Welfare and Institutions Code — Part 17 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 17 of 35 · provisions 3,201–3,400

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

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About this statute

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. 16507.5.

    ## 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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    When a minor is separated from family under a voluntary placement agreement, the county welfare department or adoption agency social worker must provide for the minor’s care and placement, and the caregiver has no entitlement to a specific child 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16507.5. (a) (1) When a minor is separated, or is in the process of being separated, from the minor’s family under the provisions of a voluntary placement agreement, the county welfare department or a licensed private or public adoption agency social worker shall make any and all reasonable and necessary provisions for the care, supervision, custody, conduct, maintenance, and support of the minor, including medical treatment. (2) Responsibility for placement and care of the minor shall be with the social worker who may place the minor in any of the following: (A) The home of a relative or the home of a nonrelative extended family member, as described in Section 362.7, that has been assessed pursuant to Section 361.4 or, in the case of an Indian child, an extended family member as described by paragraph (1) of subdivision (c) of Section 224.1. (B) The home of a resource family, as defined in Section 16519.5. (C) A suitable licensed community care facility. (D) With a foster family agency to be placed in a suitable licensed home or other family home which has been certified by the agency as meeting licensing standards. (E) In the case of an Indian child, a tribally approved home as described by subdivision (r) of Section 224.1 and Section 10553.12 or a home or facility in accordance with the placement preferences described in Section 361.31. (b) The granting of a community care license or approval status does not entitle the caregiver to the placement of a specific child or children. Placement is based on the child’s needs and best interests. (Amended by Stats. 2024, Ch. 656, Sec. 34. (AB 81) Effective September 27, 2024.)
  2. 16507.6.

    ## 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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    When a qualifying minor has been voluntarily placed with the county welfare department, the department must choose one of several listed actions, such as returning the minor home, referring for adoption planning, or going to juvenile court.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16507.6. If a minor has been voluntarily placed with the county welfare department subsequent to January 1, 1982, for out-of-home placement by his or her parents or guardians pursuant to this chapter and the minor has remained out of their physical custody for a consecutive period not to exceed 180 days or at least 90 days before the minor attains 18 years of age, the department shall do one of the following: (a) Return the minor to the physical custody of his or her parents or guardians. (b) Refer the minor to a licensed adoption agency for consideration of adoptive planning and receipt of a permanent relinquishment of care and custody rights from the parents pursuant to Section 8700 of the Family Code. (c) Apply for a petition pursuant to Section 332 and file the petition with the juvenile court to have the minor declared a dependent child of the court under Section 300, in that return to the parental home would be contrary to the best interests of the child. The petition shall be filed, and the juvenile court shall issue a dispositional order in the case, if appropriate, prior to the minor attaining 18 years of age. (d) Refer the minor placed pursuant to paragraph (2) of subdivision (a) of Section 16507.3 to an interagency administrative review board as may be required in federal regulations. One member of the board shall be a licensed mental health practitioner. The review board shall review the appropriateness and continued necessity of six additional months of voluntary placement, the extent of the compliance with the voluntary placement plan, and the adequacy of services to the family and child. If the minor cannot be returned home by the 12th month of voluntary placement services, the department shall proceed pursuant to subdivision (b) or (c). (e) Refer the minor placed pursuant to paragraph (1) of subdivision (a) of Section 16507.3 to an administrative review board as may be required in federal regulations and as described in subdivision (b) of Section 16503. If the minor cannot be returned home by the 12th month of voluntary placement services, the department shall proceed as described in subdivision (b), (c), or (d). (Amended by Stats. 2013, Ch. 487, Sec. 10. (AB 787) Effective January 1, 2014.)
  3. 16507.7.

    ## 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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    Certain parenting-course providers must meet detailed course, curriculum, testing, staffing, and reporting requirements; some items are only encouraged.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16507.7. Each agency or entity, except for a community college, which offers a parenting course as part of a family maintenance or family reunification effort for a parent or parents of a child who has been adjudicated or is in the process of being adjudicated a dependent child of the court under Section 300, or whose family is participating in a voluntary family maintenance program, shall meet all of the requirements specified in this section. Effective July 1, 1992, organizations which receive state funding for the purpose of providing parenting courses shall meet those requirements as a condition of receiving state funding. The requirements are as follows: (a) Each parenting course shall be no more than six months in duration, and shall meet for a specified number of hours determined by each program as sufficient for the program to meet all of the requirements listed in subdivision (b). (b) The curriculum shall include all of the following components: (1) Building self-esteem, including, but not limited to, parents’ building a positive parental identity and building the self-esteem of their children. (2) Handling stress and anger. (3) The growth and development of children, including, but not limited to, safety, nutrition, and health. (4) Developing and increasing communication skills in order that a parent may learn to listen to and speak with his or her child or children. (5) Learning to use positive disciplinary mechanisms as alternatives to the physical punishment of a child, including, but not limited to, learning what constitutes abuse and neglect. (6) Learning the boundaries of permissible sexual conduct by adults with regard to children. (7) Respect for, and sensitivity to, cultural differences in child rearing practices in addressing all of the topics listed in paragraphs (1) to (6), inclusive. (c) Each parenting course is encouraged to have a maximum parent to teacher ratio of 15 parents for each teacher. (d) Each parenting course is encouraged to conduct an initial assessment and interview of each parent enrolled in the course. (e) Each parenting course shall give a preliminary examination prior to the start of the parenting course and an examination at the conclusion of the parenting course to measure changes in parental attitudes. (f) Each parenting course shall enter into a written agreement with each parent with respect to the responsibilities a parent must satisfy in order to pass the course. (g) The staff of each parenting course shall have training in the following areas: (1) The prevention of child abuse and neglect. (2) Parenting techniques. (h) Each parenting course shall provide all of the following information to the county welfare department of the county in which the course is taught, for clients referred through child welfare services programs: (1) Level of participation by parents. (2) Number of course hours completed. (3) Topics covered during attendance in class by a parent and topics covered during a parent’s absence from class. (4) Assessment of a parent’s gain in his or her knowledge about parenting as demonstrated by tests prior to and after the parenting course. (Added by Stats. 1991, Ch. 1112, Sec. 2.)
  4. 16508.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 permanent placement services for certain children and nonminor dependents, and those services must be available without regard to income.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16508. Permanent placement services shall be provided or arranged for by county welfare department staff for children who cannot safely live with their parents and are not likely to return to their own homes, and to nonminor dependents in planned permanent living arrangements. Permanent placement services, including supportive transition services, shall be available without regard to income to the following children: (a) Children judged dependent under Section 300 where a review has determined that reunification, adoption, tribal customary adoption, or guardianship is inappropriate. (b) Recipients of public assistance under the nonfederally funded Aid to Families with Dependent Children Foster Care program who are wards of a legal guardian pursuant to Section 11405, where a review has determined that reunification or adoption is inappropriate. (c) On and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC pursuant to Section 11403. (d) For purposes of this section, “supportive transition services” means permanent placement services provided to nonminor dependents as described in subdivision (v) of Section 11400. (Amended by Stats. 2012, Ch. 846, Sec. 57. (AB 1712) Effective January 1, 2013.)
  5. 16508.1.

    ## 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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    The social worker must recommend a Section 366.26 hearing and start an adoption plan for certain foster children, unless a listed exception applies. The county welfare department must also review qualifying cases on a set timeline.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16508.1. (a) For every child who is in foster care, or who enters foster care, on or after January 1, 1999, and has been in foster care for 15 of the most recent 22 months, the social worker shall submit to the court a recommendation that the court set a hearing pursuant to Section 366.26 for the purpose of terminating parental rights. The social worker shall concurrently initiate and describe a plan to identify, recruit, process and approve a qualified family for adoption of the child. (b) The social worker is not required to submit the recommendation as described in subdivision (a) if any of the following applies: (1) The case plan for the child has documented a compelling reason or reasons why it is unlikely that the child will be adopted, as determined by the department when it is acting as an adoption agency or by the licensed adoption agency, and therefore termination of parental rights would not be in the best interest of the child or that one of the conditions set forth in paragraph (1) of subdivision (c) of Section 366.26 applies. (2) A hearing under Section 366.26 is already set. (3) The court has found at the previous hearing under Section 366.21 that there is a substantial probability that the child will be returned to the child’s home within the extended period of time permitted. (4) The court has found at the previous hearing under Section 366.21 that reasonable reunification services have not been offered or provided. (5) The court has found at each and every hearing at which the court was required to consider reasonable efforts or services that reasonable efforts were not made or that reasonable services were not offered or provided. (6) The incarceration or institutionalization of the parent or parents, or the court-ordered participation of the parent or parents in a residential substance abuse treatment program, constitutes a significant factor in the child’s placement in foster care for a period of 15 of the most recent 22 months, and termination of parental rights is not in the child’s best interests, considering factors such as the age of the child, the degree of parent and child bonding, the length of the sentence, and the nature of the treatment and the nature of the crime or illness. (7) Tribal customary adoption is recommended. (c) A recommendation to the court pursuant to subdivision (a) shall not be made if the social worker documents in the case record a compelling reason why a hearing pursuant to Section 366.26 is not in the best interest of the child, or that reasonable efforts to safely return the child home are continuing consistent with the time period provided for in paragraph (1) of subdivision (g) of Section 366.21. (d) Beginning January 1, 1999, the county welfare department shall implement a procedure for reviewing the application of this section to the case plans of all children who have been in foster care for 15 out of the most recent 22 months. The review shall proceed within the following timeframes: (1) By July 1, 1999, one-third of the children shall have been reviewed, giving priority to children who have been in foster care the greatest length of time. (2) By January 1, 2000, at least two-thirds of the children shall have been reviewed. (3) By July 1, 2000, all children shall have been reviewed. (e) For purposes of this section, a child shall be considered to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the home of his or her parent or guardian. (Amended (as amended by Stats. 2009, Ch. 287, Sec. 23) by Stats. 2012, Ch. 35, Sec. 132. (SB 1013) Effective June 27, 2012.)
  6. 16508.2.

    ## 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 Legislature states an intent to create additional alternatives to foster care placements, including therapeutic day 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16508.2. It is the intent of the Legislature to establish additional alternatives to foster care placements. Therapeutic day services is an alternative which has been shown in other states to be effective in reunifying families, and in avoiding or shortening the time the children must stay in foster care, and in reunifying placed children with their families. It has also been found to be significantly less expensive than foster care. (Amended by Stats. 1990, Ch. 1139, Sec. 4. Effective September 21, 1990.)
  7. 16509.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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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    Cultural and religious child-rearing practices or beliefs that differ from general community standards do not, by themselves, create a need for child welfare services unless they pose a specific danger to the child’s physical or emotional safety.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16509. Cultural and religious child-rearing practices and beliefs which differ from general community standards shall not in themselves create a need for child welfare services unless the practices present a specific danger to the physical or emotional safety of the child. (Added by renumbering Section 16508 by Stats. 1982, Ch. 978, Sec. 58. Effective September 13, 1982.)
  8. 16509.1.

    ## 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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    A child treated in good faith only by prayer, under the tenets of a recognized church or religious denomination and by a duly accredited practitioner, is not considered neglected for that reason alone.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16509.1. No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to have been neglected within the purview of this chapter. (Added by Stats. 1982, Ch. 978, Sec. 62. Effective September 13, 1982.)
  9. 16509.2.

    ## 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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    A parent’s or child’s physical or mental incapacity, by itself, does not create a presumption that child welfare services are needed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16509.2. The physical or mental incapacity, or both, in itself, of a parent or a child, shall not result in a presumption of need for child welfare services. (Added by Stats. 1982, Ch. 978, Sec. 63. Effective September 13, 1982.)
  10. 16511.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 says the child welfare chapter does not give the department or county welfare departments law enforcement 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. ) ## 16511. This chapter shall not be construed to give the department or county welfare departments any law enforcement powers. Nothing in this chapter shall be construed in such a manner as to give the department any law enforcement powers, nor to change or interfere with the responsibility of law enforcement, probation officers and departments to take direct action on behalf of children as provided in Article 6 (commencing with Section 625) of Chapter 2 of Part 1 and Article 7 (commencing with Section 650) of Chapter 2 of Part 1 of Division 2. Nor shall this part in any way relieve persons administering and working in child welfare services programs from the obligation resting on all citizens to report crimes to duly authorized law enforcement agencies. Nothing herein shall be construed as changing in any way the responsibility of probation officers and departments for initiating juvenile court proceedings as set forth in Article 7 (commencing with Section 650) of Chapter 2 of Part 1 of Division 2, nor other duties and responsibilities assigned to them by law. (Added by renumbering Section 16506 by Stats. 1982, Ch. 978, Sec. 45. Effective September 13, 1982.)
  11. 16512.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 report to the Legislature every third year, starting in 1989, on the operation and progress of the child welfare services 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. ) ## 16512. (a) The department shall report every third year, commencing in 1989, to the Legislature on the operation and progress of the child welfare services program. (b) The report shall include both of the following: (1) The number of reported child abuse cases, on an aggregate basis and on a county-by-county basis, and by types of abuse. (2) The disposition of cases reported, on an aggregate basis and on a county-by-county basis. (Amended by Stats. 1988, Ch. 722, Sec. 3.)
  12. 16513.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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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    People who, in good faith, make a report under this chapter get immunity from civil or criminal liability.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16513. Anyone participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report. (Amended (as renumbered by Stats. 1982, Ch. 978) by Stats. 2004, Ch. 842, Sec. 24. Effective January 1, 2005.)
  13. 16513.2.

    ## 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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    Funding for this chapter is subject to Part 1.5, starting at Section 10100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16513.2. Funding of this chapter is subject to the provisions of Part 1.5 (commencing with Section 10100). (Added by renumbering Section 16513 (as added by Stats. 1978, Ch. 1235) by Stats. 2015, Ch. 303, Sec. 630. (AB 731) Effective January 1, 2016.)
  14. 16513.5.

    ## 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 party in a dependency proceeding may ask the juvenile court to remove a social worker, and the judge must grant the motion if there is enough evidence of a conflict of interest that would interfere with the worker’s ability to act objectively.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16513.5. Any party to a dependency proceeding may bring a motion before the juvenile court to have a social worker removed from the case. The juvenile court judge in the dependency proceeding shall grant the motion if a preponderance of evidence shows that a conflict of interest has occurred that would interfere with the social worker’s ability to objectively carry out his or her duties, which may include, but is not limited to, any of the following: (a) The social worker has had sexual contact, as defined in Section 43.93 of the Civil Code, with any party to the dependency proceedings. (b) The social worker has a relationship with an individual who is adopting or attempting to adopt a child who is the subject of the pending dependency proceeding, and the relationship is of such a nature that a conflict of interest or bias may exist on the part of the social worker which may compromise his or her objectivity. (c) The social worker has been convicted of perjury with regard to the dependency proceeding before the court. (Added by Stats. 1994, Ch. 502, Sec. 1. Effective January 1, 1995.)
  15. 16514.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 when certain children and nonminor dependents may be placed together in specific care settings, and requires matching needs before some placements are allowed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16514. (a) A child or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a resource family home, or with a foster family agency for subsequent placement in a certified family home or with a resource family, with minors adjudged wards of the juvenile court pursuant to Section 601. (b) A child who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602. (c) (1) A child or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential therapeutic program, group home, licensed foster family home, resource family, or certified family home or resource family of a foster family agency, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that both of the following are true: (A) The placement setting has a program that meets the specific needs of the child or nonminor dependent being placed or detained, or, in the case of placement when no program is required by law, the home meets the specific needs of the child or nonminor. (B) There is a commonality of needs with the other children and nonminor dependents in the placement setting. (2) Notwithstanding Section 206, a child who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, may be placed with a child or nonminor who is a current dependent of the juvenile court and for whom a petition has been subsequently filed alleging he or she is a ward of the juvenile court pursuant to Section 601 or 602. That placement may be made only when the social worker or probation officer with placement authority has determined that both of the following are true: (A) The placement setting meets the specific needs of the child or nonminor dependent being placed or detained. (B) There is a commonality of needs with the other children and nonminor dependents in the placement setting. (d) Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it. (e) For purposes of this section, the placing of children or nonminor dependents by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies. (Amended by Stats. 2017, Ch. 732, Sec. 102. (AB 404) Effective January 1, 2018.)
  16. 16515.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 child welfare agency may create a three-year pilot program with a domestic violence consultant to support county social workers, and the consultant must provide specified education, discussion, recommendations, and law-enforcement navigation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16515. (a) A county child welfare agency may establish a three-year pilot program in which the county partners with a domestic violence consultant from a domestic violence victim service organization, as defined in Section 1037.1 of the Evidence Code, to offer support and guidance to county social workers in addressing the complex dynamics of families who are potentially experiencing both domestic violence and child maltreatment in order to enhance the social worker’s knowledge of domestic violence and their ability to apply that knowledge to their work with parent survivors and their children through tailored engagement and intervention strategies. The consultant shall be a qualified domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. (b) Under the pilot program, the domestic violence consultant shall assist county social workers by doing, at a minimum, all of the following: (1) Provide education on domestic violence-related dynamics and services. (2) Discuss complicating factors, including, but not limited to, children witnessing or experiencing violence during domestic violence incidents, homelessness, and substance and alcohol use. (3) Discuss protective measures, including, but not limited to, implementing safety plans or restraining orders to protect parent survivors and their children, and child removal from homes affected by domestic violence. (4) Offer recommendations for accessing resources for families. (5) Navigate law enforcement responses to reports of domestic violence. (c) The domestic violence consultant may also provide direct support to parent survivors by facilitating shelter access, referring their children to therapy, and providing information on other resources. (d) (1) If a county implements the pilot program pursuant to this section, the county shall conduct a comprehensive evaluation of the pilot program and report its findings to the Legislature on or before October 31, 2031. A participating county shall seek the input of the State Department of Social Services and stakeholders, including people with lived experience with domestic violence and child welfare, in the design and implementation of the evaluation. The report shall include, but not be limited to, all of the following: (A) Data on each instance when safety plans or restraining orders were implemented in homes affected by domestic violence and the outcomes for each family utilizing protective measures. (B) Data on the recommendations provided to families who were identified as needing to access resources and the outcomes of their use. (C) Data on law enforcement responses to each report of domestic violence. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2025, Ch. 381, Sec. 1. (AB 779) Effective January 1, 2026. Repealed as of January 1, 2032, by its own provisions)
  17. 16516.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 and probation officers acting as court officers may not take certain business or financial interests in businesses receiving court-ordered child welfare service 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16516. (a) No social worker or probation officer acting as an officer of the court for purposes of this chapter shall, directly or indirectly, lobby for, act as a consultant to, enter into a business transaction with, acquire ownership of, or obtain a pecuniary interest in, any business, whether organized for profit or as a nonprofit entity, which has received any funds or income from court-ordered child welfare services. (b) (1) Any public law enforcement agency or any private entity shall have standing to bring an action seeking a civil remedy pursuant to this section in any court of competent jurisdiction. (2) Any person who violates this section shall be subject to any or all of the following remedies, as ordered by the court, in its discretion: (A) Restitution of funds received in violation of this section. (B) Statutory damages of not less than one thousand dollars ($1,000), not to exceed treble the amount of the funds received in violation of this section. (C) Actual damages resulting from a violation of this section. (D) Termination of the grant or contract. (E) Reasonable attorney’s fees. (F) Any other relief that the court deems proper. (c) For purposes of this section, “court-ordered child welfare services” include those services ordered by the court pursuant to Sections 11450 and 16501 for a dependent or ward of the court. (Amended by Stats. 1994, Ch. 146, Sec. 231. Effective January 1, 1995.)
  18. 16516.5.

    ## 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 welfare or probation departments must ensure foster children in group homes get monthly visits from a county social worker or probation officer, with a private discussion during each visit.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16516.5. (a) Notwithstanding any other law or regulation, all foster children who are placed in group homes by county welfare departments or county probation departments shall be visited at least monthly by a county social worker or probation officer. Each monthly visit shall include a private discussion between the foster child and the county social worker or probation officer. The private discussion shall not be held in the presence or immediate vicinity of the group home staff. The social worker or probation officer shall advise the foster child that he or she has the right to request that the private discussion occur outside the group home. If a foster child requests to have the private discussion outside the group home, that private discussion shall not replace the visit in the group home. However, the social worker or probation officer shall not be required to schedule an additional visit to accommodate the request. The contents of the private discussion shall not be disclosed to the group home staff, except that the social worker or probation officer may disclose information under any of the following circumstances: (1) The social worker or probation officer believes that the foster child may be in danger of harming himself or herself, or others. (2) The social worker or probation officer believes that disclosure is necessary to meet the needs of the child. (3) The child consents to disclosure of the information. (b) The location of monthly visits for each foster child who is placed in a group home by a county welfare department or a county probation department shall comply with federal requirements as described in Section 624(f)(2)(A) of Title 42 of the United States Code. No more than two consecutive monthly visits may be held outside the residence of the foster child. (c) If the visit does not occur in the place of residence, the social worker or probation officer shall document in the case file and in the court report the location of the visit and the reason for the visit occurring outside the place of residence. (d) (1) Prior to the 2011–12 fiscal year, notwithstanding Section 10101, the state shall pay 100 percent of the nonfederal costs associated with the monthly visitation requirement in subdivision (a) in excess of the minimum semiannual visits required under current regulations. (2) Notwithstanding subdivision (b), 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. 2013, Ch. 492, Sec. 1. (SB 342) Effective January 1, 2014.)
  19. 16516.6.

    ## 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. )

    Verify source ↗

    County social workers or probation officers must hold a private discussion with a foster child during regular foster-home visits and keep it away from the foster parent or caregiver, with limited disclosure exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16516.6. (a) When a county social worker or probation officer makes a regular visit with a child in any licensed, certified, or approved foster home, the regular visit shall include a private discussion between the foster child and the social worker or probation officer. The private discussion shall not be held in the presence or immediate vicinity of the foster parent or caregiver. The social worker or probation officer shall advise the foster child that he or she has the right to request that the private discussion occur outside the foster home. If a foster child requests to have the private discussion outside the foster home, that private discussion shall not replace the visit in the foster home. However, the social worker or probation officer shall not be required to schedule an additional visit to accommodate the request. The contents of the private discussion shall not be disclosed to the foster parent or caregiver, except that the social worker or probation officer may disclose information under any of the following circumstances: (1) The social worker or probation officer believes that the foster child may be in danger of harming himself or herself, or others. (2) The social worker or probation officer believes that disclosure is necessary to meet the needs of the child. (3) The child consents to disclosure of the information. (b) The location of monthly visits for each foster child who is placed in a licensed, certified, or approved foster home by a county welfare department or a county probation department shall comply with federal requirements as described in Section 624(f)(2)(A) of Title 42 of the United States Code. No more than two consecutive monthly visits may be held outside the residence of the foster child. (c) If the visit does not occur in the place of residence, the social worker or probation officer shall document in the case file and in the court report the location of the visit and the reason for the visit occurring outside the place of residence. (Amended by Stats. 2013, Ch. 492, Sec. 2. (SB 342) Effective January 1, 2014.)
  20. 16517.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 lets counties that choose to participate in the Section 8 housing certificate program use county social services determinations and certifications to support families where housing problems are contributing to child welfare risks.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16517. (a) (1) It is the intent of the Legislature to accomplish both of the following: (A) To prevent the unnecessary separation of children from their families because of homelessness or the lack of shelter. (B) To assist in the reunification of foster children and their families when housing remains a problem. (2) Through the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), housing assistance may be made available to families eligible for assistance under this program. (b) (1) For the purposes of the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), the county department of social services is designated “the public child welfare agency.” (2) If a county chooses to participate in the Section 8 housing certificate program, all of the following shall occur: (A) The county department of social services shall make the determination, pursuant to Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), that an eligible child is at imminent risk of placement in out-of-home care or that an eligible child in out-of-home care under its supervision may be returned to his or her family. (B) The county department of social services shall certify an eligible family as one for which the lack of adequate housing is a primary factor in the imminent placement of the family’s child or children in out-of-home care or in the delayed discharge of a child or children to the family from out-of-home care. (C) The county department of social services shall transmit, in writing, its certification pursuant to subparagraph (B) to the local public housing agency responsible, pursuant to Section 34327.3 of the Health and Safety Code, for administering assistance under the Section 8 housing certificate program. (c) As used in this section, “Section 8” means Section 8 of the United States Housing Act of 1937 (Sec. 1437 et seq., Title 42, U.S.C.). (d) The State Department of Social Services may, upon the request of a local public entity, provide technical assistance for the purpose of developing applications and plans from the local public entity for federal funding under the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625). (e) The State Department of Social Services is authorized to adopt 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 in order to implement the purposes of this section. (Added by Stats. 1992, Ch. 292, Sec. 3. Effective July 23, 1992.)
  21. 16517.5.

    ## 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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    Social workers and probation officers acting as officers of the court may not place a child out of home with their relatives or certain relatives’ spouses, and may not take compensation for such placements except as county or state employees.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16517.5. (a) A social worker or probation officer acting as an officer of the court shall not make an out-of-home placement of a dependent or ward of the court pursuant to this chapter with any of the following: (1) A relative of the social worker or probation officer responsible for the placement of the child. (2) The spouse of a relative described in paragraph (1). (b) A social worker or probation officer acting as an officer of the court shall not receive compensation for the out-of-home placement of a dependent or ward of the court other than the compensation received as an employee of the county or the state. (Added by renumbering Section 16517 (as added by Stats. 1992, Ch. 497, Sec. 2) by Stats. 2015, Ch. 303, Sec. 631. (AB 731) Effective January 1, 2016.)
  22. 16518.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 set criteria for comprehensive home studies of licensed or foster parents and consult specified child welfare and community groups.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16518. The State Department of Social Services, in consultation with county placement agencies, foster care providers, and other interested community parties, shall establish criteria to be used for conducting a comprehensive home study of a licensed or foster parent that evaluates the ability, readiness, and willingness of the licensed foster parent to meet the varying needs of children. The department shall consult with the Task Force on Accreditation of Services for Children established pursuant to Section 1565 of the Health and Safety Code, and shall, as appropriate, consider the accreditation standards that are included in the accreditation plan when developing the home study criteria. The home study criteria developed pursuant to this section shall become operative at such time as the regulations adopted pursuant to Section 1521.6 of the Health and Safety Code are filed with the Secretary of State. (Amended by Stats. 2022, Ch. 967, Sec. 3. (AB 2466) Effective January 1, 2023.)
  23. 16518.5.

    ## 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 not refuse to place a foster child with a resource family because of the parent’s actual or perceived sexual orientation, gender identity, or gender expression.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16518.5. When placing foster children, the placing agency shall not decline to place a child with a resource family because of a resource family parent’s actual or perceived sexual orientation, gender identity, or gender expression. (Added by Stats. 2022, Ch. 967, Sec. 4. (AB 2466) Effective January 1, 2023.)
  24. 16519.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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 Legislature states that child safety, permanency, and well-being are central goals in foster care and that current licensing and approval processes do not fully support those goals.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## 16519. The Legislature finds and declares the following: (a) Safety, permanency, and well-being are crucial for the more than 82,000 California children in foster care, and are paramount to achieving both federal and state child welfare system improvement goals. Foster children need safe homes with permanent connections to family or other caring adults. The current licensing and approval system, which screens families to care for foster children, fails to support these outcomes. (b) Children in foster care live in a variety of out-of-home care settings: licensed foster family homes, approved relative and nonrelative extended family member homes, foster family agencies, and group homes. All of these placement types, considered facilities under current law, are required to meet the respective health and safety standards in order to be licensed or approved. This has produced administrative inefficiencies and confusion among stakeholders, and has contributed to difficulty in recruiting suitable foster family homes for children in out-of-home care. Increasing the number of available suitable homes will improve the likelihood that the best home will be initially identified to meet a child’s particular needs. (c) Child safety and well-being are not achieved solely by ensuring that the home the child is placed in is free from physical hazards and that adults living in the home do not have disqualifying criminal convictions or past reports of child abuse. Child safety and well-being are also dependent upon consideration of the resource family’s psychosocial history that includes physical health, mental health, alcohol and substance abuse, family violence or abuse, and experience caring for children. (d) Research shows that children in out-of-home care placed with relatives and nonrelative extended family members are more stable, more likely to be placed with siblings, and more likely to stay connected to their community and extended family. California statutory and regulatory provisions should maximize the likelihood that a child will initially be placed in the care of a safe relative or nonrelative extended family member who is willing to provide permanent care if reunification cannot be achieved. (e) Families living in the same neighborhood as a family from which a child has been removed are often best suited to provide for the immediate placement needs of that child. (f) Families who provide care to children in out-of-home placement are a valuable resource to the people of this state and to the children for whom they provide care. (Added by Stats. 2007, Ch. 464, Sec. 2. Effective January 1, 2008.)
  25. 16519.3.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    The department must adopt a simplified approval process for relative caregivers by January 1, 2027, subject to federal funding and federal approval 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.3. (a) Notwithstanding any other law and no later than January 1, 2027, the department shall adopt a simplified approval process for relative caregivers consistent with the definition of foster family homes for the purposes of Title IV-E eligibility in Section 1355.20 of Title 45 of the Code of Federal Regulations. The simplified approval process for relative and kinship caregivers shall be implemented only if and to the extent that federal financial participation is available and after necessary federal approval of state plan amendments has been obtained. (b) The department may convene government-to-government consultation with tribes and communicate with other interested individuals and organizations to develop a simplified approval process for relative and kinship caregivers that achieves the goals of safety, permanency, and well-being for children in out-of-home care. The communication may include seeking feedback from relative and kinship caregivers, foster youth, county child welfare and probation agencies, foster family agencies, tribes, tribal organizations, tribal consortia, and other interested community partners. (c) (1) For purposes of this section, “relative” has the same meaning as defined in subdivision (m) of Section 11400, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1. (2) The department shall consider using a broader definition of “relative” that includes nonrelative extended family members, as defined in subdivision (n) of Section 11400. (Added by Stats. 2024, Ch. 417, Sec. 2. (AB 2830) Effective January 1, 2025.)
  26. 16519.4.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    The department must track and report specified child welfare information to the Legislature after a simplified approval process is implemented, and must also report by September 30, 2026 on any needed statutory changes for separate relative caregiver 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.4. (a) Upon implementation of a simplified approval process adopted pursuant to Section 16519.3, and no later than 18 months after implementation, the department shall track and report to the Legislature all of the following to the extent that the requested data can be tracked in the statewide child welfare information system: (1) The average length of time required for an applicant who had placement prior to approval to receive resource family approval, and whether the average length of time has increased, decreased, or remained the same over time, after January 1, 2023. (2) Whether the placement of children or youth with relatives has increased, decreased, or remained the same over time, after January 1, 2023. (3) What, if any, barriers exist that affect implementation of the simplified approval process described in Section 16519.3. (b) On or before September 30, 2026, the department shall report to the Legislature for consideration the additional statutory changes required to fully implement separate resource family approval standards for relative caregivers. (c) (1) The report to be submitted pursuant to subdivision (a) and the report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on June 30, 2030, and, as of January 1, 2031, is repealed. (Added by Stats. 2024, Ch. 417, Sec. 3. (AB 2830) Effective January 1, 2025. Inoperative June 30, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
  27. 16519.5.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    This section creates a resource family approval process and assigns duties to the state department and counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. (b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location. (2) Additional counties may participate in the early implementation of the program upon authorization by the department. (3) The State Department of Social Services shall be responsible for all of the following: (A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California. (B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families. (C) Entering into terms and conditions for early implementation participation in the program by counties. (4) Counties participating in the early implementation of the program shall be responsible for all of the following: (A) Submitting an implementation plan. (B) Entering into terms and conditions for early implementation participation in the program. (C) Consulting with the county probation department in the development of the implementation plan. (D) Training appropriate staff. (E) Accepting applications from resource families within the timeframes established by the department. (5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program. (B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes. (6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program. (7) This subdivision is inoperative on January 1, 2017. (c) (1) For purposes of this article, “resource family” means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following: (A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both. (B) An understanding of children’s needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking. (C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency, birth family, as appropriate, other resource families, and other service providers in implementing the child’s case plan and supporting transitions in placement settings or permanency. (D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family. (E) An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child. (F) An ability and willingness to meet the needs of the child regardless of the child’s sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs. (2) For purposes of this article, and unless otherwise specified, references to a “child” include a “nonminor dependent” and “nonminor former dependent or ward,” as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400. (3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family. (4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship. (B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05. (ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child’s placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them. (iii) In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause. (5) For purposes of this article, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval. (6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family. (7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years. (B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code. (C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section. (ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5. (D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law. (E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following: (i) The effective date of a final decision or order upholding a notice of action or exclusion order. (ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision. (8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval. (9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code. (10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family. (11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal. (B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed. (d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family. (2) Resource family home environment assessment standards shall include, but not be limited to, all of the following: (A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code. (II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code. (III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV). (IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. (V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource family’s home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource family’s home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered. (ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized. (iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search. (B) A home and grounds evaluation to ensure the health and safety of children. (C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following: (i) That the applicant demonstrates an understanding of the rights of children in care and the applicant’s responsibility to safeguard those rights. (ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child’s case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002. (iii) That the applicant understands the applicant’s responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child. (3) The resource family permanency assessment standards shall include, but not be limited to, all of the following: (A) Caregiver training, as described in subdivisions (g) and (h). (B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicant’s personal history, family dynamic, and need for support or resources, and a risk assessment. (i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family member’s expressed desire to only care for a specific child or children shall not be a reason to deny the approval. (ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c). (iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section. (C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child. (4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child. (B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments. (C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays. (e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child. (A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the child’s placement in the home, unless good cause exists. (B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment. (C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays. (2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a child’s placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists. (3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed. (4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9. (5) This section does not limit the county’s authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided. (6) This subdivision does not limit the county’s obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1. (f) The State Department of Social Services shall be responsible for all of the following: (1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state. (2) Approving and requiring the use of a single standard for resource family approval. (3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format. (4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family. (5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following: (A) Investigating complaints regarding resource families. (B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved. (6) Ongoing oversight and monitoring of county systems and operations including all of the following: (A) Reviewing the county’s implementation plan and implementation of the program. (B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied. (i) The review shall include case file documentation and may include onsite inspection of individual resource families. (ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes. (C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation. (D) Investigating unresolved complaints against counties. (E) Requiring corrective action of counties that are not in full compliance with this section. (7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61. (8) Implementing due process procedures, including, but not limited to, all of the following: (A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department. (B) Providing an excluded individual with due process pursuant to Section 16519.6. (C) Amending the department’s applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program. (g) Counties shall be responsible for all of the following: (1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan. (2) Complying with the written directives or regulations adopted pursuant to this section. (3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format. (4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family. (5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61: (i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicant’s capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes. (II) The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application. (ii) Rescinding approvals of resource families. (iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard. (iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order. (v) Granting, denying, or rescinding criminal record exemptions. (B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6. (C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action. (6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource family’s circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code. (B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section. (7) Monitoring resource families through all of the following: (A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed. (B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval. (C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section. (D) Inspecting resource family homes as often as necessary to ensure the quality of care provided. (8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home. (B) The child’s social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family. (C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member. (D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation. (9) Performing corrective action as required by the department. (10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified. (11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f). (12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system. (13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses: (A) An overview of the child protective and probation systems. (B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect. (C) Positive discipline and the importance of self-esteem. (D) Health issues in foster care. (E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services. (F) The rights of a child in foster care and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender. (H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school. (I) Permanence, well-being, and education needs of children. (J) Child and adolescent development, including sexual orientation, gender identity, and expression. (K) The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, other resource families, and other service providers implementing the case plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings. (L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. (M) A resource family’s responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child. (N) An overview of the specialized training identified in subdivision (h). (O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5. (P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, “information” may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities. (14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13). (15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval. (ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires. (iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires. (B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training. (ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A). (16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics: (i) Recognizing indicators of commercial sexual exploitation and child labor trafficking. (ii) Harm reduction. (iii) Trauma-informed care. (iv) Available county and state resources. (v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking. (B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph. (C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h). (D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means. (h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following: (1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking. (2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children. (3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications. (4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions. (5) Understanding how to use best practices for providing care and supervision to nonminor dependents. (6) Understanding how to use best practices for providing care and supervision to children with special health care needs. (7) Understanding the different permanency options and the services and benefits associated with the options. (i) This section does not preclude a county from requiring training in excess of the requirements in this section. (j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g). (2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individual’s subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code. (B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice. (3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the family’s circumstances or family evaluation. (k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program. (l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the child’s assessed level of care. (m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101. (n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section. (o) Except as provided, resource families shall be exempt from both of the following: (1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act. (2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017. (p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017. (2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes. (ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code. (B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members. (ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section. (C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable. (D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members. (3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county: (A) A detailed description of the resource family approval program. (B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020. (C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8). (4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members: (A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family. (B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation. (C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation. (5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions. (6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code. (B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice. (7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption. (8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code: (A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018. (B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process. (C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family. (D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family. (q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code. (r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes. (1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval. (2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code. (3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency. (4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision. (5) This subdivision is inoperative on January 1, 2017. (s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code. (t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. (Amended by Stats. 2025, Ch. 564, Sec. 5. (AB 896) Effective January 1, 2026.)
  28. 16519.501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A resource family approval is forfeited automatically if certain events happen, including surrender, death of the sole parent, abandonment of the approved home, or failure to cooperate with a biennial update within 30 days after written notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.501. A resource family approval shall be forfeited by operation of law when one of the following occurs: (a) The resource family surrenders the approval to the county child welfare agency or probation department. (b) The sole resource family parent dies. (c) The resource family abandons the approved home. (d) The resource family fails to cooperate with a biennial update, as described in paragraph (6) of subdivision (g) of Section 16519.5, within 30 days of the date of written notice by the county child welfare agency or probation department. (e) A resource family approval is forfeited by operation of law, as provided in Section 16519.58 of this code or Section 1517.5 of the Health and Safety Code. (Amended by Stats. 2020, Ch. 104, Sec. 22. (AB 2944) Effective September 18, 2020.)
  29. 16519.502.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A county may require a resource family or applicant to take extra relevant specialized training hours beyond what state law requires.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.502. (a) A portion of the annual resource family training shall support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department. (b) A county, in its discretion, may require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law. (Added by Stats. 2017, Ch. 705, Sec. 1. (AB 507) Effective January 1, 2018.)
  30. 16519.51.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A person, the department, and a county are shielded from civil liability in specified resource-family approval and rescission-notice situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.51. (a) A person shall not incur civil liability as a result of a county notifying the department of its determination to rescind the approval of a resource family due to any of the following actions by a resource family parent: (1) Violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law. (2) Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law. (3) Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the state of California. (4) The conviction of the applicant or resource family parent at any time before or during his or her approval of a crime described in Section 1522. (5) Knowingly allowing any child to have illegal drugs, alcohol, or any tobacco product as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (6) Committing an act of child abuse or neglect or an act of violence against another person. (b) The department or a county shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation of an application for approval of a resource family. (Repealed and added by Stats. 2016, Ch. 612, Sec. 121. (AB 1997) Effective January 1, 2017.)
  31. 16519.52.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A resource family may use delayed egress devices in the home, but the devices cannot delay a resident’s departure for more than 30 seconds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.52. (a) A resource family may install and use delayed egress devices of the time delay type in the home of the resource family. (b) As used in this section, “delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the home for longer than 30 seconds. (c) Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home. (d) Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions: (1) The person shall have a developmental disability, as defined in Section 4512. (2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (3) An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement. (e) The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices. (f) The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures. (g) The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code. (h) The plan shall include, but shall not be limited to, all of the following: (1) A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home. (2) A description of how the resource family will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504. (3) A description of how the resource family will manage the person’s lack of hazard awareness and impulse control behavior. (4) A description of the resource family’s emergency evacuation procedures. (i) Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents. (j) Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision. (Added by Stats. 2015, Ch. 773, Sec. 112. (AB 403) Effective January 1, 2016.)
  32. 16519.53.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A resource family is authorized to give certain emergency medical assistance and injections to a foster child in 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.53. (a) A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code. (b) A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a child’s physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code. (Added by Stats. 2015, Ch. 773, Sec. 113. (AB 403) Effective January 1, 2016.)
  33. 16519.54.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A resource family is not subject to civil penalties under the Community Care Facilities 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.54. Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (Added by Stats. 2015, Ch. 773, Sec. 114. (AB 403) Effective January 1, 2016.)
  34. 16519.55.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    Resource family information is treated as personal information, generally cannot be disclosed by state or local agencies, and certain applicants and agencies have disclosure and reference-check 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.55. (a) Subject to subdivision (d), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges. (b) The application form signed by a resource family applicant of a county shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor. (c) (1) Before approving a resource family, a county may conduct a reference check of the applicant to determine whether it is safe and appropriate for the county to approve the applicant to be a resource family by contacting the following: (A) Any foster family agencies that have certified the applicant. (B) Any state or county licensing offices that have licensed the applicant as a foster family home. (C) Any counties that have approved the applicant as a relative or nonrelative extended family member. (D) Any foster family agencies or counties that have approved the applicant as a resource family. (E) Any state licensing offices that have licensed the applicant as a community care facility, child daycare center, or family child care home. (F) Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive. (2) Notwithstanding subdivision (d), within 20 business days of being contacted by a county, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the county that is conducting a reference check. (d) The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family. (e) For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 615, Sec. 460. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  35. 16519.555.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A written report about a resource family applicant is confidential and can be shared only with listed people and agencies; recipients must not further share it, except the applicant or resource family may share parts that relate to them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.555. (a) The written report evaluating a resource family applicant’s capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes, or any update to the written report, completed pursuant to Section 16519.5 of this code or Section 1517 of the Health and Safety Code is confidential and may be released only to the following individuals and entities: (1) The applicant or resource family. (2) A tribal agency. (3) The county child welfare agency or county probation department. (4) The State Department of Social Services. (5) A licensed foster family agency pursuant to Section 1517.5 of the Health and Safety Code. (6) A county adoption agency, as defined in Section 8513 of the Family Code, or a licensed adoption agency, as defined in Section 8530 of the Family Code. (7) For the purpose of assessing the appropriateness of a placement or proposed placement pursuant to the Interstate Compact on the Placement of Children, a member of the child welfare agency in the sending state. (b) The written report, or any update to the written report, described in subdivision (a) shall not be further disseminated by the receiving individual or entity to any individual or entity, other than those individuals or agencies authorized to receive the written report pursuant to subdivision (a). (c) Notwithstanding subdivision (b), this section does not limit an applicant or resource family from disseminating those portions of the written report that relate to the applicant or resource family. (Added by Stats. 2018, Ch. 910, Sec. 47. (AB 1930) Effective January 1, 2019.)
  36. 16519.56.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A county must place a resource family on inactive status when the family notifies the county, and the family must keep approval standards when inactive status 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.56. (a) (1) A county shall place a resource family on inactive status upon notification by the resource family in accordance with this section and the written directives or regulations adopted by the department pursuant to Section 16519.5. (2) For purposes of this section, and notwithstanding Section 16519.5, “inactive status” means a period of time during which a resource family is not eligible to provide foster care for a child and is not subject to an approval update. (b) The written directives or regulations adopted by the department pursuant to Section 16519.5 shall include, but not be limited to, all of the following: (1) The method by which a resource family shall notify a county of the following: (A) A request to be placed on inactive status. (B) A request to end inactive status. (2) The actions to be taken by a county to end an inactive status. (3) Any time limitations on inactive status. (4) The circumstances under which a county shall conduct inspections of the home of a resource family during a period of inactive status. (c) A resource family shall maintain all approval standards required by Section 16519.5 upon ending inactive status. (d) This section does not limit the authority of the department to institute or continue an administrative action against a resource family or any individual residing or regularly present in the home of a resource family during a period of inactive status. (Added by Stats. 2017, Ch. 732, Sec. 104. (AB 404) Effective January 1, 2018.)
  37. 16519.57.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A qualifying resource family may consent for a child as a parent would, but not for marriage, military entry, certain medical and dental treatment, or educational decisions reserved to the child’s educational rights holder.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.57. (a) Notwithstanding any other law, a resource family who has had a child either placed with them pursuant to order of the juvenile court or voluntarily placed with them by the person or persons having legal custody of the child, may give the same legal consent for that child as a parent, except for the following: (1) Marriage. (2) Entry into the Armed Forces of the United States. (3) Medical and dental treatment, except that consent may be given for ordinary medical and dental treatment for the child, including, but not limited to, immunizations, physical examinations, and X-rays. (4) Educational decisions that are required to be made by a child’s educational rights holder. (5) If the child is voluntarily placed by the parent or parents, those items as are agreed to in writing by the parties to the placement. (b) This section does not apply to any situation in which a juvenile court order expressly reserves the right to consent to those activities to the court. (Added by Stats. 2017, Ch. 732, Sec. 105. (AB 404) Effective January 1, 2018.)
  38. 16519.58.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A resource family approved by a licensed foster family agency may transfer approval to a county if required transfer activities are completed.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.58. (a) A resource family approved by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code may transfer their approval to a county upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following: (1) The resource family shall complete the following activities: (A) Submit to the county information necessary to initiate the transfer process on a form specified by the department. (B) Authorize the county to request that clearances and exemptions issued to the resource family and all adults residing or regularly present in the home be transferred from the department to the county pursuant to subdivision (h) of Section 1522 of the Health and Safety Code. (C) Cooperate with the county in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5. (2) (A) The county shall complete the following activities: (i) With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 of the Health and Safety Code, submit a request to the Department of Justice as specified in paragraph (4) of subdivision (h) of Section 1522 of the Health and Safety Code. (ii) Complete an approval update for the resource family as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5. (I) The county shall request a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, from the licensed foster family agency. (II) The licensed foster family agency shall forward a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, to the county within 20 business days of receipt of the request. (B) (i) Notwithstanding subparagraph (A), a county shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or pending administrative action against the applicant or an adult residing in the home, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5. (ii) A county may approve or deny the application after the investigation or administrative action has concluded, and the county confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents. (b) A county may deny a resource family’s request to transfer approval to a county for any of the reasons specified in Section 16519.61. If the county denies a resource family’s request, the resource family shall be entitled to a hearing, as specified in Section 16519.6. (c) Resource family approval by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code shall be forfeited by operation of law upon the transfer of the resource family approval to a county in accordance with this section. (d) A resource family approved pursuant to this section shall comply with the written directives or regulations adopted pursuant to Section 16519.5 and comply with other applicable federal and state laws in order to maintain approval. (e) Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the rate paid on behalf of a child or nonminor dependent to an approved resource family approved by a licensed foster family agency that has applied to transfer their approval to a county pursuant to this section shall be the rate most recently established for the child or nonminor dependent pursuant to Section 11461. Upon approval of the resource family by the county, the rate may be adjusted based on the needs of the child, consistent with guidance provided by the department. (f) (1) Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the department may temporarily waive provisions of this section to facilitate the expedient transfer of an approval of a resource family that was approved by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code to a county. Waivers pursuant to this subdivision shall not include waivers of background check requirements. (2) It is the intent of the Legislature that, as part of this process, the department provide, on a timely basis, any information and documentation related to pending investigations or administrative actions against the resource family to the county to facilitate decisions regarding approval of the resource family. (3) This subdivision shall be inoperative on January 1, 2027. (g) For purposes of this section, the following definitions apply: (1) “Department” means the State Department of Social Services. (2) “County” means a county child welfare or probation department. (Amended by Stats. 2024, Ch. 403, Sec. 3. (AB 2496) Effective September 22, 2024.)
  39. 16519.59.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    Contracts or grants for this article are exempt from certain state contracting 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.59. (a) Notwithstanding any other law, contracts or grants awarded for purposes of this article shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (b) Notwithstanding any other law, contracts or grants awarded for purposes of this article shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (Added by Stats. 2017, Ch. 732, Sec. 107. (AB 404) Effective January 1, 2018.)
  40. 16519.6.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    This section sets hearing and appeal procedures for resource family approval cases, including deadlines, late-appeal rules, confidentiality, and department exclusion 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.6. (a) A hearing conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section and the written directives or regulations adopted pursuant to Section 16519.5. (b) For a resource family hearing held at the department’s State Hearings Division, the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 shall apply, except as otherwise provided in this section. (c) (1) For a resource family hearing held at the Office of Administrative Hearings, the procedures set forth in the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code) shall apply, except as otherwise provided in this article. (2) For purposes of the administrative action procedures set forth in this article, “agency” means a county or the department according to the authority to take action provided in subdivisions (f) and (g) of Section 16519.5, except that “agency” shall mean the department for purposes of a decision or a posthearing procedure, as provided in Sections 11517 to 11522, inclusive, of the Government Code. (d) (1) Notwithstanding the time to appeal set forth in Section 10951 of this code and Section 1558 of the Health and Safety Code, an applicant for approval or for a criminal record exemption may file a written appeal within 90 days of service of a notice of action, and a resource family, excluded individual, or individual who is the subject of a criminal record exemption rescission may file a written appeal within 25 days of service of a notice of action or exclusion order. (2) Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action or exclusion order is served by mail, the time to respond shall be extended five days. (3) If different appeal timelines apply to a matter as a result of multiple actions filed against a respondent, the following shall apply: (A) A county or the department, as applicable, shall accept an appeal to one action as an appeal to all of the actions against the same respondent, if requested to do so by the respondent. (B) If an action for rescission of approval, criminal record exemption rescission, or exclusion includes an action for application denial, the applicable appeal timeline for a rescission of approval, criminal record exemption rescission, or exclusion specified in paragraph (1) shall also apply to the action for application denial. (4) This section does not impede or extend jurisdiction as set forth in the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code). (e) (1) Notwithstanding Section 10951, and except as provided in subdivision (m), a county’s action shall be final, or for matters set before the State Hearings Division, an appeal shall be subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission does not file an appeal to the notice of action or exclusion order within the prescribed time, withdraws the appeal, or fails to appear at the hearing without good cause. (2) Notwithstanding paragraph (1), a resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission shall be entitled to a hearing pursuant to Section 16519.5 if they file the appeal no more than 30 calendar days after the due date for the appeal, as specified in subdivision (d), and the person provides good cause for the late filing of the appeal. Good cause shall be determined by the department in an administrative review procedure set forth in the written directives or regulations adopted pursuant to Section 16519.5. The department shall not grant a late appeal for good cause if the appeal is filed more than 30 calendar days after the due date for the appeal, as specified in subdivision (d). (3) For purposes of this subdivision, the following definitions apply: (A) “Good cause” for the late filing of an appeal means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party filing the appeal, and the potential prejudice to the other party. (B) “Good cause” for failure to appear at the hearing shall be as defined by the department in the written directives or regulations adopted pursuant to Section 16519.5. (C) The inability of a person to understand an adequate and language-compliant notice, in and of itself, does not constitute good cause. (4) This section does not preclude the application of the principles of equity jurisdiction as otherwise provided by law. (f) Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section, notwithstanding any time waiver, shall be held within 90 days following the receipt of a timely appeal for matters to be set before the State Hearings Division or within 90 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings, unless a continuance or postponement of the hearing is granted for good cause. (g) (1) The department may exclude a resource family parent, applicant, or other individual from presence in any resource family home, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified or approved by a licensed foster family agency, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the department, for any of the reasons set forth in Section 16519.61. (2) The department may issue an exclusion order requiring the immediate removal of an individual if, in the opinion of the department, the action is necessary to protect a child from physical or mental abuse, abandonment, or any other substantial threat to the child’s health or safety. If the department has issued an immediate exclusion order, the timelines for the service of an accusation, conducting a hearing, and for a final determination set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause. (3) A resource family’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for taking action against the resource family’s approval pursuant to Section 16519.61. (4) An exclusion order that was effective prior to the implementation of the resource family approval program and conversion of licensed foster family homes and certified family homes to resource families shall be deemed to exclude the individual from presence in any resource family home. (5) (A) An exclusion shall be for the remainder of the excluded person’s life, unless otherwise ordered by the department, or as prescribed in Section 1558.1 of the Health and Safety Code. (B) Pursuant to Section 11522 of the Government Code, the excluded individual may petition for reinstatement to the department after one year has elapsed from the effective date of an exclusion order that was not appealed or the effective date of a decision and order by the department upholding an exclusion order. The department shall provide the excluded person a copy of Section 11522 of the Government Code with the exclusion order and decision and order. (C) A temporary exclusion of an individual following a county’s denial of an application for resource family approval, rescission of approval, or denial or rescission of a criminal record exemption, shall only be imposed as set forth in the written directives or regulations adopted by the department pursuant to Section 16519.5. (6) For purposes of this subdivision, a “facility licensed by the department” means a facility licensed pursuant to Chapter 3 (commencing with Section 1500) of, Chapter 3.01 (commencing with Section 1568.01) of, Chapter 3.2 (commencing with Section 1569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, or Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code. (h) If a county or the department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal for matters to be set before the State Hearings Division, or within 30 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings. The temporary suspension order shall remain in effect until the time the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department. (i) A county and the department may coordinate the filing of actions, file consolidated pleadings, or file a motion to consolidate multiple actions if a matter involves both a county and department action. (j) A resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission who files an appeal to a notice of action or exclusion order pursuant to this section shall, as part of the appeal, provide their current mailing address. The resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission shall subsequently notify the county, and the excluded individual shall notify the department, in writing of any change in mailing address, until the hearing process has been completed or terminated. (k) Service by mail of a notice or other writing on a resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission in a procedure pursuant to this section is effective if served to the last mailing address on file with the county or department. Service of a notice of action shall be by personal service or by first-class mail, and service of an exclusion order shall be by personal service or registered mail. If the last day for performance of any required action falls on a holiday, then the period shall be extended to the next day which is not a holiday. (l) In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence. (m) (1) A county or the department may institute or continue an administrative proceeding against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission upon any ground provided by this section or Section 16519.61, enter an order denying an application or rescinding the approval of a resource family, exclude an individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency. (2) The department may institute or continue an administrative proceeding against an excluded individual upon any ground provided by this section or Section 16519.61, enter an order to exclude an individual, or otherwise take disciplinary action against an excluded individual, notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency. (n) (1) Notwithstanding Sections 11425.10 and 11425.20 of the Government Code, a proceeding conducted pursuant to this section shall be confidential and not open to the public in order to preserve the confidential information of a child or resource family consistent with the confidentiality requirements in Sections 827, 10850, and 16519.55 of this code, Section 1536 of the Health and Safety Code, and Section 11167.5 of the Penal Code. Notwithstanding this requirement, an administrative law judge may admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis and with any admonishments, limitations, and protective orders as may be necessary to preserve the confidential nature of the proceedings. (2) Except as otherwise required by law, in any writ of mandate proceeding related to an issue arising out of this article, the name, identifying information, or confidential information of a child as described in Sections 827, 10850, and 16519.55, and Section 11167.5 of the Penal Code, shall not be disclosed in a public document and a protective order shall be issued by the court in order to protect the confidential information of a child. (Amended by Stats. 2021, Ch. 288, Sec. 6. (AB 1283) Effective January 1, 2022.)
  41. 16519.61.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

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    A county or the department may deny or rescind resource family approval, and the department may exclude a person from a resource family home, for listed reasons.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.61. A county or the department may deny a resource family application or rescind the approval of a resource family, and the department may exclude an individual from any resource family home, for any of the following reasons: (a) Violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law. (b) Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law. (c) Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, another individual, or the people of the State of California. (d) The conviction of the resource family applicant, parent, or associated individual at any time before or during their approval of a crime described in Section 1522 of the Health and Safety Code. (e) Engaging in acts of financial malfeasance, including, but not limited to, improper use or embezzlement of the money or property of a child, fraudulent appropriation for personal gain of money or property, or willful or negligent failure to provide services. (f) Any other reason specified in the written directives or regulations adopted pursuant to Section 16519.5. (Amended by Stats. 2023, Ch. 226, Sec. 3. (SB 407) Effective January 1, 2024.)
  42. 16519.62.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    A child’s out-of-court statement may be used as evidence in a covered administrative hearing if it is shared with all parties beforehand and the adjudicator finds it reliable.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.62. (a) The out-of-court statements of a child under 12 years of age who is the subject or victim of an allegation at issue constitutes admissible evidence at an administrative hearing conducted pursuant to this article. The out-of-court statement may provide the sole basis for a finding of fact if the proponent of the statement provided the statement to all parties prior to the hearing and the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. However, the out-of-court statement shall not be admissible if an objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. (b) This section shall not be construed to limit the right of any party to the administrative hearing to subpoena a witness whose statement is admitted as evidence or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant. (Added by Stats. 2016, Ch. 612, Sec. 125. (AB 1997) Effective January 1, 2017.)
  43. 16519.63.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    An administrative law judge may allow a child or similarly vulnerable witness to testify outside the respondent’s presence, and the county or department must provide one-way video so the respondent can observe.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.63. (a) An administrative law judge conducting a hearing pursuant to this article may permit the testimony of a child witness or a similarly vulnerable witness, including, but not limited to, a witness who is intellectually disabled, to be taken outside the presence of the respondent if all of the following conditions exist: (1) The administrative law judge determines that taking the testimony of the witness outside the presence of the respondent is necessary to ensure truthful testimony. (2) The witness is likely to be intimidated by the presence of the respondent. (3) The witness is afraid to testify in front of the respondent. (b) If the testimony of a witness is taken outside of the presence of the respondent, the county, or the department in an exclusion action, shall provide for the use of one-way closed-circuit television or video so the respondent can observe the witness’ testimony. Nothing in this section shall limit a respondent’s right to cross-examine the witness. (c) The administrative law judge presiding over a hearing in which testimony is taken pursuant to this section may clear the hearing room of any person in order to protect a witness from intimidation or other harm, taking into account the rights of all persons. (Added by Stats. 2017, Ch. 732, Sec. 110. (AB 404) Effective January 1, 2018.)
  44. 16519.64.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    In certain administrative hearings about inappropriate sexual conduct involving a child or other minor, evidence of the victim’s sexual conduct with others is tightly limited and usually excluded.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.64. (a) In any administrative proceeding conducted pursuant to this article in which a child or other minor is the victim in an allegation of inappropriate sexual conduct, evidence of specific instances of the victim’s sexual conduct with individuals other than the alleged perpetrator is subject to all of the following limitations: (1) The evidence is not discoverable unless it is to be offered at an administrative proceeding to attack the credibility of the victim as provided for in subdivision (b). This paragraph is intended only to limit the scope of discovery and is not intended to affect the methods of discovery authorized by statute. (2) The evidence is not admissible at the administrative proceeding unless offered to attack the credibility of the victim as provided for in subdivision (b). (3) Reputation or opinion evidence regarding the sexual behavior of the victim is not admissible for any purpose. (b) Evidence of specific instances of a victim’s sexual conduct with individuals other than the alleged perpetrator is presumed inadmissible absent an offer of proof establishing its relevance and reliability and that its probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issues. (c) As used in this section, “victim” means a person who claims to have been subjected to inappropriate sexual conduct by an alleged perpetrator, including, but not limited to, a person who is an adult at the time of hearing but was under 18 years of age at the time of the alleged inappropriate sexual conduct. (Added by Stats. 2017, Ch. 732, Sec. 111. (AB 404) Effective January 1, 2018.)
  45. 16519.65.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    The county or respondent may ask the department for a rehearing within 30 days, and the department must grant or deny that request by the 90th business day.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.65. (a) For matters set before the State Hearings Division, the county or respondent may file a request with the department for a rehearing within 30 days after receiving the decision of the department that is a proposed decision of an administrative law judge adopted by the department as a final decision and order, a final decision rendered by an administrative law judge, or a decision issued by the department. The department shall grant or deny the request no later than the 90th business day after the request is made. The remaining provisions of Section 10960 shall apply to the rehearing request. (b) If the department grants the request, the rehearing shall be conducted in accordance with Section 16519.6 and following. (Added by Stats. 2017, Ch. 732, Sec. 112. (AB 404) Effective January 1, 2018.)
  46. 16519.7.

    ## 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. )

    Verify source ↗

    The required training must cover the caregiver’s role in education, foster youth education protections, and caregivers’ rights and obligations to access and keep educational and health 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. ) ## ARTICLE 2. Resource Family Approval Program [16519.3 - 16519.7] ( Article 2 heading added by Stats. 2016, Ch. 612, Sec. 118. ) ## 16519.7. The training requirements of subparagraph (I) of paragraph (13) of subdivision (g) of Section 16519.5 shall include training on 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. (Added by Stats. 2017, Ch. 829, Sec. 12. (SB 233) Effective January 1, 2018.)
  47. 16520.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

    Verify source ↗

    Placement agencies must give special consideration when placing wards, and the State Department of Social Services is intended to regulate and monitor these placement 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16520. The Legislature recognizes that wards and dependent children share many characteristics, often have similar family histories, and often require similar services such as out-of-home placement. The Legislature also recognizes that while there are similarities in the characteristics and service needs of the ward and dependent populations, there are also significant differences, the first being that the wards have been found responsible for committing offenses. Given this difference, the Legislature deems it imperative that placement agencies give special consideration when placing wards to factors which are not as significant when placing dependent children, including the effect on, including safety of, the community in which the out-of-home placement facility is located. However, the Legislature also acknowledges that for some wards, separate from the issue of accountability and punishment with regard to the offense, after satisfying the orders of the court with regard to the offense, placement in the out-of-home care system, with board and care funded through the Aid to Families with Dependent Children-Foster Care program, is appropriate and in their best interest. In order to ensure that wards in the out-of-home care system, with board and care funded through the Aid to Families with Dependent Children-Foster Care program, receive appropriate services, and to ensure that applicable federal and state statutory requirements are met, it is the intent of the Legislature that the State Department of Social Services, regulate and monitor these placement activities. (Added by Stats. 1993, Ch. 1089, Sec. 36. Effective January 1, 1994.)
  48. 16521.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

    Verify source ↗

    The State Department of Social Services must review relevant laws and regulations and develop regulations by January 1, 1995, for placement activities in certain foster care 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521. The State Department of Social Services, in consultation with representatives of local probation departments, foster care providers, and other interested parties, shall review federal and state statutes, federal requirements, and state regulations pertaining to the placement of children whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program, and shall by January 1, 1995, develop regulations which identify specific initial and ongoing placement activities which must be performed by the probation department to ensure the needs of wards in placement whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program are met. (Added by Stats. 1993, Ch. 1089, Sec. 37. Effective January 1, 1994.)
  49. 16521.3.

    ## 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

    Verify source ↗

    Certain California state agencies must cooperate on child welfare procurement work, and the State Department of Social Services may hire outside legal counsel for related negotiations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521.3. (a) The Department of General Services and all other affected state agencies shall cooperate with the State Department of Social Services and the California Health and Human Services Agency Data Center to expedite and achieve timely completion and review of the Technical Architecture Alternatives Analysis Plan and all procurements related to child welfare services. (b) Notwithstanding Section 11040 of the Government Code, the State Department of Social Services may obtain outside legal counsel to assist in negotiations for automation contracts related to child welfare services. (c) The State Department of Social Services shall consult with stakeholders, including the County Welfare Directors Association, during the development of procurement and automation strategies related to child welfare services. (Added by Stats. 2004, Ch. 229, Sec. 58.5. Effective August 16, 2004.)
  50. 16521.5.

    ## 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

    Verify source ↗

    Foster care providers must help youth and nonminor dependents get pregnancy-prevention information and health-service referrals, and the department must set up training, reporting, and 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521.5. (a) A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, who remain in long-term foster care, as defined by the department, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided. (b) A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided. (c) As part of the home study process, the prospective foster care provider shall notify the county if the provider objects to participating in adolescent pregnancy prevention training or the dissemination of information pursuant to subdivisions (a) and (b). A licensed foster care provider shall notify the county if the provider objects to participation. If the provider objects, the county case manager shall assume this responsibility. (d) Subdivisions (a), (b), and (c) shall not take effect until the department, in consultation with the workgroup, develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information. (e) (1) The department, in consultation with the State Department of Health Care Services, shall convene a working group for the purpose of developing a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth. The workgroup shall meet not more than three times and thereafter shall provide consultation to the department upon request. (2) The working group shall include representatives from the California Youth Connection, the Foster Parent’s Association, group home provider associations, the County Welfare Director’s Association, providers of teen pregnancy prevention programs, a foster care caseworker, an expert in pregnancy prevention curricula, a representative of the Independent Living Program, and an adolescent health professional. (f) The plan required pursuant to subdivision (e) shall include, but not be limited to, all of the following: (1) Effective strategies and programs for preteen and older teen foster youth and nonminor dependents. (2) The role of foster care and group home care providers. (3) The role of the assigned case management worker. (4) How to involve foster youth and nonminor peers. (5) Selecting and providing appropriate materials to educate foster youth and nonminors in family life education. (6) The training of foster care and group home care providers and, when necessary, county case managers in adolescent pregnancy prevention. (g) Counties currently mandating foster care provider training shall be encouraged to include the pregnancy prevention curricula guidelines and educational materials that may be developed by the workgroup pursuant to subdivision (f). (h) In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f). (i) The curriculum created pursuant to subdivision (h) shall include, but not be limited to, all of the following: (1) The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable and prudent parent standard. (2) How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan. (3) The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information. (4) Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age appropriate, trauma informed, and strengths based. (5) Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery. (j) (1) Subject to an appropriation for this purpose, the department shall compile and report annual performance and outcome data on the implementation of sexual and reproductive health training and education and the availability and use of sexual and reproductive health care services. (A) Performance data shall include the total number and rate of all of the following: (i) County social workers and probation officers who have received the information described in subdivision (i) through a training program described in Section 16206. (ii) Judges who have received the information described in subdivision (i) through a training program described in Section 304.7. (iii) Group home administrators who have received the information described in subdivision (i) through a training described in subdivision (c) of Section 1522.41 of the Health and Safety Code. (B) (i) Outcome data shall include integrated data drawn from data maintained by the State Department of Social Services, the State Department of Health Care Services, and the State Department of Public Health. The categories included in the outcome data, as well as the specific indicators used within each category, shall be determined in consultation with the work group convened pursuant to subdivision (e) and shall include, but not be limited to, those categories listed in clause (ii). Outcome indicators used within each category may include, but are not limited to, measures found in the Core Set of Children’s Health Care Quality Measure for Medicaid and CHIP (Child Core Set), and the Healthcare Effectiveness Data and Information Set (HEDIS), or measures developed using Medi-Cal, Family PACT, and other administrative and claims data codes. (ii) Categories of outcome data shall include, but not be limited to, all of the following: (I) The total number and rate of youth who gave birth, the number of live births, and the number of live births weighing less than 2,500 grams, such as indicator National Quality Forum (NQF) 1382 from the Child Core Set. (II) Maternal health outcomes for youth, such as indicator NQF 0471 from the Child Core Set. (III) Prenatal care received by youth, including, but not limited to, date of initiation of prenatal care by trimester, frequency of service delivery, and type of provider of care, such as indicator NQF 1517 from the Child Core Set. (IV) Postnatal care received by youth, including, but not limited to, frequency, type of service delivery, and type of provider of care. (V) The total number and rate of youth who received contraceptive counseling, initiated contraception, and contraception method selected, such as indicators NQF 2902, 2903, and 2904 from the Child Core Set. (VI) Testing and treatment for sexually transmitted infection in youth, such as indicator NQF 0033 from the Child Core Set or Chlamydia Screening in Women Ages 16-20 (CHL-CH) from HEDIS. (VII) Frequency with which treatment of youth for sexually transmitted infection was followed by testing the same youth for reinfection within a one- to six-month time span. (VIII) Receipt of annual wellness exam, such as Adolescent Well-Care Visits (AWC) from HEDIS, and frequency with which a general health exam or annual exam was paired with contraceptive counseling, pregnancy testing, sexually transmitted infection testing, or contraceptive initiation. (iii) Outcome data shall be disaggregated and reported by age, race, ethnicity, sexual orientation, gender identity, county, and county placement type, if possible. (iv) Outcome data shall be reported in a way that does not identify individual youth and complies with all applicable state and federal confidentiality and privacy laws and regulations. (2) The department shall consult the working group convened pursuant to subdivision (e) in the selection of additional performance and outcome data categories and measures to include in the report and in the development of the report framework. Every three years, or earlier if needed, the department shall consult the State Department of Health Care Services and the State Department of Public Health and revise measures, if necessary. (3) The report shall be completed annually, commencing on January 1, 2023, and shall be posted on the department’s internet website in a manner that is publicly accessible. (4) For the purposes of this subdivision, “youth” means foster youth 10 years of age and older and nonminor dependents. (k) The department shall adopt regulations to implement this section. (Amended by Stats. 2021, Ch. 696, Sec. 25. (AB 172) Effective October 8, 2021.)
  51. 16521.6.

    ## 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

    Verify source ↗

    Counties and specified state actors must create interagency structures and timelines to support trauma-informed foster care services, including confidentiality rules for information sharing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521.6. To ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma, all of the following shall occur: (a) (1) Each county shall develop and implement a memorandum of understanding setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. Participants in the development and implementation of the memorandum of understanding shall include, but not be limited to, all of the following: (A) The county child welfare agency. (B) The county probation department. (C) The county behavioral health departments. (D) The county office of education. (E) The regional center or centers that serve children and youth with developmental disabilities in the county. (F) Foster care or other child welfare advocacy groups, as deemed appropriate by the organizations that will be parties to the memorandum, serving in an advisory capacity. (2) The memorandum of understanding shall include, at a minimum, provisions addressing all of the following: (A) Establishment and operation of an interagency leadership team. (B) Establishment and operation of an interagency placement committee, as defined in Section 4096. (C) Commitment to implementation of an integrated core practice model. (D) Processes for screening, assessment, and entry to care. (E) Processes for child and family teaming and universal service planning. (F) Alignment and coordination of transportation and other foster youth services. (G) Recruitment and management of resource families and delivery of therapeutic foster care services. (H) Information and data sharing agreements. (I) Staff recruitment, training, and coaching. (J) Financial resource management and cost sharing. (K) Dispute resolution. (L) Processes, as developed through tribal consultation with the federally recognized tribes within each county, for engaging and coordinating with these tribes in the ongoing implementation of the memorandums of understanding described in this section. (3) (A) No later than October 1, 2021, members of the interagency leadership team, or its designees, shall establish a process to provide, arrange for, or ensure the provision of, at least six months of family-based aftercare service to children and youth, as described in Section 4096.6, and acknowledgment that federal financial participation under the Medi-Cal program is only available if all state and federal requirements are met and the service is medically necessary. (B) Members of the interagency leadership team described in subparagraph (A) of paragraph (2), or its designees, may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (C), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve provision of those services or those placements. (C) Members of the interagency leadership team, or its designees, who receive disclosed or exchanged information or a writing pursuant to subparagraph (B) shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (B). Any information or writing disclosed or exchanged pursuant to subparagraph (B) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection. (D) Members of an interagency placement committee, as defined in Section 4096, child abuse multidisciplinary personnel team, as defined in Section 18961.7, or child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, that is convened for the purpose of implementing the provisions of the memorandum of understanding developed pursuant to this subdivision shall comply with applicable statutory confidentiality provisions for that committee or team. Members of teams convened for purposes of implementing the memorandum of understanding shall comply with applicable records retention policies for their respective agencies or programs. (4) To the extent possible, the implementation of the memorandum of understanding shall utilize existing processes and structures within and across the respective organizations that are parties to it. (b) (1) (A) No later than June 1, 2019, the Secretary of California Health and Human Services and the Superintendent of Public Instruction shall establish a joint interagency resolution team consisting of representatives from the State Department of Social Services, the State Department of Health Care Services, the State Department of Developmental Services, and the State Department of Education. (B) (i) The primary roles of the joint interagency resolution team shall be to develop guidance to counties, county offices of education, and regional centers with regard to developing the memoranda of understanding required by this section, to support the implementation of those memoranda of understanding, and to provide technical assistance to counties to identify and secure the appropriate level of services to meet the needs of children and youth in foster care who have experienced severe trauma. (ii) The agencies shall ensure that a process is developed for counties and partner agencies that are parties to the memorandum of understanding to request interdepartmental technical assistance from the joint interagency resolution team. (2) (A) No later than January 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers, and advocates for children and resource families, shall review the placement and service options available to county child welfare agencies and county probation departments for children and youth in foster care who have experienced severe trauma and shall develop and submit recommendations to the Legislature addressing any identified gaps in placement types or availability, needed services to resource families, or other identified issues. The joint interagency resolution team shall update its review and provide recommendations to the Legislature no later than December 31, 2022, that take into account the specific needs and characteristics of youth with unplanned discharges from short-term residential therapeutic programs and youth for whom counties were unable to, or have difficulty with, securing placements and providing trauma-informed services, which may include, but is not limited to, as applicable, youth impacted by commercial sexual exploitation, youth with acute behavioral needs, and youth with intellectual or developmental disabilities. The recommendations shall also articulate a statewide plan for any additional development needed for a trauma-informed, therapeutic continuum of care to support youth in-state in the least restrictive setting. (B) A report submitted to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (3) No later than June 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers, behavioral health professionals, schools of social work, and advocates for children and resource families, shall develop a multiyear plan for increasing the capacity and delivery of trauma-informed care to children and youth in foster care served by short-term residential therapeutic programs and other foster care and behavioral health providers. (4) (A) Members of the joint interagency resolution team described in this subdivision may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (B), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team or committee having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve provision of those services or those placements. (B) Members of the joint interagency resolution team who receive disclosed or exchanged information, or a writing, pursuant to subparagraph (A), shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (A). Any information or writing disclosed or exchanged pursuant to subparagraph (A) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection. (5) The joint interagency resolution team shall track and report deidentified information of children and nonminor dependents in foster care who have been assisted to preserve, or secure new, intensive therapeutic options. This information shall be posted on the internet website of the California Health and Human Services Agency beginning July 1, 2022, shall be updated annually, and shall include the number of children and nonminor dependents served through its technical assistance process, characteristics of individuals served, and, as applicable, local and statewide systemic issues identified by the team. (Amended by Stats. 2021, Ch. 86, Sec. 50. (AB 153) Effective July 16, 2021.)
  52. 16521.7.

    ## 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

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    The Department of Finance must create and carry out a methodology for calculating CCR costs and savings, and counties may stop beyond-funded CCR implementation if state funding owed is not provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521.7. (a) It is the intent of the Legislature in enacting this section to establish a methodology for reconciling the state’s and each county’s costs and savings resulting from implementation of the Continuum of Care Reform (CCR), as directed through legislation and administrative directives, in light of the requirements of Section 36 of Article XIII of the California Constitution, which pertains to state or federal legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for certain programs or levels of service. (b) The Department of Finance, in consultation with the State Department of Social Services, the County Welfare Directors Association of California, the Chief Probation Officers of California, and the California State Association of Counties, shall develop and implement a methodology for determining the state’s and each county’s overall actual costs and savings resulting from the CCR initiative. The methodology shall take into account the CCR-related assistance and administration costs and savings of the state and each county associated with the implementation of the CCR initiative, based on the best available data. (c) (1) The overall CCR-related assistance and administration costs and savings for each county shall be reconciled at least once for each fiscal year, beginning in the 2018–19 fiscal year, to determine the amount of state funding, if any, that is owed to each county or the amount of county savings, if any, that are available to offset state funding from the General Fund. The Department of Finance, in collaboration with the entities listed in subdivision (b), shall determine the process by which any state funding owed to counties is provided or any county savings offsets state funding. (2) If any state funding owed is not provided to the county, the county is not obligated to continue implementation of the CCR initiative beyond the level of state funding provided. (3) The overall CCR-related assistance and administration costs and savings of each county incurred since July 1, 2016, shall be included in the first reconciliation done pursuant to this section. (Added by Stats. 2018, Ch. 35, Sec. 37. (AB 1811) Effective June 27, 2018.)
  53. 16521.8.

    ## 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. )

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    Los Angeles County must run a child welfare public health nursing early intervention program with county consent, DPH administration, annual reporting, and Medicaid approval steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 3. Miscellaneous Provisions [16520 - 16521.8] ( Article 3 heading added by Stats. 2016, Ch. 612, Sec. 126. ) ## 16521.8. (a) (1) A child welfare public health nursing early intervention program shall be conducted in the County of Los Angeles, as provided in this section, and with the county’s consent. The purpose of the program is to improve outcomes for the expanded population of youth at risk of entering the foster care system by maximizing access to health care and health education, and connecting youth and families to safety net services. It is the intent of the Legislature for the program to maximize the use of county public health nurses in the field in order to provide families with children who are at risk of being placed in the child welfare system with preventative services to meet their medical, mental, and behavioral health needs. (2) The program shall be administered by the Los Angeles County Department of Public Health (DPH), in cooperation with the county’s Department of Children and Family Services (DCFS). (3) Funding appropriated for purposes of the program shall be used for, but not limited to, the following: (A) Hiring a sufficient number of new public health nurses, with the goal of achieving an average caseload ratio of 200:1. (B) Hiring additional public health nursing supervisors to provide necessary guidance and support. (C) Hiring senior and intermediate typist clerks to assist with data entry. (D) Establishing an accountability mechanism and a shared information and data exchange system. (b) A county public health nurse providing services under the program may do all of the following: (1) Respond to emergency response referrals with social workers. (2) Conduct emergency and routine home visits with social workers. (3) Educate social workers on behavioral, mental and physical health conditions. (4) Identify behavioral and health conditions that social workers are not trained to identify. (5) Provide followup with families of youth who remain in the home to monitor compliance with the medical, dental, and mental health care plans to promote wellbeing and minimize repeat referrals. (6) Conduct routine followups and monitoring of medically fragile and medically at-risk children and youth in the Family Maintenance and Reunification programs. (7) Provide parents and guardians with educational tools and resources to ensure the child’s physical, mental, and behavioral health needs are being met. (8) Interpret medical records and reports for social workers. (c) (1) The DPH, in cooperation with the DCFS, shall develop appropriate outcome measures to determine the effectiveness of the program, including established triaging tools and visitation protocols, in achieving the objectives described in paragraph (1) of subdivision (a). Commencing on January 1 during the fiscal year when funding has been provided to the DPH by the State Department of Social Services, and each January 1 thereafter, the DPH shall report to the Legislature on the effectiveness of the program using those outcome measures, including any recommendations for continuation or expansion of the program. (2) A report submitted under this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (d) (1) Before January 1, 2021, and to the extent enabled by existing resources or appropriated funds, the State Department of Health Care Services, in consultation with the County of Los Angeles, shall determine the steps required to seek any federal approvals necessary to claim federal financial participation for those allowable Medicaid activities of the program described in subdivision (a) and shall seek any federal approvals necessary to claim federal financial participation available for those identified Medicaid activities. (2) The County of Los Angeles shall submit to the State Department of Health Care Services any information deemed relevant to the determination described in paragraph (1) at the time and in the form and manner specified by that department. (3) With respect to any Medicaid activities identified pursuant to paragraph (1) for which federal approval is sought, those activities shall be implemented only to the extent that the State Department of Health Care Services obtains any necessary federal Medicaid approvals. (4) 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 subdivision, in whole or in part, by means of provider bulletins, plan letters, or other similar instructions, without taking any further regulatory action. (e) Contingent upon an appropriation in the annual Budget Act, the State Department of Social Services shall provide funds to the DPH for the purposes described in this section. (f) Notwithstanding any other law, including the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Contracting Manual, any state funds annually appropriated to the State Department of Social Services for the purposes described this section that are not used as the nonfederal share for Medicaid expenditures approved pursuant to subdivision (d) shall be passed through in a single lump-sum to the DPH. (Amended by Stats. 2021, Ch. 86, Sec. 51. (AB 153) Effective July 16, 2021.)
  54. 16522.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. )

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    The department must license certain transitional housing placement providers, and it must set certification standards by July 31, 2012. Some Transitional Housing Program-Plus providers are exempt from licensure if they are county-certified and have local fire clearance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. ) ## 16522. (a) The State Department of Social Services shall license transitional housing placement providers that provide supervised transitional housing services to foster children who are at least 16 years of age pursuant to Section 1559.110 of the Health and Safety Code. (b) Transitional Housing Program-Plus providers, as defined in subdivision (s) of Section 11400, shall not be subject to licensure pursuant to Section 1559.110 of the Health and Safety Code, if they are certified to provide transitional housing by the applicable county and have obtained a local fire clearance. (c) By July 31, 2012, the department shall establish certification standards and procedures for the Transitional Housing Placement program for nonminor dependents as described in subdivision (c) of Section 16522.1, in consultation with the County Welfare Directors Association, the California Youth Connection, county probation departments, provider representatives, and other stakeholders, as appropriate. (Amended by Stats. 2017, Ch. 731, Sec. 11. (SB 612) Effective January 1, 2018.)
  55. 16522.1.

    ## 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. )

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    To license a transitional housing placement provider and qualify for AFDC-FC payment, an applicant must get county certification for the kind of youth served, and programs must meet specified certification, staffing, and policy 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 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. ) ## 16522.1. (a) In order to be licensed as a transitional housing placement provider pursuant to Section 1559.110 of the Health and Safety Code and be eligible for payment of AFDC-FC benefits pursuant to Sections 11403.2 and 11403.3, an applicant shall obtain certification from the applicable county specifying whether the facility will serve foster youth at least 16 years of age and not more than 18 years of age, nonminor dependents, as defined in subdivision (v) of Section 11400, or both, as follows: (1) A program serving foster children at least 16 years of age and not more than 18 years of age shall obtain a certification entitled “Transitional Housing Placement program for minor foster children.” (2) A program serving nonminor dependents at least 18 years of age and not more than 21 years of age shall obtain a certification entitled a “Transitional Housing Placement program for nonminor dependents.” (b) The certification for the Transitional Housing Placement program for minor foster children shall confirm that the program provides for all of the following: (1) Admission criteria for participants in the program, including, but not limited to, consideration of the participant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Youth who are wards of the court described in Section 602 and youth receiving psychotropic medications shall be eligible for consideration to participate in the program, and shall not be automatically excluded due to these factors. (2) The department shall review the admission criteria to ensure that the criteria are sufficient to protect participants and that they do not discriminate on the basis of any characteristic listed or defined in Section 11135 of the Government Code. (3) Strict employment criteria that include a consideration of the employee’s age, drug or alcohol history, and experience in working with persons in this age group. (4) A training program designed to educate employees who work directly with participants about the characteristics of persons in this age group placed in long-term care settings, and designed to ensure that these employees are able to adequately supervise and counsel participants and to provide them with training in independent living skills. (5) A detailed plan for monitoring the placement of persons under the licensee’s care. (6) A contract between the participant and the licensee that specifically sets out the requirements for each party, and in which the licensee and the participant agree to the requirements of this article. (7) An allowance to be provided to each participant in the program. In the case of a participant living independently, this allowance shall be sufficient for the participant to purchase food and other necessities. (8) A system for payment for utilities, telephone, and rent. (9) Policies regarding all of the following: (A) Education requirements. (B) Work expectations. (C) Savings requirements. (D) Personal safety. (E) Visitors, including, but not limited to, visitation by the placement auditor pursuant to paragraph (5). (F) Emergencies. (G) Medical problems. (H) Disciplinary measures. (I) Childcare. (J) Pregnancy. (K) Curfew. (L) Housing unit cleanliness. (M) Use of utilities and telephone. (N) Budgeting. (O) Care of furnishings. (P) Decorating of housing units. (Q) Cars. (R) Lending or borrowing money. (S) Unauthorized purchases. (T) Dating. (U) Grounds for termination that may include, but shall not be limited to, illegal activities or harboring runaways. (V) The approval of any nonparticipant roommates. (10) Housing unit furnishings, and a policy on disposition of the furnishings when the participant completes the program. (11) Evaluation of the participant’s progress in the program and reporting to the independent living program and to the department regarding that progress. (12) A linkage to the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.) program administered in the local area to provide employment training to eligible participants. (13) Effective January 1, 2013, a program staffing ratio of case manager to participant not to exceed 1 to 12. (c) The certification for the Transitional Housing Placement program for nonminor dependents shall confirm that the program provides for all of the following: (1) That the program is needed by the county. (2) That the transitional housing placement provider is capable of effectively and efficiently operating the program. (3) That the transitional housing placement provider is willing and able to accept the AFDC-FC-eligible nonminor dependents for placement by the placing agency who need the level of care and services that will be provided by the program. (4) That the plan of operation is suitable to meet the needs of the identified population. (5) Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average caseload of 1 to 12, inclusive, with a designated lead case manager assigned to each youth. (6) That the provider has established a process, which includes the county if the county chooses to participate, to evaluate whether a participant may be placed with a nonparticipant. (d) (1) A county may continue to approve payment to a transitional housing placement provider for a period of up to 14 days in a calendar month in which the nonminor dependent is absent from the placement if the nonminor dependent provides notice to the transitional housing placement provider that they intend to return to that placement within 14 days or the transitional housing placement provider has reason to believe the nonminor dependent will be returning within 14 days. (2) If the county continues to pay the board and care costs for up to 14 days during the nonminor dependent’s absence, the transitional housing placement provider shall not provide a removal notice or fill a nonminor dependent’s place in the program. (3) The State Department of Social Services shall issue guidance encouraging counties to continue to approve payment during temporary absences from the program as a best practice, consistent with federal law, to prevent nonminor dependent housing instability. (e) For purposes of this section, “applicable county” means the county where the administrative office or subadministrative office of a transitional housing placement provider is located or a primary placing county. (f) (1) If a county contracts with a transitional housing placement provider, the contract shall not contain terms that create unreasonable barriers for a qualified foster youth’s admission into or participation in the program. The contract shall be developed to provide maximum flexibility to meet the needs of the minor dependents and nonminor dependents served by the programs in the specific county contracting with the provider. The contract shall be developed with the understanding that, unless modified by a court order, a nonminor dependent has the same legal decisionmaking authority as an adult. (2) The department is not required to review the contract described in paragraph (1). This subdivision does not require a county to enter into a contract with a transitional housing placement provider. (Amended by Stats. 2025, Ch. 187, Sec. 2. (AB 1314) Effective January 1, 2026.)
  56. 16522.2.

    ## 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. )

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    Eligible persons may receive transitional housing only if both the county independent living program and the relevant county social services or probation department give permission.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. ) ## 16522.2. (a) Eligible persons may receive transitional housing only with the permission of both the independent living program of the county in which the program is located and the county department of social services or the county probation department that has custody of the person. (b) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400. (Amended by Stats. 2012, Ch. 35, Sec. 139. (SB 1013) Effective June 27, 2012.)
  57. 16522.5.

    ## 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. )

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    Before certifying a transitional housing placement program, the department must approve the county independent living program’s plan, which must include assurances about screening candidates and helping supervise participants.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. ) ## 16522.5. Prior to county certification of any program to be provided by a transitional housing placement provider, the department shall approve a plan submitted by the county’s independent living program that includes assurances that the independent living program shall participate actively in the screening of candidates for this program and shall assist the licensed agency in the supervision of participants participating in the program. This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400. (Amended by Stats. 2017, Ch. 731, Sec. 13. (SB 612) Effective January 1, 2018.)
  58. 16522.6.

    ## 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. )

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    The department must provide information to the Legislature when asked, about services rendered under this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 4. Transitional Housing Placement Program [16522 - 16522.6] ( Article 4 added by Stats. 1993, Ch. 799, Sec. 5. ) ## 16522.6. The department shall make information available to the Legislature upon request regarding services rendered pursuant to this article. (Added by Stats. 1993, Ch. 799, Sec. 5. Effective January 1, 1994.)
  59. 16523.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. )

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    This section defines key terms used in the Bringing Families Home Program, including child welfare services, department, eligible family, homeless, homelessness, permanent housing, program, and supportive housing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. ) ## 16523. For purposes of this article, the following definitions shall apply: (a) “Child welfare services” means either of the following: (1) The same meaning as defined in Section 16501, including those services provided by a tribe, or tribal entity or agency. (2) Child welfare services provided by a tribe, or tribal entity or agency, in accordance with tribal law or custom, if the tribe, or tribal entity or agency, provides at least one of the services described in paragraph (1) or (2) of subdivision (a) of Section 16501. (b) “Department” means the State Department of Social Services. (c) “Eligible family” means any individual or family that, at a minimum, meets all of the following conditions: (1) Receives child welfare services at the time eligibility is determined. (2) Is homeless, is at risk of homelessness, or is in a living situation that cannot accommodate the child or multiple children in the home, which may include, but is not limited to, individuals who have not yet received an eviction notice. (3) Voluntarily agrees to participate in the program. (4) Either of the following: (A) Has been determined appropriate for reunification of a child to a biological parent or guardian by the county human services agency or tribe handling the case, the court with jurisdiction over the child, or both. (B) A child or children in the family is or are at risk of foster care placement, and the county human services agency or tribe determines that safe and stable housing for the family will prevent the need for the child’s or children’s removal from the parent or guardian. (d) “Homeless” means any of the following: (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence. (2) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground. (3) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, congregate shelters, or transitional housing. (4) An individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where the individual temporarily resided. (5) An individual or family who will imminently lose their housing, including, but not limited to, housing they own, rent, or live in without paying rent, are sharing with others, or rooms in hotels or motels not paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, if any of the following criteria are met: (A) The primary nighttime residence will be lost within 14 days, as evidenced by any of the following: (i) A court order resulting from an eviction action that notifies the individual or family that they must leave within 14 days. (ii) The individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days. (iii) Credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than 14 days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evidence for purposes of this clause. (B) The individual or family has no subsequent residence identified. (C) The individual or family lacks the resources or support networks needed to obtain other permanent housing. (6) Unaccompanied youth and homeless families with children and youth defined as homeless under any other federal statute, as of the effective date of this program, who meet all of the following: (A) Have experienced a long-term period without living independently in permanent housing. (B) Have experienced persistent instability as measured by frequent moves over that long-term period. (C) Can be expected to continue in that status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment. (7) An individual or family who meets all of the following: (A) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence. (B) Has no other residence. (C) Lacks the resources or support networks, including, but not limited to, family, friends, or faith-based or other social networks, to obtain other permanent housing. (e) “Homelessness” means the status of being homeless, as defined in subdivision (d). (f) “Permanent housing” means a place to live without a predetermined limit on the length of stay, subject to landlord-tenant laws pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (g) “Program” means the Bringing Families Home Program established pursuant to this article. (h) “Supportive housing” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 50675.14 of the Health and Safety Code, except that the program is not restricted to serving only projects with five or more units. (Amended by Stats. 2023, Ch. 43, Sec. 75. (AB 120) Effective July 10, 2023.)
  60. 16523.1.

    ## 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. )

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    The department must award program funds to counties and tribal governments for housing-related supports, but only when funds are appropriated and eligibility conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. ) ## 16523.1. (a) To the extent funds are appropriated in the annual Budget Act, the department shall award program funds to counties and tribal governments for the purpose of providing housing-related supports to eligible families experiencing homelessness if that homelessness prevents reunification between an eligible family and a child receiving child welfare services, or where lack of housing prevents a parent or guardian from addressing issues that could lead to foster care placement. (b) Notwithstanding subdivision (a), this section does not create an entitlement to housing-related assistance, which is intended to be provided at the discretion of the county or tribe as a service to eligible families. (c) (1) It is the intent of the Legislature that housing-related assistance provided pursuant to this article utilize evidence-based models, including evidence-based practices in rapid rehousing and supportive housing. (2) Housing-related supports available to participating families shall include, but not be limited to, the following: (A) An assessment of each family’s housing and service needs, including a plan to assist them in meeting those needs, using an assessment tool developed in the local community or an assessment tool used in other jurisdictions. (B) Housing navigation or search assistance to recruit landlords, and assist families in locating housing affordable to the family. (C) The use of evidence-based models, such as motivational interviewing and trauma-informed care, to build relationships with a parent or guardian. (D) Housing-related financial assistance, including rental assistance, security deposit assistance, utility payments, moving cost assistance, and interim housing assistance while housing navigators are actively seeking permanent housing options for the family. (E) (i) Housing stabilization services, including ongoing tenant engagement, case management, public systems assistance, legal services, credit repair assistance, life skills training, and conflict mediation with landlords and neighbors. (ii) Services provided pursuant to clause (i) shall be provided with input from the family, based on the needs of the family, and in coordination with other services being provided by child welfare services or tribes, family resource centers, family courts, and other services. (F) If the family requires supportive housing, long-term housing through tenant or project-based rental assistance or operating subsidies and services promoting housing stability, subject to available funding pursuant to subdivision (a). (d) The department shall award program funds to county child welfare agencies and tribes according to criteria developed by the department, in consultation with the County Welfare Directors Association of California, the Corporation for Supportive Housing, and Housing California, subject to all of the following requirements: (1) (A) Except as otherwise provided in subparagraph (B), a county or tribe that receives state funds under this program shall match that funding on a dollar-by-dollar basis. The county or tribal funds used for this purpose shall supplement, not supplant, county or tribal funding already intended for these purposes. (B) Beginning on July 1, 2021, a county or tribe that receives state funds under this article shall not be required to match any funding. (2) A county or tribe that receives state funds under this program shall partner with a local homeless continuum of care that participates in a homeless services coordinated entry and assessment system, as required by the United States Department of Housing and Urban Development. (3) A county or tribe that receives state funds under the program shall utilize a cross-agency liaison to coordinate activities under the program with the homeless continuum of care and the county child welfare or tribal agency, including housing-related and child welfare services for families. (e) The department, in consultation with Housing California, the Corporation for Supportive Housing, and the County Welfare Directors Association of California, shall develop all of the following: (1) The criteria by which counties and tribal governments may be awarded funds to provide housing-related assistance to eligible families pursuant to this article. (2) The proportion of program funding to be expended on reasonable and appropriate administrative activities to minimize overhead and maximize services. (3) Eligible sources of funds for a county’s or tribe’s matching contribution. (4) Tracking and reporting procedures for the program. (5) A process for evaluating program data. (Amended by Stats. 2025, Ch. 79, Sec. 28. (SB 119) Effective July 29, 2025.)
  61. 16523.2.

    ## 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. )

    Verify source ↗

    The department may use all-county letters or similar instructions to implement and administer the article’s changes until regulations are adopted, and it must adopt implementing regulations no later than July 1, 2024.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 6. Bringing Families Home Program [16523 - 16523.2] ( Article 6 added by Stats. 2016, Ch. 25, Sec. 28. ) ## 16523.2. (a) 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 the changes made to this article by the act that added this section by means of all-county letters or similar instructions from the department that shall have the same force and effect as regulations until regulations are adopted. (b) The department shall adopt regulations implementing this article no later than July 1, 2024. (Amended by Stats. 2023, Ch. 43, Sec. 77. (AB 120) Effective July 10, 2023.)
  62. 16523.5.

    ## 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

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    Named state and county child-welfare bodies must give quarterly in-person updates to the Legislature on CCR implementation, and the updates must include the items listed in Sections 16523.51 to 16523.56.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.5. (a) The State Department of Social Services, the State Department of Health Care Services, the California State Association of Counties representing the counties, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, and the Chief Probation Officers of California shall provide quarterly in-person updates to the Legislature on progress toward the implementation of Continuum of Care Reform (CCR). (b) Specific components of the updates described in subdivision (a) shall cease when notification by the applicable party of the completion of a specific activity occurs or when it is agreed by all parties that a component is no longer necessary for other reasons. (c) The updates described in subdivision (a) shall include the updates specified in Sections 16523.51 to 16523.56, inclusive. (d) For purposes of this article, the following definitions apply: (1) “CANS” means the Child and Adolescent Needs and Strengths assessment tool. (2) “Child and family team” or “CFT” has the same meaning as provided in Section 16501. (3) “Continuum of Care Reform” or “CCR” means the Continuum of Care Reform enacted by Chapter 773 of the Statutes of 2015, Chapter 612 of the Statutes of 2016, Chapter 732 of the Statutes of 2017, and Chapter 910 of the Statutes of 2018. (4) “Department” means the State Department of Social Services, unless otherwise specified. (5) “Foster family agency” or “FFA” has the same meaning as provided in Section 1502 of the Health and Safety Code. (6) “Group home” has the same meaning as provided in Section 1502 of the Health and Safety Code. (7) “Intensive services foster care” has the same meaning as provided in Section 18360. (8) “LOCP” means level of care protocol. (9) “Resource family approval” or “RFA” has the same meaning as provided in Section 16519.5. (10) “Short-term residential therapeutic program” or “STRTP” has the same meaning as provided in Section 1502 of the Health and Safety Code. (11) “Temporary shelter care facility” has the same meaning as provided in Section 1530.8 of the Health and Safety Code. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  63. 16523.51.

    ## 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

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    This section requires status updates on provider transitions to CCR program models and related licensing, placement, capacity, and care-data reporting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.51. Update on the Transition of Providers to the CCR Program Models. With a focus on changes over time, the updates described in Section 16523.5 shall include status updates on the transition of providers to the short-term residential therapeutic program (STRTP), resource family approval (RFA), therapeutic foster care, intensive services foster care, and temporary shelter care facilities program models. Data reporting under this section shall include all of the following: (a) The number of applications for STRTP and foster family agency (FFA) licensure, placement capacity of STRTPs, and updates on the outcomes of licensure requests. (b) (1) The average number of days from initial application for a provisional STRTP license to issuance of the license. (2) The number of provisional and permanent STRTP and FFA licenses issued, the number of permanent STRTP and FFA licenses under compliance review, and the number of provisional STRTP licenses that will expire prior to achieving full licensure. (c) The number of active licenses for STRTPs and FFAs, the placement capacities of each, and the percentage of each that have achieved accreditation. (d) (1) By county, the number of group homes for which extensions have been requested by probation or child welfare agencies, and the number approved by the department. (2) The primary reasons group home license extensions are necessary. (e) The number and geographic distribution of children remaining in group homes and the status of their transition plans. (f) The number of FFAs and group homes not pursuing a license under CCR standards, the placement capacity of those providers, and the number of children placed with those providers. (g) (1) The number and capacity, as data becomes available, of in-home, intensive service homes available as an alternative to congregate care placement, including, but not limited to, therapeutic foster care and intensive services foster care. (2) To the extent that information described in this subdivision is not available to be shared, the counties and entities listed in subdivision (a) of Section 16523.5 shall describe the limitations and explore and present options for remedying the lack of available information. As part of this process, meetings may be held with stakeholders, county representatives, legislative staff, and the Department of Finance to identify acceptable solutions, alternatives, or proxies. (h) The number and identification of counties with licensed temporary shelter care facilities. (i) The number of reports received by the department from county placing agencies regarding youth requiring an STRTP-level of care in which the county either is unable to secure a placement into an STRTP or has received notice of a requested placement change from the STRTP before treatment is complete, and data that include the ages, gender identity, and service needs of the youth, including final disposition of those cases. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  64. 16523.52.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

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    The required updates must include reporting on STRTP and FFA capacity to provide mental health services, plus several county-level counts and timing measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.52. Update on Capacity to Provide Mental Health Services. With a focus on changes over time, the updates described in Section 16523.5 shall include status updates on the capacity of STRTPs and FFAs to provide mental health services. Data reporting under this section shall include all of the following: (a) (1) By county, the number of STRTPs requesting mental health program approval and the outcomes of approval requests. (2) By county, the average number of days from application for mental health program approval to issuance of mental health program approval. (3) By county, the average number of days from application of Medi-Cal site visit to completion of site visit and certification. (b) (1) The number of STRTPs with a mental health program approval, Medi-Cal certification, and specialty mental health contracts to provide specialty mental health services, and the licensed capacity of those providers. (2) The number of FFAs with Medi-Cal certification and mental health contracts that allow for the provision of services beyond the types required by regulation. (c) The number of denied mental health program approvals for STRTPS, the number of denied Medi-Cal certification for STRTPs and FFAs, and the number of STRTPs and FFAs not awarded a mental health contract. (d) The number of FFAs approved to deliver therapeutic foster care, the capacity of the homes, the number of foster parents who have been trained and approved to provide therapeutic foster care, and the geographic service areas served. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  65. 16523.53.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

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    This section requires status updates on specified child outcome measures, based on available data, and requires counties and listed entities to explain information gaps and present ways to fix them when data cannot be shared.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.53. Tracking Child Outcomes over Time. (a) With a focus on changes over time, and to the extent data are available, the updates described in Section 16523.5 shall include status updates on all of the following child outcome measures: (1) The number and percent of children in out-of-home care, stratified by placement type, LOCP, and whether the supervising department is the county child welfare or probation agency. (2) The average number of placements per child, and the average length of stay per placement episode by placement type. (3) The proportion of placements that constitute a move to a less restrictive setting, and the proportion of placements that constitute a move to a permanent home. (4) The number and percent of children in residential placement without an identified home-based caregiver for transition, stratified by county. (5) Information on the evaluation of the LOCP tool and changes that may result from evaluation findings. (6) Ongoing information on state and county efforts to ensure consistent and valid statewide outcomes of the new LOCP tool for children across counties. (7) (A) By county, the number and percent of children entering intensive services foster care placements and therapeutic foster care specialty mental health services. (B) As they become available, data on which other services, including the broader array of behavioral health services, that children in these placements are determined to require, and the status of their service access and utilization rates. (8) As information becomes available, summarized results from the youth satisfaction survey. (9) (A) By county, the number and percentage of children in foster care receiving specialty mental health services on a quarterly or monthly basis, stratified by service type, county, placement type, and LOCP. (B) As data become available, services shall be further delineated by subcomponents, including assessment plan development, collateral contacts, rehabilitation, and therapy. (10) (A) By county, the number and percentage of children in foster care receiving mental health services on a quarterly or monthly basis under the Medi-Cal managed care and fee-for-service systems, stratified by service type, county, placement type, and LOCP. (B) As data become available, services shall be further delineated by subcomponents, including assessment plan development, collateral contacts, rehabilitation, and therapy. (11) For all children in foster care who screened positive for referral for mental health services assessment, the number of days from the date of placement and from the date of screening to the receipt of a specialty mental health service assessment and ongoing services pursuant to a medical necessity determination, stratified by county mental health plan and provider. (12) By county, the number and disposition of service complaints regarding specialty and nonspecialty mental health service delivery for foster youth. (13) The number and percentage of children with an open child welfare case and foster care placement who receive a required mental health screen and, when screened as positive, who receive a referral and mental health services. (14) By county, the number of youth who obtained legal permanency during each month or quarter. (b) To the extent that information described in this section is not available to be shared, the counties and entities listed in subdivision (a) of Section 16523.5 shall describe the limitations and explore and present options for remedying the lack of available information. As part of this process, meetings may be held with stakeholders, county representatives, legislative staff, and the Department of Finance to identify acceptable solutions, alternatives, or proxies. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  66. 16523.54.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

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    Updates under Section 16523.5 must include status updates on CCR-related costs and savings.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.54. Update on CCR-Related Costs and Savings. Once available, the updates described in Section 16523.5 shall include status updates on CCR-related costs and savings, including all of the following: (a) By county, ongoing county costs and savings related to CCR implementation. (b) Other services and supplemental payments for which counties use reinvested CCR-related savings, including funding to match Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) federal funding and funding for FFA services-only rates. (c) The extent to which the new STRTP and FFA rates are adequate to compensate providers for meeting the new service requirements of CCR. (d) The extent to which each of the LOCP rate levels provides adequate resources to resource families caring for children at all assessed levels of need. (e) A description of each county’s changes to specialized care increment (SCI) programs, if any, including any changes in benefit levels and suspensions or terminations of SCI programs. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  67. 16523.55.

    ## 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

    Verify source ↗

    County updates must include CANS utilization information, and counties/entities must explain missing information and try to identify remedies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.55. Child and Family Teams (CFT) and Child and Adolescent Needs and Strengths (CANS) Implementation. (a) The updates described in Section 16523.5 shall include a status update on the utilization of the CANS assessment. (1) By county, the number and percentage of children in foster care receiving CFT meetings and CANS assessments. (2) As data become available, data by county on the average frequency of meetings and assessments and the overall CANS scoring outcomes and trends over time. (3) As it becomes available, data by county of the number of CANS assessments and who conducted the assessments. (4) As it becomes available, data by county of the percentage of CANS assessments that are conducted at the required minimum of three months for behavioral health or the six-month minimum by the child welfare agency. (b) To the extent that information described in this section is not available to be shared, the counties and entities listed in subdivision (a) of Section 16523.5 shall describe the limitations and explore and present options for remedying the lack of available information. As part of this process, meetings may be held with stakeholders, county representatives, legislative staff, and the Department of Finance to identify acceptable solutions, alternatives, or proxies. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  68. 16523.56.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

    Verify source ↗

    This section requires status updates on resource family approval implementation and, when information cannot be shared, explanation of the limits and possible remedies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.56. Resource Families. (a) The updates described in Section 16523.5 shall include a status update on the implementation of the resource family approval process. (1) Data on the progress of RFA implementation, including the number of RFA applications and approvals and the average number of days for an application to be approved or disapproved over time, separated by relatives and nonrelatives. (2) The information described in paragraph (1) as applied to caregivers with a placement prior to approval, including the number of applications taking longer than 90 days and the number of applications taking longer than 180 days. (3) By county, the number of newly approved resource family homes, stratified by relative and community homes. (4) As data becomes available, data by county of the number of family homes no longer available for placement, stratified by families who have moved to legal permanency, including guardianship and adoption. (5) By county, the number of families who have received additional supports or services through the Foster Parent Recruitment, Retention, and Support Funding Opportunity. (b) To the extent that information described in this section is not available to be shared, the counties and entities listed in subdivision (a) of Section 16523.5 shall describe the limitations and explore and present options for remedying the lack of available information. As part of this process, meetings may be held with stakeholders, county representatives, legislative staff, and the Department of Finance to identify acceptable solutions, alternatives, or proxies. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  69. 16523.57.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

    Verify source ↗

    The required updates must include information and aggregate data, as available, about specified child welfare transition measures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.57. Supporting the Transitions of Child Welfare Youth from Group Homes and Reduced Use of Congregate Care. Pursuant to the extensions granted in subdivision (e) of Section 11462.04, the updates described in Section 16523.5 shall include information and aggregate data, as it becomes available, of the following, as it relates to children placed by child welfare: (a) By county, the family finding activities attempted or underway, or other activities to connect the child to caring adults outside of the congregate care setting. (b) Identification of the counties that have any existing or planned contracts, or efforts to directly provide or contract for intensive child specific recruitment services. (c) Identification of counties with any existing or planned specialty mental health services targeted to address the mental health service needs of a foster child transitioning from congregate care to permanency or other family-based care setting, and a summary of any gaps that remain. (d) The number of children that successfully achieved permanency following receipt of services described in subdivisions (a) to (c), inclusive. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  70. 16523.58.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

    Verify source ↗

    System update reports under Section 16523.5 must include a status update on automation changes needed for CCR implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.58. System Changes. Pursuant to existing reporting requirements on the replacement statewide child welfare information system, Child Welfare Services – California Automated Response and Engagement System (CWS-CARES), the updates described in Section 16523.5 shall include a status update on the automation changes to the existing statewide child welfare information system, Child Welfare Services/Case Management System (CWS/CMS) and licensing systems needed to support CCR implementation, including, but not limited to, support for Child and Adolescent Needs and Strengths (CANS), the RFA process, LOCP, and other programmatic elements. (Amended by Stats. 2022, Ch. 50, Sec. 76. (SB 187) Effective June 30, 2022.)
  71. 16523.59.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. )

    Verify source ↗

    When data are available, the Section 16523.5 updates must include status updates on recruiting and retaining new resource families.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 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. ) ## ARTICLE 7. Continuum of Care Reform Oversight [16523.5 - 16523.59] ( Article 7 added by Stats. 2019, Ch. 27, Sec. 105. ) ## 16523.59. Update on County Recruitment and Retention Efforts. As data are available, the updates described in Section 16523.5 shall include status updates on the recruitment and retention of new resource families, including, but not limited to, the number of new family-based providers separated by relatives and nonrelative caregivers, exits from care due to achieving legal permanency, and the supports and services available to family-based caregivers to support family stability. (Added by Stats. 2019, Ch. 27, Sec. 105. (SB 80) Effective June 27, 2019.)
  72. 16524.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.1. Child Welfare Services Program Improvement Fund [16524 - 16524.5] ( Chapter 5.1 added by Stats. 2004, Ch. 168, Sec. 1. )

    Verify source ↗

    The Child Welfare Services Program Improvement Fund is established in the State Treasury, and the department must use fund money as a match for federal participation to the extent 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 5.1. Child Welfare Services Program Improvement Fund [16524 - 16524.5] ( Chapter 5.1 added by Stats. 2004, Ch. 168, Sec. 1. ) ## 16524. (a) The Child Welfare Services Program Improvement Fund is hereby established in the State Treasury. The fund shall consist of donated grants, gifts, or bequests made to the state from private sources, and the moneys in the fund shall be expended, upon appropriation by the Legislature, to enhance the state’s ability to provide a comprehensive system of supports that promote positive outcomes for children and families. (b) To the extent possible, the department shall use moneys in the fund as a match to obtain federal participation in the cost of eligible activities. (c) Moneys made available through the Child Welfare Services Program Improvement Fund shall be used to augment federal, state, or county funds made available for the child welfare services program. (d) It is the intent of the Legislature that moneys in the Child Welfare Services Program Improvement Fund shall provide for activities including, but not limited to, the following: (1) Providing mandated training statewide for all child welfare services social workers. (2) Standardizing training so that all foster parents and relative caregivers in the state receive the same level and quality of training. (3) Expediting the implementation of evidence-based practices, as recommended in the Child Welfare Services (CWS) Redesign. (4) Supporting the state’s ability to achieve improved outcomes for children and families consistent with the terms of the State of California Program Improvement Plan (PIP) for the Child Welfare Services Program. (5) Supporting technical assistance efforts for counties. (Added by Stats. 2004, Ch. 168, Sec. 1. Effective January 1, 2005.)
  73. 16524.10.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    The State Department of Social Services must give the Legislature specified information about how this chapter is being implemented by April 1, 2017.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.10. The State Department of Social Services, no later than April 1, 2017, shall provide the following information to the Legislature regarding the implementation of this chapter: (a) The participating counties. (b) The number of victims served by each county. (c) The types of services provided. (d) Innovative strategies relating to collaboration with children, child service providers, and survivors of commercial sexual exploitation regarding prevention, training, and services. (e) The identification of further barriers and challenges to preventing and serving commercially sexually exploited children. (Added by Stats. 2014, Ch. 29, Sec. 79. (SB 855) Effective June 20, 2014. Operative January 1, 2015, pursuant to Section 16524.11.)
  74. 16524.11.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    This chapter becomes operative on January 1, 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.11. This chapter shall become operative on January 1, 2015. (Added by Stats. 2014, Ch. 29, Sec. 79. (SB 855) Effective June 20, 2014. Note: This section prescribes a delayed operative date (January 1, 2015) for Chapter 5.2, commencing with Section 16524.6.)
  75. 16524.5.

    ## 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 5.1. Child Welfare Services Program Improvement Fund [16524 - 16524.5] ( Chapter 5.1 added by Stats. 2004, Ch. 168, Sec. 1. )

    Verify source ↗

    The State Department of Social Services may use grants instead of contracts to fund certain activities, and may renew some grants over three years old if they are reviewed annually and meeting objectives.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.1. Child Welfare Services Program Improvement Fund [16524 - 16524.5] ( Chapter 5.1 added by Stats. 2004, Ch. 168, Sec. 1. ) ## 16524.5. (a) The State Department of Social Services may fund the various activities authorized pursuant to Section 16524 by means of grants rather than contracts. The grants shall not be subject to the review specified in Section 10295 of the Public Contract Code. (b) The department may renew grants for the various activities authorized pursuant to Section 16524 that exceed three years in duration if the grant is reviewed annually and the grantee is found to be satisfactorily meeting the grant objectives. (Added by Stats. 2010, Ch. 594, Sec. 1. (AB 2129) Effective January 1, 2011.)
  76. 16524.6.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    The Legislature states that counties should use multidisciplinary teams and interagency protocols to help identify, prevent, manage, plan services for, and serve sexually exploited 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.6. The Legislature finds and declares that in order to reduce the vulnerability of all children in California communities to incidents of commercial sexual exploitation, and adequately serve children who have been sexually exploited, it is necessary that counties develop and utilize a multidisciplinary team approach to early identification, prevention education, case management, service planning, and provision of services, and that counties develop and utilize interagency protocols to ensure services are provided as needed to this population. (Amended by Stats. 2017, Ch. 558, Sec. 5. (AB 1227) Effective January 1, 2018.)
  77. 16524.7.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    This section creates the Commercially Sexually Exploited Children Program, assigns it to the State Department of Social Services, and directs how participating county funds must be used.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.7. (a) (1) There is hereby established the Commercially Sexually Exploited Children Program. This program shall be administered by the State Department of Social Services. (2) The department, in consultation with the County Welfare Directors Association of California, shall develop an allocation methodology to distribute funding for the program. Funds allocated pursuant to this section shall be utilized to cover expenditures related to the costs of implementing the program, prevention and intervention services, and training related to children who are, or may become, victims of commercial sexual exploitation. (3) (A) Funds shall be provided to counties that elect to participate in the program for the provision of training to county children’s services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking, as applicable, and to foster caregivers for the prevention and identification of potential victims. (B) The department shall contract to provide training for county workers and foster caregivers. Training shall be selected and contracted for in consultation with the County Welfare Directors Association, county children’s services representatives, and other stakeholders. The department shall consult and collaborate with the California Community Colleges Chancellor’s Office to provide training for foster parents of licensed foster family homes. (4) Funds provided to the counties electing to participate in the program shall be used for prevention activities, which includes training county workers, intervention activities, and services to children who are victims, or at risk of becoming victims, of commercial sexual exploitation. These activities and services may include, but are not limited to, all of the following: (A) Educating foster children to help recognize and help avoid commercial sexual exploitation. Counties may target educational activities to foster children who are at higher risk of commercial sexual exploitation. (B) Engaging survivors of commercial sexual exploitation to do all of the following: (i) Provide support to county staff who serve children who are victims of commercial sexual exploitation. (ii) Participate in activities that may include education, training, and technical assistance. (iii) Serve as advocates for and perform outreach and support to children who are victims of commercial sexual exploitation. (C) Consulting and coordinating with homeless youth shelters and other service providers who work with children who are disproportionately at risk of, or involved in, commercial sexual exploitation, including, but not limited to, lesbian, gay, bisexual, and transgender youth organizations, regarding outreach and support to children who are victims of commercial sexual exploitation. (D) Hiring county staff trained and specialized to work with children who are victims of commercial sexual exploitation to support victims and their caregivers, and to provide case management to support interagency and cross-departmental response. (E) Providing supplemental foster care rates for placement of child victims of commercial sexual exploitation adjudged to be within the definition of Section 300, to foster homes, relatives, foster family agency certified homes, or other specialized placements for the increased care and supervision needs of the victim in accordance with Section 11460. (b) Funds allocated for the program shall not supplant funds for existing programs. (c) (1) In order to ensure timely access to services to which commercially sexually exploited children are entitled as dependents in foster care, in participating counties, county agency representatives from mental health, probation, public health, and substance abuse disorders shall participate in the case planning and assist in linking commercially sexually exploited children to services that serve children who are in the child welfare system and that are identified in the child’s case plan and may include other stakeholders as determined by the county. (2) The entities described in paragraph (1) shall provide input to the child welfare services agency regarding the services and supports needed for these children to support treatment needs and aid in their recovery and may assist in linking these children to services that are consistent with their county plans submitted to the department pursuant to subdivision (d). (d) (1) A county electing to receive funding from the Commercially Sexually Exploited Children Program pursuant to this chapter shall submit a plan describing how the county intends to utilize the funds allocated pursuant to paragraph (4) of subdivision (a). (2) (A) The county shall submit a plan to the department pursuant to a process developed by the department, in consultation with the County Welfare Directors Association. The plan shall include documentation indicating the county’s collaboration with county partner agencies, educational entities, and children-focused entities, which shall include the formation of a multidisciplinary team to serve children pursuant to this chapter. (B) A multidisciplinary team serving a child pursuant to this chapter shall include, but is not limited to, appropriate staff from the county child welfare, probation, mental health, substance abuse disorder, and public health departments. Staff from a local provider of services to this population, local education agencies, and local law enforcement, and survivors of commercial sexual exploitation and trafficking may be included on the team. (Amended by Stats. 2017, Ch. 558, Sec. 6. (AB 1227) Effective January 1, 2018.)
  78. 16524.8.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    Counties that choose to receive program funds must develop an interagency protocol for serving sexually exploited 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.8. (a) (1) Each county electing to receive funds from the Commercially Sexually Exploited Children Program pursuant to this chapter shall develop an interagency protocol to be utilized in serving sexually exploited children. The county protocol shall be developed by a team led by a representative of the county human services department and shall include representatives from each of the following agencies: (A) The county probation department. (B) The county mental health department. (C) The county public health department. (D) The juvenile court in the county. (E) The county office of education. (F) The county sheriff’s department. (2) The team may include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation, and other providers as necessary. (b) At a minimum, the interagency protocol shall address the provision of services to children who have been sexually exploited and are within the definition of Section 300, including, but not limited to, the use of a multidisciplinary team approach to provide coordinated case management, service planning, and services to these children. (c) Counties that developed a protocol prior to the inclusion of county offices of education and county sheriff’s departments as required partners pursuant to this section may, but are not required to, revise protocols to reflect input by these entities. (Amended by Stats. 2017, Ch. 558, Sec. 7. (AB 1227) Effective January 1, 2018.)
  79. 16524.9.

    ## 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. )

    Verify source ↗

    The State Department of Social Services must make the statewide child welfare information system able to collect data on commercially sexually exploited children and give county staff any needed data-entry 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 5.2. Commercially Sexually Exploited Children Program [16524.6 - 16524.11] ( Chapter 5.2 added by Stats. 2014, Ch. 29, Sec. 79. ) ## 16524.9. (a) The State Department of Social Services, in consultation with the County Welfare Directors Association, shall ensure that the statewide child welfare information system is capable of collecting data concerning children who are commercially sexually exploited, including children who are referred to the child abuse hotline and children currently served by county child welfare and probation departments who are subsequently identified as victims of commercial sexual exploitation. (b) The department shall disseminate any necessary instructions on data entry to the county child welfare and probation department staff. (c) The department shall implement this section no later than June 1, 2018. (Amended by Stats. 2022, Ch. 50, Sec. 77. (SB 187) Effective June 30, 2022.)
  80. 16525.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    Definitions in this article control how this chapter is interpreted, unless the 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525. The definitions in this article shall control the interpretation of this chapter, unless the context requires otherwise. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  81. 16525.1.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    This section defines “Department” as the State Department of Social 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525.1. “Department” means the State Department of Social Services. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  82. 16525.10.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Counties may create an “Options for Recovery” program, and funding rules change over time.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.10. (a) In order to promote the development of placements that will allow children to move into more homelike environments, counties may establish an “Options for Recovery” program. (b) Prior to the 2011–12 fiscal year, notwithstanding any other provision of law, the “Options for Recovery” 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, or other sources of funds which are unrestricted and are eligible for this use as provided by the funding source. 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 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. 2012, Ch. 35, Sec. 141. (SB 1013) Effective June 27, 2012.)
  83. 16525.11.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Each participating county must recruit foster families that are licensed as foster family homes and trained to care for children who are alcohol- or drug-exposed or who test HIV positive.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.11. Each participating county shall recruit foster families that shall be licensed as foster family homes and trained to care for children who are alcohol- or drug-exposed or who test HIV positive. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  84. 16525.13.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Participating counties must give special training to recruited foster parents caring for eligible children and certify that the training was provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.13. (a) A participating county shall provide special training to recruited foster parents to care for eligible children and shall certify that the training has been provided. (b) Participating counties may provide the same special training to relative caretakers of project-eligible children, if classroom space permits and the cost of providing the training does not exceed the county’s allocation for project training. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  85. 16525.14.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    If certain professionals or sources identify a child as possibly eligible, the county must decide whether the child is eligible for placement 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 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.14. When a child is identified by a physician, medical team, county social worker, or placement source as a child who may be eligible for services under this chapter, the county shall determine if the child is eligible for placement pursuant to this chapter. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  86. 16525.15.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    A participating county must select a specialized foster family home for the child within the county where the child’s eligibility is established, and an eligible child stays eligible for services if placement moves between participating counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.15. (a) A participating county shall select a specialized foster family home for the child within the county in which the child’s eligibility is established. (b) If an eligible child’s out-of-home placement changes from one participating county to another participating county, the child shall remain eligible for services. (Amended by Stats. 1997, Ch. 606, Sec. 52. Effective October 3, 1997.)
  87. 16525.17.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Participating counties must prepare a child welfare services case plan and provide nonmedical support services, including respite care, and they must monitor the foster home under applicable 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.17. (a) Participating counties shall prepare a child welfare services case plan pursuant to regulations adopted by the department and arrange nonmedical support services, including respite care for specially trained foster parents and relative caretakers. (b) Each participating county shall monitor the foster home in accordance with applicable regulations governing the foster care and child welfare services programs authorized by Article 5 (commencing with Section 11400) of Part 3 and Chapter 5 (commencing with Section 16500). (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  88. 16525.2.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    This section defines who counts as an “eligible child” for these 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525.2. “Eligible child” means any child who meets the requirements of subdivision (a) or (b), and subdivision (c). (a) Any child who has a medically diagnosed condition or symptoms resulting from, or suspected as resulting from, substance abuse by the mother. (b) Any child who is HIV positive. (c) Any child who meets the requirements of either subdivision (a) or (b) and who meets all of the following requirements: (1) The child is a dependent child of the court. (2) The child is aged newborn to 36 months. The maximum age prescribed by this paragraph shall be increased to 60 months if funds are available within the existing appropriation for counties maintaining a program for a minimum of three years, or, for other counties, if funds are available pursuant to the California Children and Families Program (Division 108 (commencing with Section 130100) of the Health and Safety Code) to provide services to children who are aged between 36 and 60 months. (3) The child is the child of a resident of a participating county pursuant to this chapter. (Amended by Stats. 2000, Ch. 799, Sec. 1. Effective January 1, 2001.)
  89. 16525.20.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Participating counties are encouraged to design and implement respite options for specially trained foster parents and relative caretakers. A person living in the home with the eligible child may not be paid for providing respite services for that child or any other child in the 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.20. (a) The Legislature encourages participating counties to design and implement a range of respite options for specially trained foster parents and relative caretakers, from foster parent to foster parent cooperatives to more formal arrangements for services from subcontractors. (b) No one who resides in the home with the eligible child shall receive payment for providing respite services for the eligible child or for any other child living in the home. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  90. 16525.25.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Counties participating under this section must keep existing foster home recruitment and training programs and coordinate funding and services for 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.25. The counties participating pursuant to this section shall do both of the following: (a) Maintain existing programs and standards for a specialized foster home recruitment and training project that will establish foster care placements to care for eligible children. (b) Coordinate sources of funding and services available to eligible children in order to maximize the social services provided to these children and avoid duplication of programs and funding. (Amended by Stats. 2012, Ch. 35, Sec. 142. (SB 1013) Effective June 27, 2012.)
  91. 16525.26.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    A participating county may contract for services under this chapter on a sole source basis.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.26. A participating county may contract for the provision of services under this chapter on a sole source basis. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  92. 16525.27.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    Each participating county must submit written progress reports 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.27. (a) Each participating county shall submit written progress reports as required by the department. (b) The progress report required by subdivision (a) shall include, but need not be limited to, all of the following data: (1) An estimate of the number of children adjudicated dependents of the juvenile court under Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 who are eligible children. (2) The number of eligible children who are in all of the following: (A) Foster family homes. (B) Group homes. (C) Homes of relative caretakers. (D) Certified foster family homes. (3) The number of eligible children who are in specialized foster care placements during and at the termination of the demonstration project. (4) The cost of providing training to foster parents in the care of eligible children. (5) The cost of providing specialized care for eligible children. (6) The cost of providing respite care services and the number of respite care hours each family received. (Amended by Stats. 1997, Ch. 606, Sec. 53. Effective October 3, 1997.)
  93. 16525.29.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    This section says children who are alcohol- or drug-exposed or HIV positive, and whose case plan goal is adoption, may still receive services 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 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.29. Nothing in this chapter shall be construed to prevent children who are alcohol- or drug-exposed or HIV positive who have adoption as a case plan goal from receiving services under this chapter. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  94. 16525.3.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    This section defines “HIV” as human immunodeficiency virus.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525.3. “HIV” means human immunodeficiency virus. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  95. 16525.30.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. )

    Verify source ↗

    A county may place certain children in foster family homes, and a trained foster parent may provide specialized in-home health care if the county makes that 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 2. Options for Recovery Program [16525.10 - 16525.30] ( Heading of Article 2 amended by Stats. 1997, Ch. 606, Sec. 50. ) ## 16525.30. (a) Notwithstanding any other provision of law, including, but not limited to, Sections 1250, 1251, 1254, 1270, 1501, 1502, 1505, 1507, 1521, 1530.6, and 11002, subdivision (c) of Section 1550, and subdivision (a) of Section 11154 of the Health and Safety Code, and Sections 2052, 2725, 2732, and 2795 of the Business and Professions Code, 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 drug-exposed or HIV positive in foster family 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 foster parent trained by health care professionals pursuant to the discharge plan of the facility releasing the child may provide specialized in-home health care to that foster child. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  96. 16525.4.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    “HIV positive” means a person has been medically diagnosed as infected with HIV.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525.4. “HIV positive” means a condition of being medically diagnosed as infected with HIV. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  97. 16525.5.

    ## 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 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. )

    Verify source ↗

    “Specialized in-home health care” is defined as certain services identified by the child’s primary physician and administered by a trained foster parent.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.3. Services for Children Who Are Exposed to Alcohol or Drugs or Who Are HIV Positive [16525 - 16525.30] ( Chapter 5.3 added by Stats. 1993, Ch. 296, Sec. 2. ) ## ARTICLE 1. General [16525 - 16525.5] ( Article 1 added by Stats. 1993, Ch. 296, Sec. 2. ) ## 16525.5. “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 foster parent, trained by health care professionals pursuant to the discharge plan of the facility releasing the child to his or her home. (Added by Stats. 1993, Ch. 296, Sec. 2. Effective August 2, 1993.)
  98. 16526.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. )

    Verify source ↗

    This section defines key terms for the Family Urgent Response System and says current or former foster children or youth are eligible for services until age 21.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. ) ## 16526. For purposes of this chapter, the following definitions apply: (a) “Caregiver” means a person responsible for meeting the daily care needs of a current or former foster child or youth, and who is entrusted to provide a loving and supportive environment for the child or youth to promote their healing from trauma. (b) “Current or former foster child or youth” includes a child or youth who is adjudicated under Section 300, 601, or 602 and is served by a county child welfare agency or probation department, a child or youth who has exited foster care for any reason, including, but not limited to, reunification, guardianship, adoption, or emancipation, a child or youth who is the subject of a voluntary placement agreement as defined in subdivision (p) of Section 11400, a child or youth who is placed in foster care and is the subject of a petition filed pursuant to Section 300, and a child or youth placed in California pursuant to the Interstate Compact on the Placement of Children. A current or former foster child or youth shall be eligible for services under this chapter until they attain 21 years of age. (c) “Department” means the State Department of Social Services. (d) “Family Urgent Response System” means a coordinated statewide, regional, and county-level system designed to provide collaborative and timely state-level phone-based response and county-level in-home, in-person mobile response during situations of instability, for purposes of preserving the relationship of the caregiver and the child or youth, providing developmentally appropriate relationship conflict management and resolution skills, stabilizing the living situation, mitigating the distress of the caregiver or child or youth, connecting the caregiver and child or youth to the existing array of local services, and promoting a healthy and healing environment for children, youth, and families. (e) “In-home” means the place where the child or youth and caregiver are located, preferably in the home, or at some other mutually agreeable location. (f) “Instability” means a situation of emotional tension or interpersonal conflict between a caregiver and a child or youth that may threaten their relationship and may lead to a disruption in the current living situation. (g) “Mobile response” means the provision of in-person, flexible, responsive, and supportive services where the caregiver and child or youth are located to provide them with support and prevent the need for a 911 call or law enforcement contact. (Amended by Stats. 2022, Ch. 833, Sec. 1. (SB 1090) Effective January 1, 2023. Conditionally inoperative pursuant to Section 16530.)
  99. 16527.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. )

    Verify source ↗

    The department must set up a 24/7 statewide hotline for the Family Urgent Response System and keep it staffed, connected, and supported by county referral 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 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. ) ## 16527. (a) The department shall establish a statewide hotline as the primary entry point for the Family Urgent Response System, which shall be available 24 hours a day, seven days a week, to respond to calls from a caregiver or current or former foster child or youth during moments of instability. Both of the following shall be available through this hotline: (1) Hotline workers who are trained in techniques for deescalation and conflict resolution telephone response specifically for children or youth impacted by trauma. (2) Referrals to a county-based mobile response system, established pursuant to Section 16529, for further support and in-person response. Referrals shall occur as follows: (A) A warm handoff whereby the hotline worker establishes direct and live connection through a three-way call that includes the caregiver, child or youth, and county contact. The caregiver, child, or youth may decline the three-way contact with the county contact if they feel their situation has been resolved at the time of the call. (B) If a direct communication cannot be established pursuant to subparagraph (A), a referral directly to the community- or county-based service and a followup call to ensure that a connection to the caregiver, child, or youth occurs. (C) The hotline worker shall contact the caregiver and the child or youth within 24 hours after the initial call required under subparagraph (A) or (B) to offer additional support, if needed. (b) The statewide hotline shall maintain contact information for all county-based mobile response systems, based on information provided by counties, for referrals to local services, including, but not limited to, county-based mobile response and stabilization teams. (c) The department shall ensure that deidentified, aggregated data are collected regarding individuals served through the statewide hotline and county-based mobile response systems and shall publish a report on the department’s internet website by January 1, 2022, and annually by January 1 thereafter, in consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, and the County Behavioral Health Directors Association of California. The data shall be collected using automated procedures or other matching methods mutually agreed upon by the state and county agencies, including, but not limited to, the statewide child welfare automation management system, and shall include all of the following information: (1) The number of caregivers served through the hotline, separated by placement type and status as a current or former foster caregiver. (2) The number of current and former foster children or youth served through the hotline, separated by county agency type, current or former foster care status, age, gender, race, and whether the call was made by the caregiver or the child or youth. (3) The disposition of each call, including, but not limited to, whether mobile response and stabilization services were provided or a referral was made to other services. (4) County-based outcome data, including, but not limited to, placement stability, return into foster care, movement from child welfare to juvenile justice, and timeliness to permanency. (5) The number of calls received by a county-based mobile response system, including calls received through the statewide hotline and portal. (d) The department may meet the requirements of this section through contract with an entity with demonstrated experience in working with populations of children or youth who have suffered trauma and with capacity to provide a 24-hour-a-day, seven-day-a-week response that includes mediation, relationship preservation for the caregiver and the child or youth, and a family-centered and developmentally appropriate approach with the caregiver and the child or youth. (e) The department, in consultation with stakeholders, including current and former foster youth and caregivers, shall do all of the following: (1) Develop methods and materials for informing all caregivers and current or former foster children or youth about the statewide hotline, including a dissemination plan for those materials, which shall include, at a minimum, making those materials publicly available through the department’s internet website. (2) Establish protocols for triage and response. (3) Establish minimum education and training requirements for hotline workers. (4) Consider expanding the statewide hotline to include communication through electronic means, including, but not limited to, text messaging or email. (f) (1) The statewide hotline shall be operational no sooner than January 1, 2021, and on the same date as the county mobile response system created pursuant to this chapter. (2) Notwithstanding paragraph (1), the statewide hotline may operate sooner than January 1, 2021, or prior to the date that each county has created a county mobile response system, upon notification from each county to the department that the county satisfies one of the following requirements: (A) Has established a county mobile response system created pursuant to this chapter. (B) Has an alternative method to accept and respond to referrals from the statewide hotline pending the establishment of the county mobile response system. (g) The department shall assist, as needed, the State Department of Health Care Services in exercising its authority pursuant to subdivision (b) of Section 16528. (Amended by Stats. 2025, Ch. 716, Sec. 1. (AB 898) Effective January 1, 2026. Conditionally inoperative pursuant to Section 16530.)
  100. 16528.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. )

    Verify source ↗

    The department must issue guidance for county-based mobile response systems, and the State Department of Health Care Services may seek Medicaid-related federal approval while consulting specified groups.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. ) ## 16528. (a) The department, in collaboration with the State Department of Health Care Services, and in consultation with the County Behavioral Health Directors Association of California, the County Welfare Directors Association of California, child welfare advocates, providers, current or former foster children or youth, and caregivers, shall issue all necessary guidance for county-based mobile response systems for purposes of this chapter, including, but not limited to, data tracking and claiming of federal funding. (b) The State Department of Health Care Services may submit a Medicaid state plan amendment, waiver request, or both, in order to maximize federal financial participation in implementing this chapter. The State Department of Health Care Services shall, in submitting a Medicaid state plan amendment or waiver request, consult with the department, the County Behavioral Health Directors Association of California, and the County Welfare Directors Association of California, and consider relevant information from other state systems with mobile response capacity. (c) To the extent that the Director of Health Care Services determines that federal approval is necessary in order to receive federal financial participation for any portion of the activities to be delivered pursuant to the Family Urgent Response System for which federal funding has been assumed, the implementation of the system shall not occur until the effective date specified in the federal approval obtained by the State Department of Health Care Services. This chapter shall be implemented only to the extent that any necessary federal approvals have been obtained pursuant to subdivision (b) and federal financial participation is available for those activities for which federal funding has been assumed, unless state funds are appropriated in the annual Budget Act to implement these activities. (Added by Stats. 2019, Ch. 27, Sec. 107. (SB 80) Effective June 27, 2019. Conditionally inoperative pursuant to Section 16530.)
  101. 16529.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. )

    Verify source ↗

    Counties must set up a joint mobile response system and team, submit a coordinated plan, and meet response-time and service 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 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. ) ## 16529. (a) County child welfare, probation, and behavioral health agencies, in each county or region of counties as specified in subdivision (f), shall establish a joint county-based mobile response system that includes a mobile response and stabilization team for the purpose of providing supportive services to address situations of instability, preserve the relationship of the caregiver and the child or youth, develop healthy conflict resolution and relationship skills, promote healing as a family, and stabilize the situation. (b) In each county or region of counties, the county child welfare, probation, and behavioral health agencies, in consultation with other relevant county agencies, tribal representatives, caregivers, and current or former foster children or youth, shall submit a single, coordinated plan to the department that describes how the county-based mobile response system shall meet the requirements described in subdivision (c). This plan shall be updated and submitted on a biennial basis. The plan shall also describe and include all of the following: (1) How the county, or region of counties, will track and monitor calls. (2) Data collection efforts, consistent with guidance provided by the department, including, at a minimum, collection of data necessary for the report required pursuant to subdivision (c) of Section 16527. (3) Transitions from mobile response and stabilization services to ongoing services. (4) A process for identifying if the child or youth has an existing child and family team for coordinating with the child and family team to address the instability, and a plan for ongoing care to support that relationship in a trusting and healing environment. (5) A process and criteria for determining response. (6) The composition of the responders, including efforts to include peer partners and those with lived experience in the response team, whenever possible. (7) Both existing and new services that will be used to support the mobile response and stabilization services. County behavioral health departments that operate mobile crisis units may share resources between mobile crisis units and the mobile response system required pursuant to this chapter, at their discretion. (8) Response protocols for the child or youth in family-based and congregate care settings based on guidelines developed by the department, in consultation with stakeholders, pursuant to Section 16528. The response protocols shall ensure protections for children and youth to prevent placements into congregate care settings, psychiatric institutions, and hospital settings. (9) A process for identifying whether the child or youth has an existing behavioral health treatment plan and a placement preservation strategy, as described in Section 16010.7, and for coordinating response and services consistent with the plan and strategy. (10) A plan for the mobile response and stabilization team to provide supportive services in the least intrusive and most child, youth, and family friendly manner, such that mobile response and stabilization teams do not trigger further trauma to the child or youth. (11) Date of plan submission. (12) Point-of-contact information for the plan, including name, telephone number, and email address. (c) A county-based mobile response system shall include all of the following: (1) Phone response at the county level that facilitates entry of the caregivers and current or former foster children or youth into mobile response services. (2) A process for determining when a mobile response and stabilization team will be sent, or when other services will be used, based on the urgent and critical needs of the caregiver, child, or youth. (3) A mobile response and stabilization team available 24 hours a day, seven days a week. (4) Ability to provide immediate, in-person, face-to-face response preferably within 1 hour, but not to exceed 3 hours in extenuating circumstances for urgent needs, or same-day response within 24 hours for nonurgent situations. (5) Utilization of individuals with specialized training in trauma of children or youth and the foster care system on the mobile response and stabilization team. Efforts should be made to include peer partners and those with lived experience in the response team, whenever possible. (6) Provision of in-home deescalation, stabilization, and support services and supports, including all of the following: (A) Establishing in-person, face-to-face contact with the child or youth and caregiver. (B) Identifying the underlying causes of, and precursors to, the situation that led to the instability. (C) Identifying the caregiver interventions attempted. (D) Observing the child and caregiver interaction. (E) Diffusing the immediate situation. (F) Coaching and working with the caregiver and the child or youth in order to preserve the family unit and maintain the current living situation or create a healthy transition plan, if necessary. (G) Establishing connections to other county- or community-based supports and services to ensure continuity of care, including, but not limited to, linkage to additional trauma-informed and culturally and linguistically responsive family supportive services and youth and family wellness resources. (H) Following up after the initial face-to-face response, for up to 72 hours, to determine if additional supports or services are needed. (I) Identifying any additional support or ongoing stabilization needs for the family and making a plan for, or referral to, appropriate youth and family supportive services within the county. (7) A process for communicating with the county of jurisdiction and the county behavioral health agency, as applicable, regarding the service needs of the child or youth and caregiver provided that the child or youth is currently under the jurisdiction of either the county child welfare or the probation system. (d) County-based mobile response systems may be temporarily adapted to address circumstances associated with COVID-19, consistent with the Governor’s Proclamation of a State of Emergency, issued on March 4, 2020. (e) (1) A county-based mobile response system that is not otherwise responding to calls placed through the statewide hotline may utilize mobile response team staff based on local needs, including, but not limited to, any of the following: (A) Engaging in in-person education and outreach. (B) Responding to local child, youth, or caregiver requests for support. (C) Providing ongoing support to a child, youth, or caregiver who has received mobile response services. (D) Responding to calls from children and families during a hotline investigation or who are receiving family preservation or voluntary or court-ordered family maintenance services. (2) If a county-based mobile response system that is not otherwise responding to calls placed through the statewide hotline chooses to utilize mobile response team staff pursuant to paragraph (1), the county-based mobile response system shall prioritize calls placed through the statewide hotline for urgent responses and shall continue to maintain sufficient staffing to ensure county-based mobile response teams maintain compliance with all requirements set forth in subdivision (c). (f) (1) Each county shall establish a mobile response system no sooner than January 1, 2021, and on the same date as the statewide hotline created under this chapter. (2) Notwithstanding paragraph (1), a county may establish a mobile response system, or an alternative method to accept and respond to referrals from the statewide hotline, pending the establishment of the county mobile response system, prior to January 1, 2021, in order to facilitate the early operation of the statewide hotline. (3) The county agencies described in subdivisions (a) and (b) may implement this section on a per-county basis or by collaborating with other counties to establish regional, cross-county mobile response systems. For counties implementing this section pursuant to a regional approach, a single plan, as described in subdivision (b), signed by all agency representatives, shall be submitted to the department and a lead county shall be identified. (4) Funds expended pursuant to this act shall be used to supplement, and not supplant, other existing funding for mobile response services described in this chapter. (5) A county or region of counties may receive an extension, not to exceed six months, to implement a mobile response system after January 1, 2021, upon submission of a written request, in a manner to be prescribed by the department, that includes a demonstration of actions to implement, progress towards implementation, and the county’s alternative method to accept and respond to referrals from the statewide hotline pending the establishment of the county mobile response system. (g) The creation and implementation of the Family Urgent Response System shall not infringe on entitlements or services provided pursuant to Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or as defined in the federal Early and Periodic Screening, Diagnosis and Treatment services (42 U.S.C. Sec. 1396d(r)). (h) The department, in collaboration with the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, and the Chief Probation Officers of California, on an annual basis beginning on January 1, 2022, shall assess utilization and workload associated with implementation of the statewide hotline and mobile response and provide an update to the Legislature during budget hearings. (Amended by Stats. 2025, Ch. 716, Sec. 2. (AB 898) Effective January 1, 2026. Conditionally inoperative pursuant to Section 16530.)
  102. 16530.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. )

    Verify source ↗

    This chapter becomes inoperative in any fiscal year if the annual Budget Act does not appropriate funding to comply with Sections 16527 and 16529.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.4. Family Urgent Response System for Caregivers and Children or Youth [16526 - 16530] ( Chapter 5.4 added by Stats. 2019, Ch. 27, Sec. 107. ) ## 16530. This chapter shall be inoperative in any fiscal year for which funding is not appropriated in the annual Budget Act for the purpose of complying with the requirements of Sections 16527 and 16529. (Amended by Stats. 2021, Ch. 86, Sec. 52. (AB 153) Effective July 16, 2021. Conditionally inoperative as prescribed by its own provisions.)
  103. 16540.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The California Child Welfare Council is created and must act as an advisory body, monitor child welfare and foster care responsiveness, and issue advisory reports at least 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 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16540. The California Child Welfare Council is hereby established, which shall serve as an advisory body responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. The council shall monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care. The council shall issue advisory reports whenever it deems appropriate, but in any event, no less frequently than annually, to the Governor, the Legislature, the Judicial Council, and the public. A report of the Child Welfare Council shall, at a minimum, include recommendations for all of the following: (a) Ensuring that all state child welfare, foster care, and judicial funding and services for children, youth, and families is, to the greatest extent possible, coordinated to eliminate fragmentation and duplication of services provided to children or families who would benefit from integrated multiagency services. (b) Increasing the quality, appropriateness, and effectiveness of program services and judicial processes delivered to children, youth, and families who would benefit from integrated multiagency services to achieve better outcomes for these children, youth, and families. (c) Promoting consistent program and judicial excellence across counties to the greatest extent possible while recognizing the demographic, geographic, and financial differences among the counties. (d) Increasing collaboration and coordination between county agencies, state agencies, federal agencies, and the courts. (e) Ensuring that all state Title IV-E plans, program improvement plans, and court improvement plans demonstrate effective collaboration between public agencies and the courts. (f) Assisting the Secretary of California Health and Human Services and the chief justice in formulating policies for the effective administration of the child welfare and foster care programs and judicial processes. (g) Modifying program practices and court processes, rate structures, and other system changes needed to promote and support relative caregivers, family foster parents, therapeutic placements, and other placements for children who cannot remain in the family home. (h) Developing data- and information-sharing agreements and protocols for the exchange of aggregate data across program and court systems that are providing services to children and families in the child welfare system. These data-sharing agreements shall allow child welfare agencies and the courts to access data concerning the health, mental health, special education, and educational status and progress of children served by county child welfare systems subject to state and federal confidentiality laws and regulations. They shall be developed in tandem with the establishment of judicial case management systems as well as additional or enhanced performance measures described in subdivision (b) of Section 16544. (i) Developing systematic methods for obtaining policy recommendations from foster youth about the effectiveness and quality of program services and judicial processes, and ensuring that the interests of foster youth are adequately addressed in all policy development. (j) Implementing legislative enactments in the child welfare and foster care programs and the courts, and reporting to the Legislature on the timeliness and consistency of the implementation. (k) Monitoring the adequacy of resources necessary for the implementation of existing programs and court processes, and the prioritization of program and judicial responsibilities. (l) Strengthening and increasing the independence and authority of the foster care ombudsperson. (m) Coordinating available services for former foster youth and improving outreach efforts to those youth and their families. (Amended by Stats. 2007, Ch. 130, Sec. 251. Effective January 1, 2008.)
  104. 16541.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    This section says the council must include specified members from California government, the courts, foster youth, and stakeholder groups.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16541. The council shall be comprised of the following members: (a) The Secretary of California Health and Human Services, who shall serve as cochair. (b) The Chief Justice of the California Supreme Court, or his or her designee, who shall serve as cochair. (c) The Superintendent of Public Instruction, or his or her designee. (d) The Chancellor of the California Community Colleges, or his or her designee. (e) The executive director of the State Board of Education. (f) The Director of Social Services. (g) The Director of Health Care Services. (h) The Director of State Hospitals. (i) The Director of Developmental Services. (j) The Director of the Youth Authority. (k) The Administrative Director of the Courts. (l) The State Foster Care Ombudsperson. (m) Four foster youth or former foster youth. (n) The chairpersons of the Assembly Human Services Committee and the Assembly Judiciary Committee, or two other Members of the Assembly as appointed by the Speaker of the Assembly. (o) The chairpersons of the Senate Human Services Committee and the Senate Judiciary Committee, or two other members appointed by the President pro Tempore of the Senate. (p) Leaders and representatives of county child welfare, foster care, health, education, probation, and mental health agencies and departments, child advocacy organizations; labor organizations, recognized professional associations that represent child welfare and foster care social workers, tribal representatives, and other groups and stakeholders that provide benefits, services, and advocacy to families and children in the child welfare and foster care systems, as recommended by representatives of these groups and as designated by the cochairs. (Amended by Stats. 2014, Ch. 442, Sec. 41. (SB 1465) Effective September 18, 2014.)
  105. 16541.5.

    ## 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 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The council must meet at least quarterly, can also meet when called by the cochairs, and its meetings must be open to the public. Members serve without pay, except foster youth members may be reimbursed for actual and necessary expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16541.5. The council shall meet no less frequently than each quarter of the state fiscal year and at the call of the cochairs, at a time and location convenient to the public as it may deem appropriate. All meetings of the council shall be open to the public. Members shall serve without compensation, with the exception of foster youth members, who shall be entitled to reimbursement for all actual and necessary expenses incurred in the performance of their duties. (Amended by Stats. 2007, Ch. 130, Sec. 252. Effective January 1, 2008.)
  106. 16542.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The cochairs may appoint advisory committees, and the committees may advise the council, gather information, and make recommendations. Committee members are unpaid by the state, except foster youth members may be reimbursed for actual and necessary expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16542. The cochairs may appoint committees composed of council members, experts in specialized fields, foster youth, program stakeholders, state and county child welfare and foster care staff, child advocacy organizations, members of the judiciary, foster care public health nurses, or any combination thereof, to advise the council on any functions of the council and the services provided through the child welfare and foster care programs and the courts. Members of these committees shall receive no compensation from the state for their services, with the exception of foster youth members, who shall be entitled to reimbursement for all actual and necessary expenses incurred in the performance of their duties. The committees may assemble information and make recommendations to the council, but shall not exercise any of the powers vested in the council. The council may seek input from groups and individuals as it deems appropriate, including, but not limited to, advisory committees, the judiciary and child welfare and foster care program stakeholders. (Amended by Stats. 2007, Ch. 130, Sec. 253. Effective January 1, 2008.)
  107. 16543.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The council must have access to aggregate child welfare and foster care data and information, but only as allowed by state and federal law and confidentiality 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 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16543. Consistent with state and federal law, the council shall have access to aggregate data and information concerning the child welfare and foster care systems held by any state or local department, agency, or court that serves children, youth, and families receiving child welfare and foster care services subject to state and federal confidentiality laws and regulations. (Added by Stats. 2006, Ch. 384, Sec. 3. Effective January 1, 2007.)
  108. 16543.5.

    ## 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 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The Legislature states its intent to review child welfare and foster care systems, hold hearings, and examine whether a reconfigured administrative structure would improve statewide leadership and coordination.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16543.5. It is the intent of the Legislature to inspect other state child welfare and foster care systems over the course of the 2007–08 Legislative Session, for the purpose of examining effective administrative structures of leadership. It is further the intent of the Legislature to conduct legislative hearings through the Assembly Select Committee on Foster Care, and other standing committees, and to review reports and recommendations of other commissions and bodies, including the California Blue Ribbon Commission on Foster Care and the Little Hoover Commission, to determine if a reconfigured administrative structure would provide statewide leadership and coordination between departments and agencies, which are essential to improving outcomes for current and former foster children and youth throughout the state. (Added by Stats. 2006, Ch. 384, Sec. 3. Effective January 1, 2007.)
  109. 16544.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The secretary must post certain child welfare review measures and standards on the department website, and must consult the Child Welfare Council plus allow public comments before changing specified goals or indicators.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16544. The secretary shall ensure that all of the federal Child and Family Services Review outcome measures and all of the California Child and Family Service Review System outcome indicators, along with any performance goals and federal outcome standards, are clearly posted on the State Department of Social Service’s Internet Web site. Before any of the federal goals or any of the California Child and Family Service Review System outcome indicators are added, deleted, or amended, the secretary shall consult with the Child Welfare Council and ensure that there has been a public process for the submission of comments and recommendations. (Added by Stats. 2006, Ch. 384, Sec. 3. Effective January 1, 2007.)
  110. 16544.5.

    ## 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 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The California Child Welfare Council must create a Mandated Reporting Advisory Committee, and that committee must include representatives from specified groups.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16544.5. The California Child Welfare Council shall establish a Mandated Reporting Advisory Committee (MRAC). The MRAC shall include, but not be limited to, representatives of county agencies, labor organizations, community-based organizations, and parents and youth directly impacted by the child welfare system. It is the intent of the Legislature that the MRAC ensure the transformation of mandated reporting to community supporting continues and disparities in the child welfare system are eliminated. (Added by Stats. 2025, Ch. 79, Sec. 29. (SB 119) Effective July 29, 2025.)
  111. 16545.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. )

    Verify source ↗

    The Judicial Council must adopt performance measures by April 1, 2008, using rules of court.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.5. Child Welfare Leadership and Performance Accountability [16540 - 16545] ( Chapter 5.5 added by Stats. 2006, Ch. 384, Sec. 3. ) ## 16545. By April 1, 2008, the Judicial Council shall adopt, through rules of court, performance measures designed to complement and promote those measures specified in Section 16544 so that courts are able to measure their performance and track their own progress in improving safety, permanency, timeliness, and well-being of children and to inform decisions about the allocation of court resources. In adopting performance measures, the Judicial Council shall consult with the council and the secretary. The performance measures shall be based on data that is available from current or planned data collection processes and to the greatest extent possible, shall ensure uniformity of data reporting. (Amended by Stats. 2007, Ch. 130, Sec. 254. Effective January 1, 2008.)
  112. 16546.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    The Legislature states that family finding, engagement, and support are important parts of effective child welfare services for children removed from home, especially for Indian children and for achieving reunification or permanency.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16546. The Legislature finds and declares all of the following: (a) Identifying and engaging family members are critical components of providing effective child welfare services to children who have been removed from their homes due to abuse or neglect. (b) For Indian children subject to an Indian child custody proceeding, as defined in subdivision (d) of Section 224.1 of the Welfare and Institutions Code, dedicated and specialized efforts for family finding, engagement, and support are critical to promote the stability and security of Indian tribes and families, to comply with the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable federal and state law, and to protect the best interests of the child. (c) Often, family members may become caregivers for children or may be able to provide other help and support to children and families on an ongoing basis. (d) Supporting dedicated and specialized efforts for family finding, engagement, and support has been shown to increase the success of identifying relative caregivers and engaging relatives and other supportive adults to support children and families during and after reunification, and can support permanency in cases where reunification cannot occur. These dedicated and specialized efforts have proven to increase placements with and connections to relatives up front when children first enter out-of-home care, and to increase legal and relational permanency for children who have been in out-of-home care for a longer time. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  113. 16546.5.

    ## 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 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    This section creates a state-administered program for family finding and engagement services, and sets participation, funding, and staffing rules for counties and tribes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16546.5. (a) Subject to an appropriation of state funds, there is hereby established the Excellence in Family Finding, Engagement, and Support Program. This program shall be administered by the State Department of Social Services. (b) In administering the program, the department shall do all of the following: (1) Develop, in consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, an allocation methodology for counties that elect to receive funds under this section. (2) On or before March 1, 2023, make funds available to participating counties according to the allocation methodology developed pursuant to paragraph (1). (c) (1) A county may elect to participate in the program by submitting a written notice to the department in accordance with instructions issued by the department. (2) A county that elects to participate in the program shall provide a match of local funds, which may include in-kind contributions of services or other resources from the county or community-based organizations, equal to one-half of all state funds provided to the county under the program. (d) (1) The department shall consult with Indian tribes to develop an allocation methodology and procedures for program participation for Indian tribes, consortia of tribes, or tribal organizations, as defined in Section 137.10 of Title 42 of the Code of Federal Regulations. (2) An Indian tribe, consortia of tribes, or tribal organization, as defined in Section 137.10 of Title 42 of the Code of Federal Regulations, that enters into an agreement with the department pursuant to Section 10553.1 of this code or Section 1919 of Title 25 of the United States Code shall, in accordance with the agreement, be eligible to receive allocations of funds under this section. (e) Funds allocated under this section and the local match described in paragraph (2) of subdivision (c) shall be used for specialized permanency work, including culturally responsive, family-centered, and trauma-informed family finding and engagement services. Services shall focus on establishing and maintaining permanent connections for foster children. Funded activities shall include any or all of the following: (1) Training of staff on family finding and engagement practices and models. (2) Staffing and tools to identify, locate, and engage persons related to the child by blood or marriage, identification and engagement of other family-like relationships, and in the case of an Indian child, to make active efforts to engage with the tribe to determine the child’s extended family members, as defined in Section 224.1. This may include use of internet and social media tools, genograms, database searches, and other technological tools to support family finding. (3) Outreach and engagement of the child and family team members and all other current and prior service providers, case managers, and other connections to the foster child, to identify and engage possible family and family-like connections. (4) Plan development and case management for the child, family, and family-like connections to identify and address any barriers to establishing or reestablishing positive, loving, and supportive relationships. Counties and participating tribes shall engage children continuously in plan development, case planning, and services of importance to the child. (5) Implementation of model programs, strategies, or promising practices identified by the department in consultation with tribes, the County Welfare Directors Association of California, the Chief Probation Officers of California, and child and youth advocacy organizations. The model programs, strategies, or promising practices include, but are not limited to, model programs, strategies, or promising practices that focus on up front family finding and engagement and that focus on family finding and engagement techniques to find permanent families and relationships for foster children who have been in out-of-home foster care for 24 months or longer, who are not living with a relative, for whom reunification is no longer in the case plan, and who have not been placed with a family who is in the process of adopting them or assuming guardianship over them. (f) A participating county may elect to contract with a nonprofit community-based organization to provide the services described in this section. (g) A participating county or contracted nonprofit community-based organization shall employ family-finding workers who have experience or training in family-finding strategies or practice, which may include lived experience. (h) (1) Family-finding workers shall be assigned to family-finding responsibilities full time but may be employed by either the participating county or a nonprofit community-based organization with which the participating county has contracted for this purpose. (2) Notwithstanding paragraph (1), a participating county or tribe without a family-finding worker assigned full time to family-finding responsibilities due to an insufficient caseload, as determined by the department, may submit a written request to the department for authorization to use funding to pay for the portion of a family-finding worker’s time dedicated to family-finding activities. The request shall be submitted in a manner to be prescribed by the department and shall include, at a minimum, the following information: (A) Caseload information to support the assertion of an insufficient caseload for the worker to be assigned full time to family-finding responsibilities. (B) The proportion of the family-finding worker’s time assigned to family-finding responsibilities. (i) A county shall provide information to the department on which of the activities specified in paragraphs (1) to (5), inclusive, of subdivision (e) the participating county has performed. (Amended by Stats. 2024, Ch. 46, Sec. 50. (AB 161) Effective July 2, 2024.)
  114. 16547.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    The department must set procedures for collecting and reporting program data and outcomes, and participating counties must follow the department’s written instructions when reporting 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 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16547. (a) (1) The department shall establish procedures for program data collection and reporting. (2) The department shall consult with Indian tribes that enter into agreements with the department pursuant to Section 10553.1 of this code or Section 1919 of Title 25 of the United States Code to develop procedures for program data collection and reporting for Indian tribes, consortia of tribes, or tribal organizations. (3) Participating counties shall collect and report program data in accordance with written instructions issued by the department, which shall be determined in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, child and youth advocacy organizations, and the representatives of county child welfare workers. These data shall include, but not be limited to, information regarding training completion, strategies and models utilized by participating counties, and services provided. This information shall include activities, as described in subdivision (e) of Section 16546.5, for which participating counties provide information to the department for allocations, as described in subdivision (i) of Section 16546.5. (b) (1) The department shall establish procedures for tracking and reporting program outcomes measures, in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, child and youth advocacy organizations, and the representatives of county child welfare workers. (2) The department shall consult with Indian tribes that enter into agreements with the department pursuant to Section 10553.1 of this code or Section 1919 of Title 25 of the United States Code to develop procedures for tracking and reporting program outcome measures for Indian tribes, consortia of tribes, or tribal organizations. (3) The department shall work with counties and tribes to identify the most efficient manner to track outcomes utilizing the statewide child welfare information system. Any additional program outcomes shall be reported in accordance with written instructions issued by the department. (4) Outcomes to be measured shall be developed in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, child and youth advocacy organizations, and the representatives of county child welfare workers, and shall include, but not be limited to, all of the following: (A) Changes in the percentage of children initially or subsequently placed with a relative or nonrelative extended family member. (B) Changes in the percentage of children placed in a family setting. (C) Changes in placement stability experienced by children in out-of-home care. (D) Changes in length of time to permanency for children in out-of-home care through reunification, guardianship, or adoption. (E) Changes in racial disproportionality of children who experience placements in congregate care. (F) Changes in racial disproportionality of children who experience placement disruption. (G) Changes in the percentage of children placed with relatives or nonrelative extended family members after having been in out-of-home foster care for 24 months or longer in a nonrelative placement and subsequently been subject to family finding and engagement. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  115. 16547.5.

    ## 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 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    Participating counties must keep records showing project funds did not replace existing program funding, and must provide those records to the department when asked.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16547.5. Funds allocated under this chapter may be used to supplement, but shall not supplant, funds for existing family finding and engagement programs. Participating counties shall maintain records demonstrating that project funds have not supplanted funding for existing programs. These records shall be made available to the department upon request. The department shall consult with Indian tribes that enter into agreements with the department pursuant to Section 10553.1 of this code or Section 1919 of Title 25 of the United States Code regarding the maintenance and availability of records for project funds for Indian tribes, consortia of tribes, or tribal organizations. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  116. 16548.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    The department must establish, or contract for, a Center for Excellence in Family Finding, Engagement, and Support if state funds are appropriated, and the center must provide training and technical assistance to specified child welfare, tribal, and foster care entities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16548. (a) Subject to an appropriation of state funds, the department shall establish, or contract for the establishment of, the Center for Excellence in Family Finding, Engagement, and Support. The Department shall consider input from stakeholders regarding the desired priorities of the center. (b) The center shall provide, or contract for the provision of, multitiered, culturally appropriate training and technical assistance to county child welfare and probation departments, participating tribes, and foster care providers to enhance their practices, policies, and efforts for family finding, support, and engagement. This may include, but is not limited to, any of the following: (1) Conducting evidence-based, organization-specific assessments of implementation activities. (2) Strengthening trauma-informed practices and programs related to finding, engaging, and supporting relatives, and in the case of an Indian child, extended family members, as defined in Section 224.1, and the children with whom they interact as caregivers or as providers of other support toward reunification, permanency, or other ongoing involvement in a child’s life. (3) Developing and training workforce regarding how to support family finding and engagement, including, in the case of an Indian child, ensuring due diligence to inquire pursuant to Section 224.2, and improving staff skills and practices regarding reunification, permanency, or other ongoing involvement of relatives or extended family members in a child’s life. (4) Providing guidance and research on evidence-based family finding and engagement models and practices. (5) Providing peer-to-peer learning opportunities for counties, participating tribes, and providers to share and leverage best practices for family finding and engagement program and practice development and sustainability. (6) Other relevant training and technical assistance for counties, participating tribes, and providers regarding reunification, permanency, or other ongoing involvement of family members in a child’s life, including, in the case of an Indian child, the child’s tribe and tribal community. (c) Once the center has been established and a training model has been developed, the center shall train family finding and engagement program staff from counties, participating tribes, and contracted nonprofit community-based organizations to ensure model fidelity and best practices. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  117. 16548.5.

    ## 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 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    The department may use all-county letters or similar written instructions to implement, interpret, or make specific this chapter without further regulatory action, and those instructions have the same force and effect as 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 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16548.5. 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 chapter, in whole or in part, by means of all-county letters or similar written instructions, without taking any further regulatory action. These all-county letters or similar written instructions shall have the same force and effect as regulations. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  118. 16549.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. )

    Verify source ↗

    Contracts made or amended under this chapter are exempt from specified Government Code, Public Contract Code, and manual requirements, 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 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5.6. Excellence in Family Finding, Engagement, and Support Program [16546 - 16549] ( Chapter 5.6 added by Stats. 2022, Ch. 573, Sec. 24. ) ## 16549. Contracts entered into or amended pursuant to this chapter are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 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. (Added by Stats. 2022, Ch. 573, Sec. 24. (AB 207) Effective September 27, 2022.)
  119. 16550.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    This section defines key terms used in the Children’s Crisis Continuum Pilot Program chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16550. For the purposes of this chapter: (a) “Department” means the State Department of Social Services. (b) “Foster youth” means a child or nonminor dependent who is a dependent or ward of the juvenile court or who is at imminent risk of entering foster care. (c) “Intensive services foster care home participating in this pilot” means a home that is an approved intensive services foster care resource family that provides enhanced care and supervision by a parent or parents who have completed specialized training and meet other requirements pursuant to standards developed by the department and who are supported by an integrated program designed as an alternative to placement into a short-term residential therapeutic program. (d) “Participating entity” means a county or a regional collaborative of counties that has received a grant pursuant to this chapter. (Added by Stats. 2021, Ch. 86, Sec. 53. (AB 153) Effective July 16, 2021.)
  120. 16551.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    The department must establish a Children’s Crisis Continuum Pilot Program and issue guidelines for how the pilots operate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16551. (a) The department, jointly with the State Department of Health Care Services, and with input from county child welfare departments, probation departments, tribes, impacted youth and families, youth advocates, service providers, community-based organizations, county behavioral health departments, foster youth, families, and other stakeholders, shall establish the Children’s Crisis Continuum Pilot Program, including guidelines for foster youth eligibility and the selection, operation, and evaluation of the pilots, for the purpose of developing treatment options that are needed to support California’s commitment to keep youth in families to the greatest possible degree based on the best interest of the youth, and to eliminate the placement of foster youth with complex needs in out-of-state facilities whenever possible. (b) The guidelines for the operation of the pilots shall, at a minimum, include the tracking of the elements required in Section 16555 and provision of each of the following within the structure of the pilot: (1) Family supports and services to keep youth in family settings from escalating to more restrictive settings whenever possible. (2) Limits on placements in the restrictive treatment settings operated within the pilot to the most critical and urgent situations where supports and services cannot be provided to keep a youth safe in a family setting. (3) Limits on length of stay in the restrictive treatment settings operated within the pilot consistent with state law requirements and to the time needed to stabilize the youth and transition the youth to a family setting. (4) In facility plans of operation, identification of the strategies, treatment, services, and supports that the facility will employ to protect youth served by the program and in each youth’s treatment and needs and services plans, identification of the specific strategies, treatment, services, and supports that will be used to protect that individual youth. (5) Require that when youth are placed in restrictive treatment settings within the pilot that youth and families are connected seamlessly to a continuum of care and services to promote healing and step down to family-based care. (6) Require all facilities, services providers, and agencies used by the pilot to meet all state law requirements for their licensure category, align their services and programs to the trauma-informed care required by federal and state laws, and comply with all state laws, guidelines, and policies established for the pilot. (c) In implementing the pilot program, the department, jointly with the State Department of Health Care Services, shall do all of the following: (1) Incentivize participation in the pilot program by counties or regional collaboratives of counties in order to develop or enhance comprehensive, integrated, high-end continuums of care, as defined jointly by the department and the State Department of Health Care Services, for foster youth. (2) (A) Provide technical assistance to applicants, including those that are not selected to participate, and the selected participating entities. Technical assistance shall include guidance on program implementation and leveraging multiple sources of public revenue to support long-term sustainability. (B) When providing technical assistance to small and rural counties, the department shall consider the unique needs of those counties and, in addition to any other technical assistance needed, shall assist the county to mitigate barriers to participation in the pilot program, including by designing an adjusted or modified continuum of care, as described in paragraph (2) of subdivision (b) of Section 16553. (3) Identify and seek to address any regulatory barriers to support the successful implementation of the pilot program. (4) Award grants pursuant to this chapter and oversee the successful implementation of the pilot program. (d) The State Department of Health Care Services shall determine if any federal approvals related to the Medi-Cal program are necessary to implement one or more components of any of the proposals selected for participation in the pilot program and, if necessary, seek approval no later than June 1, 2022. It is the intent of the Legislature to maximize federal funding received pursuant to Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (e) Any component of a proposal selected for participation in the pilot program that requires federal approval shall be implemented only to the extent that all necessary federal approvals are obtained and only if and to the extent that federal financial participation is available and is not otherwise jeopardized. (f) The pilot program shall be implemented for five years from the date the grant recipients are selected. This subdivision also applies to any pilot program funds allocated pursuant to this chapter prior to July 1, 2023. (Amended by Stats. 2023, Ch. 43, Sec. 78. (AB 120) Effective July 10, 2023.)
  121. 16552.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    The department and the State Department of Health Care Services must run the application process and selection criteria for the pilot program, and applicants must meet specified application and planning 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 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16552. (a) The department, jointly with the State Department of Health Care Services, shall develop and administer a request for proposals process, and shall develop selection criteria, to determine which applicants shall be selected to participate in the pilot program. At a minimum, the selection criteria shall include both of the following requirements: (1) A lead county applicant. To become a participating entity, each lead county applicant shall designate either the county child welfare department, the county behavioral health department, the county mental health plan, or the probation department to lead the application and implementation process. (2) Submission of a Children’s Crisis Continuum Pilot Program plan by the applicant that includes, at a minimum, a plan to contract with community-based providers or entities to meet all of the following requirements: (A) A demonstrated ability to partner and collaborate across county child welfare, behavioral health, probation, developmental services, and education departments in the design, delivery, and evaluation of the pilot program. (B) A clear articulation of the funding streams and how they will be used and demonstration of the ability to maximize all sources of local, state, and federal funding. (C) An oversight plan, pursuant to guidance developed by the department, that includes utilization review controls to ensure appropriate usage of the continuum of care that serves children at all times in the least restrictive setting, in a manner that is consistent with applicable federal and state law and the intent of the Legislature in enacting this chapter. (D) A commitment to gathering and providing necessary youth-specific information and data, and information that may pertain to the overall pilot site, consistent with the evaluation criteria set forth in Section 16555 and any other outcomes reporting that the department may require. (b) The department shall require proposals to participate in the pilot program to be submitted no later than December 1, 2022, and shall disburse grant funds no later than June 30, 2023. (c) The department shall select counties or regional collaboratives of counties to participate in the pilot program on a competitive basis to ensure that the process is fair. (Amended by Stats. 2023, Ch. 43, Sec. 79. (AB 120) Effective July 10, 2023.)
  122. 16553.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    This section sets rules for the Children’s Crisis Continuum Pilot Program, including required service settings, staffing, reporting, capacity limits, and aftercare 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 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16553. (a) (1) The Children’s Crisis Continuum Pilot Program shall be designed, in partnership with county child welfare departments, county probation departments, and county behavioral health plans, to contract with a county behavioral health plan or plans for the provision of medically necessary mental health services, including specialty mental health services, through the continuum of care described in subdivision (b). (2) All participating entities shall agree to provide any information requested by the department to assist in evaluating the pilot program and preparing the report described in Section 16555. (b) (1) A participating entity shall develop, in collaboration with a workgroup, a highly integrated continuum of care for the foster youth served in the pilot program. Except where otherwise indicated in this chapter, the continuum of care shall be designed within current statutes and regulations for crisis stabilization units, children’s crisis residential programs, psychiatric health facilities, intensive services foster care and other resource families, and short-term residential therapeutic programs to permit the seamless transition for the appropriate treatment of the foster youth, between treatment settings and programs. The continuum shall include, at a minimum, all of the following: (A) A crisis stabilization unit. (i) The crisis stabilization unit shall have the capacity to provide assessment and stabilization for up to 23 hours and 59 minutes for up to eight foster youth, be licensed as a 24-hour health care facility or hospital-based outpatient program or provider site, and comply with all regulations contained in Chapter 11 (commencing with Section 1810.100) of Division 1 of Title 9 of the California Code of Regulations that are applicable to the provision of crisis stabilization, and specifically including Section 1810.210. (ii) The crisis stabilization unit shall be colocated with, or within 30 miles of, a psychiatric health facility or other secure hospital alternative setting capable of meeting the needs of youth experiencing a mental health crisis in order to reduce delays in care when the host county mental health plan has found inpatient treatment to be medically necessary. (B) A crisis residential program. (i) The crisis residential program shall provide highly individualized stabilization services for foster youth who do not require inpatient treatment. The crisis residential program shall be operated in accordance with all statutes and regulations governing the placements of foster youth, including the California Community Care Facilities Act (Article 1 (commencing with Section 1500) of Chapter 3 of Division 2 of the Health and Safety Code). The crisis residential program shall be operated in accordance with all statutes and regulations governing its licensure category, including, for short-term residential therapeutic programs, the interagency placement committee process established pursuant to Section 4096. (ii) The crisis residential program may be a program that receives funding pursuant to paragraph (3) of subdivision (a) of Section 11460 to the extent federal Medicaid funding is not available and is not otherwise jeopardized. (iii) The crisis residential program shall not serve more than four foster youth at a time. (C) A psychiatric health facility, as defined in Section 1250.2 of the Health and Safety Code. (i) The psychiatric health facility shall be licensed by the State Department of Health Care Services and shall provide a secure, highly individualized, therapeutic, hospital-like setting for foster youth who require inpatient treatment and shall be operated in accordance with Chapter 9 (commencing with Section 77001) of Division 5 of Title 22 of the California Code of Regulations. (ii) The psychiatric health facility shall not have more than four beds. (iii) Before placement into a psychiatric health facility, the participating entity shall submit a report to the director or the director’s designee using a template established by the department, in collaboration with the State Department of Health Care Services and county entities. The report shall include a statement describing the circumstances that necessitate a psychiatric health facility placement, the results of assessments, prior services provided to the foster youth, the anticipated duration of the treatment in the setting, and identification of any barriers to serving the foster youth in a less restrictive setting. (iv) These intensive crisis programs shall be integrated with community-based supports and tiered placement settings, including Intensive Services Foster Care (ISFC) and Enhanced ISFC homes. (D) Intensive services foster care homes participating in this pilot that have integrated specialty mental health services. (i) To support foster youth in stepping down to less restrictive placements and maintain available capacity in more acute treatment settings, a participating entity shall maintain at least two times the number of intensive services foster care homes participating in this pilot as the number of beds available in the treatment settings described in subparagraphs (A) to (C), inclusive. (ii) Intensive services foster care homes participating in this pilot shall be enhanced to include in-home staff who are available to provide care, additional behavioral support, permanency services, specialty mental health services, and educational services 24 hours a day, 7 days a week, as needed. (iii) The residence of an intensive services foster care home participating in this pilot may be owned or operated by the foster parent or parents, a county, or by a private nonprofit organization. For purposes of this chapter, the limitations of Section 18360.35 do not apply. (E) Community-based supportive services. (i) Community-based supportive services shall be available 24 hours a day, 7 days a week. (ii) A participating entity shall utilize a community-based model that provides intensive transition planning and aftercare services using a team approach. Each county child welfare agency, probation department, and mental health plan, in consultation with the local interagency leadership team established pursuant to Section 16521.6, shall jointly provide, arrange for, or ensure the provision of, at least six months of aftercare services for foster youth in the placement and care responsibility of the county child welfare agency or county probation department who are discharged from a short-term residential therapeutic program to a family-based setting. The model shall include the development of an individualized family-based aftercare support plan that identifies necessary supports, services, and treatment. (iii) Community-based supportive services shall be available to provide front-end and back-end integrated transition services and supports to continue treatment gains made in more restrictive placements and minimize reliance on interventions that may be traumatic for foster youth, including ambulance transport, emergency department visits, and law enforcement involvement. (iv) Community-based supportive services shall include an intensive transition planning team consisting of, at a minimum, a mental health professional with a master’s degree who is either licensed or license-eligible, a support counselor with a bachelor’s degree, and a peer partner. An expedited transition planning services team may serve up to four foster youth at a time and shall have the ability to support foster youth in any out-of-home treatment setting in the continuum of care. The department may approve an alternate proposal for these transition planning services, including modified standards. (2) Notwithstanding paragraph (1), the department may consider a proposal that does not include a psychiatric health facility, or a psychiatric health facility and a crisis stabilization unit. (c) A participating entity shall provide a foster youth participating in the continuum of care, or ensure foster youth participating in the continuum of care are provided, with all of the following: (1) One-on-one services, when clinically indicated. (2) Single occupancy rooms, unless a double occupancy room is clinically indicated by the individual plan of care developed by a multidisciplinary treatment team. (3) A deinstitutionalized environment with warm and comforting decor, food, and clothing that maintains safety at all times. (d) The continuum of care created by a participating entity shall, across all service settings, reflect all of the following core program features and service approaches: (1) Highly individualized and trauma-informed services. (2) Culturally and linguistically responsive and competent treatment. (3) Alignment with the integrated core practice model and a commitment to encouraging the voices of foster youth and their families and a team approach to all decisionmaking. The child and family team shall be involved in all treatment planning and decisions and family engagement and involvement in treatment shall be central to all programs within the continuum of care. (4) Coordinated and streamlined assessment practices to ensure that level-of-care determinations are appropriate and that foster youth are able transition between more restrictive and less restrictive placements across the continuum of care, as needed. (e) A participating entity shall establish policies and procedures that demonstrate compliance at all times with the notification and due process requirements of the Lanterman-Petris-Short Act (Chapter 1 (commencing with Section 5000) of Part 1 of Division 5) and any other applicable laws pertaining to involuntary treatment. This subdivision does not limit the protections to foster youth related to voluntary or involuntary treatment settings. (f) The department, jointly with the State Department of Health Care Services, may establish operational procedures, performance and evaluation standards, and utilization criteria for participating entities pursuant to this section. These standards and criteria shall be developed in consultation with the State Department of Developmental Services, the State Department of Education, the Judicial Council of California, county placing agencies, behavioral health plans, and other interested stakeholders. (Added by Stats. 2021, Ch. 86, Sec. 53. (AB 153) Effective July 16, 2021.)
  123. 16554.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    The department and the State Department of Health Care Services must work with participating entities to consider long-term plans for supporting the program’s continuum of 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 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16554. (a) It is the intent of the Legislature to appropriate moneys to the department in the annual Budget Act or other statute for the purpose of administering a grant program to provide funding to participating entities for the duration of the Children’s Crisis Continuum Pilot Program. (b) The department, jointly with the State Department of Health Care Services, shall work with participating entities to consider long-term plans to support the successful operation of a continuum of care. (Added by Stats. 2021, Ch. 86, Sec. 53. (AB 153) Effective July 16, 2021.)
  124. 16555.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    The department and the State Department of Health Care Services must submit an interim report to two legislative committees by April 1, 2027.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16555. (a) No later than April 1, 2027, the department, jointly with the State Department of Health Care Services, shall submit an interim report to the Assembly Committee on Human Services and the Senate Committee on Human Services that includes, at a minimum, all of the following: (1) A description of the impact of the pilot program on desired outcomes, including any reduced reliance on hospitals, emergency departments, out-of-state facilities, and law enforcement in responding to the acute needs of foster youth who require more intensive short-term treatment, and reduced absences from placement by youth who received services within the pilot program. (2) An analysis that includes all of the following elements: (A) The reasons youth were served by the pilot program. (B) To the extent not covered in subparagraph (A), a discussion of the most common needs of youth placed into the pilot program that could not be met in family care and the services available in the pilot program to meet those needs. (C) The number of youth served in the pilot program, including the number of youth receiving services in each component or level of care in the pilot program, and the length of time youth were served for each service and level of care in the pilot program, including time spent in congregate care settings. (D) Types of services provided by the pilot program. (E) Outcomes for youth who received services within the pilot program related to youth safety, well-being, and permanency at 6 months and 12 months after participating in the pilot program, or upon exit from foster care. (F) Other impacts of the pilot program interventions and services on the youth. (G) The impact of the pilot program on the goals of building trauma-informed, in-home and community-based services. (3) A description of the reasons foster youth were served by the pilot, the specific needs of the foster youth that could not be met in a family setting, services available to the foster youth in the pilot program and the actual services received, the impact of the interventions, services, and treatment on foster youth safety, well-being, and permanency, and the lengths of stay of the foster youth in the pilot program. (4) Best practice recommendations related to the provision of services to foster youth with high acuity mental health needs, including, but not limited to, recommendations relating to program structure, cross-sector partnership and collaboration, and local financing. (b) (1) The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on April 1, 2031, and, as of January 1, 2032, is repealed. (Amended by Stats. 2023, Ch. 43, Sec. 80. (AB 120) Effective July 10, 2023. Inoperative April 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.)
  125. 16556.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. )

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    The department and the State Department of Health Care Services may issue guidance to implement, interpret, or make specific this chapter without taking further regulatory action.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6. Children’s Crisis Continuum Pilot Program [16550 - 16556] ( Chapter 6 added by Stats. 2021, Ch. 86, Sec. 53. ) ## 16556. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department and the State Department of Health Care Services may implement, interpret, or make specific this chapter, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instruction, without taking any further regulatory action. Any guidance issued pursuant to this section shall be issued on an ongoing basis during the pilot program implemented pursuant to this chapter. (Amended by Stats. 2023, Ch. 43, Sec. 81. (AB 120) Effective July 10, 2023.)
  126. 16560.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. )

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    This section requires placing agencies to complete and update IP-CANS assessments for children and nonminor dependents in foster care, and gives the department authority to issue guidance and written 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 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. ) ## 16560. (a) The Legislature finds and declares all of the following: (1) The Continuum of Care Reform (CCR) was enacted to improve California’s child welfare system and its outcomes through, in part, the selection and use of comprehensive initial child assessments. (2) In 2018, the department selected the Child and Adolescent Needs and Strengths (CANS) assessment tool as the evidence-based, functional assessment tool as part of the implementation of the CCR. Pursuant to Section 16523.55, the requirement under Section 16523.5 for quarterly updates to the Legislature by the department on the implementation of the CCR has included a requirement for status updates on the utilization of the CANS assessment tool. (3) The Legislature supports the use of a standardized CANS assessment tool completed to fidelity to guide case management and to identify trauma-informed services and supports tailored to meet the individual needs of children in foster care, with the goal of obtaining permanency and stability for every child and nonminor dependent. (4) The Legislature further supports a trauma-informed approach to using the CANS assessment tool to reduce the number and duplication of assessments of youth. (b) For purposes of this chapter, the following definitions shall apply: (1) “Child” means a person, including an Indian child as described in subdivision (a) of Section 224.1, who is under 18 years of age and placed into foster care by a placing agency. (2) “Integrated Practice-Child and Adolescent Needs and Strengths” or “IP-CANS” shall have the same meaning as the IP-CANS, described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 11461. (3) “Nonminor dependent” has the same meaning as a nonminor dependent in subdivision (v) of Section 11400. (4) “Placing agency” means a county child welfare agency, a county probation department, or an Indian tribe that has entered into an agreement pursuant to Section 10553.1. (c) (1) Beginning January 1, 2026, all placing agencies shall ensure completion of IP-CANS assessments for every child and nonminor dependent placed in foster care under the care and supervision of the placing agency, in accordance with the standards and guidelines developed by the department pursuant to subdivision (d). The IP-CANS assessment shall be informed by members of the child and family team, including the child or nonminor dependent, the family of the child or nonminor dependent, and the child’s tribe in the case of an Indian child. (2) The placing agency shall ensure completion of an IP-CANS assessment and entry into the statewide child welfare information system for each child or nonminor dependent within 60 days of their entry or reentry into foster care, as defined by the department, or within 30 days in the case of an Indian child. (3) The placing agency shall ensure completion of a new or updated IP-CANS assessment for each child or nonminor dependent at least once every six months after the IP-CANS assessment is completed pursuant to paragraph (2), and more frequently to address the needs or changing circumstances of the child or nonminor dependent as directed by the department. (4) The IP-CANS assessments shall determine the child’s or nonminor dependent’s tier for purposes of the Tiered Rate Structure established in subdivision (h) of Section 11461. (d) (1) The department shall engage with a working group regarding guidelines and standards on the use of the IP-CANS that shall include, but not be limited to, all of the following: (A) Outcome measures, tools, training, coaching, and other supports necessary to ensure the IP-CANS assessments are completed to fidelity. (B) The timing and use of the IP-CANS assessments in determining a child’s or nonminor dependent’s tier in the Tiered Rate Structure. (C) The conditions that trigger the completion of an updated or new IP-CANS assessment. (D) The impact of changes in the child’s or nonminor dependent’s tier as determined by subsequent IP-CANS assessments, including the timing of changes in the components of the Tiered Rate Structure based on changes in the child’s or nonminor dependent’s tier and exceptions which will apply in order to support placement in a family home. (2) Not later than January 1, 2025, the department shall issue guidance and instructions for this subdivision to placing agencies regarding implementation by July 1, 2025, of the guidelines and standards developed pursuant to this subdivision. (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 may implement, interpret, or make specific this chapter 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 until the adoption of regulations no later than January 1, 2030. (Amended by Stats. 2025, Ch. 79, Sec. 30. (SB 119) Effective July 29, 2025.)
  127. 16562.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. )

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    This section establishes the Immediate Needs Program for certain foster children and nonminor dependents, sets tier-based funding, and assigns duties to placing agencies, the department, and health care 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 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. ) ## 16562. The Legislature finds and declares the following: (a) (1) A coordinated, timely, and trauma-informed system of care is essential to meet the needs of children and nonminor dependents in foster care who have experienced trauma. (2) The use of standardized, validated functional assessment tools reveal that some children and nonminor dependents have immediate needs that may become increasingly complex if intervention is delayed or if the need is left unattended. (3) Investing in the provision of services to children and nonminor dependents in foster care by identifying and addressing immediate needs ensures that even those children and nonminor dependents with the highest level of need can be supported in every setting and, whenever possible, in the home of a relative, nonrelative extended family member or, in the case of an Indian child, an extended family member, as described in Section 224.1. (4) Child development research establishes that a trauma-informed system of care prioritizes and supports the role of the child’s or nonminor dependent’s family and community of origin in meeting the needs of the child and nonminor dependent. Research also shows that children and nonminor dependents placed with relatives, or extended family members as defined in Section 224.1 in the case of an Indian child, experience better permanency outcomes, higher rates of reunification, lower rates of reentry into foster care, and greater stability while they are in care. (5) Immediate needs should be addressed in a way that is culturally responsive, family centered, and permanency focused, and, for an Indian child, supports engagement with the child’s tribe in ensuring the array of integrated services and supports are informed by the prevailing social and cultural conditions and way of life of the Indian child’s tribe. (6) Meeting the immediate needs of children and nonminor dependents in foster care using a coordinated, timely, and trauma-informed system of care requires partnerships between caregivers, community-based service providers, and county and tribal placing agencies responsible for providing care and supervision to children and nonminor dependents and supports and services to children, nonminor dependents, and their families. (7) It is therefore the intent of the Legislature in enacting this chapter to identify and address the immediate needs of children and nonminor dependents in foster care, as identified through a standardized validated functional assessment tool informed by the child and family team. (b) The Immediate Needs Program is hereby established. Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, the Immediate Needs Program shall be available to every child and nonminor dependent in foster care who, upon completion of the IP-CANS, is determined to be in Tier 2, Tier 3, or Tier 3+ as part of the Tiered Rate Structure established in subdivision (h) of Section 11461. The Immediate Needs Program shall not apply to nonminor dependents placed in a setting described in subdivision (w) of Section 11400. (c) For purposes of this chapter, the following definitions shall apply: (1) “Immediate Needs Program” means a program that provides an array of integrated services and supports, consistent with guidance established by the department, based on the immediate needs of eligible children who fall into Tier 2, Tier 3, or Tier 3+ of the Tiered Rate Structure established in subdivision (h) of Section 11461 as determined by the IP-CANS assessment tool. For an Indian child, the program shall support engagement with the child’s tribe by ensuring that the array of integrated services and supports provided shall be informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe and shall be provided consistent with active efforts as described in subdivision (f) of Section 224.1. (2) “Immediate needs” means the circumstances identified by the child’s or nonminor dependent’s IP-CANS assessment that interfere with the child’s or nonminor dependent’s age and developmentally-appropriate behavioral or emotional functioning or otherwise currently impact the child or nonminor dependent that can be treated or addressed through the provision of services and supports. (3) “Immediate Needs Funding” means the amount of funding available as a component of the Tiered Rate Structure established in subparagraph (C) of paragraph (2) of subdivision (h) of Section 11461, and set forth in subparagraph (A) of paragraph (1) of subdivision (d), based on the child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment. The Immediate Needs Funding shall not be used to supplant existing state or county funds utilized for the provision of Medi-Cal services, except as provided in in subdivision (h), subject to clause (iii) of subparagraph (C) of paragraph (1) of that subdivision. (4) “Immediate Needs Program Plan” means the plan that includes all the requirements of subparagraph (B) of paragraph (2) of subdivision (d) and is submitted to the department for approval. (5) “Immediate needs provider” means a placing agency, or a provider with whom the placing agency or the department selects to provide immediate needs services and supports. Immediate needs providers shall be certified by the department to provide services and supports consistent with the standards of care framework adopted pursuant to subdivision (e). For an Indian child, the immediate needs provider 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.). (d) The purpose of the Immediate Needs Program is to provide an array of integrated services and supports tailored to meet the immediate needs of a child or nonminor dependent as identified by their IP-CANS as efficiently and effectively as reasonably possible. Under the Immediate Needs Program: (1) (A) Immediate Needs Funding shall be available per child per month for each eligible child or nonminor dependent described in subdivision (b) based on the child’s or nonminor dependent’s tier, as determined by the results of the child’s or nonminor dependent’s IP-CANS assessment, according to the following tiered rate schedule: Tier 1: $0 Tier 2: $1000 Tier 3: $1500 [Ages 0-5] Tier 3+: $4100 [Ages 6+] (B) To administer the Immediate Needs Program, each placing agency shall be provided funding consisting of the total amount of Immediate Needs Funding for all eligible children and nonminor dependents in Tiers 2, 3, and 3+, as set forth in subparagraph (A), who are under the placing agency’s care and supervision. The methodology shall be developed by the department, in consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. (C) Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, for new entries into foster care, and for all other children and nonminor dependents in foster care placements on July 1, 2027, including children and nonminor dependents placed in a setting described in subdivision (d) of Section 11402, the Immediate Needs Funding shall be available for each eligible child or nonminor dependent described in subdivision (b), consistent with the child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment, pursuant to a schedule to be determined by the department. (2) Placing agencies shall do all of the following: (A) Provide for the immediate needs of children and nonminor dependents in Tier 2, Tier 3, and Tier 3+ as determined by the IP-CANS using the Immediate Needs Funding set forth in subparagraph (A) of paragraph (1). A description of the immediate needs and how the funding will be used to meet the immediate needs shall be included in the child’s or nonminor dependent’s case plan. (B) Ensure the caregiver of a home-based setting, including, but not limited to, a tribally approved home, has relevant, specialized training necessary for the purpose of preparing the family to meet the needs of an individual child or nonminor dependent in Tier 2, Tier 3, or Tier 3+ who is or will be placed in the home. Immediate Needs Funding may be used for this purpose but shall not supplant existing funding for training caregivers. (C) When appropriate based on the IP-CANS assessment, the Immediate Needs Funding may be used for the child or nonminor dependent in a manner that supports reunification efforts. The Immediate Needs Funding shall not supplant existing funding used by placing agencies to provide reunification services. (D) Ensure the caregiver has the capability, willingness, and ability to meet the specific immediate needs of the child or nonminor dependent placed in the home, including by assessing the risk and compatibility of placing the child or nonminor dependent with any other children or nonminor dependents in the home and the ability of the caregiver to provide care and support for all the children or nonminor dependents in the home consistent with guidance to be issued by the department. (E) In consultation with the local interagency leadership team established pursuant to Section 16521.6, which shall include the engagement and coordination of federally recognized tribes, the placing agency and the mental health plan shall submit to the department an Immediate Needs Program plan for approval that includes all of the following: (i) How the placing agency will use the Immediate Needs Funding in a manner that provides, arranges for, or ensures the provision of, an array of immediate needs services and supports for individual children and nonminor dependents who are determined to be in Tier 2, Tier 3, or Tier 3+ of the Tiered Rate Structure, and, for an Indian child, how the services and supports will be conducted in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and provided consistent with active efforts, as described in subdivision (f) of Section 224.1. (ii) How the placing agency will ensure the services provided pursuant to the Immediate Needs Program plan or, alternatively, any immediate needs providers with whom the placing agency selects, will meet the standards of care framework established by the department in the guidelines provided under paragraph (2) of subdivision (e). (iii) How the placing agency will ensure an adequate supply of certified immediate needs providers for children and nonminor dependents in the Immediate Needs Program, including an adequate supply of certified immediate needs provider for Indian children in the program who have specialized knowledge of, training in, or experience with, tribes and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (iv) An agreement by the placing agency to provide data requested by the department related to children and nonminor dependents in foster care in Tier 2, Tier 3, and Tier 3+, as determined by the IP-CANS assessments. (F) Become a certified immediate needs provider if the placing agency opts to directly provide for the immediate needs of children and nonminor dependents placed into foster care by using the Immediate Needs Funding. (G) Use only immediate needs providers certified by the department, using agreements that are consistent with model contracts developed by the department. (H) For a short-term therapeutic residential program or community treatment facility certified by the department as an immediate needs provider, select the short-term residential therapeutic residential program or the community treatment facility where a child or nonminor dependent in the Immediate Needs Program is placed, unless the placing agency determines it is in the best interest of the child or nonminor dependent to receive services and supports from another certified immediate needs provider. (I) For a foster family agency certified by the department as an immediate needs provider, select the foster family agency with which a child or nonminor dependent in the Immediate Needs Program is placed, unless the placing agency determines it is in the best interest of the child or nonminor dependent to receive services and supports from another certified immediate needs provider. (J) Facilitate the child and family team to obtain input on the development of an Immediate Needs Plan and incorporate the Immediate Needs Plan as part of the child’s or nonminor dependent’s case plan, as applicable, and the state’s child welfare information system. (K) Submit data and outcome measures regarding the Immediate Needs Program to the department in periodic reports, on a schedule determined by the department. (e) The department shall be responsible for all of the following: (1) Oversight of the placing agencies in administering the Immediate Needs Program, including the placing agency’s use of the placing agency funding for the program, the Immediate Needs Funding, and the progress and success of the program in meeting the immediate needs of children in foster care. (2) Development of a standards of care framework for the Immediate Needs Program developed in consultation with persons and entities described in subdivision (f), that immediate needs providers shall be subject to regarding the services and supports to be provided to meet a child’s or nonminor dependent’s immediate needs as identified in the IP-CANS assessment for each child or nonminor dependent who falls into Tiers 2, Tier 3, or Tier 3+. (3) Development of a process by which an immediate needs provider shall be certified by the department to provide services consistent with the standards of care framework developed pursuant to paragraph (2). The certification for immediate needs providers for Indian children shall include requirements, developed through consultation with tribes, for 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.). (4) Provision of technical assistance to support placing agencies in developing and maintaining an adequate array of certified immediate needs providers. (5) Development of model contracts that align with the standards of care framework and with which all placing agency agreements with immediate needs providers shall be consistent. (6) Development of written guidance and technical support for placing agencies to support both of the following: (A) Regional agreements with immediate needs providers to ensure an adequate supply of providers who are certified and able to meet the standards of care framework. (B) Agreements between placing agencies to administer the Immediate Needs Program, or for building a consortium of placing agencies to jointly administer the Immediate Needs Program. (7) Development of informational materials for placing agencies to provide to children, nonminor dependents, families, and caregivers, about the Immediate Needs Program. Information shall be provided in plain language, in alternative formats and alternative modes of communication and provide language access as required by state and federal law. (8) Workforce development, training, and curriculum requirements on the Immediate Needs Program, including the standards of care framework and model contracting. (9) Development of guidelines and training on funding resources and claiming by placing agencies and immediate needs providers, including, but not limited to, controls and documentation to determine when federal financial participation may be available if all state and federal requirements are met. (10) Development of policies and procedures for statewide collection of data and outcome measures, including requirements for the placing agencies and immediate needs providers to submit needed data and reports. (11) Development of guidelines describing the conditions, and the process and procedure, under which the department will need to enter into contracts regarding the Immediate Needs Program. (12) Development, in collaboration with the State Department of Health Care Services and other entities specified in subdivision (f), of guidance on the implementation of the Immediate Needs Program, including, but not limited to, guidance on implementation of high-fidelity wraparound services. This guidance shall also address reducing administrative and programmatic burdens and duplication and promote consistent procedures statewide. (f) The department, in consultation with the State Department of Health Care Services, County Behavioral Health Directors Association of California, County Welfare Directors Association of California, Chief Probation Officers of California, tribes, child welfare advocates, providers, current or former foster children, nonminor dependents, parents, caregivers, and other interested parties, shall establish statewide minimum standards for the Immediate Needs Program and for immediate needs providers of services and supports, and shall issue guidance necessary to implement this section. The process for development of the standards of care framework relating to Indian children shall include consultation with federally recognized tribes. (g) The department shall consult with an Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 for the purpose of the implementation of this section by the Indian tribe, consortium of tribes, or tribal organization. (h) (1) (A) The State Department of Health Care Services shall implement a case rate or other type of reimbursement for high-fidelity wraparound services, which is a Medi-Cal specialty mental health service for members under 21 years of age, and seek any necessary federal Medicaid approvals. This paragraph shall be implemented only if, and to the extent that, federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.) is available and all necessary federal approvals have been obtained. (B) All children and nonminor dependents in foster care who meet the criteria to participate in the Immediate Needs Program specified in subdivision (b) and are under 21 years of age are eligible to receive high-fidelity wraparound services, consistent with state and federal Medicaid policies, as a component of the Immediate Needs Program. Placing agencies and mental health plans shall coordinate referrals for high-fidelity wraparound services and mental health plans shall provide or arrange for the provision of these services consistent with the terms of their Medi-Cal contracts. (C) (i) Upon the Immediate Needs Program taking effect pursuant to subdivision (b), a portion of the Immediate Needs Funding shall be used as the non-federal share of Medi-Cal covered high-fidelity wraparound services provided to children and nonminor dependents in foster care who meet the criteria to participate in the Immediate Needs Program specified in subdivision (b), consistent with guidance provided by the departments. (ii) Counties may use additional or other allowable sources of funds towards the nonfederal share of Medi-Cal covered high-fidelity wraparound services if Immediate Needs Funds are insufficient. (iii) State and county sources of funds that were not expended because Immediate Needs Funds were used for the nonfederal share of Medi-Cal covered high-fidelity wraparound services should be used for services to children and nonminor dependents in foster care who meet the criteria to participate in the Immediate Needs Program. (D) This paragraph does not relieve mental health plans of the obligation to provide all medically necessary specialty mental health services. (2) Federal financial participation under the Medi-Cal program shall only be available for services and supports provided under the Immediate Needs Program if all state and federal requirements are met and the service is medically necessary. (A) The State Department of Health Care Services may issue guidance on the conditions under which federal financial participation is available for Medi-Cal services that intersect with the implementation of this section. (B) Medi-Cal services shall only be claimed to the extent medical assistance federal financial participation is available and is not otherwise jeopardized. (3) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific this section concerning the provision of Medi-Cal services by means of plan or all-county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (i) (1) The department has authority to receive the Immediate Needs Funding on behalf of the placing agency and use the funding to award contracts for the purpose of implementing and maintaining the Immediate Needs Program under either of the following circumstances: (A) Pursuant to a voluntary agreement reached between the department and a placing agency. (B) If the department, pursuant to the conditions, policies, and procedures established under paragraph (11) of subdivision (e), determines a placing agency has failed to adequately administer the Immediate Needs Program or meet the immediate needs of children or nonminor dependents for whom it is responsible based on the standard of care framework established in paragraph (2) of subdivision (e). (2) Notwithstanding any other law, contracts awarded by the department for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (3) Notwithstanding any other law, contracts awarded by the department for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual and shall not be subject to the review or approval of the Department of General Services or the Department of Technology. (j) Placing agencies shall have authority to enter into voluntary agreements with other placing agencies to administer their Immediate Needs Program, and to form a consortium of placing agencies to jointly administer the Immediate Needs Program, provided there is compliance with the written guidance and technical support provided by the department pursuant to paragraphs (6) and (7) of subdivision (e). (Amended by Stats. 2025, Ch. 79, Sec. 31. (SB 119) Effective July 29, 2025.)
  128. 16563.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. )

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    Sets foster care placement limits in a resource family home when a Tier 2, Tier 3, or Tier 3+ child is already living there, and allows limited exceptions for additional placements in compelling 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 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. ) ## 16563. (a) If there is a child eligible for Tier 2 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, living in a resource family home, no more than a total of three children in foster care may be placed in that resource family home, including the child receiving the Tier 2 rate. (b) If there is a child eligible for Tier 3 or Tier 3+ of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, living in a resource family home, no more than a total of two children in foster care may be placed in that resource family home, including the child eligible for Tier 3 or Tier 3+ . (c) A county placing agency may approve placements for additional children in foster care that would result in the placement of more than three children in foster care in a home where a child eligible for Tier 2 is placed or more than two eligible children in a home where a child eligible for Tier 3 or Tier 3+ is placed in compelling circumstances, including in order to accommodate a preexisting relationship, to place a sibling group together, or to accommodate the extraordinary needs of a specific child that the resource family has a unique ability to meet. A shortage of approved resource family homes shall not be a compelling circumstance absent other factors. (d) Approval for additional children in foster care to be placed in the home shall be determined to be in the best interest of all children in the home and shall come from the director of the county child welfare department or the chief probation officer of the county probation department, or their respective designees, of all of the county placing agencies with children placed or proposed to be placed in the home. (Added by Stats. 2024, Ch. 46, Sec. 51. (AB 161) Effective July 2, 2024.)
  129. 16565.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. )

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    This section creates the Strengths Building Child and Family Determination Program for eligible foster youth and nonminor dependents, sets tiered monthly funding amounts, and assigns duties to the department, placing agency, child and family team, and spending plan manager.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. ) ## 16565. (a) The Legislature finds and declares the following: (1) Social determinants of health, adverse childhood experiences (ACEs), positive childhood experiences, and other supports are critical determinants of life outcomes for children. Research shows that ACEs can have lasting, negative, and permanent impacts on childhood development. Many factors, including experiencing abuse or neglect, placement instability and disconnection from family and natural supports, leave children and nonminor dependents in foster care particularly vulnerable to the impact of ACEs. (2) Research also shows that positive childhood experiences, tailored to a child’s or nonminor dependent’s strengths, can lessen the impact of ACEs. Through positive childhood experiences, children can develop, build, and nurture strengths and personal autonomy, which may support the successful transition to permanency and successful adulthood. (3) Focusing on strengths building activities, by providing explicit funding for these activities, will help to prevent children and nonminor dependents in foster care from developing more complex needs and will serve to stabilize children, and, as applicable, nonminor dependents in their families, which, whenever possible and consistent with federal and state laws for placement preferences, should include placement in the home of a relative, nonrelative extended family member or, in the case of an Indian child, an extended family member as defined in Section 224.1. (4) Strengths building activities should be culturally responsive, family centered, and permanency focused, and, in the case of an Indian child, consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe. (5) It is therefore the intent of the Legislature in enacting this section to create a program to empower the children and nonminor dependents in foster care and their families, with support from the child and family team, to select and make decisions about the goods, services, activities, and supports needed to achieve the strengths building objectives. (b) The Strengths Building Child and Family Determination Program is hereby established. Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, the Strengths Building Child and Family Determination Program shall be available to every child and nonminor dependent in foster care whose tier has been determined as part of the Tiered Rate Structure established in subdivision (h) of Section 11461, based on the completion of the IP-CANS assessment. In lieu of applying the Strengths Building Child and Family Determination Program to nonminor dependents placed in a setting described in subdivision (w) of Section 11400, an amount equivalent to Tier 1 of the Strengths Building Funding shall be included in their rate, as described in clause (ii) of subparagraph (B) of paragraph (6) of subdivision (h) of Section 11461. (c) For purposes of this chapter, the following definitions shall apply: (1) “Child and family determination” means the process established by the department to empower the child or nonminor dependent, in an age and developmentally appropriate manner and the child and family or nonminor dependent to make decisions, informed by the IP-CANS assessment tool about the mix of goods, services, activities, and supports needed to meet the child’s or nonminor dependent’s strengths building objectives. In the case of an Indian child, the process shall be informed by the prevailing social and cultural conditions and way of life of the Indian child’s tribe. (2) “Child and family team” has the same meaning as described in paragraph (4) of subdivision (a) of Section 16501, including, for an Indian child, a representative of the Indian child’s tribe or Indian custodian, as applicable. (3) “Family” includes the child’s parents, guardian, Indian custodian, and relatives, unless a juvenile court has made an order terminating parental rights pursuant to Section 366.26. “Family” also includes resource families or tribally approved homes, and, in the case of an Indian child, a representative of the Indian childʼs tribe and extended family members, as defined in Section 224.1. (4) “Spending plan manager” means the entity or entities that contract with the department to manage the Strengths Building Funding on behalf of the child or nonminor dependent. The spending plan manager shall be a partnership, whether general or limited, a corporation, whether for profit or nonprofit, a limited liability company, or an association with a valid tax payer identification number. The department shall prioritize nonprofit entities in developing these contracts. (5) “Spending plan report” means a report of the information required in subparagraph (B) of paragraph (5) of subdivision (d), prepared by the spending plan manager, regarding the child’s or nonminor dependent’s Strengths Building Funding. (6) “Strengths building” means the growth or development of characteristics of a child or nonminor dependent in an environment or through an external factor that provides the individual with meaning and wellbeing through the provision of goods, services, activities, and supports. For an Indian child, the identification of strengths shall be informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe. (7) “Strengths Building Funding” means the per child per month amount paid as a rate component of the Tiered Rate Structure established in subparagraph (B) of paragraph (2) of subdivision (h) of Section 11461, as specified in paragraph (1) of subdivision (d), based on the childʼs or nonminor dependent’s tier, as determined by the IP-CANS assessment. (8) “Strengths Building Spending Plan” means the plan the child and family develop to use the Strengths Building Funding as provided in subparagraph (A) of paragraph (3) of subdivision (d). In the case of a nonminor dependent, the Strengths Building Spending Plan means the plan that is developed by the nonminor dependent with appropriate supports selected by the nonminor dependent. (d) Under the Strengths Building Child and Family Determination Program: (1) Strengths Building Funding shall be available per child per month for each eligible child or nonminor dependent described in subdivision (b) based on the child’s or nonminor dependent’s tier, according to the following tiered rate schedule: Tier 1: $ 500 Tier 2: $ 700 Tier 3: $ 900 [Ages 0-5] Tier 3+: $900 [Ages 6+] (2) For each eligible child or nonminor dependent described in subdivision (b) Strengths Building Funding shall be available, as set forth in paragraph (1), as follows: (A) Except as provided in subparagraph (B), beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, for new entries into foster care and for all other children or nonminor dependents in foster care placements on July 1, 2027, including children or nonminor dependents placed in a setting described in subdivision (d) of Section 11402, the Strengths Building Funding shall be available consistent with the child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment, pursuant to a schedule to be determined by the department. (B) Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, an amount equivalent to Tier 1 of the Strengths Building Funding shall be available to a nonminor dependent placed in a setting described in subdivision (w) of Section 11400. (C) The Strengths Building Funding shall be considered to be owned by the state until the spending plan manager pays for goods, services, activities, and supports for the child or nonminor dependent using the funds. The child’s or nonminor dependent’s Strengths Building Funding shall be used within the fiscal year for which the funding is appropriated. When the child or nonminor dependent exits foster care, including, but not limited to, when the child reunifies with a parent with or without juvenile court supervision, or achieves permanency through adoption, tribal customary adoption, or guardianship, any unused portion of Strengths Building Funding shall be available for use by the child or nonminor dependent through the end of the fiscal year for which the funding was appropriated, and any unused funding may roll forward into the fiscal year immediately following the fiscal year for which the funding was appropriated. (D) All goods, services, activities, and supports paid for by the spending plan manager using the Strengths Building Funding shall belong to or be provided for the benefit of the child or nonminor dependent, including when the child’s or nonminor dependent’s placement changes. (E) Notwithstanding any other law, payments, goods, services, activities and supports made available to a child or nonminor dependent pursuant to this section shall not be considered income or resources for purposes of determining the individual’s eligibility for benefits or assistance under any federal, state or local benefit or assistance program, to the extent permitted by federal law. (3) The child and family or nonminor dependent, in exercising child and family determination, informed by the child’s or nonminor dependent’s strengths and needs assessment through the IP-CANS, and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, shall do both of the following: (A) Develop a Strengths Building Spending Plan for the child or nonminor dependent. (i) The Strengths Building Spending Plan shall detail the strengths building objectives that are to be achieved through the purchase of child- and family-directed goods, services, activities, and supports using the Strengths Building Funding pursuant to the program standards and guidelines established by the department pursuant to subdivision (e) and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe. (ii) The total amount of the Strengths Building Spending Plan shall not exceed the amount of the Strengths Building Funding for the child’s or nonminor dependent’s tier. (iii) The Strengths Building Spending Plan shall not be used to supplant existing funding sources used to secure goods, services, activities, or supports for children or nonminor dependents in foster care. (B) Choose the goods, services, activities, and supports consistent with the program standards and guidelines developed by the department pursuant to subdivision (e). These goods and services may include, but are not limited to, extracurricular activities and equipment, peer support, educational and post-secondary educational materials and supplies, and goods, services, activities, and supports that are culturally significant to the child or nonminor dependent or that help the child or nonminor dependent feel connected to their family and community of origin, or, in the case of an Indian child, the child’s tribe. (i) The child and family or nonminor dependent’s choice of goods, services, activities or supports shall be presumed to be reasonable and appropriate when those choices are consistent with guidance provided by the department describing allowable uses of the Strengths Building Funding and do not otherwise create risk to the child’s or nonminor dependent’s health, safety, or wellbeing. Strengths Building Funding shall not be used in a manner that would violate any state or federal law or any court order. (ii) In the case of a child whose permanent plan is reunification, the child shall be empowered, as age and developmentally appropriate, to lead decisionmaking with active support of their parent or parents receiving reunification services. In all other cases, the child shall be empowered, as age and developmentally appropriate, to lead decisionmaking with active support of their caregiver. (iii) In the case of a nonminor dependent, the nonminor dependent shall be empowered to make decisions to expend Strengths Building Funding in a manner that supports their transition to successful adulthood. (4) The child and family team shall be responsible for both of the following: (A) Supporting the child’s and family’s or nonminor dependent’s choices or interests in goods, services, activities, and supports for the Strengths Building Spending Plan and providing support or suggestions in choosing activities to fulfill the strengths building objectives that are consistent with the strengths building objectives identified by the child’s or nonminor dependent’s IP-CANS assessment and the program standards and guidelines developed by the department pursuant to subdivision (e) and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, and for a child who is 14 years and older, as is age appropriate, and for all nonminor dependents, supporting the child in leading and directing the decisions related to the use of the Strengths Building Funding. (B) Working with the child and family or nonminor dependent, as applicable, and as desired by the child and family, or nonminor dependent, when goods, services, activities, and supports chosen for the Strengths Building Spending Plan fail to meet the program standards and guidelines developed by the department pursuant to subdivision (e), to help select and find goods, services, activities, and supports that comply with those guidelines and, for an Indian child, are informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe. (5) Each child and nonminor dependent shall have a spending plan manager to assist the child and family and nonminor dependent with managing the Strengths Building Funding consistent with the Strengths Building Spending Plan. The spending plan manager shall do all of the following: (A) Pay for and, if needed, otherwise enable the procurement of goods, services, activities, and supports for the child or nonminor dependent according to terms of the spending plan manager’s contract with the department, the program standards and guidelines developed by the department pursuant to subdivision (e), and any other applicable requirements under state and federal law. (i) When necessary or appropriate, payments may be made directly to the caregiver, child and family, or a nonminor dependent, according to the terms of the spending plan manager’s contract with the department, guidance provided by the department, and applicable federal and state law. (ii) Payments shall be made timely according to the terms of the Strengths Building Spending Plan to promote the goals and objectives of the Strengths Building Child and Family Determination Program, the terms of the spending plan manager’s contract with the department, guidance provided by the department, and applicable federal and state law. (B) Provide the child, family, nonminor dependent, placing agency, foster family agency, and short-term residential therapeutic program, as applicable, with a spending plan report, consisting of at least an itemized monthly statement with a description of the goods, services, activities, and supports purchased using the Strengths Building Funding in the previous 30-day period, the amount spent for each good, service, activity, and support in the previous 30-day period, and the amount of funding that remains available under the Strengths Building Spending Plan. (C) Comply with the duties prescribed in the terms of the contract with the department, including, but not limited to, ensuring the Strengths Building Funding is available to the child or nonminor dependent for its intended use, consistent with the Strengths Building Spending Plan. (e) The department shall be responsible for all of the following: (1) Oversight of the contract or contracts with spending plan managers for spending plan management services, including the expenditure of the Strengths Building Funding. (2) Development of program standards including, but not limited to, the following: (A) A standards of care framework for the program, including standards that promote increased child and family determination over decisions about the goods, services, activities, and supports that will best meet the strengths building objectives identified in the child’s or nonminor dependent’s IP-CANS assessment and, for an Indian child, that are consistent with prevailing social and cultural conditions and way of life of the Indian child’s tribe, and that are consistent with active efforts as described in subdivision (f) of Section 224.1. (B) Comprehensive guidance for child- and family-centered planning that supports the child and family in developing their Strengths Building Spending Plan and, for an Indian child, supports engagement with the child’s tribe in ensuring the Strengths Building Spending Plan is informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, and for a child who is 14 years and older, as is age appropriate, and for all nonminor dependents, support the child or nonminor dependent in leading the decisions related to the use of the Strengths Building Spending Plan. (C) Education or training and informational materials, for the child and family or nonminor dependent, the child and family team, placing agencies, foster family agencies, court-appointed advocates, and the spending plan manager, about the Strengths Building Child and Family Determination Program to ensure understanding of the principles of child and family determination, strengths building, comprehensive child- and family-centered planning, the planning process, self-determination principles in adolescent and young adult development, and the management of budgets, services, and staff and, for an Indian child, understanding of prevailing social and cultural conditions and way of life of the Indian child’s tribe. Any materials or information provided for children and nonminor dependents shall be age-appropriate and shall assist in preparing them for the child’s and family’s or nonminor dependent’s development of the Strengths Building Spending Plan. (D) Guidelines and training on funding resources for spending plan managers and providers of strengths building goods, services, activities, and supports, which shall include, but not be limited to, controls and documentation to determine when federal financial participation may be claimed if all state and federal requirements are met. (E) A description of the nature and scope of allowable or approved goods, services, activities, and supports designed to achieve strengths building objectives identified in the child’s or nonminor dependent’s Strengths Building Spending Plan. (F) The qualifications of the entity or entities who are eligible to contract with the department to manage Strengths Building Funding to ensure their ability to effectively serve as a spending plan manager. (G) A process by which the child and family team, consistent with clause (vi) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, shall assist with the resolution of disputes that may arise regarding the selection of goods, services, activities, and supports for the Strengths Building Spending Plan at the request of any member of the child and family team. (3) Consultation with the State Department of Health Care Services, County Welfare Directors Association of California, Chief Probation Officers of California, tribes, child welfare advocates, providers, current or former foster children, nonminor dependents, caregivers, and other interested parties, in the development of the informational materials and guidelines described in paragraph (2). The development of the standards of care framework, educational, informational, and training materials, and guidelines relating to Indian children shall include consultation with federally recognized tribes. (f) The placing agency shall do both of the following: (1) Document the Strengths Building Spending Plan and the spending manager report in the child’s or nonminor dependent’s case plan, and the statewide child welfare information system, and provide a copy of the report to members of the child and family team, caregivers, the foster family agency, or short-term residential therapeutic program, if applicable, and for an Indian child, to the Indian child’s tribe. (2) Provide information and support to the child and family or nonminor dependent, upon request, regarding goods, services, activities, and supports available in the community, and, if needed, support the child and family or nonminor dependent in accessing those goods, services, activities, and supports. The placing agency shall inform the child and family or nonminor dependent when the placing agency is legally responsible for covering the cost of goods, services, activities, and supports purchased with Strengths Building Funding and assist the child and family or nonminor dependent in selecting other goods, services, activities, and supports, including those of the nature and scope described in guidance provided by the department, that achieve the strengths building objectives identified in the child’s or nonminor dependent’s IP-CANS assessment. (g) The department shall consult with an Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 for the purpose of the implementation of this section by the Indian tribe, consortium of tribes, or tribal organization. (h) The department, as it determines necessary, shall adopt regulations to implement the procedures set forth in this section 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. (i) The department may award contracts for the purpose of implementing and maintaining the Strengths Building Child and Family Determination Program. (Added by Stats. 2024, Ch. 46, Sec. 51. (AB 161) Effective July 2, 2024.)
  130. 16567.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. )

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    The department must give the Legislature multiple updates and reports about implementing the Tiered Rate Structure, including planning, progress, analysis, and related program details.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 6.5. Foster Care Child and Adolescent Needs and Strengths Programs [16560 - 16567] ( Chapter 6.5 added by Stats. 2024, Ch. 46, Sec. 51. ) ## 16567. (a) It is the intent of the Legislature to assess the impacts of the Tiered Rate Structure on children, nonminor dependents, families, placing agencies, and providers. This shall be done through the department providing updates on the ongoing implementation status of the Tiered Rate Structure, including, but not limited to, development of associated contracts, guidance, forms, training and status of technology infrastructure necessary to implement the rates structure, and an automation timeline, as specified below. (b) As required by this section, to the extent reasonably possible, and if the necessary information is provided to the department by its state, county, and provider partners, the department, in collaboration with the State Department of Health Care Services when necessary, shall provide information to the Legislature on key stages of planning, preparation, and implementation efforts and outcomes associated with the Tiered Rate Structure. (c) The department shall provide the Legislature, no later than January 10, 2026, with an analysis of the identified needs of children and nonminor dependents in Tier 2, Tier 3, and Tier 3+, the types of services necessary to address those needs, reasonable administration and operational activities necessary for providers to address those needs, and a cost analysis of those services. This cost analysis shall be based on engagement with stakeholders, including, but not limited to providers, current and former foster children and nonminor dependents, relative caregivers, resource families, and county child welfare agencies, which shall occur no later than winter of 2024. The analysis shall include the estimated breadth and duration of needed services, any factors related to the need for additional supervision, and other factors. It is the intent of the Legislature in adopting this subdivision that the rates for children and nonminor dependents in all placement settings, including those receiving services from foster family agencies and short-term residential therapeutic programs, be adequate to ensure the availability of services to children and nonminor dependents who need them. (d) No later than April 30, 2025, the department shall update the Legislature on the planning progress, with trend data, as appropriate, toward the implementation of the Tiered Rate Structure, which shall include a written status update regarding all of the following: (1) The Care and Supervision component of the Tiered Rate Structure, which shall include the development of criteria and capacity for placing agencies to timely conduct IP-CANS assessments to fidelity for all children and nonminor dependents in foster care. (2) The Immediate Needs Program, which shall include an update on working groups to inform the department’s guidance regarding the minimum standards for the program and the requirements, standards, and process by which an immediate needs provider shall be certified by the department. (3) A summary of findings from the CANS workgroup and fidelity of IP-CANS and the IP-CANS and child and family team completion, including IP-CANS and child and family team timeliness, progress towards implementing shared IP-CANS, and trend data. (4) The Strengths Building Program, which shall include an update on the request for proposal contract development for Strengths Building Program spending plan managers and the development of working groups to inform the department’s guidance for the Strengths Building Program. The department shall also provide information, informed by working groups that include foster youth with lived experience, caregivers, placing agencies, tribes, and other advocacy organizations, related to strengths building and outcomes, including, but not limited to: (A) The process by which children and families or nonminor dependents will be supported to select services that meet program standards and guidelines. (B) A streamlined referral process to a spending plan manager, the scope of duties of the spending plan manager, and the process by which disputes may be resolved. (C) A process to resolve disputes over the choice of strengths building activities, and questions about appropriateness of activities. (5) A written report on all of the following: (A) The outcome of engagement with counties, tribes, and stakeholders to ensure the latent class analysis and Tiered Rate Structure reflect the needs and supports for children, nonminor dependents, and their caregivers. (B) Any planned updates to the IP-CANS to ensure the full needs and strengths of children, nonminor dependents, and caregivers are considered in the statistical analysis and rate setting, including for youth in foster care supervised by probation. (C) How the department and the State Department of Health Care Services will collaborate on use of the IP-CANS assessment tool to minimize duplication of assessments and increase data sharing across local agencies. (D) Workload and cost impacts to the state and counties. (e) Beginning October 2025, and on a quarterly basis thereafter until the implementation date of the Tiered Rate Structure, the department shall update the Legislature on the preparation progress toward the implementation of the Tiered Rate Structure, with trend data, as appropriate. The updates provided in April and October shall be in writing. Each update shall include, but need not be limited to, updates from the previous update period and the status of all of the following: (1) Implementation status of the Immediate Needs Program standards to be developed by the department and the certification of immediate needs providers. (2) When available, outcome measures for the Immediate Needs Program, including changes in the IP-CANS assessments and tiers for children and nonminor dependents over time. (3) The status of contracts with Strengths Building Program spending plan managers. (4) An update on all of the following: (A) The outcome of engagement with counties, tribes and stakeholders to ensure the latent class analysis and Tiered Rate Structure reflect the needs and supports for children and their caregivers. (B) Any planned updates to the IP-CANS to ensure the full needs and strengths of children, youth and caregivers are considered in the statistical analysis and rate setting, including for probation youth. (C) How the department and the State Department of Health Care Services will collaborate on use of the IP-CANS assessment tool to minimize duplication of assessments and increase data sharing across local agencies. (D) Workload and cost impacts to the state and counties. (E) Automation activities, milestones met, and updated timelines toward implementation readiness. (f) Beginning October 2027, and on a quarterly basis thereafter, for 18 months from the implementation date of the Tiered Rate Structure, the department shall update the Legislature on the progress of implementation of the Tiered Rate Structure, with trend data, as appropriate. After 18 months from the implementation date of the Tiered Rate Structure, updates shall be provided only on a biannual basis. Updates provided in April and October shall be in writing. Each update shall include, but need not be limited to, updates from the previous update period and the status of all of the following: (1) Identified changes to the number of children in Tier 1, Tier 2, Tier 3, and Tier 3+, placed in home-based family settings and congregate care following implementation of the Tiered Rate Structure. (2) Information regarding the utilization of the Immediate Needs Funding, as well as the percentages of timely completion of IP-CANS, and child and family teams for children and nonminor dependents in foster care. (3) Information regarding the utilization of Strengths Building Funding, including but not limited to, the timeliness with which funds are disbursed, the types of goods, services, activities, and strengths that foster children and nonminor dependents are participating in, the average cost of services, the amount of funding that remains available at the end of each year, and outcome measures reflecting the degree to which the funds are impacting the strengths of children and nonminor dependents in foster care. (g) (1) This section shall become inoperative on December 1, 2032, and, as of January 1, 2033, is repealed. (2) It is the intent of the Legislature to review the need for a possible extension of the inoperative date specified in paragraph (1) as it approaches. (Added by Stats. 2024, Ch. 46, Sec. 51. (AB 161) Effective July 2, 2024. Inoperative December 1, 2032, by its own provisions. Repealed as of January 1, 2033, by its own provisions.)
  131. 16585.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. )

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    This section states the Legislature’s intent for Family First prevention services to receive federal funding and be coordinated to help children stay safely with their families.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. ) ## 16585. (a) It is the intent of the Legislature to exercise the option afforded to states under Section 474(a)(6) and Section 471(e) of the federal Social Security Act, as contained in the federal Family First Prevention Services Act of 2018 (Public Law 115-123, 42 U.S.C. Sec. 674(a)(6) and 42 U.S.C. Sec. 671(e), respectively) to receive federal financial participation for the prevention services described in Section 471(e) of the federal Social Security Act (42 U.S.C. Sec. 671(e)) that are provided for a candidate for foster care or a pregnant or parenting foster youth, and their parents or kin caregivers, and the allowable costs for the proper and efficient administration of the program. (b) (1) It is the intent of the Legislature that the prevention services under this chapter will be implemented in coordination with the existing continuum of services to improve the safety and well-being of children by strengthening and supporting families so that children can remain safely in their homes. (2) It is the intent of the Legislature that the prevention services under this chapter will improve outcomes for children and families, reduce entries into foster care, and reduce disproportionate entries into foster care of children and youth of color, Native American and Alaskan Native children and youth, and lesbian, gay, bisexual, transgender, queer, and plus (LGBTQ+) children and youth. (3) It is the intent of the Legislature that the prevention services under this chapter will be provided in a manner that reaffirms the commitments to Indian children, Indian families, and Indian tribes in accordance with Section 224. There is no resource more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in ensuring that prevention services are provided in a manner consistent with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (4) It is the intent of the Legislature that prevention services provided by a county under this chapter be delivered as part of a plan developed in consultation with other relevant county agencies that serve families and children, Indian tribes, local community representatives, caseworkers, and individuals and families with lived experience with the child welfare system. (Added by Stats. 2021, Ch. 86, Sec. 54. (AB 153) Effective July 16, 2021.)
  132. 16586.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. )

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    This section defines key child welfare terms for Family First Prevention Services and says a child cannot be a candidate for foster care while already in 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 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. ) ## 16586. For purposes of this chapter, the following definitions shall apply: (a) (1) “Candidate for foster care” means a child described in Section 475(13) of the federal Social Security Act (42 U.S.C. Sec. 675(13)), and as further described in the State Plan for Title IV-E prevention services and programs and approved by the United States Department of Health and Human Services, Administration for Children and Families. (2) A child may be considered at imminent risk of foster care when the county or tribal caseworker determines, based upon an assessment, that prevention services are necessary to mitigate the child’s risk of entry or reentry into foster care, and the child meets the criteria for imminent risk of foster care established in the State Plan for Title IV-E prevention services and programs and approved by the United States Department of Health and Human Services, Administration for Children and Families. (3) A child shall not be a candidate for foster care while simultaneously residing in foster care. (b) “Child” means a minor under 18 years of age, or a nonminor under 21 years of age who is eligible to reenter foster care pursuant to Section 388.1. (c) “Pregnant or parenting foster youth” means a child or nonminor dependent in foster care who is a parent, or an expectant parent of an unborn child. (d) “Prevention plan” means a written document that meets the requirements set forth in Section 471(e)(4) of the federal Social Security Act (42 U.S.C. Sec. 671(e)(4)). (e) “Prevention services” means the services or programs described in Section 471(e) of the federal Social Security Act (42 U.S.C. Sec. 671(e)), including those services or programs with eligible adaptations, as permitted by the United States Department of Health and Human Services, Administration for Children and Families, which includes, but is not limited to, eligible adaptations to increase the cultural relevancy of a service or program. Prevention services, as defined for purposes of this subdivision, are not Medi-Cal services unless all state and federal Medicaid requirements are met, any necessary federal approvals are obtained, and medical assistance federal financial participation is available and is not otherwise jeopardized. (Added by Stats. 2021, Ch. 86, Sec. 54. (AB 153) Effective July 16, 2021.)
  133. 16587.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. )

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    Counties and certain tribal entities may provide prevention services, but counties and the department have several required planning, consultation, notice, monitoring, and evaluation 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 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. ) ## 16587. (a) A county may elect to provide the prevention services under this chapter by providing a written plan to the State Department of Social Services, in accordance with instructions issued by the department. The written plan, when being updated by the county on or after January 1, 2027, shall include the county’s plans to provide information for mandated reporters regarding the resources available to support families in their communities. A county shall promptly notify the department of any changes to the written plan, including, but not limited to, an elimination or reduction of services. During the first year of implementation, a county may elect to provide the prevention services under this chapter by providing a written notice to the department while the county continues to develop its written plan. The county shall consult with other relevant county agencies that serve families and children, Indian tribes, local community representatives, caseworkers, and individuals and families with lived experience with the child welfare system in the development and ongoing implementation of the plan. (b) The department shall consult with Indian tribes on the development of the statewide prevention plan, associated allocation policies, and procedures for an Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 to elect to provide the prevention services under this chapter. (c) (1) A county or Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 that elects to provide prevention services under this chapter may provide those services for all of the following: (A) A child who is a candidate for foster care. (B) A child or nonminor dependent in foster care who is a pregnant or parenting foster youth. (C) The parents or kin caregivers of a child described in this paragraph. (2) (A) Prevention services under this chapter may be provided for a period of up to 12 months. (B) Prevention services under this chapter may be provided for additional 12-month periods, including contiguous 12-month periods, on a case-by-case basis, when a county or tribal caseworker determines and documents in the candidate for foster care or pregnant or parenting foster youth’s prevention plan that they continue to meet the requirements to receive prevention services as a candidate for foster care, or pregnant or parenting foster youth. (C) Nothing in this subdivision shall be construed to alter or limit the time period for services provided under the Medi-Cal program to a Medi-Cal beneficiary, which shall be based on medical necessity. (3) When a county knows or has reason to know a child is an Indian child, as defined in Section 224.1, the county shall provide prevention services under this chapter in a manner consistent with active efforts, as described in subdivision (f) of Section 224.1. (d) A Title IV-E agency that elects to provide the prevention services under this chapter shall be responsible for: (1) (A) Determining whether a child is a candidate for foster care and eligible for prevention services based upon an in-person assessment, or an alternative assessment methodology approved by the State Department of Social Services. (B) Identifying whether a child or nonminor dependent in foster care is a pregnant or parenting foster youth who will receive prevention services. A candidacy assessment and determination are not required for a pregnant or parenting foster youth to receive prevention services. (2) Documenting the determination described in paragraph (1) in the child or youth’s prevention plan. (3) Inquiring whether a child who is being assessed as a candidate for foster care and for prevention services under this chapter is or may be an Indian child in accordance with Section 224.2. When the county knows or has reason to know the child is an Indian child, as defined in Section 224.1, the county shall provide written notification to the tribe inviting the child’s tribe to partner with the county agency in the initial and ongoing assessments of the child and family and the development and implementation of the written prevention plan. (4) (A) Developing and implementing a written prevention plan for the child or youth using a model approved by the department. (B) In the case of a child who is a candidate for foster care, the prevention plan shall identify the foster care prevention strategy for the child and list the services or programs to be provided to, or on behalf of, the child, including the services or programs to be provided to the child’s parent or kin caregiver. (C) In the case of a pregnant or parenting foster youth, the prevention plan shall list the services or programs to be provided to, or on behalf of, the youth to meet their individual needs, strengthen their ability to parent, describe the parenting support strategy to promote the health and development of, and prevent foster care for, any child born to the youth, and be included in the youth’s existing case plan. (D) In the case of an Indian child, the development and implementation of the written prevention plan shall be in partnership with the Indian child’s tribe. (5) Documenting all prevention services cases under this chapter in accordance with instructions issued by the department to county Title IV-E agencies. (6) Ensuring that prevention services are provided using a trauma-informed approach, including an approach informed by historical and multigenerational trauma. (7) Monitoring the safety of a candidate for foster care or pregnant or parenting foster youth receiving prevention services under this chapter, which shall include in-person contact with the child or youth by the caseworker to ensure the child’s or youth’s ongoing safety, as specified in the written prevention plan. (8) Conducting periodic risk assessments for the child or youth while prevention services are being provided. The caseworker shall reexamine the prevention plan if they determine the risk of the child or youth entering foster care remains high despite the provision of prevention services. In the case of an Indian child, the assessments and any reexamination of the prevention plan shall be conducted in partnership with the Indian child’s tribe. (9) Collecting and reporting any information or data necessary to the department for federal financial participation, federal reporting, or evaluation of the services provided, including, but not limited to, child-specific information and expenditure data. (10) Continuously monitoring the implementation and provision of services provided under this chapter to ensure fidelity to the practice model, determine outcomes achieved, and determine how information learned from monitoring will be used to refine and improve practices, using a continuous quality improvement framework developed in accordance with instructions issued by the department to county Title IV-E agencies. Outcomes achieved shall include, but are not limited to, measures examining the equitable implementation and provision of services, as well as equitable distribution of outcomes. (11) (A) Conducting or contracting for a well-designed and rigorous evaluation of each prevention service provided under this chapter, as coordinated by the department and in accordance with instructions issued by the department to county Title IV-E agencies. An evaluation shall examine the effectiveness of each service in improving outcomes for children and families across diverse groups receiving each service. The department shall consult with the State Department of Health Care Services on any instructions to counties that involve an evaluation of a prevention service that is paid for by Medi-Cal. (B) This paragraph shall not apply to a prevention service for which the state has received a federal waiver of the evaluation requirements pursuant to Section 471(e)(5) of the federal Social Security Act (42 U.S.C. Sec. 671(e)(5)). (C) Subject to the availability of state or other funds, the department may conduct or contract for a well-designed and rigorous evaluation of a prevention service as described in subparagraph (A). A Title IV-E agency’s participation in an evaluation of a prevention service by the department shall satisfy the agency’s responsibility under this paragraph. (e) A Title IV-E agency may contract with another agency or community-based organization to perform the activities described in paragraphs (4) through (8), inclusive, of subdivision (d) in accordance with guidelines and instructions issued by the department. The county shall be responsible for supervising and ensuring appropriate performance of these activities. A county may work with one or more other counties utilizing the same prevention service to conduct a joint evaluation that meets the requirements of this section. (f) A parent, caregiver, child, or youth’s nonparticipation in or noncompletion of offered prevention services, in and of itself, shall not be prima facie evidence that the child comes within Section 300 or prima facie evidence of substantial danger. (Amended by Stats. 2025, Ch. 79, Sec. 32. (SB 119) Effective July 29, 2025.)
  134. 16588.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. )

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    The department must seek federal approval for Title IV-E funding, and counties generally cannot claim that funding or use related funds contrary to the section’s 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 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. ) ## 16588. (a) The State Department of Social Services shall seek all necessary federal approvals to obtain Title IV-E federal financial participation for the prevention services provided under this chapter, including the submission of any necessary state plans or amendments. During the first three years of implementation, in consultation with counties and stakeholders, the department shall annually review the state’s five-year prevention plan and determine whether amendments should be pursued, including, but not limited to, the candidacy population and the evidence-based programs or services included in the state’s prevention plan. Additionally, the department shall consult with tribes during this review process. (b) A county child welfare agency or county probation department shall not claim Title IV-E federal financial participation for the prevention services under this chapter unless the department has obtained all necessary federal approvals. (c) (1) A county that elects to provide the prevention services under this chapter shall pay the nonfederal share of the cost for providing these prevention services beyond any state funding provided for this chapter. (2) Notwithstanding paragraph (1), the state may contribute a portion of the nonfederal share of cost and implementation costs, subject to an appropriation of state funds. Counties receiving state funds under this paragraph shall submit to the department a comprehensive plan that includes a continuum of primary, secondary, and tertiary prevention and intervention strategies and services to support the ability for parents and families to provide safe, stable, and nurturing environments for their children, in accordance with instructions issued by the department. The continuum of services shall include culturally appropriate and responsive services that are tailored to meet the needs of families who are disproportionately represented in the child welfare system, including Native American and Alaskan Native families, families of color, and lesbian, gay, bisexual, transgender, queer, and plus (LGBTQ+) children or youth. Counties shall promptly notify the department in accordance with instructions issued by the department, of any changes to the comprehensive plan, including, but not limited to, an elimination or reduction of services. During the first year of implementation, a county may utilize state funds under this paragraph to provide the prevention services under this chapter, to provide prevention and intervention services beyond those in the state five-year prevention plan or Title IV-E Prevention Services Clearinghouse that fill service gaps, including, but not limited to, culturally responsive services, and for implementation costs by providing a written notice to the department while the county continues to develop its comprehensive plan. (3) (A) The department, in consultation with the County Welfare Directors Association of California and Chief Probation Officers of California, shall develop an allocation methodology to distribute state funding for the prevention services program established under this chapter. (B) Except as provided in subparagraph (C), counties shall use state funds allocated pursuant to this chapter for the nonfederal share of cost of prevention services, as defined in subdivision (e) of Section 16586, allowable administrative activities performed for the program, and program implementation costs in accordance with written guidance issued by the department. Counties may also use state funds for the cost for any other prevention services offered pursuant to the comprehensive plan described in this subdivision, in accordance with written guidance issued by the department. (C) (i) The department may exempt a small county from the requirement to use state funds allocated pursuant to this chapter for the nonfederal share of cost of prevention services, as defined in subdivision (e) of Section 16586. A county for which this requirement is waived shall use state funds allocated pursuant to this chapter for the cost of other prevention services offered pursuant to the county’s comprehensive plan, allowable administrative activities performed for the program, and program implementation costs in accordance with written guidance issued by the department. (ii) For purposes of this section, “small county” includes all of the following counties: Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Inyo, Lake, Lassen, Mariposa, Modoc, Mono, Nevada, Plumas, San Benito, Sierra, Siskiyou, Tehama, Trinity, and Tuolumne. (D) Counties shall document and report all prevention services utilizing state funds under this chapter in accordance with written guidance issued by the department. (4) The department shall consult with Indian tribes to develop an allocation methodology to distribute state funding under this chapter to an Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 and elects to provide the prevention services under this chapter. (5) State funds allocated under this chapter shall not supplant funds for existing programs. (d) A county shall use federal funds received under this chapter to supplement, and not supplant, local and state foster care prevention expenditures used for the maintenance of effort, as described in Section 471(e)(7) of the federal Social Security Act (42 U.S.C. Sec. 671(e)(7)). The department shall provide guidance to counties on expenditures that are to be counted toward the maintenance of effort requirement, consistent with federal guidance on this issue. (e) A county shall not use local or state foster care prevention expenditures utilized for the state maintenance of effort, as described in Section 471(e)(7) of the federal Social Security Act (42 U.S.C. Sec. 671(e)(7)), for the nonfederal share of the cost of providing prevention services under this chapter for a fiscal year. The department shall provide guidance to counties on expenditures that are to be counted toward the maintenance of effort requirement, consistent with federal guidance on this issue. (f) (1) For the prevention services under this chapter, a county or tribal Title IV-E agency shall not be considered to be a legally liable third party for purposes of satisfying a financial commitment for the cost of providing those services or programs with respect to any individual for whom that cost would have been paid for from another public or private source but for the enactment of the federal Family First Prevention Services Act of 2018 (Public Law 115-123), except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by a child or family in a timely fashion, funds provided under this chapter may be used to pay a prevention services provider pending reimbursement from the public or private program that is ultimately responsible for payment. (2) The State Department of Health Care Services, in consultation with the State Department of Social Services, shall develop guidance identifying what prevention services provided under this chapter may be eligible for payment, in part or whole, under the Medi-Cal program. The departments shall develop a model joint written protocol for counties to determine what program is responsible for payment, in part or whole, for a prevention service provided on behalf of a child under this chapter. (3) A county that elects to provide prevention services under this chapter shall establish a joint written protocol between the child welfare agency, probation department, behavioral health agency, and other appropriate entities for determining what program is responsible for payment, in part or whole, for a prevention service provided on behalf of a child under this chapter. The county shall use the model protocol developed under paragraph (2), or an equivalent approved by the department. (g) The State Department of Health Care Services may submit a Medicaid state plan amendment, waiver request, or both, to maximize federal financial participation under the Medi-Cal program for the prevention services provided under this chapter. If the State Department of Health Care Services determines that federal approval is necessary in order to receive federal financial participation for the Medi-Cal program for any portion of the prevention services or activities described in this chapter, counties shall not claim these prevention services or activities as Medi-Cal services until the effective date specified in the federal approval obtained by the State Department of Health Care Services. (Amended by Stats. 2024, Ch. 46, Sec. 52. (AB 161) Effective July 2, 2024.)
  135. 16589.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. )

    Verify source ↗

    The State Department of Social Services oversees the program and may issue guidance by all-county letters until regulations are adopted; Medi-Cal-related services remain subject to federal approval limits, and certain contracts get a temporary exemption.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 7. Family First Prevention Services [16585 - 16589] ( Chapter 7 added by Stats. 2021, Ch. 86, Sec. 54. ) ## 16589. (a) The State Department of Social Services shall have oversight of the Family First Prevention Services program established under this chapter. The department shall consult with the State Department of Health Care Services on any letters or instructions for the Family First Prevention Services program that intersect with services under the Medi-Cal program. 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 chapter 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. (b) Nothing in this chapter shall be construed to amend or otherwise alter state and federal requirements for Medi-Cal services. The State Department of Health Care Services shall maintain oversight over services claimed to the Medi-Cal program and shall be responsible for seeking any approvals necessary for the Medi-Cal program. The State Department of Health Care Services may provide guidance on whether federal financial participation is available for Medi-Cal services that may intersect with the implementation of prevention services under Part I of the federal Family First Prevention Services Act. Medi-Cal services shall only be claimed to the extent that any necessary federal approvals are obtained and medical assistance federal financial participation is available and is not otherwise jeopardized. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may provide Medi-Cal guidance to implement this chapter by means of plan or all-county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (c) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the review or approval of the Department of General Services. (2) This subdivision shall become inoperative on July 1, 2028, unless a later enacted statute, that becomes operative on or before July 1, 2028, deletes or extends the date on which this subdivision becomes inoperative. (Amended by Stats. 2024, Ch. 46, Sec. 53. (AB 161) Effective July 2, 2024.)
  136. 16600.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

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    The department must administer the federal Promoting Safe and Stable Families funds, and it may keep up to 10% for state administrative costs instead of passing that amount to counties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16600. (a) The department shall administer the federal Promoting Safe and Stable Families funds. (b) Notwithstanding Section 10103, the department may retain and not pass on to the counties up to 10 percent of federal Promoting Safe and Stable Families funds for the purposes of state administrative costs incurred on or after October 1, 2007, including planning, monitoring, evaluation, training and technical assistance, or related projects of statewide significance. (Amended by Stats. 2011, Ch. 459, Sec. 45. (AB 212) Effective October 4, 2011.)
  137. 16601.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

    Verify source ↗

    This section defines several family preservation service terms used in this part of the code.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16601. For purposes of this part, the following terms shall have the following meanings: (a) “Adoption promotion and support services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including activities such as preadoptive and postadoptive services and activities designed to expedite the adoption process and support adoptive families. (b) “Family preservative services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means services for children and families designed to help families, including adoptive and extended families, at risk or in crisis, including all of the following: (1) Services programs designed to help children return to families from which they have been removed, where safe and appropriate, or be placed for adoption or with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for the child, in some other planned, permanent living arrangement. (2) Preplacement preventive services programs, including, but not limited to, intensive family preservation programs designed to help children at risk of foster care placement remain safely with their families. (3) Service programs designed to provide followup care to families to whom a child has been returned after a foster care placement. (4) Respite care of children to provide temporary relief for parents and other caregivers, including, but not limited to, foster parents. (5) Services designed to improve parenting skills by reinforcing parents’ confidence in their strengths and helping them to identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition. (6) Infant safe haven programs that provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to state law. (c) “Family support services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means community-based services, including mentoring, to promote the safety and well-being of children and families. This includes services designed to increase the strength and stability of families, including adoptive, foster, and extended families, to support and retain foster families so they can provide quality family-based settings for children in foster care, to increase parents’ confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development. (d) “Family reunification services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means the services and activities described in Section 629a(a)(7)(B) of Title 42 of the United States Code that are provided to a child that is removed from the child’s home and placed in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of the child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, and to ensure the strength and stability of the reunification. This includes peer-to-peer mentoring and support groups for parents and primary caregivers, as well as services and activities to facilitate access to and visitation of children with parents and siblings. In the case of a child who has been returned home, the services and activities shall only be provided during the 15-month period that begins on the date that the child returns home. (Amended by Stats. 2018, Ch. 910, Sec. 50. (AB 1930) Effective January 1, 2019.)
  138. 16602.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

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    Counties using federal Promoting Safe and Stable Families funds must set up a local planning body and make county plans, with the board of supervisors overseeing and approving the plan and the county welfare department handling day-to-day administration and fund accounting.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16602. (a) Notwithstanding Section 16500, each county that chooses to utilize federal Promoting Safe and Stable Families funds shall establish a local planning body and develop county plans as required by the department. The board of supervisors shall oversee the local planning process and approve each county plan before it is transmitted to the department for approval. (b) Notwithstanding Section 16500, the county welfare department shall act as the county lead administrative agency to carry out the day-to-day planning activities. The county welfare department shall distribute and account for the program funds allocated to the county. (Amended by Stats. 2011, Ch. 459, Sec. 48. (AB 212) Effective October 4, 2011.)
  139. 16604.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

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    Counties must spend at least 20% of allocated funds in each listed category, unless the department authorizes a temporary shortfall for good cause.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16604. (a) Except as provided in subdivision (b), counties shall spend a minimum of 20 percent of its allocated funds in each of the following categories, for a total of 80 percent: (1) Family support services. (2) Family preservation services. (3) Family reunification services. (4) Adoption promotion and support services. (b) A county may be authorized to spend less than 20 percent of funds in one or more of the categories identified in subdivision (a) for a limited time period, provided that the department determines in writing that good cause exists for the county’s expenditures and determines the date by which the county shall fully comply with subdivision (a). The department may disallow a county’s claims for costs under this section if the county’s expenditure of funds, as specified in subdivision (a), does not conform to its approved county plan. (c) Counties may expend the remaining 20 percent of funds not expended pursuant to subdivision (a) and any funds identified in subdivision (b), for any of the categories identified in subdivision (a). (Amended by Stats. 2018, Ch. 910, Sec. 51. (AB 1930) Effective January 1, 2019.)
  140. 16604.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

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    Counties must consider including an in-home assessment of substance-exposed infants after hospital release when preparing their needs assessments and implementation plans.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16604.5. When preparing their needs assessments and plans to implement the federal Family Preservation and Support Act (Sections 430 to 435, inclusive, of the Social Security Act (Subpart 2 (commencing with Section 629) of Part B of Subchapter 4 of Chapter 7 of Title 42 of the United States Code), as contained in the Omnibus Reconciliation Act of 1993 (Public Law 103-66)), counties shall consider providing an in-home assessment of substance-exposed infants after release from a hospital, as part of the protocols of Section 123605 of the Health and Safety Code. These assessments may be funded using federal Promoting Safe and Stable Families funding, to the extent they are identified in a county’s needs assessment and are part of a county’s program plan, and federal Promoting Safe and Stable Families funds are available for this purpose. (Amended by Stats. 2011, Ch. 459, Sec. 51. (AB 212) Effective October 4, 2011.)
  141. 16605.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. )

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    This section sets requirements for counties that join the Kinship Support Services Program and requires the program to provide family support services, technical assistance, and certain fiscal compliance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.4. FAMILY PRESERVATION SERVICES [16600 - 16605] ( Part 4.4 added by Stats. 1994, Ch. 961, Sec. 6. ) ## 16605. (a) The Kinship Support Services Program provides community-based family support services to relative caregivers and the children placed in their homes by the juvenile court or who are at risk of dependency or delinquency. Relatives with children in voluntary placements may access services, at the discretion of the county. (b) The counties that elect to participate in the Kinship Support Services Program shall meet the following conditions and requirements: (1) Have a demonstrated capacity for collaboration and interagency coordination. (2) Have a viable plan for ongoing financial support of the local kinship support services program. (3) Utilize relative caregivers as employees of the program. (4) Have strong and viable public or private agencies to operate the program. (5) Describe how the county will develop and maintain the necessary community supports. (c) The Kinship Support Services Program shall demonstrate the use of supportive services provided to relative caregivers and children placed in their homes using a community-based kinship support services model. This model shall provide services to relative caregivers that are aimed at helping to ensure permanent family kinship placements for children who have been placed with them by the juvenile court, and to provide family support services that will eliminate the need for juvenile court jurisdiction and the provision of services by the county welfare department. (d) The program shall provide family support services appropriate for the target populations. These services may include, but are not limited to, the following: (1) Assessment and case management. (2) Social services referral and intervention aimed at maintaining the kinship family unit, for example, housing, homemaker services, respite care, legal services, and day care. (3) Transportation for medical care and educational and recreational activities. (4) Information and referral services. (5) Individual and group counseling in the area of parent-child relationships and group conflict. (6) Counseling and referral services aimed at promoting permanency, including kinship adoption and guardianship. (7) Tutoring and mentoring. (e) The Edgewood Center for Children and Families in San Francisco or any other appropriate agency or individual approved by the department in consultation with participating counties shall provide technical assistance to the Kinship Support Services Program and shall facilitate the sharing of information and resources among the programs. (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. 2012, Ch. 35, Sec. 143. (SB 1013) Effective June 27, 2012.)
  142. 16800.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    The State Department of Health Services must set data collection and reporting requirements for counties to report health expenditures each year.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16800.5. The State Department of Health Services shall establish data collection and reporting requirements for counties to annually report health expenditures. (Added by Stats. 1992, Ch. 719, Sec. 5. Effective September 15, 1992.)
  143. 16800.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    Agencies that audit or inspect grants or subventions under the listed programs should cooperate and combine efforts to do one fiscal or compliance audit when practicable and consistent with federal law.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16800.7. Agencies responsible for conducting fiscal or program audits or inspections of grants or subventions pursuant to any of the following provisions shall, to the extent practicable and consistent with federal law, endeavor to cooperate and consolidate efforts so as to conduct a single fiscal or compliance audit for any program affected by these provisions, thereby maximizing audit efficiency and minimizing the inconvenience to the program being audited: (a) The Child Health Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code). (b) The Maternal and Child Health program as set forth in subdivision (c) of Section 27 of the Health and Safety Code. (c) The Tobacco Use Prevention program (Article 1 (commencing with Section 104350) of Chapter 1 of Part 3 of Division 103 of the Health and Safety Code). (d) AIDS programs (former Part 1 (commencing with Section 100) of Division 1 of the Health and Safety Code). (e) The County Health Care for Indigents program (Part 4.7 (commencing with Section 16900)), including, but not limited to, county health care reporting requirements pursuant to Chapter 2 (commencing with Section 16910) and Chapter 2.5 (commencing with Section 16915) of that part. (Amended by Stats. 2006, Ch. 538, Sec. 715. Effective January 1, 2007.)
  144. 16801.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    This section defines key terms used in this part, including county health services, city health services, net county costs, net city costs, the department, and two account names.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16801. The following definitions shall govern the construction of this part, unless the context requires otherwise: (a) “County health services” means public health services, outpatient health services, and inpatient health services provided directly by a local jurisdiction or financed or purchased by a local jurisdiction through grants, contracts, or agreements but shall not include mental health services, alcohol and drug abuse services, and services which were provided in fiscal year 1977–78 but were not part of the reported net county costs for fiscal year 1977–78. (b) “Net county costs for health services” means expenditures for county health services, less revenues received for county health services. (c) “City health services” means public health services, outpatient health services, and inpatient health services provided directly by the city or financed or purchased by the city through grants, contracts, or agreements, but shall not include mental health services, alcohol and drug abuse services, and services which were not provided in the 1977–78 fiscal year but were not part of the reported net county costs for the 1977–78 fiscal year. (d) “Department” means the State Department of Health Services. (e) “Net city costs for health services” means expenditures for city health services, less revenues received for city health services. (f) “Program account” means the County Medical Services Program Account in the County Health Services Fund. (g) “Reserve account” means the County Medical Services Program Reserve Account in the County Health Services Fund. (Amended by Stats. 1991, Ch. 611, Sec. 77. Effective October 7, 1991.)
  145. 16803.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    The County Health Services Fund is created and continuously appropriated to the department. The State Department of Health Services must spend money from the fund without regard to fiscal year.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16803. (a) The County Health Services Fund is hereby created, and notwithstanding Section 13340 of the Government Code, is continuously appropriated to the department, without regard to fiscal years, for the purposes of this part. (b) The expenditure of funds from the County Health Services Fund shall be made by the State Department of Health Services without regard to fiscal year. (Amended by Stats. 1991, Ch. 611, Sec. 78. Effective October 7, 1991.)
  146. 16804.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    A county may not require a fee or charge before providing medically necessary services to people entitled to services under Section 17000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16804.1. (a) No fee or charge shall be required of any person before a county renders medically necessary services to persons entitled to services pursuant to Section 17000. (b) This section is declaratory of existing law and shall not be interpreted to effect a county’s authority to implement a reasonable sliding fee schedule based on ability to pay. (Added by Stats. 1991, Ch. 89, Sec. 200. Effective June 30, 1991.)
  147. 16809.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

    Verify source ↗

    This section lets certain counties join the County Medical Services Program, requires notice and payments, and sets how the program is funded and administered.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16809. (a) (1) The board of supervisors of a county that contracted with the department pursuant to former Section 16709 during the 1990–91 fiscal year and any county with a population under 300,000, as determined in accordance with the 1990 decennial census, by adopting a resolution to that effect, may elect to participate in the County Medical Services Program. The governing board shall have responsibilities for specified health services to county residents certified eligible for those services by the county. (2) The board of supervisors of a county that has contracted with the governing board pursuant to paragraph (1) may also contract with the governing board for the delivery of health care and health-related services to county residents other than under the County Medical Services Program by adopting a resolution to that effect. The governing board shall have responsibilities for the delivery of specified health services to county residents as agreed upon by the governing board and the county. Participation by a county pursuant to this paragraph shall be voluntary, and funds shall be provided solely by the county. (b) The governing board may contract with the department or any other person or entity to administer the County Medical Services Program. (1) If the governing board contracts with the department to administer the County Medical Services Program, that contract shall include, but need not be limited to, all of the following: (A) Provisions for the payment to participating counties for making eligibility determinations as determined by the governing board. (B) Provisions for payment of expenses of the governing board. (C) Provisions relating to the flow of funds from counties’ vehicle license fees, sales taxes, and participation fees and the procedures to be followed if a county does not pay those funds to the program. (D) Those provisions, as applicable, contained in the 1993–94 fiscal year contract with counties under the County Medical Services Program. (E) Provisions for the department to administer the County Medical Services Program pursuant to regulations adopted by the governing board or as otherwise determined by the governing board. (F) Provisions requiring that the governing board reimburse the state costs of providing administrative support to the County Medical Services Program in accordance with amounts determined between the governing board and the department. (2) If the governing board does not contract with the department for administration of the County Medical Services Program, the governing board may contract with the department for specified services to assist in the administration of that program. Any contract with the department under this paragraph shall require that the governing board reimburse the state costs of providing administrative support. (3) The department shall not be liable for any costs related to decisions of the governing board that are in excess of those set forth in the contract between the department and the governing board. (c) Each county intending to participate in the County Medical Services Program pursuant to this section shall submit to the governing board a notice of intent to contract adopted by the board of supervisors no later than April 1 of the fiscal year preceding the fiscal year in which the county will participate in the County Medical Services Program. (d) A county participating in the County Medical Services Program pursuant to this section, or a county contracting with the governing board pursuant to paragraph (2) or (3) of subdivision (a), or participating in a pilot project or contracting with the governing board for an alternative product pursuant to Section 16809.4, shall not be relieved of its indigent health care obligation under Section 17000. (e) (1) The County Medical Services Program Account is established in the County Health Services Fund. The County Medical Services Program Account is continuously appropriated, notwithstanding Section 13340 of the Government Code, without regard to fiscal years. The following amounts may be deposited in the account: (A) Any interest earned upon moneys deposited in the account. (B) Moneys provided by participating counties or appropriated by the Legislature to the account. (C) Moneys loaned pursuant to subdivision (n). (2) The methods and procedures used to deposit funds into the account shall be consistent with the methods used by the program during the 1993–94 fiscal year, unless otherwise determined by the governing board. (f) Moneys in the program account shall be used by the governing board, or by the department if the department contracts with the governing board for this purpose, to pay for health care services provided to the persons meeting the eligibility criteria established pursuant to subdivision (j) and to pay the governing board expenses and program administrative costs. In addition, moneys in this account may be used to reimburse the department for state costs pursuant to subparagraph (F) of paragraph (1) of subdivision (b). (g) (1) Moneys in this account shall be administered on an accrual basis and notwithstanding any other law, except as provided in this section and Section 17605.051, shall not be transferred to any other fund or account in the State Treasury except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (2) (A) All interest or other increment resulting from the investment shall be deposited in the program account, notwithstanding Section 16305.7 of the Government Code. (B) All interest deposited pursuant to subparagraph (A) shall be available to reimburse program-covered services, governing board expenses, and program administrative costs. (h) The governing board shall establish a reserve account for the purpose of depositing funds for the payment of claims and unexpected contingencies. Funds in the reserve account in excess of the amounts the governing board determines necessary for these purposes shall be available for expenditures in years when program expenditures exceed program funds, and to augment the rates, benefits, or eligibility criteria under the program. (i) (1) Counties shall pay participation fees as established by the governing board and their jurisdictional risk amount in a method that is consistent with that established in the 1993–94 fiscal year. (2) A county may request, due to financial hardship, the payments under paragraph (1) be delayed. The request shall be subject to approval by the governing board. (3) Payments made pursuant to this subdivision shall be deposited in the program account, unless otherwise directed by the governing board. (4) Payments may be made as part of the deposits authorized by the county pursuant to Sections 17603.05 and 17604.05. (j) (1) (A) Beginning in the 1992–93 fiscal year and for each fiscal year thereafter, counties and the state shall share the risk for cost increases of the County Medical Services Program not funded through other sources. The state shall be at risk for any cost that exceeds the cumulative annual growth in dedicated sales tax and vehicle license fee revenue, up to the amount of twenty million two hundred thirty-seven thousand four hundred sixty dollars ($20,237,460) per fiscal year, except for the 1999–2000, 2000–01, 2001–02, 2002–03, 2003–04, 2004–05, 2005–06, 2006–07, and 2007–08 fiscal years, and all fiscal years thereafter. Counties shall be at risk up to the cumulative annual growth in the Local Revenue Fund created by Section 17600, according to the table specified in paragraph (2), to the County Medical Services Program, plus the additional cost increases in excess of twenty million two hundred thirty-seven thousand four hundred sixty dollars ($20,237,460) per fiscal year, except for the 1999–2000, 2000–01, 2001–02, 2002–03, 2003–04, 2004–05, 2005–06, 2006–07, and 2007–08 fiscal years, and all fiscal years thereafter. (B) For the 1999–2000, 2000–01, 2001–02, 2002–03, 2003–04, 2004–05, 2005–06, 2006–07, and 2007–08 fiscal years, and all fiscal years thereafter, the state shall not be at risk for any cost that exceeds the cumulative annual growth in dedicated sales tax and vehicle license fee revenue. Counties shall be at risk up to the cumulative annual growth in the Local Revenue Fund created by Section 17600, according to the table specified in paragraph (2), to the County Medical Services Program, plus any additional cost increases for the 1999–2000, 2000–01, 2001–02, 2002–03, 2003–04, 2004–05, 2005–06, 2006–07, and 2007–08 fiscal years, and all fiscal years thereafter. (C) (i) The governing board shall establish uniform eligibility criteria and benefits among all counties participating in the County Medical Services Program listed in paragraph (2). For counties that are not listed in paragraph (2) and that elect to participate pursuant to paragraph (1) of subdivision (a), the eligibility criteria and benefit structure may vary from those of counties participating pursuant to paragraph (2) of subdivision (a). (ii) Notwithstanding clause (i), the governing board may establish and maintain pilot projects to identify or test alternative approaches for determining eligibility or for providing or paying for benefits under the County Medical Services Program, and may develop and implement alternative products with varying levels of eligibility criteria and benefits outside of the County Medical Services Program. (2) For the 1991–92 fiscal year, and each fiscal year thereafter, jurisdictional risk limitations shall be as follows: Jurisdiction Amount Alpine ........................ $ 13,150 Amador ........................ 620,264 Butte ........................ 5,950,593 Calaveras ........................ 913,959 Colusa ........................ 799,988 Del Norte ........................ 781,358 El Dorado ........................ 3,535,288 Glenn ........................ 787,933 Humboldt ........................ 6,883,182 Imperial ........................ 6,394,422 Inyo ........................ 1,100,257 Kings ........................ 2,832,833 Lake ........................ 1,022,963 Lassen ........................ 687,113 Madera ........................ 2,882,147 Marin ........................ 7,725,909 Mariposa ........................ 435,062 Mendocino ........................ 1,654,999 Modoc ........................ 469,034 Mono ........................ 369,309 Napa ........................ 3,062,967 Nevada ........................ 1,860,793 Plumas ........................ 905,192 San Benito ........................ 1,086,011 Shasta ........................ 5,361,013 Sierra ........................ 135,888 Siskiyou ........................ 1,372,034 Solano ........................ 6,871,127 Sonoma ........................ 13,183,359 Sutter ........................ 2,996,118 Tehama ........................ 1,912,299 Trinity ........................ 611,497 Tuolumne ........................ 1,455,320 Yuba ........................ 2,395,580 (3) Beginning in the 1991–92 fiscal year and in subsequent fiscal years, the jurisdictional risk limitation for the counties that did not contract with the department pursuant to former Section 16709 during the 1990–91 fiscal year shall be the amount specified in subparagraph (A) plus the amount determined pursuant to subparagraph (B), minus the amount specified by the governing board as participation fees. (A) Jurisdiction Amount Merced ........................ 2,033,729 Placer ........................ 1,338,330 San Luis Obispo ........................ 2,000,491 Santa Cruz ........................ 3,037,783 Yolo ........................ 1,475,620 (B) The amount of funds necessary to fully fund the anticipated costs for the county shall be determined by the governing board before a county is permitted to participate in the County Medical Services Program. (4) The specific amounts and method of apportioning risk to each participating county may be adjusted by the governing board. (k) The Legislature hereby determines that an expedited contract process for contracts under this section is necessary. Contracts under this section shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. Contracts of the department pursuant to this section shall have no force or effect unless they are approved by the Department of Finance. (l) The state shall not incur any liability except as specified in this section. (m) Third-party recoveries for services provided under this section may be pursued. (n) The Department of Finance may authorize a loan of up to thirty million dollars ($30,000,000) for deposit into the program account to ensure that there are sufficient funds available to reimburse providers and counties pursuant to this section. (o) Moneys appropriated from the General Fund to meet the state risk, as set forth in subparagraph (A) of paragraph (1) of subdivision (j), shall not be available for those counties electing to disenroll from the County Medical Services Program. (p) Notwithstanding any other law, the Controller may use the moneys in the County Medical Services Program Account for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the County Medical Services Program Account. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the County Medical Services Program Account was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 25. Effective February 20, 2009.)
  148. 16809.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    Counties must pay specified amounts to the governing board to participate in the County Medical Services Program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16809.3. (a) Beginning in the 1991–92 fiscal year, and in subsequent fiscal years, a county shall pay the amount listed below or as established by the governing board pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 16809.4, to the governing board as a condition of participation in the County Medical Services Program administered pursuant to Section 16809: Jurisdiction Amount Alpine ........................ $ 661 Amador ........................ 17,107 Butte ........................ 459,610 Calaveras ........................ 30,401 Colusa ........................ 28,997 Del Norte ........................ 39,424 El Dorado ........................ 233,492 Glenn ........................ 33,989 Humboldt ........................ 430,851 Imperial ........................ 249,786 Inyo ........................ 18,950 Kings ........................ 195,053 Lake ........................ 150,278 Lassen ........................ 17,206 Madera ........................ 151,434 Marin ........................ 576,233 Mariposa ........................ 5,649 Mendocino ........................ 247,578 Modoc ........................ 9,688 Mono ........................ 25,469 Napa ........................ 142,767 Nevada ........................ 42,051 Plumas ........................ 23,796 San Benito ........................ 37,018 Shasta ........................ 294,369 Sierra ........................ 6,183 Siskiyou ........................ 48,956 Solano ........................ 809,548 Sonoma ........................ 718,947 Sutter ........................ 188,781 Tehama ........................ 79,950 Trinity ........................ 8,319 Tuolumne ........................ 34,947 Yuba ........................ 101,907 (b) Beginning in the 1991–92 fiscal year and in subsequent fiscal years, counties that did not contract with the department pursuant to Section 16709 during the 1990–91 fiscal year shall pay the following amount listed below or as established by the governing board pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 16809.4, to the governing board as a condition of participation in the County Medical Services Program, administered pursuant to Section 16809: Jurisdiction Amount Merced ........................ $488,954 Placer ........................ 247,193 San Luis Obispo ........................ 358,571 Santa Cruz ........................ 678,868 Yolo ........................ 532,510 (c) (1) County amounts specified in subdivisions (a) and (b) shall be paid to the governing board in 12 equal monthly payments or as otherwise specified by the governing board. Subject to paragraphs (2) and (3), a county that does not pay the amounts specified in subdivision (a) or (b) may be terminated from participation in the program. (2) A county may request, due to financial hardship, that payments specified under subdivisions (a) and (b) be delayed. The request shall be subject to the approval of the governing board. (3) For the 1991–92 fiscal year and subsequent fiscal years, counties that enter the County Medical Services Program shall pay the amount specified in subdivision (a) or (b), as applicable, on a prorated basis, for the number of contracted months of participation in the County Medical Services Program. (d) The payments required by subdivision (c) shall not be paid for with funds from the health account of the local health and welfare trust fund established pursuant to Section 17600.10. (Amended by Stats. 2007, Ch. 130, Sec. 256. Effective January 1, 2008.)
  149. 16809.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

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    This section lets participating counties set up a County Medical Services Program Governing Board, gives that board operating powers, and sets rules for board membership, meetings, regulations, and claim notices.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16809.4. (a) Counties voluntarily participating in the County Medical Services Program pursuant to Section 16809 may establish the County Medical Services Program Governing Board pursuant to procedures contained in this section. The governing board shall govern the County Medical Services Program. (b) The membership of the governing board shall be comprised of all of the following: (1) Three members who shall each be a member of a county board of supervisors. (2) Three members who shall be county administrative officers. (3) Two members who shall be county welfare directors. (4) Two members who shall be county health officials. (5) One member who shall be the Secretary of the Health and Welfare Agency, or the secretary’s designee, and who shall serve as an ex officio, nonvoting member. (c) The governing board may establish its own bylaws and operating procedures. (d) The voting membership of the governing board shall meet all of the following requirements: (1) All of the members shall hold office or employment in counties that participate in the County Medical Services Program. (A) The three county supervisor members shall be elected by the boards of supervisors of the CMSP counties, with each county having one vote and convened at the call of the chair of the governing board. (B) The three county administrative officers shall be elected by the administrative officers of the CMSP counties convened at the call of the chair of the governing board. (C) The two county health officials shall be selected by the health officials of the CMSP counties convened at the call of the chair of the governing board. (D) The two county welfare directors shall be elected by the welfare directors of the CMSP counties convened at the call of the chair of the governing board. (2) Governing board members shall serve three-year terms. (3) No two persons from the same county may serve as members of the governing board at the same time. (4) The governing board may elect a permanent chair. (e) (1) The governing board is hereby established with the following powers: (A) Determine program eligibility and benefit levels. (B) Establish reserves and participation fees. (C) Establish procedures for the entry into, and disenrollment of counties from, the County Medical Services Program. Disenrollment procedures shall be fair and equitable. (D) Establish cost containment and case management procedures, including, but not limited to, alternative methods for delivery of care and alternative methods and rates from those used by the department. (E) Sue and be sued in the name of the governing board. (F) Apportion jurisdictional risk to each county. (G) Utilize procurement policies and procedures of any of the participating counties as selected by the governing board. (H) Make rules and regulations. (I) Make and enter into contracts or stipulations of any nature with a public agency or person for the purposes of governing or administering the County Medical Services Program. (J) Purchase supplies, equipment, materials, property, or services. (K) Appoint and employ staff to assist the governing board. (L) Establish rules for its proceedings. (M) Accept gifts, contributions, grants, or loans from any public agency or person for the purposes of this program. (N) Negotiate and set rates, charges, or fees with service providers, including alternative methods of payment to those used by the department. (O) Establish methods of payment that are compatible with the administrative requirements of the department’s fiscal intermediary during the term of any contract with the department for the administration of the County Medical Services Program. (P) Use generally accepted accounting procedures. (Q) Develop and implement procedures and processes to monitor and enforce the appropriate billing and payment of rates, charges, and fees. (R) Investigate and pursue repayment of fees billed and paid through improper means, including, but not limited to, fraudulent billing and collection practices by providers. (S) Pursue third-party recoveries and estate recoveries for services provided under the County Medical Services Program, including the filing and perfecting of liens to secure reimbursement for the reasonable value of benefits provided. (T) Establish and maintain pilot projects to identify or test alternative approaches for determining eligibility or for providing or paying for services. (U) Establish provisions for payment to participating counties for making eligibility determinations, as determined by the governing board. (V) Develop and implement alternative products with varying levels of eligibility criteria and benefits outside of the County Medical Services Program for counties contracting with the governing board for those products, provided that any alternative products shall be funded separately from the County Medical Services Program and shall not impair the financial stability of that program. (2) The Legislature finds and declares that the amendment of subparagraph (N) of paragraph (1) in 1995, and the addition of subparagraphs (Q), (R), (S), (T), and (U) in 2006, are declaratory of existing law. (f) (1) The governing board shall be considered a “public entity” for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, and a “local public entity” for purposes of Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, but shall not be considered a “state agency” for purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be exempt from that chapter. No participating county shall have any liability for civil judgments awarded against the County Medical Services Program or the governing board. Nothing in this paragraph shall be construed to expand the liability of the state with respect to the County Medical Services Program beyond that set forth in Section 16809. Nothing in this paragraph shall be construed to relieve any county of the obligation to provide health care to indigent persons pursuant to Section 17000, or the obligation of any county to pay its participation fees and share of apportioned and allocated risk. (2) Before initiating any proceeding to challenge rates of payment, charges, or fees set by the governing board, to seek reimbursement or release of any funds from the County Medical Services Program, or to challenge any other action by the governing board, any prospective claimant shall first notify the governing board, in writing, of the nature and basis of the challenge and the amount claimed. The governing board shall consider the matter within 60 days after receiving the notice and shall promptly thereafter provide written notice of the governing board’s decision. If the governing board contracts with the department for administration of the program in accordance with Section 16809, this paragraph shall have no application to provider audit appeals conducted pursuant to Article 1.5 (commencing with Section 51016) of Chapter 3 of Division 3 of Title 22 of the California Code of Regulations and shall apply to all claims not reviewed pursuant to Section 51003 or 51015 of Title 22 of the California Code of Regulations. (3) All regulations adopted by the governing board shall clearly specify by reference the statute, court decision, or other provision of law that the governing board is seeking to implement, interpret, or make specific by adopting, amending, or repealing the regulation. (4) No regulation adopted by the governing board is valid and effective unless the regulation meets the standards of necessity, authority, clarity, consistency, and nonduplication, as defined in paragraph (5). (5) The following definitions govern the interpretation of this subdivision: (A) “Necessity” means the record of the regulatory proceeding that demonstrates by substantial evidence the need for the regulation. For purposes of this standard, evidence includes, but is not limited to, facts, studies, and expert opinion. (B) “Authority” means the provision of law that permits or obligates the CMSP Governing Board to adopt, amend, or repeal a regulation. (C) “Clarity” means that the regulation is written or displayed so that the meaning of the regulation can be easily understood by those persons directly affected by it. (D) “Consistency” means being in harmony with, and not in conflict with, or contradictory to, existing statutes, court decisions, or other provisions of law. (E) “Nonduplication” means that a regulation does not serve the same purpose as a state or federal statute or another regulation. This standard requires that the governing board identify any state or federal statute or regulation that is overlapped or duplicated by the proposed regulation and justify any overlap or duplication. This standard is not intended to prohibit the governing board from printing relevant portions of enabling legislation in regulations when the duplication is necessary to satisfy the clarity standard in subparagraph (C). This standard is intended to prevent the indiscriminate incorporation of statutory language in a regulation. (g) The requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) shall apply to the meetings of the governing board, including meetings held pursuant to subdivision (i), except the board may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations with providers of health care services. (h) (1) The governing board shall comply with the following procedures for public meetings held to eliminate or reduce the level of services, restrict eligibility for services, or adopt regulations: (A) Provide prior public notice of those meetings. (B) Provide that notice not less than 30 days prior to those meetings. (C) Publish that notice in a newspaper of general circulation in each participating CMSP county. (D) Include in the notice, at a minimum, the amount and type of each proposed change, the expected savings, and the number of persons affected. (E) Either hold those meetings in the county seats of at least four regionally distributed CMSP participating counties, or, alternatively, hold two meetings in Sacramento County. (2) For meetings held outside Sacramento County, the requirements for public meetings pursuant to this subdivision to eliminate or reduce the level of services, or to restrict the eligibility for services or hear testimony regarding regulations to implement any of these service charges, are satisfied if at least three voting members of the governing board hold the meetings as required and report the testimony from those meetings to the full governing board at its next regular meeting. No action shall be taken at any meeting held outside Sacramento County pursuant to this paragraph. (i) Records of the County Medical Services Program and of the governing board that relate to rates of payment or to the board’s negotiations with providers of health care services or to the governing board’s deliberative processes regarding either shall not be subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (j) The following definitions shall govern the construction of this part, unless the context requires otherwise: (1) “CMSP” or “program” means the County Medical Services Program, which is the program by which health care services are provided to eligible persons in those counties electing to participate in the CMSP pursuant to Section 16809. (2) “CMSP county” means a county that has elected to participate pursuant to Section 16809 in the CMSP. (3) “Governing Board” means the County Medical Services Program Governing Board established pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 461. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  150. 16809.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

    Verify source ↗

    Certain appropriated funds must be allocated monthly, may be spent on specified health-care and access purposes, and may not be used to fund existing levels of service.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16809.5. (a) Funds appropriated for the purposes of this section shall be allocated on a monthly basis. (b) Money allocated for the purposes of this section may be used to expand the scope of benefits, to fund special projects which alleviate problems of access to health and dental care under the County Medical Services Program and to compensate hospitals and other emergency health service providers for emergency treatment of out-of-county indigent patients and shall not be used to fund existing levels of service. (c) Funds available from appropriations for the purposes of this chapter may be utilized to fund increased program costs due to caseload increases and provider rate increases. (Amended by Stats. 1997, Ch. 294, Sec. 79. Effective August 18, 1997.)
  151. 16812.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

    Verify source ↗

    The State Department of Health Services must adopt regulations needed to implement this part and may do so on an emergency basis.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16812. The State Department of Health Services, in consultation with the local jurisdictions, shall adopt any regulations necessary to implement this part. The department may adopt these regulations on an emergency basis pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, or safety. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department in order to implement this part shall not be subject to the review and approval of the Office of Administrative Law. These regulations shall become effective immediately upon filing with the Secretary of State. (Amended by Stats. 1993, Ch. 589, Sec. 201. Effective January 1, 1994.)
  152. 16817.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

    Verify source ↗

    A county may contract with selected health care providers, negotiate payment terms, and require certain residents to use county facilities or selected providers, but it cannot be required to pay for services unless there is a contract or specific authorization to pay.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16817. Notwithstanding any other provision of law, a county may enter into contracts with selected providers to provide health care services in expending funds provided pursuant to this part and Part 5 (commencing with Section 17000). The county may negotiate such reimbursement or payment arrangements it desires in such contracts. A county shall not be obligated to pay for health care services unless pursuant to a contract or the county has specifically authorized such services and agreed to payment. All such contracts shall be available for review by the department. A county may require county residents specified in this part and Part 5 to use county facilities or county selected providers. This section may not be construed to limit a county’s existing obligations to furnish health care. Any county may also elect to act jointly on a regional basis with other counties in assuming the program responsibilities. (Amended by Stats. 1991, Ch. 611, Sec. 84. Effective October 7, 1991.)
  153. 16818.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. )

    Verify source ↗

    Facilities treating persons under Section 17000 must give individual notice of reduced-cost health care when treatment is sought and post conspicuous application notices in emergency rooms and patient waiting rooms.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.6. LOCAL HEALTH CARE BUDGETING [16800.5 - 16818] ( Part 4.6 added by Stats. 1991, Ch. 89, Sec. 200. ) ## 16818. (a) Each facility treating persons pursuant to Section 17000 shall provide, at the time treatment is sought, individual notice of the availability of reduced cost health care. In addition, conspicuous posted notices of the procedures for applying for reduced cost health care shall be displayed in all emergency rooms and patient waiting rooms of each facility treating persons pursuant to Section 17000. (b) This section is declaratory of existing law and shall not be interpreted to constitute a new mandate. (Added by Stats. 1991, Ch. 89, Sec. 200. Effective June 30, 1991.)
  154. 16900.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The chapter’s definitions control how this part is read, unless the 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 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16900. Unless the context otherwise requires, the definitions set forth in this chapter shall govern the construction of this part. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  155. 16901.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    A “CMSP county” is a county that has elected to participate in the CMSP under Section 16809.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16901. “CMSP county” means a county that has elected to participate in the CMSP pursuant to Section 16809. (Amended by Stats. 2006, Ch. 348, Sec. 5. Effective January 1, 2007.)
  156. 16902.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    In this section, “Department” means the State Department of Health Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16902. “Department” means the State Department of Health Services. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  157. 16903.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section defines “Fund” as the Cigarette and Tobacco Products Surtax Fund.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16903. “Fund” means the Cigarette and Tobacco Products Surtax Fund. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  158. 16904.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    “Hospital services” means services provided by licensed public and private hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16904. “Hospital services” means services provided by public and private hospitals licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  159. 16905.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    “MISP county” means a county that runs its own indigent health services program, either directly or through selected providers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16905. “MISP county” means a county which administers, either directly or through contracts with selected providers, its own indigent health services program. (Amended by Stats. 1991, Ch. 1170, Sec. 16. Effective October 14, 1991.)
  160. 16905.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section defines “obstetric services” as pregnancy diagnosis and other medical services provided by a licensed physician to pregnant women during pregnancy, from conception until 90 days after the end of the month the pregnancy ends.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16905.5. “Obstetric services” means the diagnosis of pregnancy and all other medical services provided by a licensed physician to pregnant women during their pregnancies from the time of conception until 90 days following the end of the month in which the pregnancy ends. (Added by Stats. 1990, Ch. 51, Sec. 22. Effective April 18, 1990.)
  161. 16906.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    “Office” means the Office of Statewide Health Planning and Development.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16906. “Office” means the Office of Statewide Health Planning and Development. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  162. 16907.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    “Pediatric services” means medical services provided by a licensed physician to people from birth to age 21, and includes attendance at labor and delivery.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16907.5. “Pediatric services” means all medical services rendered by any licensed physician to persons from birth to 21 years of age, and shall include attendance at labor and delivery. (Added by Stats. 1990, Ch. 51, Sec. 23. Effective April 18, 1990.)
  163. 16908.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section defines “physician services” as services provided by a licensed physician.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16908. “Physician services” means services provided by a licensed physician. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  164. 16908.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Patients who meet the charity care definition qualify for the use of funds 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 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1. General [16900 - 16908.5] ( Chapter 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16908.5. For purposes of paragraph (1) of subdivision (b) of Section 16946 and the funds determined by Section 16932, and distributed pursuant to paragraph (1) of subdivision (b) of Section 16946, and the application of paragraph (3) of subdivision (d) of Section 16946 to these funds, all patients which meet the Office of Statewide Health Planning and Development’s definition of charity care as prescribed under subdivision (d) of Section 128740 of the Health and Safety Code qualify for the use of funds under this chapter. (Amended by Stats. 1996, Ch. 1023, Sec. 488. Effective September 29, 1996.)
  165. 16909.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1.5. Administration of Funds [16909 - 16909.1] ( Chapter 1.5 added by Stats. 1990, Ch. 51, Sec. 25. )

    Verify source ↗

    Counties receiving these funds must place them in specified accounts before spending or transferring them, and they must file required cost-and-utilization reports.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1.5. Administration of Funds [16909 - 16909.1] ( Chapter 1.5 added by Stats. 1990, Ch. 51, Sec. 25. ) ## 16909. (a) Any county which receives funds pursuant to this part shall deposit them in a special revenue fund or trust fund established solely for this purpose, in a hospital services account, a physician services account, and other county health services account, and any other account or subaccount the department may require, before transferring or expending them for any of the uses allowed in this part. (b) Any county subject to the requirements of subdivision (a) shall deposit the funds in the special revenue fund or trust fund before transferring the funds to the county emergency medical services fund, as provided in subdivision (c) of Section 16933 and Section 16951. (c) (1) Interest on each fund, account, or subaccount shall accrue to the benefit of the fund, account, or subaccount, and shall be expended for the same purposes as the other funds in the account or subaccount. (2) Interest or other increments resulting from funds transferred to the county for noncounty hospitals pursuant to paragraph (1) or (2) of subdivision (b) of Section 16946 shall be expended under paragraph (1) or (2) of subdivision (b) of Section 16946. (d) Counties shall submit a report that displays cost and utilization data for each account in the trust fund established pursuant to this section, to the department on a semiannual, preliminary annual, and final annual basis, in a form prescribed by the department. (e) Data required by subdivision (d) shall include, but not be limited to, all of the following: (1) For the Hospital Services Account, the data shall include all of the following: (A) Inpatient stay, including child health and disability prevention followup treatment, including the following information: (i) Facility name. (ii) Amount paid by the county. (iii) Number of discharges. (iv) Patient days. (B) Outpatient visits, including child health and disability prevention followup treatment, including the following information: (i) Facility name. (ii) Amount paid by the county. (iii) Number of visits. (C) Emergency room. (i) Facility name. (ii) Amount paid by the county. (iii) Number of visits. (2) For the Physician Services Account, the data shall include all of the following: (A) Emergency services, including the following information: (i) The number of providers. (ii) The number of visits. (iii) The amount paid by the county. (B) Obstetrics, including the following information: (i) The number of providers. (ii) The number of visits. (iii) The amount paid by the county. (C) Pediatrics, including the following information: (i) The number of providers. (ii) The number of visits. (iii) The amount paid by the county. (D) Child health and disability prevention followup treatment, including the following information: (i) The number of providers. (ii) The number of visits. (iii) The amount paid by the county. (3) For the other county health services account, the data shall include all of the following: (A) For funds expended for hospital services, those data in paragraph (1) of subdivision (e). (B) For funds expended for physician services, those data in paragraph (2) of subdivision (e). (C) For funds expended for services other than those provided and billed for by a hospital or physician, the data shall include: (i) The number of providers by type of service. (ii) The number of visits or units, or both, by type of service. (iii) The amount paid by the county by type of service. (D) Child health and disability prevention followup treatment, including the following information: (i) The number of providers. (ii) The number of visits. (iii) The amount paid by the county. (f) The Director of Health Services shall withhold, in part or in whole, payment of moneys governed by Chapter 4 (commencing with Section 16930) and Chapter 5 (commencing with Section 16940) of this part to a county, until the reports specified in this section have been submitted to the department in the form and according to the procedures established by the department. (Amended by Stats. 1997, Ch. 294, Sec. 80. Effective August 18, 1997.)
  166. 16909.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1.5. Administration of Funds [16909 - 16909.1] ( Chapter 1.5 added by Stats. 1990, Ch. 51, Sec. 25. )

    Verify source ↗

    County administrative costs for administering certain Section 16909 funds must be reimbursed from the specific fund, except as provided in subdivision (b).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 1.5. Administration of Funds [16909 - 16909.1] ( Chapter 1.5 added by Stats. 1990, Ch. 51, Sec. 25. ) ## 16909.1. (a) Except as provided in subdivision (b), county adminstrative costs associated with the administration of each special revenue fund, trust fund, account, or subaccount required by Section 16909 shall be reimbursed from the specific fund, account, or subaccount. (b) Funds allocated pursuant to paragraph (1) of subdivision (b) of Section 16946 shall not be reduced or utilized to offset the costs of administering the hospital services account. (Amended by Stats. 1990, Ch. 430, Sec. 3. Effective July 26, 1990.)
  167. 16910.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2. County Health Services Reporting [16910- 16910.] ( Chapter 2 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    County medically indigent care reporting funds must be used for reporting-system development and implementation, with counties required to finish implementation by July 1, 1991 unless the department approves an amended plan meeting a December 31, 1991 deadline.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2. County Health Services Reporting [16910- 16910.] ( Chapter 2 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16910. (a) (1) Funds appropriated for the purposes of this chapter shall be used for the development and implementation of county medically indigent care reporting systems which will provide data on all persons served and services provided pursuant to Section 17000. (2) Funds appropriated for the purposes of this chapter shall be available for implementation of county medically indigent care reporting systems for the 1989–90 and 1990–91 fiscal years and for the first six months of the 1991–92 fiscal year. (b) Use of these moneys shall be limited to one-time costs for equipment purchases, system design and development, and necessary system testing and implementation costs. (c) Counties shall complete implementation of the medically indigent care reporting system by July 1, 1991, unless an amendment to its existing implementation plan and timeline is approved by the department that ensures full implementation of the county’s medically indigent reporting system no later than December 31, 1991. (Amended by Stats. 1991, Ch. 278, Sec. 15. Effective July 30, 1991.)
  168. 16915.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2.5. County Reporting Requirements [16915 - 16916] ( Chapter 2.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Counties receiving an allocation under this part must report indigent health care demographic, expenditure, and utilization data to the department and keep patient-specific data for 24 months; reports must be in the department’s required machine-readable format.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2.5. County Reporting Requirements [16915 - 16916] ( Chapter 2.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16915. (a) Any county receiving an allocation pursuant to this part shall, at a minimum, report to the department all indigent health care program demographic, expenditure, and utilization data, in a manner that will provide an unduplicated count of users, as follows: (1) The following patient demographic data: (A) Age. (B) Sex. (C) Ethnicity. (D) Family size. (E) Monthly income. (F) Source of income, according to the following categories: (i) Disability income. (ii) Employment. (iii) Retirement. (iv) General assistance. (v) Other. (G) Type of employment, according to the following categories: (i) Agriculture. (ii) Labor and production. (iii) Professional and technical. (iv) Service. (v) Nonemployed. (H) Payer source, according to the following categories: (i) Private insurance. (ii) County program. (iii) Self-pay. (iv) Other. (I) ZIP Code of residence. (2) Indigent health care expenditure data, including all of the following: (A) Inpatient hospital services, according to the following categories: (i) County hospital. (ii) Contract hospital. (iii) University teaching hospital. (iv) Other, noncontract hospital. (v) Diagnostic category, as defined by the International Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM). (B) Outpatient services, according to the following categories: (i) Hospital outpatient. (ii) Freestanding community clinic. (iii) Primary care physician. (iv) Nonemergency services rendered in an emergency room environment. (v) Type of service. (C) Emergency room services, according to the following categories: (i) Emergency services. (ii) Emergency services which result in a hospital admission. (iii) Emergency services, which are rendered in a noncounty, noncontract hospital and result in a transfer of the patient to a county or contract hospital. (3) Indigent health care utilization data. (A) Inpatient hospital services, according to the following categories: (i) County hospital days and discharges. (ii) Contract hospital days and discharges. (iii) University teaching hospital days and discharges. (iv) Other, noncontract hospital days and discharges. (B) Outpatient services, according to the following categories: (i) Hospital outpatient visits. (ii) Freestanding community clinic visits. (iii) Primary care physician visits. (iv) Visits to a hospital emergency room for nonemergency services. (C) Emergency room services, according to the following categories: (i) Visits for emergency services in a county hospital. (ii) Visits for emergency services in a contract hospital. (iii) Visits for emergency services in a noncounty, noncontract hospital. (iv) Visits for emergency services which result in an admission in a county hospital. (v) Visits for emergency services which result in an admission to a contract hospital. (vi) Visits for emergency services which result in an admission to a noncounty, noncontract hospital. (D) Visits for emergency services which are rendered in a noncounty, noncontract hospital and result in a transfer of the patient to a county or contract hospital. (4) Geographic location of rendered services. (A) Inpatient hospital services, according to the following categories: (i) County hospital. (ii) Contract hospital. (iii) University teaching hospital. (iv) Other, noncontract hospital. (B) Outpatient services, according to the following categories: (i) Hospital outpatient. (ii) Freestanding community clinic. (iii) Primary care physician. (iv) Nonemergency services rendered in an emergency room environment. (C) Emergency room services. (5) Expenditure and utilization data for persons with acquired immunodeficiency syndrome (AIDS) and AIDS-related complex. (A) Total number of patients. (B) Number of inpatient users. (C) Number of discharges. (D) Total inpatient days. (E) Total inpatient expenditures. (F) Number of outpatient users. (G) Number of outpatient visits. (H) Total outpatient expenditures. (I) Number of emergency room users. (J) Number of emergency room visits. (K) Total emergency room expenditures. (b) Counties shall report demographic, cost and utilization data on indigent health care to the department as follows: (1) An actual annual report no later than 360 days after the last day of the year to be reported. (2) Counties shall maintain all patient-specific data collected through the medically indigent care reporting system for a period of 24 months after the last day of the fiscal year for which the data was collected. (3) Reports shall be submitted on machine readable media, on 51/4 inch or 31/2 inch diskette, in the format specified by the department. (c) Counties that are eligible to participate in the CMSP pursuant to Section 16809 that do not operate a county hospital and that elect to enter into a contract with the department to administer the noncounty hospital portion of the Hospital Services Account, pursuant to Section 16934.7, and the Physician Services Account, pursuant to subdivision (c) of Section 16952, are not required to report indigent health care program demographic, cost, and utilization data pursuant to this section. (d) The department shall collect the data specified in subdivision (a) for services paid for through the hospital contract-back and physician services contract-back programs specified in Section 16934.7 and subdivision (c) of Section 16952. (e) The data specified in subparagraphs (D), (E), (F), and (G) of paragraph (1) of subdivision (a) for services paid for with funds specified under subparagraph (A) of paragraph (1) of subdivision (b) of Section 16946 and funds administered pursuant to Article 3.5 (commencing with Section 16951) of Chapter 5 are not required to be reported to the department pursuant to this section. (Amended by Stats. 2007, Ch. 577, Sec. 20. Effective October 13, 2007.)
  169. 16916.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2.5. County Reporting Requirements [16915 - 16916] ( Chapter 2.5 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The department must withhold county payments if the county does not submit the required reports and data on the schedule in Section 16915.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 2.5. County Reporting Requirements [16915 - 16916] ( Chapter 2.5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16916. The department shall withhold payments to a county pursuant to this part if the county fails to provide the reports and data required by this chapter according to the schedule specified in subdivisions (a) and (b) of Section 16915. (Amended by Stats. 1991, Ch. 1170, Sec. 18. Effective October 14, 1991.)
  170. 16920.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    This section states the Legislature’s intent to distribute Hospital Services Account revenues to counties and noncounty hospitals that provided uncompensated care to unsponsored patients, and it requires the office to use published 1988 quarterly data for that calculation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16920. (a) It is the intention of the Legislature to appropriate a portion of the 1988–89 fiscal year one-time revenues from the Hospital Services Account for distribution to each county and noncounty hospital which provides uncompensated care to unsponsored patients, with payments based upon the proportion of each hospital’s share of the 1988 calendar year statewide total of uncompensated care rendered to unsponsored patients. (b) It is the intention of the Legislature to partially and proportionately compensate each hospital that provides care to unsponsored patients and to provide an economic incentive for all hospitals to provide, maintain, and enhance access to care. (c) For purposes of this section, “uncompensated care charges” means the sum of the charges related to patients falling within charity care and 50 percent of bad debts, as reported quarterly to the office pursuant to Section 128740 of the Health and Safety Code. The office shall use the data as published by the office for each quarter of 1988. (d) As used in this section, “uncompensated care costs” means that amount calculated by applying an overall hospital cost-to-charge ratio, calculated by dividing gross operating expenses by gross inpatient and outpatient revenue, as reported quarterly to the office, to uncompensated charges. (Amended by Stats. 1996, Ch. 1023, Sec. 489. Effective September 29, 1996.)
  171. 16921.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    Appropriated funds for this chapter are to be allocated and disbursed to county and noncounty hospitals that meet at least one listed requirement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16921. Funds appropriated for the purposes of this chapter shall be allocated and disbursed to county and noncounty hospitals which meet any of the following requirements: (a) Operate an emergency room pursuant to Section 1317 of the Health and Safety Code. (b) Adhere to the emergency care requirements of subdivision (e) of Section 1317 of the Health and Safety Code. (c) Treat county indigent patients. (d) Are childrens’ hospitals for purposes of this part. (e) Are small and rural hospitals as defined in Section 124840 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 490. Effective September 29, 1996.)
  172. 16922.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The office must calculate each eligible hospital’s uncompensated care costs and use those calculations to allocate the chapter’s funds; the Controller then allocates each hospital’s payment in one lump sum.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16922. (a) In order to determine the allocation for each eligible hospital of the amount appropriated for the purposes of this chapter, the office shall do all of the following: (1) Compute the total uncompensated care costs for each eligible hospital. (2) Compute the total uncompensated care costs for all eligible hospitals. (3) Divide each hospital’s uncompensated care costs as computed in paragraph (1) by the total uncompensated care costs as computed in paragraph (2). (b) The result shall be multiplied by the total funds specified for hospital payments pursuant to Section 16921 to determine each hospital’s payment for uncompensated care. That amount shall be allocated in one lump sum to each hospital by the Controller pursuant to subdivision (a). (Amended by Stats. 1990, Ch. 50, Sec. 15. Effective April 18, 1990.)
  173. 16923.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The office must review and process quarterly financial and utilization reports, share its calculations with the Controller, include the reports in its field audit function, and develop procedures to recover misspent funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16923. The office shall do all of the following: (a) Review and process the quarterly financial and utilization data report and calculate the distribution to be made within 30 days after October 2, 1989. (b) Make the calculations available to the Controller within 40 days after October 2, 1989. (c) Incorporate the quarterly financial and utilization data reports into the field audit function currently utilized by the office. (d) Develop procedures to recover funds determined to have been spent in a manner inconsistent with this chapter and Article 2 (commencing with Section 30121) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 1990, Ch. 50, Sec. 15.5. Effective April 18, 1990.)
  174. 16924.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. )

    Verify source ↗

    The Controller must distribute the chapter’s appropriated funds to hospitals within 60 days after the chapter takes effect, if the office has certified the hospital’s compliance with this section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 3. Uncompensated Care Assistance [16920 - 16924] ( Chapter 3 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16924. The Controller shall distribute to hospitals the funds appropriated for the purposes of this chapter within 60 days from the effective date of this chapter provided that the office has certified that the hospital is in compliance with this section. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  175. 16930.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    The department must administer money in the Rural Health Services Account on an accrual basis.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16930. (a) (1) There is in the County Health Services Fund, created pursuant to Section 16803, the Rural Health Services Account. (2) For purposes of this chapter, “account” means the account created by paragraph (1). (b) All money appropriated for the purposes of this chapter shall be deposited in the account. (c) The department shall administer moneys deposited in the account on an accrual basis, and notwithstanding any other provision of law, except as provided in this chapter, those moneys shall not be transferred to any other fund or account except for purposes of investment, as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (Amended by Stats. 1994, Ch. 195, Sec. 33. Effective July 12, 1994.)
  176. 16931.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    Money appropriated under this chapter must be used to support and maintain rural health services, and the chapter’s funds also trigger compliance with Sections 16804.1 and 16818.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16931. (a) Funds appropriated for the purposes of this chapter shall be used to enhance and maintain rural health services provided by counties, hospitals, physicians, and other providers of services to patients who cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government. (b) The requirements of Sections 16804.1 and 16818 apply to services supported by funds appropriated for the purposes of this chapter. (c) Except as specifically provided in this chapter, the authority of each county established pursuant to Section 16817 shall remain unaffected. (Amended by Stats. 1994, Ch. 195, Sec. 34. Effective July 12, 1994.)
  177. 16931.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    A county may reimburse emergency services provided by a physician in a standby emergency room at a specified hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16931.5. The county may reimburse for emergency services provided by a physician in a standby emergency room in a hospital specified in Section 124840 of the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 491. Effective September 29, 1996.)
  178. 16932.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    The department must allocate Hospital Services Account money to eligible counties, and the office must calculate each county’s share using specified data and formulas.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16932. The department shall allocate money derived from the Hospital Services Account in the fund to each county that is eligible to participate in the CMSP pursuant to Section 16809 in the following manner: (a) The combined total of hospital uncompensated care costs for all county and noncounty hospitals in each county that is eligible to participate in the CMSP pursuant to Section 16809 shall be calculated by using the definitions, procedures, and data elements specified in Section 16945. (b) (1) The office shall determine each county’s 1989–90 fiscal year share by using the 1988 calendar year data, as adjusted by the office, existing on the statewide file on September 1, 1989. (2) The office shall determine each county’s share for the fiscal years after the 1989–90 fiscal year by using the data from the quarterly reports for the calendar year preceding the fiscal year, as adjusted by the office and existing on the statewide file on April 15 immediately preceding the fiscal year. (3) The office shall determine each county’s share based on that county’s total hospital uncompensated care costs, divided by the total hospital uncompensated care costs for all counties that are eligible to participate in the CMSP pursuant to Section 16809, and by multiplying that product by the amount appropriated from the Hospital Services Account in the fund for purposes of this chapter. (4) The amounts calculated pursuant to paragraphs (2) and (3) shall be each county’s allocation from the total amount available for allocation to the counties under this chapter. (c) The amounts calculated pursuant to paragraph (4) of subdivision (b) shall be divided and allocated in accordance with Section 16946. Sections 16946, 16947, 16948, and 16949 shall be applicable to counties and hospitals receiving these funds. (Amended by Stats. 2007, Ch. 577, Sec. 21. Effective October 13, 2007.)
  179. 16933.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    The department must distribute certain account moneys to eligible counties based on population, and counties must use allocated funds for specified health and emergency medical purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16933. (a) The department shall distribute those moneys appropriated from the Physician Services Account and the Unallocated Account in the fund to counties that are eligible to participate in the CMSP pursuant to Section 16809 on the basis of the percentages obtained by dividing the population of each county that is eligible to participate in the CMSP pursuant to Section 16809 by the total population of all counties that are eligible to participate in the CMSP pursuant to Section 16809, as reported in the most recent annual Department of Finance Research Unit report E-1. (b) Each county shall use moneys allocated from the Unallocated Account in the fund pursuant to, and for the purposes specified in, Article 4 (commencing with Section 16960) of Chapter 5, and to expand emergency medical transportation services. (c) Counties shall use moneys allocated from the Physician Services Account in the fund the following ways to provide medically necessary emergency, obstetric, or pediatric services, or all of them, to patients who cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government: (1) Establishment and administration of a Physician Services Account in the county emergency medical services fund in accordance with Article 3.5 (commencing with Section 16951) of Chapter 5. (2) Contracting with the department for the administration of all Physician Services Account moneys specified in this subdivision pursuant to subdivision (c) of Section 16952. (3) The reimbursement or support of services, either directly or by contract, which are provided by physicians or groups of physicians. (d) Moneys allocated from the Physician Services Account in the fund shall be used to provide reimbursement for services provided on or after July 1, 1989. (Amended by Stats. 2007, Ch. 577, Sec. 22. Effective October 13, 2007.)
  180. 16933.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    Physicians who receive funds under Section 16933(c) must follow the requirements in Section 16955(d).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16933.1. Any physician who receives funds pursuant to subdivision (c) of Section 16933 shall comply with the requirements of subdivision (d) of Section 16955. (Added by renumbering Section 16931.1 (as added by Stats. 1990, Ch. 51) by Stats. 1990, Ch. 430, Sec. 5. Effective July 26, 1990.)
  181. 16934.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    Counties receiving funds under this chapter must provide or pay for medically necessary follow-up treatment for qualifying children, with some exceptions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16934. (a) As a condition of receiving funds under this chapter, a county shall provide, or arrange and pay for, medically necessary followup treatment, including necessary followup dental services and prescription drugs, for any condition detected as part of a child health and disability prevention screen for a child eligible for services under Section 104395 of the Health and Safety Code, if the child was screened by the county, or upon referral by a child health and disability prevention program provider. This section shall not apply to any child eligible to receive care with no share of cost under the Medi-Cal program or who is covered by another publicly funded program or for whom these services are covered or will be paid by any other responsible party. A county may require that hospitals that contract with the county pursuant to paragraph (2) of subdivision (b) of Section 16946, physicians who contract with the county pursuant to paragraph (3) of subdivision (c) of Section 16933 or dentists or any provider that contracts with the county pursuant to subdivision (b) of Section 16933 and receives funds appropriated for the purposes of this chapter to participate in complying with this section. A county shall not require that hospitals receiving an allocation pursuant to paragraph (1) of subdivision (b) of Section 16946 or physicians who receive payment from a physician services account established pursuant to paragraph (1) of subdivision (c) of Section 16933 participate in complying with this section. (b) Dental services provided pursuant to this section shall be at least equal in scope and frequency to dental services available to Medi-Cal eligible children of the same age. (c) Counties shall implement this section in consultation and coordination with their child health and disability prevention programs. (Amended by Stats. 1996, Ch. 1023, Sec. 492. Effective September 29, 1996.)
  182. 16934.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

    Verify source ↗

    For 1989–90, counties have limited options and may cap liability at 15% if they follow notice and reserve rules; the department must create a reinsurance account and use it for certain Section 16934 services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16934.2. (a) For the 1989–90 fiscal year, a county shall not have the option to contract with the department for payment for treatment of children required pursuant to Section 16934. However, a county may elect to limit its liability for payment of that treatment to 15 percent of the amount the county actually received under this chapter for the 1989–90 fiscal year. Any county which elects to establish a 15 percent reserve shall notify the department within 45 days of the effective date of this section of its intention. A county electing to limit its liability pursuant to this section shall reserve 15 percent of the amount it received, if the county contracts with the department for administration of its physician services account pursuant to Section 16935. If the county does not contract with the department to administer its physician services account, the county’s liability shall be 15 percent of the total allocation it received under this chapter. Payment for service provided between July 1, 1989 and June 30, 1990, pursuant to Section 16934 which exceeds the amount reserved shall be the responsibility of the state, provided that the county provides documentation that it established a 15 percent reserve and met its applicable 15 percent obligation for services provided pursuant to Section 16934. The state shall recoup any funds remaining in the 15 percent reserve which were not expended and shall use the funds to pay for treatment services required under Section 16934 in future years. (1) A county which elects not to establish a 15 percent reserve pursuant to subdivision (a), or fails to notify the department of its intention to participate, shall retain full liability for the payment of treatment of children required pursuant to Section 16934. (2) In addition to contractual and other arrangements with providers, the county, or the department under this subdivision, pursuant to the obligation under Section 16934, may refer a child in need of inpatient care to children’s hospitals which have received funding under Chapter 6 (commencing with Section 16996), if the child meets the hospital’s specific criteria for inpatient care. The county or the department shall be under no obligation to reimburse the children’s hospital for these services. (b) For the 1989–90 fiscal year, the department shall establish a separate Rural Health Services Reinsurance Account within the County Health Services Fund. For purposes of this chapter “reinsurance account” means the account established pursuant to this section. (1) Moneys appropriated by the Legislature to establish the reinsurance account shall be deposited in the reinsurance account. (2) Moneys deposited into the reinsurance account shall be used to pay for services provided pursuant to Section 16934 in those counties which have expended their 15 percent reserves established pursuant to subdivision (a). (3) Any moneys remaining in the reinsurance account after June 30, 1990, which have not been expended or encumbered shall be transferred to the CHDP Treatment Account established pursuant to subdivision (b) of Section 16934.5. (Added by Stats. 1990, Ch. 51, Sec. 30. Effective April 18, 1990.)
  183. 16934.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    County contracts can be made for children’s treatment funding, with notice deadlines, retained allocation percentages, and a special treatment account.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16934.5. (a) For the 1990–91 fiscal year and subsequent fiscal years, each county that is eligible to participate in the CMSP pursuant to Section 16809 may enter into a contract with the department in which the department agrees to assume the responsibility to pay for the cost of treatment service provided on or after July 1, 1990, to children pursuant to Section 16934. If a county that is eligible to participate in the CMSP pursuant to Section 16809 does not apply for or rescinds its application for funds under this chapter, the department may use all or part of that county’s allocation, as calculated pursuant to paragraph (3), to pay for the costs of treatment services to children pursuant to Section 16934. (1) Each county intending to contract with the department shall submit to the department a notice of intent to contract adopted by the board of supervisors no later than June 1, 1990. For each fiscal year thereafter a notice adopted by the board of supervisors shall be submitted no later than April 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect, in accordance with procedures established by the department. As a condition of contracting with the department, the department may establish uniform standards, forms, and procedures for the processing and payment of claims for treatment services. (2) (A) Each county contracting with the department pursuant to this subdivision for the 1991–92 fiscal year that has previously contracted with the department pursuant to this section shall agree that the department shall retain 10 percent of the allocation it would otherwise have received under this chapter. The department shall transfer amounts retained on a monthly basis to the CHDP Treatment Account established in subdivision (b). (B) Any county that contracts with the department pursuant to this subdivision during the 1991–92 fiscal year that has not previously contracted with the department pursuant to this section shall agree that the department shall retain 20 percent of the allocation the county would otherwise have received under this chapter for that portion of the year for which it contracts under this section. (3) In future fiscal years the percentage retained by the department may be adjusted to reflect actual payments, projected expenditures, funds appropriated by the Legislature for treatment services, and the overall status of the account established in subdivision (b). (b) Beginning with the 1990–91 fiscal year, the department shall establish a separate Child Health and Disability Prevention Treatment Account. For purposes of this chapter “CHDP Treatment Account” means the account established pursuant to this subdivision. (1) The following funds shall be deposited into the CHDP Treatment Account: (A) Funds appropriated by the Legislature to fund the reinsurance account established in subdivision (b) of Section 16934.2 which are not expended or encumbered for that purpose. (B) Any funds recouped from those counties electing to establish a 15 percent reserve pursuant to subdivision (a) of Section 16934.2. (C) Funds retained by the department pursuant to subdivision (a). (D) Interest earnings on funds. (E) Any additional funds appropriated by the Legislature. (2) Funds deposited in the CHDP Treatment Account shall be administered on an accrual basis and notwithstanding any other provision of law, except as provided in this chapter, shall not be transferred to any other fund or account except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (3) Moneys deposited into the account shall constitute a risk pool which shall be used for any or all of the following purposes: (A) Payment for services provided pursuant to Section 16934 in counties which have contracted with the department pursuant to subdivision (a). (B) State administrative costs, including any costs associated with a contract for processing claims. (C) If the projected expenditure of funds from the CHDP Treatment Account for any fiscal year exceeds available revenues, the department may adjust payments for the remainder of the fiscal year to providers on a pro rata basis in order to ensure that expenditures do not exceed available revenues. (Amended by Stats. 2007, Ch. 577, Sec. 23. Effective October 13, 2007.)
  184. 16934.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    This section lets eligible counties contract with the department to administer and monitor certain funds, and sets notice and reporting deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16934.7. (a) For the 1990–91 fiscal year and each fiscal year thereafter, each county entering into a contract with the department pursuant to Section 16934.5, in which the department assumed the responsibility of payment for the treatment of children pursuant to Section 16934, shall have the option to contract with the department to administer the distribution and monitoring of funds allocated from the Hospital Services Account in the fund pursuant to subdivision (b) of Section 16946. (b) Any county which does not elect to contract with the department pursuant to Section 16934.5 for payment for the treatment of children pursuant to Section 16934 may contract with the department to administer that portion of its funds allocated to the county from the Hospital Services Account in the fund pursuant to paragraph (1) of subdivision (b) of Section 16946, but shall not contract with the department to administer that portion of its funds allocated to the county from the Hospital Services Account in the fund pursuant to paragraph (2) of subdivision (b) of Section 16946. (c) (1) Any county intending to contract with the department pursuant to subdivision (a) or (b) shall submit to the department a notice of intent to contract by resolution adopted by the board of supervisors or authorized persons within 45 days after the effective date of the act adding this section. (2) For each fiscal year following the submission of the notice of intent to contract pursuant to paragraph (1), the county board of supervisors shall submit a notice adopted by the board of supervisors to the department, in accordance with procedures established by the department, no later than April 1 of the fiscal year preceding the fiscal year for which the intended agreement will be in effect. (d) (1) Each county contracting with the department pursuant to subdivision (a) or (b) shall agree that the department shall retain that portion of the county’s allocation pursuant to subdivision (b) or paragraph (1) of subdivision (b) of Section 16946, whichever is applicable. (2) The department may use up to 10 percent of the amount of funds retained pursuant to paragraph (1) for purposes of administration of this section. (e) As a condition of any contract entered into pursuant to this section, the department shall act on behalf of the county and shall assume all program responsibilities for distribution and monitoring funds pursuant to subdivision (b) or paragraph (1) of subdivision (b) of Section 16946, whichever is applicable. The department may exercise discretion in the administration of funds pursuant to paragraph (2) of subdivision (b) of Section 16946 and shall also implement subdivisions (d), (e), (f), and (g) of Section 16946 with regard to those funds. (Added by Stats. 1990, Ch. 430, Sec. 9. Effective July 26, 1990.)
  185. 16935.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    Eligible counties may let the state administer their physician services account, but if they do, they must contract with the department, authorize the department to act for them, follow uniform program rules, transfer funds as required, and file a notice of intent by the stated deadlines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16935. (a) A county that is eligible to participate in the CMSP pursuant to Section 16809 may elect to have the state administer its physician services account. Each county that is eligible to participate in the CMSP pursuant to Section 16809 and that elects to have the state administer its physician services account shall do all of the following: (1) Enter into a contract with the department to administer its county physician services account. (2) Authorize the department to act on its behalf and to assume all responsibilities for the distribution and monitoring of funds in its physician services account pursuant to subdivision (c) of Section 16952. (3) Agree to comply with uniform policies, procedures, and program standards, including, but not limited to, eligibility levels established mutually by the department and the participating counties. (4) Transfer funds allocated to the county for purposes of the county physician services account, less any funds retained pursuant to subdivision (a) of Section 16934.5 to the department under such conditions as the department may require. (b) The department may use funds retained or transferred to it by the county pursuant to this subdivision for purposes of administering the county’s physician services account in accordance with Sections 16952 to 16958, inclusive. (c) For the 1989–90 fiscal year, any county which intends to contract with the department for the administration of moneys allocated from the Physician Services Account in the fund pursuant to subdivision (c) of Section 16952 shall submit, to the department, a notice of intent to contract which has been adopted by the county board of supervisors, not later than November 15, 1989. (d) For the 1990–91 fiscal year and subsequent fiscal years, any county which intends to contract with the department for the administration of moneys allocated from the Physician Services Account in the fund shall submit to the department a notice of intent to contract, which has been adopted by the county board of supervisors, not later than April 1 of the fiscal year preceding the fiscal year for which the contract will be in effect and in accordance with procedures established by the department. (Amended by Stats. 2007, Ch. 577, Sec. 24. Effective October 13, 2007.)
  186. 16935.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    The department may manage certain county fund distributions and monitoring, and county allocations should generally be used to pay eligible providers in that county.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16935.5. The department may administer the distribution and monitoring of funds allocated from the Hospital Services Account pursuant to subdivision (b) of Section 16946 and from the Physician Services Account pursuant to subdivision (c) of Section 16952, less funds retained by the department for the administration of the children’s treatment program pursuant to Section 16934, for any county that is eligible to participate in the CMSP pursuant to Section 16809 that does not apply for, or rescinds its application for, funds under this chapter. Allocations for a particular county shall generally be utilized for payments to eligible providers in that county. (Amended by Stats. 2007, Ch. 577, Sec. 25. Effective October 13, 2007.)
  187. 16936.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    Counties requesting funds must file an application and funding/use description with the department, and the department reviews and approves it.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16936. (a) (1) Any county that requests funds under this chapter shall submit to the department, for approval by the department, an application for initial funding and a description of the proposed use and expenditure of the moneys, as a component of the county health services plan and budget submitted pursuant to Section 16800. The department shall review and approve this information for compliance with this part. (2) Beginning in the 1990–91 fiscal year, any county which does not contract with the department pursuant to subdivision (a) of Section 16934.5 shall include in the application an estimate of the costs and funding arrangement for dental services. (b) The department shall review each county’s application and proposed use of funds for compliance with this chapter. (c) The department shall make initial monthly payments upon approval of the county’s request for funds containing assurances that the county will comply with this chapter and other applicable provisions of this part. (d) Payments made beyond April 15, 1990, and February 1 of each subsequent fiscal year, shall be contingent upon the signing of an agreement between the county board of supervisors and the department. (Amended by Stats. 1994, Ch. 195, Sec. 38. Effective July 12, 1994.)
  188. 16937.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    Each county must include the section’s required data in the Section 16915 reports, by July 1, 1991 to the extent possible.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16937. (a) Services, associated costs, and sociodemographic characteristics of persons served by each county under Section 17000 and supported in whole or in part by funds appropriated for purposes of this chapter shall be incorporated into the information required pursuant to Section 16915. (b) Not later than July 1, 1991, to the extent possible, each county shall incorporate the data required by Section 16915 in the reports specified in subdivision (a). (Amended by Stats. 1994, Ch. 195, Sec. 39. Effective July 12, 1994.)
  189. 16938.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    Each county must submit expenditure reports and other information to the department using department procedures. The department must review those reports and recoup unspent or noncompliant funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16938. (a) Each county shall submit a report of expenditures and other information to the department according to the procedures established by the department. (b) The department shall review the reports submitted pursuant to subdivision (a) and recoup unspent moneys and expenditures that are not in compliance with this chapter or the requirements established by the department. (Amended by Stats. 1994, Ch. 195, Sec. 40. Effective July 12, 1994.)
  190. 16939.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. )

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    If a county receives funds under this chapter, it must meet the requirements of specified Articles 6, 7, and 10 of Chapter 5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 4. Rural Health Services [16930 - 16939] ( Chapter 4 repealed and added by Stats. 1990, Ch. 51, Sec. 30. ) ## 16939. As a condition of receiving funds pursuant to this chapter, each county shall meet the requirements of Articles 6 (commencing with Section 16980), 7 (commencing with Section 16990) and 10 (commencing with Section 16995) of Chapter 5. (Amended by Stats. 1990, Ch. 430, Sec. 11. Effective July 26, 1990.)
  191. 16940.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    The department must determine each fiscal year what percentage of appropriated money applies under this chapter, and money deposited in the CHIP Account must be handled on an accrual basis and not moved to other funds except for permitted investment purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16940. (a) The department shall, each fiscal year, determine the percentage of moneys appropriated for the purposes of this chapter. For the 1989–90 fiscal year, these percentages shall be 59.5 percent from the Hospital Services Account, 12.2 percent from the Physician Services Account, and 28.3 percent from the Unallocated Account. These percentages shall be applied as specified in this chapter. (b) (1) There is, in the County Health Services Fund, the California Health Care for the Indigent Program Account. (2) For purposes of this chapter, “CHIP Account” means the account created by this section. (3) The following amounts shall be deposited in the CHIP Account: (A) Moneys appropriated for the purpose of this chapter. (B) Any moneys appropriated by the Legislature to the CHIP Account. (c) Moneys deposited in the CHIP Account shall be administered on an accrual basis and notwithstanding any other provision of law, except as provided in this chapter, shall not be transferred to any other fund or account except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  192. 16941.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    The chapter’s available funds must be allocated to each MISP county using the percentage ratios listed in subdivision (b).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16941. (a) The amount appropriated and available for the purposes of this chapter shall be allocated to each MISP county in accordance with the ratios established in subdivision (b). (b) Allocations shall be made to each county by multiplying the amount appropriated for the purposes of this chapter by each percentage listed below: County CHIP Allocation Alameda 4.7427% Contra Costa 1.8032% Fresno 2.6855% Kern 1.7083% Lake 0.1826% Los Angeles 43.8057% Mendocino 0.2664% Merced 0.7244% Monterey 1.2937% Orange 5.1382% Placer 0.3697% Riverside 3.1828% Sacramento 3.2922% San Bernardino 3.7972% San Diego 5.9971% San Francisco 5.3898% San Joaquin 1.7413% San Luis Obispo 0.8096% San Mateo 1.4582% Santa Barbara 0.7918% Santa Clara 5.2450% Santa Cruz 0.7709% Stanislaus 1.2793% Tulare 1.3768% Ventura 1.5472% Yolo 0.6004% (Added by Stats. 1989, Ch. 1331, Sec. 9. Effective October 2, 1989.)
  193. 16941.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    Certain counties that join the County Medical Services Program must have allocated funds transferred in specified shares to other accounts.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16941.1. For the 1991–92 fiscal year and each fiscal year thereafter, any county that elects to participate in the County Medical Services Program pursuant to paragraphs (1) and (2) of subdivision (b) of Section 16809 shall have the amounts allocated to that county pursuant to this chapter transferred as follows: (a) Of the moneys allocated from the Hospital Services Account pursuant to Section 16943, seven-seventeenths of the transferable amount shall be transferred to the Rural Health Services Account for hospital services governed by Section 16932. The remainder of this amount shall be transferred to the County Medical Services Program Account and shall be utilized for the purposes specified in Section 16809.5. (b) Of the moneys allocated from the Physician Services Account pursuant to Section 16950, seven-seventeenths of the transferable amount shall be transferred to the Rural Health Services Account for physician services governed by Section 16933. The remainder of this amount shall be transferred to the County Medical Services Program Account and shall be utilized for the purposes specified in Section 16809.5. (c) Of the moneys allocated from the Unallocated Account governed by Section 16960, seven-seventeenths of the transferable amount shall be transferred to the Rural Health Services Account for other health services governed by the provisions of Section 16933. The remainder of this amount shall be transferred to the County Medical Services Program Account and shall be utilized for the purposes specified in Section 16809.5. (d) Funds transferred pursuant to this section shall be subject to all applicable statutes. (Amended by Stats. 1994, Ch. 195, Sec. 41. Effective July 12, 1994.)
  194. 16942.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. )

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    This section says chapter funds should be administered like related funds where possible, county authority remains unchanged unless this chapter specifically says otherwise, and counties using these funds must include certain service and client information in the report required by Section 16915.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 1. General [16940 - 16942] ( Article 1 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## 16942. (a) It is the intent of the Legislature that funds appropriated for the purposes of this chapter be administered, to the extent possible, in the same manner and according to same conditions and requirements as funds accounted for pursuant to Part 4.6 (commencing with Section 16800.5). The requirements of Sections 16804.1 and 16818 apply to services supported by funds appropriated for the purposes of this chapter. (b) Except as specifically provided in this chapter, the authority of each county established pursuant to Section 16817 shall remain unaffected. (c) Services, associated costs, and socio-demographic characteristics of persons served by each county under Section 17000 and supported in whole or in part by funds appropriated pursuant to this chapter shall be incorporated into the information required pursuant to Section 16915. (Amended by Stats. 1994, Ch. 195, Sec. 42. Effective July 12, 1994.)
  195. 16943.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    This section sets how much of certain hospital-services allocations must be used for uncompensated hospital services, and requires the department to establish a percentage for later fiscal years.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16943. (a) Of those allocations made pursuant to Section 16941 for the 1989–90 fiscal year, 59.5 percent shall be used to support uncompensated services provided by county and noncounty hospitals. (b) For allocations under Section 16941 for the 1990–91 fiscal year and each fiscal year thereafter, the department shall establish that percentage of the total fiscal year appropriation to the CHIP Account which derives from the Hospital Services Account of the fund. (c) The percentages established in subdivisions (a) and (b), when applied to the amount of each MISP county’s annual allocation pursuant to Section 16941, constitute the minimum amount of the allocation which is reserved for payment or support of uncompensated services provided by hospitals licensed pursuant to subdivision (a) of Section 1250 of the Health and Safety Code. (d) The amount of funds calculated in subdivision (c) shall be referred to as the hospital services funding portion of each county’s allocation made pursuant to Section 16941. (e) (1) For purposes of calculating county and noncounty hospital allocations pursuant to this article for the 1991–92 fiscal year and each fiscal year thereafter, the sum of eighteen million dollars ($18,000,000) shall be added proportionately to each county’s hospital services funding allocation calculated in subdivision (c). (2) The amount added pursuant to paragraph (1) shall be distributed within each county’s allocation according to subdivisions (a), (b), and (c) of Section 16946. (f) (1) For purposes of calculating county and hospital allocations pursuant to this article for the 1991–92 fiscal year and each fiscal year thereafter, the sum of one million six hundred fifty thousand dollars ($1,650,000) shall be added proportionately to the allocations calculated in subdivision (c) for each county with no county hospital. (2) The share for each county with no county hospital of the amount specified in paragraph (1) shall be determined by dividing the county’s allocation calculated pursuant to subdivisions (c) and (e) by the total of all allocations for counties with no county hospital times the sum of one million six hundred fifty thousand dollars ($1,650,000). (3) The amounts added pursuant to paragraphs (1) and (2) shall be divided into two equal amounts. (A) The first amount shall be allocated to each eligible noncounty hospital within a county pursuant to paragraph (1) of subdivision (b) of Section 16946. (B) The second amount shall be distributed to eligible hospitals pursuant to paragraph (2) of subdivision (b) of Section 16946. (4) In future fiscal years, the amount specified in paragraph (1) shall be adjusted proportionately to reflect any augmentation or reduction in funding available for this article pursuant to Section 43 of Chapter 278 of the Statutes of 1991. (Amended by Stats. 1991, Ch. 1170, Sec. 27. Effective October 14, 1991.)
  196. 16945.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    The department must annually verify and send specified figures to each MISP and CMSP county, and the office must use specified report data, compute uncompensated-care figures, and transmit them to the department within 30 days of certain dates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16945. (a) The department shall annually verify and transmit to each MISP county and each CMSP county the figures specified in subdivision (c), using data supplied by the office. (b) (1) For purposes specified in subdivision (c), the office shall use data from the quarterly reports required by Section 128740 of the Health and Safety Code. (2) For the 1989–90 fiscal year computations, the office shall use the 1988 calendar year data, as adjusted by the office, existing on the statewide file on September 1, 1989. (3) For the computations for fiscal years after the 1989–90 fiscal year, the office shall use the data from the quarterly reports for the calendar year preceding the computational fiscal year, as adjusted by the office, existing on the statewide file on April 15 immediately preceding the computational fiscal year. (4) (A) Except as provided in subparagraphs (B), (C), and (D), the definitions, procedures, and data elements specified in Chapter 3 (commencing with Section 16920) shall be used in all computations required in subdivision (c). (B) For the 1991–92 fiscal year, the following definitions shall be used in all computations required in subdivision (c): (i) “Uncompensated care charges” means the sum of the charges related to patients falling within the charity-other category in the 1990 calendar year and 25 percent of the charges related to patients falling within the bad debts category in the first two quarters of the 1990 calendar year, as both categories of charges are reported quarterly to the office pursuant to Section 128740 of the Health and Safety Code. (ii) “Uncompensated care costs” means that amount calculated by applying an overall hospital cost-to-charge ratio, calculated by dividing gross operating expenses by gross inpatient and outpatient revenue, as reported quarterly to the office, to uncompensated care charges. (C) For the 1992–93 fiscal year, the following definitions shall be used in all computations required in subdivision (c): (i) “Uncompensated care charges” means the charges related to patients falling within charity-other, as reported quarterly to the office pursuant to Section 128740 of the Health and Safety Code. (ii) “Uncompensated care costs” means that amount calculated by applying an overall hospital cost-to-charge ratio, calculated by dividing gross operating expenses by gross inpatient and outpatient revenue, as reported quarterly to the office, to uncompensated care charges. (D) For the 1993–94, 1994–95, 1995–96, 1996–97 and subsequent fiscal years, the following definitions shall be used in all computations required in subdivision (c): (i) (I) For county hospitals and for all hospitals operating in counties with no county hospital, “uncompensated care charges” means the charges related to patients falling within charity-other, gross inpatient revenue-county indigent programs and gross outpatient revenue-county indigent programs, as reported quarterly to the office pursuant to Section 128740 of the Health and Safety Code. (II) For noncounty hospitals operating in a county with a county hospital, “uncompensated care charges” means the charges related to patients falling within charity-other and county indigent programs contractual adjustments, as reported quarterly to the office pursuant to Section 128740 of the Health and Safety Code. (ii) “Uncompensated care costs” means that amount calculated by applying an overall hospital cost-to-charge ratio, calculated by dividing gross operating expenses less other operating revenue by gross inpatient and outpatient revenue, as reported quarterly to the office, to uncompensated care charges. (c) The office shall compute the following data on uncompensated care costs reported by hospitals located within each MISP county and each CMSP county: (1) The sum of uncompensated care costs for all hospitals. (2) The sum of uncompensated care costs for all noncounty hospitals. (3) The sum of uncompensated care costs for all county hospitals. (4) The uncompensated care costs of each hospital within the county. (5) The percentage derived from dividing the result of paragraph (2) by the result of paragraph (1). (6) The percentage derived from dividing the result of paragraph (3) by the result of paragraph (1). (7) The percentage for each individual hospital derived from dividing each noncounty hospital’s uncompensated care cost in paragraph (4) by the amount in paragraph (2). (d) The office shall transmit to the department the data specified in subdivision (c) within 30 days of the dates specified in paragraph (2) of subdivision (b) and paragraph (3) of subdivision (b) of this section. (Amended by Stats. 1997, Ch. 294, Sec. 81. Effective August 18, 1997.)
  197. 16946.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    This section divides county hospital funding, sets reporting and notice rules for noncounty hospitals, and requires counties to enforce emergency-permit and indigent-care conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16946. (a) The Hospital Services Account portion of each county’s allocation pursuant to Sections 16932 and 16941 shall be divided into two amounts by: (1) Multiplying the Hospital Services Account funding portion by the percentage specified in paragraph (5) of subdivision (c) of Section 16945. (2) Multiplying the amount of the Hospital Services Account funding portion by the percentage specified in paragraph (6) of subdivision (c) of Section 16945. (b) The amount of each county’s Hospital Services Account funding portion calculated in paragraph (1) of subdivision (a) shall be used for payment or support of services provided on or after July 1, 1989, by noncounty hospitals. Beginning in the 1991–92 fiscal year and annually thereafter, these amounts shall be reduced by dividing each county’s amount by the total amount for all counties, multiplied by the sum of twelve million dollars ($12,000,000). This amount for each county shall be further divided into two equal parts, as follows: (1) (A) The first part shall be allocated to each noncounty hospital within a county in amounts determined by multiplying the percentages specified in paragraph (7) of subdivision (c) of Section 16945 by the amount of the first part, and may be used for payment or support of services provided by noncounty hospitals to any eligible patient treated at any time during the fiscal year of the allocation. (B) Funds distributed during fiscal years subsequent to the 1989–90 fiscal year shall be accounted for on a quarterly basis. (C) For the 1989–90 fiscal year, noncounty hospitals shall provide the demographic data specified in paragraph (2) of subdivision (b) of Section 16918 on a minimum of 5 percent of patients for whom services are paid for in whole or in part by funds allocated pursuant to this paragraph, in addition to any other requirements specified in Section 16918. (D) For the 1990–91 fiscal year and fiscal years thereafter, noncounty hospitals shall provide data pursuant to the reporting requirements specified in Section 16918 and shall provide posted and individual notices pursuant to Section 16818 for the duration of any quarter during which funds allocated pursuant to this paragraph are used. (E) Amounts calculated pursuant to this paragraph shall not be reduced or utilized to offset the costs of administering the Hospital Services Account. (2) (A) (i) The remaining 50 percent of the funds from the Hospital Services Account shall be distributed by the county to hospitals, including those under contract with the county, to maintain access to emergency care and to purchase other necessary hospital services provided during the fiscal year of the allocation. (ii) In contracting for emergency care with hospitals in neighboring counties, the county shall not impose conditions to accept transfers that it does not impose on hospitals within its own boundaries. (B) (i) Prior to distributing funds to hospitals, each county shall consult with the hospitals and consider the historic and projected patterns of care provided by hospitals, by geographic catchment areas within both urban and nonurban areas, unique costs associated with treating disproportionate numbers of severely ill indigent patients, and disproportionate losses sustained by hospitals in the provision of care. (ii) The county shall also consider the patterns of care of its residents provided by Level I trauma care hospitals in contiguous counties and may make proportionate allocations to those trauma centers. (c) (1) The amount of each county’s Hospital Services Account funding portion calculated in paragraph (2) of subdivision (a) may be used for the payment or support of services provided in county hospitals or noncounty hospitals as determined by each county during the fiscal year of the allocation. (2) Beginning in the 1991–92 fiscal year and annually thereafter, the amount of each county’s funding portion calculated pursuant to paragraph (2) of subdivision (a) shall be reduced by an amount that shall be calculated as follows: (A) Divide each county’s amount of funding under paragraph (2) of subdivision (a) by the total amount of funding under that paragraph for all counties. (B) Multiply the quotient calculated pursuant to subparagraph (A) by the sum of six million dollars ($6,000,000). (d) As a condition of receiving funds under this section and Section 16932, each county shall require each county and noncounty hospital to do all of the following: (1) (A) Maintain the same number and classification of emergency room permits and trauma facility designations as existed on January 1, 1990. (B) (i) Any hospital that maintained two special permits for basic emergency service on the effective date of this part shall be deemed to have met the requirements of paragraph (1) of subdivision (d), if each of the emergency rooms was located on separate campuses of the hospital and was located not more than two miles from the other emergency room. (ii) Clause (i) shall apply even if one of the emergency room permits is surrendered after the effective date of this part. (2) Provide data and reports on the use and expenditure of all funds received. This information shall be in a form and according to procedures specified by the county and the department. (3) Assure that funds received pursuant to this section are used only for services for persons who cannot afford to pay for those services, and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government. (e) (1) If a county or noncounty hospital does not comply with this section, the county shall recover funds received by the hospital as follows: (A) For any violation of paragraph (1) of subdivision (d), the county shall recover that portion of the funds received which equal the ratio of the number of months not in compliance to 12 months. (B) For any violation of paragraph (2) of subdivision (d), the county shall recover all funds received. (C) For any violation of paragraph (3) of subdivision (d), the county shall recover the difference between the amount received and the amount for which the hospital can document that the funds were used only for services for persons who cannot afford to pay for those services and for whom payment will not be made through any private coverage or by any program funded in whole or in part by the federal government. (2) The county may deny further payments required by this section until the hospital demonstrates compliance. (f) Funds withheld or recovered pursuant to this section may be reallocated and distributed by the county pursuant to paragraph (2) of subdivision (b). (g) (1) Except as provided in paragraph (2), funds allocated pursuant to paragraph (1) or (2) of subdivision (b) which are not expended because a hospital does not participate shall be redistributed pursuant to paragraph (2) of subdivision (b). (2) If no noncounty hospitals remain to participate, the county may distribute those unexpended funds pursuant to subdivision (c). (h) (1) In any county that comprises not more than one-half percent of the total state population and in which there are a county hospital and a noncounty hospital with emergency room permits located within two miles of each other, the county hospital may surrender its emergency room permit without any penalty for violation of paragraph (1) of subdivision (d) if, in the alternative, all of the following occur: (A) The county shall enter into a contractual arrangement with the noncounty hospital. (B) The county and noncounty hospital shall provide for the availability of at least the same level of emergency services and specialty backup which the county hospital and noncounty hospital provided prior to the surrendering of the emergency room permit. (C) The county shall establish sufficient capacity, including evening and weekend coverage, in its urgent care clinic and other outpatient clinics to provide for the same or greater level of urgent care and nonemergency visits that were provided in the county hospital emergency department in the calendar year prior to the surrendering of the emergency room permit. (D) The county shall provide for adequate initial public hearings and ongoing public notification and information, in Spanish and English, on the availability of emergency, urgent care, and nonurgent clinic services and how to obtain those services. The county shall provide for, as part of the ongoing public notification, an outreach program to ensure that the medically indigent community, particularly migrant and seasonal farmworkers, and cultural and linguistic minority patients, are effectively made aware of the alternative system of care and the ways to access it. (E) The county ensures that there are adequate Spanish translation services and referral services on a 24-hour basis at the noncounty hospital emergency department, and at the county hospital clinics, during their hours of operation. (F) The county shall ensure, in planning for an alternative delivery system as provided for in paragraph (C), participation of those existing agencies providing health care services to the uninsured and working poor medically indigent, including federally qualified health centers and nonprofit community-based rural health clinics. (G) The county shall ensure that its alternative delivery system includes medical providers who are culturally and linguistically competent to service the diverse medically indigent populations and have been serving uninsured persons seeking care at the county hospital prior to closing. These providers shall include, among others, nonprofit community-based safety net and traditional providers currently serving both the uninsured and medically indigent populations. (H) The county shall ensure that its alternative delivery system does not provide less health care services and resources than that being made available to the medically indigent and uninsured prior to the closing of the county hospital. (2) The department shall annually review the county’s compliance with this subdivision. If the department determines that the county is not in compliance with this subdivision, it shall require the county to recover funds and deny further payments pursuant to subdivision (e) until compliance is resumed. (3) Any county that is permitted under paragraph (1) to surrender its emergency room permit shall continue to fulfill its duties and obligations to provide indigent care according to Section 17000. (i) Any county of the 20th class or the 24th class that discontinues the provision of acute inpatient care services may surrender its emergency room permit without any penalty for violation of paragraph (1) of subdivision (d), provided that the county shall enter into a contractual arrangement with at least one noncounty hospital meeting the requirements of subdivision (d) and all of the requirements of subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (h) are met by the county and the contracting noncounty hospital, in which case paragraphs (2) and (3) of subdivision (h) shall apply to that county. (j) Notwithstanding any other provision of law, any county of the 20th class or the 24th class that meets the requirements and conditions of subdivision (i) shall be eligible to receive funds distributed pursuant to any provision of this section equal to that amount received by the county for the fiscal year immediately preceding the year in which it discontinues the provision of acute inpatient care services. The amount calculated pursuant to this subdivision shall be adjusted annually based upon the funding available from the Hospital Services Account in the Cigarette and Tobacco Products Surtax Fund. (Amended by Stats. 1999, Ch. 741, Sec. 1. Effective January 1, 2000.)
  198. 16947.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    Hospitals that receive certain program funds must stop collecting patient payments for the funded services within 90 days, and if they later receive payment, they must notify and reimburse the county up to the county-paid amount.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16947. (a) Any hospital which receives funds pursuant to this chapter or Chapter 4 (commencing with Section 16930) shall, within 90 days of the receipt of those funds, cease all current and waive all future collection efforts, by itself and by its agents, to obtain any payment from the patient with respect to whom the services funded under this chapter were rendered. (b) This section shall not be interpreted or applied so as to prevent the hospital from doing either of the following: (1) Seeking demographic, financial, or other information necessary for the patient to qualify for Medi-Cal program benefits under Chapter 14 (commencing with Section 14000) of Part 3 or for the reimbursement for services through any other third-party payer. (2) (A) Seeking payment from a responsible third-party payer or, subject to subparagraph (B), continuing collection on a repayment schedule for the cost of services rendered. (B) Collection on a repayment schedule shall be based on the patient’s ability to pay. (c) If a hospital receives payment from a patient or responsible third-party payer, the hospital shall notify the county and reimburse the county in an amount equal to the amount collected from the patient or third-party payer, but not more than the amount of the payment received from the county for the patient’s care. (Amended by Stats. 1991, Ch. 278, Sec. 18.5. Effective July 30, 1991.)
  199. 16948.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    The county must distribute allocated funds to each noncounty hospital within 10 working days, and recipient hospitals must report patient-use information to the county within 30 days; if a hospital does not report, the county must stop further distributions until the information is provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16948. (a) Commencing with the 1990–91 fiscal year, within 10 working days of receipt of funds allocated pursuant to Section 16941 and Section 16932, the county shall distribute to each noncounty hospital that hospital’s share of the funds pursuant to paragraph (1) of subdivision (b) of Section 16946. (b) Each noncounty hospital which receives funds pursuant to paragraph (1) of subdivision (b) of Section 16946 shall report to the county within 30 days after the receipt of the funds, information on patients for whom the distributions were used, pursuant to Section 16918. (c) The county shall suspend distribution of funds to any noncounty hospital which fails to provide the information required pursuant to subdivision (b) until the hospital provides the required information. (Amended by Stats. 1994, Ch. 195, Sec. 44. Effective July 12, 1994.)
  200. 16949.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. )

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    County plans must consider emergency-room needs, and contracted hospitals must report drops in emergency-room specialist capability; qualifying hospitals are treated as satisfying certain cited requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4.7. HEALTH CARE FOR INDIGENTS [16900 - 16996.2] ( Heading for Part 4.7 added by Stats. 1990, Ch. 50, Sec. 10.5. ) ## CHAPTER 5. California Healthcare for Indigents Program [16940 - 16995.1] ( Chapter 5 added by Stats. 1989, Ch. 1331, Sec. 9. ) ## ARTICLE 2. Hospital Services [16943 - 16949] ( Article 2 added by Stats. 1990, Ch. 50, Sec. 17. ) ## 16949. (a) The Legislature recognizes that in the context of hospital services rendered as a result of emergency medical conditions, the application of the supplemental services requirement of Section 30125 of the Revenue and Taxation Code and Section 13 of Chapter 1331 of the Statutes of 1989 includes certain unique considerations, including, but not limited to, all of the following: (1) Hospital emergency room patient loads generally are not controlled by the facility. (2) The facility is obligated, as a condition of licensure, to take all patients in need of emergency treatment, if it is within the capacity of the facility to do so. (3) It is the policy of the Legislature to provide less expensive alternative methods of care, rather than continue present patterns of overutilization of emergency facilities. (b) Hospitals which provide appropriate treatment to patients who present in the emergency department and which do not impose any barriers to patients’ receipt of that treatment shall be deemed to satisfy the requirements of Section 30125 of the Revenue and Taxation Code and Section 13 of Chapter 1331 of the Statutes of 1989. (c) Each county, as part of its plan for distribution of funds under paragraph (2) of subdivision (b) of Section 16946, shall consider the use of those funds to meet emergency room patient needs and followup treatment, including the need for special hospital services. (d) Any hospital which contracts with a county under paragraph (2) of subdivision (b) of Section 16946 shall report to the county and to the office on any reduction in hospital emergency room specialist capability below the level which was provided at that facility on October 2, 1989. (e) This section shall not be construed to alter or amend any hospital’s obligation under Sections 1317 to 1317.9a, inclusive, of the Health and Safety Code. (Added by Stats. 1990, Ch. 51, Sec. 35.5. Effective April 18, 1990.)

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