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SB-1083 Resource family approval.(2017-2018)

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Date Published: 10/01/2018 09:00 PM
SB1083:v93#DOCUMENT

Senate Bill No. 1083
CHAPTER 935

An act to amend Sections 1517 and 1517.1 of the Health and Safety Code, and to amend Sections 11402, 11461.6, 16501.01, 16507.5, 16519.5, and 18360 of the Welfare and Institutions Code, relating to child welfare.

[ Approved by Governor  September 29, 2018. Filed with Secretary of State  September 29, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1083, Mitchell. Resource family approval.
(1) Existing law provides for the implementation of the resource family approval program, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. Existing law requires foster care providers to have resource family approval by December 31, 2019, and makes existing foster care certifications, licenses, and approvals inoperative as of that date, except as specified. Existing law requires public and private child placement agencies to provide existing foster care providers with certain information regarding the resource family approval program, including, among other things, notice that in order to care for a foster child, resource family approval is required by December 31, 2019.
This bill would extend the deadline by which foster care providers are required to have resource family approval to December 31, 2020, and extend the operation of current certifications, licenses, and approvals until that date. The bill would authorize an applicant who withdraws a resource family application before its approval or denial to resubmit the application within 12 months, as provided. The bill would also require public and private placing agencies to provide existing foster care providers with the information regarding the resource family approval program as described above, including the revised deadline, by July 1, 2019.
The bill would make conforming changes to existing law to reflect the extension of the resource family approval deadline described above, thereby making certain foster care placements made prior to January 1, 2021, eligible for Aid to Families with Dependent Children-Foster Care payments, Emergency Child Care Bridge Program for Foster Children payments, and respite care.
(2) Existing law authorizes a county to place a child with a resource family applicant who has successfully completed the home environment assessment prior to the completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child. Existing law, in these cases, requires the permanency assessment to be completed within 90 days of placement, unless good cause exists. Existing law requires the county to document extenuating circumstances for any delay in those cases, generate a timeframe for the completion of the permanency assessment, and report specified information to the State Department of Social Services regarding these delays.
The bill would instead require that the permanency assessment be completed within 90 days of any application to become a resource family, unless good cause exists, and would further expand the above-mentioned county duties to instances in which a child is placed with a resource family applicant on an emergency basis, as specified.
(3) Existing law requires that preferential consideration be given to a request by a relative of a child who has been adjudged a dependent of the juvenile court for placement of the child with the relative, as specified. Existing law requires the county social worker, in determining whether placement with a relative is appropriate, to consider certain factors, including the safety of the relative’s home. Existing law requires the relative’s home to first be assessed for safety and for the relative to be subject to a specified criminal records clearance in order for the relative to be considered appropriate to receive placement of a child on an emergency basis.
This bill would require the same safety assessment and criminal records clearance to be conducted in order for a relative to be considered appropriate to receive placement of a child following a disposition hearing.
(4) By increasing the duties of county officials, this bill would impose a state-mandated local program.
(5) This bill would incorporate additional changes to Sections 1517 and 1517.1 of the Health and Safety Code and Sections 16519.5 and 18360 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1517 of the Health and Safety Code is amended to read:

1517.
 (a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, 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.
(2) For purposes of this section, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(3) There is no fundamental right 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 shall be considered approved for adoption and guardianship.
(B) Notwithstanding subparagraph (A), a foster family agency may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5) For purposes of this chapter, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards adopted pursuant to subdivision (d) of Section 16519.5 of the Welfare and Institutions Code. This approval is in lieu of a certificate of approval issued by a licensed foster family agency pursuant to subdivision (b) of Section 1506.
(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family. 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, a foster family agency shall cease any further review of an application if the applicant has had a previous application denial within the preceding year by the department or county, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B) Notwithstanding subparagraph (A), a foster family agency 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.
(C) If an individual was excluded from a resource family home or facility licensed by the department, a foster family agency shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of the Welfare and Institutions Code or Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897 of this code.
(D) The cessation of review shall not constitute a denial of the application for purposes of this section, Section 16519.5 of the Welfare and Institutions Code, 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 Section 16519.5 of the Welfare and Institutions Code, comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code, and comply with other applicable federal and state laws in order to maintain approval.
(9) A resource family may be approved by a county child welfare department or probation department pursuant to Section 16519.5 of the Welfare and Institutions Code or by a foster family agency pursuant to this section.
(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01, 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) Nothing in this paragraph shall preclude a foster family agency from requiring an applicant to complete an application activity, even if that activity was previously completed.
(b) (1) A foster family agency that approves resource families shall comply with the provisions of this section.
(2) Notwithstanding any other law, a foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives or regulations adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(3) A foster family agency shall be responsible for all of the following:
(A) Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the applicable written directives or regulations adopted thereto by the department.
(B) Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C) Ensuring staff have the education, experience, and core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
(D) Taking the following actions, as applicable:
(i) (I) Approving or denying resource family applications, including preparing a written evaluation of an applicant’s capacity to foster, adopt, or 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.
(E) Providing to the department a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month.
(F) (i) Updating resource family approval annually 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 day care home, as defined in Section 1596.78.
(ii) A foster family agency shall conduct an announced inspection of a resource family home during the annual update, and as necessary to address any changes specified in clause (i), to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(G) Monitoring resource families through all of the following:
(i) Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii) Requiring resource families to meet the approval standards set forth in Section 16519.5 of the Welfare and Institutions Code and to comply with the written directives or regulations adopted thereto, 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 foster family agency or the department may rescind the approval of the resource family or take other administrative action in accordance with applicable law or the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(iii) Requiring resource families to report to the foster family agency any incidents, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(iv) Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(H) Performing corrective action as required by the department.
(I) Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J) (i) Ensuring applicants and resource families meet the training requirements, and, if applicable, the specialized training requirements set forth in Section 16519.5 of the Welfare and Institutions Code.
(ii) Nothing in this section shall preclude a foster family agency from requiring training in excess of the requirements in this section.
(4) A foster family agency may cooperatively match a child who is under the care, custody, and control of a county with a resource family for initial placement.
(c) In addition to subdivision (f) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:
(1) Requiring foster family agencies to monitor resource families, including, but not limited to, inspecting resource family homes, developing and monitoring resource family corrective action plans to correct identified deficiencies, and rescinding resource family approval if compliance with a corrective action plan is not achieved.
(2) Investigating all complaints regarding a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. A foster family agency shall not conduct an internal investigation regarding an incident report or complaint against a resource family that interferes with an investigation being conducted by the department.
(3) Rescinding approvals of a resource family approved by a foster family agency.
(4) Excluding a resource family parent or applicant or other individual from presence in any resource family home or licensed community care facility consistent with the established standard, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.
(5) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6) Providing a resource family parent, applicant, excluded individual, or individual who is the subject of a criminal record exemption decision with due process pursuant to Section 16519.6 of the Welfare and Institutions Code if the department has ordered a foster family agency to deny a resource family application or rescind the approval of a resource family, has excluded an individual, or has denied or rescinded a criminal record exemption.
(d) (1) The department may enter and inspect the home of a resource family approved by a foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
(2) Upon a finding of noncompliance, the department may require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action the department may deem necessary for the protection of a child placed with the resource family.
(A) If the department requires a foster family agency to deny an application, rescind the approval of a resource family, or take another action, the department shall serve an order of denial or rescission, or another order, that notifies the resource family or applicant and foster family agency of the basis of the department’s action and of the resource family’s or applicant’s right to a hearing.
(B) The department’s order of the application denial, rescission of the approval, or another action shall remain in effect until the hearing is completed and the department has made a final determination on the merits.
(C) A foster family agency’s failure to comply with the department’s order to deny an application or rescind the approval of a resource family, or another order, by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550.
(e) Nothing in this section or in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code limits the authority of the department to inspect, evaluate, investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to this chapter or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
(f) (1) The applicable certification and oversight processes shall continue to be administered for foster homes certified by a foster family agency prior to January 1, 2017, or as specified in paragraph (2), until the certification is revoked or forfeited by operation of law pursuant to this subdivision.
(2) Notwithstanding paragraph (3), a foster family agency shall approve or deny all certified family home applications received on or before December 31, 2016, in accordance with this chapter.
(3) On and after January 1, 2017, a foster family agency shall not accept applications to certify foster homes and shall approve resource families in lieu of certifying foster homes.
(4) No later than July 1, 2019, each foster family agency shall provide the following information to its certified family homes:
(A) A detailed description of the resource family approval program.
(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.
(C) Notification that a certificate of approval shall be forfeited by operation of law, as specified in paragraph (8).
(5) The following shall apply to all certified family homes:
(A) A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B) A certified family home that 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 psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C) A certified 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 psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(6) A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(7) An individual who is approved as a resource family pursuant to subparagraph (B) or (C) of paragraph (5) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.
(8) All certificates of approval for certified family homes shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph:
(A) All certified 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 certificate of approval by operation of law on January 1, 2018.
(B) For certified family homes with a pending resource family application on December 31, 2020, the certificate of 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 certificate of approval shall be forfeited by operation of law upon approval as a resource family.
(g) A foster family agency may obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section.
(h) A foster family agency may review and discuss with an applicant the data contained in the statewide child welfare database, and provided to the foster family agency by a county, that is pertinent to conducting a psychosocial assessment, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.

SEC. 1.5.

 Section 1517 of the Health and Safety Code is amended to read:

1517.
 (a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, 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.
(2) For purposes of this chapter, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(3) There is no fundamental right 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 shall be considered approved for adoption and guardianship.
(B) Notwithstanding subparagraph (A), a foster family agency may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5) For purposes of this chapter, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards adopted pursuant to subdivision (d) of Section 16519.5 of the Welfare and Institutions Code. This approval is in lieu of a certificate of approval issued by a licensed foster family agency pursuant to subdivision (b) of Section 1506.
(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family. 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, a foster family agency shall cease any further review of an application if the applicant has had a previous application denial within the preceding year by the department or county, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B) If an individual was excluded from a resource family home or facility licensed by the department, a foster family agency shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of the Welfare and Institutions Code or Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897 of this code.
(C) The cessation of review shall not constitute a denial of the application for purposes of this section, Section 16519.5 of the Welfare and Institutions Code, or any other law.
(D) 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 Section 16519.5 of the Welfare and Institutions Code, comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code, and comply with other applicable federal and state laws in order to maintain approval.
(9) A resource family may be approved by a county child welfare department or probation department pursuant to Section 16519.5 of the Welfare and Institutions Code or by a foster family agency pursuant to this section.
(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01, 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) Nothing in this paragraph shall preclude a foster family agency from requiring an applicant to complete an application activity, even if that activity was previously completed.
(b) (1) A foster family agency that approves resource families shall comply with the provisions of this section.
(2) Notwithstanding any other law, a foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives or regulations adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(3) A foster family agency shall be responsible for all of the following:
(A) Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the applicable written directives or regulations adopted thereto by the department.
(B) Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C) Ensuring staff have the education, experience, and core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
(D) Taking the following actions, as applicable:
(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates the applicant’s capacity to foster, adopt, or 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.
(E) Providing to the department a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month.
(F) (i) Updating resource family approval annually 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 day care home, as defined in Section 1596.78.
(ii) A foster family agency shall conduct an announced inspection of a resource family home during the annual update, and as necessary to address any changes specified in clause (i), to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(G) Monitoring resource families through all of the following:
(i) Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii) Requiring resource families to meet the approval standards set forth in Section 16519.5 of the Welfare and Institutions Code and to comply with the written directives or regulations adopted thereto, 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 foster family agency or the department may rescind the approval of the resource family or take other administrative action in accordance with applicable law or the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(iii) Requiring resource families to report to the foster family agency any incidents, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(iv) Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(H) Performing corrective action as required by the department.
(I) Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J) (i) Ensuring applicants and resource families meet the training requirements, and, if applicable, the specialized training requirements set forth in Section 16519.5 of the Welfare and Institutions Code.
(ii) Nothing in this section shall preclude a foster family agency from requiring training in excess of the requirements in this section.
(4) A foster family agency may cooperatively match a child who is under the care, custody, and control of a county with a resource family for initial placement.
(c) In addition to subdivision (f) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:
(1) Requiring foster family agencies to monitor resource families, including, but not limited to, inspecting resource family homes, developing and monitoring resource family corrective action plans to correct identified deficiencies, and rescinding resource family approval if compliance with a corrective action plan is not achieved.
(2) Investigating all complaints regarding a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. A foster family agency shall not conduct an internal investigation regarding an incident report or complaint against a resource family that interferes with an investigation being conducted by the department.
(3) Rescinding approvals of a resource family approved by a foster family agency.
(4) Excluding a resource family parent or applicant or other individual from presence in any resource family home or licensed community care facility consistent with the established standard, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.
(5) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6) Providing a resource family parent, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to this chapter and subdivisions (g) to (n), inclusive, of Section 16519.6 of the Welfare and Institutions Code if the department has ordered a foster family agency to deny a resource family application or rescind the approval of a resource family, has excluded an individual, has denied or rescinded a criminal record exemption, or has taken other administrative action.
(d) (1) The department may enter and inspect the home of a resource family approved by a foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
(2) Upon a finding of noncompliance, the department may require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action the department may deem necessary for the protection of a child placed with the resource family.
(A) If the department requires a foster family agency to deny an application, rescind the approval of a resource family, or take another action, the department shall serve an order of denial or rescission, or another order, that notifies the resource family or applicant and foster family agency of the basis of the department’s action and of the resource family’s or applicant’s right to a hearing.
(B) (i) Except as otherwise specified in this section, a hearing conducted pursuant to this section shall be conducted in accordance with Section 1551.
(ii) Notwithstanding the time for hearings set forth in this chapter, a hearing conducted pursuant to this section shall be held within the timelines specified in subdivisions (f) to (h), inclusive, of Section 16519.6 of the Welfare and Institutions Code.
(iii) Consistent with subdivision (h) of Section 16519.6 of the Welfare and Institutions Code and notwithstanding Section 1550.5, proceedings regarding the temporary suspension of a resource family approval shall not include an interim hearing.
(C) The department’s order of the application denial, rescission of the approval, or another action shall remain in effect until the hearing is completed and the department has made a final determination on the merits.
(D) A foster family agency’s failure to comply with the department’s order to deny an application or rescind the approval of a resource family, or another order, by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550.
(e) Nothing in this section or in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code limits the authority of the department to inspect, evaluate, investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to this chapter or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
(f) (1) The applicable certification and oversight processes shall continue to be administered for foster homes certified by a foster family agency prior to January 1, 2017, or as specified in paragraph (2), until the certification is revoked or forfeited by operation of law pursuant to this subdivision.
(2) Notwithstanding paragraph (3), a foster family agency shall approve or deny all certified family home applications received on or before December 31, 2016, in accordance with this chapter.
(3) On and after January 1, 2017, a foster family agency shall not accept applications to certify foster homes and shall approve resource families in lieu of certifying foster homes.
(4) No later than July 1, 2019, each foster family agency shall provide the following information to its certified family homes:
(A) A detailed description of the resource family approval program.
(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.
(C) Notification that a certificate of approval shall be forfeited by operation of law, as specified in paragraph (8).
(5) The following shall apply to all certified family homes:
(A) A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B) A certified family home that 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 pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C) A certified 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 pursuant to Section 16519.5 of the Welfare and Institutions Code.
(6) A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(7) An individual who is approved as a resource family pursuant to subparagraph (B) or (C) of paragraph (5) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.
(8) All certificates of approval for certified family homes shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph:
(A) All certified 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 certificate of approval by operation of law on January 1, 2018.
(B) For certified family homes with a pending resource family application on December 31, 2020, the certificate of 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 certificate of approval shall be forfeited by operation of law upon approval as a resource family.
(g) A foster family agency may obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section.
(h) A foster family agency may review and discuss with an applicant the data contained in the statewide child welfare database, and provided to the foster family agency by a county, that is pertinent to conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.

SEC. 2.

 Section 1517.1 of the Health and Safety Code is amended to read:

1517.1.
 (a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, 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.
(2) For purposes of this section, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(b) (1) The applicable licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in paragraph (2), until the license is revoked or forfeited by operation of law pursuant to this section or Section 1524 of the Health and Safety Code.
(2) The department shall approve or deny all foster family home license applications received on or before December 31, 2016, in accordance with this chapter.
(3) On and after January 1, 2017, the department shall not accept applications to license foster family homes.
(4) The following shall apply to all foster family homes:
(A) A foster family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B) A certified family home that 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 psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C) A 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 psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5) An individual who is approved as a resource family 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.
(6) All foster family home licenses shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524.
(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 who have pending resource family applications on December 31, 2020, the foster family home license 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 upon approval as a resource family.

SEC. 2.5.

 Section 1517.1 of the Health and Safety Code is amended to read:

1517.1.
 (a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, 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.
(2) For purposes of this section, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(b) (1) The applicable licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in paragraph (2), until the license is revoked or forfeited by operation of law pursuant to this section or Section 1524.
(2) The department shall approve or deny all foster family home license applications received on or before December 31, 2016, in accordance with this chapter.
(3) On and after January 1, 2017, the department shall not accept applications to license foster family homes.
(4) The following shall apply to all foster family homes:
(A) A foster family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B) A certified family home that 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 pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C) A 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 pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5) An individual who is approved as a resource family 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.
(6) All foster family home licenses shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524.
(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 who have pending resource family applications on December 31, 2020, the foster family home license 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 upon approval as a resource family.

SEC. 3.

 Section 11402 of the Welfare and Institutions Code is amended to read:

11402.
 In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a) Prior to January 1, 2021:
(1) The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(2) The approved home of a nonrelative extended family member, as described in Section 362.7.
(3) The licensed family home of a nonrelative.
(b) The approved home of a resource family, as defined in Section 16519.5, if either of the following is true:
(1) The caregiver is a nonrelative.
(2) The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(c) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
(d) A housing unit, as described in Section 1559.110 of the Health and Safety Code, certified by a licensed transitional housing placement provider, as defined in paragraph (12) of subdivision (a) of Section 1502 of the Health and Safety Code and subdivision (r) of Section 11400.
(e) An approved supervised independent living setting for nonminor dependents, as described in subdivision (w) of Section 11400.
(f) A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(g) A short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(h) An out-of-state group home that meets the requirements of paragraph (2) of subdivision (c) of Section 11460, provided that the placement worker, in addition to complying with all other statutory requirements for placing a child or youth in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, and as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(j) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations.
(k) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(l) A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7.

SEC. 4.

 Section 11461.6 of the Welfare and Institutions Code is amended to read:

11461.6.
 (a) The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for child care following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a child care navigator to assist the family in accessing long-term subsidized child care.
(b) The Emergency Child Care Bridge Program for Foster Children shall be administered by county welfare departments that choose to participate in the program.
(c) (1) As determined by the county welfare department, and consistent with guidance issued jointly by the State Department of Social Services and the State Department of Education, counties may establish local priorities and may either provide payment directly to the family or child care provider, or contract with a local alternative payment program to distribute vouchers for child care.
(2) Counties that elect to provide payment directly to a family or child care provider shall pay commensurate with the regional market rates, as described in Section 8357 of the Education Code.
(3) For counties that elect to contract with a local alternative payment agency, as described in Section 8220 of the Education Code, to distribute child care vouchers, the vouchers shall be in an amount commensurate with the regional market rates, as described in Section 8357 of the Education Code and the contract shall not displace, or result in the reduction of, an existing contract with a current local alternative payment program.
(d) (1) Participating county welfare departments shall determine eligibility of a child for the Emergency Child Care Bridge Program for Foster Children using the criteria outlined in paragraphs (2) and (3).
(2) Family placements eligible to receive payment or a voucher for child care include all of the following:
(A) Approved resource families, as defined in Section 16519.5 and Section 1517 of the Health and Safety Code, and families that have a child placed with them in an emergency or for a compelling reason, as described in Section 16519.5.
(B) Prior to January 1, 2021, licensed foster family homes or certified family homes.
(C) Prior to January 1, 2021, approved homes of relatives, as defined in Section 319, or nonrelative extended family members, as described in Section 362.7.
(D) Parents under the jurisdiction of the juvenile court, including, but not limited to, nonminor dependent parents.
(3) A participating county welfare department may provide a payment or voucher if work or school responsibilities preclude resource families from being at home when the child for whom they have care and responsibility is not in school or for periods when the family, as described in paragraph (2), is required to participate, without the child, in activities associated with parenting a child that are beyond the scope of ordinary parental duties, including, but not limited to, attendance at administrative or judicial reviews, case conferences, and family training.
(e) Each child receiving a monthly child care payment or voucher shall be provided with a child care navigator, pursuant to paragraph (5) of subdivision (a) of Section 8212 of the Education Code, who shall work directly with the child’s family, social worker, and the child and family team to assist in accessing child care at the time of placement as well as long-term, subsidized child care for the child, as necessary.
(f) Each child receiving a monthly child care payment or voucher shall be eligible to receive the payment or voucher for up to six months. If the child and family access long-term, subsidized child care prior to the end of the six-month period covered by the payment or voucher, eligibility for the monthly payment or voucher shall terminate upon enrollment in long-term, subsidized child care.
(g) Eligibility for the monthly payment or voucher may be extended beyond the initial six-month period for an additional six-month period, not to exceed 12 months in total, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial six-month period.
(h) The department shall seek all federal approvals necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act in order to maximize state and local funding for child care.
(i) This section shall not be interpreted to create an entitlement to child care payment or voucher.
(j) The program established pursuant to this section is intended to complement county child welfare agency efforts to recruit, retain, and support resource families as described in Section 16003.5, and any funding provided to counties pursuant to this section shall supplement those county activities to support the goals of Chapter 773 of the Statutes of 2015 and Chapter 612 of the Statutes of 2016.
(k) This section shall become operative on January 1, 2018.

SEC. 5.

 Section 16501.01 of the Welfare and Institutions Code is amended to read:

16501.01.
 (a) A county may arrange for respite care for a child or nonminor dependent supervised by the county, which may be provided by any of the following:
(1) Prior to January 1, 2021, a licensed foster family home or certified family home.
(2) Prior to January 1, 2021, the approved home of a relative, as defined in Section 319, or nonrelative extended family member, as described in Section 362.7.
(3) An approved resource family, as defined in Section 16519.5 of this code and Section 1517 of the Health and Safety Code.
(4) At the option of a county, a respite care provider certified by the county pursuant to subdivision (b).
(b) A county electing to certify respite care providers shall do all of the following:
(1) Ensure an inspection of the home and grounds of the prospective respite care provider, consistent with standards developed under the resource family approval program, to determine that the home and grounds are free of conditions that may pose an undue risk to the health and safety of a child or nonminor dependent.
(2) Secure and evaluate the criminal record of the prospective respite care provider and all adults residing in the home pursuant to Section 1522 of the Health and Safety Code. The prospective respite care provider and all adults residing in the home shall obtain a criminal record clearance or exemption prior to certification. A nonminor dependent shall not be subject to criminal background clearances pursuant to Sections 1522 and 1522.1 of the Health and Safety Code for the purpose of certifying a prospective respite care provider.
(3) Check if the prospective respite care provider is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code.
(4) Determine whether the prospective respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent.
(5) Require the prospective respite care provider to complete the training specified in paragraph (13) of subdivision (g) of Section 16519.5.
(c) Notwithstanding the requirements of subdivision (b), when the need for respite care is unanticipated and the proposed respite care provider is a relative of the child, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, and the proposed respite care provider has an established relationship with the child, nonminor dependent, or caregiver and it is in the best interest of the child or nonminor dependent, the county electing to certify respite care providers shall do all of the following:
(1) Cause a state-level criminal records check to be conducted by an appropriate government agency through the California Law Enforcement Telecommunications System pursuant to Section 16504.5 and assess the results consistent with Section 361.4.
(2) Check if the relative or nonrelative extended family member is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code.
(3) Determine whether the proposed respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent.
(4) Permit a proposed respite care provider who has not completed the required training to provide respite care to a child or nonminor dependent.
(d) Nothing in this section shall prohibit a county from requiring that a respite care provider meet additional standards in order to be certified as a respite care provider by the county.
(e) Unless otherwise prohibited by the child’s social worker, probation officer, or court order, nothing in this section shall prohibit a resource family from arranging for a babysitter or alternative caregiver to provide, on an occasional basis, care and supervision to a child placed in the home.
(f) (1) A home certified as a respite care provider shall not be an eligible placement for a child who is the subject of a voluntary placement agreement, has been adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325.
(2) A home certified as a respite care provider shall not be eligible to receive AFDC-FC or Approved Relative Caregiver funding. Nothing in this paragraph shall prevent a county from using other available funds to support respite care services.
(g) Until regulations are adopted, the department may implement this section through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 6.

 Section 16507.5 of the Welfare and Institutions Code is amended to read:

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.
(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) A home or facility in accordance with the federal Indian Child Welfare Act.
(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.

SEC. 7.

 Section 16519.5 of the Welfare and Institutions Code is amended to read:

16519.5.
 (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early implementation of the program upon authorization by the department.
(3) The State Department of Social Services shall be responsible for all of the following:
(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.
(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.
(C) Entering into terms and conditions for early implementation participation in the program by counties.
(4) Counties participating in the early implementation of the program shall be responsible for all of the following:
(A) Submitting an implementation plan.
(B) Entering into terms and conditions for early implementation participation in the program.
(C) Consulting with the county probation department in the development of the implementation plan.
(D) Training appropriate staff.
(E) Accepting applications from resource families within the timeframes established by the department.
(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.
(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.
(7) This subdivision shall become inoperative on January 1, 2017.
(c) (1) For the 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 his or her role as a resource family and the capacity to work cooperatively with the agency and other service providers in implementing the child’s case plan.
(D) The financial ability within the household to ensure the stability and financial security of the family. 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.
(2) For purposes of this article, and unless otherwise specified, references to a “child” shall include a “nonminor dependent” and “nonminor former dependent or ward,” as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309 or 361.45, or placement with a resource family applicant pursuant to subdivision (e), does not entitle an applicant 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 shall be considered approved for adoption and guardianship.
(B) 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.
(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. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(C) 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, comply with the written directives or regulations adopted pursuant to this section, and comply with other 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) Nothing in this paragraph shall 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. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (C) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal records exemption has been granted under 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 a minor traffic violation 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 records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(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 also require the following:
(i) That the applicant demonstrates an understanding about the rights of children in care and his or her responsibility to safeguard those rights.
(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child’s case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.
(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 psychosocial assessment of an applicant, which shall include the results of a risk assessment.
(i) When the applicant is a relative or nonrelative extended family member to an identified child, the psychosocial assessment 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 psychosocial assessment, 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 with a family that has successfully completed the home environmental assessment, the permanency assessment shall be completed within 90 days of the application to become a resource family, unless good cause exists based upon the needs of the child.
(B) If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose permanency assessment goes beyond 90 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 shall be completed within 90 days of the child’s placement in the home, unless good cause exists based upon the needs of the child.
(B) If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C) The county shall report to the department, on a quarterly basis, the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(2) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(3) Any child placed under this subdivision shall be afforded all the rights set forth in Section 16001.9 and in the written directives or regulations adopted pursuant to this section.
(4) Nothing in this section shall 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.
(5) 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, or 361.45.
(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.
(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. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a 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) Updating the Legislature on the early implementation phase of the program, including the status of implementation, successes, and challenges during the early implementation phase, and relevant available data, including resource family satisfaction.
(8) 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.
(9) 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, 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.
(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 evaluation of 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 court, 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 decision 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 annually 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 day care 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 annual 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 to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(8) (A) Investigating all complaints against a resource family and taking action as necessary, 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 under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment or psychosocial assessment 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 report specified in paragraph (6) of subdivision (f).
(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval 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, and other service providers implementing the case plan.
(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(M) A resource family’s responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N) An overview of the specialized training identified in subdivision (h).
(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.
(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).
(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.
(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7) Understanding the different permanency options and the services and benefits associated with the options.
(i) Nothing in this section shall preclude a county 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. Nothing in this subdivision shall 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 psychosocial assessment.
(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11253.45, 11460, 11461, and 11463, and subdivision (l) of Section 11461.3, 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 set forth under 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 thereto.
(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 shall apply 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 psychosocial assessment.
(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 psychosocial assessment.
(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 hereto prior to approval and in order to maintain approval.
(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.
(3) Nothing in this section shall be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.
(5) This subdivision shall become inoperative on January 1, 2017.
(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.

SEC. 7.5.

 Section 16519.5 of the Welfare and Institutions Code is amended to read:

16519.5.
 (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early implementation of the program upon authorization by the department.
(3) The State Department of Social Services shall be responsible for all of the following:
(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.
(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.
(C) Entering into terms and conditions for early implementation participation in the program by counties.
(4) Counties participating in the early implementation of the program shall be responsible for all of the following:
(A) Submitting an implementation plan.
(B) Entering into terms and conditions for early implementation participation in the program.
(C) Consulting with the county probation department in the development of the implementation plan.
(D) Training appropriate staff.
(E) Accepting applications from resource families within the timeframes established by the department.
(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.
(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.
(7) This subdivision shall become 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 his or her role as a resource family and the capacity to work cooperatively with the agency and other service providers in implementing the child’s case plan.
(D) The financial ability within the household to ensure the stability and financial security of the family. 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.
(2) For purposes of this article, and unless otherwise specified, references to a “child” shall include a “nonminor dependent” and “nonminor former dependent or ward,” as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309 or 361.45, or placement with a resource family applicant pursuant to subdivision (e), does not entitle an applicant 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 shall be considered approved for adoption and guardianship.
(B) 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.
(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 or 361.45, or paragraph (1) of subdivision (e) of Section 16519.5.
(D) The cessation of an application review pursuant to this paragraph shall 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, comply with the written directives or regulations adopted pursuant to this section, and comply with other 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) Nothing in this paragraph shall 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. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (C) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal records 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 a minor traffic violation 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 records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(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 also require the following:
(i) That the applicant demonstrates an understanding of the rights of children in care and his or her responsibility to safeguard those rights.
(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child’s case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.
(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 with a family that has successfully completed the home environmental assessment, the permanency assessment shall be completed within 90 days of the application to become a resource family, unless good cause exists based upon the needs of the child.
(B) If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose permanency assessment goes beyond 90 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 90 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 90 days and summarize the reasons for these delays.
(2) The home environment, permanency assessments, and the written report described in paragraph (5) of subdivision (g) shall be completed within 90 days of a child’s placement with a relative or nonrelative extended family member pursuant to Section 309 or 361.45, 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) Any child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.
(5) This section shall 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, or 361.45.
(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.
(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. The review shall include case file documentation and may include onsite inspection of individual resource families. The review shall occur on an annual basis and more frequently if the department becomes aware that a 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) Updating the Legislature on the early implementation phase of the program, including the status of implementation, successes, and challenges during the early implementation phase, and relevant available data, including resource family satisfaction.
(8) 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.
(9) 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, 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.
(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 annually 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 day care 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 annual 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 to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(8) (A) Investigating all complaints against a resource family and taking action as necessary, 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 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, and other service providers implementing the case plan.
(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(M) A resource family’s responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N) An overview of the specialized training identified in subdivision (h).
(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.
(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).
(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.
(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 shall 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 11253.45, 11460, 11461, and 11463, and subdivision (l) of Section 11461.3, 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 shall apply 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 shall not be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.
(5) This subdivision shall become inoperative on January 1, 2017.
(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.

SEC. 8.

 Section 18360 of the Welfare and Institutions Code is amended to read:

18360.
 As used in this chapter, the following terms have the following meanings:
(a) “Client support staff” means professional and paraprofessional staff or contractors who meet the experience and education requirements of paragraphs (2), (3), and (4) of subdivision (c) of Section 18360.10, and are operating within the scope of practice of their license or certification, to provide support and services to the eligible child and other individuals, as approved by the placing agency and informed by the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, or the individualized health care plan team, as defined in subdivision (d) of Section 17710.
(b) “Eligible child” means a child or nonminor dependent in foster care who has intensive needs, including, but not limited to, medical, therapeutic, or behavioral needs.
(c) “Intensive services foster care” means a licensed foster family agency model or public delivery model of home-based family care for eligible children whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and support in order to remain in a home-based setting, or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center.
(d) “Intensive services foster care resource family” means a resource family, as defined in Section 16519.5 of this code or Section 1517 of the Health and Safety Code and, until December 31, 2020, a licensed foster family home or a certified family home of a licensed foster family agency that has met the training requirements in this chapter or is in the process of completing training pursuant to paragraph (5) of subdivision (b) of Section 18360.10.
(e) “Intensive services foster care resource parent” means a foster parent of an intensive services foster care resource family.
(f) “Licensed foster family agency model” means an intensive services foster care program operated by a private nonprofit agency or a county that is licensed as a foster family agency.
(g) “Public delivery model” means an intensive services foster care program directly operated by a county as a governmental program.
(h) “Urgent placement needs” means immediate and extenuating circumstances requiring immediate placement with an intensive services foster care resource parent, as determined by the county placing agency based on the level of care rate protocol.

SEC. 8.5.

 Section 18360 of the Welfare and Institutions Code is amended to read:

18360.
 As used in this chapter, the following terms have the following meanings:
(a) “Client support staff” means professional and paraprofessional staff or contractors who meet the experience and education requirements of paragraphs (2), (3), and (4) of subdivision (c) of Section 18360.10, and are operating within the scope of practice of their license or certification, to provide support and services to the eligible child and other individuals, as approved by the placing agency and informed by the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, or the individualized health care plan team, as defined in subdivision (d) of Section 17710.
(b) “Eligible child” means a child or nonminor dependent in foster care who has intensive needs, including, but not limited to, medical, therapeutic, or behavioral needs.
(c) “Intensive services foster care” means a licensed foster family agency model or public delivery model of home-based family care for eligible children whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and support in order to remain in a home-based setting, or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center.
(d) “Intensive services foster care resource family” means a resource family, as defined in Section 16519.5 of this code or Section 1517 of the Health and Safety Code and, until December 31, 2020, a licensed foster family home or a certified family home of a licensed foster family agency, or, before January 1, 2020, the approved home of a relative or nonrelative extended family member, that has met the training requirements in this chapter or is in the process of completing training pursuant to paragraph (5) of subdivision (b) of Section 18360.10.
(e) “Intensive services foster care resource parent” means a foster parent of an intensive services foster care resource family.
(f) “Licensed foster family agency model” means an intensive services foster care program operated by a private nonprofit agency or a county that is licensed as a foster family agency.
(g) “Public delivery model” means an intensive services foster care program directly operated by a county as a governmental program.
(h) “Urgent placement needs” means immediate and extenuating circumstances requiring immediate placement with an intensive services foster care resource parent, as determined by the county placing agency based on the level of care rate protocol.

SEC. 9.

 (a) Section 1.5 of this bill incorporates amendments to Section 1517 of the Health and Safety Code proposed by both this bill and Assembly Bill 1930. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 1517 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 1930, in which case Section 1 of this bill shall not become operative.
(b) Section 2.5 of this bill incorporates amendments to Section 1517.1 of the Health and Safety Code proposed by both this bill and Assembly Bill 1930. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 1517.1 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 1930, in which case Section 2 of this bill shall not become operative.
(c) Section 7.5 of this bill incorporates amendments to Section 16519.5 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1930. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 16519.5 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1930, in which case Section 7 of this bill shall not become operative.
(d) Section 8.5 of this bill incorporates amendments to Section 18360 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1930. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 18360 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1930, in which case Section 8 of this bill shall not become operative.

SEC. 10.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.