Amended  IN  Senate  June 15, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 808

Introduced by Assembly Member Stone
(Coauthors: Assembly Members Cooley and Blanca Rubio Cooley, Blanca Rubio, and Villapudua)

February 16, 2021

An act to amend Sections 1502 and 1562.01 of, and to add Section 1502.25 to, the Health and Safety Code, and to amend Sections 11400, 11402, and 16521.6 of, to add Sections 11461.7 and 18257.5 to, to add Chapter 6 (commencing with Section 16550) to Part 4 of Division 9 of, and to repeal Section 16555 of, the Welfare and Institutions Code, relating to foster youth. youth, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 808, as amended, Stone. Children’s Crisis Continuum Pilot Program. Foster youth.
(1) Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities, including short-term residential therapeutic programs, by the State Department of Social Services. A violation of the act is a misdemeanor.
Existing law provides for the implementation of the resource family approval process, 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 imposes various requirements on resource families, including training standards.
This bill would require the department to license specialized foster homes as residential facilities providing board, care, and supervision by a resource parent pursuant to standards developed in consultation with specified entities and persons. The bill would require specialized foster homes to meet prescribed standards, including training, that apply to resource families, and to complete training as a condition of obtaining and maintaining licensure. The bill would establish rates standards, including regional rate requirements, and, by January 1, 2023, would require the department to adopt regulations and determine appropriate provider rates. The bill would authorize the department to implement these provisions by specified means, including information releases, until the department adopts regulations. Because a willful violation of the bill’s requirements relative to specialized foster homes under the act would be a crime, the bill would impose a state-mandated local program.
Existing law defines “short-term residential therapeutic program” as a residential facility licensed by the department and operated by any public agency or private organization that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children, including foster children.
This bill would require a short-term residential therapeutic program, as a condition of licensure, to provide specified trauma-informed support and transition services to foster youth as part of a planned or unplanned discharge. By creating requirements for short-term residential therapeutic programs, the violation of which is a crime, the bill would impose a state-mandated local program.
(2) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to specified foster care providers on behalf of qualified children in foster care. Existing law requires the department to administer a state system for establishing rates in the AFDC-FC program.
This bill would make specialized foster homes eligible for the AFDC-FC program. By imposing new duties on counties, this bill would impose a state-mandated local program.
Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law requires the State Department of Social Services and the State Department of Developmental Services to develop objective criteria to be used by counties in determining eligibility for AFDC-FC and the level of a supplement to that rate for children who the county determines need extraordinary care and supervision.
This bill would require the State Department of Social Services, by February 1, 2022, to update its payment guidance to authorize counties to claim federal funding for placements made to a regional center vendored facility.
(3) Existing law requires the Secretary of California Health and Human Services and the Superintendent of Public Instruction to establish a joint interagency resolution team, consisting of representatives from specified state departments, whose primary roles would be to develop guidance and provide support and technical assistance to counties with regard to those children and youth and the memoranda of understanding. Existing law required the team, no later than January 1, 2020, to review the placement and service options available to county child welfare agencies and county probation departments for those children and youth, and to develop and submit recommendations to the Legislature, on identified gaps in placement, needed services, and a centralized process for services.
This bill would require the joint interagency resolution team to update that review and provide recommendations to the Legislature no later than December 31, 2022, that take into account the specific needs and characteristics of youth with unplanned discharges from short-term residential therapeutic programs and youth for whom counties were unable to, or have difficulty with, securing placements and providing trauma-informed services, and articulate a plan to build trauma-informed, therapeutic programs for those in-state youth. The bill would require the joint interagency resolution team to track and report deidentified information of youth who have been assisted to preserve, or secure new, intensive therapeutic options and to post that information on the internet website of the California Health and Human Services Agency.
This bill would continuously appropriate $20,000,000 from the General Fund, on an annual basis, to the State Department of Social Services for use by county child welfare and probation agencies to support foster youth with unplanned discharges or who are unable to secure a therapeutic program due to exceptional needs, to be allocated to counties in a manner determined by the department in consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. The bill would end that continuous appropriation in the fiscal year following a determination by the joint interagency resolution team of adequate capacity of high-end services and supports for foster youth. The bill would require the joint interagency team to oversee the execution of a statewide request for proposal for services to youth with severe mental health and intellectual or developmental disabilities and to report to the State Department of Social Services on the status of services, to be included in a specified report. The bill would appropriate $2,000,000 to the department to support that contract.
The bill would require the joint interagency resolution team to convene stakeholders to determine the feasibility of, and make recommendations for, establishing one or more child and family networks of care to consolidate purchasing power across counties and enhancing quality improvement activities to meet the needs of children, youth, and families involved and at risk of involvement in the child welfare and juvenile justice systems, and would require the joint interagency resolution team to submit prescribed reports to the Legislature.

Existing

(4) Existing law generally provides for the placement of foster youth in various placement settings, and governs the provision of mental health services to foster youth. Among other things, existing law authorizes foster youth to be placed in a short-term residential therapeutic program if an interagency placement committee determines that the youth meets certain criteria, including that the youth either meets the medical necessity criteria for Medi-Cal specialty mental health services, is assessed as seriously emotionally disturbed, or their individual behavioral or treatment needs can only be met by the level of care provided in a short-term residential therapeutic program. Existing law also establishes an intensive services foster care program to provide specialized programs to serve children with specific needs, including behavioral and specialized health care needs.
This bill would require the State Department of Social Services, in collaboration with the State Department of Health Care Services, to establish the Children’s Crisis Continuum Pilot Program for the purpose of developing treatment options that are needed to support California’s commitment to eliminate the placement of foster youth with complex needs in out-of-state facilities. The bill would require the pilot program to be implemented for 5 years. The bill would require the State Department of Social Services to take specified actions, including, among other things, including providing technical assistance to applicants and participating entities, awarding grants to participating entities, and developing a request for proposal process and selection criteria to determine which applicants will participate in the pilot program. The bill would require the selection criteria to include certain components, including, among other things, including submission of a plan of operation by an applicant. The bill would require the State Department of Social Services to select counties or regional collaboratives of counties on a competitive basis and would require proposals to participate in the pilot program to be submitted no later than March 1, 2022, and would require grant funds to be disbursed no later than May 1, 2022.
This bill would require participating entities to develop and implement a highly integrated continuum of care for foster youth with high acuity mental health needs that permits the seamless transition of foster youth between treatment settings and programs, as needed for the appropriate treatment of the foster youth. The bill would authorize a participating entity to adjust or modify any required component of the continuum of care based on local needs and circumstances. The bill would require the continuum of care, across all service settings, to reflect specified core program features and service approaches, including, among other things, including highly individualized and trauma-informed services.
The bill would state the intent of the Legislature to appropriate moneys to the State Department of Social Services in the annual Budget Act or another statute for the purpose of administering a grant program to provide funding to participating entities for the duration of the pilot program. The bill would require the department, by April 1, 2025, to submit a report relating to the pilot program to the Assembly Committee on Human Services and the Senate Committees on Human Services. The bill would authorize the pilot program to be implemented through all-county letters or other similar instruction and would require any guidance issued pursuant to that authorization to be issued by January 1, 2023. 2022.
(5) Existing law requires each county to, at the county’s option, develop a county plan for wraparound services. Existing law requires the State Department of Social Services to seek applicable federal approval to make the maximum number of children being served through wraparound services eligible for federal financial participation, and to amend any applicable state regulations to the extent necessary to eliminate any limitations on the numbers of children who can participate in those programs.
This bill would additionally require the State Department of Social Services and the State Department of Health Care Services, in consultation with county representatives and other stakeholders, to develop recommendations for implementing and expanding high-fidelity wraparound services statewide.
(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 specified reasons.
(7) This bill would appropriate $9,000,000 from the General Fund to the State Department of Developmental Services to expand home- and community-based regional center vendored facilities serving children with intellectual and developmental disabilities who are in crisis or require specialized, ongoing care and services.
Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Chapter 773 of the Statutes of 2015 and Chapter 425 of the Statutes of 2015 established the statutory framework to decrease the use of residential placement for youth and support a continuum of care inclusive of social and behavioral health services delivered in family- and community-based settings. In the years since implementing this legislation, California has made clear and impactful progress in developing alternative, therapeutic, family-based placement options for foster youth.
(2) Further, Chapter 815 of the Statutes of 2018 built upon the Continuum of Care Reform effort by promoting a coordinated, timely, and trauma-informed system-of-care approach for children and youth in foster care who have experienced severe trauma. The law requires county-level, cross-systems memorandums of understanding, a joint interagency resolution team to promote access to services for youth and families, and an analysis of gaps in placement types or availability and recommendations to fill those gaps.
(3) Despite these important gains, it remains that some child welfare- and juvenile-justice-involved youth have complex, persistent, and pervasive cross-system needs, including behavioral health that cannot be safely met in a family-based placement setting. While short-term residential therapeutic programs, established pursuant to Chapter 773 of the Statutes of 2015, were originally conceptualized to meet this need, for a multitude of reasons, those programs do not represent the intensive tier of treatment needed to serve the small number of youth with the most profound needs who are served by child welfare and probation agencies.
(4) Until December 2020, due to the lack of intensive treatment options available in California, foster youth with the most complex, persistent, and pervasive needs were placed in out-of-state residential settings far from their homes and communities.
(5) In December 2020, the State Department of Social Services decertified all out-of-state facilities, leading to the expedited return of all foster youth residing in out-of-state placements to California.
(6) However, the system gaps that led to out-of-state placements still exist and there is an urgent imperative to address these system gaps for this small population of youth in order to support California’s commitment to children, youth, and families served by the foster care system. Currently, there is not a sufficient number of intensive crisis treatment options for youth with the highest acuity needs, nor a continuum to both prevent and assist in the transition of youth from intensive treatment.
(7) Youth impacted by commercial sexual exploitation, youth with high acuity intellectual disabilities, and youth with behavioral health needs require specialized and individually tailored services and supports that are not always available within California.
(8) According to the State Department of Social Services 2018 Semi-Annual report on the Title IV-E Well-Being Project, “securing placement homes for high acuity youth is difficult as there is currently a lack of families prepared for and/or willing to care for these youth.”
(9) Foster youth experiencing an acute behavioral health crisis must have access to an integrated continuum of intensive and highly individualized crisis treatment settings to support stabilization and step-down to home-based care. These continuums must be available across the state to reduce the need for traumatic and costly ambulance transportation across significant distances.
(10) Only in the most critical and urgent situations where the safety of the youth is of concern should restrictive treatment settings be considered. When those options are utilized, facilities must align their services and programs to the trauma-informed care required by federal and state laws, with additional safeguards in place to reduce lengths of stay and assurances that youth and families are connected seamlessly to a continuum of care and services to promote healing and step-down to home-based care.
(b) It is the intent of the Legislature in enacting this act, in alignment with the goals of Continuum of Care Reform and Chapter 815 of the Statutes of 2018, to establish systems of care to build trauma-informed services in home- and community-based settings, to establish a roadmap with short- and long-term strategies for state and local agencies, working in partnership, to ultimately meet these desired goals and improve safety, permanency, and well-being outcomes for children, youth, and families served by the foster care system.

SEC. 2.

 Section 1502 of the Health and Safety Code is amended to read:

1502.
 As used in this chapter:
(a) “Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes all of the following:
(1) “Residential facility” means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2) “Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3) “Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4) “Foster family agency” means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
(A) Recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families.
(B) Coordinating with county placing agencies to find homes for foster children in need of care.
(C) Providing services and supports to licensed or certified foster parents, county-approved resource families, and children to the extent authorized by state and federal law.
(5) “Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6) “Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7) “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8) “Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to This section does not prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9) (A) “Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(i) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(ii) Assesses the birth parents, prospective adoptive parents, or child.
(iii) Places children for adoption.
(iv) Supervises adoptive placements.
(B) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10) (A) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(i) Assesses the prospective adoptive parents.
(ii) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(iii) Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
(B) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11) “Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12) “Transitional housing placement provider” means an organization licensed by the department pursuant to Section 1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13) “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14) “Youth homelessness prevention center” means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to homeless youth, youth who are at risk of homelessness, youth who are exhibiting status offender behavior, or runaway youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17) “Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18) “Short-term residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program.
(19) “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, which, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.
(20) “Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.
(21) “Children’s crisis residential program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which the State Department of Health Care Services has delegated approval authority, to operate a children’s crisis residential mental health program approval pursuant to Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization.
(22) “Specialized foster home” means a facility licensed by the department as providing 24-hour care for foster children that is the residence of the foster parent or parents, including their family, with enhanced care and supervision provided by the foster parent or parents who have completed specialized training and meet other requirements pursuant to standards developed by the department, as specified in Section 1502.25, to meet the higher level of needs of youth placed by county child welfare agencies or probation departments. The residence may be owned or operated by the foster parent or parents, a foster family agency, short-term residential treatment facility, or the county.
(b) “Department” or “state department” means the State Department of Social Services.
(c) “Director” means the Director of Social Services.

SEC. 3.

 Section 1502.25 is added to the Health and Safety Code, immediately following Section 1502.21, to read:

1502.25.
 (a) (1) The department shall license specialized foster homes as residential facilities providing board, care, and supervision by a resource parent pursuant to standards developed in consultation with county placing agencies and interested stakeholders.
(2) At a minimum, specialized foster homes shall meet the standards described in Section 16519.5 of the Welfare and Institutions Code. These standards shall include, but are not limited to, training standards that include trauma-informed approaches to meet the needs of children, youth, and nonminor dependents who reside in specialized foster homes. The specialized foster homes shall complete training as a condition of obtaining and maintaining licensure, as directed by the department. Training topics shall include, but not be limited to, all of the following:
(A) Developing strong independent living skills.
(B) Promoting and facilitating connections for youth with family and important adult connections, with the goal of facilitating relational permanency.
(C) Providing support to achieve educational outcomes and career and educational goals. This shall include active engagement in any educational plan developed for the youth, as appropriate.
(D) Providing emotional support to youth and supporting the youth’s journey to recovery and healing from trauma and engaging in the child or youth’s mental health treatment plan, as appropriate.
(E) Promoting health and wellness activities, including encouraging and facilitating attendance in any extracurricular activities.
(F) Requiring participation in any child and family team meetings and transitional independent living planning.
(G) Training in topics described in Section 16519.5 of the Welfare and Institutions Code.
(b) The rate paid to the resource parent shall be established by the department to include regional rates, and may include multiple rates based on the models to be developed by the department in consultation with county placing agencies and relevant stakeholders, and shall not exceed the rate paid for short-term residential treatment programs.
(c) By January 1, 2023, the department shall adopt regulations and determine appropriate provider rates to implement this section, in consultation with county placing agencies and interested stakeholders. The rates shall be based on actual estimated costs and may include costs that are ineligible for federal financial participation. These rates shall be adjusted based on cost-of-living changes on an annual basis, effective July 1 of each year.
(d) Except as otherwise provided by law, the 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 shall apply to specialized foster homes.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by publishing information releases or similar instructions from the director until the regulations adopted by the department pursuant to subdivision (c) become effective.

SEC. 4.

 Section 1562.01 of the Health and Safety Code is amended to read:

1562.01.
 (a) The department shall license short-term residential therapeutic programs, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential therapeutic program shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(b) (1) A short-term residential therapeutic program shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (6) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
(3) A short-term residential therapeutic program shall have up to 24 months from the date of licensure to obtain accreditation.
(4) A short-term residential therapeutic program shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
(5) This subdivision does not preclude the department from requesting additional information from the short-term residential therapeutic program regarding its accreditation status.
(6) The department may revoke a short-term residential therapeutic program’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
(c) (1) A short-term residential therapeutic program shall have up to 12 months from the date of licensure to obtain in good standing a mental health program approval that includes a Medi-Cal mental health certification, as set forth in Sections 4096.5 and 11462.01 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program shall maintain the program approval described in paragraph (1) in good standing during its licensure.
(3) The department shall track the number of licensed short-term residential therapeutic programs that were unable to obtain a mental health program approval and provide that information to the Legislature annually as part of the State Budget process.
(d) (1) A short-term residential therapeutic program shall prepare and maintain a current, written plan of operation as required by the department.
(2) The plan of operation shall include, but not be limited to, all of the following:
(A) A statement of purposes and goals.
(B) A plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of staff and children.
(C) A program statement that includes all of the following:
(i) Description of the short-term residential therapeutic program’s ability to support the differing needs of children and their families with short-term, specialized, and intensive treatment.
(ii) Description of the core services, as set forth in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
(iii) Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential therapeutic program and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided to meet the treatment needs of the child as assessed, pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code, the anticipated duration of the treatment, and the timeframe and plan for transitioning the child to a less restrictive family environment.
(iv) A description of the population or populations to be served.
(v) A description of compliance with the mental health program approval requirement in subdivision (c). A short-term residential therapeutic program that has not satisfied the requirement in subdivision (c) shall demonstrate the ability to meet the mental health service needs of children.
(vi) (I) A description of how the short-term residential therapeutic program, in accordance with the child’s case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, both of the following:
(ia) Identification of home-based family settings for a child who no longer needs the level of care and supervision provided by a short-term residential therapeutic program.
(ib) Continuity of care, services, and treatment as a child moves from his or her their short-term residential therapeutic program placement to home-based family care or to a permanent living situation through reunification, adoption, or guardianship.
(II) This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.
(vii) Any other information that may be prescribed by the department for the proper administration of this section.
(e) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential therapeutic program shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(f) (1) (A) (i) A short-term residential therapeutic program applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
(ii) The letter of recommendation shall include a statement that the county placing agency reviewed a copy of the applicant’s program statement.
(iii) If the letter of recommendation is not from the county in which the facility is located, the short-term residential therapeutic program applicant shall include, with its application, a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
(B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. Nothing in this paragraph shall constitute a denial of the application for purposes of Section 1526 or any other law.
(C) A new letter of recommendation is not shall not be required when a short-term residential therapeutic program moves locations.
(2) A short-term residential therapeutic program shall submit a copy of its program statement to all county placing agencies from which the short-term residential therapeutic program accepts placements, including the county in which the facility is located, for optional review when the short-term residential therapeutic program updates its program statement.
(g) (1) The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential therapeutic programs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2) Requirements shall include, but not be limited to, all of the following:
(A) Staff classifications.
(B) Specification of the date by which employees shall be required to meet the education and qualification requirements.
(C) Any other requirements that may be prescribed by the department for the proper administration of this section.
(h) The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include the following:
(1) Timeframes for completion of training, including all of the following:
(A) Training that shall be completed prior to unsupervised care of children.
(B) Training to be completed within the first 180 days of employment.
(C) Training to be completed annually.
(2) Topics to be covered in the training shall include, but are not limited to, the following:
(A) Child and adolescent development, including sexual orientation, gender identity, and gender expression.
(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) The rights of a child in foster care, 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.
(D) Positive discipline and the importance of self-esteem.
(E) Core practice model.
(F) An overview of the child welfare and probation systems.
(G) Reasonable and prudent parent standard.
(H) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(I) Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children.
(J) 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.
(K) Permanence, well-being, and educational needs of children.
(L) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; school, and ensuring a harassment and violence free harassment- and violence-free school environment pursuant to Article 3.6 (commencing with Section 32228) Article 5 (commencing with Section 32250) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(M) Best practices for providing care and supervision to nonminor dependents.
(N) Health issues in foster care.
(O) Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma-informed crisis management planning.
(i) (1) Each person employed as a facility manager or staff member of a short-term residential therapeutic program, who provides direct care and supervision to children and youth residing in the short-term residential therapeutic program shall be at least 21 years of age.
(2) This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential therapeutic program that was operating under a group home license prior to January 1, 2017.
(j) Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential therapeutic programs, which may include, but not be limited to, requirements related to application and plan of operation.
(k) A short-term residential therapeutic program shall have a qualified and certified administrator, as set forth in Section 1522.41.
(l) As a condition of licensure, a short-term residential therapeutic program shall provide trauma-informed support and transition services to foster youth as part of a planned or unplanned discharge. This shall include participation in any county- or state-level meetings pursuant to Section 16521.6 of the Welfare and Institutions Code with the goal of placement preservation whenever possible or, if necessary, identifying and working with alternative short-term residential therapeutic programs or other providers to directly transition the youth.

(l)

(m) The department shall have the authority to inspect a short-term residential therapeutic program pursuant to the system of governmental monitoring and oversight developed by the department pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.

SEC. 5.

 Section 11400 of the Welfare and Institutions Code is amended to read:

11400.
 For purposes of this article, and Article 6 (commencing with Section 11450), the following definitions shall apply:
(a) “Aid to Families with Dependent Children-Foster Care (AFDC-FC)” means the aid provided on behalf of needy children in foster care under the terms of this division.
(b) “Case plan” means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the child’s needs. It shall also include the agency’s plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the child’s family, and the foster parents, in order to meet the child’s needs while in foster care, and to reunify the child with the child’s family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c) “Certified family home” means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d) “Family home” means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e) “Small family home” means any residential facility, in the licensee’s family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f) “Foster care” means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g) “Foster family agency” means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h) “Group home” means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i) “Periodic review” means review of a child’s status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the child’s return home or establishment of alternative permanent placement.
(j) “Permanency planning hearing” means a hearing conducted by the juvenile court in which the child’s future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
(k) “Placement and care” refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the child’s placement; or to the responsibility designated to an individual by virtue of the individual being appointed the child’s legal guardian.
(l) “Preplacement preventive services” means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
(m) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand” or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
(n) “Nonrelative extended family member” means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
(o) “Voluntary placement” means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
(p) “Voluntary placement agreement” means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
(q) “Original placement date” means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
(r) (1) “Transitional housing placement provider” means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide supervised transitional housing services to foster children who are at least 16 years of age. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(2) Prior to Before licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
(s) “Transitional Housing Program-Plus” means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
(t) “Whole family foster home” means a resource family, licensed foster family home, approved relative caregiver or nonrelative extended family member’s home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and their child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for the child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
(u) “Mutual agreement” means any of the following:
(1) A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminor’s continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminor’s and social worker’s or probation officer’s agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(2) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), “nonminor former dependent or ward” has the same meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.
(v) “Nonminor dependent” means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria:
(1) The nonminor dependent has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, and as described in Section 10103.5.
(2) The nonminor dependent is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
(3) The nonminor dependent has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403.
(w) “Supervised independent living placement” means, on and after January 1, 2012, an independent supervised setting in which the nonminor dependent is living independently, pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)).
(x) “Supervised independent living setting,” pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)), includes all of the following:
(1) A supervised independent living placement, as defined in subdivision (w), and as specified in a nonminor dependent’s transitional independent living case plan.
(2) A residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement program for nonminor dependents, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(3) A transitional living setting approved by the county to support youth who are entering or reentering foster care or transitioning between placements. The short-term independent living setting shall not include a youth homelessness prevention center or an adult homeless shelter. A transitional living setting approved by the county for purposes of this paragraph is not subject to licensing pursuant to paragraph (4) of subdivision (l) of Section 1505 of the Health and Safety Code.
(y) “Transitional independent living case plan” means, on or after January 1, 2012, a child’s case plan submitted for the last review hearing held before the child reaches 18 years of age or the nonminor dependent’s case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s appropriate supervised placement setting, and the nonminor’s permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) “Voluntary reentry agreement” means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminor’s desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminor’s desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s agreement to work collaboratively with the placing agency to develop their transitional independent living case plan within 60 days of reentry, the nonminor’s agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminor’s agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agency’s efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminor’s agreement to return to the care and support of their former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) “Nonminor former dependent or ward” means, on and after January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d) of Section 728, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
(ab) “Youth homelessness prevention center” means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible ineligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
(ac) “Transition dependent” is a minor between 17 years and five months and 18 years of age who is subject to the court’s transition jurisdiction under Section 450.
(ad) “Short-term residential therapeutic program” means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the child’s or youth’s case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae) “Resource family” means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af) “Core Services” mean services, made available to children, youth, and nonminor dependents either directly or secured through agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
(ag) “Specialized foster home” has the same meaning as that term is defined in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code, and described in Section 1502.25 of the Health and Safety Code.

SEC. 6.

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

11402.
 In order to To be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a) Prior to Before 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.
(m) On or after April 1, 2021, a residential family-based treatment facility for substance abuse, in which an eligible child is placed with a parent in treatment, licensed pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code, and the placement and facility meets all of the requirements of subdivision (j) of Section 672 of Title 42 of the United States Code.
(n) “Specialized foster home” has the same meaning as that term is defined in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code, and described in Section 1502.25 of the Health and Safety Code.

SEC. 7.

 Section 11461.7 is added to the Welfare and Institutions Code, immediately following Section 11461.6, to read:

11461.7.
 (a) It is the intent of the Legislature that youth with intellectual or developmental disabilities in foster care receive appropriate services and supports from regional centers.
(b) By February 1, 2022, the State Department of Social Services shall update its payment guidance to authorize counties to claim federal funding for placements made to a regional center vendored facility. The guidance shall include costs above the established short-term residential therapeutic program rate.

SEC. 8.

 Section 16521.6 of the Welfare and Institutions Code is amended to read:

16521.6.
 To ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma, all of the following shall be met: occur:
(a) (1) Each county shall develop and implement a memorandum of understanding setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. Participants in the development and implementation of the memorandum of understanding shall include, but not be limited to, all of the following:
(A) The county child welfare agency.
(B) The county probation department.
(C) The county behavioral health departments.
(D) The county office of education.
(E) The regional center or centers that serve children and youth with developmental disabilities in the county.
(F) Foster care or other child welfare advocacy groups, as deemed appropriate by the organizations that will be parties to the memorandum, serving in an advisory capacity.
(2) The memorandum of understanding shall include, at a minimum, provisions addressing all of the following:
(A) Establishment and operation of an interagency leadership team.
(B) Establishment and operation of an interagency placement committee, as defined in Section 4096.
(C) Commitment to implementation of an integrated core practice model.
(D) Processes for screening, assessment, and entry to care.
(E) Processes for child and family teaming and universal service planning.
(F) Alignment and coordination of transportation and other foster youth services.
(G) Recruitment and management of resource families and delivery of therapeutic foster care services.
(H) Information and data sharing agreements.
(I) Staff recruitment, training, and coaching.
(J) Financial resource management and cost sharing.
(K) Dispute resolution.
(3) (A) Members of the interagency leadership team described in subparagraph (A) of paragraph (2), may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (B), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve provision of those services or those placements.
(B) Members of the interagency leadership team who receive disclosed or exchanged information or a writing pursuant to subparagraph (A) shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (A). Any information or writing disclosed or exchanged pursuant to subparagraph (A) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection.
(C) Members of an interagency placement committee, as defined in Section 4096, child abuse multidisciplinary personnel team, as defined in Section 18961.7, or child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, that is convened for the purpose of implementing the provisions of the memorandum of understanding developed pursuant to this subdivision shall comply with applicable statutory confidentiality provisions for that committee or team. Members of teams convened for purposes of implementing the memorandum of understanding shall comply with applicable records retention policies for their respective agencies or programs.
(4) To the extent possible, the implementation of the memorandum of understanding shall utilize existing processes and structures within and across the respective organizations that are parties to it.
(b) (1) (A) No later than June 1, 2019, the Secretary of California Health and Human Services and the Superintendent of Public Instruction shall establish a joint interagency resolution team consisting of representatives from the State Department of Social Services, the State Department of Health Care Services, the State Department of Developmental Services, and the State Department of Education.
(B) (i) The primary roles of the joint interagency resolution team shall be to develop guidance to counties, county offices of education, and regional centers with regard to developing the memoranda of understanding required by this section, to support the implementation of those memoranda of understanding, and to provide technical assistance to counties to identify and secure the appropriate level of services to meet the needs of children and youth in foster care who have experienced severe trauma.
(ii) The agencies shall ensure that a process is developed for counties and partner agencies that are parties to the memorandum of understanding to request interdepartmental technical assistance from the joint interagency resolution team.
(2) (A) No later than January 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers, and advocates for children and resource families, shall review the placement and service options available to county child welfare agencies and county probation departments for children and youth in foster care who have experienced severe trauma and shall develop and submit recommendations to the Legislature addressing any identified gaps in placement types or availability, needed services to resource families, or other identified issues. The joint interagency resolution team shall update its review and provide recommendations to the Legislature no later than December 31, 2022, that take into account the specific needs and characteristics of youth with unplanned discharges from short-term residential therapeutic programs and youth for whom counties were unable to, or have difficulty with, securing placements and providing trauma-informed services, including, but not limited to, youth impacted by commercial sexual exploitation, youth with acute behavioral needs, and youth with intellectual or developmental disabilities, and articulate a plan to build trauma-informed, therapeutic programs for such in-state youth.
(B) A report submitted to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(3) No later than June 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers, behavioral health professionals, schools of social work, and advocates for children and resource families, shall develop a multiyear plan for increasing the capacity and delivery of trauma-informed care to children and youth in foster care served by short-term residential therapeutic programs and other foster care and behavioral health providers.
(4) (A) Members of the joint interagency resolution team described in this subdivision may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (B), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team or committee having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve provision of those services or those placements.
(B) Members of the joint interagency resolution team who receive disclosed or exchanged information, or a writing, pursuant to subparagraph (A), shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (A). Any information or writing disclosed or exchanged pursuant to subparagraph (A) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection.
(5) The joint interagency resolution team shall track and report deidentified information of youth who have been assisted to preserve, or secure new, intensive therapeutic options. This information shall be posted on the internet website of the California Health and Human Services Agency beginning March 1, 2022, updated every six months, and shall include the number of youth served through its technical assistance process, characteristics of youth served, and outcomes to preserve current placements or secure new placements and services, and, on an annual basis, actions taken or in progress to address systemic issues identified by the team.
(c) (1) Notwithstanding Section 13340 of the Government Code, the Legislature hereby continuously appropriates twenty million dollars ($20,000,000) from the General Fund, on an annual basis, until the determination pursuant to paragraph (2) is made, to the State Department of Social Services for use by county child welfare and probation agencies to support foster youth with unplanned discharges or who are unable to secure a therapeutic program due to exceptional needs. These funds may be used for, but are not limited to, placement preservation activities, enhanced transition planning and assessment services, additional staffing for supervision, and specialized transportation. These funds shall be directly allocated to counties in a manner determined by the department in consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, and shall not be subject to preauthorization from the department.
(2) This continuous appropriation shall end in the fiscal year following a determination by the joint interagency resolution team of adequate capacity of high-end services and supports for foster youth. Upon making that determination, the joint interagency resolution team shall provide a notice to the Legislature of the determination. A notice submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(d) The joint interagency resolution team shall oversee the execution of a statewide request for proposal for services to youth with severe mental health and intellectual or developmental disabilities and shall report to the State Department of Social Services on the status of services to be included by the State Department of Social Services as part of the department’s supplemental reporting for the Continuum of Care Reform implementation. The Legislature hereby appropriates two million dollars ($2,000,000) from the General Fund to the State Department of Social Services to support this contract and encourages the joint interagency resolution team to leverage other federal and local fund sources.
(e) (1) The joint interagency resolution team shall convene stakeholders, including, but not limited to, representatives of county child welfare, probation, mental health plans, special education agencies, and regional centers, to determine the feasibility of, and make recommendations for, establishing one or more child and family networks of care, for the purpose of consolidating purchasing power across counties and enhancing quality improvement activities to meet the needs of children, youth, and families involved and at risk of involvement in the child welfare and juvenile justice systems, across the full continuum from prevention to high-end intervention.
(A) The parameters of the recommendations shall include, but are not limited to, the following:
(i) Procurement of services by the network or networks of care with authority to enter into contracts to build regional capacity for the full continuum of services, including, but not limited to, prevention services authorized pursuant to the federal Family First Prevention Services Act, wraparound services, Family Urgent Response System, and residentially based services. This may include the ability to develop and fund alternative models of trauma-informed care and leverage federal, state, and local funding streams to build a continuum of home and community-based services.
(ii) Rate-setting authority to the network or networks of care for placement and care, specialty mental health services, regional center services, and other applicable services.
(iii) Contractual authority for the network or networks of care that may include additional terms and conditions to ensure equitable access to services for youth and families and continuous quality improvement.
(iv) Quality assurance and continuous quality improvement activities to promote trauma-informed services and supports, including, but not limited to, provider performance monitoring, model fidelity of programs, and training and support for providers.
(v) Modalities for the administration of the network or networks of care, including, but not limited to, administrative care organizations or joint powers authorities, directed by governance structures that are inclusive of county agencies. This shall include options for establishing and supporting those modalities.
(2) The joint interagency resolution team shall explore options to support impacted county agencies for blended funding models, simplified claiming and reporting, and streamlined program oversight, to the extent permitted under federal law, and shall consider any federal waivers or approvals in support of these goals.
(3) The recommendations shall ensure decisionmaking, rate-setting, and contracting authority for services and placements remain with the relevant local agencies, with input from child and family teams and supported by local systems of care pursuant to subdivision (a).
(4) (A) The joint interagency resolution team shall submit a status report to the Legislature on or before January 1, 2023, and a final report on or before than July 1, 2023.
(B) A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.SEC. 9.

 Chapter 6 (commencing with Section 16550) is added to Part 4 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER  6. Children’s Crisis Continuum Pilot Program

16550.
 For the purposes of this chapter, the following terms have the following meanings:
(a) “Department” means the State Department of Social Services.
(b) “Foster youth” means a child or youth who is a dependent or ward of the juvenile court and who the juvenile court has ordered into foster care or who is, as determined by the director of the child welfare department, at imminent risk of being found to be a dependent or ward of the juvenile court.
(c) “Participating entity” means a county or a regional collaborative of counties that has received a grant pursuant to this chapter.

16551.
 (a) The department, in collaboration with the State Department of Health Care Services, and with input from county child welfare departments, probation departments, and other stakeholders, shall establish the Children’s Crisis Continuum Pilot Program for the purpose of developing treatment options that are needed to support California’s commitment to eliminate the placement of foster youth with complex needs in out-of-state facilities. The pilot program shall be implemented for five years from the date of the appropriation described in Section 16554.
(b) In implementing the pilot program, the department shall do all of the following:
(1) Incentivize participation in the pilot program by counties or regional collaboratives of counties in order to develop or enhance comprehensive, integrated, high-end continuums of care for foster youth.
(2) (A) Provide technical assistance to applicants, including those that are not selected to participate, and participating entities. Technical assistance shall include, but is not limited to, guidance on program implementation and leveraging multiple sources of public revenue to support long-term sustainability.
(B) When providing technical assistance to small and rural counties, the department shall consider the unique needs of those counties and, in addition to any other technical assistance needed, shall assist the county mitigate barriers to participation in the pilot program, including by designing an adjusted or modified continuum of care, as described in paragraph (2) of subdivision (b) of Section 16553.
(3) Work with the State Department of Health Care Services and the department’s Community Care Licensing Division to make any regulatory changes necessary to support the successful implementation pilot program.
(4) Award grants pursuant to this chapter and oversee the successful implementation of the pilot program.
(c) The State Department of Health Care Services shall determine if any amendments to the Medicaid state plan are necessary to implement the pilot program and, if necessary, seek approval of any amendments to the state plan no later than January 1, 2023. It is the intent of the Legislature to utilize federal funding received pursuant to Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code to deliver the intensive treatment and services established pursuant to the pilot program.

16552.
 (a) The department shall develop and administer a request for proposals process, and shall develop selection criteria, to determine which applicants shall be selected to participate in the pilot program. At a minimum, the selection criteria shall include all both of the following requirements:

(a)

(1) A lead county applicant. Each lead county applicant shall designate either the county child welfare department or department, the county behavioral health department department, the county mental health plan, or the probation department, to lead the application and implementation process.

(b)A regional or local population of 750,000 to 1,000,000.

(c)

(2) Submission of a plan of operation by the applicant that includes, at a minimum, all of the following:

(1)

(A) Demonstrated ability to partner and collaborate across county child welfare, behavioral health, probation, developmental services, and education departments in the design, delivery, and evaluation of the pilot program.

(2)

(B) A clear articulation and demonstration of the ability to maximize all sources of local, state, and federal funding.

(3)

(C) An oversight plan that includes utilization review controls to ensure appropriate usage of the continuum of care in a manner that is consistent with the intent of the Legislature in enacting this chapter.
(b) The department shall require proposals to participate in the pilot program to be submitted no later than March 1, 2022, and shall disburse grant funds no later than May 1, 2022.
(c) The department shall select counties or regional collaboratives of counties to participate in the pilot program on a competitive basis to ensure that the process is fair.

16553.
 (a) Except as otherwise provided, in lieu of providing foster youth with high acuity mental health needs mental health services pursuant to existing statutory procedures, a participating entity shall provide mental health services to foster youth through the continuum of care established pursuant to this chapter.
(b) (1) A participating entity shall develop and implement a highly integrated continuum of care for foster youth with high acuity mental health needs. The continuum of care shall be designed to permit the seamless transition of foster youth, as needed for the appropriate treatment of the foster youth, between treatment settings and programs, which shall include, at a minimum, all of the following:

(1)

(A) A crisis stabilization unit.

(A)

(i) The crisis stabilization unit shall have the capacity to provide assessment and stabilization for up to 23 hours and 59 minutes for up to eight youth, be a licensed 24-hour health care facility or hospital-based outpatient program or provider site, and comply with all regulations contained in Chapter 11 (commencing with Section 1810.100) of Division 1 of Title 9 of the California Code of Regulations that are applicable to the provision of crisis stabilization.

(B)

(ii) The crisis stabilization unit shall be colocated with a psychiatric health facility or other secure hospital alternative setting capable of meeting the needs of youth experiencing a mental health crisis in order to reduce unnecessary and traumatizing delays and ambulance transport when inpatient treatment is necessary.

(2)

(B) A crisis residential program.

(A)

(i) The crisis residential program shall provide highly individualized stabilization services for foster youth who do not require inpatient treatment and shall be licensed as a crisis residential program, a short-term residential therapeutic program, or a community treatment facility. The crisis residential program shall be operated in accordance with all statutes and regulations governing its licensure category, including, for short-term residential therapeutic programs, the interagency placement committee process established pursuant to Section 4096.

(B)

(ii) The crisis residential program may be a program that receives funding as an individualized alternative to residential care pursuant to paragraph (3) of subdivision (a) of Section 11460.

(C)

(iii) The crisis residential program shall not serve more than four youth at a time.

(3)

(C) A psychiatric health facility.

(A)

(i) The psychiatric health facility shall provide a secure, highly individualized, therapeutic, hospital-like setting for foster youth who require inpatient treatment and shall be operated in accordance with Chapter 9 (commencing with Section 77001) of Division 5 of Title 22 of the California Code of Regulations.

(B)

(ii) The psychiatric health facility shall not serve more than four foster youth at a time.

(4)

(D) Intensive services foster care with integrated specialty mental health services.

(A)

(i) To support foster youth in stepping down to less restrictive placements and maintain available capacity in more acute treatment settings, a participating entity shall maintain at least two times the number of intensive services foster care resource families as the number of beds available in the hospital alternative treatment settings.

(B)

(ii) Intensive services foster care may be enhanced to include in-home staff who are available to provide care, additional behavioral support, permanency services, mental health services, and educational services 24 hours a day, 7 days a week, as needed.

(5)

(E) Community-based supportive services.

(A)

(i) Community-based supportive services shall be available 24 hours a day, 7 days a week.

(B)

(ii) A participating entity shall utilize a model equivalent to the department’s expedited transition planning services model for youth returning from out-of-state placement, including an expedited transition planning services team, to provide community-based supportive services.

(C)

(iii) Community-based supportive services shall be available to provide front- and back-end integrated transition services and supports to support treatment gains made in more restrictive placements and minimize reliance on costly and ineffective interventions, including ambulance transport, emergency department visits, and law enforcement involvement.

(D)

(iv) Each expedited transition planning services team shall include, at a minimum, one mental health professional with a master’s degree who is either licensed or license-eligible, one support counselor with a bachelor’s degree, and one peer partner. An expedited transition planning services team may serve up to four foster youth at a time and shall have the ability to support foster youth in any out-of-home treatment setting in the continuum of care.
(2) Notwithstanding paragraph (1), a participating entity may, based on local needs and circumstances, adjust or modify any required component of the continuum of care if agreed upon by the county departments participating in the implementation of the continuum of care.
(c) A participating entity shall provide a foster youth participating in the continuum of care, or ensure foster youths participating in the continuum of care are provided, with all of the following:
(1) One-on-one services, when clinically indicated.
(2) Single occupancy rooms, unless a double occupancy room is clinically indicated by the individual plan of care developed by an interdisciplinary treatment team.
(3) A deinstitutionalized environment with warm and comforting decor, food, and clothing that maintains safety at all times.
(d) The continuum of care created by a participating entity shall, across all service settings, reflect all of the following core program features and service approaches:
(1) Highly individualized and trauma-informed services.
(2) Culturally and linguistically responsive and competent treatment.
(3) Alignment with the integrated core practice model and a commitment to centering the voices of foster youth and their families and a team approach to all decisionmaking. The child and family team shall be involved in all treatment planning and decisions and family engagement and involvement in treatment shall be central to all programs within the continuum of care.
(4) Coordinated and streamlined assessment practices to ensure that level-of-care determinations are appropriate, that foster youth are able step up or step down to more or less restrictive placements across the continuum of care, and that duplicative assessments for foster youth in crisis are eliminated.

16554.
 (a) It is the intent of the Legislature to appropriate moneys to the department in the annual Budget Act or other statute for the purpose of administering a grant program to provide funding to participating entities for the duration of the pilot program.
(b) The department shall work with participating entities to design long-term plans to sustain the successful operation of continuums of care established pursuant to this chapter.

16555.
 (a) No later than April 1, 2025, the department shall submit a report to the Assembly Committee on Human Services and the Senate Committee on Human Services that includes, at a minimum, both of the following:
(1) A description of the impact of the pilot program on desired outcomes, including, but not limited to, any reduced reliance on hospitals, emergency departments, out-of-state facilities, and law enforcement in responding to the acute needs of foster youth who require more intensive short-term treatment.
(2) Best practice recommendations related to the provision of services to foster youth with high acuity mental health needs, including, but not limited to, recommendations relating to program structure, cross-sector partnership and collaboration, and local financing.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed.

16556.
 Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Health Care Services may implement this chapter, and provide guidance to participating entities regarding consistent implementation of this chapter, through all-county letters or other similar instruction. Any guidance issued pursuant to this section shall be issued by January 1, 2023. 2022.

SEC. 10.

 Section 18257.5 is added to the Welfare and Institutions Code, to read:

18257.5.
 The State Department of Social Services and the State Department of Health Care Services, in consultation with county representatives and other stakeholders, shall develop recommendations for implementing and expanding high-fidelity wraparound services statewide. The departments shall complete these activities no later than one year from the enactment of this section.

SEC. 11.

 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.
With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 12.

 (a) The Legislature hereby appropriates nine million dollars ($9,000,000) from the General Fund to the State Department of Developmental Services to expand home- and community-based regional center vendored facilities serving children with intellectual and developmental disabilities who are in crisis or require specialized, ongoing care and services.
(b) In allocating these funds, the department shall prioritize services to foster youth who are served by child welfare and probation agencies.