text:
(a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for wraparound services in lieu of an out-of-home placement if the responsible public agency has confirmed that the wraparound services are necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child.

(2) AAP benefits may be authorized to pay for an eligible child’s wraparound services if the services are justified by a specific condition and authorization does not exceed a 12-month cumulative period of time. After a 12-month cumulative period of payment for wraparound services, additional authorizations for payment for wraparound services for an eligible child may be based on the continued need to resolve a condition described in paragraph (1). Consecutive authorizations shall be assessed after each 12-month cumulative period of time. The AAP payment may only be made if the wraparound services and the provider meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state.

(b) The AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall be consistent with either of the following:

(1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code.

(2) On the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall not exceed the sum of all of the following:

(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.

(B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462.

(C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.

(c) For purposes of this section, the following terms have the following meanings:

(1) “California wraparound standards” means the use of a California high-fidelity wraparound model, approved by the department and consistent with the requirements of Chapter 4 (commencing with Section 18250) of Part 6.

(2) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.

(3) “Wraparound services” has the same meaning as in Section 18251.

(d) The designation of a wraparound services provider shall be made by the family, after consultation with the responsible public agency. When adoptive parents decide to utilize wraparound services for an AAP-eligible child, they are private pay consumers. Wraparound service contracts shall be between the adoptive parents and the wraparound services provider. Alternatively, the family may authorize the county to contract for wraparound services on their behalf.

(e) Prior to the authorization of AAP benefits for wraparound services, the wraparound services provider shall provide verification to the adoptive parents documenting that the wraparound services meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state. The adoptive parents shall provide the verification to the responsible public agency, or the county may verify the provider meets the standards of paragraph (1) of subdivision (c) if the information is posted on the department’s internet website.

(f) If the child and family reside in another state, a wraparound services provider in the child’s state of residence may be utilized, and paid for with AAP benefits, if the requirements of this section are met, in whole or in part, subject to departmental approval.

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.

(h) This section shall become operative on January 1, 2028.

history: (History: Added by Stats. 2026, Ch. 26, Sec. 28. (AB 152) Effective June 29, 2026. Operative January 1, 2028, by its own provisions.)


kind: section

code: WIC

text:
(a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child in a facility licensed as a short-term residential therapeutic program if the responsible public agency has confirmed that the short-term residential therapeutic program is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child.

(2) (A) AAP benefits may be authorized to pay for an eligible child’s short-term residential therapeutic program if the placement is justified by a specific condition and authorization does not exceed a 12-month cumulative period of time, unless an exception is granted pursuant to paragraph (3).

(B) Transition planning shall begin when the child enters the short-term residential therapeutic program. If additional time is needed to transition the child home according to the transition plan, payment at the rate described in subdivision (b) may continue up to an additional 60 calendar days if the child remains in the placement. If the services the child needs to transition out of the short-term residential therapeutic program cannot be put in place within the additional 60 calendar days, payment may continue for an additional 30 days if the reason for the extension is documented in the child’s transition plan and authorized by the responsible public agency based upon a specific finding that the additional time is necessary because of the delay in services.

(3) An additional one-time six-month cumulative period of time may be provided when a psychiatrist or physician provides current documentation to demonstrate that the current short-term residential therapeutic program services are benefiting the child and that the child requires additional short-term residential therapeutic program services. If the child is not placed in a short-term residential therapeutic program, the psychiatrist or physician shall provide current documentation to demonstrate that the child would benefit from returning to the short-term residential therapeutic program.

(b) The AAP rate paid on behalf of a child in a facility licensed as a short-term residential therapeutic program shall be consistent with either of the following:

(1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program.

(2) On the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child in a short-term residential therapeutic program shall not exceed the sum of all of the following:

(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.

(B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462.

(C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.

(c) For purposes of this section, the following terms have the following meanings:

(1) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.

(2) “Short-term residential therapeutic program” has the same meaning as in Section 1502 of the Health and Safety Code.

(d) The designation of the placement facility shall be made, after consultation with the responsible public agency, by the adoptive parents. A short-term residential therapeutic program placement shall only be made as part of a plan for the return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan.

(e) AAP benefits, as described in this section, shall only be authorized for an eligible child in a facility licensed as a short-term residential therapeutic program in California and shall not be authorized for any other out-of-home placement option within California.

(f) Following discharge from a short-term residential therapeutic program, the child shall be eligible for payment to be made for wraparound services, as described in Section 16121.3.

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.

(h) This section shall become operative on January 1, 2028.

history: (History: Added by Stats. 2026, Ch. 26, Sec. 29. (AB 152) Effective June 29, 2026. Operative January 1, 2028, by its own provisions.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 2.1. Aid for Adoption of Children

path: 9. PUBLIC SOCIAL SERVICES > 2.1. Aid for Adoption of Children


text:
(a) The department or county adoption agency may recover any overpayments of financial assistance under the Adoption Assistance Program, and shall develop regulations that establish the means to recoup them, including an appropriate notice of action and appeal rights, when the department determines either of the following applies:

(1) The adoptive parents are no longer legally responsible for the support of the child.

(2) The child is no longer receiving support from the adoptive family.

(3) The adoptive family has committed fraud in its application for, or reassessment of, the adoption assistance.

(b) Children on whose behalf an adoption assistance agreement had been executed prior to October 1, 1992, shall continue to receive adoption assistance in accordance with the terms of that agreement.

(c) Payment shall begin on or after the effective date of an adoption assistance agreement, or a deferred adoption assistance agreement, or a final decree of adoption, provided that the adoption assistance agreement has been signed by all required parties prior to or at the time the adoption decree is issued by the court. The amount and duration of assistance shall not be changed without the concurrence of the adoptive parents, unless any of the following has occurred:

(1) The child has attained 18 years of age, or 21 years of age where the child has a mental or physical disability that warrants the continuation of assistance.

(2) The adoptive parents are no longer legally responsible for the support of the child.

(3) The child is no longer receiving any support from adoptive parents.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 111. (SB 1013) Effective June 27, 2012.)


text:
(a) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the an out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement.

(b) AAP benefits may be authorized for payment for an eligible child’s placement in an out-of-state residential treatment facility if the responsible public agency has determined that both of the following conditions exist:

(1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located.

(2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.

(c) The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan.

(d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:

(1) The rate paid for a foster care placement in a short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.

(2) The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located.

(e) (1) For the purpose of this section, “out-of-state residential treatment facility” means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program.

(2) For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.

(3) For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.

(f) (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:

(A) Licensed or otherwise approved by the applicable state or tribal authority.

(B) In good standing.

(C) Eligible as a Title IV-E funded placement.

(D) A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).

(2) The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E agency.

(g) Commencing September 1, 2025, and annually thereafter, county adoption agencies shall provide all of the following information to the department:

(1) The total number of children in out-of-state residential treatment facilities.

(2) The name and location of each out-of-state residential treatment facility during the reporting period.

(3) The number of days each child placed in an out-of-state residential treatment facility remained in that facility.

(h) Nothing in this section shall be interpreted to invalidate or alter the terms or conditions of adoption assistance agreements executed before the effective date of this section. For a child who is placed in any facility outside of California funded through AAP before June 30, 2025, or the effective date of this section, whichever date is later, and remains in placement on June 30, 2025, or the effective date of this section, whichever date is later, payment at the negotiated benefit amount shall not exceed the timeframe authorized in the adoption assistance agreement in effect on June 30, 2025, or the effective date of this section, whichever date is later, unless the responsible public agency and the adoptive parents have negotiated and agreed upon up to an additional 60 calendar days for the purpose of transitioning the child home.

(i) The department shall engage child welfare advocates, county child welfare agencies, tribes, and interested stakeholders to update policies regarding the use of AAP for wraparound and out-of-home placements, including planning for transition back home to the family setting, and shall provide to the Legislature proposed statutory changes no later than February 1, 2026.

(j) The department shall provide guidance to counties regarding the steps necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).

(k) (1) Subject to an appropriation by the Legislature for these purposes, the department shall directly, or through contract with a service provider, ensure transition support services are made available to adoptive families. Transition support services shall include, at minimum, all of the following:

(A) Assist families in identifying and linking to needed services for their adopted child.

(B) Assist the family with access to wraparound services, if needed.

(C) Connect to mental health services, preferably with a provider who has been trained in adoption competencies, unless declined by the family.

(D) Connect to the local county social services agency to reapply or reinstate Medi-Cal coverage for adoptive families to connect to services and link to enhanced care management and other benefits and services that are available through Medi-Cal managed care plans, if determined eligible for Medi-Cal and enrolled in a Medi-Cal managed care plan.

(2) The responsible public agency shall refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, in accordance with guidance to be developed by the department in consultation with counties and stakeholders.

(l) Subject to an appropriation by the Legislature for these purposes, the department shall ensure both of the following activities are completed:

(1) The department shall interview adoptive parents who voluntarily agree or who decide to submit information directly to the department regarding the reason that out-of-state placement was necessary, the specific services received out of state, services received to support the transition back to California, and the current status of their adoptive children who returned to California on or after July 1, 2025. A report shall be provided to the Legislature, consistent with Section 9795 of the Government Code, on January 14, 2028.

(2) Engage adoptive families, youth, adoption agencies, child welfare advocates, county child welfare agencies, tribes, and other interested stakeholders to identify the training, services, supports, and any gaps that exist to support adoptive families connecting to resources before crises escalate to wraparound or residential placement and shall provide to the Legislature proposed statutory changes no later than August 1, 2028.

(m) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.

(n) This section is inoperative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the Statewide Child Welfare Information System (currently the California Automated Response and Engagement System (CWS-CARES)) can perform the necessary automation to implement the Tiered Rate Structure described in subdivision (h) of Section 11461, whichever is later, and is repealed as of January 1 of the following year.

history: (History: Amended (as amended by Stats. 2025, Ch. 107, Sec. 6) by Stats. 2026, Ch. 26, Sec. 31. (AB 152) Effective June 29, 2026. Conditionally inoperative on or after July 1, 2027, as prescribed by its own provisions. Repealed as of January 1 following inoperative date. See later operative version, as amended by Sec. 32 of Stats. 2026, Ch. 26.)


text:
(a) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in an out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement.

(b) AAP benefits may be authorized for payment for an eligible child’s placement in an out-of-state residential treatment facility if the responsible public agency has determined that both of the following conditions exist:

(1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located.

(2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.

(c) The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan.

(d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:

(1) The sum of all of the following:

(A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.

(B) The Tier 3+ administrative rate established under paragraph (2) of subdivision (e) of Section 11462.

(C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.

(2) The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located.

(e) (1) For the purpose of this section, “out-of-state residential treatment facility” means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program.

(2) For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.

(3) For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.

(f) (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:

(A) Licensed or otherwise approved by the applicable state or tribal authority.

(B) In good standing.

(C) Eligible as a Title IV-E funded placement.

(D) A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).

(2) The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E agency.

(g) County adoption agencies shall annually provide all of the following information to the department:

(1) The total number of children in out-of-state residential treatment facilities.

(2) The name and location of each out-of-state residential treatment facility during the reporting period.

(3) The number of days each child placed in an out-of-state residential treatment facility remained in that facility.

(h) The department shall provide guidance to counties regarding the steps necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).

(i) (1) Subject to an appropriation by the Legislature for these purposes, the department shall directly, or through contract with a service provider, ensure transition support services are made available to adoptive families. Transition support services shall include, at minimum, all of the following:

(A) Assist families in identifying and linking to needed services for their adopted child.

(B) Assist the family with access to wraparound services, if needed.

(C) Connect to mental health services, preferably with a provider who has been trained in adoption competencies, unless declined by the family.

(D) Connect to the local county social services agency to reapply or reinstate Medi-Cal coverage for adoptive families to connect to services and link to enhanced care management and other benefits and services that are available through Medi-Cal managed care plans, if determined eligible for Medi-Cal and enrolled in a Medi-Cal managed care plan.

(2) The responsible public agency shall refer the family to postpermanency services at the local level to support the adoptive family in navigating postpermanency services, in accordance with guidance to be developed by the department in consultation with counties and stakeholders.

(j) Subject to an appropriation by the Legislature for these purposes, the department shall ensure both of the following activities are completed:

(1) The department shall interview adoptive parents who voluntarily agree or who decide to submit information directly to the department regarding the reason that out-of-state placement was necessary, the specific services received out of state, services received to support the transition back to California, and the current status of their adoptive children who returned to California on or after July 1, 2025. A report shall be provided to the Legislature, consistent with Section 9795 of the Government Code, on January 14, 2028.

(2) Engage adoptive families, youth, adoption agencies, child welfare advocates, county child welfare agencies, tribes, and other interested stakeholders to identify the training, services, supports, and any gaps that exist to support adoptive families connecting to resources before crises escalate to wraparound or residential placement and shall provide to the Legislature proposed statutory changes no later than August 1, 2028.

(k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2031.

(l) This section is operative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the Statewide Child Welfare Information System (currently the California Automated Response and Engagement System (CWS-CARES)) can perform the necessary automation to implement the Tiered Rate Structure described in subdivision (h) of Section 11461, whichever is later.

history: (History: Amended (as amended by Stats. 2025, Ch. 107, Sec. 7) by Stats. 2026, Ch. 26, Sec. 32. (AB 152) Effective June 29, 2026. Conditionally operative on or after July 1, 2027, as prescribed by its own provisions.)


text: The department shall develop curriculum for optional use by counties to inform and educate adoptive families, prior to adoption finalization. The department shall consult with county placing agencies and community partners in the development of this curriculum. The curriculum shall include, at a minimum, education on maintaining Adoption Assistance Program benefits, adolescent development and trauma, the importance of maintaining Medi-Cal, the benefits of using adoption-competent clinicians, and how to secure trauma-informed services. This curriculum shall be developed and distributed to counties no later than January 1, 2028.

history: (History: Added by Stats. 2026, Ch. 26, Sec. 30. (AB 152) Effective June 29, 2026.)


text:
(a) It is the intent of the Legislature in enacting this chapter to support permanency for children and nonminor dependents who need permanent homes through adoption or guardianship. Historically, the adoption of children from foster care has been supported by private adoption agencies pursuant to the Private Agency Adoptions Reimbursement Program. It is the intent of the Legislature to encourage counties and private adoption agencies to continue supporting these children and families both pre- and post-permanency, which supports the counties and state in meeting federal and state-required permanency outcomes for foster children. In light of the enactment and implementation of the 2011 Realignment and the Continuum of Care Reform, it is necessary to change the construction of the Private Agency Adoptions Reimbursement Program in order to allow for local control of the program and ensure the services provided are consistent with the Continuum of Care Reform, and to allow unspent funds to be utilized to support permanency activities undertaken outside of the Private Agency Adoptions Reimbursement Program.

(b) (1) As set forth in this section, a county child welfare agency shall compensate private adoption agencies licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the costs of supporting families through the process of adopting children or nonminor dependents eligible for the Adoption Assistance Program benefits pursuant to Section 16120.

(2) The agencies described in paragraph (1) shall be compensated for adoption services pursuant to this section. One-half of the compensation shall be paid at the time the adoptive placement agreement is signed, unless the adoption agency opts to be paid in full at the time of finalization of the adoption. The remainder shall be paid at the time the adoption petition is granted by the court. Reimbursement procedures shall be established by the department in consultation with the counties and private adoption agencies.

(3) This subdivision shall not be construed to authorize reimbursement to private agencies for intercountry adoption services.

(c) Effective July 1, 2020, the reimbursement made pursuant to subdivision (b) shall be eight thousand dollars ($8,000) for children adopted from families approved by dually licensed private nonprofit foster family and adoption agencies, and six thousand six hundred dollars ($6,600) for all other children. These rates shall apply to children for whom an adoption placement agreement is signed on or after that effective date. Children for whom an adoption placement agreement was signed prior to that date shall be reimbursed pursuant to the rates in effect prior to July 1, 2020, and those claims shall be paid by the department pursuant to the process in effect at that time under former Section 16122, with the exception that a cost report shall not be required for adoptions in process as of July 1, 2020.

(d) To the extent that reimbursements made pursuant to subdivision (b) total less than the amount provided to the county for those services, the county may, at its discretion, utilize unspent funds for additional activities related to permanency, including, but not limited to, pre- and post-permanency support related to the establishment of adoptions and guardianships for foster children. This may include services outlined in guidance from the department issued in All-County Letter 18-142.

(e) (1) The department shall work with counties and representatives of adoption agencies to ensure a smooth transition to the new structure under this section, which shall include, but not be limited to, a review of existing guidance and claim forms and instructions and any necessary updates to reflect the new process.

(2) The department, counties, and adoption agencies shall develop language for the placement agreement signed between the county and a dually licensed private nonprofit foster family and adoption agency to ensure compensation is made pursuant to this section should the child transition to an adoption with a family who is under the auspices of that agency.

(f) This section shall become operative on July 1, 2020.

history: (History: Repealed (in Sec. 2) and added by Stats. 2019, Ch. 827, Sec. 3. (AB 1301) Effective January 1, 2020. Section operative July 1, 2020, by its own provisions.)


text: The provisions of Section 16120, permitting the payment of adoption assistance until a child attains 18 or 21 years of age if the child has mental or physical handicaps, or effective January 1, 2012, up to 21 years of age, if the child or nonminor meets the criteria specified in paragraph (3) of subdivision (d) of Section 16120, shall be effective as long as federal funds are available under Title IV-E of the federal Social Security Act (Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code), and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to Section 473(a)(4) of the federal Social Security Act (42 U.S.C. Sec. 673(a)(4)). When those funds cease to be available, the maximum length for payment of the Adoption Assistance Program shall be five years except in instances in which there is a continuing need, related to a chronic health condition of the child which necessitated the initial financial assistance. On and after October 1, 1992, the parent may petition the department or the responsible county to continue financial assistance up to the age of majority.

history: (History: Amended by Stats. 2012, Ch. 846, Sec. 51. (AB 1712) Effective January 1, 2013.)


text:
(a) (1) Upon the appropriation of funds by the Legislature for the purposes set forth in this section, the State Department of Social Services shall establish a project in four counties and one state district office of the department to provide preadoption and postadoption services to ensure the successful adoption of children and youth who have been in foster care 18 months or more, are at least nine years of age, and are placed in an unrelated foster home or in a group home.

(2) The participating entities shall include the following:

(A) City and County of San Francisco.

(B) County of Los Angeles.

(C) Two additional counties and one state district office, based on criteria developed by the department in consultation with the County Welfare Directors Association, which shall demonstrate geographic diversity.

(3) A county that elects to apply for funding pursuant to this section shall submit an application to the department no later than a date determined by the department to ensure timely allocation of funds. The department shall review the applications received, and select the eligible counties in accordance with this section.

(b) Each entity identified pursuant to paragraph (2) of subdivision (a) shall receive funding to provide preadoption and postadoption services to the adoptive parents and the targeted population identified in paragraph (1) of subdivision (a).

(1) Preadoption and postadoption services for the child and each family may include, but shall not be limited to, all of the following:

(A) Individualized or other recruitment efforts.

(B) Postadoption services, including respite care.

(C) Behavioral health services.

(D) Peer support groups.

(E) Information and referral services.

(F) Other locally designed services, as appropriate.

(G) Relative search efforts.

(H) Training of adoptive parents, foster youth, or mentoring families.

(I) Mediation services.

(J) Facilitation of siblings in the same placement.

(K) Facilitation of postadoption contact.

(L) Engaging youth in permanency decisionmaking.

(M) Any service or support necessary to resolve any identified barrier to adoption.

(2) The services specified in paragraph (1) may be provided directly by the county, contracted for by the county, or provided through reimbursement to the family, as approved by the county.

(c) The amount of funding provided in the appropriation of funds provided by the annual Budget Act to each county participating in the project shall be allocated as follows:

(1) Seven hundred fifty thousand dollars ($750,000) to the City and County of San Francisco.

(2) One million two hundred fifty thousand dollars ($1,250,000) to the County of Los Angeles.

(3) A total of two million dollars ($2,000,000), to be awarded to the two additional counties and the district office selected pursuant to subparagraph (C) of paragraph (2) of subdivision (a), minus any funds subtracted by the department for the purpose of administering the project. The amount of funds provided to the department for administration of the project, including the costs of collecting and analyzing data pursuant to subdivision (h) and developing the information pursuant to subdivision (i), shall not exceed three hundred thousand dollars ($300,000).

(4) If the appropriated amount in the annual Budget Act differs from the total amount specified above, then the funds shall be distributed in the same proportion as the amounts listed in paragraphs (1) to (3), inclusive.

(d) Funds shall be allocated to the counties pursuant to subdivision (c) no later than January 1 of each year, and shall remain available for expenditure until June 30, 2010.

(e) (1) The department shall seek approval for any federal matching funds that may be available to supplement the project.

(2) The implementation of the project shall not be dependent upon the receipt of federal funding.

(3) Project funds shall supplement, and not supplant, existing federal, state, and local funds, and shall be used only in accordance with the terms and conditions of the project.

(4) No expenditure made for services specified in subdivision (b) may be made to the extent that it renders the family ineligible for federal adoption assistance.

(f) The project shall be implemented only upon the adoption of a resolution adopted by each county board of supervisors.

(g) The department shall work with the counties to develop the requirements for the project, including the number of families that may participate in the project, given the available resources, and guidelines for data collection, as required by subdivision (h).

(h) (1) The department shall work with the participating county and the state district office to analyze the effects of the project.

(2) Measures assessed by the state and counties shall include, but shall not be limited to, the following:

(A) The extent to which the adoptions of the targeted population identified in paragraph (1) of subdivision (a) increased as a result of the project.

(B) The number of families and children served by the project.

(C) The type and amount of preadoption and postadoption services that were provided to children and families under the project.

(i) The department shall provide information to the Legislature on the results of the project by May 31, 2011.

(j) Adoption programs in the project counties shall be encouraged to create public-private partnerships with private adoption agencies to maximize their success in improving permanent outcomes for older foster youth.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 257. (SB 1330) Effective January 1, 2011.)


text:
A foster child whose adoption has become final, who is receiving or is eligible to receive Adoption Assistance Program assistance, including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her adoptive parents, pursuant to all of the following:

(a) The host county mental health plan shall be responsible for submitting the treatment authorization request (TAR) to the mental health plan in the county of origin.

(b) The requesting public or private service provider shall prepare the TAR.

(c) The county of origin shall retain responsibility for authorization and reauthorization of services utilizing an expedited TAR process.

(d) (1) The State Department of Social Services shall convene a stakeholder group to identify barriers to the provision of mental health services by mental health professionals with specialized clinical training in adoption or permanency issues to children who are receiving services pursuant to this section. The stakeholder group shall include, but is not limited to, all of the following persons:

(A) Adoptive parents.

(B) Former foster youth.

(C) Representatives from the mental health and child welfare fields, including associations representing county mental health departments and private organizations providing specialty mental health services.

(D) Representatives from mental health and social work graduate degree-granting postsecondary education institutions.

(E) Representatives from relevant state and local agencies.

(2) The stakeholder group shall, on or before January 31, 2016, make specific recommendations for voluntary measures available to state and local government agencies and private entities, as appropriate, to address those barriers. The department shall collect existing research and professional literature pertinent to the need for specialized clinical training in adoption and permanency issues, and shall distribute the information to the stakeholder group for consideration and use in making its recommendations. The stakeholder group shall coordinate with, and endeavor not to duplicate, existing local, state, or national initiatives.

(3) A recommendation made pursuant to paragraph (2) shall not be construed to be binding on any state or local government agency or private entity.

history: (History: Amended by Stats. 2014, Ch. 766, Sec. 1. (AB 1790) Effective January 1, 2015.)


text: In any county which does not have a county adoption agency established pursuant to Section 16100, the department may establish services incident to the relinquishment of children for adoption. The services shall be provided in such manner as may be deemed advisable by the department.

history: (History: Added by Stats. 1968, Ch. 879.)

chapter: 2.2. State Adoption Services

path: 9. PUBLIC SOCIAL SERVICES > 2.2. State Adoption Services


text: It is the intent of the Legislature to conform state statutes to federal legislation, including the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) and the Adoption and Safe Families Act of 1997 (Public Law 105-89), and to reinvest any incentive payments received through implementation of the federal act into the child welfare system in order to provide adoption services and other legal permanency options for children.

history: (History: Amended by Stats. 2015, Ch. 425, Sec. 25. (SB 794) Effective January 1, 2016.)


text:
(a) The state shall reinvest adoption and guardianship incentive payments received through the implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) into the child welfare system, in order to provide legal permanency outcomes for older children, including, but not limited to, adoption, guardianship, and reunification of children whose reunification services were previously terminated.

(b) The incentive payments received pursuant to subdivision (a), upon appropriation by the Legislature in the annual Budget Act or another statute, shall be allocated by the State Department of Social Services to the counties, and the department for a county in which the department serves as an adoption agency, based on documented increases in legal permanency outcomes for older children achieved by each county, as determined by the department, in consultation with counties, for the purposes specified in this section.

(c) A county, or the department when it acts as the adoption agency for a county, shall use adoption and guardianship incentive payment funds to improve or sustain legal permanency outcomes for older children.

(d) Nothing in this section shall be construed to supplant funds currently being spent on programs to provide legal permanency outcomes.

history: (History: Amended by Stats. 2015, Ch. 425, Sec. 26. (SB 794) Effective January 1, 2016.)


text: It is the intent of the Legislature to conform state statutes to recently enacted federal legislation, the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and to expend savings resulting from changes in eligibility for adoption assistance on services, including, but not limited to, postadoption assistance, that may be provided under Title IV-B and IV-E of the federal Social Security Act.

history: (History: Added by Stats. 2009, Ch. 222, Sec. 3. (AB 154) Effective January 1, 2010.)


text: On and after July 1, 2011, when a person has been an employee of the State Department of Social Services within the 12-month period prior to his or her employment by a county, the board of supervisors, to the extent feasible, may allow that person to retain, as a county employee, those employee benefits to which that person was entitled or had accumulated as an employee of the State Department of Social Services, or provide that employee with comparable benefits provided for other county employees whose services as county employees is equal to the state service of the former employee of the State Department of Social Services. These benefits include, but are not limited to, retirement benefits, seniority rights under civil service, accumulated vacation, and sick leave.

history: (History: Added by Stats. 2012, Ch. 35, Sec. 114. (SB 1013) Effective June 27, 2012.)


text: The purpose of this chapter is to establish a program for special training and services to facilitate the adoption of children who are HIV positive, or born to a substance-abusing mother. This program shall be available to any county that elects to participate pursuant to procedures established by the department.

history: (History: Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 116. (SB 1013) Effective June 27, 2012.)

path: 9. PUBLIC SOCIAL SERVICES > 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children


text:
(a) “Eligible child” means any child who meets the requirements of paragraph (1) or (2), and paragraph (3).

(1) Any child who has a condition or symptoms resulting from, or are suspected as resulting from, alcohol or substance abuse by the mother.

(2) Any child who is HIV positive.

(3) Any child who meets the requirements of either paragraph (1) or (2) and who meets all of the following requirements:

(A) The child is a dependent child of the court.

(B) The child has an adoption case plan and resides with a preadoptive or adoptive caregiver, or the plan is to transition and move the child to a preadoptive or adoptive caregiver.

(b) “TIES for Adoption” means Training, Intervention, Education, and Services for Adoption, a training project developed and implemented by the Adoptions Division of the Los Angeles County Department of Children’s Services, the UCLA Center for Healthier Children, Families, and Communities, and the UCLA Psychology Department, a demonstration project funded by the Federal Adoption Opportunities Program from September 30, 1995, to December 31, 1997, inclusive.

(c) “HIV positive” means having a human immunodeficiency virus infection.

(d) “Specialized in-home health care” means, but is not limited to, those services identified by the child’s primary physician as appropriately administered by a prospective adoptive parent who has been trained by mental health or health care professionals.

history: (History: Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)

chapter: 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children


text:
(a) In order to promote successful adoptions of substance and alcohol exposed court dependent children, participating counties shall maintain a program of specialized training and supportive services to families adopting court dependent children who are either HIV positive or assessed as being prenatally exposed to alcohol or a controlled substance.

(b) The program shall include respite services. Notwithstanding any other provision of law, respite services shall be funded with a 30 percent nonfederal county share consistent with the normal sharing ratio for child welfare services. This county share may be provided with county general funds, in-kind contributions, or other funds. The source of the county share shall meet all applicable state and federal requirements and provide counties with maximum flexibility.

(c) Notwithstanding subdivision (b), beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.

history: (History: Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 117. (SB 1013) Effective June 27, 2012.)


text:
(a) A participating county shall provide special training to recruited adoptive parents to care for eligible children. The training curriculum shall include, but is not limited to, all of the following:

(1) Orientation.

(2) Effect of alcohol and controlled substances on the fetus and children.

(3) Normal and abnormal infant and early childhood development.

(4) Special medical needs and disabilities.

(5) Recovery from addiction to alcohol and controlled substances.

(6) Self-care for the caregiver.

(7) HIV/AIDS in children.

(8) Issues in parenting and providing lifelong permanency and substance abuse prevention to, children with prenatal alcohol and other controlled substances exposure.

(9) Issues specific to caring for a child who tests HIV positive.

(b) Participating counties may provide the same special training to relative caretakers in the process of adopting program-eligible children.


text:
(a) The county shall determine whether a child is eligible for services pursuant to this section.

(b) A participating county shall select a specialized prospective adoptive home for the child.

(c) If an eligible child’s adoptive placement changes from one participating county to another participating county, the child shall remain eligible for services.


text: The requirements of this section may be met by the implementation of the TIES for Adoption program as defined in Subdivision (b) of Section 16135.1.

history: (History: Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 118. (SB 1013) Effective June 27, 2012.)


text: Participating counties shall prepare an adoption services case plan pursuant to regulations adopted by the department and arrange for nonmedical support services. Nonmedical support services shall include respite care for specially trained prospective adoptive parents, including relative caretakers, pursuant to regulations adopted by the department. Nonmedical support services may also include, but are not limited to, temperament and behavior management training, consultation regarding medical and psychological issues and services, and educational advocacy.


text:
The department shall do all of the following:

(a) Develop necessary procedures and standardized programs for a specialized adoptive home training project.

(b) Assist counties in coordinating sources of funding and services available to eligible children in order to maximize the social services provided to these children and avoid duplication of program funding.

(c) Require that participating counties coordinate available services for this population and their adoptive families.

(d) Provide to a requesting county information necessary to establish a program.


text:
(a) Notwithstanding any other provision of law, subdivisions (b) and (c) shall control the placement of a child pursuant to this chapter.

(b) A county may place children who are alcohol or controlled substance exposed or HIV positive in prospective adoptive homes pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

(c) If a county makes a placement pursuant to subdivision (b), a preadoptive parent trained by health care professionals may provide specialized in-home health care to that child who was placed in their home for the purpose of adoption.


text: The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710 of the Welfare and Institutions Code and a childcare ombudsperson program pursuant to Section 1596.872a of the Health and Safety Code. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for foster children by establishing a foster care ombudsperson program within the State Department of Social Services.

history: (History: Amended by Stats. 2021, Ch. 293, Sec. 1. (AB 317) Effective January 1, 2022.)

chapter: 2.5. Foster Child Ombudsman Program

path: 9. PUBLIC SOCIAL SERVICES > 2.5. Foster Child Ombudsman Program


text:
(a) The Office of the State Foster Care Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing children who are placed in foster care, either voluntarily or pursuant to Section 300 and Sections 600 and following, with a means to resolve issues related to their care, placement, or services. The work of the office falls within the provisions of subparagraphs (I) and (J) of paragraph (1) of subdivision (a) of Section 827, and the office shall meet all of the provisions and requirements of that section with regard to access, confidentiality, and the use of information.

(b) For purposes of this chapter, “foster care” includes all of the following:

(1) Voluntary placement in a licensed or approved children’s residential facility or with an approved resource family.

(2) Placement in a licensed or approved children’s residential facility, with an approved resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, pursuant to Article 6 (commencing with Section 300) and Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2.

(3) Placement by a governmental entity in a residential facility or home subject to licensure, certification, or approval by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).

history: (History: Amended by Stats. 2021, Ch. 293, Sec. 2. (AB 317) Effective January 1, 2022.)


text:
(a) The Director of Social Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of nonprofit children’s advocacy organizations and current or former foster youth.

(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.

(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. In no event shall the acting ombudsperson remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.

history: (History: Amended by Stats. 2021, Ch. 293, Sec. 3. (AB 317) Effective January 1, 2022.)


text: The department shall hire the necessary personnel to perform the functions of the office. Priority shall be given to former foster youth in hiring decisions.

history: (History: Added by Stats. 1998, Ch. 311, Sec. 66. Effective August 19, 1998.)


text:
(a) The Office of the State Foster Care Ombudsperson shall do all of the following:

(1) (A) Disseminate information and provide training and technical assistance to foster youth, social workers, probation officers, tribes’ child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties on the rights of children and youth in foster care, reasonable and prudent parent standards, and the services provided by the office. The rights of children and youth in foster care are listed in Section 16001.9. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint.

(B) At the end of every two-year legislative session, review amendments to the laws applicable to foster youth and determine whether updates to the rights listed in Section 16001.9 should be recommended in the compilation prepared pursuant to paragraph (8). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review.

(2) Receive complaints made by or on behalf of children placed in foster care, related to their care, placement, or services, including for children placed by the Office of Refugee Resettlement of the United States Department of Health and Human Services in residential facilities and homes that are subject to regulation by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) or pursuant to Article 2 (commencing with Section 16519.5) of Chapter 5.

(3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding.

(4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office.

(5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome.

(6) Document the number, source, origin, location, and nature of complaints.

(7) Receive data from the State Department of Education regarding complaints about foster youth education rights made through the uniform complaint process.

(8) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints, and a summary of the data received from the State Department of Education pursuant to paragraph (7). The office shall include recommendations consistent with this data for improving the child welfare system.

(B) Present this compiled data, on an annual basis, at appropriate child welfare conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the County Welfare Directors Association of California, Chief Probation Officers of California, Indian tribes, child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties.

(C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the child welfare system.

(D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office.

(E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph.

(9) Have access to copies of any record of a state or local agency, and contractors with state and local agencies, that is necessary to carry out their responsibilities, and may meet or communicate with any foster child in their placement or elsewhere.

(b) The office may establish, in consultation with a committee of interested individuals, regional or local foster care ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act.

(c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the child welfare system to the Legislature and state and local agencies that provide services and supports to children placed in foster care.

(2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.

(3) If a child or nonminor dependent is represented by counsel pursuant to Section 317, the office may notify the counsel of a complaint in order for counsel to satisfy their obligations specified under paragraph (3) of subdivision (e) of Section 317. If appropriate, the office may also share the outcome of any investigation performed by the office with the child’s or nonminor dependent’s counsel.

(d) The office shall provide administrative and technical assistance to county, regional, or local foster care ombudsperson’s offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office.

(e) (1) The office, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, Indian tribes located in the state, foster youth advocate and support groups, groups representing children, families, foster parents, children’s facilities, and other interested parties, shall develop standardized information explaining the rights specified in Section 16001.9. The information shall be developed in an age-appropriate manner, and shall reflect any relevant licensing requirements with respect to foster care providers’ responsibilities to adequately supervise children in care.

(2) The office, counties, foster care providers, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform foster children and youth of their rights pursuant to Section 1530.91 of the Health and Safety Code, Sections 27 and 16501.1, and this section.

(3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which foster youth are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (8) of subdivision (a).

history: (History: Amended by Stats. 2021, Ch. 297, Sec. 2.5. (AB 1140) Effective January 1, 2022.)


text:
As part of the office’s efforts to resolve complaints related to foster care, the ombudsperson may do all of the following:

(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.

(b) Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following:

(1) Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.

(A) For purposes of this section, “access” means the right to do all of the following:

(i) Enter any licensed or approved children’s residential facility, upon providing identification.

(ii) Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer.

(iii) Review and copy any resident record or caregiver file.

(iv) Observe all resident and staff areas of a facility.

(v) Review and reproduce administrative records, policies, and documents of any licensed or approved children’s residential care facility.

(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.

(vii) Interview all relevant witnesses.

(B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.

(2) Observe proceedings and attend hearings, consistent with Section 346.

(c) Attempt to resolve the complaint.

(d) Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 calendar days.

history: (History: Amended by Stats. 2021, Ch. 293, Sec. 5. (AB 317) Effective January 1, 2022.)


text:
In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of foster youth and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply:

(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.

(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.

(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the State Foster Care Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.

(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the agency director or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.

history: (History: Added by Stats. 2021, Ch. 293, Sec. 6. (AB 317) Effective January 1, 2022.)


text:
(a) A toll-free number shall be established for the office.

(b) Social workers and probation officers shall provide foster children with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office.

history: (History: Amended by Stats. 2021, Ch. 293, Sec. 7. (AB 317) Effective January 1, 2022.)


text:
The Legislature finds and declares all of the following:

(a) Finding adoptive families for children, for whom state assistance is desirable pursuant to Chapter 2.1 (commencing with Section 16115), and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

(b) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.

history: (History: Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)

path: 9. PUBLIC SOCIAL SERVICES > 2.6. Interstate Adoption Assistance Agreements


text:
The purposes of this chapter are to:

(a) Authorize the State Department of Social Services and the State Department of Health Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the State Department of Social Services.

(b) Provide procedures for interstate children’s adoption assistance payments, including medical payments.

chapter: 2.6. Interstate Adoption Assistance Agreements


text:
As used in this chapter, the following definitions apply, unless the context clearly indicates otherwise:

(a) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.

(b) “Residence state” means the state where the child is living.

(c) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.


text: The State Department of Social Services and the State Department of Health Services are authorized to develop, participate in the development of, negotiate, or enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When entered into, and for so long as it shall remain in force, a compact shall have the force and effect of law.


text:
A compact entered into pursuant to the authority conferred by this chapter shall contain all of the following:

(a) A provision making it available for joinder by all states.

(b) A provision for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of the withdrawal.

(c) A requirement that the protections afforded by the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.

(d) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.

(e) Any other provision as may be appropriate to implement the proper administration of the compact.


text:
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 16174, as follows:

(a) Provisions establishing procedures and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.

(b) Any other provision as may be appropriate or incidental to the proper administration of the compact.


text:
(a) (1) Any child who is a resident of California and who is the subject of a state-only adoption assistance agreement with another state, shall be eligible to receive Medi-Cal benefits whether or not there is a cash benefit.

(2) Any child with special needs who is the subject of a state-only adoption assistance agreement with California shall continue to be eligible for Medi-Cal benefits if the child is placed out-of-state or with his or her adoptive family, moves out-of-state, and the receiving state does not provide Medicaid benefits to the child.

(b) The departments shall adopt regulations to implement the provisions of this chapter.


text: Consistent with federal law, the State Department of Social Services and the State Department of Health Services, in connection with the administration of this chapter and any compact pursuant thereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare of 1980 (Public Law 96-272), Titles IV (e) and XIX of the Social Security Act, or any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all the cost. The departments shall apply for and administer all relevant federal aid in accordance with law.


text:
Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter.

(a) “ Program” means the Child Welfare Training Program.

(b) “Department” means the State Department of Social Services.

history: (History: Added by Stats. 1987, Ch. 1310, Sec. 1.)

chapter: 3. Child Welfare Training

article: 1. General Provisions

path: 9. PUBLIC SOCIAL SERVICES > 3. Child Welfare Training > 1. General Provisions


text: The department shall select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program.

article: 2. Child Welfare Training Program

path: 9. PUBLIC SOCIAL SERVICES > 3. Child Welfare Training > 2. Child Welfare Training Program


text:
(a) The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.

(b) The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.

(c) The training provided pursuant to this section shall include all of the following:

(1) Crisis intervention.

(2) Investigative techniques.

(3) Rules of evidence.

(4) Indicators of abuse and neglect.

(5) Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.

(6) Intervention strategies.

(7) Legal requirements of child protection, including requirements of child abuse reporting laws.

(8) Case management.

(9) Use of community resources.

(10) Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.

(11) Post-traumatic stress disorder and the causes, symptoms, and treatment of post-traumatic stress disorder in children and the types of and behavioral manifestation of trauma, loss, and grief.

(12) The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the child’s best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.

(13) The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.

(14) The information described in subdivision (d) of Section 16501.4.

(15) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.

(d) The training provided pursuant to this section may also include any or all of the following:

(1) Child development and parenting.

(2) Intake, interviewing, and initial assessment.

(3) Casework and treatment.

(4) Medical aspects of child abuse and neglect.

(e) The training program in each county shall assess the program’s performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:

(1) Workforce data, including education, qualifications, and demographics.

(2) The number of persons trained.

(3) The type of training provided.

(4) The degree to which the training is perceived by participants as useful in practice.

(5) Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.

(f) The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims’ advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.

history: (History: Amended (as amended by Stats. 2017, Ch. 24, Sec. 48) by Stats. 2017, Ch. 714, Sec. 3. (AB 1006) Effective January 1, 2018.)

article: 2. Child Welfare Training Program


text: Nothing in this chapter is intended to replace training requirements established by the department in regulations contained in Sections 30-196 and 30-272 of the department’s manual of policies and procedures.

article: 2. Child Welfare Training Program


text:
(a) (1) The department, in consultation with the Child Welfare Training Advisory Board, shall contract with the University of California or the California State University system to develop a statewide protocol for telephone screening of emergency response referrals to protect children from abuse and neglect, to be called the Emergency Response Protocol. The department shall seek the advice of the California Children’s Lobby in the development of this protocol.

(2) The Emergency Response Protocol shall incorporate written procedures for screening each referral of abuse or neglect to assess whether abuse of another family or household member is occurring. This additional domestic violence assessment and referral criteria shall be developed by the department in consultation with domestic violence victims’ advocates, and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators and the County Welfare Directors Association.

(b) The department shall utilize available child welfare training funds in the development of the protocol.

(c) The department shall incorporate the protocol into the child welfare training program described in this article no later than February 15, 1992.

history: (History: Amended by Stats. 1996, Ch. 1139, Sec. 13. Effective January 1, 1997.)

article: 2. Child Welfare Training Program


text:
(a) The department shall establish a Child Welfare Training Advisory Board to oversee training programs as specified by this chapter.

(b) The advisory board shall be composed of nine members, consisting of representatives from child welfare, legal, judicial, and medical disciplines, and representatives from the public sector, who shall advise the director on the development of training programs and materials and other matters as deemed appropriate by the executive director. The board shall be appointed by the Director of Social Services. The advisory board members shall have demonstrated expertise in areas including, but not limited to, sexual, physical, and emotional abuse of children; infant abuse; adolescent abuse; treatment of physically abused, sexually abused, or emotionally abused minors; and special needs of infants and minors.

path: 9. PUBLIC SOCIAL SERVICES > 3. Child Welfare Training > 3. Child Welfare Training Advisory Board


text: The appropriation in support of the Child Welfare Training Program shall be provided annually through the Budget Act.

article: 4. Funding

path: 9. PUBLIC SOCIAL SERVICES > 3. Child Welfare Training > 4. Funding


text:
The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. All counties shall establish and maintain specialized organizational entities within the county welfare department which shall have sole responsibility for the operation of the child welfare services program.

The Legislature hereby declares its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect.

history: (History: Amended by Stats. 1996, Ch. 1084, Sec. 10. Effective January 1, 1997.)

chapter: 5. State Child Welfare Services

path: 9. PUBLIC SOCIAL SERVICES > 5. State Child Welfare Services


text:
(a) It is the intent of the Legislature to use the strengths of families and communities to serve the needs of children who are alleged to be abused or neglected, as described in Section 300, to reduce the necessity for removing these children from their home, to encourage speedy reunification of families when it can be safely accomplished, to locate permanent homes and families for children who cannot return to their biological families, to reduce the number of placements experienced by these children, to ensure that children leaving the foster care system have support within their communities, to improve the quality and homelike nature of out-of-home care, and to foster the educational progress of children in out-of-home care.

(b) In order to achieve the goals specified in subdivision (a), the state shall encourage the development of approaches to child protection that do all of the following:

(1) Allow children to remain in their own schools, in close proximity to their families.

(2) Increase the number and quality of foster families available to serve these children.

(3) Use a team approach to foster care that permits the biological and foster family and the child to be part of that team.

(4) Use team decisionmaking in case planning.

(5) Provide support to foster children and foster families.

(6) Ensure that licensing requirements do not create barriers to recruitment of qualified, high-quality foster homes.

(7) Provide training for foster parents and professional staff on working effectively with families and communities.

(8) Encourage foster parents to serve as mentors and role models for biological parents.

(9) Use community resources, including community-based agencies and volunteer organizations, to assist in developing placements for children and to provide support for children and their families.

(10) Ensure an appropriate array of placement resources for children in need of out-of-home care.

(11) Ensure that no child leaves foster care without a lifelong connection to a committed adult.

(12) Ensure that children are actively involved in the case plan and permanency planning process.

(c) (1) Each county shall provide the department with a disaster response plan describing how county programs assisted under Part B (commencing with Section 620) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Titles IV-B and IV-E of the Social Security Act) would respond to a disaster. The plan shall set forth procedures describing how each county will perform the following services:

(A) Identify, locate, and continue availability of services for children under state care or supervision who are displaced or adversely affected by a disaster.

(B) Respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases.

(C) Remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster.

(D) Preserve essential program records.

(E) Coordinate services and share information with other counties.

(2) The department shall review its disaster plan with respect to subparagraphs (A) to (E), inclusive, of paragraph (1), and shall revise the plan to clarify the role and responsibilities of the state in the event of a disaster.

(3) The department shall consult with counties to identify opportunities for collaboration between counties, and between the county and the state, in the event of a disaster.

(d) In carrying out the requirements of subdivisions (b) and (c), the department shall do all of the following:

(1) Consider the existing array of program models provided in statute and in practice, including, but not limited to, wraparound services, as defined in Section 18251, children’s systems of care, as provided for in Section 5852, the Oregon Family Unity or Santa Clara County Family Conference models, which include family conferences at key points in the casework process, such as when out-of-home placement or return home is considered, and the Annie E. Casey Foundation Family to Family initiative, which uses team decisionmaking in case planning, community-based placement practices requiring that children be placed in foster care in the communities where they resided prior to placement, and involve foster families as team members in family reunification efforts.

(2) Ensure that emergency response services, family maintenance services, family reunification services, and permanent placement services are coordinated with the implementation of the models described in paragraph (1).

(3) Ensure consistency between child welfare services program regulations and the program models described in paragraph (1).

(e) The department, in conjunction with stakeholders, including, but not limited to, county child welfare services agencies, foster parent and group home associations, the California Youth Connection, and other child advocacy groups, shall review the existing child welfare services program regulations to ensure that these regulations are consistent with the legislative intent specified in subdivision (a). This review shall also determine how to incorporate the best practice guidelines for assessment of children and families receiving child welfare and foster care services, as required by Section 16501.2.

(f) The department shall report to the Legislature on the results of the actions taken under this section on or before January 1, 2002.

history: (History: Amended by Stats. 2007, Ch. 583, Sec. 29. Effective January 1, 2008.)