text:
(a) (1) If a program will admit Medi-Cal beneficiaries, no later than 12 months following the date of initial licensure, a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall obtain a contract, subject to an agreement on rates and terms and conditions, with a county mental health plan to provide specialty mental health services and demonstrate the ability to meet the therapeutic needs of each child, as identified in any of the following:

(A) A mental health assessment.

(B) The child’s case plan.

(C) The child’s needs and services plan.

(D) The assessment of a qualified individual, as defined in subdivision (l) of Section 16501.

(E) Other documentation demonstrating the child has a mental health need.

(2) A short-term residential therapeutic program shall comply with any other mental health program approvals required by the State Department of Health Care Services or by a county mental health plan to which mental health program approval authority has been delegated.

(b) A short-term residential therapeutic program, except as specified in subdivision (c), may accept for placement a child who meets both of the criteria in paragraphs (1) and (2) and at least one of the conditions in paragraph (3).

(1) The child does not require inpatient care in a licensed health facility.

(2) The child has been assessed as requiring the level of services provided in a short-term residential therapeutic program in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the child’s own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. The assessment shall ensure the child has needs in common with other children or youth in the care of the facility, consistent with subdivision (c) of Section 16514.

(3) The child meets at least one of the following conditions:

(A) The child has been assessed, pursuant to Section 4096, as meeting the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.

(B) The child has been assessed, pursuant to Section 4096, as seriously emotionally disturbed, as defined in subdivision (a) of Section 5600.3.

(C) The child requires emergency placement pursuant to paragraph (3) of subdivision (h).

(D) The child has been assessed, pursuant to Section 4096, as requiring the level of services provided by the short-term residential therapeutic program in order to meet the child’s behavioral or therapeutic needs.

(4) Subject to the requirements of this subdivision, a short-term residential therapeutic program may have a specialized program to serve a child, including, but not limited to, the following:

(A) A commercially sexually exploited child.

(B) A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the child’s behavior, and short-term intervention is needed to transition the child back into the home.

(C) A juvenile sex offender.

(D) A child who is affiliated with, or impacted by, a gang.

(c) (1) A short-term residential therapeutic program that is operating as a children’s crisis residential program, as defined in Section 1502 of the Health and Safety Code, may accept for admission any child who meets all of the requirements set forth in paragraph (3) of subdivision (c) of Section 11462.011 and subdivisions (a) to (e), inclusive, of Section 4096.

(2) The primary function of a children’s crisis residential program is to provide short-term crisis stabilization, therapeutic intervention, and specialized programming in an unlocked, staff-secured setting with a high degree of supervision and structure and the goal of supporting the rapid and successful transition of the child back to the community.

(d) A foster family agency that is certified as a Medi-Cal specialty mental health provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, and which has entered into a contract with a county mental health plan pursuant to Section 1810.436 of Title 9 of the California Code of Regulations, shall provide, or provide access to, specialty mental health services to children under its care who do not require inpatient care in a licensed health facility and who meet the medical necessity criteria for Medi-Cal specialty mental health services provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.

(e) A foster family agency that is not certified as a Medi-Cal specialty mental health provider shall provide access to specialty and mental health services and other services in that program for children who do not require inpatient care in a licensed health facility and who meet any of the conditions in paragraph (3) of subdivision (b). In this situation, the foster family agency shall do the following:

(1) In the case of a child who is a Medi-Cal beneficiary, arrange for specialty mental health services from the county mental health plan.

(2) In all other cases, arrange for the child to receive mental health services.

(f) All short-term residential therapeutic programs shall maintain the level of care and services necessary to meet the needs, including the assessed needs and child-specific goals identified by a qualified individual pursuant to subdivision (g) of Section 4096, as applicable, of the children and youth in their care and shall maintain and have in good standing the appropriate mental health program approval. If a program will admit Medi-Cal beneficiaries, the short-term residential therapeutic program shall obtain a certification to provide Medi-Cal specialty mental health services issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations. All foster family agencies that are certified as a Medi-Cal specialty mental health provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations shall maintain the level of care and services necessary to meet the needs of children and youth in their care and shall maintain and have in good standing the Medi-Cal specialty mental health provider certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority.

(g) The assessments described in subparagraphs (A), (B), (C), and (D) of paragraph (3) of subdivision (b) shall ensure the child’s individual behavioral or treatment needs are consistent with, and can be met by, the facility and shall be made by one of the following, as applicable:

(1) An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team. If the short-term residential therapeutic program serves children who are placed by county child welfare agencies and children who are placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need.

(2) A licensed mental health professional as defined in subdivision (j) of Section 4096.

(3) An individualized education program team. For the purposes of this section, an AFDC-FC funded child with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement.

(4) A qualified individual, as defined in subdivision (l) of Section 16501.

(h) (1) The short-term residential therapeutic program shall maintain documentation of the assessments required pursuant to Section 4096 for AFDC-FC funded children, except as provided for in paragraph (3) of subdivision (g). The short-term residential therapeutic program shall inform the department if the county placing agency does not provide the documentation.

(2) The approval shall be in writing and shall indicate that the interagency placement committee has determined one of the following:

(A) The child meets the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.

(B) The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.

(3) (A) Nothing in subdivisions (a) to (g), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential therapeutic program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (j) of Section 4096, has made a written determination within 72 hours of the child’s or youth’s placement, that the child or youth requires the level of services and supervision provided by the short-term residential therapeutic program in order to meet their behavioral or therapeutic needs. If the short-term residential therapeutic program serves children placed by county child welfare agencies and children placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need.

(i) The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.

(ii) If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential therapeutic program.

(iii) If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).

(B) (i) If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential therapeutic program and shall include a recommendation as to the child’s appropriate level of care and placement to meet the child’s service needs. The necessary interagency placement committee representative or representatives shall participate in any child and family team meetings to refer the child or youth to an appropriate placement, as specified in this section.

(ii) The child may remain in the placement for the amount of time necessary to identify and transition the child to an alternative, suitable placement. On and after October 1, 2021, federal AFDC-FC shall not be used to fund the placement for more than 30 days from the date that the qualified individual or interagency placement committee determined that the placement is no longer recommended or the court disapproved the placement.

(iii) Notwithstanding clause (ii), if the interagency placement committee determined the placement was not appropriate due to a health and safety concern, immediate arrangements for the child to transition to an appropriate placement shall occur.

(i) Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential therapeutic program.

(j) The department shall, through regulation, establish consequences for the failure of a short-term residential therapeutic program to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section.

(k) The department shall not establish a rate for a short-term residential therapeutic program unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, “host county,” and “primary placing county,” mean the same as defined in the department’s AFDC-FC ratesetting regulations.

(l) Any short-term residential therapeutic program shall be reclassified and paid at the appropriate program rate for which it is qualified if any of the following occur:

(1) (A) It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the department’s AFDC-FC ratesetting regulations developed pursuant to Section 11462.

(B) In the event of a determination under this paragraph, the short-term residential therapeutic program may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential therapeutic program. During any appeal, the short-term residential therapeutic program shall maintain the appropriate level of care.

(2) It fails to maintain a mental health treatment program as required by subdivision (f).

(3) It fails to timely obtain or maintain accreditation as required by state law or fails to provide proof of that accreditation to the department upon request.

(m) In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential therapeutic program, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement.

(n) The department shall develop a process to address placements when, subsequent to the child’s or youth’s placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:

(1) Notice of the determination in writing to both the county placing agency and the short-term residential therapeutic program or foster family agency that provides intensive and therapeutic treatment.

(2) Notice of the county’s plan, and a timeframe, for removal of the child or youth in writing to the short-term residential therapeutic program that provides intensive and therapeutic treatment.

(3) Referral to an appropriate placement.

(4) Actions to be taken if a child or youth is not timely removed from the short-term residential therapeutic program that provides intensive and therapeutic treatment or placed in an appropriate placement.

(o) (1) Nothing in this section shall prohibit a short-term residential therapeutic program from accepting private admissions of children or youth.

(2) When a referral is not from a public agency and public funding is not involved, there is no requirement for public agency review or determination of need.

(3) Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (j) of Section 4096.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 29. (AB 161) Effective July 2, 2024.)


kind: section

code: WIC

text:
(a) Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential therapeutic program, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds.

(b) Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential therapeutic program.

(c) If a county exercises its option to operate a foster family agency or a short-term residential therapeutic program, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential therapeutic program, as applicable.

(d) A county that requests, and is granted, a license for a foster family agency or short-term residential therapeutic program shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.

(e) As a condition for eligibility for an AFDC-FC rate for a short-term residential therapeutic program or a foster family agency, the county shall comply with all applicable law concerning a short-term residential therapeutic program or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:

(1) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.

(2) Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.

(3) Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.

(4) Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.

(5) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.

(6) Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.

(f) The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the county’s operation of a licensed short-term residential therapeutic program or foster family agency is optional for the county and is not required by this section.

(g) Counties licensed to operate a foster family agency or short-term residential therapeutic program shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:

(1) A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.

(2) The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential therapeutic programs.

(3) The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential therapeutic programs.

(4) Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential therapeutic programs.

(h) This section shall become operative on January 1, 2017.

history: (History: Amended (as added by Stats. 2015, Ch. 773, Sec. 78) by Stats. 2016, Ch. 612, Sec. 93. (AB 1997) Effective January 1, 2017.)

division: 9. PUBLIC SOCIAL SERVICES

path: 9. PUBLIC SOCIAL SERVICES > 2. California Work Opportunity and Responsibility to Kids Act > 6. Computation and Payment of Aid Grants


text:
(a) Notwithstanding Section 11462, when the director determines that a rate established pursuant to that section for a multistate group home facility which operates in more than two states and which provides high impact adventure programs and which first offered these programs in the State of Arizona, is less than the established national rate for the multistate group home facility, and when the director determines that the multistate group home facility is otherwise licensed but would not be available due to the operation of Section 11462, the director may at his or her discretion establish a rate comparable to the rate paid in other states.

(b) When the director establishes a rate pursuant to this section, the facility shall be subject to audits by the department, or other public or private audit agency with which the department contracts, no less often than every three years.

history: (History: Amended by Stats. 1987, Ch. 1212, Sec. 6.)

chapter: 2. California Work Opportunity and Responsibility to Kids Act

article: 6. Computation and Payment of Aid Grants


text:
(a) Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.

(b) Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.

(c) For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d) or (e).

(d) A group home may request an exception to extend its rate as follows:

(1) The department may grant an extension for up to two years, through December 31, 2018, except as provided in paragraph (2), on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement.

(A) The department may grant an additional extension to a group home beyond December 31, 2018, upon a county child welfare agency submitting a written request on behalf of a provider and providing documentation in a format to be determined by the department pursuant to subparagraph (B). If granted, the extension requests shall be provided in increments up to six months and may be renewed by the department if the documentation is provided. Extensions granted pursuant to this subparagraph shall not exceed a total of 12 months.

(B) In order to be eligible to maintain placement of placed foster youth in a group home receiving an extension pursuant to subparagraph (A), the county child welfare agency, in partnership with the county mental health plan, shall submit a plan to the department by August 15, 2018. This plan shall do all of the following:

(i) Describe the agency’s plan to transition all foster youth under the jurisdiction of the county residing in group homes into a home-based placement, or, if determined by the interagency placement committee, to a licensed short-term residential therapeutic program (STRTP) within the extension period.

(ii) Address the need, availability, and capacity of STRTPs and other therapeutic placement options for the youth under the jurisdiction of the county and document prior and ongoing efforts taken to solicit or develop needed STRTP capacity.

(iii) Develop and document child specific transition plans that include a description of all of the following:

(I) Intensive family finding and engagement for every child lacking an identified home-based caregiver, including those youth identified for STRTP transition.

(II) Child and family team-driven case plans that identify and respond to barriers to home-based placement.

(III) Documentation of the trauma-informed and permanency-competent specialty mental health services to be provided, including wraparound, collateral, intensive care coordination and intensive home-based services, and therapeutic behavioral services.

(iv) Document efforts to expand or establish intensive services foster care, therapeutic foster care programs, and other home-based services that provide timely access to trauma-informed care, in conjunction with the county behavioral health department.

(v) Detail any barriers to achieving the goals in clauses (i) to (iv), inclusive, that have led the county to support the extension.

(vi) Identify any additional solutions to the barriers that are not addressed in the efforts identified in clauses (i) to (iv), inclusive, which may include needed action from partner agencies such as county boards of supervisors, county behavioral health directors, the department, the State Department of Health Care Services, STRTPs, foster family agencies, or other local agencies, including, but not limited to, regional centers and special education agencies, that would aid the county child welfare agency in delivering appropriate services to foster youth.

(C) The department shall require a provider on whose behalf an extension is being sought pursuant to subparagraph (A) to document the provider’s efforts to convert to an STRTP, foster family agency, or other service provider.

(2) Pursuant to Section 11462.041, after the expiration of the extension afforded in paragraph (1), the department may grant an additional extension to a group home beyond December 31, 2018, upon a provider submitting a written request and the county probation department providing documentation stating that absent the granting of that extension, there is a significant risk to the safety of the youth or the public, due to an inadequate supply of short-term residential therapeutic programs or resource families necessary to meet the needs of probation youth. The extension granted to any provider through this section may be reviewed annually by the department if concerns arise regarding that provider’s facility. Pursuant to subdivision (e) of Section 11462.041, the final report submitted to the Legislature shall address whether or not the extensions are still necessary.

(3) The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.

(4) A provider granted an extension pursuant to this section shall continue to operate and be governed by the applicable laws and regulations that were operative on December 31, 2016.

(5) If the exception request granted pursuant to this subdivision is not made by the host county, the placing county shall notify and provide a copy to the host county.

(e) (1) It is the intent of the Legislature to ensure that foster youth with more intensive needs receive timely access to services and supports that will reduce the use of, and the length of stay in, congregate care settings, while acknowledging that the ultimate goal for these youth is placement in a home-based setting that will lead to permanency. It is also the intent of the Legislature to acknowledge that continued development of home-based intensive services capacity is necessary to reduce the use of congregate care, and that state and county agencies and foster care providers must work together during the extension period described in this section to address the barriers to building the needed capacity to serve foster youth in a variety of high-quality settings.

(2) The department may grant an extension to a group home beyond December 31, 2019, and until December 31, 2020, upon a county child welfare agency submitting a written request on behalf of a provider that includes an update to any previously submitted documentation described in subdivision (d). In order to be eligible to maintain placement of placed foster youth in a group home receiving an extension pursuant to this subdivision, the county child welfare agency and the county mental health plan shall submit a collaborative plan to the department and the State Department of Health Care Services by December 15, 2019. The plan shall do all of the following:

(A) Update the child-specific transition plans previously submitted pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (d), or provide new child-specific transition plans, if not previously submitted, for any foster youth who remains in a group home that is currently transitioning to STRTP licensure and for any foster child who remains in a group home that is not transitioning to STRTP licensure, as evidenced by the department not having received an STRTP program statement or having been denied licensure as an STRTP. The updated or new child-specific transition plans shall include the following:

(i) Verification that family finding activities were previously attempted on behalf of the child and a description of family finding activities currently underway, or other activities to connect the child to caring adults outside of the congregate care setting who can provide emotional support to the child.

(ii) A summary of child and family team meetings and case plan efforts to address the child’s strengths and needs, as informed by the Child and Adolescent Needs and Strengths (CANS) assessment, and any planned activities to support the child’s transition to another appropriate placement.

(iii) A summary of the specialty mental health services planned or provided to the child to support the case plan goals, as informed by the CANS assessment and the child and family team.

(B) Based on an analysis by the department, in consultation with the county child welfare agencies and behavioral health agencies, update and validate the needed congregate care capacity and capacity of intensive, home-based services as an alternative to congregate care and existing or planned contracts with congregate care or family-based providers.

(C) Identify any existing or planned contracts or efforts to directly provide or contract for intensive family finding and child-specific recruitment for children in congregate care or other family-based settings.

(D) Identify any existing or planned specialty mental health services targeted to address the mental health service needs of a foster child transitioning from congregate care to permanency or other family-based care setting and any gaps that remain. For children residing in group homes who require the level of care provided by an STRTP, as determined by an interagency placement committee, or who are placed into an STRTP without a mental health contract, provide a description of the specialty mental health services arranged for by the county mental health plan to address the mental health service needs of children placed into the facilities.

(3) A county that did not submit a request and plan for extension pursuant to subparagraph (B) of paragraph (1) of subdivision (d), may submit a request for an extension pursuant to this subdivision, but the county shall also submit the information required pursuant to paragraph (2) of subdivision (d).

(4) The department, the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, the California Alliance of Child and Family Services, and other stakeholders, shall meet to develop a collaborative plan to address barriers to building high-quality services in residential treatment programs and in family-based settings, including, but not limited to, all of the following:

(A) Developing technical assistance to support youth who have more intensive service needs to prevent placement disruptions and out-of-state placements and support transitions to relative-based care or other family-based care.

(B) Identifying ways to increase intensive family-based home capacity to support foster youth transitioning from congregate care and to prevent congregate care placement.

(C) Identifying systemic improvements and technical assistance options to assist providers in navigating processes, such as STRTP licensure, mental health plan approval, Medi-Cal billing, Medi-Cal certification, implementing trauma-informed programming and services, and transitioning to other facility types and services.

(D) Evaluating the timing of STRTP licensure, accreditation, mental health plan approval, and Medi-Cal certification processes to facilitate the conversion of quality group homes into licensed STRTPs and make recommendations regarding adjustments to those timelines.

(f) (1) The extended rate granted pursuant to either paragraph (1) or (2) of subdivision (d) or subdivision (e) shall be provisional and subject to terms and conditions set by the department during the provisional period.

(2) Consistent with Section 11466.01, for provisional rates, the following shall be established:

(A) Terms and conditions, including the duration of the provisional rate.

(B) An administrative review process for provisional rate determinations, including denials, reductions, and terminations.

(C) An administrative review process that includes a departmental review, corrective action, and a protest with the department. 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), this process shall be disseminated by written directive pending the promulgation of regulations.

(g) Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential therapeutic program or, effective January 1, 2017, the rate set pursuant to Section 11463 as a foster family agency.

(h) The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.

(i) Notwithstanding the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 276. (SB 1371) Effective January 1, 2021.)


text: Notwithstanding Section 11342.610 of the Government Code, providers, as defined in Section 11466, shall be deemed small businesses and the department shall project the impact on group homes and foster family agencies of any new regulations which will affect those community care facilities.

history: (History: Amended by Stats. 2017, Ch. 732, Sec. 73. (AB 404) Effective January 1, 2018.)


text:
(a) For purposes of the administration of this article, including the setting of AFDC-FC provider rates, the department shall deem the reasonable costs of leases for shelter care for foster children to be allowable costs. Reimbursement of shelter costs shall not exceed the fair market rental value, as determined in subdivision (b), of owned, leased, or rented buildings, including any structures, improvements, edifices, land, grounds, and other similar property that is owned, leased, or rented by the provider and that is used for the provider’s AFDC-FC programs and activities, exclusive of idle capacity and capacity used for nonresidential foster care programs and activities. Shelter costs shall be considered reasonable in relation to the fair market value limit as described in subdivision (b).

(b) (1) For purposes of this section, fair market rental value of leased property shall be determined by either of the following methods, as chosen by the provider:

(A) The fair market rental value determined by a comparative analysis prepared by an independent real estate broker. The comparative analysis shall be performed by a qualified, licensed professional who acts within the scope of the broker’s license, who, at a minimum, meets the standards for brokers, as specified in Chapter 6 (commencing with Section 2705) of Title 10 of the California Code of Regulations, and the comparatives shall be made in accordance with Section 200.465(a) of Title 2 of the Code of Federal Regulations.

(B) The fair market rental value determined by an independent appraisal. The appraisal shall be performed by a qualified, licensed professional appraiser who, at a minimum, meets standards for appraisers as specified in Chapter 6.5 (commencing with Section 3500) of Title 10 of the California Code of Regulations.

(2) The determinations made pursuant to this subdivision shall not be deemed independent if performed under a less-than-arm’s-length agreement, or if performed by a person or persons employed by, or under contract with, the program for purposes other than performing appraisals, or by a person having a material interest in any program that receives foster care payments. If the department believes an appraisal does not meet these standards, the department shall give its reasons in writing to the provider and provide an opportunity for appeal.

(c) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement applicable provisions of this section by all-county letters or similar instructions until regulations are adopted.

(d) (1) Commencing July 1, 2003, any group home or short-term residential therapeutic provider with a self-dealing lease transaction for shelter costs, as defined in Section 5233 of the Corporations Code, shall not be eligible for an AFDC-FC rate.

(2) Lease and rental transactions are subject to restrictions set forth in Section 200.465(c) of Title 2 of the Code of Federal Regulations.

(e) (1) Fair market rental value shall be determined at the execution of the lease and at renewal or extension of the lease, or for a month-to-month tenancy, at the commencement of the audit period.

(2) Lease and rental arrangements shall be reviewed periodically to determine if circumstances have changed and other options are available.

history: (History: Amended (as amended by Stats. 2016, Ch. 612, Sec. 96) by Stats. 2017, Ch. 732, Sec. 69. (AB 404) Effective January 1, 2018.)


text:
(a) The State Department of Health Care Services shall, in consultation with the Department of Managed Health Care, the State Department of Social Services, the County Behavioral Health Directors Association of California, the County Welfare Directors Association of California, the Chief Probation Officers of California, provider representatives, and other relevant stakeholders, establish program standards and procedures for oversight, enforcement, and issuance of children’s crisis residential mental health program approvals, including provisional approvals that are effective for a period of less than one year. The State Department of Health Care Services shall also establish due process protections related to the children’s crisis residential mental health program approval process.

(b) The State Department of Health Care Services shall, in collaboration with the department, the County Behavioral Health Directors Association of California, provider representatives, and other relevant stakeholders, provide guidance to counties for the provision of children’s crisis residential services, including funding for children who are Medi-Cal beneficiaries and who are admitted to a children’s crisis residential program. This subdivision shall only be implemented to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized.

(c) (1) The children’s crisis residential program shall be used only as a diversion to admittance to a psychiatric hospital.

(2) (A) The length of the initial authorization for admission to a children’s crisis residential program shall be limited to 10 consecutive days.

(B) If a determination is made by a health care professional that a children’s crisis residential program is medically necessary and is the appropriate continued level of care, either of the following shall occur:

(i) In the case of a Medi-Cal beneficiary, the children’s crisis residential program shall notify the county mental health plan authorizing those services before extending the length of stay beyond 10 consecutive days.

(ii) In the case of non-Medi-Cal beneficiaries, reauthorizations for admission shall be obtained using the process established by the entity providing coverage.

(C) With the exception of clause (ii) of subparagraph (B), this paragraph shall be implemented only to the extent that any necessary federal approvals are obtained and the State Department of Health Care Services determines, in its sole discretion, that federal financial participation is not jeopardized.

(3) A children’s crisis residential program may accept for admission any child who meets all of the following requirements:

(A) The child is referred by a parent or guardian, physician, or licensed mental health professional, or by the representative of a public or private entity, including, but not limited to, the county probation agency or child welfare services agency with responsibility for the placement of a child in foster care, that has the right to make these decisions on behalf of a child who is in mental health crisis.

(B) The child is under 19, 20, or 21 years of age, depending on a program’s licensing requirements.

(C) The child has a serious behavioral health disorder.

(D) The child requires a 24-hours-a-day, seven-days-a-week, staff-secured, unlocked treatment setting.

(d) A children’s crisis residential mental health program approval issued by the State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, shall be a condition of continued licensure for a short-term residential therapeutic program operating as a children’s crisis residential program.

(e) The State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, may enforce the children’s crisis residential mental health program approval standards by taking any of the following actions against a noncompliant children’s crisis residential program:

(1) Suspend or revoke a children’s crisis residential mental health program approval.

(2) Impose monetary penalties.

(3) Place a children’s crisis residential mental health program on probation.

(4) Require a children’s crisis residential mental health program to prepare and comply with a corrective action plan.

(f) The State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, shall provide a children’s crisis residential mental health program with due process protections when taking any of the actions described in subdivision (e).

(g) Contingent upon an appropriation in the annual Budget Act for these purposes, the department shall begin implementation of this section no later than July 1, 2018, and shall commence the operation of the approval process for children’s crisis residential mental health program approvals no later than January 1, 2019.

history: (History: Amended by Stats. 2018, Ch. 910, Sec. 36. (AB 1930) Effective January 1, 2019.)


text:
(a) Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.

(b) Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, approved resource family, or in the case of an Indian child, an extended family member as described in paragraph (1) of subdivision (c) of Section 224.1 or a tribally approved home as described in subdivision (r) of Section 224.1 and in Section 10553.12. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by Section 361.31.

(c) A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.

(d) Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the child’s discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.

(e) The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facility’s plan of operation and are available to children detained at the facility:

(1) Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).

(2) Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the child’s needs.

(3) Trauma-informed services and interventions.

(4) Crisis intervention services.

(5) Care and supervision provided by trauma-informed trained and qualified staff.

(6) Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.

(7) Educational services to ensure the child’s educational progress, including efforts to maintain the child in their school of origin if practical.

(8) Visitation services, including the ability to provide court-ordered, supervised visitation.

(9) Structured indoor and outdoor activities, including recreational and social programs.

(10) Transportation and other forms of support to ensure, to the extent possible, the child’s ability to attend and participate in important milestone events.

(11) Mentorship and peer support-type programs.

(f) (1) In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the child’s overstay, and shall be signed by the county child welfare agency director or their designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).

(2) The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.

(3) To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.

(g) At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.

(h) The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.

history: (History: Amended by Stats. 2024, Ch. 656, Sec. 30. (AB 81) Effective September 27, 2024.)


text:
(a) The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential therapeutic programs in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers’ ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential therapeutic programs to meet the needs of probation youth and ensure public safety.

(b) To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:

(1) Work with group home providers to develop short-term residential therapeutic programs that meet the treatment needs of probation supervised youth in foster care.

(2) Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.

(3) Work with the department on strategies to identify, engage, and support relative caregivers.

(4) Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.

(c) To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:

(1) Work with providers, courts, and county probation departments to develop capacity for home-based family care.

(2) Work with short-term residential therapeutic programs and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.

(3) Develop appropriate rate structures to support probation foster youth in home-based family care.

(4) Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.

(5) Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential therapeutic program or foster family agency models outlined in this act.

(6) Provide technical assistance related to implementation of this section to any requesting county probation department.

(d) Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential therapeutic programs. This assessment shall include:

(1) The number and type of placement options.

(2) Whether short-term residential therapeutic programs have developed programming tailored to address the propensity of probation youth to run away.

(3) The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.

(4) Any need for additional training and technical assistance to be provided to short-term residential therapeutic programs or foster family agency providers.

(e) The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential therapeutic programs, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.

history: (History: Amended by Stats. 2016, Ch. 612, Sec. 95. (AB 1997) Effective January 1, 2017.)


text:
(a) The State Department of Social Services shall establish a working group to develop recommended revisions to the current system of setting reimbursement rates for group home providers.

(b) In developing recommended revisions to the group home ratesetting system, the working group shall consider the larger context for how the system can better incorporate a spectrum of placements and services that promote positive outcomes for children and families and shall address all of the following:

(1) The provision of mental health and other critical services for children and youth.

(2) The provision of services in family-like settings.

(3) The provision of services that support families and relatives.

(4) Outcome-based evaluation or other quality improvement concepts.

(c) The working group shall include legislative policy and budget staff, stakeholders that are representative of foster youth, providers, children’s advocates, and county welfare and probation directors and staff.

history: (History: Added by Stats. 2010, Ch. 725, Sec. 19. (AB 1612) Effective October 19, 2010.)


text:
(a) The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.

(b) The department shall develop a payment system for foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:

(1) Administrative activities that are eligible for federal financial participation provided, at the request of the county, for and to county-licensed or approved family homes and resource families, intensive case management and supervision, and services to achieve legal permanency or successful transition to adulthood.

(2) Social work activities that are eligible for federal financial participation under Title IV-E (42 U.S.C. Sec. 670 et seq.) of the federal Social Security Act.

(3) Social work and mental health services eligible for federal financial participation under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act.

(4) Intensive treatment or therapeutic services in the foster family agency.

(5) Core services that are made available to children and nonminor dependents either directly or secured through agreements with other agencies, and which are trauma informed, culturally relevant, and include any of the following:

(A) Specialty mental health services for children who meet medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.

(B) Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.

(C) Educational, physical, behavioral, and mental health supports, including extracurricular activities and social supports.

(D) Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.

(E) Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate.

(F) When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services specified in subparagraphs (A) to (E), inclusive, shall be provided to eligible Indian children consistent with active efforts pursuant to Section 361.7.

(G) The core services specified in subparagraphs (A) to (F), inclusive, are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, and school-based extracurricular activities.

(6) Staff training.

(7) Health and Safety Code requirements.

(8) A process for accreditation that includes all of the following:

(A) Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.

(B) Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required.

(C) Provision for timely reporting to the department of any change in accreditation status.

(9) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.

(10) Populations served, including, but not limited to, any of the following:

(A) (i) Children and youth assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, including those children and youth placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code.

(ii) Children assessed as meeting the medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.

(B) AFDC-FC children and youth receiving intensive and therapeutic treatment services in a foster family agency.

(C) AFDC-FC children and youth receiving mental health treatment services from a foster family agency.

(11) Maximization of federal financial participation for Title IV-E (42 U.S.C. Sec. 670 et seq.) and Title XIX (42 U.S.C. Sec. 1396 et. seq.) of the federal Social Security Act.

(c) Commencing January 1, 2017, the department shall establish rates pursuant to subdivisions (a) and (b). The rate structure shall include an interim rate, a provisional rate for new foster family agency programs, and a probationary rate. The department may issue a one-time reimbursement for accreditation fees incurred after August 1, 2016, in an amount and manner determined by the department in written directives.

(1) (A) Unless the Tiered Rate Structure established in subdivision (h) of Section 11461 applies to a child or nonminor dependent, initial interim rates developed pursuant to this section shall be effective January 1, 2017, to December 31, 2028, inclusive, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later.

(B) The initial interim rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision.

(C) The initial interim rates set forth in written directives or regulations pursuant to paragraph (4) shall become inoperative on January 1, 2029, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later.

(2) Consistent with Section 11466.01, for provisional and probationary rates, all of the following shall be established:

(A) Terms and conditions, including the duration of the rate.

(B) An administrative review process for the rate determinations, including denials, reductions, and terminations.

(C) An administrative review process that includes a departmental review, corrective action, and an appeal with the department. 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), this process shall be disseminated by written directive pending the promulgation of regulations.

(3) (A) The foster family agency rate shall include a basic rate pursuant to paragraph (4) of subdivision (g) of Section 11461. A child or youth placed in a certified family home or with a resource family of a foster family agency is eligible for the basic rate, which shall be passed on to the certified parent or resource family along with annual increases in accordance with paragraph (2) of subdivision (g) of Section 11461.

(B) The basic rate paid to either a certified family home or a resource family of a foster family agency shall be paid by the agency to the home from the rate that is paid to the agency pursuant to this section.

(C) In addition to the basic rate described in this paragraph, the department shall develop foster family agency rates that consider specialized programs to serve children with specific needs, including, but not limited to, all of the following:

(i) Intensive treatment and behavioral needs, including those currently being served under intensive treatment foster care.

(ii) Specialized health care needs.

(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the foster family agency rates, and the manner in which they are determined, shall be set forth in written directives until regulations are adopted.

(d) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.

(e) The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.

(f) Commencing July 1, 2019, the rates paid to foster family agencies shall, except for the rate paid to a certified family home or resource family agency pursuant to subparagraph (A) of paragraph (3) of subdivision (c), be 4.15 percent higher than the rates paid to foster family agencies in the 2018–19 fiscal year.

(g) The amount included for the component for social workers in the interim rates for foster family agencies developed and implemented by the department pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be increased over the rates paid to foster family agencies in the 2019–20 fiscal year by fifty dollars ($50) per child, per month, effective July 1, 2021.

(h) (1) Notwithstanding the rate established pursuant to subdivisions (a) to (g), inclusive, the care and supervision rate paid on behalf of a child or nonminor dependent in a foster family agency placement on or after the date required by paragraph (9) of subdivision (h) of Section 11461 shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461.

(2) Provided all federal and state rate and licensing requirements are met, the per child per month care and supervision rate, as set forth in paragraph (3) of subdivision (h) of Section 11461, for a child or nonminor dependent placed with a foster family agency shall include a rate, according to the child or nonminor dependent’s tier as determined by the child or nonminor dependent’s periodic IP-CANS assessment, for administrative and other activities described in paragraphs (1) and (2) of subdivision (b) of Section 11460, according to the following tiered schedule:

Tier 1: $1610

Tier 2: $2634

Tier 3: $2634 [Ages 0-5]

Tier 3+: $7213 [Ages 6+]

(3) The rate set forth in paragraph (2) beginning July 1, 2028, and each fiscal year thereafter, shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.

(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 31. (AB 161) Effective July 2, 2024.)


text: In order to receive funding on behalf of children receiving AFDC-FC, each provider, as defined in Section 11466, shall provide a full disclosure of all financial information related to its operation, including independent certification of the information provided, in a manner and format established by the department.

history: (History: Repealed and added by Stats. 2017, Ch. 732, Sec. 77. (AB 404) Effective January 1, 2018.)


text:
(a) The Legislature finds and declares all of the following:

(1) Children who are consumers of regional center services and also receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC), Approved Relative Caregiver Funding Program (ARC) payments, Kinship Guardianship Assistance Payment (Kin-GAP) benefits, or Adoption Assistance Program (AAP) benefits have special needs that can require care and supervision beyond that typically provided to children in foster care. Clarifying the roles of the child welfare and developmental disabilities services systems will ensure that these children receive the services and supports they need in a timely manner and encourage the successful adoption of these children, where appropriate.

(2) To address the extraordinary care and supervision needs of children who are consumers of regional center services and also receiving AFDC-FC, ARC, Kin-GAP, or AAP benefits, it is necessary to provide a rate for care and supervision of these children that is higher than the average rate they would otherwise receive through the foster care system and higher than the rate other children with medical and other significant special needs receive.

(3) Despite the enhanced rate provided in this section, some children who are consumers of regional center services and also receiving AFDC-FC, ARC, Kin-GAP, or AAP benefits may have care and supervision needs that are so extraordinary that they cannot be addressed within that rate. In these limited circumstances, a process should be established whereby a supplement may be provided in addition to the enhanced rate.

(4) Children who receive rates pursuant to this section shall be afforded the same due process rights as all children who apply for AFDC-FC, ARC, Kin-GAP, and AAP benefits pursuant to Section 10950.

(b) Rates for children who are both regional center consumers and recipients of AFDC-FC, ARC, or Kin-GAP benefits under this chapter shall be determined as provided in Section 4684 and this section.

(c) (1) The rate to be paid for 24-hour out-of-home care and supervision provided to children who are both consumers of regional center services pursuant to subdivision (d) of Section 4512 and recipients of AFDC-FC, ARC, or Kin-GAP benefits under this chapter shall be two thousand six dollars ($2,006) per child per month.

(2) (A) The county, at its sole discretion, may authorize a supplement of up to one thousand dollars ($1,000) to the rate for children three years of age and older, if it determines the child has the need for extraordinary care and supervision that cannot be met within the rate established pursuant to paragraph (1). The State Department of Social Services and the State Department of Developmental Services, in consultation with stakeholders representing county child welfare agencies, regional centers, and children who are both consumers of regional center services and recipients of AFDC-FC, ARC, Kin-GAP, or AAP benefits, shall develop objective criteria to be used by counties in determining eligibility for and the level of the supplements provided pursuant to this paragraph. The State Department of Social Services shall issue an all-county letter to implement these criteria within 120 days of the effective date of this act. The criteria shall take into account the extent to which the child has any of the following:

(i) Severe impairment in physical coordination and mobility.

(ii) Severe deficits in self-help skills.

(iii) Severely disruptive or self-injurious behavior.

(iv) A severe medical condition.

(B) The caregiver may request the supplement described in subparagraph (A) directly or upon referral by a regional center. Referral by a regional center shall not create the presumption of eligibility for the supplement.

(C) When assessing a request for the supplement, the county shall seek information from the consumer’s regional center to assist in the assessment. The county shall issue a determination of eligibility for the supplement within 90 days of receipt of the request. The county shall report to the State Department of Social Services the number and level of rate supplements issued pursuant to this paragraph.

(d) (1) The rate to be paid for 24-hour out-of-home care and supervision provided for children who are receiving services under the California Early Start Intervention Services Act, are not yet determined by their regional center to have a developmental disability, as defined in subdivisions (a) and (l) of Section 4512, and are receiving AFDC-FC, ARC, or Kin-GAP benefits under this chapter, shall be eight hundred ninety-eight dollars ($898) per child per month. If a regional center subsequently determines that the child is an individual with a developmental disability as that term is defined by subdivisions (a) and (l) of Section 4512, the rate to be paid from the date of that determination shall be consistent with subdivision (c).

(2) The rates to be paid for 24-hour out-of-home nonmedical care and supervision for children who are recipients of AFDC-FC, ARC, or Kin-GAP and consumers of regional center services from a community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations, shall be the facility rate established by the State Department of Developmental Services.

(e) Rates paid pursuant to this section are subject to all of the following requirements:

(1) The rates paid to the foster care provider under subdivision (c) and paragraph (1) of subdivision (d) are only for the care and supervision of the child, as defined in subdivision (b) of Section 11460 and shall not be applicable to facilities described in paragraph (2) of subdivision (d).

(2) Regional centers shall separately purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP), pursuant to Section 4684.

(3) Beginning with the 2011–12 fiscal year, the rates in paragraph (1) of subdivision (c) and paragraph (1) of subdivision (d) shall be adjusted annually on July 1 by the percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. A county shall not be reimbursed for any increase in this rate that exceeds the adjustments made in accordance with this methodology.

(f) (1) The AFDC-FC rates paid on behalf of a regional center consumer who is a recipient of AFDC-FC prior to July 1, 2007, shall remain in effect unless a change in the placement warrants redetermination of the rate or if the child is no longer AFDC-FC eligible. However, AFDC-FC rates paid on behalf of these children that are lower than the rates specified in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d), respectively, shall be increased as appropriate to the amount set forth in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d), effective July 1, 2007, and shall remain in effect unless a change in the placement or a change in AFDC-FC eligibility of the child warrants redetermination of the rate.

(2) For a child who is receiving AFDC-FC benefits or for whom a foster care eligibility determination is pending, and for whom an eligibility determination for regional center services pursuant to subdivision (a) of Section 4512 is pending or approved, and for whom, prior to July 1, 2007, a State Department of Developmental Services facility rate determination request has been made and is pending, the rate shall be the State Department of Developmental Services facility rate determined by the regional center through an individualized assessment, or the rate established in paragraph (1) of subdivision (c), whichever is greater. The rate shall remain in effect until the child is no longer eligible to receive AFDC-FC, or, if still AFDC-FC eligible, is found ineligible for regional center services as an individual described in subdivision (a) of Section 4512. Other than the circumstances described in this section, regional centers shall not establish facility rates for AFDC-FC purposes.

(g) (1) The department shall adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, on or before July 1, 2009.

(2) The adoption of regulations pursuant to paragraph (1) shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, and general welfare. The regulations authorized by this subdivision shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.

(h) (1) The State Department of Social Services and the State Department of Developmental Services shall provide to the Joint Legislative Budget Committee, on an annual basis, the data set forth in paragraph (2) to facilitate legislative review of the outcomes of the changes made by the addition of this section. The first report shall be submitted on October 1, 2007.

(2) The following data shall be provided pursuant to this subdivision:

(A) The number of, and services provided to, children who are consumers of regional center services and who are receiving AAP, ARC, Kin-GAP, or AFDC-FC, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c).

(B) A comparison of services provided to these children and similar children who are regional center consumers who do not receive AFDC-FC, ARC, Kin-GAP, or AAP benefits, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c).

(C) The number and nature of appeals filed regarding services provided or secured by regional centers for these children, consistent with Section 4714, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c).

(D) The number of these children who are adopted before and after the act adding this section, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c).

(E) The number and levels of supplements requested pursuant to subparagraph (B) of paragraph (2) of subdivision (c).

(F) The number of appeals requested of the decision by counties to deny the request for the supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c).

(G) The total number and levels of supplements authorized pursuant to subparagraph (A) of paragraph (2) of subdivision (c) and the number of these supplements authorized upon appeal.

(i) The State Department of Social Services and the State Department of Developmental Services shall provide public transparency regarding implementation of this section through the annual posting of the data in paragraph (2) of subdivision (h) on their respective internet websites. Each department shall also maintain a link to the other department’s data on their respective internet websites.

(j) (1) Commencing January 1, 2012, and prior to July 1, 2017, the rate described in subdivision (c) shall be paid for an eligible nonminor dependent who is under 21 years of age, is receiving AFDC-FC or Kin-GAP benefits pursuant to Section 11403, and is a consumer of regional center services.

(2) Commencing July 1, 2017, the rate described in subdivision (c) shall be paid for an eligible nonminor dependent who is under 21 years of age, is receiving AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403, and is a consumer of regional center services.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 32. (AB 161) Effective July 2, 2024.)


text:
(a) If a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or, on or after July 1, 2017, Approved Relative Caregiver Funding Program (ARC) payments, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.

(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.

(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.

(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).

(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.

(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.

(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.

(5) (A) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act.

(B) Commencing July 1, 2026, the supplement described in subparagraph (A) shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453.

(d) (1) (A) Prior to July 1, 2017, and notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.

(B) On or after July 1, 2017, the payment made for care and supervision of a child who is living with a teen parent in a whole family foster home shall be the uniform rate developed pursuant to subdivision (c).

(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.

(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department.

(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while the dependent teen parent is placed in the whole family foster home.

(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:

(i) The plan has been completed and provided to the appropriate county agency.

(ii) The plan has been approved by the appropriate county agency.

(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.

(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.

(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.

(6) (A) On and after January 1, 2012, and prior to July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP benefits pursuant to Section 11403.

(B) On and after July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403.

(e) (1) Commencing January 1, 2022, the rate paid for a pregnant minor or nonminor dependent for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be an expectant parent payment used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.

(2) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the expectant parent payment. The payment shall be automated on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

(3) Prior to the automation of the expectant parent payment in the CalSAWS system, counties shall issue a single payment in one lump sum for an expectant minor or nonminor dependent equal to three times the monthly amount paid pursuant to subdivision (a). The payment shall be issued in the month that is three months prior to the expected due date, or as soon as the county agency becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy.

(4) The payment, or payments, made pursuant to this section shall not be prorated and overpayments shall not be established or collected.

history: (History: Amended by Stats. 2025, Ch. 143, Sec. 1. (AB 349) Effective January 1, 2026.)


text:
(a) Up to five counties selected by the department, and at the discretion of the counties, may implement a countywide program for licensed family homes and relative caregivers receiving payments under this chapter under which they may receive reimbursement for the cost of licensed child care for each foster child under 13 years of age in the care of the licensed family home or the relative caregiver, during any period that any of the following apply:

(1) The foster parent or relative caregiver is working outside the home.

(2) The foster parent or relative caregiver is participating in foster care training.

(3) The foster parent or relative caregiver is fulfilling necessary foster care-related administrative duties, such as conferences and judicial reviews that are not ordinarily parental duties.

(b) A foster family home shall only receive a reimbursement for child care that is provided by a licensed provider and if an agreement has been documented in the child’s case plan.

(c) The cost for reimbursements authorized by this section shall be shared equally between the state and the county. Funds appropriated pursuant to Chapter 6 (commencing with Section 17600) of Part 5 shall not be used to meet the county match requirement under this section.

(d) The department shall, in consultation with participating counties, establish rates of child care reimbursement under this section.

(e) Of the five counties to be selected, the department shall select, at minimum, one large county, one medium county, and one small county, based on population size if a county from each category submits a written expression of its desire to participate. In addition, the department shall give priority to any county that meets both of the following criteria:

(1) The county has experienced a net loss in the total number of licensed foster family homes.

(2) The county has demonstrated a deficit in the number of licensed foster family beds for the county’s population of foster children requiring out-of-home placement.

(f) Each participating county shall report to the department on an annual basis. The information to be reported to the department shall be determined by the department in consultation with the County Welfare Director’s Association. At a minimum, the annual report shall include the number of foster parents claiming a child care reimbursement, the number of children served under this section, and an analysis of the impact of the child care reimbursement on the recruitment and retention of licensed foster home providers. The department shall provide the appropriate policy and fiscal committees of the Legislature with a report of the use of child care pursuant to this section on or before June 30, 2003.

(g) The department may issue emergency regulations for the purpose of implementing this section.

history: (History: Added by Stats. 2000, Ch. 108, Sec. 43. Effective July 10, 2000.)


text:
For purposes of this section to Section 11469.3, inclusive, the following definitions apply:

(a) “Provider” shall mean a group home, short-term residential therapeutic program, a foster family agency, and similar foster care business entities.

(b) “Audit determination” has the same meaning as “audit finding.”

(c) “Financial audit” means an audit conducted by a qualified, independent certified public accountant with an audit designation engaged by the provider and submitted to the department for review.

(d) “Fiscal audit” means an audit conducted by the department pursuant to Part 200 (commencing with Section 200.0) of Chapter II of Subtitle A of Title 2 of the Code of Federal Regulations, as implemented by the United States Department of Health and Human Services in Part 75 (commencing with Section 75.1) of Subchapter A of Subtitle A of Title 45 of the Code of Federal Regulations, including uniform administrative requirements, cost principles, and audit requirements, as specifically implemented in Section 75.106 of Title 45 of the Code of Federal Regulations.

(e) “Performance audit” means an audit conducted by the department to assess provider compliance with performance standards and outcome measures as set forth in Sections 11469, 11469.1, 11469.2, and 11469.3.

(f) (1) “Program audit” means an audit conducted by the department of ongoing provider programs to determine whether the program is providing the level of services and maintaining the documentation to support the paid rate.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 33. (AB 161) Effective July 2, 2024.)


text:
(a) Commencing January 1, 2017, a provisional rate shall be set for both of the following providers:

(1) A new short-term residential therapeutic program provider.

(2) A new foster family agency provider.

(b) (1) The provisional rate shall be subject to terms and conditions, including the duration of the provisional period, set by the department.

(2) For a provider described in subdivision (a), a provisional rate may be granted for a period of up to 24 months from the date the provider’s license was issued.

(c) In determining whether to grant, and upon what conditions to grant, a provisional rate, the department shall consider factors including all of the following:

(1) Any licensing history for any license with which the program, or its directors or officers, have been associated.

(2) Any financial, fiscal, or compliance audit history with which the program, or its directors or officers, have been associated.

(3) Outstanding civil penalties or overpayments with which the program, or its directors or officers, have been associated.

(4) Any violations of state or federal law.

(d) In determining whether to continue, and upon what conditions to continue, a provisional rate, the department shall consider those factors specified in subdivision (c), as well as compliance with the terms, conditions, and requirements during the provisional period.

(e) In determining whether, at the end of the provisional rate period or thereafter, to grant a rate and whether to impose or continue, and upon what conditions to impose or continue, a probationary rate the department shall consider the factors specified in subdivision (c).

(f) The department shall establish an administrative review process for determinations, including denial, rate reduction, probation, and termination of the provisional and probationary rates. This process shall include a departmental review, corrective action, and a protest with the department. 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), this process shall be disseminated by written directive pending the promulgation of regulations.

(g) (1) (A) For the purposes of this section, a “provisional rate” is a prospective rate given to a provider described in subdivision (a) based on an assurance to perform in accordance with terms and conditions attached to the granting of the provisional rate.

(B) For the purposes of this section, a “probationary rate” is a rate upon which limitations and conditions are imposed as a result of violations of terms, conditions, or state or federal law, including those set forth in subdivisions (c) and (d).

(2) (A) At the conclusion of a provisional rate, a probationary rate may be imposed, at the discretion of the department, if additional oversight is deemed necessary based on the provider’s performance during the provisional rate period.

(B) At any time, a rate may become a probationary rate if additional oversight is deemed necessary based on the provider’s performance in accordance with terms and conditions attached to the granting or maintenance of its rate.

(C) A probationary rate may be accompanied by a rate reduction.

history: (History: Amended by Stats. 2024, Ch. 46, Sec. 34. (AB 161) Effective July 2, 2024.)