text:
(a) A county child welfare agency may establish a three-year pilot program in which the county partners with a domestic violence consultant from a domestic violence victim service organization, as defined in Section 1037.1 of the Evidence Code, to offer support and guidance to county social workers in addressing the complex dynamics of families who are potentially experiencing both domestic violence and child maltreatment in order to enhance the social worker’s knowledge of domestic violence and their ability to apply that knowledge to their work with parent survivors and their children through tailored engagement and intervention strategies. The consultant shall be a qualified domestic violence counselor, as defined in Section 1037.1 of the Evidence Code.

(b) Under the pilot program, the domestic violence consultant shall assist county social workers by doing, at a minimum, all of the following:

(1) Provide education on domestic violence-related dynamics and services.

(2) Discuss complicating factors, including, but not limited to, children witnessing or experiencing violence during domestic violence incidents, homelessness, and substance and alcohol use.

(3) Discuss protective measures, including, but not limited to, implementing safety plans or restraining orders to protect parent survivors and their children, and child removal from homes affected by domestic violence.

(4) Offer recommendations for accessing resources for families.

(5) Navigate law enforcement responses to reports of domestic violence.

(c) The domestic violence consultant may also provide direct support to parent survivors by facilitating shelter access, referring their children to therapy, and providing information on other resources.

(d) (1) If a county implements the pilot program pursuant to this section, the county shall conduct a comprehensive evaluation of the pilot program and report its findings to the Legislature on or before October 31, 2031. A participating county shall seek the input of the State Department of Social Services and stakeholders, including people with lived experience with domestic violence and child welfare, in the design and implementation of the evaluation. The report shall include, but not be limited to, all of the following:

(A) Data on each instance when safety plans or restraining orders were implemented in homes affected by domestic violence and the outcomes for each family utilizing protective measures.

(B) Data on the recommendations provided to families who were identified as needing to access resources and the outcomes of their use.

(C) Data on law enforcement responses to each report of domestic violence.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(e) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 381, Sec. 1. (AB 779) Effective January 1, 2026. Repealed as of January 1, 2032, by its own provisions)


kind: section

code: WIC

text:
(a) No social worker or probation officer acting as an officer of the court for purposes of this chapter shall, directly or indirectly, lobby for, act as a consultant to, enter into a business transaction with, acquire ownership of, or obtain a pecuniary interest in, any business, whether organized for profit or as a nonprofit entity, which has received any funds or income from court-ordered child welfare services.

(b) (1) Any public law enforcement agency or any private entity shall have standing to bring an action seeking a civil remedy pursuant to this section in any court of competent jurisdiction.

(2) Any person who violates this section shall be subject to any or all of the following remedies, as ordered by the court, in its discretion:

(A) Restitution of funds received in violation of this section.

(B) Statutory damages of not less than one thousand dollars ($1,000), not to exceed treble the amount of the funds received in violation of this section.

(C) Actual damages resulting from a violation of this section.

(D) Termination of the grant or contract.

(E) Reasonable attorney’s fees.

(F) Any other relief that the court deems proper.

(c) For purposes of this section, “court-ordered child welfare services” include those services ordered by the court pursuant to Sections 11450 and 16501 for a dependent or ward of the court.

history: (History: Amended by Stats. 1994, Ch. 146, Sec. 231. Effective January 1, 1995.)

division: 9. PUBLIC SOCIAL SERVICES

chapter: 5. State Child Welfare Services

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


text:
(a) Notwithstanding any other law or regulation, all foster children who are placed in group homes by county welfare departments or county probation departments shall be visited at least monthly by a county social worker or probation officer. Each monthly visit shall include a private discussion between the foster child and the county social worker or probation officer. The private discussion shall not be held in the presence or immediate vicinity of the group home staff. The social worker or probation officer shall advise the foster child that he or she has the right to request that the private discussion occur outside the group home. If a foster child requests to have the private discussion outside the group home, that private discussion shall not replace the visit in the group home. However, the social worker or probation officer shall not be required to schedule an additional visit to accommodate the request. The contents of the private discussion shall not be disclosed to the group home staff, except that the social worker or probation officer may disclose information under any of the following circumstances:

(1) The social worker or probation officer believes that the foster child may be in danger of harming himself or herself, or others.

(2) The social worker or probation officer believes that disclosure is necessary to meet the needs of the child.

(3) The child consents to disclosure of the information.

(b) The location of monthly visits for each foster child who is placed in a group home by a county welfare department or a county probation department shall comply with federal requirements as described in Section 624(f)(2)(A) of Title 42 of the United States Code. No more than two consecutive monthly visits may be held outside the residence of the foster child.

(c) If the visit does not occur in the place of residence, the social worker or probation officer shall document in the case file and in the court report the location of the visit and the reason for the visit occurring outside the place of residence.

(d) (1) Prior to the 2011–12 fiscal year, notwithstanding Section 10101, the state shall pay 100 percent of the nonfederal costs associated with the monthly visitation requirement in subdivision (a) in excess of the minimum semiannual visits required under current regulations.

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

history: (History: Amended by Stats. 2013, Ch. 492, Sec. 1. (SB 342) Effective January 1, 2014.)


text:
(a) When a county social worker or probation officer makes a regular visit with a child in any licensed, certified, or approved foster home, the regular visit shall include a private discussion between the foster child and the social worker or probation officer. The private discussion shall not be held in the presence or immediate vicinity of the foster parent or caregiver. The social worker or probation officer shall advise the foster child that he or she has the right to request that the private discussion occur outside the foster home. If a foster child requests to have the private discussion outside the foster home, that private discussion shall not replace the visit in the foster home. However, the social worker or probation officer shall not be required to schedule an additional visit to accommodate the request. The contents of the private discussion shall not be disclosed to the foster parent or caregiver, except that the social worker or probation officer may disclose information under any of the following circumstances:

(1) The social worker or probation officer believes that the foster child may be in danger of harming himself or herself, or others.

(2) The social worker or probation officer believes that disclosure is necessary to meet the needs of the child.

(3) The child consents to disclosure of the information.

(b) The location of monthly visits for each foster child who is placed in a licensed, certified, or approved foster home by a county welfare department or a county probation department shall comply with federal requirements as described in Section 624(f)(2)(A) of Title 42 of the United States Code. No more than two consecutive monthly visits may be held outside the residence of the foster child.

(c) If the visit does not occur in the place of residence, the social worker or probation officer shall document in the case file and in the court report the location of the visit and the reason for the visit occurring outside the place of residence.

history: (History: Amended by Stats. 2013, Ch. 492, Sec. 2. (SB 342) Effective January 1, 2014.)


text:
(a) (1) It is the intent of the Legislature to accomplish both of the following:

(A) To prevent the unnecessary separation of children from their families because of homelessness or the lack of shelter.

(B) To assist in the reunification of foster children and their families when housing remains a problem.

(2) Through the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), housing assistance may be made available to families eligible for assistance under this program.

(b) (1) For the purposes of the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), the county department of social services is designated “the public child welfare agency.”

(2) If a county chooses to participate in the Section 8 housing certificate program, all of the following shall occur:

(A) The county department of social services shall make the determination, pursuant to Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625), that an eligible child is at imminent risk of placement in out-of-home care or that an eligible child in out-of-home care under its supervision may be returned to his or her family.

(B) The county department of social services shall certify an eligible family as one for which the lack of adequate housing is a primary factor in the imminent placement of the family’s child or children in out-of-home care or in the delayed discharge of a child or children to the family from out-of-home care.

(C) The county department of social services shall transmit, in writing, its certification pursuant to subparagraph (B) to the local public housing agency responsible, pursuant to Section 34327.3 of the Health and Safety Code, for administering assistance under the Section 8 housing certificate program.

(c) As used in this section, “Section 8” means Section 8 of the United States Housing Act of 1937 (Sec. 1437 et seq., Title 42, U.S.C.).

(d) The State Department of Social Services may, upon the request of a local public entity, provide technical assistance for the purpose of developing applications and plans from the local public entity for federal funding under the Section 8 housing certificate program created by Section 553 of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625).

(e) The State Department of Social Services is authorized to adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to implement the purposes of this section.

history: (History: Added by Stats. 1992, Ch. 292, Sec. 3. Effective July 23, 1992.)


text:
(a) A social worker or probation officer acting as an officer of the court shall not make an out-of-home placement of a dependent or ward of the court pursuant to this chapter with any of the following:

(1) A relative of the social worker or probation officer responsible for the placement of the child.

(2) The spouse of a relative described in paragraph (1).

(b) A social worker or probation officer acting as an officer of the court shall not receive compensation for the out-of-home placement of a dependent or ward of the court other than the compensation received as an employee of the county or the state.

history: (History: Added by renumbering Section 16517 (as added by Stats. 1992, Ch. 497, Sec. 2) by Stats. 2015, Ch. 303, Sec. 631. (AB 731) Effective January 1, 2016.)


text: The State Department of Social Services, in consultation with county placement agencies, foster care providers, and other interested community parties, shall establish criteria to be used for conducting a comprehensive home study of a licensed or foster parent that evaluates the ability, readiness, and willingness of the licensed foster parent to meet the varying needs of children. The department shall consult with the Task Force on Accreditation of Services for Children established pursuant to Section 1565 of the Health and Safety Code, and shall, as appropriate, consider the accreditation standards that are included in the accreditation plan when developing the home study criteria. The home study criteria developed pursuant to this section shall become operative at such time as the regulations adopted pursuant to Section 1521.6 of the Health and Safety Code are filed with the Secretary of State.

history: (History: Amended by Stats. 2022, Ch. 967, Sec. 3. (AB 2466) Effective January 1, 2023.)


text: When placing foster children, the placing agency shall not decline to place a child with a resource family because of a resource family parent’s actual or perceived sexual orientation, gender identity, or gender expression.

history: (History: Added by Stats. 2022, Ch. 967, Sec. 4. (AB 2466) Effective January 1, 2023.)


text:
The Legislature finds and declares the following:

(a) Safety, permanency, and well-being are crucial for the more than 82,000 California children in foster care, and are paramount to achieving both federal and state child welfare system improvement goals. Foster children need safe homes with permanent connections to family or other caring adults. The current licensing and approval system, which screens families to care for foster children, fails to support these outcomes.

(b) Children in foster care live in a variety of out-of-home care settings: licensed foster family homes, approved relative and nonrelative extended family member homes, foster family agencies, and group homes. All of these placement types, considered facilities under current law, are required to meet the respective health and safety standards in order to be licensed or approved. This has produced administrative inefficiencies and confusion among stakeholders, and has contributed to difficulty in recruiting suitable foster family homes for children in out-of-home care. Increasing the number of available suitable homes will improve the likelihood that the best home will be initially identified to meet a child’s particular needs.

(c) Child safety and well-being are not achieved solely by ensuring that the home the child is placed in is free from physical hazards and that adults living in the home do not have disqualifying criminal convictions or past reports of child abuse. Child safety and well-being are also dependent upon consideration of the resource family’s psychosocial history that includes physical health, mental health, alcohol and substance abuse, family violence or abuse, and experience caring for children.

(d) Research shows that children in out-of-home care placed with relatives and nonrelative extended family members are more stable, more likely to be placed with siblings, and more likely to stay connected to their community and extended family. California statutory and regulatory provisions should maximize the likelihood that a child will initially be placed in the care of a safe relative or nonrelative extended family member who is willing to provide permanent care if reunification cannot be achieved.

(e) Families living in the same neighborhood as a family from which a child has been removed are often best suited to provide for the immediate placement needs of that child.

(f) Families who provide care to children in out-of-home placement are a valuable resource to the people of this state and to the children for whom they provide care.

history: (History: Added by Stats. 2007, Ch. 464, Sec. 2. Effective January 1, 2008.)


text:
(a) Notwithstanding any other law and no later than January 1, 2027, the department shall adopt a simplified approval process for relative caregivers consistent with the definition of foster family homes for the purposes of Title IV-E eligibility in Section 1355.20 of Title 45 of the Code of Federal Regulations. The simplified approval process for relative and kinship caregivers shall be implemented only if and to the extent that federal financial participation is available and after necessary federal approval of state plan amendments has been obtained.

(b) The department may convene government-to-government consultation with tribes and communicate with other interested individuals and organizations to develop a simplified approval process for relative and kinship caregivers that achieves the goals of safety, permanency, and well-being for children in out-of-home care. The communication may include seeking feedback from relative and kinship caregivers, foster youth, county child welfare and probation agencies, foster family agencies, tribes, tribal organizations, tribal consortia, and other interested community partners.

(c) (1) For purposes of this section, “relative” has the same meaning as defined in subdivision (m) of Section 11400, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1.

(2) The department shall consider using a broader definition of “relative” that includes nonrelative extended family members, as defined in subdivision (n) of Section 11400.

history: (History: Added by Stats. 2024, Ch. 417, Sec. 2. (AB 2830) Effective January 1, 2025.)

article: 2. Resource Family Approval Program

path: 9. PUBLIC SOCIAL SERVICES > 5. State Child Welfare Services > 2. Resource Family Approval Program


text:
(a) Upon implementation of a simplified approval process adopted pursuant to Section 16519.3, and no later than 18 months after implementation, the department shall track and report to the Legislature all of the following to the extent that the requested data can be tracked in the statewide child welfare information system:

(1) The average length of time required for an applicant who had placement prior to approval to receive resource family approval, and whether the average length of time has increased, decreased, or remained the same over time, after January 1, 2023.

(2) Whether the placement of children or youth with relatives has increased, decreased, or remained the same over time, after January 1, 2023.

(3) What, if any, barriers exist that affect implementation of the simplified approval process described in Section 16519.3.

(b) On or before September 30, 2026, the department shall report to the Legislature for consideration the additional statutory changes required to fully implement separate resource family approval standards for relative caregivers.

(c) (1) The report to be submitted pursuant to subdivision (a) and the report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on June 30, 2030, and, as of January 1, 2031, is repealed.

history: (History: Added by Stats. 2024, Ch. 417, Sec. 3. (AB 2830) Effective January 1, 2025. Inoperative June 30, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)

article: 2. Resource Family Approval Program


text:
(a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.

(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.

(2) Additional counties may participate in the early implementation of the program upon authorization by the department.

(3) The State Department of Social Services shall be responsible for all of the following:

(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.

(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.

(C) Entering into terms and conditions for early implementation participation in the program by counties.

(4) Counties participating in the early implementation of the program shall be responsible for all of the following:

(A) Submitting an implementation plan.

(B) Entering into terms and conditions for early implementation participation in the program.

(C) Consulting with the county probation department in the development of the implementation plan.

(D) Training appropriate staff.

(E) Accepting applications from resource families within the timeframes established by the department.

(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.

(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.

(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.

(7) This subdivision is inoperative on January 1, 2017.

(c) (1) For purposes of this article, “resource family” means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:

(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.

(B) An understanding of children’s needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.

(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency, birth family, as appropriate, other resource families, and other service providers in implementing the child’s case plan and supporting transitions in placement settings or permanency.

(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.

(E) An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.

(F) An ability and willingness to meet the needs of the child regardless of the child’s sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.

(2) For purposes of this article, and unless otherwise specified, references to a “child” include a “nonminor dependent” and “nonminor former dependent or ward,” as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.

(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.

(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.

(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.

(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child’s placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.

(iii) In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.

(5) For purposes of this article, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.

(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.

(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.

(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.

(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.

(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.

(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.

(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:

(i) The effective date of a final decision or order upholding a notice of action or exclusion order.

(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.

(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.

(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.

(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.

(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.

(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.

(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.

(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:

(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.

(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.

(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).

(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.

(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource family’s home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource family’s home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.

(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.

(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.

(B) A home and grounds evaluation to ensure the health and safety of children.

(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:

(i) That the applicant demonstrates an understanding of the rights of children in care and the applicant’s responsibility to safeguard those rights.

(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child’s case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.

(iii) That the applicant understands the applicant’s responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.

(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:

(A) Caregiver training, as described in subdivisions (g) and (h).

(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicant’s personal history, family dynamic, and need for support or resources, and a risk assessment.

(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family member’s expressed desire to only care for a specific child or children shall not be a reason to deny the approval.

(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).

(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.

(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.

(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.

(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.

(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.

(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.

(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the child’s placement in the home, unless good cause exists.

(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.

(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.

(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a child’s placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.

(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.

(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.

(5) This section does not limit the county’s authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.

(6) This subdivision does not limit the county’s obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.

(f) The State Department of Social Services shall be responsible for all of the following:

(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.

(2) Approving and requiring the use of a single standard for resource family approval.

(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.

(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.

(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:

(A) Investigating complaints regarding resource families.

(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.

(6) Ongoing oversight and monitoring of county systems and operations including all of the following:

(A) Reviewing the county’s implementation plan and implementation of the program.

(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.

(i) The review shall include case file documentation and may include onsite inspection of individual resource families.

(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.

(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.

(D) Investigating unresolved complaints against counties.

(E) Requiring corrective action of counties that are not in full compliance with this section.

(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.

(8) Implementing due process procedures, including, but not limited to, all of the following:

(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.

(B) Providing an excluded individual with due process pursuant to Section 16519.6.

(C) Amending the department’s applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.

(g) Counties shall be responsible for all of the following:

(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.

(2) Complying with the written directives or regulations adopted pursuant to this section.

(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.

(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.

(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:

(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicant’s capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.

(II) The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.

(ii) Rescinding approvals of resource families.

(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.

(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.

(v) Granting, denying, or rescinding criminal record exemptions.

(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.

(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.

(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource family’s circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.

(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.

(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.

(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.

(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.

(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.

(B) The child’s social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.

(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.

(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.

(9) Performing corrective action as required by the department.

(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.

(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).

(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.

(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:

(A) An overview of the child protective and probation systems.

(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster care.

(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.

(F) The rights of a child in foster care and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.

(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.

(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.

(I) Permanence, well-being, and education needs of children.

(J) Child and adolescent development, including sexual orientation, gender identity, and expression.

(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, other resource families, and other service providers implementing the case plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.

(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.

(M) A resource family’s responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.

(N) An overview of the specialized training identified in subdivision (h).

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

(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, “information” may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.

(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).

(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.

(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.

(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.

(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.

(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).

(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:

(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.

(ii) Harm reduction.

(iii) Trauma-informed care.

(iv) Available county and state resources.

(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.

(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.

(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).

(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.

(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:

(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.

(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.

(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.

(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.

(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.

(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.

(7) Understanding the different permanency options and the services and benefits associated with the options.

(i) This section does not preclude a county from requiring training in excess of the requirements in this section.

(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).

(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individual’s subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.

(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.

(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the family’s circumstances or family evaluation.

(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.

(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the child’s assessed level of care.

(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.

(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.

(o) Except as provided, resource families shall be exempt from both of the following:

(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.

(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.

(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.

(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.

(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.

(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.

(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.

(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.

(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.

(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:

(A) A detailed description of the resource family approval program.

(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.

(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).

(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:

(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.

(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.

(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.

(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.

(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.

(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.

(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.

(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:

(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.

(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.

(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.

(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.

(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.

(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.

(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.

(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.

(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.

(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.

(5) This subdivision is inoperative on January 1, 2017.

(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.

(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.

history: (History: Amended by Stats. 2025, Ch. 564, Sec. 5. (AB 896) Effective January 1, 2026.)

article: 2. Resource Family Approval Program


text:
(a) A hearing conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section and the written directives or regulations adopted pursuant to Section 16519.5.

(b) For a resource family hearing held at the department’s State Hearings Division, the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 shall apply, except as otherwise provided in this section.

(c) (1) For a resource family hearing held at the Office of Administrative Hearings, the procedures set forth in the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code) shall apply, except as otherwise provided in this article.

(2) For purposes of the administrative action procedures set forth in this article, “agency” means a county or the department according to the authority to take action provided in subdivisions (f) and (g) of Section 16519.5, except that “agency” shall mean the department for purposes of a decision or a posthearing procedure, as provided in Sections 11517 to 11522, inclusive, of the Government Code.

(d) (1) Notwithstanding the time to appeal set forth in Section 10951 of this code and Section 1558 of the Health and Safety Code, an applicant for approval or for a criminal record exemption may file a written appeal within 90 days of service of a notice of action, and a resource family, excluded individual, or individual who is the subject of a criminal record exemption rescission may file a written appeal within 25 days of service of a notice of action or exclusion order.

(2) Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action or exclusion order is served by mail, the time to respond shall be extended five days.

(3) If different appeal timelines apply to a matter as a result of multiple actions filed against a respondent, the following shall apply:

(A) A county or the department, as applicable, shall accept an appeal to one action as an appeal to all of the actions against the same respondent, if requested to do so by the respondent.

(B) If an action for rescission of approval, criminal record exemption rescission, or exclusion includes an action for application denial, the applicable appeal timeline for a rescission of approval, criminal record exemption rescission, or exclusion specified in paragraph (1) shall also apply to the action for application denial.

(4) This section does not impede or extend jurisdiction as set forth in the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).

(e) (1) Notwithstanding Section 10951, and except as provided in subdivision (m), a county’s action shall be final, or for matters set before the State Hearings Division, an appeal shall be subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission does not file an appeal to the notice of action or exclusion order within the prescribed time, withdraws the appeal, or fails to appear at the hearing without good cause.

(2) Notwithstanding paragraph (1), a resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission shall be entitled to a hearing pursuant to Section 16519.5 if they file the appeal no more than 30 calendar days after the due date for the appeal, as specified in subdivision (d), and the person provides good cause for the late filing of the appeal. Good cause shall be determined by the department in an administrative review procedure set forth in the written directives or regulations adopted pursuant to Section 16519.5. The department shall not grant a late appeal for good cause if the appeal is filed more than 30 calendar days after the due date for the appeal, as specified in subdivision (d).

(3) For purposes of this subdivision, the following definitions apply:

(A) “Good cause” for the late filing of an appeal means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party filing the appeal, and the potential prejudice to the other party.

(B) “Good cause” for failure to appear at the hearing shall be as defined by the department in the written directives or regulations adopted pursuant to Section 16519.5.

(C) The inability of a person to understand an adequate and language-compliant notice, in and of itself, does not constitute good cause.

(4) This section does not preclude the application of the principles of equity jurisdiction as otherwise provided by law.

(f) Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section, notwithstanding any time waiver, shall be held within 90 days following the receipt of a timely appeal for matters to be set before the State Hearings Division or within 90 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings, unless a continuance or postponement of the hearing is granted for good cause.

(g) (1) The department may exclude a resource family parent, applicant, or other individual from presence in any resource family home, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified or approved by a licensed foster family agency, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the department, for any of the reasons set forth in Section 16519.61.

(2) The department may issue an exclusion order requiring the immediate removal of an individual if, in the opinion of the department, the action is necessary to protect a child from physical or mental abuse, abandonment, or any other substantial threat to the child’s health or safety. If the department has issued an immediate exclusion order, the timelines for the service of an accusation, conducting a hearing, and for a final determination set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.

(3) A resource family’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for taking action against the resource family’s approval pursuant to Section 16519.61.

(4) An exclusion order that was effective prior to the implementation of the resource family approval program and conversion of licensed foster family homes and certified family homes to resource families shall be deemed to exclude the individual from presence in any resource family home.

(5) (A) An exclusion shall be for the remainder of the excluded person’s life, unless otherwise ordered by the department, or as prescribed in Section 1558.1 of the Health and Safety Code.

(B) Pursuant to Section 11522 of the Government Code, the excluded individual may petition for reinstatement to the department after one year has elapsed from the effective date of an exclusion order that was not appealed or the effective date of a decision and order by the department upholding an exclusion order. The department shall provide the excluded person a copy of Section 11522 of the Government Code with the exclusion order and decision and order.

(C) A temporary exclusion of an individual following a county’s denial of an application for resource family approval, rescission of approval, or denial or rescission of a criminal record exemption, shall only be imposed as set forth in the written directives or regulations adopted by the department pursuant to Section 16519.5.

(6) For purposes of this subdivision, a “facility licensed by the department” means a facility licensed pursuant to Chapter 3 (commencing with Section 1500) of, Chapter 3.01 (commencing with Section 1568.01) of, Chapter 3.2 (commencing with Section 1569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, or Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code.

(h) If a county or the department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal for matters to be set before the State Hearings Division, or within 30 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings. The temporary suspension order shall remain in effect until the time the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.

(i) A county and the department may coordinate the filing of actions, file consolidated pleadings, or file a motion to consolidate multiple actions if a matter involves both a county and department action.

(j) A resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission who files an appeal to a notice of action or exclusion order pursuant to this section shall, as part of the appeal, provide their current mailing address. The resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission shall subsequently notify the county, and the excluded individual shall notify the department, in writing of any change in mailing address, until the hearing process has been completed or terminated.

(k) Service by mail of a notice or other writing on a resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission in a procedure pursuant to this section is effective if served to the last mailing address on file with the county or department. Service of a notice of action shall be by personal service or by first-class mail, and service of an exclusion order shall be by personal service or registered mail. If the last day for performance of any required action falls on a holiday, then the period shall be extended to the next day which is not a holiday.

(l) In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.

(m) (1) A county or the department may institute or continue an administrative proceeding against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission upon any ground provided by this section or Section 16519.61, enter an order denying an application or rescinding the approval of a resource family, exclude an individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency.

(2) The department may institute or continue an administrative proceeding against an excluded individual upon any ground provided by this section or Section 16519.61, enter an order to exclude an individual, or otherwise take disciplinary action against an excluded individual, notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency.

(n) (1) Notwithstanding Sections 11425.10 and 11425.20 of the Government Code, a proceeding conducted pursuant to this section shall be confidential and not open to the public in order to preserve the confidential information of a child or resource family consistent with the confidentiality requirements in Sections 827, 10850, and 16519.55 of this code, Section 1536 of the Health and Safety Code, and Section 11167.5 of the Penal Code. Notwithstanding this requirement, an administrative law judge may admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis and with any admonishments, limitations, and protective orders as may be necessary to preserve the confidential nature of the proceedings.

(2) Except as otherwise required by law, in any writ of mandate proceeding related to an issue arising out of this article, the name, identifying information, or confidential information of a child as described in Sections 827, 10850, and 16519.55, and Section 11167.5 of the Penal Code, shall not be disclosed in a public document and a protective order shall be issued by the court in order to protect the confidential information of a child.

history: (History: Amended by Stats. 2021, Ch. 288, Sec. 6. (AB 1283) Effective January 1, 2022.)

article: 2. Resource Family Approval Program


text: The training requirements of subparagraph (I) of paragraph (13) of subdivision (g) of Section 16519.5 shall include training on the importance of the caregiver’s role in education, educational protections specific to foster youth under state and federal law, and the rights and obligations of caregivers to access and maintain educational and health information, including the requirements under Sections 49069.3, 49076, and 56055 of the Education Code and Section 16010 of this code.

history: (History: Added by Stats. 2017, Ch. 829, Sec. 12. (SB 233) Effective January 1, 2018.)

article: 2. Resource Family Approval Program


text:
(a) A person shall not incur civil liability as a result of a county notifying the department of its determination to rescind the approval of a resource family due to any of the following actions by a resource family parent:

(1) Violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law.

(2) Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law.

(3) Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the state of California.

(4) The conviction of the applicant or resource family parent at any time before or during his or her approval of a crime described in Section 1522.

(5) Knowingly allowing any child to have illegal drugs, alcohol, or any tobacco product as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

(6) Committing an act of child abuse or neglect or an act of violence against another person.

(b) The department or a county shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation of an application for approval of a resource family.

history: (History: Repealed and added by Stats. 2016, Ch. 612, Sec. 121. (AB 1997) Effective January 1, 2017.)

article: 2. Resource Family Approval Program


text:
(a) A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.

(b) As used in this section, “delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the home for longer than 30 seconds.

(c) Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.

(d) Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:

(1) The person shall have a developmental disability, as defined in Section 4512.

(2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).

(3) An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.

(e) The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.

(f) The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.

(g) The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.

(h) The plan shall include, but shall not be limited to, all of the following:

(1) A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.

(2) A description of how the resource family will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504.

(3) A description of how the resource family will manage the person’s lack of hazard awareness and impulse control behavior.

(4) A description of the resource family’s emergency evacuation procedures.

(i) Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.

(j) Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.

history: (History: Added by Stats. 2015, Ch. 773, Sec. 112. (AB 403) Effective January 1, 2016.)

article: 2. Resource Family Approval Program


text:
(a) A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.

(b) A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a child’s physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.

history: (History: Added by Stats. 2015, Ch. 773, Sec. 113. (AB 403) Effective January 1, 2016.)

article: 2. Resource Family Approval Program


text: Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).

history: (History: Added by Stats. 2015, Ch. 773, Sec. 114. (AB 403) Effective January 1, 2016.)

article: 2. Resource Family Approval Program


text:
(a) Subject to subdivision (d), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.

(b) The application form signed by a resource family applicant of a county shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.

(c) (1) Before approving a resource family, a county may conduct a reference check of the applicant to determine whether it is safe and appropriate for the county to approve the applicant to be a resource family by contacting the following:

(A) Any foster family agencies that have certified the applicant.

(B) Any state or county licensing offices that have licensed the applicant as a foster family home.

(C) Any counties that have approved the applicant as a relative or nonrelative extended family member.

(D) Any foster family agencies or counties that have approved the applicant as a resource family.

(E) Any state licensing offices that have licensed the applicant as a community care facility, child daycare center, or family child care home.

(F) Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.

(2) Notwithstanding subdivision (d), within 20 business days of being contacted by a county, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the county that is conducting a reference check.

(d) The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.

(e) For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 460. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 2. Resource Family Approval Program


text:
(a) (1) A county shall place a resource family on inactive status upon notification by the resource family in accordance with this section and the written directives or regulations adopted by the department pursuant to Section 16519.5.

(2) For purposes of this section, and notwithstanding Section 16519.5, “inactive status” means a period of time during which a resource family is not eligible to provide foster care for a child and is not subject to an approval update.

(b) The written directives or regulations adopted by the department pursuant to Section 16519.5 shall include, but not be limited to, all of the following:

(1) The method by which a resource family shall notify a county of the following:

(A) A request to be placed on inactive status.

(B) A request to end inactive status.

(2) The actions to be taken by a county to end an inactive status.

(3) Any time limitations on inactive status.

(4) The circumstances under which a county shall conduct inspections of the home of a resource family during a period of inactive status.

(c) A resource family shall maintain all approval standards required by Section 16519.5 upon ending inactive status.

(d) This section does not limit the authority of the department to institute or continue an administrative action against a resource family or any individual residing or regularly present in the home of a resource family during a period of inactive status.

history: (History: Added by Stats. 2017, Ch. 732, Sec. 104. (AB 404) Effective January 1, 2018.)

article: 2. Resource Family Approval Program


text:
(a) Notwithstanding any other law, a resource family who has had a child either placed with them pursuant to order of the juvenile court or voluntarily placed with them by the person or persons having legal custody of the child, may give the same legal consent for that child as a parent, except for the following:

(1) Marriage.

(2) Entry into the Armed Forces of the United States.

(3) Medical and dental treatment, except that consent may be given for ordinary medical and dental treatment for the child, including, but not limited to, immunizations, physical examinations, and X-rays.

(4) Educational decisions that are required to be made by a child’s educational rights holder.

(5) If the child is voluntarily placed by the parent or parents, those items as are agreed to in writing by the parties to the placement.

(b) This section does not apply to any situation in which a juvenile court order expressly reserves the right to consent to those activities to the court.

history: (History: Added by Stats. 2017, Ch. 732, Sec. 105. (AB 404) Effective January 1, 2018.)

article: 2. Resource Family Approval Program