20250AB__247898AMD INTRODUCED 2026-02-20 AMENDED_SENATE 2026-06-16 2025 AB AMD Introduced by Assembly Members Schultz and Solache (Coauthor: Assembly Member Castillo) LEAD_AUTHOR ASSEMBLY Schultz LEAD_AUTHOR ASSEMBLY Solache COAUTHOR ASSEMBLY Castillo

An act to amend Sections 49069.3, 49076, 56055, and 56155.5 of the Education Code, to amend Sections 6552, 8609, 8704.5, 8708, 9201, and 9203.1 of the Family Code, to amend Sections 7930.165, 7930.190, and 30029.7 of the Government Code, to amend Sections 1501.1, 1502, 1505, 1506, 1506.1, 1506.5, 1506.9, 1507.25, 1517, 1517.2, 1517.3, 1520, 1520.3, 1522, 1522.08, 1522.1, 1522.4, 1522.44, 1523.1, 1524, 1524.01, 1527, 1527.1, 1527.2, 1527.4, 1527.5, 1530.5, 1530.7, 1536, 1536.2, 1538, 1558, 1559.110, 1568.26, and of, and to repeal Sections 1506.6, 1506.7, 1506.8, and 1517.1 of, the Health and Safety Code, to amend

Section 676.7 of the Insurance Code, to amend Sections 11105.2, 11165.7, 11167.5, 11170 of the Penal Code, to amend Sections and of the Probate Code, and to amend Sections 224.1, 291, 293, 294, 295, 309, 319, 361, 361.2, 361.4, 361.45, 362.04, 366.1, 366.3, 366.31, 628, 706.5, 706.6, 727, 727.05, 727.12, 727.4, 827, 4684, 10553.12, 10952.5, 11362, 11363, 11386, 11391, 11400, 11402, 11461, 11461.3, 11461.36, 11461.6, 11462, 11462.01, 11463, 16003.5, 16119, 16161, 16501.01, 16501.02, 16501.1, 16507.5, 16514, 16519, 16519.3, 16519.5, 16519.501, 16519.502, 16519.51, 16519.52, 16519.53, 16519.54, 16519.55, 16519.555, 16519.56, 16519.57, 16519.6, 16521.6, 16563, 16565, 17710, 17730, 17731, 17736, and of, and to amend the heading of

Article 2 (commencing with

Section 16519.3) of

Chapter of Part of Division of, and to add Sections 16519.605 and 16519.615 to, and to repeal and add

Section 16519.4 of, the Welfare and Institutions Code, relating to foster care. foster care Kinship family approval.

(1) Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process, and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, 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.

Existing law requires the State Department of Social Services, on or before January 1, 2027, to adopt a simplified approval process for relative caregivers, as specified. Existing law conditions implementation of the simplified approval process upon federal financial participation and approval, as specified.

This bill would, among other things, require the department to, on or before January 1, 2028, adopt a kinship family approval process to approve a relative, nonrelative extended family member, or extended family member of an Indian child to be a kinship family, which the bill defines as an individual or family who has successfully met the home environment assessment and family engagement standards, as specified, necessary for providing care for a child placed by a county child welfare department or a probation department by court order or voluntarily placed by a parent or legal guardian.

The bill would require counties to ensure relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, the resource family approval process, and in the case of an Indian child, a tribally approved home. The bill would also make technical, conforming changes to make provisions that are applicable to resource families also applicable to kinship families, and delete obsolete provisions.

By imposing duties on counties relating to the approval of, and placement of children with, kinship families, this bill would impose a state-mandated local program. The bill would make certain personal identifying information, written evaluation reports, and court proceedings relating to kinship families confidential, except as specified.

The bill would require the application form signed by a kinship family applicant to 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, and makes 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. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

(2) Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement.

Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member after a criminal records check, among other things, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement.

Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child.

This bill would additionally authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child.

(3) Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law, and requires access to be granted to a list of specified persons and entities, including, among others, a parent or a caregiver, who have direct responsibility for the care of the pupil. This bill would add a kinship family, as defined, to the list of persons and entities required to be granted access to pupil records. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.

(4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 49069.3 of the Education Code is amended to read: 49069.3. (

a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code, or a resource family, as defined in

Section of the Health and Safety Code and

Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to

Chapter 4 (commencing with

Section 56300) of Part or any plan adopted pursuant to

Section of the federal Rehabilitation Act of 1973 (29 U.S.C.

Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in

Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this

section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to

Section 319, 361, or of the Welfare and Institutions Code. (

b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (

a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by

Section of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs. (c)

(1) If direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil’s educational rights holder shall notify the pupil’s educational rights holder of any educational needs of the pupil that require the educational rights holder’s consent or participation, including, but not limited to, school placement decisions, decisions on whether to invoke or waive school of origin rights, consent for special education assessments and individualized education programs, meetings or hearings regarding attendance or discipline, and decisions regarding graduation.

In instances involving significant discipline or that potentially impact a pupil’s continued enrollment and progress in school, the caregiver shall also provide the same information to the pupil’s social worker as is provided to the educational rights holder.

(2) If direct communication between a caregiver and an educational rights holder is inappropriate, the pupil’s social worker shall direct the caregiver to communicate the information specified in paragraph (1) with the pupil’s social worker or attorney instead of the educational rights holder.

(3) Nothing in this subdivision affects the responsibilities of a placement agency with regard to the education of a pupil.

(4) This subdivision shall not be construed to alter or increase a social worker’s or attorney’s decisionmaking rights and responsibilities regarding a pupil. (

d) Nothing in this

section affects the duties of a local educational agency related to informing and involving educational rights holders in educational decisions affecting the child.

SEC. 2.

Section of the Education Code is amended to read: 49076. (

a) A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this

section and as permitted by

Part 99 (commencing with

Section 99.1) of Title of the Code of Federal Regulations.

(1) Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following: (

A) School officials and employees of the school district, members of a school attendance review board appointed pursuant to

Section who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record. (

B) Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in

Section 49068. (

C) Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Education’s Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of

Section 99.35 of Title of the Code of Federal Regulations. (

D) Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974. (

E) Parents of a pupil years of age or older who is a dependent as defined in

Section of Title of the United States Code. (

F) A pupil years of age or older or having completed the 10th grade. (

G) A district attorney who is participating in or conducting a truancy mediation program pursuant to

Section 48263.5 of this code or

Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to

Section of the Welfare and Institutions Code. (

H) A district attorney’s office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with

Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with

Section 48400)). (I) (

i) A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation. (ii) For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of

Section 99.31(a)(5)(

i) of Title of the Code of Federal Regulations. (iii) Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in

Section of the Welfare and Institutions Code. (

J) A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to

Section of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within hours of the release of the information. (

K) A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in

Section 99.35 of Title of the Code of Federal Regulations. (

L) A pupil years of age or older who meets both of the following criteria: (

i) The pupil is a homeless child or youth, as defined in paragraph (2) of

Section of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11434a(2)). (ii) The pupil is an unaccompanied youth, as defined in paragraph (6) of

Section of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11434a(6)). (

M) An individual who completes items to 4, inclusive, of the Caregiver’s Authorization Affidavit, as provided in

Section of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school. (N) (

i) An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in

Section 450b of Title of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil. (ii) The agency or organization specified in clause (

i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupil’s educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C.

Sec. 1232g), state law, including paragraph (3), and tribal law. (

O) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code, or a resource family, as defined in

Section of the Health and Safety Code and

Section 16519.5 of the Welfare and Institutions Code, pursuant to

Section 49069.3 of this code.

(2) School districts may release information from pupil records to the following: (

A) Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in

Section 99.32(a)(5) of Title of the Code of Federal Regulations. (

B) Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupil’s parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. (

C) Pursuant to

Section 99.37 of Title of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency. (

D) Accrediting associations in order to carry out their accrediting functions. (

E) Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with

Section 99.31(a)(6) of Title of the Code of Federal Regulations. (

F) Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in

Section and in compliance with the requirements in

Section 99.34 of Title of the Code of Federal Regulations. This information shall be in addition to the pupil’s permanent record transferred pursuant to

Section 49068. (G) (

i) A contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant. (ii) Notwithstanding the authorization in

Section 99.31(a)(1)(i)(

B) of Title of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.

(3) A person, persons, agency, or organization permitted access to pupil records pursuant to this

section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C.

Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupil’s parent. This paragraph shall not require prior parental consent when information obtained pursuant to this

section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to

Section 99.31(a)(1) of Title of the Code of Federal Regulations.

(4) Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met: (

A) Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system. (

B) Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure. (

C) Each school district shall comply with the access log requirements of

Section 49064. (

D) The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data. (

E) An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation. (

b) The officials and authorities to whom pupil records are disclosed pursuant to subdivision (

e) of

Section and subparagraph (

I) of paragraph (1) of subdivision (

a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C.

Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil’s educational rights. (c)

(1) A person or party who is not permitted access to pupil records pursuant to subdivision (

a) or (

b) may request access to pupil records as provided for in paragraph (2).

(2) A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupil’s parent or guardian pursuant to

Section 99.31(

b) of Title of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupil’s identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information.

SEC. 3.

Section of the Education Code is amended to read: 56055. (a)

(1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to,

Section 300.30 of Title of the Code of Federal Regulations, the rights related to their foster child’s education that a parent has under Title 20 (commencing with

Section 1400) of the United States Code and pursuant to

Part 300 (commencing with

Section 300.1) of Title of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child.

Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes.

(2) A foster parent exercising rights relative to a foster child under this

section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services. (

b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a). (

c) This

section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (5) of subdivision (

g) of

Section 366.21,

Section 366.22,

Section 366.26, or paragraph (5) or (6) of subdivision (

b) of

Section 727.3 of the Welfare and Institutions Code. (

d) For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended family member, as defined in

Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent, a kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in

Section of the Health and Safety Code and

Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement.

SEC.

Section 56155.5 of the Education Code is amended to read: 56155.5. (

a) As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide nonmedical care to children, including, but not limited to, individuals with exceptional needs. “Licensed children’s institution” includes a group home or short-term residential therapeutic program, as defined in

Section of the Health and Safety Code. As used in this

article and

Article 3 (commencing with

Section 56836.165) of

Chapter 7.2, a “licensed children’s institution” does not include any of the following:

(1) A juvenile court school, juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp administered pursuant to

Article 2.5 (commencing with

Section 48645) of

Chapter of

Part 27.

(2) A county community school program provided pursuant to

Section 1981.

(3) Any special education programs provided pursuant to

Section 56150.

(4) Any other public agency. (

b) As used in this part, “foster family home” means a family residence that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide 24-hour nonmedical care and supervision for not more than six foster children, including, but not necessarily limited to, individuals with exceptional needs. “Foster family home” includes a small family home as defined in paragraph (6) of subdivision (

a) of

Section of the Health and Safety Code, a kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code, and a resource family as defined in

Section of the Health and Safety Code and

Section 16519.5 of the Welfare and Institutions Code.

SEC. 5.

Section of the Family Code is amended to read: 6552. The caregiver’s authorization affidavit shall be in substantially the following form: Caregiver’s Authorization Affidavit Use of this affidavit is authorized by

Part 1.5 (commencing with

Section 6550) of Division of the California Family Code. Instructions: Completion of items 1–4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5–8 is additionally required to authorize any other medical care. Print clearly. The minor named below lives in my home and I am years of age or older. 1. Name of minor: . 2. Minor’s birth date: . 3. My name (adult giving authorization): . 4. My home address: . 5. I am a relative of the child (see back of this form for a definition of “relative”). 6.

Check one or both (for example, if one parent was advised and the other cannot be located): ◻ I have advised the parent(

s) or other person(

s) having legal custody of the minor of my intent to authorize medical care, and have received no objection. ◻ I am unable to contact the parent(

s) or other person(

s) having legal custody of the minor at this time, to notify them of my intended authorization. 7. My date of birth: . 8. My California driver’s license or identification card or government-issued consular card number: . Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. Warning to Local Educational Agencies and Health Care Service Providers: A seal or signature from a court is not required. This form is not required to be notarized.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Signed: Notices: 1. This declaration does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor. 2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

Additional Information: TO CAREGIVERS: 1. “Relative,” for purposes of item 5, means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. 2. The law may require you, if you are not a relative, or a currently licensed, certified, or approved foster parent, to obtain kinship family approval pursuant to

Section 16519.4 of the Welfare and Institutions Code, or resource family approval pursuant to

Section of the Health and Safety Code or

Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services. 3. If the minor stops living with you, the affidavit is no longer valid. You are required to notify any school, health care provider, or health care service plan to which you have given this affidavit that the minor is no longer living with you and that, as a result, the affidavit is no longer valid. 4.

If you do not have the information requested in item 8 (California driver’s license or I.D., or government-issued consular card), provide another form of identification such as your social security number or Medi-Cal number. TO SCHOOL OFFICIALS: 1.

Section of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver. 2. The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4. 3. A seal or signature of the court is not required. This form is not required to be notarized. TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: 1.

When signed by a relative, this affidavit shall confer the same rights to authorize medical care and dental care for the minor that are given to guardians under

Section of the Probate Code. The medical care authorized by a relative caregiver may include mental health treatment subject to the limitations of

Section of the Probate Code. 2. A health care service provider who acts in good faith reliance upon a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A seal or signature of the court is not required. This form is not required to be notarized. 3. This affidavit does not confer dependency for health care coverage purposes.

SEC. 6.

Section of the Family Code is amended to read: 8609. (

a) Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, is guilty of a misdemeanor, unless one of the following conditions apply:

(1) The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in

Section 8530, and is authorized to place children for adoption.

(2) The person or organization is exempt from licensure pursuant to subdivision (

x) or (

y) of

Section of the Health and Safety Code. (

b) Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies:

(1) The person, organization, or corporation holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in

Section 8530, and is authorized to place children for adoption.

(2) The person, organization, or corporation is exempt from licensure pursuant to subdivision (

x) or (

y) of

Section of the Health and Safety Code.

(3) The person is the legal parent. (

c) Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (

a) of

Section of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (

a) of

Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law.

SEC.

Section 8704.5 of the Family Code is amended to read: 8704.5. (

a) A foster care license, certification, kinship family approval, or resource family approval shall not be required for placement of a nondependent child who is relinquished for adoption to a licensed private adoption agency, if the child is placed in the care of prospective adoptive parents who have an approved adoption home study that meets the criteria established by the department for home studies conducted within the state. (

b) During a preadoptive placement made pursuant to subdivision (a), the licensed private adoption agency shall conduct in-home supervisory visits no less than once every days, until the child has been legally freed and formally placed for adoption.

SEC. 8.

Section of the Family Code is amended to read: 8708. (

a) The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any of the following:

(1) Deny to any person the opportunity to become an adoptive parent on the basis of the race, color, or national origin of the person or the child involved.

(2) Delay or deny the placement of a child for adoption on the basis of the race, color, or national origin of the adoptive parent or the child involved.

(3) Delay or deny the placement of a child for adoption solely because the prospective, approved adoptive family resides outside the jurisdiction of the department, county adoption agency, or licensed adoption agency. For purposes of this paragraph, an approved adoptive family means a family approved pursuant to the California adoptive applicant assessment standards, approved as a kinship family pursuant to

Section 16519.4 of the Welfare and Institutions Code, or approved as a resource family pursuant to

Section of the Health and Safety Code or

Section 16519.5 of the Welfare and Institutions Code. If the adoptive applicant assessment was conducted in another state according to that state’s standards, the California placing agency shall determine whether the standards of the other state substantially meet the standards and criteria established in California adoption regulations. (

b) This

section shall not be construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C.

Sec. 1901 and following).

SEC. 9.

Section of the Family Code is amended to read: 9201. (

a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who receive, or have received, adoption services. (

b) Employees of the department and licensed adoption agencies shall release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services. (

c) Prior to the placement of a child for adoption, the department or licensed adoption agency may, upon the written request of both a birth and a prospective adoptive parent, arrange for contact between these birth and prospective adoptive parents that may include the sharing of identifying information regarding these parents. (

d) The department and any licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective adoptive parent or birth parent with other social service agencies, including the department, other licensed adoption agencies, counties or licensed foster family agencies for purposes of approving a kinship family pursuant to

Section 16519.4 of the Welfare and Institutions Code, a resource family pursuant to

Section of the Health and Safety Code or

Section 16519.5 of the Welfare and Institutions Code, or providers of health care as defined in

Section 56.05 of the Civil Code. (

e) Notwithstanding any other law, the department and any licensed adoption agency may furnish information relating to an adoption petition or to a child in the custody of the department or any licensed adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parent, or provider of health care as defined in

Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby. (

f) The department and any licensed adoption agency may make adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research.

SEC.

Section 9203.1 of the Family Code is amended to read: 9203.1. (

a) The department or a licensed adoption agency shall, upon the request of a prospective adoptive parent, disclose an adoption homestudy and any updates to an adoption homestudy to a county or licensed foster family agency for the purpose of approving the prospective adoptive parent as a kinship family pursuant to

Section 16519.4 of the Welfare and Institutions Code, or a resource family pursuant to

Section 16519.5 of the Welfare and Institutions Code. (

b) The department shall prescribe the form of the request described in subdivision (a). (

c) The department or a licensed adoption agency shall respond to a request made pursuant to subdivision (

a) within working days of receiving it. (

d) The department or a licensed adoption agency may charge a fee to cover the reasonable costs of processing requests made pursuant to subdivision (a). The department or a licensed adoption agency shall waive fees authorized by this subdivision for any person who is receiving public assistance pursuant to

Part 3 (commencing with

Section 11000) of Division of the Welfare and Institutions Code.

SEC.

Section 7930.165 of the Government Code is amended to read: 7930.165. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Joint Legislative Ethics Committee, confidentiality of reports and records,

Section 8953, this code. Judicial candidates, confidentiality of communications concerning,

Section 12011.5, this code. Judicial proceedings, confidentiality of employer records of employee absences,

Section 230.2, Labor Code. Jurors’ lists, lists of registered voters and licensed drivers as source for,

Section 197, Code of Civil Procedure. Juvenile court proceedings to adjudge a person a dependent child of court, sealing records of,

Section 389, Welfare and Institutions Code. Juvenile criminal records, dissemination to schools,

Section 828.1, Welfare and Institutions Code. Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility,

Section 1155, Welfare and Institutions Code. Kinship families, identifying information,

Section 1536, Health and Safety Code, and

Section 16519.55, Welfare and Institutions Code. Labor dispute, investigation and mediation records, confidentiality of,

Section 3601, this code. Lanterman-Petris-Short Act, mental health services recipients, confidentiality of information and records, mental health advocate, Sections 5540, 5541, 5542, and 5550, Welfare and Institutions Code. Law enforcement vehicles, registration disclosure,

Section 5003, Vehicle Code. Legislative Counsel records,

Section 7928.100, this code. Library circulation records and other materials, Sections 7925.000 and 7927.105, this code. Life and disability insurers, actuarial information, confidentiality of,

Section 10489.15, Insurance Code. Litigation, confidentiality of settlement information,

Section 68513, this code. Local agency legislative body, closed sessions, disclosure of materials,

Section 54956.9, this code. Local government employees, confidentiality of records and claims relating to group insurance,

Section 53202.25, this code. Local

summary criminal history information, confidentiality of, Sections and 13305, Penal Code. Local agency legislative body, closed session, nondisclosure of minute book,

Section 54957.2, this code. Local agency legislative body, meeting, disclosure of agenda,

Section 54957.5, this code. Long-term health facilities, confidentiality of complaints against,

Section 1419, Health and Safety Code. Long-term health facilities, confidentiality of records retained by State Department of Public Health,

Section 1439, Health and Safety Code. Los Angeles County Tourism Marketing Commission, confidentiality of information obtained from businesses to determine their assessment,

Section 13995.108, this code.

SEC.

Section 7930.190 of the Government Code is amended to read: 7930.190. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Radioactive materials, dissemination of information about transportation of,

Section 33002, Vehicle Code. Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services,

Section 7929.215, this code. Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of,

Section 10232.2, Business and Professions Code. Real property, acquisition by state or local government, information relating to feasibility,

Section 7928.705, this code. Real property, change in ownership statement, confidentiality of,

Section 27280, this code. Records described in

Section 1620, Penal Code. Records of contract purchasers, inspection by public prohibited,

Section 85, Military and Veterans Code. Records of persons committed to a state hospital pursuant to

Section 4135, Welfare and Institutions Code. Registered public obligations, inspection of records of security interests in,

Section 5060, this code. Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation,

Section 5003, Vehicle Code. Rehabilitation, Department of, confidential information,

Section 19016, Welfare and Institutions Code. Reinsurance intermediary-broker license information, confidentiality of,

Section 1781.3, Insurance Code. Relocation assistance, confidential records submitted to a public entity by a business or farm operation,

Section 7262, this code. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from,

Section 7060.4, this code. Report of probation officer, inspection, copies,

Section 1203.05, Penal Code. Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code. Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Sections 7926.400 to 7926.430, inclusive, this code. Residence address in any record of Department of Housing and Community Development, confidentiality of,

Section 7927.415, this code. Residence address in any record of Department of Motor Vehicles, confidentiality of,

Section 7927.405, this code, and

Section 1808.21, Vehicle Code. Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of,

Section 1810.7, Vehicle Code. Residential care facilities, confidentiality of resident information,

Section 1568.08, Health and Safety Code. Residential care facilities for the elderly, confidentiality of client information,

Section 1569.315, Health and Safety Code. Resource families, identifying information,

Section 1536, Health and Safety Code,

Section 16519.55, Welfare and Institutions Code. Respiratory care practitioner, professional competency examination reports, confidentiality of,

Section 3756, Business and Professions Code. Restraint of trade, civil action by district attorney, confidential memorandum,

Section 16750, Business and Professions Code. Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information,

Section 1547, Penal Code.

SEC.

Section 30029.7 of the Government Code is amended to read: 30029.7. (

a) Notwithstanding any other law and to the extent consistent with or required by federal law or court order, a county or counties may contract directly with, or otherwise request, the State Department of Health Care Services or the State Department of Social Services, as applicable, to provide or administer the following programs, services, or activities:

(1) The Drug Medi-Cal Treatment Program pursuant to

Article 3.2 (commencing with

Section 14124.20) of

Chapter of Part of Division of the Welfare and Institutions Code.

(2) Agency adoptions pursuant to

Chapter 2 (commencing with

Section 16100) of Part of Division of the Welfare and Institutions Code and

Chapter 2 (commencing with

Section 8700) of Part of Division of the Family Code. Notwithstanding any other law, a license issued pursuant to

Chapter 3 (commencing with

Section 1500) of Division of the Health and Safety Code shall not be required of a county that provides agency adoption program services.

(3) The kinship family approval program or resource family approval program pursuant to

Article 2 (commencing with

Section 16519.3) of

Chapter of Part of Division of the Welfare and Institutions Code, or any portion thereof. (

b) Nothing in paragraph (1) or (2) of subdivision (

a) shall prevent a county from providing funding for any of the programs, services, or activities through a contract with another county, joint powers agreement, or county consortium. (c)

(1) Contracts awarded pursuant to paragraph (1) of subdivision (

a) shall be exempt from the requirements of

Chapter 1 (commencing with

Section 10100) and

Chapter 2 (commencing with

Section 10290) of Part of Division of the Public Contract Code. Contracts with the State Department of Health Care Services shall include reimbursement to the state for the cost of providing the services or activities in paragraph (1) of subdivision (a), subject to the terms of the contract. Those reimbursement amounts shall not exceed the funding provided to counties for specified programs.

(2) Contracts awarded pursuant to paragraphs (2) and (3) of subdivision (

a) shall be exempt from the requirements of

Chapter 1 (commencing with

Section 10100) and

Chapter 2 (commencing with

Section 10290) of Part of Division of the Public Contract Code. Contracts with, or other requests of, the State Department of Social Services shall include reimbursement to the state for the costs of providing the services or activities in paragraph (2) or (3) of subdivision (a).

SEC.

Section 1501.1 of the Health and Safety Code is amended to read: 1501.1. (

a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child.

Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan. (

b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (

v) of

Section of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by

Section of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by

Section of the Education Code. (

c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this

section does not obviate the requirement for a facility to be licensed by the department. (

d) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (

v) of

Section of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by

Section of the Education Code, except as provided by statute, may be placed with a foster family agency for subsequent placement with a kinship family or a resource family.

Children, including nonminor dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes, with kinship families, or with resource families, provided that an appraisal of the child’s or nonminor dependent’s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of kinship families or resource families, and is followed by written confirmation prior to placement.

The appraisal shall confirm that the placement poses no threat to any child in the home. (e)

(1) For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies.

(2) For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (

v) of

Section of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of

Section of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by

Section of the Education Code.

SEC. 15.

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

As used in this chapter: (a) “Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: (1) “Residential facility” means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (2) “Adult day program” means any community-based facility or program that provides care to persons years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. (3) “Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under years of age who would otherwise be placed in foster care or who are returning to families from foster care.

Program standards for these facilities shall be developed by the department, pursuant to

Section 1530, in consultation with therapeutic day services and foster care providers. (4) “Foster family agency” means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following: (

A) Recruiting, approving, and training of, and providing professional support to, foster parents and resource families. (

B) Coordinating with county placing agencies to find homes for foster children in need of care. (

C) Providing services and supports to licensed foster parents, county-approved resource families, county-approved kinship families, and children to the extent authorized by state and federal law. (5) “Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in

Section 1505.2. (6) “Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (

a) of

Section of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity. (7) “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to

Article 1 (commencing with

Section 5670) of

Chapter 2.5 of Part of Division of the Welfare and Institutions Code. (8) (A) “Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to

Section of the Welfare and Institutions Code. (

B) This

section does not prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department. (9) (A) “Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following: (

i) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child. (ii) Assesses the birth parents, prospective adoptive parents, or child. (iii) Places children for adoption. (iv) Supervises adoptive placements. (

v) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption. (

B) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to

Part 96 (commencing with

Section 96.1) of Title of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with

Section 96.29) of Part of Title of the Code of Federal Regulations. (10) (A) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following: (

i) Assesses the prospective adoptive parents. (ii) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants. (iii) Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement. (iv) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption. (

B) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to

Part 96 (commencing with

Section 96.1) of Title of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with

Section 96.29) of Part of Title of the Code of Federal Regulations. (11) “Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to

Section 1502.3. (12) “Transitional housing placement provider” means an organization licensed by the department pursuant to

Section 1559.110 to provide transitional housing to foster children who are at least years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis. (13) “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. (14) “Youth homelessness prevention center” means a group home licensed by the department to operate a program pursuant to

Section 1502.35 to provide voluntary, short-term, shelter and personal services to homeless youth, youth who are at risk of homelessness, youth who are exhibiting status offender behavior, or runaway youth, as defined in paragraph (2) of subdivision (

a) of

Section 1502.35. (15) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to

Article 3.6 (commencing with

Section 4684.80) of

Chapter of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to

Section 441.530(a)(1) of Title of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (16) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to

Article 8 (commencing with

Section 4698) of

Chapter of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to

Article 9.7 (commencing with

Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in

Part 5 (commencing with

Section 5900) of Division of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (

a) of

Section 1567.80, shall conform to

Section 441.530(a)(1) of Title of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (17) “Crisis nursery” means a facility licensed by the department to operate a program pursuant to

Section to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. (18) “Short-term residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to

Section 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the department. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.

A short-term residential therapeutic program may be operated as a children’s crisis residential program. (19) “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to

Section 1502.2 to provide youth with 24-hour residential care and supervision, that, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law. (20) “Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to

Section 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law. (21) “Children’s crisis residential program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to

Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which the State Department of Health Care Services has delegated approval authority, to operate a children’s crisis residential mental health program with approval pursuant to

Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization. (22) “Group home for children with special health care needs” means a group home certified by the State Department of Developmental Services pursuant to

Article 3.5 (commencing with

Section 4684.50) of

Chapter of Division 4.5 of the Welfare and Institutions Code and licensed by the State Department of Social Services pursuant to

Article 9 (commencing with

Section 1567.50) of this code that provides 24-hour health care and intensive support services in a homelike setting. A group home for children with special health care needs shall have a maximum capacity of five children with developmental disabilities, as defined in subdivision (

a) of

Section of the Welfare and Institutions Code. (b) “Department” or “state department” means the State Department of Social Services. (c) “Director” means the Director of Social Services.

SEC. 16.

Section of the Health and Safety Code is amended to read: 1505. This

chapter does not apply to any of the following: (

a) A health facility, as defined by

Section 1250. (

b) A clinic, as defined by

Section 1200. (

c) A juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or any juvenile hall operated by a county. (

d) A place in which a juvenile is judicially placed pursuant to subdivision (

a) of

Section of the Welfare and Institutions Code. (

e) A child day care facility, as defined in

Section 1596.750. (f)

(1) A facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend solely upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.

(2) A private alternative boarding school or private alternative outdoor program, as defined in subdivision (

a) of

Section 1502, that uses prayer or spiritual means as a component of its programming or services in addition to behavioral-based services is subject to licensure under this chapter. (

g) A school dormitory or similar facility determined by the department, except a private alternative boarding school or private alternative outdoor program, as defined in subdivision (

a) of

Section 1502. (

h) A house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care, as determined by the department. (

i) A recovery house or other similar facility that provides group living arrangements for adults recovering from alcoholism or drug addiction and that does not provide care or supervision. (

j) An alcoholism or drug abuse recovery or treatment facility as defined in

Section 11834.02. (

k) An arrangement for the receiving and care of persons by a relative or an arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative include relatives of the child for the purpose of keeping sibling groups together. ( l )

(1) A home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (

d) of

Section of the Welfare and Institutions Code.

(2) A home of a nonrelative extended family member, as described in

Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (

d) of

Section of the Welfare and Institutions Code.

(3) On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (

w) of

Section of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to

Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (

k) of

Section of the Welfare and Institutions Code.

(4) A transitional living setting, as described in paragraph (4) of subdivision (

x) of

Section of the Welfare and Institutions Code.

(5) A Transitional Housing Program-Plus, as defined in subdivision (

s) of

Section of the Welfare and Institutions Code, that serves only eligible former foster youth over years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (

c) of

Section of the Welfare and Institutions Code. (

m) A supported living arrangement for individuals with developmental disabilities, as defined in

Section of the Welfare and Institutions Code. (n)

(1) A family home agency, family home, or family teaching home, as defined in

Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following: (

A) As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. (

B) As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health. (

C) As a family home agency, engages in recruiting, approving, and providing support to family homes.

(2) This subdivision does not establish by implication either a family home agency or family home licensing category. (

o) A facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with

Section 1901) of Title of the United States Code) are placed and that is one of the following:

(1) An extended family member of the Indian child, as defined in

Section of Title of the United States Code.

(2) A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to

Section of Title of the United States Code. (p) (1) (

A) Housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to

Section of Public Law 86-372 (12 U.S.C.

Sec. 1701q), or

Section of Public Law 101-625 (42 U.S.C.

Sec. 8013), or that receives mortgage assistance pursuant to

Section of Public Law 90-448 (12 U.S.C.

Sec. 1715z), or whose mortgage is insured pursuant to

Section 221d(3) of Public Law 87-70 (12 U.S.C.

Sec. 1715 l ), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services. (

B) Housing that qualifies for a low-income housing credit pursuant to

Section of Public Law 99-514 (26 U.S.C.

Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to

Section of Public Law 93-383 (42 U.S.C.

Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.

(2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator. (

q) A kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code, that has been approved by a county child welfare department or probation department. (

r) A resource family, as defined in

Section 16519.5 of the Welfare and Institutions Code, that has been approved by a county child welfare department or probation department. (

s) A home approved by a licensed private adoption agency pursuant to

Section 8704.5 of the Family Code, for the placement of a nondependent child who is relinquished for adoption to the adoption agency. (

t) An occasional short-term babysitter, as described in

Section 362.04 of the Welfare and Institutions Code. (

u) An alternative caregiver, except as specified in

Section 16501.02 of the Welfare and Institutions Code. (

v) Except as specified in subdivision (

b) of

Section 16501.01 of the Welfare and Institutions Code, a respite care provider certified by a county. (

w) An adoption service provider, as defined in

Section of the Family Code, except a licensed private adoption agency as specified in paragraph (1) of subdivision (

a) of that section. (

x) A county adoption agency as defined in

Section of the Family Code. (

y) Any similar facility determined by the department.

SEC. 17.

Section of the Health and Safety Code is amended to read: 1506. (a)

(1) A foster family agency may use only a resource family that has been approved by that agency or, pursuant to

Section 1506.5, a licensed foster family home or a county-approved kinship family or resource family approved for this use by the county.

(2) A home selected and approved for the reception and care of children by a foster family agency is not subject to

Section 1508. A resource family of a foster family agency shall not be licensed as a residential facility.

(3) A child with a developmental disability who is placed with a resource family by a foster family agency that is operating under agreement with the regional center responsible for that child may remain with the resource family after years of age. The determination regarding whether and how long the resident may remain as a resident after years of age shall be made through the agreement of all parties involved, including the resident, the resource family, the foster family agency social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate.

This determination shall include a needs and service plan that contains an assessment of the child’s needs to ensure continued compatibility with the other children in placement. The needs and service plan shall be completed no more than six months before the child’s 18th birthday. The assessment shall be documented and maintained in the child’s file with the foster family agency. (4) (

A) A resource family of a foster family agency may be concurrently certified as a host family pursuant to

Section 1559.110 if the home is certified by the same private, nonprofit organization licensed to operate as a transitional housing placement provider and foster family agency. (

B) A transitional housing placement provider, as described in subparagraph (

B) of paragraph (1) of subdivision (

d) of

Section 1559.110, may provide supportive services to a nonminor dependent placed with a resource family of a foster family agency if that provider signs a memorandum of understanding (MOU) with the foster family agency. The MOU shall contain both of the following: (

i) The contact information for both entities. (ii) A description of each entities’ requirements and responsibilities for each child and nonminor dependent in the home. (

C) Notwithstanding subdivision (

c) of

Section 1559.110, a host family certified pursuant to subparagraph (

A) shall comply with the laws applicable to a resource family, as determined by the department, for each participant placed with the host family. (b)

(1) Social work personnel for a foster family agency shall have a master’s degree or higher from an accredited or state-approved graduate school in social work or social welfare, or equivalent education and experience, as determined by the department.

(2) Persons who possess a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified to perform social work activities in a foster family agency: (

A) Marriage, family, and child counseling. (

B) Child psychology. (

C) Child development. (

D) Counseling psychology. (

E) Social psychology. (

F) Clinical psychology. (

G) Educational psychology, consistent with the scope of practice as described in

Section 4989.14 of the Business and Professions Code. (

H) Education, with emphasis on counseling. (

I) An area that includes the core content areas required for licensure as a Licensed Professional Clinical Counselor, as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code. (

J) A subject area that is functionally equivalent to those listed in subparagraphs (

A) to (I), inclusive, as set forth by the department. (c)

(1) In addition to the degree specifications in subdivision (e), all of the following coursework and field practice or experience, as defined in departmental regulations, shall be required of all new hires for the position of social work personnel effective January 1, 1995: (

A) At least three semester units of field practice at the master’s level or six months’ full-time equivalent experience in a public or private social service agency setting. (

B) At least nine semester units of coursework related to human development or human behavior, or, within the first year of employment, experience working with children and families as a major responsibility of the position under the supervision of a supervising social worker. (

C) At least three semester units in working with minority populations or six months of experience in working with minority populations or training in cultural competency and working with minority populations within the first six months of employment as a condition of employment. (

D) At least three semester units in child welfare or at least six months of experience in a public or private child welfare social services setting for a nonsupervisory social worker. A supervising social worker shall have two years’ experience in a public or private child welfare social services setting. (2) (

A) Persons who do not meet the requirements specified in subdivision (

e) or this subdivision may apply for an exception as provided for in subdivisions (

h) and (i). (

B) Exceptions granted by the department before January 1, 1995, shall remain in effect. (3) (

A) Persons who are hired as social work personnel on or after January 1, 1995, who do not meet the requirements listed in this subdivision shall be required to successfully meet those requirements in order to be employed as social work personnel in a foster family agency. (

B) Employees who were hired before January 1, 1995, shall not be required to meet the requirements of this subdivision in order to remain employed as social work personnel in a foster family agency.

(4) Coursework and field practice or experience completed to fulfill the degree requirements of subdivision (

e) may be used to satisfy the requirements of this subdivision. (d)

(1) In addition to the degree specifications in subdivision (

e) and the coursework and field practice or experience described in subdivision (f), social work personnel shall meet core competencies to participate in the assessment and evaluation of an applicant or resource family, as determined by the department in written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code. (2) (

A) A resource family home health and safety assessment may be completed by nonsocial work personnel that meet the requirements of subparagraph (C), if the assessment is reviewed and approved by a social worker. (

B) The orientation of potential resource family applicants may be completed by nonsocial work personnel that meet the requirements of subparagraph (C). (

C) Nonsocial work personnel completing an assessment or orientation pursuant to this paragraph shall have a minimum of a bachelor’s degree in social work, psychology, or a similar field, and experience and core competencies necessary to competently participate in the resource family home health and safety assessment or the orientation of an applicant or resource family. The department shall consult with stakeholders to issue guidance that may include exceptions for when nonsocial work personnel have the background and experience to competently complete the assessment or orientation. (

e) Individuals seeking an exception to the requirements of subdivision (

e) or (

f) based on completion of equivalent education and experience shall apply to the department by the process established by the department. (

f) The department shall complete the process for the exception to minimum education and experience requirements described in subdivisions (

e) and (

f) within days of receiving the exception application of social work personnel or supervising social worker qualifications from the foster family agency. (

g) For purposes of this section, “social work personnel” means supervising social workers and nonsupervisory social workers.

SEC.

Section 1506.1 of the Health and Safety Code is amended to read: 1506.1. (

a) A foster family agency shall prepare and maintain a current, written plan of operation as required by the department. (b)

(1) A foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (

b) of

Section of the Welfare and Institutions Code. (

A) The foster family agency shall have up to months from the date of licensure to obtain accreditation. (

B) The foster family agency applicant shall submit documentation of accreditation or application for accreditation with its application for licensure. (

C) The foster family agency shall provide documentation to the department reporting its accreditation status at months and at months after the date of licensure.

(2) This subdivision does not preclude the department from requesting additional information from the foster family agency regarding its accreditation status.

(3) The department may revoke a foster family agency’s license pursuant to

Article 5 (commencing with

Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.

(4) The department may extend the date by which to comply with paragraph (2), as applicable, for up to one year upon the request of a foster family agency that has been vendored as a service provider by a regional center for persons with developmental disabilities. In determining whether to extend the date, the department shall consult with any county placement agency that places children with the foster family agency, the vendorizing regional center, and the State Department of Developmental Services. (

c) On and after January 1, 2017, a foster family agency’s plan of operation shall include a program statement. The program statement shall contain a description of all of the following:

(1) The core services and supports, as set forth in paragraph (5) of subdivision (

b) of

Section of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.

(2) The treatment practices that will be used in serving children and families.

(3) The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, consistent with the case plans as developed by the county placing agency, that support the reasonable and prudent parent standard, as defined in

Section 362.05 of the Welfare and Institutions Code, and procedures for collaborating with the child and family team, as described in paragraph (4) of subdivision (

a) of

Section of the Welfare and Institutions Code, which includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed.

(4) How the foster family agency will comply with the resource family approval standards and requirements, as set forth in

Section 1517, including any written directions or regulations adopted pursuant to that section.

(5) The population or populations to be served.

(6) The ability to support the differing needs of children and their families.

(7) The plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of children, and it shall be consistent with the training provided to resource families as set forth in

Section 16519.5 of the Welfare and Institutions Code.

(8) The ability to provide or arrange for treatment services to meet the individual needs of children as specified in

Section of the Welfare and Institutions Code.

(9) The plan for the training, supervision, and support of resource families to meet the appropriate needs of children, consistent with the training requirements set forth in

Section 16519.5 of the Welfare and Institutions Code. To the extent possible, the foster family agency training plan for resource families shall be consistent with the training requirements set forth by the county child welfare placing agency.

(10) The agency or agencies that the foster family agency has partnered with, either formally or informally, to provide additional supports and services to families and children during care and postpermanency.

(11) The plan for participation in child and family teams and supporting the participation of the agency’s resource families in those teams, as appropriate.

(12) If the foster family agency plans to operate as an intensive services foster care program, a description of the program model and how the foster family agency will comply with the requirements set forth in

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code.

(13) Any other information that may be prescribed by the department for the proper administration of this section. (

d) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (

g) of

Section 11462.02 of the Welfare and Institutions Code. (e) (1) (A) (

i) A foster family agency applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency. (ii) The letter of recommendation shall include a statement that the county placing agency reviewed the applicant’s program statement. (iii) If the letter of recommendation is not from the county in which the facility is located, the foster family agency applicant shall include with its application a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county. (

B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. This paragraph does not constitute a denial of the application for purposes of

Section or any other law. (

C) A new letter of recommendation is not required when a foster family agency moves locations.

(2) A foster family agency shall submit a copy of its program statement to all county placing agencies with which placements are coordinated or for which services are provided, including the county in which the facility is located, for optional review when the foster family agency updates its program statement. (

f) The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (

d) of

Section of the Welfare and Institutions Code.

SEC.

Section 1506.5 of the Health and Safety Code is amended to read: 1506.5. (

a) Foster family agencies shall not use foster family homes licensed by a county, or kinship families or resource families approved by a county, without the approval of the licensing or approving county. When approval is granted, a written agreement between the foster family agency and the county shall specify the nature of administrative control and case management responsibility and the nature and number of the children to be served in the home. (

b) Before a foster family agency may use a licensed foster family home it shall review and, with the exception of a new fingerprint clearance, qualify the home in accordance with

Section 1506. (

c) When approval is granted pursuant to subdivision (a), and for the duration of the agreement permitting the foster family agency use of the licensed foster family home or county-approved kinship family or resource family, no child shall be placed in that home except through the foster family agency. (

d) Nothing in this

section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this

section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it. (e)

(1) If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a license under this

chapter or under

Chapter 1 (commencing with

Section 1200),

Chapter 2 (commencing with

Section 1250),

Chapter 3.01 (commencing with

Section 1568.01),

Chapter 3.2 (commencing with

Section 1569),

Chapter 3.4 (commencing with

Section 1596.70),

Chapter 3.5 (commencing with

Section 1596.90), or

Chapter 3.6 (commencing with

Section 1597.30) and the prior license was revoked within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.

(2) If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (

b) of

Section within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.

(3) If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department or from a certified family home pursuant to

Section 1558, 1568.092, 1569.58, or 1596.8897, the foster family agency shall cease any further review of the application unless the excluded person has been reinstated pursuant to

Section of the Government Code by the department.

(4) The cessation of review shall not constitute a denial of the application for purposes of subdivision (

b) of

Section or any other law. (f)

(1) If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (

e) and the application was denied within the last year, the foster family agency shall cease further review of the application as follows: (

A) When the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (

B) When the department informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.

(2) The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and a condition that either have been corrected or are no longer in existence.

(3) The cessation of review shall not constitute a denial of the application for purposes of subdivision (

b) of

Section or any other law. (g)

(1) If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (

b) of

Section 1534, the foster family agency shall cease further review of the application as follows: (

A) In cases where the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (

B) In cases where the department informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.

(2) The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence.

(3) The cessation of review shall not constitute a denial of the application for purposes of subdivision (

b) of

Section or any other law.

SEC.

Section 1506.6 of the Health and Safety Code is repealed.

SEC.

Section 1506.7 of the Health and Safety Code is repealed.

SEC.

Section 1506.8 of the Health and Safety Code is repealed.

SEC.

Section 1506.9 of the Health and Safety Code is amended to read: 1506.9. (

a) No person shall incur civil liability as a result of providing the department with any of the following:

(1) The foster family agency providing to the department a log of family homes certified and decertified.

(2) The foster family agency notifying the department of its determination to decertify a certified family home due to any of the following actions by the certified family parent: (

A) Violating licensing rules and regulations. (

B) Aiding, abetting, or permitting the violation of licensing rules and regulations. (

C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. (

D) Being convicted of a crime while a certified family parent. (

E) Knowingly allowing any child to have illegal drugs or alcohol. (

F) Committing

an act of child abuse or neglect or

an act of violence against another person. (

b) Neither the department, a foster family agency, or a county shall incur civil liability for providing a county or a foster family agency with information if the communication is for the purpose of approval of a county-approved kinship family or resource family.

SEC.

Section 1507.25 of the Health and Safety Code is amended to read: 1507.25. (a)

(1) Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.

(2) The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision: (

A) A relative caregiver. (

B) A nonrelative extended family member. (

C) A foster family home parent. (

D) A member of a resource family, as defined in subdivision (

c) of

Section 16519.5 of the Welfare and Institutions Code. (

E) A member of a kinship family, as defined in subdivision (

a) of

Section 16519.4 of the Welfare and Institutions Code. (

F) A small family home parent. (

G) A designated substitute caregiver of a foster family home, county-approved kinship family, or resource family. (

H) A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home. (

I) A staff member of a short-term residential therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility. (

J) A staff member of a transitional shelter care facility or a temporary shelter care facility who provides direct care and supervision to children and youth residing in the facility.

(3) The licensed health care professional shall periodically review, correct, or update training provided pursuant to this

section as the professional deems necessary and appropriate. (b)

(1) Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the child’s physician, to a foster child in placement.

(2) The following individuals shall be authorized to give prescribed injections, including insulin, in accordance with this subdivision: (

A) A relative caregiver. (

B) A nonrelative extended family member. (

C) A foster family home parent. (

D) A member of a resource family, as defined in subdivision (

c) of

Section 16519.5 of the Welfare and Institutions Code. (

E) A member of a kinship family, as defined in subdivision (

a) of

Section 16519.4 of the Welfare and Institutions Code. (

F) A small family home parent. (

G) In the absence of a foster parent, a designated substitute caregiver in a foster family home, county-approved kinship family, or resource family. (

H) A staff member of a group home who provides direct care and supervision to children and youth residing in the group home. (

I) A direct care staff member of a short-term residential therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility.

(3) The licensed health care professional shall periodically review, correct, or update training provided pursuant to this

section as the professional deems necessary and appropriate. (

c) For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring. (

d) Notwithstanding

Part 5.5 (commencing with

Section 17700) of Division of, and particularly subdivision (

g) of

Section of, the Welfare and Institutions Code, a child’s need to receive injections pursuant to this

section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care. (

e) This

section does not supersede the requirements of

Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.

SEC. 25.

Section of the Health and Safety Code is amended to read: 1517. (a)

(1) Pursuant to subdivision (

a) of

Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, and approving guardians and adoptive families.

(2) For purposes of this chapter, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in

Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

(3) There is no fundamental right to approval as a resource family. (4) (

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

i) Notwithstanding subparagraph (A), a foster family agency may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code. (ii) In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the foster family agency 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 of the Welfare and Institutions Code 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 of Division of Title of the Government Code), the department may provide guidance to foster family agencies regarding consistent implementation of this clause through the issuance of written directives that shall have the same force and effect as regulations, until regulations are adopted.

(5) For purposes of this chapter, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards adopted pursuant to subdivision (

d) of

Section 16519.5 of the Welfare and Institutions Code.

(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family. (7) (

A) Notwithstanding paragraphs (1) to (6), inclusive, a foster family agency shall cease any further review of an application if the applicant has had a previous application denial within the preceding year by the department or county, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years. (

B) If an individual was excluded from a resource family home or facility licensed by the department, a foster family agency shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (

g) of

Section 16519.6 of the Welfare and Institutions Code or

Section 1569.53, subdivision (

h) of

Section 1558, subdivision (

h) of

Section 1569.58, or subdivision (

h) of

Section 1596.8897 of this code. (

C) The cessation of review shall not constitute a denial of the application for purposes of this section, or

Section 16519.4 or 16519.5 of the Welfare and Institutions Code, or any other law. (

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

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

(8) A resource family shall meet the approval standards set forth in

Section 16519.5 and, as applicable,

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code, comply with the written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code, and comply with other applicable federal and state laws in order to maintain approval.

(9) A resource family may be approved by a county child welfare department or probation department pursuant to

Section 16519.5 of the Welfare and Institutions Code or by a foster family agency pursuant to this section.

(10) A resource family shall not be licensed to operate a residential facility, as defined in

Section 1502, a residential care facility for the elderly, as defined in

Section 1569.2, a residential care facility for persons with chronic life-threatening illnesses, as defined in

Section 1568.01, or a medical foster home for veterans, as defined in

Section 1568.21, on the same premises used as the residence of the resource family. A resource family shall not be concurrently approved as a kinship family, as defined in

Section 16519.4 of the Welfare and Institutions Code. (11) (

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

B) This

section does not preclude a foster family agency from requiring an applicant to complete an application activity, including if that activity was previously completed. (b)

(1) A foster family agency that approves resource families shall comply with this section.

(2) Notwithstanding any other law, a foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in

Section 16519.5 and, as applicable,

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code, the written directives or regulations adopted thereto, and other applicable laws prior to approval and in order to maintain approval.

(3) A foster family agency shall be responsible for all of the following: (

A) Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in

Article 2 (commencing with

Section 16519.5) of

Chapter of Part of Division and, as applicable,

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code, and the applicable written directives or regulations adopted thereto by the department. (

B) Ensuring relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, as defined in

Section 16519.4 of the Welfare and Institutions Code, the resource family approval process, or, in the case of an Indian child, seeking approval as a tribally approved home, as described in subdivision (

r) of

Section 224.1 of the Welfare and Institutions Code. (

C) Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department. (

D) Ensuring staff have the education, experience, and core competencies necessary to participate in the assessment and evaluation of an applicant or resource family. (

E) Taking the following actions, as applicable: (i) (

I) Approving or denying resource family applications, including preparing a written report that evaluates the applicant’s capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes. (II) The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application. (ii) Rescinding approvals of resource families. (

F) Providing to the department a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month. (G) (

i) 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 day care home, as defined in

Section 1596.78. (ii) A foster family agency shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in clause (i), to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code. (

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

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

Section 16519.5 and, as applicable,

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code and to comply with the written directives or regulations adopted thereto, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family or take other administrative action in accordance with applicable law or the written directives or regulations adopted pursuant to

Section 16519.5 and, as applicable,

Chapter 6.3 (commencing with

Section 18360) of Part of Division of the Welfare and Institutions Code. (iii) Requiring resource families to report to the foster family agency any incidents, as specified in the written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code. (iv) Inspecting resource family homes as often as necessary to ensure the quality of care provided. (

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

J) Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (

f) of

Section 16519.5 of the Welfare and Institutions Code. (K) (

i) Ensuring applicants and resource families meet the training requirements, and, if applicable, the specialized training requirements set forth in

Section 16519.5 of the Welfare and Institutions Code. (ii) This

section does not preclude a foster family agency from requiring training in excess of the requirements in this section. (

L) Ensuring 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 resource family-specific training. The training shall include a curriculum that supports the role of a resource family in parenting vulnerable children and shall be ongoing in order to provide resource families with information on trauma-informed care, practices, and requirements, and other topics relevant to the foster care system.

(4) A foster family agency may cooperatively match a child who is under the care, custody, and control of a county with a resource family for initial placement. (

c) In addition to subdivision (

f) of

Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:

(1) Requiring foster family agencies to monitor resource families, including, but not limited to, inspecting resource family homes, developing and monitoring resource family corrective action plans to correct identified deficiencies, and rescinding resource family approval if compliance with a corrective action plan is not achieved.

(2) Investigating all complaints regarding a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives or regulations adopted pursuant to

Section 16519.5 of the Welfare and Institutions Code. A foster family agency shall not conduct an internal investigation regarding an incident report or complaint against a resource family that interferes with an investigation being conducted by the department.

(3) Rescinding approvals of a resource family approved by a foster family agency.

(4) Excluding a resource family parent or applicant or other individual from presence in any resource family home or licensed community care facility consistent with the established standard, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.

(5) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety.

(6) Providing a resource family parent, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to this

chapter and subdivisions (

g) to (n), inclusive, of

Section 16519.6 of the Welfare and Institutions Code if the department has ordered a foster family agency to deny a resource family application or rescind the approval of a resource family, has excluded an individual, has denied or rescinded a criminal record exemption, or has taken other administrative action. (d)

(1) The