Amended  IN  Senate  July 13, 2017
Amended  IN  Senate  July 03, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1375

Introduced by Assembly Member Dababneh

February 17, 2017

An act to add Section 16009 to the Welfare and Institutions Code, relating to foster care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1375, as amended, Dababneh. Foster care: placements: database.
Existing law generally provides for the placement of foster youth, and provides for the licensure and regulation by the State Department of Social Services of specified facilities that provide care for foster youth, including foster family agencies and short-term residential therapeutic programs.
This bill would require specified placement settings that provide care to dependent children and youth, nonminor dependents, and wards wards, and other appropriate placements identified by the department, to provide to the State Department of Social Services department a daily census of available beds and a comprehensive listing of the services provided by the placement setting, as specified. The bill would require the department to create and maintain a database on the department’s Internet Web site that would allow county child welfare departments and county probation departments to view the above-mentioned information for the purpose of placing those children, youth, dependents, and wards in placement settings according to the best interests of the child.
This bill would require the department, on a biannual basis, to review the information obtained from the database in order to assess for capacity and the availability of services of the placement settings and would require the department to publicly report on its findings on its Internet Web site. The bill would require the department to convene a workgroup of interested stakeholders, as specified, to develop recommendations for the implementation of these provisions, and would require the department, after consultation with the workgroup, to issue an all-county letter on or before May 1, 2018, with specified information about the services in the listing reported by the placement settings.
The bill would incorporate references to provisions added by AB 404 that would become operative only if AB 404 is enacted, as specified, and becomes effective on or before January 1, 2018.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 16009 is added to the Welfare and Institutions Code, to read:

16009.
 (a) It is the intent of the Legislature to ensure accessibility and quality care for children and youth with specialized needs who require appropriate placement in certain placement settings.
(b) This section shall apply only to all of the following placement settings that provide care to dependent children and youth, nonminor dependents, and wards: wards, and other appropriate placements identified by the department:
(1) A licensed foster family agency, as defined in subdivision (g) of Section 11400, and as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(2) A short-term residential therapeutic program licensed as a community care facility, as defined in subdivision (ad) of Section 11400, and as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(3) A community treatment facility, as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(4) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations.
(5) A transitional shelter care facility, as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(6) An intensive foster care program, as described in Chapter 6.2 (commencing with Section 18358) of Part 6.
(c) (1) The placement setting specified in subdivision (b) shall provide the following information to the State Department of Social Services: department:
(A) A daily census of available beds, whenever there is a change.
(B) A comprehensive listing of the services provided by the placement setting, including, but not limited to, all of the following, if applicable, and as specified in subdivision (f):
(i) Health and medical services.
(ii) Mental health services.
(iii) Developmental services.
(iv) Culturally and linguistically competent services.
(v) Prenatal, perinatal, and parenting services.
(vi) Specialized services for certain populations, including, but not limited to, lesbian, gay, bisexual, or transgender (LGBT) services, substance abuse services, gang prevention services, and addiction prevention services.
(2) For purposes of the reporting requirement in paragraph (1), a licensed foster family agency shall report the aggregate number of beds available in, and the aggregate services provided by, all certified or approved homes used exclusively by the licensed foster family agency. This section shall not be interpreted to require a foster family home or resource family home to report the information specified in paragraph (1) to the department.
(3) For purposes of the reporting requirement in paragraph (1), the county or foster family agency participating in an intensive treatment foster care program, as specified in paragraph (6) of subdivision (b), shall be responsible for reporting the information specified in paragraph (1) on behalf of the intensive treatment foster care program.
(d) The department shall create and maintain a database on the department’s Internet Web site that will allow county child welfare departments and county probation departments to view the information specified in subdivision (c) for the purpose of placing dependent children and youth, nonminor dependents, and wards in the placement settings specified in subdivision (b) according to the best interests of the child.
(e) The department shall, on a biannual basis, review the information obtained from the database to assess for capacity and the availability of services of the placement settings specified in subdivision (b), and shall publicly report on its findings on its Internet Web site.
(f) (1) The department shall convene a workgroup of interested stakeholders to develop recommendations for the implementation of this section. The stakeholder workgroup may include, but not be limited to, representatives of county welfare and probation welfare, probation, and behavioral health directors, child welfare advocates, regional centers, pediatric medical specialists, placement setting owners or operators, and former foster youth.
(2) The department, in consultation with the workgroup, shall issue an all-county letter on or before May 1, 2018. The all-county letter shall specify which all of the following:
(A) Which services shall be reported by the placement settings specified in subdivision (b) in the listing described in subparagraph (B) of paragraph (1) of subdivision (c) and how (c).
(B) How often those placement settings shall update the listing.
(C) How placing agencies will be able to access the listing in a manner to protect the confidentiality and safety of clients in the placement settings.

SEC. 1.5.

 Section 16009 is added to the Welfare and Institutions Code, to read:

16009.
 (a) It is the intent of the Legislature to ensure accessibility and quality care for children and youth with specialized needs who require appropriate placement in certain placement settings.
(b) This section shall apply only to all of the following placement settings that provide care to dependent children and youth, nonminor dependents, and wards: wards, and other appropriate placements identified by the department:
(1) A licensed foster family agency, as defined in subdivision (g) of Section 11400, and as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(2) A short-term residential therapeutic program licensed as a community care facility, as defined in subdivision (ad) of Section 11400, and as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(3) A community treatment facility, as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(4) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations.
(5) A transitional shelter care facility, as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(6) An intensive foster care program, as described in Chapter 6.2 (commencing with Section 18358) of Part 6.
(7) An intensive services foster care program, as described in Chapter 6.3 (commencing with Section 18360) of Part 6.
(c) (1) The placement setting specified in subdivision (b) shall provide the following information to the State Department of Social Services: department:
(A) A daily census of available beds, whenever there is a change.
(B) A comprehensive listing of the services provided by the placement setting, including, but not limited to, all of the following, if applicable, and as specified in subdivision (f):
(i) Health and medical services.
(ii) Mental health services.
(iii) Developmental services.
(iv) Culturally and linguistically competent services.
(v) Prenatal, perinatal, and parenting services.
(vi) Specialized services for certain populations, including, but not limited to, lesbian, gay, bisexual, or transgender (LGBT) services, substance abuse services, gang prevention services, and addiction prevention services.
(2) For purposes of the reporting requirement in paragraph (1), a licensed foster family agency shall report the aggregate number of beds available in, and the aggregate services provided by, all certified or approved homes used exclusively by the licensed foster family agency. This section shall not be interpreted to require a foster family home or resource family home to report the information specified in paragraph (1) to the department.
(3) For purposes of the reporting requirement in paragraph (1), the county or foster family agency participating in an intensive treatment foster care program, as specified in paragraph (6) of subdivision (b), or an intensive services foster care program, as specified in paragraph (7) of subdivision (b), shall be responsible for reporting the information specified in paragraph (1) on behalf of the program.
(d) The department shall create and maintain a database on the department’s Internet Web site that will allow county child welfare departments and county probation departments to view the information specified in subdivision (c) for the purpose of placing dependent children and youth, nonminor dependents, and wards in the placement settings specified in subdivision (b) according to the best interests of the child.
(e) The department shall, on a biannual basis, review the information obtained from the database to assess for capacity and the availability of services of the placement settings specified in subdivision (b), and shall publicly report on its findings on its Internet Web site.
(f) (1) The department shall convene a workgroup of interested stakeholders to develop recommendations for the implementation of this section. The stakeholder workgroup may include, but not be limited to, representatives of county welfare and probation welfare, probation, and behavioral health directors, child welfare advocates, regional centers, pediatric medical specialists, placement setting owners or operators, and former foster youth.
(2) The department, in consultation with the workgroup, shall issue an all-county letter on or before May 1, 2018. The all-county letter shall specify which all of the following:
(A) Which services shall be reported by the placement settings specified in subdivision (b) in the listing described in subparagraph (B) of paragraph (1) of subdivision (c) and how (c).
(B) How often those placement settings shall update the listing.
(C) How placing agencies will be able to access the listing in a manner to protect the confidentiality and safety of clients in the placement settings.

SEC. 2.

 Section 1.5 shall only become operative if Assembly Bill 404 is enacted, becomes effective on or before January 1, 2018, and as enacted adds Chapter 6.3 (commencing with Section 18360) to Part 6 of Division 9 of the Welfare and Institutions Code, in which case Section 1 shall not become operative.