Bill Text: CA AB421 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Seriously emotionally disturbed children: out-of-home

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB421 Detail]

Download: California-2009-AB421-Amended.html

---

BILL NUMBER: AB 421	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Beall

                        FEBRUARY 23, 2009

   An act to amend Section 18350 of, and to add Section 18350.5 to,
the Welfare and Institutions Code, relating to foster care, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 421, as amended, Beall. Seriously emotionally disturbed
children: out-of-home placement.
   Existing law requires payments, issued by county welfare
departments, for 24-hour out-of-home care to be provided on behalf of
any seriously emotionally disturbed child who has been placed out of
home pursuant to an individualized education program (IEP) developed
under a specified provision of existing law. Existing law restricts
payments for this purpose to children placed in privately operated
residential facilities licensed in accordance with the California
Community Care Facilities Act.
   This bill, until January 1, 2013, would authorize these payments
to be made to an out-of-state privately owned residential facility
that meets applicable licensing requirements, and that is organized
and operated on a for-profit basis, if specified conditions are met.
The bill would require the State Department of Mental Health 
and the State Department of Education   ,   in
collaboration with the California Mental Health Directors
Association,  to provide prescribed information to the
Legislature regarding the out-of-home placement of seriously
emotionally disturbed children.
   This bill would also deem reimbursable specified costs of care for
a seriously emotionally disturbed child with an individualized
education program developed on or before the date the bill is
enacted, that would otherwise satisfy the requirements of the bill.
   By increasing available placement options for seriously
emotionally disturbed children, this bill would require additional
duties of county welfare departments, and would thus impose a
state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares as
follows:  
   (a) As required by federal law, all schoolaged children are
legally required to receive a Free and Appropriate Public Education
(FAPE) for kindergarten and grades 1 to 12, inclusive (20 U.S.C. Sec.
1412(a)(1)).  
   (b) In accordance with federal law, California has delegated the
FAPE requirements to the counties (Chapter 2.5 (commencing with
Section 56195 of Part 30 of Division 4 of Title 2 of the Education
Code.  
   (c) Counties are sometimes required to place specified severely
emotionally disturbed children in the most appropriate placement to
accomplish the goal of FAPE.  
   (d) Counties recognize, in rare instances, that the most
appropriate placement may not be a nonprofit facility, but meets the
needs of the child, as required by federal law.  
   (e) It is the intent of the Legislature in enacting this act to
ensure that counties receive reimbursement for adherence to state and
federal law as they act in the best interest of the child.
   SECTION 1.   SEC. 2.   Section 18350 of
the Welfare and Institutions Code is amended to read:
   18350.  (a) Payments for 24-hour out-of-home care shall be
provided under this chapter on behalf of any seriously emotionally
disturbed child who has been placed out of home pursuant to an
individualized education program developed under Section 7572.5 of
the Government Code. These payments shall not constitute an aid
payment or aid program.
   (b) Payments shall only be made on behalf of children placed in
privately operated residential facilities  located in California
that are  licensed in accordance with the California Community
Care Facilities Act (Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code). 
   (c) (1) Payments shall only be made on behalf of children placed
in privately operated residential facilities that are located outside
of California that meet the licensing standards of that state, as
required under the Interstate Compact on the Placement of Children,
which is set forth in Section 7901 of the Family Code.  
   (2) This subdivision shall remain operative only until January 1,
2011.  
   (c) 
    (d)  Except as provided in Section 18350.5, payments for
care and supervision shall be based on rates established in
accordance with Sections 11460 to 11467, inclusive. 
   (d) 
    (e)  Payments for 24-hour out-of-home care under this
section shall not result in any cost to the seriously emotionally
disturbed child or his or her parent or parents.
   SEC. 2.   SEC. 3.   Section 18350.5 is
added to the Welfare and Institutions Code, to read:
   18350.5.  (a) Notwithstanding any other provision of law,
effective January 1, 2010, and until January 1, 2013, a payment
described by Section 18350 may be made to an out-of-state privately
operated residential facility that meets all applicable licensing
requirements of the state in which the facility is located, and that
is organized and operated on a for-profit basis, if either of the
following conditions is met:
   (1) The county or the local educational agency (LEA) placed the
child in a for-profit facility after due process proceedings were
initiated pursuant to Chapter 5 (commencing with Section 56500) of
Part 30 of the Education Code, and either of the following occurred:
   (A) Following a due process hearing, the hearing officer issued a
decision including a finding that, after a thorough search, no other
comparable private nonprofit or publicly licensed residential
facility was identified that is both willing to accept placement and
capable of providing an appropriate education in compliance with
federal and state special education law and other applicable
provisions.
   (B) A written mediation or settlement agreement was reached and
the agreement includes, but is not necessarily limited to,
documentation that a thorough search was conducted and no other
comparable private nonprofit or publicly licensed residential
facility was identified that is both willing to accept placement and
capable of providing an appropriate education in compliance with
federal and state special education law and other applicable
provisions.
   (2) The individualized education program team agreed, and the
placement was made, after a thorough search in which no other
comparable private nonprofit or publicly licensed residential care
facility was identified that is both willing to accept placement and
capable of meeting the child's needs in compliance with federal and
state special education and other applicable provisions. The agency
or agencies responsible for the child's placement shall document, as
part of the individualized education program process, their search
efforts and the reasons that no other placement option can be
identified for the child.
   (b) County reimbursement claims for placements pursuant to
subdivision (a) shall not exceed the cost of services provided.
   (c) Nothing in this section is intended to change existing
procedures, protections, or requirements applicable to the placement
of a child in an out-of-state  facility  
facility, including out-of-state community care licensing
requirements  .
   (d)  (1)    The State Department of Mental
 Health and the State Department of Education  
Health, in collaboration with the California Mental Health Directors
Association,  shall annually provide information to the
Legislature, during Senate and Assembly budget committee hearings,
regarding residential placements that may be affected by this
section. The information shall include, but not be limited to, all of
the following: 
   (1) 
    (A)  The annual number of in-state and out-of-state
placements of children with serious emotional disturbances in
nonprofit and in for-profit residential facilities. 
   (2) 
    (B)  The average length of stay of those children in
nonprofit and for-profit in-state and out-of-state facilities.

   (3) 
    (C)  The number of those children who were dependents,
wards, or children voluntarily placed in foster care at the time of
their placement into a nonprofit or for-profit residential facility.

   (2) To the extent that any county fails to voluntarily provide the
information described in paragraph (1), the department shall note
this failure as reason for the omission of information relevant to
that county. 
   SEC. 3.   SEC. 4.   (a) Notwithstanding
any other provision of law, with respect to the handicapped and
disabled students state-mandated local program, county reimbursement
claims submitted to the Controller for reimbursement for services
associated with providing, pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code,
allowable mental health treatment services required by, and state
reimbursement for 24-hour care of, a seriously emotionally disturbed
child placed out of home in an out-of-state for-profit residential
facility pursuant to an individualized education program developed
pursuant to Section 7572.5 of the Government Code, on or before the
date this section is enacted, and that otherwise satisfy the
requirements of this act, are deemed to be reimbursable. Placements
made pursuant to this act shall be authorized to the extent permitted
by federal law.
   (b) Subdivision (a) does not abridge the right of the Controller
to otherwise dispute claims on the basis of allowable costs. With the
exception of those costs claimed in excess of what is allowable,
claims that satisfy the requirements of subdivision (a) shall be
fully paid in the amount originally submitted. 
   (c) No new past claims shall be reimbursed pursuant to this
section. 
   SEC. 4.   SEC. 5.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
   SEC. 5.   SEC. 6.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure payment for necessary out-of-home care for
seriously emotionally disturbed children at the earliest possible
time, it is necessary for this act to take effect immediately.