Bill Text: CA AB421 | 2009-2010 | Regular Session | Amended
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 MAY 4, 2009
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, 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
school-aged 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 local education agencies and
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
(c) Local education agencies and
counties recognize, in rare instances, that the most
only available appropriate placement may not be
a nonprofit facility, but meets the needs of the child, as required
by federal law.
(e)
(d) 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 in ensuring that every child receives a
free and appropriate public education .
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.
(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.
(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. 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, including out-of-state
community care licensing requirements.
(d) (1) The State Department of Mental 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:
(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.
(B) The average length of stay of those children in nonprofit and
for-profit in-state and out-of-state facilities.
(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.
(D) The number of substantiated reports to counties of serious
injuries requiring medical treatment of children in nonprofit and
for-profit facilities, both in-state and out-of-state.
(2) To the extent that any a 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. 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. 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. 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.
