Bill Text: CA SB238 | 2015-2016 | Regular Session | Chaptered
Bill Title: Foster care: psychotropic medication.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2015-10-06 - Chaptered by Secretary of State. Chapter 534, Statutes of 2015. [SB238 Detail]
Download: California-2015-SB238-Chaptered.html
BILL NUMBER: SB 238 CHAPTERED
BILL TEXT
CHAPTER 534
FILED WITH SECRETARY OF STATE OCTOBER 6, 2015
APPROVED BY GOVERNOR OCTOBER 6, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN ASSEMBLY AUGUST 28, 2015
AMENDED IN ASSEMBLY JULY 1, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 7, 2015
AMENDED IN SENATE MARCH 24, 2015
INTRODUCED BY Senators Mitchell and Beall
(Coauthors: Assembly Members Chiu, Gatto, Gordon, and Rodriguez)
FEBRUARY 17, 2015
An act to amend Sections 1522.41 and 1529.2 of the Health and
Safety Code, and to amend Sections 304.7, 317, 369.5, 739.5, 16003,
16206, and 16501.3 of, and to add Section 16501.4 to, the Welfare and
Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 238, Mitchell. Foster care: psychotropic medication.
Existing law authorizes only a juvenile court judicial officer to
make orders regarding the administration of psychotropic medications
for a dependent child or a ward of the court who has been removed
from the physical custody of his or her parent, as specified.
Existing law requires court authorization for the administration of
psychotropic medication to be based on a request from a physician,
indicating the reasons for the request, a description of the child's
or ward's diagnosis and behavior, the expected results of the
medication, and a description of any side effects of the medication.
Existing law requires the officer to approve or deny the request for
authorization to administer psychotropic medication, or set the
matter for hearing, as specified, within 7 court days. Existing law
requires the Judicial Council to adopt rules of court and develop
appropriate forms for the implementation of these provisions.
This bill would require the Judicial Council, on or before July 1,
2016, to amend and adopt rules of court and develop appropriate
forms for the implementation of these provisions, in consultation
with the State Department of Social Services, the State Department of
Health Care Services, and specified stakeholders. The bill would
require the rules of court and forms to address, among other things,
that the child or ward and his or her caregiver and court-appointed
special advocate, if any, have an opportunity to provide input on the
medications being prescribed, and would require the rules of court
and forms to include a process for periodic oversight by the court of
orders regarding the administration of psychotropic medications. The
bill would also require a county child welfare department, probation
agency, or other person who requests authorization for the
administration of psychotropic medication to provide the child's
caregiver with a copy of the resulting court order, thereby imposing
a state-mandated local program.
This bill would also require the State Department of Social
Services, in consultation with specified parties, to develop and
distribute a monthly report to each county placing agency that is a
signatory to a specified data sharing agreement, and would require
this report to include specified information regarding each child for
whom one or more psychotropic medications have been paid for under
Medi-Cal, including, among others things, the psychotropic
medications that have been authorized for the child. The bill would
also require a county placing agency to share information pertaining
to the child with the juvenile court, the child's attorney, the
county department of behavioral health, and the child's
court-appointed special advocate, if one has been appointed. By
imposing additional duties on county employees, the bill would impose
a state-mandated local program.
Existing law requires certain individuals involved in the care and
oversight of children in foster care, including group home
administrators, foster parents, relative caregivers, nonrelative
extended family member caregivers, social workers, judges, and
attorneys, to receive training on various topics.
This bill would require the training to include training developed
by the State Department of Social Services, in consultation with
specified parties, regarding the authorization, uses, risks,
benefits, assistance with self-administration, oversight, and
monitoring of psychotropic medications, trauma, and substance use
disorder and mental health treatments for those children. The bill
would also require foster care public health nurses to receive this
training. By imposing additional training requirements on social
workers and public health nurses, the bill would impose a
state-mandated local program.
This bill would incorporate additional changes proposed by AB 224,
AB 403, SB 319, and SB 794, which would become operative only if
this bill is chaptered last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.41 of the Health and Safety Code is
amended to read:
1522.41. (a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Health Care Services, and the Director of Developmental
Services, shall develop and establish a certification program to
ensure that administrators of group home facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home facility
shall successfully complete a department-approved certification
program, pursuant to subdivision (c), prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
(2) In those cases when the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4 of the Welfare and Institutions
Code.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Administration, storage, misuse, and interaction of medication
used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
(3) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after being
notified of having passed the test. The department may extend these
time deadlines for good cause. The department shall notify the
applicant of his or her test results within 30 days of administering
the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home facility administrator
and who is required to complete the continuing education hours
required by the regulations of the State Department of Developmental
Services, and approved by the regional center, may have up to 24 of
the required continuing education course hours credited toward the
40-hour continuing education requirement of this section. Community
college course hours approved by the regional centers shall be
accepted by the department for certification.
(2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and shall
pay a fee in an amount equal to the renewal fee, plus the delinquency
fee, if any, accrued at the time of its revocation or suspension.
Delinquency fees, if any, accrued subsequent to the time of its
revocation or suspension and prior to an order for reinstatement,
shall be waived for a period of 12 months to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours for
continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in any of
the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may deny
vendorization to this type of agency only as long as there are other
vendor programs available to conduct the certification training
programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the requirements of this section, the
department shall take appropriate action to bring the program into
compliance, which may include removing the vendor from the approved
list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
(k) Notwithstanding any law to the contrary, vendors approved by
the department who exclusively provide either initial or continuing
education courses for certification of administrators of a group home
facility as defined by regulations of the department, an adult
residential facility as defined by regulations of the department, or
a residential care facility for the elderly as defined in subdivision
(k) of Section 1569.2, shall be regulated solely by the department
pursuant to this chapter. No other state or local governmental entity
shall be responsible for regulating the activity of those vendors.
SEC. 1.5. Section 1522.41 of the Health and Safety Code is amended
to read:
1522.41. (a) (1) The department, in consultation and
collaboration with county placement officials, group home provider
organizations, the Director of Health Care Services, and the Director
of Developmental Services, shall develop and establish an
administrator certification training program to ensure that
administrators of group home facilities have appropriate training to
provide the care and services for which a license or certificate is
issued.
(2) The department shall develop and establish an administrator
certification training program to ensure that administrators of
short-term residential treatment center facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home or
short-term residential treatment center shall successfully complete a
specified department-approved training certification program,
pursuant to subdivision (c), prior to employment.
(2) In those cases when the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any
change in administrators.
(c) (1) The administrator certification programs for group homes
shall require a minimum of 40 hours of classroom instruction that
provides training on a uniform core of knowledge in each of the
following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents,
including, but not limited to, the information described in
subdivision (d) of Section 16501.4 of the Welfare and Institutions
Code.
(E) Community and support services.
(F) Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and
interaction of medication used by facility residents.
(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(2) The administrator certification programs for short-term
residential treatment centers shall require a minimum of 40 hours of
classroom instruction that provides training on a uniform core of
knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations and management and supervision of staff,
including staff training.
(C) Physical and psychosocial needs of the children, including
behavior management, deescalation techniques, and trauma informed
crisis management planning.
(D) Permanence, well-being, and educational needs of the children.
(E) Community and support services, including accessing local
behavioral and mental health supports and interventions, substance
use disorder treatments, and culturally relevant services, as
appropriate.
(F) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, uses, benefits, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(G) Admission, retention, and assessment procedures, including the
right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(H) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.
(I) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(d) Administrators who possess a valid group home license, issued
by the department, are exempt from completing an approved initial
certification training program and taking a written test, provided
the individual completes 12 hours of classroom instruction in the
following uniform core of knowledge areas:
(1) Laws, regulations, and policies and procedural standards that
impact the operations of a short-term residential treatment center.
(2) (A) Authorization, uses, benefits, side effects, interactions,
assistance with self-administration, misuse, documentation, and
storage of medications.
(B) Metabolic monitoring of children prescribed psychotropic
medications.
(3) Admission, retention, and assessment procedures, including the
right of a foster child to have fair and equal access to all
available services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(4) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children as including
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership, and
connection to the tribal community and traditions.
(5) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(6) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma informed
crisis management planning.
(e) Individuals applying for administrator certification under
this section shall successfully complete an approved administrator
certification training program, pass a written test administered by
the department within 60 days of completing the program, and submit
to the department the documentation required by subdivision (f)
within 30 days after being notified of having passed the test. The
department may extend these time deadlines for good cause. The
department shall notify the applicant of his or her test results
within 30 days of administering the test.
(f) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
(5) That person is at least 21 years of age.
(g) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home or short-term residential treatment center. Any
person willfully making any false representation as being a certified
administrator or facility manager is guilty of a misdemeanor.
(h) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home or short-term residential
treatment center administrator and who is required to complete the
continuing education hours required by the regulations of the State
Department of Developmental Services, and approved by the regional
center, may have up to 24 of the required continuing education course
hours credited toward the 40-hour continuing education requirement
of this section. The department shall accept for certification,
community college course hours approved by the regional centers.
(2) Every administrator of a group home or short-term residential
treatment center shall complete the continuing education requirements
of this subdivision.
(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following
certification. The department shall send a
renewal notice to the certificate holder 90 days prior to the
expiration date of the certificate. If the certificate is not renewed
prior to its expiration date, reinstatement shall only be permitted
after the certificate holder has paid a delinquency fee equal to
three times the renewal fee and has provided evidence of completion
of the continuing education required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of this subdivision, and shall
pay a fee in an amount equal to the renewal fee, plus the
delinquency fee, if any, accrued at the time of its revocation or
suspension. Delinquency fees, if any, accrued subsequent to the time
of its revocation or suspension and prior to an order for
reinstatement, shall be waived for a period of 12 months to allow the
individual sufficient time to complete the required continuing
education units and to submit the required documentation. Individuals
whose certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
(i) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
(1) The department has revoked any license held by the
administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
(j) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
administrator certification training programs, and criteria to be
used in authorizing individuals, organizations, or educational
institutions to conduct certification training programs and
continuing education courses. The department may also grant
continuing education hours for continuing courses offered by
accredited educational institutions that are consistent with the
requirements in this section. The department may deny vendor approval
to any agency or person in any of the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department.
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group homes or
short-term residential treatment centers.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes or short-term residential treatment centers and to pay directly
for the services. The department may deny vendorization to this type
of agency only as long as there are other vendor programs available
to conduct the certification training programs and conduct education
courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect administrator certification
training programs and continuing education courses, including online
courses, at no charge to the department, to determine if content and
teaching methods comply with regulations. If the department
determines that any vendor is not complying with the requirements of
this section, the department shall take appropriate action to bring
the program into compliance, which may include removing the vendor
from the approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(l) Notwithstanding any law to the contrary, vendors approved by
the department who exclusively provide either initial or continuing
education courses for certification of administrators of a group home
or short-term residential treatment center as defined by regulations
of the department, an adult residential facility as defined by
regulations of the department, or a residential care facility for the
elderly as defined in subdivision (k) of Section 1569.2, shall be
regulated solely by the department pursuant to this chapter. No other
state or local governmental entity shall be responsible for
regulating the activity of those vendors.
SEC. 2. Section 1529.2 of the Health and Safety Code is amended to
read:
1529.2. (a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.
(b) (1) Every licensed foster parent shall complete a minimum of
12 hours of foster parent training, as prescribed in paragraph (3),
before the placement of any foster children with the foster parent.
In addition, a foster parent shall complete a minimum of eight hours
of foster parent training annually, as prescribed in paragraph (4).
No child shall be placed in a foster family home unless these
requirements are met by the persons in the home who are serving as
the foster parents.
(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request for
an extension of the deadline, the county may, at its option, on a
case-by-case basis, waive the postplacement training requirement or
extend any established deadline for a period not to exceed one year,
if the postplacement training requirement presents a severe and
unavoidable obstacle to continuing as a foster parent. Obstacles for
which a county may grant a hardship waiver or extension are:
(i) Lack of access to training due to the cost or travel required.
(ii) Family emergency.
(B) Before a waiver or extension may be granted, the foster parent
should explore the opportunity of receiving training by video or
written materials.
(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(E) Accessing education and health services available to foster
children.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:
(A) Age-appropriate child development.
(B) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association's
conference, adult schools, and certified foster parent instructors.
(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.
(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent training
in excess of the requirements in this section.
SEC. 2.1. Section 1529.2 of the Health and Safety Code is amended
to read:
1529.2. (a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.
(b) (1) Every licensed foster parent shall complete a minimum of
12 hours of foster parent training, as prescribed in paragraph (3),
before the placement of any foster children with the foster parent.
In addition, a foster parent shall complete a minimum of eight hours
of foster parent training annually, as prescribed in paragraph (4).
No child shall be placed in a foster family home unless these
requirements are met by the persons in the home who are serving as
the foster parents.
(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request for
an extension of the deadline, the county may, at its option, on a
case-by-case basis, waive the postplacement training requirement or
extend any established deadline for a period not to exceed one year,
if the postplacement training requirement presents a severe and
unavoidable obstacle to continuing as a foster parent. Obstacles for
which a county may grant a hardship waiver or extension are:
(i) Lack of access to training due to the cost or travel required.
(ii) Family emergency.
(B) Before a waiver or extension may be granted, the foster parent
should explore the opportunity of receiving training by video or
written materials.
(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(E) Accessing education and health services available to foster
children.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity relating to
best practices for providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:
(A) Age-appropriate child development.
(B) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association's
conference, adult schools, and certified foster parent instructors.
(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.
(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent training
in excess of the requirements in this section.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2.2. Section 1529.2 is added to the Health and Safety Code,
to read:
1529.2. (a) It is the intent of the Legislature that all foster
parents have the necessary knowledge, skills, and abilities to
support the safety, permanency, and well-being of children in foster
care. Initial and ongoing preparation and training of foster parents
should support the foster parent's role in parenting vulnerable
children, youth, and young adults, including supporting the children'
s connection with their families. Their training should be ongoing in
order to provide foster parents with information on new practices
and requirements and other helpful topics within the child welfare
and probation systems and may be offered in a classroom setting,
online, or individually.
(b) A licensed or certified foster parent shall complete a minimum
of eight training hours annually, a portion of which shall be from
one or more of the following topics, as prescribed by the department,
pursuant to subdivision (a):
(1) Age-appropriate child and adolescent development.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4 of
the Welfare and Institutions Code.
(3) Positive discipline and the importance of self-esteem.
(4) Preparation of children and youth for a successful transition
to adulthood.
(5) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(6) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(c) In addition to any training required by this section, a foster
parent may be required to receive specialized training, as relevant,
for the purpose of preparing the foster parent to meet the needs of
a particular child in care. This training may include, but is not
limited to, the following:
(1) Understanding how to use best practices for providing care and
supervision to commercially sexually exploited children.
(2) Understanding cultural needs of children, including, but not
limited to, cultural competency and sensitivity and related best
practices for providing adequate care to children across diverse
ethnic and racial backgrounds, as well as children identifying as
lesbian, gay, bisexual, or transgender.
(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic medications.
(4) Understanding the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting
culturally appropriate, child-centered practices that respect Native
American history, culture, retention of tribal membership and
connection to the tribal community and traditions.
(5) Understanding how to use best practices for providing care and
supervision to nonminor dependents.
(6) Understanding how to use best practices for providing care and
supervision to children with special health care needs.
(d) No child shall be placed with a foster parent unless each
foster parent in the home meets the requirements of this section.
(e) (1) Upon the request of the licensed or certified foster
parent for a hardship waiver from the annual training requirement or
a request for an extension of the deadline, the county may, at its
option, on a case-by-case basis, waive the training requirement or
extend any established deadline for a period not to exceed one year,
if the training requirement presents a severe and unavoidable
obstacle to continuing as a foster parent.
(2) Obstacles for which a county may grant a hardship waiver or
extension are:
(A) Lack of access to training due to the cost or travel required
or lack of child care to participate in the training, when online
resources are not available.
(B) Family emergency.
(3) Before a waiver or extension may be granted, the licensed or
certified foster parent should explore the opportunity of receiving
training online or by video or written materials.
(f) (1) Foster parent training may be obtained through sources
that include, but are not necessarily limited to, community colleges,
counties, hospitals, foster parent associations, the California
State Foster Parent Association's Conference, online resources, adult
schools, and certified foster parent instructors.
(2) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program of
training for their certified foster families.
(g) (1) Training certificates shall be submitted to the
appropriate licensing or foster family agency.
(2) Upon completion, a licensed or certified parent shall submit a
certificate of completion for the annual training requirements.
(h) Nothing in this section shall preclude a county or a foster
family agency from requiring foster parent training in excess of the
requirements in this section.
(i) This section shall become operative on January 1, 2017.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 3. Section 304.7 of the Welfare and Institutions Code is
amended to read:
304.7. (a) The Judicial Council shall develop and implement
standards for the education and training of all judges who conduct
hearings pursuant to Section 300. The training shall include, but not
be limited to, all of the following:
(1) A component relating to Section 300 proceedings for newly
appointed or elected judges and an annual training session in Section
300 proceedings.
(2) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth.
(3) The information described in subdivision (d) of Section
16501.4.
(b) A commissioner or referee who is assigned to conduct hearings
held pursuant to Section 300 shall meet the minimum standards for
education and training established pursuant to subdivision (a), by
July 31, 1998.
(c) The Judicial Council shall submit an annual report to the
Legislature on compliance by judges, commissioners, and referees with
the education and training standards described in subdivisions (a)
and (b).
SEC. 4. Section 317 of the Welfare and Institutions Code is
amended to read:
317. (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of Section 1912(b) of Title 25 of the United States
Code and Section 23.13 of Title 25 of the Code of Federal Regulations
shall apply.
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
(c) (1) If a child or nonminor dependent is not represented by
counsel, the court shall appoint counsel for the child or nonminor
dependent, unless the court finds that the child or nonminor
dependent would not benefit from the appointment of counsel. The
court shall state on the record its reasons for that finding.
(2)
A primary responsibility of counsel appointed to represent a child
or nonminor dependent pursuant to this section shall be to advocate
for the protection, safety, and physical and emotional well-being of
the child or nonminor dependent.
(3) Counsel may be a district attorney, public defender, or other
member of the bar, provided that he or she does not represent another
party or county agency whose interests conflict with the child's or
nonminor dependent's interests. The fact that the district attorney
represents the child or nonminor dependent in a proceeding pursuant
to Section 300 as well as conducts a criminal investigation or files
a criminal complaint or information arising from the same or
reasonably related set of facts as the proceeding pursuant to Section
300 is not in and of itself a conflict of interest.
(4) The court may fix the compensation for the services of
appointed counsel.
(5) (A) The appointed counsel shall have a caseload and training
that ensures adequate representation of the child or nonminor
dependent. The Judicial Council shall promulgate rules of court that
establish caseload standards, training requirements, and guidelines
for appointed counsel for children and shall adopt rules as required
by Section 326.5 no later than July 1, 2001.
(B) The training requirements imposed pursuant to subparagraph (A)
shall include instruction on both of the following:
(i) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth in out-of-home care.
(ii) The information described in subdivision (d) of Section
16501.4.
(d) Counsel shall represent the parent, guardian, child, or
nonminor dependent at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, child, or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a nonminor
dependent, as described in subdivision (v) of Section 11400, no
representation by counsel shall be provided for a parent, unless the
parent is receiving court-ordered family reunification services.
(e) (1) Counsel shall be charged in general with the
representation of the child's interests. To that end, counsel shall
make or cause to have made any further investigations that he or she
deems in good faith to be reasonably necessary to ascertain the
facts, including the interviewing of witnesses, and shall examine and
cross-examine witnesses in both the adjudicatory and dispositional
hearings. Counsel may also introduce and examine his or her own
witnesses, make recommendations to the court concerning the child's
welfare, and participate further in the proceedings to the degree
necessary to adequately represent the child. When counsel is
appointed to represent a nonminor dependent, counsel is charged with
representing the wishes of the nonminor dependent except when
advocating for those wishes conflicts with the protection or safety
of the nonminor dependent. If the court finds that a nonminor
dependent is not competent to direct counsel, the court shall appoint
a guardian ad litem for the nonminor dependent.
(2) If the child is four years of age or older, counsel shall
interview the child to determine the child's wishes and assess the
child's well-being, and shall advise the court of the child's wishes.
Counsel shall not advocate for the return of the child if, to the
best of his or her knowledge, return of the child conflicts with the
protection and safety of the child.
(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.
(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:
(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (b) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel's foster child clients in the county of jurisdiction.
(ii) If counsel is part of a firm or organization representing
foster children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or persons
within the firm or organization to receive communications from
educational liaisons.
(B) The child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney to the child's local educational
agency.
(C) Counsel for the child and counsel's agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in
custody, and the projected likely date for the child's return home,
placement for adoption, or legal guardianship. Nothing in this
paragraph shall be construed to prohibit counsel from making other
disclosures pursuant to this subdivision, as appropriate.
(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph (C)
of paragraph (4) and paragraph (5) are declaratory of existing law.
(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.
(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child is
over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care
facility, as defined in Section 1545 of the Penal Code, health care
providers, as defined in Section 6146 of the Business and Professions
Code, a physician and surgeon or other health practitioner, as
defined in former Section 11165.8 of the Penal Code, as that section
read on January 1, 2000, or a child care custodian, as defined in
former Section 11165.7 of the Penal Code, as that section read on
January 1, 2000. Notwithstanding any other law, counsel shall be
given access to all records relevant to the case that are maintained
by state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child's guardian ad litem, shall be provided to
the child's counsel within 30 days of the request.
(g) In a county of the third class, if counsel is to be provided
to a child at the county's expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after making a
finding of good cause and stating the reasons therefor on the
record.
(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county's
expense, the court shall first use the services of the alternate
public defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
SEC. 4.5. Section 317 of the Welfare and Institutions Code is
amended to read:
317. (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of Section 1912(b) of Title 25 of the United States
Code and Section 23.13 of Title 25 of the Code of Federal Regulations
shall apply.
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
(c) (1) If a child or nonminor dependent is not represented by
counsel, the court shall appoint counsel for the child or nonminor
dependent, unless the court finds that the child or nonminor
dependent would not benefit from the appointment of counsel. The
court shall state on the record its reasons for that finding.
(2) A primary responsibility of counsel appointed to represent a
child or nonminor dependent pursuant to this section shall be to
advocate for the protection, safety, and physical and emotional
well-being of the child or nonminor dependent.
(3) Counsel may be a district attorney, public defender, or other
member of the bar, provided that he or she does not represent
another party or county agency whose interests conflict with the
child's or nonminor dependent's interests. The fact that the district
attorney represents the child or nonminor dependent in a proceeding
pursuant to Section 300 as well as conducts a criminal investigation
or files a criminal complaint or information arising from the same or
reasonably related set of facts as the proceeding pursuant to
Section 300 is not in and of itself a conflict of interest.
(4) The court may fix the compensation for the services of
appointed counsel.
(5) (A) The appointed counsel shall have a caseload and training
that ensures adequate representation of the child or nonminor
dependent. The Judicial Council shall promulgate rules of court that
establish caseload standards, training requirements, and guidelines
for appointed counsel for children and shall adopt rules as required
by Section 326.5 no later than July 1, 2001.
(B) The training requirements imposed pursuant to subparagraph (A)
shall include instruction on both of the following:
(i) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth in out-of-home care.
(ii) The information described in subdivision (d) of Section
16501.4.
(d) Counsel shall represent the parent, guardian, child, or
nonminor dependent at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, child, or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a nonminor
dependent, as described in subdivision (v) of Section 11400, no
representation by counsel shall be provided for a parent, unless the
parent is receiving court-ordered family reunification services.
(e) (1) Counsel shall be charged in general with the
representation of the child's interests. To that end, counsel shall
make or cause to have made any further investigations that he or she
deems in good faith to be reasonably necessary to ascertain the
facts, including the interviewing of witnesses, and shall examine and
cross-examine witnesses in both the adjudicatory and dispositional
hearings. Counsel may also introduce and examine his or her own
witnesses, make recommendations to the court concerning the child's
welfare, and participate further in the proceedings to the degree
necessary to adequately represent the child. When counsel is
appointed to represent a nonminor dependent, counsel is charged with
representing the wishes of the nonminor dependent except when
advocating for those wishes conflicts with the protection or safety
of the nonminor dependent. If the court finds that a nonminor
dependent is not competent to direct counsel, the court shall appoint
a guardian ad litem for the nonminor dependent.
(2) If the child is four years of age or older, counsel shall
interview the child to determine the child's wishes and assess the
child's well-being, and shall advise the court of the child's wishes.
Counsel shall not advocate for the return of the child if, to the
best of his or her knowledge, return of the child conflicts with the
protection and safety of the child.
(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.
(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:
(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (c) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel's foster child clients in the county of jurisdiction.
(ii) If counsel is part of a firm or organization representing
foster children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or persons
within the firm or organization to receive communications from
educational liaisons.
(B) The child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney to the child's local educational
agency.
(C) Counsel for the child and counsel's agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in
custody, and the projected likely date for the child's return home,
placement for adoption, or legal guardianship. Nothing in this
paragraph shall be construed to prohibit counsel from making other
disclosures pursuant to this subdivision, as appropriate.
(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph (C)
of paragraph (4) and paragraph (5) are declaratory of existing law.
(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.
(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child is
over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care
facility, as defined in Section 1545 of the Penal Code, health care
providers, as defined in Section 6146 of the Business and Professions
Code, a physician and surgeon or other health practitioner, as
defined in former Section 11165.8 of the Penal Code, as that section
read on January 1, 2000, or a child care custodian, as defined in
former Section 11165.7 of the Penal Code, as that section read on
January 1, 2000. Notwithstanding any other law, counsel shall be
given access to all records relevant to the case that are maintained
by state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child's guardian ad litem, shall be provided to
the child's counsel within 30 days of the request.
(g) In a county of the third class, if counsel is to be provided
to a child at the county's expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after making a
finding of good cause and stating the reasons therefor on the
record.
(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county's
expense, the court shall first use the services of the alternate
public defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
SEC. 5. Section 369.5 of the Welfare and Institutions Code is
amended to read:
369.5. (a) (1) If a child is adjudged a dependent child of the
court under Section 300 and the child has been removed from the
physical custody of the parent under Section 361, only a juvenile
court judicial officer shall have authority to make orders regarding
the administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications. Court authorization for the administration of
psychotropic medication shall be based on a request from a physician,
indicating the reasons for the request, a description of the child's
diagnosis and behavior, the expected results of the medication, and
a description of any side effects of the medication.
(2) (A) On or before July 1, 2016, the Judicial Council shall
amend and adopt rules of court and develop appropriate forms for the
implementation of this section, in consultation with the State
Department of Social Services, the State Department of Health Care
Services, and stakeholders, including, but not limited to, the County
Welfare Directors Association of California, the County Behavioral
Health Directors Association of California, the Chief Probation
Officers of California, associations representing current and former
foster children, caregivers, and children's attorneys. This effort
shall be undertaken in coordination with the updates required under
paragraph (2) of subdivision (a) of Section 739.5.
(B) The rules of court and forms developed pursuant to
subparagraph (A) shall address all of the following:
(i) The child and his or her caregiver and court-appointed special
advocate, if any, have an opportunity to provide input on the
medications being prescribed.
(ii) Information regarding the child's overall mental health
assessment and treatment plan is provided to the court.
(iii) Information regarding the rationale for the proposed
medication, provided in the context of past and current treatment
efforts, is provided to the court. This information shall include,
but not be limited to, information on other pharmacological and
nonpharmacological treatments that have been utilized and the child's
response to those treatments, a discussion of symptoms not
alleviated or ameliorated by other current or past treatment efforts,
and an explanation of how the psychotropic medication being
prescribed is expected to improve the child's symptoms.
(iv) Guidance is provided to the court on how to evaluate the
request for authorization, including how to proceed if information,
otherwise required to be included in a request for authorization
under this section, is not included in a request for authorization
submitted to the court.
(C) The rules of court and forms developed pursuant to
subparagraph (A) shall include a process for periodic oversight by
the court of orders regarding the administration of psychotropic
medications that includes the caregiver's and child's observations
regarding the effectiveness of the medication and side effects,
information on medication management appointments and other followup
appointments with medical practitioners, and information on the
delivery of other mental health treatments that are a part of the
child's overall treatment plan. The periodic oversight shall be
facilitated by the county social worker, public health nurse, or
other appropriate county staff. This oversight process shall be
conducted in conjunction with other regularly scheduled court
hearings and reports provided to the court by the county child
welfare agency.
(b) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(c) (1) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
(2) Notwithstanding Section 827 or any other law, upon the
approval or denial by the juvenile court judicial officer of a
request for authorization for the administration of psychotropic
medication, the county child welfare agency or other person or entity
who submitted the request shall provide a copy of the court order
approving or denying the request to the child's caregiver.
(d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(f) This section does not apply to nonminor dependents, as defined
in subdivision (v) of Section 11400.
SEC. 6. Section 739.5 of the Welfare and Institutions Code is
amended to read:
739.5. (a) (1) If a minor who has been adjudged a ward of the
court under Section 601 or 602 is removed from the physical custody
of the parent under Section 726 and placed into foster care, as
defined in Section 727.4, only a juvenile court judicial officer
shall have authority to make orders regarding the administration of
psychotropic medications for that minor. The juvenile court may issue
a specific order delegating this authority to a parent upon making
findings on the record that the parent poses no danger to the minor
and has the capacity to authorize psychotropic medications. Court
authorization for the administration of psychotropic medication shall
be based on a request from a physician, indicating the reasons for
the request, a description of the minor's diagnosis and behavior, the
expected results of the medication, and a description of any side
effects of the medication.
(2) (A) On or before July 1, 2016, the Judicial Council shall
amend and adopt rules of court and develop appropriate forms for the
implementation of this section, in consultation with the State
Department of Social Services, the State Department of Health Care
Services, and stakeholders, including, but not limited to, the County
Welfare Directors
Association of California, the County Behavioral Health Directors
Association of California, the Chief Probation Officers of
California, associations representing current and former foster
children, caregivers, and minor's attorneys. This effort shall be
undertaken in coordination with the updates required under paragraph
(2) of subdivision (a) of Section 369.5.
(B) The rules of court and forms developed pursuant to
subparagraph (A) shall address all of the following:
(i) The minor and his or her caregiver and court-appointed special
advocate, if any, have an opportunity to provide input on the
medications being prescribed.
(ii) Information regarding the minor's overall mental health
assessment and treatment plan is provided to the court.
(iii) Information regarding the rationale for the proposed
medication, provided in the context of past and current treatment
efforts, is provided to the court. This information shall include,
but not be limited to, information on other pharmacological and
nonpharmacological treatments that have been utilized and the minor's
response to those treatments, a discussion of symptoms not
alleviated or ameliorated by other current or past treatment efforts,
and an explanation of how the psychotropic medication being
prescribed is expected to improve the minor's symptoms.
(iv) Guidance is provided to the court on how to evaluate the
request for authorization, including how to proceed if information,
otherwise required to be included in a request for authorization
under this section, is not included in a request for authorization
submitted to the court.
(C) The rules of court and forms developed pursuant to
subparagraph (A) shall include a process for periodic oversight by
the court of orders regarding the administration of psychotropic
medications that includes the caregiver's and minor's observations
regarding the effectiveness of the medication and side effects,
information on medication management appointments and other followup
appointments with medical practitioners, and information on the
delivery of other mental health treatments that are a part of the
minor's overall treatment plan. This oversight process shall be
conducted in conjunction with other regularly scheduled court
hearings and reports provided to the court by the county probation
agency.
(b) (1) The agency that completes the request for authorization
for the administration of psychotropic medication is encouraged to
complete the request within three business days of receipt from the
physician of the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(c) (1) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the minor, or shall,
upon a request by the parent, the legal guardian, or the minor's
attorney, or upon its own motion, set the matter for hearing.
(2) Notwithstanding Section 827 or any other law, upon the
approval or denial by the juvenile court judicial officer of a
request for authorization for the administration of psychotropic
medication, the county probation agency or other person or entity who
submitted the request shall provide a copy of the court order
approving or denying the request to the minor's caregiver.
(d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(f) This section does not apply to nonminor dependents, as defined
in subdivision (v) of Section 11400.
SEC. 7. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 7.1. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caregiver as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 7.2. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 7.3. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caregiver as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child. The training shall include, but is
not limited to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Child and adolescent development, including sexual
orientation, gender identity, and expression.
(2) Health issues in foster care, including, but not limited to,
the information described in subdivision (d) of Section 16501.4.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in Article
3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.
(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety Code.
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 8. Section 16206 of the Welfare and Institutions Code is
amended to read:
16206. (a) The purpose of the program is to develop and implement
statewide coordinated training programs designed specifically to
meet the needs of county child protective services social workers
assigned emergency response, family maintenance, family
reunification, permanent placement, and adoption responsibilities. It
is the intent of the Legislature that the program include training
for other agencies under contract with county welfare departments to
provide child welfare services. In addition, the program shall
provide training programs for persons defined as a mandated reporter
pursuant to the Child Abuse
and Neglect Reporting Act (Article 2.5 (commencing with
Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).
The program shall provide the services required in this section to
the extent possible within the total allocation. If allocations are
insufficient, the department, in consultation with the grantee or
grantees and the Child Welfare Training Advisory Board, shall
prioritize the efforts of the program, giving primary attention to
the most urgently needed services. County child protective services
social workers assigned emergency response responsibilities shall
receive first priority for training pursuant to this section.
(b) The training program shall provide practice-relevant training
for mandated child abuse reporters and all members of the child
welfare delivery system that will address critical issues affecting
the well-being of children, and shall develop curriculum materials
and training resources for use in meeting staff development needs of
mandated child abuse reporters and child welfare personnel in public
and private agency settings.
(c) The training provided pursuant to this section shall include
all of the following:
(1) Crisis intervention.
(2) Investigative techniques.
(3) Rules of evidence.
(4) Indicators of abuse and neglect.
(5) Assessment criteria, including the application of guidelines
for assessment of relatives for placement according to the criteria
described in Section 361.3.
(6) Intervention strategies.
(7) Legal requirements of child protection, including requirements
of child abuse reporting laws.
(8) Case management.
(9) Use of community resources.
(10) Information regarding the dynamics and effects of domestic
violence upon families and children, including indicators and
dynamics of teen dating violence.
(11) Posttraumatic stress disorder and the causes, symptoms, and
treatment of posttraumatic stress disorder in children.
(12) The importance of maintaining relationships with individuals
who are important to a child in out-of-home placement, including
methods to identify those individuals, consistent with the child's
best interests, including, but not limited to, asking the child about
individuals who are important, and ways to maintain and support
those relationships.
(13) The legal duties of a child protective services social
worker, in order to protect the legal rights and safety of children
and families from the initial time of contact during investigation
through treatment.
(14) The information described in subdivision (d) of Section
16501.4.
(d) The training provided pursuant to this section may also
include any or all of the following:
(1) Child development and parenting.
(2) Intake, interviewing, and initial assessment.
(3) Casework and treatment.
(4) Medical aspects of child abuse and neglect.
(e) The training program in each county shall assess the program's
performance at least annually and forward it to the State Department
of Social Services for an evaluation. The assessment shall include,
at a minimum, all of the following:
(1) Workforce data, including education, qualifications, and
demographics.
(2) The number of persons trained.
(3) The type of training provided.
(4) The degree to which the training is perceived by participants
as useful in practice.
(5) Any additional information or data deemed necessary by the
department for reporting, oversight, and monitoring purposes.
(f) The training program shall provide practice-relevant training
to county child protective services social workers who screen
referrals for child abuse or neglect and for all workers assigned to
provide emergency response, family maintenance, family reunification,
and permanent placement services. The training shall be developed in
consultation with the Child Welfare Training Advisory Board and
domestic violence victims' advocates and other public and private
agencies that provide programs for victims of domestic violence or
programs of intervention for perpetrators.
SEC. 9. Section 16501.3 of the Welfare and Institutions Code is
amended to read:
16501.3. (a) The State Department of Social Services shall
establish and maintain a program of public health nursing in the
child welfare services program that meets the federal requirements
for the provision of health care to minor and nonminor dependents in
foster care consistent with Section 30026.5 of the Government Code.
The purpose of the public health nursing program shall be to
identify, respond to, and enhance the physical, mental, dental, and
developmental well-being of children in the child welfare system.
(b) Under this program, counties shall use the services of a
foster care public health nurse. The foster care public health nurse
shall work with the appropriate child welfare services workers to
coordinate health care services and serve as a liaison with health
care professionals and other providers of health-related services.
This shall include coordination with county mental health plans and
local health jurisdictions, as appropriate.
(c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
(1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
(2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
(3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
(4) Providing followup contact to assess the child's progress in
meeting treatment goals.
(5) At the request of and under the direction of a nonminor
dependent, as described in subdivision (v) of Section 11400, assist
the nonminor dependent in accessing physical health and mental health
care, coordinating the delivery of health and mental health care
services, advocating for the health and mental health care that meets
the needs of the nonminor dependent, and to assist the nonminor
dependent to assume responsibility for his or her ongoing physical
and mental health care management.
(d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.
(2) Commencing in the fiscal year immediately following the fiscal
year in which the necessary federal approval pursuant to paragraph
(1) is secured, county child welfare agencies shall provide health
care oversight and coordination services pursuant to this section,
and may accomplish this through agreements with local public health
agencies.
(f) (1) Notwithstanding Section 10101, prior to the 2011-12 fiscal
year, there shall be no required county match of the nonfederal cost
of this program.
(2) Commencing in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(g) Public health nurses shall receive training developed pursuant
to subdivision (d) of Section 16501.4.
SEC. 9.5. Section 16501.3 of the Welfare and Institutions Code is
amended to read:
16501.3. (a) The State Department of Social Services shall
establish and maintain a program of public health nursing in the
child welfare services program that meets the federal requirements
for the provision of health care to minor and nonminor dependents in
foster care consistent with Section 30026.5 of the Government Code.
The purpose of the public health nursing program shall be to promote
and enhance the physical, mental, dental, and developmental
well-being of children in the child welfare system.
(b) Under this program, counties shall use the services of a
foster care public health nurse. The foster care public health nurse
shall work with the appropriate child welfare services workers to
coordinate health care services and serve as a liaison with health
care professionals and other providers of health-related services.
This shall include coordination with county mental health plans and
local health jurisdictions, as appropriate. In order to fulfill these
duties, the foster care public health nurse shall have access to the
child's medical, dental, and mental health care information, in a
manner that is consistent with all relevant privacy requirements.
(c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
(1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
(2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
(3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, monitoring and oversight of
psychotropic medications, advocating for the health care needs of the
child, and ensuring the creation of linkage among various providers
of care.
(4) Providing followup contact to assess the child's progress in
meeting treatment goals.
(5) At the request of and under the direction of a nonminor
dependent, as described in subdivision (v) of Section 11400,
assisting the nonminor dependent in accessing physical health and
mental health care, coordinating the delivery of health and mental
health care services, advocating for the health and mental health
care that meets the needs of the nonminor dependent, assisting the
nonminor dependent to make informed decisions about his or her health
care by, at a minimum, providing educational materials, and
assisting the nonminor dependent to assume responsibility for his or
her ongoing physical and mental health care management.
(d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX of the federal Social Security Act at
an enhanced rate for services delivered by skilled professional
medical personnel. Notwithstanding any other law, this section shall
be implemented only if, and to the extent that, the department
determines that federal financial participation, as provided under
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et
seq.), is available.
(e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.
(2) Commencing in the fiscal year immediately following the fiscal
year in which the necessary federal approval pursuant to paragraph
(1) is secured, county child welfare agencies shall provide health
care oversight and coordination services pursuant to this section,
and may accomplish this through agreements with local public health
agencies.
(f) (1) Notwithstanding Section 10101, prior to the 2011-12 fiscal
year, there shall be no required county match of the nonfederal cost
of this program.
(2) Commencing in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
(g) Public health nurses shall receive training developed pursuant
to subdivision (d) of Section 16501.4.
SEC. 10. Section 16501.4 is added to the Welfare and Institutions
Code, to read:
16501.4. In order to ensure the oversight of psychotropic
medications that are prescribed for children pursuant to Section
369.5 or 739.5, all of the following shall occur:
(a) The State Department of Health Care Services shall provide to
the State Department of Social Services, pursuant to a data sharing
agreement meeting the requirements of applicable state and federal
law and regulations, information for administration, oversight, and
implementation of federal and state health and public social service
programs for children in foster care. The departments shall also
develop, in consultation with counties, a data sharing agreement in
which county placing agencies may opt to participate, which shall
enable the county to, at a minimum, receive data reports developed
pursuant to this section.
(b) (1) In consultation with the State Department of Health Care
Services, the County Welfare Directors Association of California, the
County Behavioral Health Directors Association of California, the
Chief Probation Officers of California, and stakeholders, the State
Department of Social Services shall develop the content and format
for monthly, county-specific reports that describe each child for
whom one or more psychotropic medications have been paid for under
Medi-Cal, including paid claims and managed care encounters. At a
minimum, the report shall include the following information:
(A) Psychotropic medications that have been authorized for the
child pursuant to Section 369.5 or 739.5.
(B) Pharmacy data, based on paid claims and managed care
encounters, including the name of the psychotropic medication,
quantity, and dose prescribed for the child.
(C) Other available data, including, but not limited to,
information regarding psychosocial interventions and incidents of
polypharmacy.
(2) The report shall include one or more indicators, developed in
consultation with the stakeholders identified in paragraph (1), that
note children for whom additional followup may be appropriate. The
indicators may include, but need not be limited to, an indicator that
identifies each child under five years of age for whom one or more
psychotropic medications is prescribed and an indicator that
identifies each child of any age for whom three or more psychotropic
medications are prescribed.
(c) (1) The State Department of Social Services shall distribute
to a county placing agency the monthly report for children under its
jurisdiction, if the placing agency is a signatory to the data
sharing agreement described in subdivision (a).
(2) A county placing agency shall use the form developed pursuant
to paragraph (3) to share information pertaining to a child with the
appropriate juvenile court, the child's attorney, the county
department of behavioral health, and the court-appointed special
advocate, if one has been appointed.
(A) In the case of the juvenile court, the information described
in subdivision (a) shall be shared in conjunction with reports
prepared for each regularly scheduled court hearing.
(B) In the case of the child's attorney, the county department of
behavioral health, and court-appointed special advocate, the
information described in subdivision (a) shall be shared initially
for each child served by these individuals upon the authorization of
psychotropic medication, and subsequently when that information
changes.
(3) In consultation with the State Department of Health Care
Services, the County Welfare Directors Association, the County
Behavioral Health Directors Association of California, the Chief
Probation Officers of California, and stakeholders, the State
Department of Social Services shall develop a form to be utilized in
sharing the information required by paragraph (2).
(d) In consultation with the State Department of Health Care
Services, the Judicial Council, the County Welfare Directors
Association of California, the County Behavioral Health Directors
Association of California, the Chief Probation Officers of
California, and stakeholders, the State Department of Social Services
shall develop training that may be provided to county child welfare
social workers, probation officers, courts hearing cases pursuant to
Section 300, 601, or 602, children's attorneys, children's
caregivers, court-appointed special advocates, and other relevant
staff who work with children under the jurisdiction of the juvenile
court that addresses the authorization, uses, risks, benefits,
assistance with self-administration, oversight, and monitoring of
psychotropic medications, trauma, and substance use disorder and
mental health treatments, including how to access those treatments.
SEC. 11. (a) Sections 1.5, 2.1, and 2.2 of this bill incorporate
amendments to Sections 1522.41 and 1529.2 of the Health and Safety
Code proposed by both this bill and Assembly Bill 403. They shall
only become operative if (1) both bills are enacted and become
effective on or before January 1, 2016, (2) each bill amends Sections
1522.41 and 1529.2 of the Health and Safety Code, and (3) this bill
is enacted after Assembly Bill 403, in which case Sections 1 and 2 of
this bill shall not become operative.
(b) Section 4.5 of this bill incorporates amendments to Section
317 of the Welfare and Institutions Code proposed by both this bill
and Assembly Bill 224. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 317 of the Welfare and Institutions
Code, and (3) this bill is enacted after Assembly Bill 224, in which
case Section 4 of this bill shall not become operative.
(c) (1) Section 7.1 of this bill incorporates amendments to
Section 16003 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 403. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 16003 of the Welfare and
Institutions Code, and (3) Senate Bill 794 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after Assembly Bill 403, in which case Sections 7, 7.2, and 7.3 of
this bill shall not become operative.
(2) Section 7.2 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by both this bill
and Senate Bill 794. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 16003 of the Welfare and Institutions
Code, (3) Assembly Bill 403 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Senate Bill
794, in which case Sections 7, 7.1, and 7.3 of this bill shall not
become operative.
(3) Section 7.3 of this bill incorporates amendments to Section
16003 of the Welfare and Institutions Code proposed by this bill,
Assembly Bill 403, and Senate Bill 794. It shall only become
operative if (1) all three bills are enacted and become effective on
or before January 1, 2016, (2) all three bills amend Section 16003 of
the Welfare and Institutions Code, and (3) this bill is enacted
after Assembly Bill 403 and Senate Bill 794, in which case Sections
7, 7.1, and 7.2 of this bill shall not become operative.
(d) Section 9.5 of this bill incorporates amendments to Section
16501.3 of the Welfare and Institutions Code proposed by both this
bill and Senate Bill 319. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 16501.3 of the Welfare and Institutions
Code, and (3) this bill is enacted after Senate Bill 319, in which
case Section 9 of this bill shall not become operative.
SEC. 12. (a) To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs or
levels of service mandated by the 2011 Realignment Legislation,
Section 36 of Article XIII of the California Constitution shall
govern this act's application to local agencies and the state's
funding of those programs or levels of service.
(b) However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state for programs or
levels of service not described in subdivision (a), 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.
