Cal. Health & Saf. Code § 1506.1

Current through the 2024 Legislative Session.
Section 1506.1 - Foster family agency; plan of operation; accreditation
(a) A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)
(1) A foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2) The following applies to a foster family agency licensed before January 1, 2017:
(A) The foster family agency shall have until December 31, 2018, to obtain accreditation.
(B) The foster family agency shall submit documentation of accreditation or application for accreditation to the department in a time and manner as determined by the department.
(C) The foster family agency shall provide documentation to the department reporting its accreditation status as of January 1, 2018, and July 1, 2018, in a time and manner as determined by the department.
(3) The following applies to a foster family agency licensed on or after January 1, 2017:
(A) The foster family agency shall have up to 24 months from the date of licensure to obtain accreditation.
(B) The foster family agency applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
(C) The foster family agency shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
(4) This subdivision does not preclude the department from requesting additional information from the foster family agency regarding its accreditation status.
(5) The department may revoke a foster family agency's license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
(6) The department may extend the date by which to comply with paragraph (2), as applicable, for up to one year upon the request of a foster family agency that has been vendored as a service provider by a regional center for persons with developmental disabilities. In determining whether to extend the date, the department shall consult with any county placement agency that places children with the foster family agency, the vendorizing regional center, and the State Department of Developmental Services.
(c) On and after January 1, 2017, a foster family agency's plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
(1) The core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(2) The treatment practices that will be used in serving children and families.
(3) The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, consistent with the case plans as developed by the county placing agency, that support the reasonable and prudent parent standard, as defined in Section 362.05 of the Welfare and Institutions Code, and procedures for collaborating with the child and family team, as described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, which includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed.
(4)
(A) How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 1517.
(B) A foster family agency that chooses not to approve resource families pursuant to Section 1517 shall describe in the program statement the transition plan for its certified family homes to obtain resource family approval prior to December 31, 2019.
(5) The population or populations to be served.
(6) The ability to support the differing needs of children and their families.
(7) The plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of children, and it shall be consistent with the training provided to resource families as set forth in Section 16519.5 of the Welfare and Institutions Code.
(8) The ability to provide or arrange for treatment services to meet the individual needs of children placed in certified family homes or with resource families, as specified in Section 11402 of the Welfare and Institutions Code.
(9) The plan for the training, supervision, and support of resource families to meet the appropriate needs of children, consistent with the training requirements set forth in Section 16519.5 of the Welfare and Institutions Code. To the extent possible, the foster family agency training plan for resource families shall be consistent with the training requirements set forth by the county child welfare placing agency.
(10) The agency or agencies that the foster family agency has partnered with, either formally or informally, to provide additional supports and services to families and children during care and postpermanency.
(11) The plan for participation in child and family teams and supporting the participation of the agency's resource families in those teams, as appropriate.
(12) If the foster family agency plans to operate as an intensive services foster care program, a description of the program model and how the foster family agency will comply with the requirements set forth in Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code.
(13) Any other information that may be prescribed by the department for the proper administration of this section.
(d) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)
(1)
(A)
(i) A foster family agency applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
(ii) The letter of recommendation shall include a statement that the county placing agency reviewed the applicant's program statement.
(iii) If the letter of recommendation is not from the county in which the facility is located, the foster family agency applicant shall include with its application a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
(B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. This paragraph does not constitute a denial of the application for purposes of Section 1526 or any other law.
(C) A new letter of recommendation is not required when a foster family agency moves locations.
(2) A foster family agency shall submit a copy of its program statement to all county placing agencies with which placements are coordinated or for which services are provided, including the county in which the facility is located, for optional review when the foster family agency updates its program statement.
(f) The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (d) of Section 11463 of the Welfare and Institutions Code.

Ca. Health and Saf. Code § 1506.1

Amended by Stats 2019 ch 777 (AB 819),s 1, eff. 1/1/2020.
Amended by Stats 2017 ch 732 (AB 404),s 6, eff. 1/1/2018.
Amended by Stats 2016 ch 612 (AB 1997),s 18, eff. 1/1/2017.
Added by Stats 2015 ch 773 (AB 403),s 11, eff. 1/1/2016.