BILL NUMBER: AB 458 CHAPTERED
BILL TEXT
CHAPTER 331
FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2003
APPROVED BY GOVERNOR SEPTEMBER 6, 2003
PASSED THE ASSEMBLY AUGUST 21, 2003
PASSED THE SENATE JULY 24, 2003
AMENDED IN SENATE JULY 15, 2003
AMENDED IN SENATE JUNE 12, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Member Chu
(Coauthors: Assembly Members Goldberg, Kehoe, Koretz, Laird,
Lieber, Leno, Longville, Nunez, Ridley-Thomas, and Steinberg)
(Coauthor: Senator Kuehl)
FEBRUARY 14, 2003
An act to amend Sections 1522.41, 1529.2, and 1563 of the Health
and Safety Code, and to amend Sections 16001.9 and 16003 of, and to
add Section 16013 to, the Welfare and Institutions Code, relating to
human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 458, Chu. Foster care.
Existing law requires the State Department of Social Services to
license community care facilities, including facilities that provide
foster care services for children. Existing law regulates foster
family homes and provides for their licensure by certified foster
family agencies, the county, or the State Department of Social
Services.
Existing law provides that it is the policy of the state that
foster children have specified rights.
Existing law requires an administrator of a group home facility to
complete a certification program. Existing law requires licensing
personnel at the department to have specified training. Existing law
requires every licensed foster parent to complete specified
preplacement training and additional annual training. Existing law
requires that each community college district with a foster care
education program make orientation and training available to a
relative caretaker.
This bill would add to the rights contained in the policy referred
to above, the rights 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. This bill
would require training for administrators, licensing personnel,
licensed foster parents, and relative caretakers to include training
about these rights.
This bill would also state that it is the policy of this state
that all persons engaged in providing care and services to foster
children are to have fair and equal access to all available programs,
benefits, services, and licensing processes, and shall not be
subjected to discrimination or harassment, as specified.
This bill would provide that this policy shall not be interpreted
to create or modify existing preferences for foster placements, or to
limit the local placement agency's ability to make placement
decisions for the child based on the child's best interests.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Foster children are harmed by discrimination based on actual
or perceived race, ethnic group identification, ancestry, national
origin, color, religion, sex, sexual orientation, gender identity,
mental or physical disability, or HIV status, whether that
discrimination is directed at them or at their caregivers.
(b) County child welfare departments in California receive
federal, state, and county funds for the care, placement, and
supervision of abused and neglected children who have been removed
from their homes for their own protection and who are dependents of
the juvenile courts of the state.
(c) Group home facilities and foster family agencies are licensed
by the State Department of Social Services, contract with county
child welfare departments, receive federal, state, and county funds,
and have paid professional staff engaged in providing care and
services to foster children and training, supervision, and support to
foster parents.
(d) County child welfare departments, group home facilities, and
foster family agencies have a legal responsibility to provide care,
placement, and services to foster children, family members, foster
parents, and service providers without discriminating 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.
(e) Foster family homes and relative caregivers are licensed by
the State Department of Social Services and receive federal, state,
and county funds for the care of children. Still, foster parents and
relative caregivers are not paid employees, instead, they care for
foster children in their own homes and are permitted under current
practice to decide on an individual basis whether to accept and
retain an individual child in their care.
(f) Once foster parents or relative caregivers accept a child into
their home, they have a legal responsibility to provide care to the
child without discriminating 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. Because any change in living
environment is traumatic for any child, if the foster parents or
relative caregivers cannot fulfill this responsibility with respect
to an individual child, then foster parents and relative caregivers
should notify the child's social worker and seek additional training,
counseling, or other assistance. Only as a last resort should the
foster parent or relative caregiver request that the child be removed
from the foster parents' or relative caregivers' home.
(g) Initial and ongoing training for county child welfare workers,
group home staff and administrators, foster family agency staff,
foster parents, and relative caregivers is crucial to enable all
persons involved in providing care, placement, and services to foster
children to fulfill their responsibilities to provide safe and
nondiscriminatory care, placement, and services to foster children.
SEC. 2. 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 Mental Health, 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 where 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.
(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) Nonviolent emergency intervention and reporting requirements.
(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 classroom hours
of continuing education related to the core of knowledge specified in
subdivision (c). 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
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 Mental Health, 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 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.
(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.
SEC. 3. Section 1529.2 of the Health and Safety Code is amended to
read:
1529.2. (a) In addition to the foster parent training provided
pursuant to Section 903.7 of the Welfare and Institutions Code,
foster family agencies shall supplement the community college
training by providing 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.
(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.
(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.
(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.
(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. 4. Section 1563 of the Health and Safety Code is amended to
read:
1563. (a) The director shall ensure that licensing personnel at
the department have appropriate training to properly carry out this
chapter.
(b) The director shall institute a staff development and training
program to develop among departmental staff the knowledge and
understanding necessary to successfully carry out this chapter.
Specifically, the program shall do all of the following:
(1) Provide staff with 36 hours of training per year that reflects
the needs of persons served by community care facilities. This
training shall, where appropriate, include specialized instruction in
the needs of foster children, persons with mental disorders, or
developmental or physical disabilities, or other groups served by
specialized community care facilities.
(2) Give priority to applications for employment from persons with
experience as care providers to persons served by community care
facilities.
(3) Provide new staff with comprehensive training within the first
six months of employment. This comprehensive training shall, at a
minimum, include the following core areas: administrative action
process, client populations, conducting facility visits, cultural
awareness, documentation skills, facility operations, human relation
skills, interviewing techniques, investigation processes, and
regulation administration.
(c) In addition to the requirements in subdivision (b), group home
and foster family agency licensing personnel shall receive a minimum
of 24 hours of training per year to increase their understanding of
children in group homes, certified homes, and foster family homes.
The training shall cover, but not be limited to, all of the following
topics:
(1) The types and characteristics of emotionally troubled
children.
(2) The high-risk behaviors they exhibit.
(3) The biological, psychological, interpersonal, and social
contributors to these behaviors.
(4) The range of management and treatment interventions utilized
for these children, including, but not limited to, nonviolent,
emergency intervention techniques.
(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.
SEC. 5. Section 16001.9 of the Welfare and Institutions Code is
amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASA), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in any room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level.
(14) To work and develop job skills at an age-appropriate level
that is consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To review his or her own case plan if he or she is over 12
years of age and to receive information about his or her out-of-home
placement and case plan, including being told of changes to the plan.
(20) To be free from unreasonable searches of personal belongings.
(21) To confidentiality of all juvenile court records consistent
with existing law.
(22) 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.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
SEC. 6. 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.
(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.
(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.
(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.
(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. Section 16013 is added to the Welfare and Institutions
Code, to read:
16013. (a) It is the policy of this state that all persons
engaged in providing care and services to foster children, including,
but not limited to, foster parents, adoptive parents, relative
caregivers, and other caregivers contracting with a county welfare
department, shall have fair and equal access to all available
programs, benefits, services, and licensing processes, and shall not
be subjected to discrimination or harassment on the basis of their
clients' or their own actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(b) Nothing in this section shall be interpreted to create or
modify existing preferences for foster placements or to limit the
local placement agency's ability to make placement decisions for a
child based on the child's best interests.