§ 16519.55. — 16519.55. (Amended by Stats. 2021, Ch. 615, Sec. 460.)

California § 16519.55.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 4.: PART 4. SERVICES FOR THE CARE OF CHILDREN
• Ch. 5.: CHAPTER 5. State Child Welfare Services
• Art. 2.: ARTICLE 2. Resource Family Approval Program

Text

(a)
Subject to subdivision (d), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for administering the resource family approval program,
facilitating the placement of children with resource families, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
(b)
The application form signed by a resource family applicant of a county shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.
(c)
(1)
Before approving a resource family, a county may conduct a reference check of the applicant to determine whether it is safe and appropriate for the county to approve the applicant to be a resource family by contacting the following:
(A)
Any foster family agencies that have certified the applicant.
(B)
Any state or county licensing offices that have licensed the applicant as a foster family home.
(C)
Any counties that have approved the applicant as a relative or nonrelative extended family member.
(D)
Any foster family agencies or counties that have approved the applicant as a resource family.
(E)
Any state licensing offices that have licensed the applicant as a community care facility, child daycare center, or family child care home.
(F)
Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.
(2)
Notwithstanding subdivision (d), within 20 business days of being contacted by a county, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the county that is conducting
a reference check.
(d)
The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
(e)
For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.

Legislative History

Amended by Stats. 2021, Ch. 615, Sec. 460. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.