§ 16519.58. — 16519.58. (Amended by Stats. 2024, Ch. 403, Sec. 3.)

California § 16519.58.

• 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)
A resource family approved by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code may transfer their approval to a county upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following:
(1)
The resource family shall complete the following activities:
(A)
Submit to the county information necessary to initiate the transfer process on a form specified by the department.
(B)
Authorize the county to request that clearances and exemptions issued to the resource family and all adults residing or regularly
present in the home be transferred from the department to the county pursuant to subdivision (h) of Section 1522 of the Health and Safety Code.
(C)
Cooperate with the county in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5.
(2)
(A)
The county shall complete the following activities:
(i)
With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 of the Health and Safety Code, submit a request to the Department of Justice as specified in paragraph (4) of subdivision (h) of Section 1522 of the Health and Safety Code.
(ii)
Complete an approval update for the resource family
as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5.
(I)
The county shall request a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, from the licensed foster family agency.
(II)
The licensed foster family agency shall forward a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or
regulations adopted by the department, to the county within 20 business days of receipt of the request.
(B)
(i)
Notwithstanding subparagraph (A), a county shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or pending administrative action against the applicant or an adult residing in the home, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5.
(ii)
A county may approve or deny the application after the investigation or administrative action has concluded, and the county confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.
(b)
A county may deny a resource family’s request to transfer
approval to a county for any of the reasons specified in Section 16519.61. If the county denies a resource family’s request, the resource family shall be entitled to a hearing, as specified in Section 16519.6.
(c)
Resource family approval by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code shall be forfeited by operation of law upon the transfer of the resource family approval to a county in accordance with this section.
(d)
A resource family approved pursuant to this section shall comply with the written directives or regulations adopted pursuant to Section 16519.5 and comply with other applicable federal and state laws in order to maintain approval.
(e)
Effective October 1, 2024, or
upon the effective date of the act that added this subdivision, whichever is later, the rate paid on behalf of a child or nonminor dependent to an approved resource family approved by a licensed foster family agency that has applied to transfer their approval to a county pursuant to this section shall be the rate most recently established for the child or nonminor dependent pursuant to Section 11461. Upon approval of the resource family by the county, the rate may be adjusted based on the needs of the child, consistent with guidance provided by the department.
(f)
(1)
Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the department may temporarily waive provisions of this section to facilitate the expedient transfer of an approval of a resource family that was approved by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and
Safety Code to a county. Waivers pursuant to this subdivision shall not include waivers of background check requirements.
(2)
It is the intent of the Legislature that, as part of this process, the department provide, on a timely basis, any information and documentation related to pending investigations or administrative actions against the resource family to the county to facilitate decisions regarding approval of the resource family.
(3)
This subdivision shall be inoperative on January 1, 2027.
(g)
For purposes of
this section, the following definitions apply:
(1)
“Department” means the State Department of Social Services.
(2)
“County” means a county child welfare or probation department.

Legislative History

Amended by Stats. 2024, Ch. 403, Sec. 3. (AB 2496) Effective September 22, 2024.