Section 7911.1 Of Part 5. Interstate Compact On Placement Of Children From California Family Law Code >> Division 12. >> Part 5.
7911.1
. (a) Notwithstanding any other law, the State Department of
Social Services or its designee shall investigate any threat to the
health and safety of children placed by a California county social
services agency or probation department in an out-of-state group home
pursuant to the provisions of the Interstate Compact on the
Placement of Children. This authority shall include the authority to
interview children or staff in private or review their file at the
out-of-state facility or wherever the child or files may be at the
time of the investigation. Notwithstanding any other law, the State
Department of Social Services or its designee shall require certified
out-of-state group homes to comply with the reporting requirements
applicable to group homes licensed in California pursuant to Title 22
of the California Code of Regulations for each child in care
regardless of whether he or she is a California placement, by
submitting a copy of the required reports to the Compact
Administrator within regulatory timeframes. The Compact Administrator
within one business day of receiving a serious events report shall
verbally notify the appropriate placement agencies and within five
working days of receiving a written report from the out-of-state
group home, forward a copy of the written report to the appropriate
placement agencies.
(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement of a
child out of state by a California county social services agency or
probation department shall include the language set forth in
subdivision (a).
(c) (1) The State Department of Social Services or its designee
shall perform initial and continuing inspection of out-of-state group
homes in order to either certify that the out-of-state group home
meets all licensure standards required of group homes operated in
California or that the department has granted a waiver to a specific
licensing standard upon a finding that there exists no adverse impact
to health and safety.
(2) On and after January 1, 2017, the licensing standards
applicable to out-of-state group homes certified by the department,
as described in paragraph (1) shall be those required of short-term
residential treatment centers operated in this state.
(3) On and after January 1, 2017, an out-of-state group home
program shall, in order to receive an AFDC-FC rate, meet the
requirements of paragraph (2) of subdivision (c) of Section 11460 of
the Welfare and Institutions Code.
(4) Any failure by an out-of-state group home facility to make
children or staff available as required by subdivision (a) for a
private interview or make files available for review shall be grounds
to deny or discontinue the certification. Certifications made
pursuant to this subdivision shall be reviewed annually.
(d) A county shall be required to obtain an assessment and
placement recommendation by a county multidisciplinary team prior to
placement of a child in an out-of-state group home facility.
(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on the
Placement of Children.
(f) (1) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members as
determined by the county.
(2) Participants shall have knowledge or experience in the
prevention, identification, and treatment of child abuse and neglect
cases, and shall be qualified to recommend a broad range of services
related to child abuse or neglect.
(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with the
requirements of subdivision (c).
(2) Any judicial proceeding to contest the department's
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.
(h) The certification requirements of this section shall not
impact placements of emotionally disturbed children made pursuant to
an individualized education program developed pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) if the placement is not funded with federal or state foster
care funds.
(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section shall
be eligible for public funds pending the department's certification
under this section.