Section 1501.1 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1501.1
. (a) It is the policy of the state to facilitate the proper
placement of every child in residential care facilities where the
placement is in the best interests of the child. A county may require
placement or licensing agencies, or both placement and licensing
agencies, to actively seek out-of-home care facilities capable of
meeting the varied needs of the child. Therefore, in placing children
in out-of-home care, particular attention should be given to the
individual child's needs, the ability of the facility to meet those
needs, the needs of other children in the facility, the licensing
requirements of the facility as determined by the licensing agency,
and the impact of the placement on the family reunification plan.
(b) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012, nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, except as provided by statute, may be
placed in the same facility provided the facility is licensed,
complies with all licensing requirements relevant to the protection
of the child, and has a special permit, if necessary, to meet the
needs of each child so placed. A facility may not require, as a
condition of placement, that a child be identified as an individual
with exceptional needs as defined by Section 56026 of the Education
Code.
(c) Neither the requirement for any license nor any regulation
shall restrict the implementation of the provisions of this section.
Implementation of this section does not obviate the requirement for a
facility to be licensed by the department.
(d) Pursuant to this section, children with varying designations
and varying needs, including, on and after January 1, 2012, nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, except as provided by statute, may be
placed in the same licensed foster family home or with a foster
family agency for subsequent placement in a certified family home.
Children, including nonminor dependents, with developmental
disabilities, mental disorders, or physical disabilities may be
placed in licensed foster family homes or certified family homes,
provided that an appraisal of the child's or nonminor dependent's
needs and the ability of the receiving home to meet those needs is
made jointly by the placement agency and the licensee in the case of
licensed foster family homes or the placement agency and the foster
family agency in the case of certified family homes, and is followed
by written confirmation prior to placement. The appraisal shall
confirm that the placement poses no threat to any child in the home.
For purposes of this chapter, the placing of children by foster
family agencies shall be referred to as "subsequent placement" to
distinguish the activity from the placing by public agencies.