Section 1506.5 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1506.5
. (a) Foster family agencies shall not use foster family
homes licensed by a county without the approval of the licensing
county. When approval is granted, a written agreement between the
foster family agency and the county shall specify the nature of
administrative control and case management responsibility and the
nature and number of the children to be served in the home.
(b) Before a foster family agency may use a licensed foster family
home it shall review and, with the exception of a new fingerprint
clearance, qualify the home in accordance with Section 1506.
(c) When approval is given, and for the duration of the agreement
permitting the foster family agency use of its licensed foster family
home, no child shall be placed in that home except through the
foster family agency.
(d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or
control of the child. Nothing in this section shall relieve a foster
family agency of its responsibilities for or on behalf of a child
placed with it.
(e) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant previously
was issued a license under this chapter or under Chapter 1
(commencing with Section 1200), Chapter 2 (commencing with Section
1250), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2
(commencing with Section 1569), Chapter 3.4 (commencing with Section
1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter
3.6 (commencing with Section 1597.30) and the prior license was
revoked within the preceding two years, the foster family agency
shall cease any further review of the application until two years
have elapsed from the date of the revocation.
(2) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant previously was issued
a certificate of approval by a foster family agency that was revoked
by the department pursuant to subdivision (b) of Section 1534 within
the preceding two years, the foster family agency shall cease any
further review of the application until two years have elapsed from
the date of the revocation.
(3) If an application to a foster family agency for a certificate
of approval indicates, or the department determines during the
application review process, that the applicant was excluded from a
facility licensed by the department or from a certified family home
pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the foster
family agency shall cease any further review of the application
unless the excluded person has been reinstated pursuant to Section
11522 of the Government Code by the department.
(4) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.
(f) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant had
previously applied for a license under any of the chapters listed in
paragraph (1) of subdivision (e) and the application was denied
within the last year, the foster family agency shall cease further
review of the application as follows:
(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the foster family agency shall cease further
review of the application until one year has elapsed from the date of
the notification of the denial and the right to petition for a
hearing.
(2) The foster family agency may continue to review the
application if the department has determined that the reasons for the
denial of the application were due to circumstances and a condition
that either have been corrected or are no longer in existence.
(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.
(g) (1) If an application to a foster family agency for a
certificate of approval indicates, or the department determines
during the application review process, that the applicant had
previously applied for a certificate of approval with a foster family
agency and the department ordered the foster family agency to deny
the application pursuant to subdivision (b) of Section 1534, the
foster family agency shall cease further review of the application as
follows:
(A) In cases where the applicant petitioned for a hearing, the
foster family agency shall cease further review of the application
until one year has elapsed from the effective date of the decision
and order of the department upholding a denial.
(B) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the foster family agency shall cease further
review of the application until one year has elapsed from the date of
the notification of the denial and the right to petition for a
hearing.
(2) The foster family agency may continue to review the
application if the department has determined that the reasons for the
denial of the application were due to circumstances and conditions
that either have been corrected or are no longer in existence.
(3) The cessation of review shall not constitute a denial of the
application for purposes of subdivision (b) of Section 1534 or any
other law.