Section 1502.7 Of Article 1. General Provisions From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 1.
1502.7
. (a) On or before July 1, 2012, the department, in
consultation with representatives of the Legislature, the County
Welfare Directors Association, the Chief Probation Officers of
California, the California Youth Connection, the Judicial Council,
former foster youth, child advocacy organizations, dependency counsel
for children, juvenile justice advocacy organizations, foster
caregiver organizations, labor organizations, and representatives of
tribes, shall revise regulations regarding health and safety
standards for licensing foster family homes and community care
facilities in which nonminor dependents, as defined in subdivision
(v) of Section 11400 of the Welfare and Institutions Code, of the
juvenile court are placed under the responsibility of the county
welfare or probation department or an Indian tribe that entered into
an agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code.
(b) The regulations shall recognize the status of nonminor
dependents as legal adults. At a minimum, the regulations shall
provide both of the following:
(1) That nonminors described in subdivision (a) shall have the
greatest amount of freedom that will safely prepare them for
self-sufficiency.
(2) That nonminors described in subdivision (a) in a community
care facility shall not be subject to criminal background clearances
pursuant to Sections 1522 and 1522.1, for the purposes of facility
licensing.
(c) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall, in consultation with the
stakeholders listed in subdivision (a), prepare for implementation of
the applicable provisions of this section by publishing all-county
letters or similar instructions from the director by October 1, 2011,
to be effective January 1, 2012. Emergency regulations to implement
this section may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.