Section § 7900

Explanation

This law section states that California agrees to work together with other states on rules for placing children across state lines, as outlined in the Interstate Compact on Placement of Children.

The Interstate Compact on Placement of Children as set forth in Section 7901 is hereby adopted and entered into with all other jurisdictions joining therein.

Section § 7901

Explanation

This section describes the Interstate Compact on the Placement of Children, which sets rules for placing children across state lines. It ensures children are placed in suitable homes and that both sending and receiving states have the opportunity to evaluate proposed placements for the child's protection. The law outlines the responsibilities of the sending agency, requires notification and approval from receiving state authorities, and sets penalties for illegal placements. The compact retains sending agency jurisdiction over the child and allows for institutional care of delinquent children with proper court procedures. Furthermore, it explains the role of a compact administrator, situations where the compact does not apply, and the process for states to join or withdraw from the compact.

The provisions of the interstate compact referred to in Section 7900 are as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
Article 1.Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a)CA Family Law Code § 7901(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b)CA Family Law Code § 7901(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c)CA Family Law Code § 7901(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made.
(d)CA Family Law Code § 7901(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
Article 2.Definitions
As used in this compact:
(a)CA Family Law Code § 7901(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.
(b)CA Family Law Code § 7901(b) “Sending agency” means a party state, or officer or employee thereof; subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity that sends, brings, or causes to be sent or brought any child to another party state.
(c)CA Family Law Code § 7901(c) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(d)CA Family Law Code § 7901(d) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution, but does not include any institution caring for persons with developmental disabilities or mental health disorders or any institution primarily educational in character, and any hospital or other medical facility.
Article 3.Conditions for Placement
(a)CA Family Law Code § 7901(a) A sending agency shall not send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b)CA Family Law Code § 7901(b) Before sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1)CA Family Law Code § 7901(b)(1) The name, date, and place of birth of the child.
(2)CA Family Law Code § 7901(b)(2) The identity and address or addresses of the parents or legal guardian.
(3)CA Family Law Code § 7901(b)(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.
(4)CA Family Law Code § 7901(b)(4) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c)CA Family Law Code § 7901(c) Any public officer or agency in a receiving state that receives notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, supporting or additional information it deems necessary under the circumstances to carry out the purpose and policy of this compact.
(d)CA Family Law Code § 7901(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interest of the child.
Article 4.Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. A violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency that empowers or allows it to place or care for children.
Article 5.Continuing Jurisdiction
(a)CA Family Law Code § 7901(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child that it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. That jurisdiction shall also include the power to effect or cause the return of the child or the child’s transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b)CA Family Law Code § 7901(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of that case by the latter as agent for the sending agency.
(c)CA Family Law Code § 7901(c) This compact shall not be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state or to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article.
Article 6.Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but that placement shall not be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, before being sent to the other party jurisdiction for institutional care and the court finds that both of the following exist:
(a)CA Family Law Code § 7901(a) Equivalent facilities for the child are not available in the sending agency’s jurisdiction.
(b)CA Family Law Code § 7901(b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Article 7.Compact Administrator
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in that jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Article 8.Limitations
This compact shall not apply to:
(a)CA Family Law Code § 7901(a) The sending or bringing of a child into a receiving state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(b)CA Family Law Code § 7901(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between those states that has the force of law.
Article 9.Enactment and Withdrawal
This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any of these jurisdictions when that jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made before the effective date of withdrawal.
Article 10.Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Section § 7901.1

Explanation

This law outlines how a county child welfare agency in California should handle requests from other states to conduct home studies to evaluate if a home is safe and suitable for a child. The agency must complete and return the report within 60 days. If delays occur due to factors beyond the agency's control, they get 75 days, but they must document these issues. The home study doesn't have to include foster parent education within this timeframe. Reports from other states or Indian tribes are generally accepted unless found unsuitable within two weeks. Counties can use private agencies for these studies and should work on overcoming any procedural delays.

(a)CA Family Law Code § 7901.1(a) Within 60 days of receipt of a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, a county child welfare agency shall, directly or by contract, do both of the following:
(1)CA Family Law Code § 7901.1(a)(1) Conduct and complete the study.
(2)CA Family Law Code § 7901.1(a)(2) Return a report to the requesting state on the results of the study. The report shall address the extent to which placement in the home would meet the needs of the child.
(b)CA Family Law Code § 7901.1(b) Except as provided in subdivision (c), in the case of a home study commenced on or before September 30, 2008, if the agency fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the agency, the agency shall have 75 days to comply with subdivision (a). The agency shall document the circumstances involved and certify that completing the home study is in the best interests of the child. For purposes of this subdivision, “circumstances beyond the control of the agency” include, but are not limited to, the failure of a federal agency to provide the results of a background check or the failure of any entity to provide completed medical forms, if the background check or records were requested by the agency at least 45 days before the end of the 60-day period.
(c)CA Family Law Code § 7901.1(c) Subdivision (b) shall not be construed to require the agency to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents.
(d)CA Family Law Code § 7901.1(d) The agency shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the agency determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
(e)CA Family Law Code § 7901.1(e) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a).
(f)CA Family Law Code § 7901.1(f) The department shall work with counties to identify barriers to meeting the timeframes specified in this section and to develop recommendations to reduce or eliminate those barriers.

Section § 7902

Explanation

When a child is placed in another state through the Interstate Compact on the Placement of Children, the financial responsibility for that child is handled according to the compact's rules first. However, if these rules aren't followed properly, other state laws can be used to decide who pays.

Financial responsibility for a child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article 5 of the compact in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of other state laws also may be invoked.

Section § 7903

Explanation

In California, when the Interstate Compact on the Placement of Children mentions 'appropriate public authorities,' it is referring to the State Department of Social Services. This department is responsible for receiving and handling the notices required by the compact.

The phrase “appropriate public authorities” as used in Article 3 of the Interstate Compact on the Placement of Children means, with reference to this state, the State Department of Social Services, and that department shall receive and act with reference to notices required by Article 3 of the compact.

Section § 7904

Explanation

When the law talks about the "appropriate authority in receiving state" regarding placing children between states, it refers to the State Department of Social Services in California.

The phrase “appropriate authority in receiving state” as used in paragraph (a) of Article 5 of the Interstate Compact on the Placement of Children, with reference to this state, means the State Department of Social Services.

Section § 7905

Explanation

This section allows California officials and agencies that handle child placement to make agreements with similar entities in other states, according to specific rules for interstate child placement. However, if these agreements involve financial commitments, they must be approved in writing by the state's financial officer or the local financial officer before they are valid.

The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof is not binding unless it has the approval in writing of the Controller in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.

Section § 7906

Explanation

This section says that if there's a rule that children, homes, or agencies in another state need to be checked on, California will consider those checks done if they're carried out according to an agreement with the other state's officials, as allowed by an interstate agreement about child placement.

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the law of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children.

Section § 7906.5

Explanation

This law outlines how a home study should be conducted when a different state requests California to assess whether a child's placement in a specific home would be safe and suitable. The county child welfare agency must complete the study and report back within 60 days. If unforeseen circumstances delay this, they have up to 75 days, provided they document reasons and ensure it's in the child's best interest. Private agencies can conduct these studies if they agree to the requirements. The law also states that reports from other states or agencies generally meet state requirements unless deemed harmful to the child's wellbeing within 14 days. It also clarifies that counties can contract private agencies for these studies and do not need to include the education and training portions for foster or adoptive parents within the specified timeframe.

(a)CA Family Law Code § 7906.5(a) Within 60 days after an officer or agency of this state, or its political subdivision, receives a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child, who is in the custody of the requesting state, in the home, the county child welfare agency shall, directly or indirectly, do both of the following:
(1)CA Family Law Code § 7906.5(a)(1) Conduct and complete the home study.
(2)CA Family Law Code § 7906.5(a)(2) Return to the requesting state a report on the results of the home study, which shall address the extent to which placement in the home would meet the needs of the child.
(b)CA Family Law Code § 7906.5(b) A licensed private adoption agency may agree to provide the services listed in subdivision (a), and upon that agreement, shall comply with the requirements of paragraphs (1) and (2) of subdivision (a).
(c)CA Family Law Code § 7906.5(c) Notwithstanding subdivision (a), in the case of a home study commenced on or before September 30, 2008, if the county fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the state, including, but not limited to, failure by a federal agency to provide the results of a background check or failure of any entity to provide completed medical forms requested by the state at least 45 days before the end of the 60-day period, the county shall have 75 days to comply with subdivision (a) if the county documents the circumstances involved and certifies that completing the home study is in the best interest of the child.
(d)CA Family Law Code § 7906.5(d) Nothing in this section shall be construed to require the county to have completed, within the applicable period, those portions of the home study concerning the education and training of the prospective foster parent or adoptive parent.
(e)CA Family Law Code § 7906.5(e) The county shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the county determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
(f)CA Family Law Code § 7906.5(f) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a).

Section § 7907

Explanation

This law states that any rules limiting the adoption of children outside of California do not apply if the adoption is done through the Interstate Compact on the Placement of Children (ICPC), which is an agreement among states to ensure child safety and proper placement.

No provision of law restricting out-of-state placement of children for adoption shall apply to placements made pursuant to the Interstate Compact on the Placement of Children.

Section § 7907.3

Explanation

This law says that the rules for moving children between states, known as the Interstate Compact on the Placement of Children, don't apply when an Indian child is being sent to another state because jurisdiction has been transferred to a tribal court under specific federal law provisions.

The Interstate Compact on the Placement of Children shall not apply to any placement, sending, or bringing of an Indian child into another state pursuant to a transfer of jurisdiction to a tribal court under Section 1911 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

Section § 7907.5

Explanation

If a child is born and adopted within the same state by a resident of that state, certain interstate regulations do not apply. However, if the child is adopted by someone from a different state, these interstate rules do apply, even if the adoption paperwork is handled locally. In such cases, the child's birth state is considered the sending state, making it responsible for following the interstate adoption process.

(a)CA Family Law Code § 7907.5(a) A child who is born in this state and placed for adoption in this state with a resident of this state is not subject to the provisions of the Interstate Compact on the Placement of Children.
(b)CA Family Law Code § 7907.5(b) A child who is born in this state and placed for adoption with a person who is not a resident of this state is subject to the provisions of the Interstate Compact on the Placement of Children, regardless of whether the adoption petition is filed in this state. In interstate placements, this state shall be deemed the sending state for any child born in the state.

Section § 7908

Explanation

This law allows a court in California to place a child, who is under its care due to legal issues, in a facility located in another state. The court must follow specific rules from another part of the law (Section 727.1 of the Welfare and Institutions Code) and an agreement between states (Interstate Compact on the Placement of Children). The California court will still have authority over the child’s case even if the child is placed out of state.

A court having jurisdiction to place children adjudged wards of the court may place a ward in an out-of-state facility, as defined in subdivision (b) of Section 7910, pursuant to Section 727.1 of the Welfare and Institutions Code and Article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article 5 of the compact.

Section § 7908.5

Explanation

This law section clarifies that in the context of interstate adoption placements, the word "jurisdiction" refers to having legal control or responsibility over a child. The purpose of this section is simply to make this meaning clear and is not intended to change any actual laws regarding the placement of children.

For the purposes of an interstate adoption placement, the term “jurisdiction” as used in Article 5 of the Interstate Compact on the Placement of Children means “jurisdiction over or legal responsibility for the child.” It is the intent of the Legislature that this section make a technical clarification to the Interstate Compact on the Placement of Children and not a substantive change.

Section § 7909

Explanation

This section explains that the term "executive head" in a specific agreement about placing children across state lines refers to the Governor. The Governor is responsible for appointing someone to manage this agreement.

“Executive head” as used in Article 7 of the Interstate Compact on the Placement of Children means the Governor. The Governor shall appoint a compact administrator in accordance with the terms of Article 7 of the compact.

Section § 7910

Explanation

This law states that if someone wants to place a child for adoption across state lines, it needs approval from a specific official, called the Compact Administrator. They won't approve it if it breaks certain laws in California. Also, if a child under the care of child welfare or probation needs to be placed in a facility outside California, this can only happen if specific legal conditions are met. The facilities should be ones that offer specialized care and are approved by the relevant authorities.

(a)CA Family Law Code § 7910(a) Approval of an interstate placement of a child for adoption shall not be granted by the Compact Administrator if the placement is in violation of either Section 8801 of this code or Section 273 of the Penal Code.
(b)Copy CA Family Law Code § 7910(b)
(1)Copy CA Family Law Code § 7910(b)(1) The Compact Administrator shall not submit to a receiving state a request to place a dependent or ward for whom a county child welfare agency or county probation department has placement and care responsibility in an out-of-state residential facility, unless the requirements of Section 7911.1 of this code and Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code are met.
(2)CA Family Law Code § 7910(b)(2) For the purpose of this section, an “out-of-state residential facility” is a facility that is located in a state outside of California, is licensed or otherwise approved by the applicable state or tribal authority, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential facility may be called another name, including a group home, a residential treatment facility, or a residential care treatment facility.

Section § 7911

Explanation

This law focuses on the rules for placing California children in out-of-state residential facilities. It emphasizes that these placements are only allowed under very strict conditions and usually when in-state options have been exhausted. After July 2021, such placements require thorough documentation and court approval. The law also states that starting July 2022, no new placements into out-of-state facilities are allowed except in very specific cases outlined elsewhere. The law mandates that by 2023, all out-of-state facilities will be decertified, and all children must be brought back to California. This supports the view that children fare better when they stay close to home and community.

(a)CA Family Law Code § 7911(a) The Legislature finds and declares all of the following:
(1)CA Family Law Code § 7911(a)(1) The health and safety of California children placed by a county child welfare agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(2)CA Family Law Code § 7911(a)(2) The State Department of Social Services has full authority to require any placement of a child in an out-of-state residential facility by a county child welfare agency or county probation department be approved on a child-specific basis after the county has exhausted in-state placement and services options that meet the needs of the child and participated in the department’s technical assistance program. Before the juvenile court approves the placement pursuant to Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, the State Department of Social Services shall certify the out-of-state residential facility pursuant to Section 7911.1. Before processing an application for out-of-state placement in a residential facility pursuant to the Interstate Compact on the Placement of Children, the Compact Administrator shall verify that the placement was approved by the juvenile court and that it has been certified by the department.
(3)CA Family Law Code § 7911(a)(3) The Legislature further finds and declares that certification of facilities licensed under a separate state’s licensing standards has not been sufficient to ensure that the stringent California short-term residential therapeutic programs requirements are maintained to safeguard the health, safety, and well-being of California’s foster children and youth. Further research demonstrates that dependents and wards in foster care placements are generally better served when they are able to maintain and develop local community supports closer to their families and communities.
(b)Copy CA Family Law Code § 7911(b)
(1)Copy CA Family Law Code § 7911(b)(1) On and after July 1, 2021, foster care placements by county child welfare agencies or probation departments into out-of-state residential facilities shall not be made, except in the limited circumstances authorized by Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, as applicable. Unless placement of a child in an out-of-state residential facility does not require certification pursuant to subdivision (h) of Section 7911.1, the Compact Administrator shall not seek approval of placement in an out-of-state residential facility from the receiving state unless all of the following criteria are met:
(A)CA Family Law Code § 7911(b)(1)(A) The Compact Administrator has received from the county placing agency documentation that it has complied with the requirements of Section 16010.9 of the Welfare and Institutions Code.
(B)CA Family Law Code § 7911(b)(1)(B) The Compact Administrator has received documentation that the out-of-state residential facility has been certified by the State Department of Social Services, including documentation that the director of the State Department of Social Services has approved the certification.
(C)CA Family Law Code § 7911(b)(1)(C) The Compact Administrator has received a copy of the juvenile court order authorizing placement of the child in the out-of-state residential facility pursuant to Section 361.21 or 727.1 of the Welfare and Institutions Code.
(2)CA Family Law Code § 7911(b)(2) On and after July 1, 2022, county child welfare agencies or probation departments shall not make new placements in out-of-state residential facilities, except for placements described in subdivision (h) of Section 7911.1.
(c)CA Family Law Code § 7911(c) Notwithstanding any other law, on and after July 1, 2022, the State Department of Social Services shall not certify any new out-of-state residential facilities for placement by county child welfare agencies or probation departments. On and after July 1, 2022, the Compact Administrator shall not seek approval of any new placements by county child welfare agencies or probation departments in out-of-state residential facilities.
(d)CA Family Law Code § 7911(d) The state shall decertify all out-of-state residential facilities for placement by county child welfare agencies or probation departments on January 1, 2023, and ensure that all children and youth placed in out of state residential facilities have been returned to California by that date.
(e)CA Family Law Code § 7911(e) This section is declaratory of existing law with respect to the Governor’s designation of the State Department of Social Services to act as the Compact Administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.

Section § 7911.1

Explanation

This section of California law deals with the oversight of children placed in out-of-state residential facilities by county child welfare agencies or probation departments. The State Department of Social Services is responsible for investigating any health or safety threats to these children, and the facilities must comply with reporting requirements similar to those in California. If an out-of-state facility wants a child-specific certification, they must meet California standards, including inspections and policy reviews. Failure to cooperate or meet standards can lead to denial or discontinuation of certification. Additionally, the law outlines procedures for handling appeals and ensures that no public funds are used if a facility lacks certification. Certain placements, like those under specific educational or tribal provisions, are exempt from these certification requirements. The law provides temporary guidance until formal regulations are established.

(a)CA Family Law Code § 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 child welfare agency or probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910, 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 residential 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 residential facilities to comply with the reporting requirements applicable to short-term residential therapeutic programs licensed in California for each child in care, regardless of whether or not the child 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 incident report from a certified out-of-state residential facility, shall verbally notify any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility of the serious incident report. The Compact Administrator, within five business days of receiving a written serious incident report from a certified out-of-state residential facility, shall forward a copy of the written serious incident report to any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility.
(b)CA Family Law Code § 7911.1(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)CA Family Law Code § 7911.1(c) Upon receipt of a request from a county child welfare agency or probation department for a child-specific certification of a placement in an out-of-state residential facility, the State Department of Social Services or its designee shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, determine whether it will issue a child-specific certification to the out-of-state residential facility pursuant to this section.
(1)CA Family Law Code § 7911.1(c)(1) The licensing standards applicable to an out-of-state residential facility certified by the department shall be those required of short-term residential therapeutic programs operated in this state.
(2)CA Family Law Code § 7911.1(c)(2) Before issuing a child-specific certification to the out-of-state residential facility, the department shall do all of the following:
(A)CA Family Law Code § 7911.1(c)(2)(A) Review documentation provided by the county placing agency pursuant to subdivision (e) of Section 16010.9 of the Welfare and Institutions Code.
(B)CA Family Law Code § 7911.1(c)(2)(B) Perform an on-site inspection of the out-of-state residential facility’s physical site.
(C)CA Family Law Code § 7911.1(c)(2)(C) At a minimum, review all of the following sections of the out-of-state residential facility’s program statement:
(i)CA Family Law Code § 7911.1(c)(2)(C)(i) Core Services and Supports.
(ii)CA Family Law Code § 7911.1(c)(2)(C)(ii) Trauma Informed Interventions and Treatment Practices.
(iii)CA Family Law Code § 7911.1(c)(2)(C)(iii) Personal Rights.
(iv)CA Family Law Code § 7911.1(c)(2)(C)(iv) House Rules.
(v)CA Family Law Code § 7911.1(c)(2)(C)(v) Discipline Policies and Procedures.
(vi)CA Family Law Code § 7911.1(c)(2)(C)(vi) Emergency Intervention Plan (Including Runaway Plan).
(D)CA Family Law Code § 7911.1(c)(2)(D) Review the out-of-state residential facility’s serious incident reports.
(E)CA Family Law Code § 7911.1(c)(2)(E) Review the out-of-state residential facility’s current license. In order for the out-of-state residential facility to receive a certification, the out-of-state residential facility shall have a current license, or an equivalent approval, in good standing issued by the appropriate authority or authorities of the state in which it is operating.
(F)CA Family Law Code § 7911.1(c)(2)(F) Review the out-of-state residential facility’s licensing history, including any substantiated complaints.
(G)CA Family Law Code § 7911.1(c)(2)(G) Review the documentation provided by the State Department of Health Care Services pursuant to subdivision (d).
(H)CA Family Law Code § 7911.1(c)(2)(H) Obtain approval from the director of the department of the child-specific certification for the out-of-state residential facility. Director approval may be given after all of the requirements of subparagraphs (A) to (G), inclusive, have been satisfied.
(3)CA Family Law Code § 7911.1(c)(3) The department shall not issue a child-specific certification to the out-of-state residential facility if the out-of-state residential facility fails to cooperate during the certification process, including failing to provide any of the documentation listed in paragraph (2).
(4)CA Family Law Code § 7911.1(c)(4) If all the requirements of paragraph (2) have been satisfied, the department shall certify the out-of-state residential facility pursuant to this section. The department shall provide written documentation of this certification to the county placing agency.
(5)CA Family Law Code § 7911.1(c)(5) The child-specific certification is discontinued, effective immediately, upon the child transitioning out of the out-of-state residential facility’s program.
(d)CA Family Law Code § 7911.1(d) The licensing standards applicable to out-of-state residential facilities certified by the department, as described in subdivision (c), shall include the licensing standards for mental health program approval described in Section 1562.01 of the Health and Safety Code. These standards shall be satisfied if the State Department of Health Care Services determines that the out-of-state residential facility has an equivalent mental health program approval in the state in which it is operating. Upon receipt of a request for the State Department of Health Care Services to determine whether an out-of-state residential facility has an equivalent mental health program approval in the state in which it is operation, the State Department of Health Care Services shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, make its determination. If an out-of-state residential facility cannot satisfy the licensing standards for an equivalent mental health program approval, the department shall not certify the facility.
(e)CA Family Law Code § 7911.1(e) Failure by an out-of-state residential 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.
(f)CA Family Law Code § 7911.1(f) Certifications made pursuant to this section shall be reviewed as often as necessary to ensure the health and safety of children in care. At a minimum, certifications made pursuant to this section shall be reviewed semiannually. The department shall complete a full review of the facility’s program statement semiannually.
(g)Copy CA Family Law Code § 7911.1(g)
(1)Copy CA Family Law Code § 7911.1(g)(1) The department may deny or discontinue the certification of the out-of-state residential facility if the department makes a finding that the out-of-state residential facility is not operating in compliance with the requirements of this section. The department shall engage with counties that have one or more youth at a facility proposed for decertification to allow for a transition to occur, to the extent possible while ensuring the youths’ safety and well-being.
(2)CA Family Law Code § 7911.1(g)(2) If the out-of-state residential facility disagrees with any decision by the department to deny or discontinue the certification, the out-of-state residential facility may appeal the decision immediately upon receipt of the notice of decertification. If the out-of-state residential facility decides to appeal the decision, the appeal shall be submitted to the department not later than 30 calendar days after the out-of-state residential facility receives the decision. The out-of-state residential facility’s appeal shall be in writing and include all information, including supporting documents, that forms the basis of the appeal. The department shall issue a final determination not later than 30 calendar days after receipt of the appeal. If the out-of-state residential facility disagrees with the department’s determination, the out-of-state residential facility may file a writ pursuant to paragraph (3). If the out-of-state residential facility decides to file a writ, the writ shall be filed not later than 30 calendar days after the out-of-state residential facility receives the final determination.
(3)CA Family Law Code § 7911.1(g)(3) Any judicial proceeding to contest the department’s determination as to the status of the out-of-state residential facility’s certificate shall be held in California pursuant to Section 1085 of the Code of Civil Procedure.
(h)CA Family Law Code § 7911.1(h) The certification requirements of this section shall not impact any of the following:
(1)CA Family Law Code § 7911.1(h)(1) Placement 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.
(2)CA Family Law Code § 7911.1(h)(2) Placement of Indian children, as defined by the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et. seq.) and Section 224.1 of the Welfare and Institutions Code.
(i)CA Family Law Code § 7911.1(i) Failure by an out-of-state residential facility to obtain or maintain its certification, as required by this section, 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 residential facility pursuant to the Interstate Compact on the Placement of Children.
(j)CA Family Law Code § 7911.1(j) Notwithstanding the rulemaking provisions of 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 State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

Section § 7912

Explanation

This law ensures that children from California, placed in out-of-state residential facilities under the Interstate Compact on the Placement of Children, receive the same rights and protections as children in California-based facilities. The law mandates regular reporting on these out-of-state placements to the Legislature, including data on the number of children placed, details of their transition plans, the duration of their stays, and any serious incidents reported. The goal is to ultimately bring all children back to California by January 2023.

(a)CA Family Law Code § 7912(a) The Legislature finds and declares that the health and safety of children placed in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county child welfare agency or probation department in out-of-state residential facilities be accorded the same personal rights and safeguards of a child placed in a California licensed short-term residential therapeutic program. This section is in clarification of existing law.
(b)Copy CA Family Law Code § 7912(b)
(1)Copy CA Family Law Code § 7912(b)(1) On or before September 1, 2021, and each month thereafter, the department shall report to the relevant policy and fiscal committees of the Legislature the number of children placed by a county child welfare agency or probation department in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children.
(2)CA Family Law Code § 7912(b)(2) On or before January 1, 2022, and every six months thereafter until facilities are decertified and all children returned to California on or before January 1, 2023, the department, in consultation with the counties, shall report to the relevant policy and fiscal committees of the Legislature on the capacity for serving all child welfare and probation-supervised foster children within California or in home-based settings outside of the state. The report shall also include all of the following data, as applicable:
(A)CA Family Law Code § 7912(b)(2)(A) The number of children served by out-of-state residential facilities, disaggregated by child welfare services agency and probation department supervision.
(B)CA Family Law Code § 7912(b)(2)(B) Data measures related to ongoing transition planning efforts, including child and family team meetings, child-specific recruitment and family finding activities, and multiagency care coordination efforts that occurred for each child before and during placement in the out-of-state residential facility.
(C)CA Family Law Code § 7912(b)(2)(C) The lengths of stay of each child placed in an out-of-state residential facility by a California child welfare agency or probation department.
(D)CA Family Law Code § 7912(b)(2)(D) The total number of all serious incident reports received regarding out-of-state residential facilities, and descriptions of the types of incidents reported.
(E)CA Family Law Code § 7912(b)(2)(E) The total number of serious incident reports received regarding California children placed in out-of-state residential facilities, and descriptions of the types of incidents reported.
(3)CA Family Law Code § 7912(b)(3) Reports made pursuant to this subdivision shall not include any demographic data that would permit identification of any child or nonminor dependent.

Section § 7913

Explanation

This California law section describes the role of private adoption agencies in facilitating adoptions, particularly when an adoption involves other states. Private agencies can decide if an interstate placement should happen and can complete the required documents. Before making placement decisions for children entering California through independent adoptions, these agencies must inform the local adoption agency and ensure that a preplacement interview has been conducted. This rule doesn't apply to children who are court dependents or involved in certain court proceedings related to welfare and institutions.

(a)CA Family Law Code § 7913(a) When a full service licensed private adoption agency has provided adoption-related services to a birth parent or prospective adoptive parent, that agency is delegated the authority to determine whether the placement shall or shall not be made pursuant to the Interstate Compact on the Placement of Children, and to sign the compact forms documenting that determination and date of placement.
(b)CA Family Law Code § 7913(b) For children entering California in independent adoptions, prior to making a determination regarding placement and as soon as feasible, the private adoption agency shall notify the appropriate district office or delegated county adoption agency of the matter and verify that the preplacement interview of the prospective adoptive parent or parents has been completed.
(c)CA Family Law Code § 7913(c) This section shall not apply to a child who is a dependent of the court or a child subject to a petition filed under Section 300 of the Welfare and Institutions Code.