Part 4.4FAMILY PRESERVATION SERVICES

Section § 16600

Explanation

The California Department of Social Services is responsible for managing federal funds from the Promoting Safe and Stable Families program. They are allowed to keep up to 10% of these funds for state administrative costs instead of sending all the money to counties. These costs include things like planning, monitoring, evaluation, training, and statewide projects, and this rule has been in place since October 1, 2007.

(a)CA Welfare and Institutions Code § 16600(a) The department shall administer the federal Promoting Safe and Stable Families funds.
(b)CA Welfare and Institutions Code § 16600(b) Notwithstanding Section 10103, the department may retain and not pass on to the counties up to 10 percent of federal Promoting Safe and Stable Families funds for the purposes of state administrative costs incurred on or after October 1, 2007, including planning, monitoring, evaluation, training and technical assistance, or related projects of statewide significance.
Promoting Safe and Stable Families funds state administrative costs planning monitoring evaluation training technical assistance statewide projects fund management county funding federal funds retention of funds October 1 2007 California Department of Social Services
(Amended by Stats. 2011, Ch. 459, Sec. 45. (AB 212) Effective October 4, 2011.)

Section § 16601

Explanation

This law section defines key services related to promoting adoption, preserving families, supporting families, and reuniting families in the foster care system.

Adoption promotion services aim to encourage adoptions from foster care by providing support to potential adoptive families both before and after the adoption. Family preservation services focus on helping at-risk families and include programs to prevent the need for foster care, support children returning home, and improve parenting skills. Family support services are community-based and work to enhance family stability, strength, and the well-being of children, including those in foster care. Lastly, family reunification services facilitate the safe and timely return of foster children to their families and support families during the first 15 months after reunification.

For purposes of this part, the following terms shall have the following meanings:
(a)CA Welfare and Institutions Code § 16601(a) “Adoption promotion and support services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including activities such as preadoptive and postadoptive services and activities designed to expedite the adoption process and support adoptive families.
(b)CA Welfare and Institutions Code § 16601(b) “Family preservative services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means services for children and families designed to help families, including adoptive and extended families, at risk or in crisis, including all of the following:
(1)CA Welfare and Institutions Code § 16601(b)(1) Services programs designed to help children return to families from which they have been removed, where safe and appropriate, or be placed for adoption or with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for the child, in some other planned, permanent living arrangement.
(2)CA Welfare and Institutions Code § 16601(b)(2) Preplacement preventive services programs, including, but not limited to, intensive family preservation programs designed to help children at risk of foster care placement remain safely with their families.
(3)CA Welfare and Institutions Code § 16601(b)(3) Service programs designed to provide followup care to families to whom a child has been returned after a foster care placement.
(4)CA Welfare and Institutions Code § 16601(b)(4) Respite care of children to provide temporary relief for parents and other caregivers, including, but not limited to, foster parents.
(5)CA Welfare and Institutions Code § 16601(b)(5) Services designed to improve parenting skills by reinforcing parents’ confidence in their strengths and helping them to identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition.
(6)CA Welfare and Institutions Code § 16601(b)(6) Infant safe haven programs that provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to state law.
(c)CA Welfare and Institutions Code § 16601(c) “Family support services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means community-based services, including mentoring, to promote the safety and well-being of children and families. This includes services designed to increase the strength and stability of families, including adoptive, foster, and extended families, to support and retain foster families so they can provide quality family-based settings for children in foster care, to increase parents’ confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development.
(d)CA Welfare and Institutions Code § 16601(d) “Family reunification services,” as defined by Section 431 of the federal Social Security Act (42 U.S.C. Sec. 629a), means the services and activities described in Section 629a(a)(7)(B) of Title 42 of the United States Code that are provided to a child that is removed from the child’s home and placed in a foster family home or a child care institution or a child who has been returned home and to the parents or primary caregiver of the child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, and to ensure the strength and stability of the reunification. This includes peer-to-peer mentoring and support groups for parents and primary caregivers, as well as services and activities to facilitate access to and visitation of children with parents and siblings. In the case of a child who has been returned home, the services and activities shall only be provided during the 15-month period that begins on the date that the child returns home.
adoption promotion services family preservation family support services family reunification foster care system pre-adoptive services post-adoptive services family crisis support preadoption services postadoption services parenting skills improvement infant safe haven programs temporary respite care foster family retention peer-to-peer mentoring
(Amended by Stats. 2018, Ch. 910, Sec. 50. (AB 1930) Effective January 1, 2019.)

Section § 16602

Explanation

This law requires counties in California that want to use federal Promoting Safe and Stable Families funds to create local plans and a planning group. The county's board of supervisors must oversee and approve these plans before they are sent to the relevant state department.

The county welfare department is designated as the main administrative agency to handle the daily planning tasks and manage the funds allocated to the county.

(a)CA Welfare and Institutions Code § 16602(a) Notwithstanding Section 16500, each county that chooses to utilize federal Promoting Safe and Stable Families funds shall establish a local planning body and develop county plans as required by the department. The board of supervisors shall oversee the local planning process and approve each county plan before it is transmitted to the department for approval.
(b)CA Welfare and Institutions Code § 16602(b) Notwithstanding Section 16500, the county welfare department shall act as the county lead administrative agency to carry out the day-to-day planning activities. The county welfare department shall distribute and account for the program funds allocated to the county.
Promoting Safe and Stable Families funds county planning body county welfare department local planning process board of supervisors county plan approval administrative agency manage program funds allocate funds oversee planning federal funds utilization county lead agency fund distribution county plans development supervisor oversight
(Amended by Stats. 2011, Ch. 459, Sec. 48. (AB 212) Effective October 4, 2011.)

Section § 16604

Explanation

This section requires California counties to allocate at least 20% of their funding to each of the following services: family support, family preservation, family reunification, and adoption promotion and support, making up 80% of the total funds.

Counties can request an exception to spend less than 20% in any category temporarily if they provide a written justification and have a plan to eventually meet the requirement. The state can reject funding claims if counties don't follow their approved plans.

The remaining 20% of funds can be used in any of the specified service categories.

(a)CA Welfare and Institutions Code § 16604(a) Except as provided in subdivision (b), counties shall spend a minimum of 20 percent of its allocated funds in each of the following categories, for a total of 80 percent:
(1)CA Welfare and Institutions Code § 16604(a)(1) Family support services.
(2)CA Welfare and Institutions Code § 16604(a)(2) Family preservation services.
(3)CA Welfare and Institutions Code § 16604(a)(3) Family reunification services.
(4)CA Welfare and Institutions Code § 16604(a)(4) Adoption promotion and support services.
(b)CA Welfare and Institutions Code § 16604(b) A county may be authorized to spend less than 20 percent of funds in one or more of the categories identified in subdivision (a) for a limited time period, provided that the department determines in writing that good cause exists for the county’s expenditures and determines the date by which the county shall fully comply with subdivision (a). The department may disallow a county’s claims for costs under this section if the county’s expenditure of funds, as specified in subdivision (a), does not conform to its approved county plan.
(c)CA Welfare and Institutions Code § 16604(c) Counties may expend the remaining 20 percent of funds not expended pursuant to subdivision (a) and any funds identified in subdivision (b), for any of the categories identified in subdivision (a).
county funding allocation family support services family preservation services family reunification services adoption support services minimum spending requirement fund allocation exception written justification state funding approval service category spending expenditure compliance county plan approval temporary exception funding disallowance compliance deadlines
(Amended by Stats. 2018, Ch. 910, Sec. 51. (AB 1930) Effective January 1, 2019.)

Section § 16604.5

Explanation

When counties in California create plans under the federal Family Preservation and Support Act, they should think about including in-home assessments for infants exposed to substances once they leave the hospital. These evaluations can be funded by federal programs if they are part of the county's assessment and plan, and if money is available for this purpose.

When preparing their needs assessments and plans to implement the federal Family Preservation and Support Act (Sections 430 to 435, inclusive, of the Social Security Act (Subpart 2 (commencing with Section 629) of Part B of Subchapter 4 of Chapter 7 of Title 42 of the United States Code), as contained in the Omnibus Reconciliation Act of 1993 (Public Law 103-66)), counties shall consider providing an in-home assessment of substance-exposed infants after release from a hospital, as part of the protocols of Section 123605 of the Health and Safety Code. These assessments may be funded using federal Promoting Safe and Stable Families funding, to the extent they are identified in a county’s needs assessment and are part of a county’s program plan, and federal Promoting Safe and Stable Families funds are available for this purpose.
family preservation substance-exposed infants in-home assessments federal funding promoting safe and stable families needs assessment county program plan health and safety protocols Omnibus Reconciliation Act infant care post-hospital social services planning child welfare Support Act implementation substance exposure evaluation federal support programs
(Amended by Stats. 2011, Ch. 459, Sec. 51. (AB 212) Effective October 4, 2011.)

Section § 16605

Explanation

The Kinship Support Services Program offers community-based support to family members who are caring for children placed with them by juvenile courts or those at risk of needing intervention. Counties can choose to participate and must have a plan for financial support and collaboration among different agencies. The program, which hires relatives as employees, ensures these caregivers get the help they need to maintain stable family settings, thus preventing further court interventions.

Services include case management, social services referrals, transportation, counseling, and help with legal matters, all aimed at keeping families together. Additionally, agencies like the Edgewood Center provide guidance and encourage information sharing among programs to enhance effectiveness. Funding requirements are specified in government regulations starting from the 2011–12 fiscal year.

(a)CA Welfare and Institutions Code § 16605(a)  The Kinship Support Services Program provides community-based family support services to relative caregivers and the children placed in their homes by the juvenile court or who are at risk of dependency or delinquency. Relatives with children in voluntary placements may access services, at the discretion of the county.
(b)CA Welfare and Institutions Code § 16605(b) The counties that elect to participate in the Kinship Support Services Program shall meet the following conditions and requirements:
(1)CA Welfare and Institutions Code § 16605(b)(1) Have a demonstrated capacity for collaboration and interagency coordination.
(2)CA Welfare and Institutions Code § 16605(b)(2) Have a viable plan for ongoing financial support of the local kinship support services program.
(3)CA Welfare and Institutions Code § 16605(b)(3) Utilize relative caregivers as employees of the program.
(4)CA Welfare and Institutions Code § 16605(b)(4) Have strong and viable public or private agencies to operate the program.
(5)CA Welfare and Institutions Code § 16605(b)(5) Describe how the county will develop and maintain the necessary community supports.
(c)CA Welfare and Institutions Code § 16605(c) The Kinship Support Services Program shall demonstrate the use of supportive services provided to relative caregivers and children placed in their homes using a community-based kinship support services model. This model shall provide services to relative caregivers that are aimed at helping to ensure permanent family kinship placements for children who have been placed with them by the juvenile court, and to provide family support services that will eliminate the need for juvenile court jurisdiction and the provision of services by the county welfare department.
(d)CA Welfare and Institutions Code § 16605(d) The program shall provide family support services appropriate for the target populations. These services may include, but are not limited to, the following:
(1)CA Welfare and Institutions Code § 16605(d)(1) Assessment and case management.
(2)CA Welfare and Institutions Code § 16605(d)(2) Social services referral and intervention aimed at maintaining the kinship family unit, for example, housing, homemaker services, respite care, legal services, and day care.
(3)CA Welfare and Institutions Code § 16605(d)(3) Transportation for medical care and educational and recreational activities.
(4)CA Welfare and Institutions Code § 16605(d)(4) Information and referral services.
(5)CA Welfare and Institutions Code § 16605(d)(5) Individual and group counseling in the area of parent-child relationships and group conflict.
(6)CA Welfare and Institutions Code § 16605(d)(6) Counseling and referral services aimed at promoting permanency, including kinship adoption and guardianship.
(7)CA Welfare and Institutions Code § 16605(d)(7) Tutoring and mentoring.
(e)CA Welfare and Institutions Code § 16605(e) The Edgewood Center for Children and Families in San Francisco or any other appropriate agency or individual approved by the department in consultation with participating counties shall provide technical assistance to the Kinship Support Services Program and shall facilitate the sharing of information and resources among the programs.
(f)CA Welfare and Institutions Code § 16605(f) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
Kinship Support Services Program relative caregivers community-based support juvenile court placements preventing dependency interagency coordination financial support permanent family placements family support services case management social services referral transportation assistance mentoring technical assistance information sharing
(Amended by Stats. 2012, Ch. 35, Sec. 143. (SB 1013) Effective June 27, 2012.)