SECTIONS 18358-18358.37 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 18358-18358.37

18358. The definitions contained in this section shall govern the
construction of this chapter, unless the context requires otherwise:
(a) "Department" means the State Department of Social Services.
(b) "Eligible children" means children who meet both of the
following conditions:
(1) Children who are emotionally disturbed, or who have a serious
behavioral problem, as evidenced by a history that may include, but
is not limited to, the following:
(A) Lying.
(B) Stealing.
(C) Verbal or physical aggression.
(D) Unacceptable sexual behavior.
(E) Attempts at self-harmful behaviors.
(F) Defiant and oppositional behavior.
(2) Children who, as a result of their emotional disturbance or
serious behavioral problem, satisfy one or more of the following
criteria:
(A) Are placed in a group home with a rate classification level of
nine or higher pursuant to Section 11462.
(B) Have been assessed by the child's county interagency review
team or county placing agency as at imminent risk of psychiatric
hospitalization or placement in a group home with a rate
classification level of nine or higher pursuant to Section 11462.
(C) Were previously in a group home program, except children on
probation or otherwise in the custody of the juvenile court for any
violent felony, as defined in subdivision (c) of Section 667.5 of the
Penal Code.
(D) Are voluntarily placed in a group home with a rate
classification level of 9 or higher pursuant to Section 7572.5 of the
Government Code.

18358.05. (a) The department shall implement intensive treatment
foster care programs for eligible children.
(b) (1) The department shall implement the program in any
participating county that applies for and receives the department's
approval for an intensive treatment foster care program rate.
(2) Upon application to the department, the county shall do all of
the following:
(A) Identify the population of children to be served, including,
but not limited to, the rate classification levels from 9 to 14,
inclusive, pursuant to subparagraph (A) of paragraph (2) of
subdivision (b) of Section 18358, that the county has chosen to
include.
(B) Certify that participating foster family agencies have the
required personnel, administrative support, financial services, and
resources to successfully participate in the program.
(C) Project savings or cost neutrality to the state General Fund.
(D) Provide a plan for monitoring the participating foster family
agencies for compliance with this chapter.
(3) Each participating foster family agency may, with the approval
of the host county, accept placements from counties other than the
host county.
(c) No more than a total of 1,000 children who were in, or at
imminent risk of being placed in, group homes with rate
classification levels of 9 to 11, inclusive, pursuant to Section
11462, may be placed in intensive treatment foster care programs at
the same time, from January 1, 2009, to December 31, 2011, inclusive.
This limitation does not include children in the Title IV-E waiver
demonstration project Counties of Alameda and Los Angeles.

18358.10. Each foster family agency participating in this program
shall enter into a contract or memorandum of understanding with the
county and provide all of the following personnel and administrative
and support services:
(a) (1) Special attention to the selection and training of foster
parents.
(2) All participating intensive treatment foster care (ITFC)
foster parents shall be provided with at least 40 hours of training
in the care of emotionally disturbed children or children who have a
serious behavioral problem before becoming an ITFC parent, and before
placement of a child pursuant to this program, 32 hours of ongoing
in-service training within the first 12 months after becoming a
certified ITFC parent, and 12 hours of ongoing in-service training
each year thereafter. Training shall include, but not be limited to,
working with abused and neglected children, behavior deescalation
techniques, and cardiopulmonary resuscitation and first aid. All
training shall be completed prior to the child's placement in the
home. In two-parent homes, placement may be made after one parent has
completed 40 hours of training, provided that an additional 20 hours
of ongoing in-service training are completed within 12 months after
becoming an ITFC foster parent, and provided that the second parent
has completed 40 hours of training and completes an additional 20
hours of training within the first six months of certification of the
foster parent as an ITFC foster parent.
(3) Upon approval of the county interagency review team or the
county placing agency, the training requirements specified in
paragraph (2) for a participating foster parent in this program may
be waived for foster parents with prior experience that includes, but
is not limited to, working for at least one year with emotionally
disturbed children or children who have a serious behavioral problem.
(4) Foster parents shall be provided with all necessary support
services.
(b) Caseloads for participating social work case managers that
average eight children, except as provided in paragraph (1) of
subdivision (b) of Section 18358.30.
(c) The specific assignment to each certified family home of a
trained support counselor with experience in residential treatment.
(1) The support counselor shall have one of the following:
(A) A bachelor's degree in a social science related field and at
least six months of experience in working with emotionally disturbed
children or children who have a serious behavioral problem.
(B) An associate degree in a social science related field and have
at least one year's experience in working with emotionally disturbed
children or children who have a serious behavioral problem.
(C) Upon approval of the county interagency review team or the
county placing agency, the educational requirements may be waived for
support counselors with at least two years of experience working
with emotionally disturbed children or children who have a serious
behavioral problem, and who demonstrate a combination of education,
skills, and experience that meets the specific cultural and
linguistic needs of the target population.
(2) Each participating foster family agency shall provide each
support counselor with 40 hours of training to include, but not be
limited to, working with abused and neglected children, behavior
deescalation techniques, cardiopulmonary resuscitation, first aid,
and developing treatment plans for emotionally disturbed children or
children who have a serious behavioral problem. All training shall be
completed prior to placing a child in a certified family home for
which the support counselor is assigned responsibility. An additional
20 hours of ongoing in-service training is required within the first
12 months after becoming an ITFC support counselor.
(3) Each support counselor shall provide support service to the
child and the foster family. This service shall include, but not be
limited to, structuring a safe environment for the child, collateral
contacts, and any administrative or training functions necessary to
implement the child's needs and services plan. The child's needs and
services plan shall ensure that services meet the child's needs and
are appropriate to and consistent with the minimum level of service
specified in Section 18358.30. The child's individual needs and
services plan shall be reviewed and approved by the certified foster
parents.
(d) Coordination services with local education agencies and the
service provider's nonpublic school, where applicable.
(e) A 24-hour on call administrator who is available to respond to
emergency situations.

18358.15. (a) Each foster family agency participating in the
program shall develop the child's needs and services plan, and have
it agreed to by the county interagency review team, or county placing
agency, and certified foster parents. Each foster family agency
participating in the program shall provide the services and supports
identified in the needs and services plan which are allowable under
California's foster care program in accordance with Sections 11460
and 11463, and their implementing regulations. Each foster family
agency shall also arrange for the services needed by each child and
for which the child meets eligibility criteria under applicable
publicly funded programs, including, but not limited to, mental
health, education, and health services. The foster family agency
shall arrange for these services funded by those publicly funded
programs to be delivered either by the private nonprofit organization
that also operates the foster family agency or by another qualified
provider. Children in the ITFC program who meet the public mental
health system criteria for mental health services and supports shall
have those services and supports funded by the Early Periodic
Screening, Diagnosis, and Treatment (EPSDT) program pursuant to
Section 5778 and other appropriate mental health system sources. This
subdivision shall not be construed to change the eligibility
criteria for EPSDT benefits or services pursuant to federal law. The
services that the foster family agency shall provide or arrange for
include, but are not limited to, the following:
(1) Individualized needs and services plans that ensure continuity
and stability in the placement of participating children in
certified family homes that meet the needs of eligible children,
including children making the transition from institutional placement
to noninstitutional placement. The needs and services plan for each
child in placement shall describe the specific needs of the child and
the appropriate level of services provided to the child pursuant to
Section 18358.30.
(2) Education and mental health services for children.
(3) In-home and support services necessary to implement the case
plan.
(4) Other necessary services for children in placement, including
medical and dental services.
(b) No more than one emotionally disturbed child or child who has
a serious behavioral problem shall be placed in a certified ITFC
family home unless the participating foster family agency provides
the placing or participating county welfare department with a written
assessment of the risk and compatibility of placing together two
children who are emotionally disturbed or have a serious behavioral
problem. More than two children who are emotionally disturbed or have
serious behavioral problems who are siblings may be placed together
in the same certified family home if the placement is approved by the
county interagency review team or the county placing agency of the
participating county. However, there shall be no more than a total of
five children living in a certified family home with two adults, and
there shall be no more than a total of three children living in a
certified family home with one adult, except in cases where children
living in the home other than those placed pursuant to this chapter
are 15 years of age or older.
(c) Any use of physical contact to manage the behavior of a child
that is reported to the foster family agency pursuant to Section
18538.25 shall in turn be reported by the foster family agency to the
Community Care Licensing Division of the department as a special
incident pursuant to Section 80061 of Title 22 of the California Code
of Regulations.

18358.20. In addition to the requirements of Sections 18358.10 and
18358.15, any foster family agency that serves children under this
program shall have a contract or memorandum of understanding with the
county prior to accepting referrals of children. The contract or
memorandum of understanding shall identify how the foster family
agency will provide or arrange for the following services and
activities:
(a) An effective 24 hours a day, seven days a week social work
emergency response service. The plan shall include the criteria for
an in-person response and define the timeframe in which in-person
response will be made.
(b) Mental health coverage available as needed for mental health
emergencies.
(c) Development of a service plan approved by the placing county
for each child within one month of placement that thoroughly assesses
the unique needs and strengths of the child in the life domains
specified in paragraph (1), and identifies the necessary services and
supports to improve outcomes.
(1) For purposes of this section, "life domains" means the
framework of important aspects of a child's life to be assessed in
the child's service plan, including, but not limited to, the
following:
(A) Safety.
(B) Emotional and psychological well-being.
(C) Behavioral.
(D) Family and living situation.
(E) Social and recreational.
(F) Cultural and spiritual.
(G) Educational and vocational.
(H) Health.
(I) Developmental.
(2) Applicable services and supports associated with each life
domain, which may include, but are not limited to, the following:
(A) The child's need for mental health service interventions.
(B) Individual or group mental health treatment services.
(C) Psychotropic medication and monitoring.
(D) Behavior analysis, positive behavioral interventions, and
behavioral modification techniques.
(E) Interventions designed to prevent entry or reentry into the
juvenile justice system.
(F) Family reunification services, parent training, or other
support services needed to return the child home, or when that is not
possible, to establish, reestablish, or reinforce a lifelong
relationship with a caring adult.
(G) Family finding services to support and enhance access to
lifelong permanent relationships with relative and nonrelative kin.
(H) Targeted life skills training and resources to ensure
appropriate access to social and recreational resources and
relationships, as needed to support the achievement of important
developmental milestones.
(I) Mentoring or developing of positive adult relationships.
(J) Education supports, as needed to maintain and enhance the
child's educational success and stability.
(K) Education liaison services as needed to support the child's
education in the least restrictive environment.
(L) Respite care.
(M) Support counselors.
(N) Case management to ensure appropriate and effective
coordination of activities and resources as identified in the needs
and services plan.
(d) A system for recruiting, training, and supervising qualified
in-home support counselors.
(e) A system of record keeping that documents the delivery of
services and supports to each child. This documentation shall be
summarized and submitted on an annual basis to the county. Each
agency shall report the type and cost of the services delivered.
(f) Written policies and procedures on how the program will be
structured to ensure the safety of the child, how suicide attempts,
runaways, sexual acting out or, violent and assaultive behavior will
be handled, and what will occur to reduce or eliminate future
episodes.
(g) Written procedures on frequency of treatment plan review,
modifications of treatment plans, and the role of the foster family
and the child's parents in development of the treatment plan.
(h) A process for recruitment, selection and training of foster
parents, including respite foster parents. The training curriculum
shall include the following areas, at a minimum:
(1) Alternative forms of discipline.
(2) Child growth and development.
(3) Behavior management techniques.
(4) Differential needs and treatment of children.
(5) Behavior deescalation techniques.
(i) Arranging for the provision of respite care services and
frequency of respite care.
(j) Social work staffing. Social workers shall have a master's
degree consistent with subdivision (e) of Section 1506 of the Health
and Safety Code, and shall have at least one year of experience
working with seriously emotionally disturbed children or children who
have a serious behavioral problem.
(k) Other staff or contract services to be utilized in service
delivery, the tasks and responsibilities of those individuals, and
the training they will receive.
(l) An evaluation component that includes quarterly reporting to
the department of the following data, by age group. The department
shall publish the data annually.
(1) Number of children placed under this chapter.
(2) Number of prior foster care placements for each child prior to
entering the ITFC program.
(3) Outcomes for children referred to the program, including:
(A) Percentage of children discharged to a more intensive program.
(B) Percentage of children discharged to a less restrictive
program, short of permanency.
(C) Percentage of children who drop down an ITFC level.
(D) Percentage of children discharged to reunification with a
parent or guardian.
(E) Percentage of children discharged to adoption.
(F) Percentage of children discharged to kin guardianship.
(G) Percentage of children discharged to other permanent outcome.
(H) Percentage of children hospitalized.
(I) Number of ITFC families in which a child was placed.
(J) Percentage of children continuing in placement.
(m) A plan for surveying placing counties annually to ascertain
and report to the department on the following:
(1) Quality of services provided.
(2) Progress toward treatment goals.

18358.23. In addition to the requirements of paragraph (2) of
subdivision (b) of Section 18358.05, participating counties shall do
all of the following:
(a) Determine the placement of eligible children in intensive
treatment foster care programs. All children placed in the programs
shall either have a completed level of care assessment indicating a
need for services greater than regular foster care or have their
placement reviewed by the participating county's existing interagency
review team or county placing agency.
(b) Enter into contracts or memoranda of understanding with
participating foster family agencies.
(c) Provide routine case management services.
(d) Monitor the implementation of the case plan for the child.

18358.25. (a) Certified foster parents participating under this
chapter shall ensure the well-being of emotionally disturbed children
or children with a serious behavioral problem under their care. This
care includes, but is not limited to, all of the following:
(1) Participation in initial and ongoing in-service training and
demonstration pursuant to Section 18358.1 and demonstration of an
understanding of and ability to meet the needs of emotionally
disturbed children or children with a serious behavioral problem.
(2) Participation in the implementation of the individual case
plan and in the development and implementation of the needs and
services plan for the child.
(3) Ensuring that the child's medical and dental needs are met.
(b) To the extent possible, certified foster parents selected
under this chapter shall have a background in special education,
psychological counseling, nursing, or child development.
(c) (1) All certified foster parents selected to participate in
this program shall rent, lease, or own their own homes which shall be
certified by the foster family agency.
(2) The home of certified foster parents shall be within
reasonably close proximity to the participating foster family agency
or a satellite location of the agency, and to the extent possible,
close to the child's family and community.
(d) (1) All certified foster parents shall report any special
incident pursuant to Section 80061 of Title 22 of the California Code
of Regulations. Additionally, any use of physical contact to manage
the behavior of a child shall be reported as a special incident.
(2) Certified foster parents shall report incidents to the
participating foster family agency, which shall report the incidents
to the Community Care Licensing Division of the department pursuant
to Section 18358.15.

18358.30. (a) Rates for foster family agency programs participating
under this chapter shall be exempt from the current AFDC-FC foster
family agency ratesetting system.
(b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible child
assessed by the county interagency review team or county placing
agency as at imminent risk of group home placement or psychiatric
hospitalization, the appropriate service and rate level for the child
shall be determined by the interagency review team or county placing
agency at time of placement. In all of the service and rate levels,
the foster family agency programs shall:
(1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.
(2) Pay an amount not less than one thousand two hundred dollars
($1,200) per child per month to the certified foster parent or
parents.
(3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
(4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and according to the following schedule:

Service In-Home Support
and Counselor Hours
Rate Level Per Month
A 98-114 hours
B 81-97 hours
C 64-80 hours
D 47-63 hours

(ii) Children placed at Service and Rate Level E shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
(B) When the interagency review team or county placing agency and
the foster family agency agree that alternative services are in the
best interests of the child, the foster family agency may provide or
arrange for services and supports allowable under California's foster
care program in lieu of in-home support services required by
subparagraph (A). These services and supports may include, but need
not be limited to, activities in the Multidimensional Treatment
Foster Care (MTFC) program.
(c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
(d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:

Service Fiscal Year
and 1998-99
Rate Level Standard Rate
A $3,957
B $3,628
C $3,290
D $2,970
E $2,639

(2) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded to the
nearest dollar. The resultant amounts shall constitute the new
standardized rate schedule, subject to further adjustment pursuant to
subparagraph (B), for foster family agency programs participating
under this chapter.
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized schedule of rates shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized rate schedule
for foster family agency programs participating under this chapter.
(3) (A) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds. The resultant amounts, rounded
to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under this
chapter.
(B) Effective October 1, 2009, the rates identified in this
subdivision shall be reduced by 10 percent. The resulting amounts
shall constitute the new standardized schedule of rates.
(e) Rates for foster family agency programs participating under
this chapter shall not exceed Service and Rate Level A at any time
during an eligible child's placement. An eligible child may be
initially placed in a participating intensive foster care program at
any one of the five Service and Rate Levels A to E, inclusive, and
thereafter placed at any level, either higher or lower, not to exceed
a total of six months at any level other than Service and Rate Level
E, unless it is determined to be in the best interests of the child
by the child's county interagency review team or county placing
agency and the child's certified foster parents. The child's county
interagency placement review team or county placement agency may,
through a formal review of the child's placement, extend the
placement of an eligible child in a service and rate level higher
than Service and Rate Level E for additional periods of up to six
months each.
(f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
(g) It is the intent of the Legislature to prohibit any
duplication of public funding. Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.

18358.35. Foster family agencies implementing intensive foster care
programs shall under no circumstances have any interest in the
properties occupied by the certified foster parents.

18358.36. In order to provide for continuity of services to
children receiving intensive foster care services, the two foster
family agencies providing services pursuant to this chapter prior to
January 1, 1996, may continue to operate their programs until June
30, 1997, without the certification required by Section 18358.05 and
without a contract or memorandum of understanding with counties that
have children in placement as of January 1, 1996. By July 1, 1997,
these foster family agencies shall meet all the requirements of this
chapter, including certification and contract or memorandum of
understanding with the placing county or counties.

18358.37. The department shall develop, in consultation with the
counties, providers, and other stakeholders, cost reporting,
claiming, and other procedures necessary to maximize federal
financial participation.