SECTIONS 5875-5878 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5875-5878

5875. The Secretary of Health and Welfare shall require the State
Department of Mental Health to develop an administrative waiver
process for counties that either propose to be, or are considered,
system of care counties by the department.

5877. (a) For system of care counties, or as part of the county
program proposal to apply for status as a system of care county,
requests may be made for waivers from those state regulations that
appear to prevent interagency coordination or collaboration in
interagency case management and other service delivery capabilities.
(b) The state regulation or regulations shall be specifically
identified in the waiver request, with a statement of the reason why
the identified regulation or regulations should be waived and, where
applicable, the following:
(1) An assurance as to how planned interagency collaborative
activities can meet the program intent of the regulation or
regulations.
(2) An explanation as to why the identified regulation or
regulations would create duplication of effort with an interagency
collaborative approach.
(3) An explanation as to how a waiver of the regulation or
regulations would not hinder the ability of the involved state agency'
s fiscal accountability or responsibility for federal moneys, and how
granting of the waiver would support achievement of estimated cost
avoidance, and result in decreased use of group homes, children and
adolescent state hospital programs, nonpublic school residential
placement, and juvenile justice reincarcerations, and in improved
school attendance or performance.

5878. (a) (1) The Secretary of the Health and Welfare Agency, the
Superintendent of Public Instruction, or the Secretary of the Youth
and Corrections Agency may waive any state regulatory obstacles to
the integration of public responsibilities and resources required for
counties which have been approved as system of care counties.
(2) The waiver shall remain in effect as long as the local program
continues to meet standards as specified in the scope of work plan
approved by the State Department of Mental Health.
(b) The Secretary of Health and Welfare, the Superintendent of
Public Instruction, and the Secretary of the Youth and Corrections
Agency, and those departments designated as single state agencies
administering federal programs, shall make every effort to secure
federal waivers and any other changes in federal policy or law
necessary to support interagency collaboration and coordination in a
system of care service delivery system.