(a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(2) For purposes of this section, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(b) (1) The applicable licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in paragraph (2), until the license is revoked or forfeited by operation of law pursuant to this section or Section 1524 of the Health and Safety Code.
(2) The department shall approve or deny all foster family home license applications received on or before December 31, 2016, in accordance with this chapter.
(3) On and after January 1, 2017, the department shall not accept applications to license foster family homes.
(4) The following shall apply to all foster family homes:
(A) A foster family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B) A foster family home that had a child in placement for any length of time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C) A foster family home that provided county authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5) An individual who is approved as a resource family pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.
(6) All foster family home licenses shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph or Section 1524.
(A) All licensed foster family homes that did not have a child in placement or did not provide county authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B) For foster family home licensees who have pending resource family applications on December 31, 2019, the foster family home license shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C) A foster family home license shall be forfeited by operation of law upon approval as a resource family.
(Amended by Stats. 2017, Ch. 732, Sec. 10. (AB 404) Effective January 1, 2018.)
Last modified: October 25, 2018