Cal. HSC § 1517.5 — California Code / Code hsc / Division 2 / Chapter 3 / Article 1 / Section 1517.5
Section 1517.5
Status: in_force

(a) A resource family currently approved by a foster family agency pursuant to this section or Section 1517 may be approved by a subsequent foster family agency upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following:

(1) The resource family shall complete the following activities:

(A) Submit an application for resource family approval to the subsequent foster family agency.

(B) Notwithstanding paragraph (1) of subdivision (h) of Section 1522, comply with the criminal record clearance requirements set forth in Section 16519.5 of the Welfare and Institutions Code as part of an approval update with the subsequent foster family agency, including the submission of fingerprints pursuant to Section 8712 of the Family Code.

(C) Cooperate with the subsequent foster family agency in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(2) (A) The subsequent foster family agency shall complete all of the following activities:

(i) Conduct a background check of the resource family and all adults residing or regularly present in the home in accordance with Section 1517 and as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(ii) Conduct a reference check pursuant to Section 1517.2.

(iii) Complete an approval update for the resource family, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(I) The subsequent foster family agency shall request a copy of the written report completed pursuant to Section 1517, any updates to the written report regarding the resource family from the current foster family agency, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, from the current foster family agency.

(II) The current foster family agency shall forward a copy of the written report completed pursuant to Section 1517, any updates to the written report regarding the resource family to the subsequent foster family agency, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, to the subsequent foster family agency within 20 business days of receipt of the request.

(B) (i) Notwithstanding subparagraph (A), a subsequent foster family agency shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or a pending administrative action against the applicant or an adult residing in the home, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(ii) A subsequent foster family agency may approve or deny the application after the investigation or administrative action has concluded, and the subsequent foster family agency confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.

(b) A resource family currently approved by a county pursuant to Section 16519.5 of the Welfare and Institutions Code may be approved by a subsequent foster family agency upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following:

(1) The resource family shall complete all of the following activities:

(A) Submit an application for resource family approval to the subsequent foster family agency.

(B) Notwithstanding paragraph (1) of subdivision (h) of Section 1522, comply with the criminal record clearance requirements set forth in Section 16519.5 of the Welfare and Institutions Code as part of an approval update with the subsequent foster family agency, including the submission of fingerprints pursuant to Section 8712 of the Family Code.

(C) Cooperate with the subsequent foster family agency in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(2) (A) The subsequent foster family agency shall complete all of the following activities:

(i) Conduct a background check of the resource family and all adults residing or regularly present in the home in accordance with Section 1517 and as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(ii) Conduct a reference check pursuant to Section 1517.2.

(iii) Complete an approval update for the resource family, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(I) The subsequent foster family agency shall request a copy of the written report completed pursuant to Section 16519.5 of the Welfare and Institutions Code, any updates to the written report regarding the resource family, and documents in the resource family file, including any updates to the resource family file, as specified in the written directives or regulations adopted by the department, from the county.

(II) The county shall forward a copy of the written report and any updates to the written report completed pursuant to Section 16519.5 of the Welfare and Institutions Code regarding the resource family, and documents in the resource family file, including any updates to the resource family file, as specified in the written directives or regulations adopted by the department, to the subsequent foster family agency within 20 business days of receipt of the request.

(B) (i) Notwithstanding subparagraph (A), a subsequent foster family agency shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or a pending administrative action against the applicant or an adult residing in the home as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.

(ii) A subsequent foster family agency may approve or deny the application after the investigation or administrative action has concluded, and the subsequent foster family agency confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.

(c) Resource family approval by a current foster family agency or a county shall be forfeited by operation of law upon approval as a resource family by a subsequent foster family agency in accordance with this section.

(d) A resource family approved pursuant to this section shall comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code and comply with other applicable federal and state laws in order to maintain approval.

(e) Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the rate paid on behalf of a child or nonminor dependent to an approved resource family approved by a licensed foster family agency or county child welfare agency that has applied to transfer their approval to a licensed foster family agency pursuant to this section shall be the rate most recently established for the child or nonminor dependent pursuant to Section 11461. Upon approval of the resource family by the foster family agency pursuant to this section, the rate may be adjusted based on the needs of the child, consistent with guidance provided by the department.

(f) (1) Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the department may temporarily waive provisions of this section to facilitate the expedient transfer of the approval of a resource family approval that was approved by a licensed foster family agency pursuant to this section or Section 1517 to another licensed foster family agency. Waivers pursuant to this subdivision shall not include waivers of background check requirements.

(2) It is the intent of the Legislature that, as part of this process, the department provide, on a timely basis, any information and documentation related to pending investigations and administrative actions against the resource family to the foster family agency to facilitate decisions regarding approval of the resource family.

(3) This subdivision shall be inoperative on January 1, 2027.

(g) For purposes of this section, the following definitions apply:

(1) “Current foster family agency” means a foster family agency by which a resource family is currently approved pursuant to this section or Section 1517.

(2) “Subsequent foster family agency” means a foster family agency to which a resource family has submitted an application for resource family approval pursuant to this section.

(3) “County” means a county child welfare or probation department by which a resource family is currently approved pursuant to Section 16519.5 of the Welfare and Institutions Code.