Cal. FAM § 7911 — California Code / Code fam / Division 12 / Part 5 / Section 7911
Section 7911
Status: in_force

(a) The Legislature finds and declares all of the following:

(1) The health and safety of California children placed by a county child welfare agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.

(2) The State Department of Social Services has full authority to require any placement of a child in an out-of-state residential facility by a county child welfare agency or county probation department be approved on a child-specific basis after the county has exhausted in-state placement and services options that meet the needs of the child and participated in the department’s technical assistance program. Before the juvenile court approves the placement pursuant to Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, the State Department of Social Services shall certify the out-of-state residential facility pursuant to Section 7911.1. Before processing an application for out-of-state placement in a residential facility pursuant to the Interstate Compact on the Placement of Children, the Compact Administrator shall verify that the placement was approved by the juvenile court and that it has been certified by the department.

(3) The Legislature further finds and declares that certification of facilities licensed under a separate state’s licensing standards has not been sufficient to ensure that the stringent California short-term residential therapeutic programs requirements are maintained to safeguard the health, safety, and well-being of California’s foster children and youth. Further research demonstrates that dependents and wards in foster care placements are generally better served when they are able to maintain and develop local community supports closer to their families and communities.

(b) (1) On and after July 1, 2021, foster care placements by county child welfare agencies or probation departments into out-of-state residential facilities shall not be made, except in the limited circumstances authorized by Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, as applicable. Unless placement of a child in an out-of-state residential facility does not require certification pursuant to subdivision (h) of Section 7911.1, the Compact Administrator shall not seek approval of placement in an out-of-state residential facility from the receiving state unless all of the following criteria are met:

(A) The Compact Administrator has received from the county placing agency documentation that it has complied with the requirements of Section 16010.9 of the Welfare and Institutions Code.

(B) The Compact Administrator has received documentation that the out-of-state residential facility has been certified by the State Department of Social Services, including documentation that the director of the State Department of Social Services has approved the certification.

(C) The Compact Administrator has received a copy of the juvenile court order authorizing placement of the child in the out-of-state residential facility pursuant to Section 361.21 or 727.1 of the Welfare and Institutions Code.

(2) On and after July 1, 2022, county child welfare agencies or probation departments shall not make new placements in out-of-state residential facilities, except for placements described in subdivision (h) of Section 7911.1.

(c) Notwithstanding any other law, on and after July 1, 2022, the State Department of Social Services shall not certify any new out-of-state residential facilities for placement by county child welfare agencies or probation departments. On and after July 1, 2022, the Compact Administrator shall not seek approval of any new placements by county child welfare agencies or probation departments in out-of-state residential facilities.

(d) The state shall decertify all out-of-state residential facilities for placement by county child welfare agencies or probation departments on January 1, 2023, and ensure that all children and youth placed in out of state residential facilities have been returned to California by that date.

(e) This section is declaratory of existing law with respect to the Governor’s designation of the State Department of Social Services to act as the Compact Administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.