Cal. WIC § 16560 — California Code / Code wic / Division 9 / Part 4 / Chapter 6.5 / Section 16560
Section 16560
Status: in_force

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

(1) The Continuum of Care Reform (CCR) was enacted to improve California’s child welfare system and its outcomes through, in part, the selection and use of comprehensive initial child assessments.

(2) In 2018, the department selected the Child and Adolescent Needs and Strengths (CANS) assessment tool as the evidence-based, functional assessment tool as part of the implementation of the CCR. Pursuant to Section 16523.55, the requirement under Section 16523.5 for quarterly updates to the Legislature by the department on the implementation of the CCR has included a requirement for status updates on the utilization of the CANS assessment tool.

(3) The Legislature supports the use of a standardized CANS assessment tool completed to fidelity to guide case management and to identify trauma-informed services and supports tailored to meet the individual needs of children in foster care, with the goal of obtaining permanency and stability for every child and nonminor dependent.

(4) The Legislature further supports a trauma-informed approach to using the CANS assessment tool to reduce the number and duplication of assessments of youth.

(b) For purposes of this chapter, the following definitions shall apply:

(1) “Child” means a person, including an Indian child as described in subdivision (a) of Section 224.1, who is under 18 years of age and placed into foster care by a placing agency.

(2) “Integrated Practice-Child and Adolescent Needs and Strengths” or “IP-CANS” shall have the same meaning as the IP-CANS, described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 11461.

(3) “Nonminor dependent” has the same meaning as a nonminor dependent in subdivision (v) of Section 11400.

(4) “Placing agency” means a county child welfare agency, a county probation department, or an Indian tribe that has entered into an agreement pursuant to Section 10553.1.

(c) (1) Beginning January 1, 2026, all placing agencies shall ensure completion of IP-CANS assessments for every child and nonminor dependent placed in foster care under the care and supervision of the placing agency, in accordance with the standards and guidelines developed by the department pursuant to subdivision (d). The IP-CANS assessment shall be informed by members of the child and family team, including the child or nonminor dependent, the family of the child or nonminor dependent, and the child’s tribe in the case of an Indian child.

(2) The placing agency shall ensure completion of an IP-CANS assessment and entry into the statewide child welfare information system for each child or nonminor dependent within 60 days of their entry or reentry into foster care, as defined by the department, or within 30 days in the case of an Indian child.

(3) The placing agency shall ensure completion of a new or updated IP-CANS assessment for each child or nonminor dependent at least once every six months after the IP-CANS assessment is completed pursuant to paragraph (2), and more frequently to address the needs or changing circumstances of the child or nonminor dependent as directed by the department.

(4) The IP-CANS assessments shall determine the child’s or nonminor dependent’s tier for purposes of the Tiered Rate Structure established in subdivision (h) of Section 11461.

(d) (1) The department shall engage with a working group regarding guidelines and standards on the use of the IP-CANS that shall include, but not be limited to, all of the following:

(A) Outcome measures, tools, training, coaching, and other supports necessary to ensure the IP-CANS assessments are completed to fidelity.

(B) The timing and use of the IP-CANS assessments in determining a child’s or nonminor dependent’s tier in the Tiered Rate Structure.

(C) The conditions that trigger the completion of an updated or new IP-CANS assessment.

(D) The impact of changes in the child’s or nonminor dependent’s tier as determined by subsequent IP-CANS assessments, including the timing of changes in the components of the Tiered Rate Structure based on changes in the child’s or nonminor dependent’s tier and exceptions which will apply in order to support placement in a family home.

(2) Not later than January 1, 2025, the department shall issue guidance and instructions for this subdivision to placing agencies regarding implementation by July 1, 2025, of the guidelines and standards developed pursuant to this subdivision.

(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this chapter by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.