CA Welf & Inst Code § 4096 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 4 - MENTAL HEALTH|PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT|CHAPTER 3 - Facility Licensing, Program Certification, and Ratesetting|ARTICLE 5 - Programs for Seriously Emotionally Disturbed Children and Court Wards and Dependents|Section 4096.

4096.  (a) This section governs interagency placement committees related to the placement of dependents and wards into short-term residential therapeutic programs, as specified in Section 11462.01, or in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code. This section shall also apply to determinations made pursuant to paragraph (1) of subdivision (e) of Section 4094.5, as applicable.(1) Interagency collaboration and children’s program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and programs regarding nonemergency placements of foster children in certified residential therapeutic programs.(2) Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.(3) The State Department of Health Care Services shall develop performance contract components required by paragraph (2).(4) Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.(b) Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.(c) A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.(d) Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.(e) (1) Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, a child who is the subject of a petition filed pursuant to Section 300, a child detained pursuant to Section 636, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care program, who is to be placed or is currently placed in a program, as specified in subdivision (a), shall be determined to meet one of the following:(A) The child or ward meets the medical necessity criteria for Medi-Cal specialty mental health services, as the criteria are described in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.(B) The child or ward is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.(C) The child’s or ward’s individual behavioral or treatment needs can only be met by the level of care provided in a program, as specified in subdivision (a).(2) The determination required by paragraph (1) shall do all of the following:(A) Ensure that the care and services that the child needs, including any care or service needs determined by the qualified individual assessment, are provided by a program, as specified in subdivision (a), and include documentation regarding how medically necessary Medi-Cal specialty mental health services will be provided in a provisionally licensed program.(B) Ensure that the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need.(C) Consider the detailed history that shall be provided by the placing agency outlining behavior that may pose a threat to the health or safety of that child and the other children residing in the program and consider any potential interference with the effectiveness of the care and services provided to that child and the other children residing in the program, as specified in subdivision (a).(D) Describe additional safety measures and therapeutic interventions needed to mitigate identified challenging behaviors or risks to the safety of the child and other children in the facility.(E) Present the determination to the placing agency within five business days of the referral.(3) This subdivision does not prohibit an interagency placement committee from considering an assessment that was provided by a licensed mental health professional, as described in subdivision (j), and that was developed consistent with procedures established by the county pursuant to paragraph (1).(4) The State Department of Health Care Services and the State Department of Social Services shall develop a dispute resolution process or utilize an existing dispute resolution process currently operated by each department to jointly review a disputed interagency placement committee determination made pursuant to this subdivision. The departments shall report the developed or utilized dispute resolution process to the appropriate policy and fiscal committees of the Legislature no later than January 1, 2017, and shall track the number of disputes reported and resolved, and provide that information to the Legislature annually as part of the State Budget process. 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 departments may issue guidance on the joint review process for dispute resolution by written directive.(f) The interagency placement committee shall document the results of the determination required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the determination.(g) (1) For a placement in a short-term therapeutic residential program, or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, made on or after October 1, 2021, a qualified individual, as defined pursuant to subdivision (l) of Section 16501, shall conduct an assessment pursuant to this subdivision if the child is placed by a county child welfare or probation placing agency.(2) (A) Unless the placement is an emergency placement pursuant to paragraph (3) of subdivision (h) of Section 11462.01, the qualified individual shall conduct an independent assessment and determination regarding the needs of the child prior to placement in a short-term therapeutic residential program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code. In the event of an emergency placement, the qualified individual shall conduct the independent assessment and determination regarding the needs of the child within 30 days of the start of the placement.(B) In connection with the activities required by the qualified individual, placing agencies shall adopt, and all parties to the child’s case shall utilize, the universal release of information identified by the State Department of Social Services and the State Department of Health Care Services.(3) The assessment conducted by the qualified individual shall include, at a minimum, all of the following:(A) Engagement with the child and family team members and, in the case of an Indian child, the Indian child’s tribe, in conducting the assessment.(B) An assessment of the strengths and needs of the child or nonminor dependent, using an age-appropriate, evidence-based, validated, functional assessment tool and methodology approved by the State Department of Social Services and the State Department of Health Care Services. If the authorized assessment tool has already been completed as part of the child and family team within the last two months, the qualified individual may utilize or update those results at the discretion of the qualified individual.(C) The identification of the child-specific short- and long-term mental and behavioral health goals and treatment needs of the child.(D) In the case of an Indian child, the qualified individual’s efforts to consult with the child’s tribe. The qualified individual shall consult and confer with a representative of the child’s tribe or, at the direction of the tribal representative, the qualified expert witness, as described in Section 224.6. Such consultation shall include, but not be limited to, determination of the social and cultural standards of the Indian child’s tribe.(4) The qualified individual shall determine and document the following in writing:(A) Whether the assessed needs of the child or nonminor dependent can be met with family members, in a tribally approved home in the case of an Indian child, or in another family-based setting.(B) If the child or nonminor dependent’s needs cannot be met with family members, in a tribally approved home in the case of an Indian child, or in another family-based setting, all of the following:(i) Why the needs of the child cannot be met with family members of the child or in another family-based setting identified by the placing agency, or in a tribally approved home in the case of an Indian child.(ii) Why a short-term residential therapeutic program, or, where applicable, an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, is the setting that will provide the child with the most effective and appropriate level of care in the least restrictive environment.(iii) How a short-term residential therapeutic program intervention, or the program intervention of an applicable out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child, and for an Indian child, will meet the child’s needs consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe.(iv) The mental and behavioral health interventions and treatment that the program will implement to improve functioning and well-being and, for an Indian child, how the interventions and treatment will be conducted in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe.(v) The potential impact of transferring the responsibility to authorize, arrange or provide, and pay for, specialty mental health services from one county mental health plan to another, pursuant to Section 14717.1.(vi) Any known multiagency care coordination needs that should be planned for during discharge and aftercare planning, as developed pursuant to Section 4096.6, upon the child’s transition to a family-based setting.(C) The engagement with the child and family team members and, in the case of an Indian child, the Indian child’s tribe.(5) The assessment of the qualified individual does not replace or replicate existing case planning or case management activities, roles, and responsibilities of the county placing agency caseworker in preparation of the child’s case plan pursuant to Section 16501.1 or requirements of the interagency placement committee established pursuant to this section.(6) The qualified individual shall provide the assessment required by paragraph (3) and the report required by paragraph (4) to the county placing agency and the short-term residential therapeutic program, or, where applicable, the out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code, in which the child or nonminor dependent is or will be placed.(7) It is the intent of the Legislature that the assessments of a qualified individual provided pursuant to this subdivision are provided as specialty mental health services, whenever possible, consistent with all state and federal Medicaid requirements.(8) For purposes of subparagraph (K) of paragraph (1) of subdivision (a) of Section 827, a qualified individual shall be considered a member of the child’s multidisciplinary team.(h) (1) The State Department of Social Services and the State Department of Health Care Services shall issue joint guidance that shall include, but not be limited to, all of the following:(A) The statewide standards and approval requirements for qualified individuals, as defined in subdivision (l) of Section 16501.(B) The requirements for referrals to, and the assessment conducted by, the qualified individual pursuant to subdivision (g).(C) Documentation requirements necessary to meet state and federal child welfare requirements and documentation requirements for Medi-Cal specialty mental health activities conducted by the qualified individual.(D) The applicable state and federal privacy and confidentiality laws that permit or limit the dissemination of the assessment of the qualified individual developed pursuant to subdivision (g).(2) The guidance issued pursuant to this subdivision shall be issued on or before July 31, 2021.(i) Nothing in this section shall be interpreted to prevent a county placing agency from making a placement in a short-term residential therapeutic program on an emergency basis, as permitted pursuant to subdivision (h) of Section 11462.01, prior to the determination by the interagency placement committee pursuant to this section.(j) If the child’s or youth’s placement is not funded by the Aid to Families with Dependent Children-Foster Care program a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. A “licensed mental health professional” includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12.(k) (1) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.(2) Notwithstanding any other law, contracts awarded by the State Department of Social Services for purposes of this section shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.(Amended by Stats. 2021, Ch. 696, Sec. 19. (AB 172) Effective October 8, 2021.)