reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2 - County Adoption Agencies › Section 16105.

16105. If any grants-in-aid are made by the federal government for the cost of administering an adoption program, or for the cost of care of children relinquished for adoption, the amount of the federal grant shall be applied to defer the cost of administration or of care.
(Amended by Stats. 2012, Ch. 35, Sec. 105. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2 - County Adoption Agencies › Section 16106.

16106. The state shall reimburse each county for the cost of care of any child placed under the custody of a county department pursuant to Section 8805 or 8918 of the Family Code. County claims for reimbursement of expenses incurred pursuant to Section 8805 or 8918 of the Family Code shall be filed with the department at the time and in the manner specified by the department, and the claims shall be subject to audit by the department. Whenever a claim covering a prior fiscal year is found to have been in error, adjustment may be made on a current claim without the necessity of applying adjustment to the appropriation for the prior fiscal year.
(Amended by Stats. 1992, Ch. 163, Sec. 157. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16115.

16115. Aid under this chapter shall be known as the Adoption Assistance Program.
(Amended by Stats. 1982, Ch. 977, Sec. 18. Effective September 13, 1982. Operative October 1, 1982, by Sec. 36 of Ch. 977.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16115.5.

16115.5. It is the intent of the Legislature in enacting this chapter to benefit children residing in foster homes by providing the stability and security of permanent homes, and in so doing, achieve a reduction in foster home care. It is not the intent of this chapter to increase expenditures but to provide for payments to adoptive parents to enable them to meet the needs of children who meet the criteria established in Sections 16116, 16120, and 16121.
(Amended by Stats. 1993, Ch. 1087, Sec. 1. Effective October 11, 1993.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16120.05.

16120.05. The adoption assistance agreement shall, at a minimum, specify the amount and duration of assistance, and that the amount is subject to any applicable increases pursuant to the cost-of-living adjustments established by statute. The date for reassessment of the child’s needs shall be set at the time of the initial negotiation of the adoption assistance agreement, and shall, thereafter be set at each subsequent reassessment. The interval between any reassessments may not exceed two years.
The adoption assistance agreement shall also specify the responsibility of the adopting family for reporting changes in circumstances that might negatively affect their ability to provide for the identified needs of the child.
(Amended by Stats. 2011, Ch. 32, Sec. 66. (AB 106) Effective June 29, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16120.1.

16120.1. Upon the authorization of the department or, where appropriate, the county responsible for determining the child’s or nonminor dependent’s Adoption Assistance Program eligibility status and for providing financial aid, the responsible county shall directly reimburse eligible individuals for reasonable nonrecurring expenses, as defined by the department, incurred as a result of the adoption of a special needs child, as defined in subdivisions (a) to (c), inclusive, and subdivision (l), of Section 16120. Reimbursements shall conform to the eligibility criteria and claiming procedures established by the department and shall be subject to the following conditions:
(a) The amount of the payment shall be determined through agreement between the adopting parent or parents and the department or the county responsible for determining the child’s Adoption Assistance Program eligibility status and for providing financial aid. The agreement shall indicate the nature and the amount of the nonrecurring expenses to be paid. Payments shall be limited to an amount not to exceed four hundred dollars ($400) for each placement eligible for the Adoption Assistance Program.
(b) There shall be no income eligibility requirement for an adoptive parent or adoptive parents in determining whether payments for nonrecurring expenses shall be made.
(c) Reimbursement for nonrecurring expenses shall be limited to costs incurred by or on behalf of an adoptive parent or adoptive parents that are not reimbursed from other sources. No payments shall be made under this section if the federal program for reimbursement of nonrecurring expenses for the adoption of children eligible for the Adoption Assistance Program pursuant to Section 673 of Title 42 of the United States Code is terminated.
(d) Reimbursement for nonrecurring expenses shall be in addition to any adoption expenses paid pursuant to Section 16121 and shall not be included in the computation of maximum benefits for which the adoptive family is eligible pursuant to Section 16121.
(Amended by Stats. 2012, Ch. 846, Sec. 49. (AB 1712) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16121.05.

16121.05. (a) The department or county adoption agency may recover any overpayments of financial assistance under the Adoption Assistance Program, and shall develop regulations that establish the means to recoup them, including an appropriate notice of action and appeal rights, when the department determines either of the following applies:
(1) The adoptive parents are no longer legally responsible for the support of the child.
(2) The child is no longer receiving support from the adoptive family.
(3) The adoptive family has committed fraud in its application for, or reassessment of, the adoption assistance.
(b) Children on whose behalf an adoption assistance agreement had been executed prior to October 1, 1992, shall continue to receive adoption assistance in accordance with the terms of that agreement.
(c) Payment shall begin on or after the effective date of an adoption assistance agreement, or a deferred adoption assistance agreement, or a final decree of adoption, provided that the adoption assistance agreement has been signed by all required parties prior to or at the time the adoption decree is issued by the court. The amount and duration of assistance shall not be changed without the concurrence of the adoptive parents, unless any of the following has occurred:
(1) The child has attained 18 years of age, or 21 years of age where the child has a mental or physical disability that warrants the continuation of assistance.
(2) The adoptive parents are no longer legally responsible for the support of the child.
(3) The child is no longer receiving any support from adoptive parents.
(Amended by Stats. 2012, Ch. 35, Sec. 111. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16121.1.

16121.1. Notwithstanding the provisions of Section 11105, the residence of the adoptive parents at the time of or subsequent to adoptive placement shall not terminate the eligibility of a child who is otherwise eligible for adoptive assistance payments.
(Added by Stats. 1982, Ch. 977, Sec. 28.5. Effective September 13, 1982. Operative October 1, 1982, by Sec. 36 of Ch. 977.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16121.2.

16121.2. The Director of Social Services and the Director of Health Services may enter into interstate agreements pursuant to Chapter 2.6 (commencing with Section 16170) that provide for medical and other necessary services for special needs children, establish procedures for interstate delivery of adoption assistance and related services and benefits, and provide for the adoption of related regulations.
(Added by Stats. 1999, Ch. 887, Sec. 8. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16123.

16123. The provisions of Section 16120, permitting the payment of adoption assistance until a child attains 18 or 21 years of age if the child has mental or physical handicaps, or effective January 1, 2012, up to 21 years of age, if the child or nonminor meets the criteria specified in paragraph (3) of subdivision (d) of Section 16120, shall be effective as long as federal funds are available under Title IV-E of the federal Social Security Act (Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code), and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to Section 473(a)(4) of the federal Social Security Act (42 U.S.C. Sec. 673(a)(4)). When those funds cease to be available, the maximum length for payment of the Adoption Assistance Program shall be five years except in instances in which there is a continuing need, related to a chronic health condition of the child which necessitated the initial financial assistance. On and after October 1, 1992, the parent may petition the department or the responsible county to continue financial assistance up to the age of majority.
(Amended by Stats. 2012, Ch. 846, Sec. 51. (AB 1712) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.1 - Aid for Adoption of Children › Section 16125.

16125. A foster child whose adoption has become final, who is receiving or is eligible to receive Adoption Assistance Program assistance, including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her adoptive parents, pursuant to all of the following:
(a) The host county mental health plan shall be responsible for submitting the treatment authorization request (TAR) to the mental health plan in the county of origin.
(b) The requesting public or private service provider shall prepare the TAR.
(c) The county of origin shall retain responsibility for authorization and reauthorization of services utilizing an expedited TAR process.
(d) (1) The State Department of Social Services shall convene a stakeholder group to identify barriers to the provision of mental health services by mental health professionals with specialized clinical training in adoption or permanency issues to children who are receiving services pursuant to this section. The stakeholder group shall include, but is not limited to, all of the following persons:
(A) Adoptive parents.
(B) Former foster youth.
(C) Representatives from the mental health and child welfare fields, including associations representing county mental health departments and private organizations providing specialty mental health services.
(D) Representatives from mental health and social work graduate degree-granting postsecondary education institutions.
(E) Representatives from relevant state and local agencies.
(2) The stakeholder group shall, on or before January 31, 2016, make specific recommendations for voluntary measures available to state and local government agencies and private entities, as appropriate, to address those barriers. The department shall collect existing research and professional literature pertinent to the need for specialized clinical training in adoption and permanency issues, and shall distribute the information to the stakeholder group for consideration and use in making its recommendations. The stakeholder group shall coordinate with, and endeavor not to duplicate, existing local, state, or national initiatives.
(3) A recommendation made pursuant to paragraph (2) shall not be construed to be binding on any state or local government agency or private entity.
(Amended by Stats. 2014, Ch. 766, Sec. 1. (AB 1790) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.2 - State Adoption Services › Section 16130.

16130. In any county which does not have a county adoption agency established pursuant to Section 16100, the department may establish services incident to the relinquishment of children for adoption. The services shall be provided in such manner as may be deemed advisable by the department.
(Added by Stats. 1968, Ch. 879.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.2 - State Adoption Services › Section 16131.

16131. It is the intent of the Legislature to conform state statutes to federal legislation, including the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) and the Adoption and Safe Families Act of 1997 (Public Law 105-89), and to reinvest any incentive payments received through implementation of the federal act into the child welfare system in order to provide adoption services and other legal permanency options for children.
(Amended by Stats. 2015, Ch. 425, Sec. 25. (SB 794) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.2 - State Adoption Services › Section 16131.5.

16131.5. (a) The state shall reinvest adoption and guardianship incentive payments received through the implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) into the child welfare system, in order to provide legal permanency outcomes for older children, including, but not limited to, adoption, guardianship, and reunification of children whose reunification services were previously terminated.
(b) The incentive payments received pursuant to subdivision (a), upon appropriation by the Legislature in the annual Budget Act or another statute, shall be allocated by the State Department of Social Services to the counties, and the department for a county in which the department serves as an adoption agency, based on documented increases in legal permanency outcomes for older children achieved by each county, as determined by the department, in consultation with counties, for the purposes specified in this section.
(c) A county, or the department when it acts as the adoption agency for a county, shall use adoption and guardianship incentive payment funds to improve or sustain legal permanency outcomes for older children.
(d) Nothing in this section shall be construed to supplant funds currently being spent on programs to provide legal permanency outcomes.
(Amended by Stats. 2015, Ch. 425, Sec. 26. (SB 794) Effective January 1, 2016.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.2 - State Adoption Services › Section 16132.

16132. It is the intent of the Legislature to conform state statutes to recently enacted federal legislation, the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and to expend savings resulting from changes in eligibility for adoption assistance on services, including, but not limited to, postadoption assistance, that may be provided under Title IV-B and IV-E of the federal Social Security Act.
(Added by Stats. 2009, Ch. 222, Sec. 3. (AB 154) Effective January 1, 2010.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.2 - State Adoption Services › Section 16133.

16133. On and after July 1, 2011, when a person has been an employee of the State Department of Social Services within the 12-month period prior to his or her employment by a county, the board of supervisors, to the extent feasible, may allow that person to retain, as a county employee, those employee benefits to which that person was entitled or had accumulated as an employee of the State Department of Social Services, or provide that employee with comparable benefits provided for other county employees whose services as county employees is equal to the state service of the former employee of the State Department of Social Services. These benefits include, but are not limited to, retirement benefits, seniority rights under civil service, accumulated vacation, and sick leave.
(Added by Stats. 2012, Ch. 35, Sec. 114. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.

16135. The purpose of this chapter is to establish a program for special training and services to facilitate the adoption of children who are HIV positive, or born to a substance-abusing mother. This program shall be available to any county that elects to participate pursuant to procedures established by the department.
(Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 116. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.1.

16135.1. (a) “Eligible child” means any child who meets the requirements of paragraph (1) or (2), and paragraph (3).
(1) Any child who has a condition or symptoms resulting from, or are suspected as resulting from, alcohol or substance abuse by the mother.
(2) Any child who is HIV positive.
(3) Any child who meets the requirements of either paragraph (1) or (2) and who meets all of the following requirements:
(A) The child is a dependent child of the court.
(B) The child has an adoption case plan and resides with a preadoptive or adoptive caregiver, or the plan is to transition and move the child to a preadoptive or adoptive caregiver.
(b) “TIES for Adoption” means Training, Intervention, Education, and Services for Adoption, a training project developed and implemented by the Adoptions Division of the Los Angeles County Department of Children’s Services, the UCLA Center for Healthier Children, Families, and Communities, and the UCLA Psychology Department, a demonstration project funded by the Federal Adoption Opportunities Program from September 30, 1995, to December 31, 1997, inclusive.
(c) “HIV positive” means having a human immunodeficiency virus infection.
(d) “Specialized in-home health care” means, but is not limited to, those services identified by the child’s primary physician as appropriately administered by a prospective adoptive parent who has been trained by mental health or health care professionals.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.10.

16135.10. (a) In order to promote successful adoptions of substance and alcohol exposed court dependent children, participating counties shall maintain a program of specialized training and supportive services to families adopting court dependent children who are either HIV positive or assessed as being prenatally exposed to alcohol or a controlled substance.
(b) The program shall include respite services. Notwithstanding any other provision of law, respite services shall be funded with a 30 percent nonfederal county share consistent with the normal sharing ratio for child welfare services. This county share may be provided with county general funds, in-kind contributions, or other funds. The source of the county share shall meet all applicable state and federal requirements and provide counties with maximum flexibility.
(c) Notwithstanding subdivision (b), beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 117. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.13.

16135.13. (a) A participating county shall provide special training to recruited adoptive parents to care for eligible children. The training curriculum shall include, but is not limited to, all of the following:
(1) Orientation.
(2) Effect of alcohol and controlled substances on the fetus and children.
(3) Normal and abnormal infant and early childhood development.
(4) Special medical needs and disabilities.
(5) Recovery from addiction to alcohol and controlled substances.
(6) Self-care for the caregiver.
(7) HIV/AIDS in children.
(8) Issues in parenting and providing lifelong permanency and substance abuse prevention to, children with prenatal alcohol and other controlled substances exposure.
(9) Issues specific to caring for a child who tests HIV positive.
(b) Participating counties may provide the same special training to relative caretakers in the process of adopting program-eligible children.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.14.

16135.14. (a) The county shall determine whether a child is eligible for services pursuant to this section.
(b) A participating county shall select a specialized prospective adoptive home for the child.
(c) If an eligible child’s adoptive placement changes from one participating county to another participating county, the child shall remain eligible for services.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.16.

16135.16. The requirements of this section may be met by the implementation of the TIES for Adoption program as defined in Subdivision (b) of Section 16135.1.
(Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 118. (SB 1013) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.17.

16135.17. Participating counties shall prepare an adoption services case plan pursuant to regulations adopted by the department and arrange for nonmedical support services. Nonmedical support services shall include respite care for specially trained prospective adoptive parents, including relative caretakers, pursuant to regulations adopted by the department. Nonmedical support services may also include, but are not limited to, temperament and behavior management training, consultation regarding medical and psychological issues and services, and educational advocacy.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.25.

16135.25. The department shall do all of the following:
(a) Develop necessary procedures and standardized programs for a specialized adoptive home training project.
(b) Assist counties in coordinating sources of funding and services available to eligible children in order to maximize the social services provided to these children and avoid duplication of program funding.
(c) Require that participating counties coordinate available services for this population and their adoptive families.
(d) Provide to a requesting county information necessary to establish a program.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.3 - Adoption of Alcohol- and Drug-Exposed and HIV Positive Children › Section 16135.30.

16135.30. (a) Notwithstanding any other provision of law, subdivisions (b) and (c) shall control the placement of a child pursuant to this chapter.
(b) A county may place children who are alcohol or controlled substance exposed or HIV positive in prospective adoptive homes pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(c) If a county makes a placement pursuant to subdivision (b), a preadoptive parent trained by health care professionals may provide specialized in-home health care to that child who was placed in their home for the purpose of adoption.
(Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16160.

16160. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710 of the Welfare and Institutions Code and a childcare ombudsperson program pursuant to Section 1596.872a of the Health and Safety Code. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for foster children by establishing a foster care ombudsperson program within the State Department of Social Services.
(Amended by Stats. 2021, Ch. 293, Sec. 1. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16161.

16161. (a) The Office of the State Foster Care Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing children who are placed in foster care, either voluntarily or pursuant to Section 300 and Sections 600 and following, with a means to resolve issues related to their care, placement, or services. The work of the office falls within the provisions of subparagraphs (I) and (J) of paragraph (1) of subdivision (a) of Section 827, and the office shall meet all of the provisions and requirements of that section with regard to access, confidentiality, and the use of information.
(b) For purposes of this chapter, “foster care” includes all of the following:
(1) Voluntary placement in a licensed or approved children’s residential facility or with an approved resource family.
(2) Placement in a licensed or approved children’s residential facility, with an approved resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, pursuant to Article 6 (commencing with Section 300) and Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2.
(3) Placement by a governmental entity in a residential facility or home subject to licensure, certification, or approval by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(Amended by Stats. 2021, Ch. 293, Sec. 2. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16162.

16162. (a) The Director of Social Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of nonprofit children’s advocacy organizations and current or former foster youth.
(b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers.
(c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. In no event shall the acting ombudsperson remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section.
(Amended by Stats. 2021, Ch. 293, Sec. 3. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16163.

16163. The department shall hire the necessary personnel to perform the functions of the office. Priority shall be given to former foster youth in hiring decisions.
(Added by Stats. 1998, Ch. 311, Sec. 66. Effective August 19, 1998.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16165.

16165. As part of the office’s efforts to resolve complaints related to foster care, the ombudsperson may do all of the following:
(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.
(b) Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following:
(1) Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.
(A) For purposes of this section, “access” means the right to do all of the following:
(i) Enter any licensed or approved children’s residential facility, upon providing identification.
(ii) Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer.
(iii) Review and copy any resident record or caregiver file.
(iv) Observe all resident and staff areas of a facility.
(v) Review and reproduce administrative records, policies, and documents of any licensed or approved children’s residential care facility.
(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.
(vii) Interview all relevant witnesses.
(B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.
(2) Observe proceedings and attend hearings, consistent with Section 346.
(c) Attempt to resolve the complaint.
(d) Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 calendar days.
(Amended by Stats. 2021, Ch. 293, Sec. 5. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16166.

16166. In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of foster youth and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply:
(a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter.
(b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.
(c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the State Foster Care Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.
(d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the agency director or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.
(Added by Stats. 2021, Ch. 293, Sec. 6. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.5 - Foster Child Ombudsman Program › Section 16167.

16167. (a) A toll-free number shall be established for the office.
(b) Social workers and probation officers shall provide foster children with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office.
(Amended by Stats. 2021, Ch. 293, Sec. 7. (AB 317) Effective January 1, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16170.

16170. The Legislature finds and declares all of the following:
(a) Finding adoptive families for children, for whom state assistance is desirable pursuant to Chapter 2.1 (commencing with Section 16115), and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.
(b) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16171.

16171. The purposes of this chapter are to:
(a) Authorize the State Department of Social Services and the State Department of Health Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the State Department of Social Services.
(b) Provide procedures for interstate children’s adoption assistance payments, including medical payments.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16172.

16172. As used in this chapter, the following definitions apply, unless the context clearly indicates otherwise:
(a) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.
(b) “Residence state” means the state where the child is living.
(c) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16173.

16173. The State Department of Social Services and the State Department of Health Services are authorized to develop, participate in the development of, negotiate, or enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When entered into, and for so long as it shall remain in force, a compact shall have the force and effect of law.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16174.

16174. A compact entered into pursuant to the authority conferred by this chapter shall contain all of the following:
(a) A provision making it available for joinder by all states.
(b) A provision for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of the withdrawal.
(c) A requirement that the protections afforded by the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.
(d) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.
(e) Any other provision as may be appropriate to implement the proper administration of the compact.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16175.

16175. A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 16174, as follows:
(a) Provisions establishing procedures and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.
(b) Any other provision as may be appropriate or incidental to the proper administration of the compact.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16176.

16176. (a) (1) Any child who is a resident of California and who is the subject of a state-only adoption assistance agreement with another state, shall be eligible to receive Medi-Cal benefits whether or not there is a cash benefit.
(2) Any child with special needs who is the subject of a state-only adoption assistance agreement with California shall continue to be eligible for Medi-Cal benefits if the child is placed out-of-state or with his or her adoptive family, moves out-of-state, and the receiving state does not provide Medicaid benefits to the child.
(b) The departments shall adopt regulations to implement the provisions of this chapter.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 2.6 - Interstate Adoption Assistance Agreements › Section 16177.

16177. Consistent with federal law, the State Department of Social Services and the State Department of Health Services, in connection with the administration of this chapter and any compact pursuant thereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare of 1980 (Public Law 96-272), Titles IV (e) and XIX of the Social Security Act, or any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all the cost. The departments shall apply for and administer all relevant federal aid in accordance with law.
(Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 3 - Child Welfare Training › ARTICLE 1 - General Provisions › Section 16200.

16200. Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter.
(a) “ Program” means the Child Welfare Training Program.
(b) “Department” means the State Department of Social Services.
(Added by Stats. 1987, Ch. 1310, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 3 - Child Welfare Training › ARTICLE 2 - Child Welfare Training Program › Section 16205.

16205. The department shall select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program.
(Added by Stats. 1987, Ch. 1310, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 3 - Child Welfare Training › ARTICLE 2 - Child Welfare Training Program › Section 16207.

16207. Nothing in this chapter is intended to replace training requirements established by the department in regulations contained in Sections 30-196 and 30-272 of the department’s manual of policies and procedures.
(Added by Stats. 1987, Ch. 1310, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 3 - Child Welfare Training › ARTICLE 2 - Child Welfare Training Program › Section 16208.

16208. (a) (1) The department, in consultation with the Child Welfare Training Advisory Board, shall contract with the University of California or the California State University system to develop a statewide protocol for telephone screening of emergency response referrals to protect children from abuse and neglect, to be called the Emergency Response Protocol. The department shall seek the advice of the California Children’s Lobby in the development of this protocol.
(2) The Emergency Response Protocol shall incorporate written procedures for screening each referral of abuse or neglect to assess whether abuse of another family or household member is occurring. This additional domestic violence assessment and referral criteria shall be developed by the department in consultation with domestic violence victims’ advocates, and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators and the County Welfare Directors Association.
(b) The department shall utilize available child welfare training funds in the development of the protocol.
(c) The department shall incorporate the protocol into the child welfare training program described in this article no later than February 15, 1992.
(Amended by Stats. 1996, Ch. 1139, Sec. 13. Effective January 1, 1997.)