2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 4 - SERVICES FOR THE CARE OF CHILDREN › CHAPTER 1 - Foster Care Placement › Section 16010.10.

16010.10. (a) It is the intent of the Legislature to ensure that the admission of dependents, nonminor dependents, and wards of the juvenile courts in psychiatric residential treatment facilities, as defined by Section 1250.10 of the Health and Safety Code, occur only when medically necessary and only as the least restrictive setting for psychiatric services. It is further the intent of the Legislature that county child welfare agencies and probation departments maintain communication with any dependent’s, nonminor dependent’s, or ward’s treatment team in a psychiatric residential treatment facility in order to ensure the dependent, nonminor dependent, or ward is receiving all necessary services while in the facility and is placed in a less restrictive facility at the earliest possible time. Further, the child welfare agency or probation department shall be engaged with the treatment team in order to effectively implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code.
(b) Prior to any voluntary admission of a minor dependent or ward into a psychiatric residential treatment facility, the child welfare agency or probation department shall obtain authorization from the juvenile court, pursuant to Section 6552, for admission to the facility in the manner described by Section 361.23 or 727.13, as applicable.
(c) For a dependent, ward, or nonminor dependent admitted to a psychiatric residential treatment facility, the county child welfare agency or probation department, as applicable, shall do all of the following:
(1) Maintain regular and consistent communication with the dependent’s, ward’s, or nonminor dependent’s treatment team in order to ensure the dependent, ward, or nonminor dependent is receiving necessary services and to report on the dependent’s, ward’s, or nonminor dependent’s progress to the court.
(2) Develop a plan detailing all of the following:
(A) How the county child welfare agency or probation department, as applicable, will provide access to necessary services not provided by the facility, including, but not limited to, independent living skills services, visitation consistent with court orders, and education services, while the dependent, ward, or nonminor dependent remains in the facility.
(B) How the county child welfare agency or probation department, as applicable, will plan for the dependent’s, ward’s, or nonminor dependent’s placement and services upon discharge from the facility, including any community-based mental health services.
(C) How the county child welfare agency or probation department, as applicable, in consultation with the dependent’s, ward’s, or nonminor dependent’s treatment team, will support the dependent’s, ward’s, or nonminor dependent’s lifelong connections.
(3) Modify the plan described in paragraph (2) to implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code.
(4) Provide a copy of the plan developed pursuant to paragraph (2) or (3) to the court for hearings described in Section 361.23 or 727.13, as applicable.
(d) The plans developed pursuant to subparagraphs (2) and (3) of subdivision (c) shall include, but not be limited to, the following:
(1) A description of how the child and family team and system of care partners are involved in the implementation of the dependent’s, nonminor dependent’s, or ward’s aftercare plan.
(2) How the county child welfare agency or probation department will seek or develop less restrictive placement options for the dependent, nonminor dependent, or ward, preferably with family or in family-based settings.
(3) Whether and how the county child welfare agency or probation department has engaged or will engage in a state level technical assistance process developed by the State Department of Social Services to identify placement and services resources for the dependent or ward.
(4) How the county child welfare agency or probation department will comply with the requirements of Section 4096 if the plan for providing aftercare includes transition to a short-term residential therapeutic program or community treatment placement.
(e) Whenever a county child welfare agency or probation department is notified by a psychiatric residential treatment facility that the consent for voluntary admission has been revoked, the county child welfare agency or probation department shall make immediate arrangements for the dependent’s, ward’s or nonminor dependent’s discharge from the facility. The county child welfare agency or probation department shall have staff available to arrange for the discharge of a dependent, ward, or nonminor dependent if consent is revoked during nonbusiness hours. The child welfare agency or probation department shall ensure that discharge from the facility shall be in accordance with the nonminor dependent’s aftercare plan which shall be implemented to ensure continuity of care with the nonminor dependent’s family, school, and community upon discharge.
(f) Whenever a dependent, ward, or nonminor is detained involuntarily in a psychiatric residential treatment facility pursuant to Article 1 (commencing with Section 5150), or admitted to a psychiatric residential treatment facility by consent of a conservator, the county child welfare agency or probation department shall regularly monitor the dependent, ward, or nonminor dependent. The county child welfare agency or county probation department shall work with the facility to ensure that the dependent, ward, or nonminor dependent is discharged with all services and supports in place as necessary for a successful transition into a less restrictive setting. The county child welfare agency or county probation department shall provide evidence of these activities to the juvenile court at hearings pursuant to subdivision (g) of Section 361.23 or subdivision (g) of Section 727.13, as applicable.
(g) The social worker or probation officer responsible for the dependent, ward, or nonminor dependent shall request from the psychiatric residential treatment facility information about the dependent’s, ward’s, or nonminor dependent’s anticipated length of stay, service and treatment needs, and a copy of the dependent’s, ward’s, or nonminor dependent’s aftercare plan, developed pursuant to Section 1262 of the Health and Safety Code, when available.
(h) 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 State Department of Social Services, in consultation with the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(Added by Stats. 2022, Ch. 589, Sec. 16. (AB 2317) Effective January 1, 2023.)