2007 California Welfare and Institutions Code Chapter 6.2. Intensive Foster Care Programs

CA Codes (wic:18358-18358.36)

18358.  The definitions contained in this section shall govern the
construction of this chapter, unless the context requires otherwise:

   (a) "Department" means the State Department of Social Services.
   (b) "Eligible children" means children who meet all of the
following conditions:
   (1) Children who are emotionally disturbed, as evidenced by a
history that may include, but is not limited to, all of the specific
behavior management problems:
   (A) Lying.
   (B) Stealing.
   (C) Verbal or physical aggression.
   (D) Unacceptable sexual behavior.
   (E) Attempts at self-mutilation or suicide.
   (F) Defiant and oppositional behavior.
   (2) Children who, as a result of their emotional disturbance, have
been either:
   (A) Placed in a group home with a rate classification level of 12
or higher pursuant to Section 11462.
   (B) Assessed by the child's county interagency review team as at
imminent risk of psychiatric hospitalization or placement in a group
home with a rate classification level of 12 or higher pursuant to
Section 11462.
   (3) Children who have successfully completed the group home
program, except children on probation or otherwise in the custody of
the juvenile court for any violent felony, as defined in subdivision
(c) of Section 667.5 of the Penal Code.
   (4) Any child who is voluntarily placed in a group home with a
rate classification level of 12 or higher pursuant to Section 7572.5
of the Government Code.



18358.05.  (a) The department shall implement intensive treatment
foster care programs for eligible children.
   (b) (1) The department shall implement the program in any
participating county that applies for and receives the department's
approval for an intensive treatment foster care program rate.
   (2) Upon application to the department, the county shall do all of
the following:
   (A) Identify the population of children to be served, of whom not
more than 20 percent shall be children described in paragraph (2) of
subdivision (b) of Section 18358.
   (B) Certify that participating foster family agencies have the
required personnel, administrative support, financial services, and
resources to successfully participate in the program.
   (C) Project savings or cost neutrality to the state General Fund.

   (D) Provide a plan for monitoring the participating foster family
agencies for compliance with this chapter.
   (3) Each participating foster family agency may, with the approval
of the host county, accept placements from counties other than the
host county.


18358.10.  Each foster family agency participating in this program
shall enter into a contract or memorandum of understanding with the
county and provide all of the following personnel and administrative
and support services:
   (a) (1) Special attention to the selection and training of foster
parents.
   (2) All participating foster parents shall be provided with at
least 60 hours of training in the care of emotionally disturbed
children and 12 hours of ongoing in-service training per year.
Training shall include, but not be limited to, working with abused
and neglected children, progressive crisis intervention, and
cardiopulmonary resuscitation.  All training shall be completed prior
to the child's placement in the home.  In two-parent homes,
placement may be made after one parent has completed 60 hours of
training, provided that the second parent has completed 40 hours of
training and completes an additional 20 hours of training within the
first six months of placement.
   (3) Foster parents shall be provided with all necessary support
services.
   (b) Caseloads for participating social work case managers that
average eight children, except as provided in paragraph (1) of
subdivision (b) of Section 18358.30.
   (c) Therapists for the provision of therapy to the child, the
biological parents of the child, and the foster parents of the child.

   (d) The specific assignment to each certified family home of a
trained support counselor with experience in residential treatment.
   (1) The support counselor shall have one of the following:
   (A) A bachelor's degree in a social science related field and at
least six months of experience in working with emotionally disturbed
children in institutional settings.
   (B) An associate degree in a social science related field and have
at least one year's experience in working with emotionally disturbed
children in institutional settings.
   (2) Each participating foster family agency shall provide each
support counselor with 60 hours of training to include, but not be
limited to, working with abused and neglected children, progressive
crisis intervention, cardiopulmonary resuscitation, and developing
treatment plans for emotionally disturbed children.  All training
shall be completed prior to placing a child in a certified family
home for which the support counselor is assigned responsibility.
   (3) Each support counselor shall do all of the following:
   (A) Provide support service to the child and the foster family.
This service shall include, but not be limited to, structuring a safe
environment for the child, collateral contacts, and any
administrative or training functions necessary to implement the child'
s needs and services plan.  The child's needs and services plan shall
ensure that services meet the child's needs and are appropriate to
and consistent with the minimum level of service specified in Section
18358.30.  The child's individual needs and services plan shall be
reviewed and approved by the certified foster parents.
   (B) Arrange for coordination services with local education
agencies and the service provider's nonpublic school, where
applicable.
   (e) A 24-hour on call administrator who is available to respond to
emergency situations.



18358.15.  (a) Each foster family agency participating in the
program shall provide or arrange for all the following services for
children placed in foster care:
   (1) Individualized needs and services plans that ensure continuity
and stability in the placement of emotionally disturbed children in
certified family homes that meet the needs of children making the
transition from institutional placement to noninstitutional
placement.  The needs and services plan for each child in placement
shall describe the specific needs of the child and the appropriate
level of services provided to the child pursuant to Section 18358.30.

   (2) Education and mental health services for children.
   (3) Therapeutic after-school programs for children.
   (4) In-home and support services necessary to implement the case
plan.
   (5) Other necessary services for children in placement, including
medical and dental services.
   (b) No more than one emotionally disturbed child shall be placed
in a certified family home unless the participating foster family
agency provides the county welfare department with a written
assessment of the risk and compatibility of placing two emotionally
disturbed children together.  More than two emotionally disturbed
children who are siblings may be placed together in the same
certified family home if the placement is approved by the interagency
review teams of the placing county and the participating county.
However, there shall be no more than a total of five children living
in a certified family home with two adults, and there shall be no
more than a total of three children living in a certified family home
with one adult, except in cases where children living in the home
other than those placed pursuant to this chapter are 15 years of age
or older.
   (c) Any use of physical contact to manage the behavior of a child
that is reported to the foster family agency pursuant to Section
18538.25 shall in turn be reported by the foster family agency to the
Community Care Licensing Division of the department as a special
incident pursuant to Section 80061 of Title 22 of the California Code
of Regulations.



18358.20.  In addition to the requirements of Sections 18358.10 and
18358.15, any foster family agency that serves children under this
program shall have a contract or memorandum of understanding with the
county prior to accepting referrals of children.  The plan shall
identify how the foster family agency will provide the following
services and activities:
   (a) An effective 24 hours a day, seven days a week social work
emergency response service.  The plan shall include the criteria for
an in-person response and define the time frame in which in-person
response will be made.
   (b) Psychiatric coverage available as needed for psychiatric
emergencies.
   (c) Development of a treatment plan approved by the placing county
for each child within one month of placement that addresses all of
the following:
   (1) The child's needs for therapy.
   (2) Behavior modification services.
   (3) Support counselor services.
   (4) Psychotropic medication and monitoring.
   (5) Respite services.
   (6) Family therapy and other services needed to return the child
home.
   (7) Education liaison services as needed to maintain the child in
the classroom.
   (d) A system for recruiting, training, and supervising qualified
in-home support counselors.
   (e) A system of record keeping that documents the delivery of
treatment services to each child.  This documentation shall be
summarized and submitted on an annual basis to the county.  Each
agency shall report the type and cost of the services delivered.
   (f) Written policies and procedures on how the program will be
structured to ensure the safety of the child, how suicide attempts,
runaways, sexual acting out, violent and assaultive behavior will be
handled, and what will occur to reduce or eliminate future episodes.

   (g) Written procedures on frequency of treatment plan review,
modifications of treatment plans, and the role of the foster family
and the child's parents in development of the treatment plan.
   (h) A process for recruitment, selection and training of foster
parents, including respite foster parents.  The training curriculum
shall include the following areas, at a minimum:
   (1) Alternative forms of discipline.
   (2) Child growth and development.
   (3) Behavior management techniques.
   (4) Differential needs and treatment of children.
   (5) Crisis prevention and intervention.
   (i) Provision of respite care services and frequency of respite
care.
   (j) Social work staffing patterns.  Social workers shall have a
master's degree consistent with subdivision (e) of Section 1506 of
the Health and Safety Code, and shall have at least one year of
experience working with seriously emotionally disturbed children.
   (k) Other staff or contract services to be utilized in service
delivery, the tasks and responsibilities of those individuals, and
the training they will receive.
   (l) An evaluation component that includes quarterly reporting to
the department of the following data, by age group.  The department
shall publish the data annually.
   (1) Number of children placed under this chapter.
   (2) Outcomes for children referred to the program, including:
   (A) Percentage of children returned to a more intensive program.
   (B) Percentage of children hospitalized.
   (C) Percentage of children discharged to own home.
   (D) Percentage of children continuing in placement.
   (3) Services provided to children and families, including:
   (A) Number of in-home support counselor hours per child.
   (B) Number of psychiatrist hours per child.
   (C) Number of emergency social work hours per child.
   (D) Number of families receiving family therapy services and
number of families receiving this service on a weekly basis.
   (m) A plan for surveying placing counties annually to ascertain
and report to the department on the following:
   (1) Quality of services provided.
   (2) Progress toward treatment goals.
   (3) Satisfaction with services provided.



18358.23.  In addition to the requirements of paragraph (2) of
subdivision (b) of Section 18358.05, county welfare departments in
participating counties shall do all of the following:
   (a) Determine the placement of eligible children in intensive
foster care programs.  All children placed in the programs shall
either have a completed level of care assessment indicating a need
for services greater than regular foster care or have their placement
reviewed by the participating county's existing interagency review
team.
   (b) Enter into contracts or memoranda of understanding with
participation foster family agencies on an annual basis.
   (c) Provide routine case management services.
   (d) Monitor the implementation of the case plan for the child.



18358.25.  (a) Certified foster parents participating under this
chapter shall ensure the well-being of emotionally disturbed children
under their care.  This care includes, but is not limited to, all of
the following:
   (1) Participation in initial and ongoing in-service training and
demonstration pursuant to Section 18358.1 and demonstration of an
understanding of and ability to meet the needs of emotionally
disturbed children.
   (2) Participation in the implementation of the individual case
plan and the needs and in the development and implementation of the
services plan for the child.
   (3) Ensuring that the child's medical and dental needs are met.
   (b) To the extent possible, certified foster parents selected
under this chapter shall have a background in special education,
psychological counseling, nursing, or child development.
   (c) (1) All certified foster parents selected to participate in
this program shall rent, lease, or own their own homes which shall be
certified by the foster family agency.
   (2) The home of certified foster parents shall be within
reasonably close proximity to the participating foster family agency
or a satellite location of the agency.
   (d) (1) All certified foster parents shall report any special
incident in accordance pursuant to Section 80061 of Title 22 of the
California Code of Regulations.  Additionally, any use of physical
contact to manage the behavior of a child shall be reported as a
special incident.
   (2) Certified foster parents shall report incidents to the
participating foster family agency, which shall report the incidents
to the Community Care Licensing Division of the department pursuant
to Section 18358.15.



18358.30.  (a) Rates for foster family agency programs participating
under this chapter shall be exempt from the current AFDC-FC foster
family agency ratesetting system.
   (b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family.  For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement.  For an eligible child
assessed by the county interagency review team as at imminent risk
of group home placement or psychiatric hospitalization, the
appropriate service and rate level for the child shall be determined
by the interagency review team at time of placement.  In all of the
service and rate levels, the foster family agency programs shall:
   (1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.
   (2) Pay an amount of one thousand two hundred dollars (,200) per
child per month to the certified foster parent or parents.
   (3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
   (4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and according to the following schedule:


         Service                      In-Home Support
           and                        Counselor Hours
        Rate Level                       Per Month
            A                           98-114 hours
            B                           81- 97 hours
            C                           64- 80 hours
            D                           47- 63 hours

   (ii) Children placed at Service and Rate Level E shall receive
crisis intervention and other support services on a flexible, as
needed, basis from an in-home support counselor.  The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
   (B) When the interagency review team and the foster family agency
agree that alternative services are in the best interests of the
child, the foster family agency may provide the following types of
services in lieu of in-home support services required by subparagraph
(A):
   (i) Therapy.
   (ii) Behavior modification services.
   (iii) Support counselor services.
   (iv) Psychotropic medication and monitoring.
   (v) Respite services.
   (vi) Family therapy to aid in family reunification.
   (vii) Education liaison services to maintain the child in the
classroom.
   (c) The department or placing county, or both, may review the
level of services provided by the foster family agency program.  If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
   (d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:


         Service                        Fiscal Year
           and                            1998-99
        Rate Level                     Standard Rate
            A                             ,957
            B                             ,628
            C                             ,290
            D                             ,970
            E                             ,639

   (2) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded to the
nearest dollar.  The resultant amounts shall constitute the new
standardized rate schedule, subject to further adjustment pursuant to
subparagraph (B), for foster family agency programs participating
under this chapter.
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized schedule of rates shall be
increased by 2.36 percent, rounded to the nearest dollar.  The
resultant amounts shall constitute the new standardized rate schedule
for foster family agency programs participating under this chapter.

   (3) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds.  The resultant amounts, rounded
to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under this
chapter.
   (e) Rates for foster family agency programs participating under
this chapter shall not exceed Service and Rate Level A at any time
during an eligible child's placement.  An eligible child may be
initially placed in a participating intensive foster care program at
any one of the five Service and Rate Levels A to E, inclusive, and
thereafter placed at any level, either higher or lower, not to exceed
a total of six months at any level other than Service and Rate Level
E, unless it is determined to be in the best interests of the child
by the child's county interagency review team and the child's
certified foster parents.  The child's interagency county interagency
placement review team may, through a formal review of the child's
placement, extend the placement of an eligible child in a service and
rate level higher than Service and Rate Level E for additional
periods of up to six months each.
   (f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
   (g) It is the intent of the Legislature to prohibit any
duplication of public funding.  Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b).  The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.



18358.35.  Foster family agencies implementing intensive foster care
programs shall under no circumstances have any interest in the
properties occupied by the certified foster parents.



18358.36.  In order to provide for continuity of services to
children receiving intensive foster care services, the two foster
family agencies providing services pursuant to this chapter prior to
January 1, 1996, may continue to operate their programs until June
30, 1997, without the certification required by Section 18358.05 and
without a contract or memorandum of understanding with counties that
have children in placement as of January 1, 1996.  By July 1, 1997,
these foster family agencies shall meet all the requirements of this
chapter, including certification and contract or memorandum of
understanding with the placing county or counties.