2009 California Welfare and Institutions Code - Section 16135-16135.30 :: Chapter 2.3. Adoption Of Alcohol- And Drug-exposed And Hiv Positive Children

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 requests participation
pursuant to procedures established by the department to the extent
funds are appropriated through the annual Budget Act. Nothing in this
chapter shall authorize the use of state funds appropriated for any
other purpose to be used in this program.

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.

16135.10.  (a) In order to promote successful adoptions of substance
and alcohol exposed court dependent children, the department shall
establish 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) Notwithstanding any other provision of law, respite services,
if offered, 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 not appropriated by the State Budget
Act. The source of the county share shall meet all applicable state
and federal requirements and provide counties with maximum
flexibility.

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:
   (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.

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.

16135.16.  (a) In order to receive funding, all participating
counties shall submit and have an approved plan that is in compliance
with the policies and procedures established by the department.
   (b) 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.

16135.17.  Participating counties shall prepare an adoption services
case plan pursuant to regulations adopted by the department and
arrange for nonmedical support services. At county option, nonmedical
support services may 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.

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.

16135.26.  If a participating county has an existing contract for
the provision of services provided for under this chapter, that
contract may be continued through the 1998-99 state fiscal year.

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.