2009 California Welfare and Institutions Code - Section 18350-18356 :: Chapter 6. Seriously Emotionally Disturbed Children: 24-hour Out-of-home Care

18350.  (a) Payments for 24-hour out-of-home care shall be provided
under this chapter on behalf of any seriously emotionally disturbed
child who has been placed out-of-home pursuant to an individualized
education program developed under Section 7572.5 of the Government
Code. These payments shall not constitute an aid payment or aid
program.
   (b) Payments shall only be made to children placed in privately
operated residential facilities licensed in accordance with the
Community Care Facilities Act.
   (c) Payments for care and supervision shall be based on rates
established in accordance with Sections 11460 to 11467, inclusive.
   (d) Payments for 24-hour out-of-home care under this section shall
not result in any cost to the seriously emotionally disturbed child
or his or her parent or parents.

18351.  (a) Payments shall be issued by the county welfare
department to residential care providers upon receipt of
authorization documents from the State Department of Mental Health or
a designated county mental health agency. The county welfare
department located in the same county as the county mental health
agency designated to provide case management services shall be
responsible for payment under this section. Authorization documents
shall be submitted directly to the county welfare department clerical
unit responsible for issuance of warrants and shall include
information sufficient to demonstrate that the child meets all
eligibility criteria established in regulations by the State
Department of Mental Health, developed in consultation with the State
Department of Education.
   (b) The county welfare department shall submit reports to the
State Department of Social Services for reimbursement of payments
issued to seriously emotionally disturbed children for 24-hour
out-of-home care.

18352.  County welfare departments may, at their option and with
approval of the State Department of Social Services and other
appropriate agencies, enter into agreements with other local agencies
for the delivery of a single payment for all related services for a
seriously emotionally disturbed child to a residential care provider.

18353.  When an individualized education program calls for 24-hour
out-of-home care, the county welfare department shall provide
assistance, as necessary, in identifying a facility suited to the
child's needs and in placing the child in the facility.

18354.  (a) If a provider of 24-hour out-of-home care to a child who
has been placed pursuant to Section 7572.5 of the Government Code in
a 24-hour out-of-home placement disputes an action of the designated
county mental health agency regarding the providers eligibility for
payment, the provider may request a review of the issue by the
designated county mental health agency. Designated county mental
health agencies may establish policies and procedures, as may be
necessary, to implement this subdivision.
   (b) If the issue remains unresolved after the review by the
designated county mental health agency, then the provider may request
a review of the issue by the State Department of Mental Health. The
Director of Mental Health may establish policies and procedures, as
may be necessary, to implement this subdivision. The review under
this subdivision shall be limited to the issue of whether the
eligibility for payment criteria established by the State Department
of Mental Health was correctly applied.

18355.  Notwithstanding any other provision of the law, 24-hour
out-of-home care for seriously emotionally disturbed children who are
placed in accordance with Section 7572.5 of the Government Code
shall be funded from a separate appropriation in the budget of the
State Department of Social Services in order to fund both 24-hour
out-of-home care payment and local administrative costs.
Reimbursement for 24-hour out-of-home care payment costs shall be
from that appropriation, subject to the same sharing ratio as
prescribed in subdivision (c) of Section 15200, and available funds.
Reimbursements for local administrative costs shall also be from that
appropriation, subject to the same sharing ratio as prescribed in
Section 15204.2 for the Aid to Families with Dependent Children
program, and available funds.

18355.5.  Notwithstanding any other provision of law, counties shall
not claim reimbursement pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code for costs of
24-hour out-of-home care for seriously emotionally disturbed children
who are placed in accordance with Section 7572.5 of the Government
Code, if those costs are claimed by the county under this chapter and
the county receives reimbursement for those costs through the Local
Revenue Fund established pursuant to Section 17600.

18356.  (a) When a local mental health department places a client
out-of-state pursuant to Chapter 26.5 (commencing with Section 7570)
of Division 7 of Title 1 of the Government Code, it shall prepare a
report for the Director of Mental Health. The report shall be sent to
the State Department of Mental Health within 15 days after the
actual placement.
   (b) The report shall summarize the local mental health department'
s efforts to locate, develop, or adapt an appropriate program for the
client within the state. The report shall also identify the
circumstances which led to out-of-state placement, including the
child's experience with California placements, distance from the
child's family, child treatment needs which cannot be met in a
California placement, and any other factors leading to the placement.
   (c) The report shall identify any special circumstances, such as
legal interventions, including mediation hearings, fair hearings,
compliance complaints, or any other legal procedure resulting in an
order which mandates the child's placement out of state.
   (d) The report shall identify provisions for case management, case
supervision, and family visitation in the case of out-of-state
placements.