11462.02. (a) Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential therapeutic program, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds.
(b) Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential therapeutic program.
(c) If a county exercises its option to operate a foster family agency or a short-term residential therapeutic program, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential therapeutic program, as applicable.
(d) A county that requests, and is granted, a license for a foster family agency or short-term residential therapeutic program shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e) As a condition for eligibility for an AFDC-FC rate for a short-term residential therapeutic program or a foster family agency, the county shall comply with all applicable law concerning a short-term residential therapeutic program or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2) Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3) Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4) Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6) Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f) The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the county’s operation of a licensed short-term residential therapeutic program or foster family agency is optional for the county and is not required by this section.
(g) Counties licensed to operate a foster family agency or short-term residential therapeutic program shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1) A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2) The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential therapeutic programs.
(3) The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential therapeutic programs.
(4) Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential therapeutic programs.
(h) This section shall become operative on January 1, 2017.
(Amended (as added by Stats. 2015, Ch. 773, Sec. 78) by Stats. 2016, Ch. 612, Sec. 93. (AB 1997) Effective January 1, 2017.)