Existing law provides for the implementation of the resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. Existing law requires the State Department of Social Services to provide a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department. Under existing law, a county's action on an approval is final, or for matters set before the State Hearings Division, an action is subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission does not file a timely appeal.
This bill would remove the reference to the action before the State Hearings Division being dismissed, and instead, provide that in a matter before the State Hearings Division, an appeal shall be subject to dismissal if an appeal to the notice of action or exclusion order is not filed within the prescribed time. The bill would also make the county's action final, and the appeal before the State Hearings Division subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission withdraws the appeal or fails to appear at the hearing without good cause. Under the bill, good cause for failure to appear at the hearing would be as defined by the department in specified written directives or regulation
Existing law authorizes the department to permanently exclude a resource family parent, applicant, or other individual from presence in any resource family home, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified or approved by a licensed foster family agency, and from holding certain positions with a licensee of any licensed facility, for specified reasons.
This bill would require a temporary exclusion of an individual following a county's denial of an application for resource family approval, rescission of approval, or denial or rescission of a criminal record exemption to only be imposed as set forth in certain written directives or regulations adopted by the department. To the extent the bill would impose new duties on counties, the bill would impose a state-mandated local program.
Existing law authorizes the department, upon a finding of noncompliance with the law governing resource families, to require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action deemed necessary for the protection of a child who is or who may be placed with the resource family.
This bill would repeal those provisions.
This bill would authorize a county and the department to coordinate the filing of actions related to resource families, file consolidated pleadings, or file a motion to consolidate multiple actions if a matter involves both a county and department action.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.