(a) Each licensed foster family agency or county operating an intensive services foster care program shall develop a child’s individual needs and services plan in coordination with the child’s case worker, intensive services foster care resource family, and child and family team, if available. A county operating under a public delivery model or as a licensed foster family agency model may utilize the child’s case plan as the individual needs and services plan.

(b) Notwithstanding paragraph (1) of subdivision (a) of Section 17732, no more than three foster children, two of whom may be eligible children, may be placed in an intensive services foster care resource family home. Prior to the placement of a second or third foster child in the home, who may be an eligible or noneligible child, the requirements of paragraphs (1), (2), (3), and (4) of subdivision (c) shall be met.

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(c) Notwithstanding subdivision (b), a county placing agency may approve placements for additional foster children that would result in the placement of more than three foster children or more than two eligible children in the home in compelling circumstances, including in order to accommodate a preexisting relationship, to place a sibling group together when at least one sibling is an eligible child or was previously an eligible child in that home, or to accommodate the extraordinary needs of a specific child that the resource family has a unique ability to meet. A shortage of foster homes shall not be a compelling circumstance absent other factors. Prior to the approval of the placement of additional foster children beyond the capacity described in subdivision (b), all of the following requirements shall be met:

(1) A licensed foster family agency or county operating an intensive services foster care program shall provide each county placing agency that has children placed in that home or proposed to be placed in the home with a written assessment of the risk and compatibility of placing an additional child or children with the currently placed child or children in that home, and the ability of the resource family parent or parents to provide care and support for all of the children in the home.

(2) The needs and services plan of each child placed in the home shall specify the plan to ensure timely support and services for each child placed in the home.

(3) When a child and family team meeting has been conducted, the county placing agency shall consider information from the child and family teams of all children placed in the home or proposed to be placed that may impact placement.

(4) The capacity of the home shall not exceed the number determined by the department or county pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4.

(5) The total number of eligible children placed in the home shall not exceed three unless all eligible children are related.

(6) A licensed foster family agency or county operating an intensive services foster care program shall provide to the director of the county child welfare department or the chief probation officer of the county probation department, or their respective designees, of all county placing agencies with children placed or proposed to be placed in the home with the written assessment of risk and compatibility and needs and services plans described in paragraphs (1) and (2).

(7) Placement of a child in the home pursuant to this subdivision shall be subject to the approval of the director of the county child welfare department or the chief probation officer of the county probation department, or their respective designees, of all of the county placing agencies with children placed or proposed to be placed in the home.

(d) If a foster child resides in an intensive services foster care resource family home pursuant to subdivision (b) or (c), and this foster child is being considered for intensive services foster care, and subsequently becomes a third eligible child, the continued placement of this child is authorized subject to the approval of the director of the county child welfare department or the chief probation officer of the county probation department, or their respective designees, of all the county placing agencies with children placed in the home.

(e) The county placing agency shall notify the department of each child in the placement and notify counsel of each child in the placement within 10 days of approval of a placement pursuant to subdivision (c) or approval to maintain a placement pursuant to subdivision (d). As part of the notification to the department, the county shall provide the department with a copy of the written assessment of the risk and compatibility described in subdivision (c).

(Amended by Stats. 2019, Ch. 777, Sec. 28. (AB 819) Effective January 1, 2020.)