(a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan.

(b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of § 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by § 56026 of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by § 56026 of the Education Code.

(c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department.

(d) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of § 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by § 56026 of the Education Code, except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for subsequent placement in a certified family home or with a resource family. Children, including nonminor dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or certified family homes or with resource families, provided that an appraisal of the child’s or nonminor dependent‘s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family homes or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home.

(e) (1) For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies.

(2) For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (v) of § 11400 of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of § 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by § 56026 of the Education Code.

(Amended by Stats. 2023, Ch. 273, Sec. 3. (AB 872) Effective January 1, 2024.)