(a) It is the intent of the Legislature to restrict the use of out-of-state residential facilities, as defined in subdivision (b) of § 7910 of the Family Code, by county placing agencies to instances in which all in-state placements and services that meet the needs of the child have been exhausted and an individualized assessment of the needs of the child, minor, or nonminor dependent in relation to an identified out-of-state residential facility has been conducted by the county before the request for child-specific certification of the out-of-state residential facility by the State Department of Social Services.

(b) Placement in an out-of-state residential facility shall occur only after the facility has been certified pursuant to § 7911.1 of the Family Code, unless the placement is exempt from certification. The department shall issue instructions to the counties that describes the process the county placing agency shall follow to determine that in-state placements and services have been exhausted and the required components of an individualized assessment.

(c) On and after July 1, 2021, before seeking a child-specific certification of an out-of-state residential facility, the county placing agency shall do all of the following:

(1) Participate in a state-level technical assistance process established by the State Department of Social Services, that includes both of the following:

(A) A review of statewide placement options.

(B) Documentation of the good faith effort on the part of the county placing agency to implement any recommendations from a qualified individual that may avoid the need for placement out of state.

(2) Secure documentation of a recommendation by a county multidisciplinary team that includes verification by the county that the program provides the specific clinical services and qualifications which the individual child needs and that these services are unavailable in-state.

(A) The multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members, as determined by the county. The interagency placement committee may serve as the multidisciplinary team for the purpose of this section.

(B) Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.

(d) On and after October 1, 2021, in addition to meeting the requirements of subdivision (c), the county placing agency shall obtain an assessment of the child’s services and placement needs, incorporating the recommendations of a qualified individual, as described in subdivision (g) of Section 4096.

(e) If placement of a child in an out-of-state residential facility is recommended by the county placing agency following the activities described in subdivisions (c) and (d), the placing agency may request a child-specific certification of the placement pursuant to § 7911.1 of the Family Code by submitting to the State Department of Social Services documentation that the county placing agency has completed the requirements of subdivisions (c) and (d). The request shall be signed and approved by the deputy director or director of the county child welfare agency or the chief probation officer of the county probation department, as applicable.

(f) Upon receiving verification that the State Department of Social Services has certified the child-specific out-of-state residential facility, the county placing agency shall seek court approval of placement in the out-of-state residential facility pursuant to Section 361.21 or 727.1, as applicable, before placing the child in the out-of-state residential facility. The county placing agency shall present to the court evidence that it has completed all the requirements set forth in subdivision (b) and proof that the facility has been certified by the department pursuant to § 7911.1 of the Family Code.

(g) Subdivisions (c) to (e), inclusive, do not apply to the placement of a child in an out-of-state residential facility that is exempt from certification pursuant to § 7911.1 of the Family Code.

(h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services, in consultation with the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

(Added by Stats. 2021, Ch. 86, Sec. 46. (AB 153) Effective July 16, 2021.)