California Welfare and Institutions Code 17732.1 – (a) It is the intent of the Legislature that minor children who …
(a) It is the intent of the Legislature that minor children who are residing in specialized foster care home placements on or after January 1, 1997, be allowed to remain in those homes upon reaching majority, through 22 years of age, in order to ensure continuity of care during completion of publicly funded education.
(b) A child with special health care needs may remain in a specialized foster care home, as defined in subdivision (i) of Section 17710, after 18 years of age if all of the following requirements are met:
Terms Used In California Welfare and Institutions Code 17732.1
- County: includes "city and county. See California Welfare and Institutions Code 14
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) The child was a resident in the home prior to 18 years of age.
(2) A determination regarding whether the child may remain as a resident after 18 years of age is made through the agreement of all parties involved, including the resident, the foster parent, the social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the child’s needs and of continued compatibility with the other children in placement. The needs and service plan shall be completed within the six months prior to the child’s 18th birthday and shall be updated with any significant change and whenever there is a change in household composition. The assessment shall be documented and maintained in the child’s file, and shall be made available for inspection by the licensing staff or the county child welfare agency.
(3) The regional center monitors and supervises its placements, as part of its regular and ongoing services to clients, to ensure the continued health and safety, appropriate placement, and compatibility of the developmentally disabled adult with special health care needs.
(c) The department shall notify small family home applicants, as part of its orientation process, that the state Foster Family Home and Small Family Home Insurance Fund does not expand existing coverage in Article 2.5 (commencing with Section 1527) of Chapter 3 of Division 2 of the Health and Safety Code for liability resulting from the provision of care to individuals over 18 years of age.
(Amended by Stats. 2017, Ch. 732, Sec. 118. (AB 404) Effective January 1, 2018.)