California Welfare and Institutions Code 361.21 – (a) The court shall not order or approve the placement of a …
(a) The court shall not order or approve the placement of a child or nonminor dependent in an out-of-state residential facility, as defined in subdivision (b) of § 7910 of the Family Code, unless the court finds, in its order of placement and based on evidence presented by the county placing agency, that all of the following conditions have been met:
(1) The out-of-state group home is licensed or certified for the placement of children by an agency of the state in which the child or nonminor dependent will be placed.
Terms Used In California Welfare and Institutions Code 361.21
- County: includes "city and county. See California Welfare and Institutions Code 14
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) The out-of-state residential facility has been certified by the State Department of Social Services or is exempt from that certification, pursuant to § 7911.1 of the Family Code.
(3) On and after July 1, 2021, the county placing agency has fulfilled its responsibilities as set forth in Sections 4096 and 16010.9.
(4) The court has reviewed the documentation of any required assessment, technical assistance efforts, or recommendations and finds that in-state facilities or programs are unavailable or inadequate to meet the needs of the child or nonminor dependent.
(b) At least every six months, the court shall review each placement made pursuant to subdivision (a) in order to determine compliance with that subdivision.
(c) A county shall not be entitled to receive or expend any public funds for the placement of a child or nonminor dependent in an out-of-state residential facility unless the requirements of subdivisions (a) and (b) are met.
(d) Notwithstanding any other law, on and after July 1, 2022, the court shall not order or approve any new placement of a child by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of § 7910 of the Family Code, except for placements described in subdivision (h) of § 7911.1 of the Family Code.
(e) Notwithstanding any other law, the court shall order any child placed out of state by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of § 7910 of the Family Code, to be returned to California no later than January 1, 2023, except for placements described in subdivision (h) of § 7911.1 of the Family Code.
(Amended by Stats. 2021, Ch. 86, Sec. 19. (AB 153) Effective July 16, 2021.)