For a child or nonminor dependent who has been adjudged a dependent of the court pursuant to Section 300, a child who has not been adjudged a dependent of the court pursuant to Section 300 but who is in the custody of the county welfare department, or a child who has been adjudged a ward of the court pursuant to Section 601 or 602 and placed in the care and custody of the county probation department, who is or will be placed in a GHCSHN, the following shall apply:

(a) The child or nonminor dependent shall have a predictable and stable condition, as determined by the individualized health care plan team, that can rapidly deteriorate, resulting in permanent injury or death, or that is dependent upon one or more of the following:

Terms Used In California Welfare and Institutions Code 4684.76

  • County: includes "city and county. See California Welfare and Institutions Code 14
  • custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
  • Dependent: A person dependent for support upon another.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(1) Nutrition support, including enteral feeding tube or total parenteral feeding.

(2) Cardiorespiratory monitoring.

(3) Oxygen support.

(4) A ventilator.

(5) Nursing interventions for tracheostomy care and suctioning.

(6) Nursing interventions for colostomy, ileostomy, or other medical or surgical procedures.

(7) Special medication regimes including injection and intravenous medications.

(8) Urinary catheterization.

(9) Renal dialysis.

(b) The child or nonminor dependent has been assessed pursuant to Section 4096 and it is determined that the GHCSHN will provide the most effective and appropriate level of care for the child or nonminor dependent in the least restrictive environment and be consistent with the short- and long-term goals for the child or nonminor dependent.

(c) In addition to the individuals identified in paragraph (2) of subdivision (e) of Section 4684.50, the individual health care plan team shall, at a minimum, include:

(1) Any person who holds the right to make developmental services decisions for the child, including any person designated by the court pursuant to paragraph (4) of subdivision (j) of Section 319 or paragraph (5) of subdivision (a) of Section 361.

(2) The child welfare caseworker.

(3) A representative of the child or nonminor dependent’s tribe or Indian custodian, as applicable.

(d) The child welfare agency shall continue to be responsible to make all efforts required by law to complete any steps necessary to finalize the permanent placement of the child or nonminor dependent, including, but not limited to, the provision of specialized permanency services as defined in paragraph (9) of subdivision (a) of Section 16501.

(e) The child welfare agency shall review whether the child can be transitioned to a less restrictive environment pursuant to paragraph (9) of subdivision (e) of Section 361.2.

(Added by Stats. 2021, Ch. 76, Sec. 45. (AB 136) Effective July 16, 2021.)