(a)
In order to be licensed as a transitional housing placement provider pursuant to Section 1559.110 of the Health and Safety Code and be eligible for payment of AFDC-FC benefits pursuant to Sections 11403.2 and 11403.3, an applicant shall obtain certification from the applicable county specifying whether the facility will serve foster youth at least 16 years of age and not more than 18 years of age, nonminor dependents, as defined in subdivision (v) of Section 11400, or both, as follows:
(1)
A program serving foster children at least 16 years of age and not more than 18 years of age shall obtain a certification entitled “Transitional Housing Placement program for minor foster children.”
(2)
A
program serving nonminor dependents at least 18 years of age and not more than 21 years of age shall obtain a certification entitled a “Transitional Housing Placement program for nonminor dependents.”
(b)
The certification for the Transitional Housing Placement program for minor foster children shall confirm that the program provides for all of the following:
(1)
Admission criteria for participants in the program, including, but not limited to, consideration of the participant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Youth who are wards of the court described in Section 602 and youth receiving psychotropic medications shall be eligible for consideration to participate in the
program, and shall not be automatically excluded due to these factors.
(2)
The department shall review the admission criteria to ensure that the criteria are sufficient to protect participants and that they do not discriminate on the basis of any characteristic listed or defined in Section 11135 of the Government Code.
(3)
Strict employment criteria that include a consideration of the employee’s age, drug or alcohol history, and experience in working with persons in this age group.
(4)
A training program designed to educate employees who work directly with participants about the characteristics of persons in this age group placed in long-term care settings, and designed to ensure that these employees are able to adequately supervise and counsel participants and to provide them with training in independent living
skills.
(5)
A detailed plan for monitoring the placement of persons under the licensee’s care.
(6)
A contract between the participant and the licensee that specifically sets out the requirements for each party, and in which the licensee and the participant agree to the requirements of this article.
(7)
An allowance to be provided to each participant in the program. In the case of a participant living independently, this allowance shall be sufficient for the participant to purchase food and other necessities.
(8)
A system for payment for utilities, telephone, and rent.
(9)
Policies regarding all of the following:
(A)
Education
requirements.
(B)
Work expectations.
(C)
Savings requirements.
(D)
Personal safety.
(E)
Visitors, including, but not limited to, visitation by the placement auditor pursuant to paragraph (5).
(F)
Emergencies.
(G)
Medical problems.
(H)
Disciplinary measures.
(I)
Childcare.
(J)
Pregnancy.
(K)
Curfew.
(L)
Housing unit cleanliness.
(M)
Use of utilities and telephone.
(N)
Budgeting.
(O)
Care of furnishings.
(P)
Decorating of housing units.
(Q)
Cars.
(R)
Lending or borrowing money.
(S)
Unauthorized purchases.
(T)
Dating.
(U)
Grounds for termination that may include, but shall not be limited to, illegal activities or harboring runaways.
(V)
The approval of
any nonparticipant roommates.
(10)
Housing unit furnishings, and a policy on disposition of the furnishings when the participant completes the program.
(11)
Evaluation of the participant’s progress in the program and reporting to the independent living program and to the department regarding that progress.
(12)
A linkage to the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.) program administered in the local area to provide employment training to eligible participants.
(13)
Effective January 1, 2013, a program staffing ratio of case manager to participant not to exceed 1 to 12.
(c)
The certification for the Transitional Housing Placement program for nonminor
dependents shall confirm that the program provides for all of the following:
(1)
That the program is needed by the county.
(2)
That the transitional housing placement provider is capable of effectively and efficiently operating the program.
(3)
That the transitional housing placement provider is willing and able to accept the AFDC-FC-eligible nonminor dependents for placement by the placing agency who need the level of care and services that will be provided by the program.
(4)
That the plan of operation is suitable to meet the needs of the identified population.
(5)
Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average
caseload of 1 to 12, inclusive, with a designated lead case manager assigned to each youth.
(6)
That the provider has established a process, which includes the county if the county chooses to participate, to evaluate whether a participant may be placed with a nonparticipant.
(d)
(1)
A county may continue to approve payment to a transitional housing placement provider for a period of up to 14 days in a calendar month in which the nonminor dependent is absent from the placement if the nonminor dependent provides notice to the transitional housing placement provider that they intend to return to that placement within 14 days or the transitional housing placement provider has reason to believe the nonminor dependent will be returning within 14 days.
(2)
If the county continues to pay the board and
care costs for up to 14 days during the nonminor dependent’s absence, the transitional housing placement provider shall not provide a removal notice or fill a nonminor dependent’s place in the program.
(3)
The State Department of Social Services shall issue guidance encouraging counties to continue to approve payment during temporary absences from the program as a best practice, consistent with federal law, to prevent nonminor dependent housing instability.
(e)
For purposes of this section, “applicable county” means the county where the administrative office or subadministrative office of a transitional housing placement provider is located or a primary placing county.
(f)
(1)
If a county contracts with a transitional housing placement provider, the
contract shall not contain terms that create unreasonable barriers for a qualified foster youth’s admission into or participation in the program. The contract shall be developed to provide maximum flexibility to meet the needs of the minor dependents and nonminor dependents served by the programs in the specific county contracting with the provider. The contract shall be developed with the understanding that, unless modified by a court order, a nonminor dependent has the same legal decisionmaking authority as an adult.
(2)
The department is not required to review the contract described in paragraph (1). This subdivision does not require a county to enter into a contract with a transitional housing placement provider.
