Section 16519.58 - Transfer of approval; requirements(a) A resource family approved by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code may transfer their approval to a county upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following: (1) The resource family shall complete the following activities:(A) Submit to the county information necessary to initiate the transfer process on a form specified by the department.(B) Authorize the county to request that clearances and exemptions issued to the resource family and all adults residing or regularly present in the home be transferred from the department to the county pursuant to subdivision (h) of Section 1522 of the Health and Safety Code.(C) Cooperate with the county in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5.(2)(A) The county shall complete the following activities:(i) With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 of the Health and Safety Code, submit a request to the Department of Justice as specified in paragraph (4) of subdivision (h) of Section 1522 of the Health and Safety Code.(ii) Complete an approval update for the resource family as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5. (I) The county shall request a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, from the licensed foster family agency.(II) The licensed foster family agency shall forward a copy of the written report completed pursuant to Section 1517 of the Health and Safety Code, any updates to the written report regarding the resource family, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, to the county within 20 business days of receipt of the request.(B)(i) Notwithstanding subparagraph (A), a county shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or pending administrative action against the applicant or an adult residing in the home, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5.(ii) A county may approve or deny the application after the investigation or administrative action has concluded, and the county confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.(b) A county may deny a resource family's request to transfer approval to a county for any of the reasons specified in Section 16519.61. If the county denies a resource family's request, the resource family shall be entitled to a hearing, as specified in Section 16519.6.(c) Resource family approval by a licensed foster family agency pursuant to Section 1517 or 1517.5 of the Health and Safety Code shall be forfeited by operation of law upon the transfer of the resource family approval to a county in accordance with this section.(d) A resource family approved pursuant to this section shall comply with the written directives or regulations adopted pursuant to Section 16519.5 and comply with other applicable federal and state laws in order to maintain approval.(e) For purposes of this section, the following definitions apply:(1) "Department" means the State Department of Social Services.(2) "County" means a county child welfare or probation department.Ca. Welf. and Inst. Code § 16519.58
Amended by Stats 2020 ch 104 (AB 2944),s 24, eff. 9/18/2020.Amended by Stats 2019 ch 777 (AB 819),s 26, eff. 1/1/2020.Amended by Stats 2018 ch 910 (AB 1930),s 48, eff. 1/1/2019.Added by Stats 2017 ch 732 (AB 404),s 106, eff. 1/1/2018.