CHAPTER 5. State Child Welfare Services
Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33.
§§ 16500–16523.59 · 114 sections
- § 16500 The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be…
- § 16500.1 (a) It is the intent of the Legislature to use the strengths of families and communities to serve the needs of children who are alleged to be abused or…
- § 16500.5 (a) (1) The Legislature hereby declares its intent to encourage the continuity of the family unit by all of the following: (A) Consistently providing family…
- § 16500.51 (a) In addition to participation in the program provided for under Section 16500.5, Solano and Alameda Counties may, on a two-year project basis, and subject…
- § 16500.55 Any county that participates in the program pursuant to this section on or after the effective date of the act which amends this section in the 1991 calendar…
- § 16500.65 (a) In addition to the three programs authorized under Section 16500.5, Contra Costa County may implement a family preservation and reunification program. The…
- § 16500.8 (a) The department shall, in consultation with counties, seek additional federal revenues to finance the family preservation activities described in Section…
- § 16500.9 The department shall establish one full-time position, within the office of the director, to assist counties and the department in complying with the federal…
- § 16501 (a) (1) As used in this chapter, “child welfare services” means public social services that are directed toward the accomplishment of any or all of the…
- § 16501.01 (a) A county may arrange for respite care for a child or nonminor dependent supervised by the county, which may be provided by any of the following: (1) Prior…
- § 16501.02 (a) For purposes of this section, the following definitions shall apply: (1) “Alternative care” means care and supervision of more than 24 consecutive hours,…
- § 16501.1 (a) (1) The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan. (2) The Legislature…
- § 16501.15 As used in subdivisions (b) and (c) of Section 16501.1, a home or setting that is “safe” means that the home or setting is free from abuse or neglect, as…
- § 16501.16 In addition to the assurances required to be included in a case plan pursuant to paragraph (8) of subdivision (g) of Section 16501.1, a case plan shall include…
- § 16501.2 (a) The Legislature finds and declares all of the following: (1) Safety, stability, and the permanence of families in the child welfare system are of paramount…
- § 16501.25 (a) For the purposes of this section, “teen parent” means a child who has been adjudged to be a dependent child or ward of the court on the grounds that he or…
- § 16501.26 (a) For the purposes of this section, “nonminor dependent parent” means a nonminor dependent as described in subdivision (v) of Section 11400, residing in a…
- § 16501.27 (a) For purposes of Section 16501.26, a person who wishes to become an identified responsible adult to a nonminor dependent parent shall comply with all of the…
- § 16501.28 Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2…
- § 16501.3 (a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets…
- § 16501.35 (a) County child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do…
- § 16501.4 In order to ensure the oversight of psychotropic medications that are prescribed for children pursuant to Section 369.5 or 739.5, all of the following shall…
- § 16501.45 (a) To ensure compliance with federal reporting requirements, including those of Public Law 113-183, the Preventing Sex Trafficking and Strengthening Families…
- § 16501.5 (a) In order to protect children and effectively administer and evaluate California’s Child Welfare Services and Foster Care programs, the department shall…
- § 16501.6 (a) It is the intent of the Legislature for the State Department of Social Services to enhance the statewide child welfare information system to include…
- § 16501.7 (a) On or before December 1, 2005, the State Department of Social Services shall develop, and provide to the Chairperson of the Joint Legislative Budget…
- § 16501.8 Social workers shall make reasonable efforts to collect and update necessary data regarding a child’s incarcerated parent or parents. The Legislature…
- § 16501.9 (a) (1) The Legislature hereby finds and declares the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES), also known as…
- § 16501.95 (a) The State Department of Social Services shall determine which entities meet the definition of a “child welfare contributing agency,” as defined in Section…
- § 16502 The child welfare services authorized by this chapter shall be established in any county or combination of counties when a plan which includes financing of…
- § 16502.5 (a) Notwithstanding any other provision of law, a county board of supervisors may receive and review any records in the custody of the juvenile court or any…
- § 16503 (a) Subsequent to completion of the hearing conducted pursuant to Section 366.26, the agency responsible for placement and care of a minor, or, on or after…
- § 16503.5 (a) A placing agency shall provide a caregiver placement agreement to the child’s or nonminor dependent’s caregiver at the time of the child’s placement with…
- § 16504 (a) Any child reported to the county child welfare services department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake…
- § 16504.5 (a) (1) Notwithstanding any other law, pursuant to subdivision (b) of Section 11105 of the Penal Code, a child welfare agency may secure from an appropriate…
- § 16504.6 The State Department of Social Services shall evaluate a request from an Indian tribe to exempt a crime that is exemptible under Section 1522 of the Health and…
- § 16504.7 (a) Upon request by a county child welfare agency, the department shall provide a list identifying each person who has received a criminal records exemption…
- § 16506 Family maintenance services shall be provided or arranged for by county welfare department staff in order to maintain the child in his or her own home. These…
- § 16506.5 (a) Effective July 1, 2025, county child welfare agencies shall convene child and family team meetings, as defined in paragraph (5) of subdivision (a) of…
- § 16507 (a) Family reunification services shall be provided or arranged for by county welfare department staff in order to reunite the child separated from his or her…
- § 16507.2 Prior to entering into a voluntary placement agreement with a parent or guardian, the social worker shall make every attempt to keep the family together by…
- § 16507.3 (a) Beginning on October 1, 1982, child welfare services for children placed voluntarily after January 1, 1982, shall be limited to a period not to exceed 180…
- § 16507.4 (a) Notwithstanding any other provisions of this chapter, voluntary family reunification services shall be provided without fee to families who qualify, or…
- § 16507.5 (a) (1) When a minor is separated, or is in the process of being separated, from the minor’s family under the provisions of a voluntary placement agreement,…
- § 16507.6 If a minor has been voluntarily placed with the county welfare department subsequent to January 1, 1982, for out-of-home placement by his or her parents or…
- § 16507.7 Each agency or entity, except for a community college, which offers a parenting course as part of a family maintenance or family reunification effort for a…
- § 16508 Permanent placement services shall be provided or arranged for by county welfare department staff for children who cannot safely live with their parents and…
- § 16508.1 (a) For every child who is in foster care, or who enters foster care, on or after January 1, 1999, and has been in foster care for 15 of the most recent 22…
- § 16508.2 It is the intent of the Legislature to establish additional alternatives to foster care placements. Therapeutic day services is an alternative which has been…
- § 16509 Cultural and religious child-rearing practices and beliefs which differ from general community standards shall not in themselves create a need for child…
- § 16509.1 No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or…
- § 16509.2 The physical or mental incapacity, or both, in itself, of a parent or a child, shall not result in a presumption of need for child welfare services.
- § 16511 This chapter shall not be construed to give the department or county welfare departments any law enforcement powers. Nothing in this chapter shall be construed…
- § 16512 (a) The department shall report every third year, commencing in 1989, to the Legislature on the operation and progress of the child welfare services program.…
- § 16513 Anyone participating in good faith in the making of a report pursuant to this chapter shall have immunity from any liability, civil or criminal, that might…
- § 16513.2 Funding of this chapter is subject to the provisions of Part 1.5 (commencing with Section 10100).
- § 16513.5 Any party to a dependency proceeding may bring a motion before the juvenile court to have a social worker removed from the case. The juvenile court judge in…
- § 16514 (a) A child or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has…
- § 16515 (a) A county child welfare agency may establish a three-year pilot program in which the county partners with a domestic violence consultant from a domestic…
- § 16516 (a) No social worker or probation officer acting as an officer of the court for purposes of this chapter shall, directly or indirectly, lobby for, act as a…
- § 16516.5 (a) Notwithstanding any other law or regulation, all foster children who are placed in group homes by county welfare departments or county probation…
- § 16516.6 (a) When a county social worker or probation officer makes a regular visit with a child in any licensed, certified, or approved foster home, the regular visit…
- § 16517 (a) (1) It is the intent of the Legislature to accomplish both of the following: (A) To prevent the unnecessary separation of children from their families…
- § 16517.5 (a) A social worker or probation officer acting as an officer of the court shall not make an out-of-home placement of a dependent or ward of the court pursuant…
- § 16518 The State Department of Social Services, in consultation with county placement agencies, foster care providers, and other interested community parties, shall…
- § 16518.5 When placing foster children, the placing agency shall not decline to place a child with a resource family because of a resource family parent’s actual or…
- § 16519 The Legislature finds and declares the following: (a) Safety, permanency, and well-being are crucial for the more than 82,000 California children in foster…
ARTICLE 2. Resource Family Approval Program §§ 16519.3–16519.7 · 22 sections
- § 16519.3 (a) Notwithstanding any other law and no later than January 1, 2027, the department shall adopt a simplified approval process for relative caregivers…
- § 16519.4 (a) Upon implementation of a simplified approval process adopted pursuant to Section 16519.3, and no later than 18 months after implementation, the department…
- § 16519.5 (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community…
- § 16519.501 A resource family approval shall be forfeited by operation of law when one of the following occurs: (a) The resource family surrenders the approval to the…
- § 16519.502 (a) A portion of the annual resource family training shall support the case plans, goals, and needs of children in the resource family home, if there are any…
- § 16519.51 (a) A person shall not incur civil liability as a result of a county notifying the department of its determination to rescind the approval of a resource family…
- § 16519.52 (a) A resource family may install and use delayed egress devices of the time delay type in the home of the resource family. (b) As used in this section,…
- § 16519.53 (a) A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to…
- § 16519.54 Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3…
- § 16519.55 (a) Subject to subdivision (d), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of…
- § 16519.555 (a) The written report evaluating a resource family applicant’s capacity to foster, adopt, and provide legal guardianship of a child based on all of the…
- § 16519.56 (a) (1) A county shall place a resource family on inactive status upon notification by the resource family in accordance with this section and the written…
- § 16519.57 (a) Notwithstanding any other law, a resource family who has had a child either placed with them pursuant to order of the juvenile court or voluntarily placed…
- § 16519.58 (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…
- § 16519.59 (a) Notwithstanding any other law, contracts or grants awarded for purposes of this article shall be exempt from the personal services contracting requirements…
- § 16519.6 (a) A hearing conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section and the written directives or…
- § 16519.61 A county or the department may deny a resource family application or rescind the approval of a resource family, and the department may exclude an individual…
- § 16519.62 (a) The out-of-court statements of a child under 12 years of age who is the subject or victim of an allegation at issue constitutes admissible evidence at an…
- § 16519.63 (a) An administrative law judge conducting a hearing pursuant to this article may permit the testimony of a child witness or a similarly vulnerable witness,…
- § 16519.64 (a) In any administrative proceeding conducted pursuant to this article in which a child or other minor is the victim in an allegation of inappropriate sexual…
- § 16519.65 (a) For matters set before the State Hearings Division, the county or respondent may file a request with the department for a rehearing within 30 days after…
- § 16519.7 The training requirements of subparagraph (I) of paragraph (13) of subdivision (g) of Section 16519.5 shall include training on the importance of the…
ARTICLE 3. Miscellaneous Provisions §§ 16520–16521.8 · 7 sections
- § 16520 The Legislature recognizes that wards and dependent children share many characteristics, often have similar family histories, and often require similar…
- § 16521 The State Department of Social Services, in consultation with representatives of local probation departments, foster care providers, and other interested…
- § 16521.3 (a) The Department of General Services and all other affected state agencies shall cooperate with the State Department of Social Services and the California…
- § 16521.5 (a) A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as…
- § 16521.6 To ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma, all of…
- § 16521.7 (a) It is the intent of the Legislature in enacting this section to establish a methodology for reconciling the state’s and each county’s costs and savings…
- § 16521.8 (a) (1) A child welfare public health nursing early intervention program shall be conducted in the County of Los Angeles, as provided in this section, and with…
ARTICLE 4. Transitional Housing Placement Program §§ 16522–16522.6 · 5 sections
- § 16522 (a) The State Department of Social Services shall license transitional housing placement providers that provide supervised transitional housing services to…
- § 16522.1 (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…
- § 16522.2 (a) Eligible persons may receive transitional housing only with the permission of both the independent living program of the county in which the program is…
- § 16522.5 Prior to county certification of any program to be provided by a transitional housing placement provider, the department shall approve a plan submitted by the…
- § 16522.6 The department shall make information available to the Legislature upon request regarding services rendered pursuant to this article.
ARTICLE 6. Bringing Families Home Program §§ 16523–16523.2 · 3 sections
- § 16523 For purposes of this article, the following definitions shall apply: (a) “Child welfare services” means either of the following: (1) The same meaning as…
- § 16523.1 (a) To the extent funds are appropriated in the annual Budget Act, the department shall award program funds to counties and tribal governments for the purpose…
- § 16523.2 (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title…
ARTICLE 7. Continuum of Care Reform Oversight §§ 16523.5–16523.59 · 10 sections
- § 16523.5 (a) The State Department of Social Services, the State Department of Health Care Services, the California State Association of Counties representing the…
- § 16523.51 Update on the Transition of Providers to the CCR Program Models. With a focus on changes over time, the updates described in Section 16523.5 shall include…
- § 16523.52 Update on Capacity to Provide Mental Health Services. With a focus on changes over time, the updates described in Section 16523.5 shall include status updates…
- § 16523.53 Tracking Child Outcomes over Time. (a) With a focus on changes over time, and to the extent data are available, the updates described in Section 16523.5 shall…
- § 16523.54 Update on CCR-Related Costs and Savings. Once available, the updates described in Section 16523.5 shall include status updates on CCR-related costs and…
- § 16523.55 Child and Family Teams (CFT) and Child and Adolescent Needs and Strengths (CANS) Implementation. (a) The updates described in Section 16523.5 shall include a…
- § 16523.56 Resource Families. (a) The updates described in Section 16523.5 shall include a status update on the implementation of the resource family approval process.…
- § 16523.57 Supporting the Transitions of Child Welfare Youth from Group Homes and Reduced Use of Congregate Care. Pursuant to the extensions granted in subdivision (e) of…
- § 16523.58 System Changes. Pursuant to existing reporting requirements on the replacement statewide child welfare information system, Child Welfare Services – California…
- § 16523.59 Update on County Recruitment and Retention Efforts. As data are available, the updates described in Section 16523.5 shall include status updates on the…