14717.1. (a) (1) It is the intent of the Legislature to ensure that foster youth who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services.
(2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster
youth who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction.
(b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster youth who is placed outside of their county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017:
(1) The department shall issue policy guidance concerning the conditions
for for, and exceptions to
to, presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates.
(2) Policy guidance concerning the conditions
for for, and exceptions to to,
presumptive transfer shall ensure that: all of the following:
(A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth.
(B) Presumptive transfer does not disrupt the continuity of care.
(C) Conditions and exceptions are applied consistently statewide, giving due consideration to the varying capabilities of small, medium, and large counties.
(D) Presumptive transfer can be waived only with an
individualized determination that an exception applies.
(E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review before a transfer or exception being finalized.
(F) There is a procedure for expedited transfer within 48 hours of placement of the youth outside of the county of original jurisdiction.
"Presumptive transfer," for the purposes of this section, For purposes of this section, "presumptive transfer" means
that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster youth resides, under either of the following conditions:
(1) A foster youth is placed in a county other than the county of original jurisdiction on or after July 1, 2017.
(2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with their mental health needs, requests transfer of responsibility. A foster youth who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside
outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the
youth's first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies.
(d) (1) On a case-by-case basis, and when consistent with the medical rights of youth in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist.
(2) A request for waiver in a manner established by the department may be made by the foster youth, the person or agency that is responsible for making mental health care decisions on behalf of the foster
youth, the county probation agency or the child welfare services agency with responsibility for the care and placement of the youth, or any other interested party who owes a legal duty to the youth involving the youth's health or welfare, as defined by the department.
(3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the
youth, in consultation with the youth and their parent, the youth and family team if one exists, and other professionals who serve the youth as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency's determination.
(4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review before the county's determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on
the best interest of the youth.
(5) Presumptive transfer may be waived under any of the following exceptions:
(A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster
(B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan.
(C) The foster youth's placement in a county other than the county of original jurisdiction is expected to last less than six months.
(D) The foster youth's residence is within 30 minutes of travel time to their established specialty mental health care provider in the county of original jurisdiction.
(6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty
mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster youth. That information shall be documented in the
youth's case plan.
(7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster youth's case plan pursuant to Section 16501.1.
(e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster
youth, the mental health plan in the county in which the foster youth resides shall accept that assessment. The mental health plan in the county in which the foster youth resides may conduct additional assessments if the foster youth's needs change or an updated assessment is needed to determine the
youth's needs and identify the needed treatment and services to address those needs.
(f) Upon presumptive transfer, the mental health plan in the county in which the foster youth resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster
youth transferred to the mental health plan in the county in which the foster youth resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code.
(g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. 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 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement and
administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted.
(h) (1) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) before implementing this section.
(2) If the department makes the determination that it is necessary to seek federal approval pursuant to paragraph (1), the department shall make an official request for approval from CMS
no later than January 1, 2017.
(i) This section shall be implemented only
if if, and to the extent that that, federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) is available and all necessary federal approvals have been obtained.
(j) On and after the date on which Section 14717.2 is
implemented, this section shall not apply to a foster youth who is placed in a short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, outside of the foster youth's county of original jurisdiction.