AB 776

This bill provides for the continuity of foster care when the license of a child

welfare agency to license foster homes is revoked, suspended, or surrendered or

when a contract under which a child welfare agency provides foster home licensing

services is terminated. This bill also changes the standard for when a foster home

license may be revoked, and modifies the conditions under which a foster home

license may be issued by an out-of-county public licensing agency.

Under current law, subject to certain exceptions, no person may provide care

and maintenance for children unless the person obtains a license to operate a foster

home from the Department of Children and Families or a county department of

human services or social services (county department) or from a child welfare agency,

if that agency is licensed by DCF to license foster homes. Current law also permits

DCF to enter into contracts with nonprofit or proprietary agencies, including child

welfare agencies, for the purchase of services. Currently, a child welfare or public

licensing agency may revoke a foster home license if the licensee has substantially

and intentionally violated any provision of the Children's Code or rules promulgated

by DCF. This bill provides that a child welfare or public licensing agency may revoke

a foster home license if the licensee has violated any provision of the Children's Code

or rules promulgated by DCF.

This bill provides that if DCF informs a child welfare agency of its intent to

revoke or suspend the agency's license to license foster homes or to terminate a

contract under which a child welfare agency provides foster home licensing services

for DCF or if a child welfare agency informs DCF of its intent to surrender such a

license or to terminate such a contract, DCF may do any of the following:

1. Require the child welfare agency to provide DCF with complete copies of the

child welfare agency's financial, child placement, and foster care licensing records.

2. Transfer any child placement or foster care licensing records obtained from

a child welfare agency to any county department or child welfare agency to which a

foster home license issued by the child welfare agency is transferred under the bill

or to any public licensing agency or child welfare agency that relicenses a foster home

licensed by the child welfare agency as provided in the bill.

3. Prohibit the child welfare agency from accepting new placements or issuing

new foster care licenses.

Also under the bill, if DCF revokes or suspends a child welfare agency's license

to license foster homes or terminates a contract under which a child welfare agency

provides foster home licensing services for DCF, or if a child welfare agency

surrenders such a license or terminates such a contract, DCF may transfer each

foster home license issued by the child welfare agency to a county department, DCF,

or another child welfare agency that consents to the transfer. A license so transferred

remains valid until it expires or 180 days after the date of the transfer, whichever

is later.