AB 2684

Introduced by Assembly Member Nguyen
 An act to add Section 16516.7 to the Welfare and Institutions Code, relating to juveniles.
juveniles
Juveniles: nonminor dependents: out-of-state placement: visitation.
Existing law requires monthly visits by a county social worker or county probation officer to foster children, as specified. Existing law requires the monthly visit to include a private discussion between the social worker or probation officer and the foster child, and prohibits the contents of the private discussions from being disclosed to the foster parent or caregiver or group home staff, except as specified.
This bill would authorize a social worker or probation officer to allow nonminor dependents who are placed out of state the option to have their monthly visit through a virtual visit, as defined. The bill would require informed consent from the nonminor dependent and documentation in the case plan. The bill would require the virtual visit to include a private discussion between the nonminor dependent and the social worker or probation
			 officer, and would prohibit the contents of the private discussion from being disclosed to a foster parent or caregiver, except as specified. The bill would authorize a nonminor dependent to request an in-person visit and would authorize the social worker or probation officer to shift the virtual visit to an in-person visit. The bill would require the social worker or probation officer to, at minimum, conduct an in-person visit with the nonminor dependent on a quarterly basis. By imposing additional duties on county social workers and county probation officers, this bill would impose a state-mandated local program.
The bill would require, no later than July 1, 2027, the State Department of Social Services to convene a working group to develop guidelines for county placing agencies and attorneys representing nonminor dependents related to engaging and supporting nonminor dependents who are placed out of state, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill
			 contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 16516.7 is added to the
Welfare and Institutions Code
, to read:
16516.7.
(a) (1) A social worker or probation officer shall allow nonminor dependents who are placed out of state the option to have their monthly visit through a virtual visit. A “virtual visit” means a real-time audiovisual interaction between the social worker or probation officer and the nonminor dependent.
(2) A virtual visit may occur if the nonminor dependent provides informed consent to meet with the social worker or probation officer through a virtual visit. The virtual visit and nonminor consent shall be documented by the caseworker in the case plan.
(3) The virtual visit shall include a
						private discussion between the nonminor dependent and the social worker or probation officer that is not conducted in the presence or immediate vicinity of a foster parent or caregiver, unless the nonminor dependent requests otherwise. The contents of the private discussion shall not be disclosed to a foster parent or caregiver, except that the social worker or probation officer may disclose information under any of the following circumstances:
(A) The social worker or probation officer believes that the nonminor dependent may be in danger of harming themselves or others.
(B) The social worker or probation officer believes that disclosure is necessary to meet the needs of the nonminor dependent.
(C) The
						nonminor dependent consents to disclosure of the information.
(4) Virtual visits shall include video capability for both the social worker or probation officer and nonminor dependent. If there is an unforeseen technical issue that prevents the video feed from functioning on the day of the virtual visit, the social worker or probation officer shall make a second attempt within two business days.
(5) (A) The location of monthly visits for each nonminor dependent who is placed out of state by a county welfare department or a county probation department shall comply with federal requirements as described in Sections 622(b)(17) and 624(f)(2)(A) of Title 42 of the United States Code, including virtual visits.
(B) If the visit does not occur in the place of residence, including through a virtual visit, the social worker or probation officer shall document in the case file and in the court report the location of the visit and the reason for the visit occurring outside the place of
						residence.
(b) If the nonminor dependent makes a request to change a planned virtual visit to an in-person visit at least five business days prior to the scheduled visit, the social worker or probation officer shall perform an in-person visit instead of the planned virtual visit. The social worker or probation officer shall accommodate the request for an in-person visit as soon as possible and may consult with their supervisor to ensure timely arrangements, including assigning another social worker or probation officer if necessary to complete the in-person visit.
(c) Nothing in this section shall be construed to limit the nonminor dependent’s right to request an in-person visit at any time.
(d) The
						social worker or probation officer may shift a virtual visit to an in-person visit if the social worker or probation officer has any concerns regarding the safety or well-being of the nonminor dependent. The rationale for the change shall be explained to the nonminor dependent and shall be clearly documented in the case plan.
(e) The social worker or probation officer shall, at minimum, conduct an in-person visit with the nonminor dependent on a quarterly basis.
(f) This section shall not apply to a nonminor dependent placed in an out-of-state residential facility pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(g) This section shall be implemented only to the extent permitted
						by federal law and shall not be construed to reduce the percentage of required in-residence visits for purposes of federal compliance under Section 622(b)(17) of Title 42 of the United States Code.
(h) (1) No later than July 1, 2027, the department shall convene a working group to develop guidelines for county placing agencies and attorneys representing nonminor dependents related to engaging and supporting nonminor dependents who are placed out of state.
(2) The guidelines shall be developed with input from stakeholders, including youth with lived experience, developmental experts, attorneys representing youth in foster care between 14 and 21 years of age, representatives from county placing agencies, representatives from behavioral health service
						providers, and representatives from Medi-Cal managed care plans.
(3) The guidelines shall be developmentally appropriate and include guidance on all of the following:
(A) Assessing youth safety and well-being during a virtual visit.
(B) Ensuring confidential and youth-centered communication during a virtual visit.
(C) Ensuring that informed consent for virtual visits from nonminor dependents is meaningful and developmentally appropriate.
(D) Engagement, well-being, and connection to supportive adults and community resources for nonminor dependents.
(E) A proposed process to gather regular and ongoing feedback from nonminor dependents on the quality of in-person and virtual casework visits.
SEC. 2.
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.