Seriously emotionally disturbed children: out-of-home placement.

Existing law requires payments, issued by county welfare departments, for 24-hour out-of-home care to be provided on behalf of any seriously emotionally disturbed child who has been placed out of home pursuant to an individualized education program (IEP) developed under a specified provision of existing law. Existing law restricts payments for this purpose to children placed in privately operated residential facilities licensed in accordance with the California Community Care Facilities Act. This bill, until January 1, 2013, would authorize these payments to be made to an out-of-state privately owned residential facility that meets applicable licensing requirements, and that is organized and operated on a for-profit basis, if specified conditions are met. The bill would require the State Department of Mental Health, in collaboration with the California Mental Health Directors Association, to provide prescribed information to the Legislature regarding the out-of-home placement of seriously emotionally disturbed children. This bill would also deem reimbursable specified costs of care for a seriously emotionally disturbed child with an individualized education program developed on or before the date the bill is enacted, that would otherwise satisfy the requirements of the bill. By increasing available placement options for seriously emotionally disturbed children, this bill would require additional duties of county welfare departments, and would thus impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.