Out of County Services for Children and Youth
Assembly Bill (AB) 1299 (Ridley-Thomas, Chapter 603, Statutes of 2016) established presumptive transfer. Presumptive transfer means a prompt transfer of the responsibility for the provision of, or arranging and payment for Specialty Mental Health Services (SMHS) from the county of original jurisdiction to the county in which the foster child resides. Presumptive transfer is intended to provide children and youth in foster care who are placed outside their counties of original jurisdiction timely access to SMHS, based upon their individual strengths and needs, and consistent with Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) requirements. Discussions regarding presumptive transfer should occur with the child and his or her parent, Child and Family Team (CFT) members, and in consultation with other professionals who serve the child or youth, as appropriate.
Senate Bill (SB) 785 (Steinberg, Chapter 469, Statutes of 2007) established, among other provisions, SMHS authorization requirements for foster children and youth, and children and youth in the Kinship Guardianship Assistance Program (Kin-GAP) and Adoption Assistance Program (AAP). Although the statutory sections included in the originally enacted version of SB 785 have been amended over time, none of these amendments changed any of the original provisions of SB 785. Furthermore, the original provisions of SB 785 did not change as a result of AB 1299.
The provisions of SB 785, including its Service Authorization Request (SAR) provisions, are no longer necessary or required for foster children or youth under the conditions of presumptive transfer, or under a waiver of presumptive transfer. However, for children and youth who receive assistance under Kin-GAP and AAP, the county of original jurisdiction continues to retain responsibility for authorizing and reauthorizing SMHS.
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