AMENDED IN SENATE AUGUST 29, 2025

AMENDED IN SENATE JUNE 17, 2025

AMENDED IN ASSEMBLY MARCH 10, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

CHAPTER 187

Statutes of 2025

[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]

Introduced by Assembly Member Ahrens

February 21, 2025

An act to amend Section 1559.110 of the Health and Safety Code, and to amend Section 16522.1 of the Welfare and Institutions Code, relating to foster care.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers, which is defined as organizations licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires the department to adopt regulations governing transitional housing placement living arrangement requirements for minors and nonminor dependents, including allowing a participant to share a bedroom or unit with certain other individuals and requiring all counties and program contracts to allow participants and those certain other individuals to share bedrooms, bathrooms, and units together, regardless of gender identity. Under existing law, a violation of the act is a misdemeanor.

This bill would require all counties and program contracts to also ensure that decisions about sharing bedrooms, bathrooms, and units together are led by the program participant and agreed upon in collaboration with the provider. By increasing county duties, this bill would impose a state-mandated local program.

Existing law requires an applicant to obtain certification from a county specifying the population that will be served by the facility in order to be licensed as a transitional housing placement provider. Existing law requires the certification to confirm that the program includes specified components, depending on the population served.

This bill would specify contract requirements if a county contracts with a transitional housing placement provider, including prohibiting the contract from containing terms that create unreasonable barriers for a qualified foster youth’s admission into or participation in the 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 no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.

Section 1559.110 of the Health and Safety Code is amended to read:

1559.110.

(a) (1) The State Department of Social Services shall license transitional housing placement providers pursuant to this chapter.

(2) A transitional housing placement provider may operate either of the following programs, as described in Section 16522.1 of the Welfare and Institutions Code:

(A) A Transitional Housing Placement program for participants who are minor foster children.

(B) A Transitional Housing Placement program for participants who are nonminor dependents.

(3) Before licensure, a transitional housing placement provider shall obtain program certification from the applicable county, in accordance with Section 16522.1 of the Welfare and Institutions Code. For purposes of this paragraph, “applicable county” means the county in which the administrative office or subadministrative office of a transitional housing placement provider is located, or a primary placing county.

(b) Transitional housing placement providers shall provide supervised transitional housing services to foster children who are at least 16 years of age.

(c) Transitional housing placement providers shall certify that housing units are adequate, safe, and sanitary.

(d) Transitional housing units shall include any of the following:

(1) A host family with whom a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by the host family, with supervised transitional housing services provided by the licensed transitional housing placement provider.

(A) For a transitional housing placement program serving minor foster children, the host family shall be certified by a transitional housing placement provider.

(B) (i) For a transitional housing placement program serving nonminor dependents, the host family may be a certified family home approved by a foster family agency and concurrently certified pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 1506, a resource family approved by a foster family agency pursuant to Section 16519.5 of the Welfare and Institutions Code and concurrently certified pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 1506, a resource family approved by a county pursuant to Section 16519.5 of the Welfare and Institutions Code, a licensed foster family home, an approved relative caregiver, or a nonrelative extended family member of a participant.

(ii) A resource family, licensed foster family home, certified foster home, approved relative caregiver, or nonrelative extended family member operating as a host family pursuant to clause (i) does not require additional certification by the transitional housing placement provider pursuant to subdivision (c).

(2) A staffed site in which a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider either with an adult employee of the provider who provides supervision or in a building in which one or more adult employees of the provider reside and provide supervision.

(3) A remote site in which a participant lives independently in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider under the supervision of the provider if the department provides approval. The remote site shall only be available to nonminor dependents.

(e) (1) A transitional housing placement provider may cosign a lease with a nonminor dependent as specified by the department.

(2) A participant shall not be permitted to solely sign a rental or lease agreement.

(f) A transitional housing placement provider’s plan of operation shall include a program statement. The program statement shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to participants, as appropriate or as necessary.

(g) (1) The department shall adopt regulations to govern transitional housing placement providers licensed pursuant to this section.

(2) The regulations shall be age appropriate and recognize that nonminor dependents who are about to exit from the foster care system should be subject to fewer restrictions than those who are foster children. At a minimum, the regulations shall provide for all of the following:

(A) Require programs that serve both minor foster children and nonminor dependents to have separate rules and program design, as appropriate, for these two groups of youth.

(B) Allow nonminor dependents to have the greatest amount of freedom possible in order to prepare them for their transition to adulthood, in accordance with paragraph (1) of subdivision (b) of Section 1502.7.

(C) Maintain a program staffing ratio for minor foster children of case manager to participant not to exceed 1 to 12, inclusive.

(D) Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average caseload of 1 to 12, inclusive, with a designated lead case manager assigned to each youth.

(E) Allow a nonminor dependent participant to share a bedroom or unit in a transitional housing program with any of the following persons:

(i) Another participant, including a participant sibling or coparent, as approved by the provider.

(ii) A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider.

(iii) A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department.

(I) A provider shall give priority to program participants.

(II) A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.

(iv) The participant’s children.

(v) Any other person as specified by the department.

(F) Allow a minor participant to share a bedroom or unit in a transitional housing placement with any of the following persons:

(i) Another participant, including a participant sibling or coparent, as approved by the provider.

(ii) A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider.

(iii) The participant’s children.

(iv) A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department.

(I) A provider shall give priority to program participants.

(II) A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.

(v) Any other person as specified by the department.

(G) Any adult who is not a participant, including participants in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, and who resides with a participant shall obtain a criminal record clearance or exemption in accordance with Section 1522.

(H) All counties and program contracts shall allow individual program participants and individuals described in subparagraphs (E) and (F) to share bedrooms, bathrooms, and units together, regardless of gender identity. Counties and program contracts shall allow providers and participants to make best matches to allow for gender flexibility, and shall ensure that decisions about sharing pursuant to this subparagraph are led by the program participant and agreed upon in collaboration with the provider.

(h) (1) A program manager for a Transitional Housing Placement program for nonminor dependents shall have a master’s degree or higher from an accredited or state-approved graduate school, or equivalent education and experience, as determined by the department.

(2) A person who possesses a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified to perform program manager activities in a Transitional Housing Placement program for nonminor dependents:

(A) Marriage, family, and child counseling.

(B) Child psychology.

(C) Child development.

(D) Counseling psychology.

(E) Social psychology.

(F) Clinical psychology.

(G) Educational psychology.

(H) Education, with emphasis on counseling.

(I) Social work or social welfare.

(J) An area that includes the counseling or psychotherapy content required for licensure as a Licensed Professional Clinical Counselor, as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code.

(K) A subject area that is functionally equivalent to those listed in subparagraphs (A) to (J), inclusive, as set forth by the department.

(i) (1) In addition to the degree specifications in subdivision (h), a program manager for a Transitional Housing Placement program for nonminor dependents shall have a minimum of two years’ experience in a public or private child welfare social services setting or specific experience working with transition age youth who are 16 to 24 years of age, inclusive.

(2) Documentation of the completed education and experience requirements shall be maintained in the personnel file.

(3) A transitional housing placement provider may request an exception, as specified in subdivision (j), for a person who does not meet the requirements specified in this subdivision or subdivision (h).

(4) Persons who were hired as program managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as program managers.

(j) (1) A transitional housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subdivision (h) or (i) based on completion of equivalent education and experience.

(2) The department may grant exceptions to the requirements described in subdivisions (h) and (i) if the person to whom the exception would apply has a baccalaureate degree from an accredited or state-approved college or university.

(3) The department shall approve or deny exceptions to the requirements described in subdivisions (h) and (i) within 30 days of receiving the exception request from the provider.

(k) (1) A case manager for a Transitional Housing Placement program for nonminor dependents shall meet either of the following requirements:

(A) A minimum of a baccalaureate degree in any of the areas specified in paragraph (2) of subdivision (h).

(B) A minimum of a baccalaureate degree in an area not specified in paragraph (2) of subdivision (h) and a minimum of two years’ experience in a public or private child welfare social services setting, or specific experience working with transition age youth who are 16 to 24 years of age, inclusive.

(2) Documentation of the completed education and experience requirements shall be maintained in the personnel file.

(3) Persons who were hired as case managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as a case manager.

(4) A transitional housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subparagraph (A) or (B) of paragraph (1) based on completion of equivalent education and experience shall apply to the department using the process established by the department.

(l) 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 department may implement, interpret, or make specific the changes made by the act that added this subdivision by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

SEC. 2.

Section 16522.1 of the Welfare and Institutions Code is amended to read:

16522.1.

(a) In order to be licensed as a transitional housing placement provider pursuant to Section 1559.110 of the Health and Safety Code and be eligible for payment of AFDC-FC benefits pursuant to Sections 11403.2 and 11403.3, an applicant shall obtain certification from the applicable county specifying whether the facility will serve foster youth at least 16 years of age and not more than 18 years of age, nonminor dependents, as defined in subdivision (v) of Section 11400, or both, as follows:

(1) A program serving foster children at least 16 years of age and not more than 18 years of age shall obtain a certification entitled “Transitional Housing Placement program for minor foster children.”

(2) A program serving nonminor dependents at least 18 years of age and not more than 21 years of age shall obtain a certification entitled a “Transitional Housing Placement program for nonminor dependents.”

(b) The certification for the Transitional Housing Placement program for minor foster children shall confirm that the program provides for all of the following:

(1) Admission criteria for participants in the program, including, but not limited to, consideration of the participant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Youth who are wards of the court described in Section 602 and youth receiving psychotropic medications shall be eligible for consideration to participate in the program, and shall not be automatically excluded due to these factors.

(2) The department shall review the admission criteria to ensure that the criteria are sufficient to protect participants and that they do not discriminate on the basis of any characteristic listed or defined in Section 11135 of the Government Code.

(3) Strict employment criteria that include a consideration of the employee’s age, drug or alcohol history, and experience in working with persons in this age group.

(4) A training program designed to educate employees who work directly with participants about the characteristics of persons in this age group placed in long-term care settings, and designed to ensure that these employees are able to adequately supervise and counsel participants and to provide them with training in independent living skills.

(5) A detailed plan for monitoring the placement of persons under the licensee’s care.

(6) A contract between the participant and the licensee that specifically sets out the requirements for each party, and in which the licensee and the participant agree to the requirements of this article.

(7) An allowance to be provided to each participant in the program. In the case of a participant living independently, this allowance shall be sufficient for the participant to purchase food and other necessities.

(8) A system for payment for utilities, telephone, and rent.

(9) Policies regarding all of the following:

(A) Education requirements.

(B) Work expectations.

(C) Savings requirements.

(D) Personal safety.

(E) Visitors, including, but not limited to, visitation by the placement auditor pursuant to paragraph (5).

(F) Emergencies.

(G) Medical problems.

(H) Disciplinary measures.

(I) Childcare.

(J) Pregnancy.

(K) Curfew.

(L) Housing unit cleanliness.

(M) Use of utilities and telephone.

(N) Budgeting.

(O) Care of furnishings.

(P) Decorating of housing units.

(Q) Cars.

(R) Lending or borrowing money.

(S) Unauthorized purchases.

(T) Dating.

(U) Grounds for termination that may include, but shall not be limited to, illegal activities or harboring runaways.

(V) The approval of any nonparticipant roommates.

(10) Housing unit furnishings, and a policy on disposition of the furnishings when the participant completes the program.

(11) Evaluation of the participant’s progress in the program and reporting to the independent living program and to the department regarding that progress.

(12) A linkage to the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.) program administered in the local area to provide employment training to eligible participants.

(13) Effective January 1, 2013, a program staffing ratio of case manager to participant not to exceed 1 to 12.

(c) The certification for the Transitional Housing Placement program for nonminor dependents shall confirm that the program provides for all of the following:

(1) That the program is needed by the county.

(2) That the transitional housing placement provider is capable of effectively and efficiently operating the program.

(3) That the transitional housing placement provider is willing and able to accept the AFDC-FC-eligible nonminor dependents for placement by the placing agency who need the level of care and services that will be provided by the program.

(4) That the plan of operation is suitable to meet the needs of the identified population.

(5) Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average caseload of 1 to 12, inclusive, with a designated lead case manager assigned to each youth.

(6) That the provider has established a process, which includes the county if the county chooses to participate, to evaluate whether a participant may be placed with a nonparticipant.

(d) (1) A county may continue to approve payment to a transitional housing placement provider for a period of up to 14 days in a calendar month in which the nonminor dependent is absent from the placement if the nonminor dependent provides notice to the transitional housing placement provider that they intend to return to that placement within 14 days or the transitional housing placement provider has reason to believe the nonminor dependent will be returning within 14 days.

(2) If the county continues to pay the board and care costs for up to 14 days during the nonminor dependent’s absence, the transitional housing placement provider shall not provide a removal notice or fill a nonminor dependent’s place in the program.

(3) The State Department of Social Services shall issue guidance encouraging counties to continue to approve payment during temporary absences from the program as a best practice, consistent with federal law, to prevent nonminor dependent housing instability.

(e) For purposes of this section, “applicable county” means the county where the administrative office or subadministrative office of a transitional housing placement provider is located or a primary placing county.

(f) (1) If a county contracts with a transitional housing placement provider, the contract shall not contain terms that create unreasonable barriers for a qualified foster youth’s admission into or participation in the program. The contract shall be developed to provide maximum flexibility to meet the needs of the minor dependents and nonminor dependents served by the programs in the specific county contracting with the provider. The contract shall be developed with the understanding that, unless modified by a court order, a nonminor dependent has the same legal decisionmaking authority as an adult.

(2) The department is not required to review the contract described in paragraph (1). This subdivision does not require a county to enter into a contract with a transitional housing placement provider.

SEC. 3.

To the extent that this act has an overall effect of increasing the 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 XIIIB of the California Constitution.