California Welfare and Institutions Code § 16010.10

(a) It is the intent of the Legislature to ensure that the admission of dependents, nonminor dependents, and wards of the juvenile courts in psychiatric residential treatment facilities, as defined by Section 1250.10 of the Health and Safety Code, occur only when medically necessary and only as the least restrictive setting for psychiatric services. It is further the intent of the Legislature that county child welfare agencies and probation departments maintain communication with any dependent’s, nonminor dependent’s, or ward’s treatment team in a psychiatric residential treatment facility in order to ensure the dependent, nonminor dependent, or ward is receiving all necessary services while in the facility and is placed in a less restrictive facility at the earliest possible time. Further, the child welfare agency or probation department shall be engaged with the treatment team in order to effectively implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code. (b) Prior to any voluntary admission of a minor dependent or ward into a psychiatric residential treatment facility, the child welfare agency or probation department shall obtain authorization from the juvenile court, pursuant to Section 6552, for admission to the facility in the manner described by Section 361.23 or 727.13, as applicable. (c) For a dependent, ward, or nonminor dependent admitted to a psychiatric residential treatment facility, the county child welfare agency or probation department, as applicable, shall do all of the following: (1) Maintain regular and consistent communication with the dependent’s, ward’s, or nonminor dependent’s treatment team in order to ensure the dependent, ward, or nonminor dependent is receiving necessary services and to report on the dependent’s, ward’s, or nonminor dependent’s progress to the court. (2) Develop a plan detailing all of the following: (A) How the county child welfare agency or probation department, as applicable, will provide access to necessary services not provided by the facility, including, but not limited to, independent living skills services, visitation consistent with court orders, and education services, while the dependent, ward, or nonminor dependent remains in the facility. (B) How the county child welfare agency or probation department, as applicable, will plan for the dependent’s, ward’s, or nonminor dependent’s placement and services upon discharge from the facility, including any community-based mental health services. (C) How the county child welfare agency or probation department, as applicable, in consultation with the dependent’s, ward’s, or nonminor dependent’s treatment team, will support the dependent’s, ward’s, or nonminor dependent’s lifelong connections. (3) Modify the plan described in paragraph (2) to implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code. (4) Provide a copy of the plan developed pursuant to paragraph (2) or (3) to the court for hearings described in Section 361.23 or 727.13, as applicable. (d) The plans developed pursuant to subparagraphs (2) and (3) of subdivision (c) shall include, but not be limited to, the following: (1) A description of how the child and family team and system of care partners are involved in the implementation of the dependent’s, nonminor dependent’s, or ward’s aftercare plan. (2) How the county child welfare agency or probation department will seek or develop less restrictive placement options for the dependent, nonminor dependent, or ward, preferably with family or in family-based settings. (3) Whether and how the county child welfare agency or probation department has engaged or will engage in a state level technical assistance process developed by the State Department of Social Services to identify placement and services resources for the dependent or ward. (4) How the county child welfare agency or probation department will co

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