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.