(b) AAP benefits may be authorized for payment for an eligible child’s placement in an out-of-state residential treatment facility if the responsible public agency has determined that both of the following conditions exist:

1. (1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located.
2. (2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.

(d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:

1. (1) The sum of all of the following:

   1. (A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461.
   2. (B) The Tier 3+ administrative rate established under paragraph (2) of subdivision (e) of Section 11462.
   3. (C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562.
2. (2) The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located.

(e)

1. (1) For the purpose of this section, “out-of-state residential treatment facility” means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program.
2. (2) For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.
3. (3) For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.

(f)

1. (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:

   1. (A) Licensed or otherwise approved by the applicable state or tribal authority.
   2. (B) In good standing.
   3. (C) Eligible as a Title IV-E funded placement.
   4. (D) A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).
2. (2) The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E agency.

(g) County adoption agencies shall annually provide all of the following information to the department:

1. (1) The total number of children in out-of-state residential treatment facilities.
2. (2) The name and location of each out-of-state residential treatment facility during the reporting period.
3. (3) The number of days each child placed in an out-of-state residential treatment facility remained in that facility.

(h)

1. (1) The department shall provide guidance to counties regarding the steps necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).
2. (2) 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 this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2031.