Presumptive Transfer (AB 1299) including county Consent to Treat forms

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Assembly Bill (AB) 1299 (Ridley-Thomas, Chapter 603, Statutes of 2016) established presumptive transfer.

Presumptive transfer means a prompt transfer of the responsibility for providing or arranging and paying for SMHS from the county of original jurisdiction to the county in which the foster child or youth 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, consistent with their individual strengths and needs, and Medicaid Early and Periodic Screening Diagnostic and Treatment requirements.

Children and youth removed from the home and care of their parents and placed in protective custody, or foster care, are legal dependents or wards of the juvenile court in the county where the removal occurred. The county that establishes dependency or wardship of a child or youth is the county of original jurisdiction, and is referred to as the “county of original jurisdiction” for the purposes of presumptive transfer.

For other Presumptive Transfer resources, such as the County Contact Information List, please visit the CDSS Presumptive Transfer webpage.

Downloadable Consent-to-Treat forms

In support of presumptive transfer, we have compiled an online list of Consent-to-Treat forms, sorted by county. Click any form in the online spreadsheet list to download that form (hover your cursor over the form name, and the link will appear).

Downloadable Universal Release of Information (ROI) Form

Appropriate and effective confidentiality and information sharing practices are key components of the CFT process. Therefore, the CFT process must be designed to protect children, youth, NMDs, and families’ rights to privacy without creating barriers to coordinating care and receiving services. Welfare and Institutions Code Section 832 authorizes information sharing between CFT members relevant to case planning and necessary for providing services and supports to the child, youth, or NMD, and family and requires the execution of appropriate authorizations to share such information. A person designated as a member of a CFT may receive and disclose relevant information and records within the CFT, subject to the child, youth, or NMD, and/or their parent or guardian signing an authorization to release information, as required depending on the type of information.

The CDSS and DHCS have developed a universal release of information form to be used by the CFT, which will allow for sharing of information between CFT members pursuant to Welfare and Institution Code 832: Child and Family Team Authorization for Use of Protected and Private Information form.