California Law and Out-of-State Youth Programs: What Changed and Why It Matters to Survivors

If you were sent from Southern California to a youth program in another state, you may have seen headlines over the past few years saying California "banned" out-of-state placements or cracked down on restraints. Those headlines are partly true. But the details matter, especially if you are an adult survivor trying to understand what these laws mean for you.

This article walks through what California actually changed, what the federal government did, and, just as important, what these laws do not do.

The short version

• California has phased out placing foster youth and youth on probation in out-of-state residential facilities. That law took full effect in stages from 2021 to 2023.
• A 2024 California law requires more reporting and public transparency when restraint or seclusion is used in short-term residential therapeutic programs licensed in California.
• A 2024 federal law directs a national study of youth residential programs. It does not create new rights to sue.
• None of these laws, on their own, decides whether an adult survivor has a claim today. That still depends on what happened, where it happened, and the time limits that apply.

California and out-of-state foster placements

What happened before 2021

For years, California county child welfare agencies and probation departments sent some young people in their care to residential facilities in other states. Before a placement could happen, the State Department of Social Services (CDSS) had to certify the out-of-state facility.

In December 2020, CDSS sent notices discontinuing California's certification of out-of-state facilities, and published guidance for counties bringing youth home. CDSS's public page on returning youth from out-of-state programs collects those notices, FAQs and status updates.

AB 153 (2021): the phase-out

In July 2021, the Legislature passed and the Governor signed AB 153, a public social services bill (Statutes 2021, Chapter 86). Among many other things, it rewrote Family Code section 7911. The current text says:

• On and after July 1, 2021, foster care placements by county child welfare agencies or probation departments into out-of-state residential facilities "shall not be made," except in limited circumstances approved by a juvenile court and certified on a child-specific basis by CDSS.
• On and after July 1, 2022, counties may not make new placements in out-of-state residential facilities (with narrow exceptions defined elsewhere in the law), and CDSS may not certify any new out-of-state facilities.
• On January 1, 2023, the state was to decertify all out-of-state residential facilities for these placements and ensure that all children and youth placed in them had been returned to California.

The statute also includes a legislative finding that certifying facilities licensed under another state's standards "has not been sufficient" to ensure that California's standards for short-term residential therapeutic programs were maintained to protect foster youth.

Separately, Welfare and Institutions Code section 16121.5 limits when California's Adoption Assistance Program will pay for an adopted child's out-of-state residential treatment placement, and excludes wilderness programs and boot camps from that definition.

What this means for survivors

• It covers public placements. The phase-out applies to county child welfare and probation placements. Many teens sent away from Southern California were placed privately, by their parents. Family Code section 7911 does not govern private placements.
• It looks forward, not back. It does not, by itself, create a lawsuit for someone harmed years earlier.
• It can still be useful context. The Legislature's findings and CDSS's decertification notices help explain why out-of-state oversight was a concern. Whether that matters in a given case is a question for a lawyer.

SB 1043 (2024): restraint and seclusion transparency

In 2024, California enacted SB 1043 (Statutes 2024, Chapter 628), which added Health and Safety Code section 1180.55, effective January 1, 2025. CDSS refers to it as the Accountability in Children's Treatment Act.

The law applies to short-term residential therapeutic programs (STRTPs), a type of facility licensed in California. When seclusion or behavioral restraint is used in an STRTP, the statute requires the facility to:

• By the next day, notify a foster child who was restrained or secluded of their personal rights, including how to contact the state licensing division and the State Foster Care Ombudsperson.
• Within seven days, give a description of the incident, orally and in writing, to the young person and, as applicable, to a parent, foster parent, guardian, other authorized representative, attorney, or tribal representative. The description must cover the actions taken, the reason, the staff involved and how long it lasted.
• Within seven days, send a copy of that written description to CDSS.

CDSS must review reported incidents and investigate those that suggest a potential health and safety concern or licensing violation. The statute also directs CDSS to post STRTP-specific data on its website, including restraint and seclusion data, incident descriptions with personal information removed, licensing actions and completed investigation reports, and to update it twice a year.

The statute set January 1, 2026 for that public display. CDSS's own page says its online reporting portal for manual restraints was scheduled to begin collecting reports on April 1, 2026, and that the data will be published in 2026 after an internal review. If you are looking for that data, check CDSS's site for the current status.

What this means for survivors

SB 1043 covers facilities in California, going forward from 2025. It does not reach a wilderness program in Utah or a ranch in Montana, and it does not create records for events before it existed.

Federal law: the Stop Institutional Child Abuse Act

On December 23, 2024, the Stop Institutional Child Abuse Act (S. 1351) became Public Law 118-194.

Here is what it does, based on the enacted text:

• It directs the Secretary of Health and Human Services to seek an agreement with the National Academies of Sciences, Engineering, and Medicine to study youth in "youth residential programs."
• The first report is due no later than three years after enactment, with follow-up reports every two years for a period of ten years.
• The study is to cover topics such as the nature and causes of abuse, neglect and deaths in these programs, existing regulation and licensing exemptions, funding sources, data on outcomes such as length of stay and restraint use, and practices to reduce or eliminate restraint and seclusion.
• The reports are to be made public and shared with state agencies.

Here is what it does not do: the enacted text does not create a new right to sue, set federal licensing standards, or include penalties or enforcement. It is a study law. Its public reports may shape future legislation, but it does not change the rules for a survivor's claim today.

So what actually matters for an adult survivor's claim?

For most adult survivors, these laws are background. What usually drives a case is more basic: what happened, where (the program's state often shapes which law applies), when (time limits differ by state and claim), and who was involved, from the program and its staff to owners, transport companies and educational consultants.

California's time limits for childhood sexual assault claims changed for conduct on or after January 1, 2024. We explain that in time limits and childhood abuse claims in California. If your program was in Utah, our sister site's guides on what Utah therapists hear about troubled-teen programs and delayed disclosure in Utah may help.

For an overview of first steps, see Sent away from Southern California as a teen.

Where Frank can help

Frank Stucki, Esq., MBA focuses on institutional and troubled-teen abuse cases. He handles cases in California, Nevada, Washington and Utah, and survivors from anywhere can reach out. Cases in other states are handled with local co-counsel licensed there.

Start a confidential case review at pchinjurylaw.com or call (310) 299-9PCH ((310) 299-9724). Please don't put sensitive details in web forms or emails. Your name, number and a good time to call is enough.

FAQ

Did California ban troubled-teen programs?

No. California phased out out-of-state residential placements made by county child welfare agencies and probation departments. That law does not ban private programs, and it does not govern placements that parents arranged privately.

I was placed by my parents, not the county. Do these laws apply to me?

The out-of-state phase-out in Family Code section 7911 applies to county child welfare and probation placements. A private placement is generally outside that statute. That doesn't mean you lack options. It means your claim, if any, would rest on other law.

Does the federal Stop Institutional Child Abuse Act let me sue?

No. Based on the enacted text, it directs a national study and public reports. It does not create a private right to sue or set enforceable facility standards.

Can I get restraint records from a program?

It depends on the program, the state and the time period. California's SB 1043 added reporting duties for California STRTPs starting in 2025. For older or out-of-state records, a lawyer can explain how records are typically requested and preserved.

Do these new laws change my deadline to file?

These particular laws do not set filing deadlines for survivors. Time limits come from other statutes, and they vary by state and by claim. Talk with a lawyer before assuming a deadline has passed, or that one hasn't.

Frank Stucki, Esq., MBA is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.

Sources

• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=7911
• https://www.ylc.org/wp-content/uploads/2021/08/AB-153-Phasing-Out-Out-of-State-Residential-Facility-Placement-August-2021.pdf
• https://cdss.ca.gov/inforesources/cdss-programs/continuum-of-care-reform/returning-youth-from-out-of-state-programs
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=16121.5
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1180.55
• https://www.cdss.ca.gov/inforesources/cdss-programs/community-care-licensing/childrens-residential/sb1043-data
• https://www.govinfo.gov/content/pkg/PLAW-118publ194/html/PLAW-118publ194.htm
• https://www.merkley.senate.gov/merkleys-bipartisan-stop-institutional-child-abuse-act-now-law/