Health history release requirements for non-minor dependents

Q: I am a group home provider and while performing an intake for a NMD, he refused to share his health history.  If I allow him to live here but don’t have his health history, will I be in violation of the licensing rules?

A: As legal adults, NMDs have a right to refuse to release their health record but can also consent to have the information released.  If the caregiver or provider is unable to get the NMD’s consent, then they should make a notation in the NMD’s file that the NMD refused to release the information when asked to do so during intake. (Reference: California Code of Regulations Title 22 Division 6 Chapters 4,5,7,8.8, 9.5, Community Care Licensing Interim Regulation  84468.1 and 84475;  http://ccld.ca.gov/).

Paying for a security deposit in a Supervised Independent Living Placement (SILP)

Q: I am currently a NMD and I want to move into an apartment with my sister which my social worker says is called a SILP placement.  Can I get extra money to pay for the security deposit?

A: A NMD living in an approved Supervised Independent Living Placement (SILP) receives the basic foster care rate, which is currently $799 per month (the rate goes up annually on July 1).  It is important to note that foster care payments, including for NMDs living in a SILP, are paid in arrears, which means it is paid at the end of the month following the month that the NMD is placed in the SILP.  For a NMD that is placed in a SILP in the middle of the month, this can mean that there is a delay of up to six weeks before the first check is received.  There are no other dedicated funds or supplements available to the NMD to cover expenses like a security deposit or first and last month’s rent.  Thus, it is essential that a NMD have sufficient funds to pay for a security deposit as well as any other living expenses during the period between initial placement in a SILP and the time that the first monthly payment is received.  If the NMD does not have any savings, then the NMD’s TILP should be updated to develop a plan for the NMD to save funds in order to pay for the security deposit as well as other living expenses.  (Reference: All County Letter 11-77and 11-69; Welf. & Inst. Code § 11400(y)).

Youth residing in California with an out-of-state dependency case

Q: If a foster youth is living in a foster care placement in California but is a foster youth from another state (with services paid for by another state), is he/she eligible for AB 12 in California?

A: Assembly Bill 12 is a California specific law that extends foster care to 21 only in the state of California. In order for a youth to be AB 12 eligible, he/she has to be a California dependent with an order for foster care placement by a California juvenile court when he/she turns 18 years old.  A youth from another state could be participating in their host state’s extended foster care program (EFC), if in fact that other state has adopted EFC for youth over the age of 18.  If the host state has an EFC program then the host state would be working with California to place this youth in California and the host state would be paying for placement.  California may agree to provide monthly visits to the youth as a courtesy to the host state, but this youth would NOT be participating in the AB 12 program. 

Reference: All County Letter 11-69, page 17 speaks to out of county placements