Residing in a college dorm as a SILP

Q: I will be moving into a dorm in the fall as my Supervised Independent Living Placement (SILP). I’ve heard that if you are living in a dorm as your SILP you do not need a readiness assessment or a health and safety inspection completed.  What are the steps I need to take to get this placement approved?

A: Yes, you are correct. College dorms, or other designated university housing, are not required to be pre-approved by the county as they are already approved by the post-secondary institution for safety standards. A readiness assessment prior to residing in a college dorm is not required either (although the social worker should still complete a SOC 157 and 157A). It is important to note that while the initial readiness assessment is not required, the assessment for the six-month Transitional Independent Living Plan (TILP) updates is required.

In regards to the steps that must be taken, the NMD should notify their social worker that they plan to reside in the dorm as a SILP, and pay close attention to any deadlines or procedures the school has set for confirming housing or submitting payment for housing or tuition. It is important to remember that SILP payments, like all foster care payments, are paid in arrears (e.g. the payment for May doesn’t come until June) and so careful planning is required to make sure that timely payments can be made to the campus housing department. In addition, a plan should be set in place for where the NMD will live when school is not in session if the dorms are closed.

Source: All County Letter 11-77

Campus Support Programs Designed for Foster Youth

Q: I am working with a youth in extended foster care who’s going to be starting college in the fall. How do I find out if there is any support specifically for foster youth at the campus that she will be going to?

A: The California College Pathways website has a database that lists all of the campuses in California with campus support programs designated for foster youth. You can look up her campus and get the contact information for their program if one exists. If the campus isn’t listed, there are still resources available. For a list of Foster Youth contacts at each community college click here. There is also a list for all Cal State Universities. All 9 University of California campuses have foster youth programs and are listed in the database.

Extended Foster Care for Youth Whose Caregiver Moves Out of State

Q: I am the aunt of an 18 year-old in foster care and have been his relative caregiver since he was 13. My husband has been offered a job in another state, but we don’t want to make our nephew ineligible for extended foster care. My nephew would like to remain living in California. If we move outside of California, will our nephew still be eligible for extended foster care? To read the answer, follow this LINK.

A: Your nephew will continue to be eligible for extended foster care when you move out of state if he changes his foster care placement; you may not remain his relative caregiver while residing out of state if he is not living with you. There are several options for him to consider: He can be placed in the home of another approved relative or non-related extended family member in the state, a Supervised Independent Living Placement or transitional housing, known as THP+Foster Care.

Source: ACL 11-77, ACL 13-10

Rights of Youth with a 602 Status

Q: I am the probation officer of an 18 year-old non-minor dependent who is placed in a group home. He is under delinquency jurisdiction (602 status) and is expected to complete his rehabilitative goals in July at which time the judge will likely place him in transition jurisdiction. His group home is allowing him to own and use a cell phone and to be allowed to go and enter at will, citing the Community Care Licensing Interim Standards, even though these actions violate the youth’s probation terms that disallow either of those activities.

My question is as follows: Does this youth have the same rights as a youth who is in extended foster care under transition jurisdiction (450 status) or dependency (300 status) or do probation rules trump the non-minor dependent’s rights under Community Care Licensing?

A: No; this youth under delinquency jurisdiction does not have the same rights as a youth under transition or dependency jurisdiction. This youth will have the full rights as a non-minor dependent once the court has found that he has successfully met his rehabilitative goals. Assembly Bill 1712 clarified that the 602 non-minor dependent is not required to compete the mutual agreement, and their decision-making may be limited by the terms of their probation.

Specifically, WIC 303(d)(2) states that a nonminor dependent who remains under delinquency jurisdiction in order to complete his or her rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision 9u) of Section 11400. His or her adult decision making authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in section 727.