Monthly Archives: November 2013

Placing a Minor Into 450 Transition Jurisdiction

Q: I am the probation officer for a young man who will turn age 18 in January. He is a 602 ward, has graduated from high school and met his rehabilitative goals.  Reunification services have been terminated. We believe his home is unsafe. What court finding is required for him to be placed in 450 transition jurisdiction rather than be returned to his home?

A: The court must find that “return of the child to the custody of a parent would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being…” (WIC 450(4)(A)) In that circumstance, delinquency court can place him in 450 transition jurisdiction, provided he meets all other eligibility criteria, which include: 

  • he is a ward in foster care placement;
  • he has has met their rehabilitative goals and juvenile court jurisdiction is no longer required;
  • he is older than 17 years 5 months and
  • reunification services have been terminated
  • he has indicated an intent to sign a mutual agreement. 

Source: Welf. & Inst. Code § 450 et seq.

Financial Aid for Youth Under Transition Jurisdiction

Q: “If a youth entered foster care while in the probation system and is now participating in extended foster care under transition jurisdiction, are they still eligible for all of the same financial aid benefits as a youth under dependency jurisdiction when attending college?”

A: Yes, participation in extended foster care under transition jurisdiction through juvenile probation does not impact eligibility for financial aid benefits. These youth are eligible for all of the same financial aid benefits as other foster care students including federal loans and grants, Cal Grants, Community College BOG fee waivers, work study and Chafee grants. In addition, any benefits received through extended foster care are not considered income for the purposes of completing the Free Application for Federal Student Aid  .

Department of Education Dear Colleague Letter GEN-13-18

Foster Care Rate for Youth Living in a SILP Outside California

AB 12 Question of the Week

Q: If a non-minor dependent (NMD) living in a Supervised Independent Living Placement (SILP) resides out of state,  do they receive the newly updated California basic rate of $838/month or do they receive the basic rate that is paid by the state in which they reside?  My understanding is that all NMDs receive the California rate no matter where they live.  Please clarify.

 

A: Yes, you are correct. All non-minor dependents (NMDs) in a Supervised Independent Living Placement (SILP) receive the basic foster care rate for a youth ages 15-20 in California, which is $838 per month.  This includes NMDs who are residing in a SILP outside of California.

Source: CDSS All County Letter No. 11-77

Medi-Cal to Age 26 for NMDs Residing Outside California

Q:  I have several Non-Minor Dependents (NMDs) that reside outside of California in a Supervised Independent Living Placement (SILP).  How does  the new extension of Medi-Cal to age 26 apply to these young adults?  Will they be eligible for health coverage to age 26 if they are living in another state and not California?

 

A: California has elected to provide coverage to former foster youth from other states who were in care on their 18th birthday. Therefore, if a youth was in foster care on their eighteenth birthday in another state and they move to California, they can obtain Medi-Cal and receive coverage until the age of 26.

However, it is not clear which states will choose to extend coverage to former foster youth who were not in foster care in their state.  The federal government has not yet finalized regulations that will determine whether other states are required to provide this coverage.  Therefore, if a youth whose dependency was established in California moves to another state, he/she must check with that state to see if they can obtain coverage from that state until age 26.

Source: 42 CFR Parts 430, 431, 433, 435, 440, 447, and 457; 45 CFR Part 155; [CMS-2334-P]; RIN 0938-AR04