Monthly Archives: November 2015

Documentation Required for Employment

Q: We have a young adult whose new social worker who will not sign off on her AB 12 compliance since the young adult is getting paid under the table as a nanny. The NMD has two jobs where she gets paid in cash. The previous social worker had no problem with this and the youth was considered employed for the purposes of meeting one of the five participation conditions.

Is there anything preventing this new worker from signing off my youth’s employment? For example, does she need to be employed somewhere where she is receiving pay stubs?


A: There is not requirement that the youth provide pay stubs as proof of employment. The ACL that specifies the requirements offers several examples of proof of employment,  including a copy the nonminor dependent’s (NMD) work schedule, pay stubs, a statement of hiring from the employer, or a statement of acceptance from the apprenticeship or internship program.

In this circumstance,  a “statement of hiring from the employer” should suffice. If consensus cannot be reached between the youth and the social worker, this should come before the juvenile court.  As a legal adult, the NMD is responsible for any tax liability she may be incurring. It is not the responsibility of  the county child welfare agency and the child welfare agency will not be held accountable for it.

Source: All County Letter 11-61


AB 12 Question of the Week: Education Series

College Benefits for Youth Who Re-Enter Because of a Failed Adoption or Guardianship

Q: If a youth re-enters foster care after 18 because of a failed adoption or guardianship (as provided for by Assembly Bill 2454), do they qualify for priority registration and/or independent status on the FAFSA?

A: Yes, they qualify for both. On the FAFSA, students who respond yes to question #53 (At any time since you turned age 13, were both your parents deceased, were you in foster care or were you a dependent or ward of the court?) qualify for independent status. Once they reenter foster care, they will meet this requirement regardless of what age they originally exited foster care. Note also that any youth who is or was in legal guardianship can also qualifiy for independent status by responding yes to question #55 which asks, “As determined by a court in your state of legal residence, are you or were you in legal guardianship?”

Priority registration is available to anyone currently in foster care, so once a student reenters, that student is considered to be currently in foster care and would therefore qualify.

Are There Requirements for How to Use Infant Supplement in THP+FC?

Q: I am a mentor for a young mother who lives in THP+FC.  It doesn’t seem like she is getting extra services as a young parent. It is written anywhere what the $411 infant supplement is supposed to cover? Is there a way for her to receive the $411 payment directly?

A: There is no written guidance on how the infant supplement is used in THP+FC. There is also no specific requirement that THP+FC providers account for how they used the infant supplement.

A parenting Non-Minor Dependent (NMD) living in THP+FC is not able to receive the infant supplement directly. Instead, the monthly infant supplement goes to the provider for the care and supervision of the nondependent infant. Some THP+FC providers elect to pass along a portion of the infant supplement to the parenting NMD, but it is not required.

When this question was posed to CDSS, they responded that a youth who has a concern about this should contact the Foster Care Ombudsman’s Office.  They could also request an audit from our Foster Care Audits and Rates Bureau if they feel it’s needed.

Source: W&IC 11465 (a)

Maximum Number of Days NMDs May be Absent from Placement to Receive Payment

Q: I am a social worker with a THP+FC program. We have a non-minor dependent in our program who would like to participate in a college bridge program next summer, where she will live on campus for 30 days.  If she is away from the program that long, will our program receive a THP+FC payment to “hold” her place in the program? We want to encourage her participation in this program, but do not have the funding to cover housing and staffing costs if we are not getting a rate for a month.

A: Your program will likely receive a partial payment. According to CDSS regulations, payment may be made to a provider if the youth in foster care is absent no more than 14 days in a calendar month. Therefore, if the youth were gone 10 days in the first month and the 20 days in the second month, your program would receive the full payment for the first month and a prorated payment for the second month, reduced  by the number of days exceeding 14 days in the calendar month.

The CDSS regulations provide several useful scenarios that explain this regulation.

Section 45-302.231 of the CDSS Manual of Policies and Procedures