Increase in monthly stipend for youth in SILPs & THP+FC?

Q: I heard in a meeting today that youth in Supervised Independent Living Placements (SILPs) and THP+FC have received a “raise” in their monthly stipend. Is this true, and if so, how much do they now receive?

A: You are correct that as of July 1, 2017, youth in SILPs now receive an increased foster care payment of $923 (up from $883). However, the amount that a THP+FC program provides a youth monthly is not an amount set by the state, and varies from program to program. The THP+FC rate did increase to $3,209 (up from $3,090) for single and remote site models and to $2,553 (up from $2,459) for host family models as of July 1^st, and so some programs may have increased the monthly stipend they provide the youth, but this is not a requirement.

These rate increases are part of an annual increase that is made to all foster care placements based on the California Necessities Index (CNI). For a complete list of current foster care rates, view the recently released All County Letter.

Citation: California Department of Social Services. All County Letter 17-75 (July 13, 2017).

Minors charged with sex crimes, impact on immigration status

Q: If an undocumented minor is charged with a sexual crime, does that automatically disqualify him or her from applying for some type of immigration status (e.g. Special Immigrant Juvenile Status, U Visa)?

A: If the undocumented minor is charged with a sex crime in delinquency proceedings, that would not disqualify them from applying to get some kind of immigration status that they are otherwise eligible for (e.g. Special Immigrant Juvenile Status, U Visa). Delinquency adjudications are not considered convictions for immigration purposes and thus do not carry the same dire consequences. However, an adjudication for a sex crime would be considered as part of the discretionary determination for whether the child merits immigration relief, so it could prejudice their application even though it won’t present an outright bar. Youth with serious delinquency adjudications should consult with an experienced immigration attorney before applying for any type of immigration benefit.

Citation: Matter of Devison, 22 I&N Dec. 1362 (BIA 2000).

Thank you to Rachel Prandini of the Immigrant Legal Resource Center for the answer to this question. ILRC has a wide range of information on immigration, including publications and trainings on Special Immigrant Juvenile Status. To learn more, contact Rachel at rprandini@ilrc.org

SSI recipients in THP-Plus

Q: I understand that youth who meet the eligibility requirements for both extended foster care and Supplemental Security Income (SSI) may be eligible to receive both at the same time, but that there are offsetting rules. However, what about for former foster youth participating in THP-Plus? Are there offsetting rules, or can those youth receive their full SSI payment regardless of THP-Plus participation?

A: No, there are no off-setting rules for youth receiving SSI in THP-Plus. Because youth participating in THP-Plus are not current foster youth, there are no foster care benefits. Youth in THP-Plus who are SSI recipients can receive their full SSI payment, regardless of their being in a THP-Plus program.

As you mentioned, this is different for non-minor dependents: youth who meet the eligibility requirements for both extended foster care and SSI may be eligible to receive both at the same time, but for federally-eligible youth, the SSI payments are offset dollar-for-dollar by the amount of federal foster care benefits, and for non-federally-eligible foster youth, the state foster care payment is offset dollar-by-dollar by the amount of SSI benefits.

Citation:

• Administration for Children and Families, Child Welfare Policy Manual, Section 8.4D, Question 1
• Welfare & Institutions Code § 13754 et seq.; All County Letter 11-69