Monthly Archives: June 2018

Sharing Bedrooms by Transgender Youth

Q: What things should a caregiver in a licensed facility, licensed or certified home, or resource family consider when assessing the sharing of bedrooms by transgender youth and NMDs placed in their facility or home?

 A: This was addressed in a recent Frequently Asked Questions document disseminated by the California Department of Social Services, stated below:

“The caregiver must consider the health, safety and compatibility of all children sharing a bedroom, as specified in applicable regulations, written directives, or interim licensing standards. When considering compatibility, a caregiver shall consult with children in their care, in an age and developmentally appropriate manner, regarding the child’s sexual orientation and gender identity and what information the child wishes to disclose and to whom. Caregivers shall not disclose information about the child’s sexual orientation and/or gender identity against the child’s wishes, unless compelled to do so by law or court order. Caregivers should consult with the social workers for each of the children placed with them to ensure they have adequate information regarding all of the children in their care, and consult with each child individually in an age appropriate manner to determine their strengths, needs and preferences.” 

Citation: California Department of Social Services. All County Information No. I-30-18, Attachment: SB 731 Frequently Asked Questions (FAQ), Question 4 (May 17, 2018). http://www.cdss.ca.gov/Portals/9/ACIN/2018/I-30_18.pdf

Getting Chafee if You Have an Overpayment

Q: Can a student still receive a Chafee grant if they have an outstanding Pell grant overpayment or a loan in default?

A: Yes, a student can receive a Chafee grant even if they have an outstanding Pell grant overpayment or a loan in default. The requirements for the Chafee grant vary somewhat from the Pell grant requirements, and Chafee grants are not held as a result of an outstanding federal Pell grant overpayment or loan default. Eligibility for a Chafee grant differs in a couple other ways from that of a Pell grant as well – students are not required to meet selective service requirements (i.e. draft registration) in order to qualify for a Chafee grant and do not need a high school diploma to be eligible.

Provider Attendance at CFT Meetings

Q: Can a THP+FC provider attend a Child and Family Team (CFT) meeting?

 A: Yes, a THP+FC provider should be invited to attend a CFT. This issue was addressed in a recent Frequently Asked Questions document disseminated by the California Department of Social Services, stated below:

 “Should providers be invited to attend CFT meetings?

 Yes. When children, youth, and nonminor dependents receive services from private provider organizations, it is imperative that county placing agencies engage those providers in the CFT process, including CFT meetings.

 In reference to ACL 16-84, the CFT composition always includes the child, youth, or nonminor dependent, family members, the current caregiver, a representative from the placing agency, and other individuals identified by the family as being important. A CFT shall also include a representative of the child or youth’s tribe or Indian custodian, behavioral health staff, foster family agency social worker, or STRTP representative, when applicable. Other professionals that may be included are: youth and/or parent partners, public health providers, Court Appointed Special Advocates, school personnel, or others. In addition to formal supports, effective CFT processes support and encourage family members to invite the participation of individuals who are part of their own network of informal support. This may include extended family, friends, neighbors, coaches, clergy, co-workers, or others who the family has identified as a potential source of support”

 Citation: California Department of Social Services. All County Letter 18-23, Attachment: Frequently Asked Questions for the Child and Family Team Process, Question 11 (June 1, 2018). http://www.cdss.ca.gov/Portals/9/ACL/2018/18-23.pdf

Waiving Court Attendance

Q: Recently I heard a co-worker state that a dependency attorney can waive the child having to appear in court for their hearing. I thought if a child over 10 wanted to attend their court hearing, the attorney could not waive their appearance.

Please let me know if the attorney can waive the child’s appearance, especially when the child knows they have the right to be at their court hearing and they want to attend.

A:  All minors and nonminors in foster care have the right to attend their court hearing and speak to the judge. The important right is included in the foster care bill of rights. To waiver their appearance in court, an attorney must secure their consent prior to the court hearing.

If a child is age 10 or older and does not attend their court hearing, the court is required to determine whether the minor or nonminor was properly notified of his or her right to attend the hearing and inquire whether the minor was given an opportunity to attend. If the court finds that was not the case, the court hearing is continued for the period of time, “necessary to provide notice and secure the presence of the child.”

Source: WIC 16001.9. & WIC 349(d)