Nov 27 2018
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By John Burton Advocates for Youth Placement & Housing, Post-Secondary Education

Are there any circumstances in which minors can receive their foster care payment directly?

Q: I understand a new law went into effect this year that allows youth under age 18 to receive their foster care payment directly if they are enrolled in college and living in a dorm. Is that the case?

A: Yes. Assembly Bill 766 went into effect on January 1, 2018 which allows a minor dependent at least 16 years of age to receive his or her foster care payment directly if they meet each of the following criteria:

  • The minor is enrolled in a post-secondary educational institution, and
  • The minor is living independently in a dormitory or other designated housing of the post-secondary educational institution, and
  • The placement is made pursuant to a supervised placement agreement and Transitional Independent Living Plan (TILP).

Earlier this month, the California Department of Social Services issued All County Letter 18-135 which outlines the requirements of AB 766 and provides instructions to counties about its implementation. Additional information included in the ACL follows:

  • Minors who are receiving court ordered family reunification services are not be eligible to live independently, if the court finds that such placement would impede reunification efforts.
  • Dormitories, other designated university housing, and Job Corps housing are exempt from the health and safety checklist.
  • A new supervised placement agreement form specific to 16-18 year old youth will be made available in the future.

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