The AB 12 Question of the Week is a project of John Burton Advocates for Youth, a statewide non-profit based in San Francisco, working to improve the quality of life for California’s foster, former foster, and homeless youth. It is distributed weekly, as part of John Burton Advocates for Youth newsletter. To sign-up for the newsletter, follow this link.
It was founded in 2005 by progressive champion John Burton, a former member of Congress, the California State Assembly and President Pro Tem of the California State Senate. John Burton Advocates for Youth works in three areas: education, housing and employment. For more information, visit http://www.jbaforyouth.org
When a non-minor dependent, living a SILP, has part-time employment while attending college, are the wages he receives deducted from the foster care rate payment?
As All County Letter number 11-69 indicates, any earned income that a NMD receives while in EFC, whether living in a SILP or in another placement, shall be disregarded for foster care (AFDC-FC) eligibility determination purposes, as long as it is documented in the NMD’s transitional independent living skills plan (TILP). The TILP should indicate that the “purpose of the employment is to enable the NMD to gain knowledge of needed work skills and the responsibilities of maintaining employment.” As is the case with minors in foster care, NMDs may retain resources with a combined value not to exceed $10,000. Though minors need written approval to withdraw from their savings, this rule does not pertain to NMDs since they are legal adults. (References: Welfare and Institutions Code (WIC) Section 11008.15; WIC Section 11155.5, All County Letter 11-69).