Category Archives: Eligibility

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.

Minimum Income for Filing Taxes

Q: I am working with youth to ensure they file their income taxes before the April 17 tax filing deadline. What is the minimum income level after which an individual is required to file taxes?

A: Assuming the youth is single, those who make $10,400 and over are required to file a tax return for 2017. However, even if they do not meet the minimum required income, youth should consider filing taxes if they can get money back.  According to Efile.com, an individual can get money back for the following reasons:

  • If they had taxes withheld from their pay, they must file a tax return to receive a tax refund.
  • If they qualify, they must file a return to receive the refundable Earned Income Tax Credit.
  • If they are claiming education credits, they must file to be refunded the American Opportunity Credit.
  • If they have a qualifying child but owe no tax, they can file to be refunded the Additional Child Tax Credit.
  • If they qualify, they must file to claim the refundable Health Coverage Tax Credit.
  • If they overpaid estimated tax or applied a prior year overpayment to this year, they must file to receive the refund.

For assistance with filing taxes, please visit a Volunteer Income Tax Assistance (VITA) site near you.  You can find a site near you by visiting www.CalEITC4Me.org and using the Free Tax Prep Finder Tool, or call the IRS at 1-800-906-9887.

Tagged ,

Foster Care Payments for NMDs

Q: When do foster care payments for non-minor dependents cease – the day the NMD turns 21 or at the end of their birthday month?

A: As of February 16, 2018, foster care payments for non-minor dependents (NMDs) will end no later than the day before their 21st birthday. This is a change from the previous practice of the foster care payment covering the entire month during which the NMD turned 21.

Unless you hear otherwise from your county that they intend to use county-only funding to provide a full month’s payment, be aware that the payment will be pro-rated based on the number of days in the month that preceded the NMD’s 21st birthday or preceded their juvenile court jurisdiction termination date (which in some cases may be set prior to their 21st birthday).

Citation: California Department of Social Services, All County Letter 18-15 (February 16, 2008)

Tagged , ,

Cal Grant Time Limits

Q: I was awarded a Cal Grant to attend community college, but my counselor is telling me I shouldn’t take the money because it could run out later. Could you explain why I wouldn’t want to accept this money?

A: Currently, the Cal Grant is available only for a maximum of four years of full-time enrollment at a community college, CSU, UC or private institution. At a community college, the grant provides up to $1,672 to cover non-tuition costs, such as books, housing and transportation. At a 4-year university, the money can also be used to pay for tuition costs and therefore provides significantly more: up to $7,414 for a student attending a CSU campus, $14,302 for students attending a UC campus and $10,756 for students enrolled at a qualifying private institution. If you utilize the funding while in community college, you run the risk of not having enough funds remaining when you transfer to a university and when the available benefit is significantly more.

It should also be noted, that this limitation would change if Senate Bill 940 passes. For foster youth specifically, the maximum time would be extended from four to eight years, allowing students to utilize the grant throughout their educational career. To support the passage of this bill, please consider sending in a letter of support as well as sign on to the budget request letter to expand Cal Grant access for foster youth. Support letters can be sent to Carolyn@jbay.org

Tagged , , ,

Independent Status on FAFSA

Q: How do I know if I qualify for independent status on the FAFSA, and what exactly does it mean to be an independent student?

A: Independent Status” on the Free Application for Federal Student Aid (FAFSA) means that youth do not have to provide any information, including income and asset information, about their biological, adoptive, or foster parents (including relative or non-relative caregivers) or legal guardians in the Parent Demographics section. This will mean that parental contribution is not added into a student’s contribution to determine his or her Estimated Financial Contribution (EFC), the index number that determines how much a student can pay for education and how much financial aid students receive.

If any of the below applies to students, then they qualify as independent students on the FAFSA:

  • Was an orphan, foster child, or ward/dependent of the court at any time since the age of 13
  • Age 24 or older at any time before December 31st of the award year
  • Was determined at any time since July 1st of award year to be an unaccompanied youth who was homeless or self-supporting and at risk of being homeless
  • Is married as of the date student applies
  • Will be a graduate or professional student when the award year starts
  • Is currently serving on active duty for purposes other than training
  • Is a veteran of the U.S. Armed Forces
  • Has dependents other than a spouse

Citation: U.S Department of Education, Office of Federal Student Aid, 2018-2019 Application and Verification Guide https://ifap.ed.gov/fsahandbook/attachments/1819FSAHbkAVG.pdf

Tagged , , ,

Selecting a Housing Plan on FAFSA

Q: I am completing the FAFSA and on the page where I indicate which schools I want my information sent to, it asks me to indicate if I will be living on-campus, off-campus or with parents. I am currently in foster care and have lived with my aunt since I entered the system, and I plan to continue living with her while I go to community college. Which option do I select?

A: You would select “off-campus.” Students should not select “With Parent” as their housing plan if they plan to live with a foster parent, relative caregiver, or legal guardian. Instead, select “Off-Campus.” This is crucial for getting all the money that is available to you to pay for your living expenses. The option you select has an impact on how much money you receive as the “cost of attendance” is considered more when living off-campus than when living with a parent. For more tips on how to complete the FAFSA, check out the Financial Aid Guide for California Foster Youth.

Tagged , , , , , ,

Youth in guardianship with open dependency case: what happens at 18?

Q: I’m working with a 17-year-old youth who is in a guardianship, but there is still an open dependency case. What happens when she turns 18? Can she opt to move into a placement like a SILP or THP+FC for non-minor dependents? Or must she remain in the home of her guardian?

A: Because there is still an open dependency case, this youth is technically in foster care, meaning when she turns 18 she can access the placement types that other non-minor dependents (NMDs) can access, assuming she meets the eligibility criteria for extended foster care.

For youth in guardianships with open dependency cases, the guardianship terminates by operation of law at age 18. The home of the guardian can still be a foster care placement for the NMD if the guardian is willing and the NMD chooses to remain in the home, however the NMD can also choose to reside in a different placement.

Tagged , , ,

Married youth eligibility for Extended Foster Care

Q: It was my understanding that youth who are married are not eligible for Extended Foster Care, however I was informed that guidance was issued stating that marriage was not a factor of ineligibility. Can you clarify this for me?

A: You are probably referring to federal guidance issued stating that there is nothing in Title IV-E that prohibits a Title IV-E agency from providing Title IV-E Foster Care to an otherwise eligible youth if the youth is married. However, California has established a policy that youth who are married are not eligible for Extended Foster Care, as specified in All County Letter 11-69.

Citation:

U.S. Department of Health & Human Services. Child Welfare Policy Manual, 8.3A Title IV-E, Foster Care Maintenance Payments Program, Eligibility, Question 4. https://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=39 

California Department of Social Services. All County Letter 11-69 (2011). http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2011/11-69.pdf

Tagged

Has CCR changed AB 12 eligibility?

Q: I am a CASA with a youth who is facing some decisions regarding her permanency plan. I understand there have been recent changes related to Continuum of Care Reform, impacting foster care placement. My question is, has CCR changed AB 12 eligibility at all — particularly in regards to the age of establishing guardianship and eligibility for extended Kin-GAP payments?

A: No. AB 12 eligibility has not changed as a result of Continuum of Care Reform (CCR). AB 12 eligibility, including eligibility for Extended Foster Care, extended Kinship Guardianship Assistance Program (Kin-GAP) payments, and extended Adoptions Assistance Program (AAP) payments remains as follows:

Extended Foster Care:

There are four basic eligibility requirements for a youth to continue to receive support after the age of 18. The youth must:

  • have an order for foster care placement on his/her 18th birthday;[i]
  • continue under the jurisdiction of the juvenile court as a dependent, under transitional jurisdiction, or as a ward;[ii]
  • meet one of the five participation conditions*;[iii] and
  • agree to live in a supervised placement that is licensed or approved.[iv]

The youth must also sign a mutual agreement (although not a condition of payment)[v], meet with his/her social worker or probation officer monthly[vi], and participate in six-month court review hearings.[vii]

Extended Kin-GAP:

  • Youth, regardless of age of entry into Kin-GAP, may continue to receive Kin-GAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.[viii]
  • Youth who began to receive the negotiated Kin-GAP payment after they turn 16 are eligible for extended Kin-GAP benefits to age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[ix]
  • Youth who began to receive the negotiated Kin-GAP payment before they turn 16 are eligible for extended Kin-GAP beyond age 18 if they have not yet graduated high school, but are expected to complete high school or an equivalent program before they turn 19. In this case, they can continue to receive Kin-GAP until they graduate or turn 19, whichever happens first.[x] There is one exception to this rule: Youth in a guardianship with a non-related extended family member (see next bullet).
  • Regardless of the age of entry into Kin-GAP, youth in a guardianship with a non-related extended family member (NREFM) are eligible for extended AFDC-FC benefits as a non-related guardian when they turn 18 and up until age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[xi]

Extended AAP:

  • A youth, regardless of age of entry into the Adoptions Assistance Program (AAP), may continue to receive AAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.
  • Youth who do not have a physical or mental disability and who began to receive the negotiated AAP payment before turning 16 will receive AAP until age 18.
  • Youth who began to receive the negotiated AAP payment after turning 16 may be eligible for extended AAP benefits beyond age 18, and up until 21, as long as the youth meets one of the participations conditions*. There is no mutual agreement requirement for youth to receive AAP after age 18. [xii]

*The “five participation conditions” referenced above are as follows:

1) The nonminor is completing secondary education or a program leading to an equivalent credential.

2) The nonminor is enrolled in an institution which provides postsecondary or vocational education.

3) The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.

4) The nonminor is employed for at least 80 hours per month.

5) The nonminor is incapable of doing any of the activities described above due to a medical condition.[xiii]

Citations:

[i] Welf. & Inst. Code § 11400(v)

[ii] Welf. & Inst. Code § 11400(v)

[iii] Welf. & Inst. Code § 11403(b)

[iv] Welf. & Inst. Code § 11402

[v] Welf. & Inst. Code §§ 303(d), 11400(u); All County Letter 11‐61

[vi] 42 U.S.C. § 622(b)(17); ACYF-CB-PI-10-11 (p. 11)

[vii] Welf. & Inst. Code §366.3(m)

[viii] Welf. & Inst. Code §§ 11363(c)(2), 11386(g)(2)

[ix] Welf. & Inst. Code §§ 11363(d), 11386(h); All County Letter 11‐86; Senate Bill §1013

[x] Welf. & Inst. Code § 11363(c)(3), 11386(g)(3); All County Letter 11‐15; All County Letter 11‐86

[xi] Welf. & Inst. Code §§ 11391(c), 11405(e)(2)

[xii] Welf. & Inst. Code §§ 16120(d); 16123

[xiii] Welf. & Inst. § 11403(b)

Tagged , , , , , ,

Financial aid eligibility for reunified youth

Q: I am working with a young woman who has turned 21 and was previously in foster care. She was reunified with her mother approximately 7 weeks before she turned 18. Does this preclude her from educational financial aid that is tied to her foster youth status? Can she access Chafee and the other types of financial aid?

A: No, reunifying at age 17 does not preclude this young woman from any financial aid that she may be eligible for as a foster youth. Yes, she is categorically eligible for the Chafee Education & Training Voucher, the Board of Governors (BOG) Fee Waiver, the Cal Grant, and the Pell Grant. Provided below is more information about foster care status and eligibility for these types of financial aid.

For the Chafee Grant, a youth must have been a dependent or ward of the court living in foster care on or after their 16th birthday. However, it is important to note in this case because she is 21 years old, that if she turns 22 before July 1st of the award year she would not be eligible for Chafee.

For the BOG Fee Waiver, the Cal Grant and the Pell Grant, eligibility is linked to the student’s “independent” status on the Free Application for Federal Student Aid (FAFSA). Being “independent” means the student does not need to report parental income (but if their own income exceeds the income standards, they will not get aid). In order to qualify for independent status, a youth needs to have been in care at least one day after their 13th birthday.

Citation: California Student Aid Commission (Chafee eligibility: https://www.chafee.csac.ca.gov/), U.S. Department of Education Office of Federal Student Aid (https://fafsa.ed.gov/)

Tagged , , , , , , ,