Category Archives: Placement & Housing

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.

Citation:

Work Requirements for THP-Plus

Q:  I’m working with a homeless former foster youth who attempted to access housing through our local THP-Plus program, but he was told by a social worker that he did not meet the work requirements to enter the program. Is this part of the THP-Plus eligibility requirements? 

A: No, work requirements are not part of THP-Plus eligibility. Youth eligible for the THP-Plus program:

  • are at least 18 years of age and not more than 24 years of age*
  • have exited from the foster care system on or after his or her 18th birthday
  • have not previously received services through THP-Plus for more than a total of 24 months, whether or not consecutive*
  • *a county may, at its option, extend THP-Plus to a former foster youth not more than 25 years of age, and for a total of 36 months if they are completing secondary education or a program leading to an equivalent credential, or enrolled in an institution that provides postsecondary education.

As a condition of participation in THP-Plus, the youth shall enter into a Transitional Independent Living Plan (TILP) that shall be mutually agreed upon, and annually reviewed by the youth and county welfare or probation department or independent living program coordinator.

While many youth may have employment or education listed as a goal in their TILP, there is no blanket work or school requirement as a condition of THP-Plus eligibility, and there is a high likelihood that youth entering the program are not yet meeting the goals in their TILP, but are working toward them.

Citation: Welfare & Institutions Code 11403.2(a)(2)

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THP-Plus Rates Across the State

Q: I am a THP-Plus provider and we are negotiating our contract for next fiscal year (2019-20). I’d like to compare our THP-Plus rate with others. Is there any one place that you know of where they list the rates that various counties pay?

A: Yes. John Burton Advocates for Youth collects this information as part of its THP+FC & THP-Plus Annual Report. You can find the list of provider rates by county at this LINK. The providers names have been removed.

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Married Youth’s Eligibility for Extended Foster Care

Q: I am nonminor dependent (NMD) who recently got married. Am I eligible to still participate in extended foster care?

A. Yes, you are eligible to enter, re-enter, and remain in Extended Foster Care. This was recently addressed the All County Letter 18-101 disseminated by the California Department of Social Services, stated below:

“In a recent published decision, In re H.C. (2017) 17 Cal.App.5th 1261, the Fourth District
Court of Appeals found that marriage does not exclude a youth from EFC eligibility in either
federal law or California statute. This ruling has mandatory authority over lower courts in
California.

As a result…if otherwise eligible, NMDs may now enter, re-enter or remain in EFC if they are married or get married. Married youth in EFC shall be subject to the same Title IV-E supervision requirements as any other NMD and they are eligible for the same placement options, if available and appropriate.”

Citation: California Department of Social Services. All County Letter No. 18-101, Eligibility for Extended Foster Care (EFC) For Married Youth and Youth Performing Non-Active Duty Military Service, (September 12, 2018). http://www.cdss.ca.gov/Portals/9/ACL/2018/18-101.pdf

Foster Youth Reproductive and Sexual Health Rights-Storing Birth Control Pills

Q: I am with an Foster Family Agency. What guidance should I give Resource Families about a foster youth’s right to obtain and use contraception, specifically any requirements about storing birth control pills.

A: First, you should inform Resource Families that youth and young adults in foster care have the right to consent to or decline medical care (without need for consent from a parent, caregiver, guardian, social worker, probation officer, court, or authorized representative) for:

  1. The prevention or treatment of pregnancy, including contraception, at any age (except sterilization).
  2. An abortion, at any age.
  3. Diagnosis and treatment of sexual assault, at any age.
  4. The prevention, diagnosis, and treatment of STIs, at age 12 or older.

This is one of ten reproductive and sexual health rights of foster youth outlined in All County Letter 16-81  CDSS provides the following guidance about storing prescriptive contraception medicine, such as birth control pills:

“Resource families are not required to centrally store prescription medications. For youth under the age of 18, the resource family shall use the Reasonable and Prudent Parent Standard (RPPS) to determine whether it is appropriate for the youth to have access to medications for self-administration (FFA ILS, § 88487.3(c)(2); RFA Written Directives (WD), § 11-03(c)(2)). For youth who are 18 or older, the resource family shall permit the youth to access medications necessary for self-administration (FFA ILS, § 88487.3(d)(2); RFA WD, § 11-03(d)(2)).”

Source: All County Letter 16-81, CCL’s: “Healthy Sexual Development Resource Guide for Children’s Residential Facilities and Resource Families

Emergency Child Care Bridge Program for Non-RFA Approved Homes

Q: I am a grandmother who is caring for her two grandchildren. My Resource Family Approval (RFA) has not been approved yet. Can I still participate in the Emergency Child Care Bridge Program?

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

Can Bridge funding be used on non-approved Resource Family Approval (RFA) homes?

Yes, families that have a child placed with them in an emergency or for a compelling reason, are eligible to receive a time-limited monthly payment or voucher for child care and a child care navigator subject to county eligibility requirements. See ACL 17-109.

Citation: California Department of Social Services. All County Letter No. I8-80, Emergency Child Care Bridge Program for Foster Children, Question 13 (June 14, 2018). http://www.cdss.ca.gov/Portals/9/ACL/2018/18-80.pdf

Homeless Emergency Aid Program

Q: I have heard that the recently passed state budget included $500 million in funding for homelessness and that $25 million is set aside for homeless youth. How can I find out how much is available to my community and how to apply for it?

A: Yes, on June 27, 2018, Governor Brown signed SB 850 which established the Homeless Emergency Aid Program. The program is administered by the Homeless Coordinating and Financing Council (HCFC) within the California Business, Consumer Services, and Housing Agency. According to the HCFC website, a NOFA will be issued in late summer providing local jurisdictions with information about how to access the funding. To make sure that you stay informed about the issuance of the NOFA, sign up for their informational notices HERE.

SB 850 requires no less than five percent of the funding is required to be used to “establish or expand services meeting the needs of homeless youth or youth at risk of homelessness.” The total amount of funding available is $500 million, which means an estimated $25 million will be dedicated to homeless youth.  John Burton Advocates for Youth will be providing information about the five-percent requirement as it becomes available. Until then, we recommend you take the following steps:

  • Step 1: Make contact with your local Continuum of Care: You may already know about this group and be involved in their work. If not, the first step is identifying what entity coordinates your Continuum of Care. Most Continuums of Care meet on a monthly basis. Find out when yours meets, go to the next meeting, and raise the topic of the Homeless Emergency Aid Program and the 5% homeless youth requirement. Find the contact here.
  • Step 2: Find out how many youth were homeless in your 2017 Point in Time Count, the growth over time, and how many were unsheltered. This will be important information to make the case that funding is needed. Find that figure here.
  • Step 3: Consider partnering with organizations that are active in your Continuum of Care, if you are not currently a grantee. For example, there may be a housing provider that receives HUD funding to operate a Rapid Rehousing model for adults. Consider applying for funding from the Homeless Emergency Aid Program to subcontract with them to provide Rapid Rehousing services to for homeless youth.
  • Step 4: Find out how much money your administrative entity has for homeless youth. Again, the requirement is that the administrative entity use no less than 5% on homeless youth. Advocate for more if possible. Encourage your administrative entity to make a large request, which will increase the amount of the homeless youth set-aside. The exact amount of funding will be based on how many administrative entities apply, but you can find an estimate here.
  • Step 5: Watch for the NOFA to be issued by HCFC by the end of the summer. SB 850 requires applications to be submitted by December 31, 2018, but there is nothing preventing them from being required earlier. You can make sure not to miss the NOFA release by signing up for the HCFC listserv.
  • Step 6: Check to see how much was issued and whether your jurisdiction can apply again. If allowable, be ready to submit another application.
  • Step 7: Stay on top of this process and establish accountability mechanisms to ensure that 5% of the Homeless Emergency Aid Program is going to homeless youth. The law requires it, but the accountability mechanism in SB 850 is not strong. To ensure these funds serve homeless youth will require local advocates playing an active role.

For more information about the  Homeless Emergency Aid Program, follow this LINK.

Applying to Participate in the Emergency Child Care Bridge Program

Q: I am from one of the 16 counties that did not participate in the Emergency Child Care Bridge Program for Foster Children for Fiscal Year 2017-18. I’d like my county to participate for FY 2018-19. What is the process and how much could my county receive if it does?

A: Counties that intend to participate in the Emergency Child Care Bridge Program (Bridge Program) starting July 1, 2018, through June 30, 2019 must complete and submit a plan to the Child Care Programs Bureau by July 20, 2018. The plan template is included as an attachment to recently issued All County Letter 18-73.

The minimum funding allocations for counties that opt into the program are also included as an attachment to ACL 18-73. The child care navigator and training allocations were calculated by determining each county’s percentage of eligible caseload to the statewide total eligible caseload. The voucher allocation was calculated utilizing the eligible caseload multiplied by the Regional Market Rate for the appropriate category to develop each county’s percentage of the total statewide allocation.

After approval of submitted plans, the California Department of Social Services (CDSS) will distribute any unallocated Bridge Program funds among participating counties. According to CDSS, final allocations for FY 2018-19 will be included in forthcoming County Fiscal Letters along with claiming instructions.

What is the Bridge Program?

The goals of the Bridge Program are to increase the number of foster children successfully placed in home-based family care settings, increase placement stability, increase the capacity of child care programs to meet the needs of foster children, and maximize funding to support the child care needs of eligible families.

Families eligible for the Bridge Program are resource families and families that have a child placed with them in an emergency or for a compelling reason; licensed foster family homes or certified family homes; approved homes of relatives or non-relative extended family members; and parents under the jurisdiction of the juvenile court, including but not limited to non-minor dependent parents.

In counties that opt into the Bridge Program, it provides eligible families with a time-limited child care voucher or payment to help pay for child care costs for children birth through age 12, children with exceptional needs, and severely disabled children up to age 21. It also provides a child care navigator to assist with finding a child care provider, securing a subsidized child care placement if eligible, completing child care program applications, and developing a plan for long-term child care appropriate to the child’s age and needs.

Citation:

California Department of Social Services. All County Letter 18-73 (June 14, 2018). http://www.cdss.ca.gov/Portals/9/ACL/2018/18-73.pdf?ver=2018-06-20-143808-703

California Department of Social Services. All County Letter 17-109 (October 27, 2017). http://www.cdss.ca.gov/Portals/9/ACL/2017/17-109.pdf?ver=2017-10-30-132310-620

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

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