Category Archives: Placement & Housing

Funding for Homes Not Yet Approved as Resource Families

Q: Can a home that is not yet approved as a Resource Family provide foster care placement on an emergency basis and still receive funding for the placement?

A: Yes. Effective July 1, 2019, when a county places a child or non-minor dependent on an emergency or temporary basis or for a compelling reason with a relative or nonrelative extended family member prior to Resource Family Approval (RFA), that emergency caregiver will receive a payment equivalent to the basic level rate, which is $1,000 for Fiscal Year 2019-20. The emergency caregiver funding is first provided on the date of placement and is funded through either the Emergency Assistance (EA) Program or, for children who are determined to be ineligible for the EA Program, through a combination of state and county funding.

Extended family members of an Indian child pending approval as a Tribally Approved Home are also eligible if the child or youth is placed on an emergency or temporary basis, however not when placed for a compelling reason.

Citation:

California Department of Social Services. All County Letter 19-84 (September 4, 2019). https://gallery.mailchimp.com/73901133dd7ea1a5581344daf/files/86bfa1e9-cfcb-40c3-9fc7-9e9899310730/19_84_ES.pdf

California Welfare & Institutions Code § 309, 361.45 & 16519.5

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Eligibility Requirements for the 3rd Year THP-Plus Extension for Youth in School

Q: I am working with a youth who is interested in remaining in her THP-Plus program for the third year as part of the THP-Plus extension for youth enrolled in school, established in 2014 by Senate Bill 1252 (Torres). Are there any minimum GPA requirements for youth participating in the extension?

A: No, there are no Grade Point Average requirements for a youth to access THP-Plus for an additional 12 months or up to the age of 25. The THP-Plus extension for youth in school was established by Senate Bill 1252 (Torres) in 2014 and took effect January 1, 2015. Following are the eligibility requirements for the third-year THP-Plus extension:

  • Meet basic eligibility requirements for THP-Plus.
    • Have an order for out-of-home placement on 18th birthday; and
    • 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 coordinator.
  • Be completing a secondary education or a program leading to an equivalent credential or enrolled in an institution that provides postsecondary education, including vocational education if from an accredited institution.

The THP-Plus extension for youth enrolled in school is optional for counties, however, once a county opts-in, the extension must be offered to all eligible youth, not applied on a case-by-case basis. Currently, 28 counties offer the extension. A list of these counties can be found here: https://www.jbaforyouth.org/thp-plus-extension/.

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County Policies on Out-of-County Youth in THP-Plus

Q: I work with a non-minor dependent who is turning 21 soon and is interested in moving across the state. This young person has encountered some significant challenges over the last couple of years and is a new parent. She could really benefit from some extended support beyond 21. Would it be possible for her to access a THP-Plus program outside her county of jurisdiction?

A: Yes, nearly all 47 counties with THP-Plus programs accept out-of-county youth in their program, pending openings. John Burton Advocates for Youth maintains a webpage that lists which counties accept out-of-county youth in their THP-Plus program here: https://www.jbaforyouth.org/out-of-county-youth-thp-plus/. This webpage was just updated in March 2019 to reflect counties’ current policies.

Because waiting lists can be quite long, it would be best to reach out to the program sooner than later so that if there is a waiting list, she can get on it. She should also make sure and tell the program that she is a custodial parent so that they are aware of her housing needs.

Citation: https://www.jbaforyouth.org/out-of-county-youth-thp-plus/

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List of Counties that Have Opted into the THP-Plus Extension

Q: I’m currently nearing the end of my 24 months in the THP-Plus program. I’m working on getting my AA degree, and would really like to stay in the program until I finish. I’ve heard that some counties allow youth to remain in THP-Plus for an additional 12 months if they are in school. How do I find out whether my county offers this?

A: You are correct. Senate Bill 1252 (Torres) established the option for counties to extend their THP-Plus programs for youth enrolled in school for an additional 12 months and up to the age of 25. This law went into effect January 1, 2015.

Currently, 27 counties have opted into the THP-Plus extension. These counties are listed, along with additional information about the THP-Plus extension on the JBAY website at the following URL: https://www.jbaforyouth.org/thp-plus-extension/

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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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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