Tag Archives: Continuum of Care Reform

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)

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Resource Family Approval Toolkit for Caregivers

Q: I am a relative caregiver of two siblings in foster care. There seem to be a lot of new changes in place this year that may impact us. What do I need to know about the Resource Family Approval process? Where can I go for information about this?

A: Yes, there are many changes taking effect this year, as part of California’s Continuum of Care Reform (CCR).  Resource Family Approval (RFA), which took effect January 1, 2017 creates one uniform approval process for all caregivers in the foster care system, relative and non-relative. RFA applies to all new caregivers, and those who have already been approved and are currently caring for a foster child must be reapproved by December 31, 2019.

The Alliance for Children’s Rights, the Step Up Coalition and a wide range of state and local partners developed a toolkit to help walk caregivers through the newly implemented RFA process. It includes sample forms and other resources to guide you through the approval process, and a narrative explaining RFA step by step. You can download the toolkit at: http://kids-alliance.org/wp-content/uploads/2017/02/StepUp_RFAToolkit_V1_Feb2017_print_download.pdf

While the toolkit is intended to provide caregivers access to easy-to-understand information, it is not meant to be comprehensive. Each county in California may have its own supplemental forms and requirements, and so you should also consult with your social worker and local advocacy organizations for additional guidance.

The California Department of Social Services has also released All County Letter (ACL) 17-16, which provides county child welfare, probation departments and other interested stakeholders with information on the conversion process of all currently licensed foster family homes, approved relatives and Non-Relative Extended Family Members for implementation of RFA.

The ACL provides instructions on which aspects of RFA are to be completed for existing caregivers and what to include in the new Resource Family file, as well as a Frequently Asked Questions document.

Citation: Resource Family Approval Guide (Step Up Coalition); All County Letter 17-16 (February 14, 2017)

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Clothing allowance & SCI under CCR

Q: I understand that foster care rates have changed as of January 1, 2017 as a result of California’s Continuum of Care Reform (CCR). What about the clothing allowance and the Specialized Care Increment? Do these still exist under CCR?

A: Yes, the clothing allowance and the Specialized Care Increment (SCI) still exist under Continuum of Care Reform (CCR). On top of the foster care rates which did change as of January 1, 2017 (see 11/9/17 Q of the W to learn more), counties may continue to pay an SCI and clothing allowance.

As stated in All County Letter 16-79, families paid at a higher rate than the basic level rate (e.g. any additional SCI) may continue receiving those rates at county discretion. Counties will continue to provide written guidelines for their discretionary continuation of SCI rates and clothing allowances, and apply these guidelines equitably to determine a family’s eligibility for SCI rates or clothing allowances.

Citation: All County Letter 16-79 (September 22, 2016)

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New Foster Care Rates go into Effect January 1, 2017

Q: I am a relative caregiver. I understand that foster care rates changed effective January 1, 2017. Who did they change for, and when will I see this change in the monthly check I receive? If I don’t see an increase, who should I contact about it?

A: You are correct. Foster care rates did change for relative caregivers in addition to several other types of placement settings. The passage of Assembly Bill 403 necessitated the implementation of a new rate setting system to support the goals of California’s Continuum of Care Reform effort. This new rate structure will be implemented in two phases. The first phase, which took effect January 1, 2017, made changes to the rates for Home-Based Family Care (HBFC) and Short-Term Residential Therapeutic Programs (STRTPs).

The rates changes are outlined below. Because foster care is paid in arrears, care providers can expect to receive the payment showing the increased amount for care provided for January 2017, no later than February 15, 2017. If you do not see the correct amount, you should contact the California Department of Social Services’ Foster Care Audits & Rates Bureau at fosterca@dss.ca.gov.

Effective January 1, 2017, a basic level rate of $889 will be issued for all new placements of a child/youth in one of the following settings:

  • Resource Families
  • County foster family homes
  • Relatives (including both Federal and non-Federal relative cases and regardless of participation in the Approved Relative Caregiver Program)
  • Nonrelative Extended Family Members
  • Non-Minor Dependents in Supervised Independent Living Placements

Foster Family Agency (FFA) Rates

Effective January 1, 2017, all new and existing FFA Resource Families and certified families will be paid according to a rate structure that provides one flat rate for administration and incorporates the new components of Resource Family Approval (RFA) and Service & Supports (S&S).FFAs will be paid the total rate in the chart below:

Age 0-4 508 9-11 12-14 15-21
FFA Certified Family $896 $954 $994 $1,032 $1,072
Social Worker $340 $340 $340 $340 $340
S&S $156 $156 $156 $156 $156
RFA $48 $48 $48 $48 $48
Administration $672 $672 $672 $672 $672
Rate $2,112 $2,170 $2,210 $2,248 $2,288

Short-Term Residential Therapeutic Programs (STRTPs) and Group Homes

Effective January 1, 2017, the new STRTP rate is $12,036. For all out-of-state group home placements, the rate the county pays is based on the out-of-state group homes rate; however, the rate paid cannot exceed the new STRTP rate.

Kinship Guardianship Assistance Program (Kin-GAP), Non-Related Legal Guardianship (NRLG) Program & Adoption Assistance Program (AAP)

New placements of a child or youth (on or after January 1, 2017) who is determined to be eligible to receive assistance under Kin-GAP, the NRLG Program, and AAP will receive the basic level rate of $889.

The rate structure for families receiving AAP on behalf of an eligible child whose AAP agreement was signed and whose adoption finalized prior to May 27, 2011 will not change. (Consistent with existing law, AAP agreements signed or for AAP eligible adoptions that were finalized on or after May 27, 2011, may be reassessed based on the changing needs of the child or the circumstances of the adoptive parent).

The rate structure for families currently receiving Kin-GAP assistance payments or for NRLG cases where guardianship was established prior to or after May 1, 2011 will not change. Effective January 1, 2017, the Kin-GAP basic rate may be increased upon reassessment of the circumstances of the caregiver and the needs of the child for cases in which the kinship guardianship was established and dependency was terminated on or after May 1, 2011.

Out-of-State Foster Family Home (FFH) Placements

Out-of-State FFH rates will remain the same. Counties will continue to pay the other state’s rate as they do now.

Wraparound Rate

Effective January 1, 2017, the Wraparound rate is $8,573.

Citation: All County Letter 16-79 (September 22, 2016)

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