Tag Archives: reentry

Eligible placements for AB 2464 re-entries

Q: I’m working with an 18 year old in guardianship who is no longer being provided support by their guardian, and is without a place to live. She has asked if she can access a Supervised Independent Living Placement (SILP).

Is there a way for this youth to re-enter foster care and access a SILP, and will she be eligible to receive her foster care payment directly as her own payee?

A: If this youth’s guardian is no longer providing ongoing support to her and she successfully re-enters Extended Foster Care through the process established by Assembly Bill 2454 (more information about this process in a previous Q of the W), then she would be eligible for the placement options available to non-minor dependents, including the Supervised Independent Living Placement (SILP).

To access a SILP, she would have to pass a SILP Readiness Assessment and her housing would have to pass a Health & Safety Inspection. Youth placed in SILPs are eligible to receive their foster care payment directly.

Citation: Assembly Bill 2454 (2014), All County Information Notice I-17-15 (October 20, 2015), All County Letter 11-69 (October 13, 2011), All County Letter 11-77 (November 18, 2011)

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Waiting Period for Re-Entry

No. It is not permitted to impose a waiting period of any duration before an otherwise eligible youth can re-enter foster care.

To re-enter, the youth must sign a voluntary re-entry agreement (SOC 163), which provides the county with the authority for placement for 180 days. Once this is signed, foster care benefits begin the date the agreement is signed or the date that the youth is placed in a qualified placement, whichever is later.

Policy guidance is clear that the youth does not have to be working or in school to re-enter foster care when the re-entry agreement is signed. Instead, they must agree to complete one of the participation conditions.  As ACL 12-12 states, “The youth’s signature on the SOC 163 will indicate their initial agreement to satisfy one of five participation conditions of EFC and will continue to satisfy that requirement pending completion of the TILP that documents their continuing participation.”

W&IC section 388(e); CDSS ACL 12-12

 

 

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Adopted at 16 but in need of services

Q: I was adopted when I was 16, but things didn’t really work out and I’ve been on my own since I turned 18. Now I’m 19 years-old and I work part-time, but it’s not enough to rent an apartment even with a roommate. I’m staying on my friend’s couch right now but I need to be out of here soon. My adoptive parents will not allow me to move back in. Am I eligible for AB 12 or for the THP-Plus program for former foster youth? 

A: Yes, you may be eligible to re-enter Extended Foster Care (EFC) through a process that was established by Assembly Bill 2454.

As of January 1, 2015, a youth who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when their guardianship or adoption was established, may seek re-entry to foster care if the legal guardian(s) or adoptive parent(s) received aid* after the youth attained 18 years of age, but no longer provide ongoing support to, and no longer receive aid on behalf of the non-minor between 18 and (up to) 21 years old.

Once the petition is filed and the court determines there is sufficient information to indicate that the non-minor meets one of the conditions for re-entry, a hearing will be scheduled within 15 judicial days.

The child welfare or probation department will prepare a court report that addresses how the non-minor will meet one of the five EFC participation criteria cited in ACL 11-69 and the appropriate placement setting for the non-minor. If re-entry into foster care is in the non-minor’s best interest, the court will assume dependency jurisdiction over the non-minor and order placement and care responsibility with the child welfare or probation agency.

As for your eligibility for the THP-Plus program for former foster youth, you are not eligible. Youth are eligible for the THP-Plus program who were in foster care or out-of-home placement on or after their 18th birthday and there is currently no mechanism to petition this, as there is for Extended Foster Care.

*Received aid under the state or federal Kinship Guardianship Assistance Program (Kin-GAP), as a Non-Related Legal Guardian whose guardianship was established in dependency court, or through the Adoption Assistance Program (AAP)

Citation: Assembly Bill 2454 (2014), All County Information Notice I-17-15 (October 20, 2015), All County Letter 11-69 (October 13, 2011)

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Re-entry to foster care: county of jurisdiction vs. county of residence

Q:  If a youth who exited care has moved to a new county and wants to reenter foster care, do they have to contact the child welfare agency in the county that had jurisdiction when they exited or can they contact the child welfare agency where they currently live?

A:  According to ACL 12-12, the original county retains jurisdiction, but a youth who wishes to re-enter can contact either the county of jurisdiction or the county of residence.  If the child welfare agency that the youth contacts is not the one that has jurisdiction over the case, the county of residence is required to immediately assist the youth in determining the county of jurisdiction and allow the youth to phone the point of contact in the county of jurisdiction in order to begin the application process.  In some cases the county of residence may be able to provide assistance to the youth with completing the necessary forms and send them to the county that has jurisdiction.  If they are not able to provide this assistance, the county of jurisdiction must assess the circumstances of the youth’s request and get the completed forms from the youth in a timely manner.

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