0100-510.10 | Revision Date: 12/23/14
This policy guide provides information about licensed placement capacity, and what to do when placing beyond licensed capacity.
TABLE OF CONTENTS
Children Under 3 Years Old
Specialized Foster Care Homes
Intensive Services Foster Care (ISFC) <![CDATA[ ]]>
Placing a Child in Out-of-Home Care
Requesting an Exception to Place More Than Six (6) Children in a Placement <![CDATA[ ]]>
Approvals <![CDATA[ ]]>
Helpful Links <![CDATA[ ]]>
Referenced Policy Guides <![CDATA[ ]]>
Statutes <![CDATA[ ]]>
This policy guide was updated from the 07/01/4 version to provide clarification regarding placement capacity in a relative's home and specialized foster care homes based on California Community Care Licensing Manual, Title 22 Section 89387, Welfare and Institutions Code (WIC) 17732 and Health and Safety Code Section 1505.2.
Placement capacity in the home of a relative/nonrelative extended family member, certified foster family home or in a licensed foster family home is limited to six (6) children (age birth to eighteen (18) years). This capacity limit includes birth, guardianship, adopted, foster and all other related and non-related children living in the caregiver’s home. However, an exception may be granted for the purpose of placing siblings, step-siblings, or half siblings together in an out-of-home care setting. In these cases, Community Care Licensing (CCL) may grant a waiver or exception to extend the license capacity for a licensed home to provide care to more than six (6) children, and up to eight (8) children in a foster family home, to accommodate a sibling group, provided specific conditions are met.
For relative approval, there is no limit on the number of children that may be placed in the home provided that a caregiver can meet the needs of each child and the home meets relative home approval standards.
A signed exception by the ARA is required when placing a child in a home where six (6) or more children (age birth to 18 years) already reside. Conditions that must be met when considering a waiver/exception in any type of home include:
Under no circumstances can the population of a licensed foster home, exceed the California Department of Social Services Community Care Licensing licensed capacity for the home. CSWs must contact the Community Care Licensing Unit to verify the licensed capacity for a specific licensed foster family home if there is any question during the home visit. In the case of FFA certified homes, CSWs must contact the FFA.
CSW cannot place a child younger than 36 months of age (3 years old) in a relative/nonrelative extended family member or in a foster family home if two (2) or more children under 36 months of age already reside in the household, unless an exception is approved by the ARA. An exception must be based on the special needs and best interests of the child (e.g., sibling placements).
An out-of-home caregiver, including relative caregivers, cannot have more than two (2) children receiving, needing, qualifying for, or eligible to receive a specialized care rate, regardless of their licensed capacity. This capacity limit includes birth, guardianship, adopted, foster and all other related and non-related children living in the caregiver's home. Placement of a third child with or without special needs requires ARA approval. Notwithstanding placement issues, any child that appears to need a specialized care rate should be assessed. Placement of additional children will be considered if one of the following is met:
Specific conditions apply when requesting an exception to place more than two children who meet the definition of a child with special health care needs.
A licensed small family home, but not a certified home, may exceed the (2) two child placement limit and accept children with or without special health care needs up to the licensed capacity, if the following conditions are met in addition to the conditions required for children with special health care needs:
Verification of these requirements must be documented in the Case Notes.
No more than one (1) emotionally disturbed child, or child who has a serious behavioral problem, can be placed in a certified ISFC family home unless the participating ISFC FFA provides the department with a written assessment of the risk and compatibility of placing two (2) children who are emotionally disturbed or have a serious behavioral problem together.
More than two (2) children who are emotionally disturbed or have serious behavioral problems who are siblings may be placed together in the same certified family home if the placement is approved by the Interagency PlacementOne agency has custody of the child and another agency approved the applicant assessment. Review Team (IPRT).
There cannot be more than a total of five (5) children living (a maximum of 3 of these children may be emotionally disturbed or have serious behavioral problems) in an ISFC Certified Family Home with two (2) adults. There cannot be more than a total of three (3) children living in an ISFC Certified Family Home with one (1) adult, except in cases where children living in the home other than those placed are fifteen (15) years of age or older.
Only ISFC eligible children can be placed in ISFC foster homes, unless there has been approval in advance by the IPRT.
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For FFA Foster Family Certified Homes and Foster Family Homes:
For RelativeFor the purpose of placement and foster care payments: An adult who is related to the child by blood, adoption or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words, "great," "great-great" or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution./Nonrelative Extended Family Member Homes:
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DCFS 280, Technical Assistant Action Request
DCFS 724, Placement Assessment
0100-510.61, Placement Responsibilities
0100-520.10, Evaluating a Prospective Caregiver
0400-503.10, Contact Requirements and Exceptions
0600-505.10, Placing Children with Special Health Care NeedsAssembly Bill 2268, defines children with special health care needs as those children who are either temporarily or permanently dependent upon medical equipment or in need of other specific kinds of specialized in-home health care, as determined by the child’s physician. See "medically fragile."
0900-522.11, Specialized Care Increment (SCI)A rate paid in addition to the basic care rate for the care of children/youth with special needs. – F-Rate
Health and Safety Code Section 1505.2 – States that a licensing agency may authorize a foster family home to provide 24-hour care for up to eight foster children, for the purpose of placing siblings or half siblings together in foster care. This authorization may be granted only if certain conditions are met.
Manual of Community Care Licensing, Title 22, Division 6, Chapter 9.5 80028 – Sets forth the number of children for whom the facility is licensed to provide care and supervision shall be determined on the basis of the application review by the licensing agency.
Manual of Community Care Licensing, Title 22, Division 6, Chapter 9.5, Section 89224(b) – States that the licensing agency shall have the authority to waive or grant an exception to a specific regulation(s) if the request demonstrates how the intent of the regulation(s) will be met and under specific circumstances:
Manual of Community Care Licensing, Title 22, Division 6, Chapter 9.5 Section 89228(a) – States that the number of children for whom the foster family home is licensed to provide care and supervision shall be established on the basis of the application review by the licensing agency and lists certain conditions that must be taken into consideration.
Manual of Community Care Licensing, Title 22, Division 6, Chapter 9.5 Section 89387 - Sets forth the building and grounds requirements for foster homes including the number of children per bedroom, provision of basic items including beds, storage area and requirements for maintaining the home, clean, safe, sanitary and in good repair at all times.
Welfare and Institutions Code (WIC) Section 17710 – Provides the definition for “Child with special health care needs”.
WIC Section 17732 – Sets forth limitations on the number of foster children residing in a specialized foster care home and the exceptions to the capacity limitations.
WIC Section 18358.15 – Specifies the services for children placed in foster care; maximum number in certified family home; report of physical contact to manage behavior.
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