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.

POLICY

Placement Capacity

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:

The home is sufficient in size to accommodate the needs of all children in the home.

The foster family home is not a specialized foster care home.

For each child to be placed, the child's placement social worker has determined that the child's needs will be met and has documented that determination.

Community Care Licensing may authorize a foster family home to care for more than eight children only if the home specializes in the care of sibling groups, that placement is solely for the purpose of placing together one sibling group that exceeds eight (8) children and all of the above listed conditions are met.

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.

Children Under 3 Years Old

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).

Specialized Foster Care Homes

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:

The children/youth were in the home prior to November 1, 1995, or

A child receiving the basic rate in a home is later assessed as needing specialized care and a determination is made that the child should remain in that home (this determination should take into consideration the impact on the child at issue as well as other children placed in the home), or

When placement will keep siblings together and it is not clinically contraindicated.

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:

At least one of the children in the facility is a regional center client monitored in accordance to regulations.

The licensee of the small family home has the assistance of a caregiver to provide specialized in-home health care to the children whenever four or more foster children are physically present in the facility.

Verification of these requirements must be documented in the Case Notes.

Intensive Services Foster Care (ISFC)

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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PROCEDURE

Placing a Child in Out-of-Home Care

CSW Responsibilities

Specify the child’s placement needs on the DCFS 280.

Select a placement that will meet the needs of the child, including the need for legal permanency.

If the prospective caregiver is a relative or a nonrelative extended family member, see Evaluating a Prospective Caregiver, and Placement Responsibilities.

If the placement selected is the home of a relative/nonrelative extended family member, FFA certified foster family home or a licensed foster family home, identify and list in the Contact Notebook the names of all of the children age birth to eighteen (18) years old living in that home.

If the placement will result in more than six (6) children being placed in the home, refer to instructions on requesting exceptions to place more than six (6) children in the home.

If a suitable caregiver match is identified, review the placement decision with and obtain approval from the SCSW.

If the SCSW approves the placement selection, follow the procedures set forth in Placement Responsibilities.

If the SCSW does not approve of the placement selection, receive from the SCSW the DCFS 280 and other documentation for corrective action and/or consultation, as appropriate.

Make face-to-face contact with the relative/nonrelative extended family member, FFA certified foster parent or licensed foster parent according to contact requirements.

During these contacts, verify that the composition of the household continues to comply with DCFS capacity requirements of no more than a total of six (6) children in the household.

Update the Contact Notebook regarding the compliance of the household composition, as appropriate.

Advise the caregiver that if a violation of DCFS capacity policy is discovered:

The CSW will request an exception to the DCFS capacity policy; or,

The child(ren) will be removed because the home is out of compliance with DCFS capacity policy.

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Requesting an Exception to Place More Than Six (6) Children

CSW Responsibilities

For FFA Foster Family Certified Homes and Foster Family Homes:

If requesting an exception to exceed a home’s licensed capacity:

For Foster Family Homes, contact Community Care Licensing (CCL) (Culver City: 310-568-1807 or Monterey Park: 328-981-3300) for any records of past and/or current abuse/neglect referrals on file and/or investigations on the home.

For FFA Foster Family Certified Homes, contact CCL and the Out of Home Care Management Division for any records of past and/or current abuse/neglect referrals on file and/or investigations on the home.

Document this information in the Contact Notebook.

Conduct a home inspection to verify that the additional child’s needs would be met in the home.

Document the results of the visit in the Contact Notebook.

To request a capacity increase:

For Foster Family Homes, request that the foster parent contact CCL.

For FFA Foster Family Certified Homes, request that the foster parent contact the FFA.

Document this information in the Contact Notebook.

Follow up with a telephone contact:

For Foster Family Homes, follow-up with CCL (Culver City: 310-568-1807 or Monterey Park: 328-981-3300) to verify that the request for capacity increase will not exceed licensed capacity of the home.

For FFA Foster Family Certified Homes, follow-up with the FFA to verify that the request for capacity increase will not exceed licensed capacity of the home.

Document this information in the Contact Notebook.

Discuss the placement selection with the SCSW.

Upon notification from the foster parent regarding the approval of the capacity increase from CCL (Foster Family Homes), or FFA (FFA Foster Family Certified Home) document this in the Contact Notebook and obtain the SCSW’s signature and the ARA’s signature and approval on the DCFS 280.

If Community Care Licensing does not approve the capacity increase, do not place the child in the home.

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:

Follow the procedures in Evaluating a Prospective Caregiver, to have the home approved to place more than six (6) children.

If the home was approved, and meets the child’s needs and the placement requirements, submit the DCFS 724, DCFS 280 to the SCSW for approval and signature.

If the home was not approved, do not place the child in the home.

SCSW Responsibilities

Review the DCFS 280 and other documentation/forms to determine if it is appropriate to authorize an exception to place children in the home above capacity. Consider whether or not the placement priorities and any special needs of the child will be met by the caregiver.

If not approved, return the DCFS 280 and other documentation to the CSW for corrective action and/or consultation, as appropriate.

If approved, sign and date DCFS 280 and DCFS 724 (if applicable) forward them along with any other supporting documentation to ARA for capacity exception approval.

ARA Responsibilities

Review the DCFS 280 and other documentation/forms to determine if it is appropriate to authorize an exception to place children in the home above capacity. Consider whether or not the placement priorities and any special needs of the child will be met by the caregiver.

An ARA may authorize the placement of more than eight children in the home of a relative or nonrelative extended family member if that placement is solely for the purpose of placing siblings together and all of the above listed conditions are met.

If not approved, return the DCFS 280 and other documentation to the SCSW for corrective action and/or consultation, as appropriate.

If approved, sign and date DCFS 280 and (relative or nonrelative extended family member homes only) and return the DCFS 280 and other documentation to the SCSW.

RA Responsibility

Review the monthly over placement capacity report (more than six children in a home) to monitor capacity issues in foster family and relative/non relative extended family homes.

Instruct staff to take necessary action(s) to ensure compliance with placement capacity.

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APPROVALS

SCSW Approval

Placement

Exception to placement capacity

ARA Approval

Exception to placement capacity

HELPFUL LINKS

Forms

LA Kids

DCFS 280, Technical Assistant Action Request

DCFS 724, Placement Assessment

Referenced Policy Guides

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

Statutes

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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