Extended Foster Care (EFC) Program

0100-535.25 | Revision Date: 10/26/18

Overview

This procedural guide covers the general provisions of the Extended Foster Care program.

TABLE OF CONTENTS

Policy

Extended Foster Care

EFC Eligibility

Extended Benefits for Nonminors

Non-Related Legal Guardianship

Kin-GAP and AAP

Special Populations

Indian Child Welfare Act (ICWA) Status

Pregnant and/or Parenting Youth

Youth Receiving Supplemental Security Income

Youth Receiving Regional Center Services

Married Youth

Youth in Military not on Active Duty

Forms Required for EFC

SOC 161, Six-Month Certification of EFC Participation

SOC 162, Mutual Agreement

Placement of NMDs

Group Home Placement

Shared Living Agreement

Short Term Residential Treatment Program (STRTP)

Exiting & Re-entry to EFC

Case Management Requirements for NMDs

Procedure

Prior to Youth Turning 18 Years Old

Case-Carrying CSW Responsibilities

Youth Attains NMD Status

Case-Carrying CSW Responsibilities

SCSW Responsibilities

Approvals

Helpful Links

Attachments

Forms 

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/07/17 version to include a change in the funding end date for EFC participants per ACL 18-15, which now ends no later than the day before the youth's 21st birthday. The STRTP for NMDs were added for placement options. Per ACL 18-101, married youth and youth in the military, not on active status now qualify for EFC, provided they meet all other EFC eligibility requirements.

POLICY

Extended Foster Care (EFC) Program

The EFC program allows foster youth to remain in foster care and continue to receive foster care payment benefits and services up to the day before the youth turns 21 years of age, as long as the foster youth meets the participation requirements, lives in an approved or licensed facility, and meets the other eligibility requirements. 

The following youth are not eligible for EFC:

• Are 21 years of age

• Youth did not have a suitable placement order in effect on their 18th birthday

• Are in the military on active duty status

• Are incarcerated

• Are otherwise not eligible for AFDC-FC

• Are in a Non-Related Legal Guardianship (NRLG) through the probate court.

EFC Eligibility

Extended Benefits for Nonminors

Non-Related Legal Guardianship (NRLG) With No Open Court Case

Former foster youth in non-dependent NRLG's established in juvenile court are eligible for extended state-only AFDC-FC payment benefits if they meet eligibility requirements and at least one of the EFC participation criteria.

• The youth must sign the SOC 162 to continue funding after turning 18 years old while remaining under the care and support of the NRLG.

• The NRLG will receive the EFC payment unless the youth can satisfy the conditions in the Eligibility and Assistance Manual section 45-301.214 and become their own payee. 

• Consult with the Eligibility Manager to determine if youth meets the standards.

• Case Management responsibilities remain as set forth by current policy for these youth, unless otherwise noted in this policy.

Youth in non-dependent NRLGs established through juvenile court are not eligible to file 388 to re-enter court jurisdiction nor are they eligible for the other placement options available to NMDs who are court dependents, including a Supervised Independent Living Placement (SILP)SILP is a supervised and approved placement that is part of the Extended Foster Care program. SILP is a flexible and the least restrictive placement setting. It can include: an apartment (alone or with roommates); shared living situations; room and board arrangements; room rented from a landlord, friend or relative, or former caregiver; or college dorms. and THP-NMD (formerly known as THP+FC).  These youth are not NMDS as they do not have a suitable placement order in effect on their 18th birthday. These youth must live with their NRLG to receive a payment.  However, they may live in a college dorm or other setting as required to access education/employment opportunities, as long as the NRLG maintains support of the nonminor. 

The completion of the SOC 163 is required with this population when:

• The nonminor under a NRLG stops participating or leaves the care and support of the guardian and

• Wishes to return to the guardian's care and receive extended state-only AFDC-FC payment benefits.  The youth must call the hotline to initiate this process.

The signing of the SOC 163 is an eligibility condition for a nonminor returning to the extended NRLG benefits program and documents the earliest possible beginning date of aid (BDOA).  The BDOA is the day the nonminor and county sign a SOC 163 or the day the nonminor returns to the care of the guardian, whichever occurs later.  The nonminor must meet all other eligibility requirement.  This youth will not file a 388 petition unless the circumstances below take place.

Kin-GAP and AAP

Former foster youth who are in the Kin-GAP program and youth in Adoption Assistance Program (AAP) are eligible for extended benefits payments to their adoptive parent (AP) or legal guardian (LG) if the payments begin on or after, or the initial adoption agreement was signed, when the youth was at least 16 years old and one of the eligibility criteria are met. These youth are nonminors and are not eligible to file a 388 to re-enter as they are not NMDs and did not have a suitable placement order in effect on their 18th birthday with an open court case. These youth do not call the hotline to continue benefits once they turn 18 years of age.

Special Populations

Indian Child Welfare Act (ICWA) Status

An Indian youth who would like to participate in EFC will continue to have ICWA standards applied to their case unless they choose to withdraw from being identified as an Indian child.

• Withdrawal from ICWA does not require or mean dis-enrollment from the Indian youth's tribe and will not affect their tribal membership status.

• The youth must still meet all the usual requirements and conditions for participation in the EFC.

• The youth's decision regarding the application of ICWA must be documented in the status review hearing. 

Pregnant and/or Parenting Youth

Pregnant and/or Parenting Teens may participate in the EFC program as long as they meet the eligibility requirements. 

Parenting NMDs may also qualify for the following:

• The infant supplement is available regardless of the type of placement the NMD is in.

• The provider will receive the infant supplement if the parenting NMD is placed in a licensed/approved facility.

• If in a SILP, the parenting NMD can receive the foster care payment and the infant supplement directly. 

• An additional $200 per month in addition to the infant supplement, if residing in a SILP, and after development and approval of a Parenting Support Plan (PSP) with an identified responsible adult mentor.

• May be placed in a Whole Family Foster Home, which can include the THP-NMD host family site.

• A NMD who has a minor child placed in the same facility is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.

Youth Receiving Supplemental Security Income (SSI)

Youth who are eligible for or receiving SSI are eligible to participate in EFC even if they receive the SSI payment benefit instead of AFDC-FC or a combination of both. 

Youth Receiving Regional Center Services

Youth who are Regional Center clients are eligible to participate in EFC as long as they meet the eligibility requirements.

Married Youth

• May now enter, re-enter or remain in EFC if they are married or get married

• Subject to same requirements as any other NMD and

• Eligible for same placement options, if available and appropriate

Youth in Military not on Active Duty

• NMDs in the reserve command of any branch of the armed forces or is a member of the National Guard is eligible for EFC benefits until called upon to serve in active duty, if all other EFC eligibility requirements are met.

• Youth who are enlisted in the military but not on active duty, including ROTC program, are eligible for EFC except during extended training if the military program does not allow a CSW to conduct monthly visits and supervision during this time. The youth would be eligible to re-enter foster care as soon as visitation can resume.

Forms Required for EFC

SOC 161, Six-Month Certification of Extended Foster Care Participation

SOC 162, Mutual Agreement

Placement of NMDs

NMDs must agree to live in a DCFS approved and supervised placement. As NMDs are legal adults, their desire for a specific placement should be accommodated, if appropriate and available.  However, they are not entitled to a specific placement. They may remain in foster care as long as they meet the EFC eligibility criteria. 

Group Home Placement

Group home placement for NMDs may be considered:

• If the continuation of the placement allows the NMD to finish high school within that academic year or is a short transition period to a more family-like or less restrictive setting. 

• The group home placement decision includes a youth driven, team-based case planning process.

• Whenever possible and appropriate, efforts to transition youth from group home placement prior to turning age18 should occur. 

Once the NMD graduates high school or reaches age 19, whichever is earlier, group home placements are prohibited unless the NMD meets participation criteria number five, medical condition, and group home placement is a short-term transition to the appropriate system of care.  In this situation, each of the following must be addressed:

• The reason(s) why admission to, or continuation in, a group home is the best alternative available to meet the special needs or well-being of the NMD.

• How the placement will contribute to the NMD’s transition to independent living.

• Treatment strategies that will be used to prepare the NMD for a less restrictive, more family-like setting.

Short-Term Residential Therapeutic Program (STRTP)

STRTP placement for NMDs may be considered provided they meet all of Criteria One (1) and at least one (1) of Criteria Two (2), and be authorized by the Interagency PlacementOne agency has custody of the child and another agency approved the applicant assessment. Committee (IPC) screening, as follows

Criteria One (1):

1. Inpatient care in a licensed health facility is not required, and

2. A determination has been made in conjunction with the Child and Family Team (CFT)A group of individuals, as identified by the family, and convened by DCFS, who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. which indicates that the NMD would benefit from the level of services provided by a STRTP

• In addition to a mental health assessment, information can be gathered from other domains

Criteria Two (2):

1. The NMD meets the medical necessity criteria for Medi-CalCalifornia's federal Medicaid program. Specialty Mental Health Services as provided by a STRTP, or

2. The NMD is assessed as Seriously Emotionally Disturbed, or

3. A licensed mental health professional assessed the NMD’s as requiring the level of services provided in a STRTP in order to meet the NMD’s behavioral or therapeutic needs

• State mandates require that a licensed mental health professional must complete the assessment, not a licensed-eligible mental health professional or supervised intern

Shared Living Agreement (SLA)

SLA is a written understanding between the caregiver and NMD on an array of expectations for placement in a household to assist both NMDs and providers/caregivers in transitioning to their new adult roles.  For NMDs remaining in their current placement at age 18 or those moving into a new foster family home, relative caregiver or NREFM placement or some SILP settings, it is best practice for the NMD to enter into a SLA with the caregiver or other roommates.

Exiting & Re-entry to EFC

NMDs may exit foster care at any time after reaching age 18. If they choose to or DCFS recommends the termination, a Termination of Jurisdiction court hearing under WIC section 391 is required. Since funding for EFC will terminate the day before the youth turns 21 years of age, request the court to set the hearing date to terminate jurisdiction before the youth's 21st birthday.

• The JV-365, Termination of Juvenile Court Jurisdiction-Nonminor, must be completed and attached to the court report.

• For youth aging out of EFC, request the court to terminate jurisdiction no later than the day before the youth's 21st birthday

• The report submitted to court that requests termination of jurisdiction must address the issues outlined in WIC 391 or the court is prohibited from terminating jurisdiction.

• At this hearing NMDs are informed of their options to remain in care or re-enter while still under the age limits and receive personal documents and assistance in transition services. 

If NMDs exit foster care after 18 and prior to reaching maximum age limit, they have

the option to re-enter foster care at a later date by contacting the hotline and completing the voluntary re-entry agreement with DCFS.

Case Management Requirements for NMDs

The following case management responsibilities apply:

• Monthly visitation requirements

• Court Reports

• Writing the WIC 366.3 Status Review Hearing Report

• Writing the WIC 366.31 Status Review Hearing Report For Nonminor Dependents

• Writing the WIC 391 Termination of Jurisdiction Report

• Notice of Hearing for Juvenile Court Hearings

• Case Plans with the case plan goal of "Permanent Connections for Independence".

• Transitional Independent Living Plan (TILP)

• 90-Day Transition Plan

• Confidentiality

• Obtaining Consent

• Health and Education Passport (HEP)

• CHDP Exams

\Back to Policy  

PROCEDURE

Prior to Youth Turning 18 Years Old

Case-Carrying CSW Responsibilities

1. While preparing for the six-month review hearing prior to the youth turning 18, inform the youth about the EFC program by providing the youth with the DCFS 159, which covers the following:

1. The potential benefits of continued dependency.

2. The youth’s right to remain in foster care as a NMD.

3. The right to request termination of dependency upon reaching 18 years of age.

4. The right to have dependency reinstated, if the youth meets eligibility requirements, anytime prior to their 21st birthday, by filing a petition pursuant to WIC § 388(e).

2. Consult with the youth to determine participation in EFC.

1. Ask the youth if s/he intends to sign a mutual agreement to remain in a supervised placement.

2. For an Indian youth, advise him/her of the right to continue to be considered an Indian child for ongoing application of the Indian Child Welfare Act (ICWA).

3. Document the discussion in the Contact Notebook.

3. If the youth decides to transition out of foster care and have court jurisdiction terminated, complete the following:

1. Complete all required transitioning tasks.

2. Provide the youth with the following:

1. JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

2. JV-466, Request to Return to Juvenile Court and Foster Care

4. If the youth decides to participate in EFC, complete the following:

1. Assist the youth in maintaining their eligibility for EFC.

2. Involve the youth's caregiver, as appropriate, to determine their willingness to have the NMD remain in the current placement.

3. Engage the youth in developing the case plan and TILP.

• The case plan goal for NMDs is "Permanent Connections for Independence".

4. Obtain any documentation or verification that youth meets one of the EFC participation conditions. 

5. Complete the SOC 161 .

6. MD turns age 18, complete the DCFS 280 and attach the SOC 161 to process for EFC eligibility.

1. File a copy of this request and in the Eligibility Folder.

2. File a copy of the SOC 161 signed by the EW Eligibility Folder

3. For NMDs receiving CalWORKS forward the signed SOC 161 to DPSS.

7. Complete the appropriate notice and Status Review Hearing Report for the six-month period prior to the youth reaching 18 years of age. 

1. Attach the updated case plan, TILP, and SOC 161.

2. Inform the court of the youth's decision to participate in EFC and document how the youth meets the criteria.

Back to Procedure

Youth Attains NMD Status

Case-Carrying CSW Responsibilities

1. Discuss and obtain the signature of the NMD on the following forms:

1. SOC 162 , Mutual Agreement for Extended Foster care at or after attaining age 18, and no longer than six months of turning 18. 

1. Provide a copy of the signed 162 to the youth and the EW. 

2. File the SOC 162 in the Eligibility folder (yellow).

3. If youth is receiving extended CalWORKs benefits, ensure that a copy of the signed mutual agreement is provided to the CalWORKs EW.

2. DCFS 6009, Nonminor Dependent Informed Consent

3. DCFS 6010, Nonminor Dependent 2-Way Authorization for Sharing Information.

2. Update the following on CWS/CMS:

1. Service component must be changed to "Supportive Transition".

• The effective date is the youth's 18th birthday.

2. Complete and update, as necessary and applicable, the "Participation Criteria" grid documenting which EFC participation condition the youth is meeting.  At least one of the following must be selected.

1. NMD-Completing HS or Equiv

2. NMD-College/Vocational Ed

3. NMD-Removing Emp Barriers

4. NMD-Employed Min 80 Hrs/Mo

5. NMD-Medical Disability

3. As necessary, assist the youth in creating a shared living agreement with the caregiver or other household member or roommate.

4. As necessary, assist the youth with remaining in a supervised and approved placement, including a SILP.

• Strongly remind the NMD that if the NMD no longer resides in an eligible approved placement, payment will terminate.

• Further, the NMD will no longer be meeting the EFC participation condition and steps to terminate jurisdiction will follow.

5. Support the youth's case plan goals and objective of:

1. Identifying and developing permanent connections.

2. Making the transition to independent living.

3. Assuming incremental responsibility for adult decision making.

6. Complete the SOC 161 , Six-Month Certification of Extended Foster Care Participation every six months, along with the TILP and case plan update, prior to the NMDs next review hearing.

1. Forward the SOC 161 via a DCFS 280 to the EW. 

1. File a copy of this request in the Eligibility Folder.

2. File a copy of the SOC 161 signed by the EW Eligibility Folder

3. For NMDs receiving CalWORKS forward the signed SOC 161 to DPSS.

7. If there are issues related to case plan compliance and/or whether or not the NMD is meeting at least one EFC participation criteria, inform the court to make the determination.  Provide the following to the court: TILP, reports mandated by the court showing the NMD’s level of participation, efforts made by NMD and CSW to maintain eligibility with a reasonable TILCP.

1. If the juvenile court finds that the NMD is not meeting the EFC criteria, submit a DCFS 280, to issue Notices of Action to the payee, the NMD and their attorney to terminate AFDC-FC benefits.

1. If the NMD wishes to request an administrative hearing to challenge the termination of AFDC-FC benefits, he/she is afforded all the usual rights to an administrative hearing and aid paid pending.

8. Follow all other case management responsibilities per current practice and procedures including:

• Ensure that all NMDs receive ongoing transition services to prepare for their exit from foster care, including development of the 90-Day Transition Plan with the youth within 90 days of the minor or NMD turning 21 or planning to exit foster care

• Ensure that the youth has Medi-Cal or other health insurance and help him/her get medical, dental, and/or mental health care as needed.

• Tell the youth about any changes to her/his foster care benefits and give him/her information about the procedure to appeal a decision to either cut off or reduce her/his benefits.

• Make sure the youth has contact information for her/his attorney and information about upcoming juvenile court hearings and how to participate in these hearings as applicable.

9. Request the court to set the hearing date to terminate jurisdiction before the youth’s 21st birthday. Recommend on the court report that court jurisdiction be terminated no later than the day before the youth’s 21st birthday.

SCSW Responsibilities

1. Review and approve the following:

1. Case plan update

2. TILP

3. Court report

4. DCFS 280

Back to Procedure

APPROVALS

SCSW Approval

• Case Plan Update

• TILP

• Court Report

• DCFS 280

HELPFUL LINKS

Attachments

Definitions of the 5 EFC Participation Conditions

Guidelines for Shared Living Agreement (SLA) Between Caregiver and Nonminor Dependent (NMD)

Forms

CWS/CMS

DCFS 280, Technical Assistant Action Request

JV-365, Termination of Juvenile Court Jurisdiction-Nonminor

JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

SOC 161 , Six-Month Certification of Extended Foster Care Participation

SOC 162 , Mutual Agreement for Extended Foster Care

SOC 163, Voluntary Re-entry Agreement for Extended Foster Care

LA Kids

DCFS 159, Youth Advisement of Nonminor Dependency (Extended Foster Care)

DCFS 280, Technical Assistant Action Request

DCFS 6009, Nonminor Dependent Informed Consent

DCFS 6010, Nonminor Dependent 2-Way Authorization for Sharing Information

JV-365, Termination of Juvenile Court Jurisdiction-Nonminor

SOC 161 , Six-Month Certification of Extended Foster Care Participation

SOC 162 , Mutual Agreement for Extended Foster Care

SOC 163, Voluntary Re-entry Agreement for Extended Foster Care

Referenced Policy Guides

0070-559.10, Clearances

0080-505.20, Heath and Education Passport (HEP)

0080-502.10, Case Plans

0080-504.11, Case Plan/Court Report: Court Report Requirements For Children Residing In Group Homes

0080-505.10, Transitional Independent Living Plan (TILP)

0100-510.40, Teen Parent DPSS Services Assessment

0100-510.50, Out-Of-County Placements

0100-510.61, Placement Responsibilities

0100-525.10, Interstate Compact on the Placement of Children

0100-535.60, Youth Development: The 90-Day Transition Planning Conference, Transition Plan, and Transitioning to Independence

0100-535.65, Extended Foster Care: Re-Entry Of Nonminor Former Dependents

0100-560.40, Supervised Independent Living Placement

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-503.15, Writing a Status Review Hearing Report for a WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 Hearing

0300-503.16, Writing the WIC 366.3 Status Review Hearing Report for Minor Dependents

0300-503.17, Writing the WIC 366.31 Status Review Hearing Report for Nonminor Dependents

0400-503.10, Contact Requirements and Exceptions

0600-500.20, Protected Health Information /Medical InformationAs defined by Civil Code (CIV) Section 56.05(g), is any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment. This does not include psychotherapy notes (notes made by the therapist about a private therapy session that are kept separate from the rest of the patient’s medical record). These notes are subject to additional privacy protections and cannot be disclosed by therapists even in situations where other PHI may be disclosed.: Access and Sharing

0900-523.10, Social Security(SS)/Supplemental Security Income (SSI) Benefits for Children in Care

1000-504.75, Inter-county Transfer

Statutes

ALL COUNTY INFORMATION NOTICE (ACIN) NO. I-40-11 – Program Information Regarding Assembly Bill (AB) 12 and The Extension of Foster Care to Age 20

All County Letter (ACL) 11-61 – Extended Foster Care (EFC)The Extended Foster Care program allows a foster youth to remain in foster care and continue to receive foster care payment benefits (AFDC-FC payments) and services beyond age 18, as long as the foster youth is meeting participation requirements, living in an approved or licensed facility, and meeting other eligibility requirements.

ACL 11-69 – Extension of Foster Care Beyond Age 18: Part One

ACL 11-77 – Extension of Foster Care Beyond Age 18: Part Two (Placement)

ACL 15-67 – States that a parenting NMD residing in a SILP is eligible for an additional $200 per month after the completion and approval of a parenting support plan (PSP) with an approved adult mentor.

California Department of Social Services Child Welfare Service Manual Division 31-515-520 – States the provisions for the Indian Child Welfare Act (ICWA).

Welfare and Institutions Code (WIC) 366.31(a) – Sets forth what the court shall ensure if the review hearing is the last to be heard before a minor attains the age of 18.

WIC Section 366.31 (b) and (c) – Sets forth what the court report shall address for the review hearing which is the last to be heard  before a minor attains 18 and for an subsequent review hearing and when the case plan is court ordered family reunification.

WIC Section 366.32 – Sets forth conditions for the court to continue or terminate jurisdiction of an NMD.

WIC Section 366.3 (l) and (m) – Sets forth the requirements for the report for the hearing that occurs in the six-month period prior to the minor's attaining 18 years of age, and at every subsequent review hearing and (n) what the court shall ensure at that hearing. 

WIC Section 361.6 – Provisions for the continuation of court-ordered family reunification services for a NMD.

WIC Sections 366.31 – Sets forth regulations with respect to a nonminor dependent including the court’s authority to continue jurisdiction of the nonminor as a dependent of the juvenile court or dismiss dependency jurisdiction pursuant to Section 391 and retain general jurisdiction over the youth pursuant to Section 303 allowing the nonminor who has not attained 21 years of age to be able to subsequently file a petition to have dependency jurisdiction resumed; and placement options available.

WIC Section 391 – States that at any hearing to terminate jurisdiction over a dependent child who has reached the age of majority the county welfare department shall; ensure that the child is present in court, unless the child does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available; submit a report verifying that information, documents, and services have been provided to the child.

WIC Section 11400(v) – States that nonminor dependent means a youth who turned 18 years of age on or after January 1, 2012 and is a foster child as described in USC 42, Sec. 675(8)(B) who is a current or former dependent child or ward of the juvenile court who has satisfied the following criteria: a) is completing high school or equivalent program (GED); or b) is enrolled in college, community college or a vocational education program; or c) is participating in a program to remove barriers to employment; or d) is employed at least 80 hours a month; or e) is unable to do one of the above requirements because of a medical condition.

WIC Section 11401(e) – States that aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent.

WIC Section 11403 – Contains the provisions related to nonminor dependency.

WIC Section 16501.1(c) – Sets forth placement considerations for NMDs including requirements for a group home placement.

WIC Section 16501.1(f)(16)(A) – Sets forth case plan requirements for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent.

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