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
Extended Benefits for Nonminors
Non-Related Legal Guardianship
Indian Child Welfare Act (ICWA) Status
Pregnant and/or Parenting Youth
Youth Receiving Supplemental Security Income
Youth Receiving Regional Center Services
Youth in Military not on Active Duty
SOC 161, Six-Month Certification of EFC Participation
Short Term Residential Treatment Program (STRTP)
Case Management Requirements for NMDs
Prior to Youth Turning 18 Years Old
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
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.
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:
Eligibility Requirements |
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Juvenile Court Status |
Must be a:
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Age Requirement |
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EFC Participation Condition* (Documented on the SOC 161) |
Youth must meet at least one of the following:
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Supervised and Approved Placement*** |
The youth must agree to live in placement that is licensed or approved by DCFS.
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SOC 162, Mutual Agreement for Extended Foster Care |
Youth who choose to participate in EFC must sign the SOC 162 on or after attaining age 18. By signing, the youth
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*The CSW has an obligation to make reasonable efforts to ensure that NMDs who want to participate in the EFC Program are provided with the appropriate tools and support to maintain their eligibility. If there is a dispute between the NMD and DCFS as to whether the NMD is meeting one of the five EFC participation conditions, the juvenile court must make a finding as to whether or not the NMD is meeting the required conditions. This finding will be based upon whether or not the CSW, with the youth, created a reasonable TILCP. **Medical condition must be supported by information documented in the Case Plan. ***If the NMD no longer resides in an eligible facility, payment will terminate under existing rules once court makes the determination that the NMD is not residing in eligible facility. |
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.
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 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.
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.
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.
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:
Youth who are eligible for or receiving SSISupplemental Security Income. This program pays monthly benefits to blind or disabled children/youth who have limited income and resources. It is administered by Social Security. are eligible to participate in EFC even if they receive the SSI payment benefit instead of AFDC-FC or a combination of both.
Youth who are Regional Center clients are eligible to participate in EFC as long as they meet the eligibility requirements.
Purpose |
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When it must be Completed |
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Update |
At the same time the TILP and case plan are updated for the case review hearing. |
Provide Copies To |
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Documentation |
Document the form was completed in:
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Purpose |
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When it must be Completed |
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Update |
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Youth Residing with NRLG |
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*The youth's signature is not required if the youth is not capable of making an informed agreement.
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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.
Placement Options |
The following placement options are available to NMDs:
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Forms |
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Criminal Clearance |
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Education Travel Reimbursement |
NMDs are eligible to receive education travel reimbursement for attending their school of origin and if they meet all other criteria for the reimbursement. |
* An NMD case may be transferred via the Inter-county Transfer process if certain criteria are met. ** Out-of-state placements may be considered for NMDs who are attending college, residing in an appropriate placement or for appropriate employment if one of the following in place first: (1) An approved ICPC or; (2) Supportive TransitionCWS/CMS services component for nonminor dependents (NMD) under which the required Extended Foster Care (EFC) participation criteria must be indicated. (ST) services provided by a locally contracted agency in the receiving state (when ICPC is not available) or; (3) Any other out-of-state placements will be assessed on a case-by-case basis and the CSW should consult with their Services Bureau Administrative Team and County Counsel for further instructions. Prior to placement, the placing CSW must contact the DCFS ICPC Unit to determine if the other state will continue or accept a new ICPC agreement for a NMD and complete the required procedures. The ICPC process takes six (6)months so immediate action is necessary.
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Group home placement for NMDs may be considered:
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:
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):
Criteria Two (2):
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.
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.
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.
The following case management responsibilities apply:
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
Definitions of the 5 EFC Participation Conditions
Guidelines for Shared Living Agreement (SLA) Between Caregiver and Nonminor Dependent (NMD)
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
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
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
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.