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0100-560.40 | Revision Date: 10/27/22
Overview
This policy provides guidance on when to use 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. for nonminor dependents and explains the approval process for a SILP.
TABLE OF CONTENTS
Supervised Independent Living (SIL) Setting
Transitional Living Setting (TLS)
NMD Placement Options / Living Settings
Supervised Independent Living Placement (SILP)
Attending College Out of State
SILP Readiness Assessment Update
DCFS’ Evaluation of Placement Needs
Identifying a SILP as a Possible Placement
Out of Home Care Management Division (OHCMD) Responsibilities
SILP Inspector Responsibilities
A SILP Physical Unit is Approved
A SILP Physical Unit is Not Approved
Transitional Living Setting Initial Assessment and Payment Process
Regional/ERCP CSW Responsibilities
Accessing DCFS NMD Emergency Shelter Beds (Hotel)
CSW/SCSW/Placement Team Responsibilities
Using Job Corps, Tribally Approved Housing or Dorms/University Housing as a SILP
Responding to a Health & Safety Risk in a SILP Unit
Responding to a Dispute that is Brought to the Court
Version Summary
This policy guide was updated from the 05/14/19 version, to address the new requirements specific to housing options for nonminor dependents (NMDs) in the extended foster care program as a result of the adoption of Assembly Bill (AB) 1979. All County Letter (ACL) 21-95 provides information on the expansion of what constitutes a Supervised Independent Living (SIL) setting and provides new flexibilities for the approval of a Supervised Independent Living Placement (SILP).
In 2011, the SIL setting was created as a flexible placement type for NMDs participating in 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.. The passing of AB 1979 now allows for a transitional living setting (TLS) under the definition of SIL. Federal guidance allows for maximum flexibility for SIL settings, while ensuring the placement is safe for NMDs.
Accordingly, there are now three types of SIL settings defined in California law, including the following:
A SIL setting is not to include: youth homeless prevention centers, adult homeless shelters, detention facilities, forestry camps, or any other facility operated primarily for the detention of children who are determined to be delinquent.
Sometimes NMDs need interim, short-term housing during EFC entry or re-entry, or while transitioning between placements. In these circumstances, NMDs may utilize a TLS such as a couch, a church, youth resource center, Airbnb or Airbnb-like housing, a friend or family’s home, shared rooms, hotels, or other alternative housing options.
A TLS is not subject to the individual approval requirements like those of a SILP. They are intended to be temporary. Furthermore, a TLS approved by the County is not subject to licensing requirements that other housing providers, such as THP, are. Please note:
During transition planning with non-minor dependents (NMDs), and especially during the completion of the Transitional Independent Living Plan (TILP), the 6-Month Transition Plan (DCFS 5666), and the 90 Day Transition Plan (FC 1637), the assigned case-carrying Children’s Social Worker (CSW) needs to discuss plans for housing with the NMD. Each NMD’s housing plan should be tailored to their individual needs, abilities, and available supportive structures in place, which may change over time. (It is the county’s responsibility to ensure that youth in extended foster care do not experience any interruptions in placement or funding to support their placement).
While the case-carrying CSWs will initiate and continue to work with the NMDs to obtain housing, CSWs shall seek assistance as appropriate from staff in the following sections, to plan for and identify resources/housing for NMDs:
The following are housing options to consider and discuss with the NMD (pre-planned/emergent):
| Placement/ Living Setting Type | Description and/or Eligibility | Entry Process |
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| Supervised Independent Living Placement (SILP) |
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| Transitional Housing Placement – Non Minor Dependent (THPP-NMD)Placement Type |
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| Resource Family (RF) Home |
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| Short-Term Residential Therapeutic Program (STRTP) |
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| Regional Center Placement |
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| PodShare Interim Housing |
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| Transitional Living Setting (TLS) |
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| DCFS NMD Emergency Shelter (Hotel) |
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In addition to the above options, there are placement resources for Transition Age Youth (TAY) who have a closed DCFS and/or Probation case. NMDs should not be advised to close their dependency cases in order to gain access to housing resources not available to TAY with open cases. NMDs should be encouraged to take advantage of all the resources available to them, including those only available while in care and until they age out of care, such as a TLS. This option should only be considered as an absolute last resort, as defined by the circumstances of each NMD’s case. CSWs should counsel NMDs that if they choose to close their case, they will still have the right to re-enter EFC as many times as they choose to before turning 21. CSWs should be prepared to elaborate on the various DCFS-provided services and supports that the NMD will lose access to upon closing their case, and clearly explain that housing programs listed below will not offer comparable case planning and counseling supports.
A Supervised Independent Living Placement (SILP) is a flexible, non-licensed foster care placement available to nonminor dependents (NMDs) participating in the Extended Foster Care Program (EFC). It is intended to provide NMDs the opportunity for highly independent living experiences while they receive foster care payments and Supportive TransitionCWS/CMS services component for nonminor dependents (NMD) under which the required Extended Foster Care (EFC) participation criteria must be indicated. (ST) services. SILP placements are for NMDs who are developmentally ready to live independently and in a less restrictive environment.
SILPs include approved:
A SILP is not intended to be:
Living with appropriate relatives is acceptable and should be encouraged. For example:
For information regarding CalWORKs and SILPs refer to the Q.&A. Regarding CalWORKs and SILPs.
Eligible NMDs may be considered for an out-of-state SILP under the following circumstances:
In all cases, the DCFS ICPC Unit must be contacted to determine if the other state will accept or continue an ICPC for the NMD. As soon as the CSW is made aware that an EFC eligible or potentially eligible youth is planning to apply to and/or attend a college or university in a state other than California, the CSW should contact the DCFS ICPC Unit for consultation regarding the receiving states policy regarding NMDs.
ICPC Referrals must be submitted at least six (6) months if possible, prior to the planned placement date to allow sufficient time for processing by both DCFS and the receiving state.
All out-of-state and out-of-county SILP physical units (with the exception of Job Corps, Tribally Approved Homes and college dorms or other designated university housing) must be approved and may be subject to an annual re-inspection (if the CSW is made aware of information to suggest the presence of any safety concerns) conducted by one of the following:
CSW or designee will have monthly face-to-face contact with the NMD and provide ST services within the parameters of local laws of the receiving state, (only when neither ICPC nor ST services provided by a locally contracted agency are available).
Any days that a NMD resides in an unapproved SILP site will not qualify for payment.
Tribes have the independent authority to approve a SILP using their own socially and culturally appropriate standards.
Nonminor Dependents (NMDs) assessed as being ready for a SILP may reside in a SILP in the same home as a parent or guardian, including the parent or guardian from whom the youth was initially removed and/or whose parental rights have been terminated, and receive foster care payments as long as DCFS is providing supervision. It is the responsibility of DCFS to consider the circumstances of the NMD and the supervised independent living arrangement to decide whether it would be an appropriate independent living setting.
The term “parent” refers to both a parent from whom the youth was removed and/or whose parental rights have been terminated or any non-custodial parent (e.g., a biological parent, guardian or adoptive parent.) The NMD is not being placed with the parent, being returned home or is in any way under the care or supervision of the parent. The NMD remains a dependent court under the placement, care and supervision of DCFS and must continue to meet all eligibility criteria for EFC and must continue to work with DCFS towards achieving independence, including maintaining monthly contact with their CSW.
Approving a SILP for a NMD in a home where the parent is also residing must follow the same approval process that is utilized for any other SILP including:
The SILP Readiness Assessment tool should be utilized to determine if the NMD is making appropriate decisions with regards to the person(s) with whom they plan to reside. For example, if a parent is known to have an active substance addiction, is an untreated perpetrator of sexual abuse or domestic violence is occurring in the home, that would indicate that the SILP request is not appropriate and should not be approved. Any concerns should be documented in the SILP readiness assessment and, if the concerns rise to the level of indicating that the NMD is not ready for the proposed SILP, the NMD should be directed to explore other placement options, including other SILP arrangements, if appropriate.
When a SILP has been approved for a NMD who will be living with a parent, it may be helpful to assist the NMD and parent in developing a Shared Living Agreement.
In any case where it has been established that a NMD is not ready to receive their payment directly and therefore a payee is required, the parent shall not be allowed to act as the payee for the foster care payment.
When the placing agency denies a NMD’s request to live in a SILP in the same home as a parent, the NMD shall be informed of their right to appeal this decision and shall be provided a copy of the county’s appeal procedures.
In all cases for those attending college out of state, the DCFS ICPC Unit must be contacted to determine if the receiving state will accept or continue an ICPC for the NMD. As soon as the CSW is made aware that a potentially eligible youth is planning to apply to and/or attend a college or university in a state other than California, the CSW should contact the DCFS ICPC Unit for consultation regarding the receiving state’s policy regarding NMDs. ICPC Referrals must be submitted at least six (6) months, if possible, prior to the planned placement date to allow sufficient time for processing by both DCFS and the receiving state. Please refer to PG 0100-525.10, Interstate Compact on the Placement of Children (ICPC) for more detailed information on the referral process to the ICPC Unit.
There are two steps to the SILP approval process:
The SOC 157C and SOC 157B must be completed for the following types of SILP placements to be approved:
Required SILP forms may be completed by the NMD with electronic signatures. The required forms must be successfully submitted by the NMD prior to the SILP being approved.
CSWs must jointly evaluate with the NMD, the NMDs initial and continued readiness for a SILP by completing the SOC 157C, Standardized SILP Readiness Assessment Tool. The SILP Readiness Assessment (not required for Job Corps, Tribally Approved Homes and College dorms/University housing, including those out-of-state). The SILP Readiness Assessment is intended as an opportunity to work with the NMD to determine the most appropriate placement and to evaluate the NMDs preparedness in the specific area(s) identified in the SOC157C. It is not as a means to permanently deny a SILP placement. The outcome of the SILP Readiness Assessment must be documented on the SOC 157A. If the NMD disagrees with the outcome of the joint assessment, he/she has the right to a grievance process.
CSWs may note any areas in which the NMD needs to develop additional skills on the SOC 157C. Skills that need to be developed must be transferred into the NMDs Transitional Independent Living Plan (TILP) and must become part of the case plan. Needing additional skills in certain areas is not grounds for denial but may be an indicator that the NMD needs a SILP with support (e.g. a room rented from a relative).
Indicators that NMDs are not ready for a SILP may include, but are not limited to:
CSWs must jointly evaluate with the NMD, the NMDs continued readiness for a SILP by completing the SOC 157C, Section 1, Financial Plan and Readiness Assessment Summary under the following circumstance:
If the SILP Readiness Assessment indicates that the NMD is ready for a SILP, the NMD is responsible for finding their own SILP unit, with the help of the CSW and the CSW is responsible for approving the appropriateness of the SILP unit. AB 1979 amended WIC section 11402.2, subdivision (b), to permit SILP unit inspection, and re-inspection, if necessary, through methods other than an in-person visit, including, but not limited to, videoconferencing and telephone calls that include pictures of the living space. The Out-of-Home Care Management Division (OHCMD) SILP section completes initial physical inspections and annual re-inspection, if necessary, for all SILPs in LA County. If ICPC or a contracted agency is not in place, the CSW is responsible for physical inspections and annual re-inspection for all SILPs out-of-state and county. See procedures for out of state SILPs. Job Corps, Tribally Approved Homes and College dorms/University housing, including those out-of-state do not require approval for appropriateness or a physical inspection but the SOC 157B must be completed appropriately. As applicable, OHCMD or case-carrying CSW must complete a physical inspection with the NMD using the SOC 157B, SILP Inspection Checklist, within ten (10) calendar days of receiving the DCFS 123-B, SILP Inspection Request. If there is an urgent matter, the inspection will be completed within two (2) business days. The SILP begins upon the SILPsapproval and the first SILP payment arrives within sixty (60) days.
SILPs need to meet basic health and safety standards and must have the following amenities:
Minor issues that can be repaired by the landlord or that may seem undesirable but are not safety hazards are not reasons to disapprove a site.
As applicable, safe sleeping considerations should be part of the SILP Readiness process. In the event that concerns occur after the SILP readiness has been completed, the CSW and SILP Inspector must discuss with the NMD safe sleeping practices. As necessary, the CSW during the SILP readiness determination or thereafter (if the pregnancy or birth occurs after the SILP readiness has been completed), must discuss with the NMD the resources available to purchase a crib or toddler bed (e.g.Early Infant Supplement (EIS) while pregnant, Infant Supplement, etc.); or the CSW shall assist in exploring availability of Trust Fund or STOP funds, if other resources are not available.
In the event that there remains a lack of a crib or toddler bed, the inspector may approve the SILP if all other requirements are otherwise met but must develop a Corrective Action Plan (CAP) assist the NMD to access resources and acquire the crib or toddler bed required to address this concern. SILP payment will start from the date of the approval of the unit, and the CAP should not delay the effective date of payment. The case-carrying CSW must return to the unit the soonest reasonable time necessary to check on the completion of the CAP and by the due date indicated in the CAP. The case-carrying CSW is responsible for checking in with the NMD, offering assistance as needed and following up on the CAP’s completion. If there is any issue regarding the CAP’s completion that cannot be resolved, the staff must consult with the ARA and county counsel.
The date for the completion of a CAP should be the soonest possible, taking into account the ability of and resources available to the youth to complete the required correction with DCFS support as necessary, as well as checking in with the NMD, offering assistance as neededd the safety of the NMD and their child (as applicable). The CSW must document in the Contact Notebook and as applicable, Case Notes, any follow-up actions and active efforts made to assist the NMD to complete the CAP.
A SILP no longer needs to be re-assessed annually if the NMD remains continuously in the previously approved unit while still demonstrating the ability to live independently as assessed via the SOC 157A agreement form, and if the CSW is not aware of any updated safety concerns. The role of the CSW is to identify any issues in the home which pose immediate safety threats, and/or issues that could potentially lead to impacts on the safety and well-being of the NMD if not addressed.
Additionally, the carrying CWS may elect to certify that a SILP unit continues to meet health and safety standards once every 12 months, if the caseworker has no information to suggest the presence of any updated safety concerns. This enables counties to utilize a SILP unit that has been approved within the prior 12 months, and that is being vacated by the current tenant, or to permit the addition of another NMD without further approval of that SILP unit.
The three SILP forms utilized in the reassessment process (SOC 157A, SOC 157B, and SOC157C – optional) remain applicable to the NMD population.
NMDs have the freedom to choose their roommates. However, CSWs should guide NMDs in selecting appropriate ones, particularly if the prospective roommate is someone the NMD does not know well. CSWs do not have the legal authority to conduct background checks on a potential roommate and it is not required that roommates have background checks.
When it is suspected that an NMD who is living in a SILP is being abused by a roommate, it must be reported to local law enforcement rather than adult protective services.
All NMDs living in a SILP receive the California basic foster care rate plus the applicable county clothing allowance, and will be the payee of the SILP, unless an Alternate/Designated Payee is indicated. The NMD will receive the first SILP payment a month after the SILP approval. The Specialized Care Increment is not available for a SILP placement. However, parenting NMDs can receive the infant supplement while residing in a SILP.
In any case where it has been established that a NMD is not ready to receive their payment directly and therefore an alternate payee is required, the NMD's parent shall not be allowed to act as the alternate payee for the foster care payment. The expectant parenting payment and infant supplement shall be paid directly to the NMD.
Based on the readiness indicators in the SILP Readiness Assessment, the CSW will determine if the SILP is approved with specified assistance and document the specific indicators which led to this determination.
If the young adult is not approved to receive funds directly, the CSW will assist the youth in identifying a trusted adult to become the youth’s Designated Payee to receive the SILP payment on behalf of the youth. A parent or guardian shall not be allowed to act as the Designated Payee for the foster care payment.
The start date of the SILP payment to the NMD cannot be initiated any earlier than the date of the approved physical inspection documented on the SOC 157B. NMDs need to be informed that any days they reside in an unapproved site will not qualify for payments. However, prior to the unit being approved as a SILP, the NMD can utilize the prospective SILP unit as a temporary living setting (TLS) and receive SIL funding while awaiting SILP approval.
If an NMD must change SILPs unexpectedly, the NMD may live in an unapproved SILP temporarily and receive TLS funding while awaiting approval of the new SILP.
An NMD has the right to a grievance process in the following situations:
The NMD should be informed that in order to do so, the NMD must complete the DCFS 123-C, The Extended Foster Care Grievance Review Process For Nonminor Dependents. If the NMD disagrees with the decision made on their grievance, the NMD may bring the issue up before the court. These types of disputes may also be brought before the court by the NMD without first using the grievance process.
On a regular basis, DCFS must conduct an evaluation of the county’s placement resources and programs in relation to the needs of youth and NMDs placed in out-of-home care. The Department must examine the adequacy of existing placement resources and programs and identify the type of additional placement resources and programs needed. DCFS must specifically examine both of the following:
Each out-of-county and out-of-state placement must be documented in the Child Welfare Services Case Management System (CWS/CMS) because the CDSS will utilize that data to evaluate out-of-county and out-of-state placements and to assist in the identification of resource and placement needs.
Out of Home Care Management Division (OHCMD) Responsibilities
SILP Inspector Responsibilities
Assistant Regional Administrator (ARA) Responsibilities
Regional/ERCP CSW Responsibilities
CSW/SCSW/Placement Team Responsibilities
Q. & A. Regarding CalWORKs and SILPs
Instructions for Assessing the Use of Portable Space-Heaters for SILPs
SOC 157A, Supervised Independent Living Placement (SILP) Approval and Placement Agreement
SOC 157B, Supervised Independent Living Placement (SILP) Checklist of Facility Health and Safety Standards
SOC 157C, Standardized SILP Readiness Assessment Tool
DCFS 123-B, SILP Inspection Request
DCFS 123-C, The Extended Foster Care Grievance Review Process For Nonminor Dependents
DCFS 123-E, DCFS SILP Inspection: Portable Space-Heater Safety Check-List
DCFS 280, Technical Assistance Action Request (for use ONLY when FCSS Automated 280 is not available)
Young Adult’s Guide to Housing
SOC 157A, Supervised Independent Living Placement (SILP) Approval and Placement Agreement
SOC 157C, Standardized SILP Readiness Assessment Too
0080-502.10, Case Plans
0080-505.10, Transitional Independent Living Plan (TILP)
0100-525.10, Interstate Compact on the Placement of Children (ICPC)
0100-535.25, Extended Foster Care (EFC) Program
0900-506.10, Clothing Allowances
0900-511.10, Rates for Placement and Related Services
MD 14-02, Travel Policy, Travel Advance and Expenses Reimbursement
All County Information Notice (ACIN) I-86-08 (November 20, 2008) – Provides information, in part, on the use of tribally approved homes as placement options for children under county jurisdiction.
All County Letter (ACL) 13-82 (October 16, 2013) - Provides instruction regarding CalWORKs and SILPs.
ACL 13-82E (March 25, 2014) - Provides revision to ACL 13-82 instruction regarding CalWORKs and SILPs.
ACL 13-91 (November 1, 2013) - Provides instruction regarding extended foster care and Indian nonminor dependents covered by the Indian Child Welfare Act (ICWA).
ACL 14-33 (July 3, 2014) - Provides instruction regarding nonminor dependents placed out-of-state.
ACL 17-83 (September 5, 2017) – Provides instruction regarding nonminor dependents in SILP with parent/guardian.
ACL 21-95 (August 16, 2021) – Provides updates to supervised independent living (SIL) settings, placement option evaluations, and transitional housing provider payments.
Assembly Bill (AB) 1979 - Expands the definition of a supervised independent living setting to include a transitional living setting approved by a county to support youth who are entering or reentering foster care or transitioning between placements, excluding a youth homelessness prevention center or adult homeless shelter. Authorizes a county, in certain circumstances, to continue to approve payment to a transitional housing placement provider for a period of up to 14 days in a calendar month in which a nonminor dependent is absent from the placement and prohibits a transitional housing placement provider from providing a removal notice or filling a nonminor dependent’s place in the program if the county continues to pay the board and care costs for up to 14 days during the nonminor dependent’s absence.
Indian Child Welfare Act, 25 United States Code Section 1931 – States, in part, that tribally approved homes are deemed equivalent to licensing or approval by a state.
Welfare and Institutions Code (WIC) Section 11402.2 – States, in part, the a nonminor dependent may live an in unapproved supervised independent living placement (SILP) temporarily while awaiting approval of their new SILP.
WIC Section 11461(a) – Sets rates for children and nonminor dependents placed in a licensed or approved family home.
WIC Section 11461(e)(1) – States, in part, that the specialized care increment rate shall not be paid to a nonminor dependent placed in a SILP.
WIC Section 16501.1(c)(1) – Defines the use of out-of-home placements, including Supervised Independent Living Placements. NMDs must be provided opportunities to have incremental responsibility to prepare to transition to independent living.
WIC Section 16501.1(f)(16)(A) – States, in part, that for nonminor dependents, the case plan must include a written description of the program and services that will help the nonminor dependent prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in Section 11403 and include steps on how the agency is ensuring that the nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults. For NMDs, if applicable, shall describe the Supervised Individual Living Placement.
