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In Home/Out of Home Care > Placement Disruption/Replacement > A Home Does Not Meet Approval Standards

Home Approvals Not Meeting Title 22 Approval Standards

0100-520.11 | Revision Date: 07/01/14

Overview

This policy guides outlines how to respond when a child or nonminor dependent resides in a pending home that no longer meets the regulatory approval standards or where either the conditions of a Corrective Action Plan will not be met.

TABLE OF CONTENTS

Policy

Denied Homes

Deficiencies

State Hearings

Removal of a Child Before or After the Disposition Hearing

Removal after a Dispositional Hearing

Procedure

Responding to an Incomplete Corrective Action Plan

ASFA Division CSW Responsibilities

Case-Carrying CSW Responsibilities

Regional SCSW, ARA, and RA Responsibilities

Responding to a Home that is Denied

ASFA Division CSW Responsibilities

ASFA Division ARA Responsibilities

Case-Carrying CSW Responsibilities

Regional SCSW, ARA, and RA Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 06/01/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title of this policy guide has been changed from “When a Child is Residing in the Home of a 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. or Non Relative Extended Family Member that Does Not Meet Title 22 Approval Standards.”

POLICY

Denied Homes

Under no circumstances is it appropriate to maintain a child/NMD in an ASFA denied home. The ASFA Division solely responsible for determining if a home can be approved and that all Title 22 approval standards are met. The ASFA Division will work with regional staff to make every effort, when appropriate, to approve the home of the relative or nonrelative extended family member (NREFM). Regional staff must follow the recommendation of the ASFA Division. The procedures listed in this guide do not apply to NMDs who are residing in the home of a relative/NREFM under a Supervised Independent Living Placement (SILP).

 

If another relative/NREFM’s home is approved and he/she is willing and able to keep a child/nonminor dependent (NMD) indefinitely and to meet his/her needs, the DCFS 725, Corrective Action Plan (CAP), for the current relative/NREFM is not necessary unnecessary. If no other relative/NREFM is available, the child/NMD must receive a temporary, alternative placement and a DCFS 726, Alternative Plan, until the CAP is completed. If the relative/NREFM needs assistance to complete the CAP, follow the steps outlined in Caregiver Home Approval: Requests for Goods and Services. TANF/CalWORKS funding may be available to a relative/NREFM until the CAP is completed and his/her eligibility for federal foster care funding is determined.

 

The following circumstances may be cause for a home to be denied:

 

If a child/NMD is already in such cases, the ASFA Division ARA or his/her designee must, as soon as possible, inform the regional SCSW that the home cannot be approved. Regional staff will remove the child/NMD the home. The case-carrying CSW will immediately notify the child/NMD’s attorney, if possible prior to removal. The assessed level of risk determines the frequency of the CSW and child/NMD contact.

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Deficiencies

A deficiency is considered any failure to comply with any provision of the Community Care Facilities Act and/or regulations adopted by DCFS or the California Department of Social Services (CDSS) Community Care Licensing Division. DeficienciesA deficiency is considered any failure to comply with any provision of the Community Care Facilities Act and/or regulations adopted by DCFS or the California Department of Social Services (CDSS) Community Care Licensing Division. that have an immediate impact on the child are those that if not corrected, would have a direct and immediate risk to the health, safety, or personal rights of the child. Such a deficiency must be corrected prior to placement of the child.

 

Deficiencies that without correction may have a potential impact on the child/NMD are those that may risk the health, safety, or personal rights of the child. In such a case, the child/NMD can be placed in the home pending completion of the CAP.

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State Hearings

A relative or nonrelative extended family member (NREFM) has the right to grieve the denial of approval. A state hearing must be available to those relatives or NREFMs, or those purporting to be a relative, under the authority of Title 22 of the California Code of Regulations, section 89318 through 89388, if the following has been determined:

 

  1. The relative or NREFM did not meet the qualifications to be a caregiver.
  1. The relative, NREFM, resident adult(s), or adult(s) with significant contacts to children was not approved under Community Care Licensing laws,

And

  1. The relative’s or NREFM’s home does not meet health and safety requirements,

Or

  1. The relative or NREFM did not complete required orientation and/or training.

 

For detailed instructions, the steps outlined in Grievance Review Regarding Placement/Removal of a Child from a Foster Family Home should be followed. Any disagreements with the ASFA Division regarding the possible approval of a home must be resolved within twenty-four (24) hours. When necessary, the chain of command should be used to reach a Departmental consensus regarding the safety of a home.

 

A CSW may never ask the court, the child/NMD’s attorney, the opposing counsel, or the court-appointed special advocate (CASA) for a court order that prevents the removal of a child/NMD from a denied home that did not meet the ASFA standards, based on Title 22 Regulations.

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Removal of a Child Before or After the Disposition Hearing

Refer to the following table when a child/NMD is removed before or after a dispositional hearing:

 

Child’s Situation

Required Actions

  • Was removed before or after the Dispositional Hearing.

And

  • Was placed in the home of another relative/nonrelative extended family member.
  • It is not necessary to file a WIC 385 petition, as long as the child/NMD was not originally ordered to be placed with a specifically named relative/NREFM.
  • Was removed before or after the Dispositional Hearing.

And

  • A specific placement order is in place.

And

  • The child/NMD is placed in a foster home, FFA, group home, etc.
  • A detained WIC 385 petition must be filed.
  • County Counsel must be consults about the information that should be included in the detained petition
  • Was removed after the Dispositional Hearing.

And

  • A specific placement is not in place.
  • It is not necessary to file a WIC 387 petition.

Removal after a Dispositional Hearing

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PROCEDURE

Responding to an Incomplete Corrective Action Plan

ASFA Division CSW Responsibilities

  1. If a Corrective Action Plan (CAP) has not been completed and it is not appropriate to extend the CAP, consult with the ASFA Division ARA or his/her designee prior to informing the regional staff the home cannot be approved.

 

  1. Inform the relative/NREFM that his/her home cannot be approved and provide him/her with the reason(s) for the denial of approval.
  1. Inform the relative/NREFM of the grievance review process. Follow the steps outlined in Grievance Review Regarding Placement/Removal of a Child from a Foster Home.
  1. Provide the relative/NREFM with a completed DCFS 728, Inspection of Prospective Family Caregiver Home and a NA 1271, Notice of Action-Denial of Home Assessment/Approval.
  1. Inform the relative/NREFM that he/she has ninety (90) days to submit the NA 1271. This period start the day DCFS gave/mailed the NA 1271.
  1. Document in the Contact Notebook the date the DCFS 728 and the NA 1271 were delivered and the method (in person or mailed).

 

  1. Notify the case-carrying CSW, SCSW, and ARA that the home cannot be approved.

Case-Carrying CSW Responsibilities

  1. Consult with County Counsel to establish if a detained or non-detained WIC 387 petition should be filed within two (2) business days after all of the following:

 

  1. Notify the child’s attorney of the decision to replace the child/NMD, if possible prior to removing the child.

 

  1. In the detention report or other report to the court, include all risk factors that led to the child’s/NMD’s removal or to the filing of a non-detained petition.
  1. Describe in detail what Title 22 standard(s) cannot be met.
  1. State why the standard(s) cannot be met and include all descriptive information of the home.
  1. Describe what efforts were made to assist the relative/NREFM in correcting the situation. Include the number of times those efforts were made and over what period of time.
  1. If the deficiencies are not correctable, explain why. 
  1. Explain all efforts made to locate another relative/NREFM willing to care for the child/NMD.
  1. If the denial is based on child abuse criminal records information, attach a copy of the California Law Enforcement Telecommunications System (CLETS)A system to determine if the subject of an inquiry by DCFS, law enforcement, the District Attorney or any other appropriate inquiring agency possesses a criminal record. DCFS may only request a CLETS clearance when related to child protective services issues., Child Abuse Central Index (CACI), Out of State Child Abuse Registry, Live-Scan, FBI, and/or subsequent notification of arrest reports.

Regional SCSW, ARA and RA Responsibilities

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Responding to a Home that is Denied

ASFA Division CSW Responsibilities

  1. If the following is determined during a home’s reassessment, after consultation with the case-carrying CSW, consult the ASFA Division ARA:

 

  1. If a relative/NREFM’s home can no longer be approved specifically due to a criminal history, provide a copy of the criminal clearance to the person to whom the information relates within five (5) business days of being notified of the denial.
  1. The copy of the criminal clearance must be provided in person or by mail in an envelope addressed to the person and to the location at which he/she receives mail.
  1. Enter the date, method, and name of the person who was provided with the copy of the criminal clearance in the Contact Notebook.

 

  1. Inform the relative/NREFM that his/her home cannot be approved and provide him/her with the reason(s) for the denial of approval.
  1. Inform the relative/NREFM of the grievance review process.  Follow the steps outlined in Grievance Review Regarding Placement/Removal of a Child from a Foster Home.
  1. Provide the relative/NREFM with a completed DCFS 728, Inspection of Prospective Family Caregiver Home and a NA 1271, Notice of Action-Denial of Home Assessment/Approval.
  1. Inform the relative/NREFM that he/she have ninety (90) days to submit the NA 1271. This period starts the day DCFS personally delivered or mailed the NA 1271.
  1. Document in the Contact Notebook the date the DCFS 728 and the NA 1271 were delivered and the method (in person or mailed).

 

  1. If it is determined at a reassessment that the home cannot be approved without the completion of a Corrective Action Plan (CAP) and that the deficiencies, if not corrected, could become a risk to the health, safety, or personal rights of the child/NMD:
  1. Within one (1) business day, notify the case-carrying CSW or SCSW of the findings and that a CAP will be necessary, if appropriate.
  1. At the face-to-face meeting, discuss the identified deficiencies and how they can be corrected with the relative/NREFM.
  1. If appropriate, initiate a CAP.
  1. Pending completion of the CAP:
  1. Obtain the ASFA Division’s ARA approval for the child/NMD to remain in the home.
  1. Within one (1) business day, notify the case-carrying CSW or SCSW of the CAP’s initiation.
  1. Monitor the home’s ongoing risk to the child/NMD through face-to-face contact in the relative/NREFM’s home.
  1. Conduct weekly telephone or face-to-face contacts with the relative/NREFM to monitor his/her progress in completing the CAP. If goods and/or services have been requested but not delivered within thirty (30) days of the request, follow the steps outlined in Caregiver Approval:  Requesting Goods and Services.
  1. If the CAP is not completed within the specified timeframe and if the risk to the child/NMD is immediate or if this is determined by the AFSA Division ARA, inform regional staff that the home was not approved.
  1. If a CAP is not determined appropriate or feasible, and if the home cannot be approved, consult with the ASFA Division ARA or his/her designee prior to directing the regional staff to remove the child/NMD.
  1. Notify the CSW, SCSW, ARA, and RA via email that the home will be denied.

ASFA Division ARA Responsibilities

Case-Carrying CSW Responsibilities

  1. Upon notification that the home of a relative/NREFM cannot be approved and that the child/NMD is at immediate risk:
  1. Consult with the SCSW.
  1. Immediately verify that the person with the criminal history is no longer residing in the home.
  1. If the person is found residing in the home, remove the child/NMD without delay.

 

  1. Make a face-to-face contact with the relative/NREFM and the child/NMD.

 

  1. Consult with the County Counsel to establish if a detained or non-detained WIC 387 petition should be filed within two (2) business days from the date notified that the CAP is not appropriate or feasible.

 

  1. For a home that cannot be approved either during its reassessment or due to a criminal history:
  1. Notify the child’s attorney of the decision to replace the child, if possible prior to removing the child.
  1. In the detention report or other report to the court, indicate all risk factors that led to the child’s/NMD’s removal or the filing of a non-detained petition.
  1. Describe in detail what standard(s) cannot be met and why. Include any descriptive information of the home.
  1. Describe what efforts were made to assist the relative/NREFM in correcting the situation. Include the number of times those efforts were made and over what period of time.
  1. If the deficiencies are not correctable, explain why.
  1. Explain all efforts to locate another relative/NREFM that is willing to care for the child/NMD.
  1. If the denial is based on child abuse information, attach a copy of the California Law Enforcement Telecommunications System (CLETS), Child Abuse Central Index (CACI), Out of State Child Abuse Registry, Live-Scan, FBI, and/or subsequent notification of arrest reports.

 

  1. Notify the ASFA Division CSW that the necessary action has been taken.

Regional SCSW, ARA and RA Responsibilities

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APPROVALS

SCSW Approval

HELPFUL LINKS

Forms

LA Kids

DCFS 725, Corrective Action Plan

DCFS 726, Alternative Plan

DCFS 728, Denial of Approval for Family Caregiver Home

DCFS 4161, Grievance Procedure Information

DCFS 4161-I, CDSS Regulations

Procedure Regulations

DCFS 5602, WIC 361.4 Exemption Request

Referenced Policy Guides

0100-502.52, Seven Day Prior Written Notice to Foster Parents of Intent to Remove a Child and Grievance Review Regarding Placement/Removal of a Child From a Foster Home

0100-520.09, Caregiver Approval: Requesting Goods & Services

0100-560.40, 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.

0300-301.05, Filing Petitions

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

Statutes

All County Letter (ACL) 12-12 – Provides revised and new SOC form for nonminor dependents.

 

ACL 13-27 – Provides State Hearing procedures for processing hearing requests in cases where a relative or nonrelative extended family member was denied approval to provide care to a juvenile court dependent.

 

Penal Code (PEN) Section 11105 – States criminal history must be provided when the information is a basis for denying the approval of a home.

 

Public Law (PL) 109-248 – Mandate referring to the Adam Walsh Child Protection and Safety Act of 2006 which requires other State Child Abuse Registries be checked.

 

Title 22 of the California Code of Regulations, Div 6, Chap 9.5, Section 89318 - 89388 – Outlines the core requirements for caregivers, relatives, and nonrelative extended family members who associated with Foster Family Homes.

 

Welfare and Institutions Code (WIC) Section 361.2(e) – States that when the court orders removal pursuant to Section 361, the court must order the care, custody, control, and conduct of the child to be under the supervision of the social worker.

 

WIC Section 361.45 – States that a child can be temporarily placed in the home of a relative or nonrelative extended family member on an emergency basis.

 

WIC Section 387 – States that an order for removal from custody and placement in a foster home or institution is needed.

 

WIC Section 11402.4 – States that payment to the relative or nonrelative extended family member must not be delayed or terminated solely due to late completion of the annual visit to ensure the quality of care provided.

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