Extended Foster Care: Re-Entry of Nonminor Former Dependents
0100-535.65 | Revision Date: 8/23/2019

Overview

This policy reviews the re-entry process into extended foster care and non-related legal guardianship extended benefits, including the eligibility criteria that must be met in order to qualify for these services.

Table of Contents

Policy

Procedure

Approvals

Helpful Links

Version Summary

This policy guide was updated from the 01/18/17 version per All County Letter (ACL) 19-31 and AB 2337, to provide further instruction regarding youth seeking re-entry into foster care because his or her adoptive parent(s) or legal guardian(s) are no longer providing support; to reflect that effective January 1, 2019, youth who are under the age of 21 and were in receipt of Supplemental Security Income (SSI) or other aid from the Social Security Administration (SSA), in lieu of Kinship Guardianship Assistance Payment (KIN-GAP) or Adoption are also eligible for re-entry under the same conditions as those receiving Kin-GAP or AAP payments; and to further clarify the eligibility criteria for re-entry and services/referrals for potentially re-entering youth.

POLICY

Extended Foster Care (EFC) Re-Entry

To be eligible to re-enter foster care and be eligible for EFC benefits, a nonminor (NM) youth must:

  • Have had a court order for foster care placement on their 18th birthday; and
  • Be under twenty-one (21) years old. 

There is no limitation on the number of times a NM may exit and subsequently return to juvenile court jurisdictions and foster care or resume participation in NRLG Extended Benefits.  The NM's circumstances and needs may change several times between the ages of eighteen (18) and twenty-one (21) years.

Probate Legal Guardianship youth are not eligible for Extended Foster Care or NRLG Extended Benefits.

ICWA Status Upon Re-Entry

An Indian youth is eligible for EFC services and re-entry. An Indian youth must decide whether or not they wish for the provisions of ICWA, previously determined or identified upon re-entry, to continue to apply to them after turning eighteen (18) years of age.

Special Populations Eligible for Re-Entry

The following special populations are eligible for Re-Entry and do not need an order for foster care placement on their 18th birthday pursuant to WIC 388.1 eligibility criteria and conditions.

Special Populations Eligibility for Re-Entry
Nonminors under Kin-GAP
  • Youth must have entered into the Kin-GAP agreement at the age of sixteen (16 ) or older; or have a documented physical or mental disability that warrants continuation of assistance.
  • A nonminor former dependent under Kin-GAP whose former guardian(s):
    • Died after the nonminor attained eighteen (18) years of age, but prior to attaining the age of twenty-one (21).
    • No longer provide ongoing support to, and no longer receive aid on behalf of the nonminor after the nonminor attained eighteen (18) years of age, but prior to attaining twenty one (21) years of age, and would have been otherwise eligible to continue to receive extended Kin-GAP or NRLG benefits up to the age of 21, but for the failure to support the youth.
Nonminors receiving Adoption Assistance Program (AAP) benefits
  • Youth must have entered into the adoption assistance agreement at the age of sixteen (16) or older;or have a documented physical or mental disability that warrants continuation of assistance.
  • A nonminor former dependent receiving AAP benefits whose adoptive parent(s): 
    • Died after the nonminor attained eighteen (18) years of age, but prior to attaining the age of twenty-one (21).
    • No longer provide ongoing support to, and no longer receive aid on behalf of the nonminor after the nonminor attained eighteen (18) years of age, but prior to attaining twenty one (21) years of age, and the nonminor would have been otherwise eligible to continue to receive extended AAP benefits per the adoptive parents request and agreement to remain legally and financially responsible for the support of the AAP eligible nonminor beyond age 18 to age 21.
Nonminors receiving SSI or SSA aid/benefits
  • Youth who entered into a legal guardianship or were adopted, under the same conditions as above, but did not receive Kin-GAP or AAP payments because they were receiving SSI or other income from the federal SSA.

Former foster youth in NRLG's established in juvenile dependency court with court jurisdiction subsequently terminated, are eligible for extended state-only AFDC-FC payment benefits up to age twenty-one (21) if they meet the eligibility requirements and at least one of the EFC participation conditions.

In addition, these youth must be under or returning to the care of the previous non-related legal guardian when re-entering, and are not eligible for other placement options. In certain circumstances, the youth may live outside of the home of the previous non-related legal guardian as long as the previous non-related legal guardian agrees to continue provide support to the NMD; however, if they are attending school, work or training, they may become their own payee.

Participation Conditions

Following the initial determination of the youth's EFC re-entry eligibility or the NRLG extended benefits (without resuming court jurisdiction) and their signing of the SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care, the youth must meet one or more of the following EFC Participation Conditions:

  1. Completing high school or equivalent program (GED); or
  2. Enrolled in college, community college or a vocational education program; or
  3. Participating in a program to remove barriers to employment; or
  4. Employed at least 80 hours a month; or
  5. Unable to do one of the above requirements because of a medical condition.

The Social Worker has 60 days from the date of assumption/resumption of jurisdiction to develop the Transitional Independent Living Case Plan (TICLP), including the Transitional Independent Living Plan (TILP) with the NMD. The case plan's TILP must document which of the participation conditions the NMD will be participating in and should also include a back-up plan should the NMD become unable to participate in the first activity.

The signing of the SOC 163 documents the earliest possible beginning date of aid (BDOA).  The BDOA is the day the NM and county of payment sign the SOC 163 or the day the NM returns to the care and support of the guardian, whichever occurs later, provided all other eligibility criteria are met. 

In addition to ensuring the SOC 163 is complete, the CSW must also:

  • Complete the SOC 161 certifying the re-entry youth's eligibility within sixty (60) days of the youth signing the SOC 163. 
  • Provide the SOC 161 and SOC 163 to the EW.

The TILP date is the date used to calculate when the SOC 161 expires and a new updated SOC 161 is required.

Re-Entry Youth Calls the Child Protection Hotline (CPH)

When the youth calls the CPH, they will be screened to determine if they meet the EFC re-entry requirements.

  • If the youth meets the EFC/NRLG eligibility requirements, the CPH CSW will complete a "CSW Information/Consultation Call" notice and assign to the regional office the youth was assigned to when exiting foster care.
  • If the youth does not meet the EFC/NRLG eligibility requirements, the CPH will refer the youth to the DCFS Youth Development Services (YDS) Program staff for assistance with Independent Living Program (ILP) Follow-Up Services and other services for Former Foster Youth in Los Angeles County. If the youth disagrees with the re-entry determination, YDS staff should advise the youth of their option to file directly with the court.

Assignment

During regular business hours, a "CSW Information/Consultation Call" notice will be generated and assigned to the Regional Office the re-entry youth was assigned to when exiting foster care.  During after hours/weekends/holidays, a "CSW Information/Consultation Call" notice will be generated and assigned to either:

  • The regional office the re-entry youth was assigned to when exiting foster care; or
  • ERCP CSW when the re-entry youth is homeless and has no one they can stay with.

EFC cases will be assigned to the EFC CSWs in offices where this specialized caseload has been established.  In all other offices, EFC cases will be assigned to Generic CSWs. 

A Dependency Investigator (DI) will complete and file the WIC 388(e) EFC Re-Entry Petition in each case within 15 judicial days.  NRLG re-entry cases will not have court involvement and do not require DI assignment.

Response Time

  • If the case is considered a "Homeless Crisis", the CSW must respond within two (2) hours.
  • If the case is considered "Standard" (not homeless or it is a NRLG Re-Entry), the CSW must respond within one (1) business day.

Forms

The following, mandatory forms ensure that information needed by the juvenile court to resume jurisdiction is presented in a clear manner and that the re-entry youth's contact information will remain confidential when desired:

  • JV 464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
  • JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care
  • JV 468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care

DCFS must assist the youth in completing the JV-466 and JV-468 petition forms at the earliest possible interval.

Youth Comes "In-Person" for Re-Entry

At Regional Office

Youth may initiate EFC/NRLG re-entry at any regional office.  Designated staff will meet with the youth, explain the re-entry process and assist the youth in calling CPH.  If the CPH determines the youth's assignment should take place at a different Regional Office, based on the youth's assignment when exiting foster care, the designated staff assisting the youth will arrange for transportation to the assigned Regional Office for completion of the re-entry.  Transportation options include:

  • Initial response CSW taking the youth to the assigned Regional Office.
  • Initial response CSW meeting the assigned Regional Office CSW "half-way".
  • Assigned Regional Office CSW picks the youth up.

At Children's Court

A re-entry youth may go directly to Children's Court to reopen their case by going to the DCFS office on the first floor for assistance in completing the JV-466 and the SOC 163.  Once DCFS court staff has assisted the youth in completing and submitting the JV- 466 and SOC 163, court staff will provide instruction for the youth to call the Child Protection Hotline (CPH) to formally initiate the re-entry process.  If the youth does not have a phone or needs assistance with the call, DCFS court staff will provide access to a phone and assist as needed.  The re-entry youth also has the option of going directly to the Clerk's Office on the second floor to file the Re-Entry Petition.

If the youth is applying for NRLG Extended Benefits, the court records will show termination of jurisdiction and a court order for non-related legal guardianship.  In these cases, DCFS Court staff may only assist the youth by instructing them to call the CPH and ensuring the youth has access to a telephone in order to call the CPH.

Re-Entry to/from Another California County

Extended Foster Care Re-Entry

The county that had jurisdiction over the youth at the time the youth exited foster care maintains payment, case management responsibilities, and court jurisdiction for the youth upon re-entry. 

NRLG Extended Benefits

The county of payment and case management for the NRLG youth is the current county of residence of the non-related legal guardian pursuant to WIC 11403(f)(1)Refer to the County Welfare Directors Association's Inter-county Transfer Protocol for information on transfers of NRLG payment cases and the required documentation that must be transferred to the new county of residence.

County of Residence Provides Courtesy Supervision

If the re-entry youth contacts a county (county of residence) other than the county of jurisdiction (payment county), and if the county of residence provides courtesy supervision, the county of residence will assess the circumstances of the youth's request for placement and assist the youth with completion of the forms required for re-entry.  The county of residence will then fax or scan and email the forms the same day to the county of jurisdiction's point of contact for an original signature from the county of jurisdiction.  Los Angeles County’s "point-of-contact" is the CPH. 

The SOC 163 is used to establish the beginning date of aid and must be signed by the county of general jurisdiction.  The county of residence must transmit this form to the payment county immediately and maintain a courtesy copy of the forms.  The county of general jurisdiction must fax or scan and return the fully executed copy of the SOC 163 back to the county of residence.  If the county of residence places the youth, a copy of the placement agreement must be sent to the county of jurisdiction.  Once completed, the county of residence must forward the SAWS 1, FC 2 NM, EA 1, SOC 158A, and SOC 163 to the county of jurisdiction.

County of Residence does not Provide Courtesy Supervision

If the re-entry youth contacts a county of residence that does not provide courtesy supervision, the county of residence must immediately assist the youth in determining the county of jurisdiction and allow the youth to phone the "point of contact" in the county of jurisdiction in order to begin the application process.  The Los Angeles "point-of-contact" is the CPH.  Use the County Welfare Directors Association AB12 County Contact Lists for re-entries.

The county of residence must also provide blank copies of the SAWS 1, FC 2 NM, EA 1 and SOC 163 to the youth.  It is the county of jurisdiction's responsibility to assess the circumstance of the youth's request for placement and care and get the completed forms from the youth in a timely manner.

Once completed, the county of jurisdiction must forward the completed SAWS 1, FC 2 NM, EA 1, SOC 158A, and SOC 163 to the county of jurisdiction.

WIC 388(e) EFC Re-Entry Petitions

DCFS must file a WIC 388(e) Re-Entry Petition on the youth’s behalf within fifteen (15) judicial days of the date the SOC 163 is signed.

  • L.A. County Juvenile Court/Dependency Court must receive that petition within five (5) days of its submission to the Court where the youth resides (if that is in another California county).

If the youth does not want to wait for DCFS to file the petition, they can file the petition on their own within fifteen (15) judicial days of signing the SOC 163. 

  • When the youth submits a Re-Entry Petition on their own behalf, the Juvenile Court Clerk is required to notify DCFS that a petition has been filed and provide the youth's contact information. 
  • The Juvenile Court Clerk must also notify DCFS if there will a hearing for which DCFS will be responsible for submitting a report to the court. 

Once the court reviews the WIC 388(e) EFC Re-Entry Petition and determines that a prima facie showing has been made, a court date will be set and DCFS will be ordered to prepare a WIC 388(e) EFC Re-Entry Hearing Report

  • The hearing will be held within fifteen (15) court days from the date the WIC 388(e) EFC Re-Entry Petition was filed with the court.

DCFS has sixty (60) days from the date the youth signed the SOC 163 to prepare a new Case Plan and TILP to submit to the court for the WIC 366.31 Review Hearing. The WIC 366.31 Review Hearing must be held within seventy (70) days of the resumption of dependency jurisdiction.

Providing Case Management and/or Services for a Potentially Re-entering or a Re-Entry Youth

Potentially Re-entering Youth

When a nonminor youth under the age of 21, whose adoption or guardianship was established through dependency court or delinquency, notifies DCFS or other responsible entity of his or her desire to re-enter and alleges that he or she is no longer being supported by his or her legal guardian(s) or adoptive parent(s), DCFS shall initiate a timely assessment to gather information and determine the accuracy of the statements. The assessment and supports should be explored as soon as possible before DCFS initiates re-entry proceedings, suspends or terminates payments. The assessment should include an in-depth conversation with the youth and the legal guardian(s) or adoptive parent(s) to better understand the dynamics of the home, and the needs and strengths of the family. The overall goal, to the extent possible and if safe, is to maintain the guardianship or parental relationship and lifelong connections between the youth and the caregiver(s).

If no safety issues are identified, the CSW shall attempt to reconcile any differences between the legal guardian(s) or adoptive parent(s) and the young adult, as appropriate, including linkage to community services, to help the youth and family. Post-Adoption Services (for adoption cases) or the Kinship Resource Center should be contacted for available and appropriate services and support.

If the adoptive parents are nonresponsive, DCFS should attempt contact using multiple forms of communication. If contact is made, the CSW is prohibited from asking the parent(s) for a list of expenditures or an accounting of how the benefits are used to meet the young adult’s needs.

If it is determined that the guardian(s) or adoptive parent(s) are not providing care and support, DCFS may temporarily suspend Kin-Gap payments or stop AAP benefits. As current practice, the Notice of Action (NOA) reflecting the change/termination of payments must be sent to the guardian(s) or adoptive parent(s).

Re-entry Youth

The re-entry needs of youth are best served by the office which knows the re-entry youth best.  Upon stabilization of the youth's re-entry needs and plans, the case may be considered for transfer to another office, as warranted.  If there is a need to transfer the case to another office due to placement location issues for the assigned CSW, the transfer can take place within twelve (12) months, as long as there is agreement among all involved parties.

While the re-entry youth is participating in EFC, the CSW must make sure the following mandates are met:

  • Help the youth develop and achieve their goals for stable and permanent housing and independent living.
  • Review the goals in the youth's TILP and update them at least once every six (6) months.
  • Help the youth choose an appropriate approved or licensed placement.
  • Help the youth stay eligible for extended foster care by responding to any problems they have reported and help them find services and supports to meet their needs and maintain eligibility.
  • Help the youth develop a Shared Living Agreement, as needed, and help resolve any problems that arise with the youth's placement.
  • Ensure the youth has Medi-Cal or other health insurance and help them get medical, dental, and/or mental health care, as needed.
  • Tell the youth about any changes to their foster care benefits and give them information about the procedure to appeal a decision to either cut off or reduce their benefits.
  • Make sure the youth has contact information for their attorney, information about upcoming juvenile court hearings, and how to participate in these hearings, as applicable.
PROCEDURE

Youth Re-Entry Process

CPH CSW Responsibilities

  1. Create the "CSW Information/Consultation Call" notice if the re-entry youth meets the following two requirements:
    • Youth was under a foster care placement on their 18th birthday; or
    • Youth was in a Non-Related Legal Guardianship (NRLG) established through juvenile court on his/her 18th birthday; or
    • Youth was a former dependent under Kin-GAP, Kin-GAP agreement was signed when the youth was age sixteen (16) or older, or has a documented physical or mental disability that warrants continuation of assistance, and whose former guardian(s) died after the nonminor attained eighteen (18) years of age, but before the age of twenty-one (21); or
    • Youth was a former dependent receiving AAP benefits, the adoption agreement was signed when the youth was age sixteen (16) or older, or has a documented physical or mental disability that warrants continuation of assistance,and whose adoptive parent(s) died after the nonminor attained eighteen (18), but before the age of twenty-one (21); or
    • Youth who entered into a legal guardianship or were adopted, under the same conditions as above, but did not receive Kin-GAP or AAP payments because they were receiving SSI or other income from the federal SSA; and
    • Youth is under twenty-one (21) years of age.
  2. For youth residing in L.A. County who call the CPH, determine the response time and assignment based on the following criteria:

Re-Entry Youth's Housing Status

Response Time

Assignment

"Homeless Crisis"

Within two (2) hours

Regular Business Hours: Office that the re-entry youth was assigned to when exiting foster care After hours, Weekends & Holidays: ERCP

"Standard"

Within one (1) business day

Office that the re-entry youth was assigned to when exiting foster care

  • If the youth is homeless, calling from the Children's Court , and Children's Court is about to close, a court staff person will remain with the youth until the youth is picked up by a designee of the assigned regional office.
  1. For youth residing in another California county who contact the CPH, determine the response time and assignment based on the following criteria:

Adjacent County – No Courtesy Supervision

Re-Entry Youth's Housing Status

Response Time

Assignment

Regular Business Hours

After hours, Weekends, & Holidays

"Homeless Crisis"

Within two (2) hours

Within two (2) hours

Regular Business Hours: Office that the re-entry youth was assigned to when exiting foster care

After hours, Weekends & Holidays: ERCP

"Standard"

Within one (1) business day

By next business day

Office that the re-entry youth was assigned to when exiting foster care

Non-Adjacent County

Supervision Status

Re-Entry Youth's Housing Status

Response Time

Assignment

Courtesy Supervision

"Standard"

Upon receipt of required re-entry forms, immediately submit to TA/EW and contact youth within one (1) business day

Office that the re-entry youth was assigned to when exiting foster care

No Courtesy Supervision

"Standard"

Contact by phone within two (2) hours and meet face-to-face with youth within five (5) business days or sooner, depending on the youth's distance from the L.A. County assigned office.

Office that the re-entry youth was assigned to when exiting foster care

"Homeless Crisis"

Provide emergency shelter & services resources in the youth's zip code and meet face-to-face with youth within five (5) business days or sooner, depending on the youth's distance from the L.A. County assigned office.

4. For all youth, including those from other California counties who want to participate NRLG Extended Benefits, complete the "CSW Information/Consultation Call" notice with the basic required information and check:
    • Re-Entry box
    • Either the "Homeless Crisis" or "Standard" box for response time
    • "Closed" box
  • 5.  Enter the:
    • State ID#
    • Court#
    • Date
    • Time In/Out
    • Screener and Caller Name
  • Include the following in the Information/Consultation Requested/Provided by Caller section:
    • Re-Entry Youth's name
    • DOB/Age
    • Address/Location
    • Phone Number
  • Mark "No" for Mandated Reported and Referral.
  • For L.A. County youth, if the youth does not meet the EFC Re-Entry Eligibility Requirements, refer the youth to the DCFS Youth Development Services (YDS) Program staff for assistance with Independent Living Program (ILP) Follow-Up Services and other services for Former Foster Youth in Los Angeles County.
  • For youth from other California counties, if the youth does not meet the EFC Re-Entry Eligibility Requirements, refer the youth to the county of residence for ILP follow-up services and other services for former foster youth.
  • For a nonminor, former ward/probation youth, they should be directed to contact Probation to initiate the EFC/NRLG Re-Entry process.  Advise the youth to expect a same or next business day response during regular business hours (no after-hours, weekends or holidays) and provide the following information:

Jed Minoff, Director

Placement Services Bureau

Transition Jurisdiction Services (AB 12), Transitional Housing, TILP

(213) 351-0243

jedediah@probation.lacounty.gov

  1. If the other California county provides courtesy supervision complete the following:
  2. If the other county has the required re-entry forms completed and signed (SAWS 1, FC 2 NM, EA 1, SOC 163, SOC 158A), provide the DCFS Fax number or email address for the requesting county to send the signed forms.
  3. Upon receipt of the completed and signed re-entry forms, attach all copies to the "CSW Information/Consultation Call" notice and submit to the SCSW.
  4. If the required re-entry forms are not yet available, provide the other county with the DCFS Fax number or email address for the requesting county to send to and flag the "CSW Information/Consultation Call" notice with a note to the assigned CSW informing them of the CPH contact for obtaining the documents once they are received by CPH.
    • Make additional notifications as necessary to cover shift changes, etc.

CPH SCSW Responsibilities

  1. Review and approve the "CSW Information/Consultation Call" per existing procedures.
  2. Upon approval of the "CSW Information/Consultation Call" notice, assign or fax to the appropriate Regional Office or ERCP designated CWS/CMS "in-box".

CPH Receives a Notification Call from Juvenile Court Services (JCS) that a Hearing to Resume Jurisdiction on a Nonminor has been Set

CPH CSW Responsibilities

  1. Complete the "CSW Information/Consultation Call" notice with the basic required information and check:
    • Re-Entry box
    • "Standard" box for response time
    • "Closed" box
  2. Enter the:
    • State ID#
    • Court#
    • Date
    • Time In/Out
    • Screener and Caller Name
  3. Include the following in the Information/Consultation Requested/Provided by Caller section:
    • Re-entry youth's name
    • DOB/Age
    • Address/Location
    • Phone Number
  4. Mark "No" for Mandated Reporter and Referral.

CPH SCSW Responsibilities

  1. Review and approve the "CSW Information/Consultation Call" notice per existing procedures.
  2. Upon approval of the "CSW Information/Consultation Call" notice, fax to the appropriate Regional Office.

Regional Office Receives a "CSW Information/Consultation Call" Notice

Regional Office County Office Administrator (COA) Responsibilities

  1. Re-open the closed case form which the youth exited using the existing case suspension functionality.
  2. Select the suspension reason that reflects the NMD's legal status.
  3. NMD Re-entry as 300
    • A former dependent who exited as a WIC 300
  4. NMD Re-entry as a 450
    • A youth who was a WIC 602 delinquent or was a 602 and made a WIC 450 NMD prior to exit.
  5. Nonminor Non-related Legal Guardianship Re-Entry (not originally created in Probate Court)
    • A nonminor who existed from a juvenile court-created nonrelated legal guardianship and returns to that nonrelated guardian's home.  Minor is not eligible to re-enter as a court NMD as if they were not in foster care on their 18th birthday.
  6. Follow the steps outlined in FYI 12-39, CWS/CMS 6.7 Code Drop Summary for detailed instructions on reopening a closed case.
    • When a youth in a legal guardianship is re-entering, the county who closed the case can reopen it. If the youth is returning to the jurisdiction of a different county, a new case will need to be created using the existing client information. A county cannot re-open the closed case if the client is a focus child in another active case.
    • For an adopted youth who re-enters, use a new Client Notebook using his/her adoptive name. The information associated to the youth’s former Client Notebook should not be linked to the new Client Notebook. A new case without a referral will need to be created.

Case-Carrying CSW Responsibilities

  1. If the notice is flagged as a "Standard" response time, immediately contact the re-entry youth and schedule an appointment to take place within one (1) business day.
  2. If the notice is flagged with as a "Homeless Crisis" response time, go to the youth's location within two (2) hours of receipt of notice.
  3. Meet with the youth and verify EFC/NRLG Extended Benefits eligibility.
  4. As needed, consult with the assigned eligibility worker to determine if payments are still being received by the legal guardian(s) or adoptive parent(s).
  5. If payments are no longer being issued, continue with reentry proceedings as appropriate.
  6. If payments are still being issued, promptly initiate an assessment by speaking with the legal guardian(s) or adoptive parent(s) regarding the allegations of lack of support, as applicable.
  7. Reasons for finding lack of ongoing support and care may include but not limited to:
    • Action or inaction by the legal guardian or adoptive parent that affects the young adult's physical safety such as denying them access to medical treatment, education, community resources, and shelter
    • Refusing access to the young adult’s property or preventing them from entering the home when there are no safety concerns
  8. Explore needed support or services as soon as possible with the goal, to the extent possible and if safe, of maintaining the guardianship or parental relationship and lifelong connections between the youth and the caregiver(s).
    • For adoption cases, Post-Adoption Services should be contacted for available and appropriate services and support.
  9. If youth is not eligible for EFC/NRLG Extended Benefits, refer them to the DCFS Youth Development Services (YDS) Program staff for assistance with ILP Follow-Up Services and other services.
  10. If the youth is eligible, and despite efforts made, the youth cannot be maintained under the legal guardianship or adoptive relationship, explain the EFC/NRLG extended benefits program and participation requirements.
  11. Obtain the youth's signature on the SOC 163.
  12. Sign the SOC 163
  13. Obtain SCSW signature
  14. Provide signed copy to the youth
  15. Place original in the DCFS case file Eligibility folder
  16. Submit a copy of the signed SOC 163 with a copy of the Termination of Jurisdiction Minute Order (does not apply to NRLG Re-entry Youth) attached to the TA/EW.
  17. Assist the youth in completing the FC 2 NM, SAWS 1, and EA 1, sign and obtain the youth's signature and submit to the TA/EW.
  18. Provide a singed copy of the FC 2 NM to the youth and place a copy in the Eligibility folder.
  19. Locate an appropriate placement for the youth based on their level of self-sufficiency and independence.  The placement must support the youth in meeting their TILP goals and maintaining EFC eligibility.
  20. If the youth is homeless, placement must be expedited.
  21. Provide reasonable assistance to the youth in arranging their move into the placement.
  22. Update the re-entry youth's TILP within sixty (60) days of signing the SOC 163.
  23. Complete the SOC 161  within thirty (30) days of completion of the updated TILP and provide the original SOC 161 to the TA/EW. 
  24. The SOC 161 must include the start date of the updated TILP.
  25. Place a copy in the DCFS case file.
  26. Provide a copy of the signed SOC 161 and TILP to the Re-Entry Youth.
  27. Ensure copies of the SOC 161, SOC 163, Case Plan, and TILP are attached to the WIC 388(e) EFC Re-Entry Hearing Report.

SCSW Responsibilities

  1. Approve and sign the SOC 161, SOC 163, TILP, and placement agreement.

DI CSW Responsibilities

  1. Consult with the Case-Carrying CSW, as needed.
  2. File a WIC 388(e) EFC Re-Entry Petition in the Dependency court requesting that the court resume jurisdiction over the re-entry youth's case.

DI SCSW Responsibilities

  1. Approve and sign the WIC 388(e) EFC Re-Entry Petition.

ERCP Receives a "Homeless Crisis" Response Time "CSW Information/Consultation Call" Notice

ERCP CSW Responsibilities

  1. Go to the youth's location, interview the youth, and verify re-entry eligibility.
  2. Obtain youth's signature on the SOC 163.
  3. Locate a placement or temporary placement shelter for the night.
  4. Transport the youth to placement.
  5. Ensure the "CSW Information/Consultation Call" notice is routed to the Regional Office the youth was assigned to when exiting foster care for Regional CSW Assignment and Follow-Up.
    • Provide the ERCP COA with a copy of the "CSW Information/Consultation Call" Notice and the name of the regional office it has been routed to.

Regional Office Receives a Follow-Up "Homeless Crisis" Response Time "CSW Information/Consultation Call" Notice

Case-Carrying CSW Responsibilities

  1. Immediately contact the youth and schedule an appointment to take place immediately if the youth is still homeless or within one (1) business day if the youth is no longer homeless.
    • If not contact information is available, go to the shelter location arranged by ERCP and meet with the youth.
  2. During the meeting:
  3. Verify the youth meets the EFC re-entry eligibility requirements.
  4. Transport the re-entry youth back to the regional office to initiate services.
  5. Follow the steps outlined in Regional Office Receives a "CSW Information/Consultation Call" Notice.

SCSW Responsibilities

  1. Approve and sign the SOC 161, SOC 163, TILP, and Placement agreement.

DI CSW Responsibilities

  1. Consult with the Case-Carrying CSW, as needed.
  2. File a WIC 388(e) EFC Re-Entry Petition in the Dependency court requesting that the court resume jurisdiction over the re-entry youth's case.

DI SCSW Responsibilities

  1. Approve and sign the WIC 388(e) EFC Re-Entry Petition.

Regional Office Receives a "CSW Information/Consultation Call" Notice Regarding a Youth Who Resides In or Whose Jurisdiction is Held by Another California County

Case-Carrying CSW Responsibilities

  1. If the re-entry youth resides in an adjacent county, follow the steps outlined in Regional Office Receives a "CSW Information/Consultation Call" Notice.
  2. If the re-entry youth resides in a non-adjacent county that provides courtesy supervision:
  3. Contact the county of residence AB12 Re-Entry Contact and request the county assess the circumstances of the youth's request for placement and to assist the youth with completion of the forms required for re-entry (SAWS1, FC 2 NM, EA 1, SOC 163, SOC 158A).
  4. Upon receipt of the completed forms, sign and provide to the TA/EW and retain a copy for the case file.
  5. Fax or scan, for email, the signed SOC 163 and send to the county of residence.
  6. If the re-entry youth resides in a non-adjacent county that does not provide courtesy supervision:
  7. Due to the distance between the county of residence and the assigned office, the response time has been extended to within one (1) week. 
    • In a Homeless Crisis situation, the youth should be referred to emergency shelter and services provided by the county of residence.
  8. Follow the steps outline in Regional Office Receives a "CSW Information/Consultation Call" Notice.
  9. If the re-entry youth resides in L.A. County and jurisdiction is held by another CA County who we do not provide courtesy supervision for:
  10. Immediately contact the re-entry youth and schedule an appointment to take place within one (1) business day.
  11. Meet with the re-entry youth and assist them in determining the county of jurisdiction and allow the youth to phone the "point-of-contact" in the county of jurisdiction in order to begin the application process. 
  12. Provide the youth with blank copies of the SAWS 1, FC 2 NM, EA 1, and SOC 163 for submission to the county of jurisdiction.
  13. If the re-entry youth resides in L.A. County and jurisdiction is held by another CA county who we do provide courtesy supervision for:
  14. Follow the steps outlined in Regional Office Receives a "CSW Information/Consultation Call" Notice.
  15. Contact the county of jurisdiction courtesy supervision "point-of-contact"
  16. Provide an assessment of the circumstances of the youth's request for placement
  17. Send the following completed and signed re-entry forms: SAWS 1, FC 2 NM, EA1, SOC 158 A, and SOC163.

JCS Receives a Dependency Court Order for a WIC 388(e) EFC Re-Entry Response Report

JCS Responsibilities

  1. Locate the re-entry youth's case in CWS/CMS.
  2. If the case has already been reopened, forward the court packet to the assigned regional office AB 12 unit.
  3. If the case has not been reopened:
  4. Send the court packet to the AB 12 unit in the regional office the youth was assigned to when exiting foster care
  5. Call the CPH.
    • Provide the information needed for completion of the "CSW Information/Consultation Call" notice.
    • Advise that the case needs to be reopened and assigned to the regional office JCS sent the court packet to.
APPROVALS

JCS SCSW

  • Assignment of DI packet to regional office DI unit

CPH SCSW

  • "CSW Information/Consultation Call" Notice

SCSW

  • EA 1
  • FC 2 NM
  • Placement Authorization
  • SAWS 1
  • SOC 158A
  • SOC 161
  • SOC 163
  • TILP
HELPFUL LINKS

Attachments

Definitions of the 5 EFC Participation Conditions

Forms

CWS/CMS

DCFS 280, Technical Assistance Action Request
JV 464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care
JV 468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care
SAWS 1
SOC 161 , Six-Month Certification of Extended Foster Care Participation
SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care

REFERENCED POLICY GUIDES

0050-502.10, Child Protection Hotline (CPH)
0100-525.10, Interstate Compact on the Placement of Children (ICPC)
0100-535.25, Extended Foster Care
0100-510.46, Out-of-County Placements
0200-510.00, Postadoption Services
0300-503.41, WIC 388 Petitions: Response Report
1000-504.75, Intercounty Transfer (ICT)

STATUTES AND OTHER MANDATES

All County Information Notice (ACIN) No. I-40-11 – Provides Program Information Regarding Assembly Bill 12 and the Extension of Foster Care to age 20

ACIN No. I-76-15E – Provides further clarification on the population eligible to return to foster care, including those who would have otherwise been eligible for extended AAP and Kin-GAP benefits, but whose parent or guardian has died or failed to support the youth.

All County Letter (ACL) 11-61 – Extended Foster Care (EFC)

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 11-85 – Extension of Foster Care Beyond Age 18: Part Three (Probation)

ACL 12-12 – Re-Entry Into Extended Foster Care (EFC)

ACL 12-48 – Extended Benefits for Nonminors Living with Current or Former Non-Related Legal Guardians (NRLG)

ACL 13-91 – After Eighteen (18) Program and Indian Nonminor Dependents (NMDs) Covered by the Indian Child Welfare Act (ICWA)

ACL 14-33 – Nonminor Dependents (NMDs) Placed Out of State

ACL 19-31 – Re-entry of Eligible Nonminors to EFC When Adoptive Parent(s) or Former Legal Guardian(s) No Longer Provide Support

California Rule of Court 5.906 – States that nonminor’s can request for the juvenile court to resume jurisdiction.

Welfare and Institution Code (WIC) 303 – Creates automatic general jurisdiction of a nonminor dependent when the juvenile court terminates dependency, transition, or delinquency jurisdiction.  This allows the nonminor to petition the court, under section 388(e), for a hearing to resume the dependency jurisdiction of the court.

WIC 366.3 – Sets forth the required content for the report for the review hearing that occurs in the six-month period prior to the minor attaining 18 years of age, and at every subsequent review hearing.  Describes that the court shall conduct the hearing in a manner that respects the nonminor dependent's status as a legal adult and what the hearing should focus on.

WIC 366.31 – Sets forth requirements with respect to a nonminor dependent including the court's authority to continue jurisdiction over the nonminor as a dependent of the juvenile court or to dismiss dependency jurisdiction pursuant to WIC 391 and retain general jurisdiction over the youth pursuant to WIC 303 allowing the nonminor who has not attained 21 years of age to subsequently file a petition to have dependency jurisdiction resumed.

WIC 388(e) – Sets forth the requirement for resuming juvenile court jurisdiction over nonminors for whom the court dismissed dependency, transition, or delinquency jurisdiction but who have been retained under general jurisdiction per WIC 303.  This includes all time frames for submission of petitions, hearing dates, court reports, findings and orders.  Describes circumstances under which the nonminor dependent must agree to a background check pursuant to WIC 16504.5.  Includes time frames for court hearing, creation of an update TILP/Case Plan and submission to court.

WIC 388.1 – Sets forth who may petition the court for re-entry, including nonminors under Kin-GAP and AAP.

WIC 11400(v) – Defines a nonminor dependent as 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 and has satisfied eligibility criteria.

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

WIC 16501.1(c) - Sets forth required placement consideration for NMDs including required considerations prior to a group home placement.  Lists required case plan and placement documentation.

WIC 16501.1(f)(16)(A) – Sets forth case plan requirements for a nonminor dependent.