Kinship Guardianship Assistance Payment (Kin-GAP) Program
0100-520.35 | Revision Date: 7/29/2025
Overview
This policy guide provides guidelines around the Kinship Guardianship Assistance Payment (Kin-GAP) Program, including eligibility requirements, rates and benefits information.
This policy guide has been updated from the 04/20/2016 version to include information on Federal and State financial determination, an update on the definition of a relative for Federal Kin-GAP, and information on cases that are not suitable for Kin-GAP. This version also includes procedural updates for earlier submission of the Kin-GAP referral packet to ensure prompt payment and to prevent overpayment. The Kin-GAP Referral Checklist attachment is included, which is an updated list of all required documents needed to initiate Kin-GAP payment.
POLICY
Kin-GAP Program
The Kinship Guardianship Assistance Payment (Kin-GAP) program is a permanency option for children in long-term placement with traditional or fictive relatives (as defined by State or Federal Kin-GAP), which provide a monthly payment to the relative guardian. This policy explains the requirements for the program and instructions for enrollment.
Federal or State (Non-Federal) Determination
Federal or State determination for financial participation is completed by the Foster Care Eligibility Worker (EW) within forty-five (45) days of when a child is initially placed in out of home care. Determination criteria and information can be found on Initial Determination for Financial Participation.
Redetermination of Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility occur annually or whenever the eligibility status changes. Additional information on redetermination can be found on Redetermination of AFDC-FC Eligibility.
The case’s Federal or State determination is documented by the assigned EW on CWS/CMS in the “green” Case Management Services folder under “Case Notes”.
Definition of Relative for Federal Kin-GAP
California took advantage of federal flexibility in allowing states to broadly define relatives for federal Kin-GAP purposes and amended Welfare and Institutions Code (WIC) section 11391(c), to define a "relative" as any of the following:
An adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, step-siblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand" or the spouse of any of those persons even if the marriage was terminated by death or dissolution.
An adult who meets the definition of an approved, nonrelated extended family member (NREFM), as described in WIC Section 362.7.
An adult who is the current foster parent of a child under the juvenile court's jurisdiction, who has established a significant and family-like relationship with the child, and the child and the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to WIC Section 10553.1 identify this adult as the child's permanent connection.
An adult who meets the definition of an extended family member as described in Section 1903 of the Federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
Definition of Relative for State Kin-GAP
Number (1) above is the "traditional" relative or kin, and is the only applicable definition of a relative who qualifies for State Kin-GAP eligibility. Numbers (2), (3), (4) and (5) are termed "fictive" relative or kin by the State, and only meet the definition of a “relative” under the Federal Kin-GAP program.
Definition of an Approved Home of a Prospective Relative Guardian
The home of a relative who has been approved as a resource family home pursuant to WIC 16519.5 or HSC 1517.
This applies to State and Federal Kin-GAP eligibility.
The home of a relative who has been approved as a tribally approved home, as defined at WIC 224.1(r).
This applies to State and Federal Kin-GAP eligibility.
The home of a relative who has been assessed pursuant to WIC 361.3(a)and WIC 361.4 and into which the juvenile court has authorized placement.
This applies to State Kin-GAP eligibility only.
Recommending Kin-GAP
The decision to recommend Kin-GAP is based on the best interests of the child and the relative's ability and willingness to provide a permanent home for the child. As each family's situation is unique, the decision regarding a child's permanent plan must include a documented assessment by the case-carrying CSW and the Adoption Division CSW who completed the most recent and up-to-date Concurrent Planning Assessment (CPA). Mutual agreement must exist between DCFS and the relative caregiver that Kin-GAP is the appropriate permanent plan and a prospective relative legal guardian must be adequately informed about legal guardianship and Kin-GAP prior to the legal guardianship being established. The provision of, discussion about and completion of the SOC 369, Agency Relative Guardianship Disclosure, SOC 369A, Kinship Guardianship Assistance Payment (Kin-GAP) Program Amendment Agreement satisfy this mandate.
For Federal Kin-GAP eligibility, WIC 11387(a) requires that the SOC 369 and SOC 369A forms (as a means to satisfy the kinship guardianship assistance agreement requirement) be completed prior to establishment of the guardianship. For State Kin-GAP eligibility, WIC 11364(a) also requires the completion of the SOC 369 and SOC 369A forms, but does not establish a timeline for when these forms need to be completed. It is best practice for the CSW to submit the SOC 369 and SOC 369A prior to the establishment of the guardianship, as outlined on step three (3) of the procedural section Evaluating the Appropriateness of Kin-GAP, regardless of whether the case meets Federal or State Kin-GAP eligibility. This will allow the Kin-GAP eligibility section to ensure proper completion of the forms, to ensure all eligibility requirements are met, and to prevent overpayment.
For traditional relatives (Federal and State Kin-GAP), if DCFS fails to obtain a written binding agreement prior to the establishment of the guardianship and the child still meets all other eligibility criteria, the child is only eligible for State funded Kin-GAP.
For fictive relatives (Federal Kin-GAP only), if DCFS fails to obtain a written binding agreement prior to establishment of guardianship, regardless of whether the child meets all other eligibility criteria, the guardian will not be eligible for Kin-GAP at all.
In addition, if the plan is for kinship guardianship, the case plan must document how the child meets the kinship guardianship eligibility requirements, per WIC 16501.1.
Before recommending Kin-GAP guardianship and termination of jurisdiction, CSWs must ensure that all of the following are satisfied:
The biennial Resource Family Approval (RFA) home assessment of the relative caregiver's home is up to date. If it has expired, a reassessment must be completed prior to terminating jurisdiction and granting guardianship to ensure that the caregiver will be eligible for Kin-GAP and it will not be an obstacle during reassessment.
The youth has a Certified Birth Certificate. This is provided to the youth and/or the prospective relative legal guardian before closing the case.
The CSW must document when and how a Certified Birth Certificate was given to the youth and/or the prospective relative legal guardian in the Contact Notebook and in the termination of jurisdiction case plan/court report.
Termination of a child's dependency status under Kin-GAP may affect the child's eligibility under the AFDC-FC program and may impact the relative caregiver's economic status. Prior to the relative caregiver's decision to proceed with termination of the court's jurisdiction, the CSW should advise the relative caregiver of the possible financial impact of this decision.
The relative caregiver understands that there will be no CSW or court involvement in the child's life once Kin-GAP is established and juvenile court dependency is terminated, absent the filing of a motion under WIC 388.
The relative caregiver is advised to attend the Kin-GAP orientation offered through the Los Angeles Community Colleges before juvenile court dependency is terminated.
The CSW should also inform the relative caregiver about supportive services such as support groups, training and conferences, education and financial assistance, counseling, mental health and health assessment referrals available through Kinship Support Services.
The relative caregiver is informed that, going forward, whenever there is a change in the child's needs, Kinship Support Services may provide assistance with information on services, legal options and referrals.
The Adoption Division CSW, as part of the process of completing the Concurrent Planning Assessment (CPA) must inform the prospective permanent caregiver regarding:
The permanency options of Legal Guardianship and Adoption;
Differences in legal rights and responsibilities of all options;
The long-term benefits and consequences of Kin-GAP compared to Adoption Assistance Program (AAP); and
The DCFS 5620, Comparison of Legal and Financial Benefits of Adoption, Legal Guardianship and Planned Permanent Living Arrangement.
CSW must consult with a Supervising Children’s Social Worker (SCSW) if the CSW or the relative caregiver is unsure if the Kin-GAP recommendation is appropriate.
Kin-GAP Eligibility
In order to qualify for either the Federal or State funded Kin-GAP programs a child must meet all of the following five criteria:
The child/youth
Has not reached the age of eighteen (18);
Has reached the age of 18, and is under the age of 19, and meets the secondary education completion requirements (“High School Completion Rule”) pursuant to WIC section 11403.01; or
Has reached the age of 18 but has not reached age 21, and has a physical or mental disability that warrants the continuation of assistance; or
Has reached the age of 18 but has not reached age 21, and had reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and they meet at least one of the requirements under WIC 11403(b)
Have been removed from the parental home pursuant to a voluntary placement agreement or as a result of a judicial determination, including being adjudged a dependent child of the juvenile court pursuant to WIC section 300 or a ward of the juvenile court pursuant to WIC section 601 or WIC 602, to the effect that the continuation in the home would be contrary to the welfare of the child; and
Additionally, there must be a written, binding agreement entered into by the relative caregiver and the county welfare agency, probation department, or Title IV-E agreement tribal agency. For Federal Kin-GAP, this agreement must be signed prior to the establishment of the relative legal guardianship; and
There must be a kinship guardianship established pursuant to WIC 360, 366.26 or 728(d) and dependency dismissed pursuant to WIC 366.3 or wardship terminated pursuant to WIC 728(e) concurrently or subsequently to the establishment of the kinship guardianship.
DCFS must document in the assessment/guardianship study, pursuant to WIC 366.21, WIC 366.22(c),366.25(b), or WIC 361.5(g), all of the following:
Current search efforts for an absent parent or parents or legal guardian(s) and notification of a noncustodial parent
A review of the amount of and nature of any contact between the child and their parents or legal guardians and other members of their extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purpose of this subparagraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles.
An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status.
A preliminary assessment of the eligibility and commitment of any identified legal guardian, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in WIC 361.3(a) and 361.4.
Being returned home or placed for adoption are not appropriate permanency options for the child;
The relationship of the child to any identified prospective legal guardian, the duration and character of the relationship [per WIC 361.5(g)(1)(E)], the degree of attachment of the child to the prospective relative guardian;
The relative guardian has a strong commitment to caring permanently for the child, the motivation for seeking guardianship; and,
A statement from the child concerning placement and guardianship, an whether a child who has attained twelve (12) years of age has been consulted regarding the kinship guardianship arrangement.
State Kin-GAP Payment/Benefits Beyond Age 18
A former dependent child or ward of the juvenile court who reached sixteen (16) years of age before the Kin-GAP payments were commenced is eligible for extended Kin-GAP payments and benefits beyond eighteen (18) years of age if the youth signs the KG1, Kin-GAP Mutual Agreement for 18 Years Oldand meets one or more of the following conditions:
Completing high school or equivalent program (GED); or
Enrolled in college, community college or a vocational program; or
Participating in a program to remove barriers to employment; or
Employed for at least 80 hours per month; or
Unable to do one of the above requirements, due to a medical condition.
See Kinship Supportive Services, for more information on the Kin-GAP age extension and reassessment process and for more information on the age extension for nonminor dependents.
See the Extended Foster Care: Re-Entry policy, for more information on how a former dependent under Kin-GAP whose former guardian(s) died, or no longer provide ongoing support to, and no longer receive payment on behalf of the nonminor [WIC 388.1(c)(1)(B)(ii)] after the nonminor attained eighteen (18) years of age, but before the age of twenty-one (21) may re-enter dependency and participate in the Extended Foster Care Program.
Federal Kin-GAP Payments/Benefits Beyond Age 18
When a federally eligible child/youth enters the Kin-GAP Program with a legal guardian who is a fictive relative, the child's eligibility for benefits is similar to that of a child/youth who enters a guardianship with a traditional relative. Specifically:
If the child/youth has a medical or mental health condition that warrants the continuation of assistance, the child/youth is eligible to continue federal Kin-GAP benefits up to age 21, regardless of the age of the child at the time the negotiated agreement became effective.
If the child/youth was over the age of sixteen (16) when the negotiated agreement payments commenced [WIC 11386(h)] became effective, the child/youth is eligible for federal Kin-GAP benefits up to age twnety-one (21), if they meet at least one of the continued participation criteria.
If a child was under the age of sixteen (16) when the negotiated agreement was effective and does not have a medical or mental health condition, the child is eligible to receive federal Kin-GAP benefits until the child/youth turns 18-years-old. Upon turning 18-years-old, this youth loses eligibility for federal Kin-GAP but is eligible to receive non-federal AFDC-FC benefits up to age twnety-one (21), assuming the legal guardian continues to be responsible for the support of the youth and the youth is meeting at least one of the continued participation criteria. This section applies only to a youth who was in receipt of federal Kin-GAP upon reaching the age of 18-years-old and whose legal guardianship was established by the juvenile court with a fictive relative.
The following circumstances do not meet eligibility for Kin-GAP (either State or Federal Kin-Gap) due to the Federal definition of "fictive" relatives, per All County Letter (ACL) 14-28:
When the foster care eligibility determination is State-funded, then it will still be State-funded Kin-Gap. Therefore, “fictive” relatives are ineligible for State-funded Kin-Gap, as only Federal Kin-Gap extends the definition of a relative to include “fictive” relatives.
Legal guardianship was established prior to 01/01/2014. Guardianships established prior to this date are not eligible for Kin-Gap under “fictive” status.
Sibling Eligibility
The Federal Kin-GAP program provides that the responsible agency and relative may agree that any sibling(s) of the existing Title IV-E (Federal) Kin-GAP eligible child may be placed in the same kinship guardianship arrangement and that such arrangement for the sibling(s) is appropriate. Upon reaching this agreement, the agency may make Federal Kin-GAP payments pursuant to a kinship guardianship agreement on behalf of each sibling of a Title IV-E eligible child who is placed with the same relative under the same kinship guardianship arrangement regardless of the Title IV-E eligibility status of the siblings as long as one child is Title IV-E eligible (WIC Section 11388). There is no requirement that the siblings be placed simultaneously. This eligibility guideline means a child related to the identified Kin-GAP eligible child by blood, adoption, or affinity through a common legal or biological parent, and is inclusive of step-siblings, half-siblings and adoptive siblings of the eligible child.
The sibling eligibility rule only applies to Title IV-E (Federal) Kin-Gap eligibility. There is no such sibling eligibility rule where only State Kin-GAP eligibility applies.
Income
For both the state and federally funded Kin-GAP Programs, AB 12 applies the exemption for earned income of a dependent child or ward meeting specified conditions set forth in WIC Section 11008.15. For a child who doesn't meet these conditions, earned and unearned income is to be offset against the amount of the negotiated Kin-GAP payment. Supplemental Security Income (SSI) benefits received by the youth are subject to offset rules that vary according to whether the youth is receiving state or Federal Kin-GAP benefits. The relative must be advised to consult with the SSA office to get information on how SSI benefits may be affected by the child’s change of status in order to make an informed decision. Staff and families may consult with the Kin-GAP Unit if issues arise regarding a child's income. The income of the child's parents, Kin-GAP guardian, or any other relative living in the household is not to be used to determine the child's Kin-GAP eligibility.
The United States Department of Housing and Urban Development has determined that Kin-GAP payments will not be considered as annual income for all initial certifications and annual re-certifications, for purposes of Section 8 Housing income eligibility.
Assets
A child receiving Kin-GAP benefits may retain up to $10,000 in cash savings, including interest. This also applies to children participating in a transitional independent living case plan. The WIC Sections 11257 and 11257.5 continue to apply to the state funded Kin-GAP Program. Under these sections, other assets belonging to the child may also be exempt from consideration when establishing eligibility for state funded Kin-GAP benefits. Consult as needed with the Kin-GAP Unit if there are potential issues regarding a child's assets. These criteria apply to both Federal and State Kin-Gap eligibility, per ACL 11-15.
Children under Voluntary Placement Agreement with a Relative
For a child under a voluntary placement agreement with a relative, once a petition is filed and the court finds both that the child fulfills the requirements of WIC 300 and the parent is not interested in family maintenance or family reunification services and has executed a written waiver of any of those services, the CSW may ask the court to issue letters of guardianship and to close the case under the Kin-GAP program in lieu of or in addition to adjudicating the case if:
The child has been in the care of an approved relative caregiver for six (6) consecutive months under a voluntary placement agreement, and
The child otherwise meets the conditions for the Kin Gap program, and
It is in the best interest of the child, and
The parent and child agree to the guardianship, and
An assessment as specific in WIC 361.5(g) is read and considered by the court.
The specific requirements above must be stated in the court report. These criteria apply to both Federal and State Kin-Gap eligibility, per ACL 11-15.
Kin-GAP Payment Rates and Benefits
Kin-GAP payments are based on the child's needs otherwise covered in AFDC-FC payments (minus any non-exempt income) and the circumstances of the relative guardian. Payments cannot exceed the foster care maintenance payment that would have been paid based on the age-related state-approved foster family home care rate and any applicable Specialized Care Increment (SCI) for a child placed in a licensed or approved family home.
Kin-GAP recipients where juvenile dependency was dismissed prior to January 1, 2017 are automatically eligible for age-related increases. Once the case has entered the Kin-GAP program, a reassessment is required at least every two years. If the needs of the child or circumstances of the relative guardian change, DCFS and the relative guardian may negotiate an adjusted payment of benefits more frequently than every two years. See Kinship Supportive Services for more information on the reassessment process. This applies to both Federal and State Kin-Gap cases, per ACL 11-15.
Kin-GAP legal guardians are not eligible for the DCFS childcare subsidy. When the case enters Kin-GAP the childcare subsidy expires after the current certification period. As needed, CSWs should assist the caregiver in identifying alternative childcare resources in the community and/or through DPSS.
Level of Care/Specialized Care Increment (SCI) Eligibility
Every child/youth who receives a LOC rate determination will also be assessed for an SCI rate concurrently. If it is determined that the SCI rate criteria is met, they will receive an SCI rate in addition to the LOC rate. For additional information, refer to Level of Care (LOC) and Specialized Care Increment (SCI) Rate Determinations / Re-determinations. D-Rates and F-Rates only apply to those cases in which legal guardianship was established prior to 01/01/2017.
Dual Agency Rate Eligibility
A child who is a consumer of regional center services who also receives Kin- GAP payment and benefits may be eligible for a dual agency rate and the supplemental rate for extraordinary care and supervision in accordance with WIC 11464. DCFS will pay the higher of LOC rate or Dual Agency rate.
Whole Family Foster Home/Teen Parent
For a Kin-GAP youth who is a teen parent and has a child living in the same home, in addition to the infant supplement, the Kin-GAP rate will include the $200 monthly payment provided to a relative guardian in a "whole family foster home." The shared responsibility plan requirements do not apply. The youth may consult with DPSS to determine if CalWORKs benefits for the child may be an option.
Clothing Allowance
All children receiving Kin-GAP payment and benefits are entitled to the annual state supplemental clothing allowance which will be paid in accordance with the county's clothing allowance plans and payment structure.
Independent Living Services (ILP)
The Kin-GAP child remains eligible for ILP services when they attain age sixteen (16) and when the youth and/or the caregiver requests for such services, and as long as Kin-GAP funding is still in place. However, the youth will not be eligible for the Chafee Educational/Training Voucher, unless the youth remains in foster care until age sixteen (16) prior to the transfer to Kin-GAP. Additionally, the child will not be eligible for the Transitional Housing Program or the Transitional Housing Program Plus. For closed cases that are only open for Kin-GAP funding, ILP services must be documented by the Youth Development Services (YDS) staff. For youth living out-of-state, the CSW (if there is one) and/or the youth/legal guardian may consult with YDS and/or that state's child welfare agency for available resources.
Medi-Cal
A child determined to be eligible for Title IV-E Kin-GAP is eligible (Federal) for Medicaid in the state where the child resides. A child receiving non-Title IV-E or state-funded Kin-GAP is eligible for California Medi-Cal as long as the child is eligible for the Kin-GAP payment and is a resident of California in accordance with residency requirements pursuant to Title 22, California Code of Regulations (CCR) section 50320. Prior to the termination of a Kin-GAP payment (either Title IV-E or state funded Kin-GAP), counties must immediately complete a re-determination to re-evaluate eligibility of the child for all Medi-Cal programs in accordance with WIC Section 14005.37. Recipients moving or living out-of-state should be made aware of the availability of medical benefits. State-only eligible Kin-GAP recipients may not receive Federal Medicaid if the new state of residence does not have reciprocity with California.
Reimbursement for Nonrecurring Kin-GAP Expenses
Per ACL 14-19, a relative who had a kinship guardianship established on or after January 1, 2012, is eligible to be reimbursed for reasonable and verified nonrecurring expenses associated with obtaining the legal guardianship assuming all other Kin-GAP eligibility conditions have been met. All costs associated with the reimbursement must have occurred prior to the court's granting the guardianship. Reimbursement shall not exceed $2,000 (two-thousand dollars). Examples of reasonable and verified expenses that may be eligible for reimbursement include, but are not limited to:
Transportation costs for attending the hearing(s) associated with obtaining the legal guardianship, including mileage and parking. Transportation costs to bring the dependent child to the hearing(s) are already part of the foster care maintenance payment and should not be included.
Cost of lodging and food for the prospective legal guardian to attend the hearing.
Documented out-of-pocket attorney's fees associated with obtaining the legal guardianship.
Out-of-County Kin-GAP Placements
The county that formerly had court-ordered jurisdiction of the child is responsible for paying the child's Kin-GAP benefits regardless of where the child actually resides. If the child resides outside the financially responsible county:
The Kin-GAP rate will be based on either:
The host county, or
The rate of the county which had court-ordered jurisdiction over the legal guardianship, if the host county rate cannot be paid.
The host county is defined as where the child resides.
If the child is eligible for a specialized care rate, the county with payment responsibility pays the host county's specialized care rate or its own specialized care rate if the host county has no specialized care system.
Out-of–State Kin-GAP Placements
Under both the State and Federally funded programs, Kin-GAP payment/benefits continue regardless of the State in which the relative guardian and child reside. The payment will be based on the host State's rate, or the rate of the County/State which had court-ordered jurisdiction over the legal guardianship if it is determined that the host state rate cannot be paid. If the child is eligible for a specialized care rate, the County with payment responsibility pays the host County's specialized care rate or its own specialized care rate if the host county has no specialized care system.
A child who is under the jurisdiction of the California juvenile court system and is placed with an out-of-state relative is eligible for the Kin-GAP Program, if all eligibility requirements are met.
A relative legal guardian does not need to have resided in California or have previously met California residency requirement for the case to be eligible for Kin-GAP payments and benefits.
Relative guardians must apply for Medicaid on behalf of the federally eligible child in the new state of residence. A Medicaid "COBRA" letter may be obtained from the Eligibility Unit to expedite the application process. Families moving out of California or the United States must be encouraged to research the applicable laws of the new state or country of residency to determine the impact the move will have on all other issues, including the ability to enroll the child in school, arrange for health coverage and accessibility to other appropriate services within California and access to other appropriate resources.
Successor Guardian in the Federal Kin-GAP Program
At the time of recommending Kin-GAP, the CSW should have a discussion with the relative caregiver regarding the selection of the proposed successor guardian. It is also encouraged to ask the kinship guardian to review the selection of the proposed successor guardian at the time of reassessment. The guardian is encouraged to have discussions with the individual identified regarding the individual's willingness and ability to be the successor guardian. The named successor guardian does not need to sign an agreement or become otherwise involved until the need to appoint a new successor guardian due to health or incapacity occurs, and they are willing to become the guardian. DCFS does not need to assess a successor guardian at the time they are named on the agreement. The assessment will begin when a request is made to appoint the successor guardian as a guardian.
The successor guardian does not have to be a relative or nonrelative extended family member (NREFM) to be eligible for Kin-GAP funding under the Federal law. Documentation of the relationship between the child and the proposed successor guardian, as required by WIC Section 11391(c), is not required for naming a successor guardian or for funding purposes, but it may be required for establishing the guardianship. Nothing in federal law precludes the kinship guardian from identifying more than one successor guardian.
To ensure eligibility is maintained for federally-funded Kin-GAP cases, it is strongly recommended that a successor guardian be named when executing the initial Kin-GAP agreement. If the current guardian is not able, or is unwilling, to identify a successor guardian at the time of initial agreement, a successor guardian may be subsequently named in an amendment to the agreement.
To request that a successor guardian be appointed as the guardian, the process can be started by filing a WIC 388 petition through juvenile dependency court. The name successor guardian and home must be assessed as required pursuant to WIC Section 11386(i). A new period of six (6) months of placement with the successor guardian is not required. However, the Kin-GAP payments cannot resume until the successor guardian meets all eligibility requirements. A new Kin-GAP agreement must be signed prior to the court's appointment of the successor guardian. ACL 15-66 provides additional information as to successor guardians.
Alternate or Co-Guardianships
At the time of recommending Kin-GAP, the CSW should have a discussion with the relative caregiver regarding co-guardianship. The caregiver must be informed that it is very important to plan ahead in order to avoid discontinuance of Kin-GAP payments if a new guardian is added. It is important to request the appointment of an alternate or co-guardian prior to termination of dependency jurisdiction and starting Kin-GAP.
If an alternate guardian or co-guardian is appointed pursuant to WIC 366.3 who is also a kinship guardian, the alternate or co-guardian is entitled to receive Kin-GAP on behalf of the child. A new period of six (6) months of placement with the alternate guardian or co-guardian is not required if that alternate guardian or co-guardian has been assessed pursuant to WIC 361.3 and WIC 361.4 and the court terminates dependency jurisdiction.
If the court has already terminated dependency jurisdiction and the case has entered Kin-GAP, the CSW (if it has not been filed by the guardian, new guardian or prospective co- guardian) will have to file a WIC 388 to appoint a new guardian or co-guardian. Under these circumstances the social worker must do the following:
Consult with the Revenue Enhancement Kin-GAP Manager and review the effect the filing of WIC 388 petition and reinstatement of court jurisdiction will have on the existing or new guardian's ability to receive AFDC-FC while the case is re-opened, as well as, resumption of the Kin-GAP payments, once the case is closed.
WIC 388 Petitions Involving Kin-GAP Cases
After the termination of dependency jurisdiction, any parent or person having an interest must file a WIC 388 petition with the juvenile court pursuant to Section 388 to change, modify, or set aside an order of the court.
Kin-GAP payments will continue unless the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under WIC 388.
Further, Region IX of the Administration for Children and Families has clarified that the Federal Financial Participation (FFP) in a Kin-GAP payment continues unless there is an interruption of the guardian's care, custody and control of the youth. Therefore, FFP continues unless any of the following juvenile court actions occur:
The placement and care responsibility is transferred from the guardian to the county.
The court orders that the child be removed from the guardian's home.
After the conclusion of the 388 hearing dependency jurisdiction is maintained.
The guardianship is terminated.
When Cases Are Not Suitable for Kin-GAP
Staff should consult with Revenue Enhancement’s Kin-GAP section (kingapintake@dcfs.lacounty.gov) regarding eligibility criteria prior to recommending Kin-GAP to the court. With very few exceptions, eligible Kin-GAP legal guardianship cases should be closed with Kin-GAP in place.
There may be times when a recommendation for Kin-GAP (State or Federal) may not be appropriate, which can include the following (not an all-exhaustive list):
NREFMs do not qualify for Kin-GAP at all if the case is only determined to be eligible for State financial participation.
All Kin-GAP eligibility requirements have not yet been meet, such as:
The child has not been with the relative for six (6) consecutive months.
There is a pending assessment for the dual agency rate and/or supplemental rate.
The child has special circumstances which could not previously be met through Kin-GAP, including the need for adjustment of immigration status.
An eligible caregiver requests that the case remain open for services.
Closing the case would create a hardship for the family if childcare is terminated.
The caregiver wants continued court/DCFS support for the child.
All efforts should be made to mitigate these issues, including providing necessary information and/or resources to the prospective Kin-GAP legal guardians, as needed.
If Kin-GAP eligibility issues cannot be resolved, but the prospective guardian still wants to pursue guardianship, DCFS must provide support. The most suitable permanency plan for the child must always be pursued. For additional information on guidelines and procedures for alternative permanent plans, refer to Concurrent Planning and the Concurrent Planning Assessment (CPA).
Before discussing the Kin-GAP program with the relative caregiver and/or recommending it as the alternative permanent plan, make sure that the child meets all the Kin-GAP eligibility criteria, and that it is the most appropriate plan for the child. Consult with the SCSW as necessary. This includes ensuring that:
If the child is undocumented (living in the US without lawful immigration status), refer to the DCFS Special Immigration Services (DCFS SIS) Unit at (323) 725-4679. Do not request termination of court dependency jurisdiction until instructed to do so.
Refer the child to a Regional Center to assess for dual agency rate, SCI rate (D-rate, F-rate) (for cases where guardianship was established prior to January 1st, 2017), Level of Care SCI rates (for guardianships established on or after 1/1/2017), and other applicable supplemental rate before the case enters into Kin-GAP.
If the child is under three (3) years old and is receiving services under the Early Start program and a dual agency rate, immediately request that a Regional Center to assess if the child has a qualifying disability to be eligible for Regional Center services after the child turns three years old. If the child has a qualifying disability entitling the child to Regional Center services under WIC 11464(c), ensure that the child is assessed for and receives the appropriate dual agency rate prior to the case going to Kin-GAP. See Dual Agency Rate for more information.
If the child is under three (3) years old and did not enter Kin-GAP, and if it is not feasible for the Regional Center to have a determination of the child's eligibility under the Lanterman Act within the next six (6) months, advise the guardian that the case may enter the Kin-GAP program with the current Early Start rate and that the rate may be re-negotiated at the re-determination or sooner upon his or her request if the child's circumstances and/or needs change (e.g. child has turned three (3) and/or a determination has been completed by the Regional Center).
If the child is receiving or potentially qualifies for a SCI Rate or Regional Center rate and the child has medical, physical and/or mental health issues, or the Regional Center assessment indicates that the child does not have qualifying disability to be eligible for continued Regional Center services, consult with the PHN for F-Rate Assessments (for guardianships that were established prior to January 1st, 2017),the Residential Care Liaison (RCL) Unit for D-Rate Assessments (for guardianships that were established prior to January 1st, 2017), and/or the Level of Care (LOC) section (for guardianships that were established on or after to January 1st, 2017), to determine if the child would be eligible for a SCI rate. Ensure that the child receives the applicable rate prior to the case entering Kin-GAP. Once the case enters Kin-GAP, the rate may be renegotiated at the redetermination or upon the guardian's request when the child's circumstances and needs change.
If the child is receiving Supplemental Security Income (SSI), inform the caregiver that SSI benefits may be affected depending on whether the youth is receiving state or federal Kin-GAP benefits. Advise the caregiver to contact the Social Security Administration (SSA) office to obtain more SSI-related information in order to make an informed decision, and if applicable, to subsequently report any change in resources/income per the SSA's mandatory reporting requirements. Assess if he or she would potentially qualify for a higher rate through SCI or Regional Center rate and make the applicable referrals to ensure that the child receives the appropriate rate.
If the answer(s) to the above questions indicate that Kin-GAP may be appropriate, take actions to refer the child for Kin-GAP.
Submit the Kin-GAP referral packet to Kin-GAP intake within 30 days of when the WIC §366.26 Hearing is set. This prevents the delay of the Kin-GAP process by ensuring that when the court orders Kin-GAP and terminates dependency jurisdiction, the funding can be put in place promptly. This also prevents funding overpayment.
For information and instructions on completing the CW 51 - Child Support - Good Cause Claim for Noncooperation for an initial Kin-GAP referral, please refer to Contacts with the Child Support Services Department.
The Kin-GAP Referral Checklist includes the completion submission of the SOC 369 and SOC 369A forms. These forms are required to be completed prior to establishment of the legal guardianship for Federal Kin-GAP eligibility. Best practice is for the forms to be completed and submitted to the Kin-GAP eligibility section within 30 days of when the WIC §366.26 Hearing is set for Federal and State Kin-GAP cases in order for the eligibility section to ensure proper completion of the forms, to ensure all eligibility requirements are met, and to prevent overpayment.
For traditional relatives (Federal and State Kin-GAP), if DCFS fails to obtain a written binding agreement prior to the establishment of the guardianship and the child still meets all other eligibility criteria, the child is only eligible for State funded Kin-GAP.
For fictive relatives (Federal Kin-GAP only), if DCFS fails to obtain a written binding agreement prior to establishment of guardianship, regardless of whether the child meets all other eligibility criteria, the guardian will not be eligible for Kin-GAP at all.
For additional support regarding the Kin-GAP referral process, the following resources are available:
The Kin-GAP Toolbox provides an array of resources related to the Kin-GAP referral process.
Placement episode should continue until court orders for Kin-GAP to be initiated and terminates dependency jurisdiction.
SCSW Responsibilities
Ensure that all the forms are completed correctly. If not, return them to the CSW for corrective action.
Relative Legal Guardianship is Ordered at WIC 366.26 Hearing
CSW Responsibilities
If the relative caregiver wishes to become the child's legal guardian and court dependency jurisdiction and child welfare services are no longer needed, ensure that there is Kin-GAP eligibility and all of the applicable required actions have been completed.
If the relative caregiver and/or youth (or Court) insists on proceeding with guardianship with continued dependency jurisdiction, consult with the Kin-GAP Unit as to the appropriate agreement to be completed prior to the establishment of guardianship, in order to ensure eligibility for Kin-GAP (Federal vs. State) in the future.
Prior to writing the WIC 336.26 report or referring the case to the DI for the writing of the WIC 366.26 report, discuss the legal and financial responsibilities of legal guardianship with the relative caregiver. If the child has income, resources and/or any other eligibility issues identified, consult with the Kin-GAP Unit prior to making a Kin-GAP recommendation to ensure that child meets eligibility criteria. See Writing the WIC 366.26 Hearing Report for more detailed information and instructions including the delineation of staff responsibilities related to the preparation and writing of the .26 report.
Thoroughly explain the Kin-GAP program, and give JV 350 to the relative caregiver.
Inform the caregiver that it is very important to plan ahead in order to avoid discontinuance of Kin-GAP payments if a new guardian is added. Explain that it is important to request the appointment of an alternate or co-guardian prior to termination of dependency jurisdiction and starting Kin-GAP
Complete and review the SOC 369 and SOC 369A with the relative. The SOC 369 and SOC 369A must be signed prior to establishing guardianship for Federal Kin-GAP eligibility. Instruct the caregiver to initial each section and sign the form.
When the caregiver identifies a successor guardianship, it must be documented and the individual named on page three of the SOC 369A at either the signing of the initial agreement or during any amendment to that agreement.
Complete, review and sign the KG4 Kinship Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expenses Agreement with the relative. The KG4 must be signed by the CSW and the prospective legal guardian prior to submission of the expense form (KG5) to submit a claim for payment. Keep a copy of the completed KG4 in the casefile.
Provide a blank KG5, Kinship Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expenses Form to the relative and explain that the appropriate documentation must be attached to the completed form and, if necessary, more than one KG5 form may be used.
Advise the relative that the completed and signed KG4 and KG5(s) and all supporting documentation (including copy of legal guardianship order) are to be submitted for reimbursement to: DCFS Fiscal Operations, 510 S. Vermont Ave. Los Angeles, CA 90020.
Obtain a completed KG2, Statement of Facts Supporting Eligibility for Kinship Guardianship Assistance Payment (Kin-GAP) Program, from the relative caregiver as this will facilitate the case's entry to Kin-GAP and the closure of the case.
Inform the relative that Kin-GAP benefits commence on the day after dependency jurisdiction is terminated.
Explain to the relative caregiver that the Kin-GAP start date may commence later depending on factors such as:
When the hearing takes place and whether court will grant guardianship and/or terminate jurisdiction at that hearing as anticipated
The date the Kin-GAP referral is sent and received by the Kin-GAP Unit
Whether all the necessary Kin-GAP paperwork has been received (including the KG2, etc.),
Explain that DCFS will coordinate the end of foster care payments with the start of Kin-GAP to ensure continuity of payments.
Provide the DI (if DI will be writing the WIC 366.26 report) with completed and signed SOC 369 and SOC 369A attached to the guardianship referral packet, and your efforts to inform the prospective guardian about Kin-GAP guardianship and that prospective guardian agrees with the plan. Legal guardianship will not be recommended without the completed and signed SOC 369 and SOC 369A for Federal Kin-GAP cases.
In the event the court establishes guardianship without the completed SOC 369 and SOC 369A, immediately consult with the Kin-GAP Unit to determine if alternative funding options may be available which may include state-funded Kin-GAP.
If making a "fictive relative" determination for a federally eligible Kin-GAP child/youth, document the relationship qualifiers in CWS/CMS Social Worker Case Notes, the court report or the approval documents as appropriate. Retain the determination documentation in the child/youth's case file.
Ensure that the youth and/or the prospective legal guardian has an original Certified Birth Certificate prior to case closure and document the fact in the Contact Notebook and in the termination of jurisdiction case plan/court report.
If it is in the best interest of the child and the recommended plan is legal guardianship, complete and submit a DCFS 4141, Request for Assignment of 26 DI, and attachments (i. e., SOC 369 and SOC 369A, CPA, and copy of the birth certificate) to the regional DI SCSW.
DCFS 4141 form can be generated from CWS/CMS, Case Management Section (Green button) Create New Document, under county-specific forms.
It is expected that a DI CSW will be assigned to the writing of all WIC 366.26 court reports recommending legal guardianship (Kin-GAP or non-relative) and adoptions. However, for cases from vertical case management sections that do not have DI CSW, the responsibilities assigned to a DI CSW are carried out by the case-carrying CSW.
Document in the assessment/guardianship study the following:
Current search efforts for an absent parent or parents or legal guardian(s) and notification of a noncustodial parent;
A review of the amount of and nature of any contact between the child and their parents or legal guardians and other members of their extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purpose of this subparagraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles;
An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status;
A preliminary assessment of the eligibility and commitment of any identified legal guardian, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in WIC 361.3(a) and 361.4;
Being returned home or placed for adoption are not appropriate permanency options for the child;
The relationship of the child to any identified prospective legal guardian, the duration and character of the relationship, and the degree of attachment of the child to the prospective relative guardian;
The relative guardian has a strong commitment to caring permanently for the child, the motivation for seeking guardianship; and,
A statement of the child concerning placement and the guardianship, and whether a child who has attained 12 years of age has been consulted regarding the kinship guardianship arrangement.
Discuss the Kin-GAP plan with the child's parent(s) and document the contact in the CWs/CMS Contact Notebook.
Within 72 hours, but no later than seven (7) days of receipt of the minute order granting guardianship and terminating dependency jurisdiction, submit the following documents to the Kin-GAP Intake Unit with a Foster Care Search System (FCSS) Automated 280, Technical Assistance Action Request (requesting to stop the placement and end the episode), to ensure that Kin-GAP benefits can start as soon as possible. This will help avoid using County funds (General Relief Ineligible), and to facilitate the closure of the case. The following documents need be included:
The WIC §366.26 Hearing Minute Order states:
“Guardianship is granted” and the relative “is hereby appointed guardian” of the child, and
“Jurisdiction is terminated for minor with Kin-GAP funding in place"
Guardianship Court Report (WIC 366.26)
Confirmation that the FCSS Automated 280 was submitted to stop the placement and end the episode.
Upon receipt of notification from the Kin-GAP Eligibility Worker, close the case using established procedures.
Placement Episode should be terminated with a Termination Reason Type of "Guardianship," and the CWS/CMS case should be closed with a Case Closure Reason Type of "Kin-GAP".
DI SCSW/SCSW Responsibilities
Ensure that all the forms are completed correctly. If not, return them to the CSW for corrective action.
DI SCSW will ensure that the SOC 369 and SOC 369A are included in the guardianship referral packet.
If not, immediately request these forms from the CSW and SCSW.
Approve the FCSS Automated 280 with the request to stop placement and end episode within seventy-two (72) hours of submission by the CSW (when court terminated jurisdiction with Kin-GAP in place).
A Child is Placed in "Another Planned Permanent Living Arrangement (APPLA) with a Relative or with a Fit and Willing Relative or with a Fit and Willing Relative
A placement identified as APPLA is a permanent plan for a youth age sixteen (16) and over in an out-of-home foster care placement when the options to return home, place with a relative, place for adoption, tribal customary adoption, or legal guardianship have been ruled out.
Placement with "a fit and willing relative" is an approved placement for a child of any age with a relative who is willing and capable of providing a stable and permanent home environment for the child, but is unable or unwilling to commit to legal permanence though adoption, tribal customary adoption, or legal guardianship at the time of the hearing.
Prior to the next status review report, discuss the legal and financial responsibilities of adoptions and legal guardianship/Kin-GAP with the relative caregiver.
If the relative caregiver does not wish to obtain legal guardianship or adopt, include the specific reasons in the next status review report including efforts made to achieve a more permanent plan.
If the relative caregiver wishes to become the child's legal guardian and if court jurisdiction and child welfare services are no longer needed, attach the completed and signed SOC 369 and SOC 369A to the DI referral and the court report prior to the WIC 366.26 hearing.
If making a "fictive relative" determination for a federally eligible Kin-GAP child/youth, document the relationship qualifiers in CWS/CMS Social Worker Case Notes, the court report or the approval documents as appropriate. Retain the determination documentation in the child/youth's case file.
If it is in the best interest of the child and the recommended plan is legal guardianship, complete and submit a DCFS 4141, Request for Assignment of 26 DI and attachments (i. e., SOC 369 and SOC 369A, CPA, and copy of the birth certificate) to the regional DI SCSW.
The form can be generated from CWS/CMS, Case Management Section (Green button) Create New Document, under county-specific forms.
Request that the court set the matter for a WIC 366.26 hearing at the next status review hearing.
If the relative caregiver and/or youth (or Court) insists on proceeding with guardianship with continued jurisdiction, consult with the Kin-GAP Unit as to the appropriate agreement to be completed prior to the establishment of guardianship, in order to ensure eligibility for Kin-GAP in the future.
Document in the assessment/guardianship study that:
Being returned home or placed for adoption are not appropriate permanency options for the child
The child demonstrates a strong attachment to the prospective relative guardian
The relative guardian has a strong commitment to caring permanently for the child; and, the child who has attained 12 years of age has been consulted regarding the kinship guardianship arrangement.
See Writing the WIC 366.26 Hearing Report for more detailed information and instructions including the delineation of staff responsibilities related to the preparation and writing of the .26 report.
SCSW Responsibilities
Review and ensure the DCFS 4141 and supporting documents are complete.
If not, return them to the CSW for corrective action.
The Court Previously Ordered Guardianship and Maintains Dependency Jurisdiction of a Child who Lives with a Relative Legal Guardian
When the court establishes guardianship and maintains jurisdiction of a child who lives with a relative legal guardian, staff should continue to make ongoing assessments of suitability for Kin-GAP payments and benefits.
CSW Responsibilities
Make an ongoing assessment of the suitability of Kin-GAP, including for out-of-State relative legal guardianship cases are now also eligible for Kin-GAP payments and benefits. Review the case to determine if court dependency jurisdiction and child welfare services remain in the best interest of the child.
If court dependency jurisdiction and child welfare services continue to be needed (e.g., the child has not been with the relative for six (6) consecutive months, there is a pending assessment for the dual agency rate and/or supplemental rate, the child has special circumstances which could not previously be met through Kin-GAP, including the need for adjustment of immigration status, or it would create a hardship for the family if childcare is terminated), provide any needed referrals and services to mitigate the reasons cited.
If applicable, request that the Regional Center complete an assessment to see if the child qualifies for the dual agency rate and/or supplement after turning three (3) years old.
Document such efforts and the results and if applicable, any continuing efforts to be made to achieve a more permanent plan.
Review the case with the SCSW.
Address and document the reason(s) for the caregiver not pursuing Kin-GAP, the need for continued court dependency jurisdiction, and child welfare services and any efforts made to achieve a more permanent plan in the next status review report.
If court dependency jurisdiction and child welfare services are no longer needed, ensure that there is Kin-GAP eligibility and all of the applicable required actions have been completed. Prior to making the Kin-GAP recommendation and termination of court dependency jurisdiction, consult with the Kin-GAP Unit to determine if the case will be eligible for Kin-GAP benefits with consideration to whether the SOC 369 and SOC 369A were completed prior to the establishment of the guardianship.
The Kin-GAP Unit will determine the funding options, which may include state-funded Kin-GAP benefits.
If the SOC 369 and SOC 369A forms were not signed prior to when the court established guardianship, the case will only be eligible for State Kin-GAP. The guardian must meet the State Kin-GAP definition of a relative, which does not include NREFMs.
If after consulting with the Kin-GAP Unit, it is determined that the case is eligible for Kin-GAP and the upcoming court hearing is scheduled for more than 60 days in advance, complete an Ex-Parte Application and Order and submit a walk-on request, as outlined Set-On/Walk-On Procedures.
Submit the court report with signed copy of the SOC 369 and SOC 369A.
Concurrent Planning Assessment CW 51 - Child Support – Good Cause Claim for Noncooperation DCFS 4141, Request for Assignment of 26 DI Guardianship Court Report (WIC 366.26) SOC 815, Approval of family Caregiver Form
LA Kids
FCSS Automated 280, Technical Assistance Action Request DCFS 1695, D Rate Indicators and Referral Form DCFS 1696, F-rate and Regional Center Rate Indicators DCFS 4141, Request for Assignment of 26 DI DCFS 4153, Juvenile Court Calendar Set-On Slip Dependency DCFS 5420 (Spanish), Verification of Relative Status DCFS 5620 (Spanish), Comparison of Legal and Financial Benefits of Adoption, Legal Guardianship and Planned Permanent Living Arrangement JV 350 (Spanish), Guardianship Pamphlet KG1 (Spanish), Kin-GAP Mutual Agreement for 18 Year Olds KG2 (Spanish), Statement of Facts Supporting Eligibility for Kinship Guardianship Assistance Payment (Kin-GAP) Program KG4, Kinship Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expenses Agreement KG5, Kinship Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expenses Form SOC 369 (Spanish), Agency Relative Guardianship Disclosure (via link to state forms) SOC 369A (Spanish), Kinship Guardianship Assistance Payment (Kin-GAP) Program Amendment Agreement SOC 835, Supplement to the Dual Agency Rate – Multiple Questionnaire Worksheet SOC 836, Supplement to the Rate Eligibility Form SOC 837, Supplement to the Rate Questionnaire
E050-0510, Non-County Welfare Department Eligibility Kinship Guardianship Assistance Payment (Kin-GAP) Program E080-0570, Initial Determination for Financial Participation Legal Guardian 0070-516.10, Assessing a Child's Development and Referring to and Collaborating with Regional Cente 0080-503.00, Contacts with the Child Support Services Department (CSSD) 0080-505.10, Transitional Independent Living Plan (TILP) 0080-507.20, Concurrent Planning and the Concurrent Planning Assessment (CPA) 0100-520.37, Kinship Supportive Services 0100-535.25, Extended Foster Care (EFC) Program 0100-535.65, Extended Foster Care: Re-Entry of Nonminor Former Dependents 0300-301.05, Filing Petitions 0300-503.41, WIC 388 Petitions: Response Report 0300-503.10, Writing the Jurisdictional/Dispositional Hearing Report 0300-503.20, Writing the WIC 366.26 Hearing Report 0900-506.10, Clothing Allowances 0900-511.12, Dual Agency Rate 0900-522.00, Level of Care (LOC) and Specialized Care Increment (SCI) Rate Determinations / Re-determinations 0900-522.10, Specialized Care Increment (SCI) – D-Rate 0900-522.11, Specialized Care Increment (SCI) – F-Rate 0900-523.10, Social Security(SS)/Supplemental Security Income (SSI) Benefits for Children in Car 1200-500.10, Vital Records (Birth, Death, Marriage and Divorce) 1200-500.86, Immigration Options for Undocumented Children and Families
ACL 14-28 (March 25, 2014) – Expansion of the definition of relative for the federal Kinship Guardianship Assistance Payment (Kin-GAP) program.
ACL 15-66 (September 28, 2015) - Provides information and instructions regarding provisions of the Federally-funded Kin-GAP Program when the current relative guardian is replaced with a successor guardian. Federal law now provides for the continuation of Title IV-E Kin-GAP eligibility if the relative guardian dies or is incapacitated and the successor legal guardian is named in the agreement (or any amendments to the agreement).
ACL 23-32 (March 24, 2023) - Provides clarification on how to properly document specific placements and locations of children, youth, and NMDs in court-specified placements and provides specific information for accurately entering this data into CWS/CMS.
Welfare and Institutions Code (WIC) Sections 361.5(g)(2)(A), 366.21(i)(2)(A) and 366.22(c)(2)(A) – State in part that a relative caregiver's preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
WIC Sections 361.5 (g)(2)(B) – States in part that a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption.
WIC Section 362.7 – expands the definition of a relative for the federal Kin-GAP program to include nonrelated extended family members.
WIC Sections 366.21(j) and 366.22(c) – States in part that if, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with a relative, and juvenile court dependency is subsequently dismissed, the relative shall be eligible for aid under the Kin-GAP program or the Kin-GAP Plus program, as provided for in Article 4.5 (commencing with Section 11360) and Article 4.75 (commencing with Section 11380) of Chapter 2 of Part 3 of Division 9.
WIC Sections 366.21(k) and 366.22(d) – States in part that as used in this section, "relative" means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, step siblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand," or the spouse of any of those persons even if the marriage was terminated by death or dissolution.
WIC Section 10553.1 – Describes agreements that may be made between the State of California and Indian tribes regarding the provision of child welfare services for Indian children.
WIC Sections 11360 – 11367 – Sets forth the requirements and the provisions for the amended state-funded Kin-GAP program.
WIC Sections 11362(c) and 11391(c) provide the definition of Kin-GAP, Kinship Guardian, Sibling, and Relative.
WIC Section 11363(b) – States in part that if the conditions specified in subdivision (a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388.
WIC Section 11364(c) – States that in accordance with the Kin-GAP agreement, the relative guardian shall be paid an amount of aid based on the child's needs otherwise covered in AFDC-FC payments and the circumstances of the relative guardian, but that shall not exceed the foster care maintenance payment that would have been paid based on the age-related state-approved foster family home care rate and any applicable specialized care increment for a child placed in a licensed or approved family home pursuant to subdivisions (a) to (d), inclusive, of Section 11461. In addition, the rate paid for a child eligible for a Kin-GAP payment shall include an amount equal to the clothing allowance, as set forth in subdivision (f) of Section 11461, including any applicable rate adjustments. For a child eligible for a Kin-GAP payment who is a teen parent, the rate shall include the two hundred dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465.
WIC Section 11364(g) – States in part that payments on behalf of a child who is a recipient of Kin-GAP benefits and who is also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464.
WIC Section 11378(b) – States in part that at the time of the annual re-determination of the state-funded Kin-GAP benefits, the county shall determine whether the child was receiving Federal AFDC-FC payments prior to receiving Kin-GAP, while a dependent child or ward of the juvenile court. Those children determined to have previously received AFDC-FC payments shall be reassigned to the county social worker, who shall inform the relative guardian, and the child if over 12 years of age, of the benefits of transitioning to Federal Kin-GAP and the process for making the transition. The process described in this subdivision shall continue for at least twelve (12) calendar months or until all state-funded Kin-GAP cases as of the effective date described in this subdivision have been processed.
WIC Sections 11385 – 11393 – Sets forth the requirements and the provisions for the Federally-funded Kin-GAP program.
A non-specific file number generated by the Emergency Response Command Post (ERCP) identifying a placement case that is transferred from ERCP directly to a regional Family Maintenance and Reunification (FM&R) or generic (G) file.
Los Angeles County Department of Mental Health's (DMH) 24 hour, 7 (seven) day a week hotline: Emergency psychiatric services are coordinated through ACCESS. ACCESS offers information regarding all types of mental health services available in Los Angeles County. CSWs may request a joint response with FRO by contacting ACCESS at (800) 854-7771.
The term includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. 'Abuse or neglect in out-of-home care' does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
The team is made up of former RUM (Resource Utilization Management) staff who have experience in finding placement for high risk/needs children. APT Specialist CSWs can assist Regional CSWs expedite the process in finding placement/replacement after hours and/or when all other efforts have been unsuccessful.
Renamed to Centralized Placement Program (CPP)
Active investigation means the activities of an agency in response to a report of known or suspected child abuse. For purposes of reporting information to the Child Abuse Central Index, the activities shall include, at a minimum: assessing the nature and seriousness of the known or suspected abuse; conducting interviews of the victim(s) and any known suspect(s) and witness(es) when appropriate and/or available; gathering and preserving evidence; determining whether the incident is substantiated, inconclusive, or unfounded; and preparing a report that will be retained in the files of the investigating agency.
A mandatory statewide program that provides financial support to families in order to facilitate the adoption of children who would otherwise be in long-term foster care. The intent of this program is to remove limited financial resources as a barrier to adoption.
State licensed adoption practitioners who are authorized to help the adopting family in obtaining consents from birth parents in non-relative independent adoption.
An order/decision which is contrary to a DCFS recommendation and which DCFS believes, if carried out, will jeopardize the safety of a child; and an order/decision which adversely affects the administrative and/or operational functioning of DCFS. This includes, but is not limited to, orders, which are contrary to DCFS policy and/or state or federal regulations; and/or, penalizes DCFS for the actions or inaction of a CSW and/or DCFS.
CSW is requesting a ruling on the warrant on a weekend, holiday, or during non-court hours. (Same as expedited but the matter cannot wait until the next court day for a ruling.)
The adoption of a child in which DCFS is a party to or joins in the petition for adoption. DCFS has custody of the child and approved the applicant assessment (adoption home study).
Foster care financial assistance paid on behalf of children in out-of-home placement who meet the eligibility requirements specified in applicable state and federal regulations and laws. The program is administered by DCFS.
An identified or unidentified man who: could be or claims to be the father of the child; or is claimed by the birth mother to be the child’s father; or is identified on the child’s birth certificate prior to January 1, 1997 and does not meet the definition of a presumed father.
Benefits equal to the rate that a Regional Center vendorized home receives for a child that requires the same level of care. These rates are established by the California Department of Development Services and only available for the foster care and Adoption Assistance Benefits (AAP) set prior to the establishment of the dual agency rate.
A hearing in which the court has ordered all affiliated parties to appear to address a matter before the court.
Appellate review refers to the power of a higher court to examine the decision or order of a lower court for errors. Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice.
This is the term used for an agency adoption to determine AAP eligibility.
An assessment usually conducted by a child welfare of adoption agency of the suitability of a prospective adopting family prior to an adoptive placement.
A motion for rehearing or reconsideration seeking to alter or amend a judgment or order.
A family participating in DPSS CalWORKs
When a report has been made about a child alleging abuse and/or neglect and the child's sibling(s) are also at risk of abuse and/or neglect.
A foster parent, relative or nonrelative extended family member (NREFM) who has applied to adopt the child residing in his or her care. S/he is considered to be "attached" to the child because of an existing relationship.
Disease-carrying microorganisms that may be present in human blood. These pathogens include, but are not limited to, hepatitis B and C virus (HBV and HCV) and human immunodeficiency virus (HIV). Depending on the disease, they may be transmitted by direct skin contact to blood, semen, and vaginal secretions. Feces, urine, vomit, sputum, and nasal secretions may be infectious only if they also contain blood.
A redeemable certificate used as a substitute for currency. Transit companies other than the Metropolitan Transit Authority (MTA) issue bus passes.
A permit or authorization to ride at will, without charge. Passes are valid for the current month. Transit companies other than the MTA issue bus passes.
A piece of metal used as a substitute for currency.
California's food stamp program
California Statewide Automated Welfare System. The California Statewide Automated Welfare System (CalSAWS) Project and Consortium is the automated welfare business process in California which has served all 58 California counties since 2023. The implementation of CalSAWS merged California’s most recent three (3) county-level consortia welfare systems and supports six (6) core programs: California Work Opportunity and Responsibility to Kids (CalWORKs), Supplemental Nutritional Assistance Program (SNAP) known as CalFresh in California, Medi-Cal, Foster Care, Refugee Assistance, and County Medical Services. It encompasses the following functions: eligibility determination, benefit computation, benefit delivery, case management and information management. CalSAWS replaced the LEADER Replacement System (LRS), which had replaced LEADER (Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting) and sixteen (16) other legacy systems in 2016.
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.
California Regional Centers are nonprofit private corporations that contract with the State Department of Developmental Services (DDS) to provide or coordinate services and supports for individuals with developmental disabilities.
CalWORKs is a welfare program that gives cash aid and services to eligible needy California families. The program serves all 58 counties in the state and is operated locally by county welfare departments. If a family has little or no cash and needs housing, food, utilities, clothing or medical care, they may be eligible to receive immediate short-term help. Families that apply and qualify for ongoing assistance receive money each month to help pay for housing, food and other necessary expenses.
The child's parent has been incarcerated, hospitalized or institutionalized and cannot arrange for the care of the child; parent's whereabouts are unknown or the custodian with whom the child has been left is unable or unwilling to provide care and support for the child.
Parent or guardian's mental illness, developmental disability or substance abuse. The child's parent or guardian is unable to provide adequate care for the child due to the.
The team is made up of former RUM (Resource Utilization Management) staff who have experience in finding placement for high risk/needs children. APT Specialist CSWs can assist Regional CSWs expedite the process in finding placement/replacement after hours and/or when all other efforts have been unsuccessful.
Previously known as the Accelerated Placement Team (APT).
The non-accidental commission of injuries against a person. In the case of a child, the term refers specifically to the non-accidental commission of injuries against the child by or allowed by a parent(s)/guardian(s) or other person(s). The term also includes emotional, physical, severe physical, and sexual abuse as defined in CDSS MPP Section 31-002(c)(9)(D).
The CACI is a system that allows Children's Social Workers to access in written form to any child abuse records of individuals through the Department of Justice (DOJ) listing names and other identifying information compiled from child abuse reports submitted to DOJ by mandated child abuse reporting agencies which maintain information regarding allegations of abuse and/or neglect. This is primarily utilized to evaluate relative and nonrelative extended family members as prospective caregivers.
California’s version of the federal health care program called Early and Periodic Screening, Diagnosis and Treatment (EPSDT). It provides comprehensive medical, mental health and dental diagnostic and treatment services for all Medi-Cal eligible persons aged newborn to 21 years who request them. States are required to inform the families of eligible children about CHDP; assist with referral and transportation to providers; and, follow-up to ensure that necessary diagnostic and treatment services are provided.
Includes the intentional touching of the genitals or intimate parts or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification. This does not include acts which are reasonably construed to be normal caretaker responsibilities, demonstrations of affection for the child, or acts performed for a valid medical purpose.
A general term for a device that can be installed in a vehicle and is designed to restrain, seat, or position children who weigh 50 pounds or less.
A group of individuals, as identified by the family, and convened by DCFS, who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
CFT Meetings are structured, guided discussions with the family, their natural supports and other team members. The meetings are designed to specifically address the family's strengths, worries that the family, agency or team members have regarding the child's safety, permanence and well-being. The family and team members develop a plan that builds on strengths, meets needs and considers the long-term views.
The term "child’s attorney" refers to the Children’s Law Center of Los Angeles (CLC) attorneys as well as the Los Angeles Dependency Lawyers (LADL) attorney appointed to represent the child in dependency proceedings. In addition, the term also refers to a paralegal, social worker or any other person working for that attorney. This also includes a youth’s delinquency attorney.
A non-profit corporation whose attorneys represent children in dependency court matters.
Support staff responsible for providing required notification to the child’s attorney, as detailed in a blanket minute order issued by the Presiding Judge of the Dependency court.
Collateral contacts are individuals or agencies with information that can assist the CSW in understanding the nature and extent of the alleged child abuse/neglect and in assessing the risk to and safety of the children. Collateral Contacts include professionals working with the child or parent and have regular contact with the family. Examples include: teachers, parole officers, physicians, DPSS, DMH, therapists, hospitals, and probation.
Sexual activity involving a minor under the age of eighteen (18) in exchange for something of value (i.e., food, shelter, money). [See PEN sections 11165.1(d)(2) and PEN 236.1(c)]. Exploitation includes instances when a minor exchanges sexual acts with a “John/date” even when there is no known trafficker/pimp; Examples of CSEC: Internet-based exploitation, pornography, stripping, erotic/nude massage, escort services, private parties, interfamilial pimping, child being exploited on the streets. CSE is a form of child abuse that mandated reporters must call in to the Child Protection Hotline for each new incident/episode. This includes reporting new AND repeated incidents of CSE on open cases.
The division within the California Department of Social Services (CDSS) responsible for licensing foster care facilities, i.e., foster family homes, foster family agencies, group homes and small family homes. Additional responsibilities include investigating any reported incident of child abuse, neglect or exploitation in such facilities and/or violations of licensing standards.
Offers counseling, nutrition classes, drug education and counseling, parenting classes, pre-natal care, continuing education, pre-employment training, family planning, group outings, and aerobic and weight training classes
Questions that may confuse a young child because they reference more than one response option. For example, 'Is it right or wrong to lie?'; 'Is your shirt green or yellow?'; 'Would your mom give you candy or punish you if you told a lie?'
Lowered resistance to infection.
Concurrent Planning aims to support timely permanence for children. Safe reunification is DCFS' first priority, but in the event that this is not possible, Concurrent Planning ensures that the identification of an alternative placement plan for children who cannot safely return home is in place from the beginning. Working with a labor/management group, the department implemented changes to Concurrent Planning which support the safety and permanence for children and families from the first day they enter out-of-home care. These system changes include focusing on identifying relatives and siblings and developing 'resource families' who are committed to working toward reunification and providing legal permanence if safe reunification is not successful. Concurrent Planning also engages families and draws on their strengths and uses ongoing assessments and case planning.
An assessment document as prescribed in Welfare and Institutions Code Sections 366.21(I), 366.22(b) and 361.5(g). The CPA is initiated by the case carrying Children's Social Worker and completed by the APRD CSW when adoption home study for attached children or matching/recruitment activities for unattached children are initiated.
Adoption petition was filed by the court and stamped with the filing and the action number.
Placement of a child six years and younger in a group home prior to the Disposition Hearing due to a special need for an in-depth evaluation that can only be completed in a "congregate care" facility. The placement cannot be more than 60 days unless and extension of the placement is included in the case plan and approved by the ARA. The child’s total time spent in the placement shall not exceed more than 120 calendar days.
When a party to a lawsuit needs to postpone a matter that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date).
CPM is a shared model of practice developed to better integrate services and supports for children, youth and families. The model emphasizes child-centered, family-based practice to identify strengths/needs, collaborative case planning and decision making that considers the long-term view for the family, and development of a support network (team) that will continue to be available to the family even after termination of formal services. The five key practice domains include Engaging, Teaming, Assessing, Planning & Intervening and Tracking.
An officer of the court who advocates the individual needs and best interests of a child, and provides the court with written recommendations. Persons serving as CASAs are generally community volunteers who participate in a training program, after which they are appointed as an officer of the court to advocate on behalf of a child(ren). CASAs are also referred to as Child Advocates or Guardians Ad Litem (GAL).
Refers to the parent with whom the child(ren) reside(s) (i.e., the parent with physical custody or primary physical custody).
Licensed clinician who provides assistance to CSW in identifying and assessing the needs of children with special needs by ensuring that the caregiver's home meets the child's needs and that all children having special needs have those needs met in accordance with the provisions of the Katie A. settlement agreement.
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.
Developmental delay refers to infants and toddlers having a significant difference between the expected level of development for their age and their current level of functioning. (DCFS Glossary)
A disability that originates before an individual attains age 18 years, continues or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. The term includes mental retardation, cerebral palsy, epilepsy, and autism. It also includes disabling conditions found to be either closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature.
Services provided by the Regional Centers, which include diagnostic evaluation, coordination or resources such as education, health, welfare, rehabilitation and recreation for persons with developmental disabilities. Additional services include program planning, admission to and discharge from state hospitals, court-ordered evaluations and consultation to other agencies.
Involves a child who came to the United States for the purpose of adoption through the intercountry adoption process but entered foster care prior to finalization of the adoption regardless of the reason for the foster care placement. The disruption occurs after a child enters the United States under guardianship of the prospective adoptive parents or an adoption agency with a visa for the purposes of completing the adoption process domestically. The disruption must be reported even if the child's plan is reunification with the prospective adoptive parents and the stay in foster care is brief.
Family Code Section 297 defines domestic partners as two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.
Welfare and Institutions Code Section 18291 (a) states that 'Domestic violence' means abuse committed against an adult or minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Penal Code Section 13700 (b) states that "Domestic violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
A child who is receiving AFDC- FC, Kin-GAP or AAP benefits and is concurrently a consumer of Regional Center services.
A web-based system used by the DHS Medical Hubs that tracks the health status of children in the child welfare system and facilitates provision of quality medical care. As part of a joint effort between DHS and DCFS, the E-mHub System accepts the electronic transmission of the DCFS Medical Hub Referral Form and returns appointment status alerts and completed examination forms, to DCFS via an e-mail notification. DCFS and DPH PHNs and PHN Supervisors have access rights to EmHub screens pertaining to the health care of children served at the Hubs. Completed examination forms may be accessed through the link in the email notification by using the SITE User ID (employee number) and Password (current password used by employee).
The EX Pass TAP Card/Sticker is a monthly pass good for MTA and local travel on twenty-four (24) different public transit carriers throughout the Greater Los Angeles region. No transfers are necessary between the EZ Pass TAP Card transit carriers.
Are characterized by severe disturbances in eating behavior. Eating disorders are divided into three categories: Anorexia Nervosa, Bulimia Nervosa, and Binge Eating.
Often seen in families where children are forced or allowed to work under certain illegal conditions outside and inside the home. This form of exploitation prohibits children from attending school and may place them in work environments that are a threat to their general health, safety and security. Although poverty may be a prime motivation for this type of exploitation, other situations may exist.
A stipend available to supplement (not replace) ILP. To qualify for this stipend, a youth must be eligible for ILP, be 18 years of age or older, and whose financial need has been verified by YDS. Current and former foster youth, as well as, Nonminor Dependents may qualify. The stipend may provide for, but not be limited to the following independent living needs: bus passes/transportation, housing rental and utility deposits and fees, education and work-related equipment and supplies, training-related equipment and supplies, auto insurance and driver’s education.
Emancipation allows a youth to be freed from the custody and control of their parents and to have many of the rights and responsibilities of an adult. There are three ways a minor may become emancipated: Get married with parental consent and permission from the court; Join the military; Go to court and have the judge declare you emancipated.
An ex-prate temporary restraining order issued by the Superior Court following a determination by law enforcement that a child is in immediate danger of abuse by a member of a child’s family or household. An EPO may exclude any parent, guardian or member of a child’s household from the dwelling of the person having the care, custody, and control of the child. EPO allow children to remain in their home while allegations of child abuse by the restrained parties are investigated and allow the non-offending parent time to seek assistance from Family Law Court. EPO expire at the close of the second day of judicial business following the day of issuance. EPO may only be extended by application to the appropriate court. See "Ex-Prate Order," "Judicial Business Hours" and "Restraining Order."
The term 'assessment' goes beyond the concept to evaluate a child's safety and risk, and to determine whether and what services are needed to ameliorate or prevent child abuse and neglect. In order to complete a thorough family assessment, any and all safety threats (as listed on the SDM Safety Assessment) that may compromise a child's safety and well-being must be thoroughly assessed, even if those safety threats were not identified on the referral as an allegation.
The term 'investigation' encompasses the efforts of DCFS to determine if abuse or neglect has occurred, if allegations can be substantiated.
"Emotional abuse" refers to nonphysical mistreatment, the results of which may be characterized by disturbed behavior on the part of the child such as severe withdrawal, regression, bizarre behavior, hyperactivity, or dangerous acting-out behavior.
CSW has good cause to request a ruling the same day the request is submitted, and intends to serve the warrant or at least make an attempt the same day it is granted.
Forcing or coercing a child into performing functions which are beyond his/her capabilities or capacities, or into illegal or degrading acts. The term also includes sexual exploitation, economic exploitation, exploitation involving illegal activities and exploitation in the home.
When assessing families that are involved in the gang culture investigate to see if children are encouraged from a young age to value gang membership (parents may be active or retired gang members), or if someone is teaching children gang signs, dress codes and affiliations and advocating membership, if adults are supporting violent behavior and criminal activities of the children.
Exploitation exists within the family household as well. A child may be selected to perform all or the majority of such parental tasks as cleaning, cooking and caring for younger siblings, including bathing, dressing, feeding and babysitting. Frequently, the child who is singled out in this manner is substituting for a parent who is absent or unable to fulfill parental responsibilities due to the parents' substance abuse and/or physical/mental disabilities.
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.
A method of bringing family members together to come up with a recommendation to the court for a safe and permanent plan for a child. If differs from the traditional child welfare case conferencing in that although the caseworker participates in an information-sharing capacity, the family and not the child welfare worker is "in charge" of the meeting and responsible to create the recommended plan. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
In January 1991 as a result of Senate Bill AB546, we established comprehensive community-based networks and services to protect children while they remain within their homes. The primary goal of the Family Preservation approach is the safety of children in their own homes and safe return of children being reunified after periods of placement into foster care. DCFS currently works with 38 Family Preservation agencies and covers most of Los Angeles County. On average, 5,000 families are served annually. The maximum length of time services can be provided is 12 months. The average stay in Family Preservation is 9 months.
Activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation. The child remains in temporary foster care while services are provided to reunite the family.
An on-line Structured Decision Making (SDM) tool used for identifying family strengths and needs and to assist with case planning.
The term 'first degree relative' refers to grandparents, uncles, aunts, and adult siblings.
The Foster Care Search Engine (FCSE) is a web-based system providing an interactive search mechanism using Geographic Information System (GIS) technology. The system is a tool used to identify vacant placement homes within Los Angeles County based on the children needs and well-being. Mapping capability allows for staff to view location of vacancies in proximity to schools, community boundaries and placement of siblings. The system interfaces with CSW/CMS Datamart database to maintain data integrity and provides a web-based data entry screen for Foster Family Agencies to provide specific data not available on CWS/CMS. The system is used by Children’s Social Workers (CSW) and by Technical Assistants (TA) who assists the workers in foster care placements.
A non-profit organization licensed by the State of California to recruit, certify, train, and provide professional support to foster parents.
Greater Avenues for Independence - CalWORKs services may include GAIN services (Welfare-to-Work Program). GAIN is mandatory for parents aided on CalWORKs, unless there is an exemption (e.g., parent has a child under a year old, temporary incapacity, participant is over age 65).
A portion of the cash aid being received by a CalWORKs participant is reduced when (s)he is not adhering to GAIN Program requirements.
Penal Code Section 11165.2(b) defines general neglect as the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.
The unavailability of a preferred placement, after a diligent search has been conducted; or the desires of the Indian parent, child, or tribe; or the child’s special needs for a placement, which offers either proximity to a parent or a therapeutic program when no available preferred placement can meet these needs.
For the purpose of the adoption home study, procedures initiated on behalf of the applicant, at the applicant's request, to appeal the Department's decision when the adoption home study has been denied by DCFS. The Grievance Review Process pamphlet outlines the specific action taken by the Department when the applicant requests a grievance review hearing. In addition, grievance procedures are in place for foster parents who want to challenge the Department's decision in regards to their care and supervision of a child(ren). Foster parents who want to challenge decisions regarding their license must follow grievance procedures from the State Department of Social Services.
Refers to behaviors or factors that may increase the risk of contracting HIV/AIDS such as: sexual activities involving exposure to the blood or semen of an infected person, sharing needles used for intravenous (IV) injections, tattooing and body-piercing with infected persons, maternal transmission (i.e., from an infected mother to her fetus during pregnancy, birth or breast feeding) when the infant’s parent has a history of behavior that places the parent at an increased risk of exposure to HIV, blood or blood products, transfusions or organ transplants during the period from 1978 to June of 1985, and child is a victim of sexual abuse that places them at risk of exposure to HIV.
Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. (California Code of Civil Procedure Section 527.6 (a)(3))
An individual designated to make medical decisions on behalf of an adult if (s)he is incapable of making her/his own health care decisions. If no health care agent is appointed, when an adult has a medical emergency in which (s)he is not capable of communicating with hospital staff, the parent(s) or other relative would be asked to make decisions about medical treatment for the individual.
Passed in 2003, the Health Insurance Portability and Accountability Act (HIPAA) is designed to give patients more control over their health information, set boundaries on the use and disclosure of health information, institute safeguards to protect privacy of health information, create accountability, civil and criminal penalties, and establish a balance between individual privacy and the public good. In cases where the law of California is more restrictive than HIPAA, the State law must be followed. Conversely, if HIPAA is more restrictive than State law, then HIPAA must be followed unless there is a legal exception.
A document that is generated on CWS/CMS that contains a summary of a child's health and education information. The caregiver keeps a current copy of the Passport, along with the health and education forms in a binder provided by DCFS. This binder shall follow the child to all placements. The Passport shall accompany the child to all medical, dental and educational appointments. The Passport binder in its entirety is given to the child upon emancipation.
A plan developed by a medical provider that assists the child/youth in developing life long practices that encourages healthy behaviors, healthy food choices and regular engagement in cardio-vascular activities.
In the context of CHDP, a child with one or more of the following conditions: A past significant medical problem or chronic illness; possible contagious disease; medication; and/or social problems (e.g., language barrier) which could conceal an unmet medical need.
The county that provides courtesy supervision for a child residing with a relative or in foster care placement whose legal jurisdiction is in another California County.
An approach to successfully connect individuals and families experiencing homelessness or housing instability to housing services without preconditions and barriers to entry such as service participation requirements.
The DCFS ICPC Unit will contact the potential host state, per existing procedures and obtain information regarding provision of services to a NMD placed in a SILP.
Shortcomings that if not corrected would have direct and immediate risk to health, safety, or personal rights of the child.
There is reasonable cause to believe that the child will experience serious bodily injury in the time it would take for the CSW to return to the office, prepare, obtain from a judge, and serve the removal order.
A report determined by the investigator conducting the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred.
The adoption of a child in which neither CDSS nor an agency licensed by CDSS, such as DCFS, is a party to, or joins in, the petition for adoption.
The Lanterman Developmental Disabilities Act requires that a person who receives services from a regional center have an Individual Program Plan (IPP). Person-centered individual program planning assists persons with developmental disabilities and their families to build their capacities and capabilities. The planning team decides what needs to be done, by whom, when, and how, if the individual is to begin (or continue) working toward the preferred future. The document known as the Individual Program Plan (IPP) is a record of the decisions made by the planning team.
Those individuals who develop a health care plan for a child with special health care needs in a specialized foster care home or group home which shall include the child's primary care physician or other health care professional designated by the physician, any involved medical team, and the CSW and any health care professional designated to monitor the child's individualized health care plan, including, if the child is in a certified home, the registered nurse employed by or under contract with the certifying agency to supervise and monitor the child. The child's individualized health care plan team may also include, but shall not be limited to, a public health nurse, representatives from the California Children's Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department, and where reunification is the goal, the parent or parents, if available. In addition, if the child is in a specialized foster care home, the individualized health care plan team may include the prospective specialized foster parents, who shall not participate in any team decision.
A person is considered institutionalized when (s)he has been residing in a hospital, jail, prison, homeless shelter, residential school, rehabilitation center, halfway house, out-of-home care facility, etc., for more than 90 calendar days. This does not include battered women's shelters.
ISWs are the key component when detention is being considered or when a detention has occurred. ISWs provide immediate linkage to services for families where a court detention was necessary. ISWs participate in child safety conferences shortly after detention to review for possible return of children and or to connect children and families to services immediately following detention.
The Intensive Treatment Foster Care Program (ITFC) was developed to meet the treatment needs of emotionally disturbed children who need out-of-home placement. An Intensive Treatment Foster Care agency refers to an organization licensed by the California Department of Social Services for children who have a history of emotional/behavioral disturbance, have experienced multiple placement histories; are at risk of hospitalization, and/or qualify for Rate Classification Level (RCL) 12 or higher group home placement.
One agency has custody of the child and another agency approved the applicant assessment.
A hearing that is not mandated by the Welfare and Institutions Code, but is set by the court to address specific information and/or receive a progress report on the case at hand.
The computer system tracking all dependency court schedules and proceedings. Additionally, this software system allows DCFS to print minute orders.
The intent of the Kin-GAP program is to establish a program of financial assistance for relative caregivers who have legal guardianship of a child while Dependency Court jurisdiction and the DCFS case are terminated. The rate for the Kin-GAP program will be applied uniformly statewide.
The Kinship Support Division promotes, increases, and sustains legal permanency for children, adolescents and young adults in relative and legal guardianship placement through providing education, supportive services, advocacy, mentoring, and aftercare that is accessible and meets the needs of the child, family, and community.
Physical custody of a minor 72 hours old or younger accepted by a person from a parent of the minor, who the person believes in good faith is the parent of the minor, with the specific intent and promise of effecting the safe surrender of the child.
Questions that suggest a desired answer; often these are questions that can be answered with a simple 'yes' or 'no.' For example: "The sky is blue, isn't it?"
Legal relief (legal remedy): the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law. Some remedies require that certain acts be performed or prohibited (originally called "equity"), others involve payment of money to cover loss due to injury or breach of contract, and still others require a court's declaration of the rights of the parties and an order to honor them.
Involves a child who was previously adopted from overseas (whether the full and final adoption occurred in the foreign country or domestically) but entered foster care as a result of a court terminating the parents' rights or the parents' relinquishing their rights to the child.
A child whose birth parents have had his or her parental rights terminated or whose birth parents have voluntarily given up parental rights through relinquishment.
Includes the intentional masturbation of the perpetrator's genitals in the presence of a child.
Foster family homes, small family homes, group homes, foster family agency certified homes, child care facilities.
Any medical procedure or intervention that will serve only to prolong a state of unconsciousness where there is a reasonable degree of medical authority that such state of unconsciousness is permanent, or prolong a terminal condition."
A criminal history check based upon the submission of the subjects' fingerprints to the DOJ. The inquiry may also include an inquiry of the Child Abuse Central Index and an inquiry of the FBI database, if there is an indication that the subject may have been arrested outside of California, or that the subject has been a resident of California for less than two years. The clearance will confirm the identity of the subject of the inquiry and give the subject's history of arrests and convictions.
Degree to which there are stated, shared and understood safety, well-being, and permanency outcomes and functional life goals for the child and family. The outcomes and goals should outline required protective capacities, desired behavior changes, sustainable supports, and other accomplishments necessary for the child and family to achieve and sustain adequate daily functioning and greater self-sufficiency.
California's federal Medicaid program.
As 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.
One or more of the following exist: Previous significant medical problem or chronic illness; possible contagious disease; on medication; and/or, social problem or language barrier which could conceal an unmet medical need.
Children with special health care needs as defined by Assembly Bill 2268. These children have medical conditions and symptoms that require special procedures, may be temporarily or permanently dependent upon medical equipment and/or devices, therapies and may require ongoing medical care and assessment as determined by the child’s physician. The caregiver must have been trained to provide the specialized in-home health care to these children.
A motion for rehearing or reconsideration: seeking to alter or amend a judgment or order.
For youth whose behavior places them at risk of entry into the juvenile justice system, particularly those who are subject of a 241.1 assessment. The goal of the therapy is to improve caregiver discipline practices, enhance family relations, decrease youth association with deviant peers, increase pro-social peers, improve youth school or vocational performance, engage youth in pro-social recreational outlets, and develop a support network of extended family, neighbors, and friends to help achieve and maintain such changes. (Only available in Regional Offices in SPA 6 and 7)
A program which provides a comprehensive, multi-level intervention to children and youth in the child welfare system. MTFC is an evidence-based practice (EBP). MTFC Program provides each youth with short-term treatment (average 6-12 months) in specialized foster home environment where child/youth is the only foster child and has the following: own bedroom, an individual therapist, a skills trainer, attend public school, foster parents trained in the MTFC model, permanent caregivers receive behavior training and family therapy before and after the youth is returned to their home, a program supervisor that coordinates all care and is available 24/7.
The cornerstone of and entry point to the Protective Services Child Health (PSCH) system and the focal point for a community-based Provider Network. The KDMC Hub will provide timely, comprehensive medical, developmental and psychological assessments, as well as on-site preventive health services to children in out-of-home care. In addition, the Hub will assist in the development of a comprehensive child health plan for each child, provide referrals for follow-up care and conduct provider outreach. (DCFS Glossary, from "Hub Services: King/Drew Medical Center (KDMC)")
Any team of three or more people trained in the prevention, identification, management or treatment of child abuse or neglect cases and qualified to provide a broad range of services related to child abuse or neglect. The team may include a CalWORKs case manager, whose primary responsibility is to provide cross program case planning and coordination of CalWORKs child welfare services of those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
A near fatality is a severe injury or condition caused by abuse or neglect that results in the child receiving critical care for at least 24 hours following admission to a critical care unit.
The failure to provide a person with necessary care and protection. In the case of a child, the term refers to the failure of a parent(s)/guardian(s) or caretaker(s) to provide the care and protection necessary for the child's healthy growth and development. Neglect occurs when children are physically or psychologically endangered. The term includes both severe and general neglect as defined by Penal Code Section 11165.2 and medically neglected infants as described in 45 Code of Federal Regulations (CFR) Part 1340.15(b).
A network (also known as a support network, support system, or social support system) refers to an extended group of family, friends, neighbors, professionals, and/or cultural, religious, or other communities that provide support for -- and meet a wide range of needs for -- a parent/caregiver and/or the child/ren (including tribal ICWA programs, Indian organizations, and/or family members, which can include non-related tribal members). The network may consist of individuals or organizations (e.g., religious organizations, community organizations, professional providers) who care about the child/ren or family and who provide or share concrete support (e.g., financial help, transportation, babysitting) or emotional support (e.g., listening, advice).
Children who first, or initially, enter the child welfare system and are placed in out-of-home care under a WIC 300 petition. (This definition includes children in an open case under a Court FM or VFM case plan who are subsequently removed from their biological parents and placed in out-of-home care).
A hearing in which the affiliated parties are not required to appear in order for the court to proceed with the matter at hand.
Non-Child Welfare Department module within CWS/CMS used to enter non-court cases such as Kin-GAP. It contains placement and payment information, the Legal Guardian’s information and case notes. The Probation Department also enters information in the Non-CWD module for cases supervised by their department.
A relative other than the child's birth or adoptive parents.
A person appointed by the Superior Court pursuant to the provisions of the Probate Code or appointed by the Dependency Court pursuant to the provisions of the Welfare and Institutions Code, who does not meet the definition of a 'Related Legal Guardian.'
A hospital, jail, prison, homeless shelter, residential school, rehabilitation center, halfway house, out-of-home care facility, etc. where the individual has lived for more than 90 calendar days. This does not include battered women's shelters.
A current dependent child or ward of the juvenile court, or a nonminor under the transition jurisdiction of the juvenile court, who: has attained 18 years of age while under an order of foster care placement by the juvenile court; is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization; is participating in a transitional independent living case. Defined by WIC 11400(v).
A nonrelative extended family member is defined as an adult caregiver who has an established familial relationship with a relative of the child or a familial or mentoring relationship with the child. The county welfare department must verify the existence of a relationship through interviews with the parent and child or with one or more third parties.
Includes any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.
also known as intravenous feeding, is a method of getting nutrition into the body through the veins. While it is most commonly referred to as total parenteral nutrition (TPN), some patients need to get only certain types of nutrients intravenously.
DPSS term for person receiving services.
This is a six-week, 33-hour program that prepares resource families (foster and adoptive) for the new roles and parenting skills they will need if they adopt. A program of mutual preparation and selection which uses the teamwork approach between foster and adoptive parents and the agency to prepare foster and adoptive parents for theexperience of parenting children with special needs, such as those supervised by DCFS. The program incorporates self-assessment, mutual decision-making and experiential preparation for foster and adoptive planning to help parents decide if their expectations and abilities match the realities of foster and adoptive parenthood.
An economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. This is related to compensation from being a Victim of Crime.
Includes any intrusion by one person into the genitals or anal opening of another person, including the use of any object, except for acts performed for a valid medical purpose.
Includes any of the following options: the child returns home, the court approves adoption, legal guardianship, permanent plan living arrangement with a relative/non-relative extended family member, or the child's case is closed.
The services provided to achieve legal permanence for a child when efforts to reunify have failed until the court terminates FR. These services include identifying permanency alternatives, e.g., adoption, legal guardianship, tribal customary adoption and planned permanent living arrangement. Depending on the identified plan, the following activities may be provided: inform parents about adoptive planning and relinquishment, locate potential relative caregivers and provide them with information about permanent plans (e.g., adoption, legal guardianship) and refer the caregiver to the Adoption Division for an adoptive home study, etc.
Permanency Planning Conferences (PPCs) are modeled after TDM meetings to ensure that a multi-disciplinary team of professionals, family members and caregivers meet regularly to focus on the urgent permanency needs of youth. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
In the context of adoption, substantially correct information regarding a prospective adoptive parent. This shall include, but is not limited to, the following: full legal name; age; religion; race or ethnicity; length of current marriage and number of previous marriages; employment; whether other children or adults reside in the home; whether there are other children who do not reside in the home and the child support obligation for these children and any failure to meet these obligations; any health conditions curtailing normal daily activities or reducing normal life expectancies; any convictions for crimes other than minor traffic violations; any removal of children due to child abuse or neglect; and, general area of residence, or upon request, address.
Pertinent collateral contacts are individuals or agencies with information that can assist the CSW in understanding the nature and extent of the alleged child abuse/neglect and in assessing the risk to and safety of the children. Collateral Contacts include professionals working with the child or parent and have regular contact with the family. Examples include: teachers, parole officers, physicians, DPSS, DMH, therapists, hospitals, and probation.
Non-accidental bodily injury that has been or is being willfully inflicted on a child. It includes willful harming or injuring of a child or endangering of the person or health of a child defined as a situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.
Shortcomings that without correction would become a risk to the health, safety, or personal rights of the child. The child can be placed in the home pending completion of the CAP. TANF/CalWORKs is the funding source possibly available to the caregiver until the CAP is completed and eligibility for federal Foster Care funding is determined.
A meeting of attorneys and parties held for the purpose of reaching a negotiated settlement involving joint solutions.
A PPT is held for any pregnant or parenting teen under the Department’s supervision (as well as potential and recent fathers) as a youth-centered approach in order to identify and discuss issues related to pregnancy and early stages of child-rearing as well as breaking intergenerational cycles. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
Provides for 12 months in a residential program and a 12-month outpatient transitional services program.
i.e., more likely than not
A man is presumed to be the biological father of a child if: He has signed a voluntary declaration of paternity (VDP) or, after January 1, 1997 is identified on the child’s birth certificate; He and the mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; Before the child’s birth, he and the child’s birth mother have attempted to marry each other and the child was born during the attempted marriage or within 300 days after the termination of cohabitation; After the child’s birth, he and the child’s birth mother have married or attempted to marry and either with his consent he is named on the child’s birth certificate or he is obligated to pay child support; He receives the child into his home and openly holds out the child as his birth child; Anyone whom a court has found to be a presumed or legal father (this includes family court, dependency court, and judgments for child support services);Other men who tried to marry the mother or thought they had married the mother (even if it turns out that they did not), and even if after the birth may qualify as a presumed father. Consult County Counsel.
As it pertains to the allegations in a child welfare case, the petition must include enough facts that if later proven, will cause a child to be declared a dependent of the court.
Reasonable cause or a reasonable ground for belief in certain alleged facts (more than a hunch, but less than absolute certainty).
As defined by Health Insurance Portability and Accountability Act (HIPAA), is health (including mental health) information created or maintained by a health care provider that identifies or can be used to identify a specific individual. PHI relates to an individual’s health, health care or payment for care – in the past, present or future.
Medications used as tools for producing certain chemical and physiological effects in the central nervous system. They are usually classified according to the types of disorders they are primarily used to treat.
A pro bono law office serving low-income children, adults, and families. Through its Children's Rights Project, Public Counsel assists children in civil legal matters such as guardianship, adoption, special education, government benefits, emancipation, teen parenting issues, immigration, mental health services, access to education and transitional services upon emancipation from foster care.
Referral Address Verification System
Includes any penetration however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.
An intervention, informed by a Housing First approach, that connects families and individuals experiencing homelessness or housing instability to assistance that may include the use of time-limited financial assistance and targeted supportive services.
The law requires child welfare agencies to make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. It is based upon a standard of reasonableness, which is a subjective test of what a reasonable person would do in the individual circumstance, taking all factors into account. This includes conducting a Due Diligence search to locate parents whose whereabouts are unknown.
When it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate, on his or her training, to suspect child abuse or neglect.
The standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interest.
The DCFS office that is responsible for providing services to the child, youth, dependent, or nonminor dependent. Usually, the office where the child's CSW is located.
Court will rule on the request by 5:00 p.m. the day after the request is filed with the court.
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. A former stepparent is considered a relative only if the child is federally eligible.
For 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.
The action of a parent in which he or she surrenders custody, control and any responsibility for the care and support of the child. Currently, only an Adoption social worker or the court is qualified to process a relinquishment.
The RMP is a family centered, multi-departmental, integrated approach to identifying, coordinating and linking appropriate resources/services to meet the needs of children currently in, or at risk of a RCL 6 through 14 placement. Additional information can be found at www.lacdcfs.org/katieA/RMP/. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
Families that have a foster care license and an approved family assessment that meets the State’s adoption standards. They are dually prepared to provide foster care and support family reunification; but, should reunification not occur, they are approved to provide an adoptive home for a child.
An order issued by the court, which enjoins a person from engaging in a specified behavior or activity, limits the distance a person may approach a specific location and/or person, or excludes a person from a specific dwelling or place of business. See "Emergency Protective Order."
For children aged three or older at the time of initial removal, services are to be provided from the dispositional hearing until the 366.21(f) hearing, unless the child is returned home. For children under the age of three, services are to be provided until the 366.21(e) hearing, unless the child is returned home.
The Review Agent conducts the Grievance Review Hearing. In accordance with CDSS Manual of Policies and Procedures (MPP) 31-020.511-.513, the Review Agent is a staff or other person not involved in the complaint; neither a co-worker nor a person directly in the chain of supervision of any of the persons involved in the complaint unless the Agent is the Director or Chief Deputy of the county; knowledgeable of the field and capable of objectively reviewing the complaint. The Review Agent for Los Angeles County, DCFS is the Manager, Appeals Section.
Supplemental 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.
Specialized Supportive Services - CalWORKs participants eligible to receive GAIN services may be eligible to receive Specialized Supportive Services (e.g., mental health, substance abuse, domestic violence assessment and treatment services) and transportation, child care and other ancillary expenses.
The D-Rate is the rate paid on behalf of hard-to-place children with severe and persistent emotional and/or behavioral problems. This rate can be paid for eligible children placed in the following types of out-of-home care facilities if they have been certified for the D-Rate: foster family homes, non-related legal guardian homes, nonrelative extended family member homes, foster care-eligible relative (Youakim) homes, and small family homes which are not vendorized by Regional Center but are licensed for mentally disordered/emotionally disturbed children.
The school that the foster child attended when permanently housed (prior to detention) or the school in which the foster child was last enrolled. If the school the child attended when permanently housed is different than from the school the child was last enrolled, or if there is some other school that the foster child attended with which he/she is connected (and attended within the immediately preceding 15 months) the local educational agency foster child education liaison, in consultation and agreement with the foster child and their Educational Rights Holder, can determine which school should be the child's school-of-origin.
Is defined as being able to meet one’s basic needs for food, shelter, income, and overall functioning. It is complementary to the goal of permanency, as individuals typically function better when they are surrounded by loving and caring adults. However, if one’s safety net were to be removed, self-sufficient adults would still be able to survive. In order for youth to become thriving, self-sufficient adults, they need to acquire solid assets and skills, early on, in key areas and outcome areas, such as, permanency/housing; education; social and emotional well-being; career/workforce readiness; health and medication. These four outcome areas lay the foundation for a successful transition into adulthood. To develop properly, they must be addressed and nurtured early on, at the first point of contact. Having continuous high expectations for success in these four areas is critical if youth are to have the support they need to achieve self sufficiency.
Reasonable cause to believe that the child has a need for medical care for a serious medical condition; or is in danger of physical or sexual abuse; or the physical environment poses a threat to the child's health or safety.
Penal Code Section 11165.2(a) defines severe neglect as the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. "Severe neglect" also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered, as proscribed by Penal Code 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care. Child abandonment would come under this section.
Includes any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse which causes significant bleeding, deep bruising, or significant external or internal swelling; or repeated acts of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
The victimization of a child by sexual activities, including, but not limited to, those activities defined in Penal Code Section 11165.1(a)(b)(c). See "sexual assault" and "sexual exploitation."
Conduct in violation of laws pertaining to: Section 261 (rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivisions (a) and (b) of Section 288 (lewd or lascivious acts upon a child under 14 years of age), 288a (oral copulation), 289 (penetration of a genital or anal opening by a foreign object), or 647a (child molestation). If there are no indicators of abuse, “sexual assault” does not include voluntary sodomy, voluntary oral copulation, or voluntary sexual penetration unless the conduct is between a person 21 years of age or older and a minor under 16 years of age.
Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). Any person who knowingly promotes, aids or assists, employs, uses, persuades, induces or coerces a child, or any person responsible for a child's welfare who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct or to either pose or model alone or with others for the purpose of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. 'Person responsible for a child's welfare' means a parent, guardian, foster parent, or a licensed administrator, or employee of a public or private residential home, residential school, or other residential institution. Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene, sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.'
Sexually Transmitted Infections, including HIV and AIDS, are transmitted from one person to another through sexual contact as well as though direct person-to-person contact with blood or body fluids that contain the infection.
A sibling is defined as a child related to another person by blood, adoption, or affinity through a common legal or biological parent.
The determination of what is considered 'significant contact' by an individual with a child will be determined by the ASFA Division in consultation with County Counsel and regional staff.
Any residential facility in the licensee's family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. WIC 11400(e)
Assembly Bill 2268, defines children with special health care needs as those children who are either temporarily or permanently dependent upon medical equipment or in need of other specific kinds of specialized in-home health care, as determined by the child’s physician. See "medically fragile."
Definition for Adoption Assistance Program (AAP), a child whose adoption, without financial assistance, would be unlikely due to one or more of the following factors: age (three years or older),ethnic background, race, color or language, mental, physical, emotional or medical handicap, adverse parental background, membership in a sibling group which should remain intact. In the context of protective services childcare, a child who is mentally or physically incapable of caring for him/herself, as verified by a physician or a licensed or certified psychologist, and requires separate accommodations to be provided with basic childcare. In the context of dependency court, a special needs child is one who has had three or more placements during a 12-month period and has a diagnosis or history of one or more of the following: conduct disorder with aggressive tendencies or antisocial behavior; attention deficit disorder treated by psychotropic drugs; self-destructive or suicidal behavior; use of psychotropic drugs; developmental disability; fire setting; manifestation of psychotic symptoms; somatizing or chronic depression or social isolation; severe sexual acting-out behavior and/or; substance abuse.
A rate paid in addition to the basic care rate for the care of children/youth with special needs.
Any of the following foster homes where the foster parents reside in the home and have been trained to provide specialized in-home health care to foster children: 1) Licensed foster family homes; 2) small family homes or; 3) certified family homes that have accepted placement of a child with special health care needs who is under the supervision and monitoring of a registered nurse employed by, or on contract with, the certifying agency, and who is either of the following: a) a dependent of the court under WIC 300 or; b) developmentally disabled and receiving services and case management from a regional center.
Includes, but is not limited to, those services identified by the child's primary physician as appropriately administered in the home of any of the following: 1) A foster parent trained by health care professionals where the child is being placed in, or is currently in, a specialized foster care home; 2) Group home staff trained by health care professionals pursuant to the discharge plan of the facility releasing the child where the child was placed in the home as of Nov. 1, 1993, and who is currently in the home; 3) a health care professional, where the child is placed in a group home after November 1, 1993. WIC 17710(h)
The act of temporarily stopping a judicial proceeding through the order of a court.
Assesses the child's present danger and the interventions currently needed to protect the child. Assesses whether any children are likely to be in immediate danger of serious harm/maltreatment and determines what interventions should be initiated or maintained to provide appropriate protection.
A thirty (30) day pass good for MTA travel only. Students must have an appropriate MTA ID Card to obtain the pass. Student Cardholders are provided with a Student TAP Card each month. There is no charge for the Card itself. Students can pick-up a photo-less Metro Student Dare ID Card (K-8 or 9-12) at participating schools or one of the four Metro Customer Centers.
Substance Abuse and Drug Testing Services are available to determine whether parents or caregivers’ abilities are impaired by the use of alcohol and drugs; if parents/caregivers need to be referred for alcohol/substance abuse treatment, and to monitor progress in treatment. Test results are used as part of the evaluation process to determine if children can remain safely in the home of their parents and caregivers, or if children can be safely returned to the care of their parents and caregivers.
A report determined by the investigator conducting the investigation to constitute child abuse or neglect, as defined in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defined, occurred.
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.
CWS/CMS services component for nonminor dependents (NMD) under which the required Extended Foster Care (EFC) participation criteria must be indicated.
SOC refers to a continuum of care for children and their families, which meets their mental, emotional, and behavioral needs. The program focuses on treatment for children and youth who are at risk of placement in either a group home or a more restrictive setting. An Inter- Agency Screening Committee comprised of representatives from DCFS, Department of Mental Health, the Probation Department, Special Education Local Planning Area, and local school districts, screens these type of cases. Services may include intensive in-home treatment, in-home support services, daily living skills, mental health services, crisis intervention, respite care, parent training, school intervention and therapeutic foster homes.
Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
The Transit Access Pass (TAP) Card is a monthly pass good for MTA travel only.
A process utilizing a multidisciplinary assessment and team approach in working with children and their families. Includes community-based social workers and other child and family service providers that assist the family in identifying local supports that could help reduce stresses and improve family life. Parents play a key role in identifying their needs and the supports that would be most helpful in addressing them. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
The removal of a child from the home of a parent or legal guardian and placement or facilitation of placement of the child in the home of a non-offending parent, relative, foster caregiver; group home or institutional setting.Temporary custody also includes: placing hospital holds on children; situations in which the CSW interrupts an established Family Law Court custody or visitation orders when the CSW believes that if the order is carried out, the child would be placed in immediate risk of abuse, neglect or exploitation and the child is allowed to remain in the home of the non-offending parent; situations in which DCFS requests that law enforcement remove a child from the home of his or her parent/legal guardian and the CSW places the child with a relative or unrelated caregiver; and situations in which the child is living with a relative or an unrelated caregiver and all of the following conditions exist: child’s parent is asking for the child to be returned home, CSW believes that the return of the child to his or her parent would place the child at risk of abuse, neglect or exploitation, CSW does not allow the child to be returned to his or her parent; and, the child remains in the home of the relative or is placed in out-of-home care.
When a child is declared free from the care custody and control of his or her birth parents by court action.
A free legal services organization focused solely on protecting the rights of impoverished, abused and neglected children in Los Angeles County – children in foster care, children with educational disabilities, children who need healthcare or public benefits, and children in need of legal guardianship or adoption.
For the purposes of assigning Dependency Investigation tasks, a traditional residence is a house, an apartment, room(s) in a shared house or apartment, or another residence not included under the definition of non-traditional residence.
Hearing held by the receiving county court to determine if the case transfer request will be accepted.
Hearing held by the sending county court to determine the appropriateness of the transfer request. The court may order a case transferred to a different county during the Transfer-Out Hearing.
A home that has been licensed or approved by an Indian child’s tribe or a tribal organization designated by the Indian child’s tribe, for foster or adoptive placements of an Indian child using standards established by the tribe.
In the context of adoption, a person who has applied to adopt a child but has not been matched with an available child, and is therefore considered "unattached" to a particular child. An applicant for adoption who is not already linked with a specific child to adopt.
In the context of adoption, a child for whom adoption is the identified permanent plan but for whom no prospective adoptive parent has been identified.
A report determined by the investigator conducting the investigation to be false, inherently improbably, to involve an accidental injury, or not constituting child abuse or neglect as defined in Section 11165.6.
An aggressive, standardized approach to infection control which treats all human blood and certain body fluids as if they were known to contain blood-borne pathogens.The extension of blood and body fluid precautions to all patients. Under universal precautions, blood and certain body fluids of all patients are considered potentially infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other bloodborne pathogens. (CDC)
Authorities, e.g. CSWs, law enforcement, etc, have reasonable evidence that a parent is abusive, cannot provide love and support to the child, or will in some significant way interfere with the examination.
The provision of non-court, time-limited protective services to families whose children are in potential danger of abuse, neglect, or exploitation when the children can safely remain in the home with DCFS services. In order to receive VFM services, the family must be willing to accept them and participate in corrective efforts to ensure that the child's protective needs are met. There is a six-month time limit for this service.
The foster care placement of a child by or with the participation of DCFS acting on behalf of CDSS, after the parent(s)/guardian(s) of the child have requested the assistance of DCFS and signed a voluntary placement agreement form.
A legal document filed by DCFS in juvenile dependency court alleging that a child is described under Welfare and Institution Code (WIC) 300.
A hearing will be held no later than 120 days from the date of the Permanency Review Hearing. The purpose of a WIC Section 366.26 hearing is to identify and implement a permanent plan for a dependent child of the court. The court will then make findings and orders in the following order of preference: permanently terminate the rights of the parent or parents and order that the child be placed for adoption; or, without permanently terminating parental rights, identify adoption as the goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days; or, appoint a legal guardian and issue letters of guardianship; or, order that the child be placed in long-term foster care, subject to the periodic review of the court under WIC 366.3.
A request to submit a report to the court when a hearing is not calendared, but the matter requires immediate court attention. Walk-on hearings may be appearance or non-appearance matters.
The Welfare and Institutions Code (WIC) section that describes abuse, neglect, exploitation, and other endangerment situations and conditions whereby a child may be removed from the care and custody of parents or legal guardians and declared a dependent of the court under DCFS supervision.
W-Homes provide foster care to dependent teen parents and their non-dependent children, while assisting the teen parent’s to develop the skills they will need to provide a safe, stable and permanent home for their children. This is not a new licensing category. A W-Home can be a family home, approved relative caregiver or non-relative extended family member’s (NREFM) home, or the home of a non-related legal guardian whose guardianship was established pursuant to WIC Section 366.26 or 360.
A situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.
These include concerns the family, team members or DCFS have related to the safety of the children/youth. The worries help the team identify what is important to ensure a safe and secure future for the children/youth.
Wraparound is a multi-agency initiative. The Wraparound approach is a family-centered, strengths-based, needs-driven planning and service delivery process. It advocates for family-professional partnership to ensure family voice, choice and ownership. Wraparound children and family teams benefits children by working with the family to ensure Permanency. Wraparound is funded through Title IV-E funds. The average length of involvement with the program is 8 months. The primary focus of the program is to keep children out of residential placements and maintain them safely in their family and community.
The practice of using flipchart pads and markers to write all brainstormed team responses to the agenda items during the CFT meeting. Examples of what is charted include: Family goal, non-negotiables, strengths, worries, needs and the plan for "what could go wrong".
Refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for boys and men or girls and women. These influence the ways that people act, interact, and feel about themselves. Gender is different from Sex in that Sex is assigned at birth.
an internal understanding of one’s own gender (e.g. a person’s internal sense of being male, female or something else). Therefore, a transgender person’s gender identity does not match the sex assigned to him or her at birth.
Ideas on what possible needs may be driving a person's behavior.
Matters related to the safety and well-being of the child(ren)/youth that cannot be changed at the present time (e.g. children cannot be supervised by anyone under the influence). Non-negotiables are focused on the "now" and should give the team ideas about the limits to planning and clarity on what cannot be compromised.
A continuous learning process in which you think about your practice, and consciously analyze your decision-making. It is an important tool in developing insight based on professional experiences, drawing on theory and relating it to practice.
A continuous process by which the "right people" for the child, youth and family have formed a CFT that meets, talks and plans together. The CFT has the skills, family knowledge and abilities, necessary to define the strengths and needs of the child and family, in order to organize effective services specific to their needs.
A need is what drives a behavior and what makes a behavior functional for the person. The child and/or youth's needs should be the focus of the teaming process to ensure their safety and well-being. Recognizing the individual and family needs is central to the family-engagement and planning process.
Degree to which the focus child(ren), parents (including the non-custodial parent), family members, and caregivers are active ongoing participants (e.g. having a significant role, voice, choice and influence) in shaping decisions made about child and family strengths and needs, goals, supports and services.