Dual Agency Rates
0900-511.12 | Revision Date: 5/19/2025

Overview

This policy guide provides information on how to obtain or set a dual agency rate for a child, including instruction on rate changes and steps to take when supplement to the dual agency rate is requested.

Table of Contents

Version Summary

This policy guide was updated from the 04/14/2023 version, to incorporate changes made by ACL 24-04, which states that Foster Family Agency (FFA) resource family homes are now eligible to receive the dual agency rate and supplement, if applicable, as of April 9, 2024. 

POLICY

Dual Agency Rates

Children who are California Regional Center (RC) clients, receiving Aide to Families with Dependent Children-Foster Care (AFDC-FC), Approved Relative Caregiver (ARC), Kinship Guardianship Assistance Payments (Kin-GAP), or Adoption Assistance Program (AAP) benefits, and residing in one of the following placements, are eligible to obtain a dual agency rate, per WIC 11464 and 16121.

If the child has co-occurring special health care needs or mental health needs that may warrant additional caregiver training, the dual agency rate and the supplement shall be paid independently and without delay pending the caregiver’s fulfillment of any additional training recommendations.

Eligible placement types are, as follows:

  • Prospective adoptive homes
  • Approved Resource Family Home
  • Tribal Approved Homes (TAH)
  • Relative and nonrelative extended family member (NREFM)
  • Legal Guardians: Dependency - (related and non-related) and Probate - non-related
  • Licensed foster family home not vendored by RC
  • Foster Family Agency (FFA) resource family (RF) homes
  • Approved Relative Caregivers (ARC)
    • ARC funding is for families (relatives only) that are not eligible for federal funds (Resource Family Approval (RFA) denials).

Per ACL 24-04, children/nonminor dependents (NMDs) placed in a FFA RF home are eligible to receive the dual agency rate, and approved supplement, if applicable, if determined eligible or provisionally eligible for RC services under the Lanterman Act. The dual agency children/NMDs placed with a FFA RF home are eligible for the higher of the dual agency rate or Level of Care (LOC) rate plus applicable Specialized Care Increment (SCI).

Dual agency rates are not applicable to group homes/Short-Term Residential Therapeutic Program (STRTP), or community care facilities vendored by RC.

The dual agency rates are as follows:

  • Monthly Dual Agency flat rate (P1) - For children under three (3) years of age with a developmental delay eligible to receive RC Early Start Intervention Services.
    • Note: It is DCFS policy to pay a higher rate, when applicable. Children under three (3) years of age, eligible to receive RC services through Early Start shall also be referred to the LOC Unit for further rate determination. If the LOC Unit determines that the child qualifies for a higher rate, then the LOC Unit will replace the P1 rate with a higher LOC rate. If the child does not qualify for a higher LOC rate, then the P1 rate will remain in place. Contrary to the P1 rate, LOC/SCI rate may continue after RC eligibility termination on child’s third birthday (A new LOC assessment may be required. Please refer to a PG 0900-522.00, Level of Care (LOC) and Specialized Care Increment (SCI) Rate Determinations/Re-determinations).
  • Monthly Dual Agency flat rate (P2) - For children of any age with a lifetime developmental disability (e.g., Autism, Cerebral Palsy, Epilepsy, an Intellectual Disability (i.e., IQ of 70 or below) or Fifth (5th) category (e.g., conditions similar to intellectual disability, such as Down Syndrome, Fetal Alcohol Syndrome, etc.), who are eligible to receive RC services under the Lanterman Act. 
  • Monthly Dual Agency Rate (P2) – For children ages birth to five (5) years old who have been determined provisionally eligible for RC services under the Lanterman Act. Children three (3) years of age and older provisionally eligible for RC services under the Lanterman Act are also eligible to receive the supplement to the rate.
  • For children under the age three (3) years and older, who have been diagnosed with a developmental disability, who are eligible to receive services under the Lanterman Act (either provisional or permanent eligibility), and receive AFDC-FC, ARC, Kin-GAP, or AAP benefits.
    • Please, note that the P2 rate is higher than the highest level of the LOC rate; therefore, the P2 rate shall be always initiated for RC consumers eligible under Lanterman Act, regardless of age (including children under three years of age) and eligibility type (includes provisional).
    • Children ages birth to five (5) years old may qualify for provisional eligibility without needing a diagnosis. Provisional eligibility for RC services is for a child who demonstrates significant functional limitations in at least two major life areas. Provisional eligibility children also qualify for the P2 rate. Provisionally eligible children should be reassessed by the RC at the age of 4 years and 9 months old, to determine if the child has a developmental disability and, therefore, will continue permanent RC eligibility under Lanterman Act after the age five (5) years old. The P2 rate must continue to be provided until there is a final determination (even if this final determination occurs after the child’s 5th birthday) on the RC’s reassessment, including throughout any appeal process. If, upon the final determination, it is determined that the child does not have a developmental disability and does not meet full criteria under Lanterman Act, the child will be discharged from RC services and the dual agency rate must end effective of the ineligibility date.
Rate application upon RC eligibility status change:
  • When the child eligible to receive Early Start RC services no longer qualifies after three (3) years of age:
    • Receiving the P1 rate while in Early Start: The P1 rate stops on child’s third birthday or when the child is reassessed and is no longer eligible for Early Start, whichever date is later; the P1 rate is replaced with Basic rate and the case may be referred to LOC Unit for a LOC and SCI assessment.
    • Receiving a LOC/SCI rate while in Early Start: a new annual LOC/SCI assessment is needed to determine an appropriate LOC/SCI rate;
  • When the child eligible to receive Early Start services is found eligible under Lanterman Act at or after the age three (3) years old (with either provisional or permanent status):
    • Regardless of the rate received while in Early Start, the rate changes to the P2 rate effective the date of eligibility under the Lanterman Act. Additionally, an assessment for the Supplement to the Dual Agency Rate is required for these cases.
    • For children who were under three (3) years old with developmental disability that received a P2 rate, an assessment for the Supplement to the Dual Agency Rate is required once they turn three (3) years of age.

Neither an Individual Program Plan (IPP) nor current receipt of RC services is required for dual agency rate and supplement eligibility. Whether the child or youth has an “active” or “inactive” case with a RC is irrelevant for dual agency rate and supplement eligibility. An eligibility letter or Statement of Eligibility for RC services is sufficient to establish eligibility for the rate.

  • Only an Initial Individualized Family Service Plan (IFSP) can be accepted, but is not required in lieu of the RC eligibility letter or other documentation of eligibility for the children receiving Early Start services (ACL 16-54). For children receiving services under Lanterman Act, the RC eligibility letter or Statement of Eligibility may be submitted. IPPs are not accepted as a proof for eligibility.  Information must be obtained to confirm the date the RC eligibility determination was actually made. RC may send a letter to the caregiver or DCFS confirming RC eligibility, in which the date of the eligibility determination (not the date on a subsequently written letter), must be used.

The effective date of the Dual Agency rate is the RC eligibility date or placement start date or RFA approval date (whichever is latest).  For FFAs, it’s the later of the RC eligibility date or placement start date or April 9, 2024.  All FFA RF homes must be approved prior to placement.

Supplement to the Rate

Only children under Lanterman Act, receiving the P2 rate and three (3) years of age and over are eligible for the supplement to the rates of $250, $500, $750, or $1,000 per month. Children receiving the P2 rate, but under three (3) years of age are not eligible for the supplement to the dual agency rateThe criteria are as follows:

  • The child is three (3) years or older and is receiving AFDC-FC, ARC, Kin-GAP, or AAP benefits.
  • The child is a client/consumer of a RC, or has documentation of eligibility (the child has been diagnosed with a developmental disability under the Lanterman Act) for RC services issued by a RC.
  • The child has extraordinary care and supervision needs that cannot be met by the dual agency rate, including at least one of the following issues:
    • Severe impairment in physical coordination and mobility
    • Severe deficits in self-help skills
    • Severely disruptive or self-injurious behavior
    • A severe medical condition (including severe vision, hearing, or speech impairments)

      The above are general categories. The determination of extraordinary care and supervision required is assessed through the SOC 837 and SOC 836 as outlined in the Requesting the Supplement to the Dual Agency Rate procedures.

When a child/youth is first determined eligible for RC service, the CSW must initiate a dual agency rate.  Children over three (3) years of age must be immediately assessed for the supplemental rate. Additionally, if the caregiver or their representative makes a request to establish or increase the supplement, the RC makes a referral to establish or increase the supplement, or if the CSW determines it is appropriate for the child to establish or increase the supplement, the child should be re-assessed for their eligibility for a supplemental rate. If documentation establishes that the extraordinary care and supervision needs started after the child first became eligible for RC services, the supplement to the dual agency rate shall be paid retroactively to the date those conditions started.  CSWs must track and always assess for the supplemental rate throughout the child’s life as their needs and behaviors may change and require an additional adjustment to the supplement to the rate. 

DCFS must also determine the child’s eligibility for a supplemental rate within ninety (90) days of the request, the RC's referral or upon the CSW’s own initiation of the process for a supplement to the rate. However, per the State’s instruction, the failure of the RC to sign the SOC 837 or to provide information for the assessment of the child’s needs shall not relieve DCFS from timely completion of the assessment within the 90-day timeframe. Staff shall continue with and finalize the assessment and eligibility determination for a supplement to the dual agency rate, and appropriate level of the supplement based on the extraordinary care and supervision needs of a child/youth in consultation with California RC. If after ten (10) business days a RC has not provided information to assist in the completion of the SOC 837, staff shall continue to process the request using other available information, collect information from other professionals and the caregiver or adoptive parent for the completion of the SOC 837 and issue an eligibility determination for a supplement to the rate within the 90-day timeframe based on the most current information available about the child/youth.

As needed, staff may consult with the DCFS Regional Center Support Unit for assistance, and utilize input and recommendations discussed through the Child and Family Team process.

Nonminor Dependents (NMDs)

A Nonminor Dependent (NMD) who is eligible for RC services, is in a qualified placement, and meets all the dual agency rate criteria, is eligible for the dual agency rate and supplement. However, the dual agency rate and supplement cannot be paid if the youth is in a Supervised Independent Living Plan (SILP).

Caregiver Training

Caregivers of dual agency children are not required to complete training to qualify to receive the dual agency rate. As stated above, eligibility for the Dual Agency Rate requires only that the child be eligible for RC services, is receiving AFDC-FC, ARC, Kin-GAP, or AAP, and resides in one of the qualified placements. If the child has co-occurring special health care needs or mental health needs that may warrant additional caregiver training, the Dual Agency Rate and the Supplement shall be paid independently and without delay pending the caregiver’s fulfillment of any additional training recommendations.

Specific standards exist for a parent/caregiver supervising a child with special health care needs All children with medical or physical needs, or a specified condition must be brought to the Public Health Nurse (PHN) for review and provide recommendation(s).

When a dual agency child has a mental health issue(s), in addition to a developmental disability, CSWs must consult with the office’s Service Linkage Specialist (SLS) and/or co-located DMH staff.

If a dual agency child/youth is in a qualified placement, the dual agency rate (and any applicable supplement to the rate), if higher, must be requested, in lieu of a LOC/SCI rate. If the assessed LOC level and/or SCI rate is higher, then the higher rate should be requested. Any higher or additional rate the child qualifies for should be requested. Please refer to PG 0900-522.00, LOC and SCI Rate Determinations/Re-determinations.

PROCEDURE

Requesting a Dual Agency Rate

CSW Responsibilities

  1. Prior to requesting a dual agency rate.
    1. Document that the child is a consumer of and/or eligible for RC Services in CWS/CMS Health Notebook, Summary Page.
    2. Ensure the RC eligibility letter has been uploaded to CWS/CMS "Existing Documents" section in the green folder.
  2. Complete the FCSS Automated DCFS 280, Technical Assistance Action Request to request the appropriate dual agency rate.
    1. Attach verification of the child’s eligibility for RC Services.
      • RC eligibility letter or Statement of Eligibility – make sure the letter includes the date of eligibility. It is the date of eligibility, not the date that the letter is written that must be used.
      • Initial Individualized Family Service Plan (IFSP) can be accepted in lieu of the RC eligibility letter for Early Start
        • IPPs cannot substitute the RC eligibility letter for Lanterman Services 
    2. If simultaneously requesting the dual agency supplement to the rate for the same child, refer to Requesting the Supplement to the Dual Agency Rate.
  3. Document all contacts in the Contact Notebook and all medical information in the Health and Education Notebook in CWS/CMS.

SCSW Responsibilities

  1. Review the FCSS Automated DCFS 280 (or AAP2 for PAS cases) and all attachments.
    1. If approved, submit for ARA's approval.
    2. If not approved, return to the CSW for corrective action.
  2. Review and ensure that the child’s eligibility for RC Services is documented in the Child’s Health Notebook’s Summary Page.
  3. Ensure the correct eligibility documents are attached. DO NOT attach a copy of the psychological evaluation, as this report is not considered a proof for RC eligibility and is a violation of the client's confidentiality.

ARA Responsibilities

  1. Review the FCSS Automated DCFS 280 (or AAP2 for PAS cases) and all attachments.
    1. As appropriate, approve for submission to the TA.
    2. If not approved, return to the CSW for corrective action.

DCFS Regional Center Support Unit Responsibilities

  1. Upon request, assist the CSW with obtaining necessary verification/ documentation from the RC and/or in resolving concerns and issues regarding the rate assessment.
    1. If there is a dispute with the RC that cannot be resolved, consult with the Regional ARA/RA.
    2. If the Regional ARA/RA cannot resolve the dispute, consult with the section's supervisor/manager following the chain of command.

Requesting the Supplement to the Dual Agency Rate

CSW Responsibilities

  1. Inform caregivers caring for dual agency children/youth about the availability of the supplement to the dual agency rate for children determined to have extraordinary care and supervision needs that cannot be met by the basic dual agency rate, and how to request it. Document the provision of this information in the Contact Notebook.
  2. If the caregiver, adoptive parent, or RC make a referral for a supplement to the rate; or when initiating the process of establishing or increasing a supplement; document that contact in the Contact Notebook, including:
    • That a request and/or action for the supplement to the rate was made
    • The identity of the person making the request and/or action
    • The date that the request was received and/or when the action was initiated
  3. Complete and send the requestor and the caregiver (if not the requestor) the DCFS 21A, Letter Acknowledging the Request for Supplemental Rate (available in Spanish).
  4. Review the child’s case records, including documents received from the RC (e.g. IPP) to determine the child’s diagnosis and treatment as recommended by the RC.
  5. Complete a SOC 837, Supplement to the Rate Questionnaire based on the most current information available.
    • This information can be obtained by phone, fax, email, or mail from a RC Service Coordinator or other RC representative, directly from the caregiver, and if needed, other professionals working with the child’s case (e.g. marriage and family therapist, licensed clinical social worker, and medical, educational, or mental health professionals).
    • If the RC representative states that their agency’s policy is to not sign the SOC 837, the CSW must document on the SOC 837 the name of the RC Service Coordinator, with the date they declined to sign.
    • If after ten (10) business days, a RC has not provided information to assist in the completion of the SOC 837, continue to process the request using other available information; collect information from other professionals and the caregiver or adoptive parent for the completion of the SOC 837, and issue an eligibility determination for a supplement to the rate within the 90-day timeframe based on the most current information available about the child/youth..
  6. Complete the SOC 836, Supplement to the Rate Eligibility Form (or SOC 835, Supplement to the Dual Agency Rate - Multiple Questionnaire Worksheet, if multiple SOC 837’s were used) using information on the SOC 837, to determine eligibility for, and the appropriate level of the supplement to the rate.
  7. Forward the completed SOC 837, and if requested by the RC, the SOC 835 or SOC 836 (as applicable) via email, or mail to the representative who provided the information. 
  8. If the request for the supplement is approved:
    1. Complete the FCSS Automated DCFS 280, (or AAP 2 in PAS cases), requesting for the supplement to the rate, and noting the effective date. Caregivers must receive the Supplement to the Dual Agency rate retroactively to when the child three years or older was first made eligible for RC services as long as the extraordinary care and supervision needs existed at that time. If documentation establishes that the extraordinary care and supervision needs started after the child first became eligible for RC services, the Supplement to the Dual Agency Rate shall be paid retroactively to the date those conditions started.
    2. Attach the SOC 837, SOC 836, or SOC 835 (if multiple SOC 837 forms were completed by several professionals) to the DCFS 280 for SCSW's review and approval.
    3. After SCSW and ARA approval and signature, the DCFS 280 (AAP 2 for PAS cases) is forwarded to the TA/EW, with the attached SOC 837, SOC 836, or SOC 835 (if multiple SOC 837 forms were completed by several professionals) and verification of RC eligibility such as IPP or RC letter.
  9. If the request for the supplement is denied:
    1. Submit the FCSS Automated DCFS 280 (or AAP 2 for PAS cases) requesting that a NOA pertaining to the denial of the supplement to the rate be send to the caregiver, including the date of the denial.
  10. File copies of the completed DCFS 280 (or AAP 2 for PAS cases), SOC 837, SOC 836, or SOC 835 (if applicable), in the child’s Service Eligibility Folder (yellow).
  11. Upon request, provide copies of completed SOC 836 and SOC 837 to the caregiver or adoptive parent.
  12. If a disagreement arises with the caregiver, adoptive parents, and/or RC regarding the rate, consult with the SCSW. If the SCSW cannot resolve the disagreement, consult with the DCFS Regional Center Support Unit.
  13. Document all contacts in the Contact Notebook and all medical information in the Health and Education Notebook on CWS/CMS.
    • If there is new medical information gathered in the process of completing the SOC 837, provide this information/documentation to the PHN.

SCSW Responsibilities

  1. Review the FCSS automated DCFS 280 (or AAP 2 for PAS cases) and all attachments.
    1. If approved, return to CSW for submission to the TA/EW and forward to the ARA for approval and signature.
    2. If not approved, return to the CSW for corrective action.

ARA Responsibilities

  1. Review the FCSS Automated DCFS 280 (or AAP 2 for PAS cases) and all attachments.
    1. As appropriate, approve for submission to the TA/EW.
    2. If not approved, return to CSW for corrective action.

Rate Changes

CSW Responsibilities

  1. For a child receiving Early Start Intervention Services, who has not yet been determined to have a developmental disability, contact the RC and/or caregiver thirty (30) days before the child turns three (3) years old to request verification of whether or not the child will still be eligible for RC Services after turning three (3) years old.
    1. If the child remains eligible after turning three (3) years old, or when the child is reassessed and is no longer participating in Early Start, whichever date is later; submit the FCSS Automated DCFS 280, requesting the appropriate rate.
    2. If the child is not found eligible for ongoing RC Services after age three (3) years old under Lanterman Act, submit the FCSS Automated DCFS 280 to request that the dual agency rate be changed to the appropriate basic rate, LOC rate or SCI rate (as appropriate). Consult, as applicable, with the PHN, LOC Unit or D-Rate Clinical Evaluator to determine if the child may qualify for an SCI (D and F rates only apply to those cases in which legal guardianship was established prior to 01/01/2017).
  2. If there are changes affecting the dual agency rate such as:
    • Verification and/or any information received that states a child is no longer eligible for RC Services, Early Start Services or AFDC-FC/ARC/Kin-GAP/AAP
    • A child receiving Early Start Intervention Services is determined to have a qualifying disability under the Lanterman Act and can receive the monthly dual agency flat rate prior to turning three years old.
  3. As applicable:
      1. Submit the FCSS Automated DCFS 280 (or AAP 2 for PAS cases) requesting to change to the appropriate rate.
      2. Notify the Eligibility Worker (EW) that the child is no longer eligible for the dual agency rate.
      3. Attach any supporting documentation from the RC.
      4. For children who are no longer eligible for Early Start Program Services, consult as applicable, with the PHN, LOC Unit or D-rate Clinical Evaluator to determine if the child may qualify for a SCI/appropriate LOC level rate.  (D and F rates only apply to those cases in which legal guardianship was established prior to 01/01/2017).
        1. Refer the child to other available services or resources in the community (as appropriate).
  4. If a disagreement arises with the caregiver and/or RC regarding the rate, consult with the SCSW. If the SCSW cannot resolve the disagreement, consult with the DCFS Regional Center Support Unit.
  5. Document all contacts in the Contact Notebook and all medical information in the Health and Education Notebook in CWS/CMS. If the child has been found to be no longer eligible for RC services, enter the end-date in the Health Notebook Summary Page.
APPROVALS

SCSW Approval

  • FCSS Automated DCFS 280
  • AAP 2

ARA Approval

  • FCSS Automated DCFS 280 when requesting the dual agency rate or the dual agency supplement to the rate
  • AAP 2 for PAS cases when requesting the dual agency rate or the dual agency supplement to the rate
HELPFUL LINKS

Attachments

Dual Agency Children/Youth – Medical Needs and Dual Agency Children/Youth – Mental Health Needs

Entering Regional Center Services into CWS/CMS

Effective Date of Eligibility for the Supplement to the Dual Agency Rate

Forms

CWS/CMS

AD 4320, Adoption Assistance Agreement

Health and Education Passport

NOA 290, Rate Change

NOA 290, Denial

LA Kids

Automated FCSS DCFS 280, Technical Assistance Action Request

AAP 2, Payment Instructions Adoptions Assistance Program

DCFS 149A, Medical Care Assessment

DCFS 21A, Letter Acknowledging the Request for a Supplemental Rate

DCFS 21A (Spanish), Letter Acknowledging the Request for a Supplemental Rate

DCFS 280, Technical Assistant Action Request

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

REFERENCED POLICY GUIDES

0070-516.10, Assessing a Child’s Development & Referring to a Regional Center

0070-560.05, Joint Response Referral: Consulting with PHN

0100-520.35, Kinship Guardianship Assistance Payment (Kin-GAP) Program

0100-560.40, Supervised Independent Living Placement (SILP)

0200-511.05, Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits

0600-530.00, Public Health Nurses (PHNs): Roles and Responsibilities

0600-505.10, Placing Children with Special Health Care Needs

0900-522.00, Level of Care (LOC) and Specialized Care Increment (SCI) Rate Determinations/Re-determinations

1000-504.10, Case Transfer Criteria and Procedures

FYI 24-19, Rates for Placement and Related Services

STATUTES AND OTHER MANDATES

All County Letter 08-54 – Provides instructions regarding the supplement to the Regional Center rate.

ACL 08-17 – Provides instructions regarding the Dual Agency Rate

ACL 16-54 – States that neither an Individual Program Plan (IPP) nor current receipt of regional center services is required for dual agency rate eligibility

ACL 17-67 - States in pertinent part that the failure of the regional center to sign the SOC 837 or to provide information for the assessment of the child’s needs shall not relieve the county from timely completion of the assessment for the dual agency supplemental rate.

ACL 17-112 – States that ARC recipients are eligible for the dual agency rate

ACL 24-04 - States that Foster Family Agency (FFA) resource family homes are eligible to receive the dual agency rate and approved supplement. 

Welfare and Institutions Code (WIC) Section 17710 – Defines a child with special health care needs and an individualized health care plan team, including a list of medical conditions covered and the in-home health care to be provided by the caregiver.

WIC Section 4512(a) – States in part that “developmental disability” means a disability that originates before an individual attains age eighteen (18), and continues, or can be expected to continue, indefinitely, and constitutes a disability for the individual. This term includes mental retardation, cerebral palsy, epilepsy, and autism. It also includes disabling conditions found to be closely related to mental retardation or that require treatment similar to that required for individuals with mental retardations.

WIC Section 11364 – Describes the Kinship Guardianship Assistance Payment Program including specialized care increment, dual agency rate and clothing allowance.

WIC Section 11464(a) – States in part that children who are consumers of Regional Center Services who also receive AFDC-FC or AAP benefits have special needs that may require care and supervision beyond what is typically provided in foster care. To address these needs, it is necessary to provide a rate for care and supervision that is higher than the average rate they would otherwise receive.

WIC Section 11464(c-f) – Sets forth the criteria, requirements, and appropriate dual agency and supplement to the rates.

WIC Section 11464 (c)(2)(A) – Authorizes the supplement to the dual agency rate.