Services for Minor and Nonminor Dependent (NMD) Parents
0100-510.40 | Revision Date: 3/7/2022

Overview

This policy guide instructs staff on how to assess the safety of expectant and/or parenting minor/NMD's children.  This policy guide also provides staff with placement services and helpful resources.

Table of Contents

Version Summary

This policy guide was updated from the 04/20/16 version to reflect changes to WIC 361.8 regarding the assessment of risk of abuse or neglect of a child of a minor parent or nonminor dependent (NMD) parent. Gender binary language has been updated with gender-neutral language.

POLICY

Reproductive Health Care

Youth are also able to go to any health care provider of their choice, including Planned Parenthood. Refer to PG 0600-507.10, Youth Reproductive Health and Pregnancy,  and FYI 17-36, Know Your Rights for Sexual Health Services and Sexual Health Services Available at the Medical Hub Clinics, and Reproductive Health Resources for Youth for detailed reproductive health care information.

Assessment of Risk of Abuse or Neglect

The child of a minor parent or nonminor (NMD) dependent parent must not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent's or parents' placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect.

Placement Services and Requirements

DCFS seeks to maintain the continuity of the Minor/NMD Parent Family Unit by ensuring minor and NMD parents and their children are placed together in the most family-like setting possible, unless it has been determined that placement together poses a risk to the child.  Every attempt must be made to locate foster parents or other placement models willing to provide Whole Family Placement and supportive family focused care for the parenting minor/NMD and their child(ren), including the option of a Supervised Independent Living Placement (SILP) for an AB-12 parenting minor/NMD. CSWs should exhaust all efforts to locate a relative, NREFM, other family home, or foster family placement for the expectant or parenting minor prior to placing them in a STRTP setting. If CSW is struggling to find a placement for the expectant or parenting minor/NMD, the CSW should refer the case to an APT worker to aid the CSW in placing the minor/NMD in a family home setting. If the CSW has exhausted all efforts to find a family setting for the minor/NMD and has decided to place the minor/NMD in a STRTP, the CSW must notify the minor's attorney prior to placing the minor/NMD in a STRTP via the use of the DCFS 5402.

If the parenting minor/NMD agrees, the family should be referred for an Expectant and Parenting Youth (EPY) Conference. The conference should be offered to every expectant or parenting minor/NMD. An EPY Conference is available for any expectant or parenting minor/NMD under DCFS supervision, including fathers, to identify and discuss issues related to pregnancy and early stages of child rearing, as well as services and resources related to the minor/NMD’s successful transition to independence, including education, housing, employment, childcare and mental health. Expectant and parenting youth should be encouraged to invite individuals who are part of their “village” (the baby’s other parent, friends, family, mentors, etc.), to participate in the conference.

CSWs must select and maintain foster care placements that demonstrate a willingness and ability to provide support and assistance to dependent minor/NMD parents and their children.

Minor/NMD parents and their children living in foster care must be provided access to existing services for which they may be eligible that are specifically targeted at supporting, maintaining, and developing both the parent-child bond and the minor/NMD parent's ability to provide a permanent and safe home for the child.  The minor/NMD parent must be encouraged and allowed the opportunity to attend school, complete homework, and participate in age and developmentally appropriate activities unrelated to and separate from parenting.

Contact between the child, the custodial parent, and the non-custodial parent must be facilitated unless the court finds that such contact would be detrimental to the dependent parent or child.

The caregiver of a minor/NMD expectant or parenting youth should be provided with information on the Whole Family Foster Home (WFFH) certification process (including dates and locations of certification classes), Shared Responsibility Plans, SRPs, and corresponding payment rates.

Non-Custodial Parent

The child of a minor/NMD parent, who is under DCFS supervision, must be provided the opportunity to have a relationship with both parents.  For dependent children of minor/NMD parent(s), as part of the assessment of the family, the non-custodial parent’s commitment to the child, including their ability and willingness to provide child support and appropriateness as a parental figure must be included.  Neither the age difference of the parents, nor the custodial parent’s reluctance to involve the non-custodial parent can prevent family time between the non-custodial parent and the child.  However, age difference and the relationship between the parents, in addition to commitment to the child, willingness to support the child, etc., are factors to consider in determining the appropriateness of the individual as a parental figure.

Non-custodial parents who have a commitment to their child(ren) and who have been assessed by the CSW to be appropriate parental figures should be encouraged to develop a relationship with their children.  The non-custodial parent’s family time plan with their child must be included in the case plan and discussed with the custodial parent and, if applicable, with the custodial minor/NMD parent’s out-of-home caregiver and case-carrying CSW.

If the non-custodial parent is a DCFS supervised youth, family time must be arranged through a team planning process involving the non-custodial minor/NMD parent, the custodial parent, any out-of-home caregiver, the minor/NMD parent’s case-carrying CSW, and any other support person.  The family time plan is to be included in the case plan for the child, when applicable, and the minor/NMD parent.  If there is a different case-carrying CSW for the dependent child of the parent, they are responsible for developing the case plan for the dependent child and including parental family time.  The case-carrying CSW for the non-custodial minor/NMD parent is responsible for developing a case plan for the non-custodial minor/NMD parent that supports the minor/NMD parent's family time with their child and the development of their parenting skills. For further information on developing the family time plan, refer to Procedural Guide 0400-504.00, Family Time.

If the non-custodial parent lacks parenting skills or has a negative relationship with the custodial parent, services to assist the non-custodial parent in developing parenting skills or improving their relationship should be made part of the appropriate case plan(s).  Monitoring of the non-custodial parent’s follow-through with the case plan will help determine the appropriateness of ongoing involvement with their child.  If the non-custodial parent’s involvement with their child is unsafe or detrimental to the child, the custodial parent should be assisted in obtaining legal safeguards such as restraining and custody orders. CSW is to assess whether filing a petition and seeking detention from the non-custodial parent is appropriate.

If the minor/NMD parent (either custodial or non-custodial) resides in out-of-home care, the caregiver must be involved in the case plan regarding parent/child family time and parenting skills-building.  Failure to cooperate with the case plan is a quality-of-life issue and must be reported to the Child Protection Hotline.

When to Make a Referral to CPH or Law Enforcement

CSWs should make a report to law enforcement in cases where the age difference is as described below any time there is a reasonable suspicion that the sexual activity was coerced or not voluntary, and any time there is reasonable suspicion that the sexual activity involved sexual exploitation or trafficking. In either case, the CSW must ensure that a child abuse report is made with DCFS and that a cross report is made to local law enforcement. In the absence of an emergency, prior to disclosure, the CSW must inform the youth that they will be disclosing this information and explain the reason for that disclosure.

Age Difference

Any person who engages in an act of sexual intercourse with a minor may be guilty of a misdemeanor. Perpetrators who are more than three (3) years older than the minor, or any perpetrator age twenty-one (21) or older when the minor is under sixteen (16) years of age, has committed either a misdemeanor or a felony. See Penal Code section 261.5 for more examples.

Sexual Activity That Is Coerced or in Any Other Way Not Voluntary

Mandated reporters must report if they have a reasonable suspicion that intercourse with a minor was coerced, or in any other way not voluntary. For example, sexual activity is not voluntary when the victim is unconscious or so intoxicated that they cannot resist. See Penal Code sections 261 and 11165.1, for more examples.

Sexual Activity That Involves Sexual Exploitation or Trafficking

Mandated reporters must report if they have a reasonable suspicion that a minor has been sexually trafficked or is being sexually exploited. Child pornography is sexual exploitation, as is the provision of food, shelter, or payment to a child in exchange for any sexual act described in Penal Code section 11165.1.

CSWs must make a report to law enforcement in cases where the minor reports that the sexual activity occurred under any circumstance where there is a reasonable suspicion that the sexual activity was coerced or in any way not voluntary. These include, but are not limited to:

  • While the minor was unconscious, intoxicated or lacked the mental, developmental or physical capacity to give legal consent; or
  • Was accomplished against the minor's will by means of force, violence or fear of immediate bodily injury; or
  • The minor is a victim of commercial sexual exploitation, or other sexual exploitation.

Family Time

When a minor/NMD parent in foster care has custody of the child and the child is not a dependent of the court, visitation among the minor/NMD parent, the non-dependent child's non-custodial parent, and appropriate family members is to be ordered by the court, unless the court finds clear and convincing evidence that family time would be detrimental to the minor/NMD parent or child.  CSWs should arrange visits as determined by the case plan and the court's order.

Placement Types, Rates, and Requirements

Minor/NMD parents must be placed with their non-dependent or dependent child/ren whenever possible while the minor/NMD parent is in foster care, unless the child has been detained from the minor/NMD parent or the minor/NMD parent has voluntarily elected to make a plan for the child to reside elsewhere.

The Early Infant Supplement (EIS) is for DCFS-supervised expectant youth in placement to purchase items or services to help prepare for the birth of their infant. EIS monthly payment of $415.00 is for expectant youth in the 7th, 8th, and 9th month of pregnancy, prior to the birth of the baby. For expectant youth who have not reached the age of majority (18 years old), EIS payments are issued to the out-of-home caregiver. For expectant NMDs, EIS payments are issued directly to the youth, unless a specialized caregiving circumstance warrants otherwise.

EIS applications will only be accepted until the expected delivery date provided by the healthcare provider, or until the birth of the infant, whichever occurs first.

Expectant youth residing in the home of one or both parents (HOP) are not eligible to receive EIS payments from DCFS since they are eligible to receive financial assistance from the Department of Public Social Services (DPSS) to prepare for the birth of their baby. However, if an expectant youth residing in the home of a parent is denied assistance by DPSS due to not having an eligible immigration status, DCFS will provide EIS payments with verification from DPSS that the expectant youth is ineligible for assistance.

After the birth of the child, EIS payments will no longer be issued; however, if the newborn remains under the care of the youth, a referral for an Infant Supplement payment should be made by submitting a DCFS 280 request to the TA/EW, and also requesting Medi-cal be issued for the infant.

Any resource family, including FFA resource parents, willing to care for an expectant or parenting minor or NMD can do so as long as the home has the required space for the infant, if the infant remains in the care of the parenting minor/NMD. For parenting minors and NMDs with primary custody of their child, the case carrying CSW should request that an Infant Supplement payment be initiated as of the infant’s date of birth, as well as requesting Medi-Cal Coverage for the infant. Infant Supplement payments for a non-detained baby are currently $900.00 per month for resource family and FFA caregivers, and $1,379.00 per month for STRTPs. Not all STRTPs are able to accept and care for expectant and/or parenting youth. At this time, there are two STRTPs that are designed to provide placements services for DCFS expectant and custodial parenting youth: St. Anne’s, and Mary’s Path (aka Mary’s Shelter).

For NMD parenting youth residing in a SILP with their non-dependent child(ren), the Early Infant Supplement and Infant Supplement rate in paid directly to the youth, in addition to the youth’s SILP payment.

Whole Family Foster Home (WFFH)

The purpose of WFFHs is to provide out-of-home care to dependent teens and their non-dependent children, while assisting the minor/NMD parents in developing the skills they will need to provide a safe, stable, and permanent home for their children.  A WFFH can be:

  • A new or established foster family home
  • Approved relative caregiver or a nonrelative extended family member's home
  • The home of a nonrelated legal guardian whose guardianship was established pursuant to WIC 366.26 or 360
  • A certified home of a foster family agency (FFA)

Group homes may not become WFFHs.

When using a WFFH, it is the CSW's responsibility to assess the appropriateness of the home and to help prepare the home for the infant/toddler, keeping the following in consideration:

  • The caregiver has the space to accommodate an infant/toddler;
  • The caregiver has an age- and size-appropriate, safe/sturdy bassinet or crib, car seat, and age appropriate toys;
  • Swimming pools, spas, and other bodies of water are inaccessible to the infant/toddler.

Whole Family Foster Home (WFFH) Infant Supplement Rate

The Infant Supplement Rate for a Whole Family Foster Home (WFFH) certified caregiver is currently the same as for non-WFFH certified caregivers. The benefit to utilizing a WFFH for a parenting youth with a non-detained child, is that the caregiver has received specialized education/training to work with a parenting youth. In addition, the WFFH caregiver is eligible to receive an additional $200.00 monthly stipend if the WFFH caregiver completes a Shared Responsibility Plan (SRP) with the youth, which is then approved by the case-carrying CSW and SCSW.

Whole Family Foster Home Initial Certification and Annual Re-Certification

An RFA approved caregiver, whether or not they were approved by DCFS or another agency, must successfully complete 16 hours of specialized, DCFS-approved training to receive initial certification as a WFFH provider and 4 hours of training annually for re-certification. The caregiver must provide a copy of their initial completion certificate to the CSW.

Shared Responsibility Plan (SRP)

A WFFH certified caregiver and the minor/NMD parent have the option to develop a Shared Responsibility Plan (SRP).  The SRP is created to help develop the parent-child bond, assist the minor/NMD parent in their transition to independence, and create a successful, supportive, and nurturing placement for both the minor/NMD parent and child.  In addition, the SRP provides clear, realistic guidelines for both the minor/NMD parent and the adult caregiver as to the responsibilities of each.

The SRP is a written agreement between the dependent minor/NMD parent and their caregiver about the duties, rights, and responsibilities each has with regard to the minor/NMD parent's nondependent child.  The SRP does the following:

  • Allows the minor/NMD parent and the foster parent to know what their responsibilities are in regards to the care of the child.
  • Includes strategies for dealing with miscommunication or disagreement between the dependent minor/NMD parent and the foster parent about care of the child.
  • Identifies supportive services to be offered to the minor/NMD parent by the caregiver or the FFA providing direct and immediate supervision to the caregiver, or both.
  • Supports the teen parent's case plan and any family time orders made by the court.

Because things can change from week to week, the SPR must be flexible.  It might be necessary to review and revise the SRP Weekly Planner on a weekly basis (or even more frequently).

If an SRP is developed, it must be done by the minor/NMD parent and the WFFH certified caregiver in collaboration with the CSW.  The SRP must be designed to preserve, strengthen and maintain the continuity of the minor/NMD parent family unit, to facilitate a supportive home environment for the minor/NMD parent and the child, and to ultimately enable the minor/NMD parent to independently provide a safe, stable, and permanent home for the child.  The SRP must not limit the minor/NMD parent's legal right to make decisions regarding the care, custody, and control of the child.

SRP Rate

The caregiver will receive an additional $200 a month (SRP rate).  The SRP rate is available for each non-dependent child for whom an SRP has been developed.

CSWs are to develop the SRP with the WFFH certified caregiver and minor/NMD parent within 30 days of placement of the minor/NMD parent and their non-dependent child.  If the CSW and/or the FFA social worker are not able to participate in the creation of the SRP within 30 days of placement, then the caregiver and the minor/NMD parent may develop an SRP on their own.  However, the SRP must be reviewed and approved by the CSW who will submit it to the EW/TA to initiate the SRP rate.  Copies of the SRP are to be provided to the teen parent, their attorney, the caregiver, and the FFA.

Every six (6) months, the SRP must be reviewed, updated if necessary, reauthorized by the CSW, and resubmitted to the EW/TA for continuation of the SRP rate.  If the SRP is not reauthorized by the CSW and resubmitted to the EW/TA, the SRP payment will be discontinued.

CSWs must document the effectiveness of the approved SRP in the DCFS case record.  The SRP remains in effect as long as it is relevant and may be amended at any time to meet the current needs of the family.  As soon as any changes are made to a previously approved SRP, the caregiver must advise the CSW.

Parenting Support Plan (PSP)

A NMD Parent residing in a SILP with their non-dependent child, may obtain the PSP Rate by entering into a Parenting Support Plan (PSP) with an identified and approved responsible adult mentor.

The PSP Rate is $200 and is equivalent to the rate available when a minor parent in a Whole Family Foster Home (WFFH) enters into a Shared Responsibility Plan (SRP) with the WFFH-certified foster parent, and is paid directly to the parenting NMD.

The PSP is written for the express purpose of identifying additional support and assisting the NMD parent in providing the best care plan for their child. The PSP must specifically outline the ways in which the adult mentor will assist the NMD parent with regard to the child in addition to identifying supportive services to be offered to the NMD parent. Upon placement of a NMD parent in an approved SILP, the CSW should inform the NMD of the option to enter into a PSP and, if the NMD parent wants to enter into a PSP, the CSW should assist the NMD parent in identifying an adult mentor and developing the PSP with that adult mentor.

When the adult mentor and the NMD parent have developed the PSP in cooperation with the CSW, the PSP rate will be initiated by DCFS. Additional input may be provided by any individuals identified by the NMD parent, the non-custodial parent, and other family members. For eligibility criteria of an adult mentor, refer to FYI 19-13, Additional Payment Available for Nonminor Dependent (NMD) Parent in a Supervised Independent Living Placement (SILP).

The PSP must be reviewed and approved by the CSW and SCSW. The CSW submits the approved PSP to the EW/TA to initiate the PSP rate. Refer to the attached screen shot: “Instruction for the CSW to Initiate an Approved PSP Rate Via the Automated 280 in the Foster Care Search System (FCSS)” for instruction. A copy of the approved PSP must be attached to the FCSS Automated 280 request.

Upon receipt of the FCSS Automated 280 request and a copy of the PSP, the Eligibility Worker (case-carrying or Technical Assistance) will data enter the payment to the NMDs case per existing procedure.

Kin-GAP Home

Relative caregivers, who, prior to Kin-GAP, were WFFH certified while the minor/NMD parent family unit was placed in their home, will continue to receive the WFFH Infant Supplement Rate under KinGAP for the minor/NMD parent's child.  Additionally, KinGAP recipients who were designated as a WFFH and who received the same payment while the minor/NMD parent was in foster care may continue to receive the same payment amount.  A new SRP is not required.  The previous SRP remains in effect as long as it is relevant and meets the current needs of the family.

Foster Family Agency (FFA) Responsibilities

FFAs are responsible for appropriate recruitment and training of WFFH certified foster families.  FFAs of certified WFFH caregivers are required to have a DCFS-approved Teen Parent Program. An FFA representative, who provides direct and immediate supervision to the caregiver, develops the SRP along with the caregiver and minor/NMD parent.  The SRP is to outline the duties, rights, and responsibilities of the minor/NMD parent and the caregiver with regard to the child, and identify supportive services to be offered to the minor/NMD parent by the caregiver and the FFA providing direct and immediate supervision to the caregiver, or both.  Assistance with development, approval, and monitoring of the SRP is considered part of the FFA's on-going administrative support to caregivers.  The SRP rate to care for a non-dependent child placed with the dependent minor/NMD parent in a FFA certified home, where the WFFH certified caregiver and the minor/NMD parent have a SRP, must be passed on to the WFFH certified caregiver.  FFAs must ensure that the CSW has a current copy of the SRP and any subsequent updates, as well as maintain one copy within the FFA.

Group Home Rates/Short-Term Residential Therapeutic Program (STRTP)

A dependent minor/NMD parent and their dependent infant, placed together in a group home, receive an age appropriate Rate Classification Level (RCL) group home rate for each dependent placement.

DPSS Services Assessment

Minor Parent Rule

Non-dependent minors can get cash aid (CalWorks) if they meet all of the following conditions:

  • under 18 years of age,
  • has never been married,
  • is pregnant or has a non-dependent child in their care, only if they and the non-dependent child reside with parent(s), legal guardian, or other adult relative.

The cash aid will be paid to the parent, legal guardian, or other adult relative on behalf of the minor parent.

The WIC Minor Parent Rule does not apply to expectant or parenting minors in any of the following circumstances, but cash aid may be available under any of these exemptions:

  • The minor parent has no parent or legal guardian who is living, or whose whereabouts are known.
  • The minor parent has no parent or legal guardian who will allow the minor parent to live in their home.
  • The CSW determines that the physical or emotional health or safety of the minor parent or her/his child(ren) would be jeopardized if the minor parent and their child(ren) lived in the same residence with the minor parent’s own parent, legal guardian, or other adult relative.
  • The minor parent has lived apart from their parent(s) or legal guardian(s) for a period of at least one year before either the birth o f their child or the minor parent having made an application for the cash aid.
  • The minor is legally emancipated.

DPSS Referral of Minor Parent under the Minor Parent Rule

Referral of a Minor Parent as specified in the WIC Minor Parent Rule occurs when a minor parent applies for AFDC and alleges that their physical or emotional health or safety, or that of their child(ren), would be jeopardized if they lived in the same residence with their parent, legal guardian or other adult relative.  DPSS eligibility staff will not make a final determination about granting aid, except in cases where Immediate Need is requested, until a DCFS Minor Parent Program Children’s Social Worker (CSW) informs the DPSS eligibility staff whether the minor parent and their child(ren) can safely reside in their parent's, legal guardian's or other adult relative's home.

DCFS has an assigned CSW to process DPSS Minor Parent referrals. These DPSS Minor Parent referrals are forwarded to Metro North Administration Attn: Assistant Regional Administrator, Shelby Ellis, (213) 763-1533; Fax (213) 763-7015.

Within twenty (20) calendar days of receiving a referral, via the DPSS CW25, Supplemental Statement of Facts – Minor Parent form, the CSW must complete an in-person investigation of the allegation to determine whether the physical or emotional health or safety of the minor parent or child(ren) would be jeopardized if they lived in the same residence with the minor parent's own parent, legal guardian or other adult relative.

DPSS Referral of Minor Parent Exempt from the Minor Parent Rule

If the expectantor parenting minor and theirchild(ren) cannot safely return to the home of the minor's parent(s) or legal guardian, the CSW must determine if the pregnant or parenting minor and their child(ren) can remain safely in their current living arrangement (for example a minor parent is living with their partner or partner's family).  If the expectantor parenting minor and her/his child(ren) are not safe, then an alternative plan must be developed.  The expectantor parenting minor and their child(ren) must move into an approved adult-supervised setting or enter foster care.

PROCEDURE

Dependent Minor Parent is Residing at Home and Receiving Family Maintenance (FM) Services

CSW Responsibilities

  1. Assess the minor parent's ability to care for the infant and what services can be provided to assist in parenting.  In the assessment, consider the attitude of the minor parent's caregiver to provide assistance to the minor parent.
  2. Prior to documenting any health information about the teen parent's non-dependent child, obtain the minor parent' s express permission.Inform the parenting minor that they have the right to speak with their attorney prior to giving any consent or signing any documents.
    1. Have the minor parent sign the Parenting Minor or Nonminor Dependent's Consent to Document and Share Their Non-Dependent Child's Health Education form.
  3. When appropriate, invite a DCFS Public Health Nurse to participate in the assessment.
  4. Attempt to identify the father of the non-dependent infant/toddler and assess his interest in and ability to parent the child.
    1. Ensure father is added to the family in the Client Notebook.
  5. Consult with the SCSW.
    1. Determine if there is a need for DCFS intervention with respect to the infant's safety.
    2. Document the consultation and resulting decision in the Contact Notebook.
  6. If the minor agrees, refer the family for a PPT conference.
  7. If it is determined there is no need for DCFS intervention:
    • Assist the minor parent and the caregiver in addressing the minor parent's educational and child care needs.  Refer the minor parent to community resources for minor parents.
    • Refer the minor parent and the caregiver to the Department of Public Social Services (DPSS).  A parent or adult relative caring for an unmarried minor parent may be eligible to receive assistance.
  8. If the non-custodial parent has been located, determine if they are under DCFS supervision. 
    • If they are, contact their CSW and after consultation, refer as appropriate to the community-based programs.  If appropriate, suggest an EPY conference to include the custodial and non-custodial parent to discuss co-parenting and family time plans.
    • If the non-custodial parent is not under DCFS supervision, refer them directly to community-based programs.
  9. If it is determined that intervention by DCFS is necessary, make a child abuse referral to the CPH and notify the minor parent’s attorney
    1. Document the referral and referral number in the Contact Notebook.
    2. Notify the minor parent’s attorney that a child abuse referral has been made to the CPH.
  10. After the referral on the infant is received in the regional office from CPH, assess the level of services necessary to ensure the infant's safety. 
    1. Consider whether the use of community resources, including Family Preservation services, might allow the infant to remain safely with the minor parent under a Voluntary Family Maintenance (VFM) plan. 
    2. Consult with the SCSW regarding the advisability of a VFM plan for the infant. Please note that there must be a substantiated allegation before voluntary services may be offered.
      • If the infant is not under the Dependency Court supervision, DCFS has no authority to exercise control over the infant.
      • Failure to enter into a VFM alone is not sufficient cause to detain the infant.
  11. If it appears the infant may safely remain with the minor/NMD parent under a VFM/VFR plan:
    1. Inform the minor parent that the law requires that they must consult with their court appointed attorney prior to entering into a VFM contract with DCFS and discuss with them the benefits in doing so.
    2. Completed the DCFS 5402 and fax it, along with a copy of the proposed Case Plan, to the attorney representing the minor/NMD parent.
    3. Print a fax confirmation sheet and attach it to the DCFS 5402 to be filed in the Court Documents folder.
    4. Do not have the minor/NMD parent sign the Case Plan until after they have consulted with their attorney.
    5. Ensure and expedite the consultation between the minor/NMD parent and their attorney, including provision of the attorney's contact information to the minor parent.
    6. Send a letter to the minor/NMD parent's attorney confirming that the CSW has been notified that the dependent minor parent has consulted with their attorney.
    7. Attach a copy of the letter to the DCFS 5402 to be filed in the Contact Notebook.
    8. Once it has been confirmed that the teen minor/NMD parent has had the opportunity to consult with their attorney, the teen minor/NMD parent may sign the Case Plan.
    9. Document all contacts and actions taken in the Contact Notebook.
  12. If the minor/NMD parent agrees to a VFM plan/contract:
    1. Promote the infant's referral to a case
    2. If the non-custodial parent has been located, enter the name, address, phone number, and medical history into the infant's Client Notebook.
    3. Develop an Initial Case Plan for the infant for providing VFM services.  If a non-DCFS supervised non-custodial parent is willing, include them in the Case Plan.
    4. If the non-custodial parent is a DCFS supervised minor/NMD, follow the steps outlined in #11 prior to their inclusion in the Case Plan. 
    5. Review the Initial Case Plan for the infant with the teen parent and, if available, the non-custodial parent.  Obtain the required signatures.
    6. Discuss with the minor/NMD parent and their caregiver, the caregiver's responsibility to provide support and assistance, as needed, to the parent and their infant.
  13. If, after consultation with the SCSW, it does not appear the infant can be safely maintained in the home with the minor/NMD parent, consider the following options:
    • If appropriate, and the youth agrees, referring the minor/NMD for an EPY Conference.
    • Filing a petition to make the infant a dependent of the court and placing the infant in protective custody.
    • Seeking a placement for the infant that will accommodate a very high frequency of contact between the minor/NMD parent and the infant.
    • Consider a voluntary placement for the infant under a Voluntary Family Reunification (VFR) plan.
  14. If the minor parent agrees to a VFR contract, follow the steps outlined in Voluntary Placement.
    1. To facilitate maintenance of the Minor Parent Family Unit, consider placing the minor and their infant together, each under a Voluntary Family Reunification (VFR) plan.
      1. If the minor parent and their parent/guardian each agree to a VFR plan seek placement for the Minor Parent Family Unit.
      2. Evaluate the non-custodial parent of the infant as a potential placement resource.  Consider the following factors:
        • Whether a crime was committed in causing the teen to be pregnant.
        • Level of maturity and commitment to the infant.
        • Resources within the family and/or community.
        • Consider placement of the infant with the non-custodial parent if paternity is confirmed and non-custodial parent has been assessed.

SCSW Responsibilities

  1. Consult with CSW regarding whether or not there is a need for DCFS intervention and, if so, what type of intervention is appropriate.
  2. As appropriate, review and approve the Initial Case Plan, VFM, or VFR.

Dependent Minor/NMD Parent is Residing in Out-of-Home Care and Receiving Family Reunification (FR) or Permanent Placement (PP) Services

CSW Responsibilities

  1. Assess the minor/NMD parent's ability to care for the infant.
  2. Prior to documenting any health information about the minor/NMD parent's non-dependent child, obtain the minor/NMD parent's permission. Inform the parenting minor youth that they have the right to speak with their attorney prior to giving any consent or signing any documents.
    1. Have the minor/NMD parent sign the Parenting Youth's Consent to Document and Share Their Non-Dependent Child's Health Education form.
  3. When appropriate and with the minor/NMD’s consent, invite a DCFS Public Health Nurse to participate in the assessment.
  4. Attempt to identify the non-custodial parent and assess their interest in and ability to parent the child.
    1. Ensure the non-custodial parent is added to the family in the Client Notebook.
  5. Consult with the SCSW.
    1. Determine if there is a need for DCFS intervention with respect to the infant's safety.
    2. Document the consultation and resulting decision in the Contact Notebook.
  6. If appropriate and the minor/NMD agrees, refer the family for an EPY Conference.
  7. If it is determined there is no need for DCFS intervention on behalf of the infant:
    • Consider the appropriateness of the teen parent's current placement.  Discuss with the minor/NMD parent's caregiver the benefits of becoming a Whole Family Foster Home (WFFH), including the SRP and corresponding rates.
    • If the minor/NMD parent and their infant are in an appropriate placement, complete a FCSS Automated 280 and DCFS 709 for the infant and give these forms to the EW/TA to ensure that an Infant Supplement is initiated.
    • If the placement is not appropriate, move the Minor Parent Family Unit to an appropriate placement and complete the appropriate paperwork.
    • Notice the minor/NMD parent’s attorney prior to the change of placement. A CFT may also be held to determine and/or find an appropriate placement.
    • For the non-dependent child of a dependent minor/NMD parent, placed in a WFFH, document the receipt of the SRP and the EW/TA request to initiate SRP Rate payment in the teen parent's Case Notes.
    • Update the minor/NMD parent's Case Plan to include services to support the Minor Parent Family Unite and obtain appropriate signatures.
  8. If it is determined there is a child safety issue regarding the infant, and DCFS intervention is necessary, follow the steps 9 through 14 in Dependent Minor Parent is Residing at Home and Receiving Family Maintenance (FM) Services.

SCSW Responsibilities

  1. Consult with CSW regarding whether or not there is a need for DCFS intervention and, if so, what type of intervention is appropriate.
  2. Review and approve the Case Plan Update per existing procedures.

Involving the Non-Custodial Parent

CSW Responsibilities

  1. During a face-to-face contact, discuss the involvement of the non-custodial parent with the custodial parent.
    1. Obtain the name, age, address, and telephone number of the non-custodial parent.
    2. Ask the custodial parent to describe their thoughts and feelings about the non-custodial parent.
    3. Document this discussion in the Contact Notebook.
  2. Contact the non-custodial parent by telephone, letter, or face-to-face in order to determine their willingness to be involved with the child. 
    • If the non-custodial parent is a DCFS supervised youth, contact the youth's CSW and request that they make a face-to-face contact with the youth to determine their willingness and suitability to be involved with the child.
  3. If the non-custodial parent is not willing to be involved with the child, document their unwillingness and reasons in the Contact Notebook.
  4. If the non-custodial parent is willing to be involved with the child:
    1. Obtain CLETS, Live Scan, CACI, JAI and CWS/CMS clearances on the non-custodial parent.
    2. During face-to-face contact, utilize the SDM Safety and Family Risk Assessment to assess their appropriateness as a parental figure, level of parenting skills, etc.
    3. Ask the non-custodial parent to describe their thoughts and feelings about the non-custodial parent.
    4. Document the face-to-face contact and assessment in the Contact Notebook.
    5. In collaboration with the non-custodial minor/NMD parent and, if applicable, the non-custodial minor/NMD parent’s CSW, develop the case plan to include the non-custodial minor/NMD parent’s family time with the child, frequency of non-custodial minor/NMD parent contacts (in coordination with the non-custodial minor/NMD parent’s CSW, if applicable) and any referrals for services needed by the non-custodial minor/NMD parent to mitigate any assessed risk to the child including referring the non-custodial parent for an EPY Conference.
      1. Obtain the non-custodial parent’s signature on the case plan
    6. Develop the non-custodial parent’s family time plan.
    7. Monitor the non-custodial parent’s progress with the case plan. If appropriate, discuss the non-custodial minor/NMD parent’s progress with their CSW.
    8. Every six months, or more frequently as needed, review the non-custodial parent’s progress towards completing the case plan goals. Update the case plan as appropriate.
  5. Refer the non-custodial parent to the District Attorney for child support.
    1. Complete the FCSS Automated 280.
    2. Include the name, address, telephone number and, if known, the social security and driver’s license numbers of the non-custodial parent.
    3. Submit it to the EW/TA.

DCFS Minor Parent Program Receives the CW25 Form From DPSS

Minor Parent Program SCSW Responsibilities

  1. Receive faxed copy of CW25, Supplemental Statement of Facts – Minor Parent form from DPSS and confirm that DPSS has checked the “Risk Assessment for Safety Issue” box.
  2. If the “Risk Assessment for Safety Issue” box has not been checked by DPSS, contact the DPSS Eligibility Worker (EW) and confirm the request.
  3. Assign it to a CSW with a “5 Business Days” response time, and enter the CW25 referral information into the Minor Parent Program office control log.
  4. Once the CSW has completed and returned the CW25, review the completed CW25.
  5. If the CW25 is complete, approve it and fax it back to DPSS within five (5) business days of approval.
  6. If the CW25 is not approved, return it to the CSW for corrective action.
  7. Enter the results of the risk and safety assessment into the Minor Parent Program office control log.

Minor Parent Program CSW Responsibilities

  1. Within five (5) business days of receiving the CW25, Supplemental Statement of Facts Minor Parent form from the SCSW, make a face-to-face, in-home contact with the pregnant or parenting teen and her/his child(ren).
  2. Interview the expectant or parenting minor before interviewing the minor's parent(s), legal guardian, or adult relative.
    1. Ask the minor parent for the specific reasons why their child(ren) would be at risk of harm if they live in the home of the expectant or parenting minor’s parent(s), legal guardian, or adult relative.
  3. Evaluate the risk and safety of the expectant or parenting minor and the child(ren).
  4. Assess the expectant or parenting minor’s preparedness for independent living, using the DCFS Guide to TILP Summary Assessment of Basic Living Skills.
  5. The minor parent and their child(ren) should each receive a documented Safety Assessment based upon following variables:
    • health/physical condition (including bruises and body marks)
    • condition of the home
    • child vulnerability
    • family and/or environmental stress
    • parenting skills
    • parent’s substance abuse
    • availability of day care
    • medical/psychological/police reports
    • collateral contacts
    • ability of the family to provide for the safety and well-being of the child
  6. If the allegation is unfounded and the expectant or parenting minor and their child(ren) would not be at risk if living with the expectant or parenting minor’s parent(s), legal guardian, or adult relative:
    1. Document the factors contributing to this determination.
    2. In the "County Use Only" section of the CW25, complete the Child Welfare Services (CWS) portion  as follows:
      1. Does Safety Issue Exist?  Check "YES" if Referral was made to CPH.  Check "NO" if no risk or safety factors were found.
      2. Provide "Comments" as appropriate and complete the rest of the CWS portion before submitting it to SCSW for an approval.
    3. Submit the CW25 to SCSW for approval.
  7. If appropriate, provide the expectant or parenting minor/NMD with referrals for needed services.
  8. If the allegation is not unfounded, and the expectant or parenting minor and their child(ren) would be at risk if living with their parent(s), legal guardian, or adult relative:
    1. Document the factors contributing to this determination
    2. Complete and return the CW25 form to SCSW for approval.
  9. If it is determined that the expectant or parenting minor and their child(ren) is/are not safe in the current living arrangement and/or cannot safely return home, follow the steps outlined in Child Abuse and Reporting Act (CANRA).
APPROVALS

SCSW

  • Initial Case Plan
  • Case Plan Update
  • VFM/FR
  • DCFS 280
HELPFUL LINKS
REFERENCED POLICY GUIDES

0070-548.00, Community-Based Resources

0070-548.01, Child and Family Teams (CFT)

0070-559.10, Clearances

0080-502.25, Family Maintenance Services for Court and Voluntary Cases

0100-501.10, Child Abuse and Reporting Act (CANRA)

0100-510.21, Voluntary Placement

0100-560.40, Supervised Independent Living Plan

0100-570.05, Quality of Life in Out-of-Home Care

0400-504.00, Family Time

0600-507.10, Youth Reproductive Health and Pregnancy

STATUTES AND OTHER MANDATES

All County Letter (ACL) 20-78 - Aid to Families with Dependent Children-Foster Care (AFDC-FC) and Home-Based Family Care California Necessities Index (CNI) Increases and Other Rate Increases

ACL 17-93 – Use of Infant Supplement Payment for Transitional Housing Placement Plus Foster Care (THP+FC) Programs

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) 31-530.1-.232 – Sets forth "Minor Parent Services" requirements and instructions for DPSS in coordination with DCFS.

Family Code (FC) 3030 – states that registered sex offenders or persons who have been convicted of murdering the child’s other parent, may not be granted custody of or unsupervised visits with a child and may not have a child placed in a home where they reside unless otherwise ordered by the court.

FC 7825 – allows the mother of a child conceived by rape to bring a proceeding against the father of the child to prevent him from having custody or control of the child.

For Your Information (FYI) 19-13, Additional Payment Available for Nonminor Dependent (NMD) Parent in a supervised Independent Living Placement (SILP)

FYI 20-17, Foster Care Search System Automated 280 (FCSS Auto 280) Infant Supplement Update

Penal Code (PEN) 261.5 – defines unlawful sexual intercourse as, "an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor".  It states that any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.  Perpetrators who are more than three years older than the minor or perpetrators age 21 or older when the minor is under 16 years of age are guilty of either a misdemeanor or a felony.

PEN 11165.1 – defines sexual assault and sexual exploitation of children.

Welfare and Institutions Code (WIC) 301(c) – requires a dependent teen parent to consult with her/his court appointed attorney prior to entering into a VFM/FR agreement with DCFS.

WIC 361.8 – States that a child of a minor parent or nonminor dependent parent must not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent's or parents' placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect.

WIC 362.1 – States that when a teen parent in foster care has custody of his or her child and the child is not a dependent of the court then, visitation among the teen parent, the non-dependent child’s non-custodial parent, and appropriate family members is to be ordered by the court, unless the court finds clear and convincing evidence that visitation would be detrimental to the teen parent.

WIC 11254(a)(b) – "Minor Parent Rule", states the mandate and provides instruction to DPSS and DCFS regarding eligibility for and provision of AFDC to non-dependent pregnant and parenting teens and their non-dependent children.

WIC 11364 – provides that if a relative was a Whole Family Foster Home with a Shared Responsibility Plan prior to Kin GAP both the Whole Family Foster Home rate and the Shared Responsibility Plan rate may continue while they are a Kin GAP participant.

WIC 11400 defines Whole Family Foster Homes.

WIC 11465(d)(3) – allows Whole Family Foster Home caregivers to receive an additional $200 per month with an approved Shared Responsibility Plan.

WIC 11465(d)(5) – sets forth the requirements for a relative caregiver to continue to receive the Whole Family Foster Home payment rate after entering the Kin-GAP program.

WIC 16002.5 – sets forth the requirements for support, services and placement for the purpose of maintaining the continuity of families headed by minor/NMD parents in foster care.

WIC 16004.5 – states the need for development of placements that allow minor/NMD parents and their children to remain together; the need for aggregating data on the dependent minor/NMD birth rate and the number of minor/NMD parent family units in foster care and; development of an infant supplement rate structure that more adequately reimburses caregivers who meet specific criteria.

WIC 16501.25 – sets forth the requirements for a viable Shared Responsibility Plan.  Commencing January 1, 2012, "teen parent" also means a nonminor dependent, as defined in subdivision (v) of Section 11400, who is living in a whole family foster home, as defined in subdivision (t) of Section 11400, and is eligible for AFDC-FC or Kin-GAP payments pursuant to Section 11403.

WIC 16501.26 – sets forth the requirements for the development of a written parenting support plan (PSP) developed between the nonminor dependent parent and an identified responsible adult who has agreed to act as a parenting mentor to the nonminor dependent parent.