Foster Care Placement for Probation Youth
E050-0540 | Issued Date: 11/7/2006

Overview

This policy guide provides instructions for all Eligibility Workers (EW) and Eligibility Supervisors (ES) responsible for determining the financial participation for the cost of foster care placement.

Table of Contents

Version Summary

This is a new policy guide designed to provide instructions for determining the financial participation for the cost of foster care placement.
POLICY
Welfare and Institutions Code 601 permits the criminal prosecution of a child suspected of committing a misdemeanor. If the child is a ‘status offender’ with behavior described as habitual or persistent behaviors such as running away, curfew violations, incorrigibility, and/or truancy the youth can become a ward under the supervision of the Probation Department. Welfare and Institutions Code 602 permits the criminal prosecution of a child suspected of committing a misdemeanor or felony. If the charges are sustained, the child may be declared a ward of the court under Probation Department or California Youth Authority supervision.  All PROB 667 referrals are logged on ACCESS prior to assignment to appropriate Eligibility Worker (EW).  Case opening may be required.
PROCEDURE

Receipt of the PROB 667 Packet

Probation Unit Eligibility Worker (EW)

  1. Within 24 hours of receipt of the packet, complete a preliminary eligibility determination and data enter the foster care payment(s) on CWS/CMS.
  2. Receive the Prob 667 packet from the Probation Department Placement Unit (PPU). 
    1. Review the packet for required eligibility information.  Contact the PPU and/or the Deputy Probation Officer if additional forms or information are needed.
  3. Complete a preliminary eligibility determination for financial participation based on the computer systems clearances and forms received in the referral.
  4. Access the CWS/CMS computer system. 
    1. In the client services application, search, retrieve and open the existing case/client from the database.
  5. Data enter the foster care placement, ongoing payment(s), and incidental payment, if requested, in the CWS/CMS placement notebooks.  See Procedural Guide E100-0510.11, Budget Actions: Initial Placement.
    • All pages of the completed and signed SOC 815 form must be received by eligibility staff before payment for relative placement can be data entered.
    • A Probation Specified Placement in a Group Home or Foster Family Agency must be authorized by the signature of a Probation Deputy Director.
  6. If the CWS payment/placement is not stopped, complete a manual budget. A manual budget shall be utilized to pay the caregiver until the CWS case is closed.
  7. When the CWS case is closed, complete a manual budget to stop the payment effective the date after the CWS closed case date. Data enter the payment/placement onto the CWS/CMS application. The start date is the date of the Non-CWD case start date. Reconcile the placement/payment dates to ensure accurate payment to the caregiver.
  8. If the probation payment/placement start and stop dates are prior to the CWS case closure, ensure that the caseload information is data entered onto the unit computer system. The unit computer system and hardcopy eligibility case are the only tracking record for this type of payment/placement.
  9. If the probation placement is not a joint assessment, proceed with step 10.
  10. Select “Approval” from the action menu. Select “pending approval” for the placement, ongoing payment(s) and incidental payment, if requested.
  11. Open the case document notebook. Select the case notes (CS-CNOTES). Data enter your name, file #, date and narration of the computer system actions completed.
  12. Select “Save to Database” from the file menu.
  13. Review the child’s placement approval status within 48 hours (2 business days). Foster care payment will be adversely affected if one of the following actions is not recorded: the ES approval, return for modification or rejection.
  14. Proceed with step 8. if the placement and payment indicate approval status.
  15. Complete the appropriate action to correct the placement or payment if the status was returned for modification or rejection.
  16. Proceed with step 18. if the placement and payment indicate approval status.
  17. Complete the appropriate action to correct the placement or payment if the status was returned for modification or rejection.
  18. Proceed with the eligibility determination in section Determining the Eligibility for Financial Participation.

Determining the Eligibility for Financial Participation

Probation Unit Eligibility Worker (EW)

  1. Within 30 days of receipt of the PROB 667 packet, determine the eligibility for financial participation.
    1. Receive the PROB 667 packet.
    2. Review the packet to determine if the appropriate forms/documents are included. 
      1. Contact the DPO or PPU if additional information is needed.
  2. The Non-County Welfare Department (Non-CWD) placement and payment must be data entered or a manual budget completed within 24 hours of the receipt of the PROB 667 packet.
  3. Complete the foster care eligibility determination per the existing procedure. See Procedural Guide E030-0510, Initial Determination for Financial Participation.
    • Probation eligibility is based on “removal date” and a minute order with all required languages must be on file and dated the date of removal.
    • Probation cases with “change of jurisdiction” are based on the DCFS petition. The Probation case must include all documents supporting the determination for federal or non-federal eligibility for that petition date including minute orders with language. If the petition is old and is not accessible on JADE, it must be requested from the master case. If no verification can be accessed, the case is processed as non-federal.
    • A child support referral must be submitted for all Probation wards per existing procedures. Provisions of All County Letter (ACL) No. 05-37 does not apply to Probation wards.
    • The AFDC-FC program and CalWORKs program have different regulations and requirements. All AFDC-FC eligibility determinations are based on regulations that went into effect July 16, 1996. Current eligibility determinations will require a Preponderance of Evidence Model (POEM) evaluation.
    • Regarding verification of full-time school attendance/enrollment, the Probation Department will pick-up a copy of the cover letter to the caregiver requesting verification with-in 7-days. Probation will pick-up these letters 2-3 times per week.
  4. Access the CWS/CMS computer system. Open the client/case from your assigned caseload. Data enter the evidence obtained and/or researched in the following notebooks/pages: FC2, Collateral, Education Provider, Education, Health, SAWS 1, Medical, Family Information, Case Information>Non-CWD page and Client notebooks for the child, mother and father. Save the recorded information to the database.
  5. Select “print reports” from the file menu. Print the FC 2, MC 250 and SAWS 1 forms from the client reports dialog box. Open the placement and placement document notebook. Select and print the new document “SOC158A form, Foster Child’s Data Record.”
  6. File the evidence obtained and the printed reports into the eligibility client/case folder. This folder becomes the hard copy probation eligibility case.
  7. Data enter the eligibility activity on the Case Notes Include a summary of the eligibility determination.
  8. Complete the following, in addition to steps 1. through 6. above, if the eligibility determination is approved:
    1. Forms and documents appropriate for each specific child/case;
    2. Ensure that all the eligibility requirements are reviewed per the existing procedure (see Procedural Guide E030-0510, Initial Determination for Financial Participation; and
    3. Annotate the eligibility determination approval section of the PROB 667 form.
      • The Probation Department will send a representative to pick-up annotated PROB 667 forms 2-3 days per week. DO NOT FAX.
  9. Complete the following, in addition to steps 1. through 6. above, if the eligibility determination is denied:
    1. Notify Probation Department via courtesy call of intended denial action and the reason, and control for 5-days for receipt of additional information and/or corrective action from Probation Department. After 5 days, if no information, proceed with step (b).
    2. Review the placement management section of the CWS/CMS application. If an active placement is indicated, data enter the stop date for the payment(s).
      • A placement and/or payment(s) may have been data entered prior to a thorough eligibility determination. The action shall indicate a placement cancellation on the Financial Authorization Document (FAD).
    3. Proceed with step (d) if no active placement is recorded.
    4. Annotate the eligibility determination denial section of the PROB 667 form.
      • The Probation Department will send a representative to pick-up annotated PROB 667 forms 2-3 days per week. DO NOT FAX.
  10. Submit the probation eligibility case to the Eligibility Supervisor (ES).

Probation Unit Eligibility Supervisor (ES)

  1. Receive the probation eligibility case indicating an approved or denied status.
  2. Review the eligibility folders, forms, documents, and printouts. Ensure the accuracy and completeness of the eligibility determination.
    1. Return the case to the assigned EW if it requires modification or additional information.
  3. Access the CWS/CMS application. Select and retrieve the client/case from the caseload section.
    1. Review the notebooks in the case, client and placement management section to ensure the accuracy of the data.
    2. Data enter the appropriate AFDC approval or denial status on the AFDC-FC page of the client notebook:
      1. The effective date that the child was found to be eligible to AFDC-FC, or
      2. The date that eligibility was most recently redetermined, or
        • This date creates the reminder for the next due redetermination date.
      3. The date that the child was denied eligibility and the denial reason.
  4. Ensure the caseload tracking is on the unit computer system. Include the data in the monthly management reports.
    • If the probation start/stop dates are prior to the close of the CWS case, the only way to count caseload data is on the unit computer system.
  5. Sign the PROB 667 form indicating the appropriate approval or denial status.
  6. Deliver the authorized approval/denial/stop/end case probation eligibility case to the Probation Unit/ SAAMS Clerk.
    • The Probation Unit Clerk shall update the unit computer system, prepare the PROB 667 for return to the Probation Department and transfer the case to the Probation Foster Care Library on the CWS/CMS application.
    • The Probation Department will send a representative to pick-up annotated PROB 667 forms 2-3 days per week. DO NOT FAX.
APPROVALS

Probation Unit Eligibility Supervisor (ES)

  • Probation Eligibility Case
HELPFUL LINKS

Forms

CWS/CMS

Case Information Notebook

SOC 815, Approval of Family Caregiver Home

Case Notes

Client Management Section

Client Relationship History

Client Summary

Conversion History

History of Child Placement Report

Placement Management Section

FC 2 Statement of Facts Supporting an Eligibility Determination

MC 250 Application for Medical Assistance

SAWS 1 Application for Public Assistance

Non-CWS/CMS

FC 3 Determination of Financial Participation

PROB 12 Probation Worksheet

PROB 667 Placement Authorization

Detention Minute Order

MEDS Inquiry Printouts

CA 2.1 Support Questionnaire
REFERENCED POLICY GUIDES
Procedural Guide E100-0510.11, Budget Actions: Initial Placement

Procedural Guide 0100-510.35, Specified Placements for Group Homes and Foster Family Agencies

Procedural Guide E030-0510 Initial Determination for Financial Participation
STATUTES AND OTHER MANDATES
All County Letter(ACL) No. 00-85 - Adoptions and Safe Families Act Regulations: Approval Of Relative Caregivers and Certification Pending Licensure of Non-Relative Caregivers

Welfare and Institutions Code (WIC) 601 - (a) Any minor between 12 years of age and 17 years of age, inclusive, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor’s parents, guardian, or custodian, or who is beyond the control of that person, or who is a minor between 12 years of age and 17 years of age, inclusive, when the minor violated any ordinance of any city or county of this state establishing a curfew based solely on age is within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court.

(b) If a minor between 12 years of age and 17 years of age, inclusive, has four or more truancies within one school year as defined in Section 48260 of the Education Code or a school attendance review board or probation officer determines that the available public and private services are insufficient or inappropriate to correct the habitual truancy of the minor, or if the minor fails to respond to directives of a school attendance review board or probation officer or to services provided, the minor is then within the jurisdiction of the juvenile court which may adjudge the minor to be a ward of the court pursuant to this section. However, it is the intent of the Legislature that a minor who is described in this subdivision, adjudged a ward of the court pursuant solely to this subdivision, or found in contempt of court for failure to comply with a court order pursuant to this subdivision, shall not be held in a secure facility and shall not be removed from the custody of the parent or guardian except for the purposes of school attendance.

(c) To the extent practically feasible, a minor who is adjudged a ward of the court pursuant to this section shall not be permitted to come into or remain in contact with any minor ordered to participate in a truancy program, or the equivalent thereof, pursuant to Section 602.

(d) Any peace officer may issue a notice to appear to a minor who is within the jurisdiction of the juvenile court pursuant to this section. Before issuing a notice to appear under this subdivision, a peace officer shall refer a minor who is within the jurisdiction of this section to a community-based resource, the probation department, a health agency, a local educational agency, or other governmental entities that may provide services.

WIC 602 - (a) Except as provided in Section 707, any minor who is between 12 years of age and 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.

(b) Any minor who is under 12 years of age when he or she is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court:
(1) Murder.
(2) Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(3) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(4) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(5) Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.