within thirty (30) days of completion of the updated TILP and provide the original SOC 161 to the TA/EW.
0100-535.65 | Revision Date: 08/23/19
Overview
This policy reviews the re-entry process into extended foster care and non-related legal guardianship extended benefits, including the eligibility criteria that must be met in order to qualify for these services.
TABLE OF CONTENTS
Extended Foster Care (EFC) Re-Entry
Special Populations Eligible for Re-Entry
Non-Related Legal Guardianship (NRLG) Extended AFDC-FC Benefits
Youth Comes "In-Person" for Re-Entry
Re-Entry to/from Another California County
Non-Related Legal Guardianship (NRLG) Extended Benefits
County of Residence Provides Courtesy Supervision
County of Residence Does Not Provide Courtesy Supervision
WIC 388(e) EFC Re-Entry Petition
Providing Case Management and/or Services for a Potentially Re-entering or Re-Entry Youth
Regional Office Receives a CSW Information/Consultation Call Notice
Regional Office COA Responsibilities
Case-Carrying CSW Responsibilities
ERCP Receives a "Homeless Crisis" Response Time "CSW Information/ Consultation Call Notice
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
JCS Receives a Dependency Court Order for a WIC 388(e) EFC Re-Entry Response Report
Version Summary
This policy guide was updated from the 01/18/17 version per All County Letter (ACL) 19-31 and AB 2337, to provide further instruction regarding youth seeking re-entry into foster care because his or her adoptive parent(s) or legal guardian(s) are no longer providing support; to reflect that effective January 1, 2019, youth who are under the age of 21 and were in receipt of Supplemental Security Income (SSI) or other aid from the Social Security Administration (SSA), in lieu of Kinship Guardianship Assistance Payment (KIN-GAP) or Adoption are also eligible for re-entry under the same conditions as those receiving Kin-GAP or AAP payments; and to further clarify the eligibility criteria for re-entry and services/referrals for potentially re-entering youth.
To be eligible to re-enter foster care and be eligible for EFC benefits, a nonminor (NM) youth must:
There is no limitation on the number of times a NM may exit and subsequently return to juvenile court jurisdictions and foster care or resume participation in NRLG Extended Benefits. The NM's circumstances and needs may change several times between the ages of eighteen (18) and twenty-one (21) years.
Probate Legal Guardianship youth are not eligible for Extended Foster Care or NRLG Extended Benefits.
An Indian youth is eligible for EFC services and re-entry. An Indian youth must decide whether or not they wish for the provisions of ICWA, previously determined or identified upon re-entry, to continue to apply to them after turning eighteen (18) years of age.
The following special populations are eligible for Re-Entry and do not need an order for foster care placement on their 18th birthday pursuant to WIC 388.1 eligibility criteria and conditions.
| Special Populations | Eligibility for Re-Entry |
|---|---|
| Nonminors under Kin-GAP |
|
| Nonminors receiving Adoption Assistance Program (AAP) benefits |
|
| Nonminors receiving SSI or SSA aid/benefits |
|
Former foster youth in NRLG's established in juvenile dependency court with court jurisdiction subsequently terminated, are eligible for extended state-only AFDC-FC payment benefits up to age twenty-one (21) if they meet the eligibility requirements and at least one of the EFC participation conditions.
The completion of the SOC 163 is required with this population when the nonminor under a NRLG stops participating or leaves the care and support of the guardian and wishes to return to the guardian's care and receive extended state-only AFDC-FC payment benefits. This process of re-entry is an out of court process and does not involve court supervision or the appointment of an attorney. Youth may be able to reenter under limited circumstances. Refer to the chart above.
In addition, these youth must be under or returning to the care of the previous non-related legal guardian when re-entering, and are not eligible for other placement options. In certain circumstances, the youth may live outside of the home of the previous non-related legal guardian as long as the previous non-related legal guardian agrees to continue provide support to the NMD; however, if they are attending school, work or training, they may become their own payee.
Following the initial determination of the youth's EFC re-entry eligibility or the NRLG extended benefits (without resuming court jurisdiction) and their signing of the SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care, the youth must meet one or more of the following EFC Participation Conditions:
The Social Worker has 60 days from the date of assumption/resumption of jurisdiction to develop the Transitional Independent Living Case Plan (TICLP), including the Transitional Independent Living Plan (TILP) with the NMD. The case plan's TILP must document which of the participation conditions the NMD will be participating in and should also include a back-up plan should the NMD become unable to participate in the first activity.
The signing of the SOC 163 documents the earliest possible beginning date of aid (BDOA). The BDOA is the day the NM and county of payment sign the SOC 163 or the day the NM returns to the care and support of the guardian, whichever occurs later, provided all other eligibility criteria are met.
In addition to ensuring the SOC 163 is complete, the CSW must also:
The TILP date is the date used to calculate when the SOC 161 expires and a new updated SOC 161 is required.
When the youth calls the CPH, they will be screened to determine if they meet the EFC re-entry requirements.
During regular business hours, a "CSW Information/Consultation Call" notice will be generated and assigned to the Regional Office the re-entry youth was assigned to when exiting foster care. During after hours/weekends/holidays, a "CSW Information/Consultation Call" notice will be generated and assigned to either:
EFC cases will be assigned to the EFC CSWs in offices where this specialized caseload has been established. In all other offices, EFC cases will be assigned to Generic CSWs.
A Dependency Investigator (DI) will complete and file the WIC 388(e) EFC Re-Entry Petition in each case within 15 judicial days. NRLG re-entry cases will not have court involvement and do not require DI assignment.
The following, mandatory forms ensure that information needed by the juvenile court to resume jurisdiction is presented in a clear manner and that the re-entry youth's contact information will remain confidential when desired:
DCFS must assist the youth in completing the JV-466 and JV-468 petition forms at the earliest possible interval.
Youth may initiate EFC/NRLG re-entry at any regional office. Designated staff will meet with the youth, explain the re-entry process and assist the youth in calling CPH. If the CPH determines the youth's assignment should take place at a different Regional Office, based on the youth's assignment when exiting foster care, the designated staff assisting the youth will arrange for transportation to the assigned Regional Office for completion of the re-entry. Transportation options include:
A re-entry youth may go directly to Children's Court to reopen their case by going to the DCFS office on the first floor for assistance in completing the JV-466 and the SOC 163. Once DCFS court staff has assisted the youth in completing and submitting the JV- 466 and SOC 163, court staff will provide instruction for the youth to call the Child Protection Hotline (CPH) to formally initiate the re-entry process. If the youth does not have a phone or needs assistance with the call, DCFS court staff will provide access to a phone and assist as needed. The re-entry youth also has the option of going directly to the Clerk's Office on the second floor to file the Re-Entry Petition.
If the youth is applying for NRLG Extended Benefits, the court records will show termination of jurisdiction and a court order for non-related legal guardianship. In these cases, DCFS Court staff may only assist the youth by instructing them to call the CPH and ensuring the youth has access to a telephone in order to call the CPH.
The county that had jurisdiction over the youth at the time the youth exited foster care maintains payment, case management responsibilities, and court jurisdiction for the youth upon re-entry.
The county of payment and case management for the NRLG youth is the current county of residence of the non-related legal guardian pursuant to WIC 11403(f)(1). Refer to the County Welfare Directors Association's Inter-county Transfer Protocol for information on transfers of NRLG payment cases and the required documentation that must be transferred to the new county of residence.
If the re-entry youth contacts a county (county of residence) other than the county of jurisdiction (payment county), and if the county of residence provides courtesy supervision, the county of residence will assess the circumstances of the youth's request for placement and assist the youth with completion of the forms required for re-entry. The county of residence will then fax or scan and email the forms the same day to the county of jurisdiction's point of contact for an original signature from the county of jurisdiction. Los Angeles County’s "point-of-contact" is the CPH.
The SOC 163 is used to establish the beginning date of aid and must be signed by the county of general jurisdiction. The county of residence must transmit this form to the payment county immediately and maintain a courtesy copy of the forms. The county of general jurisdiction must fax or scan and return the fully executed copy of the SOC 163 back to the county of residence. If the county of residence places the youth, a copy of the placement agreement must be sent to the county of jurisdiction. Once completed, the county of residence must forward the SAWS 1, FC 2 NM, EA 1, SOC 158A, and SOC 163 to the county of jurisdiction.
If the re-entry youth contacts a county of residence that does not provide courtesy supervision, the county of residence must immediately assist the youth in determining the county of jurisdiction and allow the youth to phone the "point of contact" in the county of jurisdiction in order to begin the application process. The Los Angeles "point-of-contact" is the CPH. Use the County Welfare Directors Association AB12 County Contact Lists for re-entries.
The county of residence must also provide blank copies of the SAWS 1, FC 2 NM, EA 1 and SOC 163 to the youth. It is the county of jurisdiction's responsibility to assess the circumstance of the youth's request for placement and care and get the completed forms from the youth in a timely manner.
Once completed, the county of jurisdiction must forward the completed SAWS 1, FC 2 NM, EA 1, SOC 158A, and SOC 163 to the county of jurisdiction.
DCFS must file a WIC 388(e) Re-Entry Petition on the youth’s behalf within fifteen (15) judicial days of the date the SOC 163 is signed.
If the youth does not want to wait for DCFS to file the petition, they can file the petition on their own within fifteen (15) judicial days of signing the SOC 163.
Once the court reviews the WIC 388(e) EFC Re-Entry Petition and determines that a prima facie showing has been made, a court date will be set and DCFS will be ordered to prepare a WIC 388(e) EFC Re-Entry Hearing Report.
DCFS has sixty (60) days from the date the youth signed the SOC 163 to prepare a new Case Plan and TILP to submit to the court for the WIC 366.31 Review Hearing. The WIC 366.31 Review Hearing must be held within seventy (70) days of the resumption of dependency jurisdiction.
When a nonminor youth under the age of 21, whose adoption or guardianship was established through dependency court or delinquency, notifies DCFS or other responsible entity of his or her desire to re-enter and alleges that he or she is no longer being supported by his or her legal guardian(s) or adoptive parent(s), DCFS shall initiate a timely assessment to gather information and determine the accuracy of the statements. The assessment and supports should be explored as soon as possible before DCFS initiates re-entry proceedings, suspends or terminates payments. The assessment should include an in-depth conversation with the youth and the legal guardian(s) or adoptive parent(s) to better understand the dynamics of the home, and the needs and strengths of the family. The overall goal, to the extent possible and if safe, is to maintain the guardianship or parental relationship and lifelong connections between the youth and the caregiver(s).
If no safety issues are identified, the CSW shall attempt to reconcile any differences between the legal guardian(s) or adoptive parent(s) and the young adult, as appropriate, including linkage to community services, to help the youth and family. Post-Adoption Services (for adoption cases) or the Kinship Resource Center should be contacted for available and appropriate services and support.
If the adoptive parents are nonresponsive, DCFS should attempt contact using multiple forms of communication. If contact is made, the CSW is prohibited from asking the parent(s) for a list of expenditures or an accounting of how the benefits are used to meet the young adult’s needs.
If it is determined that the guardian(s) or adoptive parent(s) are not providing care and support, DCFS may temporarily suspend Kin-Gap payments or stop AAP benefits. As current practice, the Notice of Action (NOA) reflecting the change/termination of payments must be sent to the guardian(s) or adoptive parent(s).
The re-entry needs of youth are best served by the office which knows the re-entry youth best. Upon stabilization of the youth's re-entry needs and plans, the case may be considered for transfer to another office, as warranted. If there is a need to transfer the case to another office due to placement location issues for the assigned CSW, the transfer can take place within twelve (12) months, as long as there is agreement among all involved parties.
While the re-entry youth is participating in EFC, the CSW must make sure the following mandates are met:
|
Re-Entry Youth's Housing Status |
Response Time |
Assignment |
|
"Homeless Crisis" |
Within two (2) hours |
Regular Business Hours: Office that the re-entry youth was assigned to when exiting foster care After hours, Weekends & Holidays: ERCP |
|
"Standard" |
Within one (1) business day |
Office that the re-entry youth was assigned to when exiting foster care |
Adjacent County – No Courtesy Supervision
|
Re-Entry Youth's Housing Status |
Response Time |
Assignment |
|
|
Regular Business Hours |
After hours, Weekends, & Holidays |
||
|
"Homeless Crisis" |
Within two (2) hours |
Within two (2) hours |
Regular Business Hours: Office that the re-entry youth was assigned to when exiting foster care |
|
After hours, Weekends & Holidays: ERCP |
|||
|
"Standard" |
Within one (1) business day |
By next business day |
Office that the re-entry youth was assigned to when exiting foster care |
Non-Adjacent County
|
Supervision Status |
Re-Entry Youth's Housing Status |
Response Time |
Assignment |
|
Courtesy Supervision |
"Standard" |
Upon receipt of required re-entry forms, immediately submit to TA/EW and contact youth within one (1) business day |
Office that the re-entry youth was assigned to when exiting foster care |
|
No Courtesy Supervision |
"Standard" |
Contact by phone within two (2) hours and meet face-to-face with youth within five (5) business days or sooner, depending on the youth's distance from the L.A. County assigned office. |
Office that the re-entry youth was assigned to when exiting foster care |
|
"Homeless Crisis" |
Provide emergency shelter & services resources in the youth's zip code and meet face-to-face with youth within five (5) business days or sooner, depending on the youth's distance from the L.A. County assigned office. |
Jed Minoff, Director
Placement Services Bureau
Transition Jurisdiction Services (AB 12), Transitional Housing, TILP
(213) 351-0243
jedediah@probation.lacounty.gov
Regional Office County Office Administrator (COA) Responsibilities
Case-Carrying CSW Responsibilities
within thirty (30) days of completion of the updated TILP and provide the original SOC 161 to the TA/EW.
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
Definitions of the 5 EFC Participation Conditions
DCFS 280, Technical Assistance Action Request
JV 464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care
JV 468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care
SAWS 1
SOC 161 , Six-Month Certification of Extended Foster Care Participation
SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care
"CSW Information/Consultation Call"
EA 1, Emergency Assistance Application
FC 2 NM, Statement of Facts Supporting Eligibility for AFDC-Extended Foster Care (EFC)
SOC 158A, Foster Child's Data Record and AFDC-FC Certification
SOC 161 , Six-Month Certification of Extended Foster Care Participation
SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care
0050-502.10, Child Protection Hotline (CPH)
0100-525.10, Interstate Compact on the Placement of Children (ICPC)
0100-535.25, Extended Foster Care
0100-510.46, Out-of-County Placements
0200-510.00, Postadoption Services
0300-503.41, WIC 388 Petitions: Response Report
1000-504.75, Inter-county Transfer (ICT)
All County Information Notice (ACIN) No. I-40-11 – Provides Program Information Regarding Assembly Bill 12 and the Extension of Foster Care to age 20
ACIN No. I-76-15E – Provides further clarification on the population eligible to return to foster care, including those who would have otherwise been eligible for extended AAP and Kin-GAP benefits, but whose parent or guardian has died or failed to support the youth.
All County Letter (ACL) 11-61 – Extended Foster Care (EFC)
ACL 11-69 – Extension of Foster Care Beyond Age 18: Part One
ACL 11-77 – Extension of Foster Care Beyond Age 18: Part Two (Placement)
ACL 11-85 – Extension of Foster Care Beyond Age 18: Part Three (Probation)
ACL 12-12 – Re-Entry Into Extended Foster Care (EFC)
ACL 12-48 – Extended Benefits for Nonminors Living with Current or Former Non-Related Legal Guardians (NRLG)
ACL 13-91 – After Eighteen (18) Program and Indian Nonminor Dependents (NMDs) Covered by the Indian Child Welfare Act (ICWA)
ACL 14-33 – Nonminor Dependents (NMDs) Placed Out of State
ACL 19-31 – Re-entry of Eligible Nonminors to EFC When Adoptive Parent(s) or Former Legal Guardian(s) No Longer Provide Support
California Rule of Court 5.906 – States that nonminor’s can request for the juvenile court to resume jurisdiction.
Welfare and Institution Code (WIC) 303 – Creates automatic general jurisdiction of a nonminor dependent when the juvenile court terminates dependency, transition, or delinquency jurisdiction. This allows the nonminor to petition the court, under section 388(e), for a hearing to resume the dependency jurisdiction of the court.
WIC 366.3 – Sets forth the required content for the report for the review hearing that occurs in the six-month period prior to the minor attaining 18 years of age, and at every subsequent review hearing. Describes that the court shall conduct the hearing in a manner that respects the nonminor dependent's status as a legal adult and what the hearing should focus on.
WIC 366.31 – Sets forth requirements with respect to a nonminor dependent including the court's authority to continue jurisdiction over the nonminor as a dependent of the juvenile court or to dismiss dependency jurisdiction pursuant to WIC 391 and retain general jurisdiction over the youth pursuant to WIC 303 allowing the nonminor who has not attained 21 years of age to subsequently file a petition to have dependency jurisdiction resumed.
WIC 388(e) – Sets forth the requirement for resuming juvenile court jurisdiction over nonminors for whom the court dismissed dependency, transition, or delinquency jurisdiction but who have been retained under general jurisdiction per WIC 303. This includes all time frames for submission of petitions, hearing dates, court reports, findings and orders. Describes circumstances under which the nonminor dependent must agree to a background check pursuant to WIC 16504.5. Includes time frames for court hearing, creation of an update TILP/Case Plan and submission to court.
WIC 388.1 – Sets forth who may petition the court for re-entry, including nonminors under Kin-GAP and AAP.
WIC 11400(v) – Defines a nonminor dependent as a youth who turned 18 years of age on or after January 1, 2012 and is a foster child as described in USC 42, Sec 675(8)(B) who is a current or former dependent child or ward of the juvenile court and has satisfied eligibility criteria.
WIC 11401(e) – States that aid in the form of AFDC-Foster Care (FC) shall be provided under the provisions of this chapter on behalf of any child under 18 years of age, and on or after January 1, 2012, to any nonminor dependent.
WIC 16501.1(c) - Sets forth required placement consideration for NMDs including required considerations prior to a group home placement. Lists required case plan and placement documentation.
WIC 16501.1(f)(16)(A) – Sets forth case plan requirements for a nonminor dependent.