Out-Of-County Placements
0100-510.46 | Revision Date: 02/27/19
Overview
This procedural guide outlines the guidelines and procedures for placing children and NMDs outside of Los Angeles County, as well as the guidelines and procedures for courtesy supervision of children and NMDs from other California Counties.
TABLE OF CONTENTS
Out-Of-Home Care Placement Considerations
Placing a Child or NMD Out-Of-County
Placement in Non-Adjacent Counties
Inter-county Transfer of NMD Cases
Planning for a Home Evaluation for Out-of-County Supervision
Out-of-County Placement Due to an Emergent Situation
Out-Of-County Placement Due to a Non-Emergent Situation
Another County is Providing Courtesy Supervision for Los Angeles County
A Request Is Received From another County For Courtesy Supervision
Out-Of-County Services CSW Responsibilities
Emergency Request from another County is Made by Telephone
RA, ARA, SCSW, CSW Responsibilities
Version Summary
This policy guide was updated from the 07/01/2014 version to reflect a revised law that requires that a notice be provided to the child’s attorney, Indian custodian, the child’s tribe, and to a child 10 years and over when placing a child out of county, and that permits the child to object to the out-of-county placement. It was also updated to reflect current procedures related to approving resource families including the use of LA County RFA-approved homes; and to reference the new law that shifts the responsibility for providing or arranging services under Medi-Cal from the county of origin to the county where the child resides.
When a child is in jeopardy of being placed in out-of-home care, the CSW must consult with the parent(s) on involving his or her faith-based practitioner or other community support person to assist in locating a community-based placement
When the decision has been made to place a child in out-of-home care, every attempt should be made to maintain the child’s physical, emotional and psychological ties to his or her family, including extended family, friends and any organizations (e.g., remaining in school of origin, Boy/Girl Scouts, sports teams, school/neighborhood friends, etc.) to which they belong. The selection of a placement is always based on the child’s needs and best interest, in the least restrictive environment within his or her community whenever possible.
A careful evaluation of the best interests of the child and best social work practices should be conducted before placing a child out of county, whether it be an adjacent or nonadjacent county, that does not provide courtesy supervision. Unless warranted by case-specific circumstances, LA County-approved RFA homes and LA County-contracted FFA homes in LA County should first be considered before RFA homes approved by another county. The following are types of situations that require consideration of placement of a child in another California County:
When a CSW must change a child’s placement, and there is a lack of suitable placement options within the county necessitating a placement outside the county, the parent/guardian, the child's attorney, Indian custodian, the child’s tribe and a child 10 years of age or older must receive written notice at least fourteen (14) days prior to the placement, unless such warning should affect the child’s well-being or health, or endanger the child in any way. This applies even if the child is already in an out-of-county placement and needs to be moved to another out-of-county placement.
The notice must state the reasons why it is necessary to place the child outside the county. The child, Indian custodian, the child’s tribe, parent or guardians are granted seven (7) calendar days after receipt of the notice to object to the placement. Upon objection, the court must hold a hearing within five (5) calendar days. Juvenile Court Services staff will contact the Clerk’s Office to obtain a court date and contact the CSW with the date. Upon review, the court must order out-of-county placement if it finds that the child's particular needs require placement outside the county.
The notice may be waived if the Child and Family Team (CFT) has determined that the identified placement is in the best interest of the child, no member of the CFT objects to the placement, and the child’s attorney has been informed of the intended placement and has no objection, and, where applicable, the Indian custodian or child’s tribe has been informed of the intended placement and has no objection. If this waiver requirement is not met but the child is transitioning from a temporary shelter care facility, the CSW shall provide oral notice to the child’s parents, guardian, Indian custodian, the child’s tribe, the child’s attorney, and, if the child is 10 years of age or older, to the child no later than one business day after the determination that out-of-county placement is necessary and that there is an objection to the placement. The oral notice shall state the reasons that require placement outside the county and shall be immediately followed by written notice stating the reasons. The child, parent, guardian, Indian custodian, the child's tribe may object to the placement no later than seven days after oral notice is provided and, upon objection, the court shall hold a hearing no later than two judicial days after the objection is made. The court may authorize that the child remains in the temporary shelter care facility pending the outcome of the hearing.
If it is determined that the child's health or well-being is endangered by delaying the placement of the child in an out-of-county placement, it is not necessary to provide written notice to the parent or guardian, the Indian custodian, the child’s tribe, the child’s attorney, and a child 10 years of age or older, prior to making the placement
Absent any exceptions as established by the law, the responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides. The presumptive transfer of this responsibility can be found in this policy.
In accordance with California State Regulations, the sending county is responsible for providing direct supervision and services or for arranging for the receiving county to provide supervision and services, except as noted above regarding mental health services. Using the case plan, the sending county must specify how the service needs of the child, including social worker contact requirements, are to be met while the child is placed out-of-county. The sending county is responsible for services to the child’s parents(s)/guardian(s) and continued case plan updates.
When a receiving county agrees to provide supervision and services, Los Angeles County must develop a formal agreement between the two counties specifying the following:
All contact requirements for courtesy supervision must meet California State Regulations. Use this link to obtain the Courtesy Supervision County List developed and maintained by the Child Welfare Directors Association (CWDA).
The CSW must continue to supervise the child in the following adjacent counties: Orange, Riverside, San Bernardino, and Ventura.
If a child is placed in a non-adjacent county that does not have a reciprocal courtesy supervision agreement with Los Angeles County, then Los Angeles County remains responsible for providing services and supervision for that child.
If the court orders a child’s placement in a non-adjacent county that does not provide courtesy supervision, the CSW must notify the court immediately that the required supervision of the child will not be met and that the court ordered services may or may not be available. If the court issues an order contrary to the DCFS recommendation, DCFS must request that County Counsel review the matter to determine the next legal steps. In the interim, the CSW must comply with the court order.
Los Angeles County must pay the host county rate (if different) when a child is placed into a relative, NREFM, foster home, small family home, group home or STRTP in another county. If a child requires a specialized rate in another county, the child will receive the host county rate plus the appropriate specialized care increment of the host county. Los Angeles County’s specialized increment must be used only when the host or receiving county does not have the appropriate specialized care increment. The CSW must contact the Eligibility Worker/Technical Assistant in their office who can assist them with determining the correct “Host County Rate” for arelative, NREFM foster family, small family or group home. Under the Continuum Care Reform, the set basic rate and the applicable Level of Care (LOC) rate is paid.
Per the Statewide Intercounty Protocol for Resource Family Approval (RFA) and Emergency Placements, contiguous counties will do their own RFA approvals and emergency placements, unless those contiguous counties have an alternative agreement in place. The approving county shall provide courtesy notification of the home approval to the host county Single Point of Contact (SPOC). Individual counties may establish their own reciprocity agreements with other, non-contiguous counties that supersede the statewide Intercounty Approval Agreement.
All assessments of prospective Relative/NREFMs will be completed by the Resource Family Recruitment and Approval Division (RFRAD). If the out-of-county placement being considered is the home of a relative or NREFM the CSW must follow the guidelines and procedures for evaluating a prospective caregiver, including those that pertain to placements prior to an RFA. Additionally, if the placement is to be with a relative the CSW must request a Youakim eligibility determination from the Technical Assistant/Eligibility Worker.
When a child is placed outside of Los Angeles County, the CSW is responsible for informing the foster caregiver about the Child Health and Disability Prevention Program (CHDP).
The county that had jurisdiction over the Nonminor Dependent (NMD) immediately prior to the youth exiting foster care maintains payment and case management responsibility/court jurisdiction for the youth upon re-entry. This is also the county that maintains general jurisdiction over the NMD.
If a NMD is under Dependency Court supervision for twelve (12) months and wants his/her case transferred,the Intercounty Transfer (ICT) criteria and procedures must be met and followed:
The AB12 County Contact list for Re-Entries can be obtained here .
All incoming out-of-county inquiries must be sent to:
Supervising Children’s Social Worker (SCSW)
Out-of-County Services Unit
L. A. County Department of Children and Family Services
1933 S. Broadway
Los Angeles, CA 90007
Telephone: 1-888-303-5111, Fax: (213) 742-7070
Additionally, any incoming out-of-county inquires that are sent directly to the regional offices must be forwarded by the regional office to the Out-of-County Services Unit prior to provision of courtesy supervision.
If the intent is to place with an out-of-county resource family being approved or already approved by another county, the CSW is to immediately contact the DCFS SPOC who, if appropriate, will then contact the approving county’s SPOC regarding the intent to place. The DCFS SPOC will confirm whether or not the resource home is available for placement.
A child may be placed with a relative or NREFM at any time during a child’s case by the CSW completing the required preliminary assessments: the inspection of the home and grounds and the following clearances (CLETS, CACI and CWS/CMS). Live Scan clearance is not required for emergency placements. The RFA Division, Out-of-County Single Point of Contact will forward the out-of-county RFA referrals to the county in which the applicant resides (Host County). With regards to these intercounty referrals, the county of residence will have the applicant live scan and they will complete the criminal exemptions per the written directives Prospective caregivers do not live scan until the RFA application is received. The Regional Administrator or designee is allowed to approve an emergent placement if the prospective caregiver, any other adult residing in the home, and any persons having significant contact with the child meet certain criteria. Once an emergency placement is approved:
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Out-of County Services CSW Responsibilities
RA, ARA, SCSW, CSW Responsibilities
Request |
Procedural Step |
Child welfare check
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Placement purposes |
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On-going courtesy supervision services |
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Child abuse referral from another county |
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RFA Single Point of Contact (SPOC) - initial and pending RFA |
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RFA SPOC approved RFA
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AB 1299 SPOC
|
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Another county is calling for a youth who resides in Los Angeles County and whose jurisdiction is held by another California county and the youth would like to re-enter into foster care as a NMD |
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Ex Parte Application and Order
Statewide Intercounty Protocol for Resource Family Approval and Emergency Placements
Ex Parte Application and Order
Notice of Planned Placement of Child Outside Los Angeles County
DCFS 280, Technical Assistance Action Request
DCFS 709, Foster Child’s Needs and Case Plan Summary
JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care must be completed and filed in court
JV 468, Confidential Information-request to return to Juvenile Court Jurisdiction and Foster Care
SOC 163, Voluntary Re-entry Agreement for Extended Foster Care
SAWS 1
DCFS 280, Technical Assistance Action Request
DCFS 709, Foster Child’s Needs and Case Plan Summary
DCFS 6086, Authorization for Release of Information for Resource Family Approval (RFA)
EA 1, Emergency Assistance Application
FC 2, Statement of Facts Supporting Eligibility for AFDC – Foster Care
Notice of Planned Placement of Child Outside Los Angeles County
RFA-05A, Resource Family Approval Certificate
SOC 158A, Foster Child’s Data Record and AFDC-FC Certification
SOC 163, Voluntary Re-entry Agreement for Extended Foster Care
0070-548.01,Child and Family Teams
0070-559.10, Clearances
0100-510.35, Non-DCFS Contracted Placements
0100-510.50, Placing Children Six Years of Age or Younger in Congregate Care
0100-510.61, Placement Responsibilities
0100-520.10, Evaluating a Prospective Caregiver
0100-520.05, Placement Prior to Resource Family Approval
0100-520.30, Relative Caregiver Financial Eligibility (Youakim)
0100-520.70, Exemptions for Criminal History Records
0100-535.25, Extended Foster Care
0300-503.97, Notice of Replacement Report
0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff
0300-507.05, Adverse Court Order
0400-503.10, Contact Requirements and Exemptions
1000-504.75, Inter-county Transfer (ICT)
ACL 17-81 - Out of County Placements of Dependents in Foster Care
ACL 17-77, Mental Health and Substance Use Disorder Services (MHSUDS) Information Notice No. 17-032
Welfare and Institutions Code Section 36l.2(g)(2) – In the event that there are no appropriate placements available in the parent's or guardian's county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent's or guardian's community of residence.
WIC Section 36l.2(g)(4) – When it has been determined that it is necessary for a child to be placed in a county other than the child's parent's or guardian' s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child's case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
WIC Section 36l.2(g)(5) – When a child is to be placed out-of-county either in a group home or with a foster family agency for subsequent placement in a certified foster family home and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed. In addition, the sending county must document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. All of the above information must be made available to the receiving county upon placement of the child in the receiving county.
WIC Section 36l.2(g)(6) – When a child is to be placed out-of-county and the sending county plans for the receiving county to be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. The sending county must provide a copy of the completed case plan to the receiving county.
WIC Section 36l.2 (h) – Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice to the parent or guardian, the child's attorney, Indian Custodian or child's tribe and a child 10 years of age or older at least 14 days prior to the placement, unless the child's health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement.
WIC Section 36l.2 (h)(2)(A) - The notice required prior to placement, as described in paragraph (1), may be waived if the child and family team has determined that the identified placement is in the best interest of the child, no member of the child and family team objects to the placement, and the child’s attorney has been informed of the intended placement and has no objection, and, where applicable, the Indian custodian or child’s tribe has been informed of the intended placement and has no objection.
WIC Section 14717 - Absent any exceptions as established by the law, the responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides.
California Department of Social Services (CDSS) Manual of Policies andProcedures (MPP) Division 31-505.121 – The sending county shall be responsible for providing direct supervision and services or arranging for the provision of supervision and services by the receiving county in accordance with Section 31-505.123.