This policy reviews the process for approving related and non-related resource families interested in fostering, adopting or providing legal guardianship.
This is a new policy in support of the implementation of the approval process for Resource Family Homes.
POLICY
Overview of Resource Family Approval (RFA)
As of January 1, 2017, anyone in California providing a home for a child in foster care must apply for Resource Family Approval (RFA). The Resource Family Approval Program is a unified, family-friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes and approving relatives and Nonrelative Extended Family Members (NREFMs) as foster care providers, and to approve families for legal guardianship or adoption.
A resource family is considered eligible to provide foster care for related and unrelated children in out-of-home placement. They are also considered approved for adoption or legal guardianship and do not have to undergo any additional approval or licensure processes but will have to meet some additional requirements.
Placement vs. Approval
This policy is focused on the RFA process and does not provide instruction on placement of a child. It is, however, important to know that approval pursuant to RFA is separate from placement of a child into a caregiver’s home.
Approval
It is the sole responsibility of the Resource Family Recruitment and Approval Division (RFRAD)
to determine if a person can or cannot be approved as a resource family. The RFRAD will work with regional staff to make every effort to approve a person as a resource family. The RFRAD has the sole responsibility to determine if previous Adoption Safe Families Act (ASFA) approved homes and/or licensed families may be approved as a resource Family, also known as RFA Conversion. RFA Conversion must be initiated by December 31, 2020.
The approval of an applicant as a resource family by the RFA Division does not automatically entitle that caregiver to placement of a child in his or her home. A prospective caregiver’s home can meet the RFA standards and be approved, but placing the child in the home may still not be in the best interest of the child.
Placement
RFRAD staff do not make or determine child placements. The decision to place a child or NMD (NMD) in an approved home is solely the responsibility of the child’s or NMD’s CSW and/or SCSW. It is the responsibility of the RFA CSW and/or SCSW to communicate barriers or issues that may lead to the RFA application denial of a relative or NREFM when a placement occurred prior to approval.
Before placement, the Regional CSW must assess the prospective caregiver to determine his/her suitability to care for the child. The DCFS 724, Placement Assessment, is completed by the Regional CSW and is used to determine if the caregiver can meet the child’s needs and placement requirements.
Although an applicant must seek approval, as a resource family is ultimately required, placement of a child or NMD may be made prior to the Resource Family Approval, at any time during the child’s case, including pre/post disposition, if either of the following situations applies:
The placement is made with a relative or NREFM on an emergency basis; or
There is a compelling reason for the placement based on the needs of the child or NMD dependent. A compelling reason may include, but is not limited to, the following: (1) the unique needs of the child or NMD or (2) the best interest of the child or NMD to maintain his or her family or family-like connections with an applicant.
Good health must be verified by a health questionnaire or a health screening performed by a health professional that was issued not more than one (1) year prior to the date of the application.
Good mental health that shows the applicant has not engaged in conduct that poses a risk or threat to the health and safety, protection, or well-being of a child or NMD or other individual.
Applicant Requirements
To become a Resource Family, an applicant must comply with the following requirements:
Submit a completed and signed application on form RFA 01A, Resource Family Application, and provide supporting documentation. The RFA 01A is now included in the placement packet and the placing CSW is responsible for ensuring the RFA 01A is submitted.
Participate in the family evaluation, which consists of a minimum of two (2) interviews that includes a comprehensive inquiry into the applicant’s personal history, family history, and family dynamics.
Consent to release all requested evaluative reports and records, including physical and mental health. Confidential information and documents containing confidential information may be shared by a County or the Department as allowed by statute and regulation.
Allow a home environment assessment, which evaluates conditions in the home that affect the health, safety, and well-being of a child or NMD.
Provide the names and contact information for two (2) individuals references who can attest to the applicant’s character and ability to provide a safe environment for a child or NMD. If an applicant is unable to provide two (2) references, the applicant must document the reason.
Consent to a background check, including completing and submitting form RFA 01(B), Resource Family Criminal Records Statement, and form LIC 198B: Out-of-State Child Abuse/Neglect Report Request or equivalent form from a responding state if that state requires its own state-specific form. Applicants and other adults in the home must complete a live scan within ten (10) calendar days following the criminal records check conducted through CLETS or five (5) days after an emergency placement.
Consent for DCFS to obtain a Department of Motor Vehicles (DMV) report on each applicant and all adults residing or regularly present in the home who may frequently transport children or NMDs.
Complete twelve (12) hours of pre-approval training. The Department may allow an individual to begin pre-approval training prior to the submission of an application.
Submit the following supporting documentation:
Proof of identity for each applicant
Form RFA 07, Health Questionnaire, or a health screening by a health professional that was issued not more than one (1) year prior to the date of application, for each applicant
As deemed appropriate and necessary by the Department, an applicant may be required to complete a health screening by a health professional to verify the applicant is in good physical health.
If employed, verification of current employment
Verification of the applicant’s current income and disclosure of expenses
Documents verifying that an applicant owns or rents the home in which the applicant resides or has written permission to reside at the residence by the owner of the home.
History of applicant’s previous and current status as an approved relative or NREFM, a certified family home, or an employee, volunteer, or licensee of a community care facility.
Complete any other activities, as determined by the Department, related to an applicant's ability to achieve permanency with a child or NMD or to help determine the applicant's ability to be approved as a resource parent.
An applicant shall not make or disseminate any knowingly false or intentionally misleading statements in connection with an application. This includes, but is not limited to, information regarding an applicant, family members, and adults residing or regularly present in the home.
Notify the RFA program staff if the family moves to a new home location 30 calendar days prior to moving or as soon as the information is available.
An applicant or individual for which a criminal record clearance or exemption has been requested must notify the RFA program staff in writing within five (5) business days of any change in mailing address or telephone number.
An applicant has the right to withdraw an application prior to approval or denial verbally or in writing, if there is no placement. A family that withdraws a RFA application can resubmit their previous application within twelve (12) months of the date of withdrawal. If an applicant resubmits their previous application, the Department must verify that the information remains current or has been updated and require the applicant to sign the application again as confirmation. Interviews and home environment assessment may need to be completed again.
County Requirements
Accept an application for resource family approval upon submission from an individual.
Prior to conducting any component of a Comprehensive Assessment, a County shall require an applicant to complete, sign, and submit form RFA 01A, Resource Family Application. A County may allow an individual to begin pre-approval training prior to submission of an application.
If a child or NMD is placed in the home of a relative or NREFM prior to approval on an emergency basis, a County must, within ten (10) calendar days following the criminal records check conducted through the CLETS, or five (5) business days after a child or NMD is placed with a relative or NREFM, whichever is sooner, require the relative or NREFM applicant to complete, sign, and submit form RFA 01B, Resource Family Criminal Record Statement.
The review of an application must be governed by the law and Written Directives in effect at the time of the decision to approve or deny an application or a criminal record exemption, or if a denial is appealed or an action for the record is filed. Nothing in this subsection shall supersede any provision of federal or state law or any regulation adopted pursuant to federal or state law.
A County must require an applicant to provide supporting documentation prior to approval as a resource family.
Discuss and address questions regarding each worker involved in the RFA process and child’s dependency case, such as the RFA worker, Relative Home Assessment Services (RHAS) Community Based Organization (CBO) worker, the DCFS Caregiver, Monitoring and Support (CMS) worker, and their roles.
Discuss and address benefits associated with emergency caregiver funding, if applicant received a placement prior to RFA approval, foster care, Adoption Assistance Program (AAP), Kin-GAP, Approved Relative Caregiver (ARC) funding, and any other assistance that may apply.
Discuss personal rights of foster children, including their right to receive reproductive and sexual health care services and information
Discuss the applicant’s right to a due process hearing.
Discuss access to health, mental health, and dental care through Medi-Cal, in home supportive services, and developmental or other services based on the needs of a child or NMD in the care of a resource family.
Discuss if the applicant is married, in a domestic partnership, or resides with a significant other who is not applying for RFA, and the impact on the other individual’s ability to file a petition for adoption.
Discuss the right of the youth to remain in their school of origin (SOO) and the caregiver’s (or other willing party) right to reimbursement, after RFA approval for transporting the child to their SOO if the school is three (3) or more miles from the home.
Advise an applicant or resource family that if he or she moves to a new home location, the applicant or resource family is required to notify the County thirty (30) calendar days prior to moving or as soon as the information is available and that the applicant or resource family will be subject to an approval update.
When an applicant fails to complete an application without good faith and within thirty (30) days of the date of the written notice provided to the applicant, the application may be denied. The written notice will provide a description of all outstanding items necessary to proceed with the application or assessment, the period of time in which to complete the outstanding documents, and a statement that the application may be denied for failure to meet application requirements within the specified period of time.
The Department may cease any further review of an application if any of the following situations applies:
An individual has had a previous application denial within the preceding year
An individual has had a previous rescission, revocation, exemption denial, or exemption rescission within the preceding two (2) years, or
The Department may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances or conditions which either have been corrected or are no longer in existence.
The cessation of review does not constitute a denial of the application for purposes of this section or any other law.
Cessation of an application cannot occur if a child is placed with the applicant prior to the applicant being approved as a resource family on an emergency basis pursuant to WIC 309 and WIC 361.45, or based on a compelling reason WIC 16519.5(c)(7)(C)(ii).
Workers and Their Roles
The following workers are involved in the RFA process. They each have defined roles. All workers must share significant updates with each other to the fullest and timeliest extent possible, and should coordianate frequently to ensure that all workers are communicating with the applicant clearly, timely, and consistently.
RFA worker:
• The RFA worker is assigned to assess and make a recommendation to either approve or deny the RFA application. He or she assesses the applicant and their home environment per the Written Directives. The RFA worker is not involved with placement decisions.
RHAS CBO worker:
DCFS contracted with Community Based Organizations (CBOs), which are Relative Home Assessment Services (RHAS) providers, to assist relatives/NREFMs with the RFA process
Relatives/NREFMs will be assigned to CBOs based on their Service Planning Area (SPA) location
The RHAS CBO is responsible for:
Providing in-home orientation
Completing the preliminary home environment assessment
Providing pre-approval (and post-approval) training for the first year the family is approved
Assisting with obtaining documents required for the RFA process
Assisting in developing Documented Alternative Plans (DAPs)
Providing access for basic needs and tangible supports
RFA SCSW:
Reviews the completed RFA report including all documents, background checks, home assessment, and written report for approval or denial.
Caregiver Monitoring and Support (CMS) worker:
Assigned after the applicant has been approved for RFA.
Provides dedicated support for caregivers to addresses caregiver related needs
Provides needs based linking for relatives and NREFM families to Relative Support Services (RSS) Community Based Organizations (CBO’s)
Completes the annual RFA update
Completes the steps necessary to convert existing caregivers to Resource Family Homes
Supports the family to comply with on-going training requirements
Guides the family through the child welfare system including possible allegations of abuse
Addresses new people in the home and capacity issues
Develops Corrective Action Plans (CAPs) and Documented Alternative Plans (DAPs)
Coordinates and teaming with the various Continuing Services CSWs
Completes additional visits to the home as needed to assess the services needs of the resource family.
Resource Family Comprehensive Assessment
The comprehensive assessment includes two (2) components:
Home Environment Assessment which consists of completing the following:
A background check assessment must include the following:
A review of an individual’s state and federal criminal record to determine whether a criminal record clearance or exemption may be granted. All applicants and all adults residing or regularly present in the home must complete form RFA 01B, Resource Family Criminal Record Statement. See Health and Safety Code (HSC) 1522 for a list of individuals who are specifically exempted from fingerprinting. A NMD is not subject to a background check for purposes of Resource Family Approval.
Consideration of all substantiated allegations of child abuse and severe neglect listed on the Child Abuse Central Index (CACI) to determine whether the individual poses a risk or threat to the health and safety, protection, or well-being of a child, NMD, or other individual.
Consideration of the allegations described above must include a review of the investigation report and file prepared by the child protective agency.
The Department may not deny an application or take any other administrative action based upon a CACI report unless the Department obtains an investigation report, documentation, interviews, child welfare system records, or other evidence that supports the substantiated allegation of child abuse or severe neglect.
If the applicant or any adult residing in the home has lived in another state within five (5) years before applying for RFA, contact the state(s) where the individual resided to determine if that individual is listed on the state’s child abuse registry. an out-of-state child abuse and neglect registry check using form LIC 198B, Out of State Child Abuse/Neglect Report Request, or an equivalent form from a responding state, if the state requires its own state specific form must be completed.
An investigation of the facts regarding arrests, CACI entries, or convictions may lead to a denial of RFA, an exclusion action, or both.
Review of CWS/CMS.
CWS/CMS history should be used to formulate questions and guide discussion with the applicant(s). This is only one component of the entire assessment and cannot be used as the sole reason to deny or rescind the RFA.
Review of Out-of-Home Care Management Division (OHCMD) case file, if applicable. OHCMD history should be used to formulate questions and guide discussion with the applicant(s). This is only one component of the entire assessment and cannot be used as the sole reason to deny or rescind the RFA.
A Megan’s Law registered sex offender check.
A DMV check on an applicant and any adults residing or regularly present in the home who may frequently transport a child or NMD.
A check for prior licensing related administrative actions contained in the Administrative Action Records System (AARS) database and Notice of Action (NOA) databases maintained by the Department.
A check for prior licensing history and criminal record exemption denial or rescission actions contained in the Licensing Information System (LIS) database maintained by the California Department of Social Services (CDSS).
A check for prior Resource Family related administrative actions contained in the Administrative Action Records System (AARS) and Notice of Action (NOA) databases maintained by CDSS.
A health and safety assessment of the home and grounds, outdoor activity space, and storage areas of the applicant’s home using form RFA 03, Resource Family Home and Health and Safety Assessment Checklist. The health and safety assessment of the home and grounds must include the following:
The type of residence, such as a single-family home, apartment, or duplex.
The number of bedrooms and bathrooms.
Proof of Residence (Mortgage Statement or Rental/Lease Agreement)
Any other relevant information, such as the presence of weapons, animals, or a pool.
DAPs may be used to help families meet the home environment assessment for non-safety and health issues.
Permanency Assessment, which includes all of the following:
Verification that each applicant completed twelve (12) hours of pre-approval training.
Verification and acknowledgment of disciplinary standards
Verification and acknowledgment of mandated reporting responsibility and disciplinary standards
A family evaluation of each applicant.
Verification of the completion of any other activities related to an applicant’s ability to achieve permanency with a child or NMD, including but not limited to:
Health Questionnaire
References
Criminal Record Exemption
The criminal record background check process is intended to ensure that applicants, as well as persons residing or regularly present in the home, do not present a threat to the health and safety of a child or NMD. An individual’s criminal history may be one factor in determining whether a person is of good character.
The criminal exemption provides individuals with convictions an opportunity to prove that they are rehabilitated and of present good character. If a person has a criminal conviction or a history of criminal conduct such as an arrest that did not result in a conviction, the reviewing agency must determine whether the person presents a potential health and safety risk to a child or NMD.
An individual convicted of certain crimes specified in statute cannot obtain an exemption. See the List of Non-Exemptible, Standard Exemption, and Simplified Exemption Convictions for a list of the crimes that are non-exemptible. If it appears that an individual has been or is subsequently convicted of non-exemptible offense the resource family’s approval cannot be denied or rescinded prior to the provision of due process, including, but not limited to written notification of a denied or rescinded criminal record exemption and an opportunity to appeal.
An individual convicted of crimes that are not classified as non-exemptible may request an exemption.
A criminal record exemption request must be made for every person in the home who has been convicted of a crime that is not a minor traffic violation. The exemption will be issued based upon substantial and convincing evidence that:
The placement does not pose a risk of harm to the child
DCFS 5602, WIC 361.4 Waiver Request, must be made and granted in order to approve the resource family
The following are the 3 types of exemption processes:
Standard Exemption – The standard exemption process is used to evaluate an individual’s criminal history if he or she has a conviction that meets any of the following criteria:
Misdemeanor Conviction for PEN 314 (lewd or obscene exposure of private parts)
Misdemeanor Conviction for PEN 368 (elder or dependent adult abuse)
Simplified Exemption – The simplified exemption process may be used for individuals who have not been convicted of a non-exemptible crime, or whose criminal history does not meet any of the criteria listed above for a standard exemption. The simplified exemption process entails only an examination of the convicted person’s rap sheet and any written or verbal self-disclosures received by the reviewing agency. The simplified exemption does not require a response from the individual and/or resource family.
Note: The reviewing agency has discretion to require a criminal record exemption using the standard exemption process even if the conviction(s) meets the simplified exemption criteria and is not on the non-exemptible list.
Individual Exemption – If the resource family elects not to pursue an exemption on behalf of an affected individual and the individual no longer resides or is regularly present in the home, the affected individual has the right to request an individual exemption on his/her own behalf. The Department may associate the individual to a RFH on receipt of a written request from a resource family/applicant.
Notification of the Criminal Exemption Decision
The following are the respective procedures for notifying an individual of the criminal exemption decision:
Approval
Standard – Notification of a standard or conditional exemption approval is sent to the resource family and separately to the affected person.
Simplified – Notification of a simplified exemption approval is sent to the resource family and separately to the affected person.
Individual – If the person is no longer associated to the home, the affected person still has a right to seek an exemption on his or her own behalf. Notification of an individual exemption approval is sent only to the individual. This process is for an individual who is not associated to, residing in, or regularly present in a resource family home.
Denial
Prior to issuing a NOA for denial of a criminal record exemption, the county must seek a legal consult with the CDSS. When an approval agency issues a NOA for an exemption denial or rescission to the individual, and the denial or rescission requires an action against the resource family or applicant, the criminal history of the individual who is the subject of the exemption decision must not be listed in the NOA to the family or applicant. A separate NOA for denial or rescission of the approval must be sent to the family or applicant that does not include the criminal history. The approval agency must notify the applicant or resource family of the denial or rescission using RFA 09, Notice of Action Regarding Resource Family Approval, and must concurrently notify the affected person using RFA 09(B), Notice of Action to Individual Regarding Resource Family Approval Criminal Background Exemption Decision. These forms can also be found on the CDSS RFA website.
RFA Applicant/Resource Family – If the Department denies or rescinds the exemption of an applicant or resource family, the application must be denied or the resource family approval must be rescinded. A Notice of Action must be issued.
Associated Individual – If the Department denies or rescinds the exemption of a prospective or actively associated individual, the individual may not reside or be regularly present in the home until an exemption is granted (see section on “Individual” below). If the person continues to reside or be regularly present in the home, the application must be denied or the RFA must be rescinded. Use the legal consult to determine if an exclusion action is appropriate based on conduct that did not result in a conviction.
Individual Exemption – If an individual who resides or is regularly present in the home is denied a criminal record exemption, the approval agency shall inform the resource family and the individual of the fact through separate, concurrent NOA notices. If the affected individual is no longer residing or regularly present in the home, he/she has the right to appeal the exemption denial or rescission on his/her own behalf.
All NOAs must include the reason an exemption was denied. The reason cannot include specific information about the conviction(s) unless it is being sent to the affected individual.
Pre-Approval Training
Applicants must complete twelve (12) hours of training prior to approval by a DCFS approved service provider. The purpose of pre-approval training is to help applicants understand the child welfare system and prepare to care for a child who has experienced trauma. An individual may begin pre-approval training no more than sixty (60) days prior to submitting an application. An application must be submitted prior to completion of pre-approval training.
The RHAS CBO will provide relative/NREFM caregivers with the pre-approval training. For all other applicants that are not relatives/NREFMs, they will receive their pre-approval training by a contracted service provider or community college.
Capacity Determination
DCFS must ensure that the capacity be no more than the total number of children and NMDs that an applicant or resource family can properly care for as determined by the Department. This requires the review and approval by the RFSPD SCSW.
The capacity may not exceed six (6), including adopted, biological, and guardianship children and children of a minor or NMD parent residing in the home.
There is an exception for siblings. Siblings will be placed in foster care together; unless it has been determined that placement together is contrary to the safety of well-being of any sibling per WIC 16002. The Department may approve a capacity greater than six (6) to for any of the following reasons:
To allow sibling groups to remain together
To allow a minor or NMD parent to remain with his or her child
To allow a child or NMD who has an established relationship with a resource family to remain with the family.
The Department may approve a capacity greater than six (6) if both of the following conditions are met:
The Resource Family is not a Specialized Resource Family or an Intensive Services Foster Care Resource Family.
The home is sufficient in size to accommodate the needs of all children and NMDs in the home. This may include an approved Documented Alternative Plan (DAP).
When determining the capacity of an applicant or resource family, the Department must consider the following factors:
An applicant’s or resource family’s ability to comply with applicable laws and the Written Directives.
The number of children or NMDs, in addition to any adopted, biological, guardianship children, and children or a minor or NMD parent residing in the home, for whom the applicant or resource family is capable of providing care and supervision and that the home can accommodate.
Any other household members and his or her individual needs.
Circumstances in the family environment that may affect the ability of an applicant or resource family to provide care and supervision to a child or NMD.
Physical features of a home, including all of the following:
The number of bedrooms and bathrooms.
The sleeping arrangements of family members and other individuals residing in the home
The Department may increase or decrease the capacity of a Resource Family when there is a change in any of the factors specified in #2.
If the Department increases or decreases the capacity of a resource family, the Department must update the written report and complete form RFA 05A, Resource Family Approval Certificate.
Updating the written report and completing an updated form RFA 05A should not result in any gaps or delays in funding.
If the Department approves a capacity that is less than that requested by an applicant or resource family, the Department must provide written notification to the applicant or resource family that includes the following:
Specific reasons for the limitation
Name and telephone number of the RFA SCSW.
Information that the applicant or resource family has the right to request a review of the decision.
If an applicant or resource family disagrees with the Department’s capacity determination, the applicant or resource family must submit a written request for a review of the decision to the RFA SCSW listed on the written notification provided by the Department within ten (10) calendar days from the date the applicant or resource family received the notification.
If the SCSW determines that a capacity determination was not issued in accordance with applicable statutes, regulations, or Written Directives, or that other circumstances existed, the RFA SCSW may amend the capacity determination.
Documented Alternative Plans (DAPs) may be used to help families meet the home environment assessment for non-safety and health issues.
Consult with Case-Carrying CSW if there is an adjusted capacity.
Family Evaluation
The Family Evaluation is a component of the Permanency Assessment. The Family Evaluation includes interviews of an applicant to evaluate their family system dynamics and strengths, and areas where more support or resources may be needed for more effective and quality parenting skills.
Family Evaluation Interviews
The Family Evaluation includes a minimum of two (2) face-to-face interviews with the applicant. It also includes a minimum of one (1) face-to-face interview with all others living in the home. The interviews must be conducted in a culturally competent and sensitive manner, taking into account the family’s background, experience, and trauma. When conducting the family background interviews, CSW’s must take into account that topics that the workers raise in those issues can be extremely difficult and even traumatizing, for caregivers to discuss.
Applicant Interviews
Number of interviews:
Two (2) face-to-face interviews
Additional interviews as determined necessary
Timing of Interviews
Initial interview: The initial interview must occur within twenty-one (21) calendar days of RFA case assignment or efforts to engage applicants should be documented in Binti, the RFA Tracking System, if an initial interview is not scheduled.
Second interview: The second interview occurs within fifteen (15) calendar days of initial interview. If not completed during this time frame, document efforts to engage applicants in Binti. Other interviews take place as needed.
Location of Interviews
One (1) interview must occur at the applicant’s residence.
Multiple Applicants
If there is more than one applicant, there must be one (1) individual interview of each applicant and one (1) joint interview of the applicants.
Inability of Applicant to Participate
The RFA worker must make multiple attempts to conduct the interviews. It is important to be accommodating.
If after multiple and documented attempts to conduct the interviews, the applicant refuses to be interviewed, the Department can deny an application if the denial is determined appropriate through the legal consultation with CDSS.
Interviews with Others in the Home
Number of Interviews
One (1) face-to-face interview with all other adults and adoptive, biological, and all other children and NMDs residing in the home of the applicant.
If other adults in the home cannot be interviewed due to scheduling issues after reasonable efforts have been made, a telephone interview can be done. If concerns arise from the phone interview regarding the adult, a face-to-face interview should be conducted or a web-based audio-video communication (e.g. Skype, Facetime, etc.) must be conducted.
Additional interviews as deemed necessary.
Location of Interviews
If the RFA CSW is unable to meet with the other adults face-to-face, the interview may be conducted via web-based audio-video communications.
Inability to Participate
If an adult residing in the home is unable to participate in an interview due to a compelling circumstance, the Department must determine if the interview is necessary to assess the applicant’s ability to be approved as a resource family.
Purpose
Interviews with other adults residing in the home must include a discussion of the individual’s background check results as well as any child safety issues (e.g. domestic violence, mental health, etc.)
Parenting skills of the applicant and strengths and weaknesses of the applicant.
Resource Family Written Report
The written report is a summary, analysis, and determination of an applicant’s suitability to foster, adopt, and provide legal guardianship to a child or NMD based on all the information gathered through the application and Comprehensive Assessment processes. The RFA CSW must provide a copy of the written report, once complete, to applicants.
Resource Family Approval Timelines and Good Cause
RFA Timelines
The RFA application must be approved or, denied, or withdrawn, within ninety (90) days, if a child is placed in the home prior to the home being approved as a resource family, such as placements on an emergency basis or placement based on a compelling reason per WIC 16519.5.
Good Cause
The Department must report to CDSS on monthly bases the number of applicants with a child or NMD placed in the home prior to RFA whose application process has exceeded ninety (90) calendar days from the date of placement. Document the good cause reason(s) for delay in approving or denying applicant(s) created by circumstances outside the direct control of the Department, and include the timeframe for completion. A family’s failure to cooperate with the process generally would not be considered good cause. Good cause must be determined on a case-by-case basis and documentation substantiating the good cause determination must be maintained in Binti.
Documenting Applicant(s) Information
Applicant information and RFA forms must be uploaded in Binti. Binti is the database used to document RFA information.
RFA 01B, Resource Family Criminal Record and DCFS 853 Affidavit
RFA 01C, Resource Family Application - Confidential
RFA 02, Resource Family Background Checklist and Out-of-State Child Abuse Registry Checklist
Background check results (LiveScan, AARS, LIS, Megan’s Law, DMV, LIC 198B or equivalent form from a responding state if that state requires its own state specific form, if applicable)
RFA 03, Resource Family Home Health Safety Assessment Checklist
Proof of Residence (Mortgage Statement or Rental/Lease Agreement)
Proof of Identification (e.g. driver’s license, California State ID, passport, etc.)
Note: Other identification can be provided. Immigration status is not reason for the Department to deny placement of a child with a relative or NREFM and it is not reason to deny an RFA application.
If not completed, inform applicants that they are required to submit copies of certificates verifying completion of CPR and first aid training no later than ninety (90) days following RFA. Document the date the applicants were informed about CPR and first aid training in Binti case notes.
The following needs to be documented in the Criminal Clearance Tracking System (CCTS):
Applicants and all adults residing or regularly present in the home
RFA Dispositions
Approvals
Applicants are approved as a resource family for any child or NMD or approved for a specific child or NMD.
Child-Specific Approval
An applicant may be approved to care for a specific child or NMD in circumstances when consideration of the familial or tribal relationship is of such sufficient significance that it outweighs any concerns about the applicant identified through the family evaluation.
The applicant shall meet all RFA standards described in the Written Directives.
The identified concerns or issues about the applicant shall not be of such significance that it may impact the health, safety, or well-being of the specified child or NMD.
Approval for a specific child or NMD does not guarantee initial or continued placement of the specified child or NMD with a resource family.
Prior to approving an applicant for a specific child or NMD, the Department must advise the applicant that the resource family may not accept the placement of any other child or NMD unless one of the following occurs:
An approval update is completed.
A child or NMD is placed with a resource family on an emergency basis.
The Department must initiate an approval update within five (5) business days of an emergency placement.
RFA Withdrawals
Withdrawal means a voluntary decision by an applicant to stop the application and assessment process. An applicant has the right to withdraw an application prior to approval or denial verbally or in writing. The Department must submit the BCII 8043, No Longer Interested notification form to the Department of Justice (DOJ) immediately for each individual.
The Department cannot initiate the RFA withdrawal process. It is solely and exclusively the applicant’s prerogative as to whether to withdraw their application, or see it through to completion. Additionally, an RFA application cannot be withdrawn when a child is placed in the home pending approval.
A withdrawal request cannot be accepted if a child or NMD is placed in the home of the applicants. RFA CSW must consult with SCSW and case carrying CSW and SCSW if an applicant states they want to withdraw when a child or NMD is in the home.
The RFA CSW must not withdraw the RFA application without confirmation that the placement has been end dated (e.g., CWS/CMS Screenshot that the child(ren) are no longer placed in the probationary Resource Family Home). The RFA withdrawal must not occur based on a verbal or email communication of an anticipated placement end date. Documentation of the withdrawal must be maintained in the resource family’s file as well as documented in Binti.
A family that withdraws a RFA application can resubmit their previous application within twelve (12) months of the date of withdrawal. If an applicant resubmits their previous application, the Department must verify that the information remains current or has been updated and require the applicant to sign the application again as confirmation. The date of the resubmission of the application begins the timeline for processing the application if the applicant received a placement prior to approval. The applicant may be required to resubmit documents or complete application requirements that were submitted or completed prior to withdrawal. This will not apply if the Department has taken an administrative action related to the initial application.
The Department may institute or continue any administrative action against an applicant, notwithstanding a withdrawal pursuant to WIC 16519.6(m).
Ceasing Application Process
If an applicant fails to complete the application process, the applicant must be provided with written notice that includes a description of all outstanding items necessary to complete the application process, a time period in which to complete the outstanding items, and an advisement stating that the Department my cease review of the application if after thirty (30) days the applicant does not make a good faith effort to complete the outstanding application items.
If the applicant fails to make a good faith effort to complete the application within 30 days of the date of the written notice, the Department may cease any further review of the application if a child or NMD was not placed with the applicants on an emergency basis or for placement based on a compelling reason. The RFA file must be closed in Binti. Ceasing a review is not an option if a child or NMD is placed in the home on an emergency basis.
The Department must allow an applicant up to twelve (12) months after ceasing review of an application to resume the RFA process. The Department can use the information submitted previously by the applicant but must verify that the information remains current or has been updated, and require the applicant to sign the application again as confirmation. The RFA file may be reassigned to a RFA CSW to complete the family evaluation. The Department may require an applicant to resubmit documents or complete application requirements that were submitted or completed prior to ceasing the review. If an applicant requests to resume the RFA Process after twelve (12) months of ceasing a review of an application, the applicant must submit a new application.
The Department must cease any further review of an application as follows:
An individual has had a previous application denial within the preceding year.
An individual has had a previous rescission, revocation, exemption denial, or exemption rescission by the Department or CDSS within the preceding two (2) years.
An individual was excluded from resource family homes or facilities licensed by CDSS, unless the excluded individual has been reinstated.
The Department may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances or conditions which the applicant shows have either been corrected or are no longer in existence.
The cessation of review must not constitute a denial of the application.
Resource Family Approval - Appeals
A Resource Family or Resource Family Applicant or individual who has received notice of a denial or rescission of approval, notice of a criminal record exemption denial or rescission, or notice of an exclusion, is accorded the right to a state hearing and other due process rights as set forth in this article and in WIC 16519.5 et seq.
DCFS may address any concerns with an applicant or a Resource Family prior to issuing a Notice of Action in order to assist an applicant or Resource Family in obtaining or maintaining approval. Workers must assist an applicant or Resource Family to mitigate the concerns before issuing a denial or rescission.
DCFS may require a Resource Family parent, applicant, or associated individual to participate in any of the following:
Conformance conferences or meetings.
Correction of any condition in the home that may adversely impact the health and safety, protection, or well-being of a child or NMD.
Submission of any required documentation.
The completion of classes, trainings, or counseling.
Any other action deemed necessary by the County.
An attempt to resolve a concern prior to the issuance of a Notice of Action does not preclude DCFS from subsequently issuing a Notice of Action. A Notice of Action must contain all of the following:
A written notice informing the individual of the action the County or Department intends to take.
The reasons for the action. Any applicable statutory or regulatory authority.
Notice of the right to submit a written appeal to contest the action,
Timelines to submit an appeal,
The address to which the appeal must be submitted.
The effective date of the action shall be no earlier than the date an appeal is due unless there is a temporary suspension order or an immediate exclusion order.
The date on a Notice of Action shall be the same as the date of service.
The NOA must be sent in the language spoken by the applicant.
Receives the DCFS 6087 via DCFS RFA Intake Inbox from the child's worker on behalf of relatives and NREFMs and RFA 01A form completed by the applicant after the orientation.
Review CWS/CMS to search for the following:
Duplicates
If they have been previously licensed or certified by a FFA
Determine whether the application is an initial.
Complete Intake page in Binti for assignment of a Community-Based Organization (CBO), if the applicant is a relative or NREFM.
The Binti system notifies the assigned RFA CSW of the applicant(s) assigned to them via email.
The Binti system notifies the Relative Home Assessment Services (RHAS) contracted CBO to be assigned to the applicant.
Upload DCFS 6087, RFA Intake Request form into Binti
If CBO determines that a child is in the home:
Add child
Change status from "Recruiting" to "Applying"
RFA Application Inbox Responsibilities
Within eight (8) business days of receiving the DCFS 6087:
Upload all documents into Binti that have not already been completed in Binti.
Enter all adults into CCTS for LiveScan [i.e., applicant(s) and all adults residing or regularly present in the home] .
Verify driver's license number and request the following clearances:
Department of Motor Vehicles (DMV) check on applicant(s) and any adults living in the home who may frequently transport a child or NMD
Licensing Information System (LIS) check
Print packet with RFA 01A, RFA 01 Addendum, DCFS 5600, and write the RFA ID number for Administrative Action Records System (AARS) check, and Megan's Law registered sex offender check.
If unable to identify applicant(s), notify RFA CSW via email and complete the following:
Document in Binti
Request response from RFA CSW in three (3) business days
Upload LIS results into Binti once received.
Email RFA Intake Inbox to assign a RFA CSW.
When Child or NMD is in the Home
RFA Intake Inbox Responsibilities
Upon receipt of the RFA 01, enter applicant(s) and all adults residing or regularly present in the home into the Criminal Clearance Tracking System (CCTS) for LiveScan.
Within two (2) business days:
Receives the RFA 01A via DCFS RFA Intake Inbox from the placing CSW.
Verify that caregiver was not previously approved.
Review CWS/CMS to search for duplicates and to determine whether the application is an initial.
If the applicant is a licensed foster family home, certified foster family home, or is an ASFA approved home, contact the Resource Family Recruitment and Approval Division (RFSPD) and Parents in Partnership (PIP) for RFA Conversion.
Assign a RFA CSW, RFA number, and Community Based Organization (CBO).
Complete Intake page in Binti for assignment of a CBO, if the applicant is a relative or NREFM.
The Binti system notifies the assigned RFA CSW of the applicant(s) assigned to them via email
The Binti system notifies the Relative Home Assessment Services (RHAS) contracted CBO to be assigned to the applicant(s)
Upload RFA 01A and RFA 01C, if available, into Binti.
Assign RFA CSW.
Send RFA application to DCFS RFA Application Inbox with RFA ID Number.
Update CWS/CMS with identifying information, RFA CSW assigned, and RFA ID Number.
Send caregiver letter with RFA CSW, CBO assignment, if applicable, and LiveScan locations. If the applicant speaks a language other than English, the letter must be sent in the language spoken by the applicant.
Receive the RFA 01A/560/RFA 01 Addendum and ensure RFA ID Number is written on RFA application.
In "Edit Application" tab on Binti, check for uploaded RFA 01A.
Upload RFA 01 and background clearance request documents into Binti.
Enter all adults into CCTS for LiveScan.
Print packet with RFA 01A, RFA 01 Addendum, and write RFA ID number for:
Administrative Action Records System (AARS) check
Megan's Law registered sex offender check
DMV check on applicant(s) and any adults living in the home who may frequently transport a child or NMD.
Licensing Information System (LIS) check
OHCMD records/status check
Log all requests for clearances for assignment.
Assigned clearance staff review information on request and process AARS, Megan's Law, DMV, and LIS clearance.
If unable to identify applicant(s), notify RFA CSW via email and complete the following:
Document in Binti case notes section
Request response from RFA CSW in three (3) business days
Upload LIS results into Binti once received.
CBO/Relative Home Assessment Services (RHAS) Responsibilities
Within seven (7) calendar days or receipt of RFA referral:
Print, review, edit and /or complete the following:
RFA 01A, verify information, spelling, and edit as needed.
Complete RFA 01 addendum for other adults in the home.
Obtain references and reference contact information.
Upload RFA 01A into Binti within two (2) business days, if not already done or if application was updated.
Obtain applicant(s) email address for Binti access, if available.
Provide applicant(s) with orientation packet.
Conduct RFA in-home orientation.
Provide applicant(s) with a copy of the RFA checklist and explain the checklist and process to them.
Assist applicant(s) in completing the following forms:
RFA 01B, Criminal Record Statement and DCFS 853 affidavit
RFA 01C, Resource Family Application -- Confidential
DCFS/A 118, Current Financial Resources
DCFS/A 33, Employment Verification
RFA 07, Health Screening
LIC 198B, Out-of-State Abuse/Neglect Report Request Adam Walsh Child or equivalent form from a responding state if that state requires its own state-specific form, if applicable
Request copy of driver's license and upload into Binti.
Schedule LiveScan for two (2) business days after initial visit.
Document discussion and date of LiveScan in Binti case notes.
Provide LiveScan information to any adults in the home.
LiveScan must be done within ten (10) calendar days following the criminal record check conducted through the California Law Enforcement Telecommunications System (CLETS) or five (5) business days after a child or NMD is placed with a relative or NREFM. The RHAS worker must contact the RFA CSW if LiveScan cannot be scheduled within the timeframe. Document the contact in Binti case notes.
Complete RFA 03, CBO Home and Ground Checklist and upload in Binti.
Inform RFA CSW of any health and safety concerns.
Provide goods and services on a case-by-case basis for RFA applicants when child(ren) are placed in the home.
Schedule training with applicant(s).
RFA CSW Responsibilities
Check the status of all adults who needed to LiveScan in CCTS.
Follow up with adults who have not LiveScanned
Within seven (7) calendar days of receipt of RFA referral, complete the following tasks:
Contact the case-carrying CSW via telephone or email. Document the contact in Binti case notes.
Complete CWS/CMS search for applicant(s).
Review Binti for uploaded documents.
Obtain the names and addresses of two (2) references who know the applicant(s). Mail or email the AD10, References. Document the date the reference was mailed or emailed and mail the Reference form to them.
Do not hand this form to the applicant to give out.
If the applicant is unable to provide the required references, then an evaluation of the reasons provided by the applicant as to why it cannot be provided.
Note: references can be given by phone as well.
First Telephone Contact
Contact the resource family within seven (7) business days of assignment to introduce yourself, explain your role in the approval process, and explain the RFA process.
Verify with the family which forms they have completed and which forms are outstanding. Provide the family with a copy of any missing forms.
Verify the number of children and adults in the home.
Ask the family if they completed the LiveScan.
Inform the resource family that you will be conducting a walk-through of the home during the first visit.
Schedule a day and time that will allow all family members to be present on your first visit.
Tasks Prior to Initial In-Home Interview (Family Evaluation)
Review Megan's Law, AARS, and DMV reports.
Verify LiveScan on CCTS and review results to determine whether an exemption is needed.
Review the list of non-approvable crimes to determine if the RFA application cannot be approved due to the criminal history of the applicant or any person residing in the home.
If a conviction is for a non-approvable crime, inform the SCSW. The SCSW will consult with the ARA, as well as the criminal exemption administrator, on how to proceed.
If an exemption is needed, submit the LiveScan, CACI, RFA 01B Criminal Record Statement, if available, and DCFS 5602, WIC 361.4 Exemption Request, via email to RFA Criminal Waiver inbox.
Notify the Criminal Exemptions Unit if an exemption is no longer needed or applicant withdraws application.
Review Binti for training certificates.
Initial Home Visit
The first visit occurs within twenty-one (21) calendar days after placement/referral.
Introduce yourself.
Engage the family.
Inform the applicant about being a mandated reporter, as specified in Penal Code (PC) section 11165.7.
Have the applicant sign the RFA 17B, Acknowledgment of Mandated Reporter Status
Interview all adults and children in the home face-to-face. See Conducting Interviews for more information.
Request rental/lease agreement or mortgage statement from the applicant.
If applicant is not on the lease, obtain verification letter of agreement and proof of permission from property owner using LA RFA GS1.
Tasks Prior to 2nd In-Home Interview (Family Evaluation)
Review LIS results.
Review Child Abuse Central Index (CACI) results.
Review OHCMD records/status check.
Write relevant aspects of Family Evaluation in Binti.
Check status of criminal waiver, if applicable, in Binti.
Second Home Visit
Within Fifteen (15) Days of Initial In-Home Interview:
Ask the applicant to accompany you on a walk-through of the home.
A DCFS 726, Documented Alternative Plan (DAP) may be approved for any non-safety home environment standard.
A DAP issued may be approved only for any adults residing on the home.
A DAP issued may be approved for a specific child or NMD in care.
A DAP must meet the following requirements:
Provides equal protection in terms of safety, sanitation, and personal rights of each child and NMD in the home.
Demonstrates how the intent of the Written Directives will be met.
Is not detrimental to the health and safety of any child or NMD in the home.
Is in the best interests of children and NMDs in care.
Is discussed and agreed upon between a Resource Family and program staff in a written document signed by both.
The written document must include supporting documentation for the request.
Submit to SCSW for approval.
Provide a copy of an approved DAP to an applicant or Resource Family.
Maintain a copy of the written approval or denial of a DAP in the case file for an applicant or Resource Family.
Conduct any remaining interviews with other adults and biological children in the home.
Completing a Resource Family Request for Community Families
Outreach and Recruitment Unit (ORU) Intake and Application Responsibilities
for Community Families
Receives the RFA 01 form completed by the applicant after the orientation
Reviews CWS/CMS to search for duplicates and to determine whether the application is an initial
Completes Intake page in Binti for assignment to an Outreach and Recruitment CSW and to the Community College Foundation
The Binti system notifies the assigned ORU CSW of the applicant(s) assigned
Uploads all documents into Binti that have not already been completed
Enters all adults into CCTS for LiveScan
Assigns an ORU CSW
Sends LiveScan letter to families and cc: ORU CSW
Outreach and Recruitment Unit (ORU) Adoption Assistant Responsibilities
for Community Families
Verify driver's license number and request the following clearances:
DMV check on applicant(s) and any adults living in the home who may frequently transport a child or NMD
Licensing Information System (LIS) check, Administrative Action Records System (AARS) check, and Megan's Law registered sex offender check
Upload LIS results into Binti once received
ORU CSW Responsibilities
Review Binti for uploaded documents.
Obtain the names and addresses of two (2) references who know the applicant(s). Mail or email the AD10, References. Document the date the reference was mailed or emailed.
Do not hand this form to the applicant to give out.
If the applicant is unable to provide the required references, then conduct an evaluation of the reasons provided by the applicant as to why it cannot be provided.
First Telephone Contact
Contact the Resource Family within seven (7) business days of assignment to introduce yourself, explain your role in the approval process, and explain the RFA process.
Verify with the family which forms they have completed and which forms are outstanding. Provide the family with at copy of any missing forms.
Verify the number of children and adults in the home.
Ask the family if they completed the LiveScan.
Verify LiveScan on CCTS and review results to determine whether an exemption is needed.
Review the list of non-approvable crimes to determine if the RFA application cannot be approved due to the criminal history of the applicant or any person residing in the home.
If a conviction is for a non-approvable crime, inform the SCSW. The SCSW will consult with the ARA, as well as the criminal exemption administrator, on how to proceed.
If an exemption is needed, submit the LiveScan, CACI, RFA 01B, Criminal Record Statement, if available, and DCFS 5602, Request for Assistance with a WIC 361.4 Exemption, via email to RFA Criminal Waiver inbox.
Notify the Criminal Exemptions Unit if an exemption is no longer needed or applicant withdraws application.
Review Binti for training certificates.
Verify that applicant has submitted all the necessary documents.
Submit to SCSW for approval and assignment to an RFA CSW.
Conducting the Family Evaluation
Relatives and NREFMs only: The initial in-home interview occurs within twenty-one (21) calendar days after RFA case assignment. The second interview occurs within fifteen (15) calendar days of the initial in-home interview required by the family evaluation.
If an applicant refuses to participate, or is unable to ensure all adults residing in the home participate in the interviews, or is unable to participate in an interview due to compelling circumstances, the RFA Worker must determine if the interview is necessary to assess the applicant’s ability to be approved as a resource family.
Contact any individuals using the home address who are not residing in the home to discuss with the individual the reasons for using the home address.
During the face-to-face interview, provide and assist the applicant(s) with completing the Family Assessment Questionnaire form.
The Family Assessment Questionnaire includes sensitive information and must be administered individually and in person, to allow the CSW to explain the reason the information is needed and provide the applicant an opportunity to discuss and process the information with the CSW.
Obtain the following information about children (adoptive, biological, guardianship) and NMDs in home:
Name, gender, date of birth, relationship to applicant, general health, past and current behavioral issues, custody arrangements, and disputes.
If minor children are not living in the home, the reason.
At a minimum, the following information must be gathered during the family evaluation of an applicant:
Motivation to become a Resource Family, including the relationship to a specific child or NMD considered for placement with the applicant.
Childhood upbringing and experiences.
Adult experiences and personal characteristics.
A risk assessment, which shall include:
Past and current alcohol and other substance use and abuse history.
Physical, emotional, and sexual abuse, neglect, and family domestic violence history.
Past and current physical and mental health.
Current relationships
Co-parenting roles
If applicant's spouse, domestic partner or significant other did not apply for Resource Family Approval, then the reasons for the individual application must be discussed.
Parenting experiences, practices, and discipline methods.
Discussion of how the applicant will promote ad normal, healthy, balanced, and supported childhood experiences and treat a child or NMD as part of the family, to the extent possible.
Family traditions or beliefs.
Family activities and home environment.
Parenting practices and discipline methods.
Ability to parent a child from different backgrounds or experiences, including race, ethnicity, sexual orientation, gender identity, or a child who is gender non-conforming.
Discussion of the background check results, including review of relevant CWS/CMS findings and Out-of-Home Care Division records.
Discussion of any services needed by the applicant to meet their Resource Family responsibilities.
Employment.
Financial situation.
Ability to ensure the stability and financial security of the family. An applicant who will rely on funding to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family per WIC 16519.5(c)(1)(D).
Understanding of legal and financial responsibilities when caring for a child or NMD.
Provide a copy of the DCFS 5620, Comparison of Legal and Financial Benefits: Adoption, Legal Guardianship, Fit and Willing Relative, and Another Planned Permanent Living Arrangement, if it hasn't already been provided.
Knowledge or ability to demonstrate an understanding of the following:
The safety, permanence, protection and well-being needs of children and NMDs who may have been victims of child abuse and neglect.
The needs and development of children and NMDs.
Effective parenting skills or knowledge about parenting.
A Resource Family's role and capacity to work cooperatively with the Department, birth parents, extended family, and other service providers in implementing the child's case plan.
Make use of support resources offered by the Department or by a support structure in place, or both.
Prepare a child for adulthood or prepare a NMD for the transition to independent living.
Participate in the Quality Parenting Initiative Partnership Plan, if applicable.
Honor the natural connections of a child or NMD.
Support permanency plans for the child or NMD, including reunification, and help prepare a child or NMD for permanence or provide permanency.
The Department may review information contained in the Child Welfare Services/Case Management System (CWS/CMS) or Child Welfare Services - California Automated Response and Engagement System (CWS-CARES) databases regarding an applicant to develop topics to discuss with an applicant during a family evaluation.
Completing the Resource Family Written Report
Relative and NREFM Resource Family Written Report must be completed within seventy (70) days of assignment.
RFA CSW Responsibilities
The Resource Family Written Report shall include, but non limited to, the following:
Identifying information of an applicant, any adopted, biological, or guardianship children residing in the home, and any adults residing or regularly present in the home.
An evaluation and determination of whether an applicant's home is safe and in compliance with RFA 03, Resource Family Home Health and Safety Assessment Checklist, including any Documented Alternative Plan (DAP) or Corrective Action Plan (CAP).
A description of the physical features of the home, including, but not limited to, the following:
The type of residence, such as a single-family home, apartment, or duplex.
The available living space.
The number of bedrooms and bathrooms.
Any other relevant information, such as the presence of weapons or any bodies of water.
Any identified concerns regarding an animal that may adversely impact the healthy and safety of a child or NMD must be evaluated and resolved with the applicant prior to approval.
An evaluation of the results of a background check of an applicant and all adults residing or regularly present in the home, including any criminal record exemptions granted.
Assess the effects of any criminal history on the ability of the applicant(s) to provide adequate and proper care to the child.
A statement verifying whether an applicant has provided the following supporting documentation specified in Section 5-03A(a)(8).
An evaluation of the information obtained during a family evaluation of an applicant, including a risk assessment.
If an applicant applied as an individual but is currently married, in a domestic partnership., or residing with a significant other in the home, then the evaluation must include the impact, if any, this has on the applicant's ability to be approved as a Resource Parent.
A determination of an applicant’s commitment and capability to meet the needs of a child or NMD including, but not limited to, the following:
Strengths and weaknesses of the applicant
Whether the applicant would only prefer to adopt, become a legal guardian, or provide foster care. Although it is helpful to know their preference, their preference alone is not reason to deny an application.
Understanding of the needs, safety, permanence, and well-being of children or NMDs, including those who have been victims of abuse or neglect
If an applicant has requested approval only for a specific child or NMD, then an evaluation of the reasons.
The Department cannot deny an applicant, specifically a relative or NREFM, as a Resource Family for expressing a desire to care for only a specific child or specific children.
The Department may approve an application that places conditions on the approval provided each applicant meets all of the standards for approval. Any conditions must be specified in writing on the Resource Family Approval certificate.
The Department may approve an applicant to care for a specific child or NMD in circumstances when consideration of the familial or tribal relationship is of such sufficient significance that it outweighs any concerns about the applicant identified through the family evaluation.
The applicant must meet all Resource Family Approval standards described in the Written Directives.
The identified concerns or issues about the applicant must not be of such significance that it may impact the health, safety, or well-being of the specified child or NMD.
Approval of a specified child or NMD does not guarantee initial or continued placement of the specified child or NMD with a Resource Family.
Prior to approving an applicant for a specified child or NMD, the Department must advise the applicant that, as a condition of approval, the Resource Family may not accept the placement of any other child or NMD unless one of the following occurs:
An approval update is completed, or
A child or NMD is placed with a Resource Family on an emergency basis.
Any conditions, including that the approval is for a specific child or NMD, must be specified in writing on the Resource Family Approval certificate.
The name of the specified child or NMD must be listed on form RFA 01C, Resource Family Application-Confidential.
A summary of an applicant's understanding of the legal and financial responsibilities for providing care to a child or NMD.
A statement that an applicant has been provided with the information specified in Section 5-03B(g).
Any concerns regarding the applicant.
Describe any historical or current events contributing to the concern and frequency and duration of the concern.
Attempts by the Department of applicant(s) to resolve or mitigate the concern.
The Department's determination of whether the concern has been resolved and the impact the concern has on the applicant’s ability to meet the qualifications of a Resource Family.
Verification that an applicant completed twelve (12) hours of pre-approval training.
The Written Report must state the number of training hours completed, any specialized training received ,and an evaluation of any feedback provided by a trainer.
CPR and First Aid training may be completed within ninety (90) calendar days following Resource Family Approval.
The characteristics of a child or NMD an applicant may best serve.
A summary of all interviews of applicant(s), children, NMDs, adoptive, biological, guardianship children, adults residing in the home, and other individuals.
If an adult residing in the home is unable to participate in an interview due to a compelling circumstance, document the reasons and the Department's determination regarding whether the interview is necessary to assess the applicant's ability to be approved as a Resource Family.
A capacity determination and the reasons supporting the determination. Also, indicate that the capacity determination was reviewed and discussed with the applicant.
Complete the Resource Family Written Report within seventy (70) days of assignment.
If unable to complete the RFA process within ninety (90) days of assignment, or if an emergency placement occurred more than sixty (60) days ago, consult with supervisor.
Review the Written Report with the caregiver for accuracy.
Forward the following to the SCSW for review and approval:
Resource Family Written Report
AD 10, RFA 01A, RFA 01B, RFA 01C, if applicable, RFA 02, RFA 07
RFA 03, DCFS/A 33, DCFS/A 118
Family Assessment Questionnaire
Background clearances
Pre-approval training certificate
Any other necessary documentation
If a subsequent Arrest Notification Service is received prior to the approval, interview the applicant/adult residing in the home regarding the arrest.
Obtain a copy of the arrest report.
Review the list of non-approvable crimes. If the arrest/conviction is a non-approvable crime, inform the SCSW. The SCSW will consult with the ARA on how to proceed. If the arrest/conviction does not meet the criteria of a non-approvable crime, document the contact and information regarding the arrest in the applicant case. Consult with the SCSW.
Assess the effects of the arrest on the ability of the applicant(s) to provide adequate and proper care and guidance to the child.
When the written report is approved, have at least one of the applicants sign the report and distribute a copy of the report to the applicant within ten (10) business days.
If an applicant is unwilling to sign the written report, document the refusal in the signature space.
RFA SCSW Responsibilities for DAP
Review DCFS 726. Approval or denial of the requested DAP is determined within seven (7) calendar days following submission of the request if there is an emergency placement or placement on a compelling reason. A requested DAP must be approved or denied within fourteen (14) calendar days following submission of the request for applicants who do not have a child in their home.
If approved, sign the DCFS 726.
If not approved, return to CSW for corrections.
RFA SCSW Responsibilities for Written Report
Review the RFA 01A, RFA 01B, if applicable, RFA 01C, RFA 02, AD 10, RFA 03, RFA 07, RFA 17A, RFA 17B, DCFS/A 33, DCFS/A 118, Family Assessment Questionnaire, or Documented Alternative Plan (if applicable), the Resource Family Written Report, and all clearances and any other necessary documentation within five (5) calendar days of submission.
If the assessment is approved, sign the approval page and forward the case to the Unit Clerk.
Have the designated staff mail the written report and complete and mail the Resource Family Approval Certificate.
The certificate must include the following:
The name of the county
The name(s) of the Resource Family
The date of approval
The date and type of most recent update
The capacity for which the Resource Family is approved
If applicable, that the approval is for a specific child or NMD
If applicable, that there are conditions placed on the approval
If the assessment is not approved, return to CSW for corrective action.
If there are serious concerns regarding the applicant's suitability as an adoptive parent and his/her ability to provide a safe and stable home for a child, discuss those concerns with the ARA, and proceed as directed.
If the decision is made to deny the applicant's request for RFA approval, prepare for legal consult to review Notice of Action (NOA). |
Update the approval in CWS/CMS.
Update the approval on Binti.
Place a copy of the completed RFA 05A in the resource family file and provide a copy to the resource family home.
The approval date must be the same for #2, #3, and #4.
Ensure that the RFA approved case file is transferred to the RFSPD within thirty (30) days.
Completing Good Cause Delay
The "good cause" is documented in Binti after ninety (90) days and every thirty (30) days thereafter until approval or denial when RFA is pending over ninety (90) days when a child or NMD is placed in the home.
RFA CSW Responsibilities
Document the reason(s) for delay and within each time category in Binti.
Applicant Fails to Complete the Application Process
RFA CSW Responsibilities
If a child or NMD is Not in the Home
When an applicant fails to complete the application process, provide the applicant with written notice that includes the following:
A description of all the outstanding items necessary to complete the application process.
A time period in which wot complete the outstanding documents.
An advisement that pursuant to WIC section 16519.5(c)(7)(C), the Department may cease review of the application of after thirty (30) days the applicant does not make a good faith effort to complete the outstanding application items, or if applicable, that the Department may deny the application.
Document proof of service of the written notice in the applicant's file.
Service by certified mail may be used for documentation by retaining a copy of the notice with the certified mail receipt service.
If after providing the written notice the applicant fails to make a good faith effort to complete the application process within thirty (30) days of the date of the notice, the Department may cease further review of the application, or if applicable, deny the application.
Submit the BCII 8043, No Longer Interested Notification form to the Department of Justice (DOJ) immediately, for each individual.
If a child or NMD is in the Home
The Department may not cease processing an application if a child or NMD is placed with the applicant(s) on an emergency basis or for placement based on compelling reason.
Consult with RFA SCSW and the case-carrying CSW and SCSW. If matter continues to be unresolved, consult with RFA ARA, RFA management team, and regional management to review the circumstances to determine a course of action.
Applicant Wants to Withdraw RFA Application
If a child or NMD is Not in the Home
Consult with SCSW regarding the withdrawal.
Attempt to obtain a statement in writing from the applicant confirming their request to withdraw. The statement can be sent via email. The statement is not required to proceed with the withdrawal.
Send a letter to the applicant confirming their request to withdraw their application and any applicable information as to the reason for the request.
Upload the written withdrawal request if received from the applicant
Upload the withdrawal letter to Binti
Submit the BCII 8043, No Longer Interested Notification immediately to the DOJ for each individual (e.g., applicant, other adults who reside or are regularly present in the home, etc.).
Document in Binti case notes the following information:
Date of withdrawal
A copy of the BCII 8043
The Department may institute or continue any administrative action against an applicant, notwithstanding a withdrawal pursuant to WIC 16519.6(m).
Notify the case carrying CSW and their SCSW via email of the applicant’s request to withdraw their application.
If a child or NMD is in the Home
Consult with RFA SCSW and/or RFA ARA regarding the withdrawal.
The discussion includes the reason the applicant wants to withdraw their application.
Consult with case carrying CSW and their SCSW as soon as possible but no later than two (2) business days informing them that the applicant wants to withdraw their application.
The discussion includes the plan for the child(ren) placed in the home.
If the withdrawal is due to the child being reunified with their parent, submit the minute order to RFA ARA indicating the Home of Parent (HOP) order.
Send a withdrawal letter to the applicant stating the reason for withdrawal and whether the applicant wants to continue the RFA process to care for other children.
A screenshot of CWS/CMS indicating the placement was ended must accompany the withdrawal letter.
Email case carrying CSW and SCSW requesting that the placement be ended now that the children are no longer in the home.
If there is not a resolution within seven (7) business days, review with the RFA ARA for follow-up with regional management.
Document approval of the withdrawal in Binti.
RFA SCSW Responsibilities
When a child or NMD is Not in the Home
If withdrawal is approved, close applicant case.
When a child or NMD is in the Home
Consult with ARA regarding the withdrawal, if guidance is necessary.
Consult with case-carrying CSW and SCSW informing them that the applicant wants to withdraw their application.
RFA ARA Responsibilities
If withdrawal is approved, document in Binti.
Notify SCSW to close the applicant case.
Denial of the Resource Family Application
RFA CEU Responsibilities
Submit the following to CDSS five (5) business days prior to the legal consult:
Legal consult memo
RFA 09B, Notice Of Action (NOA) To Individual Regarding Resource Family Approval Criminal Record Exemption Decision or RFA 09, Notice Of Action (NOA) Regarding Resource Family Approval (if the criminal exemption denial leads to the RFA applicant denial, the NOA is completed)
Draft Written Report
Other supporting documents that are evidence ofr the possible denial
DCFS 5620, Comparison of Legal and Financial Benefits -- Adoption, Legal Guardianship, Fit and Willing Relative, Another Planned Permanent Living Arrangement (APPLA)
All County Letter 18-75, addresses funding for emergency Caregivers with placement of children.
All County Letter 18-128, addresses monthly data reporting template and completion instructions for emergency caregiver (EC) payments pending Resource Family Approval (RFA).
Family Code (FAM) Section 8601 – States that, except as provided in subdivision (b), a prospective adoptive parent(s) must be at least ten (10) years older than the child. However, if the court is satisfied that the adoption of a child by a stepparent, sibling, uncle, aunt, or first cousin, and if that person is married, by that person and that person's spouse, and it is in the best interest of the parties and the public interest, the court can approve the adoption without regard to the ages of the child and the prospective adoptive parent(s).
FAM Section 8712 – States, in part, that the department or a licensed adoption agency shall require each person filing an application for adoption to be fingerprinted. The department or licensed adoption agency must also secure any criminal records of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. Any federal level criminal offender record requests to the Department of Justice (DOJ) shall be submitted with fingerprint images and related information required by the DOJ for the purposes of obtaining information about the existence and content of a record of an out-of-state or federal conviction or arrest or federal crime or arrest of a person. Notwithstanding subdivision (c), the criminal record shall be taken into consideration when evaluating the prospective adoptive parent. In addition, an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. Under no circumstances shall the department or a licensed adoption agency give final approval for an adoptive placement in any home where the prospective adoptive parent or any adult living in the home has either: A felony conviction for child abuse or neglect, spousal abuse, crimes against a child (including child pornography), or for a crime involving violence (including rape, sexual assault, or homicide, but excluding other physical assault and battery). A felony conviction that occurred within the last five (5) years for physical assault, battery, or a drug-or-alcohol related offense.
Government Code (GOV) 11522 – Lists the reinstatement process for individuals whose license has been suspended or revoked by a government agency.
Health and Safety Code Section 1522.1(b)(c) – States, in part, that in any application received on or after January 1, 2008, if the prospective licensed or certified foster parent, adoptive parent, or any person over age eighteen (18) residing in the home has lived in another state in the preceding five (5) years, the licensing agency or licensed adoption agency shall check the other state(s)' child abuse and neglect registry. The registry(ies) must be checked prior to granting a license, or approving any foster family home, certified family home, or person for whom an adoption assessment is conducted/who has filed to adopt.
Penal Code (PEN) 261.5 – Details the legal penalties for unlawful sexual intercourse with a minor.
PEN 314 – Details the legal penalties for indecent exposure.
PEN 368 – Details the legal penalties for crimes against elders.
Resource Family Approval Written Directives – Detail the California Department of Social Services requirements for licensing foster family homes and approving relatives and nonrelative extended family members as foster care providers, and approving families for legal guardianship or adoption.