0100-560.40 | Revision Date: 05/14/19
Overview
This policy provides guidance on when to use a Supervised Independent Living Placement (SILP) for nonminor dependents and explains the approval process for a SILP.
TABLE OF CONTENTS
Supervised Independent Living Placement (SILP)
SILP Readiness Assessment Update
Identifying a SILP as a Possible Placement
Out of Home Care Management Division (OHCMD) Responsibilities
SILP Inspector Responsibilities
A SILP Physical Unit is Approved
A SILP Physical Unit is Not Approved
Using Job Corps, Tribally Approved Housing or Dorms/University Housing as a SILP
Responding to a Health & Safety Risk in a SILP Unit
Responding to a Dispute that is Brought to the Court
Version Summary
This policy guide was updated from the 12/09/15 version, to provide new information regarding nonminor dependents (NMDs) in a SILP with a parent/guardian per ACL 17-83. Clarification regarding an alternate payee has been added. Instruction regarding the approval of Space Heaters has been added, thus canceling FYI 17-11, Assessing the Use of Portable Space Heaters for Supervised Independent Living Placements (SILP) dated 03/15/17. It also reflects that the SILP section is now under Out of Care Management Division, clarifies the out of state SILP approval requirement and site inspection responsibilities and standardizes the assignment of out of state and out of county SILP inspections. It also provides guidelines regarding safe sleeping practices, Corrective Action Plans and the replacement of the DCFS 123-A, SILP Readiness Assessment by the SOC 157C, Standardized SILP Readiness Assessment Tool.
A Supervised Independent Living Placement (SILP) is a flexible, non-licensed foster care placement available to nonminor dependents (NMDs) participating in the Extended Foster Care Program (EFC). It is intended to provide NMDs the opportunity for highly independent living experiences while they receive foster care payments and Supportive Transition (ST) services. SILP placements are for NMDs who are developmentally ready to live independently and in a less restrictive environment.
SILP placements include approved:
A SILP is not intended to be:
Living with appropriate relatives is acceptable and should be encouraged. For example:
For information regarding CalWORKs and SILPs refer to the Q.&A. Regarding CalWORKs and SILPs.
Eligible NMDs may be considered for an out-of-state SILP under the following circumstances:
In all cases, the DCFS ICPC Unit must be contacted to determine if the other state will accept or continue an ICPC for the NMD. As soon as the CSW is made aware that an EFC eligible or potentially eligible youth is planning to apply to and/or attend a college or university in a state other than California, the CSW should contact the DCFS ICPC Unit for consultation regarding the receiving states policy regarding NMDs.
ICPC Referrals must be submitted at least six (6) months if possible, prior to the planned placement date to allow sufficient time for processing by both DCFS and the receiving state.
All out-of-state and out-of-county SILP physical units (with the exception of Job Corps, Tribally Approved Homes and college dorms or other designated university housing) must be approved and annual re-inspection conducted by one of the following:
CSW or designee will have monthly face-to-face contact with the NMD and provide ST services within the parameters of local laws of the receiving state, (only when neither ICPC nor ST services provided by a locally contracted agency are available).
Any days that a NMD resides in an unapproved SILP site will not qualify for payment.
Tribes have the independent authority to approve a SILP using their own socially and culturally appropriate standards.
Nonminor Dependents (NMDs) assessed as being ready for a SILP may reside in a SILP in the same home as a parent or guardian, including the parent or guardian from whom the youth was initially removed and/or whose parental rights have been terminated, and receive foster care payments as long as DCFS is providing supervision. It is the responsibility of DCFS to consider the circumstances of the NMD and the supervised independent living arrangement to decide whether it would be an appropriate independent living setting.
The term “parent” refers to both a parent from whom the youth was removed and/or whose parental rights have been terminated or any non-custodial parent (e.g., a biological parent, guardian or adoptive parent.) The NMD is not being placed with the parent, being returned home or is in any way under the care or supervision of the parent. The NMD remains a dependent court under the placement, care and supervision of DCFS and must continue to meet all eligibility criteria for EFC and must continue to work with DCFS towards achieving independence, including maintaining monthly contact with their CSW.
Approving a SILP for a NMD in a home where the parent is also residing must follow the same approval process that is utilized for any other SILP including:
The SILP Readiness Assessment tool should be utilized to determine if the NMD is making appropriate decisions with regards to the person(s) with whom they plan to reside. For example, if a parent is known to have an active substance addiction, is an untreated perpetrator of sexual abuse or domestic violence is occurring in the home, that would indicate that the SILP request is not appropriate and should not be approved. Any concerns should be documented in the SILP readiness assessment and, if the concerns rise to the level of indicating that the NMD is not ready for the proposed SILP, the NMD should be directed to explore other placement options, including other SILP arrangements, if appropriate.
When a SILP has been approved for a NMD who will be living with a parent, it may be helpful to assist the NMD and parent in developing a Shared Living Agreement.
In any case where it has been established that a NMD is not ready to receive their payment directly and therefore a payee is required, the parent shall not be allowed to act as the payee for the foster care payment.
When the placing agency denies a NMD’s request to live in a SILP in the same home as a parent, the NMD shall be informed of their right to appeal this decision and shall be provided a copy of the county’s appeal procedures.
There are two steps to the SILP approval process:
The SOC 157C and SOC 157B must be completed for the following types of SILP placements to be approved:
CSWs must jointly evaluate with the NMD, the NMDs initial and continued readiness for a SILP by completing the SOC 157C, Standardized SILP Readiness Assessment Tool. The SILP Readiness Assessment (not required for Job Corps, Tribally Approved Homes and College dorms/University housing, including those out-of-state). The SILP Readiness Assessment is intended as an opportunity to work with the NMD to determine the most appropriate placement and to evaluate the NMDs preparedness in the specific area(s) identified in the SOC157C. It is not as a means to permanently deny a SILP placement. The outcome of the SILP Readiness Assessment must be documented on the SOC 157A. If the NMD disagrees with the outcome of the joint assessment, he/she has the right to a grievance process.
CSWs may note any areas in which the NMD needs to develop additional skills on the SOC 157C. Skills that need to be developed must be transferred into the NMDs Transitional Independent Living Plan (TILP) and must become part of the case plan. Needing additional skills in certain areas is not grounds for denial but may be an indicator that the NMD needs a SILP with support (e.g. a room rented from a relative).
Indicators that NMDs are not ready for a SILP may include, but are not limited to:
CSWs must jointly evaluate with the NMD, the NMDs continued readiness for a SILP by completing the SOC 157C, Section 1, Financial Plan and Readiness Assessment Summary under the following circumstance:
If the SILP Readiness Assessment indicates that the NMD is ready for a SILP, the NMD is responsible for finding his/her own SILP unit and the CSW is responsible for approving the appropriateness of the SILP unit. The Out-of-Home Care Management Division (OHCMD) SILP section completes physical inspections and annual re-inspection for all SILPs in LA County. If ICPC or a contracted agency is not in place, the CSW is responsible for physical inspections and annual re-inspection for all SILPs out-of-state and county. See procedures for out of state SILPs. Job Corps, Tribally Approved Homes and College dorms/University housing, including those out-of-state do not require approval for appropriateness or a physical inspection but the SOC 157B must be completed appropriately. As applicable, OHCMD or case-carrying CSW must complete a physical inspection with the NMD using the SOC 157B, SILP Inspection Checklist, within ten (10) calendar days of receiving the DCFS 123-B, SILP Inspection Request. If there is an urgent matter, the inspection will be completed within two (2) business days. The SILP begins upon the SILPsapproval and the first SILP payment arrives within sixty (60) days.
SILPs need to meet basic health and safety standards and must have the following amenities:
Minor issues that can be repaired by the landlord or that may seem undesirable but are not safety hazards are not reasons to disapprove a site.
As applicable, safe sleeping considerations should be part of the SILP Readiness process. In the event that concerns occur after the SILP readiness has been completed, the CSW and SILP Inspector must discuss with the NMD safe sleeping practices. As necessary, the CSW during the SILP readiness determination or thereafter (if the pregnancy or birth occurs after the SILP readiness has been completed), must discuss with the NMD the resources available to purchase a crib or toddler bed (e.g.Early Infant Supplement (EIS) while pregnant, Infant Supplement, etc.); or the CSW assists in exploring availability of Trust Fund or STOP funds, if all other resources are not available.
In the event that there remains a lack of a crib or toddler bed, the inspector may approve the SILP if all other requirements are otherwise met but must develop a Corrective Action Plan (CAP) to address this concern. Payment will start from the date of the approval of the unit, and the CAP should not delay the effective date of payment. The case-carrying CSW must return to the unit the soonest reasonable time necessary to check on the completion of the CAP and by the due date indicated in the CAP. The case-carrying CSW is responsible for checking and following up on the CAP’s completion. If there is any issue regarding the CAP’s completion that cannot be resolved, the staff must consult with the ARA and county counsel.
The date for the completion of a CAP should be the soonest possible, taking into account the ability of and resources available to the youth to complete the required correction with DCFS support as necessary, and the safety of the NMD and his or her child (as applicable). The CSW must document in the Contact Notebook and as applicable, Case Notes, any follow-up actions and active efforts made towards completion of the CAP.
A re-inspection of the SILP unit must be conducted annually to ensure no significant changes have occurred to the residence that compromises the safety of the unit. The re-inspection ensures that the SILP is still safe. It does not examine the cleanliness of the unit.
The SOC 157A and SOC 157B must be completed annually to document the annual re-inspection.
If the SILP Readiness Assessment determines that the NMD is ready for a SILP, an annual SOC 157C, Standardized SILP Readiness Assessment Tool does not need to be completed. SOC 157C, does not need to be completed annually, except in the following case:
NMDs have the freedom to choose their roommates. However, CSWs should guide NMDs in selecting appropriate ones, particularly if the prospective roommate is someone he/she does not know well. It is not required that roommates have background checks, and CSWs do not have the legal authority to conduct them on a potential roommate.
When it is suspected that an NMD who is living in a SILP is being abused by a roommate, it must be reported to local law enforcement rather than adult protective services.
All NMDs living in a SILP receive the California basic foster care rate the applicable county clothing allowance, and will be the payee of the SILP, unless an Alternate/Designated Payee is indicated. The NMD will receive the payment a month after the SILP approval. The Specialized Care Increment is not available for a SILP placement. However, parenting NMDs can receive the infant supplement when residing in a SILP.
In any case where it has been established that a NMD is not ready to receive their payment directly and therefore an alternate payee is required, the parent shall not be allowed to act as the alternate payee for the foster care payment.
Based on the readiness indicators in the SILP Readiness Assessment, the CSW will determine if the SILP is approved with assistance and the specific indicators which led to this determination.
If the young adult is not approved to receive funds directly, the CSW will assist the youth in identifying who will become the youth’s Designated Payee to receive the SILP payment on behalf of the youth. A parent or guardian shall not be allowed to act as the Designated Payee for the foster care payment.
The start date of the SILP payment to the NMD cannot be initiated any earlier than the date of the approved physical inspection documented on the SOC 157B. NMDs need to be informed that any days they reside in an unapproved site will not qualify for payments.
If an NMD must change SILPs unexpectedly, he/she may live in an unapproved SILP temporarily while awaiting approval of the new SILP.
An NMD has the right to a grievance process in the following situations:
To do so, the NMD must complete the DCFS 123-C, The Extended Foster Care Grievance Review Process For Nonminor Dependents. If the NMD disagrees with the decision made on his/her grievance, the NMD may bring the issue up before the court. These types of disputes may ultimately be brought before the court by the NMD without first using the grievance process.
Out of Home Care Management Division (OHCMD) Responsibilities
SILP Inspector Responsibilities
Assistant Regional Administrator (ARA) Responsibilities
Q. & A. Regarding CalWORKs and SILPs
Instructions for Assessing the Use of Portable Space-Heaters for SILPs
SOC 157A, Supervised Independent Living Placement (SILP) Approval and Placement Agreement
SOC 157B, Supervised Independent Living Placement (SILP) Checklist of Facility Health and Safety Standards
SOC 157C, Standardized SILP Readiness Assessment Tool
DCFS 123-B, SILP Inspection Request
DCFS 123-C, The Extended Foster Care Grievance Review Process For Nonminor Dependents
DCFS 123-E, DCFS SILP Inspection: Portable Space-Heater Safety Check-List
DCFS 280, Technical Assistance Action Request (for use ONLY when FCSS Automated 280 is not available)
Young Adult’s Guide to Housing
SOC 157C, Standardized SILP Readiness Assessment Too
0080-502.10, Case Plans
0080-505.10, Transitional Independent Living Plan (TILP)
0100-525.10, Interstate Compact on the Placement of Children (ICPC)
0100-535.25, Extended Foster Care (EFC) Program
0900-506.10, Clothing Allowances
0900-511.10, Rates for Placement and Related Services
MD 14-02, Travel Policy, Travel Advance and Expenses Reimbursement
All County Information Notice (ACIN) I-86-08 (November 20, 2008) – Provides information, in part, on the use of tribally approved homes as placement options for children under county jurisdiction.
All County Letter (ACL) 13-82 (October 16, 2013) - Provides instruction regarding CalWORKs and SILPs.
ACL 13-82E (March 25, 2014) - Provides revision to ACL 13-82 instruction regarding CalWORKs and SILPs.
ACL 13-91 (November 1, 2013) - Provides instruction regarding extended foster care and Indian nonminor dependents covered by the Indian Child Welfare Act (ICWA).
ACL 14-33 (July 3, 2014) - Provides instruction regarding nonminor dependents placed out-of-state.
ACL 17-83 (September 5, 2017) – Provides instruction regarding nonminor dependents in SILP with parent/guardian.
Indian Child Welfare Act, 25 United States Code Section 1931 – States, in part, that tribally approved homes are deemed equivalent to licensing or approval by a state.
Welfare and Institutions Code (WIC) Section 11402.2 – States, in part, the a nonminor dependent may live an in unapproved supervised independent living placement (SILP) temporarily while awaiting approval of his/her new SILP.
WIC Section 11461(a) – Sets rates for children and nonminor dependents placed in a licensed or approved family home.
WIC Section 11461(e)(1) – States, in part, that the specialized care increment rate shall not be paid to a nonminor dependent placed in a SILP.
WIC Section 16501.1(c)(1) – Defines the use of out-of-home placements, including Supervised Independent Living Placements. NMDs must be provided opportunities to have incremental responsibility to prepare to transition to independent living.
WIC Section 16501.1(f)(16)(A) – States, in part, that for nonminor dependents, the case plan must include a written description of the program and services that will help the nonminor dependent prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in Section 11403 and include steps on how the agency is ensuring that the nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults. For NMDs, if applicable, shall describe the Supervised Individual Living Placement.