The California Department of Social Services has issued instructions implementing the court order in Ramirez v. Lightbourne, Sacramento Superior Court No. 34-2015-80002216, regarding eligibility for State AFDC Foster Care (AFDC-FC) benefits for guardians with non-California guardianship orders. The state AFDC-FC program provides cash aid to non-relative legal guardians. (See Welf. & Inst. Code § 11405; MPP § 45-203.) Previously, non-relative guardians with non-California guardianship orders could only be eligible for State AFDC-FC by obtaining a California guardianship order. Ramirez held that non-relative legal guardians with non-California guardianship orders are eligible for State AFDC-FC if the guardianship order is registered with a California court.
Counties must inform applicants for State Only Foster Care benefits who have a guardianship order issued by another state that they may be eligible for benefits either by registering their non-California guardianship order with a California court or by obtaining a new guardianship order from a California court. (ACL 17-82, July 27, 2017.)