Child Welfare Services

Voluntary relinquishment of juvenile dependent and non-dependent children

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The California Department of Social Services (CDSS) has released questions and answers about voluntary relinquishment of juvenile dependent and non-dependent children.  Voluntary relinquishment is when the birth/legal parents voluntarily turn over care, custody, and control of their child to the county or agency.  

The Resource Family Approval process can be used for voluntarily relinquishments.  This means that if the family accepting a child through voluntary relinquishment is Resource Family Approval approved, including assessment for Parent-Child Suitability, that family is eligible for foster care benefits.

For children who are already in the dependency process, the Court will decide whether to accept the voluntary relinquishment.

CDSS identifies forms for the relinquishing parent, including when the parent is located outside of California, for the Statement of Understanding for the parent, with different forms for when the child is already dependent, or when the child is non-dependent.  (ACIN I-43-24, September 17, 2024.)

CalSAWS system changes to support changes in foster care referrals for child support

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The California Department of Social Services and the California Department of Child Support Services have discussed several possible changes to the CalSAWS computer system to help implement changes regarding foster care referrals for child support.

However, despite the fact that no CalSAWS system changes have been made, the only foster care related child support cases that can be referred to the local child support agency are when a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.  All foster care related child support collection efforts should stop unless this exception is met.  (ACIN I-07-24, February 16, 2024.)

Foster Care child support arrears

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The California Department of Child Support Services instructs local child support agencies (LCSAs) to review all cases with foster care arrearages.  If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, whichever is greater, the LCSAs must deem the arrears uncollectable and remove them.

If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, and any of the dependent children are still receiving foster care services, the LCSA must ask the welfare department whether continued enforcement would be a barrier to reunification.

If there are no dependent children still receiving foster care services and the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, the case will not be reviewed for relief from foster care arrears.

Collections made prior to the collectability determination and removal of arrears will not be refunded.  (CSSP Letter 23-02, October 23, 2023.)

Referrals of families with a child in foster care to child support agencies

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Effective January 1, 2023, counties cannot refer parents whose children have been removed from the home and who are receiving Child Welfare Services to child support agencies.  The only exception to this rule is if a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.

In addition, effective January 1, 2023, accrual and collection of foster care related child support payments that do not meet the exception stops.

Counties are encouraged to reassess cases where the family meets the exception if they get information that the parent’s situation no longer meets the exception.

Counties must still do the CW 51 child support referral form for foster care cases and note on the form that the referral will not be sent to the local child support agency unless the parents meet the income exception.  (ACL 23-29, March 20, 2023.)

Forms and notices for CalWORKs Family Reunification grants

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The California Department of Social Services (CDSS) has released new forms and notices for the CalWORKs Family Reunification benefit.  The CalWORKs Family Reunification benefit provides up to six months of cash aid and child care as part of a child welfare services reunification plan.

CDSS states that families will be eligible for a Family Reunification cash grant when automation is complete.  (ACL 24-48, July 2, 2024.)

Changes to the Bringing Families Home program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Bringing Families Home Program. Bringing Families Home provides financial assistance and housing support services to families receiving child welfare services, including tribal child welfare services, where the family is experiencing or at risk of homelessness and housing stability will increase family reunification or prevent foster care placement.

For Bringing Families Home, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of homeless is now expanded to include individuals or families who are fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual, family member, including a child.

The definition of permanent housing is now clarified to be no predetermined time limits on the length of stay at the premises.

CDSS must adopt regulations for the Bringing Families Home program by July 1, 2024.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-21, March 21, 2024.)