Child Welfare Services

COVID-19 placement preservation guidance

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The California Department of Social Services (CDSS) has issued guidance to on meeting the placement preservation needs of children and nonminor dependents in out-of-home placements where a child or caregiver is exposed to COVID-19.

When there is exposure to COVID-19 but circumstances do not require hospital admission, children should be cared for at home.  Children who are experiencing mild or moderate symptoms of COVID-19 or who have been exposed to COVID-19 should not be relocated or issued a 14-day notice.  The fact that a child has been exposed to or tests positive for COVID-19 is not in and of itself a reason for placing the child into group care.  The child welfare system must prioritize placement preservation.  However, children in congregate care should continue to be reunified with their family or moved into home-based care setting as appropriate.

For any requests for unplanned discharge or 14-day notice for a child, families and facilities should consider all alternatives to maintain the child in the home, including relocating the children to other bedrooms, units or homes on the property, hiring additional temporary staff, requesting additional resources from the placing agency, or arranging additional support from community partners or agencies.  If a placement change is unavoidable, counties should first consider home-based alternatives, including reunification, extended home visits, or emergency placements.

Caregiver exposure or illness is not a reason in and of itself for moving a child.   When a health professional recommends that a child or caregiver be quarantined, the county or Foster Family Agency should work with the caregiver to develop an emergency plan for needs such as food delivery, medication delivery, telehealth consultation, and mental health services.  If the child is in a facility, the county should assist with the provider’s emergency plan.

Children’s residential care provides should establish health screening protocols for new admissions, children returning from being off the premises, and staff who enter and exit the facility each day.  The facility can request that the county provide COVID-19 screening.

If a congregate care facility believes a child in their care may be at high-risk for COVID-19, the provider should seek a telehealth consultation to determine if the child’s placement in congregate care is a health risk and whether an alternative placement is needed.

CDSS recommends that county placing agencies ensure that each child in a congregate care setting have a COVID-19 emergency plan.

Counties and service providers are reminded that the Indian Child Welfare Act (ICWA) remains in effect and all ICWA requirements must be met.  Counties should contact local tribes and any tribes where they have placements to determine whether tribes have changed their procedures in response to COVID-19.  For an Indian child, any placement change must be made in accordance with ICWA. (ACL 20-33, March 31, 2020.)

Interim housing and homeless program guidance on COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding CDSS housing and homeless programs for COVID-19.  The guidance relates to CalWORKs Homeless Assistance (HA), CalWORKs Housing Support Program (HSP), Bringing Families Home (BFH), Housing and Disability Advocacy Program (HDAP) and Home Safe.

CDSS does not limit the number of days of interim shelter, including nights in a hotel or motel, for HSP, Bringing Families Home, HDAP and Home Safe.

HA applications are not required to be in person or to include a face-to-interview.  Counties can complete the CW 42 application form for the client and have then sign electronically.  Existing rules requiring issuing 3-days of benefits while homelessness is verified remain in effect.  However, counties are strongly encouraged to issue benefits without requiring clients to come to the office, including allowing sworn statements and granting good cause instead of requiring clients to come to county offices.  Although existing guidance requires counties to issue vendor payments when there has been a finding of mismanagement, if there is no feasible way to issue vendor payments because of COVID-19, counties should consider issuing benefits on the client’s EBT card.

Clients affected by COVID-19 may be eligible for an exception to the once-every 12 months rule for HA.  For example, if a parent in an assistance unit is concerned about infection and asks to isolate themselves, HA should be granted based on an exception because of illness.

HDAP funds can expand existing housing options used by HDAP clients, including shelters, recuperative care housing, hotel or motel leases, or interim housing programs.  For example, expanding a shelter program could include offering specialized quarantine options or leases with motels to provide housing for homeless persons impacted by COVID-19.  Counties can also purchase supplies for a specialized quarantine area or establish a new shelter program for HDAP clients specific to COVID-19.  In addition, HDAP funds can be spent on outreach to locate persons potentially eligible for HDAP who are residing in homeless camps who require medical care related to COVID-19.

Home Safe funds can be spent on landlord engagement, including incentives for landlords to participate in Home Safe.  Such payments can include in-kind goods to address COVID-19 impacts such as medical or sanitizing equipment and supplies.  Home Safe funds may also be used for interim housing, including motels.

HSP funds can be used for a range of financial and supportive services, including providing interim housing, helping participants navigate systems of care, providing rental assistance, incentive payments in the form of good for landlords participating in HSP, and supplies necessary to keep housing habitable.  Counties can provide landlord mediation and discussion of tenant’s rights to avoid eviction or housing displacement.

BFH for families experiencing homelessness or at risk of homelessness with an open child welfare case can include interim housing, tenant engagement, case management, public systems assistance, and conflict mediation with landlords or neighbors.  BFH can locate and pay for motel stays for families seeking interim housing that is not a shelter.  BFH can also pay for cleaning supplies.

A three-day notice to pay rent or quit meets eligibility requirements for HA, BFH, HDAP and Home Safe.  HA can be used to pay up to two month rental arrearages to prevent eviction.  (ACWDL, March 19, 2020.)

The HA provisions of this letter are superceeded by All County Welfare Directors Letter, March 31, 2020, summarized here.

Child Welfare and Probation services during COVID-19

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The California Department of Social Services (CDSS) has issued guidance to child welfare agencies and juvenile probation departments on operation and providing services information regarding changes child welfare services and probation because of COVID-19.  Except for disaster planning, this ACL superceeds ACL 20-23 issued on March 13, 2020.  Counties must ensure continuity of services.  Even if counties operate with reduced face-to-face contact, counties must continue to address safety needs to children reported to be abused, children in foster care and children who remain at home who receive child welfare services.

In the event of an emergency placement, families are generally required to submit fingerprints for background check within 10 days or 5 business days of receiving the emergency placement, whichever is sooner.  If live scan is not available, the county can rely on results from California Law Enforcement Telecommunications System (CLETS).  Live scan should occur within 15 days of when services are restored and stay at home order is lifted.

Children and families receiving Family Maintenance services can have monthly caseworker visits by videoconference because of emergency.

For children in foster care, the federal government will now allow monthly caseworker visits by videoconference when an emergency prevents face-to-face contact.  Whether a monthly visit should occur in person is a child-specific decision to be made by the social worker. Videoconference is recommended as the first alternative.  Counties should assess if weekly or bi-weekly video contact should occur.  Telephone calls acceptable if videoconferencing is not available.

For nonminor dependents, monthly visitation can occur through viderconference, telephone, or courtesy supervision by a tribal representative or another Title IV-E agency.  Regardless of how monthly visits are done, case workers must ensure that nonminor dependents have resources and a plan for following local public health guidance, including housing, food, water, hygiene and other needed items.

Counties must contact non-minor dependents who are in school to ensure that they have necessary resources while they are out of school and to assist in returning to campuses when schools reopen.  If a youth is displaced from their dorm, counties should continue Supervised Independent Living Program payments until they find a new or temporary residence.  To assist with online classes, iFoster is offering free unlimited hotspots, headsets and laptops to assist with taking online classes.

Foster parents should provide videoconferencing with other family members if face-to-face visits do not occur.  Counties should assess each situation individually to make this determination.  Face-to-face visits should continue for children under age 3.

Social workers should maintain telephone contact and engage with parents and guardians.  Caseworkers should empower parents to use community support systems and to continue talking prescribed medications.  Caseworkers should assure parents that services discontinued or interrupted will not impact the assessment of whether they are in compliance with court-ordered reunification services.

For youth placed out of state, monthly visits must continue.  The social worker or probation officer determines whether the monthly visit will occur in person.  If a face-to-face visit is not necessary to ensure the child’s safety and well-being, videoconferencing is the first option for communication.  Counties should contact CDSS for assistance if there are problems related to travel restrictions for face-to-face visits.  CDSS will work with other states to facilitate visits.  Counties should be flexible with other states that request assistance with face-to-face visits.

Child and Family Team meetings are an important strategy to ensure families and providers can continue caring for children and counties are aware of the needs of children and caregivers.  Meeetings can be conducted by videoconference.

Post-placement supervision visits with children and youth in adoptive placement can be conducted by alternative means including videoconference based on the individual circumstances of the case.

If a child welfare agency is contacted by a parent who wishes to relinquish their non-dependent child for adoption, counties should consider entering into a voluntary placement agreement and postponing accepting relinquishment until face-to-face visits resume.  Agencies should not accept relinquishments by videoconference or telephone.  When agencies accept relinquishments, the requirement of two witnesses to the birth parent signing the relinquishment in person and the requirement that the birth parent receive appropriate counseling and advisement prior to signing remain in place.  (ACL 20-25, March 21, 2020.)

Child Welfare and Probation changes due to COVID-19

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EXCEPT FOR DISASTER PREPAREDNESS, THIS ACL IS SUPERCEEDED BY ACL 20-25, March 21, 2020, summarized here.

The California Department of Social Services (CDSS) has issued information regarding changes child welfare services and probation because of COVID-19.  Counties must ensure continuity of services.  Even if counties operate with reduced face-to-face contact, counties must continue to address safety needs to children reported to be abused, children in foster care and children who remain at home who receive child welfare services.

Current requirements for monthly in-person visitation have not changed at this time.  The federal government indicated that there are no exceptions to the requirement for at least monthly visits to children in foster care.

Counties may reassess the need to request support from their peers in out of county placement cases.  Counties should also coordinate with tribal partners.

For youth placed out of state, counties should contact CDSS for assistance if there are problems related to travel restrictions for face-to-face visits.  CDSS will work with other states to facilitate visits.  Counties should be flexible with other states that request assistance with face-to-face visits.

Counties must contact non-minor dependents who are in school to ensure that they have necessary resources while they are out of school and to assist in returning to campuses when schools reopen.  To assist with online classes, iFoster is offering free unlimited hotspots, headsets and laptops to assist with taking online classes.  A flyer about the program is attached to the All County Letter.

Delays in Resource Family Approval (RFA) related to COVID-19 may be considered good cause for not meeting the 90 days timeframe for RFA completion and emergency caregiver funding should continue beyond 120 days.  (ACL 20-23, March 16, 2020.)

SOGIE awareness during child welfare intakes

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The California Department of Social Services (CDSS) has issued guidance to child welfare services hotline social workers when receiving referrals alleging abuse related to a child or youth’s sexual orientation, gender identity or gender expression (SOGIE).

If there is an allegation of abuse or neglect due to the child’s SOGIE the social worker should ask a list of specified questions.   Social workers must assess the threat to a parent or caregiver’s acts based on SOGIE may pose to the child’s safety and well-being.  Affirming or supporting a child’s SOGIE is not abuse or neglect.

The hotline worker should enter relevant information pertaining to SOGIE into the narrative section of the referral.  Hotline workers do not need to routinely complete the SOGIE data fields unless they have spoken directly to the child in a meaningful conversation about SOGIE.  Probation officers may need to cross report information to child welfare services and must consider SOGIE information when assessing families.

The child is the principle owner of their SOGIE information.  If it is unknown whether the parent or caretaker is aware of the child’s SOGIE, information should not be disclosed without the child’s.  The child welfare services agency must consider the need for privacy of the child’s SOGIE information prior to referring a parent or caregiver to a SOGIE-specific community resource.

Social workers who are first responders should be trained on SOGIE community resources and child’s privacy considerations regarding SOGIE.  (ACL 19-92, October 8, 2019.)

Placement responsibility for non-minor dependants in extended foster care

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The California Department of Social Services (CDSS) has issued guidance regarding extended foster care and placement responsibilities for non-minor dependents.   Extended foster care must be offered to all persons in the foster care system who turn 18 in order to continue to receive supportive services.  Young adults who decline extended foster care may be able to enter between age 18 and 21.

A placing agency must offer the least-restrictive, safe and appropriate available placement to non-minor dependents.  Placement should also be based on the developmental needs of young adults.  Non-minor dependents must be included in placement decisions.  The placement agency must offer a safe and suitable placement that is immediately available.

Counties must have a documented process for young adults seeking to re-enter extended foster care.  There should be no delay when an agreement to re-enter is signed and the agency determines the requirements to reenter are met. If at the time the agreement is signed the youth does not have safe, appropriate housing, the placing agency must immediately offer a placement prior to a re-entry hearing.

If a non-minor dependant is at risk of losing or leaving their placement, the case worker should try to engage the non-minor dependant.  The placing agency should work toward preserving and strengthening the placement.  If the youth loses or leaves placement, the county pleacement agency remains responsible for offering a safe and appropriate placement which the youth remains under juvenile court jurisdiction or is a party to a reentry agreement.  (ACL 19-105, October 29, 2019.)