Foster Care

Civil rights obligations to people who are deaf or hard of hearing

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County Welfare Directors (CWD) are legally required to ensure that communication with Deaf and Hard of Hearing (DHH) individuals is just as effective as communication with individuals without disabilities. DHH obligations include applicants for services and their companions, such as family members, friends, or associates. Written notes and lip reading are not effective or reliable forms of communication for most DHH individuals.

To ensure effective communication, CWDs must provide auxiliary aids and services promptly. Examples of aids and services include qualified interpreters, notetakers, captioning, and telecommunications devices. DHH individuals can choose which auxiliary aid or service they prefer.

Documentation of services provided to DHH individuals must be detailed and meet requirements for both language access and disability accommodations. Counties cannot charge for auxiliary aids and services.  CWDs must ensure that DHH individuals can obtain information about the existence of services. Best practices include visible posters informing the right to interpreter and including information about language access on websites or notices.

When an individual with a disability requests specific auxiliary aid or service, the CWD must give primary consideration to that request. CWDs must grant the individual preferred aid unless the preference causes undue administrative burdens, fundamentally alters the service, or an equally effective alternative is available. Denials must be approved by the County Welfare Director or their designee and documented with a written statement explaining the reason for the denial. In all cases, the CWD is responsible for offering effective alternative means of communication. There is no limit on the number of disability requests an individual can submit and no specific timeline for making these requests.

CWDs are required to provide interpreters when requested. Interpreters may include American Sign Language (ASL) interpreters, deaf Interpreters, tactile interpreters, or cued-speech transliterators, depending on the individual’s needs. Importantly, CWDs must not require or pressure individuals to bring their own interpreters. Only under minimal circumstances—such as emergencies involving imminent safety threats or when the individual voluntarily chooses to use an accompanying adult—is it acceptable to rely on a non-staff interpreter. Situations where it would be inappropriate for a guardian to provide effective communication include an interview with a child during a Child Protective Services (CPS) investigation. Children should never be used as interpreters except in genuine emergencies when no other options are available.

The California Department of Social Services (CDSS) encourages CWDs to establish contracts with Video Remote Interpretation (VRI) providers to help the CWD fulfill its obligation to provide timely services. VRI allows remote interpreters to facilitate communication via videoconferencing and can be helpful in situations where in-person interpreters are unavailable. However, VRI is not always suitable for every circumstance, especially when a DHH individual has low vision or when visual cues and body language are crucial for communication. Even when VRI is available, CWDs must prioritize the individual’s preferred communication method.

When communicating by phone, CWDs are required to create accessible telecommunication systems, including Video Relay Services (VRS), Text telephones (TTY), and captioned telephone services. However, telecommunication services are not a substitute for in-person interpreting services and should only be used when effective communication can occur by telephone.

CWD staff who interact with the public must receive civil rights and disability accommodation training upon hire and at least annually thereafter. This includes training in requesting interpreters, use of assistive technologies, and proper documentation procedures. In programs involving home visits, such as Child Welfare or CalWORKs, staff must plan to arrange interpreters or bring necessary tools to ensure effective communication off-site. If an interpreter cannot be secured in advance, visits should be rescheduled, except in programs that involve unannounced visits. In such cases, staff must be trained in obtaining real-time interpreter support.

CWDs must consider the unique needs of DHH children in out-of-home placements. For instance, assisting DHH children with communication through Resource Families and contacting individuals outside the home, such as relatives, social workers, or attorneys. Staff should be aware that family members may not be fluent in (ASL), which may necessitate the use of interpretation during visits. (ACIN I-39-24, September 17, 2024.)

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.)

Withdrawing state hearing requests

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California Department of Social Services (CDSS) State Hearings Division (SHD) has issued instructions regarding withdrawing of a state hearing request.  A claimant or the Authorized Representative can withdraw a hearing request any time before a decision is issued.

A withdrawal can be unconditional or conditional.  An unconditional withdrawal is a complete retraction of the hearing request without conditions.  There are three ways to unconditionally withdraw a hearing request.  A claimant can request an unconditional withdrawal in the ACMS computer system if they have an account.  A claimant can submit a request to unconditionally withdraw their hearing by mail, fax or email.  A claimant can submit a verbal request to unconditionally withdraw their hearing request using the Interactive Voice Response (IVR) system or by telephone.  SHD will send a letter to the claimant confirming the unconditional withdrawal request.

The opposing party may be aware that the claimant wants to unconditionally withdraw their hearing request.  If the opposing party tells SHD that the claimant or their Authorized Representative wants to unconditionally withdraw a hearing request, SHD will contact the clamant to confirm their intent to unconditionally withdraw their hearing request. If the claimant has any questions, SHD will tell the claimant to talk to the opposing party.  If the claimant or Authorized Representative confirms that they want to unconditionally withdraw the hearing request, SHD will enter the withdrawal in ACMS and will send the claimant a letter confirming the unconditional withdrawal.

A conditional withdrawal is a retraction of the hearing request based on the opposing party’s agreement to certain actions to resolve the case.  A conditional withdrawal must be in writing signed by the claimant or their Authorized Representative.

SHD will accept any conditional withdrawal request that is submitted by mail, fax, email, text, IVR, phone, or uploaded to ACMS, that includes written terms and is signed by the opposing party and the claimant.  These methods are considered to be a valid electronic signature.

A claimant or Authorized Representative can confirm a conditional withdrawal by phone with SHD.  The opposing party must contact the claimant to confirm the agreement.  The opposing party cannot rely on a telephonic signature unless they have gotten the claimant’s consent.  If the opposing party parts gets consent, they must upload the terms to ACMS.  SHD will then contact the claimant to confirm the terms.

The claimant or Authorized Representative can use the SHD IVR to state the terms of a conditional withdrawal.  If the opposing party has their own IVR, it can upload a recording of the terms to ACMS.  The agreement must state that the parties complete all terms within 30 days.

If the case has multiple opposing parties, all parties must consent to the conditional withdrawal.

When a case is withdrawn, SHD will notify all parties that the hearing request has been dismissed.

If the claimant or Authorized Representative does not appear at the hearing and a conditional withdrawal has not been processed, SHD will dismiss the case.

A party can withdraw a rehearing request any time before SHD acts on it.  After a rehearing request has been granted, the claimant can withdraw it with the approval of the Chief Administrative Law Judge.  The parties can submit a conditional withdrawal to resolve the case after rehearing is granted.  SHD will review the terms to ensure that all issues in the rehearing are addressed, and then will forward the request to the Chief Administrative Law Judge for approval.  (ACL 23-82, September 19, 2023.)

 

AFDC-Foster Care eligibility and redeterminations

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The California Department of Social Services (CDSS) has issued a reminder and updated policy regarding Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility and redeterminations.

AFDC-FC eligibility is established upon legal entry to re-entry into foster care, which is at the time a child is removed from the home or when a volunatary placement agreement is entered.  Annual deprivation redeterminations are not required.  Income and resources are not to be evaluated after the initial determination for the same foster care episode to determine continuing eligibility for AFDC-FC.

An eligibility redetermination is not required when a minor child or nonminor dependent in foster care receives income or property after the initial linkage determination is completed.  Counties must continue to assess for factors that impact AFDC-FC eligibility such as eligible placement, continued court jurisdiction, and, for nonminor dependents, participation in an employment or education activity.

Income and resources cannot be considered at any point in the foster care episode to determine eligibility a non-federal or federal AFDC-FC payment.  This is because a child in an eligible placement who is determined ineligible for a federal AFDC-FC payment is eligible to receive AFDC-FC without federal participation.

No redetermination can be conducted only because a youth turns age 18 while under an order for foster care placement.  Nonminor dependents who were eligible for AFDC-FC remain eligible until the youth exits foster care by court order.  A new AFDC deprivation determination is required only upon re-entry into foster care following a break in dependency.  That new determination is based only on the nonminor dependent’s income and resources, without regard for other family income and resources.

Beginning in 2022, there can be a new determination of AFDC-FC eligible for non-federally eligible youth who turn age 18 in order to access federal funds.

The Approved Relative Caregiver (ARC) program provides payments for relative placements that are not eligible for AFDC-FC.  Income or benefits on behalf of the child are not offset against the rate for ARC because the child’s income or benefits do not count in determining AFDC-FC benefits.  ARC benefits may only be reduced based on a partial month of placement.  Prior contrary guidance is superceeded.  (ACL 22-16, February 15, 2022.)

Bringing Families Home rules changes and funding

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Bringing Families Home (BFH) supports to families receiving child welfare services who are experiencing or at risk of homelessness, which increases family reunification and prevents foster care placement.   The child welfare services that BFH eligible families may be receiving include but are not limited to Family Reunification, Family Maintenance, Emergency Response services, or families in receipt of voluntary supervision to prevent the need for the child’s or children’s removal.

BFH eligibility now includes families who are homeless, at-risk of homelessness, families where the living situation cannot accommodate the child or multiple children in the home, and families who have not yet received an eviction notice.

In general, homeless for purposes of BFH means either 1) an individual or family who lacks a fixed, regular, and adequate nighttime residence, 2) an individual or family who will imminently lose their primary nighttime residence, 3) living in a supervised publicly or privately operated shelter designed to provide temporary living arrangements, 4) living in a place not designed for human habitation or for regular sleeping quarters, 5) Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, and the family has no other housing and lacks resources to obtain other housing, or 6) unaccompanied youth and homeless families with children and youth defined as homeless under any other federal statute who: (A) have experienced a long-term period without living independently in permanent housing, (B) have had frequent moves over a long-term period, and (C) can be expected to continue in that status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.

For the purposes of BFH, a person is defined as at-risk of homelessness when they are experiencing housing instability, including recipients who have not yet received an eviction notice; have no subsequent permanent residence secured; and lack resources to secure subsequent permanent housing.  Families must be allowed to self-attest that they are at-risk of homelessness.

For purposes of BFH, a living situation cannot accommodate a child or multiple children if it meets all three of the following requirements: A) the parent or guardian’s nighttime residence would not be an adequate or appropriate long term housing placement for children, or situations where a living arrangement, or tenancy would be terminated for the family if children were to live in the home; B) the family has no subsequent permanent residence secured, and; C) the family lacks resources or support networks needed to stabilize their unique housing situation and secure subsequent permanent housing.

Families and individuals must be allowed to self-attest that they meet the definition of “at risk of homelessness”, including that the living situation cannot accommodate a child or children. No additional verification or documentation demonstrating that a family meets the definition of “at risk of homelessness” is needed. BFH programs cannot require further evidence for the purposes of BFH enrollment.

BFH provides rapid rehousing service, which includes housing identification, rent and move-in assistance, and case management.  BFH can also provide supportive housing.  BFH can also provide homelessness prevention assistance, which includes payment rent or utility arrears, late fee payments, first month rent and/or security deposit, landlord mediation, repairs, habitability/accessibility improvements, and housing navigation.

BFH also provides housing related case management, housing navigation, housing related direct financial assistance, and housing stabilization.

BFH must operate in accordance with the United States Department of Housing and Urban Development Housing First principles.  This means that individuals should be connected to housing or housing support without preconditions, services must be voluntary, client choice must be respected, and client cannot be rejected on the basis of income, past evictions, substance abuse, or any other behavior that might indicate a lack of housing readiness.

Counties and tribes are exempt from the dollar-for-dollar match requirements for BFH between July 1, 2021 through June 30, 2024. (ACWDL, February 11, 2022.)

Caregiver’s right to access education records

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The California Department of Social Services has provided information regarding caregiver’s access to education records.  Caregivers for youth in foster care now have access to education records, including an approved or licensed foster parents, resource parents, an approved relative or non-relative extended family member, relatives caring for the child, tribally approved homes, foster family agencies and Short-Term Residential Treatment Program staff, even if they are not the child’s education rights holder.

Education rights holders, including caregivers who are sometimes assigned education rights by the courts, a child’s biological parent who retains education rights after their child is placed in foster care, or a person other than the child’s caregiver or biological parent who is appointed by a court to hold education rights, have full access to student records.

Education records inclue records of attendance, discipline, online communication on platforms established by schools for students and parents, and any plan adopted pursuant to federal law.

Child welfare agencies, probation departments, or their designated foster family agency, are required to take all necessary steps to assist the caregiver in obtaining relevant health and education agencies.

Case plans for children in foster care now must include the health and education summary, contact information be redacted when disclosure is a threat to health and safety, an assurance that the placement agency provided the health and education summary to the current caregiver and helped the caregiver in getting needed information for the health and education summary.  (ACL 21-86, August 20, 2021.)