Foster Care

Resource Family Approval Hearing Procedures

Posted on by

CDSS has issued instructions about administrative hearings in the Resource Family Approval (RFA) program.  RFA is a unified process for licensing foster family homes, approving relatives and non-relative extended family members as foster care providers, and approving adoptive families.  AB 403 amended Welfare and Institutions Code Section 16519.5 to create a right to a state hearing to appeal a county action denying or rescinding a RFA or criminal records exemption, or CDSS’ action to exclude an individual from a resource family.  A resource family parent, applicant or associated person will have the right to a state hearing to challenge application denial, rescission of approval, exemption denial or approval, or exclusion.  Such a hearing must be requested within 25 days of service of a notice of action, or 30 days if the notice is mailed.

Disputes regarding submission of an alleged severe neglect or child abuse incident to the Child Abuse Central Index are submitted to the county and there is not state hearing jurisdiction for these disputes.  There is also no right to a state hearing regarding decisions to remove or place a foster child and those disputes can be submitted to the county grievance procedure.

Cases where a county denies a relative or non-relative extended family member approval to provide foster care  and approval is requested prior to December 31, 2016 will continue to have the right to a state hearing under the court order in Harris v. California Department of Social Services.

Hearings will occur before either the California Department of Social Services State Hearings Division or the Office of Administrative Hearings.  For a description of the issues that are heard by the California Department of Social Services State Hearings Division or the Office of Administrative Hearings see Resource Family Approval Program Written Directives Version 3 at pp. 79-81.  (ACL 16-110, December 19, 2016.)

Preserving Medi-Cal eligibility for Foster Youth who run away from placements

Posted on by

DHCS has issued a letter to clarify eligibility guidelines for foster care youth who leave court-ordered placements.  While loss of contact with the youth may discontinue foster care payments, that youth may be in other Medi-Cal aid codes and must not be discontinued simply due to loss of contact.

During ex parte review of Medi-Cal cases, workers should determine if the foster care youth is still under jurisdiction of the court; if so, the youth should be placed in the appropriate Medi-Cal only aid code not associated with a foster care payment.  If the foster care youth is still under the court’s jurisdiction, that youth should stay in the appropriate aid code regardless of whether the youth is located.  Foster care youth are not required to enroll into managed care unless in a COHS county.

The letter runs down scenarios about whether a foster care youth is located, where that youth is located, and whether the youth is under jurisdiction of the court.

DHCS ACWDL 16-20 (September 1, 2016).

Resource Family Approval program

Posted on by

The California Department of Social Services has issued information about the Resource Family Approval (RFA) program. RFA is a new foster caregiver process that is a one-time approval with the same assessment, information and training for all foster caregivers. The assessment includes home environment, background checks, psychosocial assessment and training.

Placements can be made prior to approval in emergencies if the home passes inspection, the foster caregiver passes a criminal records check, and the foster caregiver initiates the RFA process within five days. Placements can also be made prior to approval if there is a compelling reason based on the best interest and needs of the child, the foster caregiver has already completed the home assessment, and post-placement the foster caregiver completes the psychosocial assessment and training within 90 days. Foster care benefits cannot begin until the RFA approval process is completed.

Five counties have already implemented the RFA. Nine counties will implement the program between January and June, 2016. All counties must implement RFA on January 1, 2017. ACL 16-10 (February 17, 2016).

Changes in Processing Medi-Cal Cases for Former Foster Youth

Posted on by

Recently, DHCS has issued some new guidance regarding Medi-Cal for Former Foster Youth (FFY).

First, if a former foster youth becomes eligible for Medi-Cal through Hospital Presumptive Eligibility (HPE), aid code 4E, counties are to process the beneficiary for full-scope Medi-Cal aid code 4M within 30 days.  If workers are unable to verify FFY status, they must assess for other programs and send a notice accordingly.  DHCS MEDIL I 15-28 (9/25/15)

Second, DHCS has provided new SAWS notices for FFY.  The notices provide language for approvals, conditional approvals, automatic renewals, continuations of coverage, and changes to coverage after age 26.  Beneficiaries should also receive appropriate denial notices as needed.  These revised notices need to be issued no later than October 30, 2015.  DHCS ACWDL 15-32 (10/7/15)

Fixing Medi-Cal Aid Codes for Former Foster Youth

Posted on by

DHCS issued instructions to the counties to facilitate the appropriate Medi-Cal coverage of former foster youth through aid code 4M.  Former foster youth are entitled to receive Medi-Cal through the age of 26.  The current CalHEERS programming uses MAGI rules, resulting in some eligible former foster youth being assigned other aid codes or not at all.

The state is extracting data for the counties on affected former foster youth who should be assigned aid code 4M.  Counties must use available information to verify former foster youth status, and then immediately enroll eligible individuals into the proper aid code and issue a NOA.

This letter applies to those currently receiving Medi-Cal with a different, non-cash aid linkage aid code, and those without an aid code but with eligibility for APTCs.  The state will issue a separate letter for those former foster youth enrolled in a qualified health plan through Covered California.  DHCS ACWDL 15-29 (9/16/15).