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.)

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.)

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).