Foster Care

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.)

Free birth certificates for youths in foster care

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Effective July 1, 2019, eligible youth in foster care are entitled to a copy of their birth certificate at no cost.  The local registrar or county recorder in the county where the youth was born is required to provide a birth certificate at no cost upon presentation of verification that the youth is in foster care.  Verification that the youth is in foster care must be from the county child welfare agency or probation department that has jurisdiction over the child or youth.  The California Department of Social Services cannot verify foster care status for this purpose.

The California Department of Public Health (CDPH) has developed an affidavit for certification of foster care status.  The county child welfare agency or probation department is required to provide verification of foster care status.  CDPH also has Frequently Asked Questions about no cost birth certificates for youth in foster care.  (ACL 19-103, December 2, 2019.)

Resource Family Approval Program portability

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The California Department of Social Services (CDSS) has issued answers to frequently asked questions regarding portability, the process for an approved Resource Family to seek streamlined approval with a subsequent agency that will best serve the needs to families and children.  The portability process is initiated only by the Resource Family.

Responses to the frequently asked questions include: the subsequent agency does not have a time frame to complete subsequent approval; subsequent agencies must accept portability applications; if the subsequent agency denies a portability application it must inform the current agency of the denial and if the county denies a portability application, it must provide a notice of action.

A new foster family agency must do a new criminal background check for the resource family.  If there is a pending investigation, the subsequent agency can complete portability, but the best practice is to wait until the investigation or administrative action is completed before moving forward to complete the portability process.  The current agency cannot charge the subsequent agency a fee to release records.  (ACL 19-97, October 30, 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.)

Presumptive transfer of children in STRTPs

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The California Department of Social Services (CDSS) has issued guidance on the presumptive transfer process for foster children and youth placed outside of the their counties of original jurisdiction in Short-Term Residential Therapeutic Programs (STRTPs).

Presumptive transfer is a prompt transfer of the responsibility for providing or arranging and paying for specialty mental health services from the county of original jurisdiction to the county in which the foster child or youth resides.  Presumptive transfer is intended to provide foster children and youth who are placed outside of their counties of original jurisdiction with timely access to specialty mental health services.

STRTP placements are intended to be short term.  Considering that placements are supposed to be short term and that there is an exception for placements of less than six months, it is often appropriate and in the best interest of the child to waive presumptive transfer.  For a waiver, the county mental health plan in the county of original jurisdiction must have an existing contract with a specialty mental health services provider, or the ability to enter into a contract within 30 days of the waiver decision and the ability to deliver timely specialty mental health services to the foster child or youth.

Counties should work together so that placement agencies have the information they need to make informed and appropriate waiver decisions.  County mental health plans should be able to enter into a contracts with an out-of-county STRTP when presumptive transfer is waived.  County mental health plans are required to ensure timely access to federally entitled EPSDT Specialty Mental Health Services for foster children and youth placed in STRTPs.   To facilitate this, county single points of contact are posted on the CDSS website.

Presumptive transfer can be waived if: 1) transfer would disrupt continuity of mental health care or delay access to services; 2) transfer would interfere with family reunification efforts; 3) placement in a county other than the county of original jurisdiction is expected to last more than 6 months or 4) the child or youth’s residence is within 30 minutes travel time to the established Specialty Mental Health Services provider in the county of original jurisdiction.

If presumptive transfer is waived, the placing county must work with the mental health plan in the placing county to address the child’s needs and the mental health plan in the placing county must ensure that the child receives Specialty Mental Health Services.

If a presumptive transfer waiver is denied, the placing county must notify the mental health plan in the receiving county and work to ensure coordination of care for Specialty Mental Health Services by immediately sending required paperwork to the mental health plan in the receiving county.  The mental health plan in the receiving county must ensure access to Specialty Mental Health Services.

In making a waiver decision, the placing county should consider: 1) The child’s service needs including family friends and close relationship, the Specialty Mental Health Services needs, Regional Center services, educational issues, physical health needs and transition or permanent planning and goals; 2) the provider’s STRTP profile.

When there is a discharge from STRTP who a child who has a presumptive transfer waiver, there must be a child and family team meeting, the placing county must identify a placement in which to step the child down, the placing county must provide transition services and the placing county notifies the mental health plan in the placing county if the child returns to the county of jurisdiction or moves to another county.  The discharge process is the same if a waiver is denied except that the mental health plan in the receiving county must work the with the mental health plan in the placing county for a smooth transition of Specialty Mental Health Services.  (ACL 19-94, September 18, 2019.)