Foster Care

Tribally Approved Homes

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The California Department of Social Services (CDSS) has issued information regarding approval, payment and placement preservation of Tribally Approved Homes.  A Tribally Approved Home is a home licensed or approved by an Indian child’s tribe or organization designated by the tribe, for foster or adoptive placement of an Indian child. Tribally Approved Homes are not subject to state approval standards.  Tribes have independent authority to approved homes according to their own standards and are not subject to Resource Family Approval Standards.

The county social worker or probation officer should request confirmation from the tribe that the tribe has approved a home.  The tribe must provide written documentation that the home has been approved.  Indian children placed in a Tribally Approved Home qualify for foster care if the Tribally Approved Home meets minimum federal standards prior to placement.  Those requirements are a home health and safety assessment meeting the tribe’s standards, and a criminal records check meeting specified conditions.  Federally recognized tribes now have the ability to receive state and federal criminal histories and can be approved to conduct their own background checks.  If a federally recognized tribe does not have authority to conduct their own background checks, the tribe must ask either the county or CDSS to conduct the background check.

If there are multiple children being placed and one child is not a member of the tribe approving the Tribally Approved Home, the home must meet Resource Family Approval standards.  The Resource Family Approval program allows for placement prior to approval, and allows a county to approve care of a specific child when the placement may be the only appropriate placement because of family or tribal relationship.

Tribes are encouraged to establish a complaint process.  If there is a complaint filed against a Tribally Approved Home, the county and tribal agency must work together to address the concerns.  If there is abuse or neglect where there is a potential risk to the health or safety of a child, a report to child welfare services must be made.  County probation and child welfare services can investigate, but cannot terminate the tribe’s approval of a home.  If the tribe terminates approval of a home, the tribe must notify the county within 24-48 hours and give written notification to the county.  If the tribe terminates a home, the county must evaluate whether the home will be approved under Resource Family Approval.

If a change in placement is being considered, a placement preservation strategy is required prior to issuance of a 14 day notice of placement change.  Any placement change must comply with the Indian Child Welfare Act.

Counties may place a child in a home pending tribal approval upon completion of a health and safety inspection, a criminal background check and a check of allegations of prior abuse or neglect.

Children placed in a Tribally Approved Home, or a home pending tribal approval, are eligible for foster care payments.  If a child is place on an emergency basis, the county should determine if the child is eligible for emergency caregiver funding.  (ACL 19-71, July 29, 2019.)

Requirements and guidelines for participation in the ASIST program

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The California Department of Social Services (CDSS) has issued guidance to counties participating in the Active Supportive Intervention Services for Transition (ASIST) program.  The ASIST program is a short-term resource to aid the transition of children, youth and Non-Minor Dependants currently residing residential placements, with priority for children who are not transitioning to a Short-Term Residential Therapeutic Program (STRTP).  ASIST will provide additional funding to counties to support extensive family finding, engagement, specialized permanency services, youth and caregiver coaching, and in-home support services.  ASIST program funding does not change existing county case planning and services obligations.

ASIST program funding is limited to the 2019/2020 fiscal year.  ASIST program funding will augment existing Wraparound services or other intensive support transition programs.  Counties must ensure that their contracted providers deliver services which meet the California Wraparound Standards.  Counties must also ensure that specialized permanency services are provided for youth whose case plan indicates permanent planning or supportive transition.

For ASIST program funding, counties must prioritize youth residing in residential placements with priority for youth not transitioning to a STRTP, youth who have been identified in the Child Specific Transition Plan, and youth who are in need of permanency.

All youth being served through the ASIST program must receive Wraparound services or other intensive support transition services, even if they do not meet the local criteria for eligibility.  This includes development of a short-term intensive transition plan.  In-home, individualized youth and caregiver services must available 24/7 as needed.

Participating counties must ensure that 21 requirements are met in partnership with contract providers or community partners.  (ACL 19-53, June 28, 2019.)

Funding for emergency caregiver placement

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Emergency Caregiver Funding for families with whom a child or non-minor dependant has been placed on an emergency basis has been continued.  This funding is also available for placements for a “compelling reason” pending approval as a Resource Family.

In addition, effective July 1, 2019, Emergency Caregiver funding must be paid to an emergency caregiver with whom an Indian child is placed pending approval as a Tribally Approved Home.  A TAH is a home that has been licensed or approved for placement of an Indian child by the Indian child’s tribe, or a tribe or tribal organization designated by the Indian child’s tribe, for foster care or adoptive placement using standards established by the Indian child’s tribe

To initiate funding on or after July 1, 2019, there must be a placement prior to approval in California on an emergency basis, or, for pending Resource Family Approval only, placement for a compelling reason.  Then the emergency caregiver must submit a Resource Family Approval application or initiate the Tribally Approved Home process with the tribe.  Finally, the caregiver must submit an application for emergency assistance.  The beginning date of aid is the date of placement.

Emergency Caregiver funding is available for up to 120 days, or until the emergency caregiver is approved as a Resource Family or Tribally Approved Home, or the child is no longer placed in the home, whichever is first.  (ACL 19-84, September 4, 2019.)

Reasonable accommodations in CDSS and DHCS programs

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The California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) have issued a joint letter reminding counties of their obligation to ensure equal access to persons with disabilities to state and federal funded programs.  This includes providing reasonable accommodations to qualified persons with disabilities and effective communication through auxiliary aids and services.  These obligations apply to all county administered programs, services and activities funded by, or with federal pass-through funds from CDSS and/or DHCS.  These obligations also apply to county contractors and vendors that provide program benefits or services.

Counties must adopt written policies detailing how they will comply with these requirements.  Counties must have a procedure for complaints regarding disability discrimination, including failure to provide a reasonable accommodation.  Counties must inform clients of the county complaint procedure and they may file discrimination complaints with the appropriate state or federal agency.

Title II of the Americans with Disabilities Act (ADA) prohibits counties from excluding from participation, denying benefits or services to, or discriminating against any qualified person with a disability.  A qualified person with a disability is a person with a disability who, with or without accommodation, meets the essential eligibility requirements for the program provided by the public entity.  Disability is a physical or mental impairment that substantially limits one or more major life functions, a record of such an impairment or being regarded as having such an impairment.  California law defines disability more broadly by removing the word “substantially” from the definition of disability, and counties are required to follow California law.  The ADA also guarantees equal access to individuals who have a relationship or association with a disabled person.

The ADA does not require public entities to allow a person with a disability to participate if that person poses a direct threat to health or safety of others.  However, the county must determine whether a person is a direct threat only evaluating whether reasonable accommodations can mitigate or eliminate the risk.  The determination of whether a person poses a direct threat must be made based on objective factual evidence and an individualized assessment.

The ADA requires counties to make reasonable accommodations by modifying their policies, practices, or procedures when necessary to provide equal access to persons with disabilities.   This includes waiving a program rule or policy to help a person with a disability, or a change in the way a county carries out a policy or practice affecting a person with a disability.

Counties must notify all clients of the right to request reasonable accommodations and the protection against discrimination on the basis of disability.

When the county has actual knowledge of a disability or when the need for an accommodation is obvious, county staff must offer to assist with appropriate disability specific accommodations.  Counties are encouraged to train staff to identify disabilities and offer to assist identifying accommodations.

When an individual asks for a change in county policies, practices, or procedures because a disability, this request should be treated as a reasonable accommodation request.  While counties can make a reasonable accommodation request form available, counties cannot require individual to use a specific form for a reasonable accommodation request.   Reasonable accommodation requests can be made in person, by telephone or in writing by the individual or someone acting on the individual’s behalf.  It is not necessary that a person be an authorized representative to request a reasonable accommodation.  There is no limit to the number of accommodation requests a person can make, and each request must be individually evaluated.  Counties cannot impose an arbitrary limit on the duration of a reasonable accommodation.

County staff must document all reasonable accommodation requests and subsequent county actions in the individual’s case file.

If an accommodation is not immediately agreed upon, or if there is a disagreement about the appropriateness of a requested accommodation, county staff must engage in an interactive process with the individual requesting the accommodation or a person acting on their behalf.

A county can deny a reasonable accommodation request only when the accommodation would  fundamentally alter the nature of the program, service or activity, or would impose an undue financial or administrative burden taking into account all resources available to the program, service or activity.  The determination that an accommodation request would be a fundamental alternation or an undue burden must be made by the county welfare department director or designee and must be accompanied by a written statement of the reason for the decision.  If such a decision is made, the county must take alternative action to ensure that the person with a disability can access relevant benefits or services while avoiding a fundamental alteration or undue burden.

Counties cannot impose eligibility criteria that exclude or tend to screen out individuals with disabilities unless such criteria are shown to be necessary for the operation of the program.  Counties must provide programs, activities and services in the most integrated manner possible.  Counties cannot change individuals with disabilities for the cost of reasonable accommodations.

Counties must ensure effective communication with individuals who have vision, hearing or speech disabilities.   Communication with these individuals must be equally effective as communication with people who do not have these disabilities.  This requirement extends to companions of applicants or recipients.  For persons who are blind, have vision loss, or are deaf-blind, this requirement includes providing individuals with disabilities with auxiliary aids and services when necessary to communicate effectively. This can include providing written communication in large print, braille, accessible electronic format for use with a screen reader or via audio recording or a qualified reader.  For persons who are deaf, have hearing loss, or are deaf-blind, this requirement also includes providing a note taker, qualified sign language, oral, cued-speech or tactile interpreter, real-time captioning, telecommunication devices, or written materials.  For persons who have speech disabilities, this requirement includes providing a qualified transliterator.  Counties cannot require persons with communication disabilities to provide their own interpreter.  Counties may allow another adult accompanying an individual with a disability to interpret only in emergency situations or when requested by the persons with a disability.  Counties cannot rely on minors to interpret except in emergency situations when no other interpreter is available.

If counties choose to use Video Remote Interpreting, the service must meet specific technical performance standards.

Counties must consider how the individual normally communicates and must give primary consideration to a request for a particular auxiliary aid or service.

Counties must modify their policies, practices and procedures to allow individual with disabilities to use service animals on their premises.  Counties may not require certification or other proof that an animal has been trained or licensed as a service animal.  When it is not obvious what service an animal performs, county staff may only ask if the animal is required because of a disability and what work or tasks the animal is trained to perform.  (ACL 19-45, May 16, 2019.)

Extended Foster Care for married youth and youth in non-active duty military service

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The California Department of Social Services (CDSS) has issued instructions for two changes in eligibility for Extended Foster Care.  First, nonminor dependants can now enter, reenter or remain in Extended Foster Care if they are married or get married.  Married youth in Extended Foster Care will be subject to the same supervision requirements as other nonminor dependants and they are eligible for the same placement options.

For the Transitional Housing Program for Nonminor Dependents, housing providers that allow non-participant roommates cannot exclude married youth on the basis of marital status.

Second, a nonminor dependants who is in the reserve command of any branch of the armed forces or is a member of the National Guard is not eligible for Extended Foster Care.  Nonminor Dependants who are on active duty are not eligible for Extended Foster Care.  Nonminor Dependents are not eligible for Extended Foster Care if they in extended training if the military does not allow a social worker/probation officer to conduct monthly visits and supervision.  The youth would be eligible to re-enter foster care when caseworker visitation can resume.

When a nonminor dependant is enlisted in a part-time military program, their Transitional Independent Living Plan can include military participation as a goal.  (ACL 18-101, September 12, 2018.)

Extended Foster Care for trafficking victims

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The California Department of Social Services (CDSS) has issued instructions implementing AB 604 which allows continued eligibility for extended foster care if the court vacates the youth’s underlying adjudication because they were a victim of human trafficking.

SB 855 (2014) clarified that commercially sexually exploited children whose parents were unable to protect them could be adjudged dependents of the juvenile court.  SB 1322 (2016) prohibits arrest or prosecution of a child under age 18 for soliciting or engaging in an act of prostitution for money or other consideration, or loitering with the intent to commit an act of prostitution.  SB 823 (2016) allows a person to petition the court for relief from an arrest, conviction or adjudication for any nonviolent offense that occurred as a direct result of being a victim of human trafficking.

AB 604 allows a youth who was a victim of human trafficking, had their conviction vacated,  and is otherwise eligible to remain under juvenile court jurisdiction to continue to be eligible foster care, extended foster care and related services.  Youth who have had their underlying adjudications vacated are not required to have met their rehabilitative goals to remain eligible for foster care or extended foster care.  Non-minor dependants who have had their underlying adjudications vacated and who choose to exit foster care may re-enter before age 21.

Minors who are under 17 years and 5 months or who do not meet the criteria for transitional juvenile court jurisdiction must be evaluated to determine if it is safe for them to return home without court supervision.  If it is not, a dependency petition should be filed on their behalf.  (ACL 18-113, September 17, 2018.)