COVID-19 and Resource Family Approval

The California Department of Social Services (CDSS) has provided guidance for operating the Resource Family Approval (RFA) program during COVID-19.  Interviews for family evaluation, including the applicants and children in the home, may be done by videoconference.

Capacity requirements for resource families or applicants may be waived if there is an immediate need for placement of additional children because of isolation or quarantine requirements. There may not be more than 6 foster children in a home unless there is an exception to the federal capacity limit.

A county may waive home and grounds requirements related to bedroom sharing and use of common areas for sleeping as necessary because of COVID-19.

If an RFA applicant cannot complete pre-approval training but has completed all other RFA requirements, the family may be approved and pre-approval training completed within 180 days of approval.

For complaints alleging behavior that serious endangers health or safety of a child in care, the county must conduct an in-person visit.  For complaints that do not pose an immediate health or safety risk, investigations may be opened and conducted by phone or video.

If a resource family has a 12-month approval update due, the family may complete it up to 180 days after the due date.

If a resource family asks to end inactive status in order to take immediate placement of a child, the county may complete the emergency placement process.  The county can extend the timeframe to get required updates to 90 days.

Counties are encourage to allow RFA applicants to submit scanned copies or photographs of documents.  If that is not available, counties may accept self-attestation of all required information.

Protocol for out of county placements is unchanged.  (ACL 20-43, April 17, 2020.)

COVID-19 supporting emergency care and placement

The California Department of Social Services (CDSS) has provided guidance regarding new placement and funding flexibility to support emergency care and placement of children and nonminor dependents because of COVID-19.  If there is no other placement available, counties may use the emergency placement process to allow placement with an unapproved family.  These placements must include in-home inspection of the potential home, and California Law Enforcement Telecommunications System (CLETS) and child abuse checks.  The in-home inspection must be done in person.  The caregiver must complete and sign the criminal history disclosure form.

If local live scan services are not reasonably available, the time for the caregiver to submit fingerprints can be extended up to 90 days after the end of the shelter in place order.

Emergency caregivers are eligible for emergency caregiver funding.  This funding shall continue if approval exceeds 365 days because of delay in the Resource Family Approval process because of COVID-19.

Children who are exposed to, test positive for or present symptoms of COVID-19 may temporarily need a higher level of medical care and supervision.  CDSS authorizes paying a higher rate when the child requires isolation or quarantine because of COVID-19 and as a result there are increase care and supervision needs, or the child requires a new placement because of COVID-19.

Children in a Short-Term Residental Therapeutic Program may need to be moved.  If the higher rate is insufficient to find a placement for these children, the county is authorized to negotiate a rate for a family willing to accept the child.  (ACL 20-44, April 17, 2020.)

COVID-19 individual stimulus payment for dependents of Social Security, SSI and VA benefits

The Internal Revenue Service (IRS) has issued a special alert that Social Security and Railroad Retirement recipients who enter information on the IRS portal by noon Eastern time on April 22, 2020 can get the $500 per dependent payment at the same time as their individual stimulus payment.  After noon Eastern Time on April 22, 2020, Social Security recipients the will no longer be available to enter dependent information.  After noon Eastern time on April 22, 2020, Social Security and Railroad Retirement recipients will only be able to get the $500 per dependent payment by filing a tax return and the $500 per dependent payment will be issued sometime after the $1,200 individual payment.

SSI and VA benefits recipients will have more time to enter dependent information into the portal.  Their deadline has not yet been determined.  Note that a Social Security press release states that the deadline will be in April.  After that deadline, SSI and VA benefits recipients will need to file a tax return to get the $500 per dependent payment.  (IR 2020-76, April 20, 2020.)

COVID-19 and Extended Foster Care

The California Department of Social Services (CDSS) is extending the Extended Foster Care program for nonminor dependents currently in Extended Foster Care who turn 21 on or after April 18, 2020 until June 30, 2020.  Before a nonminor dependent reaches their 21st birthday, counties should discuss this temporary extension with the nonminor dependent to determine if they want it.

Counties should be flexible with nonminor dependents who cannot meet eligibility criteria because of COVID-19.  In general, nonminor dependants must be either completing secondary education or in a program leading to an equivalent credential, enrolled in college or vocational education, participating in a program to promote or remove barriers to employment, be employed for at least 80 hours per month, or be incapable of doing other activities because of a medical condition.

Nonminor dependents who have lost their jobs or had their education disrupted remain eligible for Extended Foster Care.  Nonminor dependents who are doing distance learning remain eligible for Extended Foster Care.  Nonminor dependents remain eligible if they cannot participate because of COVID-19 but are doing programs to promote or reduce barriers to employment or have a medical condition that prevents them from participating.  Medical conditions can be short or long-term.  Written verification from a health care practitioner can be obtained after social distancing orders are lifted.

If eligibility cannot be maintained using this flexibility, placements must be continued until June 30, 2020.

Nonminors ages 18 to 21 requesting entry or re-entry into Extended Foster Care must continue to be served.  A nonminor’s inability to meet participation requirements because of COVID-19 is not a reason to deny entry or reentry.  Forms must still be completed but they can be temporarily done without a face-to-face meeting.

Nonminor dependants who have housing disruptions, including living in a college dormitory, must be given assistance in finding a safe and appropriate housing option.  (ACL 20-45, April 18, 2020.)

COVID-19 personal protective equipment for IHSS providers

The California Department of Social Services (CDSS) informs counties that personal protective equipment is being made available to In-Home Supportive Services (IHSS) Public Authority offices in each county to distribute to IHSS Providers who are taking care of individuals with suspect or confirmed COVID-19.  Each set of personal protective equipment will include a face mask and a pair of gloves.  (ACL 20-41, April 17, 2020.)

THIS ACL IS SUPERCEEDED.  SEE ACL 20-57, summarized here.

COVID-19 extended sick leave for food service workers

Governor Newsom has issued an Executive Order giving extended sick leave to food service workers impacted by COVID-19.  The Order grants 80 additional hours of sick leave to food service workers, as defined in the Order, who were working full time or scheduled to work 40 hours per week the two weeks prior to taking sick leave.  The workers must be subject to a quarantine order, advised by a health care professional to self-quarantine or isolate, or are prohibited from working by the employer because of health concerns related to COVID-19 to be eligible. Part time workers are eligible for extended sick leave based on the number of hours they have worked or are expected to work.

An employer may not require using other paid or unpaid leave, paid time off or vacation time prior to using supplemental sick leave.

The Labor Commissioner shall enforce this Order.  The supplemental paid sick leave will be effective for the pendency of any statewide stay-at-home orders issued by the State Public Health Officer.  (Executive Order N-51-20, April 16, 2020.)