ACIN I-40-10: Requirement Of The Use Of An Expert Witness By The Indian Child Welfare Act (ICWA) (4/29/10)

The ICWA requires expert witness testimony before the state court can order an involuntary foster care placement of a child or the termination of parental rights. The requirement of qualified expert witness testimony is met in every case involving an Indian child. No removal of an Indian child from the custody of his or her parents or placement in out-of-home care may be ordered in the absence of a determination, supported by “clear and convincing evidence,” including the testimony of a qualified expert witness, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Therefore, in the case of a child who is ICWA eligible, the testimony of an expert witness is required at the dispositional hearing. The letter sets out the scope and nature of the information the expert is to address, the standard of evidentiary proof, and expert qualification. [Download]

ACIN I-34-10: Subsidized Summer Youth Employment Programs Temporary Assistance For Needy Families Emergency Contingency Fund (4/30/10)

A discussion of the need and funding available for summer youth employment. WIA and Wagner-Peyser funds can be used to help youth gain and retain employment, while TANF ECF can provide subsidized employment and other TANF services to low-income youth. However, as a reminder, WIA and other federal funds cannot be used to make up the 20 percent of expenditures for subsidized employment programs require. State law for TANF ECF limits eligibility to the needy family population to families with a minor child living with a parent or adult relative caregiver; and families in which the minor child is temporarily absent for up to 12 months, due to child abuse and neglect, and the parent or parents are engaged in family reunification services. As long as a youth who is 24 years of age or younger is residing with an eligible family and is related to the minor child, he or she may be placed in TANF ECF subsidized employment. Youth, in a foster care placement with a CalWORKs or needy family are also eligible for TANF ECF subsidized employment. In this situation, the foster care youth does not have to be related to a member of the eligible family. Emancipated youth who are no longer in a foster care placement and who are 24 years old or younger are only eligible if they are residing with a CalWORKs or “needy family” in which the emancipated youth is related to the minor child. [Download]

ACIN I-30-10: Relative Assessment/Approval Process – Revisions To the Out-Of-State Disclosure And Criminal Record Statement (4/20/10)

Counties conducting relative and Nonrelative Extended Family Member (NREFM) caregiver background checks that the Out-Of-State Disclosure & Criminal Record Statement (LIC 508 D) form has been revised. This form now reflects that certain marijuana-related offenses covered by the Marijuana Reform Act do not need to be disclosed as outlined in H&S Code, sections 11361.5 and 11361.7. [Download]