Foster Care

ACL 11-48: The Tax Relief, Unemployment Insurance Reauthorization, And Job Creation Act Of 2010 (P.L. 111-312) (6/28/11)

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PL 111-312 includes a provision that disregards tax refunds received after December 31, 2009 as income and as resources (for a period of 12 months) in programs funded in whole or in part with federal funds.  This letter clarifies that it applies to programs such as Title IV-E Foster Care, the Title IV-E Adoption Assistance Program and the Title IV-E Guardianship Assistance Program.

Tax refunds must be excluded from consideration as income in the month received and must be excluded from consideration as an asset for 12 months following the month in which it was received. The letter states that workers must ensure that income information being sought and that individuals are providing, does not include a federal tax refund received after December 31, 2009.

This also applies to assets, which are excluded a tax refund for 12 months after the month the refund was received. [Download]

 

 

 

ACIN I-40-11: Program Information Regarding AB 12 And The Extension Of Foster Care To Age 20 (7/1/11)

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AB 12 made two major changes to foster care. The first allows for Kin-GAP Program benefits to be eligible for Federal Financial Participation (FFP). This was implemented via ACL 11-15. The second major provision extends foster care up to age 21 for young adults who meet the federal participation criteria for continued eligibility after age 18, including those served under a State-Tribe IV-E agreement and supervised by probation.

Former foster youth who are in the Kin-GAP program and youth in the Adoption Assistance Program are also eligible for extended benefit payments provided the guardianship was established, or the initial adoption agreement, was signed when the youth was at least 16 years old and one of the eligibility criteria is met.

The extension of foster care and other payment benefits is effective January 1, 2012, up to age 19, and January 1, 2013, up to age 20. Extension of foster care and other payment benefits up to age 21 is effective January 1, 2014, contingent upon legislature appropriation.

The intent of this ACIN is to explain the basic framework of EFC, not to direct counties on how to implement it. Multiple ACLs and All County Information Notices (ACIN) will be released to further explain procedures for implementing AB 12. [Download]

 

ACIN I-29-11: Juvenile Court Jurisdiction: Services And Benefits (6/16/11)

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Information on implementing SB 945, which requires that notice to former foster children ( W&IC 300 or 727) of services to which they may be eligible.  This includes availability of federal and state programs that provide financial assistance, housing, and educational resources for which the person may be eligible; and information about the availability of federal and state independent living program for youth 16+. [Download]

 

 

ACL 11-42E: Foster Family Home Rate Increase As A Result Of California State Foster Parent Association v. Lightbourne (6/14/11)

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Clarification on the start date of the court ordered higher foster care family home rates.  On June 9, 2011, the Court found that “effective immediately,” means any check that had not been issued by the date of the May 27, 2011 order shall include the increased rate.  Since checks for reimbursement of foster care for the month of May had not yet been issued by May 27th; increased rates apply for the provision of foster care for the entire month of May 2011.  Contains a chart of the rates, and notes that a COLA  will kick in July 1st. [Download]

ACIN I-31-11: Foster Care: SOC 158A Completion In Cases Where A Child Transitions From A Dependency To Delinquency Status (5/26/11)

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Although this ACIN is about a form (SOC 158A) it has information critical to ensuring continuity of Foster Care when children move between dependency and delinquency.  The SOC 158A has a section to enter “Removed from Home Date,”  “Petition Date, Detention Order Date, and Disposition Order Date.”  When a child transitions from dependency status to delinquency status, the Child Welfare Services/Case Management System (CWS/CMS) will not carry over the original removal date information, which makes the placement appear to result from a new removal, potentially affecting federal foster care eligibility. It is imperative that the staff manually adjust the “Removed from Home Date” and associated hearing dates on the form SOC 158A to reflect the original removal information as a dependent in order to identify the continuation of the original out-of-home episode, as well as if the case goes from dependency to delinquency status, and back to dependency. [Download]