Benefits for Children in Dependency or Delinquency and Living with Non-Parents

Transcription

1 Benefits for Children in Dependency or Delinquency and Living with Non-Parents Nearly all children in out-of-home care (living with a non-parent) are eligible to receive some form of monetary funding. Children under Juvenile Court supervision are no exception. Caregivers often need help in navigating the complex bureaucratic requirements to obtain benefits for a child in their care. Securing these benefits can make the difference between providing a safe and permanent home for the child and separating him or her from siblings and family. Eligibility for Aid There are three factors that can affect what type of funding a child receives: 1. Is the child eligible to receive federal foster care funding (social security title IV-E)? Federal Foster Care Funding (known as Youakim for relatives) is usually the highest benefit available for children placed through the Los Angeles County Juvenile Court system. In order to get Federal Foster Care Funding, the Dependency or Delinquency Court should place any child in out-of-home care (living with a non-parent, non-legal guardian) through a suitable placement order. Once that order is made, the child and caregivers must meet several other eligibility requirements, which include: deprivation of a parent, income linkage, ongoing court supervision and placement, residency, age, citizenship and placement in an approved home. 2. What is the child s relationship to the caregiver? A child qualifies for different forms of aid depending on whether a child lives with a relative or non-relative. A relative is defined as related in the fifth degree (1 st cousin once removed) by blood, adoption or marriage (even after the dissolution of the marriage by death or divorce). For paternal relatives, paternity must be established in order to receive relative status. Once parental rights are terminated the relative relationship is severed for funding purposes. This can be beneficial for relatives who have been denied federal funding in the past. It is also important to note that the definition of relative for the purposes of placement. Again, this can be beneficial to receive the highest funding amount. A child living with a relative may qualify for one of the following types of funding: Youakim (federal foster care), CalWORKs, County Funds, or KinGAP. A child living with a non-relative may qualify for: Federal Foster Care (AFDC-FC), State Foster Care of County Funds. (The child s relationship to the caregiver does not affect the child s ability to qualify for Specialized Care Rates such as the F and D rate in Los Angeles County, Dual Agency Rate, Supplemental Security Income (SSI), Survivor s Benefits or Adoption Assistance Program payments (AAP). However, relatives with an unapproved home

2 cannot receive the specialized care rates such as F, D, or Dual Agency rate because they are not federally eligible until the home is approved. 3. Does the child have special needs? A child may qualify for a higher amount of benefits if the child has special medical or severe emotional and/or behavioral needs. Most counties have specialized care rate policies; Los Angeles County has the F-rate for children with special medical or developmental needs, D-rate for severe mental health needs and Dual Agency Rate for Regional Center clients. The child may also be eligible for Supplemental Security Income (SSI). If the child resides in another county or state, they may be eligible for the host county rate (see host county rate note below). If a Los Angele3s County foster youth is placed in a county or state without a specialized care rate policy, the F-rate, D- rate, and Dual Agency Rate for Regional Center clients applies. Types of Aid Child Living with a Relative Youakim: Youakim is the term used if the child is federally eligible and living with a relative based on the case Youakim v. Miller, (1976) 425 U.S It is the relative s version of federal foster care funding. Children receiving Youakim are eligible for the specialized care rates. Children living in Los Angeles County are eligible for Los Angeles County rates; children living outside of Los Angeles County are eligible for the rates of the county in which they live. CalWORKs: CalWORKs, otherwise known as AFDC or welfare, is what a child may be eligible for when that child is not federally eligible and is living with a relative. If a child does not qualify for Youakim, a relative is referred to the local CalWORKs office to fill out an application. CalWORKs is less money than Youakim. Unlike Youakim, the grant is not a per child increase; instead, each additional child receives a lesser grant increment. CalWORKs also does not have any specialized care rates. Relatives can receive a child-only grant known as Non- Needy Relative Caregiver Assistance. In those cases, the relatives income is not considered and relatives do not have to comply with the welfare-to-work requirements. A relative may also receive CalWORKs for him/herself in addition to the child if the relative qualifies based on his or her income; all the requirements of welfare apply, including income reporting and welfare-to-work. County Funds: In Los Angeles County, the Department of Children and Family Services (DCFS) has a policy stating that all children with an open case in Dependency Court

3 receive some form of funding. Therefore, DCFS will pay relatives out of County Funds when the child is not eligible to receive any other form of funding. For example, if a child is undocumented or if the child is over the age of 18 years and not eligible for CalWORKs, that child should receive County Funds, as long as the Dependency Court maintains jurisdiction. County Funds generally mirror the Federal Foster Care Funding amounts. It is unclear if children in similar circumstances are eligible for County Funds if they are placed through Probation. Kinship Guardianship Assistance Payment (KinGAP): KinGAP is available for a child who meets the following three criteria: 1. The child has lived with a relative for at least six consecutive months, 2. The relative has legal guardianship through the Dependency or Delinquency Court, and 3. The Dependency or Delinquency Court has terminated jurisdiction after the previous two conditions have been met. If a child received a specialized care rate in foster care, the child is generally eligible for that same rate in KinGAP. KinGAP is paid to children living in any state, and payments can be extended to 21 if a youth has a physical or mental disability. Child Living with a Non-Relative Federal Foster Care Funding (AFDC-FC): A child who is federally eligible and living with a non-relative should receive Federal Foster Care Funding, which includes the specialized care rates. Children living in Los Angeles County are eligible for Los Angeles County rates; children living outside of Los Angeles County are eligible for the rates of the county in which they live. State Foster Care Funding: State Foster Care Funding is generally available in three situations: 1. A child who is not federally elig9ible and is living with a non-relative in Californ ia in an approved home, 2. A non-federally eligible relative who is planning to adopt after parental rights are terminated, and 3. A non-relative legal guardian (regardless of which court granted the guardianship.) Children living in Los Angeles County are eligible for Los Angeles County rates; children living outside of Los Angeles County are eligible for the rates of the county in which they live. Specialized care rates are available through State Foster Care Funding. County Funds: In Los Angeles County, a child who is placed by DCFS with a non-relative should be eligible for County Funds if the child is not eligible for federal or state foster care funding. It is the source for undocumented children. County Funds generally mirror the Federal Foster Care Funding amounts. The child placed through probation may be eligible for county funds.

4 Child Living with Either a Relative or Non-Relative Adoption Assistance Program payments (AAP): Under the current state law, all children in foster care or delinquency will qualify for AAP at the time the prospective adoptive parents sign the Adoptive Placement Agreement. This is particularly important for a child living with a relative who was not eligible for Youakim. AAP mirrors the Federal Foster Care funding amounts, including the Specialized Care Rates. If the child is receiving AAP, the child receives the Los Angeles County rate or the host county rate, whichever is higher. Supplemental Security Income (SSI): SSI is for low-income children who have special physical, developmental or mental health needs that meet strict federal eligibility requirements. A caregiver s income should not count against or reduce the amount of the SSI grant. Foster children in Los Angeles County who are eligible for Federal, State, or County Funds may be eligible for a higher specialized care rate. You cannot receive both the full SSI grant and the full specialized care rate. The child s social worker is required to assess a child to determine if the child needs SSI before they transition out of the system. This assessment is required between the age of 16.5 and 17.5 to ensure there is enough time to apply for SSI before the case is closed. Survivor s Benefits: Survivor s Benefits are provided for a child whose parent is deceased and that parent paid social security taxes. Children are eligible for Survivor s Benefits until the age of 18, or up to 19 years old if they attend high school full time. Specialized Care Rates F-Rate: Los Angeles County Rate for Children with Medical Needs: Children with special medical or developmental needs may be eligible for the F- rate. The F-rate is available for children in Los Angeles County and for children placed outside of Los Angeles County when that county does not have a specialized care rate policy. If a child has a special need, they should be referred to a Public Health Nurse for assessment for the specialized care rate. Medical conditions requiring specialized in-home health care that may qualify for a child for F-rate include, but are not limited to, the conditions listed below. Some of the more typical conditions seen in foster children include asthma, eczema, enuresis (bedwetting) and prenatal drug exposure. Dependency on enteral feeding tube, total parenteral feeding, cardiorespiratory monitor, intravenous

5 therapy, ventilator, oxygen support, urinary catheterization, renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy, or other medical or surgical procedures, or special medication including ongoing regimen of injections, and intravenous medications. Other medical conditions considered for the F-rate include HIV/AIDS, premature birth, some congenital defects, severe seizure disorders, severe asthma, broncopulmonary dysplasia and severe gastroesophageal reflux. D-Rate: Los Angeles County Rate for Children with Severe Emotional or Behavioral Problems: A child may be eligible to receive the D-rate if, the child is diagnosed with clinically inappropriate behavior (s) for their developmental age that impairs the child in critical life areas. The assessment must be made by a licensed mental health professional (LCSW, MFT, Psychologist, Psychiatrist). The diagnosis must indicate the child displays psychotic features, or is a suicide risk, or at risk of violence, or has a substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, and/or community functioning. Also, it is required that the child is at risk of removal from the current placement or has already been removed, or the impairments have been present for six months or are likely to continue for more than one year without treatment. Dual Agency Rate: As of July 1, 2007, children with who are Regional Center consumers under Dependency Court jurisdiction are eligible for the Dual Agency Rate. There are specific rates available depending upon whether the child qualifies as a full consumer of the Regional Center, under Early Intervention services, or has Severe Impairments and may be eligible for a supplement. This rate is for children with developmental disabilities such as a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. This may include mental retardation, cerebral palsy, epilepsy, or autism. It also includes disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature. The California Regional Centers also provide services through the Early Start Intervention Program. Infants and toddlers from birth to 36 months may be eligible for these early intervention services, with an evaluation/assessment, they meet one of the following criteria: the child has a developmental delay in either cognitive, communication, social or emotional, adaptive, or physical and motor development including vision and hearing; or has an established high risk condition with a high probability of resulting in delayed development.

6 Alternative Residential Model (ARM-Rate): Prior to July 1, 2007, a child who was over three years of age and also a Regional Center consumer may have been eligible for an ARM-rate, which is generally higher than specialized care rates in Los Angeles County. For most Regional Center Consumers, this rate has been replaced by the Dual Agency Rate. However, children living with caregivers or guardians vendorized by the Regional Center may still be eligible to receive this rate. Historically the ARM-rate amount has been set by the Regional Center. Note about host county rates: As stated throughout the guide, the F and D rates are rates for Los Angeles County. While a child resides in foster care they are eligible for the rate in the county or state in which they live (referred to as the Host County Rate), NOT the county that has jurisdiction of the case. However, if they live in a County that does not have a specialized care rate, they would then be eligible for the Los Angeles County specialized care rate. This rule is only applicable while the child is in foster care. Once the child starts to receive AAP funding for adoption they are eligible to receive the highest of either the Host County or Los Angeles County rate. *DISCLAIMER This pamphlet is intended to provide general information only. This should not be construed as Legal Advice. The Alliance for Children s Rights does not guarantee the accuracy or completeness of the information contained within. In no event shall the Alliance for Children s Rights be liable for any damages whatsoever arising out of the use of, or the inability to use the information in this pamphlet. No Attorney-Client relationship is created by any use of the information contained herein, or through reliance on its contents.