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

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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 children in their care. Securing these benefits can make the difference between providing a safe and permanent home for children and separating them from siblings and family. Eligibility for Aid There are 3 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 caregiver must meet several other eligibility requirements, which include: deprivation of a parent, income linkage, on-going 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 (1st cousin once removed (e.g. your first cousin s child) 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 purpose of funding is much narrower than the definition of relative for the purposes of placement. Again, this can be beneficial to receive the highest funding amount. The following sources of funding are potentially available to both relative and non-relative caregivers: AFDC- FC (Federal Foster Care), Supplemental Security Income (SSI), Survivor s Benefits, Adoption Assistance Program Payments (AAP) and County Funds. By contrast, CalWORKs (non-needy welfare) and Kinship Guardianship Assistance Payment (KinGAP) are only available to relative caregivers, while State Foster Care Funding is only available to non-relative caregivers. Children placed with either relative or non-relative caregivers may qualify for specialized care rates, such as the F and D-rates (in Los Angeles County only) and the Dual Agency Rate. However, when not all AFDC- FC eligibility requirements are met, children in foster care may receive such Specialized Care Rates only when placed with non-relative caregivers. 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, developmental 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. (Of those rates, only the Dual Agency Rate is a statewide rate.) The child may also be eligible for Supplemental Security Income (SSI). A child who resides in another county or state may be eligible for the host county rate (see Host County Rate note Updated 8/8/14 1

2 below). If a Los Angeles County foster youth is placed in a county or state without a specialized care rate policy, however, the child may receive a Los Angeles County specialized care rate if eligible. Child Living with a Relative Types of Aid Youakim aka AFDC-FC: Youakim, also known as AFDC-FC, 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 potentially eligible for specialized care rates. Children living in Los Angeles County are eligible for Los Angeles County rates; by contrast, children living outside of Los Angeles County are only eligible for the rates of the county in which they live. CalWORKs: Non-needy 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. 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. CalWORKs is an inferior form of funding than Youakim, for the following reasons: 1) The standard CalWORKs grant for one child is less than half the amount granted to a child under Youakim; 2) Unlike Youakim, the grant is not a per child increase; instead, each additional child receives a lesser grant increment; and 3) CalWORKs also does not provide any specialized care rates for children with special needs. Note: a relative may also receive CalWORKs for him/herself in addition to the child if the relative qualifies based on his or her income; in such instances, 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 receive some form of funding. Therefore, DCFS will often 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, that child should receive County Funds, as long as the Dependency Court maintains jurisdiction. County Funds generally mirror the Federal Foster Care Funding amounts. Please note, however, that County Funds are awarded solely at the discretion of the County, and caregivers are unable to challenge County Fund amounts or denials. Furthermore, 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, or if Court jurisdiction was terminated when the youth was 16 or older. Updated 8/8/14 2

3 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; by contrast, children living outside of Los Angeles County are only eligible for the rates of the county in which they live. If a Los Angeles County foster youth is placed in a county or state without a specialized care rate policy, however, the child may receive a Los Angeles County specialized care rate if eligible. State Foster Care Funding: State Foster Care Funding is generally available in three situations: 1) a child who is not federally eligible and is living with a non-relative in California in an approved home; 2) a non-federally eligible relative who is planning to adopt, but only 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; by contrast, children living outside of Los Angeles County are only eligible for the rates of the county in which they live. If a Los Angeles County foster youth is placed in a county or state without a specialized care rate policy, however, the child may receive a Los Angeles County specialized care rate if eligible. 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. For example, if a child is undocumented, that child should receive County Funds, as long as the Dependency Court maintains jurisdiction. County Funds generally mirror the Federal Foster Care Funding amounts. Please note, however, that County Funds are awarded solely at the discretion of the County, and caregivers are unable to challenge County Fund amounts or denials. Furthermore, it is unclear if children in similar circumstances are eligible for County Funds if they are placed through Probation. Child Living with Either a Relative or Non-Relative Adoption Assistance Program payments (AAP): Under current state law, all children in foster care or delinquency 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 while living outside of Los Angeles County, 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 than SSI. 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 transitioning out of the system. This assessment is required between the ages 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. Updated 8/8/14 3

4 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 children have special needs, they should be referred to a Public Health Nurse for assessment for the specialized care rate. The F-rate policy requires that foster parents take a 16-hour training course, or undergo equivalent training tailored to the child s specific special needs. Some of the more typical F-rate qualifying conditions seen in foster children include asthma, eczema, enuresis (bedwetting) and prenatal drug exposure. Other medical conditions requiring specialized in-home health care that may qualify a child for F-rate include, but are not limited to the following: Dependency on enteral feeding tube, total parenteral feeding, cardiorespiratory monitor, intravenous 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 severe and persistent 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 (e.g. 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. The D-rate policy requires that foster parents take a 16-hour training course, or undergo equivalent training tailored to the child s specific special needs. 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, or under Early Intervention services. Children who are full Regional Center consumers who have severe impairments may be eligible for an additional supplement to the Dual Agency Rate. This rate is for children with developmental disabilities, i.e. disabilities that originate before an individual attains age 18 years, continue, or can be expected to continue, indefinitely, and constitute 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 disabling 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, if after an evaluation/assessment they possess one of the following criteria: a developmental delay (e.g. a delay in cognition, communication, social/emotional/adaptive development, and/or physical/motor development Updated 8/8/14 4

5 including vision and hearing), or an established high risk condition with a high probability of resulting in delayed development. Extended Foster Care (AB 12) As of January 1, 2012, under California law (AB 12) all children in foster care with an open case in Dependency Court or Delinquency Court and receiving benefits on their 18th birthday may be eligible to receive continued benefits while in foster care, up until the age of 21. Foster care benefits will cease if a child s case is closed after he or she turns 18. However, children with an open foster case on their 18th birthday have an unlimited right to re-enter foster care after their case has been closed, and are then once again able to receive extended foster care benefits. Youth receiving KinGAP (with relative guardians) or AAP (with adoptive parents) may receive continued funding after age 18, and up until age 21, if one of the following two conditions is met: (1) The guardianship papers (i.e. the SOC 369) or adoption papers (i.e. the AAP agreement) were finalized when the youth was at least 16 years old, or (2) The youth suffers from a disability. (Note: Arguably, any child receiving a specialized care rate is automatically eligible for extended KinGAP or AAP benefits, as AB 12 does not specifically or narrowly define what is a qualifying disability under the law.) Youth who are SSI-eligible and are receiving extended foster care benefits under AB 12 may opt to choose to delay the start date of SSI until the age of 21, so that they can continue to receive the likely higher specialized foster care rate until that date. Administrative Fair Hearing Rights The County is legally required to issue a written Notice of Action (NOA) whenever it takes any action that impacts a child s funding, or a caregiver s home approval under the Adoption and Safe Families Act (ASFA). Caregivers can challenge a denial or reduction of funding, or a denial of home approval, communicated in an NOA by filing for an administrative fair hearing. Such a fair hearing is presided over by an Admistrative Law Judge who is employed by the State, not the County, and is thus a neutral party. Note: ASFA hearings are commonly known as Harris hearings. As of 2013, the Harris administrative fair hearing procedure has replaced the previously implemented County grievance procedure for ASFA denials and delays This is a positive development for caregivers, as the previous grievance procedures in place did not allow for cases to be heard by a neutral party. Caregivers can file for a hearing by phone at , or by fax at Please note that caregivers challenging an NOA must file within 90 days of receiving the NOA to ensure their right to a fair hearing. Caregivers may still be able to challenge an NOA after the 90-day period expires under any one of the following circumstances: The NOA does not clearly explain the action taken by DCFS The NOA does not clearly explain the legal basis for the action taken by DCFS The NOA is not written in the Caregiver s primary language (e.g. an English-language NOA sent to a Spanish-speaking caregiver) The NOA was sent to the caregiver well after the date of the NOA (save the envelope) At the hearing, the burden is generally on the County to justify its action. Caregivers should bring all relevant documents to the hearing. It is customary for caregivers to attend fair hearings without representation. Caregivers who are interested in obtaining representation for a fair hearing should contact Updated 8/8/14 5

6 the Alliance for Children s Rights at , or the Legal Aid Foundation of Los Angeles (LAFLA) at Caregivers can file for a fair hearing to challenge the County s denial or reduction of funding, or to challenge an ASFA denial or delay, even when the County has not issued an NOA regarding that particular action. Note about Host County Rates: As stated throughout the guide the F and D rates are rates for Los Angeles County. When children reside 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 children 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. These rules are only applicable while the child is in foster care; once children 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. Updated 8/8/14 6

7 Benefit Amounts at a Glance Rates for Youakim, Federal Foster Care Funding(AFDC-FC), State Foster Care Funding, County Funds, KinGAP & Adoption Assistance Program Payments (AAP) Years 5-8 Years 9-11 Years Years 15 and Older Effective Dates 7/1/12 7/1/13 7/1/12 7/1/13 7/1/12 7/1/13 7/1/12 7/1/13 7/1/12 7/1/13 Basic Rate $640 $657 $693 $711 $729 $748 $763 $783 $799 $820 F-1 Rate $1009 $1026 $996 $1014 $983 $1002 $969 $989 $949 $970 F-2 Rate $1155 $1172 $1145 $1163 $1130 $1149 $1117 $1137 $1096 $1117 F-3 Rate $1416 $1433 $1407 $1425 $1392 $1411 $1378 $1398 $1361 $1382 F-4 Rate $1638 $1655 $1625 $1643 $1612 $1631 $1600 $1620 $1576 $1597 D-Rate $1416 $1433 $1407 $1425 $1392 $1411 $1378 $1398 $1361 $1382 Dual Agency Rate (0-3 years) Type of Service 7/1/11 6/30/12 7/1/12 6/30/13 7/1/13 6/30/14 Early Intervention $915 $942 $967 Regional Center $2045 $2106 $2162 Consumer Supplement n/a n/a n/a Dual Agency Rate (3 and Older) Type of Service 7/1/11 6/30/12 7/1/12 6/30/13 7/1/13 6/30/14 Early Intervention n/a n/a n/a Regional Center $2045 $2106 $2162 Consumer Supplement $250-$1000 $250-$1000 $250-$1000 Rates for CalWORKs (AFDC, Non-Needy Relative Caregiver s Assistance) Number of Children Amount on & after $369 $606 $750 $891 3/1/14 Calculation of Survivor Benefits The benefit amount is based on the earnings of the deceased parent. The more the parent paid into Social Security, the greater the child s benefits will be. The child is eligible for seventy-five percent (75%) of the parent s benefits. 1 Generally, rates are based on where the child resides and not which county has jurisdiction. A Los Angeles County child in foster care placed outside of the County receives the rate of the county or state in which that child lives. The only exception is if the host county does not have a specialized care rate, and the child qualifies for a specialized care rate in Los Angeles County. In that case, the child continues to receive the Los Angeles County specialized care rate. This only applies to foster care funding and not AAP. If the child is receiving AAP, the child receives the Los Angeles County rate, or the host county rate, whichever is higher. Updated 8/8/14 7