Caring for a Relative s

Caring for a Relative s Child A Guide for Kinship Caregivers in Los Angeles County Prepared by Attorneys of BET TZEDEK LEGAL SERVICES

Caring for a Relative s Child A Guide for Kinship Caregivers in Los Angeles County Bet Tzedek Legal Services is a non-profit, public interest law center which provides free legal services to low-income residents of Los Angeles County. Bet Tzedek means House of Justice in Hebrew. Bet Tzedek serves persons of all racial, religious and ethnic backgrounds. Los Angeles Fairfax Office 145 South Fairfax Avenue, Suite 200 Los Angeles, California 90036 323.939.0506 San Fernando Valley Office 12821 Victory Boulevard North Hollywood, California 91606 818.769.0136 Los Angeles Mid-Wilshire Office 3435 Wilshire Boulevard, Suite 470 Los Angeles, California 90010 213.384.3243 www.bettzedek.org i

Bet Tzedek Legal Services 145 South Fairfax Avenue, Suite 200 Los Angeles, CA 90036 Copyright 2011 by Bet Tzedek Legal Services Permission is hereby granted to reproduce this book or portions thereof, provided Bet Tzedek is acknowledged in writing on each page reproduced and such copies are not offered for sale in any manner. Printed in the United States of America Author: Erikson Albrecht

Table of Contents Introduction... 1 How to Use This Guide... 2 1 Overview of Kinship Caregivers... 4 Who is a Kinship Caregiver?... 4 What is Required of a Kinship Caregiver?... 4 What about Parental Rights and Responsibilities?... 4 How Do Parental Rights Get Terminated or Suspended?... 5 What Happens Once a Court Order Suspends or Terminates a Mother s or Father s Parental Rights?.. 5 What are the Different Types of Relative Caregivers?... 5 Informal Relative Caregivers... 5 Probate Court Legal Guardians... 5 Foster Care Relative Caregivers... 6 Adoptive Parents... 6 2 Informal Caregivers... 8 Am I an Informal Caregiver?... 8 When the Parent Consents... 8 When the Parent(s) Does Not Consent or Is Not in Communication... 9 What Benefits Are Available?... 10 3 Probate Court Legal Guardianship... 14 What Is Probate Court Legal Guardianship?... 14 Can a Parent(s) Consent to Legal Guardianship?... 14 Can a Relative Caregiver Apply for Guardianship if the Parent(s) Do Not Consent or Are Not in Communication?... 14 What are the Rights of a Guardian?... 15 How Do I Obtain Legal Guardianship?... 15 What Benefits Are Available?... 16 Special Categories... 16 Compare: Informal Custody vs. Legal Guardianship... 16 4 Foster Care Relative Caregivers... 18 What is the Department of Children and Family Services?... 18 What Does DCFS Do?... 18 What Happens if DCFS Removes the Child from the Parent(s) Home?... 18 How Do Kids Get Placed into the Foster Care System?... 18 Call from a Social Worker... 18 iii Table of Contents

Call from a Probation Officer... 19 Call to Locate Child in Protective Custody... 20 Call to Report Abuse or Neglect... 20 What Happens if DCFS Decides a Child is Not at Risk?... 21 How DCFS Approves Relatives as Caregivers... 22 Kinship Care Education... 23 What Is the Juvenile Court Dependency Process?... 23 De Facto Parent Requests... 24 DCFS Resources... 25 Special Categories... 25 Native American Children... 25 Undocumented or Non-Citizen Children... 25 What Benefits Are Available?... 25 Long-Term Foster Care Options... 26 Long-Term Foster Care... 26 Dependency Court Legal Guardianship... 26 Dependency Court Legal Guardianship with Kinship Guardianship Assistance Program (Kin-GAP)... 27 Dependency Court Agency Adoption with Adoption Assistance Program (AAP)... 28 5 Adoption... 30 Should You Consider Independent Adoption?... 30 What Benefits Are Available to Independent Adoptive Parents?... 30 Cash Assistance: CalWORKs... 30 Health Care: Medi-Cal or Healthy Families... 30 Adoption Assistance Program (AAP)... 31 Tax Credit... 31 Should You Consider Adoption through Dependency Court?... 31 Will I Continue to Get Services from my DCFS Social Worker?... 32 6 Benefits... 34 Comparison: Benefits Available Depending Upon Type of Relative Caregiver... 34 Youakim Benefits... 34 CalWORKs... 35 Dual Agency Cases... 35 Health Care: Medi-Cal... 35 Kin-GAP... 36 Adoption Assistance Payment (AAP)... 36 Table of Contents iv

Other Benefits... 36 Child Support... 36 Women, Infants and Children Supplemental Nutrition Program (WIC)... 37 National School Lunch and School Breakfast Programs................................... 37 CalFRESH (formerly Food Stamps)... 37 In-Home Supportive Services (IHSS)... 37 Regional Centers... 38 Social Security Administration (SSA) Benefits... 39 Veterans Benefits... 39 Resources for All Relative Caregivers... 40 Birth Certificate... 40 Child Care... 40 Child Safety Seats... 40 Conservatorship... 41 Driver s License... 41 Emancipation... 41 Employment... 41 Estate Planning... 42 Housing... 42 Immunizations... 42 Income Tax Returns... 43 Laws Pertaining to Children... 44 Social Security Documents... 44 Special Education... 44 Appendix Glossary... 48 Kinship Care Directory... 49 Education... 49 Children s Services... 49 Legal Services... 50 Support Services... 51 Comparison: Caregiver Custody Options... 53 Sample Forms... 55 Caregiver s Authorization Affidavit... 57 Individual Education Plan (IEP) Timeline... 59 IEP Referral for Assessment Letter... 60 Order Form...................................................................... 61 v Table of Contents

About the Author Erikson Albrecht Erikson Albrecht is the Kinship Care Attorney at Bet Tzedek Legal Services and specializes in representing relative caregivers. He counsels grandparents and other relative caregivers on the legal options for formalizing their caregiving role. Mr. Albrecht also assists caregivers in identifying accessible resources and public benefits for which they are eligible. He advises relative caregivers on their rights to authorize medical care and on asserting educational rights for the children in their care. He also represents relative caregivers in obtaining Probate Legal Guardianships in Los Angeles County Superior Court. IMPORTANT NOTE In 2002, Bet Tzedek produced the first edition of this publication in partnership with Public Counsel and with support from the City of Los Angeles Department of Aging. This edition was prepared solely by the staff of Bet Tzedek Legal Services. Every attempt was made to ensure the accuracy of the information in this guide. Bet Tzedek Legal Services reserves the right to revise the guide at any time without notice and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Since relevant laws change from year to year, please make sure to review the most recent edition of this guide. Resources identified in this guide may be useful to the reader. Such references do not constitute an endorsement by Bet Tzedek Legal Services of the programs or services of those enterprises. All individuals and experiences referenced in this guide are fictional. Permission to photocopy is granted, provided that Bet Tzedek Legal Services, 2011 appears on each page and that any photocopies are not sold. vi

INTRODUCTION This guide is designed to educate relative caregivers in Los Angeles County regarding their legal options and how to access government programs and community services. This guide explores: The custodial options available to you for the child in your care, including informal custody, foster care, legal guardianship and adoption; The financial resources available to provide for the child in your care, including cash assistance from CalWORKs (California Work Opportunities and Responsibility to Kids), foster care ( Youakim benefits), child support, Supplemental Security Income (SSI) and other Social Security benefits; Government programs and community services providing health care, food, educational programs, housing and child care; and Advice on what to do if you are treated unfairly or do not receive what you are entitled to by law. Although some of the following information may be applicable to licensed non-relative foster parents, those caregivers should consult the Appendix and contact a legal service provider for specific information about the foster care system. Please pay special attention to the rules and policies that apply to the following special categories: children with disabilities, non-citizen or undocumented children, Native American children, terminally ill parents, incarcerated parents, deceased parents, and caregivers who are non-relative extended family members. If you need legal advice about your particular situation, you should seek an individual consultation with an attorney. The information in this guide is based on federal law and the law of California. It is intended for use by residents of Los Angeles County, California, although some aspects (particularly those which are based on federal law) may be applicable in other counties or other states. If you are not a resident of Los Angeles County, California, please consult an attorney in your area to supplement and verify the information contained in this guide. 1 Introduction

How to use this guide This guide has been written to help you in your role as a caregiver. The information in this guide is for people who have already become a caregiver. It provides legal information to assist you. However, it is not a do-it-yourself legal guide. Most likely you will need a lawyer s help at various times during your role as a caregiver. While the guide contains useful information and resources, it is not meant to be read straight through. Instead, read the Overview first and any other sections that apply to you. Then look in the Table of Contents to find other information that may be helpful.?? Did the child s parent(s) leave the child in your care? If so, read the Overview and then read the section on Informal Caregivers. Are you already an approved foster care relative caregiver? If so, read the Overview and then read the section on Foster Care.? Are you caring for a non-citizen or undocumented child, a Native American child or a child with disabilities? Are the child s parents deceased, terminally ill or incarcerated? If so, read the Overview and make sure to review the sections on Special Categories throughout this guide. The Appendix has a Glossary of Terms, Kinship Care Directory and Sample Forms. Keep this guide handy, and refer to it when you need additional information. If a term appears in bold print, you will find it defined in the Glossary. You will find that most resources in the guide have contact information that includes an Internet website address. These websites often have more detailed information about the organization or program than you will get by calling the contact number. If you do not have access to the Internet at home, consider using a computer at a local public library to access the information. Most libraries have reference librarians who will assist you in accessing and printing the website information. 2

We recommend that you read this section in its entirety before continuing with the rest of the guide. Chapter 1 OVERVIEW of Kinship Caregivers

OVERVIEW of Kinship Caregivers abandonment or neglect or are just unwilling to care for the child. When the parents of a child cannot or will not properly care for their child, a relative is not legally required to become a caregiver; however, if a relative does not come forward to care for a child in need, the county may place the child in a group or foster home with non-relatives. What is Required of a Kinship Caregiver? Being a relative caregiver can be a challenging experience. Some caregivers face difficult decisions about how to adjust their lives in order to care for their relative s child. Some consider quitting their jobs to care for a child, others may take on a new job or delay retirement plans to ensure that they have enough money to properly care for the child. Caregivers are forced to deal with whole new sets of issues. Are they eligible for financial help? Can they register the child for school? Can they authorize medical care? Who is a Kinship Caregiver? A kinship caregiver is a relative, other than the parent, who is providing day-to-day care for a child. Most often, those caregivers are the child s grandparents. The child s parents may be in drug or alcohol treatment programs, in jail, deceased, homeless, or terminally ill. They may have lost custody because of child abuse, The manner in which you become a relative caregiver, whether informally or through the courts, will determine the custodial and financial options that are available to you. This guide will help you explore those options. It is important, first, however, to understand the rights and responsibilities of a parent so that you, as a caretaker, can better understand your own rights and responsibilities. What about Parental Rights and Responsibilities? Generally, parents have legal custody of their children; this means they have the right to 1 Overview 4

make crucial decisions for their children. These rights include where the child will live, what religion the child will practice, where the child will attend school, and which medical treatments the child will receive. In addition to these rights, parenthood also comes with many responsibilities. Parents are legally responsible to support their children and to provide the basic necessities food, clothing and shelter until the child reaches the age of 18. How do Parental Rights Get Terminated or Suspended? Only a court order can terminate or suspend a parent s rights. Unless a court order suspends or terminates the mother s or father s parental rights, the mother and father have the ability to make decisions that can affect you as a relative caregiver even if the child is living in your home. For example, unless a court has made orders affecting the parents rights, the parents can remove the child from your home, register the child in another school district, and prohibit the child from visiting with you or other relatives. What Happens Once a Court Order Suspends or Terminates the Mother s or Father s Parental Rights? The court may: give legal custody to either the mother or the father, appoint a non-parent as the legal guardian of the child and/or the child s finances, open a case in the Juvenile Court and give the Department of Children and Family Services (DCFS) or the Probation Department legal custody of the child, or terminate the mother s and father s parental rights and allow another person to become the child s legal parent through adoption. Absent a court order terminating parental rights, legal custody of a child ends when the child reaches the age of 18, marries, joins the armed forces or the child is emancipated by court order. What are the Different Types of Relative Caregiver? 1. Informal Relative Caregivers are those relatives who simply have assumed responsibility for a child in need without involvement from the court system, child protective services or other authorities. Informal relative caregivers may have physical custody of the child, but have limited rights to make decisions regarding a child in their care because they do not have legal custody. Mrs. Jones, 50, has cared for her daughter s three children since birth. Neither Mrs. Jones nor her daughter have gone to court regarding custody of the children. 2. Probate Court Legal Guardians are caregivers who have had their petition to be appointed Legal Guardian granted by the Probate Court. Once appointed 5 1 Overview

by the court they are awarded legal and physical custody of a child. Susan and Tom were both in the military. They were called to active duty and needed to leave their two children in the care of Susan s parents. Susan s parents filed a petition for guardianship with the court requesting that they be given legal guardianship over the children so that they could consent to medical care and handle other matters on Susan and Tom s behalf. 3. Foster Care Relative Caregivers are those relatives who care for a child who has been removed from the parents home and is in the foster care system. The Department of Children and Family Services (DCFS) or the Probation Department has legal custody of the child who is then placed in the care of an approved relative caregiver. Some of these relative caregivers obtain legal guardianship in the Juvenile Court. 4. Adoptive Parents are those relatives who have participated in a court proceeding which occurs after both the mother s and father s parental rights have been terminated. Relative caregivers who adopt are considered the child s parents under the law. Adoption permanently terminates all of the biological parents rights and obligations; this includes visitation and financial support. Marie s granddaughter was born with drugs in her system. The hospital staff notified the Department of Children & Family Services, which identified Marie as a possible foster care relative caregiver. Upon release from the hospital, the baby was placed in Marie s home. Marie s daughter refused to participate in the parenting classes and drug treatment recommended by DCFS and ordered by the Dependency Court. The court terminated Marie s daughter s parental rights and Marie adopted her granddaughter. Ms. Brown, 30, a bank manager, is raising her sister s two children. Her sister left the two children, ages 6 months and 2 years, alone in her apartment. Neighbors reported the sister to the police and child protective services took custody of the children and placed them with Ms. Brown. Ms. Brown completed the requirements to become an approved foster care caregiver. 1 Overview 6

Chapter 2 Informal Caregivers

INFORMAL CAREGIVERS Am I an Informal Relative Caregiver? You are an informal relative caregiver if you are raising a relative s child without the court first having approved the placement or having DCFS place the child in your home. An informal relative caregiver generally assumes responsibility for a child without involvement from the court system, child protective services, or other authorities. As a result, the informal relative caregiver may have physical custody, but does not have legal custody over the child. This informal caregiving relationship may arise with or without the parents consent and cooperation. When the Parent Consents When Carol and Bill s daughter, Tina, became pregnant at age 16, Carol and Bill took responsibility for the newborn infant and continued to care for him after Tina left home to go to college. DCFS was never involved in the family s decision to care for the child. Carol and Bill never filed for legal guardianship of their grandson. The child, Joey, is now 11 years old and continues to live with his grandparents. Tina has finished college and now has a job. Although she no longer lives at home, Tina is in close contact with her parents and her son, Joey. This informal custodial arrangement has worked well for Carol and her family. Although the world has generally accepted Carol and Bill as Joey s primary caregivers, there have been instances when they needed Tina in order to make decisions regarding Joey. For instance, when Joey needed corrective eye surgery, the hospital would not proceed without Carol and Bill bringing Tina to the hospital to consent. This problem was resolved because the child s parent was available, cooperative and in communication with the relative caregivers. Advice Many parents ask a relative to care for their child when they are not able to provide the care themselves. Even if you are in frequent communication with the parent(s) and you are confident that you can reach them in emergencies, we recommend that you ask the parent(s) to help you take the following steps: 1. Get a copy of the child s birth certificate 2. Get a copy of the child s Social Security card 3. Get a copy of all medical records, especially immunization history 4. Have the parent(s) sign an Authorization of Medical Agent Form (see Forms section) 5. Have the parent(s) sign and notarize a letter giving you permission to care for the child. (Warning: this letter does not give you any kind of legal custody over the child, nor does it suspend or terminate the parent s rights. However, it can be helpful when dealing with doctors, schools, and others in the future.) 2 Informal Caregivers 8

Lisa was a drug addict who lived with her mother, Pat. Lisa s son, Nicholas, also lived in the home. Nicholas father is unknown. When Nicholas was only three years old, Lisa simply disappeared. It has been weeks since Pat heard from Lisa. Pat continues to care for Nicholas in her home. When the Parent(s) does not Consent or is not in Communication Unfortunately, Pat s situation has been difficult. Pat has no documents from Lisa designating Pat as the primary caregiver. Nor does she have copies of Nicholas birth certificate or Social Security card. While Pat has the full cooperation of Nicholas pediatrician, she has Advice If you are a relative caregiver and are not in communication with the child s parent(s), we recommend that you: 1. Request a copy of the child s birth certificate from the office of the County Clerk where the child was born. In Los Angeles, this office is called the Los Angeles County Registrar-Recorder. (See Resources section.) 2. Request an application for a replacement copy of the child s Social Security card from the Social Security Administration (SSA). The same application can be used to request an original number for the child. (See Resources Section.) 3. Complete a Caregiver s Authorization Affidavit. This form allows you to enroll a child in school and consent to medical and dental treatment, including immunizations. It does not require the signature of a parent, but does require that you make an effort and swear under written oath that you attempted to contact the child s parent to get consent for non-school related medical care. 4. Consider filing a petition to be appointed Legal Guardian. (See Legal Guardian section.) 5. Consider contacting DCFS to place the child in the foster care system in order to be eligible for the foster care resources and benefits. (See Foster Care Relative Caregivers section.) You must contact DCFS immediately after caretaking begins. The contact number in Los Angeles County for DCFS is 800-540-4200. Please note, the decision to contact DCFS should not be made lightly because there is always a possibility DCFS will determine the relative caregiver is not suited to care for the child and will place the child elsewhere. On the other hand, if the child has special physical or medical needs, is disabled or undocumented, it may be advantageous to contact DCFS because more financial benefits and supportive resources may be available to the caregiver through the foster care system. 9 2 Informal Caregivers

other difficulties. Pat cannot add Nicholas to her health insurance because she is not his legal guardian. Pat is also worried about enrolling Nicholas in school. But perhaps the greatest disadvantage of Pat s informal caretaking role is her ongoing fear that Lisa might return one day and take Nicholas away. Pat knows that life on the street with his mother would put Nicholas in real danger. Pat s situation is less than ideal and it may be in her best interest, as well as Nicholas, to consider a more formal caretaking arrangement, either as Nicholas foster care relative caregiver, legal guardian or adoptive parent. Each of these options will be discussed fully later in this guide. However, all informal caregivers can take a certain amount of control over their situations. What Benefits are Available? Children being raised by Informal Relative Caregivers may qualify for* 3 Monthly cash assistance from CalWORKs 3 Health insurance through Medi-Cal 3 SSI (where child has a disability) 3 Survivorship Benefits *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. 2 Informal Caregivers 10

Advice 1. If you are not eligible for or do not wish to receive CalWORKs for yourself, explain to the DPSS worker that you are making a child only application when applying for CalWORKs or Medi-Cal. As a nonneedy caregiver your household income should not be used to determine the child s eligibility for either program unless you are also personally receiving CalWORKs. 2. Remember that undocumented or noncitizen children are not eligible for CalWORKs or Medi-Cal. 3. Monthly cash assistance from CalWORKs is less than the monthly cash assistance from foster care, and unlike foster care payments, does not provide supplements for children with special needs. See Foster Care section. 4. If DPSS denies your application for CalWORKs or Medi-Cal, you have a right to appeal the denial. Call the tollfree number 800.952.5253 once you receive your Notice of Action. 5. Be aware that if you do apply for CalWORKs on behalf of the child, the county Child Support Services Department may pursue the parent(s) for reimbursement if they are employed. 6. In addition, the child in your care may be eligible for additional benefits that are identified in the section entitled Other Benefits. 11 2 Informal Caregivers

Chapter 3 Probate court Legal Guardianship

Probate Court Legal Guardianship child placed with him or her as a foster child, Probate Court legal guardianship is the first option to consider. A legal guardianship does not terminate the child s parental rights; rather it suspends a parent s rights temporarily. Legal guardianship can be granted with or without the parents consent or cooperation. Can a Parent(s) Consent to Legal Guardianship? Yes, a parent can nominate or consent to the relative s appointment and the court will typically honor the nomination. When the guardianship is not contested by the parents or certain other relatives, the proceeding is fairly straightforward and can often be handled without an attorney. If you are low income, legal services programs can help you with the paperwork. Additionally, in some instances, an attorney may be available to represent you. The whole process typically takes one to three months. To initiate the process, contact an attorney or use the Kinship Care Directory section of this guide. What is Probate Court Legal Guardianship? This type of guardianship is a legal process where an informal caregiver files a petition with the Probate Court to ask for legal custody of the child. If the caregiver has decided against calling DCFS to have the Can a Relative Caregiver Apply for Guardianship if the Parent(s) do not Consent or are not in Communication? Yes! The relative can still file a petition in the Probate Court seeking legal guardianship of the minor child when a parent does not consent or cannot be found. However, the law requires that the child s parents, siblings, half-siblings and grandparents be notified of 3 Probate Court Legal Guardianship 14

the guardianship proceedings so that they have the opportunity to object to the petition if they so choose. If a parent objects, the guardianship proceeding is referred to as a contested hearing. The court may, in these instances, appoint an attorney to represent the interests of the child and to make a recommendation to the court. If you think that your petition for guardianship will be contested, it is probably in your best interest to find an attorney to assist you. What are the Rights of a Guardian? Once the court grants the guardianship petition, the caregiver is called a legal guardian. A legal guardian has the ability to act on the child s behalf and make decisions regarding the child as if the guardian were actually the child s parent. The guardian has legal and physical custody. Another major benefit of a guardianship is that the child s parents are prohibited from removing the child from the home without the guardian s permission. A parent who takes the child without permission can be criminally prosecuted. However, the establishment of a guardianship does not terminate parental rights altogether, and a parent, or any other interested person, can petition the court to terminate the guardianship. Advice: How Do I Obtain Legal Guardianship? 1. You must first file a petition with the court requesting legal guardianship. The court requires a fee to file the papers for the legal guardianship. However, if you are low-income, you can ask the court to waive the fee by completing and filing a Request to Waive Court Fees form. If you do not qualify for a fee waiver, and the child in your care is 12 years old, he or she can file as the petitioner. If the child is at least 12 years old and listed as the petitioner, only the child s income will be counted when considering the feewaiver application. 2. When you apply for legal guardianship, the Probate Court will investigate your personal background. The court papers will require you to complete a confidential questionnaire that asks about your criminal history. 3. If the child in your care has financial assets, you may be required to apply for legal guardianship of the child and his or her estate. If the court approves this request, you will have additional record keeping and reporting responsibilities. 15 3 Probate Court Legal Guardianship

What Benefits are Available? Children being raised by a Probate Court Legal Guardian may qualify for* 3 Monthly cash assistance from CalWORKs 3 Health insurance through Medi-Cal 3 Supplemental Security Income (SSI) 3 Survivorship Benefits 3 Social Security Dependent s Benefits *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. Special Categories If you are caring for a child with a terminally ill parent, you can petition the court to become a joint guardian with the child s parent. This process will ensure that the caregiver will continue to care for the child after the parent s death. Compare: Informal Custody vs. Legal Guardianship The chart below compares the main differences and similarities between informal relative caregivers and legal guardians. Informal Custody vs. Legal Guardianship Parents have full rights, including the right to reclaim the child at any time Child ineligible for caregiver s work insurance plans Caregiver can t consent if parent or legal guardian consent required Parents rights suspended and transferred temporarily to legal guardian; parent must go to court to terminate the legal guardianship before reclaiming the child Child eligible for caregiver s work insurance plans Legal guardian can give consent Parents have responsibility to financially support child Parents have responsibility to financially support child 3 Probate Court Legal Guardianship 16

Chapter 4 FOSTER CARE RELATIVE CAREGIVERS

FOSTER CARE RELATIVE CAREGIVERS What is the Department of Children and Family Services? In Los Angeles County, the child protective service agency is called the Department of Children and Family Services (DCFS). DCFS is responsible for providing temporary care (usually called foster care) for children who have been abused or neglected and some children on probation. What Does DCFS Do? When DCFS receives allegations of abuse or neglect, it will send a social worker to investigate. DCFS may decide (1) no action is needed, (2) to work with the family outside of the court system and provide family preservation services, or (3) to remove the child from the parents or legal guardian and place the child in protective custody. What Happens if DCFS Removes the Child from the Parent(s) Home? If DCFS removes a child from the home, DCFS places the child in a foster home while the parents are given time to attempt to reunite with their children. When a child is placed in foster care as a condition of his or her probation, the Los Angeles County Probation Department will make a recommendation whether to return the child to the parents after the child has completed the probation period. The law requires DCFS and the Probation Department to look for relatives to care for the child. If a relative is located, the relative will need to be approved before the child is placed in the relative caregiver s home. If no relative can be located, the child is placed in a licensed group or non-relative foster home. While the concept of foster care carries with it many negative associations, certain benefits and services are available through the foster care system that are not available to informal relative caregivers, Probate Court legal guardians or relatives who adopt a child who is not in foster care. How Do Kids Get Placed into the Foster Care System? 1. Call from a Social Worker Thurston s first grade teacher noticed bruises on both of his legs. As a teacher, Ms. Kay is required by law to report suspected abuse. An emergency social worker investigated the report and removed Thurston from his father s home. The social worker contacted Thurston s grandmother who lived in the same neighborhood to see if she would care for the child. Generally, a relative receives a phone call from DCFS after the child is removed from the parents home. The relative will be asked whether they would consider caring for the child. 4 Foster Care Relative Caregivers 18

2. Call from a Probation Officer Marcel, who is 15 years old, was cited for an altercation at school and is on probation. Marcel s probation officer believes that Marcel s mother s boyfriend is using drugs in the home and recommends that Marcel be placed in foster care during his probation. A child who is cited for committing delinquent acts may be placed on probation and placed into the foster care system. Please note that not all juvenile incidents will result in arrest, detention and removal from home; in some cases, the probation officer designs a program of classes, counseling and or community service to be successfully completed in lieu of appearing in court. A child is removed from his or her home and placed in suitable placement when the delinquent behavior is believed to be a result of the home environment and influences therein. Suitable placement options are identified and chosen specific to the needs of the individual child and may include group homes, family homes, mental health facilities or relative caregiver homes. When placement in a relative s home is appropriate, the Probation Department is required, just like DCFS, to attempt to identify suitable relatives. Such relatives, and their homes, must be approved prior to the child being placed in the home. The approval process involves a home inspection and background check of all residents in the home prior to the placement of the child. Similarly, where a child is removed from the parent s home by the Probation Department, reunification services are provided to the parents. Advice If the child in your care was placed into foster care as a condition of his or her probation, please review the Judicial Council of California s website for additional information on the Juvenile Court Delinquency Process and Probation Foster Care. Judicial Council of California www.courts.ca.gov/selfhelp-delinquency.htm 19 4 Foster Care Relative Caregivers

3. Call to Locate Child in Protective Custody Magdelena received a call at work from her niece, Rose. Rose told Magdelena that DCFS had taken Rose s son, Mario, into protective custody. Some relatives receive a phone call from the parents or other family members informing them that a related child has been removed from the parents home and taken into protective custody. These relatives can contact DCFS and offer to care for the child. Advice If you are aware of a child who has been removed from his or her home and you want to care for this child, you should immediately call the DCFS Hotline (called the Child Abuse Hotline). Tell them you want to care for the child and you need the name and phone number of the child s emergency social worker. Be prepared to provide the name, address and age of the child, mother and father. DCFS Child Abuse Hotline 800.540.4000 (toll-free) 4. Call to Report Abuse or Neglect Jonathan s 20-year-old son, Robert, is a cocaine user. Sometimes, Robert and his girlfriend, Sherrie, will leave their 2 year-old daughter, Erin, with Jonathan and not come back for days. Jonathan is worried for the safety of Erin and was told he could contact DCFS regarding his granddaughter. Some people, suddenly faced with raising a relative s child, choose to contact DCFS, volunteer the child into the foster care system, and then become foster care relative caregivers in order to responsibly provide for the child with the support of foster care services and financial assistance. The decision is a difficult one to make. For example, in Jonathan s case above, the social worker may believe that Erin s parents have made appropriate arrangements for Jonathan to care for their child. In this situation, DCFS may decide the child is not at risk, and therefore refuse to open a foster care case. There is also the possibility that DCFS will determine that the relative caregiver is not suited to care for the child. In that case, the child will be placed with other relatives, nonrelatives or in a group home. Despite the complicated issues to consider when a child is left in your home by a parent, a relative caregiver who chooses to contact DCFS should do so immediately after the caretaking begins. This is because DCFS intervenes when a child is in immediate harm; 4 Foster Care Relative Caregivers 20

DCFS is less likely to intervene when the child is safe, secure and in a stable home. Advice If you are considering this option, please review the entire section dealing with foster care relative caregivers. Before you contact DCFS, you are strongly encouraged to contact an attorney to assist you. To report abuse or neglect, relatives should call the DCFS Child Abuse Hotline at 800.540.4000 (toll-free) What Happens if DCFS Decides a Child is not at Risk? If a DCFS social worker s investigation substantiates allegations of abuse, abandonment and/or neglect, she will open a foster care case. If the allegations are not substantiated, but the investigation nevertheless confirms an immediate issue that needs attention, she may choose to identify a relative to care for the child without opening a foster care case. Daniel s parents were arrested for robbery. A social worker called his great-aunt, Nelda, to see if she would be able to care for Daniel. Nelda agreed to take Daniel into her home. The social worker told Nelda that she should get legal guardianship of Daniel. Sometimes, a social worker will contact a child s relatives, ask them if they are willing to care for the child, and advise them they need to get legal guardianship through Probate Court. Generally, this means that DCFS does not believe the child is at risk and does not want to take the child into protective custody. Advice If you receive a call telling you to pick up a child and to get legal guardianship, you are strongly encouraged to contact an attorney. If the child s parents are incarcerated, you may want to ask DCFS to take custody of the child who is abandoned and place the child in foster care in your home. If DCFS does not take the child into protective custody, you can file a petition with the Juvenile Court requesting that the court take jurisdiction. The petition is called Application to Commence Proceeding by Affidavit and Decision by Social Worker (JV-210). This form is available online at www.courts.ca.gov. Please be aware that if you file for Probate Court Legal Guardianship, you will not be eligible for any benefits or services from the foster care system. Please review the section in this guide on Probate Court Legal Guardianship. If you have questions as to why DCFS has contacted you, please call the Child Abuse Hotline at 800.540.4000. 21 4 Foster Care Relative Caregivers

Advice You can request a copy of the requirements for foster care relative caregivers by calling the DCFS Kinship Resource Center and asking for a copy of the seven-page packet called Approval of Prospective Caregiver (DCFS #723). How DCFS Approves Relatives as Caregivers The requirements for approval fall within three different categories: criminal records clearance, caregiver qualifications, and safety of the home environment. A criminal record check, which includes a child abuse records check, is required for all applicants and adults living in the home; Caregiver qualifications require an ability to provide supervision for the child, and an ability to meet the child s needs; and A clean safe environment that provides for the storage of weapons, poisons, medications, and provides safe, healthy and comfortable accommodations. If your home is not approved, you are entitled to a written description of what disqualified your home. Additionally, the social worker is required to assist you in remedying issues with your home that can be fixed in order for your home to be approved. The DCFS Kinship Resource Center can assist you in navigating the approval process and addressing your concerns. Call the DCFS Kinship Resource Center at 888.694.7263 If you, or any other person in the household, have a criminal record of any kind, you should consider contacting a criminal attorney to see if you can get the arrest, probation or parole removed from your record. This process is called expungement. Until the record is cleared, it is unlikely that DCFS will issue a waiver and approve you as a relative caregiver if you have any criminal record. (See Kinship Care Directory.) 4 Foster Care Relative Caregivers 22

Kinship Care Education Relative caregivers, unlike non-relative foster parents, are not required to be licensed, but instead must be approved by DCFS. When you become a foster care relative caregiver, DCFS will encourage you to take a parenting course called Kinship Education and Preparation Support (KEPS) Orientation Class. This four-hour class is offered at various community colleges in Los Angeles County. You will also be able to sign up for a 36-hour KEPS class on additional parenting skills. Advice To locate a Kinship Education and Preparation Support (KEPS) Orientation Class call the Kinship Resource Center at 888-MY-Grand (888.694.7263) or for more information go to http://dcfs.co.la. ca.us/kinshippublic/default.html What is the Juvenile Court Dependency Process? When a child is removed from the parents or legal guardian s custody for abuse or neglect, DCFS must file a petition with the Juvenile Court Dependency Division within 48 hours stating the allegations of abuse or neglect. Once the petition is filed, a series of court hearings are held to determine if the child is at risk and if so, what the parents need to do in order to regain custody of the child. In dependency hearings, separate attorneys represent the mother, the father, the child and DCFS. Children in foster care also have a Children s Social Worker (CSW) and may have a Court Appointed Special Advocate (CASA volunteer). The social worker must visit the child once every month. Although you may be the child s primary caregiver, you will not have a lawyer appointed to represent you. Because it is important for the judge and the other attorneys to know how you are caring for the child, we recommend you attend the hearings. The social worker is required to send you written notice of future hearings and copies of reports on parents progress, or lack of progress, toward reunification. 23 4 Foster Care Relative Caregivers

Advice A foster care relative caregiver should submit a De Facto Parent Request (JV-295) to the court. Usually this application is submitted at the disposition hearing. If you believe it is in the best interests of the child to have your opinions represented in court, you will need to apply for de facto parent status. The application requires the relative caregiver to detail the relationship, nature and frequency of contact with the child. If granted by the court, you will be afforded the same rights as the child s parents and be allowed to be represented by an attorney and participate in the court hearings. De Facto Parent status also allows you to be provided court-appointed counsel at the judge s discretion. The form is a simple one-page document. Contact the Children s Court Clerk s office to get a copy of the application or print it from http://www.courts.ca.gov. Whether or not you obtain De Facto Parent status, as the primary caregiver you should complete a document called the Caregiver Information (JV-290) form prior to each court hearing and whenever a major change has occurred. This document allows you to submit written information to the court regarding the child s physical health, education, adjustment to living arrangement or other helpful information. For example, the form asks the caregiver to keep the court informed of any special education needs of the child. The form should be signed by the foster care relative caregiver and submitted to the court well in advance of the each hearing date. The form is a simple two-page document. Contact the Children s Court Clerk s office to get a copy of the application or print it from http://www.courts.ca.gov. As a foster care relative caregiver, you should also make sure you keep all court forms in an organized folder. Throughout the process, you may be asked to provide copies of the child s birth certificate, Social Security card, medical records and various other papers. We recommend that you get a spiral notebook with pockets so you can keep track of various activities and contact numbers. Finally, if you are the legal guardian of a child and are charged with abuse or neglect you will be entitled to an attorney and offered reunification services. If you have not received notice of a hearing or a copy of the social worker s report regarding reunification efforts, call your child s social worker (CSW). If the CSW is unresponsive, contact the social worker s supervisor and request that these documents be sent to you in a timely fashion. 4 Foster Care Relative Caregivers 24

DCFS Resources One of the major reasons to consider opting into the foster care system is the variety of resources available to foster care relative caregivers. These resources are designed to assist both the children and their caretakers. Consider the following programs: Child care programs for foster care relative caregivers who are working or in school; Clothing allowance for foster children; Independent Living Program (ILP) at the age of 14, all foster children are eligible, on request, to participate in the program which provides resources and training for living on their own; Kinship Resource Center Support Groups for relative caregivers. Special Categories Native American Children If a child in your care is Native American, please be aware that the Indian Child Welfare Act (ICWA) requires courts to give priority to placements in Native American homes. If you need assistance with this issue, please contact an attorney. Undocumented or Non-Citizen Children If a child in your care does not have legal permanent resident status and is in the foster care system, a special process can assist the child in obtaining residency papers. The process is called Special Immigrant Juvenile Status. Contact the Child s Social Worker or an attorney to initiate this process. In order for the child to obtain residency papers, the process must be completed before the child turns 18 years of age or the dependency, delinquency or probate case is closed. What Benefits are Available? Children being raised by Relative Caregiver in Foster Care may qualify for* 3 Monthly cash assistance from CalWORKs (if eligible and not receiving Youakim) 3 Youakim Benefits 3 Health insurance through Medi-Cal 3 Supplemental Security Income (SSI) 3 Survivorship Benefits 3 Social Security Dependent s Benefits *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. Long-Term Foster Care Options DCFS s primary goal is the safety of the child. DCFS attempts reunification of the child with the parent(s) whenever possible. However, 25 4 Foster Care Relative Caregivers

there are situations where it is unlikely that the child will ever be reunited with the parent(s). If the child cannot be returned home after 12 months (six months if the child or any sibling is under three years of age), federal and state law require that a permanent plan be made for the child. Phyllis two children were removed by DCFS after a doctor reported severe bruising found during the children s yearly physical exam. The Dependency Court ordered Phyllis to attend anger management classes and the children were placed with Perry, Phyllis father, as a relative foster caregiver. Six months later, Phyllis has still not attended the classes and the court has set a hearing to make a permanent plan for the children because reunification efforts have failed. Foster care relative caregivers, like Perry, must decide what is the best custodial option to continue to provide care for the child. Some relatives want to keep things as they are. Some relatives want to make sure the child remains their foster child and is not moved from home to home within the system. Others feel as if they no longer need the support services offered by DCFS but are not comfortable adopting the child. The following four permanent plan options are available to foster care relative caregivers: Long-Term Foster Care; Dependency Court Legal Guardianship; Dependency Court Legal Guardianship with Kinship Guardianship Assistance Program (Kin-GAP); and Dependency Court Agency Adoption with Adoption Assistance Program (AAP). Long-Term Foster Care If the permanent plan for the child is Long- Term Foster Care, the child will remain in the custody of DCFS until he or she reaches 18 years of age, marries, is adopted or is emancipated. If you choose Long-Term Foster Care, you will continue to receive the same benefits you received as a foster care relative caregiver discussed above, including cash assistance from either Youakim or CalWORKs, medical coverage through Medi-Cal, and access to DCFS services and resources. Dependency Court Legal Guardianship Long-Term Foster Care may be inadequate for many foster care relative caregivers because DCFS retains legal custody of the child. Some caregivers need the security of knowing that the child cannot be simply taken out of the home by DCFS without cause. Dependency Court Legal Guardianship is a legal process where the relative will go to court to ask for legal custody of the child. In order for the child to be removed from the foster care placement, DCFS will have to go to court to terminate the legal guardianship. If you choose to become a legal guardian with Dependency Court Jurisdiction and request 4 Foster Care Relative Caregivers 26

continued jurisdiction by the Dependency Court, you will continue to receive the same benefits you received as a foster care relative caregiver discussed above, including cash assistance from either Youakim or CalWORKs, medical coverage through Medi-Cal, and access to DCFS services and resources. Dependency Court Legal Guardianship with Kinship Guardianship Assistance Program (Kin-GAP) Some foster care relative caregivers feel as if they no longer need the support services offered by DCFS but are not comfortable adopting the child. In California, a program called the Kinship Guardianship Assistance Program (Kin-GAP) is available to foster care relative caregivers who have been caring for a child for at least six months. The Kin- GAP program was originally designed to give foster care relative caregivers the ability to remove their family from Dependency Court jurisdiction without terminating parental rights or going through the adoption process. Under the Kin-GAP program, the relative caregiver becomes the child s legal guardian and the Dependency Court terminates its jurisdiction over the child. The program allows the relative caregiver to continue to receive monthly cash assistance for the child, including children with disabilities receiving the D or F foster care rate. (See Benefits section for more information.) Children being raised by a Dependency Court Legal Guardian may qualify for* 3 Monthly cash assistance from CalWORKs (if eligible and not receiving Yoakim or Kin-Gap) 3 Health insurance through Medi-Cal 3 Supplemental Security Income (SSI) 3 Survivorship Benefits Advice There are some resources, benefits and scholarships available to children who are currently in foster care or who aged out of foster care at the age of eighteen. Exiting the foster care system via Kin-GAP may disqualify a child for such resources. Before deciding to exit foster care via Kin-GAP, you should contact the Kinship Resource Center for advice on whether these issues are applicable in your situation. 3 Social Security Dependent s Benefits 3 Youakim or Kin-Gap *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. 27 4 Foster Care Relative Caregivers

If I leave the foster care system through Kin-GAP, can I still get Medi-Cal? Yes, under Kin-GAP, a child continues to be eligible for Medi-Cal until 18 years of age. Eligibility for Medi-Cal can continue until age 21 if the child is in school, but additional action will be required prior to the child s 18th birthday. The child is a client of a Regional Center, can I still Kin-GAP? Yes, enrollment in Kin-GAP does not affect a child s entitlement to receive ongoing Regional Center services, including monetary benefits at a dual-agency rate based upon his or her specific needs and certain age and developmental criteria. If I leave the foster care system through Kin-GAP, can I still get DCFS services? No, Under the Kin-GAP program, no further child welfare services or social worker followup will be provided, with the exception of Independent Living Program (ILP) services to eligible youth ages 14 17. Dependency Court Agency Adoption with Adoption Assistance Program (AAP) Some caregivers want to bring the child in their care into their family permanently by adoption. Adoption is a legal process initiated after parental rights are terminated. The child is adopted by the foster care relative caregiver who then becomes the child s parent. All rights and responsibilities of the birth parents cease after the termination of parental rights. The adoption process can take one year to complete. If there is no hope of reunification with the child s parents, adoption may be in the best interest of the child and the relative caregiver. The Adoption Assistance Program (AAP) was designed to provide an economic incentive to adopt children from the foster care system. Under AAP, an adopted child continues to receive the same financial and medical assistance as when he or she was a foster child. Advice A foster care relative caregiver is not required to change custodial status from foster care relative caregiver to adoptive parent with AAP. If you are being forced to adopt in order to keep the child in your care, please contact the Children s Social Worker (CSW) assigned to your child, the Kinship Care Resource Center and/or a legal service provider listed in the Kinship Care Directory section of this guide. Will I continue to get services from my DCFS social worker? No. Under AAP, no further child welfare services or follow-up will be provided, with the exception of an AAP rate review every two years and some post-adoption services offered by DCFS. However, if the child is over 14 years old when adopted, the child remains eligible for ILP services. 4 Foster Care Relative Caregivers 28

Chapter 5 Adoption

ADOPTION Should You Consider Independent Adoption? Children placed with family members through Foster Care are not eligible for Independent Adoption. However, if you are caring for a relative child informally or as a legal guardian through the Probate Court, you may wish to consider pursuing an Independent Adoption. If you believe that there is no hope of reunification with the child s parents, adoption may be in the best interest of the child and the relative caregiver. Adoption is a legal process initiated after parental rights are terminated. The child is adopted by the informal relative caregiver or legal guardian who then becomes the child s parent. All rights and responsibilities of the birth parents permanently cease after the court terminates parental rights. The adoption process can take one year to complete. What Benefits are Available to Independent Adoptive Parents? An informal relative caregiver or legal guardian who adopts a child whom has never been in the foster care system is generally not eligible for any specific benefits based on the adoption. However, the following benefits are still available to eligible households. Children being raised through Independent Adoption may qualify for* 3 CalWORKS see discussion below 3 Medi-Cal see discussion below 3 SSI (where child has a disability) 3 AAP see discussion below *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. Cash Assistance: CalWORKs A relative who adopts a minor child becomes the child s parent. In order to receive cash assistance from the CalWORKs program, the household, including the relative and child, must qualify. The monthly amount is based on the number of people in the household and their income and assets. Contact the Department of Public Social Services (DPSS). Health Care: Medi-Cal or Healthy Families A relative who adopts a minor child becomes the child s parent under the law. In order to receive medical coverage through the Medi-Cal program, the household including the relative and child must qualify. A household that 5 Adoption 30

is receiving CalWORKs is automatically eligible for medical coverage through the Medi-Cal program. Contact the Department of Public Social Services (DPSS) to apply or for more information. Working families with minor children may be eligible to participate in California s Healthy Families plan which provides low cost medical coverage. Request an application by calling 800.880.5305, or complete an application on-line at www. healthyfamilies.ca.gov. Adoption Assistance Program (AAP) If a child adopted through an Independent Adoption was previously in foster care or is deemed to have been at risk of dependency, AAP payments may be appropriate. Discuss applying for AAP payments with your adoption agency. Tax Credit In addition to the tax benefits provided by a dependent, federal law provides a tax credit for certain expenses incurred in connection with an adoption. In 2010, the maximum tax credit was $13,170 per child. The credit can be claimed even if you do not owe taxes (in which case the IRS would refund you the amount of your eligible credit). For more information, see your tax preparer or the IRS at 800.829.1040 (www.irs.gov). In addition, the child in your care may be eligible for additional benefits which are identified in the section entitled Benefits. Should You Consider Adoption through Dependency Court? Adoption may also be appropriate for Relative Foster Care Caregivers and Legal Guardians in Dependency Court. In contrast to foster care and legal guardianship, adoption is a legal process initiated after parental rights are terminated. The child is adopted by the caregiver, who then becomes the child s parent. All rights and responsibilities of the birth parents cease after the termination of parental rights. The adoption process can take one year to complete. If there is no hope of reunification with the child s parents, adoption may be in the best interest of the child and the relative caregiver. Children adopted from Dependency Court may qualify for* 3 CalWORKS see discussion below 3 Medi-Cal 3 SSI (where child has a disability) 3 AAP *Child must be a Legal Permanent Resident or a United States Citizen to qualify for benefits. For further information on these topics, please consult the section entitled Benefits. 31 5 Adoption

Will I continue to get services from my DCFS social worker? No. Under AAP, no further child welfare services or follow-up will be provided, with the exception of an AAP rate review every two years and some post-adoption services offered by DCFS. However, if the child is over 14 years old when adopted, the child remains eligible for ILP services. Advice A foster care relative caregiver is not required to change custodial status from foster care relative caregiver to adoptive parent with AAP. If you are being forced to adopt in order to keep the child in your care, please contact the Children s Social Worker (CSW) assigned to your child, the Kinship Care Resource Center and/or a legal service provider listed in the Kinship Care Services Directory section of this guide. 5 Adoption 32

Chapter 6 Benefits

Benefits CalWORKs Supplemental Security Income (SSI) Medi-Cal Foster Care (Youakim) Benefits Kin-Gap Adoption Assistance Payments (AAP) Informal Caregiver Probate Legal Guardian Foster Care Relative Caregiver Legal Guardian (Dependency Court) Adoptive Parent (Dependency Court) Independent Adoption YES * YES YES NO NO NO YES * YES YES NO NO NO MAYBE * # YES YES MAYBE # NO NO MAYBE * # YES YES MAYBE # MAYBE # NO YES ^ YES ^ YES ^ NO NO YES YES ^ YES ^ YES ^ NO NO NO * Eligibility based upon the income and resources of child s family before child was placed with caregiver. # A caregiver, if otherwise eligible, can receive only one of the following: CalWORKs, Youakim, or Kin-Gap. ^ Eligibility based upon the income and resources of the adoptive family. Youakim Benefits Youakim benefits are monthly payments given to relatives who are caring for a child in the foster care system. In order to qualify, the child must have been eligible for CalWORKs when DCFS or the Probation Department removed the child from the parents home. If you believe you qualify for Youakim benefits, contact the Child s Social Worker to request a review of your eligibility. The amount of the monthly payment for a child is based on the child s age and whether the child has emotional, behavioral, medical, or developmental problems. As the child gets older, the monthly amount increases. If the child has special medical needs, he or she qualifies for additional assistance, or specialized care increments (SCIs), above the basic foster care rate. The additional assistance is called a D or F rate. The D rate covers children with serious emotional or behavioral problems who are evaluated and approved by the Department of Mental Health. The F rate covers children with serious medical conditions, physical disabilities, or developmental delays after a doctor s evaluation and documentation. D and F rates vary and are determined by the specific needs of each child recipient. For example, in 2008, a foster care relative caregiver caring for two children under 4 years of age with no special medical needs received the basic rate of $446 per month for each child, or a total of $892 per month. If those same two 6 Benefits 34

children had special medical needs that qualify them for the D or F rates, each child could have received as much as $1444 per month, or a total of $2888 per month. CalWORKs As discussed above, some foster care relative caregivers do not qualify for Youakim benefits. They can, however, qualify for CalWORKs if the child is a legal permanent resident or U.S. citizen. However, the monthly cash assistance from CalWORKs is less than the monthly cash assistance from foster care, also called Youakim benefits, and does not provide for graduated supplements for children with special medical or health needs. For example, as of July 2011, a foster care relative caregiver caring for two children of any age, with or without special medical needs, receives $577 per month for both children. The children will continue to receive cash assistance until 18 years of age. Contact the Children s Social Worker (CSW) assigned to your child or the local Department of Public Social Services (DPSS) for the most current rates and to complete a CalWORKs application. If your application for CalWORKs was denied, contact the Appeals and State Hearings Section at 800.952.5253 after you receive the Notice of Action. Pay close attention to the deadline stated in the Notice for filing an appeal. Dual Agency Cases When a child is receiving Youakim benefits, CalWORKs, Kin-GAP, or AAP while simultaneously receiving Regional Center services, the child is deemed a dual-agency child. This child may receive a dual agency rate based upon his or her specific needs, age and developmental criteria. Health Care: Medi-Cal Medi-Cal is a statewide medical assistance program. It provides medical coverage for minor children, and in some cases, the relative caring for them if the relative qualifies financially. A child who is receiving CalWORKs, Youakim benefits, Kin-GAP, AAP, or Supplemental Security Income (SSI) is automatically eligible for medical coverage through the Medi-Cal program regardless of the relative caregiver s household income. When a foster child is adopted by a relative who receives AAP payments, the child will continue to be eligible for Medi-Cal until 18 years of age. Eligibility for Medi-Cal can continue until age 21 if certain criteria are met; be sure to discuss medical insurance extension options with the child s Social Worker prior to the child s 18th birthday. Advice If a child with disabilities has special needs that are not being met through Medi-Cal, additional financial resources are available from DCFS. Please contact the child s Social Worker assigned to your child or the DCFS Kinship Resource Center. In addition, the child in your care may be eligible for additional benefits which are identified in the section entitled Other Benefits. 35 6 Benefits

Kin-GAP Kinship Guardian Assistance Program (Kin- GAP) benefits are monthly payments given to current guardians who used to be relative caregivers through the foster care system/ Dependency Court proceedings. The Kin-GAP monthly payment provides the same amount of money as the Youakim benefit, including clothing allowances and specialized care increments (SCIs) for children with special needs. Additionally, if the child is receiving services from a Regional Center, he or she remains a dual agency child receiving the same dual-agency rate. Advice The specialized care increment (SCI) is set according to the foster care rate the child received in the month before the month when Kin-GAP started. It is very important for the caregiver to consider any potential specialized care needs or changes prior to closing the foster care case. If you believe that the child has a special need (either mental or physical) that has not been identified and addressed, be sure to have the child assessed before closing your relative foster care case. Adoption Assistance Payment (AAP) The Adoption Assistance Program (AAP) was designed to provide an economic incentive to adopt children from the foster care system. Under AAP, an adopted child continues to receive the same financial and medical assistance as when he or she was a foster child. For relative caregivers, the AAP payment will replace the Youakim payment. The AAP payment is a negotiated amount of money based on the child s needs and the ability of the family to meet those needs; the amount is reviewed every two years until the child turns 18. Generally, the AAP rate is the same rate the child received while in foster care and will never go below the basic foster care rate. OTHER BENEFITS Child Support Parents are obligated to support their children even if they do not live in the same home. Therefore, an informal relative caregiver may be eligible to receive child support from either parent through the local child support agency. In Los Angeles, an informal caregiver should 6 Benefits 36

contact Los Angeles County s Child Support Services Department (CSSD) and apply for its free services. Those services include locating parents, establishing paternity, obtaining court orders for child support, and collecting and distributing collected support. The application process will be automatic if a CalWORKs application is completed. If the child receives CalWORKs, the relative caregiver may only be entitled to child support after the state is reimbursed. CSSD s phone number is 866.901.3212. They have offices in Commerce, Encino, West Covina, Palmdale, South Los Angeles, and Torrance. For more information, go to http://cssd.lacounty.gov/wps/portal/cssd. Women, Infants and Children Supplemental Nutrition Program (WIC) The WIC program is a health and nutrition program that helps children under age 5, pregnant women and mothers with new babies who are income-qualified eat well and stay healthy. While in the WIC program, you will receive special checks, called vouchers, to buy healthy foods at a grocery store you choose. For more information, or to apply for these benefits, call 888.942.9675. National School Lunch and School Breakfast Programs Children from households whose income is at or below certain levels are eligible for free or reduced-price meals every school day. Children who receive food stamps, CalWORKs/ TANF, Food Distribution Program on Indian Reservations (FDPIR) or Kinship Guardian Assistance Payment (Kin-GAP) benefits are automatically eligible for free meals, regardless of the income of the household in which they reside. Foster children are generally eligible because the income criterion is based on the child s personal income. To apply, contact the child s school and request a Free and Reduced-Price Meals application. Contact information for all school districts in Los Angeles County is listed on the Los Angeles County Office of Education (LACOE) s website: http://www.lacoe.edu. CalFRESH (formerly Food Stamps) Households with income at or below certain levels are eligible for additional money to purchase food under the CalFresh Program. CalFresh benefits are issued in the form of Electronic Benefit Transfer (EBT) cards. This program is designed to help an eligible family buy food at farmer s markets and most grocery stores. You can request an application by calling the Health and Nutrition Hotline at 877.597.4777. You can apply in person at a CalFresh office or at some Community and Faith- Based Organizations. Children who are undocumented, in foster care or receiving SSI are ineligible for CalFresh. In-Home Supportive Services (IHSS) The In-Home Supportive Services (IHSS) Program helps pay for services provided to eligible persons who are 65 years of age or 37 6 Benefits

over, legally blind, or disabled adults and children, so they can remain safely in their own homes. IHSS is considered an alternative to out-of-home care such as nursing homes or residential care facilities. Services authorized through IHSS can include household chores and personal care services such as nonmedical assistance with respiration, bowel and bladder care, feeding, bathing, grooming, dressing, assistance with ambulation, help in and out of bed, assistance with medications, and prosthesis care. In order to qualify, you must be a United States citizen or a Legal Permanent Resident and meet all Supplemental Security Income (SSI) eligibility criteria. All applications for IHSS in Los Angeles County are made by telephone. You, or someone acting for you, can apply by calling 888.944.4477. For more information, go to http://www.ladpss.org/dpss/ihss/. Regional Centers The California Department of Developmental Services (DDS) provides services and support to children and adults with developmental disabilities. These disabilities include mental retardation, cerebral palsy, epilepsy, autism and related conditions. The services are offered through Developmental Centers and Regional Centers. There is no charge for diagnosis and assessment for eligibility. Once eligibility is determined, most services are free regardless of age or income. Infants and toddlers (age 0 to 36 months) who were prenatally exposed to drugs may also qualify for services. For further information, contact a local Regional Center or go to http://www.dds.ca.gov. Los Angeles County Regional Centers Eastern Los Angeles Regional Center Telephone: 626.299.4700 or 562.698.0146 URL: www.elarc.org Serving: Alhambra, East Los Angeles, Whittier and eastern Los Angeles County. Frank D. Lanterman Regional Center Telephone: 213.383.1300 URL: www.lanterman.org Serving: Burbank, Glendale, Hollywood- Wilshire, Pasadena and central Los Angeles County. Harbor Regional Center Telephone: 310.540.1711 URL: www.harborrc.org Serving: Bellflower, Harbor, Long Beach, Torrance and southern Los Angeles County. North Los Angeles County Regional Center Telephone: 818.778.1900 URL: www.nlacrc.com Serving: San Fernando and Antelope Valleys and northern Los Angeles County. San Gabriel/Pomona Regional Center Telephone: 909.620.7722 URL: www.sgprc.org Serving: El Monte, Monrovia, Pomona, Glendora and eastern Los Angeles County. 6 Benefits 38

South Central Los Angeles Regional Center Telephone: 213.744.7000 URL: www.sclarc.org Serving: Compton, San Antonio, Gardena, and southern Los Angeles County. Westside Regional Center Telephone: 310.258.4000 URL: www.westsiderc.org Serving: Culver City, Inglewood, Santa Monica and western Los Angeles County. Social Security Administration (SSA) Benefits You can apply for any of the following programs at your local Social Security Office or by calling the Social Security Administration at 800.772.1213. For more information go to http://www.ssa.gov. Supplemental Security Income (SSI) Benefits for Disabled Children Supplemental Security Income (SSI) is a cash assistance program administered by the Social Security Administration. If the child that you are caring for has either physical or mental disabilities, he or she may be eligible for SSI. The amount of money varies from year to year and depends on the household income. The monthly cash assistance may be greater than the monthly cash assistance from CalWORKs. However, the process can be lengthy, taking as many as eight or more months before the application is approved. Social Security Family/ Dependent s Benefits If the child s parents or caregiver are receiving retirement or disability benefits, the child may be eligible for Dependent s Benefits. Social Security Dependent s Benefits for Adults Disabled since Childhood If a child was receiving disability benefits prior to his or her 18th birthday, the child may be eligible to continue to receive dependent s benefits as an adult. Social Security Survivor s Benefits If the child s parent(s) is now deceased and has a work history, the child may be eligible for Social Security Survivor s Benefits. The amount of money available to the child will depend on the parent s earnings during his or her life. Veterans Benefits If a parent of a child is deceased or disabled because of a service-related illness or injury, the child may be eligible for dependent s benefits. Contact a regional Veterans Administration office to request an application by calling the Compensation & Pension Service at 800.827.1000. For more information, go to http://www.va.gov. 39 6 Benefits

RESOURCES FOR ALL RELATIVE CAREGIVERS The following section provides information regarding a variety of issues faced by all relatives caring for minor children, whether informal relative caregivers, legal guardians, foster care relative caregivers, or adoptive parents. Birth Certificate The Registrar-Recorder/County Clerk s office issues copies of birth certificates for persons born in Los Angeles County. Los Angeles County Registrar-Recorder/County Clerk Birth, Death and Marriage Records Section P.O. Box 53120 Los Angeles, CA 90053-0120 Telephone: 562.462.2137 or 800.815.2666 URL: http://lavote.net Child Care Unfortunately, no specific programs provide child or respite care to relative caregivers. However, public and private organizations may provide free or reduced-cost child care and after-school care for eligible minor children. These programs may be offered at local community centers, churches and schools. Eligibility for these programs will be based on a variety of factors, including child s age, household income and parent s or guardian s job hours. Contact the following agencies for assistance in locating child care in Los Angeles County. California Child Care Resource and Referral Network Telephone: 800.543.7793 (toll-free) URL: www.ladpss.org/dpss/child_care Child Care Resource Center (CCRC) 20001 Prairie Street Chatsworth, California 91311 Telephone: 818.717.1000 URL: www.ccrcla.org Serving: San Fernando, Santa Clarita, and Antelope Valleys Crystal Stairs, Inc 5110 West Goldleaf Circle, Suite 150 Los Angeles, CA 90056 1282 Telephone: 323.299.8998 URL: www.crystalstairs.org Child Safety Seats All children must be secured in a child passenger restraint (safety seat or booster seat) in the rear seat of the vehicle until they are at least 6 years old or weigh at least 60 pounds. A driver cited for transporting an unrestrained child can be fined and given a point on his or her driving record. If you need help adjusting a child safety seat, you can contact the California Highway Patrol (CHP) for assistance. The CHP also provides a limited number of replacement child safety seats to those in need. For more information, contact the California Highway Patrol s Los Angeles Communications Center at 323.259.2000. 6 Benefits 40

Conservatorship A Conservatorship is a proceeding where a person or organization is appointed by the Probate Court to protect and manage the personal care, or property and financial affairs, or both, of a person age 18 or older whom the court has been found to be unable to manage his or her own affairs. As Conservator of the Person, you will make decisions regarding the person s health care, meals, clothing, personal care, housekeeping, transportation and recreation. As Conservator of the Estate, you will manage, invest and protect the person s assets. If you are caring for a minor child with disabilities that will last into adulthood, you should consider contacting a legal service provider to assist you with the conservatorship process. You can also review materials online at the California Courts Self-Help Center website (www.courts.ca.gov). Driver s License At age 15, a child may apply for a provisional driver s license or permit. A parent or guardian will be required to sign the application form. When a parent or guardian signs the application form for a minor to get a driver s license, they are stating that they will accept financial responsibility for that minor. In California, drivers and vehicle owners are required to carry automobile insurance with minimum monetary limits. If you have questions, contact the Department of Motor Vehicles at 800.777.0133, or go to www.dmv.ca.gov. Emancipation Emancipation is a court proceeding by which minor children, age 14 through 17, may become freed from the custody and control of their parents or guardian. Emancipation means a child is legally separated from his or her parents or legal guardian and has some of the rights and responsibilities of an adult. Only older youth who do well in school and can support themselves financially will qualify. Emancipation makes important changes in the child s relationship with parents, guardians, and public agencies. For example: A child will lose the right to have financial support basic living expenses and health care paid by parents or guardians; Parents or guardians will no longer be legally or financially responsible for any injuries the child may cause to others. If the child in your care has expressed an interest in becoming emancipated, we recommend you seek the advice of a legal services provider. Employment In California, children who are age 12 or 13 may obtain a work permit that allows them to work on school holidays and vacations. Children who are age 14 or 15 may obtain a work permit to work on school days, but are restricted to certain hours and lengths of employment. Children who are age 14 to 16 may obtain a permit allowing them to work full-time if they need to support themselves or their family, or reside in foster care or with a 41 6 Benefits

guardian, and obtain the written permission of the foster parent, guardian or social worker. Children age 16 or older can obtain full-time work permits without parental permission, while those age 18 and older do not need work permits. Contact the child s school to obtain a copy of the Statement of Intent to Employ Minor and Request for Work Permit (B1-1). If a child is employed in the entertainment industry, work permits are issued through the Department of Industrial Relations, Division of Labor Standards Enforcement. Estate Planning A will is a document that directs how you want your estate to be handled after your death. It may include instructions on how to dispose of your remains, who is to handle your affairs (the Executor), who is to serve as the guardian of any minor children (if no other person is responsible for the children), whom to give your assets and real or personal property to, and other matters. If you are caring for minor children, it is very important to write a will naming a guardian for the children. You can get a free copy of the California Statutory Will from the California State Bar s website: http://calbar.ca.gov/public/ SimpleWill.aspx If you have any questions about drafting a will, you should contact a legal services provider. A Trust is a long-term arrangement where a manager (called a trustee ) invests and manages assets for someone (called a beneficiary ) based on the terms of the person who set up the trust. There are many kinds of trusts, including trusts created by wills (called a testamentary trust ) and trusts created during your lifetime (called a living trust ). Because Trusts can be complicated legal instruments, we recommend that you consult an attorney if you want to create a trust. For more information on whether you should have a will or a trust, the California State Bar publishes a helpful pamphlet which you can read at http://www.calbar.ca.gov/public/ Pamphlets/EstatePlanning.aspx. Housing There are no specific housing programs for relative caregivers operated by the City or County of Los Angeles. However, both the City and County of Los Angeles offer public housing programs for residents. Individuals can apply for residence in certain public housing buildings or use a Section 8 voucher to select a residence. The Section 8 program is severely underfunded and has an extensive waiting list. Both the City and County of Los Angeles have closed their waiting lists. If your name is already on a waiting list, be sure that you keep your contact information current. You can reach the City s Housing Authority at 213.252.2500 and the County s Housing Authority at 323.260.3300. Immunizations Immunizations are an important preventative health measure that protect children against dangerous diseases such as measles, mumps, rubella, polio, hepatitis B and chickenpox. Certain immunizations are 6 Benefits 42

required by California law in order to enroll a child in school. A variety of free or lowcost immunization clinics are available throughout Los Angeles County. A parent or guardian must accompany a child who is to be immunized and should bring a copy of the child s immunization record. If you have questions, ask your child s school or childcare provider for additional details. You can also contact the Los Angeles County Department of Health Services Public Health Immunization Program at 213.351.7800. Income Tax Returns A minor may be required to file federal and state income-tax returns if the child has earnings or unearned income in the form of interest in excess of certain limits. However, a parent or guardian may elect to claim the child as a dependent on federal or state incometax returns. If the minor child s tax is not paid, a parent or guardian may be liable for that tax. All relative caregivers should be aware of the following tax credits, deductions and 43 6 Benefits

exemptions that can be claimed on their federal and state income-tax returns related to caring for a minor child. You may qualify for the credits even though you do not owe any income tax. You should consult a tax professional to discuss your particular circumstances. Itemized Deductions: Medical and Dental Expenses Tax Credits: Child & Dependent Care Expenses, Child Tax Credit, Adoption Credit/Exclusion Payments: Earned Income Credit For more information, contact one of the following agencies: U.S. Internal Revenue Service Telephone: 800.829.1040 (toll-free) URL: www.irs.gov IRS Taxpayer Advocate Telephone: 877.777.4778 (toll-free) California Franchise Tax Board Telephone: 800.338.0505 (toll-free) URL: www.ftb.ca.gov Franchise Tax Board Taxpayer Advocate Telephone: 800.883.5910 (toll-free) Laws Pertaining to Children The California State Bar publishes a free guide titled Kids & the Law: An A-To-Z Guide for Parents which details how many laws apply to children under age 18. Some of the many topics covered are: curfews, emancipation, drugs and alcohol, dress codes, children s privacy, truancy, and driving. To view a copy, go to http://www. calbar.ca.gov/public/pamphlets/kidsthelaw. aspx. You can also order a free copy by sending an e-mail to kids@calbar.ca.gov or writing to: The State Bar of California, Attn: Kids & the Law, 180 Howard Street, San Francisco, CA 94105-1639. Be sure to include your name, complete mailing address, choice of English or Spanish, and a daytime phone number. Social Security Documents The Social Security Administration (SSA) issues Social Security numbers. Social Security Administration Telephone: 800.772.1213 (toll-free) URL: www.ssa.gov Special Education Do you think your child might have a disability that affects his or her educational performance at school? If so, your child may qualify for special education services. Under the Individuals with Disabilities Education Act (IDEA), a school is required by law to provide special education and related services to eligible children with disabilities, as young as three years old to as old as 21 years old. Disabilities include hearing or visual impairment, emotional problems, learning impairment and physical impairment. Special education instruction and related services are provided at no cost to the caregiver because state and federal law require that children with disabilities receive a free, appropriate public education. Some examples of these services include speech and language therapy, counseling services, transportation services to a specific school and specialized textbooks. 6 Benefits 44

Although your child s school has a legal responsibility to identify students who are eligible for special education services, school personnel may not discover on their own that your child needs help. It is, therefore, critical that you submit a written request for an assessment to determine if your child s problems in school are related to a disability that qualifies him or her for special education services. An example of a letter requesting a referral for assessment is included in the Appendix. Mary is 11 years old and a fifth grader. She has always loved reading but is not doing very well in her classes this year. Her aunt, Louise, is her legal guardian and has had several meetings with her teachers regarding Mary s school work. Louise is not getting much help from Mary s teachers and is not sure how to help her niece. Once the Referral for Assessment letter is submitted by the child s caregiver, the school has 15 days to create a Proposed Assessment Plan. This plan will be submitted to the caregiver who then has 15 days to decide whether to sign and thereby agree to the proposed assessment plan. Once the assessment is conducted, the school has 50 days to develop an Individual Education Plan (IEP) for the child designed to meet the unique educational needs of the student. The caregiver is required to participate in the process and has the ability to appeal decisions regarding the IEP. Consult your local school to obtain the evaluation request forms regarding the IEP process, or a legal service provider listed in the Appendix. A time line of the Assessment and IEP process may be found in the Appendix. 45 6 Benefits

Appendix

GLOSSARY Adoption: a legal process where birth parents rights are terminated and parental rights are given to another individual Department of Children and Family Services (DCFS): the Los Angeles County department charged with oversight of children who have been removed from their families for abuse or neglect Dependency Court: a division of the Juvenile Court overseeing child protective service proceedings Expungement: a legal process to remove material on a legal record Foster Care: the process where children in the custody of the juvenile court are placed with relative caregivers or foster parents Juvenile Court: a division of the Superior Court overseeing juvenile dependency and delinquency proceedings Kinship Caregiver: a relative caring for a child under the age of 18 Legal Custody: to be legally responsible for a child s care and have the right to make decisions regarding the child s life Legal Guardian: an individual who is appointed a custodian for a minor child Minor Child: a child under the age of 18 Parental Rights: to be legally responsible for a child s care and have the right to make decisions regarding the child s life Physical Custody: to have primary responsibility for the day to day care of a minor child Probate Court: a division of the Superior Court overseeing legal guardianship and conservatorship proceedings Probation Department: the Los Angeles County department that supervises juvenile offenders on court-ordered probation Relative Caregiver: any person related to a minor child by blood, marriage, or adoption, who has assumed primary responsibility for the care of a minor child, typically a grandparent, aunt, uncle, or sibling Termination of Parental Rights: a legal process where parents rights and responsibilities are completely ended by court order Glossary 48

Kinship care Directory Education Los Angeles Unified School District Administrative Offices 450 North Grand Avenue Los Angeles, CA 90012 Telephone: 213.241.1000 URL: www.lausd.k12.ca.us The LAUSD website offers directories to reach schools, local districts A-K, California State Department of Education and the Los Angeles County Office of Education and includes a section on special education. Office of Education of Los Angeles County 9300 Imperial Highway Downey, CA 90242 Telephone: 562.922.6111 Fax: 562.922.6768 URL: www.lacoe.edu The Los Angeles County Office of Education (LACOE) provides classroom instruction for specialized student populations, including students with disabilities and juvenile offenders, and provides services to K-12 school districts in Los Angeles County. The LACOE website links to the websites of all school districts in Los Angeles County. Children s Services Edmund D. Edelman Children s Court 201 Centre Plaza Drive Monterey Park, CA 91754 The Children s Court hears proceedings concerning children in foster care and adoption proceedings. L.A. County Youth Ombudsman Onitsha (Newsom) Thompson Los Angeles County DCFS 532 East Colorado Boulevard 8th Floor Pasadena, CA 91101 Telephone: 626.229.3583 Fax: 626.397.9166 E-mail: newsoo@dcfs.la.county.gov The Los Angeles County, Youth Development Services (YDS) Ombudsman s office was developed to assist with responding to the complaints by and/or concerns of foster and probation foster youth regarding ILP service delivery and the availability of services. Complaints and/or concerns are investigated to help ensure that youth receive the services for which they are eligible. Kinship Care Services Kinship Resource Center-North 5035 West Slauson Avenue, Suite G Los Angeles, CA 90056 Kinship Resource Center-South 9834 Norwalk Boulevard Santa Fe Springs, CA 90670 URL: http://dcfs.co.la.ca.us/kinshippublic/ default.html Kinship Care Services mission is to provide information, resources, services and support to relative caregivers and their children to enhance 49 Kinship Care Directory

the family unit promoting permanency, safety and reduced reliance on detentions. Court Appointed Special Advocate (CASA) Program Child Advocates Office of Los Angeles Edmund D. Edelman Children s Court 201 Centre Plaza Drive Monterey Park, CA 91754 Telephone: 323.526.6666 Fax: 323.264.5020 CASA volunteer advocates are appointed by court order and advocate for children in dependency court proceedings. In Los Angeles County, CASAs report to the Edelman Children s Court in Monterey Park and the Superior Court in Lancaster (Antelope Valley). Department of Children and Family Services of Los Angeles County (DCFS) 425 Shatto Place Los Angeles, CA 90020 Telephone: 213.351.5602 URL: http://dcfs.co.la.ca.us DCFS is the child protective services organization for Los Angeles County. Probation Department of Los Angeles County Juvenile Services 9150 East Imperial Highway Downey, CA 90242 Telephone: 866.931.2222 URL: http://probation.lacounty.gov/about/jssb.asp The Juvenile Services Bureau provides investigation and supervision services for juvenile offenders on court-ordered probation or in specialized programs. Legal Services Los Angeles Dependency Lawyers, Inc. 1000 Corporate Center Drive Suite 308 Monterey Park, CA 91754 Telephone: 323.262.0472 Fax: 323.262.1420 URL: www.ladlinc.org Los Angeles Dependency Lawyers (LADL) is a non-profit organization made up of its executive office and its four law firms. The law firms are appointed to represent parents in juvenile dependency proceedings in Los Angeles County. Children s Law Center of Los Angeles 201 Centre Plaza Drive Suite 10 Monterey Park, CA 91754-2178 Telephone: 323.980.1700 URL: www.clcla.org CLC attorneys appear on behalf of children in day-to-day dependency proceedings and provide representation in a host of related hearings that seek to ensure the well being and future success of each child. Kinship Care Directory 50

Bet Tzedek Legal Services Kinship Care Project 3435 Wilshire Boulevard Suite 470 Los Angeles, CA 90010 Telephone: 323.648.4704 URL: www.bettzedek.org Bet Tzedek Legal Services is a non-profit, public interest law firm which provides free legal services to low-income residents of Los Angeles County. The Alliance for Children s Rights 3333 Wilshire Boulevard Suite 550 Los Angeles, CA 90010 Telephone: 213.368.6010 URL: www.kids-alliance.org The Alliance s primary objective is to provide stability to foster children and those at risk of entering foster care by helping them obtain healthcare, educational services and financial support so that more of them reach permanency through adoption, legal guardianship or by returning safely to their biological families. Public Counsel Law Center Children s Rights Project 601 South Ardmore Avenue Los Angeles, CA 90005 Telephone: 213.385.2977 URL: www.publiccounsel.org Public Counsel is a non-profit, public interest law firm which provides free legal services to low-income residents of Los Angeles County and operates a guardianship self-help clinic at the Stanley Mosk Courthouse, 111 North Hill Street, Room 230, Los Angeles, CA. Support Services Commission for Children and Families of Los Angeles County 500 West Temple Street Room B-22 Los Angeles, CA 90012 Telephone: 213.974.1558 URL: http://www.lachildrenscommission.org/ The Commission works with various county departments to enhance services to families in Los Angeles County. Commission for Children, Youth and Families of the City of Los Angeles 200 North Spring Street Suite 2200 Los Angeles, CA 90012 Telephone: 213.978.1840 URL: http://www.ccyf.org/ The Commission works with various city departments to expand services to the city s children, youth and families. Kinship Care Coordinating Council Los Angeles City Department of Aging 2404 Wilshire Boulevard, Suite 400 Los Angeles, CA 90057 Telephone: 213.368.4030 51 Kinship Care Directory

The following organizations provide a variety of services to kinship caregivers, including referral services, support groups and resource information: Community Coalition 8101 South Vermont Avenue Los Angeles, CA 90044 Telephone: 323.750.9087 Fax: 323.750.9640 Grandparents as Parents Executive Offices: 22048 Sherman Way, Suite 217 Canoga Park, CA 91303 Telephone: 818.264.0880 Fax: 818.264.0882 The Council is comprised of a variety of private agencies and city departments who work together to enhance services to kinship caregivers throughout Los Angeles. Long Beach/Lakewood Office P.O. Box 964 Lakewood, CA 90714 URL: www.grandparentsasparents.org Older Adult Parenting Program Felicia Mahood Multipurpose Senior Center 11338 Santa Monica Boulevard Los Angeles, CA 90025 Telephone: 310.231.9228 Relative Caregivers Assistance Program Beulah Baptist Church 1454 East 100th Street Los Angeles, CA 90002 Telephone: 323.563.3794 Kinship Care Directory 52

Caregiver Custody Options Comparison Informal Custody Probate Legal Guardianship Relative Foster Caregiver Dependency Court Legal Guardianship Kin-Gap Legal Guardianship Adoption Can the child s parents take him/her from me? Parents have full rights, including the right to remove child at any time Parents rights are suspended and transferred to legal guardian; court must terminate guardianship before parent may remove child. Parents rights are limited based upon Dependency Court s orders. Parent may not remove child from caregiver without court or social worker authorization. Parents rights are suspended and transferred to legal guardian; court must terminate guardianship before parent may remove child. Parents rights are suspended and transferred to legal guardian; court must terminate guardianship before parent may remove child. Biological parents rights are permanently terminated; adoptive parents are considered the child s parents under the law. Can I add the child to my insurance? Child likely ineligible for caregiver s employerbased insurance Child eligible for caregiver s employerbased insurance Child likely ineligible for caregiver s employerbased insurance Child eligible for caregiver s employerbased insurance Child eligible for caregiver s employerbased insurance Child eligible for adoptive parent s employerbased insurance Can I give consent on forms and applications? Caregiver cannot give consent where parent or legal guardian consent is required. Caregiver can give consent where parent or legal guardian consent is required. Caregiver cannot give consent where parent or legal guardian consent is required without authorization from court or social worker. Caregiver can give consent where parent or legal guardian consent is required. Caregiver can give consent where parent or legal guardian consent is required. Adoptive parent can give consent where parent or legal guardian consent is required. Can I authorize medical treatment? Yes, with a completed Caregiver Affidavit, you can consent to limited medical treatment for the child. Yes. Yes, with authorization from the court or social worker. Yes. Yes. Yes. 53 Caregiver Custody Options Comparison

Caregiver Custody Options Comparison (continued) Informal Custody Probate Legal Guardianship Relative Foster Caregiver Dependency Court Legal Guardianship Kin-Gap Legal Guardianship Adoption Can I enroll the child in school? Yes. Some schools may require a completed Caregiver Affidavit. Yes. Yes. Yes. Yes. Yes. Can I ask for an IEP or consent to special education services? No. Yes. Yes, if you have been granted educational rights by the court. Yes. Yes. Yes. Will there be a social worker assigned to the child? No. No. Yes, a social worker will be assigned and make routine visits to your home. Yes, a social worker will continue to make visits to your home. No, once your case is closed with Kin-Gap, the child s social worker will cease visiting your home. No, once your adoption is finalized, the social worker will cease visiting your home. When or how does the caregiving end? Parents can terminate it by removing the child at any time. Guardianship ends when terminated by the court, child turns 18, marries, joins the armed forces, or is emancipated. Placement ends when approval is terminated, child turns 18, marries, joins the armed forces, or is emancipated. Guardianship ends when terminated by the court, child turns 18, marries, joins the armed forces, or is emancipated. Guardianship ends when terminated by the court, child turns 18, marries, joins the armed forces, or is emancipated. Adoption is permanent. You are legally deemed to be the parent of the child. Caregiver Custody Options Comparison 54

Sample Forms

Caregiver s Authorization Affidavit Completing items 1 4 and signing the affidavit are sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5 8 is additionally required to authorize any other medical care. Print clearly. See next page for complete directions and explanations of terms. The minor named below lives in my home and I am 18 of age or older. 1. Name of minor: 2. Minor s birth date: 3. My name (adult giving authorization): 4. My home address: 5. My date of birth: 6. My California driver s license or identification card number: 7. n I am a grandparent, aunt, uncle, or other qualified relative of the minor (see back of this form for a definition of qualified relative ). 8. Check one or both (for example, if one parent was advised and the other cannot be located): n I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care and have received no objection. n I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time to notify them of my intended authorization. Warning: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Signed: Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. 57

Notes on completing the Caregiver s Authorization Affidavit The declaration on the previous page does not affect the rights of the minor s parents or legal guardian regarding the care, custody, and control of the minor and does not mean that the caregiver has legal custody of the minor. A person who relies on this affidavit has no obligation to make any further inquiry or investigation. This affidavit is not valid for more than one year after the date on which it is executed. Additional Information: To Caregivers: Qualified relative, for purposes of item 7, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix grand or great, or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. The law may require you, if you are not a relative or currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. If you do not have the information requested in item 6 (California driver s license or I.D.), provide another form of identification such as your social security number, Medi-Cal number, or consular identification card. To School Officials: Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver. The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4. To Health Care Providers and Health Care Service Plans: No person who acts in good faith reliance upon a caregiver s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for such reliance if the applicable portions of the form are completed. This affidavit does not confer dependency for health care coverage purposes. 58

Individual Education Plan (IEP) Timeline Identification Child seems to have educational difficulties. Referral for Assesssment Written by parent, teacher or other service provider to school officials. Proposed Assesssment Plan Returned by school officials within 15 daysof the written referral. Parental Consent Parent has 15 days to consent in writing No Parental Consent The assessment shall not be conducted. Assessment Conducted IEP Team Meeting To develop an effective IEP for the child IEP Established Within 50 days of the written request for assessment. Written Parental Consent For all or some of the IEP components. IEP Implemented For all components consented to. The parent has a right not to consent to the IEP. He or she should work with the team to develop a feasible and effective program for the child. Due process hearing/mediation. The parent may initiate a due process hearing if he or she disagrees with the school's suggested program, mediation can be requested at any point during this process. IEP Review Annually or upon request at any time. See page 44 for guidance on when to request special education services from a school district. 59

Referral for Assessment Letter Date: School (or school district if child not enrolled in school): Dear School Official: I am the parent of, born on, who I believe has learning problems requiring special education assistance. My child has/has not previously received special education services. I am writing to make a referral for assessment for special education services for my child under both federal and state law. I understand that it is unlawful for the district to discriminate against my child because of his or her disability. I understand that I should receive an assessment plan within 15 days as required by state law. After I receive the assessment plan and I agree to it in writing, I understand that an individualized education program (IEP) meeting will be held within 50 days (excepting school vacations). In the event that my child does not qualify for special education services under the Individuals With Disabilities Education Act (IDEA), but is identified as eligible under section 504 of the Rehabilitation Act of 1973, appropriate accommodations in his or her educational program should be made. If you have any questions, please feel free to contact me. Thank you for your cooperation with this process. Sincerely, Parent(s) or Legal Guardian(s) Signature(s) Parent(s) or Legal Guardian(s) Name(s) (print): Parent(s) or Legal Guardian(s) Address Parent(s) or Legal Guardian(s) Phone: Home Work Use this letter to request special education services as described on page 44. 60

Order Form Use this form to order copies of this or any of Bet Tzedek s consumer guides. Quantity Price Total Caring for a Relative s Child x $3 = A guide to benefits, services and resources for people raising children of relatives. How to Get Care from a Residential Care Facility x $3 = A guide that discusses the options available to individuals who are physically or mentally unable to live in their own homes and need assistance or supervision with everyday tasks but do not need daily nursing or medical care. Nursing Home Companion x $3 = A booklet which clearly and succinctly explains the laws and practices of California s nursing homes and legal protections for residents. If Only I Had Known: Misrepresentations by Nursing x $3 = Homes which Deprive Residents of Legal Protection A study with numerous examples documenting how nursing homes often misrepresent relevant law to nursing home residents and their family members. Total Enclosed $ Name Street City State Zip Phone Email Send this form and a check (payable to Bet Tzedek Legal Services) to: Consumer Guides, Bet Tzedek Legal Services, 145 South Fairfax Avenue, Suite 200, Los Angeles, CA 90036 Reduced rates are available for bulk orders. For details, call Bet Tzedek at (323) 549-5897. 61

Our Mission Bet Tzedek provides free legal assistance to thousands of people who would otherwise be denied access to the legal system underpinning our democracy. Bet Tzedek was founded in 1974 by a few individuals who sought to act upon a central tenet of Jewish law and tradition, which appears in the Bible: Tzedek, tzedek tirdof Justice, justice you shall pursue. This doctrine decrees that it is the duty of all men and women to advocate the just causes of the poor and helpless. Although Bet Tzedek remains intent on ensuring that the legal needs of the Jewish poor are met, we recognize that it is our duty to serve the entire community. For this reason, Bet Tzedek has always provided assistance to all eligible needy residents of Los Angeles County, regardless of their racial, religious or ethnic background. Indeed, at Bet Tzedek, we believe that all of the groups in our wonderfully diverse society are strengthened when bridges are built that bring us together in a common, just cause. For the people who are Bet Tzedek the lawyers and non-lawyers, staff members and volunteers, contributors and clients our mission, therefore, is to pursue equal justice for all. 62

Caring for a Relative s Child A Guide for Kinship Caregivers in Los Angeles County Bet Tzedek gratefully acknowledges the City of Los Angeles Department of Aging for funding this publication. 145 South Fairfax Ave. Suite 200 Los Angeles, CA 90036-2186 www.bettzedek.org Non-Profit Org. U.S. Postage PAID Los Angeles, CA Permit No. 35915