- When can the juvenile court authorize a placement with a relative regardless of the results of the criminal background check?
- At the detention hearing the court may authorize the placement of a child on temporary basis in the home of a relative, regardless of the status of any criminal record exemption or Resource Family Approval (RFA), if the court finds that the placement does not pose a risk to the health and safety of the child. WIC 319(h)(3). This includes cases where the RFA process has not been completed and cases where a criminal exemption has been denied. The County (or the Tribe) still has to initiate the Resource Family Approval (RFA) process (or the process for a Tribally Approved Home (TAH)). All County Letter 22-33, Page Two.
At disposition the court can authorize the social worker to place the child in the home of a relative regardless of the status of any criminal record exemption or resource family approval if the court has found that the placement does not pose a risk to the health and safety of the child. WIC 361.2 (e)(11). - How can the home be funded if the court authorizes the placement, but the RFA or TAH has not been approved?
- Emergency Caregiver (EC) Funding may be available for children who have been placed on an emergency basis if the RFA application has been filed or the family and tribe has initiated the TAH process. This includes cases where children have been placed with a relative because of the juvenile court authorizing the placement prior to the completion of a criminal record exemption process or the approval of a relative as a resource family. WIC 11461.36, All County Letter 22-33, Page Eight.
The Approved Relative Caregiver Funding Program (ARC) is available for children when placement with a relative has been authorized by the juvenile court and the placement is ineligible for both emergency caregiver funding pursuant and AFDC-FC due to the denial of resource family approval. WIC 11461.3(l), All County Letter 22-33, Page Eight. - Does the RFA process have to be completed before the child can be placed in the home of a relative?
- No. There are three ways the placement can be made.
The county placing agency can make an emergency placement with a relative or nonrelative extended family member pending the detention hearing, after detention and pending disposition or when the sudden unavailability of a foster caregiver requires a change in placement. WIC 309(d)(2), WIC 361.45.
The court can authorize temporary emergency placement for 15 judicial days, prior to Resource Family Approval if the court finds that the placement does not pose a risk to the health and safety of the child. WIC 316.4(b)(6). - What needs to happen before a child can be placed with a relative on an emergency basis?
- For placement by the social worker on an emergency basis, the social worker must first conduct an emergency assessment which consists of:
- A home assessment to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs.
- A state-level criminal records check through the California Law Enforcement Telecommunications System (CLETS) of everyone over 18 living in the home, excluding nonminor dependents, and at the discretion of the county welfare department, other adults regularly present in the home and individuals over 14 who are living in the home who the department believes may have a criminal record.
- A Child Abuse Central Index (CACI) check of allegations of prior child abuse or neglect. WIC 361.4.
The court may authorize the placement of a child on temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. WIC 319(h)(3). - Realistically, how quickly can RFA approval happen? (And which particular person: should we place the child in a shelter short term pending the completion of the RFA approval process)?
- A child may need to be placed in a temporary setting for 24 hours while the home is looked at and the CLETs and CAIC are completed. A county will need to make sure they are able to get the CLETs information the same day as the request. Additionally, the county should ensure the social workers are communicating with the relative to ask questions about their current or prior criminal history. The placement with a relative should never be delayed pending the RFA process. The delay should only be based on completing the emergency placement standards of the relative home.
- Can a relative who is undocumented be approved as a Resource Family or a Tribally Approved Home?
- Yes. A child can be placed with a relative who has received Resource Family Approval (RFA) or who has been assessed for emergency placement and is waiting for approval as a Resource Family regardless of the relative’s immigration status. WIC 361.2 (e). Any adult can apply for Resource Family Approval regardless of immigration status, and a County cannot
deny or rescind approval based on immigration status. Resource Family Approval Written Directives, 5-01 & 10-01A(d)(3) (11/1/2022). In addition, the relative placement preference applies regardless of the relative’s immigration status. WIC 361.3(a).
Note: The relative’s immigration status does not affect the child’s eligibility for public benefits, such as Aid to Family with Dependent Children-Foster Care (AFDC-FC), Approved Relative Caregiver (ARC) or Emergency Care (EC) Funding. Even though the relative caregiver may receive the payment, it is for the benefit of the child and it is the child who qualifies for the program. - Can a juvenile justice involved youth be placed with a relative as a foster placement through the juvenile justice system?
- Yes, foster care is one of the options when a child is adjudged a ward of the court. WIC 727. The relative placement preference applies to these youth. WIC 281.5, WIC 706.6(d) and WIC 727.1. In addition the probation officer can make an emergency placement with a relative by following the emergency placement process, and the Court can authorize an emergency placement with a relative regardless of the status of any criminal record exemption or Resource Family Approval (RFA), if the court finds that the placement does not pose a risk to the health and safety of the child. WIC 727.05.
Note that there is a difference between placement with a relative and release to a relative. The former is a foster care placement, the latter is not. - A youth in the juvenile justice system was originally released on Probation to his parent’s home. He would now like to live with his grandmother. Can Probation make this a foster placement even though he was put on probation 4 months ago?
- Yes. If the youth is under the Court’s jurisdiction under WIC 601 or WIC 602, the Court may modify the existing probation order to a placement order under WIC 727(a)(3). Pursuant to WIC 727(a)(4), the Probation Department may then place the minor or nonminor in an appropriate placement, including the home of a relative. Pursuant to WIC 727.05, the Probation Department can also make an emergency placement with the relative by following the emergency placement process.
- We have been looking forward to getting funding through Families First to provide up-stream prevention for children living informally with relatives but have been having difficulties finding ways to leverage that funding. How can Families First help children with relatives who are not a part of the foster care system?
- Family First Prevention Services Act (FFPSA) is a federal law that includes Title IV-E Federal Financial Participation (FFP) in Prevention Services designed to reduce child abuse and neglect and decrease unnecessary entries into foster care. Prevention services can be provided to children who are “candidates” for foster care and their parents or kin caregivers.
Candidates for foster care include children and youth who are at imminent risk of entering foster care but who can remain safely in the home of a kinship caregiver as long as the necessary Title IV-E prevention services to prevent entry into care are provided. See, California’s Title IV-E Prevention Program: Frequently Asked Questions, Question 14 California has listed potential eligibility categories for children in its 5 Year Plan. California Department of Social Services, Family First Prevention Services Act (FFPSA) Five-Year State Prevention Plan – Executive Summary, page 2, see also California’s Five-Year State Prevention Plan: Implementing the Title IV-E Prevention Program Established by the Family First Prevention Services Act (2023), pp. 21-26.
CDSS has selected the following Evidence Based Practices for implementation as allowable Title IV-E prevention services for eligible children and/or their parents or kin caregiver.
- Nurse-Family Partnership
- Healthy Families America
- Parents as Teachers
- Parent Child Interaction Therapy
- Multisystemic Therapy
- Brief Strategic Family Therapy
- Family Check-Up
- Functional Family Therapy
- Homebuilders
- Motivational Interviewing (MI) for Substance Use Treatment
- MI for Cross-Cutting Case Management
(Ex Summary, p. 4; For descriptions, see 5 Year Plan 51-72).
Counties and Title IV-E Tribes have the discretion to determine how they will be using FFPSA through their County Comprehensive Prevention Plans. Some are choosing to narrowly tailor the Evidence Based Programs (EBPs) allowed by FFPSA to target, for example, racial disparities.
Please note: FFPSA does not provide any additional federal funding for caregivers or children directly and only allows for certain specified evidence based practices that are in the Families First Clearinghouse and are in CDSS’ FFPSA state plan as an intervention for families already involved in the child welfare system. However, the State of California has created a block grant program to help implement FFPSA, build capacity for the deployment of EBPs in the FFPSA Clearinghouse and act as bridge funding for intervention services for those young people who meet the candidacy definition. This state block grant provides funding of $222.4 million over three years. Both child welfare and probation receive allocations. State block grant funding is available for primary prevention and/or EBPs that are not yet in the state’s IV-E prevention plan. Upon submission of the Letter of Intent, agencies may use the State Block Grant Funds for direct services retroactive to October 1, 2021 while the county continues to develop its local Community Prevention Plan (CPP). Additional information and requirements for the funding can be found at WIC 16588 and ACIN 73-21.
For options for those families that include increased funding directly to the child and families, Counties may consider Voluntary Placement Agreements for time limited foster care benefits for relative caregivers without requiring a foster care petition. For a more robust prevention service, Counties may want to consider building referrals through the non-specialty care system (especially increasing access to the new dyadic and family therapy benefits) and specialty care system for services such as Intensive Care Coordination, Therapeutic Behavioral Services and Intensive Home Based Services. Additionally, CalAIM provides for family engagement peers and youth peers, both of which could be valuable supports for families involved in the child welfare system at any level. - We have a contract with a legal provider to take referrals for probate court guardianships as a mechanism to divert children who are living with relatives away from the foster care system. Are there any factors we should consider when this might not be the best outcome?
- - Whether the parents might benefit from family maintenance or family reunification services from the County. This should be the family’s informed decision, and the Agency should collaborate with the family to help choose the right option based on the specific circumstance of the parent and child.
- Whether the family is choosing a probate court guardianship voluntarily, with a full understanding of the options and without pressure or coercion from the child welfare agency or elsewhere.
- Financial implications, for example AFDC-FC, ARC and Kin-GAP payment levels, which are available for children whose placement and care is, or has been, the responsibility of the County, are higher than payments through CalWORKs. For children who have special needs or are clients of a Regional Center, the difference is even greater because of the specialized care increment or dual agency rate that is available for children who are or have been in foster care.
Note: Although children living with nonrelative legal guardians who have been appointed by the Probate Court may be eligible for AFDC-FC, children living with relatives who have been appointed guardians by the Probate Court are not. The WIC 11401 Children living with relative guardians appointed by the Juvenile Court (e.g., through the child welfare or juvenile justice systems) may be eligible for Kin-GAP if eligibility criteria are met. WIC 11363(a), WIC 11386(a).
- Educational needs, for example, children in foster care have a right to remain at their school of origin, if it is in their best interest, and to finish out the school year without changing schools in some circumstances. They have a right to
immediate enrollment if they have to change schools, to get partial credit for work done if a transfer is necessary and to accommodation in meeting state graduation requirements. Funding is available for transportation to take the child to
school. See, Alliance for Children’s Rights, Foster Youth Education Toolkit. Additional financial aid and assistance is available for foster youth and former foster youth at the college level. See John Burton Advocates for Youth, Financial Aid Guide for California Foster Youth (a) (January 2018).
- Other services available in foster care, for example foster care nurses can help to navigate Medi-Cal issues and assist the caregiver in getting health care services the child needs. Because the Health Care Program for Children in Foster Care (HCPCFC) is statewide, these nurses can work with their colleagues in other counties to resolve coverage and health plan issues when the child moves from one county to another.
- Future assistance, for example children who emancipate from foster care may be eligible for ongoing financial support and transitional housing as Non-Minor Dependents (NMDs), and youth who emancipate from foster care are automatically eligible for Medi-Cal, regardless of income or resources, up to age 26.
- Whether the relative caregiver will need help in managing issues like the child’s visits with the parents.
- The differences in all types of support provided for kinship Caregivers based on whether the child is the responsibility of the County.
- Whether a Voluntary Placement Agreement (VPA) would be a better alternative for meeting the needs of the child, the family and relative caregiver. See, Alliance for Children’s Rights, Self-Advocacy Guide: Voluntary Placement Agreements. In addition to providing short-term funding support up to 180 days, a VPA can also be a direct pathway to a KinGAP subsidized guardianship, allowing a child placed with a relative caregiver through a VPA for at least six months to move directly into a legal guardianship with KinGAP funding pursuant to WIC 360(a)(5).
Attorneys should provide advice based on a thorough understanding of the needs and desires of the child and the relative caregiver and the options available in each case. The Alliance for Children’s Rights has several resources that may be helpful:
- Understanding the Options for Out of Home Care in California: A Fact Sheet for Kinship Caregivers.
- Understanding the Options for Out of Home Care: Frequently Asked Questions.
- Understanding the Options for Out of Home Care (Webinar).
- Navigating Probate and Dependency Courts Under AB 260 (Webinar Slides).
- The Human Impact of Bypassing Foster Care for At-Risk Children — 2023 Update: Building a Continuum of Support for Families Diverted.
- See also Court Forms: JV-350-INFO Information on Juvenile Court Guardianship, GC-205-INFO Information on Probate Guardianship of the Person, and GC-207-INFO Comparisons of Guardians with Other Nonparent Caregivers. - When we are working with the family to keep the child in the home safely, can we begin the Resource Family Approval process for a relative so that someone will be available if we need to remove the child? If so, how long is it good for? Do we have to redo it if we remove the child six months later? A year?
- Yes. The prospective caregiver can apply and be fully approved prior to detention. In addition, the social worker can help the proposed relative caregiver get ready by providing the RFA application, explaining the process to the proposed relative caregiver and helping the relative make any adjustments or changes that may be needed to ensure approval. The caregivers approval would be good until the caregiver surrenders or gives up their approval or until the county rescinds the approval. There is not an end date on approvals.
- How do you work with more than one family at a time? Do you do multiple RFA approvals?
- When a child is detained, the social worker must assess any relative who requests emergency placement. WIC 309 (d). If more than one relative request preferential consideration, each relative must be considered, but this does not limit the county social worker’s ability to place a child in the home of a relative or a non-relative extended family member pending the consideration of other relatives who have requested preferential consideration. WIC 361.3 (b).
Counties with a high rate of first placements with kin report having policies and practices that emphasize working with multiple relatives simultaneously and as early in a case as possible – including when a child first comes to their attention pre-detention and may be at risk of removal. The social worker can help kin work together to build a support network that will surround the child and the parents to address their needs, including but not limited to, homes that will be available if the child cannot live with the parents. This includes identifying specific ways individuals would like to help, such as:
- Providing a home for a child, either as a formal placement or temporary placement. This may include beginning the RFA process with these relatives as early as possible – including before detention. If multiple family members would like
placement of the child, it is recommended to have a meeting or CFT to determine which relative may be the best placement option. It’s also important to discuss how other family members can be involved and support the child or identified relative with placement.
- Visiting or phoning the child to check in on a regular basis
- Participating on the Child and Family Team.
- Providing support in particular roles, such as hosting regular dinners, tutoring or helping with schoolwork, regularly attending sports games in which the child is involved or participating in the child’s interests, such as playing chess.
Some jurisdictions report using the CFT process to help families map out responsibilities, including specific roles for kin and for the Child Welfare or Children’s Behavioral Healthcare agency to help remove barriers, coordinate access to services, provide additional information and so on. - What are best practices if a child comes into custody in the middle of the night – especially if we do not have access to a shelter?
- When children come into custody when there is less available staffing (e.g., late at night, weekend), it can be difficult to follow normal kinship engagement and finding protocols. At minimum, best practices include ensuring that emergency response and/or on-call staff are trained in family engagement and family finding and are supported with prompts and checklists that include collaboratively engaging families and asking questions about family supports from the very beginning of engagement.
Best practices as reported by jurisdictions:
- Working with kin pre-detention, including strengthening informal supports in case a formal petition can be avoided altogether and preparing for possible emergency placement with multiple kin (i.e., as primary with backup options). As one county reported: if staff have not begun finding, communicating and building relationships with kin before you get that call that a child need to be removed in the middle of the night, then it’s a teachable moment for the next case. That
involvement with kin needs to happen before the crisis calls happen whenever possible and why it needs to be a priority every time a call comes into the hotline.
- Having protocols and training in place for emergency response staff so they have access to any kinship support work that has been occurring pre-petition and are asking appropriate questions about available kin supports. This may include involving emergency response staff in family engagement efforts from the onset so that they have made contact with kin supports before the emergency custody situation arises.
- Using a continuous quality improvement process to review cases where kin-first placements did not occur to help identify barriers and provide better support, especially for all after hour work force, including Emergency Response staff.
- Working collaboratively with their County Mental Health Department to build out an array of crisis stabilization and community based supports that can be available 24 hours / seven days a week to help provide support to families and children throughout any disruption to a child’s living situation. - What are best practices on how to change culture? How to overcome bias against kin?
- There is no one way that will work in every jurisdiction, but some best practices that have made an impact:
- Trainings that include every level of the Agency from leadership to case carrying staff. Some counties have held retreats or intensive trainings with all staff together at once focused specifically on kin-first and working with relatives. Technical assistance providers may be available through the UC Davis Center of Excellence or through other
kinship care consultants.
- Administration and Management have to be visibly a part of the culture change. This can be accomplished through messaging (see below) as procedural checks and balances such as automatic supervisory review when a child is not placed with a relative within a certain period of time. This allows the supervisor to model good practice and to help staff remove barriers or gaps in knowledge that might be contributing to children not being placed with relatives.
- Consistent messaging throughout the Agency. This may include highlighting relative placement numbers and other kin outcome measures during quality reviews or annual office or individual performance reviews, focusing on relative-specific outreach events, creating external kinship support centers and highlighting relative placements during staffing reviews. Some counties have even renamed their units to better describe their intention in working with relatives and kin (e.g., emergency response unit to community crisis response, placement unit to family engagement team, etc.).
- Effective supervision that focuses on modeling kin-first placements and helps support staff on removing barriers to kin placements (e.g., identifying funding resources, creating expedient processes for exemption processes and creating
automatic triggers for supervisory review with kin placements do not occur).
- Show success and talk about it. One of the best ways to create a kinship first culture is to show the successes of kin-first placements. According to the data, kin-first placements lead to better outcomes in almost every foster care indicator (fewer placements, fewer placement disruptions, higher rate of reunifications, etc.). Sharing these successes as they happen will do more to create a kinship first culture. Some counties accomplish this through family engagement and
kin newsletters, circulating localized data as it becomes available and uplifting successes as staff meetings.
- Embedding kin-first policies with teaming practices (including Safety Organized Practices and the Integrated Core Practice Model, which utilizes the principles from the National Wraparound Institute) and which includes sharing power and true collaboration with kin and, when appropriate, youth at CFTs and throughout the process.
- Purposeful communication with outside partners: community groups, judges, judicial officers and attorneys. Some counties have found success with culture shift within their agency but then realized the importance of involving other members of the child welfare community, including county counsel, judges, attorneys and so on.
There are multiple resources, such as Creating a kin-first Culture created by Generations United, Child Focus and the ABA Center on Children and the Law and the UC Davis Center for Excellence in Family Finding, Engagement and Support.
