- Note: safety plans are used when the Department determines that a child can remain at home. See ACL 17-107 at page 4. “A safety plan differs from a case plan in that a safety plan permits a child to remain in the home.” If a child is being moved to another home – including informal care with a relative – a safety plan is not the appropriate tool. If there are safety concerns, a Voluntary Placement Agreement or formal petition may be used.
- “If the court appoints an approved relative caregiver as the child’s legal guardian, the child has been in the care of that approved relative for a period of six consecutive months under a voluntary placement agreement … the child shall be eligible for aid under the Kin-GAP Program” WIC 360(a)(5).
- This list is not all inclusive. See, ACL 17-65, page 2.
- For an example of a kinship placement exemption, see the appendix.
- For more information, see ACL 23-12 and CFL 22/23-52.
- See CA Education Code 48853.5 generally.
- Current AFDC-FC basic rate as of 2023 is $1206 for one youth. See ACL 23-65.
- 42 US, 670-679.
- 42 USC 671(a)(19). The Indian Child Welfare Act also includes a preference for placement with an extended family member for an Indian child unless the Tribe establishes a different order of preference. 25 USC 1915(b)(i) & (c).
- 42 USC 671(a)(20).
- 42 USC 671(a)(29).
- 42 USC 671(a)(10).
- See, ACL 18-42, Page 2.
- See, for example WIC 16001.9(33) – (39).
- WIC 309(e).
- “Sibling” means a person related to the identified child by blood, adoption or affinity through a common legal or biological parent. See WIC 309(e).
- WIC 319(h)(3).
- WIC 309(e).
- The notification must include the following information (1) the child has been removed from the custody of their parent or parents, guardian or guardians or Indian custodian (2) an explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond (3) providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, (4) how to become a resource family and additional services and support that are available in out-of-home placements, (5) if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure (6) about the Kin-GAP Program, the CalWORKs program for approved relative caregivers, adoption and adoption assistance (7) other options for contact with the child, including, but not limited to, visitation. WIC 309(e)(1).
- WIC 309(e)(2).
- Family Code 7950(a), WIC 309(e)(3).
- WIC 309(e).
- ACL 17-65.
- WIC 358(b)(2)&(3).
- Family Code 7950(a).
- WIC 366.
- This list is not exhaustive. See, e.g., ACL 17-65, page 2.
- WIC 16001.9(5), 25 USC 1915(b)(i).
- Family Code 7950(a)(1). This includes taking into consideration proximity of the child’s parents to the placement so as to facilitate visitation and family reunification.
- “Preferential consideration” means that the relative seeking placement shall be the first placement to be considered and investigated. See WIC 361.3(c)(1).
- WIC 319 (f).
- WIC 361.3.
- WIC 361.3(d) The preferential consideration applies to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements.
- WIC 309(a), WIC 361.3(a).
- WIC 16518.5.
- WIC 361.3(a)(8)(B) The Legislature has declared that a physical disability, such as blindness or deafness, is no bar to the raising of children and a county social worker’s determination as to the ability of a disabled relative to exercise care and control should center upon whether the relative’s disability prevents him or her from exercising care and control.
- ACL 22-33, Page 4.
- ACL 22-33, Pages 8-9.
- WIC 361.3(a)(7)(H)(ii).
- WIC 361.3(a)(7)(H)(ii).
- WIC 309 (c)-(d).
- WIC 309(d), 361.45.
- Other than professionals providing professional services to the child.
- Except a child under the jurisdiction of the Juvenile Court.
- WIC 361.4(a)(3) CACI listing does not necessarily preclude placement with a relative or nonrelative extended family member. MPP 31-410.616, see also, Resource Family Approval Written Directives 11/1/2022 6.03A(b)(2) (Review CACI to determine whether the individual poses risk or threat to the health and safety, protection or well-being of a child, nonminor dependent or other individual.).
- WIC 309(d).
- WIC 319 (h)(3) The social worker must initiate the emergency assessment of any relative to be considered for continuing placement.
- The social worker must still initiate the approval process for RFA or for a Tribally Approved Home (TAH) if it has not been started. ACL 22-33, Page 2.
- ACL 22-33, Page 2.
- H&S 1522(g)(2)(B), ACL 22-33, Page 5.
- H&S 1522(g)(2)(A)(iv), ACL 22-33, Page 6. A relative applicant, or other adult residing in the relative applicant’s home, who meets the criteria can submit an exemption request through the standard exemption process for evaluation.
- This additional discretion is not available for a nonrelative extended family member.
- H&S 1522(g)(2)(B), ACL 22-33, Page 5.
- An individual who has been excluded may petition the Department for reinstatement after one year The individual must petition the Department and be reinstated prior to the review of the criminal record exemption request under the new exemption criteria.
- Because the federal and state list of non-exemptible crimes is different, Title IV-E Federal Financial Participation may not be available for some placements even though the placement is permitted under state law. See, 42 USC 671(a) (20)(A)(i) & (ii) and RFA Background Assessment Guide (BAG).
- WIC 11461.36.
- AFDC-FC requires that the child be placed in a licensed or approved home. WIC 11402.
- WIC 11461.3.
- WIC 11464.
- WIC 11402 & 11402.1.
- WIC 309(d)(3).
- See ACL 23-02 & CFL 22/23-51 & ATLL 23-04.
- See,e.g., WIC 628, 706.5, 706.6, 727.05. State law also provides interchangeable authority for probation officers and social workers as applicable throughout the Welfare and Institutions Code.. WIC 215. Title IV-E Federal Financial Participation is available for foster care provided to youth adjudicated delinquent when federal criteria are met. See Administration for Children and Families, Children’s Bureau, Child Welfare Policy Manual 8.3A.1.
- WIC 62(d)(2)(B), 706..5(b), ACL 22-33, p. 3 See also In re A.M. (2020), Cal.App.5th 824, where the Court found that the Juvenile Court had erred in placing a child based upon a probation department recommendation that failed to consider the input of the CFT and failed to conduct family finding.
- See 25 U.S.C. 1901 – 1963, WIC 224-224.6 Note: An ACL detailing requirements for reasonable efforts and making connections to culturally relevant services for Indian children is forthcoming. The ACL 22-33, page 2.
- See ACL 22-33, pages 3-4.
- In re S. S. (2023), 90 Cal.App.5th 694 (In short, the 2018 amendment’s basic mandate of communicating with extended family members does not require some novel and expensive departure for the Department. The amendment instead merely adds an item to the Department’s preexisting duty of investigating extended family members.)
- ACL 23-12 Excellence in Family Finding, Engagement and Support Program and the Center for Excellence in Family Finding, Engagement and Support, Page One.
- ACL 18-42 Family Finding and Engagement (FFE), Pages One – Two.
- These interviews and research were conducted in the fall of 2023. Everything in this appendix is intended to be descriptive and nothing is intended to promote or endorse any of the technologies listed in this resource in any way.
