Foster Care Eligibility Toolkit
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Diversity, Equity, and Inclusion
Within the field of social work, cultural competence refers to the ability to practice social work “in a manner that recognizes, affirms, and values the worth of individuals, families, communities, and protects and preserves the dignity of each” (National Association of Social Workers, 2015, p. 13).
Cultural awareness refers to being mindful or conscious of similarities and differences between people from different groups. It includes being aware of issues related to power, privilege, and oppression. To
employ cultural awareness in practice, social service agency staff need to be aware of their own cultural characteristics (values, worldviews, language, belief systems, traditions, norms), as well as those of the people they are serving. Without self-awareness, social service agency staff risk imposing their values, beliefs, and judgments on clients (Maschi & Leibowitz, 2018). They also risk inadvertently constructing barriers to trust that are necessary to fully engage children, youth, and families.
Implicit bias, also known as implicit prejudice or implicit attitude, is an unconscious, negative attitude against a specific social group. It is thought to be shaped by experience and based on learned associations between particular qualities and social categories, including race and/or gender. Individuals’ perceptions and behaviors can be influenced by the implicit biases they hold, even if they are unaware, they hold such biases (Implicit Bias, N.D.).
Explicit bias is the traditional conceptualization of bias. It refers more to the conscious level bias – when we are aware of our prejudices, attitudes, and beliefs towards certain groups of people (Understanding Bias: A Resource Guide, N.D.).
We all have innate implicit and explicit biases – therefore, it is imperative that everyone becomes aware of what their individual biases are. If we are not aware, our biases can seep into our professional roles, and discolor the way in which we view people and negatively influence the way in which decisions are made on behalf of a family or child. Staff that comprise the systems of care have a moral and ethical obligation to ensure that decision making in their cases is fair, equitable and inclusive. Becoming aware of our biases will help ensure this occurs. Specifically, foster care eligibility staff hold a great deal of responsibility in their roles when it comes to making decisions on who receives aid and who does not, thus, making it imperative that eligibility staff too, become aware of individual biases.
Introduction to Foster Care Eligibility Training Series
There are a total of three learning segments in the Foster Care Eligibility training series.
- Segment 1: Foster Care Eligibility
- Segment 2: Kin-GAP
- Segment 3: Juvenile Court
The purpose of this training series is designed to support county eligibility staff in determining, documenting, and authorizing eligibility for foster care under Title IV-E of the Social Security Act. In California, foster care eligibility determinations are conducted by County Welfare eligibility staff.
Segment One participant guide accompanies a self-paced e-learning. Participants can read the participant guide before completing the e-learning or complete it simultaneously. Both are intended to
enhance the knowledge and understanding of the Aid to Families with Dependent Children-Foster Care (AFDC-FC) Program, including Title IV-E foster care eligibility for County Welfare Departments (CWDs), County Probation Departments and Title IV-E Tribes.
The Foster Care Eligibility course is designed to provide a foundational knowledge from which to build upon and to help understand how other child welfare programs are interconnected, thus, it is recommended that the participant complete the segments in order: Foster Care Eligibility, Kin-GAP and concluding with Juvenile Court.
When all three learning segments of this training series have been completed, the participant will receive a certificate of completion.
Additional Information Regarding This Participant Guide
This guide only covers Foster Care Eligibility, Chapters 1 through 6. Kin-GAP and Juvenile Court have their own participant guides. This guide is searchable to make it easier to locate information. Not all information for one topic is in one location of this document. For example, information about eligible facilities is located throughout the document and is best to use search feature to access all the information.
Additionally, each chapter consists of multiple subsections. Within each subsection is a list of corresponding policies and forms for that subsection topic.
― Each corresponding policy is hyperlinked and can also be found on the CDSS website here:
― Each corresponding form is not hyperlinked, due to the frequency of changes made to the forms.
The latest version of each form can be found on the CDSS website here:
If you need help while completing this course, ask for help and guidance from supervisors, coaches, or a lead worker in your County Welfare Department. Additional resources and how to contact CDSS to answer questions are listed in the Resource section of this guide.
Key Terms and Forms
There are many terms used throughout this manual and e-learning course, those listed below are key terms used frequently throughout. It is recommended that the participant review the Definitions section of this document. A complete list of definitions related to AFDC-FC can also be located in both MPP 45-101 and Welfare and Institutions Code (WIC) 11400.
| Term or Phrase | Definition |
| Authority for Placement | The legal basis under which a child is residing in foster care placement. |
| Case Plan | A written document in the services case record. The social worker or probation officer develops this in partnership with the child and family team, including the Tribe when applicable, and is based on of the child’s and family’s identified needs. This document outlines, at a minimum, the behavior that needs to change for the safety goal to be met as well as the identified services that will support that behavior change. |
| Children | All dependents and wards of the court ages 0 - 18. Does not include any child over the age of 18 years old. |
| Child Placing Agencies | Children can be placed in different types of eligible placements by the County Child Welfare Agency, Probation Department, or Tribe. Throughout this course these different entities will be referred to as “Child Placing Agencies.” |
| Dependents | Children who have court orders due to neglect, abuse or maltreatment as described in Welfare and Institutions Code section 300, are referred to as “dependents” and fall under the jurisdiction of juvenile court and dependency proceedings. |
| Eligible Facility | This is a home that meets the requirements of the AFDC-FC program and in which an eligible child may be placed. Placement in an eligible facility may include a Short Term Residential Therapeutic Program (STRTP). |
| Federal Financial Participation (FFP) | FFP is the participation by the federal government in sharing the costs of AFDC-FC payments. When a child is eligible to the federal AFDC-FC program, then Title IV-E payments are used for the out-of-home (placement costs). Subsequently, county welfare departments may claim Title IV-E reimbursement as the federal government matches 50% of the placement costs. When a child is not eligible for federal funds under Title IV-E, non-federal AFDC-FC funds may be used to pay for a child’s placement costs assuming all eligibility requirements are met. |
| Foster Care | The 24-hour out-of-home care provided to children whose parents are unable or unwilling to care for them and who are in need of temporary or long-term substitute parenting. |
| Non-Minor Dependent | A person who is a current dependent child or ward of the juvenile court, who attained age 18 while under an order of foster care placement, is under 21 years of age, is under the responsibility of the county welfare or probation department or Tribal IV-E Agency, and has a transitional independent living case plan. |
| Probation Officer | Works for a county Probation Department and has the responsibility regarding the placement and services for foster youth and NMDs who are in the probation system. |
| Qualified Individual | A licensed mental health professional (LMHP), registered, waivered, or a trained professional who is working under the clinical supervision of an LMHP. The QI conducts a behavioral health assessment and makes a recommendation on the level of care needs and services for dependents and wards who are being considered for placement in a Short Term Residential Therapeutic Program (STRTP) or Community Treatment Facility (CTF). |
| Resource Family Approval (RFA) Home | The RFA process is what county welfare staff rely on for approving caregiver(s) and their homes and replaces some existing processes used for licensing foster family homes. When all requirements of the AFDC-FC program have been met and the home is approved, foster care payments made on behalf of the child may begin. |
| Short Term Residential Therapeutic Program | A non-detention, licensed community care facility that provides an integrated program of specialized and intensive care and supervision, services and supports and treatment for a youth, when the case plan specifies the need for specialized treatment. When all requirements of the AFDC-FC program have been met and the facility is licensed, an eligible foster youth may be placed in the STRTP. |
| Social Worker (SW) | Social workers are case managers. They specialize in building upon strengths and protective factors within a family and community to help ensure children have a safe and loving environment. Social workers are called upon to support families in times of need when there are concerns of maltreatment, abuse or neglect in the home. A social worker can either work for a county Child Welfare Department (CWD) or a Tribal Agency. |
| Tribally Approved Home (TAH) | A home licensed or approved by an Indian child’s tribe or organization designated by the tribe. When all requirements of the AFDC-FC program have been met and the home is approved, an eligible tribal child may be placed in the TAH. |
| Ward | Children who have court orders due to crimes or status offenses as described in Welfare and Institutions Code section 600 are referred to as “wards” and fall under the jurisdiction of juvenile court and juvenile justice or probation proceedings. |
| Youth | Refers to all dependents and wards of the juvenile court regardless of age and include non-minor dependents (NMDs). |
Key Forms
Data entry for some of the required forms in foster care eligibility determinations is done in California Statewide Automated Welfare System (CalSAWS), thus, will look different to the eligibility staff when completed in real time. However, once data entry is done, the outcome will mirror the forms posted on the CDSS website.
Certain forms are generated by the Social Worker or Probation Officer, in the CWS/CMS system.
Visit the CDSS website, Forms and Brochures, to access all current versions of the referenced forms as needed for training and learning purposes.
At the end of this guide, there is a more comprehensive list of all the forms related to foster care eligibility determinations. See Common Forms section.
Background Information
Federal Aid to Families with Dependent Children-Foster Care Program (AFDC-FC)
In 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) repealed the AFDC program with the Temporary Assistance for Needy Families (TANF), block grant. However, in determining federal foster care eligibility, PRWORA requires states to use the AFDC eligibility standards (rules), that were in effect on July 16, 1996 absent any waivers that had been granted to a state. This means effective July 1, 1997, establishing a child’s eligibility for AFDC-FC, the rules in effect on July 16, 1996, must continue to be used. The date above July 16, 1996, may be commonly referred to as “the look-back date.”
PRWORA also amended Title IV-E of the Social Security Act, which required California to amend its Title IV-E State Plan to reflect new requirements mandated by PRWORA. Information regarding the Title IV-E State Plan is provided later in this participant guide. For further background information on how PRWORA impacted California’s AFDC and AFDC-FC programs, please refer to ACL 98-01.
The AFDC-FC program provides assistance by way of foster care payments, to caregivers who provide care for foster children who are placed in their home. AFDC-FC eligibility is dependent on all general eligibility requirements being met. When all federal eligibility requirements are met under the AFDC-FC Program, federal (Title IV-E) funding is available. Eligibility staff should note when AFDC-FC federal eligibility requirements are not met, children may still qualify for aid/payments under the non-federal AFDC-FC Program. Differences between the federal and non-federal AFDC Program requirements are described in detail in this guide.
When determining eligibility, the 1996 AFDC regulations must continue to be used in conjunction with current foster care regulations in MPP 45-100 to MPP 45-300. County staff shall not utilize CalWORKs regulations or rules in determining AFDC-FC benefits.
Chapter Two “Federal Foster Care Eligibility Requirements” will provide an in-depth review of federal Title IV-E eligibility requirements needed to claim Title IV-E funds.
Family First Prevention Services Act (FFPSA)
Policy: ACL 22-23 for FFPSA, ACIN I-73-21, ACL 21-113, ACL 21-114, ACL 21-115, ACL 21-116
On February 9, 2018, the Bipartisan Budget Act of 2018 - Public Law (P.L.) 115-123 was signed into law, which includes the Family First Prevention Services Act (FFPSA). To comply with and implement provisions of FFPSA, the California Department of Social Services amended its Title IV-E State Plan. Until CDSS regulations are updated, eligibility staff shall utilize policy guidance in ACLs and ACINs. Of note under FFPSA Part IV are new placement requirements for claiming Federal Financial Participation (FFP), when foster youth are placed in a Short Term Residential Therapeutic Program (STRTP).
For more information about the changes to Title IV-E funding requirements enacted by California as they relate to FFPSA Part IV, please visit the Resource Section of this document to access the federal Title IV-E Review Guide.
Continuum of Care Reform
Policy: ACL 16-79, 17-11, ACL 18-06, ACL 18-25, and ACL 23-65
On October 11, 2015, AB 403, also known as the Continuum of Care Reform (CCR), was signed into law by the Governor of California. Continuum of Care Reform provides a framework for improving the delivery of child welfare services with an understanding children placed in out-of-home care do best when placed in family homes. Although CCR efforts are significant, they did not affect foster care eligibility requirements.
County eligibility staff are responsible for reviewing documents received from the placing agency to determine what foster care rate a child qualifies for. Eligibility staff shall ensure appropriate foster care rates are paid for each placement type per laws and regulations and that payments are issued accurately in the CalSAWS system. Noteworthy for county eligibility staff are changes made to foster care rates paid under the new Level of Care (LOC) rate structure for children and youth placed in out-of-home care.
CCR changes included Group Homes (GH) transitioning to an STRTP and eliminating GH rates.
Other Key Components to Continuum of Care Reform Include:
― Child and Family Team case planning.
― Provisions for services including behavioral and mental health in a home setting.
― Collaboration of agencies to provide services, support, and resources for children and families.
― Resource Family Approval process for foster care homes including relatives and non-relatives. When a child is determined eligible for federal foster care, the approval of a home allows for issuance of a foster care payment made on behalf of the child, to a relative or non-relative.
Eligibility Staff's Responsibility
Eligibility staff who determine and authorize Title IV-E funds must ensure that each eligibility determination is made accurately and in accordance with all applicable state and federal laws.
Federal foster care eligibility guidance includes but is not limited to the following: Title IV-E of the Social Security Act at 472(a) [42 U.S.C. 672] and federal regulations found at 45 CFR Part 1355 and 45 CFR Part 1356. On federal foster care cases, documentation gathered and reviewed by eligibility staff shall support the eligibility determination when Title IV-E funds are authorized for foster care payments.
The social worker or probation officer overseeing the court case will be responsible for completing some of the documentation needed to support foster care eligibility determinations. When eligibility staff receive documentation from the social worker or probation officer, it is their responsibility to review for accuracy and completeness. If any documentation is incomplete, filled out incorrectly, or not received, it is the responsibility of the eligibility staff to notify the social worker or probation office and partner with them to attain the necessary information and documentation to complete accurate eligibility determinations.
Proactive steps in communication and collaboration with social workers and probation officers help ensure timely receipt of documentation required for accurate eligibility determinations, thus, helping eligibility staff make determinations in a timely manner pursuant to regulation.
It is also the responsibility of eligibility staff to review all applicable state and federal regulations and policies when making eligibility determinations. Participant Guide users should note that federal and state legislation governing foster care eligibility are subject to change and may affect the work of eligibility staff. It is the responsibility of eligibility staff to stay abreast of updated changes to ensure eligibility determinations continue to comply with federal and state law. This Participant Guide was updated in August 2024.
You can access all foster care regulations on CDSS’s website: Foster Care Regulations.
NOTE: The CDSS Foster Care Eligibility Unit is available for questions and consultation on any regulations.
Content Overview
This training addresses both the federal AFDC-FC and non-federal AFDC-FC program eligibility requirements. The training provides guidance for the appropriate use of foster care forms and documentation used for determining foster care eligibility.
The course materials contain or provides links to:
― Federal and state laws
― Federal and state regulations
― Title IV-E of the Social Security Act
― CDSS Eligibility guidance in All County Letters (ACLs) including All County Information Notices (ACINs)
― Eligibility forms
― Commonly used abbreviations
― Definitions
― Vignettes
FOSTER CARE ELIGIBILITY CHAPTERS:
1. General AFDC-FC Eligibility Requirements for the Child
2. Requirements to Claim the Foster Care Case as Federal AFDC-FC Eligible
3. Requirements to Claim the Foster Care Case as Non-Federal AFDC-FC Eligible
4. Rates and Special Payments
5. Ongoing Foster Care Redetermination Requirements
6. Extended Foster Care for Non-Minor Dependents (NMDs)
Learning Objectives
Upon completion of this course the participants will be able to:
Knowledge
- K1 Name the requirements for AFDC-FC foster care eligibility determinations.
- K2 Locate forms, ACLs/ACINs, regulations, and other documents when searching for
information given a case scenario or question. - K3 Understand and describe court order removal findings.
- K4 Be able to understand the difference between federal and non-federal eligibility
requirements. - K5 Identify the types of eligible foster care AFDC-FC.
- K6 Name the required steps of annual redeterminations.
Skills
- S1 Accurately answer questions about Title IV-E eligibility requirements.
- S2 Locate and/or identify initial court order requirements/findings on County court
orders and CDSS forms. - S3 Answer case scenario questions.
- S4 Be able to complete sections of necessary foster care eligibility forms such as the
FC 2, and FC 3. - S5 Determine and/or explain federal AFDC-FC linkage requirements.
- S6 Identify and understand deprivation requirements to complete foster care forms.
- S7 Understand the basic steps of the income test for federal eligibility.
Values
- V1 Agrees with the responsibilities of an eligibility staff to accurately determine and
document foster care eligibility.