Chapter 1: General Eligibility AFDC-FC Requirements for the Child

The purpose of the Aid to Families with Dependent Children-Foster Care (AFDC-FC) Program is to provide financial assistance for children who have been placed in foster care. AFDC-FC is the program that provides aid on behalf of needy children in foster care who meet the eligibility requirements as specified in department regulations and in applicable state and federal law. Foster care is a temporary living situation for children whose parents are unable or unwilling to care for them in their home. As a result, these children are removed from their parent’s care.

A child is in foster care when the following conditions exist:
― The county welfare agency removes the child from their parent’s home and juvenile court determines the parents cannot care for them.
― The child becomes a dependent (under WIC 300) or ward (under WIC 600) of the juvenile court and is placed and supervised by the Social Services Agency or Probation Department.
― The child is voluntarily placed by the parent or guardian under a voluntary placement agreement with the county welfare department or adoption agency.

General Eligibility Requirements

Policy: Division 45 AFDC- FC to include MPP 45-100 to 45-300.
NOTE: For the federal AFDC-FC Program all general requirements must be met in MPP 45-201 and all federal requirements specified in 45-202. For the non-federal AFDC-FC Program, a child must meet all general requirements in MPP 45-201 and all state requirements specified in MPP 45-203.

1. Application
2. Age Requirement
3. Property Requirements for The Child
4. Residence Requirements for The Child
5. Citizenship/Alienage Requirements
6. Social Security Requirements
7. Income Requirements for The Child
8. Child Support Requirements
9. Child Placing Agency Requirements

Policy: MPP 40-119

Commonly used forms for foster care determinations include: SAWS 1, FC 2, FC 3, FC 3A, SOC 156, SOC 155, SOC 155C, SOC 158A, SOC 500 or 500A, RFA 05A, CW 51, CW 2.1

It is the role of the eligibility staff to utilize the information documented on the aforementioned forms to determine if the child has deprivation, and if they will be eligible for federal or non-federal AFDC-FC funding. Additionally, it is the responsibility of the eligibility staff to complete the FC 3 Determination of Federal AFDC-FC Eligibility and FC 3A AFDC-FG/U Worksheet budget. However, in accordance with the unique practices of each county, it’s advisable to seek guidance from your supervisor regarding which forms are typically handled by eligibility staff versus those delegated to professionals such as social workers or probation officers.

In completing the eligibility determination process, it is incumbent upon the eligibility staff to proactively seek information from the social worker or probation officer when forms are not complete or when documentation is missing.

― The SAWS 1, Initial Application for CalFresh (also known as the federal Supplemental Nutrition Assistance Program (SNAP)), Cash Aid, and/or Med-Cal/Health Care Programs, is the initial application for aid completed in order to apply for any type of public assistance including AFDC-FC. Generally, a Social Worker can assist the applicant in locating and ensuring the form is complete.
― The SAWS 1 can be completed, signed, and dated by a parent, relative, probation department representative or social service agency representative.
― Federal funding for placement costs cannot be claimed for any time before the county receives the SAWS 1.

― This refers to the Beginning Date of Aid (BDOA) for AFDC-FC. The BDOA for AFDC-FC shall be the date of the application if the child meets all eligibility conditions on that date, or the date which the child meets all eligibility conditions, whichever is later (MPP 45-302.31).

― The SOC 158A is the document that is used to communicate pertinent information regarding foster care cases to eligibility staff.
― The completion of a statement of facts (FC 2) is also part of the application process. Every effort should be made to have the parent complete it, however, if a parent’s whereabouts are unknown, or if they refuse to sign it or cooperate in the process of completing it, a social worker/probation officer can complete it on behalf of the parent/legal guardian. This form must be completed in its entirety, if data elements are left blank or marked as unknown, the child may be found ineligible for federal AFDC-FC funding due to insufficient information.
― The SOC 155 or 155C are the Voluntary Placement Agreements that are signed by the parent or guardian and the agency. This document is used to demonstrate placement authority for voluntary placements.
― The SOC 156 is the agreement between the caregiver and agency staff. This document shows the date the child was placed in the foster care home or eligible facility. It outlines Agency and Foster Parent responsibilities.
― The SOC 500 or 500A captures the child’s foster care rate determination and will show whether the child is eligible for a LOC rate higher than the basic foster care rate.
― The RFA 05A is an approval certificate to document the home has passed RFA and is an approved home.
― The CW51 and CW2.1 forms are for child support. The CW 51 is used to claim good cause to not refer a case to child support.

Policy: Division 42 Non-Linking Factors of Public Assistance Eligibility MPP 42-101, Division 45 AFDC-FC EAS 201.111, 45-310 and ACL 11-61.

1. Youth meets the age requirement for AFDC-FC eligibility until their 18th birthday.

2. Acceptable proof of age needs to be in the case file. The determination of a child’s age shall be based on acceptable evidence, including, but not limited to the following, which the county determines to be substantive and genuine:

― Birth certificate or a hospital’s, physician’s, or midwife’s birth record.
― Baptismal certificate or church record of baptism.
― Confirmation papers or church record of confirmation.
― School records.
― Indian agency records (if applicable).
― Immigration papers or governmental record of immigration.
― Naturalization papers or governmental record of naturalization.
― Adoption decree.
― Passport.
― State of Federal census record.
― The affidavit of an adult if it is based on his personal knowledge of facts which would determine the probable age of the applicant and is not merely a statement of belief based on applicant’s personal appearance. Such affidavit must contain statements of the circumstances upon which the affiant’s knowledge is based.
― Entries in a family Bible or other genealogical record or memorandum of such applicant.

3. For General AFDC Extended Foster Care Eligibility, the nonminor dependent shall be at least 18 years of age and not more than 21 years of age.

4. Acceptable proof of age needs to be in the case file. The determination of a child’s age shall be based on acceptable evidence, including, but not limited to the following, which the county determines to be substantive and genuine:

― Birth certificate or a hospital’s, physician’s, or midwife’s birth record.
― Baptismal certificate or church record of baptism.
― Confirmation papers or church record of confirmation.
― School records.
― Indian agency records (if applicable).
― Immigration papers or governmental record of immigration.
― Naturalization papers or governmental record of naturalization.
― Adoption decree.
― Passport.
― State of Federal census record.
― The affidavit of an adult if it is based on his personal knowledge of facts which would determine the probable age of the applicant and is not merely a statement of belief based on applicant’s personal appearance. Such affidavit must contain statements of the circumstances upon which the affiant’s knowledge is based.
― Entries in a family Bible or other genealogical record or memorandum of such applicant.

Policy: Division 42 Non-Linking Factors of Public Assistance Eligibility, MPP 42-200), Division 45 AFDCFC, MPP 45-200, 45-201, MPP 42-205, ACL 02-45, ACL 22-16, and ACL 11-10.

1. Up to $10,000 in property is exempt for purposes of determining initial foster care eligibility only.
2. Documentation of the child’s property is to be noted on the FC 2.
3. For further information regarding determining the value of property, what is to be included, excluded, or exempted as property, refer to MPP 42-200.

NOTE: This determination is only completed at the initial determination of eligibility for the child. An eligibility redetermination is not required when a minor child or nonminor dependent (NMD) in foster care receives property after the initial linkage determination is completed. Any receipt of property after the initial determination has no impact on the youth’s continued eligibility for AFDC-FC benefits (ACL 22-16).

Policy: Division 42 Non-Linking Factors of Public Assistance Eligibility MPP 40-200, MPP 42-400, ACL 98-34, ACL 99-43

1. Youth must be a resident of California.
2. Any child who has a dependency or wardship court order from a county in California is consider a resident.
3. The county of responsibility for foster care purposes (determination of eligibility, payments, etc.) is based on the county that has court jurisdiction regardless of where the child is placed. This information would be found on the SOC 158A or court order.

Policy: Division 42 Non-Linking Factors of Public Assistance Eligibility MPP 42-431, ACL 98-34, ACL 99-43, and ACL 07-20.

1. Only citizens or certain qualified aliens are eligible for Federal AFDC-FC. The following qualified aliens are eligible:

― Lawfully admitted for permanent residence.
― Granted asylum (asylees).
― Admitted as refugees.
― Paroled into the United States for at least one year.
― Whose deportation is being withheld.
― Granted conditional entry.
― Certain aliens who have been subjected to battery or extreme cruelty.

In addition to this list, PIQ 99-01 identifies “an alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980) as an alien who is qualified to receive federal foster care benefits.”

1. Counties must verify the immigration status or citizenship status of each child in foster care.
2. Aid shall not be authorized until citizenship or immigration status has been verified.
3. Examples of accepted documentation for verification of citizenship or immigration status includes but is not limited to (Refer to the corresponding ACLs and MPP 42-431 for a complete list):

― US Passport
― Birth certificate
― School or Church records

4. The type of verification is to be noted on the FC 2 and a copy of the acceptable documentation must be retained in the case file.

Policy: CFL 01/02-42, ACWDL 89-84, and MEDIL - I 12-04.

An undocumented child may be eligible for non-federal AFDC-FC if all requirements are met.

When the United States Citizenship and Immigrations Services (USCIS) is aware of the presence of an undocumented immigrant and has done nothing to be deported, the child may be considered as having been granted PRUCOL status. A PRUCOL child/youth is eligible for non-federal AFDC-FC.

In order to claim Non-Federal AFDC-FC for PRUCOL cases, counties must submit the G845 form to the USCIS. This should be done at the time of the initial eligibility determination and applies to person(s) whose basis for PRUCOL is that the USCIC knows they are here and does not intend to deport them.” The USCIS will contact the county if they plan to deport the person listed on the G845. Otherwise, counties should keep a copy of the G845 in the case file as verification that the form was sent to the INS.

NOTE: It is recommended that eligibility staff refer to county-specific procedures to complete the G-845 form. 

Redetermination of the PRUCOL status is not required.

Policy: Division 45 AFDC-FC MPP 45-201; MPP 40-105.24
Form: CW 371

1. As a condition of eligibility, each FC applicant or recipient shall have a social security number (SSN) or have applied for a number.
2. Or have a pseudo number.
3. When a parent, legal guardian or relative is not available or not cooperating, the social worker/probation officer shall obtain or complete an application for the SSN.
4. The SSN or information regarding the application for a number is to be documented on the FC 2 and SOC 158A and copies contained in the case file.

Policy: MPP 44-100, MPP 44-111, Division 45 AFDC-FC MPP 45-201, ACL 22-16, ACL 11-10

1. The AFDC-FC rate including the amounts for specialized care but not including special need payments, shall constitute the need standard for a child receiving AFDC-FC and shall be greater than the child’s net nonexempt income as determined in Chapter 44-100.
2. Income received by the child’s parents shall not be used to determine the AFDC-FC aid payment unless the parents make their income and/or income the parents receive on behalf of the child available to meet the child’s needs.
3. Income and incentive payments earned by a child 16 years of age or older, who is participating in an Independent Living Program (ILP), are exempt as income for purposes of eligibility and grant computation when received as part of the ILP written Transitional Independent Living Plan (TILP).
4. Income type and amount are to be documented on the FC 2, and during the initial screening only of a foster care case. For information regarding the types of income, excluded or exempted income, refer to Section 44-111.

NOTE: The income determination is only completed at the initial determination of eligibility for the child. Any receipt of income after the initial determination has no impact on a child’s continued eligibility for AFDC-FC benefits.

Policy: Assembly Bill (AB) 1686, ACL 23-29, ACL 20-09, ACL 05-37, MPP 45-201.3
Form: CW 51 and CW 2.1.

California’s state policy related to child support has been updated effective January 1, 2023. These updates are consistent with updated federal guidance found in the Child Welfare Policy Manual and Section 671(a)(7) of the SSA. Until such time as new CDSS regulations are promulgated, counties are to follow instructions in this ACL.

Counties are not to refer parents, whose children have been removed from the home and who are receiving Child Welfare Services, to child support agencies. This applies to all foster care cases, whether family reunification is active, terminated, or refused. This applies to cases in related programs as well, such as Kinship Guardianship Assistance Payments (Kin-GAP), nonrelative extended family member placements, or placement in another planned permanent living arrangement (APPLA).

In the case of an Indian child, whose case is under county jurisdiction, the case worker should consult with the Tribal representative to inform them of this new policy and collectively determine if a referral to child support collection is in the best interest of the child and will not be a barrier to reunification efforts. The only exception to this policy is if, at the time of assessment, the parent’s annual income is greater than $100,000 per year or 400% of the federal poverty level (whichever is greater), AND a child support referral will not pose a barrier to reunification. The child’s Social Worker determines if a child support referral would pose a barrier for the family. A CW 2.1 form is required when this exception applies.

Eligibility staff must ensure there is a completed copy of the CW 51 form, completed by the social worker or probation officer. On the CW 51, under good cause it must state, “Collection of child support payment is not in the best interest of the child (ren) and could cause financial strain on possible family reunification.” For probation youth/wards of the juvenile court, the policy in ACL 20-09 is to be followed. The probation officer will evaluate the circumstances of the case and inform eligibility staff whether a referral to the child support agency is appropriate.

Policy: MPP 45-201.4; ACL 11-18, ACL 10-19, ACL 01-33

The Social Worker or Probation officer from the Child Placing Agency or Tribe must:

1. Verify at intake that pre-placement preventive services were provided to maintain the child with their
   family and prevent entry into foster care.
2. Develops a written assessment and case plan within 30 days from the date the agency became
   involved with the child or the date of the child’s most recent placement.
   ― Ensure the case plan gets updated no less frequently than once every six months, this may occur
   in conjunction with the six-month status review hearing.
3. Provide family reunification services or, when returning the child to their parents is documented as
   being appropriate, provide preplacement services.
4. Visit the child monthly.
5. Ensure the Permanency Plan hearing occurs within 12 months of the date the child entered care.
   The income maintenance record shall contain a statement from the placement worker, on the SOC
   158A form which certified that the above requirements have been met. This certification shall occur
   at application and redetermination of the child’s AFDC-FC eligibility and when there is a change in
   authority for placement.