Foster Care Handbook Aid Payments and State Administered ...

1 Update # 2016-11 Revised: 06/27/16 Foster care Handbookpage 27-1 Aid Payments and State Administered Rates27. Aid Payments and State Administered RatesThis chapter contains information pertaining to the Foster care rates established by the california Department of Social Services (CDSS) or the california Department of Developmental Services (CDDS). This includes details with documentation requirements for payment of these rates and the approved a 5% increase to basic rates effective January 1, 2008. For Adoption Assistance Program (AAP) the rates are effective for all new adoption agreements signed on or after January 1, 2008. For AAP cases with the original signed agreement made prior to January 1, 2008 the prior rate must be used.

2 The State issued an increase in licensed Foster Family Home (FFH) rates as the result of the court order issued on May 27, 2011, in the court case of the california State Foster Parent Association v. William Lightbourne, et al. The United states District Court ordered the california Department of Social Services (CDSS) to immediately meaning any check that had not been issued by the date of May 27, 2011 order shall include the increased increase rates apply for the provision of Foster care for the entire month of May 2011. Therefore the rate change became effective May 1, 2011 for all licensed Foster family homes. The rate change also applies to licensed or approved family homes (FFH), approved home of a relative or the approved home of a non-relative extended family member (NREFM), State and federal Kin-GAP, tribal specific homes and non-related legal guardians (NRLG).

3 Note:See special instructions for AAP, Kin-GAP and non-dependent a result of the Court case california Alliance of Child and Family Services v. Cliff Allenby, et al. (Allenby),589 F 3d 1017 (9th Cir, 2009). In Allenby, the methodology for rate setting basic rates for licensed Foster family homes was changed from the original methodology established in 1982. As a result of the new methodology additional and ancillary benefits programs such as county clothing allowances, specialized care rates, Payments to non-related legal guardians (NRLG), kinship guardians (KinGAP) and adoptions assistance (AAP) are no longer connected to the previous basic Foster family home rate methodology. Revised: 06/27/16 Update # 2016-11page 27-2 Foster care HandbookAid Payments and State Administered RatesAdoption Assistance Program (AAP) and Non-Related Legal Guardians (NRLG) rates changed effective May 27, 2011 and May 1, 2011, respectively.

4 Additionally, the court case allowed AAP and NRLG rates to also receive a california Necessities Index (CNI) increase of effective July 1, 2011 as instructed in All County Letter (ACL) 11-74, ACL 11-63 and ACL 11-63E. AAP and NRLG rates are based on the licensed FFH basic rates. Standardized KinGAP rates were changed depending on when legal guardianship was established. AAP rates where changed depending when either the adoption was initialized or finalized. NRLGs rates were changed depending on whether the Foster care (FC) youth is court dependent or non-dependent and the date legal guardianship was established. Court dependency and non-dependency is provided by the county Social Work or Probation :The lawsuit standardized all licensed FFH basic rates which includes Adoptions, KinGAP, licensed Foster Family Homes, Approved Relatives, dependent or non-dependent Non-Related Legal Guardians and Non-Relative Extended Family Members, throughout the State of california established on or after May 1, Law (PL) 110-351 amended Title IV-E of the Social Security Act to require that the Social Worker (SW) or Probation Officer (PO) include in their case plan a plan for ensuring the educational stability of the child while in Foster care .

5 The cost of reasonable travel may be paid to allow a Foster care child to remain in the school of in which the child is enrolled at the time of placement, when it is in the best interest of the child. This is referred to as the school of origin. The effective date of the reimbursement is January 1, 2010, the effective date for Santa Clara County is April 1, a result of the above court settlement, all FC, KinGAP and AAP benefits will increase each year effective July 1. The increase is based on the CNI established by the State of california and is published through an All County Letter (ACL) normally issued no later than the end of August of each year. Rates of PaymentFoster care , Kin-GAP, AAP rates are set by the State or County of residence.

6 Foster care Payments CAN NOT be made outside of the COUNTRY. However, AAP can be paid outside the country. Update # 2016-11 Revised: 06/27/16 Foster care Handbookpage 27-3 Aid Payments and State Administered Setting by StateFoster care rates for Foster family homes, Kin-GAP, AAP and group homes, and Foster Family Agencies (FFAs) located in california are set by the california Department of Social :FC, KP and AAP Payments are exempt from federal and State tax Setting by CountyThe county requests approval from the State for all special rates including rates for: Developmentally disabled children placed in small family homes Rates for extra care and supervision Emergency Satellite Home (ESH) rates Specialized adolescent care home rates County clothing allowances include initial and annualSpecialized rates are not subject to State authorized california Necessities Index (CNI) annual increases.

7 These rates are set and controlled by the Setting by Other CountiesPlacements of children supervised by Santa Clara County Department of Family and Children Services (DFCS) or Juvenile Probation Department (JPD) in Foster family and small family homes in other counties, are subject to the rate-setting policies of those counties. Basic Foster home rates conform to the statewide standard, except in Orange county. In this county, one or more basic Foster home rates are higher than the standard. For historical rates see [Refer to Chart Book, Foster care Charts, page 3-1] for more : 06/27/16 Update # 2016-11page 27-4 Foster care HandbookAid Payments and State Administered Aid PaymentsFoster care and KG providers who care for children in the custody of the County receive Payments that are intended to cover ordinary living expenses for the child.

8 This generally includes room and board, daily supervision, and a personal allowance. In addition to standard payment amounts there are additional Payments that may be made to assist in other care /KG Grant ComputationsFoster care and KG is budgeted on a prospective basis. The current month's income is applied against the same month's Foster care payment. Effective with Payments made for the month of July, 1998, the Foster care grant is computed by: Dropping all cents from any proration of the basic rate and allowable specialized care rates, and Rounding down (drop all cents from) the total net income of the child, and Subtracting the rounded current net income from the rounded sum of the Foster care basic rate and the specialized care .

9 Normally the calculations will take place through CalWIN except when manually calculating Changes in Types of PaymentsAn Intraprogram Status Change means a change in status from one part of the same program to the other, , from cash grant to medically needy and vice versa within the same program and changes between CalWORKs and Foster care . [ ]An Interprogram Transfer is a transfer from one cash grant program to another, which is completed without interruption in aid payment. Update # 2016-11 Revised: 06/27/16 Foster care Handbookpage 27-5 Aid Payments and State Administered Between CalWORKs and Foster CareWhen a child in a CalWORKs Assistance Unit (AU) is moved to Foster care , the effective date of Foster care assistance is the date the child is placed in a Foster care eligible facility AND IS OTHERWISE ELIGIBLE.

10 The effective date for federal or non-federal funding must not precede the date on which the authority for placement requirement is met, , the detention hearing. [ ] From Foster care to CalWORKs Where a child receiving Foster care moves to the home of a parent or relative and becomes part of a CalWORKs AU, the effective date of change is the date the child is placed in their parent's or caretaker relative s home, and is otherwise No Change in CaretakerWhen a child is transferring from Foster care to KinGAP and AAP or vice versa, but remains in the home of the same caretaker relative, the effective date of the program transfer is the first of the month following the request for change of is possible to pay a child both CalWORKs and Foster care or KinGAP or AAP in the same month.