Court-Ordered Review Activities: All Programs

History

When individuals believe that the state has taken an action which is not supported by regulations, a court action may be filed. It is often required that potential claimants (the “universe” or population) of these actions are identified PRIOR to court decisions so that potentially affected individuals are not “lost” in the system when action must be taken. Often counties are required to take both current and retroactive action to comply with the terms of the court's decision.

Prior to July, 1985, most court-required activities were completed by EWs in district offices. As statistical and eligibility requirements for each court decision became more complex, and court cases became more numerous, a single court review unit was formed to accomplish most activities required by court actions.

Use of the “Court-Ordered Reviews”

(SCD 1281)

Many court orders require case reviews at Intake or at Reinvestigation (RRR) to determine whether the cases meets the particular court decision. The "Court-Ordered Reviews" (SCD 1281), was developed to provide permanent, audit documentation that these reviews were completed.

The completed SCD 1281 must be scanned into the IDM system:

  • Provide documentation of past reviews.
  • Be available for use, if and when further court orders require reviews.

Miller vs. Youakim

On February 22, 1979, the U.S. Supreme Court decision in Miller v. Youakim allowed federally eligible children placed with relatives to receive Foster Care payments. Prior to this decision, Foster Care children placed with relatives could not receive Foster Care. The Miller v. Youakim court decision also stated that the caretaker relative of a federally eligible dependent child is eligible for Foster Care or AFDC (now CalWORKs); they have a choice.

Federal and state regulations do not allow Foster Care payments when a child is placed with a relative and the Foster Care case does not meet federal eligibility requirements. This determination is based on the home from which the child was removed, which is usually the parent’s home.

Because most relatives are eligible for Foster Care, they can be disadvantaged by by applying for CalWORKs before a Foster Care eligibility determination is made, as Foster Care rates are higher. When a child is placed with a relative, the Social Worker and/or EW explain the following options to the caretaker relative:

  • If assistance is needed right away, before Foster Care eligibility can be determined, advises the relative to apply for CalWORKs at the nearest district office.

    • Note: When a relative applies for CalWORKs and the District Office sees that a Foster Care application for the child is pending, it is important that the CalWORKs application is not denied before clarifying the status with the Foster Care EW. It can take additional time to clear Foster Care eligibility. In addition, Foster Care is not paid until the month following the month that services are provided. If the case is not assigned, then call the Foster Care General Clerical number, (408) 975-5760 to speak to the supervisor of the day.

  • If they can wait for Foster Care eligibility to be cleared, the Foster Care rate is higher than CalWORKs.
  • If there is no federal eligibility for Foster Care, the EW will deny Foster Care and, with the relative’s approval, initiate an application for CalWORKs.
  • If Foster Care is denied and the relative has not responded, the EW will notify the relative that they may apply for CalWORKs at the nearest district office.

When a child in a relative placement is not eligible for Foster Care, the caretaker relative must apply for CalWORKs if assistance is needed. An overview of the CalWORKs courtesy application and referral process is described below:.

STAGE WHO ACTION
1 FC EW
  1. Contacts the caretaker relative to explain the FC denial/discontinuance and to confirm that they want to apply for CalWORKs.
  2. If the relative approves, completes a “Referral from Foster Care Bureau for CalWORKs” (SCD 291) and a new SAWS 1with the correct date of application.
  3. Sends the SCD 291 and a copy of SAWS 1 to the relative (with the denial/discontinuance NOA.)

    1. Note: If unable to reach the relative, sends the SC 291 advising the caretaker relative to apply for CalWORKs. Does NOT complete a SAWS 1 without the relative’s prior approval.

  4. Gives the original SAWS 1, a copy of the SC 291 and additional information to the FC CST for processing.
2 FC CST
  1. Completes an SCD 41 for the relative caretaker and the child(ren)
  2. Ponies the original SAWS 1, SCD 41 and a copy of the SC 291 to the designated person(s) at the district office (AAC, North County and South County.)
3 Intake Office CST
  1. Enters the SAWS 1 and SC 41 information into the Application Registration windows.
  2. Follows District Office procedures for Case Assignment and Scheduling in CalWIN.)
  3. The application is assigned within two weeks.

For more detailed procedures, [Refer to Foster Care Handbook, Section 18.5.]

Related Topics

Treatment of Retroactive Court Ordered Aid Payments