Non-Minor Dependents

NMD are eligible to receive CalWORKs benefits up to the age of 21 if they are:

  • Current dependent children or wards of the juvenile court who are 18, but less than 21 years of age,
  • In Foster Care under the responsibility of the county Social Services Agency or the Probation Department, and
  • Participating in a transitional independent living case plan.

Eligible youth include those who:

  • Turn 18 in 2011 and are in Foster Care dependency on January 1, 2012, or
  • Turn 18 in 2012 or later and are in Foster Care dependency on January 1, 2012, or
  • Turn 19 prior to January 1, 2013, or
  • Are ineligible for either federal or state only Foster Care payments, but receive CalWORKs.

Ineligible youth include those who:

  • Have turned 18 and terminated court dependency before January 1, 2012
  • Are married
  • Are in the military
  • Are incarcerated
  • Are in a non-related legal guardianship through the probate court.

Eligibility Requirements

NMDs are eligible for extended CalWORKs as long as he/she meets one of the following conditions:

  • Enrolled in and working towards completing high school or an equivalency program,
  • Enrolled at least half-time in post-secondary or vocational school, or enrolling for the next available term,
  • Participating in a program or activity that promotes or removes barriers to employment,
  • Employed at least 80 hours per month, or
  • Is incapable of enrollment or participation in school or employment due to a documented medical (physical, mental or emotional) condition.

Program Requirements

Program requirements for the NMD are managed by the children’s DFCS case manager. The case manager will provide the documentation needed to establish eligibility. At no time is a face-to-face interview required for CalWORKs purposes. However, the DFCS case manager is required to visit the NMD on a monthly basis.

CalWORKs Eligibility

Once extended CalWORKs eligibility for the NMD is established the NMD must be assigned a new case number, aid code 4N and placed in his/her own AU.

In order to remain eligible for extended CalWORKs benefits the NMD must be living with an approved caregiver relative (needy or non-needy), and not eligible for federal or state Foster Care payments.

Individuals who are already in a CalWORKs case with their caretaker relative, may be discontinued from that case and set up on their own extended CalWORKs case. This would be considered a mid-period county initiated action and therefore, the grant may be reduced mid-period with a timely and adequate NOA.

A Caretaker relative may receive CalWORKs if there is another eligible child living in the home or the caretaker relative is a pregnant. If the NMD is the only “eligible child”, the caretaker relative is not eligible for CalWORKs.

A 18 year old foster youth has the option of receiving an extended CalWORKs payment if eligible as a NMD, or may choose to remain in the “regular” CalWORKs program if they are expected to graduate before turning age 19.

Statewide Fingerprint Imaging System (SFIS)

Effective January 1, 2013, SFIS requirements no longer apply to NMDs. NMDs must no longer be fingerprinted or photo imaged as a condition of eligibility.

Out of County

When a NMD moves to another county, the original county of jurisdiction retains payment responsibility for the NMD. The NMD must continue to live with the caretaker relative in order to maintain eligibility for extended calWORKs benefits. However, if the caretaker relative is aided with other children on CalWORKs, their case must be transferred to the other county following ICT rules.

The county in which the NMD is living may be designated the county of residence when the NMD has had a continuous physical presence i the county for one year as a NMD, and expresses his or her intent to remain n that county Since the county of jurisdiction retains payment responsibility for NMDs, an ICT may be necessary if the NMD has been receiving aid from a county other than the county of responsibility.

Out-of-State

NMDs placed in approved homes of relatives residing our-of-state will be eligible for extended calWORKs benefits. This may occur if (1), the NMD is placed with an approved relative in another state, or (2), the approved relative the NMD is currently placed with moves to another state. The Social Worker will provide documentation of eligibility via the “Six-Month Certification of Extended Foster Care Participation (SOC 161) and the “Mutual Agreement for extended Foster Care (SOC 162) to the CalWORKs EW, who will then issue the CalWORKs payment.

Non-Minor Dependant (NMD)

The NMD has the option to establish a CalWORKs case and receive benefits for both him/herself and his/her eligible child.

Child Support and NMD’s

A NMD is not considered a parent for the purposes of child support referrals. A NMD who resides with his/her child in Foster Care is not liable for child support and will not be referred to the local child support agency for the collection or enforcement of child support. Child support will also not be collected if the NMD is the non-custodial parent.

Out of County

When a NMD moves to another county, the original county of jurisdiction retains payment responsibility for the NMD. The NMD must continue to live with the caretaker relative in order to maintain eligibility for extended CalWORKs benefits. However, if the caretaker relative is aided with other children on CalWORKs, their case must be transferred to the other county following Inter-County Transfer rules.

Related Topics

Definitions

Caretaker Relative Requirements

Chart of Relatives Who May Be Caretaker Relatives for Eligible Child

Determining Caretaker Relative

Drug Felon

Temporary Absence

Persons Included in AU

Persons Excluded By Law

Ineligibility for Entire AU

Determination of AU, by Step

Needy & Non-Needy Caretaker Relatives

Approved Relative Caregiver (ARC) Funding Option Program

Pregnant Person Only

Pregnant Person in an AU with Another Eligible Child, or Otherwise Eligible SSI/SSP Child

Family Reunification Program