Residence

[EAS 42-400]

Foster Care children are considered to be residents of the state/county that has court jurisdiction over the child's care and control. This is usually the place of residence of the natural parents.

Federal regulations allow the court to delegate care and control to caretakers. As a result, caretaker relatives may reside in a county or state other than the one that has jurisdiction over the child. Foster Care assistance payments are the responsibility of the county/state with court jurisdiction.

When a child is not eligible for federal foster care (Title IV-E) and the child is placed through ICPC in California by another state the child may be eligible as a California resident for CalWORKs even when the other state retains jurisdiction. For more information regarding the ICPC refer the FC hand book Out-of-State (OOS) Placements.

Evidence of Residence [EAS 42-407]

The written statement on the appropriate statement of facts (FC 2/SAW 2Plus) is acceptable to establish intention and action to establish residence.

Children Placed by this County Out-of-State

A child that is a dependent of California continues to meet the residency requirements. A child placed in another state by this county retains California residency for Foster Care/CalWORKs, as long as the Santa Clara County court system retains jurisdiction over the child.

Out-of-State, non-federal relatives may be eligible for TANF assistance.

Child Placed in California By Another State

TANF (CalWORKs) cash assistance may be specified as the financial plan submitted by the sending agency. The plan may provide for an application to be filed on the child's behalf for TANF cash assistance with the sending state or the receiving state when the child is not eligible for federally funded FC benefits.

Residency - Inmate Natural Parent

Child’s Parent is an Inmate at Time of Removal (Child is a Dependent)

An inmate’s legal residence is defined as the county in which he/she was residing at the time of arrest, regardless of where the arrest, trial or incarceration takes place. A child’s county of residence is determined by the county of residence of the parent with whom the child resides. Therefore, the “county of residence” for a child born to an inmate is the county where the inmate resided at the time of arrest. If the child becomes or is made a dependent, that county is responsible for the infant’s care, custody and control.

Legal Guardian or Other Custodial Control (Non-Dependent):

When a court has awarded another person custody or guardianship of the child, the child’s county of residence is that of the person awarded custody or guardianship, regardless of the mother’s county of residence. However, if the child becomes or is made a dependent or ward of the court, county of jurisdiction is responsible for the child’s care, custody and control.

Note: Court Jurisdiction either through DFCS or JPD has the final rule on who shall have responsibility of custody, care, and control of a child.