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Child in the Home of Parent or Relative from Whom Removed
Federal or non-federal Foster Care can only be paid when the child resides in an eligible facility which is NOT a home in which the parent(s), adoptive parent or relative from whom the child was removed is living [EAS 45-302].
- Anytime the parent, adoptive parent or relative from whom the child was removed comes to temporarily stay or visit, the intent of the stay/visit must be explored and monitored by both the SW or PO and the FC EW.
- Any stay/visit over 3 weeks is no longer considered temporary. At the beginning of the fourth week the FC EW must take action. Foster Care eligibility ceases and a timely NOA must be sent to discontinue aid if the parent/relative:
- Applies for Public Assistance using the same address as the child.
- Changes his/her mailing address to that of the child; or
- Otherwise starts to make his/her home in the home with the child (i.e., stays over 3 weeks).
A Foster Care child is living with his grandmother. The child's mother, from whom he was removed, comes to stay for a visit. She has no other residence. After a week has passed, the mother decides to remain indefinitely in Santa Clara County. Because she has decided to make the child's home her home, eligibility for Foster Care ceases and must be discontinued as soon as a timely NOA can be sent. If the grandmother will continue to have care and control of the child, she can apply for CalWORKs. The placement worker will need to be involved in this process.
Note: Per CalWORKs regulations, the child's mother is a mandatory member of the Assistance Unit and the payment would be for all three (assuming the grandmother is a needy caretaker relative). Foster Care EWs must initiate an IPSC to CalWORKs as no break in aid should occur. [Refer to CalWORKs Handbook, “AU Composition,” page 25-1.]
Non Minor Dependents (NMDs) in Supervised lndependent Living Program (SILP)
A NMD may live in a SILP in the same home as the parent or guardian from whom the youth was initially removed. However, the parent shall not be allowed to act as the payee for the foster care payment. Social Workers and Probation Officers retain the discretion to determine if the SILP is appropriate for the youth.
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