Miller v. Youakim

Background

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 AFDC-FC funding.

The Miller v Youakim court decision also stated that the relative caregiver (RC of a federally eligible dependent child is eligible for FC or CW; they have a choice.

Non-federally eligible children placed with a RC are NOT eligible for AFDC-FC. However, RCs can receive a foster care payment with the implementation of the ARC Funding Option Program.

Caretaker Relative Options for FC or CalWORKs or ARC

Because most children placed with RCs are eligible for federal Foster Care, they can be disadvantaged by applying for CW before a Foster Care eligibility determination is made, as Foster Care rates are higher. Thus, when a child is placed with a RC, the Social Worker and/or FC EW must verbally explain the options to the RC:

If assistance is needed right away, the Intake FC EW can authorize EA for the first 30 days and/or county funding may be utilized, when all eligibility documents are available.
When federal Foster Care eligibility is determined, the FC rate is higher than CalWORKs.
If there is no federal eligibility for Foster Care, the FC EW must deny AFCD-FC funding and advised the RC of the option of applying for CW or ARC. If the RC chooses ARC, the FC EW must verify if there is an ARC application on file. If not, the FC EW must provide the relative with a “Statement of Facts Supporting Eligibility For The Approved Relative Caregiver (ARC) Funding Option” (ARC 1) and the “Rights and Responsibilities for ARC” form (ARC 1A) and ensure the ARC 1 is signed, dated and returned.

Miller v. Youakim Referral Process

Whenever child(ren) are placed with a RC, the FC EW must determine if there is federal eligibility. Refer to Federal Eligibility Determination.

Federal Eligibility for Foster Care

If the child is federally eligible, the FC EW must:

Send the “Miller vs. Youakim Informing Notice” letter (SCD 290).
Have the relative complete and sign the “Caretaker Relative Documentation Chart” form (SCD 1383-FC). Both sides of the SC 1383-FC must be completed.
Request a birth certificate from the RC to prove the relationship within the fifth degree. (If a birth certificate is not available, the relative must state why and complete the affidavit on the back of the SCD 1383-FC or a general affidavit and the FC EW must request a copy.)
Set up payment following the current procedures for issuing federal AFDC-FC.

Reminder: The FC 4 form is no longer required as it is obsolete. Workers may verbally inform the caregivers of the options instead.

Note: The RC cannot be the same relative from the home of removal and the child’s parents cannot be living in the home where the child resides.

Non-Federal Foster Care

If the child is not federally eligible, the child is not eligible for AFDC-FC funding. Foster Care funding must be denied/discontinued and the caretaker relative must be given the following options:

The RC can apply for CalWORKs as a “needy caretaker.”
The RC can apply for CalWORKs as a “non-needy caretaker” because they do not want ARC.
The RC can apply for CalWORKs as a “non-needy caretaker” with a child not eligible for ARC and apply for ARC for ARC-eligible child/ren.
The RC is a “non-needy caretaker” and applies for ARC.
The RC does not want CalWORKs or ARC.

Note: Counties are required to use EC funding instead of referring RCs to CalWORKs.

Although the change from Foster Care to CalWORKs is an intra-program transfer, a new SAWS 2 Plus (application) must be completed if the RC wants CW. The RC must be referred to the district office to complete the CW Intake process. The date of application for CalWORKs is the date the SAWS 2 Plus is signed. It cannot precede the date of application for Foster Care.

When the RC applies for ARC only as a “non-needy caretaker” the case will remain with FCE and the SAWS 2 Plus is not necessary. To be eligible for ARC the caregiver must review the ARC 1A and an ARC 1 must be completed, signed, and dated by the RC and the home approval must be completed. The beginning date of aid is the date the home has been approved or the date the ARC 1 is signed and returned to FCE, whichever date is later.

Application and Referral Procedures for CalWORKs when the RC does not want to apply for ARC

Note: These procedures will not be used while EC Funding is available. Counties are required to use EC funding instead of referring RCs to CalWORKs.

FC EW
1. Makes 2 contacts with the caretaker relative to explain the FC denial/discontinuance and to confirm that they want to apply for CalWORKs.
  1. Note: When the relative confirms their choice, provides RC with “Application for California Work Opportunity and Responsibility to Kids (CalWORKs) (Non-needy Caretaker Relative Foster Child)” form (CW 2219) (a separate application is required for each child) and the “Rights, Responsibilities and Other Important Information For the California Work Opportunity and Responsibility to Kids (CalWORKs) Program (Non-needy Caretaker Relative with Relative Foster Child)” form (CW 2218). The non-needy caretaker relative must complete these forms at initial CalWORKs application and redetermination.

Sends the denial/discontinuance NOA to the RC.

If unable to reach the relative, sends the CW 2218 and CW 2219 forms advising the caretaker relative to apply for CalWORKs.

Sends a copy of the denial/discontinuance NOA to the child’s SW.

Note: Gives the latest SOC158A with current information to the Foster Care CST. Enters the relative’s relationship to the child and phone number on the SOC 158; and, highlights the caretaker relative’s name and address, etc. so that the CST has the necessary information to complete the SC 41.

2. FC Clerical

Completes an SCD 41 for the relative caretaker and the child(ren). If other siblings are residing with the relative, lists all of them on the SC 41

E-mails the SCD 41 to the “AAC-VMC Referral” Outlook inbox.
Images the SOC 158A (and all FC-related documents) in the closed FC case as they must not be sent to the District Office.

3. District Office CST