Emergency Caregiver (EC) Funding - AB 1811

ACLs 18-33, 18-75, 19-24, -19-84, and 22-89. WIC 11461.36.

Families caring for a Foster Care (FC) child or a non-minor dependent (NMD) placed on an emergency basis, or for a compelling reason prior to being approved under Resource Family Approval (RFA), are known as emergency caregivers. Effective July 1, 2018, Assembly Bill 1811 requires counties to provide payment to emergency caregivers in an amount equal to the LOC Basic Level rate paid to RFA caregivers.

Note: Voluntary Placement Agreement cases are not eligible for EC funding as these placements do not require RFA approval.

EC payments are funded through the Temporary Assistance to Needy Families (TANF)-Emergency Assistance (EA-5K) Program for federally eligible cases. For children determined to be ineligible for federal funding, a combination of state and county funding is used (EC-5L).

Pending Approval As A Tribally Approved Home (TAH)

Effective July 1, 2019, EC funding is available for Indian children/youth placed with caregivers who are pending approval as a TAH. The same provisions apply to this population, but with the following difference:

A RFA application (RFA 01A) and RFA Approval Certificate (RFA 05A) may not be received. Instead, the tribe may notify the county that the TAH process is pending or has been approved via a letter or email.

EC Eligibility Criteria

The following eligibility criteria must also be met to use EC funding for both federal and non-federal cases:

Placement occurred on or after July 1, 2018. The beginning date of aid for EC funding will be based on the placement date.
The child or NMD was placed on an emergency basis or for a compelling reason.
Submission of an RFA 01A. Within ten business days of placement, the Department of Family and Children’s Services will save RFA 01As in the EW Tools Folder. The Social Services Benefits Specialist (SSBS) will verify that the application is in the folder and that the caregiver’s name appears in the document. There are no additional SSBS requirements for the RFA 01A.

- Note: EC funding will count as income to the child, making the child ineligible for CalWORKs.
Emergency Assistance application (EA 1) was submitted on behalf of the child for the current Foster Care episode.
- Reminder: A Foster Care episode may vary from days to years.
The child or non-minor is not otherwise eligible for a foster care payment (i.e. the caregiver has not yet received RFA).
The child or non-minor is placed in California.

Children and non-minors who are not otherwise EA eligible are eligible for EC funding. This includes:

Those who are undocumented or are non-qualified aliens,
Have income greater than 200% of the California median family income and
Juvenile Probation Department cases.
- Note: Until clarification from the state is received, SSBSs will not enter EA applications into ACE for EC cases.

Notice of Action (NOA)

There is no requirement to send a NOA when EA is approved or denied. However, the state has mandated that a NOA be sent when an EC case is approved or denied. Workers will use the following two NOAs:

Notice of Action - Issuance Emergency Caregiver Funding form (RFA 105). This form is used when initially approving the case for EC funding.
Notice of Action - Discontinue Emergency Caregiver Funding form (RFA 105A). Workers will use this form once the payment is set to discontinue.

MEDS Alerts

There are two new MEDS alerts to remind the worker of the upcoming end of the EC period:

Alert Number 9579 Message: “APPROACHING END OF 6TH MONTH, RFA REVIEW NEEDED”
Alert Number 9580 Message: “APPROACHING END OF 12TH MONTH, RFA REVIEW NEEDED”

SSBSs will need to follow up with the SW/PO on status of the RFA to clear the alerts.

Note: Alert Number 9579 is incorrect in that it should remind the worker of the approaching end of the 4th month (120-day) period and not the 6th month. Unfortunately, the MEDS system will not change this functionality so workers will continue to receive the alert even if it is incorrect.

Effective Date of Payment

EC funding takes effect as of the placement date.

Required Forms

The following forms are required in order to issue EC funding.

A Resource Family Application form (RFA-01A)

The Department of Family and Children's Services (DFCS will save the RFA-01A application in the EW Tools Folder located on the S drive. The EA 1 will be on file in Imaging and documented in a CalSAWS Journal.

An Emergency Assistance Application for Child Welfare Services form (EA 1).

In the event a Continuing SSBS receives an EC/5L request for a placement change, and there is no EA 1 on file for the current foster care episode, the worker will request the form from the SW/PO. The Continuing SSBS will check the box for item #7, enter the date they are completing this form for item #12, and sign and date the application.

For non-federally eligible EC cases, the SSBS will enter the following in item #13: “Not EA eligible because this is not the initial removal. This application is an EC requirement.”

For federally eligible EC cases, the SSBS will enter the following in item #13: “This case is EC and federally eligible.”

The completed EA 1 should be forwarded to Imaging.

Duration of Payment

For fiscal year (FY) 2022-23 and each FY thereafter,
Federally eligible EC cases using EA/5K can be funded for up to six months (180 days). There is no good cause extension available for these cases.

State-eligible EC cases using EC/5L will have funding available for up to 120 days or up to 365 days with documented good cause.

Important: EA and EC Funding must stop when the caregiver is approved or denied as a resource family or tribal-approved home or the youth is no longer placed in the home, whichever occurs first.

Note: Good cause (for delay in family receiving RFA) is determined and documented by DFCS and reported to the state on a regular basis. As with the current RFA business process, the SSBS will not receive documentation indicating good cause for a delay in the family's receipt of RFA. The worker will be informed using the existing practice of receiving a new SOC 158A form.

Subsequent Placements

Subsequent placements during the foster care episode may alter the duration of EC funding. Refer to FAQ #3 in FAQ Emergency Caregiver Funding.pdf (sharepoint.com).

Special Needs/Special Care Increments/Specialized Rates

EC funding does not cover special needs, specialized rates, special care increments, or supplement payments until the home receives full RFA. If a Social Worker requests these items, a Placement Expense Request (SCZ 414Z) form may be required to accompany the request. Refer to the Placement Expenses topic to determine which requests require an SCZ 414Z.

Ending EC Funding

Funding must stop when the caregiver is either approved or denied as a resource family or tribal-approved home, or when the youth is no longer placed in the home, whichever occurs first. Workers must shift the funding source to the applicable AFDC-FC aid code.

For non-federal cases with a relative placement, the worker must ensure a completed and signed ARC 1 is obtained and follow the ARC process.

Miller v Youakim rules apply for federally eligible relative placement cases, and the SSBS must ensure the case is assigned to the appropriate federal aid code.
The worker ensures the non-relative placement is assigned the appropriate fed/non-fed aid code.

If the case exhausts the 365-day period or has RFA denied,

The SSBS must request an SCZ 414Z form from the SW/PO to continue payments.

Continuing SSBSs Processing An EC Request

During the span of a foster care episode, the child may have placement changes due to an emergency or compelling reason. In these situations, the Continuing SSBS may receive an EC request for placement without RFA. Workers will follow the workflow located in Process Extended Foster Care (EFC) RD (Annual)