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 child or NMD placed on an emergency basis or for a compelling reason, prior to being approved under 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 TANF-Emergency Assistance (EA-5K) Program for federally eligible cases. For children who are determined to be ineligible for the TANF-EA Program, 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 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 approved via a letter or email.

EC Eligibility Criteria

The following eligibility criteria must also be met in order to use EC funding:

Placement occurred on or after July 1, 2018. The beginning date of aid for EC funding will be based on the date of placement.
Child or NMD placed on an emergency basis or for a compelling reason.
Submission of an RFA application (RFA 01A). Within ten business days of the placement, the Department of Family and Children’s Services will save RFA 01As in the EW Tools Folder.
- Note: EC funding will count as income to the child, making the child ineligible for CalWORKs. Therefore, the state is suspending the requirement (until further notice) for counties to provide a CalWORKs application form (CW 2219) to a relative receiving a placement on or after July 1, 2018.
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 that 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, EWs 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 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” (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”

EWs will need to follow up with the SW/PO on status of the RFA in order 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 is effective back to the date of placement.

Required Forms

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

A “Resource Family Application” form (RFA-01A)

The DFCS will save the RFA-01A application in the EW Tools Folder in the S drive. The EA 1 will be on file in IDM and documented in a CalSAWS journal entry.

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

In the event a Continuing EW receives an EC request for a placement change and there is not an
EA 1 on file for the current foster care episode, the worker will request the form from the SW/PO. The Continuing EW will check the box for item #7, enter the date the EW is working on this form for item #12 and add the following line to item #13 “Not EA eligible because this is not initial removal. This application is an EC requirement.” The Continuing EW will then sign and date the application and forward to imaging.

Duration of Payment

For fiscal year (FY) 2022-23 and each FY thereafter, EC (5L) funding will be available for up to 120 days or 365 days with documented good cause.

Important: 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 EW will not receive documentation indicating good cause for a delay in a family receiving RFA.

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 SCZ 414Z form must accompany the request.

Ending EC Funding

Once the caregiver obtains RFA,

The EW must ensure a completed and signed ARC 1 is obtained and follows the ARC process for non-federal cases with a relative placement.
Miller v Youakim rules apply for federally eligible relative placement cases and the EW must ensure the case is assigned the appropriate federal aid code.
The EW ensures the non-relative placement is assigned the appropriate fed/non-fed aid code.