Dually Served Children and NMDs

Policy

WIC Sections 11464, 16121, 4512, and 4684, Assembly Bill (AB) 136 (Ch. 76, Statutes of 2021), AB 121 (Ch. 44, Statutes of 2023), Senate Bill (SB) 84,
ACL 25-51

Children and Non-Minor Dependents (NMDs) who are eligible to receive Regional Center (RC) services and are recipients of either Aid to Families with Dependent Children-Foster Care (AFDC-FC), including children living with Non-Related Legal Guardians (NRLG), Approved Relative Caregiver (ARC), Adoption Assistance Program (AAP), or Kinship-Guardianship Assistance Payment Program (Kin-GAP) are referred to as children and NMDs who are dually served.
Children and NMDs who are dually served and placed by the county or Tribal placing agency in a non-vendor, home-based setting that is licensed and approved by the state, county, Foster Family Agency (FFA), or Tribe are eligible to receive a dual agency rate (DAR).

Note: For current Dual Agency Rates refer to the "Santa Clara County Foster Care Rates Chart," form SCD 2405.

Rates

DARs are eligible for the annual California Necessities Index (CNI) increase.
The rate for dually served children and NMDs, who are eligible for Lanterman services and are aged three and older, is now referred to as the Dual Agency Lanterman (DAL) rate.
The rate for children under three years old, and eligible to receive services under the California Early Intervention Services Act (CESISA), but are not eligible or provisionally eligible for RC Services, is now referred to as the Dual Agency Early Intervention (DAEI) rate.
When an RC subsequently determines that a child under three has or is provisionally found to have a developmental disability, as defined in the Lanterman Act (WIC 4512(a)(1), the rate to be paid from the date of that determination is the DAL rate. When the child turns three, an assessment should be conducted to determine whether a supplement to the DAL rate is warranted.
Dually served children and NMDs eligible for RC services will be assessed for both the DAL rate plus the supplement to the rate, if aged three or older, or the DAEI rate and the Level of Care Protocol (LOCP) rate plus the Specialized Care Increment (SCI), if applicable. They shall receive whichever rate is higher.
DAR supplements are only available for NMDs and children aged three and older. The supplement rate structure has four levels ($250, $500, $750, and $1,000) based on the assessed severity of the individual’s condition, but the amount of a supplement must not exceed one thousand dollars ($1,000).

Note: For licensed community care facilities that have been vendorized by an RC and are providing care and supervision to dually served children and NMDs, AFDC-FC rates will continue to be based on the facility’s Alternative Residential Model (ARM) rate established by the California Department of Developmental Services (CDDS).

Eligibility

Dually served children and NMDs may reside in the following:
- The approved home of a relative
- The approved home of a non-relative
- The approved home of a non-relative extended family member
- The approved home of a non-related legal guardian (with or without dependency)
- A Foster Family Agency (FFA) placement
- Tribally approved home
- The Kin-GAP home
- A former NRLG where the guardianship of a child, otherwise eligible for AFDC-FC, has been dismissed due to a child turning 18 years old
- The adoptive home.

AAP children receiving Supplemental Security Income (SSI are eligible to receive the DAR. AAP parents are responsible for reporting the monthly AAP benefit amount to the Social Security Administration (SSA. The SSA will determine whether to reduce the SSI benefit. The Department or licensed public adoption agency should not deduct the SSI amount from the AAP benefit.

Provisional Eligibility

WIC 4512(a)(2)
A child aged between birth to five years old is provisionally eligible for Lanterman services if the child has a disability that is not solely physical in nature and has at least two significant functional limitations. The child is eligible for the DAL rate and the rate supplement (if aged 3 and over) when the RC finds the child provisionally eligible.
For a child receiving Kin-GAP, the guardian is responsible for reporting provisional eligibility to the county. If the child is deemed ineligible for services by the RC, the child becomes ineligible for the DAL rate. The guardian may then negotiate a new payment at the applicable LOC rate and any applicable SCI.
For a child under three receiving AAP, the maximum AAP rate is the higher of the DAL or the LOC rate and any applicable SCI. If the AAP child is three or older, they are eligible for the DAL and the supplement to the rate (if applicable)

Specifications

Neither AFDC-FC nor AAP benefits may be counted by the RCs as benefits or gross income for purposes of calculating the Family Cost Participation Program requirements for RC services.

RCs may not deny a child or NMD any service or reduce services based on receipt of AFDC-FC (including ARC and NRLG), AAP, or Kin-GAP benefits. These benefits are not a generic resource under the Lanterman Act.

Children and NMDs are no longer eligible for the dual agency rate when they no longer receive AFDC-FC (including ARC and NRLG), Kin-GAP or AAP benefits.

Supplement to the Rate Determination

Social Workers must inform all recipients of AFDC-FC (including ARC and NRLG), Kin-GAP and AAP benefits and any prospective and new parents, guardians or caregivers, that the law authorizes a supplement to the DAR. The supplemental rate may not exceed $1000 for children aged three and older who require extraordinary care and supervision.

For AAP cases, the “Payment Instructions Adoption Assistance Program” (AAP 2) indicating the approval of the Dual Agency Rate and the Supplement to the Rate are required for the FC EW case file. Supporting documentation will be kept in the confidential adoption SW case file.

Documents Required for Payment

The following forms are required to be in the FC EW case file to make a DAR payment:

A signed Foster Child’s Data Record and AFDC-FC Certification form (SOC 158A) for Foster Care (including ARC and NRLG) cases.

A completed Kinship Guardianship Assistance Payment (KIN-GAP) Program Agreement Amendment form (SOC 369A) for Kin-GAP cases or the SOC 158A from the FC case is acceptable (when the DAR was paid while in FC), stating the child is dually served and the rate to be paid is either DAL or DAEI.
The Payment Instructions Adoption Assistance Program form (AAP 2) for AAP cases, indicating the approval of the DAR and the supplement (if any) is required for the FC EW case file. Supporting documentation will be kept in the confidential adoption SW case file.
A copy of the letter from the RC stating the child or NMD is receiving services or a copy of the Verification of a Child’s Dual Agency Status form (SCZ 4A).

Exception: For new AAP cases, where a child was already in receipt of the DAR while in a FC case, a Regional Center letter is not required in the FC EW case file. The adoption SW will keep the original letter from the FC case and transfer it to the AAP case (SW case file only). The payment instructions will contain the correct rate.

Generally, documents from the initial case involving dually served individuals may be used for the transfer case during an intraprogram transfer.
However, workers must consider the child's age (refer to the Provisional Eligibility subsection and the Reassessment of the Dual Agency Rate (DAR) section in Dually Served Children and NMDs). A reassessment of the DAR is required once the child turns three years old to continue benefits. Children aged three and over who have already been found to have a developmental disability may keep receiving DAR until the regional center (RC) determines that the child/NMD is no longer eligible for RC services.

Documents Required for the DAR Supplement

The following forms completed and signed by the SW are required to be in the FC EW case file when evaluation for the Supplement to the Rate payment is made, whether it is approved or denied:

Supplement to the Dual Agency Rate – Multiple Questionnaire Worksheet (SOC 835)
Supplement to the Rate Eligibility Form (SOC 836)
Supplement to the Rate Questionnaire (SOC 837)
Dual Agency Rate and/or Supplement Authorization (SCZ 4)
“Foster Child’s Data Record and AFDC-FC Certification” (SOC 158A) - A comment should be included in the rationale description field stating the reason for the new SOC 158A. This document is not required for Kin-GAP cases but can be taken from the foster care case to justify paying the dual agency supplement).

Exception: AAP cases will only require the AAP 2 to pay the supplement.

EW Responsibility

When notified by the Social Worker that a child or NMD is a RC dually served consumer or a CESISA child (under age three), the FC EW must:

Request a copy of the letter from the RC for the case file or request the SCZ 4A from the assigned SW
Review case file for payment history
Recompute the budget from the date the child was declared a RC consumer. Maximum payment cannot exceed the current DAR plus the supplement (if applicable and approved) for any month
For Foster Care (including ARC and NRLG) and Kin-GAP, end date any SCI amount presently being paid
For Foster Care (including ARC and NRLG) and Kin-GAP, end date any Personal & Incidental (P&I) payment. A P&I payment is not allowed with a DAR
Notify Fiscal (for county-only funded aid code 45 cases with SSI) that the cost of care has increased and have them request Social Security to cease payments to the County.

Reassessment of the DAR

There is no requirement to reassess the Dual Agency Rate once it has been granted. A reassessment is only necessary when the child turns 3 to continue benefits from the DAEI to the DAL rate. When the child is no longer served by the RC, then the dually served status is immediately discontinued and the rate is returned to the applicable rate.

Reminder: AAP rates cannot be changed unless a new AAP 2 is provided to change the rate. If there is a question about the rate, notify the Post-Adoption SW unit.

DAR Reassessment For Provisionally Eligible Children

A child who is provisionally eligible must be reassessed by the RC at least 90 days before turning five. When the child is no longer served by the RC, then the dual agency status is immediately discontinued, and the rate is returned to the applicable rate.

If the required RC eligibility determination reassessment process is not completed before the child’s fifth birthday, the child should continue to be provisionally eligible for RC services and the DAR and supplement, if applicable, until the reassessment process is complete, including any appeal undertaken by the caregiver. RC services should continue until the reassessment is completed and a final determination is made that the child does not have a developmental disability and is therefore no longer eligible for RC services.

If the child is found ineligible for ongoing RC services, the rate will transition from the DAL to the appropriate Level of Care (LOC) and SCI (if applicable).

Reassessment of the DAR Supplement

A supplement to the rate will remain in effect until the dually served child or NMD is no longer eligible to receive RC services or AFDC-FC, Kin-GAP, or AAP benefits. An annual redetermination of the supplement is not required unless the child’s needs have changed.

Foster Family Agency (FFA) Resource Families (RFs) Eligible for the DAR

ACL 24-04, ACIN I-17-23

For children and non-minor dependents (NMDs) placed in an FFA RF home, DAR eligibility is based on AFDC-FC status as an RC or CEISA consumer. Eligibility is not impacted by the placement in a FFA or non-FFA home. Dual agency children and NMDs placed with an FFA RF home are eligible for the higher of:

A. The dual agency rate and the supplement to the dual agency rate.
Or
B. The level of care (LOC) rate plus any applicable county Specialized Care
Increment (SCI).

Important: The SCI can only be applied to an LOC rate and cannot be
applied to the dual agency rate structure.

Since the RC is responsible for purchasing or securing services in the individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) for a child or NMD placed in an FFA RF home, the administrative rate for the FFA is the same as the administrative rate for the basic foster care rate. The values below are based on Fiscal Year (FY) 24-25.

Dual Agency Rate	Birth to age 3 (Dual Agency Early Intervention (DAEI))	Over 3 years (Dual Agency Lanterman (DAL))
Resource Family Rate	$1,475	$3,293
FFA Administrative Rate	$1,316	$1,316
FFA Total Rate	$2,791	$4,609

As with other foster care payments, the FFA total rate will be paid to the FFA and the FFA will pay the RF rate to the RF. All other DAR requirements remain in effect.

Note: If an FFA is vendored by a regional center, the rate paid to the caregiver shall be the rate set by the regional center.

Appeal of a Regional Center Eligibility Determination

When it is determined that a child is ineligible for ongoing RC services under the Lanterman Act, the county should determine whether the parent, guardian, developmental decision maker, or educational rights holder disagrees with the determination and intends to file an appeal. The county must continue to pay the DAR and supplement (if applicable) until the appeals process has concluded with a final determination on the child’s eligibility status for RC services. If the appeals determination upholds the RC’s determination that the child is not eligible for the DAR, then the child will move to the appropriate Level of Care Protocol (LOCP) rate plus any applicable SCI as of the effective date of the final resolution of the appeal. No overpayment will be assessed for the period during which the DAR and, if applicable, the supplement were paid, pending the final appeal determination.

Rate Following RC Eligibility Determination Reassessment

If, after the RC reassessment and appeals process, it is determined that the provisionally eligible child is ineligible for RC services, a Notice of Action (NOA) with the new rate and an explanation of how the rate was set must be sent to the caregiver.
No overpayments will be assessed to caregivers for delays by the RC in conducting the eligibility reassessment, in providing the RC eligibility determination to the caregiver or county, or in the county’s processing of the determination and any related rate change.