Dual Agency Children (DAC)

 

WIC Sections 11464 (c)(1) and 4684, ACL 08-17

Effective July 1, 2007, the California Department of Social Services (CDSS provided information regarding the Dual Agency Rates (DAR) for children receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC, Adoption Assistance Program (AAP or Kinship-Guardianship Assitance Payment Program (Kin-GAP benefits and being served by California Regional Centers, Child Welfare Services (CWS) and Probation agencies. Welfare and Institutions (W&I Code Section 11464 is intended to promote the timely and appropriate placement of developmentally disabled children with foster and adoptive families. It also clarifies the roles and responsibilities of the agencies and regional centers.

Policy

Children who are consumers of regional center services and recipients of AFDC-FC, AAP or Kin-GAP benefits are hereinafter referred to as DAC. By providing a new rate structure and rate setting process, SB 84 ensures consistency in statewide program administration and benefits for this population of children. It also preserves higher rates established before July 1, 2007 and the continuation of regional center services to dual agency children.

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

SB 84 Establishes

• A new rate of two thousand and six dollars ($2,006) the DAR for the care and supervision of dual agency children three years of age and older. This rate is subject to change each fiscal year effective July 1, 2011, and each year thereafter, based on the state’s California Necessities Index (CNI).
• A new rate of eight hundred ninety-eight dollars ($898) for the care and supervision of children under three years of age who receive services under the CESISA, but are not yet determined to have a developmental disability, as defined in the Lanterman Act. This rate is subject to change each fiscal year effective July 1, 2011, and thereafter, based on the CNI.
• When a regional center subsequently determines that a child under three years of age is an individual with a developmental disability, as defined in the Lanterman Act, the rate to be paid from the date of that determination is $2,006. This rate is subject to change each fiscal year effective July 1, 2011, and thereafter based on the CNI.
• A supplement to the DAR not to exceed one thousand dollars ($1,000) for dual agency children three years of age and older with extraordinary care and supervision needs.
• That dual agency children who are recipients of AFDC-FC or AAP benefits and residing in the following:
  • An 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 
  • Former non-related guardian when the guardianship of a child, otherwise eligible for AFDC-FC, has been dismissed due to a child attaining 18 years of age
  • Vendored or non-vendored licensed foster family homes shall not be prohibited from receiving respite care services from a regional center.
  • The adoptive home.

Effective July 1, 2009, Kin-GAP children are eligible for the DAR.

A process for determining care and supervision rates on behalf of dual agency children who were receiving AFDC-FC or AAP benefits before these rate changes were enacted.

AAP children receiving SSI are eligible to receive the Dual Agency Rate. AAP parents have the responsibility of reporting the monthly AAP benefit amount to the SSA. The SSA will determine whether there will be a reduction in the SSI benefit. The Department or licensed public adoption agency should not deduct the SSI amount from the AAP benefit.

SB 84 Requirements

CDSS and the Department of Developmental Services (DDS developed an objective criteria for determining eligibility for supplements to the DAR as well as rate levels of the supplement.

Regional centers are to separately purchase or secure services that are in a dual agency child’s IFSP or IPP.

 

SB 84 Specifies That

The AFDC-FC rate paid for Dual Agency Children placed in licensed community care facilities that have been vendorized by a regional center, will be based on the facility Alternative Residential Model (ARM) rate established by DDS.

Neither AFDC-FC nor AAP benefits may be counted by the regional centers as benefits or gross income that can be calculated for the purposes of the Family Cost Participation Program requirements for regional center services.

Regional centers may not deny a dual agency child any service or reduce services based on receipt of AFDC-FC, AAP, or Kin-GAP benefits. AFDC-FC, AAP or Kin-GAP benefits are not a generic resource under the Lanterman Act.

A child is no longer eligible for the dual agency rate when the child no longer receives AFDC-FC, Kin-GAP or AAP benefits.

The AAP agreement (AD 4320) is signed by the adoptive parents and this information pertaining to the DAR is noted on the AD 4320. Upon or immediately before the child’s attaining age 18, the parents may request AAP to continue to age 21 under a new agreement.

Also, youth currently in Foster Care, Kin-GAP and eligible for the Extended Foster Care (EFC) Program and the Extended Kin-GAP program are eligible for dual agency benefits until the age of 21. Refer to Extended Foster Care (EFC) Benefits.

Rates

The rate effective July 1, 2007, in the amount of $2,006 and the supplement to the rate (that will not exceed $1,000), if applicable, per child, per month, for dual agency children;

• Are in a non-vendorized foster care placement or KG or AAP and
• Are consumers of regional center services.

For licensed community care facilities which have been vendorized by a regional center and providing care and supervision to dual agency children, AFDC-FC rates will continue to be based on the facility ARM rate established by DDS.

The following is a chart that explains how the DAR rates are determined for Foster Care, Kin-GAP and AAP (these are the initial rates effective July 1, 2011 and are subject to change July 1 of each year):

*For current DARs, see the Foster Care section of the Chart Book.

 

If the child is...	And has been receiving...	Then the rate...
Under the age of 3,	Services under CESISA prior to 7/1/07 and the current rate is lower than $898*	Is $898* effective retroactively to 7/1/07. There is no supplement to this rate.
Under the age of 3,	Services under CESISA prior to 7/1/07 and the current rate is higher than $898*	Continues to be paid at the higher rate until a change of placement initiates a redetermination of the rate or the child is no longer eligible.
Under the age of 3,	Services under CESISA on or after 7/1/07 and the regional center subsequently determines that the child is developmentally disabled.	Is $2006* from the date the developmental disability is determined. There is no supplement to this rate.
Over the age of 3,	Services under CESISA but has not been determined to be developmentally disabled.	Of $898* is discontinued at the end of the month the child turns 3 years of age. The rate would return to the basic FFH rate plus a specialized care rate, if applicable.1
A dual agency child	A rate lower than the $2006* amount prior to 7/1/07	Is $2006* effective retroactively to 7/1/07. A supplement to this rate may also be available.
A dual agency child	A rate higher than the $2006* prior to 7/1/07	Continues to be paid at the higher rate until a change of placement warrants a redetermination of the rate or the child is no longer eligible.
1For AAP cases, it is important to receive two sets of AAP payment instructions (AAP 2) when the CESISA rate is initiated. The first set of instructions will include the CESISA rate up to the month the child turns 3 years of age. The second AAP agreement is specific to the basic rate and eligible SCI rate following the child’s third birthday and is effective until the determination is made that the child is eligible for regional center services.

Dual Agency - Supplement to the Rate 

W&IC Section 11464 (c)(2)(A)

A supplement to the DAR up to, but not to exceed, one thousand dollars ($1,000) per month, is available. The rate is only for a dual agency child three years of age and older if the child in foster care placement, Kin-GAP or AAP is deemed to have a need for extraordinary care and supervision that cannot be met by the DAR.

The supplement rate structure has four levels ($250, $500, $750, and $1,000) based on the assessed severity of a dual agency child’s condition, but the amount of a supplement must not exceed one thousand dollars ($1,000).

Supplement to the Rate Determination

Social Workers must inform all recipients of AFDC-FC, Kin-GAP and AAP benefits and any prospective and new Foster Care Kin-GAP/AAP parents that the law authorizes a supplement to the DAR. The supplemental rate may not to exceed $1000 for children three (3) years of age 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 in order to make a DAR payment:

• For FC cases a signed SOC 158A

• For Kin-GAP cases the SOC 369A or the SOC 158A from the FC case is acceptable when the DAR was paid while in FC, stating the child is now a Dual Agency Child and the rate to be paid is either CESISA rate or the DAR
• A copy of the letter from the Regional Center stating the child is receiving services or a copy of the “Verification of a Child’s Dual Agency Status” form (SCZ 4A).

Continuing AAP cases where a new request and assessment for the DAR is performed will require a copy of the Regional Center letter with new payment instructions.

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.

Documents Required for the Supplemental Payment

The following forms completed and signed by the SW are required to be in the FC EW case file when an evaluation for the Supplement to the Rate payment is made, regardless if 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 is a Regional Center DAC or a CESISA child (under three years of age), the FC EW must:

• Request a copy of the letter from the Regional Center 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 Regional Center client. Maximum payment cannot exceed the current DAR plus the supplement (when approved) for any month
• For Foster Care and Kin-GAP end date any SCI amount presently being paid
• For Foster Care and Kin-GAP end date any Personal & Incidental (P&I) payment, a P&I payment is not allowed with this rate
• 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
• For AAP cases, the FC EW will receive an AAP 2.

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 grant the continuance of benefits from CESISA rate to the DAR. When the child is no longer serviced by the Regional Center then the dual agency status is immediately discontinued and the rate is returned to the applicable rate.

ExampleExample

 

Note: AAP rates cannot be changed unless there are new AAP 2 instructions to change the rate. If there is a question about the rate, notify the post-adoption SW unit.

Reassessment of the DAR Supplement

A supplement to the rate will remain in effect until the dual agency child is no longer eligible to receive regional center services or is no longer eligible for 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, eligibility for the DAR is based on the status as a recipient of AFDC-FC while being a regional center or CEISA consumer. Eligibility is not impacted by the placement in a FFA or non-FFA home. Dual agency 
children/NMDs placed with a 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 Regional Center (RC) is responsible for purchasing or securing services in the individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) for a child/NMD placed in a FFA RF home, the administrative rate for the FFA is the equivalent to 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 3 years (CEISA rate)	Over 3 years
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.

Related Topics

Aid Payments and State Administered Rates