Placement Option For 16 to 18 Year-Old Dependents Placed In A Dormitory

[ACL 18-135, AB 766, WIC 11402, 11402.7]

Prior to the passage of AB 766, a small percentage of the population of dependent minors who were eligible to begin college were not permitted to be placed in a college dormitory or other post-secondary educational institution housing prior to turning 18.

Effective January 1, 2018, these dependent minors may reside in a dormitory or other designated post-secondary educational institution housing when the living arrangement is made as part of the youth’s TILP. For purposes of this program, Job Corp housing is equivalent to post-secondary educational institution housing.

Eligibility and Housing Requirements

Youth may receive the AFDC-FC payment directly if the eligibility and housing requirements listed below are met:

The minor is enrolled in a post-secondary educational institution and
The minor is living independently in a dormitory or other designated housing of the post-secondary educational institution and
The placement is made pursuant to a supervised placement agreement and TILP.

Important: Minors who are receiving court ordered family reunification services shall not be eligible to live independently if the court finds that such placement would impede reunification efforts.

Note: AFDC-FC payments received by a minor shall not be counted as income by any California public or private post-secondary institution for the purpose of establishing financial aid determination.

Dormitories, other designated university/college housing and Job Corps are exempt from the health and safety checklist as these placements have already been approved by the post-secondary institutions for safety standards and therefore are not required to be pre-approved by the court or the county.

Placement Agreement Form

A new supervised placement agreement form specific to 16-18 year old youth will be made available in the future by the state. In the meantime, the social worker will complete a “Supervised Independent Living Placement (SILP) Approval and Placement Agreement” form (SOC 157A) indicating that the youth will be residing in university/college approved housing. The assessment for the TILP must be updated every six months.

Funding and Rate

Federal financial participation for a minor in this type of placement shall not be available. This means the aid code must be changed to non-federal for a federally eligible youth. After the youth turns 18 and is under EFC rules, a non-minor dependent residing in a dormitory or other independent housing as part of a supervised independent living plan, may receive federal IV-E funding.

The rate to be paid is the same rate as a non-minor dependent in a SILP (the same rate as the LOC Basic Rate). Refer to Charts Handbook for current rates.

Documentation Required for Payment

An updated “Foster Child’s Data Record and AFDC-FC Certification” form (SOC 158A) and a SOC 157A are required to make the payment.

CalSAWS