Overview

MPP 40-188

Under certain conditions, child welfare service cases may be transferred to other counties. The California Rules of Court and the California Welfare and Institutions Code (WIC) provide guidelines for Inter-County Transfers (ICTs). California counties agreed to a statewide ICT Protocol, which was approved by the County Welfare Directors Association (CWDA). This protocol guides the transfer of minor and non-minor foster care (FC) cases across California.

The Foster Care (FC) ICT process involves steps for the Social Worker (SW) or Probation Officer (PO), and the FC Eligibility Worker (EW). For the transfer of the payment file (eligibility), the EW mails a hard-copy packet to the new county of jurisdiction (the receiving county).

County of Responsibility

The county with legal custody of a child, either by court order, relinquishment, or through a voluntary placement agreement, is responsible for the Foster Care payment, regardless of where the child is physically placed, unless the child is receiving aid in another county or falls under the jurisdiction of another county.

Transfer Period

EAS 40-187.11, 40-187.12

When the juvenile court transfers jurisdiction of a dependent child to another county, the receiving county accepts responsibility as of the date it receives and files the order accepting the transfer. The ICT 30-day transfer period begins with the postmarked date of the Notification of Foster Care Transfer form (FC 18). The transfer period ends at the end of the month following the ICT notification, or the end of the month in which aid is discontinued for cause, whichever is earlier.

When the first business day falls on a Saturday, Sunday, or a legal holiday, the first business day after the weekend or holiday is considered the last day of the 30-day transfer period.
The transfer of responsibility may occur earlier by mutual agreement of the counties involved.

Loss of Eligibility During the Transfer Period

“When an intra-program status change occurs during the transfer period, the first (sending) county is responsible for determining continuing eligibility and the aid payment until the end of the transfer period.” EAS 40-183.1 defines an intra-program status change as “A change in status from one part of the same program and changes between CalWORKs and Aid to Families with Dependent Children-Foster Care (AFDC-FC), or AFDC-FC and Kin-GAP, or CalWORKs and Kin-GAP.” EAS 40-183.5 and 44-317.6 provide additional information.
The first (sending) county discontinues the ICT process when a child:

Loses eligibility to AFDC-FC or Kin-GAP, but is potentially eligible to CalWORKs, or
Is receiving CalWORKs, but becomes eligible to Kin-GAP or AFDC-FC.

The sending county processes the intra-program status change and then determines whether to initiate an ICT.

Example: A child in relative placement is receiving FC in the sending county. The Court transfers jurisdiction to the receiving county, and the sending county initiates an ICT. During the transfer period, the child loses eligibility to AFDC-FC/ARC.
The sending county discontinues the ICT process and completes an intra-program status change to CalWORKs. The sending county determines that an ICT is not appropriate because the child and their relative caregiver reside in the sending county.

Foster Care Eligibility ICT Transfer Denied/Discontinued Dependency Case

When jurisdiction is transferred for a dependent child with denied/discontinued FC eligibility case, the sending county will send a courtesy ICT upon the request of the receiving county. In the “Comments” section of the FC 18 form, include the notation: “Courtesy Packet.”

If the...	And the...	Then the...
Child ran away from the placement without leave (AWOL) status	Child ran away during the transfer period of the ICT Packet	Sending county will discontinue payment and continue processing the ICT in accordance with county policy and protocol.
	Child runs away before the transfer of the payment case, but court jurisdiction has already been transferred Note: If one child runs away before the hearing, the payment case cannot be transferred until the child is located and placed.	Sending county sends a courtesy ICT upon request of the receiving county.
Sending county denied or discontinued the FC eligibility case	Denial or discontinuance occurred before the transfer of jurisdiction	EW processes a courtesy ICT upon the receiving county's request.
Note: The sending county will also send a courtesy ICT packet for any other reason upon request of the receiving county.

Escalation Process

Any questions concerning the ICT case must be addressed to the EW of record in the sending county. Counties are expected to respond to ICT questions from other counties within 7 working days. Failure by the sending county to respond to EW requests within 7 working days should be escalated to the EW Supervisor. The EWS will attempt to contact the EWS in the sending county to resolve any outstanding issues.