County of Responsibility

[40-125.8]

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

The manner in which a county begins its payment responsibility depends upon the child’s circumstances at the time of placement in foster care or when a change in programs is necessary.

Note: A court order making a child a dependent does not affect the determination of county of payment responsibility for a child receiving CalWORKs who resides in the state.

Physical Presence

[EAS 40-125.3]

The county of payment responsibility for a child receiving CalWORKs who resides with a parent or caretaker relative without a dependency order (including a related legal guardian) is the county in which the child is physically residing.

A needy caretaker relative of a child who is receiving Foster Care from a county other than the county in which the caretaker relative lives shall normally receive CalWORKs from the county in which they actually reside. Counties may, however, by mutual agreement, consider for purposes of the CalWORKs payment, that the county which has jurisdiction of the foster child will also be responsible for the CalWORKs payment.

Voluntary Placement

[EAS 40-125.82]

The county of responsibility for a child accepted for voluntary placement by a county welfare department or a licensed public or private adoption agency is the county in which the agency which accepted the voluntary placement is located.

Court Ordered Placements

The county which has court jurisdiction is responsible for providing both services and the Foster Care payment. Jurisdiction is based upon the residence of the custodial parent.

Refer to “County of Responsibility [40-105.8.

When the juvenile court transfers jurisdiction of a dependent child to another county, the receiving county accepts responsibility as of the date they receive and file the order to accept transfer. The eligibility case is transferred as per the procedures. Refer to County of Payment Responsibility and Initiating an ICT, Sending County’s Procedures [EAS 40-188.135].

If the Santa Clara County court orders placement of a state child with relatives in another county, and the child is not on aid in Santa Clara County, the application for CalWORKs shall be made in the other county.

Note: If Santa Clara County takes a courtesy application, it is to be forwarded to the other county for processing.

Legal Guardianship Placements

The county of responsibility in legal guardianship cases is the county of residence of the legal guardian, if the child is not a dependent of the court. If a child moves with their guardian to another county, an intercounty transfer shall be initiated.

Reminder: If the non-related legal guardian moves to another state, eligibility for Foster Care ceases.

Foster Care Rates

Foster Care rates of county licensed foster family homes are established by the county in which the foster home is located.

If the foster parents move out of the county, the foster family must be licensed in the new location.