Screening Of All Children and NMDs Before Exiting Foster Care

SB 187, AB 1331, AB 1633, WICs 13753, 13754, and 13757
California legislation requires counties to take specific actions on behalf of Foster Care (FC) children and non-minor dependents (NMDs) receiving Supplemental Security Income (SSI) before exiting FC. To ensure that these youth maintain their eligibility for SSI benefits, counties are required to:

Screen all dependent youth receiving FC benefits for a physical or mental disability, beginning at the age of 16 and continuing while in the Extended Foster Care (EFC) Program.
Submit an SSI application on behalf of those youth who are determined likely eligible for benefits.

At least six months before the youth’s 18th birthday:

Provide all dependent youth receiving FC benefits with information and assistance regarding the federal requirement to establish continuing disability as an adult.
Provide all dependent youth receiving FC benefits with information and assistance regarding the process of becoming their payee or designating an appropriate Authorized Representative Payee (ARP).
Inform all dependent youth receiving FC benefits about the effect (if any) that the foster care benefits may have on the amount of their SSI payments and ongoing eligibility requirements, and assist the youth in fulfilling these requirements.
Provide all dependent NMDs with information on how to access legal representation and advocacy organizations for additional assistance. If the NMD requests to obtain an SSI advocate, the county will assist the NMD with communicating and coordinating with the SSI advocate.

Screening

Initial Screening

Initial screening will be conducted when the child is at least 16 years old and not older than 17 years old. The goal of this change is to increase the likelihood that an initial Social Security benefits eligibility decision is made before the child reaches the age of 18. This age range should not preclude the county from screening individuals before the age of 16. Also, the county will conduct screening on behalf of a youth who is under the jurisdiction of a tribe if the tribe requests it.
Screening must also be completed for youth placed in a dependent non-related legal guardianship (NRLG). The Analyst must assist the legal guardian in filing for Retirement, Survivor, Disability Insurance (RSDI)/SSI benefits to enable the LG to become the Authorized Representative Payee (ARP) if the benefits are approved.
To eliminate duplicate applications, every youth over the age of 16 but under 21 must be screened by a Social Worker (SW) or Probation Officer (PO); however, the Analyst makes the final determination to apply.

Note: It is the County’s responsibility to contact the SSA to have the suspended benefits reinstated once the young adult exits from FC or dependency is terminated.

Non-Minor Dependent (NMD) Screening

The county will also screen an NMD if any of the following are true:

The youth was not screened before their 18th birthday as required.
The NMD has had a change of circumstance, including a medical condition that is expected to last more than one year.
The NMD has been approved for Regional Center services since the last screening.
The NMD, their court-appointed attorney, or a member of their child and family team (CFT) requests screening.
The juvenile court orders the county to screen the NMD.
The county determines that screening is appropriate based on the NMD having a physical or mental impairment that limits their ability to work.

If the NMD is likely eligible for SSI benefits and consents to the application, the Analyst will apply on the youth’s behalf.

Reminder: Youth who are ineligible for SSI may be eligible for the Cash Assistance Program for Immigrants (CAPI).

Counties must continue to follow WIC 13757(b), which states that the county shall, if necessary, forego federally funded Aid to Dependent Children-Foster Care (AFDC-FC) and use non-federal AFDC-FC to fund the youth’s placement in the month of SSI application or the month after making an application, and to subsequently reclaim federally funded AFDC-FC, to ensure that the youth meets all the SSI eligibility requirements in a single month while the application is pending.

Rescreening At Reevaluation

Children who were initially screened, but not referred for an SSI application, should be rescreened at least annually when they reach age 16 or older, or whenever there is a change in circumstances that leads to a change in physical and/or emotional conditions, which may make the child potentially eligible for SSI. Youth applications that were deferred due to a lack of citizenship or qualified immigrant status must be rescreened when the status is updated.

Process

1. SW/PO

Screens the case using the SSI Screening Guide, Section A - Disability Screening form (FC 1633A). The FC 1633A is included with the RE documents.

2. FC EW

Receives the RE documents and reviews the FC 1633A.
Completes the SSI Screening Guide, Section B - Financial Eligibility form (FC 1633B).
Forwards a copy of the completed FC 1633A and FC 1633B, along with the Referral for SSI Review form (SCD 1633), to the Analyst.
Summarizes action taken in a Journal and enters the "FC Potential SSI Child" case flag in CalSAWS.
Sends all documentation to Imaging.

3. Analyst

Receives the referral and reviews the case.
Determines if the child meets all the criteria for SSI eligibility.
Documents the decision on the Referral for SSI Review from (SCD 1633).
Assists the legal guardian, if applicable, in completing the Request To Be Selected As Payee form (SSA-11-BK).

Important: When no response is received from the assigned SW/PO, follow the SSI Application Escalation Process.

Required Forms

The forms below are used to assist in the tracking process and are available in the DEBS Forms Library.

Form	Form Name	Description
SCD 1633	Referral for SSI Review	This is a county-developed form designed to facilitate the coordination of necessary processes during the SSI review. It also serves as a reminder of the required flags to be entered in CalSAWS.
FC 1633A	SSI Screening Guide Section A - Disability Screening	This is the initial screening tool used by the SW/PO.
FC 1633B	SSI Screening Guide Section B - Financial Screening	This form is to be completed by the Analyst.
FC 1633C	SSI Screening Guide Section C - Application Information	The Analyst completes this form once the case has been evaluated.
FC 1633D	SSI Assessment Tool	This form is used only by the Analyst once a case has been determined to be potentially eligible for SSI. This form assists in determining if the application should be “Fast Tracked.”