Basic Eligibility Requirements

All NMDs must meet the requirements listed below:

• To be eligible to receive EFC, a non-minor youth must have had a court order for foster care placement on his or her 18th birthday (WIC 388). 
  • If no court dependency, a “Mutual Agreement for Extended Foster Care” form (SOC 162) will suffice as an authority for placement.
• Must have an open dependency court case.
• Have a signed and dated “Mutual Agreement for Extended Foster Care” form (SOC 162).
• Must meet the age requirement.
• Must be residing in an eligible placement facility such as:
  • A home of a relative, non-related legal guardian or foster parent,
  • Foster Family Agency (including Intensive Services Foster Care (ISFC) placement,

Important:

Refer to Intensive Services Foster Care for detailed description of ISFC placements

• A group home setting up to age 10 (or possibly later if there is a documented medical reason), 

• THP Plus Foster Care Program or

• In a SILP.

• Must be participating in at least one the following five education and employment conditions which include:

  1. The youth can be completing high school or an equivalency program and does not have to graduate before their 19th birthday.

  2. The youth can be enrolled in post-secondary school or vocational school.

  3. The youth can be participating in a program or activity that promotes or removes barriers to employment such as TILCP included in the TILP. The plan must be updated every six (6) months.

Note: Military participation (such as reserves or National Guard) may be included as a TILP goal.

              4. The youth can be employed for at least 80 hours per month and employment must be verified by the SW or PO and included in the TILP.

• Note: Earned Income is verified but not counted. The verification documentation is not necessary for the FC EW file. Unearned income is counted under the same foster care requirements as youths under the age of 18.

  5. The youth is incapable of enrollment in school or employment due to a documented medical condition. Documentation may include the verifications from SSI, SSA Disability, including award letters and Dual Agency verifications.

• Note: The CDSS recommends that a copy of the participation documentation when available, be kept in the FC EW files for audit purposes.

It is important to note that participation in EFC is not required for foster care youths that are 18 years old. They are adults and must agree to one of the participation requirements to be in EFC. When the youth turns 18 years old and chooses not to participate in EFC then the high school rule no longer applies and benefits terminate. FFY Medi-Cal rules apply. These youths may elect to participate in EFC at anytime before they are 21 years old.

Education and Employment Participation Conditions

Effective January 1, 2012, the continuing education requirements no longer applies to court dependent foster care youths attaining the age of 18.  Refer to Eligibility Up To Age 19. Instead to continue benefits the youth must meet one of the five education and employment conditions listed under Basic Eligibility Requirements be approved for EFC. The conditions must be verified by the youth’s Social Worker or Probation Officer and documented on the “Six-Month Certification of Participation” (SOC 161) form. This document certifies the NMD is currently in compliance and is expected to continue with compliance for the following six months. The SOC 161 is also used by eligibility to verify the NMDs are in compliance with the education and employment participation conditions.

Note: This rule does not apply to probate Legal Guardian cases and youths with Non-Dependent NRLG. For information related to Legal Guardians, refer to Extended Benefits for Non-Minor Living With Current Or Former Non-Related Legal Guardians (NRLG).

Initial SOC 161

Youth approaching 18 years old must be advised of their option to participate in EFC which must be included in their Transitional Independent Living Case Plan (TILP). The TILP must be reviewed at all of their six-month court review hearings. When the youth has turned 18, the SW/PO has until the date of the next review hearing to complete the initial SOC 161 to extend benefits. Below is an example of when the initial SOC 161 is needed:

ExampleExample

Note: At the initial intake, absence of the SOC 161 must not delay processing the EFC case.

Authority for Placement/Court Dependency

In order for a youth to be eligible for EFC court dependency must be active and it is the “Authority for Placement”.

Foster Care youths 18 years old and placed with a non-dependent NRLG established through juvenile court or supervised by probation, must sign and date the SOC 162 on or within the month of their 18th birthday. The SOC 162 acts as the authority for placement.

Note: Probation youths under rehabilitative orders are not required to sign the SOC 162, for more details regarding probation NMDs refer to Extension of Foster Care Juvenile Probation Department (JPD).

Transitional Independent Living Case Plan (TILP)

TILPs are to be developed for a youth who is between the ages of 15 1/2 and 16 by the SW/PO. TILPs are youth and NMDs case plans that must be updated every six months. The TILP describes the goals and objectives of how the NMD will make progress in the transition to living independence and assume incremental responsibility for adult decision making. The collaborative efforts between the NMD and SW/PO and supportive services are described in the TILP. Verification of the five eligibility conditions should be outlined in the TILP. FC EWs will use the “Six-Month Certification of Extended Foster Care Participation” form (SOC 161) as verification that a TILP has been established.

Temporary Breaks in Participation

School breaks such as summer and semester breaks do not affect eligibility as long as it is documented that the NMD is still in school. SOC 161 must be sent to FC EW every six months to avoid a disruption of payments. The SOC 161 should include a back up plan in the event the NMD has a change of circumstances like losing a job or quitting school. Federal funding cannot be paid for an unapproved SILP, therefore if the NMD moves and the placement is not approved, benefits must be suspended until the SILP is approved. The issue is currently under review by the state and is subject to change.

NMDs are adults and may exit EFC at any time. The court may order a “Trial Independence” where the court terminates dependency for a specific period. The NMD continues to be eligible without requiring a new determination. If the NMD wishes to return to EFC and has not reached the maximum age she or he can return to EFC but must agree to meet one of the five participation requirements.

Verification Requirement Under EFC

FC EWs must have the following documentation in the eligibility file in order to pay EFC benefits. Documents must be signed and dated by the SW/PO, NMD and the FC EW. Documentation from the SW/PO is required, except for AAP cases, when the NMD has a medical condition. Documentation for AAP cases remain in the adoption SW case file. Documentation is based on the placement type which includes of the following:

The following forms are required but may not be sent at the same time:

• “Mutual Agreement For Extended Foster Care” form (SOC 162) must be signed within six month after turning 18. The following are requirements for the SOC 162:
  • A NMD who is unable to make an informed decision regarding voluntarily remaining in foster care is not required to sign a SOC 162, it can be completed by the SW/PO.
  • NMDs in JPD at the age of 18 years old and are under rehabilitative orders are not required to sign the SOC 162. Upon completion of the rehabilitative goals, the SOC 162 must be signed to remain in EFC.
  • NMFD must sign the SOC 162 on or within the month of turning 18 years old.
• “Six-month Certification Of Extended Foster Care Participation” (form SOC 161),

Reminder: The SW/PO has until 6 months of the last hearing to submit the initial SOC 161. Approval of benefits must not be delayed due to absence of this form.

 

The following forms are only required when the particular placement applies:

• “Placement Agency - THP-Plus-FC Provider Agreement” (SOC 152),

Note: The SOC 152 is not required for the Eligibility File.

• “SILP Approval and Placement Agreement” (SOC 157A) and “SILP Inspection: Checklist Of Facility Health And Safety Standards” (SOC 157B).
• The “Foster Child’s Data Record and AFDC-FC Certification” (SOC 158A) but only when there is a placement change. The placement change will be defined under “Rationale Description”. The SW/PO will clarify the placement type. If the placement type is with a NRLG the SW/PO will clarify the following:
  • If there is a court dependency order,
  • The established guardianship date, and
  • “Voluntary Re-Entry Agreement For Extended Foster Care Benefits” (SOC 163) when benefits were terminated and the youth wished to re-enter.
  • “Level of Care Digital Scoring Form” (SOC 500)

Related Topics

Extended Foster Care (EFC) Benefits