Extended Benefits for Non-Minor Living With Current Or Former Non-Related Legal Guardians (NRLG)

In order for a NM to be eligible for extended benefits the guardianship must have been established through Juvenile Court. NMs whose guardianship was established in Probate Court are not eligible for extended benefits, however, they remain eligible under the existing high school rule and are entitled to benefits up to the age of 19 when still in high school at 18 years.

Probate Guardianship

Youth approaching age 18 who are living with a NRLG established in Probate Court and receiving non-federal benefits continue to be eligible under the high school requirement. These youth may continue to receive aid up to their 19th birthday if they remain in the same guardian’s home provided they are attending high school, vocation or technical training on a full time basis. They may also be in the process of pursuing a high school equivalency certification and are reasonably expected to graduate/complete the program prior to their 19th birthday.

They must sign the “Mutual Agreement For 18 Year Old” (SOC 155B) in the month the youth attains 18 years old to remain eligible for benefits. Refer to School Enrollment and Attendance - 18 Year Olds not Eligibile for AB 12.

These youths are not eligible for extended NRLG benefits under AB 12.

Juvenile Court NRLGs

Former dependents or delinquent FC youth who are under the supervision of JPD and placed with NRLGs are eligible for extended benefits under AB 12. Beginning January 1, 2012; In order to be eligible for extended NRLG benefits a NM who formerly lived with a Juvenile Court appointed NRLG must meet the eligibility criteria. The criteria includes age, education and employment participation, an established TILP, the signing of the SOC 162, and to be in an eligible placement.

Reminder: The information in this section also applies to federally eligible youth living with a fictive relative, who do not have a documented mental or physical disability and were under age 16 when the Kin-GAP negotiated agreement became effective.

Age

In order to be eligible for extended NRLG benefits the youth must have been receiving non-federal AFDC-FC benefits on his/her 18th birthday on or after January 1, 2012.

Former NMs placed with NRLGs may re-establish benefits but must be under the age limit to re-enter the extended NRLG program.

Education and Employment Participation Conditions

The Education and Employment Participation Conditions must be verified by the SW/PO and documented on the SOC 161 form. This document certifies the NM is currently in compliance and is expected to continue compliance for the following six months. The SOC 161 is also used by eligibility under the same rules as FC youths in the EFC [Refer to “Basic Eligibility Requirements,” page 39-3]].

Case Plans for NRLG NMs

The six month NRLG assessment and case plan update requirement continues with this population. The scheduled monthly visits with the SW/PO also continues for NM with NRLGs. Upon completion of the TILP the SW/PO must send the
SOC 161 to FC EW.

Authority For Placement

The NM who wishes to remain eligible for extended NRLG benefits must complete and sign the SOC 162, prior to or within the month of attaining age 18 (this is different from youth in the Foster Care EFC Program). The SOC 162 provides the county with the authority for placement and specifies the services that the county agency agrees to provide to the NM.

Note: Youths extending benefits with NRLGs that complete the SOC 162 at 17 years and ten months, once the NM turns 18 years old the SOC 162 must be initialed and dated.

Returning To NRLGs

When the NM stops participating or leaves the care and support of the NRLG or is otherwise ineligible for benefits and subsequently wishes to return to the guardian’s care and support this is a new eligibility episode. The NM must sign a SOC 163. The SOC 163 specifies his/her intention to return to the NRLG and comply with the program requirements and conditions.

The signing of the SOC 163 is the earliest possible beginning date of aid (BDOA). The BDOA is the day the NM returns to the care and support of the NRLG, whichever occurs later, provided all other eligibility criteria are met. No subsequent court petition is necessary for this population.

Eligible Facility

NMs eligible for extended NRLG benefits are not eligible for EFC placement options, including SILPs, and generally must live with their NRLG to receive payments. These NMs may live in a college dorm or other setting as required to access education/employment opportunities, as long as the former guardians maintain support of the NMs.

Generally the NRLG will receive the NMs benefits unless the NM can satisfy the conditions to be their own payee. The NM must be temporarily absent under the following conditions:

Attending college,
Vocational training,
Work training, and
Attending a training institution.

Note: This option does apply to NMDs in a foster care placement under the EFC Program.

As long as the NRLG remains the payee they must sign the “Rights, Responsibilities and Other Important Information” form (SAWS 2A) and any other required documents under the existing NRLG policy.

County Responsibility

Unlike EFC, the County of Payment and SW/PO for the remaining and returning NM in receipt of extended NRLGs benefits is the current COUNTY OF RESIDENCE of the NRLG. The county must initiate an Intercounty Transfer (ICT) by following the ICT protocol outlined in “Jurisdiction Transfers to Another County, When to Initiate an ICT,” page 29-6. As a part of the ICT the Letter of Guardianship must be included.

Eligibility Determinations

NMs who were formerly with a NRLGs can voluntarily re-enter the extended NRLG Program after turning 18, but under the age of 21. These NMs are only eligible for non-federal benefits.

When the NM returns to the former NRLG a new eligibility determination is required to ensure the NM is in an eligible placement. The SOC 163 must be signed and dated and include the initial participation qualifying activity. Eligibility must also verify the NM was in receipt of benefits on his/her 18th birthday.

When determining eligibility for re-entry, only the NM’s income, property and circumstances are to be considered without regard to the parents/NRLGs or others in the assistance unit in the home.

Note: The $10,000 property and TILP income exemptions apply.

The authority for placement is met by the signing of the SOC 163 by the NM, SW/PO and the SW/PO’s supervisor.

Once the former NM and the SW/PO complete the SAWS1, FC 2NM, and a copy of the SOC 162 or 163 should be forwarded to FCE along with a completed SOC 158A in order for eligibility to be determined. These forms must be maintained in the eligibility file.

The SOC 162 is the only document required for NMs extending NRLG benefits until the redetermination date. It must be completed within the month of turning 18.

Re-Entry for NRLG Non-Minors

The following categories of youth may seek re-entry for Foster Care:

A non-minor former dependent (NMFD) whose legal guardian received aid after the youth attained 18 years of age under a NRLG,

Whose guardianship was established in juvenile court
Whose guardians died after the NMFD attained 18 years of age, but before he or she attains 21 years of age.
Whose former guardian no longer provides ongoing support to and no longer receives aid on behalf of the NMFD after the NMFD attained 18 years of age but prior to attaining 21 years of age.
A youth who entered into a NRLG but did not receive NRLG payments because he or she was receiving SSI or other income from the federal Social Security Administration (SSA).

Once the petition is filed and the court determines the non-minor meets one of the conditions for re-entry, a hearing will be scheduled within 15 judicial days. If re-entry into foster care is in the non-minor’s best interest, the court will assume dependency jurisdiction over the non-minor and order placement and care responsibility with DFCS or Probation. The non-minor will sign the SOC 163.

Redetermination (RRR)

The NM is responsible for completing the FC 2NM as a part of the annual redetermination of eligibility. The NRLG is required to complete the SAWS 2 Plus as long as they remain the payee.