New Federal Determination

ACLs 22-16 and 22-72, AB 640, WIC 388, 10553.1, 16000.6, 11400, 11401

When a foster care (FC) youth turns 18 and decides to remain in FC, a new federal eligibility determination is not made. This means a non-federally eligible youth remains non-federally eligible under the EFC program. A new determination of federal eligibility can only be made when a youth re-enters EFC.

Effective September 7, 2022, AB 640 allows a county, with the consent of the non-minor dependent (NMD) who was non-federally eligible before turning 18 years old, to file a petition (JV-469) with the Juvenile Court to dismiss dependency or transition jurisdiction and immediately resume that jurisdiction to establish the NMD’s eligibility for a new federal eligibility determination. This new process also applies to existing non-federally eligible NMDs (going back to September 7, 2022).

Ineligible NMDs

The County will not file a JV-469 petition to dismiss dependency if:
• The NMD is categorically ineligible for federal Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits (such as non-dependent, non-relative guardianships which may only receive state funding).
• The NMD is a member of a tribe or eligible for enrollment in a tribe and would likely become ineligible for services or supports, or have benefits disrupted if the county sought to establish eligibility for Federal Financial Participation.

Documents

The documents below are necessary for the process of establishing a new federal eligibility determination for NMDs.
•   A new "Voluntary Re-Entry Agreement for Extended Foster Care Participation" form (SOC 163) is needed to establish the consent of the NMD to file the petition.
•   "Petition and Order to Exit and Reenter Jurisdiction Non-Minor Dependent" form (JV-469). The juvenile court may grant this petition without the need for a hearing. Foster Care Eligibility (FCE) will not receive this document.
•   Once the petition is granted, a new "Mutual Agreement for Extended Foster Care" form (SOC 162) and "Statement of Facts Supporting Eligibility for AFDC-Extended Foster Care" form (FC 2NM) shall jointly be signed by the SW/PO and the NMD for the NMD's placement and care.
•   "Reentry Findings and Order" form (JV-471). This form validates the court's approval of the JV-469 and will be sent to the EW. The effective date is the date the judge signs the JV-471.
•   Placement change forms are not required unless there is a placement change.
•   If the NMD had established a transitional independent living plan before the granting of the petition, a new one is not necessary.

NMD Federal Screening Email

After screening the minor/NMD for federal eligibility, the Intake EW will inform the assigned Social Worker (SW), County Counsel, and the Placement Tracking Team (PTT) of the results by sending an email. When the minor/NMD does meet federal eligibility screening, the EW must send the prepared “NMD Federal Screening Email” to all parties listed above and copy FosterCareDEBSTriage@SSA.SCCGOV.ORG. This document, located in the EW Tools Folder/Resource/NewFedDeterm, includes the next steps in the determination process and ensures consistent communication among staff.

Payment

There must not be a break in payment or services before, during, or after the filing or granting of the JV-469 petition. Therefore, the effective payment begin date (with the federal aid code) is the date the judge signs the JV 471.

Workflow