Re-Entry Into Extended Foster Care (EFC)

To be eligible to re-enter FC and be eligible for benefits, the youth must have had a court order for foster care placement or court dependency on his or her 18th birthday on or after January 1, 2012, and terminated court dependency after age 18.

Requirements For Re-Entering EFC

The former FC youth must be under age of 21.
The former FC youth must have been under a foster care placement order on their 18th birthday.
The former FC youth must agree to meet the educational and employment participation conditions.
The former FC youth must complete the “Voluntary Re-Entry Agreement For Extended Foster Care” (SOC 163) which acts as an Authority for Placement, followed by a resumption of juvenile court jurisdiction.
- Note: Completion of the SOC 163 begins the process for filing a 388(e) petition to either resume dependency jurisdiction, or to resume or assume transition jurisdiction, as appropriate.
The former FC youth must be in an eligible placement facility.

In addition to the above criteria the SW/PO has 60 days from the date of the resumption of jurisdiction to develop a TILCP, including the TILP with the former FC youth.

A former FC youth who is undocumented is eligible for re-entry into the EFC under the state funded program.

Note: The FC EW will not receive a copy of the TILCP or the TILP, it is documented on the SOC 161.

County Responsibility

The county that had jurisdiction over the former FC youth before exiting FC maintains the payment responsibility, SW/PO supervision and general responsibility or general jurisdiction over the non-minor (NM).

County of Jurisdiction

The NM must contact the county with jurisdiction to reinstate benefits. All requests for reinstatement are first submitted to the AB 12 SW unit or to JPD. The NM must complete an “Application For Cash Aid, Food Stamps, And/Or Medi-Cal/34-County CMPS” (SAWS 1), “Statement Of Facts Supporting Eligibility For AFDC-Extended Foster Care (EFC)” (FC 2NM) and SOC 163. The SOC 163 represent the earliest date of payment.

Additionally the SW/PO must assist the NM in completing the JV 466 and JV 468 petitions at their earliest convenience so the SW/PO can file the 388(e) petition within 15 judicial days to petition the court for resumption of jurisdiction over the NM. The SW/PO may also consider completing the “Emergency Assistance Application” (EA 1), if an emergency exists. The appropriate placement agreement should be completed at the time of placement.

The SW/PO must forward the completed SAWS 1, FC 2 NM, EA 1 (if applicable) and a copy of the SOC 163 along with an updated “Foster Child’s Data And AFDC-FC Certification” (SOC 158A). These documents must be maintained in the eligibility file.

County of Residence Providing Courtesy Supervision

The NM may contact the county of residence, which may not be the county of jurisdiction (payment county) to request re-entry to FC. The county of residence may provide courtesy supervision and will assess the NM circumstances and assist in completing the necessary forms to reinstate FC. The county of residence must fax or email the forms the same day to the county of jurisdiction.

The SOC 163 represents the earliest possible Beginning Date Of Aid (BD0A) and must be signed by the county of residence for county of jurisdiction. It is imperative that the county of residence transmit the SOC 163 to the payment county immediately. The county of residence must maintain a courtesy copy of the form. The county of jurisdiction must fax or scan and return the fully executed copy of the SOC 163 back to the county of residence. If the county of residence places the NM, a copy of the placement agreement is sent to the county of jurisdiction.

Once the forms have been completed, the county of residence must forward the SAWS 1 or SAWS 2 Plus, FC 2 NM, EA 1 (if applicable) and a copy of the SOC 163 to the county of jurisdiction. The SW/PO will forward the documents to the EW along with an updated SOC 158A. These forms must be maintained in the eligibility file

County of Residence NOT Providing Courtesy Supervision

When the NM contacts a county of residence that does not provide courtesy supervision the county must immediately assist and provide blank copies of the SAWS 1, FC 2 NM, EA 1 (if applicable) and SOC 163. The residence county must assist the NM in determining the county of jurisdiction and completing the required documents for re-entry. The county of residence must also allow the NM to phone the point of contact in the county of jurisdiction in order to begin the application process. It is the county of jurisdiction’s responsibility to assess the circumstances of the youth’s request for placement and care in a timely manner.

Once all the necessary documents are completed, the SW must forward the SAWS 1, FC 2 NM, EA 1 (If applicable) and copy of the SOC 163 along with an updated SOC 158A. These forms must be maintained in the eligibility file.

Note: The County Welfare Directors Association has agreed to create a list of local contacts and post it on its website. The contact for SCC is the DFCS ILP Main Number which is (408) 472-7288.

Currently SCC does not offer courtesy supervision for NMDs but may offer it at a later date.

Eligibility Determination For New Episodes Of EFC

Youth who voluntarily re-enter FC after turning 18 years of age following the dismissal of dependency are considered to be entering a new FC episode. Therefore, a new eligibility determination is required. When determining Title IV-E eligibility, the AFDC linkage must still be satisfied. The AFDC eligibility determination is based on the youth’s status as an adult. Only income and property of the NM is considered, without regard to the parents, legal guardians or others in the assistance unit in the home from which the youth was originally removed as a younger child, or any relatives the youth is currently residing with. Deprivation is met so long as the youth is NOT living with a biological or adoptive parent. Authority for placement is initially met by signing and dating the SOC 163 by the NM, SW/PO and their supervisor. The SOC 163 is maintained in the court, SW/PO and eligibility file.

Note: When the NMD exits EFC under the CalWORKs program and later applies for re-entry to the EFC program, it is no longer a CalWORKs case. Re-entry only applies to EFC is a new FC episode.

Authority For Placement

In order to re-enter FC and receive EFC benefits, the NM must sign a SOC 163 with the county of jurisdiction and either simultaneously or subsequently complete a JV 466 and JV 468 (The judicial petitions needed for re-entry to EFC). This process is completed by the SW/PO. The SOC 163 is the document the youth signs specifying his or her intention to re-enter EFC and comply with program requirements and eligibility conditions. The SOC 163 is the authority for placement for youths re-entering EFC.

The signing of the SOC 163 for youths re-entering EFC is the earliest possible BDOA. The BDOA is the day the youth and county signs the SOC 163 or the day the youth is placed in an eligible facility, whichever occurs later, provided all other eligibility criteria are met, even when dependency is established at a later date.

The signing of the SOC 163 for EFC acts as a “Voluntary Placement Agreement”. The court order must be finalized and include the “Best Interest Finding” along with a participation requirement within 180 days/six months of signing the SOC 163 or EFC benefits must be terminated.

Court Retention of General Jurisdiction over NMDs

Beginning January 1, 2012, there are three status types for NMDs which are dependency, delinquency and transition jurisdiction. Transition Jurisdiction is a new type of jurisdiction created for JPD youths. Transition jurisdiction allows JPD youths who have completed their probation and no longer require delinquency jurisdiction to remain under court supervision.

When a NMD wishes to exit EFC from DFCS or JPD, a court hearing will be held to terminate dependency, delinquency or transition jurisdiction. Beginning January 1, 2012, after dependency, delinquency or transition jurisdiction is terminated, the court retains general jurisdiction over the NM. This will allow the NM to file a petition and resume dependency at a later date while still under the maximum age limit for EFC.

The Petition Process

The SOC 163 serves as a valid authority for placement for no more than 180 days. The SOC 163 is considered a voluntary placement until a court order is obtained. Once the SOC 163 is completed a court hearing should be filed within 15 judicial days. This is not required for federal or state eligibility however, the court must make the “Best Interest Findings” and include a participation requirement before the 180 days expire for continued federal or state eligibility.

A copy of the fully executed SOC 163 and a copy of the termination of jurisdiction (Findings and Order After Hearing To Consider Termination of Juvenile Court Jurisdiction Over A Non-Minor or JV 367) court order from either DFCS or JPD must be submitted to eligibility to determine the correct funding. In addition, a copy of the court order resuming dependency when obtained should be forwarded to eligibility. All supporting documentation determining federal or state funding must be maintained in the eligibility file.

Transitional Independent Living Case Plan For Re-entering NMs

Every NMD will have a case plan which includes a TILP. The TILP must document which participation condition the NMD will be participating in that should include a back-up plan. The TILP is not sent to eligibility but the SW/PO must send the SOC 161 to eligibility no later than the month following the month the completion of the TILP. Copies of back-documentation that support EFC participation must be maintained in the SW/PO file. CDSS strongly suggests that the back-up documentation also be kept in the eligibility file.

Note: When the SOC 161 is not received after 60 days, eligibility must follow up with the AB 12 unit or JPD.

Eligible Facilities Placement Types

The NMD must be placed in an eligible licensed or approved FC facility in order to be eligible for payment. The NMs that re-enter EFC have the same placement options that were previously available except they cannot return to extended CalWORKs.

Placement in a GH are limited up to the age 19 years old and for the completion of high school (unless the NM has a disability in which GH placements can be considered).

When the placement consideration is in a licensed or approved FFH or with an approved relative and the home has dependent minors, the county may elect to do a background check on the petitioning NM. This information would be included in the court report. The existence of a criminal conviction does not bar the court from resuming dependency or transition jurisdiction; the background check is solely for the purpose of determining the appropriate placement.

Health and Safety codes section 1522 and 1522.1 require that adults residing in a CCF, including licensed FFHs, are subject to criminal background clearances. However, these sections do not apply to NMDs residing in CCFs, including licensed FFHs because they are considered clients. This also applies to NMDs with relative and non-related extended family member homes.

Re-Entry Forms

FC EWs must have the following additional documentation in the eligibility file in order to approve re-entry to the EFC program. The documentation will depend on the placement type. The same documents required under the EFC program is the same required documents under the re-entry program with the additional re-entry documents that include an updated SOC 158A, SOC 163, FC 2NM, SAWS 1 or SAWS 2 Plus, EA 1 (if applicable), and the JV 367 (Termination of Jurisdiction order). Once the TILP has been established the SOC 161 must be sent to eligibility. After the court hearing that reinstates dependency, the court order reinstating dependency must be sent to eligibility.

Reminder: Effective October 2019, the “Determination of Federal AFDC-FC Eligibility for NMD” form (FC 3NM) is now required by the state.