Review to Establish Continued Eligibility

New SOC 161s must be forwarded to FC eligibility every six months. The SOC 161 must be received by the end of the month following the month in which the next SOC 161 is due.

ExampleExample

NMDs are subject to the same annual Foster Care and Medi-Cal redetermination process as foster care children under 18 years old, there is no Federal AFDC-FC eligibility redetermination required.

Termination of EFC

Per All County Letters 18-15 and 18-89, when the payment will terminate due to the NMD aging out, the payment will cease no later than the day before the NMD’s 21st birthday. Retroactive discontinuance or overpayments shall not be applied.

If a court terminates a NMD’s case prior to the NMD’s 21 birthday, the case would be terminated effective the date of the court hearing.

Note: In situations where the court holds the termination hearing prior to the youth’s 21st birthday but makes it effective the date of the NMD’s birthday, then the EFC case would be terminated the day before the NMD’s birthday.

CalWIN

CalWIN now closes the EFC case the day before the youth’s 21st birthday. Workers no longer have to use Systems Announcement (SA) 337 for work-around instructions on manually closing the EFC case.

Exception: AAP youth receive their benefits up to the end of the month they turn 21.

The following are conditions for discontinuing EFC benefits:

• The NMD may request termination at any time,
• The NMD no longer resides in an eligible facility, and
• The NMD does not agree to live in an approved or licensed setting.
• For NRLG, AAP and Kin-GAP where there is no court dependency, benefits will terminate when the NMD or NMFD is longer being supported by the NRLG, AAP or Kin-GAP provider.

The SW/PO will direct EWs to issue a NOA to the payee, to the NMD and to the NMD’s attorney of record (if any) when benefits are terminated. A ten-day NOA is not required. The SW/PO will provide the FC EWs with NMD’s attorney’s name and mailing address. 

Copies of the ALL NOAs issued by eligibility must be sent to the SW/PO.

Note: Per Santa Clara County Legal Counsel, it is not necessary to obtain a “release of information” from the NMD to send NOA terminating benefits to their attorney of record. It is a statutory mandate.

Appeals Hearing

When the NMD wishes to remain in EFC but there is a dispute between the NMD and the SW/PO with regard to whether the NMD is meeting one of the five participation conditions, the juvenile court must make a finding on whether or not the NMD is participating.

The NMD can request a hearing at any time.

Payments must continue until there is a court ruling.

Exiting and Re-Entry to EFC

NMDs can exit foster care any time.

A termination of jurisdiction (or a court hearing) is required.

A period of Trial Independence may be ordered, which terminates dependency for a specified trial period. If the NMD re-enters EFC the youth may continue to be eligible without a new determination. If it is a new placement, the required forms for new providers are necessary.

NMDs can also return to foster care if they have not reached the maximum age of EFC. A new intake is required. [Refer to “Re-Entry Into Extended Foster Care (EFC),” page 39-39]].

Child Support Referrals

A child support referral is not required for any NMD over age 19. The SW/PO will complete a “Child Support - Good Cause for Noncooperation” (CW 51) for NMDs that are 18 and NMDs with children.

Earned/Unearned Income

Earned Income

NMDs may work at least 80 hours per month under their TILP. This income is exempt. NMDs may retain resources with a combined value that does not exceed $10,000. Although withdrawal of savings for a FC youth requires written approval, that requirement does not pertain to NMDs as they are adults.

NMDs may also participate in the Intern & Earn program. This program is an ongoing youth employment initiative administered by CWES that serves Foster Care, CalFresh and CalWORKs youth. This program provides year-round workshops and paid summer employment. Effective summer 2019, Intern & Earn position will provide up to 30 hours of work per week at $16/hour for up to 8 weeks between the months of June and August. This income is also exempt.

Reminder: Any income from military participation is disregarded for eligibility determinations.

Unearned Income

Unearned income is treated the same as the current practice for foster care youths. Monthly recurring unearned governmental benefits such as Social Security benefits or Veterans Benefits, are considered to be available in the month the payment was intended, rather than when actually received. When the income is received the following criteria is considered:

• The receipt date of the income varies because the mailing cycles causes two payments to be received in one month and none in the preceding or following month,
• The source of the income is a governmental benefit program, and
• The income is unearned and recurring.

Wraparound

Wraparound services require the same requirements as youths in FC. NMDs must continue to meet the eligibility requirements under the program participation criteria and be at risk of GH placement in GH level 10 or higher. When they are currently in a GH they should be transitioned into a lower level of care within the next 3 months.

Wraparound is voluntary and may be terminated at any time.

Medi-Cal will continue in the current aid code.

Informing Requirements

Before FC youths turn age 18 and are approaching 17 years and 5 months of age, the SW/PO must work with the youth to develop case plans and TILPs that include goals and services that will enable the FC youth to meet one of the participation conditions for EFC. FC youths that turned 18 years of age in 2011 or will be turning 18 years of age in 2012 and are currently in FC must be informed of EFC since the high school requirement with the expectation of graduation before their 19th birthday no longer applies for youth only in foster care. The high school rules remains in effect for Kin-GAP youths and probate youths with legal guardians not eligible for extended care.

The informing requirement is done by DFCS. They have established a new DFCS unit specifically for AB 12.

CalWORKS

FC Youths on CalWORKs who turned 18 years of age in 2011 and court dependency has not terminated are eligible for EFC. If the youth wants to continue benefits beyond 18 years of age he/she must be evaluated for EFC and must meet one of the five conditions of eligibility. The youth must be living with an approved relative and was not eligible for AFDC-FC. The FC Triage Unit will identify this population and refer them back to the AB12 unit for processing.

NMDs receiving EFC under the CalWORKs program are eligible to transfer to SILP placements. When a SILP is approved the NMD’s CalWORKs case is closed and a new case is opened by FCE. The NMD is no longer a CalWORKs client, the eligibility case must be monitored by FCE.

To be eligible for the EFC under the CalWORKs program:

• The NMD must be living with an approved relative caregiver as determined by a SW/PO when the relative is not eligible for AFDC-FC.
• The NMD must sign and date a Mutual Agreement (SOC 162). The SOC 162 must be signed by the NMD on or within six months after the NMD’s 18th birthday.
• The NMD must cooperate with the six-month review hearing/certification (SOC 161).
• The SOC 161 must be sent to eligibility every six months. If it is not received, eligibility must contact the Social Worker Supervisor of the AB 12 unit.
• The NMD must meet one of the five program requirements [Refer to “Basic Eligibility Requirements,” page 39-3].
• The NMD will be in his or her own assistance unit (AU) and will receive the same grant amount as a non-exempt AU. Any statutory changes imposed on the CalWORKs grant amount levels shall be applied to the NMDs grant.
• Payments are made directly to the NMD.
• A 10-day time-frame for noticing NMDs is required for any changes in their grant.

Note: For more information regarding the CalWORKs NMD Program [Refer to “Non-Minor Dependents,”].

Related Topics

Extended Foster Care (EFC) Benefits