Special Population of NMDs

There are special populations of NMDs that do not follow the normal criteria under the AB 12 Program. They are NMDs with non-dependent NRLG, NMDs with children, NMDs on SSI, NMDs who turned 19 in 2011 and Indian NMDs.

Non-Dependent Non-Related Legal Guardianship (NRLG)

The Non-Dependent NRLG must be established through juvenile court and is eligible for state-only AFDC-FC payments. Youths in NRLGs follow the same eligibility requirements as NMDs in foster care. NRLGs established through Probate Court are not eligible for extended benefits.

Note: The information in this section also applies to youth living with a fictive relative who were under age 16 when the agreement was signed and who does not have a documented mental or physical disability.

The following conditions apply:

  • Must meet the eligibility participation requirement.
  • Must sign and date a SOC 162. If the SOC 162 is signed prior to the youth’s 18th birthday, a new one must be signed by the youth on their 18th birthday or within the month of turning 18.
  • Must have an established TILP.
  • Are not eligible for SILP.
  • Not eligible for other placements because they are not dependents in foster care.

Note: For additional information pertaining to NRLGs, refer to Extended Benefits for Non-Minor Living With Current Or Former Non-Related Legal Guardians (NRLG).

NMDs Who Are Parenting Their Non-Dependent Children

NMDs who are parenting their non-dependent children residing with them are eligible for EFC including infant supplements. The infant supplement is based on the NMD’s eligibility for EFC and may be paid when the infant’s name and birth information has been validated. Validation may be in the form of a call from the assigned SW/PO or the NMD. They may be placed in a whole family foster homes that includes THP+NMD, SILPs and any eligible foster care placement.

Note: Although is a copy of the birth certificate or FC 2 is not required to issue the infant supplement, it is county policy that the SW/PO provide a FC 2 for the infant to be used as a tool for updating the FC case. If the FC 2 is not available the FC EW may issue the infant supplement and request of a copy of the FC 2 to be retained in the NMD’s case file.

Parenting NMDs with SSI Infants

When a parenting NMD has an infant who is SSI eligible, the income is for the infant and not the NMD. The NMD must report the foster care income to Social Security Administration, but the infant income is not counted against the NMD’s benefits.

Note: Court dependent infants living with the NMD cannot receive an infant supplement. Additionally, infants with NMDs receiving infant supplements cannot receive CalWORKs.

NMDs receiving SSI

NMDs receiving SSI where the county serves as the representative payee are eligible for EFC. The county must assist the NMD in filing to become their own payee, unless it is not in their best interest. If the NMD is ineligible for SSI payment due to receipt of federal AFDC-FC, the county will switch to state FC once every 12 months to ensure the NMD maintains SSI eligibility upon exiting EFC. When the NMD is receiving EFC, he or she cannot be the payee of the SSI benefits. SSI eligible youths must be referred to the SCC SSI SW coordinator to be certain that benefits are handled properly.

Note: For more information regarding FC placements and SSI, see Foster Care Update 2009-3 and Policy Interpretation Foster Care 2011-1.

Youths That Turned 19 In 2011

The Santa Clara County Department of Family and Children Services (DFCS) has determined that certain youths that turned 19 in 2011 and are not eligible for EFC benefits will continue to receive county funded foster care benefits under the EFC plan. These youths will follow the same requirements as eligible NMDs. They require the same documentation such as court hearings and TILPs. Additionally, the SWs must submit an approved “Placement Expense Form” (SCZ 414Z) in order to pay county funded benefits.

Related Topics

Extended Foster Care (EFC) Benefits