[an error occurred while processing this directive] [an error occurred while processing this directive]

  DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

   [an error occurred while processing this directive]
[an error occurred while processing this directive]
   <<< Return to OPP Table of Contents [an error occurred while processing this directive]
Handbook 24: Extended Foster Care
24-7  Re-entering the Extended Foster Care Program
Extended Foster Care
24-7  Re-entering the Extended Foster Care (EFC) Program
Reference Points
Overview
Criteria for Re-entering the Extended Foster Care Program
Procedures for DFCS Staff when a Youth Inquires about  Re-entry into the Extended Foster Care Program
Participation Requirements for Non-minor Dependents Re-entering the Extended Foster Care Program
Filing a Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466) for Re-entry
Authority for Placement
Determining Jurisdiction for Re-entry NMDs
Pre-screening Non-minor Dependents for Re-entry into the Extended Foster Care Program and Case Assignment
Re-Entry Process for NMDs under Santa Clara County Jurisdiction
Re-entry Procedures for NMDs under Jurisdiction of a County Other Than Santa Clara  County and Residing in Santa Clara County
Re-entry Procedures for NMDs under the Jurisdiction of Santa Clara County and Residing in a County Other Than Santa Clara
Closing a Case when a Non-minor Is Determined Not to Be Eligible for Extended Foster Care
When an NMD Wants to Re-enter EFC and Needs Immediate Assistance
The Court Report for Re-entry Hearings


Reference Points
Effective Date: 1/1/12
Last Updated: 7/16/13
 Legal Basis:
Popup Window California Department of Social Services (CDSS) All County Letter (ACL) #12-12: Re-entry into Extended Foster Care (EFC)
Popup Window

California Department of 11-61Social Services (CDSS) All County Letter (ACL) #11-61: Extended Foster Care

Popup Window California Department of Social Services (CDSS) All County Information Notice NO. 1-29-13: Extended Foster Care Update
Popup Window Welfare and Institutions Code (W&IC) § 297
Popup Window W&IC 303
Popup Window W&IC 317
Popup Window W&IC 388(e)
Popup Window W&IC 11400
Popup Window Legal Basis Text
Popup Window Legal Basis Text
 Non CWS/CMS Forms:
MS Word How to Ask to Return to Juvenile Court Jurisdiction and Foster Care (JV464-Info)
MS Word Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466)
MS Word Confidential Information - Request to Return to Juvenile Court Jurisdiction and Foster Care (JV468)
MS Word Findings and Orders Regarding Prima Facie Showing on NonMinor's Request to Re-Enter Foster Care (JV470)
MS Word Findings and Orders After Hearing to Consider NonMinors Request to Re-enter Foster Care (JV472)
MS Word Voluntary Re-entry Agreement for Extended Foster Care (SOC163)
MS Word Statement of Fact - Extended Foster Care (FC2 NM)
MS Word KinGAP Mutual Agreement for Non-minor Former Dependents (KG3)
 CWS/CMS Forms:
bullet Service Delivery Section: Contacts


Overview  

On January 1, 2012, the extended foster care (EFC) program became effective in California.  This program allows foster youth to continue as dependents of the court after they turn 18 and to continue to receive benefits to assist them in transitioning to independent living.  Youth who turn 18 years old while under an order of foster care are eligible for the EFC program.  If a youth initially decides not to participate in EFC, the youth may re-enter the program at a later time up until age 21.  Youths who chose to leave EFC at any point after age 18 are permitted to re-enter the program at a later time.

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Criteria for Re-entering the Extended Foster Care Program  

A non-minor who has exited the EFC program may re-enter the program if he or she meets certain eligibility criteria. 

The non-minor must:

  • Be under age 21.
  • Have been under an order of foster care on his or her 18th birthday.
    • This includes youth who were absent without leave on their 18th birthday but maintain a placement order. 
  • Have had an open foster care case on or after January 1, 2012.

  • Sign a Voluntary Re-Entry Agreement for Extended Foster Care (SOC163) which documents the young adult’s willingness or agreement to re-enter foster care, followed by resumption of juvenile court jurisdiction.

      • If the youth signs the SOC163, he or she must participate in the filing of a JV-466 petition within 15 days.
  • Be willing to reside in an eligible setting under the placement and care responsibility of DFCS.
  • Immediately participate in one or more of the conditions for participation.
  • Be willing to work collaboratively with DFCS to develop a Transitional Independent Living Plan (TILP) within 60 days of re-entry.
  • Agree to report any changes of circumstances relevant to continued eligibility for foster care payments.

A young adult who is undocumented is eligible for re-entry into the extended foster care program under the state funded program.  At the time of re-entry, the social worker must apply for PRUCOL for the young adult.  See OPP Chapter 18-2.3: PRUCOL.

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Participation Requirements for NMDs Re-entering EFC  

Young adults will not be required to meet one of the eligibility criteria at the time of the request to re-enter but will need to sign a Voluntary Re-entry Agreement (SOC163), agreeing to meet one of the eligibility criteria with the help of the social worker within a reasonable time of re-entry. 

  • Re-entry is not subject to the availability of a placement. 
    • If the young adult does not have an identified placement at the time he or she files for re-entry into the extended foster care program, it is the social worker’s responsibility to assist the young adult in locating a placement.
  • There is no category of criminal convictions that would make a young adult ineligible for re-entry however the youth will be required to submit to a background check. The assigned cocial worker will make arrangements with the youth to complete a criminal record check request (CLETS).


    < Return to OPP Table of Contents | ^ Back to Top of Page
   

Procedures for DFCS Staff when a Youth Inquires about                    Re-entry into the Extended Foster Care Program

 

The young adult may start the process of re-entering the extended foster care (EFC) program by contacting his or her previous social worker, Legal Advocates for Youth (LACY), Independent Living Program (ILP) service provider, probation officer, or other service provider.  Providers other than DFCS social workers will refer the young adult to DFCS to initiate the re-entry process.  Social workers and other DFCS staff who receive a telephone call or encounter a youth who is inquiring about re-entering the extended foster care program:

  • Obtain the following information from the youth:
    • Name
    • Date of birth
    • Telephone number where they can be reached
    • Email address
    • Physical address

      If a call from a youth inquiring about re-entry is received after hours, the staff person receiving the call takes the youth’s contact information and advises the youth that somebody will call him or her back the next business day between 8am-5pm.  

  • Direct the youth to the ILP main line at 408-501-6866 or the non-minor dependent (NMD) OD line at 408-472-7288 to reach someone directly or leave a message. 

  • Forward the information obtained from the youth to the Extended Foster Care Supervisor, Mary Bianchi at 408-501-6890 or Mary.Bianchi@ssa.sccgov.org
    • The youth’s eligibility to re-enter EFC will be determined by the EFC Supervisor, based on the re-entry eligibility criteria.

Youths who do not have a phone number at which they can be contacted may be instructed to:

  • Come to 373 W. Julian Street Monday through Friday between the hours of 8:00am-5:00pm and ask to speak to the Non-Minor Dependent (NMD) Unit Officer of the Day (OD) or call the NMD OD line at 408-472-7288 or

  • Call 408-501-6839 to schedule an appointment with an NMD social worker.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   

Filing a JV466 for

Re-entry

 
  • The young adult meets with the social worker who reviews the Voluntary Re-Entry Agreement (SOC163) with the young adult and has him or her sign the Agreement.

  • After the young adult has signed the SOC163, the social worker files with the court a Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466) on behalf of the young adult within 15 court days of the signing of the SOC163. 


    If..

    Then the NMD Unit OD..

    The youth resides in Santa Clara County (SCC) and SCC is the county of jurisdiction

    Files the JV466 with the SCC juvenile dependency court.

    The youth resides in SCC but SCC is not the county of jurisdiction

    Advises youth to file the JV466 with the SCC juvenile dependency court. The Court will transfer paperwork to appropriate county.

    The youth resides in a county other than SCC but SCC is the county of jurisdiction

    Assists the youth in completing paperwork and then files the JV466 with the SCC juvenile dependency court.



    The court with general jurisdiction reviews the petition and orders a hearing be held within 15 judicial days of the filing of the petition, if there is a prima facie showing that the young adult satisfies the criteria for participation.  In no case may the court grant a continuance that would cause the hearing to resume dependency jurisdiction to be completed more than 120 days after the date the 388 petition is submitted.


  • The court reviews the JV466 and schedules a hearing, ordering DFCS to submit a report addressing whether the young adult “intends to satisfy” at least one of the extended foster care participation criteria.
    • For a non-minor who is re-entering foster care after a break, the initial meeting with the social worker to select the participation activity satisfies the requirement of removing barriers to employment. However, the non-minor must begin participating in one of the participation requirements within a reasonable amount of time after re-entry.
    • When the recommendation is that the youth be placed in a setting where minor dependents reside, the results of a background check of the young adult may be included in the social worker’s report.  However, the existence of a criminal history is not a bar to eligibility for re-entry into EFC. 
    • No notice of the hearing is given to the parents or former guardians. The young adult may invite persons significant to him or her to attend the hearing.
    • No representation by counsel is provided to the parents.
    • Telephonic appearance at the hearing by the young adult is allowed, if the young adult elects to appear telephonically. This can be a telephone call with participation via speaker phone.
  •  
  • The court grants the petition for re-entry if the court finds all of the following:
    1. The youth was under an order of foster care on his or her eighteenth birthday.
    2. The youth has not attained the maximum age limit;
    3. Re-entry and remaining in foster care are in the young adult’s best interest;
    4. The young adult intends to satisfy criteria for participation.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Authority for Placement  

The SOC 163 is the document that the youth signs specifying his or her intention to enter Extended Foster Care (EFC) and comply with program requirements and eligibility conditions.  The agreement provides DFCS with the initial authority for placement and specifies the services that DFCS agrees to provide to the youth.

In order to re-enter extended foster care (EFC)and receive EFC benefits, a youth must sign a Voluntary Re-entry Agreement for Extended Foster Care (SOC163) and simultaneously or subsequently complete a Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466) and, if applicable, a Confidential Information - Request to Return to Juvenile Court Jurisdiction and Foster Care (JV468). to petition for the resumption or assumption of court jurisdiction. 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Determining Jurisdiction for Re-entry NMDs  

The county that had jurisdiction over the NMD immediately prior to the youth exiting foster care maintains payment and case management responsibility/court jurisdiction for the youth upon re-entry.  However, if the youth has lived in another county for at least one year and has expressed the intent to remain in that county, the court may transfer the case to the youth’s county of residence. 

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Pre-screening for Re-entry and Case Assignment  

Eligibility for re-entry to be determined initially by the Non-minor Dependent Supervisor or designee.  Using CWS/CMS, the supervisor verifies:

  • That the youth meets the age requirement.
  • That the youth had an open foster care case on or after January 1st, 2012.
  • That the youth had an order for foster care placement on their 18th birthday.
  • The youth's county of residence.
  • If.. then the supervisor..
    the youth is eligible for the EFC program
    • Informs the youth that he or she is eligible for the EFC program.
    • Tells the youth the name and contact number of the NMD Officer of the Day and lets the youth know the NMD Unit OD will be contacting him or her to gather further information and complete paperwork.
    • Documents the interaction with the youth on a SOC909.
    • Emails the demographic information necessary to identify the case to the Administration Support Bureau coordinator, Dana Sugiyama (Dana.Sugiyama@ssa.sccgov.org)  with a request to re-open the CWS case.
      • The supervisor gives the coordinator the name of the NMD Unit social worker who will be assigned the case for entry into CWS/CMS.
    the youth is not eligible for the EFC program
    • Informs the youth that he or she is not eligible for the EFC program and the reason(s) why he or she is not eligible.
    • Writes a Contact note regarding the re-entry inquiry and has it inputted into the CWS/CMS case.


    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Re-Entry Process for NMDs under Santa Clara County Jurisdiction  

After screening a non-minor's eligibility to re-enter the foster care program, the Non-Minor Dependent (NMD) supervisor forwards to the NMD Unit Officer of the Day (OD) the information about the youth who is requesting to re-enter the extended foster care (EFC) program and the SOC909 documenting the contact with the youth.

The NMD Officer of the Day (OD):

  • Meets with the potential NMD seeking re-entry to verify the youth's
    • Willingness to immediately participate in one of the five participation conditions
    • Willingness to participate in a Transitional Independent Living Plan
    • Willingness to be placed and/or reside in an eligible facility.

  • Completes the following forms/paperwork with the NMD:
    • SAWS1: Application for Case Aid, Food Stamps, and/or Medi-Cal/State CMSP
    • Statement of Facts Supporting Eligibility for AFDC Extended Foster Care Benefits (FC2-NM)
    • Voluntary Re-entry Agreement for Extended Foster Care (SOC163)
    • EA 1: Emergency Assistance Application (if applicable)
    • SCZ 686A, Sheriff's Department Criminal Record Check Request (CLETS)
    • SCZ152, Live Scan Referral

  • Assists the NMD in completing the:
    • Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466)
    • Confidential Information - Request to Return to Juvenile Court Jurisdiction and Foster Care (JV468) (if applicable)
  • Files the JV-466 to petition the court for resumption of jurisdiction over the non-minor.
      • The Court schedules a hearing within 15 calendar days of the filing of the JV466.
  • Completes the appropriate placement agreement at the time of placement.

 

 

  • Develops the Case Plan and Transitional Independent Living Plan (TILP) with the NMD.
    • The Case Plan and TILP are attached to the court report.
  • The JV466 and JV 488 (if needed) must be filed with the court within 15 judicial days of signing the SOC 163.
  • Once the TILP is completed, sends the SOC 161 to the eligibility worker no later than the month following the completion of the TILP.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Re-entry Procedures for NMDs under Jurisdiction of a County Other Than Santa Clara  County and Residing in Santa Clara County  

If a non-minor dependent (NMD) contacts Santa Clara County and the NMD does not come under the jurisdiction of Santa Clara County, the DFCS social worker:

  • Advises youth to file the JV466 with the Santa Clara County Juvenile Dependency Court.  
    • The Court will transfer paperwork to the appropriate county.

  • Completes the:
    • SAWS1: Application for Case Aid, Food Stamps, and/or Medi-Cal/State CMSP
    • Statement of Facts Supporting Eligibility for AFDC Extended Foster Care Benefits (FC2 NM)
    • Voluntary Re-entry Agreement for Extended Foster Care (SOC163)
    • EA 1: Emergency Assistance Application (if applicable)
    • SCZ 686A, Sheriff's Department Criminal Record Check Request (CLETS)
    • SCZ152, Live Scan Referral
  • Assists the NMD in completing the:
    • Request to Return to Juvenile Court Jurisdiction and Foster Care (JV466)
    • Confidential Information - Request to Return to Juvenile Court Jurisdiction and Foster Care (JV468) (if applicable)
      • The Court schedules a hearing within 15 calendar days of the filing of the JV466.
 
  • Faxes or scans and emails the above forms on the same day that they are completed to the county of jurisdiction’s point of contact for an original signature by the county of jurisdiction.
    • Because the SOC 163 represents the earliest possible beginning date of aid and must be signed by the county of general jurisdiction, it is imperative that the county of residence transmit the forms immediately to the payment county.
      • The payment county forwards the forms to its eligibility bureau along with a completed SOC158A
    • The county with jurisdiction must fax or scan and return the fully executed copy of the SOC 163 back to Santa Clara County social worker. 

  • Receives the fully executed copy of the SOC163 from the county of jurisdiction.

  • Files a copy of the forms in the case file.

  • If the SCC social worker places the NMD, sends a copy of the placement agreement is sent to the county of jurisdiction.

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Re-entry Procedures for NMDs under the Jurisdiction of Santa Clara County and Residing in a County Other Than Santa Clara  

If a non-minor dependent (NMD) contacts Santa Clara County and the NMD comes under the jurisdiction of Santa Clara County but is residing in another county, the DFCS social worker may either:

  • Assist the youth in completing paperwork and then files the JV466 with the SCC juvenile dependency court or
  • Advise youth that he or she can file the JV466 directly with the juvenile  dependency court in the county (within California) in which he or she resides.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Closing a Case when an NMD Is Determined Not to Be Eligible for EFC  

If the young adult does not meet the eligibility requirements or decides not to proceed with return to care services:

  • Close the Intake without progressing
  • Notify the young adult about the decision
  • Refer the young adult to other appropriate outside resources
If the CWS/CMS case was opened, document the reason for closing the case.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
The Court Report for Re-entry Hearings  

The template for a court report regarding reentry into extended foster care is located in CWS/CMS under the Court Management Section (pink button) under County local forms and is entitled “NMD-366.31 Re-entry Report”

To locate the NMD Court report:

  • Click on the pink Court resource management button
  • Click  +  to Create a new hearing.
  • Enter scheduled court hearing date in the Hearing Date field.
  • Enter scheduled court room in the Court field.
  •  Under Create New click on + Hearing Summary Document.
  • On "Generate New Document" box click on County.
  • Scroll down and select "NMD - 366.3 Reentry Report" from the drop down menu.
  • Click "OK"

Snagit renentry.jpg


The social worker prepares a new TILP, attaches it to the court report, and submits it to the court.

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Foster Care Funding Eligibility   See OPP Chapter 24-8: Eligibility - Extended Foster Care
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Other References  
PDF

Child Welfare Services (CWS) Courtesy Supervision for Foster Children - County Contacts

bullet 2 OPP Chapter 18-2.3: PRUCOL
    < Return to OPP Table of Contents | ^ Back to Top of Page

[an error occurred while processing this directive]
[an error occurred while processing this directive]