California Data Profile
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California: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)
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Crossover Youth
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Promoting Cross-System Collaboration
Cal.Welf. & Inst.Code § 366.5; Cal.Welf. & Inst.Code § 241.1
- The dependency jurisdiction shall be suspended for a child whom the juvenile court declares to be a dual status child based on the joint assessment and recommendation of the county probation department and the child welfare services department. If the termination of jurisdiction is likely and reunification of the child with his or her parent or guardian would be detrimental to the child, the county probation department and child welfare services department shall jointly assess and produce a recommendation regarding whether the court's dependency jurisdiction shall be resumed.
- Whenever a minor appears to come within the description of both Section 300 and Section 601 or 602, the county probation department and the child welfare services department shall, pursuant to a jointly developed written protocol, initially determine which status will serve the best interests of the minor and the protection of society. The recommendations of both departments shall be presented to the juvenile court with the petition that is filed on behalf of the minor, and the court shall determine which status is appropriate for the minor.
Information and Data Sharing
Cal.Penal Code § 13753
- Allows for the establishment of multidisciplinary teams related to human trafficking and the exchange of information amongst members of this team.
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Driver’s Licensing/Insurance
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Driver's License: A Required Document
Cal. Welf. & Inst. Code §391
- The court cannot terminate juvenile dependency jurisdiction over a youth in care who has reached 18 until a hearing is held, the department has submitted a report verifying that certain documents, information, and services have been provided, including: driver's license or identification card.
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Diligent Search Criteria
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General Search
Cal. [Fam.] Code § 7950
- Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts to locate an appropriate relative shall be made.
Placement Review Process
Cal. [Welf & Inst.] Code § 358, Cal. [Fam.] Code § 7950
- Requires the court to determine if social workers exercised due diligence in conducting his or her investigation to identify, locate, and notify the child's relatives for placement purposes.
- Before any child may be placed in long-term foster care, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by himself or herself or by other persons, has been evaluated as an appropriate placement.
Timetable for Search
Cal. [Welf. & Inst.] Code § 309(e)
- Within 30 days of a child’s removal, the social worker will use due diligence to identify and locate all adult relatives of the child.
Notice Procedure and Investigating Ability to Care for Child
Cal. [Welf. & Inst.] Code § 309(e)
- Each county welfare department will create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices. All adult relatives who are located will receive notification. The notice will provide information about the child's removal, how to become a foster family home or approved relative or nonrelative extended family member, and additional services and support that are available in out-of-home placements. The notice will also include information regarding the Kin-GAP Program, as well as other options for contact with the child.
Method of Searching
Cal. Welf. & Inst. Code § 361.3
- The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child. This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified.
Fictive Kin
Cal. Welf. & Inst. Code § 362.7
- When the home of a nonrelative extended family member is being considered for placement of a child, the home shall be evaluated, and approval of that home shall be granted or denied, pursuant to the same standards set forth in the regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver. A “nonrelative extended family member” is defined as any adult caregiver who has an established familial or mentoring relationship with the child. The county welfare department shall verify the existence of a relationship through interviews with the parent and child or with one or more third parties. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends.
Exceptions for Placement
Cal. [Family] Code § 8712, Cal. [Health & Saf.] Code § 1522, Cal. [Welf. & Inst.] Code § 16519.5. Cal. [Welf. & Inst.] Code § 361.4
- If the person or any individual subject to the background check requirements has been convicted of a felony for certain specified crimes. Individuals convicted of a felony for certain specified crimes are also prohibited from being licensed as a foster care provider or approved as a resource family.
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Extending Foster Care
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IV-E Agency with Federal Approval through Fostering Connections Act
Age Range
Cal. Welf. & Inst. Code § 11403
Eligibility
Cal. Welf. & Inst. Code § 11403
- A nonminor dependent—defined as a current dependent child or ward of the juvenile court, or a nonminor under the transition jurisdiction of the juvenile court, who satisfies all of the following criteria:
- Has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 21 years of age.
- Is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization.
- Has a transitional independent living case plan
Payments shall continue if the nonminor is:
- Completing secondary education or a program leading to an equivalent credential.
- Enrolled in an institution which provides postsecondary or vocational education.
- Participating in a program or activity designed to promote, or remove barriers to, employment.
- Employed for at least 80 hours per month.
- Unable to engage in the above activities due to a medical condition.
Placement Agreement
Cal. Welf. & Inst. Code § 11400
- The Mutual Agreement documents the nonminor's continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminor's and social worker's or probation officer's agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
Supports
Cal. Welf. & Inst. Code 391
- Assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance; referral to transitional housing, if available, or assistance in securing other housing; and assistance in obtaining employment or other financial support. Assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate. Assistance in maintaining relationships with individuals who are important to a child who has been in out-of-home placement in a group home for six months or longer from the date the child entered foster care, based on the child’s best interests.
Reentry into Care Allowed
Cal. Welf. & Inst. Code § 303
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Health Oversight of Children in Foster Care
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Adverse Childhood Experiences (ACEs)
Cal. Welf. & Inst. Code § 1451
- “Trauma-informed” means an approach that involves an understanding of adverse childhood experiences and responding to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.
Services Addressing Trauma
Cal. Code § 2032.340
- Requires, in any action involving allegations of sexual abuse of a minor, that a mental examination of a child less than 15 years of age be conducted by a licensed physician or clinical psychologist with expertise in child abuse and trauma. Limits the examination to no more than three hours, including any breaks, unless the court grants an extension for good cause.
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Increasing Placement Stability
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Kinship Placement Priority
Cal. [Welf & Inst.] Code § 16501.1
- The selection of a home for placement shall consider, in order of priority, placement with relatives, nonrelative extended family members, and tribal members; foster family homes, resource families, and approved or certified homes of foster family agencies; followed by intensive services foster care homes.
Caretaker Involved Practices
Cal. [Welf. & Inst.] Code § 16003
- To promote the successful implementation of the statutory preference for foster care placement with a relative caretaker, each community college district with a foster care education program will make orientation and training available to the relative or nonrelative extended family member caregiver. The county will inform relative and nonrelative caregivers of the availability of these trainings.
Subsidized Guardianship
Cal.[Welf. & Inst.]Code § 11387
- The kinship guardianship agreement will specify how payment will be provided, any additional services that will be provided, procedure for the guardian to request further services, and information regarding the guardian's responsibility to notify the department of change in circumstance. Aid will be provided based on the child's needs.
Caseworker Retention
Cal. [Bus. & Prof.] Code § 4996.18 and § 4996.23, Cal. Gov. Code Sec. § 8547.1
- To qualify for licensure, each applicant shall complete 3,000 hours of post-master's degree supervised experience related to the practice of clinical social work.
- At least 1,700 hours shall be gained under the supervision of a licensed clinical social worker. The remaining required supervised experience may be gained under the supervision of a physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, licensed professional clinical counselor, licensed marriage and family therapist, psychologist, or licensed clinical social worker.
- A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling; however, at least 750 hours shall be face-to-face individual or group psychotherapy provided in the context of clinical social work services.
- A maximum of 1,000 hours in client centered advocacy, consultation, evaluation, research, direct supervisor contact, and workshops, seminars, training sessions, or conferences directly related to clinical social work that have been approved by the applicant's supervisor.
- A minimum of two years of supervised experience is required to be obtained over a period of not less than 104 weeks and shall have been gained within the six years immediately preceding the date on which the application for licensure was received by the board.
- Prohibits retaliation against a social worker who has reasonable cause to believe that a policy, procedure, or practice related to the provision of child welfare services endangers the health or well-being of a child or children and the social worker discloses this information to a government or law enforcement agency, an appointed or elected official, or the public.
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Normalcy/Prudent Parenting Standards
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Reasonable and Prudent Parent Standards
Cal. Welf. & Inst. Code § 362.04
- "Reasonable and prudent parent" or "reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interest.
Youth are Entitled to Activities
Cal. Welf. & Inst. Code §362.05
- Every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. No state or local regulation or policy may prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to dependent children have policies consistent with this section and that those agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.
Caregivers are Not Held Liable
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Tuition Waivers
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Age Range
Cal. Edu. Code § 66025.3
Other Eligibility Requirements
Cal. Edu. Code § 66025.3
- Notwithstanding Section 76300, a campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to a current or former foster youth, if he or she meets all of the following conditions:
- (A) Is 25 years f age or younger.
- (B) Has been in foster care for at least 12 consecutive months after reaching 10 years of age.
- (C) Meets any f the following:
- (i) Is under a current foster care placement order by the juvenile court.
- (ii) Was under a foster care placement order by the juvenile court upon reaching 18 years of age.
- (iii) Was adopted, or entered guardianship, from foster care.
- (D) Completes and submits the Free Application for Federal Student Aid (FAFSA).
- (E) Maintains a minimum grade pint average and meets other conditions necessary for the student to be in good standing at the public postsecondary educational institution in which he or she attends, as determined by the appropriate public postsecondary segment.
- (F) Meets the financial need requirements established fr Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42.
- (2) A student shall not have his or her mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of attendance in a four-year undergraduate program.
- (3) The amount of a student’s tuition or fee waiver pursuant to this subdivision shall be reduced by any state or federal financial aid, including scholarships or grants, received by the student for the academic year or semester, or the equivalent, in which the student receives the tuition or fee waiver pursuant to this subdivision.
- (c) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which he or she applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.
- (d) As used in this section, the “national poverty level” is the poverty threshold for one person, as most recently calculated by the Bureau of the Census of the United States Department of Commerce.
- (e) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of California pursuant to Chapter 1 (commencing with Section 68000) of Part 41."
Permitted Uses for Funding
Cal. Edu. Code § 66025.3
- A campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees or incidental fees
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