HomeMy WebLinkAboutMINUTES - 12191995 - D3 D : 3
TO: BOARD OF SUPERVISORS F&HS-02 <•:� 5 :` .o„ Contra
FROM: FAMILY AND HUMAN SERVICES COMMITTEE Costa
County
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DATE: December 11 , 1995 `T�'auN
SUBJECT: STATUS REPORT ON THE ADOPTIONS PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACCEPT the attached report from the Social Service Director regarding the
status of the Adoptions Program in the County and express the Board's
appreciation for the positive actions which have been taken to improve the
program over the past year.
2. DIRECT the Social,Service Director to make a report to the 1996 Family and
Human Services Committee on the status of each of the Adoption/Child
Welfare Program corrective actions on which he reported to the 1995 Family
and Human Services Committee on December 11, 1995, along with any other
related issues which, in his judgment, should be reported to the Committee.
3. REFER oversight of the Adoptions Program to the 1996 Family and Human
Services Committee and remove it as a referral to the 1995 Family and
Human Services Committee.
4. DIRECT staff to schedule at least one hour on an early meeting of the 1996
Family and Human Services Committee to receive and review a report from
the Social Service Director responding to the allegations made to our
Committee on December 11, 1995, by Faye M. Crosley and Al Simmons
regarding what they view as the Department's policy of placing. African-
American children in Caucasian foster homes and group homes, refusing to
place these children in African-American foster homes and group homes,
along with the letters which have been referred to this Committee by the
Board of Supervisors over the past several months making similar allegations.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MI T E
APPROVE OTHER
1��"VtY�-"�
SIGNATURES
ACTION OF BOARD ON December 1 Cl 1995 APPROVED AS RECOMMENDED X OTHER
The following speakers appeared before the Board and commented:
1. Shelia Trokey._:, no address given, AFRA;
2. Annabelle, no last name or address given, AFRA.
The Board approved the staff' s recommendations as noted above.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT #1 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED December 19, 1995
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator
Social Service Director
County Counsel BY DEPUTY
F&HS-02
BACKGROUND:
On October 17, 1995, the Board of Supervisors adopted a report from our
Committee on this subject which included the following recommendations:
1. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday,December 11, 1995 on the status of the consultation which has been requested from
Region IX of the Administration on Children and Families of the U.S. Department of Health and
Human Services regarding ways to improve the court process in order to expedite permanency
planning.
2. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday,December 11,1995 on the results of the audit of SSI payments and record keeping by
the Social Security Administration.
3. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday, December 11, 1995 on the status of training, particularly on the Department's ability
to meet the three identified training needs of:
❑ On-going training for experienced workers.
❑ Induction training for new workers,and
❑ Development of a training manual.
4. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday,December 11,1995 on the status of the mediation program outlined to our Committee
on October 9,1995 by Barbara Suskind which attempts to avoid,through mediation,the need
for contested court action to resolve placement and custody issues affecting children who are
or are being considered for dependency.
5. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday,December 11,1995 on the status of the administrative review of children in long-term
foster care.
6. DIRECT the Social Service Director to report to the Family and Human Services Committee on
Monday,December 11, 1995 on the status of the implementation of each of the goals outlined
in the paper entitled "Child Welfare Services Goals Related to Permanency Planning for
Children",consistent with the timetable proposed by Breck and Associates.
On December 11, 1995, our Committee received and reviewed the attached report
from the Social Service Director which responded to each of these points. Mr.
Cullen and Ms. Fabella reviewed the details of the report with us.
Shiela Trokey and Teri Woods raised several questions about Federal and/or State
waivers which have allegedly been requested by California and/or Contra Costa
County and problems which Ms. Woods had in obtaining access to her records and
in scheduling a fair hearing. Mr. Cullen responded to these questions.
The Rev. Curtis Timmons raised the issue of the placement of African-American
children in Caucasian, as opposed to African-American, foster homes and group
homes, and indicated that he had thought the Committee was going to address this
issue today. Our Committee also heard from Faye M. Crosley and Al Simmons, who
have appeared before the Board of Supervisors and shared with the Board their
concerns about the placement practices of the Social Services Department.
Mr. Cullen responded noting that he has had staff research the data requested by
Ms. Crosley and Mr. Simmons and had personally met with Ms. Crosley, Mr.
Simmons and The Rev. Mr. Timmons and reviewed this data with them. He
disputed the conclusions reached by Ms. Crosley and Mr. Simmons that the Social
Service Department has a problem with racial placements.
-2-
F&HS-02
We are asking that the letters which the Board has received and which were referred
to our Committee be referred to the 1996 Family and Human Services Committee
and that an early meeting addressing these allegations be scheduled so we can
review the same data which the Department has made available to AMARCH.
Our Committee is pleased with the substantial progress which has been made in the
Adoptions Program and the work which is already underway to make further
changes. We want the 1996 Family and Human Services Committee to continue to
follow this subject.
-3-
CONTRA COSTA COUNTY Social Service Department
DATE: December 11, 1995
TO: Family & Human Services Committee
FROM: John.Cullen, Director
SUBJECT: Children's Services and Adoptions Program Follow-ups
As per your October request, the Social Service Department has prepared answers to your
follow-up questions regarding:
♦ our consultations with Region IX of the Administration on Children & Families;
♦ the results of the SSI payments audit;
♦ our Child Welfare Services training effort;
♦ information on the court mediation program;
♦ status of the long-term care administrative review process and overall progress on our
"Child Welfare Service Goals..." project.
Attached you will find updates/answers to your specific requests.
During the past couple of months, I have met with Division Managers, Juvenile Court officials,
Foster Parents, Relative Caregivers, Social Workers and Child Welfare Research Center and
State Department officials. I continue to be impressed with the efforts of all in aggressively
addressing the many issues that they have identified for improving our program for children and
families.
In addition to the work you have before you today, the Children's Services Division has shown
tremendous initiative in:
♦ the development of a new emergency shelter care system in response to the Lion's Gate
closure;
♦ working diligently with the Juvenile Court Judge to identify ways to streamline court
process;
♦ placing 89 children for adoptions so far this calendar year (setting a new record for
Contra Costa County!) and anticipate exceeding last year's placements;
' MEMO TO: Family & Human Services Committee December 11, 1995
SUBJECT: Children's Services and Adoptions Program Follow-ups
♦ launching the Family Preservation/Family Support program in Bay Point and Richmond;
♦ creating a shared housing-mentor family project with Alameda County (funded by
Zellerbach Family Fund);
♦ co-sponsoring a Western Regional conference in Concord for the Child Welfare League
of America (which was attended by 600+ people and many national child welfare
leaders);
♦ developing a plan for redesigning our children's services system to focus on concurrent
planning for reunification and adoptions;
♦ instituting corrective action plans which streamline case transfers and documentation; and
♦ refinement of our staff training program.
JBC:sjb
adopt-12.95
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F
CHILDREN'S SERVICES AND
ADOPTION PROGRAM FOLLOW UP
1. Direct the Social Service Director to report to the Family and Human
Services Committee on Monday, December 11, 1995, on the status of the
consultation which has been requested from Region IX of the
Administration of Children and Families of the U.S. Department of Health
and Human Services regarding ways to improve the court process in order
to expedite permanency planning.
We have teleconferenced with the consultants from the National Child Welfare
Resource Center for Organizational Improvement (NCWRC), the American Bar
Association (ABA) and the Child Welfare Resource Center on Permanency
Planning. Prior to the teleconference call, we sent background material including
U. C. Berkeley's report, the material from our January, 1995, retreat and the
project scheduling time frames for their review. They were impressed with the
Department's efforts in addressing the issues and stated they believed we were
on the right track.
During the call we discussed the growth in the kinship care child welfare
population which represents the largest percentage of our permanency planning
cases. Kinship care raises questions regarding permanency, adoptions, role of
government agency, payment for care, expectations of relatives, etc. Mr.
Karraker (NCWRC) agreed to lead a policy forum in Contra Costa County in
February, 1996, to present findings, conclusions and recommendations from their
comparative case study on kinship care and then lead a session on the
implications of the research. His guidance, along with statewide efforts in this
area, will help us address proper use of relative care in permanency planning.
The ABA has proposed several areas where they might provide technical
assistance, such as: training on the Multiethnic Placement Act; meeting with our
Department and representatives from the court to facilitate an assessment of our
court process by the Court Improvement Project; a day of meetings to work with
social workers, supervisors, and attorneys to review responsibilities and time
goals for dependency and terminations; a day of training for County Counsel's
incorporating principles of permanency planning and concurrent planning; and a
day of legal training for social workers on petition writing. We are using the
Social Worker/Attorney/Judicial Committee to review the proposal and
recommend the training and technical assistance the Department should pursue
with the ABA.
2. Direct the Social Service Director to report to the Family and Human
Services Committee on Monday, December 11, 1995, on the results of the
audit of SSI payments and recordkeeping by the Social Security
Administration.
1
CHILDREN'S SERVICES AND
ADOPTION PROGRAM FOLLOW UP
December 6, 1995
We have attached the draft report from the Social Security Administration, Region
IX dated November 6, 1995, as well as our response dated November 22, 1995.
In summary Region IX "found no misuse of funds in the review performed."
However, they do indicate that some Department policies and practices were not
being followed. We have updated the Children's Services Handbook to reflect
our Department's policies and have put into place a system to ensure that
workers are aware of children's trust balances.
3. Direct the Social Service Director to report to the Family and Human
Services Committee on Monday, December 11, 1995, on the status of
training, particularly on the Department's ability to meet the three identified
training needs of: (1) on-going training for experienced workers; (2)
induction training for new workers; and, (3) development of a training
manual.
As we indicated in a previous report, the Department has had an established
relationship with the University of California, Davis, Training and Development
Program and have offered classes to our staff in the Child Welfare Certificate
Program. Additionally, we send staff to the training provided by California State
University, Fresno, through contract with the California Department of Social
Services on Risk Assessment.
Since hiring our Training Coordinator, Mary Jensen we have been able to better
coordinate this training with specific Department needs. We completed our first
all-day training on concurrent planning as our first step to implementing an
adoption/out-of-home care concurrent program in our County. We have firmly
established monthly training at each district office on topics that impact service
delivery and have been identified as areas of need by staff and supervisors. This
information was shared in our last report.
We are now in the process of developing new-worker training. As a first step we
identified 30 "new" workers, many who have been with the Department for over a
year. While they have received individual training through their supervisor, they
have not benefitted from a standardized training which more clearly outlines
practices and procedures in our County.
We have identified topic areas ranging from investigation to adoptions as training
topics. At this time the plan is to begin this training in the spring of 1996. As we
develop each module, we will put together each section towards the
development of a training manual.
2
7 ,
CHILDREN'S SERVICES AND
ADOPTION PROGRAM FOLLOW UP
December 6, 1995
4. Direct the Social Service Director to report to the Family and Human
Service Committee on Monday, December 11, 1995, on the status of the
mediation program outlined to our Committee on October 9, 1995, by
Barbara Suskind which attempts to avoid, through mediation, the need for
contested court action to resolve placement and custody issues affecting
children who are or are being considered for dependency.
Contra Costa County is one of five pilot counties under Senate Bill 1420
authorizing a three-dollar increase in birth certificate fees to fund mediation
services. Our County focuses on mediating jurisdictional cases, however we also
have mediated a few dispositions and review hearings. Information is provided to
parents on the mediating process. We have attached a flyer that is made
available to parents. All parties, including the Department, must agree to the
mediation. At the mediation there are no attorneys present. This calendar year
through October 24, 1995, we have provided mediation to 48 families with 83
children involved. We have reached full agreement with 39 families, partial
agreement with two and no agreement with seven families.
As part of the pilot, the Center for Policy Research has conducted a Cross-Site
Report of the five.counties. In summary their data indicated that most cases do
result in agreements in mediation. It is difficult to assess the costs and savings
produced by the program, however it does appear to save court time. The
report does, however, go on to say that mediation should not be viewed as a
"quick and cheap fix" because it requires a considerable expenditure of time and
demands on many different players. Our experience has confirmed this. We
utilize one supervisor one day a week for this function, and though we agree that
there is a positive experience for both staff and client, we are unable to extend
existing staff any further.
Additionally, one of the Department's major disappointments regarding mediation
is in not seeing a reduction in contested Juvenile Court hearings. Data provided
by our County Counsel on the number of contested hearings being scheduled
over the past five years indicates a continuing escalation. For example:
1990 396 Contest
1991 422 "
1992 580 "
1993 627 "
1994 686 "
1995 727 (through October)
3
CHILDREN'S SERVICES AND
ADOPTION PROGRAM. FOLLOW UP
December 6, 1995
During this period the contests have doubled, and although our caseload has
grown, there has not been a corresponding doubling of caseload. Staff have
experienced far more contested hearing in every phase of their work.
5. Direct the Social Service Director to report to the Family and Human
Services Committee on Monday, December 11, 1995, on the status of the
administrative review of children in long-term foster care.
The Children Services Administrative Team (CSAT) has completed a review of
approximately 453 cases. The program developed to track the data being
gathered from the review indicates the following:
Of the 453 cases reviewed, 151 were assessed as adoptable and 228 were
assessed as not adoptable. CSAT agreed with the worker 312 times and
disagreed 33 times. We have set re-review on 18 cases.
As planned the Child Welfare Research Center (CWRC) has continued to review
a random sample after the CSAT review. The last review indicates they agreed
with 14 out of the 14 cases read. Of the cases read, 12 were for long-term
foster care, 1 for legal guardianship and 1 for adoption.
6. Direct the Social Service Director to report to the Family and Human
Services Committee on Monday, December 11, 1995, on the status of the
Implementation of each of the goals outlined in the paper entitled "Child
Welfare Services Goals Related to Permanency Planning for Children,"
consistent with the timetable proposed by Breck and Associates.
A. Develop a Fost-Adopt Program
• Participated in the Statewide adoption policy planning seminar,
specifically attending the work groups on concurrent planning, fost-
adopt, and kinship care.
• Held Concurrent planning forum with staff, attorneys, foster parents,
adoptive parents, and members of the Grand Jury in attendance.
• Met with SEW 535 and informed them of the concurrent planning
restructure committee to begin in January.
• Scheduling Concurrent Planning Committee.
B. Homestudy
4
CHILDREN'S SERVICES AND
ADOPTION PROGRAM FOLLOW UP
December 6, 1995
• Continuing work on the homestudy format, but was unable to
have it ready for review by Caregiver Committee. Plan to have it for their
January meeting.
• Serving on the Statewide committee to develop guidelines for assessing
foster/adoptive family's ability to provide for a child not of their ethnic
and/or cultural background.
C. Juvenile Court
• Teleconferenced with Sarah Ratterman-Baker from the American Bar
Association (ABA).
• Received proposal which is being reviewed by the Social
Worker/Attorney/Judicial Committee.
• Judy Maynard, Social Work Supervisor, developed training with the Youth
Law Center on working with represented clients to be given at the
Beyond the Bench Conference.
• Met with Court Appointed Special Advocate (CASR) Director and
reviewed guidelines. Reviewing their training manual and our Department
manual section for roles and responsibilities.
• Held regular meetings to discuss issues with County Counsel.
• Held regular meetings with the Court to discuss issues.
D. Training ,
Addressed earlier in this report.
E. Improve Relationships
• Held two meetings of the Social Worker/Caregiver Committee.
• Held recognition luncheon for licensed foster parents giving awards for
years of service.
• Developing Foster Parent Newsletter to provide Department information
and to help network and support our foster parents.
F. Organizational Structure
5
i
CHILDREN'S SERVICES AND
ADOPTION PROGRAM FOLLOW UP
December 6, 1995
• Scheduling Concurrent Planning meeting in January, 1996, to meet
through the next five to six months to develop the program which will
lead to the development of the organizational structure.
We will continue our work towards developing a Child Welfare Program that places
emphasis on permanency planning recognizing that Family Reunification and Family
Preservation is the first priority. In cases where that cannot occur, we will move
strongly towards the next permanent plan of adoption. Additionally, recognizing that
kinship care has impacted our long-term caseload in that those children do not get
adopted, we are committed to developing a kinship policy in this County that is both
sensitive to the cultural needs of families and to the need of the child for permanency.
We are working on a Kinship Forum and participating on the policy planning
committee that is working on a statewide strategy to deal with this issue.
b:decl l rpt.fhs
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NOV 1
SOCIAL SECURITY ADMINISTRATION
USA
Refer to: S2D9B51 Region I%
SI-6-2-13 75 Hawthorne Street
San Francisco CA 94105
NOV 0 6 1995
Mr. Ralph McGee
Finance Division Manager
Contra Costa County Department
of Social Services
40 Douglas Drive
Martinez, CA 94553
Dear Mr. McGee:
Enclosed is a draft report of findings from the review of Contra
Costa County Department of Social Services' Interim Assistance
Reimbursement (IAR) program for foster care children. My staff
discussed the key findings and. recommendations with you in a
meeting on October 25, 1995.
Please review the report and provide us with your comments and a
schedule for implementation of the recommendations. We would
appreciate receiving your response by November 27, 1995.
We would like to express our appreciation to Ms. Pauli Wampler
for her cooperation and assistance in this review.
Questions concerning the review should be referred to Pat Daley,
SSI Programs Section., at (415) 744-4492.
Sincerely,
Peter D. ncer
P
Acting As ' stant Regional
Commissioner, Program Operations
and Systems
Enclosure
c'C —1 CGv
-J�l'u� &
W.AFT
INTERIM ASSISTANCE REIMBURSEMENT REVIEW
CONTRA COSTA COUNTY
July 19 - 21, 1995
Purpose of Review
Allegations have been made that the Contra Costa County (CCC)
Department of Social Services is improperly reimbursing itself
for payments made on behalf of children in foster care while SSI
eligibility is being determined. The Social Security
Administration (SSA) , therefore, conducted a review of the foster
care payment program to determine whether or not reimbursements
made to the county were appropriately used. The scope of the
review was limited to a consideration of the payment of benefits
and their use; the effectiveness of the foster care program was
not within its purview.
Sample Selection and Review
An initial sample of 99 cases was selected for review. The cases
were identified through SSA's Master Representative Payee File
Organization Benefit List. They were ones in which CCC was payee
and an initial claim underpayment was made to the county between
June 1994 and May 1995. The names were forwarded to CCC and the
Governmental Benefits Folders were made available for review. Of
the 99 cases, review was completed on 72 .
The Governmental Benefits Folder is the fiscal control folder for
foster children who receive some form of government benefits.
The actual working files are kept by social workers, and were not
accessible to the reviewers.
Policy
Some foster care (FC) payments are administered under title IV of
the Social Security Act and involve federal matching funds; these
do not qualify for interim assistance reimbursement (IAR) .* -
Foster care payments funded wholly by the state and/or county do
qualify for reimbursement through the IAR program. The source of
payments can be identified by aid codes:
Code Type Funding
40 State AFDC-FC 40% State, 60% County
42 Federal AFDC-FC 50% Federal, 20% State, 300
County
49 County Board and Care 100% County
for Children (CBCC)
The county also uses Code 46, which does not reflect a funding
source. It is used administratively to show cases being changed
from code 42 to code 49.
Under foster care rules, federally funded foster care may be
changed to state/county or county funded foster care at any time.
2
The SSI program, however, determines the nature of a foster care
payment based on the payment's funding source at the time of
receipt. For SSI income determination purposes, the program
gives effect to any funding changes on a prospective basis only--
that is, beginning with the month the individual actually
receives a payment funded by the "new" source.
IAR Policy
To receive reimbursement for funds expended during the time the
SSI application is pending, all IAR requirements must be
followed. Basic requirements were described in All County Letter
No. 94-42 , Abatement of Initial Retroactive Supplemental Security
Income/State Supplementary Payments (SSI/SSP) Lump Sum Income in
the Aid to Families with Dependent Children-Foster Care (AFDC-FC)
Program, dated May 31, 1994 . Of particular note are the
following:
► The foster child's out-of-home board and care payments
must not have been wholly or partly financed from
federal funds, Title IV-E.
► A California Department of Social Services (CDSS)
approved form which authorizes payment of an
individual 's initial SSI/SSP payment to the county must
be signed by the child's designated representative.
When a county has been granted care, custody, and
control of a child by a court order, the county can
appoint a designated representative to sign the
authorization form.
► The individual 's IAR authorization must be in effect
with the SSA at the time the initial SSI/SSP lump sum
payment is issued. This means counties must submit IAR
authorizations to SSA on a timely basis, regardless of
whether the system the county uses for submitting
authorizations is a manual or an automated one.
► The AFDC-FC payments must have been made within the
period that begins with the day of the month the child
applied for SSI/SSP benefits and was eligible for them,
and ends with and included the month the child's
SSI/SSP benefits began. (Thus, the first month is
generally prorated. )
When an SSI retroactive check is received and an IAR
authorization is in effect, the county may immediately reimburse
itself for the cost of care expended during the IAR period.
There is no requirement for the county to determine if the child
has any current or foreseeable needs.
3
Since SSI income policy does not allow for retroactive changes in
funding sources in the determination of income, reimbursement
under IAR procedures is inappropriate for all cases in which
federal AFDC-FC is involved, and approval would have to be
withheld by SSA when the authorization forms are submitted. IAR
procedures can be used if non-federal foster care funds are paid
while the SSI application is pending.
Representative Payee Policy
When the county is the representative payee for a foster care
.child, it may also be a creditor based upon costs incurred for
the care of the individual before SSI benefits were awarded.
This applies to both federal and non-federal foster care.
Where Vederal funds were initially used in the foster care
payment, the county may change the source of finding by returning
those funds.
Under representative payee procedures, the county must do the
following before taking any of the SSI retroactive payment:
1. determine if the child has any current or reasonably
foreseeable needs,
2. ensure that no federal funds were included in the FC
payments (change the funding to hon-federal sources) ,
and
3 . obtain SSA approval by submitting a statement of the
amount owed to the local field office.
The county must always ascertain if the child has any current or
reasonably foreseeable needs before reimbursing itself from the
SSI retroactive payment. Lack of a specific. request on file from
the foster parent is not sufficient proof that there are no -
needs; the county must actively determine if those needs exist.
Contra Costa County Reimbursement Procedures
According to the supervisor of the Governmental Benefits Section,
the county reimburses itself for prior care only from the SSI
retroactive check, not from ongoing SSI payments. The county's
procedure for determining the amount of the retroactive funds to
be reimbursed remains the same regardless of the funding source,
federal or non-federal. The only difference for non-federal
cases is that the funding source does not need to be changed
(Step 2 below) . The amount to be retained from the SSI
retroactive reimbursement is determined as follows:
1. When the SSI retroactive check is received, the county
starts with the current or prior month and, using full
4
month's FC payment amounts, adds months of payments
until the total reaches a point just below the SSI
retroactive payment level.
2. The last month used becomes the first month of the
retroactive period and the funding change is then
requested. (This step is omitted for non-federal 'FC
cases. )
3. The amount of money determined in Step 1 above is then
refunded to the county from SSI funds. (These refunds
are referred to as abatements in state/county
procedures. )
4V The balance of the retroactive check is placed in the
individual trust account which is maintained for each
child.
Example: An SSI retroactive check of $1,457 is received on
4/10/95 for the period September 1, 1994 through April
1995. The county's cost of care was $625/month for
that period.
To determine the amount to be abated, the county adds
the April payment of $625 to the March payment of $625
for a total of $1,250. The source of the funding for
these two months is changed from 42 (federal) to 46
(county) . The balance of the retroactive payment,
$207, is placed in the child' s trust fund (TF) .
The Governmental Benefits Clerks (GBC) manually annotates receipt
of the SSI retroactive check on the child's trust fund ledger and
determines which months and how much will be abated; a request is
then made to the Eligibility Worker (EW) for a change in the
funding source, if it is needed.
The GBCs are responsible for notifying the Social Workers (SW)
when the trust fund balance is nearing the resource limit c'L
$2,000. Social workers are responsible for identifying special
needs and submitting requests for these needs to the GBCs for
payment.
Review Findings: General
Of the 72 cases reviewed, 46 involved federally funded foster
care and 26 involved county funded foster care. No IAR
authorizations were found in any of the Governmental Benefits
Folders reviewed and SSA has no record, of receiving the
authorizations, either manually or by the automated system.
There also was no indication that the county sought or obtained
approval from SSA before reimbursing itself as a payee creditor.
5
We noted that the process for changing, the funding source does
not work efficiently due to its manual nature and the number of
people involved; actions are frequently not done timely to effect
. the funding change. In some instances, this resulted in loss of
money to the county.
Because of delays in processing, months subsequent to the SST
retroactive period were included in the period of time abated.
The amount of reimbursement was recalculated to exclude months
subsequent to the retroactive period. In no instance did we find
that the county reimbursed itself for more than the amount of the
SSI retroactive payment.
Example: An SSI retroactive payment of $2,702 was received for
the period 7/8/93 to 9/94. The county abated $2, 805
for the period 6/94 to 10/94 . Subtracting the
allotment for 10/94 (which is outside the SSI
retroactive period) , the county. .reimbursed themselves
for $2 ,255, which is less than the SSI retroactive
check.
Delays in processing the abatement can cause the trust fund
balance to exceed the resource limit (even after the six month
spenddown period) and the county has to repay SSA for the
overpayments. This problem can also happen for ongoing SSI
payments. We noted many instances of the GBC alerting the SW of
the need to spenddown the trust fund to avoid overpayments, but
the process appeared to be inconsistent'.
Although the county's standard procedure, as described, is to
reimburse itself for only full months costs, in many instances
the full SSI retroactive check was retained. This resulted in
reimbursement of a partial month of county costs. This does not
violate SSA policy; it is an example of the inconsistency we
found in the county applying its own procedures.
In the cases reviewed, there were two cases for which proration
was appropriate because the SSI payment for the first month of
eligibility was prorated. However, the county did not prorate
the amount it reimbursed itself for that month.
Specific findings by source of funding, federal and non-federal,
follow:
Federal AFDC-FC - Aid Code 114211
We reviewed 46 federally funded FC cases. When the first SSI
check was received, the county retroactively changed the funding
to CBCC, code 49, in most cases. In a' few cases, the funding
change was requested but never done due to changes in case
circumstances.
6
In some instances, the funds in the trust account were allowed to
accumulate and the SSI resource limit was exceeded, making the
child overpaid. The overpayments were refunded to SSA.
Of the 46 files reviewed, most had a trust fund balance. Some of
the GBF files contained various requests for reimbursement of
things not covered by the foster care payment, such as clothes
for school, mileage for visits to the doctor, Christmas gifts, TV
or similar items for the child's personal entertainment. Most
files contained no such requests.
Six of the 46 cases were subsequently closed and the TF was
properly disbursed either to the new legal guardian, adoptive
parent., or SSA.
County Board and Care for Children - Aid Code 1140"
These 26 cases all had FC payments in .excess of .$1000 a month.
These are children kept in group homes or special treatment/penal
facilities. The cost of care ranged from about $1200 to over
$5, 000 per month. All were abated except a few in which the
child's circumstances changed during the process.
In processing the abatement, the county used its formula of
taking full months payments in half of the cases. In the other
half, it abated the entire amount of the SSI retroactive payment.
Only two cases showed any disbursements for special needs such as
clothes or books. Ongoing, for all the cases, 100% of the SSI
payment of $760 is passed to the county account.
Conclusions
We found no misuse of funds in the review performed. We did find
that some SSA policies and procedures were not being followed.
The county was not following two IAR procedures. IAR
authorizations were not submitted to SSA either manually or in an
automated manner, and proration rules for the first month of SSI
eligibility were not used when appropriate.
The county was not following representative payee creditor
procedures which require the county to determine the foster
child's current and foreseeable needs and obtain SSA approval
before reimbursing itself from the SSI retroactive check. This
appears to be due to confusion over representative payee and IAR
requirements. (Under IAR, the county may reimburse itself without
consideration of those needs. )
We observed that the county's accounting practices are not
consistently applied nor are actions taken timely. This resulted
in loss of income in some instances, either to the SSI recipient
or the county.
From only a review of the fiscal files, we cannot draw any
conclusions about the county's process for identifying children's
current and foreseeable needs.
Recommendations
1. The County must adhere to SSA rules for IAR and
representative payee if it is to continue to reimburse
itself for debts incurred while SSI applications are
pending.
2. County procedures should be revised to reflect the
distinction between IAR and representative payee procedures
in the abatement of SSI . lump sums. In particular:
For non-federal foster care cases, when IAR is used, these
rules must be followed:
► submit properly executed IAR authorizations to the
SSA field office on a timely basis.
► adhere to proration rules for the first month of
SSI eligibility.
For federal AFDC-FC cases, representative payee rules must
be followed:
► determine the child's current and reasonably
foreseeable needs before abating any of the SSI
retroactive payment, and
► submit statements to SSA for approval before
abating any of the SSI retroactive payment.
(Representative payee rules may also be used for non-federal
foster care cases. )
3. The County must assure itself that the process for
identifying a child's current and foreseeable needs is being
met.
4. The process for ensuring that each child's trust fund
remains below the SSI resource limit should be adhered to
more consistently and action taken to expend the funds more
timely.
5. Accounting practices should be reviewed for consistency and
the timeliness of actions taken should be improved.
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Social Service DepartmentContra Please reply to:
40 Douglas Drive
John Cullen Costa
Martinez,California 94553-4068
r' Director
County NOV 2 7 1995
SE..L
Refer to: S2D9B51 .:' r- ' November 22 1995
SI-6-2-13 =
.y
T.q COU1��
Mr. Peter D. Spencer
Acting Assistant Regional
Commissioner
Program Operations and Systems
Region IX
75 Hawthorne Street
San Francisco, CA 94105
Dear Mr. Spencer:
Enclosed is the Department's response to the draft report of findings from the review of Contra
Costa County Department of Social Service's Interim Assistance Reimbursement (LAR)program
for foster care children.
We have reviewed the report and have begun implementing the recommendations.
We enjoyed meeting and working with your staff Pat Daley was most helpful and informative in
both conducting the review and in discussing the findings with our staff.
Sincerely,
John Cullen
County Welfare Director
Enclosures
cc: Don Cruze, Assistant Director, Finance
Danna Fabella, Assistant Director, Services
Ralph McGee, Division Manager, Finance
Pauli Wampler, ASA III, Finance
Sheri Ferguson, CWS Program Analyst
RESPONSE TO SSA REVIEW
Sample Selection and Review
The Governmental Benefits Folder is the fiscal control folder for foster children who receive
some form of government benefits. The actual working files are kept by social workers, and were
not accessible to the reviewers.
The Department maintains three separate "working files" for children in foster care who receive
other benefits--Child Welfare Services(CWS), Foster Care eligibility and Governmental Benefits
(GB)--each of which has a different focus and each of which is the real working file for its specific
purpose.
The CWS case folder, maintained by the social worker, contains CWS assessment and case plan
documentation, court reports, police and/or child abuse reports, etc. and may contain
medical/psychological reports on the child(and, in some instances, his/her parents). The Foster
Care income maintenance case folder, maintained by the eligibility worker, contains eligibility
determination/verification documentation and records of all aid payments(AFDC-FC or CBCC)
issued.
The fiscal control folder, maintained by the Governmental Benefits Clerks(GBC) contains
information specific to the receipt and disbursement of benefits.
LAR Policy
AFDC-FC benefits considered to be interim assistance payments made on behalf of a non-federal
foster child can be deducted from the initial retroactive SSI/SSP lump sum payment when all the
State LAR regulatory requirements in the Manual of Policies and Procedures(MPP) section 46-
337 are met. All County Letter 94-42, May 31, 1994
46-337 INTERIM ASSISTANCE REIMBURSEMENT
.2 Definitions
For the purposes of these regulations
.21 Agreement means the contract between DHHS and the State Department of Social
Services which outlines the terms under which reimbursement may be made.
.22 Applicant means an individual or the representative of such individual who has
applied for SSI/SSP benefits and who cannot meet his/her basic needs in the
period between the application and receipt of his/her benefits upon determination
of eligibility.
Response to SSA Review
Page 2
.4 Responsibilities of Participating Agencies
Participation in the program to receive reimbursement for interim assistance shall_be the
option of the agency.
The Department's position is that our role pertaining to Foster Care children who are granted
SSI/SSP or SSA benefits is that of Representative Payee. The primary purpose of the LAR
process is to authorize reimbursement of General Assistance/Relief payments made to adults
subsequently found to be eligible for SSI/SSP. General Assistance(CSA) applicants are asked to
sign the LAR agreement authorizing the Department to deduct aid payments from the lump sum
award as part of the GA application process. We do not think the Dependent children fit the
Interim Assistance criteria because the Department is authorized by the juvenile court to receive
monies on behalf of the child. And, since the child cannot sign the agreement,the result is the
Department authorizing itself to collect reimbursement.
Representative Payee Poli
When the county is the representative payee for a foster care child, it may also be a creditor
based upon costs incurred for the care of the individual before SSI benefits were awarded. This
applies to both federal and non federal foster care. Where federal funds were initially used in
the foster care payment, the county may change the source of funding by returning those funds.
Under representative payee procedures, the county must do the following before taking any of
the SSI retroactive payment:
1. determine if the child has any current or reasonably foreseeable needs,
2. ensure.that no federal funds were included in the FC payments (change the
funding to non-federal sources),
This procedure is in place. The 46 aid type is used to identify cases that the Department would
claim to the Federal AFDC-FC program if the child were not in receipt of SSI/SSP. It signifies
that no federal or state AFDC-FC funds are being claimed which means that if the cost of care
exceeds the SSUSSP benefit, the difference is paid from 100% county funds. Only upon the
award of SSI do we change the case to a 46 aid type going back to the award date. The federal,
state and county monies are abated back to the appropriate revenue source through the CA 800
aid claim
t
Response to SSA Review
Page 3
3. obtain SSA approval by submitting a statement of the amount owed to the local
field office
When the case is granted,the Department sends SSA a letter, certifying that the child is in a non-
medical out of home placement. Included in this letter are current and past placements as
requested. Along with this certification letter, we send a payment history screen print which
shows what payments have been made and from which fumding source(federal, non-federal,
county)they have come from for the care of this child since the date of SSI/SSA application.
Since SSA through receipt of te payment history screen(WHIS) knew that we were abating
these monies back to the appropriate agencies, we considered that we met the requirement of
submitting a statement of the amount owed to the local field office.
Review Findings: General
. . . . No IAR authorizations were found in any of the Governmental Benefits Folders reviewed
and SSA has no record of receiving the authorizations, either manually or by the automated
system.
Our Department's decision regarding UR was that no child in Foster Care fit the criteria of
Interim Assistance because there is no child in Foster Care " who cannot meet his/her basic needs
in the period between the application and receipt of his/her benefits upon determination of
eliib". The Department's role pertaining to our Foster Care children who are granted
SSI/SSP or SSA benefits is that of Representative Payee.
There also was no indication that the county sought or obtained approval from SSA before
reimbursing itself as a payee creditor.
When the case is granted, the Department sends SSA a letter, certifying that the child is in a non-
medical out of home placement. Included in this letter are current and past placements as
requested. Along with this certification letter, we send a payment history screen print which
shows what payments have been made and from'which funding source(federal,non-federal,
county) since the date of the SSI/SSP application. Since the documentation informed SSA of the
costs incurred and that we were abating these monies back to the appropriate agencies, we
interpreted the absence of any response as tacit approval.
. . . .We noted that the process for changing the funding source does not work efficiently due to
its manual nature and the number of people involved; actions are frequently not done timely to
effect the funding change. In some instances, this resulted in loss of money to the county.
The Department recognizes the problem with changing the funding source(the aid type) in a
timely manner so that monies can be retro-abated. With the reduction of staff in our Data
Response to SSA Review
Page 4
Coordinating Units, the Department is exploring alternatives to more efficiently effect funding
changes.
. . . .We noted many instances of the GBC alerting the SW of the need to spend down the.trust
fund to avoid overpayments, but the process appeared to be inconsistent.
The Government Benefits Clerks distribute a report of all children in receipt of governmental
benefits, their case number, amount of benefit and trust balance to Child Welfare Services(CWS)
Division Managers, CWS Unit Supervisors, AFDC-FC Unit Supervisors and to the Probation
Department on a monthly basis after receipt of the benefit check at the beginning of the month.
CWS Administration is aware of the problem and has instructed the program policy staff to revise
procedures to ensure consistent responses by workers to avoid overpayments.
Although the county's standard procedure, as described, is to reimburse itself for only full month
costs, in many instances the full SSI retroactive check was retained This resulted in
reimbursement of a partial month of county costs. This does not violate SSA policy; it is an
example of the inconsistency we found in the county applying its own procedures.
We have reviewed processes and have instructed our GBCs to prorate to partial months.
Response to Recommendations
1. The County must adhere to SSA rules for IAR and representative payee if it is to continue
to reimburse itself for debts incurred while SSI applications are pending
2. County procedures should be revised to reflect the distinction between IAR and
representative payee procedures in the abatement of SSI lump sums. . . . .
Recommendations 1 and 2 address the issue of the County adhering to SSA rules for IAR and
representative payee so as to be able to reimburse itself for debts incurred while SSI applications
are pending.
Contra Costa has chosen to use SSA rules for representative payee to reimburse itself and set up
trust funds for Foster Care children.
3. The County must assure itself that the process for identifying a child's current and
foreseeable needs is being met.
The County has custody of the child which places in its hands care and control of a child and the
duty to provide food, clothing, shelter, ordinary medical care, education and discipline for the
child. We recognize the seriousness of this responsibility and are in the process of issuing
Departmental policy and procedure guidelines which we believe will clarify the CWS social
Response to SSA Review
Page 5
Worker's responsibility in this area. A copy of these instructions was provided to Pat Daley and
another is attached for your review.
However, we currently have a process in place for identifying a child's current and foreseeable
needs. The social worker prepares a case plan which is updated as service needs dictate and no
less often than every six months. For all children in foster care, the case plan process includes the
gathering of health and education information, an assessment of the child's placement needs and a
description of the type of facility which will best meet this child's needs. The placement needs
selection includes assessment needs, culture/ethnicity,proximity to parent/school of enrollment,
social activities, the need to be placed with siblings, etc.
4. The process for ensuring that each child's trust fund remains below the SSI resource limit
should be adhered to more consistently and action taken to expend the funds more timely.
The Government Benefits Clerks distribute a report of all children in receipt of governmental
benefits, their case number, amount of benefit and trust balance to Child Welfare Services(CWS)
Division Managers, CWS Unit Supervisors, AFDC-FC Unit Supervisors and to the Probation
Department on a monthly basis after receipt of the benefit check at the beginning of the month.
CWS Administration is aware of the problem and has instructed the program policy staff to revise
procedures to ensure consistent responses by workers to avoid overpayments.
S. Accounting practices should be reviewed for consistency and timeliness of actions taken
should be improved.
We reviewed processes and met with the GBCs to assure that both follow procedures in a
consistent manner.
The Department recognizes the problem with changing the funding source(the aid type)in a
timely manner so that monies can be retro-abated. With the reduction of staff in our Data
Coordinating Units, the Department is exploring_ alternatives to more efficiently effect funding
changes.
CHILDREN'S SERVICES HANDBOOK
REPLACES: .
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: i
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
TABLE OF CONTENTS
GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
WHAT DOES THE DEPARTMENT DO WITH THE CHILD'S BENEFITS? . . . . . . . . . . . . . . . 1
WHAT IS THE SOCIAL WORKER RESPONSIBLE FOR? . : . . . . . . . . . . . . . . . . . . . . . . . . . 3
WHAT IF THE CHILD HAS AN OUTSIDE TRUST FUND? . . . . . . . . . . . . . . . . . . . . . . . . .
HOW IS THE FOSTER CAREGIVER NOTIFIED THAT THE CHILD HAS A TRUST
ACCOUNT? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
HOW DOES THE SOCIAL WORKER KNOW HOW MUCH IS IN THE TRUST ACCOUNT? . . 6
WHY DO PROPERTY RULES & LIMITS MATTER? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
WHAT KINDS OF THINGS CAN BE PURCHASED WITH TRUST ACCOUNT MONIES? . . . 7
HOW DOES THE SW ACCESS THE TRUST ACCOUNT? . . . . . . . . . . . . . . . . . . . . . . . . . . 9
DOES THE SW HAVE TO GET RECEIPTS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
WHAT HAPPENS TO THE TRUST ACCOUNT WHEN THE CHILD LEAVES FOSTER
CARE? . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
WHAT IS THE GBC RESPONSIBLE FOR? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I1
FORMS .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ITEMS CONSIDERED PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix A
4..:
ITEMS NOT CONSIDERED PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix A
ACKNOWLEDGEMENT OF TRUST ACCOUNT DISBURSEMENTS . . . . . . . . . . . . Appendix B
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
v
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 1
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
revised November 22, 1995
I. GENERAL
This section provides information regarding establishing, monitoring and making disbursements
from trust accounts set up with the child's income/property. It sets forth.the responsibilities of
the Social Worker in relation to both monitoring/disbursing the child's trust account and reporting
changes that may affect the child's eligibility to benefits to the Governmental Benefits Clerk
(GBC).
II. WHAT DOES THE DEPARTMENT DO WITH THE CHILD'S BENEFITS?
Trust accounts are always set up for children when the department has
,:restsibility for
managing the child's benefits or propery. The accounting responsibltr the trust belongs to
the GBC in the Fiscal Unit at Douglas Drive. Management„of' le £rust : ?nIuding determining
the special needs of the child- determining the amounts c rit oriies to be dist resed from trust to a
child or caregiver, and all discussions with parents and cirveregarding` tnst accounts is the
Y
responsibility of the assigned Social
P ty
r
The trust account will be set ::l <: :GBCece < il::..inc `tee and/or operty other than
............
child support coming to the Jehi The::Depar x t s responsible for keeping a record of and
utilizing the child's:::::rlcprxie andt"'. : e'ty to et his/her needs; and for conserving, as personal
g ::.:..
any-..-::.M
n :::x an es :e Bess:of the ca >:p. care.
property, y. .
The Departmeri> sxpect `o exercise prudence and judgment in authorizing expenditures from
the trust account' :vxli.esri:<'I`iie Department is ultimately liable and is held accountable for
.........................
........................
......................
ensuring that these:::fiirids are disbursed in a responsible manner. This money should be used to
benefit the child in terms of both immediate and long-term needs and should be an extension of
the ongoing case planning process.
The child's available income/resources must be used to meet the cost of his/her care. This
includes Social Security benefits (SSA and SSI), VA benefits, income which can be made
available"from trust funds, personal property, child support, and any other income specifically for
the child's use.
(DMCL 9 96-??)
Contra Costa County Issued/Revise& 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 2
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
A. Lump Sum
1. Child Receiving AFDC-FC
a. SSI Lump Sum
The Department uses the lump sum award to reimburse the cost of the child's
care for that same period of time. Any money left over is held in trust for the
child. For example, the Department receives an SSI lump sum award payment
of$4,560 on 1/15/95 which covers 7/1/94 through 12/31/94. For that same
period of time, the Department paid out $2,400 ($400/month for six months).
Since the lump sum was more than the cost of care, $2,160 would be put into
trust for the child.
b. SSA or other Lump Sum
If the lump sum exceeds the cost of care, the Eligibility Worker calculates a
period of ineligibility. During that time, the lump sum is used to pay for the
child's cost of care. If the lump sum does not exceed the cost of care, it is
treated as income and used to reimburse the cost of the child's care for that
same month..
2. Child Receiving CBCC
The Department uses the child's lump sum award to reimburse the money spent to
cover the cost of the child's care for that same period of time. Any money left over
is held in trust for the child. For example, the Department receives an SSI lump sum
award payment of$4,560 on 1/15/95 which covers 7/l/94 through 12/31/94. For that
same period of time, the Department paid out $4,800 ($800/month for six months).
Since the cost of care exceeded the lump sum, there would be no money left over to
go into trust.
B. Ongoing Benefits
The Department uses the child's monthly income to cover the cost of his/her care for that
month and any remainder is put into trust for the child. If the child receives State AFDC-
FC, the SSI payment is counted as income by the Department and is reported on the "aid
claim" as revenue. If the child receives Federal AFDC-FC, the EW changes these cases to
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 3
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
County Board and Care for Children (CBCC) so that the foster care payment is not counted
as income by the Social Security Administration_
III. WHAT IS THE SOCIAL WORKER RESPONSIBLE FOR?
A. Dependent Child of the Court
The Social Worker is responsible to do the following:
1. Notify the Eligibility Worker of any income or personal property payable to the child
which needs to be applied for or transferred to Social Service for deposit in a trust
account.
2. Determine the appropriate cost of care. See DM 31-600.2
3. Include in the child's case plan identification of any special needs. If the foster
caregiver is familiar with the child, consult with him/her to determine the child's
special needs and develop a plan for utilizing the child's money to his/her best
benefit. If the foster caregiver is not familiar with the child, review the child's special
needs with the caregiver to decide how best to spend the money to benefit the child.
All discussions with the caregiver should be documented on the S-3.
4. Monitor the child's trust account balance to determine if there are sufficient funds in
the account to meet the child's special needs and to ensure that the balance does not
go over the $2000 property limit for AFDC-FC, SSI and Medi-Cal. Ttust account
funds must not accumulate unnecessarily to the extent that the child becomes
ineligible for these benefits.
5. Authorize disbursements from the child's trust account consistent with the child's best
interests and the case plan. If the warrant will be issued to the caregiver, s/he must
sign the GBC2. This ensures that the caregiver is aware of what the money is-for
and the need to provide receipts.
6. Answer any questions from parents or caregivers regarding trust accounts. If the
Social Worker does not know the answer, s/he should consult with the Unit
Supervisor. If the Unit Supervisor is unsure of the answer, s/he should consult with
either the Program Analyst or the Fiscal Analyst depending on the issue. It is not
(DMCL 9 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDRENS SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 4
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
appropriate to refer anyone from outside the Department to the GBC for trust
information.
7. Send a copy of the court order to the GBC when dependency is vacated/dismissed.
Attach a DC 107 giving the address of the individual to whom the balance of the trust
account shall be disbursed.
B. Voluntary Placement
Refer the parent/guardian to the AFDC-FC Eligibility Worker to complete the AFDC-FC
Intake packet. In conjunction with the application, the Eligibility Worker will refer the
parent/guardian to Family Support to sign a support agreement. The Social Worker cannot
make an agreement to place the child until the parent/guardian signs a support agreement.
C. Reporting Changes to the GBC
Since SSI is a "welfare" program, changes in the child's circumstances can affect eligibility
for benefits and/or the level of benefits the child qualifies for. It is imperative that changes
are reported to the GBC as soon as possible. The Social Worker is responsible for
reporting the following to the GBC via the SW Notice to GBC/Tech (GBC3):
1. Child enters or leaves an institution (hospital, skilled nursing facility, nursing home,
intermediate care facility, psychiatric hospital, Juvenile Hall/Camp/Ranch).
2. Child is placed/replaced.
3. Child who is federally eligible (aid code "42") is placed in a facility that costs more
than $1000/month.
4. Child runs away and is not in placement on the first of the month or child returns
from runaway status.
5. Change in child's income (any income other than SSI - earned and unearned).
6. Change in child's property (real and/or personal).
7. Change in child's school attendance. SSA Children 18 years of age must be attending
full-time elementary or high school in order to remain eligible. If the child completes
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 5
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
his/her high school program at age 18'/s, he/she is no longer eligible to either SSA or
AFDC-FC.
8. Child is returned to the home of either parent/guardian on a trial visit.
9. SW has advised Parent/Guardian to apply to become the payee for the child's benefits.
10. Child's condition improves to the point that s/he may no longer meet the SSI
disability criteria.
11. Child leaves the U.S. for 30 days or more.
12. Jurisdiction is transferred from or to another county.
13. Supervision responsibility is transferred to Casey Family Program.
14. Child's Dependency is vacated.
15. Child dies.
IV. WHAT IF THE CHILD HAS AN OUTSIDE TRUST FUND?
When a child has a Trust Fund established by a court other than the Juvenile Court (for example,
an inheritance or insurance settlement), the individual or institution in control of the fund is
responsible for using the fund for the child's needs. If the monies in that fund incombination
with other nonexempt personal property would exceed the limits of AFDC-FC eligibility, the
individual in control of the fund must be requested to petition the court to make the fund
available to support the child.
This fund will be considered as available personal property (for eligibility determination or grant
computation) unless:
A. The trustee refuses to cooperate with the request to petition the court.
B. The court has been petitioned but has not made a judgement.
C. The court has refused the petition.
(DMCL 4 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 6
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
The Department may choose, but is not required, to pursue other action leading to the release of
the fund. The Department may request that the court remove the current trustee for failure to
fulfill his/her responsibility as trustee, and assign a new trustee. The Family Support Division of
the District Attorney's Office has the responsibility for pursuing release of the trust fund if the
Department chooses to do so.
If contacted by an attorney regarding setting up an account for a child, the Social Worker should
advise the attorney that the Department must consider and utilize any income and/or property that
is available to the child. Any available income will be used to pay for the cost of the child's
care. Unless access to a trust account is blocked, the Department will consider it available and
will count it as property. The trustee named on the account should be a responsible adult, other
than the child's foster caregiver. Attorneys and/or their secretaries frequently act as trustee. If
there is no one else to act in this capacity, the account may be set up in the name of the Director
of the Social Service Department.
V. HOW IS THE FOSTER CAREGIVER NOTIFIED THAT THE CHILD HAS A TRUST
ACCOUNT?
A. SSI
The SSI Clerical Specialist will notify the caregiver when the initial SSI award is made.
After that, the Social Worker is responsible for all contact with the caregiver regarding the
child's trust account. If the child is replaced in another facility, the SW should advise the
new caregiver of the trust's existence.
B. Other Benefits
The Social Worker is responsible for all contact with the caregiver regarding the child's
trust account. The GBC may be used for this purpose.
VI. HOW DOES THE SOCIAL WORKER KNOW HOW MUCH IS IN THE TRUST
ACCOUNT?
The GBC prepares a monthly Trust Account Report and sends a copy to the Child Welfare
Division Managers, Foster Care Unit Supervisors, and Child Welfare Unit Supervisors. The
Child Welfare Unit Supervisors will review the report and make copies for the individual social
workers.
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 7
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96 .
The amount of the child's trust account balance, if any, depends on several factors - the amount
of the lump sum, the monthly benefit amount, the placement cost, and whether the child was
aided through AFDC-FC or CBCC. Generally, the child will only have a trust account if the cost
of care is less than the monthly benefit. The difference between the cost of care and the monthly
benefit may be disbursed using the DC 107 (Trust Account Disbursement Request) procedure.
VII. WHY DO PROPERTY RULES & LIMITS MATTER?
Since SSI, Medi-Cal and AFDC-FC are all "welfare" programs, the property limit is $2000. Any
foster child whose property exceeds $2000 becomes ineligible for AFDC-FC and Medi-Cal and
SSI. For this reason, it is imperative the the trust be kept below $2000.
For SSI purposes, the Social Security Administration allows the child six months to spend down
the lump sum award money.
VIII. WHAT HINDS OF THINGS CAN BE PURCHASED WITH TRUST ACCOUNT MONIES?
The child's trust is always used to directly benefit the child in terms of both current and long
term needs. The first priority for use of any income available to the child (child support,
governmental benefits, etc.) is to meet the cost of his/her care. Determining how to spend any
remainder in the trust account is part of the case planning process. Disbursements from the
child's trust account are not limited by State regulations governing Service-Funded Activities and
can include the purchase of goods or services that will benefit the child by stimulating his/her
physical and/or emotional growth.
Social Workers should check with the GBC prior to authorizing or spending any money from the
initial lump sum award. Child Welfare Division Managers may approve exceptions if the child
has a current need, which has been identified in the case plan and which must be met during this
time period.
The child's case plan should include identification of any special needs. This should be an
ongoing process to ensure that funds are disbursed in connection with a plan. Ideally, Social
Workers faced with the need to "spend down" a lump sum remainder will have already developed
plans and set priorities based on the child's long-term maintenance as well as current service
needs.
(DMCL 9 96-??)
Contra Costa County Issued/Revised- 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 8
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
When authorizing disbursements from the child's trust account, the Social.Worker,should consider
the following:
A. Child's Belongings
Anything purchased with the child's money belong to the child and must go with the child
when s/he leaves that placement.
B. Service Needs
Trust account funds should be expended prior to submitting an ADM 335 to request
approval for CWS Service Funded Activities. The following list is intended to be
illustrative, it is not all-inclusive:
1. additional therapy visits or medical services/equipment which are not covered by
Medi-Cal; e.g.; orthodontia, extra glasses, air purifier for an asthmatic child, elective
surgery which would enhance the child's self esteem, etc.
2. tutoring, classes which would improve study habits or private school tuition
3. art, dance or music lessons
4. sports camp, sports equipment or summer camp
5. personal computer, sewing machine, clothing, books or records
6. child's airline tickets and money to cover the child's expenses to visit relatives or for
outings such as amusement parks or vacations with the caregiver. E.g., caregiver
wins a trip to Hawaii and asks for money to cover the child's airfare.
7. high school yearbook, class ring, prom
8. automobile insurance, if the child is a licensed driver
C. AFDC-FC Eligibility
Eligibility for AFDC and AFDC-FC are subject to the AFDC property regulations in EAS
42-200 which are outlined in Appendix A. The Social Worker needs to be careful when
spending the child's trust not to simply convert the money to another form of property.
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 9
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
Specific questions about whether or not an item is considered property should_be addressed
to the child's Eligibility Worker.
IX. HOW DOES THE SW ACCESS THE TRUST ACCOUNT?
The Social Worker requests authorization for expenditures from the child's trust account via the
DC 107. If there is a regularly recurring expense and the amount is the same each month, the
Social Worker can complete a single DC 107 for up to a three month period.
A. Form Completion (DC 107)
Complete the top two lines and Sections I and II of the DC 107.. If the expenditure is for
$1000 or more, the Social Worker must attach a brief memo regarding the use of the
money.
B. Administrative Approval
Route the form to the Unit Supervisor for approval. If further approval is needed, the Unit
Supervisor will forward the form to the appropriate level depending on the amount of
disbursement being requested.
C. Level of Approval
1. Disbursements of less than $300 may be approved by the Unit Supervisor.
2. Disbursements of $300 to $999.99 must be approved by the Child Welfare Division
Manager.
3. Disbursements of$1000 or more must be approved by the Assistant Director,
Services.
D. Form Distribution
When the expenditure is approved, the Social Worker will retain the pink copy for the case
record and file it on the lower left. Send the white and yellow copies, along with the
GBC2, to the GBC for payment.
(DMCL 9 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 10
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
X. DOES THE SW HAVE TO GET RECEIPTS?
Since the Department is accountable for ensuring that funds are disbursed in a responsible
manner, receipts must be obtained for all disbursements. A new form; the Acknowledgement of
Trust Fund Disbursements (GBC2) has been developed for this purpose (see Appendix B). The
Social Worker needs to do the following:
A. Discuss and decide with the caregiver the item(s) to be purchased and the amount of the
disbursement. Advise the caregiver that the GBC2 must be signed and returned prior to
the disbursement of funds.
B. Complete and sign the GBC2 and send all copies (along with a self-addressed stamped
envelope) to the caregiver asking him/her to sign the form and return the white and yellow
copies.
C. When the caregiver returns the signed GBC2, send the yellow copy to the Governmental
Benefits Clerk (at 40 Douglas Dr.) along with the approved DC 107 (Trust Account
Disbursement Request) and file the original in the child's CWS case folder.
D. Obtain receipts from the caregiver and forward them to the GBC as documentation of the
expenditure. If the caregiver has lost the receipt, the Social Worker should ask him/her to
sign a sworn statement - the IM 15C (Declaration Under Penalty of Perjury) can be used
for this purpose.
XI. WHAT HAPPENS TO THE TRUST ACCOUNT WHEN THE CHILD LEAVES FOSTER
CARE?
When the child leaves foster care and Dependency is vacated/dismissed, any funds remaining in
the trust account must be released within thirty days. The child's CWS case must not be closed
until the money in the trust has been released.
A. Child 18 Years of Agee or Emancipated
If the child is 18 years old or is a legally emancipated minor, the money should be released
to the child. If the child is 18 but is not competent, it may be necessary for a guardian to
be appointed to act as substitute payee on the child's account; e.g., the Regional Center
would become payee for a developmentally disabled child who will be continuing in
placement under their supervision.
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 11
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
B. Child Under 18 Years of Age
If the child is under age 18, the money should be released to the parent or legal guardian
with whom the child is living. If the child is not living with either a parent or guardian,
the case should be conferenced with the Division Manager to detennine the appropriate
action which may include spending down the trust to purchase of good and/or services for
the child. If the child is in an adoptive placement, the trust is released when the adoption
has been finalized.
XII. WHAT IS THE GBC RESPONSIBLE FOR?
The Government Benefits Clerk is responsible for the following:
A. Set up a trust account for children who receive any benefits (SSA, SSI, retirement benefits,
insurance, etc.).
B. Receive monies and maintain records of deposits and disbursements.
C. Receive Medi-Cal Benefit Identification Card (BIC) for all SSI children and forward the
BIC to the child's current caregiver.
D. Prepare monthly Trust Account Report and send a copy to the Child Welfare Division
Managers, the Foster Care Unit Supervisors, and the Child Welfare Unit Supervisors for
review and disbursement to their unit. This serves as notification to alert the Social Worker
that the trust account balance is close to $2000. If the account reaches $2000, the child is
rendered ineligible to AFDC-FC and may also be ineligible for SSI and Medi-Cal.
E. Process disbursements from trust account upon receipt of an approved DC 107 from the
child's Social Worker.
F. Release any monies remaining in the trust account to the child, parent or guardian
according to instructions on the DC 107 when the vacate/dismiss court order is received.
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
r - CHILDREN'S SERVICES HANDBOOK
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 12
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 01-01-96
XIII. FORMS
DC 107, Trust Account Disbursement Request
GBC2, Acknowledgement of Trust Fund Disbursement
GBC3, SW Notice to GBC/Tech
IM 15C, Declaration Under Penalty of Perjury
GBC , SW Notice to Caregiver of Benefits
CONTACT PERSON: First Line Supervisors and above may contact the FC Program Analyst with
questions about this manual section.
(DMCL 9 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
r ' • a ♦ t 'ti r
• CHILDREN'S SERVICES HANDBOOK APPENDIX A
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 1
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 07-01-95
AFDC PROPERTY RULES
Items Considered Property
1. Liquid resources such as cash on hand or in savings and checking accounts; financial
instruments including securities, stocks, bonds, mutual funds shares; cash surrender value
of insurance policies; promissory notes, mortgages and deeds of trust; and income tax
refunds.
NOTE: This includes any money held by the Department in the child's trust account and
any money released to the caregiver but not actually spent. For example, if $1,000 is
released to the caregiver to pay for the child's orthodontia, that money is property until it
is actually paid to the orthodontist.
2. Motor vehicles (net market value): For recipients, that portion of the value that exceeds
$4,500. For applicants, that portion of the value that exceeds $1,500.
3. Mobile homes, campers, trailers and houseboats unless used as a family's only home.
4. Boats and recreation equipment
5. Musical instruments
6. Power tools
7. Farm equipment, livestock (including cattle, sheep, horses, mules, donkeys, llamas, pigs,
goats), and fowl other than that retained for family consumption.
8. Personal effects other than clothing, wedding, and engagement rings, heirlooms and
prosthetic devices.
9. Permanently affixed items, such as built-in appliances and wall-to-wall carpeting
(DMCL 9 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
- CHILDREN'S SERVICES HANDBOOK APPENDIX A
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 2
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 07-01-95
AFDC PROPERTY RULES
Items Not Considered Property
1. Furniture
2. Major and small appliances, including air conditioners
3. Kitchenware
4. Television and music systems
5. Personal computer systems
6. Savings and interest accumulated pursuant to a child's ILSP written transitional
independent living plan and retained by a child who is 16 years of age or older and is
participating.in the ILSP.*
7. Up to $5,000 in a restricted accounts for the purpose of postsecondary education or
vocational training of a child, or the start up of a business or the purchase of a home.*
*SSI rules allow.a child to set aside funds as part of a "plan to achieve self-support" (known as PASS).
To qualify, the plan must be designed especially for the child and must:
a. Be in writing
b. Have a specific work goal which the child is capable of performing;
C. Have a specific timeframe for reaching the goal (no longer than 48 months);
d. Specify what money and other resources will be used to reach the goal;
e. Show how the money and resources will be used;
f. Show how the money set aside will be kept identifiable from other funds; and
g. Be approved by the Social Security Administration and periodically reviewed by them to
assure compliance.
(DMCL # 96-??)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10
f
- CHILDREN'S SERVICES HANDBOOK APPENDIX B
REPLACES:
SECTION: 30-518.1 Trust Accounts for Children Who SECTION: 31-600.3
PAGE NO.: Receive Governmental and PAGE NO.: 1
ISSUED/REVISED: 07-31-84 Other Benefits EFFECTIVE DATE: 07-01-95
Social Service Department Contra Costa County
ACKNOWLEDGEMENT OF TRUST ACCOUNT DISBURSEMENTS
I understand that I will be receiving a $ disbursement from the Trust Account of
Name Social Security Number
to purchase the following item(s):
1.
2,
3.
4.
5.
6.
I understand that I will be required to provide the Social Worker with receipts. And, that I will need the prior approval of
the Social Worker to use this money to purchase anything other than the items shown above.
I understand that these items.will belong to the child and that they will go with the child if he/she leaves my home.
Caretaker's Signature Date
Social Worker Signature Date
Orig.: Social Worker file
Yellow: Gov't Benefits Clerk
GBC2 (New 12/95) Pink: Foster Caregiver
(DMCL # 96-77)
Contra Costa County Issued/Revised: 01-01-96
Social Service Dept. Manual Distribution: A-1, A-10