HomeMy WebLinkAboutMINUTES - 04251995 - FHS2 u t F&HS-02
TO: BOARD OF SUPERVISORS s... . Contra
r:
FAMILY AND HUMAN SERVICES COMMITTEE Costa
FROM: l
April 11, 1995County
DATE: _eUuu
SUBJECT: STATUS REPORT ON THE COUNTY'S ADOPTIONS PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
REQUEST the Acting Social Services Director to report to the Family
and Human Services Committee on July 10, 1995 on the following:
1 . A cost estimate for a computer system that would allow the
Department to assemble and maintain essential management
information in terms of the status of each child in long-term
foster care, the plans for each child and the status of the
implementation of those plans for each child.
2 . Copies of relevant statistical reports so the Department, the
Family and Human Services Committee, the Grand Jury and other
interested parties can account for the number of children in
various categories and insure that all interested individuals
are working from the same statistical source documents .
3 . The status of an outreach program with the ministerial
alliance and minority groups designed to generate additional
minority foster homes and potential adoptive homes .
4 . A more detailed explanation of how Supplemental Security
Income (SSI ) revenue is handled in terms of allocating
retroactive lump sum benefits, how funds are allocated to a
trust fund for a child, how foster and adoptive parents are
advised of the balances in a child' s trust fund, and how plans
are made for the expenditure of this revenue in order to
insure that a child' s trust fund does not exceed $2000 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MITT
APPROVE OTHER
SIGNATURE(S): April 25 1995
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
I&UNANIMOUS(ABSENT ) 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 OR Q 5 199"
Contact: Acting Social Service Director PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Foreman, 1994-95 Grand Jury SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
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5 . The status of the administrative review of children in long-
term foster care.
6 . The report from Breck and Associates on the reality of the
timelines proposed by the Department for implementing each of
the recommendations contained in the report from the Child
Welfare Research Center.
7 . The status of each of the goals outlined in the paper entitled
"Child Welfare Services Goals Related to Permanency Planning
for Children" .
BACKGROUND:
On April 4, 1995, the Board of Supervisors approved a report from
the Family and Human Services Committee which directed certain
items that were to be included in the agenda for the Committee's
meeting on April 11, 1995 with foster parents, relative caretakers
and potential adoptive parents .
On April 11, 1995, our Committee met with staff from the Social
Services Department, County Counsel ' s Office, Child Welfare
Research Center and some 80 foster parents, relative caretakers and
potential adoptive parents . We worked through the attached agenda
for this meeting.
Following welcoming comments from Supervisors DeSaulnier and Smith
and opening comments from Acting Social Services Director Bob
Hofmann, Assistant Director for Services Danna Fabella outlined the
multiple funding formulas for the child welfare and adoptions
programs . Ms . Fabella also referenced the attached State pamphlet
on the Adoption Assistance Program (AAP) , which is available to
assist many adoptive parents in meeting the financial needs of
their adoptive children.
Brian Simmons from the Child Welfare Research Center outlined his
agency' s role in interviewing the parties and in reviewing cases in
response to the Grand Jury' s report. Mr. Simmons references his
agency' s report, and the fact that his agency will be continuing to
provide on-going consultation to the Social Services Department and
will do a follow-up review of their recommendations after one year.
Division Supervisor Linda Canan noted her new assignment to oversee
the Adoptions Program, among other responsibilities . She
referenced the timelines for the completion of various tasks, a
copy of which is attached to this report. Ms . Canan noted that the
Department has contacted Breck and Associates and has asked them to
review the timelines to determine how realistic they are. A
representative from Breck and Associates indicated that they will
break all of the tasks into great detail and will consult with
involved individuals in terms of how long each task will take, when
it will be undertaken and completed and who will be responsible to
perform each step in each task.
Ms . Canan also explained how the administrative review will
proceed. The Division Supervisor will review the case. The case
will then be staffed with the Administrative Team. If there is a
serious difference of opinion after the Administrative Team has
reviewed the case, the Youth Law Center will be brought in to do a
full staffing on the case. Ms . Canan also indicated that, in
regard to the Fost/Adopt Program, she and other members of staff
will be visiting San Mateo County to study how they run their
Fost/Adopt Program to see whether we can pick up any pointers from
San Mateo County. Finally, Ms . Canan discussed the goals of the
child welfare services as they relate to permanency planning.
These goals are also attached.
Also distributed to those present were several pages outlining the
SSI Program, what happens to the money, and the process which is
used to determine disability. Copies of these colored pages are
also attached to this report for the Board' s information.
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Ms . Fabella next responded to the points raised by the Grand Jury
at our March 27, 1995 meeting. In regard to the age limits on
adoption, Ms . Fabella reiterated the Department's belief that all
children are adoptable. However, for purposes of the
administrative review, children in long-term foster care who are 12
years old and younger will be reviewed. In regard to more specific
goals, Ms . Fabella noted that the Child Welfare Research Center's
report provides the Department' s goals . They are further outlined
in the attached listing which was reviewed by Ms . Canan. Ms .
Fabella also explained the purpose of the January 30, 1995 follow-
up meeting, which was further supplemented by this April 11, 1995
meeting to which all foster parents, relative caretakers and
potential adoptive parents have been invited.
Ms . Fabella also noted the reason for suggesting that staff attend
seven of the Fost/Adopt training sessions . She also described the
resolution of the discrepancy of some 300 children between the 1100
and 1400 figures which had been of concern to Mr. Fallis. The 1100
figure did not include children in adoptive homes or where the plan
was to return the child to the parents or file for conservatorship.
The 1400 figure does include these children. Ms. Fabella also
noted that while the County is free to expend as much of it own
money on computer systems as it wishes, the State and Federal
governments will not participate in funding such systems where the
County has not received prior approval from the State and Federal
governments . To date the Department has been unable and unwilling
to spend 100% County dollars on a computer management system for
child welfare services, since it was assumed the State' s program
would be implemented shortly.
Ms . Fabella also noted that she shares the Grand Jury' s concern
about the long-term direction that statistics are pointing in terms
of the growth in the number of children who are not being cared for
by their parents . This is, in fact, a concern to the entire
profession. A large part of the problem exists because of kinship
care, much of which did not exist ten years ago.
In terms of the number of children who are freed for adoption, but
not placed in adoptive homes, Ms. Fabella reported that there are
31 such children. In nearly every case they result from a
placement which has been disrupted for one reason or the other. Of
these 31 children:
15 are ages 13-20
13 are ages 7-12
3 are under the age of 7
Of these 31 children, 16 are in the Department's group home unit,
meaning the children are emotionally disturbed. These placements
result from the child' s behavior- problems, money problems or
because relatives decided not to adopt.
Following this, Mike Farr from the County Counsel 's Office was
introduced and explained his role in representing the Department in
dependency cases .
Supervisor DeSaulnier summarized this portion of the agenda by
noting that the Board has approved an additional $600,000 to fund
additional adoptions staff and has also spent money on the Training
Officer position and the contract with the Child Welfare Research
Center. He emphasized that Family and Children' s services are a
priority for the Board of Supervisors .
A number of written and oral questions from the audience were then
taken up by the Committee and responded to by staff.
Mr. Bill Williams asked that this report reflect a correction he
wanted included regarding what he had said as reflected in the
Committee ' s report from its March 27, 1995 meeting regarding the
3
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number of children who are freed for adoption but are not placed
with adoptive parents . Mr. Williams noted that what he said was :
" . . . that based on your numbers and percentages that there should
be at least 48 children that are freed right now and I asked where
are they. "
Based on the reports made to our Committee and the comments and
questions raised by the audience, we have formulated the above
recommendations for further follow-up. We would particularly note
that there continues to be a lot of confusion about the receipt of
SSI revenue, how foster parents are advised of the availability of
these funds and under what circumstances these funds can be made
available to provide for the unmet needs of the child.
4
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FAMILY & HUMAN SERVICES COMMITTEE
Tuesday, April 11, 1995
Contra Costa Water District Board Room
1331`Concord Avenue, Concord
AGENDA
NOTE LOCATION!
7:00 P.M. Meet with foster parents, relative caretakers and potential adoptive parents
regarding the adoptions program in Contra Costa County.
❑ Call to Order, Introduction of Panelists and Summary of the Purpose of the
Meeting..............................................................Supervisor Mark DeSaulnier
❑ Suggestions for how to get the most out of the
meeting....................................................................... Supervisor DeSaulnier
✓ Please feel free to use the cards to write out a question you would
like to ask.
✓ If you have a personal question to ask about your child's case or
your application, please write it down and we will have your worker
call you back.
✓ We will try to take as many oral questions and comments as we can
in the available time.
❑ Opening Comments....................................................Supervisor Jeff Smith
❑ Submit Initial Written Questions from the Audience.
❑ Background statement from the Department........................
.......................................................................Bob Hofmann, Acting Director
❑ Summary of events and activities which have led to this evening's
meeting..................................Danna Fabella, Assistant Director-Services
✓ Description of the funding mechanisms which support the foster care
and adoptions programs.
✓ Key goals and timetable for implementation of the recommendations
of the Child Welfare Research Center
✓ Response to the points raised by the Grand Jury on March 27, 1995.
✓ Description of the number and age of children freed for adoption for
whom adoptive parents have not been located.
❑ Questions from members of the Family and Human Services
Committee.............................................Supervisors DeSaulnier and Smith
❑ RESPOND TO WRITTEN QUESTIONS FROM THE AUDIENCE.......Staff
❑ RESPOND TO ORAL QUESTIONS OR COMMENTS FROM THE
AUDIENCE..................................................................................................Staff
❑ Next steps and plans for any future meetings........Supervisor DeSaulnier
11 Adjourn - 9:30 P.M.
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WHAT IS THE ADOPTION ASSISTANCE PROGRAM?
The Adoption Assistance Program (AAP) provides financial assistance,
including help with medical care, to families who adopt children who would
otherwise remain in long term foster care.
WHO ARE THESE CHILDREN?
These children have one or more of the following characteristics which are a
barrier to their adoption without financial assistance:
• member of a sibling group to be adopted by one family;
• ethnic background,race,color,language;
• mental,physical,medical or emotional handicap;
• age of three years or more;
• adverse parental background(e.g.,drug addiction,mental or
physical illness).
WHAT KIND OF FINANCIAL ASSISTANCE IS PROVIDED?
• Medical assistance(Medi-Cal),and
• A monthly cash benefit to help pay the added expense of raising the child.
4
WHO DETERMINES IF FINANCIAL ASSISTANCE FOR AN
ADOPTION WILL BE PROVIDED?
The public adoption agency determines whether or not a child is eligible for
AAP benefits. The adoptive parents and the public adoption agency
negotiate a payment amount which the county social services department
pays. The adoptive parent(s) are not subject to an income eligibility
requirement in order to apply for AAP. However, when determining the
amount of the AAP grant, the family's income and the resources available
in the community are considered. The payment amount cannot exceed
what it would have cost to maintain the child in foster care.
In a cooperative placement,the family's and child's agencies work together
to assess the needs of the child, determine the amount of assistance and
the length of time assistance will be provided.
WHEN DO AAP PAYMENTS BEGIN?
Adoption assistance payments may begin immediately after the adoptive
placement has been made and the adoptive placement and adoption
assistance agreements have been signed.
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WHAT IF THE CHILD HAS A DISABILITY WHICH DOES NOT
REQUIRE ASSISTANCE NOW, BUT MAY REQUIRE ASSISTANCE
IN THE ?
It is very important for an adoptive parent to complete and sign a Deferred
Payment Agreement with the agency for an eligible child before a final
decree of adoption is entered. If the disability presents problems that
require assistance after the adoption has been finalized,the agreement will
allow for financial assistance to help with additional expenses.
Remember, the Deferred Payment Agreement must be signed prior to the
finalization of the adoption in order to be effective and must specify those
conditions for which AAP benefits may be paid.
CAN THE PAYMENT AGREEMENT BE REVISED IF THE
CONDITION OF THE CHILD OR THE CIRCUMSTANCES OF THE
FAMILY CHANGE?
The initial AAP agreement must be signed before the finalization of the
adoption and each child's case is reviewed at least every two years by the
county agency which granted AAP initially. The adoption assistance
payment can be adjusted at any time if the family's circumstances or the
child's needs have changed. However, any change in the amount or
duration of AAP benefits requires the approval of the adopting family and
the county agency.
HOW(LONG MAYA CHILD RECEIVE AAP?
Normally, AAP eligibility continues until the child reaches the age of 18.
Eligibility may continue until the child reaches the age of 21, if the child
has a mental or physical handicap which warrants the continuation of
assistance.
WILL ADOPTION ASSISTANCE CONTINUE IF THE CHILD
MOVES TO ANOTHER STATE?
Federal laws require that eligibility for AAP benefits,including cash grant
and medical assistance, continue when the family moves to another state.
The original state in which adoption assistance was received continues to
make adoption assistance payments. In many instances, the new state of
residence will provide medical assistance. If not, the original state will
continue to provide this coverage.
WHAT KIND OF FARENT(S)ADOPT THESE CHILDREN?
Adoption caseworkers seek mature adult(s) who have a stable family life,
regular income,good health and a willingness to accept an adopted child as
their own.
Adoptive parents should be flexible, patient and capable of dealing with
changes in their expectations and life styles.
Most importantly, adoptive parents should be able to value their special
child for what he or she can accomplish and to appreciate the child's unique
qualities.
HOW EFFECTIVE IS THE ADOPTION ASSISTANCE PROGRAM?
The Adoption Assistance Program provides advantages to both children
and adoptive parents. The program encourages the adoption of children
who otherwise might not have lifelong families. Children are placed in
families where they receive support and love. This kind of environment
allows the children to develop a positive self-image and eventually become
productive members of our society. The children no longer have to risk
transfer from one foster home to another, with no hope of a permanent
home.
The AAP enables more prospective adoptive parents to pursue adoption
without the fear of being unable to meet the additional expenses involved
with raising a child. The family can then concentrate on providing
emotional support and a healthy environment for the child.
PHOTOLISTING ALBUM
The California's Waiting Children Photo Album includes children who are
available for adoption. The album may be viewed at a licensed adoption
agency in your area.
If you_«J like additional information on adoptions,@e#contact:
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STATE OF CALIFORNIA
Pete Wilson,Governor
HEALTH AND WELFARE AGENCY
Sandra Smoley,Secretary
DEPARTMENT OF SOCIAL SERVICES
Eloise Anderson,Director
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CHILD WELFARE SERVICES GOALS RELATED TO PERMANENCY
PLANNING FOR CHILDREN:
• WITHIN THE NEXT SIX MONTHS, COMPLETE AN ADMINISTRATIVE
REVIEW OF ALL CHILDREN WHO HAVE BEEN IN LONG TERM FOSTER OR
RELATIVE CARE OVER 24 MONTHS AND WHO ARE UNDER THE AGE OF
12.
• DEVELOP A FORMAL FOSPADOPT PROGRAM IN CONTRA COSTA COUNTY.
• CREATE A STANDARD DECISION MAKING CRITERIA REGARDING FAMILY
REUNIFICATION AND THE PLACEMENT OF CHILDREN IN LONG-TERM
FOSTER CARE OR ADOPTION.
• CLARIFY THE ROLES AND RESPONSIBILITIES AS RELATED TO
ADOPTIONS AND PERMANENT PLANNING BETWEEN FAMILY
REUNIFICATION WORKERS AND ADOPTIONS STAFF; AND IMPLEMENT
POLICIES AND PROCEDURES THAT ENSURE TIMELY, EFFECTIVE DECISION
MAKING.
• CREATE AN ADOPTION WORKER'S DESKTOP MANUAL.
• DEVELOP STANDARDIZED HOME STUDY GUIDELINES.
• PROMOTE MUTUAL UNDERSTANDING WITH THE JUVENILE COURT
AROUND ROLES AND RESPONSIBILITIES IN PLANNING FOR CHILDREN.
• DEVELOP A COMMON CONCEPTUALIZATION OF THE FOSTER PARENT
ROLE WITHIN THE CONTRA COSTA COUNTY SOCIAL SERVICE
DEPARTMENT SYSTEM.
• SET UP A CONTINUING EDUCATION CURRICULUM AND TRAINING FOR
ALL DEPARTMENT CHILD WELFARE WORKERS.
A- Supplemental Security Income (SSI)
What is SSI?
SSI is a federal program administered by the Social Security Administration (SSA) that provides
monthly payments to children who have a disability and who have little or no resources and
income.
How does a child qualify for SSI?
Severely Disabled: A child under age 18 who has a severe physical and/or mental impairment
that interferes with his/her life and that is expected to last at least 12 months
or to result in death. When deciding if a child is disabled, the Social
Security Administration looks at how the disability limits his/her ability to
perform normal daily activities that a healthy child of that age can do.
Citizen/Resident Alien: Must be citizen or lawfully admitted permanent resident
Limited Income/Property: Since the child is in foster care, only the child's income/property is
considered. If the child were living in the parent's home, the parent(s)
income/resources would be "deemed" available to the child.
Income: If the child receives Federal AFDC-FC, the Social Security
Administration counts that payment as income on a dollar-for-dollar
basis. If the child receives State AFDC-FC, that payment does not
count as income.
Property: The value of real and personal property (including any trust
monies) must be less than $2,000
How does the Social Security Administration decide if a child is disabled?
A disability examiner looks at all of the child's records from doctors, hospitals, clinics, schools and
others who have provided services to the child. First they determine whether the child has a
physical or mental impairment or combination of impairments that cause more than a "minimal
limitation" in the child's ability to function. This is called the "severity" step. NOTE: The
impairment also must be expected to last at least 12 months or to result in death. For example, a
child with a serious heart condition who has recently undergone surgery would not be eligible if
his/her prognosis for complete recovery is good.
If the child does have a severe disability under this standard, the examiner than asks a series of
question:
1. Does the child's impairment appear in the Social Security "Listing of Impairments"?
The Social Security Administration's "listings" are descriptions of physical and mental
problems, such as cerebral palsy, mental retardation or muscular dystrophy, that are severe
enough to disable a child. The listing of children's mental impairments has separate age-
specific descriptions, including "developmental delay," for infants and for children from
age one to three. If the child's impairment is of the severity described in the listing, the
child "meets a listing". Then, if the income and resources are under the SSI limit, that
child is eligible for SSI.
If the impairment isn't listed, the Social Security examiner asks a second question:
2. If the child's impairment is not listed, is it medically or functionally as serious as a
listed impairment?
If the child's impairment "equals the listing", the child would be eligible for SSI as long
as his/her income and resources are under the SSI limit.
If the impairment is not medically or functionally equivalent to one of the listed
impairments, the Social Security examiner asks a third question.
3. Does the impairment keep the child from doing everyday things most children of the
same age do?
This assessment is prepared by the medical consultant who reviews all of the evidence
submitted (medical and non-medical) and then decides if the child is able to perform daily
living activities at an "age appropriate" level.
For example, children at three months should be able to hold their head steady. At 10
months, children should be able to feed themselves with their fingers. At 20 months,
children should be able to walk. To learn if the child can do such things, the Social
Security examiner needs an "individualized functional assessment".
What if there's not enough medical evidence for the examiner to decide?
If there's not enough medical evidence, the Social Services Department may ask parents, foster
parents, teachers or day-care providers to provide evidence regarding the child's ability to perform
daily-living activities. Also, the Social Security administration may request an additional exam by ;
its own consulting doctors. If the exam and other evidence show that the child does much less
than expected in one area or is moderately restricted in a number of daily-living activities, the child
may be considered disabled and would then be eligible for SSI as long as his/her income and
resources are under the SSI limit.
Does the Social Services Department apply for SSI for all potentially eligible children?
The Social Service Department does not apply for SSI for every child who is potentially eligible.
The Department looks at which of the available funding sources will provide the most money to
cover the cost of the child's care.
If the child is not eligible for the Federal AFDC-FC Program, the Department will always apply
for SSI. If the child is eligible for the Federal AFDC-FC Program, the Department will only apply
for SSI if the cost of that child's care is less than $1,000 per month. But, even when it is not
advantageous to apply for SSI, the Department may do so, if this is in the best interest of the child.
For example, the Department would apply for SSI for a child who is 17% years old and who will
be remaining in placement under the supervision of the Regional Center when s/he turns 18.
WHAT DOES SOCIAL SERVICE DO WITH SSI?
Does the Social Service Department collect SSI and also get AFDC-FC?
The Social Service Department looks at which of the available funding sources will provide
the most money to cover the cost of the child's care. If the child is not eligible for the
Federal AFDC-FC Program, the Department will always apply for SSI. If the child is
eligible for the Federal AFDC-FC Program, the Department will only apply for SSI if the
cost of that child's care is less than $1,000 per month and, in order to make the best use of
that revenue source, the Department changes these cases to County Board and Care for
Children (CBCC).
1. Child Receives State AFDC-FC
For these children, the County's share of the cost of care is 60% and the State pays
the remaining 40%. State AFDC-FC regulations require the Social Service
Department to count the SSI payment as income available to meet the cost of that
child's care. If the child's income is more than the cost of his/her care, that is, if
income exceeds need, there is no eligibility for State AFDC-FC. If the child's
income is less than the cost of his/her care, the Department can receive the SSI and
also claim State AFDC-FC. The SSI payment is reported on the AFDC-FC "claim"
as revenue. The State AFDC-FC payment is not counted as income by the Social
Security Administration.
2. Child Receives Federal AFDC-FC
For these children, the County's share of the cost of care is 30%, the State pays 20%
and the Federal Government pays the remaining 50%. Federal AFDC-FC
regulations do not require the Social Service Department to count the SSI payment
as income, but, the AFDC-FC payment to the caregiver is counted as income by the
Social Security Administration. There is, in effect, no limited financial eligibility for
SSI if the child receives Federal AFDC-FC. Therefore, if SSI is awarded, the
Department stops the Federal AFDC-FC and changes the case to County Board and
Care for Children (CBCC). The CBCC payment is not counted as income by the
Social Security Administration. But, the State and the Federal Government pay no
part of the cost of care.
3. Child Receives County Board and Care for Children (CBCC)
For these children, the County's share of the cost of care is 100% - the State and the
Federal Government pay nothing. CBCC rules require the Social Service
Department to count the SSI payment as income available to meet the cost of that
child's care. The CBCC payment is not counted as income by the Social Security
Administration.
What happens to the lump sum award?
The Social Service 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 lump sum
award money left over is held in trust for the child. For example, the Department receives a
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).
$2,160 would be put into trust for the child.
What happens to the ongoing SSI payment?
The Social Service Department uses the child's monthly SSI payment 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 "claim" as revenue. If the child receives Federal AFDC-FC, the Department
changes these cases to County Board and Care for Children (CBCC) so that the foster care
payment is not counted as income by the Social Security Administration.
How much can be set aside in trust for the child?
The property limit for SSI and AFDC-FC is $2,000. Since these are "welfare" programs the
property limits are governed by regulations and are meant to be restrictive. That is, a child
with $2000.10 is considered to have excess property and, therefore, to be ineligible. A child
whose property exceeds $2000 becomes ineligible for SSI, AFDC-FC and for the Medi-Cal
benefits that go along with those programs. In practical terms, this means that the child's
trust monies will then be used to pay for his/her placement costs and medical care.
For AFDC-FC purposes, any unspent income is considered property in the next month. For
SSI purposes, the rule differs depending on whether the source was the lump sum award or
the ongoing benefits. If the source was the lump sum award, the Social Security
Administration allows the child six month to spend down the money. If the source was the
ongoing payment, the Social Security Administration would discontinue SSI whenever the
trust goes over $2,000.
NOTE: The property limit for AFDC-FC applicants is $1,000. Whenever a child becomes
ineligible for AFDC-FC, s/he is considered an applicant again and the trust must be spent
down to below $1,000 in order for the child to again become eligible.
2
When does the Social Worker tell the Foster Parents a child is getting SSI?
As a practical matter, the Social Worker usually waits until s/he learns whether or not there
will be any money put into trust for the child. However, the "case plan" that the Social
Worker has developed should include consideration of current or potential trust monies and
identification of any special needs
What ldnds of things can be purchased for the child out of the trust?
The Social Service Department must exercise prudence and judgment in authorizing
purchases from the trust monies that it holds for the child. 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.
Purchases should be for goods or services that will benefit the child by stimulating his/her
physical or emotional growth. This could include 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, etc. They could also include sewing machine, clothing,
books/records, summer camp, sports equipment, or tutoring.
One of the Social Worker's considerations is that anything purchased with the child's money
is considered the property of the child and should go with the child when s/he leaves that
placement. The other consideration is that both AFDC-FC and SSI have regulations limiting
property. Social Worker's need to be careful that they do not just convert the trust to
another form of property. If this were to happen, the child would be ineligible for SSI and
AFDC-FC.
1. The following items are not considered property:
furniture
v major and small appliances, including air conditioners
f kitchenware
television and music systems
f personal computer systems
Both AFDC-FC and SSI regulations allow a child to set aside money for
education/vocational training and/or starting a business. However, the requirements are
complex and each child's specific circumstances need to be evaluated.
3
P
t
7
2. The following items are considered property:
f liquid resources such as cash on hand or in savings and checking accounts any
financial instruments, cash surrender value of insurance policies, promissory
notes, mortgages and deeds of trust; and income tax refunds. This includes any
money held by the Department in trust for the child's. It also includes any
money held by the foster caregiver, e.g.; money put aside to pay for orthodontia.
motor vehicles (net market value) For recipients, that portion of the value that
exceeds $4500. For applicants, that portion of the value that exceeds $1500.
.� mobile homes, campers, trailers and houseboats unless used as a family's only
home.
boats and recreation equipment
f musical instruments
v power tools
farm equipment, livestock (including cattle, sheep, horses, mules, donkeys,
llamas, pigs, goats), and fowl other than that retained for family consumption.
v personal effects other than clothing, wedding, and engagement rings, heirlooms
and prosthetic devices.
V permanently affixed items, such as built-in appliances and wall-to-wall carpeting
What happens to the trust when a case is closed?
When the case is closed, any money in the trust.is released. If the child is 18 years old, the
money would be released to the child. If the child is under age 18, the money would be
released to the parent or legal guardian with whom the child is living.
4
L ZEBLEY
What is Zebley?
Zebley v. Sullivan was a 1990 U.S. Supreme court decision which modified the SSI/SSP
eligibility standard applied to children. In effect, it made it easier for children to qualify
for SSI/SSP.
What happened before Zebley?
Children were held to the same eligibility standard as adults. That is, they had to have a
physical or mental impairment comparable in severity to one that would prevent an adult
from being gainfully employed.
What happens now?
Children are now evaluated on the basis of how the disability affects their ability to
function independently in an age-appropriate manner. That is, how s/he performs normal
daily activities that healthy children of the same age can do.
The new rules reflect a basic shift in approach from a strictly medical, diagnostic view of
disability to a functional view in which non-medical evidence; i.e., evidence from nurses,
therapists, teachers, day care providers, social workers, parents, foster parents etc. is just
as significant as evidence of the child's medical condition. This new approach looks at
various "domains" of development and is called an "individualized functional
assessment".
What is an individualized functional assessment?
The child's behavior is measured against the norms for his/her age; and, the cumulative
impact of the delays is considered. That is, if only one area of functioning is affected,
the child would need to be severely impaired to be eligible. But, if two or more areas of
functioning are affected, moderate impairment in each of those areas might have the same
impact on the child's overall functioning as a severe impairment in a single area.
The impairment(s) must substantially reduce (or if the child is under age 1, be reasonably
expected to substantially reduce) the child's ability to:
1. Grow, develop, or mature physically, mentally or emotionally and, thus, attain
developmental milestones at an age-appropriate rate; or
2. Grow, develop, or mature physically, mentally or emotionally and, thus, engage in
age-appropriate activities of daily living in self-care, play, recreation/sports,
school/academics, vocational settings, peer and family relationships; or
3. Acquire the skills needed to assume roles reasonably expected of adults
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SSI DISABILITY EVALUATION PROCESS
1 Is this child working and making more YES DENY
than $500/month?
NO
Does this child have a severe impairment
101 combination of impairments that
2. interferes with his/her life and is NO DENY
expected to last more than 12 months or
to be terminal?
YES
;1s this impairment on the YES ALLOW
111sting of Impairments?
NO
Is this impairment medically equal to YES ALLOW
one on the Listing of Impairments?
NO
Assess Child's Overall Functioning
Is this impairment functionally equal to YES ALLOW
one on the Listing of Impairments?
NO
Complete an Individualized Functional Assessment
Is this impairment comparable in
4 severity to an adult disability? Does it YES ALLOW
keep the child from doing the everyday
things most children that same age do?
NO
DENY