Resource Family Approval (RFA) Program - Advokids: A Legal Resource for California Foster Children and Their Advocates

Resource Family Approval (RFA)

The Resource Family Approval (“RFA”) program is a statewide foster caregiver approval process for all caregivers (related and non-related). The RFA program has a single approval standard that replaces the previous multiple processes for licensing foster family homes, approving relatives and non-relative extended family members (“NREFMs”) as foster care providers, and approving families for legal guardianship or adoption. Tribally approved homes are not required to adhere to the RFA standards. The RFA program was implemented statewide in January 2017.

RFA creates a framework for all families, including relative and NREFM caregivers, called "resource families" to receive the same information, training and opportunities for support. A resource family completes one approval process, and once approved, may choose to provide care on a short- or long-term basis. Once caregivers are approved resource families, they will not have to undergo any additional approval or licensure if they choose to adopt or be appointed a guardian for a child in foster care. Approval of a resource family, however, does not guarantee placement of a child with that resource family. The child’s social worker will continue to make placement decisions based on what is in the best interest of the child.

The California Department of Social Services (CDSS) has authority to temporarily administer the RFA Program through “Written Directives.” The CDSS has issued Written Directives and forms for implementing the RFA Program to ensure consistent standards among all counties and approving agencies. The latest version of the Written Directives can be found on the CDSS RFA Program Website (scroll down to "Written Directives"). CDSS has been updating the Written Directives every few months, so be sure you review the most current version.

Welfare and Institutions Code section 16519.5

TABLE OF CONTENTS:

Existing Foster Families and Relative Caregivers Must be Re-Licensed

How to Request Placement of a Dependent Child

Placement Prior to Resource Family Approval

The Resource Family Approval Application Process

RFA Checklist

The RFA Assessment Components

The County's Written Assessment

Additional Resources

How You Can Request Placement of a Dependent Child

Inform the Social Worker

It is important that the county agency knows you are interested in caring for the child. The social worker must try to place the child with a responsible relative at the beginning of the case so make your intention known as soon as possible. Do this by sending a letter (certified mail) to the case worker and supervisor in the department stating who you are, your relationship to the dependent child, and that you are interested in placement and would like to be assessed. Keep a record of who you contacted at the county agency and when.

In some counties there may be more than one social worker assigned to the case at a given point so inform each and every social worker (in writing) that you are an available placement (they may not share information with one another). If you do not know who the social worker is, call the child welfare hotline for your county and tell them you are a relative or close family friend of a child who has been removed from home and ask how to contact the child's social worker. You will need to provide some information to the hotline, such as child's full name and date of birth (if you know it).

Go to the Court Hearing and Talk to the Attorneys

Although children's court cases are confidential, often relatives and family friends are allowed in the courtroom if no one objects. Even if you are not permitted inside the courtroom during the hearing, you can wait outside and speak with the child's attorney or parent's attorney before the hearing and let them know you are available for placement and provide your contact information. Ask for a business card from whoever you speak with and keep a record of who you spoke to and when.

If You are a Relative or NREFM, File a JV-285 Relative Information form at the Court Clerk's Office

This form allows you to give the court and all parties to the case, including the child’s attorney, information about a child and also inform the court and the parties that you are available for placement. You can file this form at the clerk's office before the first court hearing or any time after. It's always a good idea to drop a courtesy copy in the basket in front of the actual courtroom where the hearing will take place (to ensure the judge sees it). You will find a copy of the JV-285 Relative Information form and more information on our For Relatives and NREFM webpage.

Petition the Court for a 388 hearing by Filing a JV-180 form

You can petition the court for a hearing under Welfare and Institutions Code section 388 by using a JV-180 Request to Change Court Order form. Please reference our JV-180 Request to Change Court Order webpage for more information and instructions on how to prepare and file the JV-180 form.

The JV-180 Request To Change Court Order can be used to ask the juvenile court to review a county’s failure to assess a relative for placement or the denial of a child’s placement with a relative. The county social worker and the court must consider the factors outlined in Welfare and Institutions Code section 361.3, including the best interests of the child and the nature and duration of the relationship between the child and the relative.

Requesting Placement Prior to Resource Family Approval

Emergency Placement with Relative or Nonrelative Extended Family Member (NREFM)

In an emergency situation, a child or a non-minor dependent can be placed with a relative or NREFM prior to RFA approval, if the following requirements are met:

A successfully completed home environment assessment
A criminal records check and Child Abuse Central Index clearance initiating the RFA process within 5 business days (including live scan completed within 10 days of placement) and all remaining components of the RFA process completed within 90 days of placement
If there is a compelling reason, see below for more information.

The County shall complete a Comprehensive Assessment of an applicant and prepare a Written Report within 90 calendar days of the date a child or nonminor dependent was temporarily placed with the relative or NREFM, unless "good cause" exists.

See Welfare and Institutions Code section 16519.5(e) and CDSS RFA Written Directives Version 7, Section 4-08 (effective 1-13-21)

If a child or nonminor dependent is placed in the home of a relative or NREFM prior to approval on an emergency basis pursuant to Welfare and Institutions Code section 309, 361.45, or 727.05, a County shall, within 10 calendar days following the criminal records check conducted through the CLETS, or five business days after a child or nonminor dependent is placed with a relative or NREFM pursuant to Welfare and Institutions Code section 309, 361.45, or 727.05, whichever is sooner, initiate a Home Environment Assessment, including a background check, as specified in Section 6-02(b) and Section 6-03A of the CDSS RFA Written Directives Version 7 (effective 1-13-21).

Placement Based on Compelling Reason

A County may temporarily place a child with "an applicant" prior to Resource Family Approval based on a compelling reason. NOTE: Advokids reads the use of the word "applicant" in the Written Directives as caregivers, even those who are not NREFM or relatives.

A compelling reason may include, but is not limited to:

The unique needs of a child or non minor dependent.
The best interest of a child or non minor dependent to maintain his or her family or family-like connections with an applicant.

The County still must complete a background check and a health and safety assessment of the home and grounds. Further, the County must conduct a Permanency Assessment of an applicant and prepare a Written Report within 90 calendar days of the date a child was temporarily placed with the applicant, unless "good cause" exists.

See Welfare and Institutions Code section 16519.5(e) and CDSS RFA Written Directives Version 7, Section 4-09 (effective 1-13-21)

Foster Care Benefits Do Not Begin Until After RFA Approval but Short-Term Interim Funding Available for Emergency Caregivers

Please note that when a placement is made prior to approval for an emergency or compelling reason the applicant family is not eligible to receive AFDC/FC benefits until all components of the approval protocol have been successfully completed. Welfare and Institutions Code section 16519.5(e)

However, due to a widespread backlog of families awaiting RFA, the State is requiring counties to make short-term interim funding available through June 30, 2019. All counties are now required to provide payment to emergency caregivers awaiting resource family approval in an amount equal to the Continuum Care Reform (CCR) basic level of the home-based family care rate paid to approved resource families.

For more information on whether you are eligible to receive short term funding pending RFA, please review the following CDSS All County and County Fiscal Letters (in order of most recently issued):

All County Letter No. 19-24 (3/13/19)

County Fiscal Letter No. 18-19/03 (7/31/18) (county claim instructions)

All County Letter No. 18-75 (6/29/18)

All County Letter No. 18-33 (3/30/18)

The Resource Family Approval Application Process

There are a number of requirements you must meet to become a resource family. The RFA assessment is supposed to be completed within ninety (90) days. However, the majority of county agencies are currently taking much longer to assess RFA applicants. In some counties, such as Los Angeles, RFA applicants are reporting having to wait approximately nine months for a decision from the county. If you are having issues with your application, contact:

The Resource Family Approval Program Unit at their CCR Branch Line (916) 651-1101; or
The California Department of Social Services via email at RFA@dss.ca.gov

Also, a number of counties (including, but not limited to, Los Angeles, San Bernardino and San Francisco) now have an online version of the RFA application. Please check your county's RFA webpage to see if there is an online application available.

The Alliance for Children's Rights has created a comprehensive resource guide to the Resource Family Approval process. You will find the Alliance for Children's Rights RFA Toolkit here (updated 1/2019).

RFA Checklist for Applicants

This checklist is here so you can familiarize yourself with all of the components necessary to complete RFA. Items are not listed in any particular order. We hope this checklist will help you keep track of all the information that you will need to provide to your RFA social worker.

RFA Application Form (RFA 01A)
RFA Application Form – Confidential (RFA 01C). Note: use this form if there is a specific child identified prior to approval from whom you are seeking placement.
Resource Family Criminal Records Statement (RFA 01B) and, if applicable, an Out-of-State Child Abuse Neglect Report Request (Form LIC 198B)
Proof of identity (e.g. driver’s license, California State ID, etc.) Note: immigration status is not a reason for the county to deny placement of a child with a relative. Other forms of ID will be accepted.
Consent for DCFS to obtain DMV reports for you and for any other adults residing or regularly in your home that may frequently transport children in your care
Consent to release all requested evaluative reports and records (includes physical and mental health ones)
Health Questionnaire (RFA 07), or a health screening by a licensed health professional not older than one year before the RFA application date
DCFS-approved caregiver orientation (likely to be conducted in your home)
CPR/First Aid training
12 hours of DCFS-approved caregiver training (does not include orientation or CPR/First Aid training). Note: some counties may have additional requirements
Verification of your employment (if employed)
Verification of current income and disclosure of expenses
Documents verifying ownership or rental of your home
Documentation of any prior history and/or present status you may have as an approved relative caregiver
Names and contact information for two (2) people who can attest to your character and your ability to safely care for the youth. If this info is not available, applicant must document reasons.
Allow a home health and safety assessment (to determine whether there are home conditions that affect the health, safety and well-being of a child)
Participate in a family evaluation (includes comprehensive inquiry into applicant's personal history, family history and family dynamics)

The RFA Assessment Components

Background Check and Criminal Record Exemption

A thorough background check will be conducted of the applicant and all adults regularly residing in the home. This background check includes, but is not limited to, the following reviews/searches: state and federal criminal records, Child Abuse Central Index (CACI), registration as sexual offender, DMV, CDSS’s Administrative Action Records System (AARS) and Notice of Action (NOA) databases, and Licensing Information System (LIS) database for previous licensing and criminal records exemption history.

If the background check reveals a criminal record for the applicant and/or another adult living in the home, the applicant may be able to obtain a criminal records exemption. Depending on the nature of the crime and how long ago the crime was committed, the exemption may be automatically granted by the county. However, in many instances, a formal request for an exemption in writing will be required. The current process for criminal record exemption is outlined in the CDSS RFA Written Directives Version 7 (effective 1-13-21) section 6-03B(f) and (e).

See Sections 6-03A and B of the CDSS RFA Written Directives Version 7 (effective 1-13-21) for more detailed information regarding the background checks and obtaining a criminal record exemption.

Home Environment Assessment

This assessment includes thorough background checks as outlined in the above section. The assessment also includes a health and safety assessment of the home and grounds, outdoor activity space, and storage areas of the applicant’s home. The assessment shall include the type of residence, available living space, number of bedrooms and bathrooms and any other relevant information (such as presence of weapons, animals or a pool). The Agency will use the Resource Family Home and Health and Safety Assessment Checklist (RFA-03); Welfare and Institutions Code section 16519.5(d); see also Section 6-02 of the CDSS RFA Written Directives Version 7 (effective 1-13-21)

Note: if a child or nonminor dependent is placed in a home of a relative or NREFM prior to RFA approval on an emergency basis, the County shall initiate the Home Environment Assessment within five (5) business days of that emergency placement.

Permanency Assessment

Family Evaluation

This portion of the evaluation includes at least two (2) interviews with applicant (one interview shall occur at applicant's residence and includes observation of the family environment and, if applicable, any parent-child interaction). This evaluation also includes a minimum of one (1) interview with all other adults, children, non-minor dependents, and adoptive, biological, and guardianship children, residing in the home of an applicant to ascertain applicant's (1) parenting skills and (2) strengths and weaknesses.

The type of information you can expect to be asked about includes: your motivation to become a resource family, your childhood upbringing and experiences, adult experiences, and personal characteristics. You will be asked about parenting experiences, practices, and discipline methods and how you intend to promote a normal, healthy, balanced, and supported childhood experience and treat a child or nonminor dependent as part of the family, to the extent possible. You will most likely discuss your background check results, employment, financial situation, and ability to ensure the stability and financial security of the family.

You will also be asked “risk assessment” questions regarding past and current alcohol and other substance use and abuse history; physical, emotional, and sexual abuse, neglect, and family domestic violence history; past and current physical and mental health; current relationships and co-parenting roles.

You will be assessed on your knowledge or ability to demonstrate an understanding of the safety, permanence, protection and well-being needs of children and nonminor dependents who have been victims of child abuse and neglect. You will also be evaluated on your capacity to work cooperatively with the agency, birth parents, extended family, and other service providers in implementing the child’s case plan and ability to support permanency plans for a child or nonminor dependent, including reunification, and help prepare a child or nonminor dependent for permanence or provide permanency.
See Section 6-05 of the CDSS RFA Written Directives Version 7 (effective 1-13-21); see also Welfare and Institutions Code section 16519.5(d)(3)

The County’s Written Assessment and Decision

Once the RFA application is reviewed and assessed, the county must complete a written report of the comprehensive assessment of the resource family that includes a determination that the family possesses the following characteristics:

An understanding of the safety, permanency, and well-being needs of children and nonminor dependents (“NMDs”) who have been victims of child abuse and neglect, a capacity and willingness to meet those needs, and the willingness to make use of support resources offered by the agency, have a support structure in place, or both.

An understanding of children and NMD’s needs and development, effective parenting skills, and a capacity to act as a reasonable and prudent parent in day-to-day decision making.
An understanding of the resource family role and the capacity to work cooperatively with the approving agency and other services providers in implementing the case plan.
The financial ability within the household to ensure the stability and financial security of the family.
The ability and willingness to maintain the least restrictive and most family like environment.

California Department of Social Services All County Letter No. 16-10 (2016)

Once You are Resource Family Approved

Once you are an approved resource family, please visit our Dependency Court Process and For Resource Families webpages for information and resources. Even though you have been RFA approved, that does not guarantee placement of a child in your home.

Welfare and Institutions Code section 16519.5(c)(6)

If You are Denied Resource Family Approval

If you are denied resource family approval or you are decertified (i.e. delicensed), you are entitled to be served a Notice of Action that states the reasons why you were denied or decertified and any statutory authority for the decision. The Notice of Action will also detail your rights to file a written appeal contesting the action (in the form of a state hearing). See Sections 12-05 and 12-06 of the CDSS RFA Written Directives Version 7 (effective 1-13-21)

NOTE: If you believe your RFA may not be approved or may be rescinded, you may consider sending a letter to the county RFA worker and supervisor to see if anything can be done to overcome the reasons you may be denied or lose your licensing (for example: submit additional documentation, attend classes or training, etc). The county is required to use "best efforts" to address any concerns with an applicant or a Resource Family prior to or in lieu of issuing a Notice of Action, Accusation, or Statement of Issues in order to assist an applicant or Resource Family in obtaining or maintaining approval. You can attach a copy of Section 12-03 of the CDSS RFA Written Directives Version 7 (effective 1-13-21) to your letter to the county RFA worker(s).

NOTE REGARDING RFA APPEALS: If you are planning to apply for a state hearing, pay attention to the timeframe to appeal. In certain instances, you only have 25 calendar days to request a state hearing. Please visit our State Hearing webpage for more information.

Additional Resources

For detailed information and instructions to staff on the components and requirements of the approval protocol scroll down to "Written Directives" on the Resource Family Approval Program webpage on the California Department of Social Services website.

Also see Welfare and Institutions Code Section 16519.5

Department of Social Services All County Letter No. 16-10

Department of Social Services All County Letter No. 16-58

State of California Department of Social Services RFA Program Webpage

RFA Directories by County

If you need contact information for the RFA office for an in county or out of county approval, please consult the following directories (updated as of 3/2019):

RFA County Point of Contact Directory for In County Approvals

RFA County Point of Contact Directory for Out of County RFA Approvals

Legal Disclaimer: Advokids provides educational information and resources to those who use our website, call our hotline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.

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