State Issues Guidance Allowing NMDs to Reside with Biological Parent in SILPs

When extended foster care was implemented, guidance from the California Department of Social Services (CDSS) indicated that residing with a biological parent was not an eligible placement setting for a non-minor dependent (NMD) residing in a Supervised Independent Living Placement (SILP).

CDSS has just released an All County Letter stating that this policy has changed, based on guidance provided by the federal government in 2013 clarifying that Title IV-E funds can be used for a youth age 18 or older living in a Supervised Independent Living Setting who is residing in the same home as his/her parent or guardian as long as the Title IV-E agency is providing supervision.

When referring to a NMD living in a SILP with a parent, the term “parent” refers to both a parent from whom the youth was removed or any non-custodial parent. This can include, but is not limited to, a biological parent, guardian or adoptive parent.

The ACL states that the social worker or probation officer must make a determination of whether it is safe for the NMD to reside in the same home as the parent(s) in the same way it would be made with regards to anyone else a NMD chooses to live with in a SILP, and that the SILP readiness assessment tool should be utilized to determine if the NMD is making appropriate decisions with regards to the person(s) with whom they plan to reside.

While NMDs may reside in a SILP with their biological parent, the ACL indicates that the parent may not be NMD’s payee for the foster care payment. To read the ACL, follow this LINK.