ICPC State Pages

California Definitions

California Specific Definitions

If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).

Adoption

Consistent with survey definition.  Agency adoption means the adoption of a minor, other than an intercountry adoption, in which the department or a licensed adoption agency is a party to , or joins in, the adoption petition.  Independent adoption means the adoption of a child in which neither the department nor an agency licensed by the department is a party to, or joins in, the adoption petition.  Intercountry adoption means the adoption of a foreign-born child for whom federal law makes a special immigration visa available.  Intercountry adoption includes completion of the adoption in the child's native country or completion of the adoption in this state.

Foster-Adopt

Does not apply.  California does not currently have a joint foster care and adoption assessment/home study process although underconcurrent planning the placement agency assists licensed/approved caregivers that commit to wanting to adopt a child to complete the adoption home study process.

Foster Care

Consistent with survey definition. Foster care means the provision of 24-hour care and supervision to a child who has been placed by a child placing agency, including county child welfare services and probation departments.

Parent

For foster care placement parent means the natural or adoptive father or mother, whether married or unmarried; or other adult fulfilling the parental role .  For adoptive placements, "Parent and child relationship" means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. The term includes the mother and child relationship and the father and child relationship.

Relative

Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words "great,""great-great," or "grand," or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.

A "nonrelative extended family member" is defined as any adult caregiver who has an established familial or mentoring relationship with the child. The county welfare department shall verify the existence of a relationship through interviews with the parent and child or with one or more third parties. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends.

Relative Foster Care

Pursuant to the Welfare and Institutions Code: "When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following:…..(2) the approved home of a relative (3)The approved home of a nonrelative extended family member as defined in Section 362.7 ."  Relative and nonrelative extended family member-homes are approved and meet the same  licensing standards as foster family homes (FC Rates).  The State of California has an approval process for relative and nonrelative extended family member (NREFM) foster care placements.  Approval is equivalent to a foster family home license that is issued by the CDSS, Community Care Licensing Division.

General Definitions

Adoption

is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.

The types of adoptions permitted by each state are governed by state law:

• Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
• Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
• Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.

Days

means “Calendar” (not business) days.

Foster - Adopt

is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.

Foster Care (Provider)

is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption.  Foster home means and includes private residences that are licensed, or specialized group homes.

Foster Care Maintenance Payments

means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

Legal Risk Adoptions

A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.

License/certification/approval

means approval and or certification granted by the authority of a state regulatory agency.

Live Scan

is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.

Parent

is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.

Relative

is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.

Relative-Foster Care

refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.