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Name: Social Services Payment Cases
Case #: B200788
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/16/2008

Only homes that are “vendorized” by the regional center are entitled to pay at the higher pay rate allowed for the care of disabled children. “Dual agency children” are developmentally disabled children who qualify for services from a regional center and are also in the foster care system. Foster care homes filed class action lawsuits seeking the additional compensation allowed for housing dual agency children. There is a statutory scheme which includes specific staffing ratios and levels of service in order to be approved by the regional center to provide services. That is separate from DSS’ responsibility under AFDC federal requirements for the placement and care of foster children. Demurrer was granted without leave to amend because only those homes that are “vendorized” by a regional center are compensated at the higher rate as care facilities for people with developmental disabilities.