1. Focus on Foster Family Agencies and Group Home Providers
OVERVIEW of AB 12:
Focus on Foster Family Agencies and Group Home Providers

2. Introductions Who are you?
FFA, Group Home Provider, Social Worker, Relative Caregiver, Foster Parent, Other?
What are the ages of the youth you work with?
What are you most concerned about for youth in foster care who are turning 18?
What do you hope to get out of today’s training?
Any special concerns/questions?

3. Today’s Presentation Overview of New Laws
Eligibility Rules for Participation in Extended Foster Care
Benefits Youth Participating in Extended Foster Care Receive
Placements for NMDs
Placement Decisions and Supervision of Placements
Licensing and Approval Standards for NMDs
Special Populations of NMDs
Resolving Disputes

4. Overview of New Laws 4

5. What challenges do transition age youth currently face?
Inadequate housing
Lack of financial resources
Frequent changes in home and school leave youth unprepared
Lack of adult role models
Lack of information about higher education, financial aid, support resources etc.
This slide and the next two go together as a continuum. The next 2 slides show how AB12 will help improve educational outcomes but AB12 alone is not enough.

6. AB 12 Will Address Many of These Issues by Providing….
Housing through an approved placement
In some cases may receive benefit directly
Monthly visits with social worker and assistance with transition to independence
Health insurance until age 21
Independent Living Services
AB12 does address a number of the barriers that young people in foster care historically have faced when considering higher education. By addressing these barriers AB12 creates a tremendous opportunity.

7. What is the California Fostering Connections to Success Act ?
Allows youth to remain in foster care and continue to receive support until age 20 (and possibly 21)
Requires 90-day transition planning
Replaces California’s old Kin-GAP to align with new federal option (effective 1/1/11)
Extends AAP and Kin-GAP funding for youth who enter Kin-GAP or AAP after age 16
Establishes new requirements for maintaining SSI eligibility for youth with disabilities 7

8. Benefits of New Laws Promotes permanency for foster youth
Enables youth to maintain a safety net of support while experiencing independence in a secure supervised living environment
Helps ensure that youth will be better prepared for successful transition into adulthood 8

9. Eligibility Rules to Participate in Extended Foster Care9

10. Will Visnu and Davion be eligible to participate in
Hypothetical
Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011.
Their father has died and their mother is an alcoholic who is unable to care for them.
Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week.
Davion was recently arrested for robbery and is on probation.
Through the local foster family agency, they were placed with Aunty Em when they first entered foster care in They share a room in Aunty Em’s home. There are also 2 other minors in her home
Will Visnu and Davion be eligible to participate in
extended foster care?
Issues:
Related caregiver vs. Non-related caregiver
SCI
Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))
Age and EFC
And 450 jurisdiction for Davion
CalWORKs vs. AFDC-FC vs. SILP
Possibility of Kin-Gap (for both boys)
Difference between probate and juvenile court guardianship (for Davion)
Disability benefits 10

11. Eligibility Requirements for EFC
Extended benefits available to foster youth who
Have an open court case at age 18
Satisfy one participation requirement
Sign a mutual agreement
Agree to meet with Social Worker
Agree to work on transitional independent living skills
Live in a licensed or approved setting
NRLG created in probate court not eligible
Note that many of these are not conditions of PAYMENT, they are conditions of participation. The social worker or probation officer will engage in ongoing work with the youth to maintain eligibility. If the youth does not meet these expectations, that may be cause to petition for a 391 hearing to terminate jurisdiction (of course, the youth has the right to reenter). These are not reasons to terminate payment (until the court terminates dependency jurisdiction). 11 11 11

12. Phase-in Timeline
2012
Youth can remain in foster care and receive benefits up to 19 years old.
2013
Youth can remain in foster care and receive benefits up to 20 years old.
2014
The final extension to 21 years old is subject to benefit appropriation by the state Legislature.
NOTE: The phase-in does not impact youth who turn 18 on or after January 1, These youth are eligible to participate in extended foster care until age 20 (or 21) as long as all program eligibility criteria are met. 12

13. Youth Who Turned 18 During 2011
Youth who turned 18 during 2011 are eligible IF
There was an order for foster care placement on the youth’s 18th birthday AND
Youth was still under order for foster care placement or re-entered care as of January 1, 2012
Eligible until the youth turns 19 in 2012 – then there is a “gap” in eligibility for continued foster care benefits
Youth who do not meet eligibility can still remain open as “county pay”

14. Categories of Eligible/Ineligible Youth
Pregnant and Parenting
Married
Involved in juvenile justice system
TEST QUESTION #1: Let’s Review test question #1: What kind of court order must a youth have on his/her 18th bday to remain in foster care after age 18? (ANSWER is A-order for fo care placement)
Military 14 14

15. What Must a NMD Do To Receive Financial Benefits?
One of the following:
Be enrolled in high school or equivalent program
Be enrolled in college/vocational school
Work at least 80 hours/month
Participate in a program/activity that helps you find a job or removes barriers to employment
Be unable to do one of the above because of a medical or mental health condition
The participation conditions apply to youth receiving extended KinGAP, extended AAP or NDNRLG (none of whom are NMDs) in addition to NMDs.
Affirmative obligation of SW to help youth maintain eligibility 15 15 15

16. Participation Condition #1: High School-GED
Includes enrollment in public high school, charter high school, alternative high school, nonpublic school, or adult education classes
Any course of study leading to high school diploma, GED, High School Proficiency Certificate, or High School Completion Certification
Enrollment is continuous during breaks
Participation in activities described in IEP

17. Changes in the School Completion Rule
As of January 1, 2012 – there is no completion rule for NMDs participating in extended foster care
Youth qualify to remain in foster care after 18 if enrolled in high school or equivalent regardless of when the youth is expected to complete the program
Completion rule still exists for youth that do not have access to extended benefits, including:
Kin-GAP youth who entered Kin-GAP prior to age 16 and
Youth with non-related legal guardianships created in probate court

18. Participation Condition #2: Post- Secondary Education
Half-time requirement
Includes non-credit courses
Students maintain eligibility over breaks
Students enrolled less than half time and those who drop classes can use participation condition #4 to maintain eligibility
Required verification

19. Participation Condition #3: Working 80 hours per month
Must be a paid position
Includes paid internships and apprenticeships
Meets requirement as long as the youth is
scheduled to work 80 hours/month
Income disregarded from determining amount of foster care payment IF earnings are specified in TILP
Less than 80 hours a month and unpaid employment/internships meet participation condition #4 (activity to remove barriers to employment)

20. Participation Condition #4: Removing Barriers to Employment
Can be self-directed, completed in conjunction with caregiver or social worker, or part of an organized program
Must be working towards goals in TILP
Should be working towards transitioning to education (#2) or employment (#3) participation conditions
Can include job skills classes, mental health treatment, driver’s ed, ILP services and volunteering
Range of documentation options

21. Participation Condition #5: Medical Condition
“A physical or mental state that limits a nonminor dependent’s ability to participate in any of the activities described in subparagraphs (1) through (4)”
Must be verified by health care practitioner
NMD does not need to be seeking treatment for condition
TEST QUESTION #2: Which of the following are participation conditions that a youth can do in order to remain in FC after age 18? (ANSWER A, C & D).

22. Mutual Agreement (SOC 162)
Documents youth’s willingness to:
Remain in a “supervised placement”
Report changes relevant to eligibility and placement
Work with the Agency on the implementation of the TILP
Participate in 6 month review hearings
Documents agency’s responsibility to:
Help NMD develop and achieve goals
Review and update TILP every 6 months
Help NMD remain eligible for extended foster care by responding to problems and connecting NMD to supports and services
Help NMD and caregiver develop Shared Living Agreement
Ensure NMD has Medi-Cal card or other health insurance
Provide NMD with contact information for his/her attorney
Mutual Agreement is NOT a condition of payment! 22

23. Monthly Visits with Social Worker or Probation Officer
Monthly, in-person visits with social worker
100% of visits have to be face-to-face
51% in the home/placement
Purpose of the meeting
Identify participation conditions (including backup) and update TILP and case plan
Identify services in TILP to ensure meaningful participation
Focus on permanent connections and independence
No longer focused on family re-unification, termination of parental rights or establishment of legal guardianship
This training is not focused on the duties/responsibilities/role of the social worker/probation officers in terms of case management/supervision. But, rather – just want to highlight those duties that are related to eligibility.
Most important is the social worker/probation officer has an AFFIRMATIVE obligation to assist a NMD who wants to remain in foster care in meeting on the participation conditions and at a 391 hearing to terminate jurisdiction that the county has requested, the county will have to demonstrate reasonable efforts to assist the NMD in meeting a participation condition.
EW role:
The Eligibility Worker does not do anything with regard to verifying that the youth in fact meets a participation condition. That is the social worker’s obligation. And the EW should not be terminating benefits based on his/her perception/belief/decision that the NMD is not satisfying a participation condition. BUT – CDSS does recommend that the EW keep in his/her file the documentation that the SW collects verifying the eligibility. If the EW does not have the documentation – should contact the SW (it should be in the SW file). It should not be a basis for terminating benefits – and, in fact, benefits continue if there is a dispute between the county and NMD about whether the NMD meets a participation condition until there is a 391 hearing.
See (e) Eligibility for aid under this section shall not terminate until the nonminor attains 21 years of age  the age criteria, as set forth in subdivision (a),  but aid may be suspended and resumed at  when the nonminor no longer resides in an eligible facility, as described in Section 11402, or terminated at the request of the nonminor or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452.
From the ACL: The SW will obtain verification of participation and after completing the TILP with the NMD and reviewing the documentation of participation, the SW shall complete the Certification Form. The Certification Form must be forwarded to the EW. A copy of the Certification Form and all applicable documentation must be kept in the social worker’s case file 23

24. Monthly Visits with Social Worker or Probation Officer (con’t)
SW/PO has an affirmative obligation to ensure that NMDs who want to participate maintain eligibility
In order to terminate dependency, must establish in juvenile court that the social worker made reasonable efforts to ensure participation
Case planning should be collaborative
Goals are increasing levels of responsibility

25. What if a youth does not want to remain in foster care after age 18?
Extended Foster Care is optional – but is opt-out
If NMD does not want to participate, can request a hearing to terminate court’s jurisdiction
Hearing (known as a WIC 391) must be held prior to terminating jurisdiction and court must find the youth was informed of:
Right to remain in care
Benefits of remaining in care
Right to reenter care if under the age limits
General jurisdiction for reentry retained by
court until youth turns 21 25

26. Re-Entry into Foster Care
Youth can re-enter foster care unlimited times prior to turning 20 years old (or 21 if legislature extends)
Youth must be informed of right to reentry at termination hearing
Re-entry process is intended to be as accessible and easy as possible
NMD is eligible for benefits again as of the date that the Voluntary Reentry Agreement is signed and the NMD is placed in an eligible facility
San Francisco Local Process
20/21 because – at this point – the legislature has not extended benefits to age 21.
In terms of eligibility – all youth have the right to reentry foster care at any point prior to turning 20 (or 21 if further extended). In order to reenter, the youth just has to sign a reentry agreement (county also has to sign) and the beginning date of aid is the date that reentry agreement is signed. The intention is to allow youth in crisis to immediately reenter care and for those who are willing to provide housing to youth reentering (even if on a temporary basis) to know that aid begins on the date that agreement is signed. 26 26 26

27. Hypothetical
Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011.
Their father has died and their mother is an alcoholic who is unable to care for them.
Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week.
Davion was recently arrested for robbery and is on probation.
Through the local foster family agency, he was placed in Emily’s home when they first entered foster care in They share a room in Emily’s home. There are also 2 other minors in her home.
Issues:
Related caregiver vs. Non-related caregiver
SCI
Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))
Age and EFC
And 450 jurisdiction for Davion
CalWORKs vs. AFDC-FC vs. SILP
Possibility of Kin-Gap (for both boys)
Difference between probate and juvenile court guardianship (for Davion)
Disability benefits 27

28. Hypo Review
So now that Vinsu is 18 – is he eligible to participate in extended foster care?
What about Davion?
What additional information do you need?
If Vinsu or Davion are eligible to participate but do not want to continue in extended foster care – what happens?

29. Benefits Youth Participating in Extended Foster Care Receive
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits. 29

30. What Do NMDs Receive: Foster Care Benefits
If the NMD remains in the same placement
the foster care payment amount will not change
the payment will continue to be paid to the provider
If the NMD moves to a new placement, the amount will be based on the new type of placement.
A SILP is the only placement type in which a NMD may be entitled receive the payment directly.
NRLG created in probate court not eligible
Note that many of these are not conditions of PAYMENT, they are conditions of participation. The social worker or probation officer will engage in ongoing work with the youth to maintain eligibility. If the youth does not meet these expectations, that may be cause to petition for a 391 hearing to terminate jurisdiction (of course, the youth has the right to reenter). These are not reasons to terminate payment (until the court terminates dependency jurisdiction). 30 30 30

31. Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get?
Same rates for placements that existed prior to age 18 -
Foster Homes, Relatives, NRLG, and NREFM:
Basic rate currently is $776
NMDs can receive dual agency rate, specialized care increments and/or wraparound services
Foster Family Homes: Basic rate is $446-$659
Specialized Care Increments $18-$1413
Foster Family Agencies:
Non-Treatment: $373-$522/Treatment: $1430-$1679
Treatment: $1430-$1679
Group Home Rate: $2118-$8974
TEST QUESTION #3: Review T/F, A YOUTH Is not eligible for FC benefits after they turn 18. FALSE—they are eligible for the same if not higher rates! 31 31

32. Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get?
Two new placements for NMDs
THP-Plus FC: new rates will be established (state has not yet released the new rates)
Supervised Independent Living Placement (SILP): limited to the basic foster family home rate of $776
TEST QUESTION #3: Review T/F, A YOUTH Is not eligible for FC benefits after they turn 18. FALSE—they are eligible for the same if not higher rates! 32 32

33. Placement Options for NMDs

34. Where are Older Youth Placed in Foster Care?
2, year-olds as of April 1, 2011

35. Placement Settings
Traditional placement options still available to NMDs:
Approved home of relative or NREFM
Certified home of an FFA (includes ITFC)
Foster Family Home
Group Home (with limitations)
Home of a Nonrelated Legal Guardian
Small Family Home/Dual Agency Regional Center Homes
THPP (with limitations)
2 NEW Placement Options for NMDs:
THP-Plus Foster Care
Supervised Independent Living (SILP)

36. NMD Must Be Placed in a Licensed or Approved Setting
Youth over 18 has to be in a licensed/approved facility or home. There are new licensing/approval standards for NMDs (more later).
NMDs may remain in their current placement without requiring a new placement agreement but if move, a placement agreement is required (more later).
When the foster youth approaches age 18 and wants to remain in the same placement, the caregiver and the youth may want to work on a Shared Living Agreement that will help define the different roles as caregiver and young adult (more later). 36 36 36

37. Group Homes for NMDs
Youth may only remain in group home if under age 19 AND continuing in group home is in NMDs best interest in order to complete high school or equivalent
Decision on group home placement is to be a youth-driven, team-based case planning process

38. Group Homes for NMDs (con’t)
Once NMD completes high school or turns 19, whichever is first, continuing in a group home is prohibited UNLESS
NMD has a medical or mental health condition (participation condition #5) and continuing in group home functions as a short-term placement
Treatment services to alleviate the medical condition cannot be sole basis for disqualification from group home (Ex: youth is seriously emotional disturbed and is in therapeutic day treatment)
Treatment strategies should prepare NMD for discharge to a less restrictive and more family-like setting.

39. Case Plan for Group Home Placements (ACL 11-77)
If admission or continued placement in group home is necessary to finish high school or due to medical condition must detail reason in case plan.
Case plan must specify:
Why a group home is the best placement to meet
the needs of the NMD
How placement will assist NMD’s transition to independent living
The treatment strategies that will be used to prepare the NMD for discharge to a less restrictive setting or more family like setting
A target date for discharge from the group home
Periodic review of the placement to ensure that it remains the best option for the NMD and progress is being made toward achieving the goal of independent living

40. Transitional Housing Placement Program
Youth can continue to participate in THPP after age 18 and up to age 19:
In order to complete high school or equivalency prior to age 19; OR
In order to complete the high school year prior to age 19

41. For more information, visit www.thpplus.org
THP-Plus Foster Care
Modeled after existing THP-Plus program because
Measurable youth outcomes
9,188 youth served in last five years
Experienced network of 60 providers in 51 counties
THP-Plus will continue to serve three categories:
Youth between ages of 21 and 24;
Youth under age 21 who do not want to participate;
Youth who do not meet one of five participation conditions
The ACLs for THP-Plus are delayed
For more information, visit

42. THP-Plus vs. THP-Plus FC
HOW THEY ARE THE SAME
Provide youth a comprehensive range of supportive services, including educational, vocational & social support.
Affordable housing in three settings:
Scattered site (62%)
Single-site (25%)
Host home (13%)
Intensive case management:
1 to 12 for non-parents
1 to 8 for parents
Similar monthly rates (~ $2,500/mo)
Neither licensed by Community Care Licensing
Both will have flat rate
HOW THEY ARE DIFFERENT
THP-Plus FC is a IV-E eligible placement
Court supervision
Child welfare or probation oversight
Providers pay county for approval process
More comprehensive background clearance
Will use different data systems
Different program durations
Different ages
THP-Plus: 18 to 24
THP-Plus FC 18 to 20

43. SILP Overview Apartment living
Supervised Independent Living Placement (SILP) settings may include but not limited to:
Apartment living
Renting a room (including w/ a relative)
Shared roommate settings
Dorms
Living situations with adult siblings, appropriate extended family members, tribal members, NREFM or mentors should be explored 43

44. SILP Rate
Limited to basic rate (currently $776.00/ month) – no specialized care and possibly CalFRESH
NMD may receive the foster care benefit directly
Clothing allowance available (if offered by county)
Parenting NMDs receive the Infant Supplement (currently $411.00/month)
Approval standards for approving home of relative caregiver is strict while SILPs are more flexible.
In the home of relative the youth can qualify for AFDC and if not for CALworks. In SILP, youth automatically gets AFDC-FC which is higher than CalWorks. Youth with special needs though might be better off remaining in the home of caregiver and not transferring the placement to SILP since there is not any increased supplements for care of these youth. 44 44 44

45. Approving a SILP Two step process to approve a SILP
Assess NMD’s “readiness” to live in a SILP – taking into account the particular placement at issue
Health and safety inspection of the physical space
Note: this is not required for youth living in dorms
or other college housing

46. SILP: Readiness Assessment
Prior to approving a SILP, county must assess the NMD’s readiness by determining their ability to
Handle daily household tasks
Perform basic financial tasks, and
Live independently

47. SILP Readiness Assessment (cont’d)
Example reasons for denial:
Rent and utilities exceed income
Unstable income
No knowledge of how to manage money
Unable to care for self without assistance due to a medical or mental health condition
If assessment determines that NMD is not ready for a SILP, areas of improvement should be turned into goals in their TILP
Reason for denial should be documented on the assessment and provided to NMD
If NMD disagrees, he/she has the right to a grievance process

48. Approval of SILP Site
SILP cannot include living with biological parent
Sites are subject to health and safety inspection
Basic health and safety only
NMDs allowed to live in an unapproved SILP temporarily
County must inspect new SILP within 10 calendar days
Ensuring privacy
Roommates and landlords not assessed
Social workers should arrange inspections and home visits in such a way that respects young adult’s privacy
Must be re-inspected annually

49. Pre-Placement Appraisal
Process which includes a conversation with the case manager and caregiver to
Determine the needs of the NMD,
The ability of the caregiver to provide for those needs and
Ensure the safety of everyone in the home
Not necessary for approved homes (such as relatives or NERFM)

50. Placement Agreements
If a NMD remains in his or her current placement NO new placement agreement is required
Any change in placement requires a pre-placement appraisal and new placement agreement
New Placement Agreement Forms have been developed
SOC 152 – THP-Plus-FC Provider Agreement
SOC 153 – FFA Agreement
SOC 154B - Group Home Agreement
SOC 156A – Foster Parents Placement Agreement
SOC 157A - SILP Approval and Placement Agreement
SOC 157B - SILP Checklist of Health and Safety Standards

51. Hypo Review
So now that Vinsu is 18 – what are his options for placements?
Can he remain in Aunty Em’s home?
Can Visnu move into a SILP?
What type of benefits will Visnu receive in EFC?

52. Placement Decisions and Supervision of Placements

53. Discussion Questions
What do you think are areas of potential conflict between a provider and a NMD over the age of 18?
What concerns do you have about providing ongoing housing/support to a foster youth after age 18?
What are examples of things that you would do differently in providing housing/support to a youth after age 18 (as compared to the support you provide minor children in the home)?

54. General Guidance on Placement Decisions from ACL 11-77
“It is expected that NMDs will be provided placements that are the least restrictive and encourage as much independence as possible, based on the NMDs’ developmental needs and readiness for independence.”
“Decisions regarding continuation of current placements or moves to new placements shall be made in consultation with the NMDs.”

55. Expectations and Consequences for NMD
Licensing Rule: The caregiver/provider shall develop, implement, and maintain written expectations, alternatives, and consequences for NMDs living in the home/placement.
One way to address this is using the Shared Living Agreement (SLA)
SLA is not a licensing requirement - it’s a best practice and a way to establish house rules/expectations 55

56. Shared Living Agreement (SLA)
SLA is a basis for a written understanding between the NMD and caregiver/roommate and is recommended for when the youth enters EFC
Should be broad in scope, covering aspects of shared daily living
Each SLA should be individualized, reflecting specific values, concerns and personalities of all parties
Should support NMD’s continued transition into adulthood
Renegotiated and updated as needed and appropriate 56

57. Shared Living Agreement (SLA)
Examples of what to include in SLAs:
Mentoring/Skills/Interests
Household Agreements and Customs
Healthy and Safety Concerns
Household Chores and Responsibilities
Attendance and Performance at School and or Work
Financial (allowances or personal spending)
Drugs and Alcohol
Conflict Resolution
Curfews
Guests
Reasonable expectations for living in the facility or home with emphasis on reasonable alternatives and consequences for noncompliance with expectations.
A NMD is to participate in review based on needs.
May use Shared Living Agreement as a Model 57 57 57

58. Emergency Placements Emergency placements may be necessary for NMDs
Until regulations are developed, Manual of Policies and Procedures sections (temporary placements) and (emergency shelter care) apply
Group homes still subject to limitations

59. Placement of NMDs Who Re-Enter
Placement in a licensed foster home where minors reside is allowed
Pre-placement appraisal conducted
County may elect background check for NMDs placed in homes with minors
Placing agency has discretion to place prior to receipt of results based on results of appraisal
Criminal record does not disqualify them from re-entry
Subsequent Re-Entry ACL will be released soon

60. Licensing and Approval Standards for NMDs

61. Hypothetical
Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011.
Their father has died and their mother is an alcoholic who is unable to care for them.
Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week.
Davion was recently arrested for robbery and is on probation.
Through the local foster family agency, he was placed in Emily’s home when they first entered foster care in They share a room in Emily’s home. There are also 2 other minors in her home.
Issues:
Related caregiver vs. Non-related caregiver
SCI
Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))
Age and EFC
And 450 jurisdiction for Davion
CalWORKs vs. AFDC-FC vs. SILP
Possibility of Kin-Gap (for both boys)
Difference between probate and juvenile court guardianship (for Davion)
Disability benefits 61

62. How are Licensing/Approval Standards Different for NMDs?
New licensing standards reflect status as adult
Control over cash and property
Right to own a car
Control over health care decisions
If Internet access in home, it must be made available to youth
Allowed to be left at home unsupervised overnight
Access to items needed for cooking and cleaning
These are just examples – not a complete list
Will also apply to relative and NREFM approvals
NREFM/Relative Care Giver Approval
ACL pending regarding new standards
New Forms
Checklist of Health and Safety Standards for Approval of Family Caregiver Home-Nonminor Dependent (SOC 817NMD)
Relative or Nonrelative Extended Family Member Caregiver Assessment-Nonminor Dependent (SOC 818NMD).
SOC 815 (Approval of Family Caregiver Home) has been revised
Need to be completed at re-assessment or new placement of NMD
Caregiver should be made aware of new requirements when youth turns 18 62 62 62

63. CCL Regulations & Plan of Operation
The Community Care Licensing Division (CCL) is the agency responsible for setting standards to be implemented based on AB 12
In consultation with stake holders, CCL developed a set of interim standards to be applied to all of their licensed facilities
Facilities include: small family homes, group homes, transitional housing programs, FFAs, foster homes
The facilities should update their Plan of Operation to indicate whether the licensee intends to accept NMDs and a description of programs/services provided to the NMD in preparing for emancipation. 63

64. Overview of New Licensing Regulations
All licensed providers who house NMDs will be required to follow new regulations, including:
NMDs sharing room with a minor
Fingerprinting
Notification of Whereabouts (NMD and Caregiver)
Intake Procedures
NMDs personal rights
NMDs rights regarding personal property and valuables
New responsibilities for supervision of NMDs
Residential Activities
Removal Procedures 64

65. NMDs Sharing Room with a Minor
There are only 3 circumstances* when NMD can share room with a minor (applies to FFA, FFH or Group Home):
NMD and minor have been sharing bedroom before NMD turned 18; OR
NMD and minor are siblings; OR
NMD is sharing a bedroom with his/her own child
*If none of the above apply, need an exception from licensing!

66. Fingerprinting of NMDs
Licensing rule: No fingerprinting required for NMDs
Counties can use fingerprinting in some instances:
Youth remaining in care in the same placement attaining age 18 – no fingerprints.
Youth who exit and re-enter – they may be fingerprinted only for the purpose of assessing the safety and appropriateness of placement in a facility that has minor dependents

67. Notification of Whereabouts
If NMD wants to go away over night:
The licensed FFA/FFH and Group Home staff shall report to NMDs case manager any absence of NMD lasting more than 72 hours “that involves the NMD and threatens the physical or emotional health or safety of the NMD”
If the caregiver wants to go away over night:
Caregiver permitted to leave NMD in the home alone, including overnight (up to 72 hours with no notice to the case manager)
If longer then 72 hours, caregiver shall provide written or verbal notification to the case manager and get prior approval.

68. Intake Procedures For NMDs
If a new placement:
A pre-placement appraisal is completed by administrator and/or social worker
Appraisal shall include statement declaring the NMD is no threat
Overview of the NMD’s health history (including physical and developmental disabilities & mental health conditions)
Social factors, likes, dislikes, interests and activities 68

69. Intake Procedures For NMDs (con’t)
Non-emergency placement facility staff shall:
Obtain intake information from placement agency
If information is not completed by placement agency
If not received within 15 days then the facility staff shall seek the information from other sources
Request Health & Education Passport, any Needs and Service Plan and Independent Living Plan for NMD
Complete Needs and Service Plan
If an emergency placement:
NMD in facility shall not result in the facility exceeding its license 69

70. A NMD’s Personal Rights
Examples of personal rights that apply to a NMD:
Allow NMD to acquire, maintain, and possess and use personal items
Acquire, possess and maintain vehicle
Select, obtain and store own food
Select, obtain or decline medical, dental, vision or mental health care
Adequate privacy for visitors
To be informed by caregiver of laws regarding complaints and confidentiality of complaints
Send/receive unopened mail
Acquire, possess and maintain landline or cell phone
Leave or depart the home at any time at NMD’s discretion
Caregiver/Provider shall ensure NMD is verbally informed of these rights at time of placement and provided written information regarding agencies NMD can contact if rights are violated

71. Safeguards for Cash Resources and Valuables
A NMD shall have control of his or her cash, personal property, and valuables in accordance with his/her developmental level
At their request, the NMD shall be given assistance with managing their cash or personal property
At anytime the NMD may entrust the facility with his/her personal property or cash resources
The facility must then keep the NMD’s resources separate from the facility’s
The facility must maintain an accurate and up-to-date itemized list of the NMD’s resources
The facility may not make expenditures from the NMD’s resources for any basic services 71

72. NMD’s Health Related Services
NMD has to have access to first aid supplies appropriate to the needs of the NMD and privacy for first aid treatment
If facility controls access to medications:
If NMD requests, then staff has to assist with self-administration of medication  
Staff shall ensure that NMD stores medication and injections in a manner that ensures the safety of the other NMDs and children in the facility
If the NMD cannot determine his needs for medication, facility staff shall determine the need of the NMD in accordance with medical instructions 72

73. Placement’s Responsibility for Care and Supervision of NMD
Licensee shall assist NMD to develop self-sufficiency skills:
Financial literacy
Nutrition and healthy food choices, grocery shopping, meal prep
Identification of suitable home and home maintenance
Child care and children needs
Automotive maintenance
Educational and career development
Obtaining medical, dental, vision and mental health care
Access to community resources
Developing and researching goals
Self-care, including doing their own laundry
Drug and alcohol abuse awareness and prevention
Safe sex and reproductive health information 73

74. Placement’s Responsibility for Care and Supervision of NMD (cont’d)
As developmentally appropriate, provide care and supervision to meet needs of the NMD
Ensure a NMD parent provides care and supervision for his/her child
NMD shall not be used as staff substitute
Work to help NMD develop & maintain permanent connections 74

75. Residential Activities
Information regarding emancipation shall be provided to NMD, including:
Requirements for trade, vocational or professional careers (internet)
Informational brochures on employment-related programs
Community-sponsored events promoting volunteerism, internships or employment
Salary information for trade, vocational or professional careers
Requirements for participation in Transitional Housing Program (THP)-Plus, THP Plus Foster Care and Supervised Independent Living Settings 75

76. Residential Activities (cont’d)
NMD allowed to select and participate in
activities of his/her choice.
Activities shall be consistent with the agreed-upon expectations of living in the facility
NMD may request assistance with attending college
*links to below can be found on CCL website:
Application for admission
Contact with Foster Youth Success Initiative Liaison
Financial Aid
Participation in Extended Opportunity Programs and Services
College orientation and course planning
Enrollment, payment of fees
The licensing standards have a link to applications for community colleges, cal state universities, and UC’s and links to the liason and financial aid applications. 76

77. Removal Procedures for NMDs
7 day prior written notice required for non-emergency discharge
Emergency removal includes
Removal by law enforcement officers when a NMD is arrested
Removal becomes necessary when the health and safety of the NMD or others in the home is endangered by the continued presence of the NMD
Removal for emergency medical or psychiatric care

78. Hypo Review
Visnu who is 15 wants to be able to have access to his own medications without having to ask Emily. Is that permissible per the licensing rules?
What about Davion’s (18) ability to access medications?
If Emily needs to leave for a week can she have Davion be responsible Visnu while she is away?
Answers to Hypo questions:
No, Visnu who is 15 cannot have access to his own medications since he is under 18.
Davion can have access to his own medications as long has his prescribing physician does not say otherwise.
Emily can ask Davion to babysit Visnu and get approval from the case manager but this is the case manager’s decision to make.

79. Special Populations of NMDs79

80. Hypothetical
Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011.
Their father has died and their mother is an alcoholic who is unable to care for them.
Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week.
Davion was recently arrested for robbery and is on probation.
Through the local foster family agency, they were placed in Emily’s home when they first entered foster care in They share a room in Emily’s home. There are also 2 other minors in her home.
Issues:
Related caregiver vs. Non-related caregiver
SCI
Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))
Age and EFC
And 450 jurisdiction for Davion
CalWORKs vs. AFDC-FC vs. SILP
Possibility of Kin-Gap (for both boys)
Difference between probate and juvenile court guardianship (for Davion)
Disability benefits 80

81. Youth Involved in Delinquency System
Youth involved in the delinquency system can participate in extended foster care under 3 circumstances:
Probation youth (wards) over 18 who are under the jurisdiction of the delinquency court with an order for foster care placement on his/her 18th birthday – OR
Probation youth (wards) over 17 years, 5 months who transferred to “transition jurisdiction” and is under transition jurisdiction on his/her 18th birthday – OR
Probation youth who was transferred to dependency system prior to age 18 and has order for foster care placement on his/her 18th birthday 81

82. Group #1: Youth Involved in Delinquency System
If a ward has NOT met his/her rehabilitative goals at age 18 and the Delinquency Court maintains jurisdiction, the youth can receive extended foster care benefits if the youth meets the definition of a NMD:
Order for foster care placement on 18th birthday
Not yet 19 years old in 2012 (20 years old in 2013 and possibly 21 years old in 2014) AND;
Participating in or planning to participate in one of the five participation requirements.
NOTE: NMDs under delinquency jurisdiction continue to be subject to the terms of their probation.

83. Group #2: Modification to Transition Jurisdiction
Delinquency court now has the option to modify to a new type of jurisdiction: WIC 450 transition jurisdiction IF
Ward in foster care placement HAS met his/her rehabilitative goals, AND
Is older than 17 years, 5 months AND
The delinquency court is ready to terminate jurisdiction

84. Why Transition Jurisdiction?
How is this different from delinquency jurisdiction?
Youth are not subject to any terms or conditions of probation. WIC 451(b)
The case is managed as if the youth is a dependent (if the youth is a minor) or a non-minor dependent (if the youth is an adult). WIC 451(b)
Why create this new jurisdiction?
Important for eligible youth to be able to take advantage of extended benefits without remaining on probation/under delinquency supervision. Encourages former delinquent youth who may otherwise opt out to participate in services.

85. ***Form for Findings and Orders: JV-680
Assuming Transition Jurisdiction
The Court can consider assuming transition jurisdiction for a ward with a foster care placement order:
At the status review hearing held closest to a ward attaining 18 years of age, which must occur at least 90 days before the ward’s 18th birthday; OR
2. When the court is prepared to terminate jurisdiction for ward over 17 years, 5 months of age.
NOTE: The court can also assume transition jurisdiction at re-entry for eligible former wards who exited foster care and wish to re-enter.
Rule 5.812(e) , WIC 450, & 727.2(i)
***Form for Findings and Orders: JV-680

86. Supervision of Transition Jurisdiction
Counties must decide whether Probation or Child Welfare will be charged with supervising transition jurisdiction youth
Counties must also decide which court will supervise.
Each county must modify its protocol for Section to include a provision for determining which agency and court shall supervise.

87. Group #3: Modification to Dependency Jurisdiction
The Delinquency Court must consider modification to dependency jurisdiction for a minor ward who:
Has met his/her rehabilitative goals
Is NOT eligible for transition jurisdiction (e.g., the youth is 17 yrs, 5 months or younger), AND
Has an order for foster care placement through the delinquency court OR was under dependency jurisdiction with an order for foster care placement when adjudged a ward
AND
Appears to come within or remains within the description of dependent child, AND
Return to the home would be detrimental.
WIC 607.2(b) & (i)

88. Group #3: Supervision Upon Resuming Dependency Jurisdiction
As is the case with transition jurisdiction, counties decide which agency and court will supervise youth when jurisdiction is modified from delinquency to dependency pursuant to the procedures described in the previous slide. This must be addressed in the WIC protocol.

90. Hypo Review Davion was arrested for robbery and is on probation.
He entered the delinquency system and is also still in foster care.
What happens to his delinquency status once he completes his probation?

91. Benefits for Pregnant and Parenting Youth
Pregnant and parenting youth are eligible for EFC
Benefit Payment
In a SILP, the parenting NMD can receive the foster care payment directly, including the Infant Supplement
For parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the provider
Whole Family Foster Homes, as FFA’s or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment 91

92. Benefits for NMDs with Disabilities
Supplemental Security Income / State Supplementary Payment
Need-based program that provides cash aid and Medicaid to qualified individuals with low income, few resources, and who are:
Age 65 or older,
Blind, OR
Disabled
Youth in foster care qualifies for the SSI/SSP payment for an individual in non-medical out-of-home care facility
SSI: $630
SSP: $412 (to get this you must complete the SSP 22)
Total: $1042
Full description of rates is available in your handout.

93. Why Are We Talking About SSI?
SSI benefits are an important safety net for those youth with serious disabilities
Important resource for youth participating in EFC to aid in their transition planning
Ongoing resource for youth once they leave foster care
SSI is one of the only benefits available to youth with disabilities regardless of eligibility for AFDC-FC benefits
Dual Agency Rate - linked to eligibility for AFDC-FC
Specialized Care Rate - linked to eligibility for AFDC-FC
Supplemental Security Income (SSI) - regardless of dependency status or eligibility for AFDC-FC benefits

94. SSI: Mandates for Youth Preparing to Transition
AB 1331 requires counties to:
Screen every youth in foster care for SSI eligibility between ages 16.5 and 17.5
Assist youth determined likely eligible with application
When necessary to make an application, forego federal foster care benefits for one month
Best Practice Guidelines instruct counties on screening and applications. Available at:
* Goal: have SSI in place at age 18*
Angie – 2 minutes
For Presentation:
Summarize new mandate – because the goal is go have SSI in place BEFORE emancipation, should ask judge to continue dependency until you get an answer from SSA on eligibility.
Also important to consider which youth you work with might be eligible and ask the county to make sure an application is made for the youth. In Alameda, county contracts to a private organization to do the screening and the applications – but they have a lot of youth to screen, and it is important to let the child’s social worker know about youth you think need to have an application made. And, follow up and make sure that an application is submitted or if they are not going to submit an application. We are trying to assess how well the screening/application process is working – want to know about the youth that are getting applications made on their behalf if you think they’re likely eligible.

95. Timing the SSI Application for NMDs
Timeline for application remains the same
Ensuring SSI is in place at age 18 provides youth maximum flexibility and choice among benefits, services and supports
Youth approved for SSI have same right to participate in EFC as all other youth at age 18
Offsetting rules apply – youth in EFC might receive SSI, AFDC-FC, or a combination of both benefits
If a guardian/child move out of state – they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state
Must sign a mutual Agreement
Must participate in six-month court review/administrative review
Monthly visit with the social worker/probation officer
Participate in TILP
Meet one of the five participation requirements 95 95 95

96. SSI: New Requirements for NMDs
If youth approved for SSI who actually receives a monthly SSI benefit elects to remain in EFC, county must assist youth in receiving direct payment
Maintain representative payee account
If youth is approved for SSI but receives federal foster care in excess of SSI – county must maintain SSI eligibility (using workaround)
If the foster care benefits amount is higher than the SSI amount, then SSI benefits can be put in suspense for twelve months. After twelve months, the SSI benefits are terminated, requiring a new application and determination of disability. Counties may need to forego federal foster care benefits for one month in each twelve month period to maintain SSI eligibility for a non-minor dependent to ensure that the youth exits care with SSI benefits intact. 96 96 96

97. What Is Different About SSI After Age 18 (from AFDC-FC)?
A NMD can participate in extended foster care and receive SSI
Offsetting rules apply – so NMD might receive either SSI, AFDC-FC or a combination of both benefits
For NMDs who receive SSI while participating in EFC, the requirements for remaining in EFC are the same (the source of funding is the only difference)
Must sign a mutual Agreement within 6 months of turning 18 (not a condition of payment)
Must participate in six-month court review/administrative review
Monthly visit with the social worker/probation officer
Participate in TILP
Meet one of the five participation requirements
If a guardian/child move out of state – they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state

98. How Can SSI Help a NMD Prepare to Transition Out of Foster Care?
SSI links to Medi-Cal (while in care and after the youth exits care)
Often provides more support while a youth is in care and can help avoid homelessness once a youth exit cares
SSI eligibility may qualify youth for permanent affordable housing – can use time in EFC to apply for these housing slots!
Social Security has programs to help recipients pursue education or attempt work without losing eligibility
Youth can receive school scholarships and receive SSI simultaneously
Allows youth additional time to establish SSI eligibility under adult standards

99. Best Practices: How Can Providers Help NMDs Who Are Eligible for SSI
Assist NMD in applying for permanent affordable housing
Gain understanding of SSI programs
designed to help individuals work or
pursue their education
Ticket to Work
Plan to Achieve Self Sufficiency
Student Earned Income Exclusion
Help youth get in with the Continuing Disability Review – appeal adverse decisions! (contact The Alliance for assistance)
Student Earned Income Exclusion - Allows child who is regularly attending school to exclude earnings from calculation of SSI benefit. In 2010, could exclude $1,640 a month up to a yearly maximum of $6,600. "Regularly attending school" means that the person takes one or more courses of study and attends classes:
in a college or university, for at least eight hours a week; or
in grades 7–12, for at least 12 hours a week; or
in a training course to prepare for employment, for at least 12 hours a week (15 hours a week if the course involves shop practice); or
in a home school situation, for at least 12 hours per week and in accordance with the home school law of the State or jurisdiction in which the student resides; or
for less time than indicated above for reasons beyond the student's control, such as illness.
PASS - A written plan of action that sets forth: Work goal; Steps the individual will take to achieve goal (education, training, transportation, child care, assistive technology); Money that will be used to meet goal; Timetable. If SSA approves the PASS, then they will not count any funds spent in furtherance of the PASS on eligibility for SSI
Ticket to Work: Provides recipients of SSI increased choices for receiving employment services. SSA issues a “ticket” to recipient which he/she can then assign to an Employment Network. The Employment Network provides employment services, vocational rehabilitation, and other support services 99

100. Hypo Review Visnu has an IEP at school and is in a special day class.
What can Aunty Em do in regards to SSI now that he is 18 years old?

101. Resolving Disputes

102. Types of Potential Disputes
Eligibility issues
Amount of benefits/denial of benefits
Whether NMD meets a participation condition
NMD disagrees with placement/SILP approval

103. Resolving Disputes: Eligibility & Amount of Benefits
Benefits/eligibility disputes
Amount of the benefit (ie: denial of specialized care increment, retroactive payments, etc)
Termination of benefits
Denial of federal eligibility
These disputes are resolved through the administrative fair hearing process.
County sends a Notice of Action regarding approvals, denials, or changes in eligibility
Process to request a fair hearing is on the Notice of Action
This is the same way that disputes re: benefits and eligibility are currently resolved. Important to note that there is a different grievance procedure for resolving placement disputes – this only applies to benefits/eligibility determinations.
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104. Resolving Disputes: Whether NMD Meets a Participation Condition
Attempt to resolve by talking to NMD or through team meeting with youth, caregiver and other interested parties
If there is a dispute over participation –county can ask the court to terminate jurisdiction because the NMD is not participating:
Social worker must document reasonable efforts to assist NMD in meeting/maintaining eligibility
Court continues dependency jurisdiction over NMD unless the court finds:
the NMD does not wish to remain in extended foster care –
OR –
the NMD is not participating in a reasonable and appropriate transitional independent living case plan.
This is new process for what happens when the SW/NMD do not agree as to whether the NMD is satisfying a participation condition. WIC section 391 requires the court to continue dependency jurisdiction unless the court finds that the NMD is not participating. The court could make that finding based on the SW petitioning the court for a 391 hearing to terminate benefits. However, if the county files a 391 petition to terminate jurisdiction based on the county’s belief that the NMD is not participating – the county has an affirmative duty to show reasonable efforts made to provide the NMD with assistance to meet eligibility.

105. Resolving Disputes: Whether NMD Satisfies a Participation Condition (cont’d)
Court has 3 options to resolve disputes about participation:
Find the NMD is meeting a participation condition (benefits/eligibility continues)
Find the NMD is not meeting a participation condition and terminate jurisdiction (which terminates benefits)
Find the NMD is not meeting a participation condition but retain jurisdiction
Eligibility worker can issue a Notice of Action to terminate benefits based on the court’s findings
The NMD has right to a fair hearing to challenge termination of benefits
If the court terminates jurisdiction – the NMD still has right to reenter at any time before 20
At the 391 hearing – the court could terminate dependency IF the court finds that the NMD is not participating in a reasonable TILCP AND also finds that the SW made reasonable efforts to assist the NMD in meeting eligibility requirements. The court is not required to terminate dependency even if it makes both these findings – it is just that the court CANNOT terminate dependency absent these two findings. If the court terminates jurisdiction, then benefits terminate as of the day the court ceases dependency jurisdiction.
If, instead, the court finds that the NMD is not participating in a reasonable TILCP but for whatever reason continues jurisdiction (maybe because the court also finds that the SW did not make reasonable efforts) – then benefits would continue until the EW issues a NOA to terminate benefits. The NOA provides the NMD with all due process rights – including the right to a fair hearing to challenge the termination of assistance.

106. Resolving Disputes: NMD Disagrees With Placement/SILP Approval
Attempt to resolve disputes informally
through discussions/team meetings
If NMD is assessed as not ready
Specific areas where NMD has needs
should be addressed in TILP
TILP should include a clear plan on what steps the NMD needs to take to be ready for a SILP
Counties should develop grievance process for NMDs
Disputes can be brought before juvenile court

107. Resolving Disputes: Administrative Hearing vs. Juvenile Court
Eligibility Issues
Federal foster care eligibility
Participation Conditions
Amount of Benefits/ Termination of Benefits
Denial of SCI, Dual Agency Rate, Termination of Benefits (if the juvenile court retains jurisdiction)
NO – Juvenile Court does not decide disputes regarding amount of/termination of benefits
NMD failing to meet participation conditions
2nd: IF the court finds the NMD is not participating but retains jurisdiction – county can terminate benefits and NMD has right to administrative hearing to challenge termination.
1st: Whether NMD meets participation condition first resolved by Juvenile Court.
Disagreements about placement (SILP approval)
NO – administrative judge does not decide placement issues
YES – juvenile court ultimate arbiter of disputes over approval/denial of placements

108. QUESTIONS?
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109. Contact Information
Angie Schwartz
Policy Director
The Alliance for Children’s Rights
Work: (415)
Cell: (415)
Anjuli Arora Dow
Attorney, Policy and Training
The Alliance for Children’s Rights
Work: (415)
Cell: (415)
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