Presentation on theme: "Focus on Foster Family Agencies and Group Home Providers"— Presentation transcript:
1Focus on Foster Family Agencies and Group Home Providers OVERVIEW of AB 12:Focus on Foster Family Agencies and Group Home Providers
2Introductions Who are you? FFA, Group Home Provider, Social Worker, Relative Caregiver, Foster Parent, Other?What are the ages of the foster 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?
3Today’s PresentationEligibility Rules for Participation in Extended Foster CareBenefits Youth Participating in Extended Foster Care ReceivePlacements for Non Minor Dependents (NMDs)Placement Decisions and Supervision of PlacementsLicensing and Approval Standards for NMDsYouth in Delinquency and Extended Foster Care
4Eligibility Rules to Participate in Extended Foster Care 4
5HypotheticalVisnu 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 foster parent Emily when they first entered foster care in They share a room in Emily’s home. There are also 2 other minors in her home.5
6Eligibility Requirements for EFC Extended benefits available to foster youth whoHave an open court case at age 18 (i.e. order for FC placement)Satisfy one participation requirementSign a mutual agreementAgree to meet with Social WorkerAgree to work on transitional independent living skillsLive in a licensed or approved settingHave 6 month court review hearingsTwo ways of saying the same thing in first bullet.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).6
7Phase-in Timeline2012Extended until age 19-EXCEPTION: youth receiving AB 12 benefits immediately prior to 19 can continue to receive benefits after turning 19.2013Extended until age 20-EXCEPTION: youth receiving AB 12 benefits immediately prior to 20 can continue to receive benefits after turning 20.2014You can remain in foster care and receive benefits up to 21 years old.NOTE: The phase-in was largely eliminated in the recent budget bill. At this point, it applies to those youth who either (A) turned 19 in 2011 or (B) turned 19 in 2012 if they were not receiving AB 12 benefits immediately prior to turning 19.77
8Youth Who Turned 18 During 2011 Youth who turned 18 during 2011 are eligible IFOrder for foster care placement on’s 18th birthday ANDYouth was still under order for foster care placement or re-entered care as of January 1, 2012NOTE: As long as a youth is receiving AB 12 benefits in 2012 immediately prior to turning 19, the youth can continue to receive benefits after turning 19.Some of these youth may have had to exit care at age 19 (solely due to turning 19), but are NOW eligible to re-enter and receive benefits until 21!See Note above which changed after the trailer bill was issued.
9Categories of Eligible/Ineligible Youth Pregnant and ParentingMarriedInvolved in juvenile justice systemTEST 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)Military99
10What Must a NMD Do To Receive Financial Benefits? One of the following:Be enrolled in high school or equivalent programBe enrolled in college/vocational schoolWork at least 80 hours/monthParticipate in a program/activity that helps you find a job or removes barriers to employmentBe unable to do one of the above because of a medical or mental health conditionThe 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 eligibility101010
11Participation Condition #1: High School-GED Includes enrollment in public high school, charter high school, alternative high school, nonpublic school, or adult education classesAny course of study leading to high school diploma, GED, High School Proficiency Certificate, or High School Completion CertificationEnrollment is continuous during breaksParticipation in activities described in IEP
12Changes in the School Completion Rule As of January 1, 2012 – there is no completion rule for NMDs participating in extended foster careYouth 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 programCompletion 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 andYouth with non-related legal guardianships created in probate court
13Participation Condition #2: Post- Secondary Education Half-time requirementIncludes non-credit coursesStudents maintain eligibility over breaksStudents enrolled less than half time and those who drop classes can use participation condition #4 to maintain eligibilityRequired verification
14Participation Condition #3: Working 80 hours per month Must be a paid positionIncludes paid internships and apprenticeshipsMeets requirement as long as the youth isscheduled to work 80 hours/monthIncome disregarded from determining amount of foster care payment IF earnings are specified in TILPLess than 80 hours a month and unpaid employment/internships meet participation condition #4 (activity to remove barriers to employment)
15Participation Condition #4: Removing Barriers to Employment Can be self-directed, completed in conjunction with caregiver or social worker, or part of an organized programMust be working towards goals in TILPShould be working towards transitioning to education (#2) or employment (#3) participation conditionsCan include job skills classes, mental health treatment, driver’s ed, ILP services and volunteeringRange of documentation options
16Participation 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 practitionerNMD does not need to be seeking treatment for conditionTEST 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).
17Mutual Agreement (SOC 162) Documents youth’s willingness to:Remain in a “supervised placement”Report changes relevant to eligibility and placementWork with the Agency on the implementation of the TILPParticipate in 6 month review hearingsDocuments agency’s responsibility to:Help NMD develop and achieve goalsReview and update TILP every 6 monthsHelp NMD remain eligible for extended foster care by responding to problems and connecting NMD to supports and servicesHelp NMD and caregiver develop Shared Living AgreementEnsure NMD has Medi-Cal card or other health insuranceProvide NMD with contact information for his/her attorneyMutual Agreement is NOT a condition of payment. Case Manager gives SOC 162 to youth and also signs it.17
18Monthly Visits with Social Worker or Probation Officer Monthly, in-person visits with social worker100% of visits have to be face-to-face51% in the home/placementNMDs can live out of county and/or out of state while participating in EFCPurpose of the meetingIdentify participation conditions (including backup) and update TILP and case planIdentify services in TILP to ensure meaningful participationFocus on permanent connections and independenceNo longer focused on family re-unification, termination of parental rights or establishment of legal guardianshipThis 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 file18
19Monthly Visits with Social Worker or Probation Officer (con’t) SW/PO has an affirmative obligation to ensure that NMDs who want to participate maintain eligibilityIn order to terminate dependency, must establish in juvenile court that the social worker made reasonable efforts to ensure participationCase planning should be collaborativeGoals are increasing levels of responsibility
20What if a youth does not want to remain in foster care after age 18? Extended Foster Care is optional – but is opt-outIf NMD does not want to participate, can request a hearing to terminate court’s jurisdictionHearing (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 careBenefits of remaining in careRight to reenter care if under the age limitsGeneral jurisdiction for reentry retained bycourt until youth turns 2120
21Re-Entry into Foster Care ACL 12-12 Re-enter unlimited times if under the statutory age limitsRe-entry is intended to be accessible and easyNMD is eligible for benefits again as of the date that the Voluntary Reentry Agreement is signed and the NMD is placed in an eligible facilityLink to Re-Entry Contact In Each County:Dependency:Probation:21
22HypotheticalVisnu 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 caregiverSCIConditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))Age and EFCAnd 450 jurisdiction for DavionCalWORKs vs. AFDC-FC vs. SILPPossibility of Kin-Gap (for both boys)Difference between probate and juvenile court guardianship (for Davion)Disability benefits22
23Hypo ReviewSo 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?
24Benefits Youth Participating in Extended Foster Care Receive 24
25Foster Care Benefits: What are the rates for the different placements? If the NMD remains in the same placementthe foster care payment amount will not changethe payment will continue to be paid to the providerIf 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 eligibleNote 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).252525
26Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Same rates for placements for youth under age 18 (as of July 1, 2012)Foster Homes, Relatives, NRLG, and NREFM:Basic rate currently is $799NMDs can receive dual agency rate, specialized care increments and/or wraparound servicesFoster Family Homes: Basic rate is $Specialized Care Increments $18-$1,413Foster Family Agencies:Non-Treatment: $Treatment: $1,Intensive Treatment Foster Care (ITFC): $Group Home Rate: $2,223-9,4192626
27Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Two new placements for NMDs (rates as of July 1, 2012)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 $799No specialized carePossibly CalFRESHSILP rate will go up each July 1 with basic FFH rateTEST 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!2727
28Benefits for Pregnant and Parenting Youth Pregnant and parenting youth are eligible for EFCBenefit PaymentIn a SILP, the parenting NMD can receive the foster care payment directly, including the Infant SupplementFor parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the providerWhole Family Foster Homes, as FFA’s or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment28
30Where are Older Youth Placed in Foster Care? 2, year-olds as of April 1, 2011
31Placement SettingsTraditional placement options still available to NMDs:Approved home of relative or NREFMCertified home of an FFA (includes ITFC)Foster Family HomeGroup Home (with limitations)Home of a Nonrelated Legal GuardianSmall Family Home/Dual Agency Regional Center HomesTHPP (with limitations)2 NEW Placement Options for NMDs:THP-Plus Foster CareSupervised Independent Living (SILP)
32NMD 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).323232
33Limitations on 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 equivalentDecision on group home placement is to be a youth-driven, team-based case planning process
34Group Homes for NMDs (con’t) Once NMD completes high school or turns 19, whichever is first, continuing in a group home is prohibited UNLESSNMD has a medical or mental health condition (participation condition #5) and continuing in group home functions as a short-term placement
35Case 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 meetthe needs of the NMDHow placement will assist NMD’s transition to independent livingThe treatment strategies that will be used to prepare the NMD for discharge to a less restrictive setting or more family like settingA target date for discharge from the group homePeriodic 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
36Transitional Housing Placement Programs There are 3 types of transitional housing placements for foster youth and emancipated foster youth:THPP for minor dependents 16-18THP-Plus Foster Care for NMDs 18-21THP-Plus (regular, not foster care) for emancipated foster youth who are either not to participating in EFC or are over age 21
37Transitional Housing Program Housing There are 3 types of transitional housing models for foster youth and emancipated foster youth:Host Family HomeSingle SiteScattered Site (not available to foster youth16-18 years old except grandfathered-in youth)
38Transitional Housing Placement Program (THPP for foster youth 16-18) THPP ends at age 18 – after age 18, a youth continuing in foster care can participate in THP-Plus FC.There will be a transition period to move youth from THPP to THP-Plus FC - explained by CDSS by July 31, 2012.THPP currently allows minors to live in all 3 housing models (Host Family, Single and Scattered).Scattered site housing will no longer be available for THPP minor foster youth unless the minor youth was placed in scattered site prior to October 1, 2012.
39THP-Plus Foster CareBudget Bill makes THP-Plus Foster Care a licensed placement by Community Care Licensing as a Transitional Housing Program ProviderThe existing THPP license is an umbrella licensing category that now covers two categories of providers:THPP providers serving youth 16 – 18THP-Plus Foster Care providers serving youth 18 – 21Makes THP-Plus FC an available licensed placement effective October 1, 201239
40THP-Plus Foster CareThe All County Letter for THP-Plus Foster Care will be released by July 31, 2012 and will include instructions on the 4 steps needed to become a THP-Plus FC Provider:Apply to CCL to become licensed as a Transitional Housing Program ProviderBecome certified by an “applicable” county which may be similar to the Group Home/FFA host county letter of support processCCL will subsequently license the provider as a Transitional Housing ProviderCDSS Rates will issue rate letter to provider
41THP-Plus vs. THP-Plus FC HOW THEY ARE THE SAMEProvide 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-parents1 to 8 for parentsSimilar monthly rates (~ $2,500 - $2,800/mo) Host Family Home will have a lower rate than single or scatteredBoth will have flat rateHOW THEY ARE DIFFERENTTHP-Plus FC is a IV-E eligible placement and will be licensed and THP-Plus is only certified by the countyCourt supervision for THP-Plus FCChild welfare or probation oversightMore comprehensive background clearanceWill use different data systemsDifferent agesTHP-Plus: 18 to 24THP-Plus FC 18 to 21Adjust formatting
42Pre-Placement Appraisal Process which includes a conversation with the case manager and caregiver toDetermine the needs of the NMD,The ability of the caregiver to provide for those needs andEnsure the safety of everyone in the homeNot necessary for approved homes (such as relatives or NERFM)
43Placement AgreementsIf a NMD remains in his or her current placement NO new placement agreement is requiredAny change in placement requires a pre-placement appraisal and new placement agreementNew Placement Agreement Forms have been developedSOC 152 – THP-Plus-FC Provider AgreementSOC 153 – FFA AgreementSOC 154B - Group Home AgreementSOC 156A – Foster Parents Placement AgreementSOC 157A - SILP Approval and Placement AgreementSOC 157B - SILP Checklist of Health and Safety Standards
44Needs and Services Plan (84468.3) Provider should create a Needs and Services Plan consistent with the TILPNMD shall participate in development of Needs and Services PlanMust contain the following information:Planned length of placementRemoval and discharge procedures
45SILP OverviewSupervised Independent Living Placement (SILP) is a new placement option for NMDs ready for greater independence. Providers may be in the position of assisting a youth transition into a SILP.Limited to basic rate (currently $799.00/ month) and possibly CalFRESHNMD may receive the foster care benefit directlySettings may include but not limited to:Apartment livingRenting a room (including w/ a relative)Shared roommate settingsDormsLiving situations with adult siblings, appropriate extended family members/NREFM, tribal members, or mentors should be explored45
46SILP Readiness Assessment (cont’d) Example reasons for denial:Rent and utilities exceed incomeUnstable incomeNo knowledge of how to manage moneyUnable to care for self without assistance due to a medical or mental health conditionIf assessment determines that NMD is not ready for a SILP, areas of improvement should be turned into goals in their TILPReason for denial should be documented on the assessment and provided to NMDIf NMD disagrees, he/she has the right to a grievance process
47SILP Sites SILP may not include living with biological parent Temporary absence rules applyApproving SILPsNMDs allowed to live in an unapproved SILP temporarilyCounty must inspect new SILP within 10 calendar daysMust be re-inspected annuallyEnsuring privacyRoommates and landlords not assessedSocial workers should arrange inspections and home visits in such a way that respects young adult’s privacyACL mentions the temporary absence rule47
48Pre-Placement Appraisal Process which includes a conversation with the case manager and caregiver toDetermine the needs of the NMD,The ability of the caregiver to provide for those needs andEnsure the safety of everyone in the homeNot necessary for approved homes (such as relatives or NERFM)
49Placement AgreementsIf a NMD remains in his or her current placement NO new placement agreement is requiredAny change in placement requires a pre-placement appraisal and new placement agreementNew Placement Agreement Forms have been developedSOC 152 – THP-Plus-FC Provider AgreementSOC 153 – FFA AgreementSOC 154B - Group Home AgreementSOC 156A – Foster Parents Placement AgreementSOC 157A - SILP Approval and Placement AgreementSOC 157B - SILP Checklist of Health and Safety Standards
50Hypo ReviewSo 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?
51Placement Decisions and Supervision of Placements
52Discussion QuestionsWhat 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)?
53General 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.”
54Expectations 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/expectations54
55Shared 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 EFCShould be broad in scope, covering aspects of shared daily livingEach SLA should be individualized, reflecting specific values, concerns and personalities of all partiesShould support NMD’s continued transition into adulthoodRenegotiated and updated as needed and appropriate55
56Shared Living Agreement (SLA) Examples of what to include in SLAs:Mentoring/Skills/InterestsHousehold Agreements and CustomsHealthy and Safety ConcernsHousehold Chores and ResponsibilitiesAttendance and Performance at School and or WorkFinancial (allowances or personal spending)Drugs and AlcoholConflict ResolutionCurfewsGuestsReasonable 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 Model565656
57Emergency Placements Emergency placements may be necessary for NMDs Until regulations are developed, Manual of Policies and Procedures sections (temporary placements) and (emergency shelter care) applyGroup homes still subject to limitations
58Placement of NMDs Who Re-Enter Placement in a licensed foster home where minors reside is allowedPre-placement appraisal conductedCounty may elect background check for NMDs placed in homes with minorsPlacing agency has discretion to place prior to receipt of results based on results of appraisalCriminal record does not disqualify them from re-entry
59Hypo ReviewVisnu 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.
60New Licensing Standards for NMDsAdd in information about liability issues and questions that commonly getting in. Add in Role playing section. Add in personal rights. Add in info of operation. Add in info on THP FC and the licensing regs.
61How are Licensing/Approval Standards Different for NMDs? New licensing standards reflect status as adultControl over cash and propertyRight to own a carControl over health care decisionsIf Internet access in home, it must be made available to youthAllowed to be left at home unsupervised overnightAccess to items needed for cooking and cleaningThese are just examples – not a complete listWill also apply to relative and NREFM approvalsNREFM/Relative Care Giver ApprovalACL pending regarding new standardsNew FormsChecklist 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 revisedNeed to be completed at re-assessment or new placement of NMDCaregiver should be made aware of new requirements when youth turns 18616161
62Overview of New Licensing Regulations All licensed providers who house NMDs will be required to follow new regulations (http://www.ccld.ca.gov/res/pdf/AB12gh.pdf)We will be detailing some of these new rules:NMDs sharing room with a minorFingerprintingNotification of Whereabouts (NMD and Caregiver)Intake ProceduresNMDs personal rightsNMDs rights regarding personal property and valuablesNew responsibilities for supervision of NMDsResidential ActivitiesRemoval Procedures62
63Intake Procedures For NMDs ( )If a new placement:A pre-placement appraisal is completed by administrator and/or social workerAppraisal shall include statement declaring the NMD is no threatOverview of the NMD’s health history (including physical and developmental disabilities & mental health conditions)Social factors, likes, dislikes, interests and activities63
64Intake Procedures For NMDs (con’t) Non-emergency placement facility staff shall:Obtain intake information from placement agencyIf information is not completed by placement agencyIf not received within 15 days then the facility staff shall seek the information from other sourcesRequest Health & Education Passport, any Needs and Service Plan and Independent Living Plan for NMDComplete Needs and Service PlanIf an emergency placement:NMD in facility shall not result in the facility exceeding its license64
65Needs and Services Plan (84468.3) Provider should create a Needs and Services Plan consistent with the TILPNMD shall participate in development of Needs and Services PlanMust contain the following information:Planned length of placementRemoval and discharge procedures
66NMDs Sharing Room with a Minor (84487) 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; ORNMD and minor are siblings; ORNMD is sharing a bedroom with his/her own child*If none of the above apply, need an exception from licensing!
67Fingerprinting of NMDs Licensing rule: No fingerprinting required for NMDsCounties can use fingerprinting: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 minorsCannot find anything referenced in licensing rules about this so cannot reference a regulation
68Notification of Whereabouts (84461) If NMD wants to go away over night:The licensed FFA/FFH and Group Home staff shall report to NMDs case manager any prolonged absence or failure to return 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.
69A NMD’s Personal Rights (84472) Examples of personal rights that apply to a NMD:Allow NMD to acquire, maintain, and possess and use personal itemsAcquire, possess and maintain vehicleSelect, obtain and store own foodAdequate privacy for visitorsTo be informed by caregiver of laws regarding complaints and confidentiality of complaintsSend/receive unopened mailAcquire, possess and maintain landline or cell phoneLeave or depart the home at any time at NMD’s discretionTo be free from unreasonable searches of personal belongings.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
70Safeguards for Cash Resources and Valuables (84426) A NMD shall have control of his or her cash, personal property, and valuables in accordance with his/her developmental levelAt their request, the NMD shall be given assistance with managing their cash or personal propertyAt anytime the NMD may entrust the facility with his/her personal property or cash resourcesThe facility must then keep the NMD’s resources separate from the facility’sThe facility must maintain an accurate and up-to-date itemized list of the NMD’s resourcesThe facility may not make expenditures from the NMD’s resources for any basic services70
71NMD’s Health Related Services (84475)NMD has to have access to first aid supplies appropriate to the needs of the NMD and privacy for first aid treatmentIf 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 facilityIf the NMD cannot determine his needs for medication, facility staff shall determine the need of the NMD in accordance with medical instructions71
72Placement’s Responsibility for Care and Supervision of NMD (84475) Licensee shall assist NMD to develop self-sufficiency skills:Financial literacyNutrition and healthy food choices, grocery shopping, meal prepIdentification of suitable home and home maintenanceChild care and children needsAutomotive maintenanceEducational and career developmentObtaining medical, dental, vision and mental health careAccess to community resourcesDeveloping and researching goalsSelf-care, including doing their own laundryDrug and alcohol abuse awareness and preventionSafe sex and reproductive health information72
73Placement’s Responsibility for Care and Supervision of NMD (cont’d) As developmentally appropriate, provide care and supervision to meet needs of the NMDEnsure a NMD parent provides care and supervision for his/her childNMD shall not be used as staff substituteWork to help NMD develop & maintain permanent connections73
74Residential Activities (84479)Information regarding emancipation shall be provided to NMD, including:Requirements for trade, vocational or professional careers (internet)Informational brochures on employment-related programsCommunity-sponsored events promoting volunteerism, internships or employmentSalary information for trade, vocational or professional careersRequirements for participation in Transitional Housing Program (THP)-Plus, THP Plus Foster Care and Supervised Independent Living Settings74
75Residential Activities (cont’d) NMD allowed to select and participate inactivities of his/her choice.Activities shall be consistent with the agreed-upon expectations of living in the facilityNMD may request assistance with attending college*links to below can be found on CCL website:Application for admissionContact with Foster Youth Success Initiative LiaisonFinancial AidParticipation in Extended Opportunity Programs and ServicesCollege orientation and course planningEnrollment, payment of feesThe 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.75
76Removal Procedures for NMDs (84468.4) 7 day prior written notice required for non-emergency dischargeEmergency removal includesRemoval by law enforcement officers when a NMD is arrestedRemoval becomes necessary when the health and safety of the NMD or others in the home is endangered by the continued presence of the NMDRemoval for emergency medical or psychiatric care
78HypotheticalVisnu 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 caregiverSCIConditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision))Age and EFCAnd 450 jurisdiction for DavionCalWORKs vs. AFDC-FC vs. SILPPossibility of Kin-Gap (for both boys)Difference between probate and juvenile court guardianship (for Davion)Disability benefits78
79Youth 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 – ORProbation youth (wards) over 17 years, 5 months who transferred to “transition jurisdiction” and is under transition jurisdiction on his/her 18th birthday – ORProbation youth who was transferred to dependency system prior to age 18 and has order for foster care placement on his/her 18th birthday79
80Why 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.
81***Form for Findings and Orders: JV-680 Assuming Transition JurisdictionCourt 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; ORWhen the court is prepared to terminate jurisdiction for ward over 17 years, 5 months of age.NOTE: Court can also assume transition jurisdiction at re-entry for eligible former wards who exited and wish to re-enterRule 5.812(e) , WIC 450, & 727.2(i)***Form for Findings and Orders: JV-680
82Supervision of Transition Jurisdiction Counties must decide whether Probation or Child Welfare will be charged with supervising transition jurisdiction youthCounties 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.
84Hypo 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?