Presentation on theme: "Focus on Foster Family Agencies and Group Home Providers"— Presentation transcript:
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 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?
3 Today’s Presentation Overview of New Laws Eligibility Rules for Participation in Extended Foster CareBenefits Youth Participating in Extended Foster Care ReceivePlacements for NMDsPlacement Decisions and Supervision of PlacementsLicensing and Approval Standards for NMDsSpecial Populations of NMDsResolving Disputes
5 What challenges do transition age youth currently face? Inadequate housingLack of financial resourcesFrequent changes in home and school leave youth unpreparedLack of adult role modelsLack 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 placementMore options for continued benefits till age 21Monthly visits with social worker and assistance with transition to independenceHealth insurance until age 21Independent Living ServicesAB12 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 21Replaces 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 16Establishes new requirements for maintaining SSI eligibility for youth with disabilities7
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 environmentHelps ensure that youth will be better prepared for successful transition into adulthood8
9 Eligibility Rules to Participate in Extended Foster Care 9
10 HypotheticalVisnu 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.10
11 Eligibility 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).11
12 Phase-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 19.1212
13 Youth 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.
14 Categories of Eligible/Ineligible Youth Pregnant and ParentingMarriedInvolved in juvenile justice systemMilitary1414
15 What 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 eligibility151515
16 Participation 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
17 Changes 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
18 Participation 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
19 Participation 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)
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 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
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 practitionerNMD does not need to be seeking treatment for condition
22 Mutual 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.22
23 Monthly 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 file23
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 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
25 Court Process for EFCThe Court Process for NMDs who choose to remain in EFC, remain on the same six-month review cycle.The court reports and case plans must be completed for the six-month court hearings or administrative reviews (WIC 366.3).NMDs can appear via telephone for court appearances (WIC section 388(e)(3)).Parents are no longer noticed for court hearings.
26 What 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 2126
27 Re-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:27
28 Re-Entry into Foster Care (con’t) The county that maintains jurisdiction prior to youth exiting EFC, maintains payment/case management at re-entryIf NMD contacts county of residence to re-enter, and the county provides courtesy supervision, county assists youth in completing re-entry forms, faxes/ s the same day to county of jurisdictionIf county does not provide courtesy supervision, that county must immediately assist youth in contacting county of jurisdictionCase manager must file WIC 388 petition within 15 judicial days of signing the SOC 163Did not include re-entry language for AFDC determination since that is included on later slide in benefits section.28
29 HypotheticalVisnu 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 benefits29
30 Hypo 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?
31 Benefits Youth Participating in Extended Foster Care Receive 31
32 Foster 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).323232
33 Extended 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: $2,223-9,4193333
34 Extended 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!3434
35 Benefits 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 payment35
37 Where are Older Youth Placed in Foster Care? 2, year-olds as of April 1, 2011
38 Placement 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)
39 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).393939
40 Limitations 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
41 Group 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
42 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 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
43 Transitional 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
44 Transitional 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)
45 Transitional 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.
46 THP-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, 201246
47 THP-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
48 THP-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
49 SILP 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 explored49
50 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 issueHealth and safety inspection of thephysical spaceNote: this is not required for youth living in dorms or other college housing
51 SILP Readiness Assessment 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
52 SILP 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 rule52
53 Pre-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)
54 Placement 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
55 Hypo 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?
56 Placement Decisions and Supervision of Placements
57 Discussion 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)?
58 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.”
59 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/expectations59
60 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 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 appropriate60
61 Shared 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 Model616161
62 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) applyGroup homes still subject to limitations
63 Placement 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
64 New 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.
65 Community Care Licensing The Community Care Licensing Division (CCL) is the agency responsible for setting standards to be implemented based on AB 12In consultation with stake holders, CCL developed a set of interim standards to be applied to all of their licensed facilitiesFacilities include: small family homes, group homes, transitional housing programs, FFAs, foster homesInterim Standards available at:65
66 How 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 18666666
67 Intake 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 activities67
68 Intake 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 license68
69 Needs 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
70 NMDs 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!
71 NMD sharing a room with another NMD (84487) “As long as both remain compatible and the licensee takes into account the NMDs health, safety, and best interest, a nonminor dependent may be permitted to share a bedroom with a nonminor dependent of the opposite sex.”84487 (d)(1)(A)
72 Fingerprinting 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
73 Notification 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.
74 A 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
75 Treatment/Fairness for NMD (84472) NMD has right “to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.”
76 Safeguards 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 services76
77 NMD’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 instructions77
78 Telephones and Internet (84473) Telephone service in the facility shall be readily accessible to a nonminor dependent.If the licensee subscribes to an Internet service, it shall be readily accessible to a nonminor dependent in the facility.A nonminor dependent may, if developmentally appropriate for the nonminor dependent and by arrangement with the licensee, have personal landline or cellular telephone service or a personal computer for Internet access in the facility.
79 Transportation (84474)Unless other arrangements are specified in the Transitional Independent Living Plan for a NMD, the licensee shall permit the NMD to arrange for his or her own transportationNMD who is able to operate a vehicle for transportation may, but shall not be required to, provide transportation to others.If the licensee provides transportation to a NMD at the request of the NMD, the licensee shall ensure that persons who transport a NMD use vehicles that are in safe operating condition.
80 Placement’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 information80
81 Placement’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 connections81
82 Residential 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 Settings82
83 Residential 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.83
84 Removal 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
85 Plan of Operation (84422) What is it? A statement regarding whether the licensee intends to accept nonminor dependents.A description of programs or services to be provided by the facility consistent with assisting a nonminor dependent in preparing for emancipation from foster care.
86 What if I already modified my Plan of Operation but it has not been approved by CCL? CCL is allowing providers to serve youth over 18 as long as you have submitted a revised Plan of Operation – even if it has not been approved yetIf you have not submitted a revised Plan of Operation – you need to do that to continue to serve youth over 18 (eventually, there will be no more exceptions from CCL)
87 What if a provider wants to “opt-out” and not provide housing for NMDs? You do not have to provide housing to NMDs – you have the right to maintain your existing Plan of Operation StatementPossible consequence: County may be less inclined to place minors in your facility because eventually there will be no more exceptions from CCL and refusal to provide for NMDs results in disruption in schooling
88 Hypo ReviewDavion 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 Visnu (who is 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.
91 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 – 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 birthday91
92 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 birthdayNot yet 19 years old in 2012 (20 years old in 2013 and 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.
93 Group #2: Modification to Transition Jurisdiction Delinquency court now has the option to modify to a new type of jurisdiction: WIC 450 transition jurisdiction IFWard in foster care placement HAS met his/her rehabilitative goals, ANDIs older than 17 years, 5 months ANDThe delinquency court is ready to terminate jurisdiction
94 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.
95 ***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
96 Supervision 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.
97 Group #3: Modification to Dependency Jurisdiction Delinquency court must consider modification to dependency jurisdiction for a minor who:Has met his/her rehabilitative goalsNOT eligible for transition jurisdiction (e.g. due to age) ANDHas order for foster care placement through delinquency OR was under dependency jurisdiction with order for foster care placement at the time he/she was adjudged a wardANDAppears to come within or remains within the description of a dependent child - AND -Return to the home would be detrimental
98 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.
100 Is Julia eligible to become a nonminor dependent? Hypothetical 1Julia was declared a ward of the court under WIC On her 18th birthday, she attends a delinquency court hearing. Because she has not completed her community service and her grades are terrible, the delinquency court finds she has not met her rehabilitative goals and continues her case. She has an order for a foster care placement, remains on probation, and is ordered to remain in her group home.Is Julia eligible to become a nonminor dependent?Delinquency jurisdictionScenario # 1Julia was declared a ward of the court pursuant to WIC On Julia’s 18th birthday, she attends a hearing in delinquency court. Because she has not completed her community service and her grades are terrible, the delinquency court finds she has not met her rehabilitative goals. She has an order for a foster care placement, remains on probation, and is ordered to remain in her group home. Is Julia eligible to become a nonminor dependent?Answer: Yes-Julia is eligible and remains under delinquency court jurisdiction as a ward. However, once Julia meets her rehabilitative goals (and as long as she is still age eligible), she will be eligible for transition jurisdiction as a WIC 450 nonminor dependent. The delinquency court can modify delinquency jurisdiction to 450 transition jurisdiction at the WIC hearing. At that point, participation is voluntary.Scenario # 2Alex is a ward of the court. On the day before his 18th birthday, he attends a hearing in delinquency court. He has not completed his terms of probation, and the court finds that he has not met his rehabilitative goals, and orders him into a Camp Community Placement. Is Alex eligible to become a non minor dependent?Answer: No- Assuming the court vacated the order for foster care placement, Alex is not eligible for NMD status under AB 12 and never will be, as she is not subject to a foster care placement on her 18th birthday.Would your answer be different if Alex had been a dependent prior to being declared a ward?Answer: No, unless Alex is on dual status and has an order for a foster care placement through the dependency court. Otherwise, if her dependency case had been terminated, without an order for foster care placement on her 18th birthday, she is not eligible for NMD status under delinquency jurisdiction.100
102 Hypothetical 2Jon was declared a ward of the court pursuant to WIC He is 17 years, 8 months old, has now met his rehabilitative goals and the delinquency court is ready to terminate jurisdiction. He currently resides in a Group Home. He is at risk of abuse or neglect and can not safely be returned home.Is Jon eligible to become a nonminor dependent?Same facts, but assume Jon was over 18 years old and that he had turned 18 while in a Group Home.Would he be eligible to become a nonminor dependent?Transition jurisdictionScenario # 3Jon was declared a ward of the court pursuant to WIC He is 18 years old, has now met his rehabilitative goals and the delinquency court is ready to terminate jurisdiction. He currently resides in a Group Home. Is he eligible to become a nonminor dependent?Answer: Yes- As described above in Scenario 1, at this point the delinquency court could modify delinquency jurisdiction to transition jurisdiction at the WIC hearing.102
103 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?
105 What is SSI/SSP?Supplemental Security Income / State Supplementary PaymentNeed-based program that provides cash aid and Medicaid to qualified individuals with low income, few resources, and who are:Age 65 or older,Blind, ORDisabledYouth in foster care qualifies for the SSI/SSP payment for an individual in non-medical out-of-home care facilitySSI: $630SSP: $412 (to get this you must complete the SSP 22)Total: $1042Full description of rates is available in your handout.
106 Why Are We Talking About SSI? SSI benefits are an important safety net for those youth with serious disabilitiesImportant resource for youth participating in EFC to aid in their transition planningOngoing resource for youth once they leave foster careSSI is one of the only benefits available to youth with disabilities regardless of eligibility for AFDC-FC benefitsDual Agency Rate - linked to eligibility for AFDC-FCSpecialized Care Rate - linked to eligibility for AFDC-FCSupplemental Security Income (SSI) - regardless of dependency status or eligibility for AFDC-FC benefits
107 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 17.5Assist youth determined likely eligible with applicationWhen necessary to make an application, forego federal foster care benefits for one monthBest Practice Guidelines instruct counties on screening and applications. Available at:* Goal: have SSI in place at age 18*Angie – 2 minutesFor 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.
108 Timing the SSI Application for NMDs Timeline for application remains the sameEnsuring SSI is in place at age 18 provides youth maximum flexibility and choice among benefits, services and supportsYouth approved for SSI have same right to participate in EFC as all other youth at age 18Offsetting rules apply – youth in EFC might receive SSI, AFDC-FC, or a combination of both benefitsIf 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 stateMust sign a mutual AgreementMust participate in six-month court review/administrative reviewMonthly visit with the social worker/probation officerParticipate in TILPMeet one of the five participation requirements108108108
109 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 paymentMaintain representative payee accountIf youth is approved for SSI but receives federal foster care in excess of SSI – county must maintain SSI eligibility (using workaround)Youth can continue to receive SSI under child guidelines until age 22 if working on goals of IEPIf 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.109109109
110 What Is Different About SSI After Age 18 (from AFDC-FC)? A NMD can participate in extended foster care and receive SSIOffsetting rules apply – so NMD might receive either SSI, AFDC-FC or a combination of both benefitsFor 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 reviewMonthly visit with the social worker/probation officerParticipate in TILPMeet one of the five participation requirementsIf 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
111 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 caresSSI 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 eligibilityYouth can receive school scholarships and receive SSI simultaneouslyAllows youth additional time to establish SSI eligibility under adult standards
112 Best Practices: How Can Providers Help NMDs Who Are Eligible for SSI Assist NMD in applying for permanent affordable housingGain understanding of SSI programsdesigned to help individuals work orpursue their educationTicket to WorkPlan to Achieve Self SufficiencyStudent Earned Income ExclusionHelp 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; orin grades 7–12, for at least 12 hours a week; orin a training course to prepare for employment, for at least 12 hours a week (15 hours a week if the course involves shop practice); orin 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; orfor 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 SSITicket 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 services112
113 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?
115 Types of Potential Disputes Eligibility issuesAmount of benefits/denial of benefitsWhether NMD meets a participation conditionNMD disagrees with placement/SILP approval
116 Resolving Disputes: Eligibility & Amount of Benefits Benefits/eligibility disputesAmount of the benefit (ie: denial of specialized care increment, retroactive payments, etc)Termination of benefitsDenial of federal eligibilityThese disputes are resolved through the administrative fair hearing process.County sends a Notice of Action regarding approvals, denials, or changes in eligibilityProcess to request a fair hearing is on the Notice of ActionThis 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.116
117 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 partiesIf 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 eligibilityCourt 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.
118 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 jurisdictionEligibility worker can issue a Notice of Action to terminate benefits based on the court’s findingsThe NMD has right to a fair hearing to challenge termination of benefitsIf the court terminates jurisdiction – the NMD still has right to reenter at any time hitting the statutory age limitAt 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.
119 Resolving Disputes: NMD Disagrees With Placement/SILP Approval Attempt to resolve disputes informallythrough discussions/team meetingsIf NMD is assessed as not readySpecific areas where NMD has needsshould be addressed in TILPTILP should include a clear plan on what steps the NMD needs to take to be ready for a SILPCounties should develop grievance process for NMDsDisputes can be brought before juvenile court
120 Resolving Disputes: Administrative Hearing vs. Juvenile Court Eligibility IssuesFederal foster care eligibilityParticipation ConditionsAmount of Benefits/ Termination of BenefitsDenial 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 benefitsNMD failing to meet participation conditions2nd: 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 issuesYES – juvenile court ultimate arbiter of disputes over approval/denial of placements
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