Presentation on theme: "Adolescent Permanency Jennifer Renne Kathleen McNaught Andrea Khoury Joanne Brown Buy-in/why should we care/focus on adolescent permanency: first 32."— Presentation transcript:
1Adolescent Permanency Jennifer Renne Kathleen McNaught Andrea Khoury Joanne Brown Buy-in/why should we care/focus on adolescent permanency: first 32 slidesLegal components: 11 slidesChafee Act: 18 slidesEducation: 9 slidesHealth: 6 slidesConfidentiality: 6 slidesHousing: 9 slidesAll other Judge’s guide topics: 1 slideBreakthrough Series Collaborative: 13 slidesAdolescent brain development: 9 slides
2Statistics About Youth in Foster Care AFCARS data, as of March 2003, indicates that there are:542,000 children and youth in foster careYouth ages 11 years and up account for 49% (260,457)Race/Ethnicity60% of the children and youth in care are children and youth of colorAfrican American - 38%Latino children - 17%Native American youthImmigrant populationSlides 2 through 11 should be used only when we are training SOLO or when our presentation requires us to put adolescent permanency in a larger context within permanency issues and child welfare. Also when we are asked to specifically asked to provide the “buy in” piece for “why should we care about this issue”.Note: 5-7 are directly lifted from NRCYD presentation
3Placement settings for all children/youth in care were: Preadoptive homes (4%)Relative foster family home (24%)Non-relative foster family home (48%)Group home (8%)Institution (10%)SILP programs (1%)Runaway youth (2%)Trial discharge to their families (3%)
4Permanency Goals 44% of the total had a goal of reunification 22% had a goal of adoptionDespite the fact that it was stricken from the ASFA statute, 8% (n=45,792) of these children and youth had a goal of Long Term Foster Care6% or 33,309 youth had a goal of emancipation.
5Profile of Youth Aging Out 18 years old3 or more years in careMultiple PlacementsMultiple workersNot likely to have completed educationMay have health or mental health needs likely to return to bio-family
7Describe the Terms Permanence Adolescence Durability Solidity ImmovabilityEternalnessAdolescenceExplorationRisk TakingMood SwingsTransition
8Defining Permanency Permanency planning involves a mix of: Family-centeredYouth-focusedCulturally relevantPhilosophies, program components and practice strategies.All designed to help children and youth live in families that offer continuity of relationships with a nurturing parent(s) or caretakers coupled with the opportunity to establish lifetime relationships (Maluccio and Fein, 1993)
9The Concept of Permanency for Youth The concept of permanence is often not clear-cut for adolescents in foster care; permanency can be ambiguous.Adolescence is by definition a time of transformation, growth, and change (physically, intellectually, morally, spiritually, socially, and emotionally).Developmentally, adolescents are struggling to identify who they are and as a parallel process they are also developing their own unique worldview.The primary developmental tasks are identity transformation and establishing independence.Within a backdrop of distrust of adults, reluctance to accept advice, and resentment of adult authority.Next 3 slides– Gary Mallon
10The Concept of Permanency for Youth Developmentally, adolescents are separating from adults and trying to determine their own identities, their own values, make their own decisions, and ultimately create separation from their families. As teens struggle through this separation, they are scared. The fear is masked in a rebelliousness that is often viewed negatively by adults. The rebellion usually is a rejection of anything adults view as valuable. This is part of the challenge experienced in working with any teenager.
11The Concept of Permanency for Youth Adolescents tend to operate in the realm of concrete thinking and permanence is, at best, an abstract idea.How a teen feels about their current situation will influence their decisions. For many foster youth, previous experiences clue them in to the fact that some families are not permanent.Permanency goals can be viewed as abstractions in themselves by youth who may view them as constructs being developed by adults and agencies.This is especially true when youth are not involved in the direct planning of their own permanency goals.
12Adolescent Development Youth in care have more difficulty than average, and this period is tumultuous even for youth not in care.Internal Struggles. While balancing a need for security and nurturing independence, many youth experience low self esteem, reinforced by labelling such as “problem child” or “at risk youth.” The most important thing: the behavior of youth is about them and their new development, not about others.Context. All teens need similar reinforcements (stability, caring adults, strong peers), but each child is different, too. Experiences in the welfare system shape their world view as do gender, race, religion, etc. Validating this allows healthy development.
13Case Study Discuss the important facts. What reasonable efforts could have been put into place to prevent removal?Was there a least restrictive alternative?Discuss grandmother’s role in the case.What are the permanency issues with Stephen?Should TPR be discussed? Concurrent planning?Is visitation sufficient?DRE: add tips for trainer….When should we use the case study (just for longer trainings)Able to use part of exercise for various issuesWhich issues is it covering?
14Family Centered Casework and Legal Strategies Which Support Permanency Targeted and appropriate efforts to ensure safety, achieve permanence, and strengthen family and youth well-being.Reasonable efforts to prevent unnecessary placement in out-of-home care when safety can be assured.Appropriate, least restrictive out-of-home placements within family, culture, and community – with comprehensive family and youth assessments, written case plans, goal-oriented practice, and concurrent permanency plans encouraged.Reasonable efforts to reunify families and maintain family connections and continuity in young people’s relationships when safety can be assured.These 6 slides are from Gary Mallon (RCFCP)This and next slide are good for making tie between adolescent perm and legal concepts.
15Family Centered Casework and Legal Strategies Which Support Permanency Filing of termination of the parental rights petition at 15 months out of the last 22 months in placement – when in best interests of the youth and when exceptions do not apply.Collaborative case activity – partnerships among birth parents, foster parents, the youth, agency staff, court and legal staff, and community service providers.Frequent and high quality parent-child visitingTimely case reviews, permanency hearings, and decision-making about where youth will grow up – based on the young person’s sense of time.
16Essential Elements to this Process Family-Centered and strengths/needs based practiceService delivery which is community basedCultural competency and respect for diversityOpen and inclusive practice, with full disclosure to parents and youthNon-adversarial approaches to problem solving and service deliveryConcurrent rather than sequential consideration of all permanency options
17Barriers to Youth Permanency Barrier #1: Permanency planning for adolescents is not a priority. There is limited understanding of, and lack of, training for staff regarding permanency planning for adolescents.Barrier #2: Sequential case management, rather than concurrent planning, continues to be the dominant method of practice.Barrier #3: There is a dearth of permanent families available for older youth.Barrier #4: Family members and others significant to the adolescent (fictive kin) often have limited involvement in the permanency planning process.Barrier #5: Programmatic and fiscal support for pre- and post-placement support services have been insufficient to achieve permanency.
18Pathways to Permanency for Youth Youth are reunified safely with their parents or relativesYouth are adopted by relatives or other familiesYouth permanently reside with relatives or other families as legal guardiansYouth are connected to permanent resources via fictive kinship or customary adoption networksYouth are safely placed in another planned alternative permanent living arrangement which is closely reviewed for appropriateness every six months
19Working with Adolescents It is incumbent upon adults who have a relationship with the young person to help them to consider the option of lifetime connections by helping to reframe the initial “NO!” into a “Yes” or “I’ll think about it.”It may initially help the young person to review their past connections and experiences to help put their thoughts and feelings into context.Helping youth to play an active role in their own planning and assisting them in developing a promising pathway to permanency that will be lifelong and sustaining can be a challenge, but it is not an unattainable goal.Helping youth to consider permanency and lifetime-connectedness only becomes possible when adults who work with young people are committed to facilitating the identification of connections in their lives.
20CIRCLE OF CONNECTIONSUsing flip chart: tell audience to write three concentric circles; in middle one write initials of anyone you could call at 2am if you were hurting b/c broke up with partner, flat tire on side of road, other crisis…..who are people in life you would call.On the next circle in middle: write the initials of people you would invite to party coming up; who would you invite….spouses and children too….On the outer circle: write inititals of acquaitences: work colleague, dry cleaner, person who cleans house.Then ask how many ppl in smallest circle? How many in middle one? How many in outer one?MESSAGE: This is what we must instill in kids before they leave care…need ppl at each level. This is what we are striving for when we talk about adolescent permanency. And need ppl that aren’t going to leave their lives when case closes. Needs to be more than just caseworker, attorney, CASA etc.This exercise goes well with discussion of next two slides
21Case Study Relevant Facts What would a discussion for permanency sound like?Should we continue to explore reunification?Who are the people in Stephen’s life that should be considered for permanency?What efforts should the agency be making with Stephen?What services should be investigated to achieve permanency?Theme of this part of hypo is two additional people enter picture; are they appropriate to involve; importance of involving youth is evaluating whether these are permanent resources for the youth.Lawyers need to ask these question too…not just s/wJudges need to know that this information is presented and if not ask parties for info.
22Working with Adolescents Who cared for you when your parents could not? Who paid attention to you, looked out for you, cared about what happened to you?With whom have you shared holidays and/or special occasions?Who do you like? Feel good about? Enjoy being with? Admire? Look up to? Want to be like someday?Who believes in you? Stands up for you? Compliments or praises you? Appreciates you?Who can you count on? Who would you call at 2:00 a.m. if you were in trouble? Wanted to share good news? Bad news?I really like these….where are they from? Should we remove from powerpoint and turn into a handout that we refer to at certain point in presentation?
23Working with Adolescents Who are the three people in your life with whom you have the best relationship?Would it help to review where you have lived in the past? To help you recall important adults in your life?To whom have you felt connected in the past?Who from the past or present do you want to stay connected to? How? Why?How are you feeling about this process? What memories, fears, and anxieties is it stirring up?
24Communication Techniques Do not take it personallyAsk non-accusatory questionsBe careful with “why” questions – instead, ask “what happened?” to avoid making the youth defensiveAsk open-ended questionsAvoid making judgments, assumptionsBe careful about the language you useMeet the foster youth half way – explain thingsEncourage open dialogue – be responsiveThese communication techniques come from the Judges guide: they are good to point out for all audiences who work directly with youth.A good document to accompany this discussion are the “questions for youth” in the back of the Judge’s Guide. Could use that document as a handout if this issue is a focus of training.
25Involving Youth in Permanency Efforts Youth must be involved in the process and must have inputMany youth want to be adopted, even if they initially say noYouth need to be involved in recruitment effortsYouth need to be able to identify persons with whom they feel they have connectionsYouth need to work with professionals who understand them and enjoy working with themMESSAGE #1: must talk to youth about their ideas about permanent connections. These questions are a good guide.Work with the youth to identify caring, committed adults with whom the youth would like to establish a connection or re-establish a former connection. Youth should be asked who they feel most comfortable with, who they trust (or with whom they might like to build a trusting relationship) and who they feel they have formed bonds to, such as former foster parents, former neighbors, parents of close friends, members of their extended family, group home staff, cafeteria workers, maintenance staff, administrators, teachers, coaches, and work colleagues.Models of Permanency Options for Older Adolescents in the U.S.- me for resources, examples of specific programs
26What Else Can You Do to locate permanency resources? Carefully review the case record.Review the youth’s entire case record in search of anyone who has done anything that could be construed as an expression of concern for them, including former foster parents, former neighbors or parents of friends, members of their extended families (aunts, uncles, cousins, older siblings), teachers, coaches, guidance counselors, group home staff, or independent living staff. Given that some youth have been in care for prolonged periods of time, case records can have many volumes. The entire record, all volumes, should be explored in an effort to uncover clues about possible connection both past and present. Third party reviewers can be helpful in the process of uncovering these possible connections as case workers who have been assigned the case may inadvertently miss connections that may be more visible to a fresh eye.Besides talking to youth about permanent resource……MESSAGE #2: review record for permanent connections that have been overlooked.
27Carefully Look at Foster Parents and Others Known to the Youth Interview the young person’s current and former foster parents, as well as group home staff and child care staff to determine who the youth currently has connections to: who does the young person get telephone calls from? Who has the young person had a special relationship in the past? Who visits the young person and whom does the young person visit? Has the young person formed a bond with any group home or child care staff that might turn into a permanent connection?
28Provide Information About Adoption to Youth and Family Engage the youth, his or her parents (if the youth is not currently freed for adoption) and foster parents or prospective adoptive parents in a discussion about shared parenting and ongoing contacts with members of the youth’s birth family after the adoption. Youth and parents need help understanding that although a termination of parental rights ends the rights of the birth parents to petition the court for visits or other contacts with their child, ad TPR does not prevent the young person from visiting or contacting members of his or her birth family.
29Supporting Permanency for Older Adolescents Through Positive Youth Development Approaches MentoringLife BooksPerson-Centered PlanningFamily Group ConferencingDigital StorytellingAppreciative InquiryFamily-to-Family ApproachesYouth Empowerment Approaches.
30Title IV-E and ASFAReasonable Efforts to Finalize Permanency Plan- new tool for advocatesThe ILP should be a “written description of the programs and services which will help such a child prepare for the transition from foster care to independent living.”EducationPhysical and mental health careHousingFormation of relationships with caring adultsUnderstanding of community resources, public benefits, and servicesDaily living skillsPermanency linked to well-being – education, healthCFSRsThese 10 slides are critical component to legal framework for adolescent permanency and tend to be meat of training on legal component to adolescent permanency.
31Case Study Discuss relevant facts. What should the permanency plan be? Concurrent plan?Adds last part of hypo….Youth is ending up in some sort of appla: either with Paul or grandma.Get audience to talk about do they think it is appropriate to put in own apartment and close case and that is it?Put youth in Paul’s apartment…….is not all that is needed.Permanency is more than just placement.Leads into next 8 slides.
32ASFA as it applies to transitioning youth out of foster care Another Planned Permanent Living Arrangement (APPLA)Versus:Long-Term Foster CareGroup Care / Residential TreatmentIndependent LivingEmancipation(fill in state) LawCompelling ReasonsReasonable EffortsConcurrent Planning
33Permanency Options Under Adoption and Safe Families Act Return to the ParentAdoptionLegal GuardianshipPermanent Placement with a Fit and Willing Relative* Another Planned Permanent Living Arrangement (APPLA)(*must document compelling reason)
342 different provisions: Compelling Reasons2 different provisions:1.The agency determines it has a “compelling reason” not to file a termination petition for child who has been in care “15 of the last 22 months.”2. “Compelling reason” why “another planned permanent living arrangement” is being selected as a permanency option.
35What is an “APPLA?”ASFA defines the term as “any permanent living arrangement not enumerated in the statute.”42 U.S.C. 475(5)(C)“Planned” means the arrangement is intended, designed, considered, premeditated, or deliberate“Permanent” means enduring, lasting, or stableIncludes:physical placement of the childquality of caresupervisionnurture
36What is an “APPLA”? Permanency goal for the child The objective is to craft the most stable, secure arrangement possiblePermanency includes something more than merely meeting the child’s immediate physical, educational, social, and mental health needsKey to the child’s future happiness and success is the development of relationships with members of the child’s family and communities
37Return custody to prior family Permanency Options Under (fill in state) Law example here is Virginia §Return custody to prior familyCustody to relative other than prior familyTerminate parental rights (Adoption)*Permanent Foster Care*Services to achieve independent living status for child 16 and over*Another Planned Permanent Living Arrangement (Residential Care)(* must document compelling reason)“AN EFFORT TO….”:Policy – Foster positive relations among professionals, parents and courtPractice – Read court’s file, be aware of history and pending issuesExample – Examples: 1. Mediating disputes between family members regarding termination (high conflict therapeutic mediation) 2. Allowing mental health/medical professionals to explain child’s needs in order to get buy in from parents as to treatment issues Setting up visitation plans between parents, grandparents, aunts, uncles, etc. Newton CMC example – set up visits between 3 sets of grandparents and extended family membersJudicial Perspective –“BARRIERS IN CASES…”:“Push people to get as concrete as possible, the treatment plan, for example, amy call for an alcohol assessment. Ct. Facil. Will push parties to say what program will be used, and how the parent will know where to go and when to go. Phone numbers are exchanged often.”“NEUTRAL FACILITATION…”: “Conferences allow parents to ask a lot of questions regarding the pending issues at the time. Not a time to rehash entire history of case, but to make sure parents and professionals know what is expected of them – So many treatment plans have language that the parent may not understand. The plan might make reference to ‘fostering a positive parental relationship’ – does the parent know what that means? The CMC is a time to make that very clear.”“NOTES…”: Next slide
38Services to achieve independent living status for child 16 and over Permanency Options Under (fill in state) Law example here is Virginia (continued)In Virginia these permanency options are all considered APPLA for federal purposes and must be documented with compelling reasons:Permanent Foster CareServices to achieve independent living status for child 16 and overAnother Planned Permanent Living Arrangement (Residential Care)“AN EFFORT TO….”:Policy – Foster positive relations among professionals, parents and courtPractice – Read court’s file, be aware of history and pending issuesExample – Examples: 1. Mediating disputes between family members regarding termination (high conflict therapeutic mediation) 2. Allowing mental health/medical professionals to explain child’s needs in order to get buy in from parents as to treatment issues Setting up visitation plans between parents, grandparents, aunts, uncles, etc. Newton CMC example – set up visits between 3 sets of grandparents and extended family membersJudicial Perspective –“BARRIERS IN CASES…”:“Push people to get as concrete as possible, the treatment plan, for example, amy call for an alcohol assessment. Ct. Facil. Will push parties to say what program will be used, and how the parent will know where to go and when to go. Phone numbers are exchanged often.”“NEUTRAL FACILITATION…”: “Conferences allow parents to ask a lot of questions regarding the pending issues at the time. Not a time to rehash entire history of case, but to make sure parents and professionals know what is expected of them – So many treatment plans have language that the parent may not understand. The plan might make reference to ‘fostering a positive parental relationship’ – does the parent know what that means? The CMC is a time to make that very clear.”“NOTES…”: Next slide
39Long-Term Foster Care / Permanent Foster Care Group Care / Residential TreatmentIndependent LivingEmancipation
40Use of Long-Term Foster Care The statute struck the term “long-term foster care.”The preamble to the regulations further explains:“Far too many children are given the permanency goal of long-term foster care, which is not a permanent living situation for a child.” 65 Fed. RegLTF/C is not stable, may disrupt often, leading to frequent moves for the child and instability.Policy- The more educated each party is, the more smoothly the case will run through the court process – this directly affects the child’s ability to be placed in a safe, permanent home.Practice – Referrals are made directly in court that the pro se parent needs to speak to the court facilitator “before leaving the courthouse.”Example – BCOP parents coming in expecting that they would have to be arrested in order for the case to begin and for their child to get the mental health services he needed.Judicial Perspective –
41What about Group Care/Residential Treatment? Rarely is group care a living arrangement that is planned and permanentConsider group care a step towards achieving the child’s permanency plan of adoption, reunification, etc., not a goal.Group care should not be considered an APPLA, if the child’s release from group care is reasonably likely during the child’s minority.Group care as an APPLA should require clear evidence that the young person will not be able to function in a family setting before reaching adulthood.Policy- The more educated each party is, the more smoothly the case will run through the court process – this directly affects the child’s ability to be placed in a safe, permanent home.Practice – Referrals are made directly in court that the pro se parent needs to speak to the court facilitator “before leaving the courthouse.”Example – BCOP parents coming in expecting that they would have to be arrested in order for the case to begin and for their child to get the mental health services he needed.Judicial Perspective –
42Independent LivingConsider Independent Living a set of services, not a permanency goal.Requirement under IV-E for family case plans to include ILPs “where appropriate for youth ages 16 and older.” A written description of the programs and services which will help such a child prepare for the transition from f/c to independent living.IL services should meet the child’s physical, psychological, emotional, educational needsJob skillsEducationSafe housingConnections to family,i.e. siblings, caring adultsPeer connectionsCultural identityUnderstanding of Community Resources, Public Benefits, and Services
43CONCURRENT PLANNING APPLA and : Reunification? Adoption? Reasonable Efforts to finalize an alternate permanency planAPPLA and :Reunification?Adoption?Relative Placement?“AN EFFORT TO….”:Policy – Foster positive relations among professionals, parents and courtPractice – Read court’s file, be aware of history and pending issuesExample – Examples: 1. Mediating disputes between family members regarding termination (high conflict therapeutic mediation) 2. Allowing mental health/medical professionals to explain child’s needs in order to get buy in from parents as to treatment issues Setting up visitation plans between parents, grandparents, aunts, uncles, etc. Newton CMC example – set up visits between 3 sets of grandparents and extended family membersJudicial Perspective –“BARRIERS IN CASES…”:“Push people to get as concrete as possible, the treatment plan, for example, amy call for an alcohol assessment. Ct. Facil. Will push parties to say what program will be used, and how the parent will know where to go and when to go. Phone numbers are exchanged often.”“NEUTRAL FACILITATION…”: “Conferences allow parents to ask a lot of questions regarding the pending issues at the time. Not a time to rehash entire history of case, but to make sure parents and professionals know what is expected of them – So many treatment plans have language that the parent may not understand. The plan might make reference to ‘fostering a positive parental relationship’ – does the parent know what that means? The CMC is a time to make that very clear.”“NOTES…”: Next slide
44Frame this as a “reasonable efforts” issue APPLA: R/E to Finalize the Permanency PlanSecond required R/E finding under ASFA.Judicial finding - whether the agencyprovided reasonable efforts to finalizethe permanency plan.Within 12 months of the child’s entry into foster care and every 12 months thereafter.A negative, late, insufficient or missing finding means the agency is ineligible for IV-E dollars until the court makes a positive finding.The finding must be detailed and child specific.
45Reasonable Efforts Inquiry Have other permanency options been fully considered and ruled out for valid reasons?Have compelling reasons been reviewed at each and every permanency hearing and at each review to determine whether a more preferred permanency option is possible?What efforts has the agency made to identify and recruit a permanent placement for the child? Has the agency considered the parents? Relatives? Current and former caretakers? Mentors, coaches, teachers, counselors, or employers? Have we asked the child about preferences or ideas for placement options?Is this placement the best way to meet child’s needs?Directly from Making it PermanentCan give out APPLA chapter from Making it Permanent as handout.
46Reasonable Efforts Inquiry Is the proposed plan actually a “permanent living arrangement?”What support structures are being put in place?MentoringCommunity based programsDoes the adolescent have any special needs, and what services is the agency providing? What efforts has the agency made to assess the safety, quality, and stability of the APPLA?
47The Chafee Act Background Information Signed December 14, 1999 Title I: Foster Care Independence Program – Independent LivingTitle I Subtitle C: Medicaid for ages 19-211995 General Accounting Office: “… as a group, [children in foster care] are sicker than homeless children and children living in the poorest sections of inner cities.”Usually they lost Medicaid when exiting Foster CareHere through 18 slides: include when we are providing an overview of Chafee program/Foster Care Independence Act
48FCIA and the Chafee Program Purposes. To identify youth likely to remain in foster care, and help them:Transition out of the systemGet education, and services for employmentPrepare for post-secondary educationHave personal and emotional supportGet Life-skills education and supportHave vouchers for education availableFirst 5 purposes were part of original 1999 act; 6th purpose added in 2002 created ETV program.Policy- The more educated each party is, the more smoothly the case will run through the court process – this directly affects the child’s ability to be placed in a safe, permanent home.Practice – Referrals are made directly in court that the pro se parent needs to speak to the court facilitator “before leaving the courthouse.”Example – BCOP parents coming in expecting that they would have to be arrested in order for the case to begin and for their child to get the mental health services he needed.Judicial Perspective –
49Requirements of the State Youth must be involved in designing their own program.Allow youth up to $10,000 in savings. (previous cap at $1000)Use federal dollars for training foster parents, foster and adoptive parents, group home workers, & case managers about adolescents and independent living.Provide services for youth with disabilities.Make benefits and services available to Native American youth in the same way they are available to other youth.
50Other Chafee IssuesIncreases funding for independent living services - $140 millionConcurrent planning: independent living services & permanency planningServices to include personal and emotional support, i.e. mentorsIncreased accountability: outcome measuresCollaboration with private and public sector
51Parameters for States Wide discretion States can use up to 30% of their Chafee money to provide room and board for youth who have aged out of foster care after turning 18 and are under 21.Some states elect to use the whole 30% for housing, while others use less.States have the option to extend the Medicaid coverage of youth in foster care until age 21. Only a few states have elected to use this particular Medicaid extension option, but a number of others provide alternative avenues for extending health care coverage.
52Services the State can provide Not exhaustive list of services.Assistance in obtaining a high school diploma or GEDCareer exploration, training, job placement, retentionTraining in daily living skills, financesSubstance abuse preventionPreventive health activitiesEducationTraining and employment servicesPreparation for postsecondary training and educationMentors and interactions with adults
53Expanded Medicaid Eligibility New optional Medicaid eligibilitygroup for youth who are or werein foster care at their 18th birthdayStates can limit this group through one or more of (look up state law) :An income or resource test – cannot be more restrictive than for the State’s low-income families with children eligible,A maximum age – through 18 or 19 years, for example, rather than 21. (Utah currently at 19, subcommittee of Governor’s Task Force considering extending to 21)Foster Care status – only to children who were eligible for maintenance payments or independent living services under IV-E.
54The Importance of Medicaid Eligibility Entitles youth to the full Medicaid packageIncludes the Early Periodic Screening, Diagnostic, and Treatment Program (EPSDT)When EPSDT identifies a physical or mental condition, the young person is eligible for all additional diagnostic, treatment, and follow-up services allowed under the Medicaid Program that are medically necessaryThe young person is eligible even if they are not specified in the State’s Medicaid plan.
55The Importance of Medicaid Eligibility Entitles youth to the full Medicaid packageIncludes the Early Periodic Screening, Diagnostic, and Treatment Program (EPSDT)When EPSDT identifies a physical or mental condition, the young person is eligible for all additional diagnostic, treatment, and follow-up services allowed under the Medicaid Program that are medically necessaryThe young person is eligible even if they are not specified in the State’s Medicaid plan.
56Medicaid State Match States are responsible for the non-Federal share The Federal Medical Assistance Package (FMAP) is from 50 to 76.8%The FMAP percentage is the same one applied to Federal funding under Federal Foster Care and Adoption Assistance Programs (FFCAAPs).
57Medicaid State Match Sources for States’ matching funds States usually rely on State general fundsSome allow other public entities to Medicaid financingChild welfare agencies may contribute through an intergovernmental transfer to the State or local Medicaid agency under its administrative controlState funds appropriated for child welfare may be usedFederal funds may not be used for matching unless they are authorized by Federal law for matching use.
58Medicaid Plan Amendment Approval State Medicaid agency must prepare anamendment to its State Medicaid PlanAdd the eligibility group of youth to be coveredState may submit the plan at any time to its Health Care Financing Administration (HCFA) Regional Office for approvalEffective the first day of the quarter submitted to HCFA in approvable formHCFA Regional Office staff are available to provide technical assistanceStates are strongly encouraged to elect this new Medicaid option to ensure that children transitioning from foster care get the physical and mental health care they need
59Education and Training Vouchers For two and four year universities, vocational training programs, and job training programs.Wide discretion as to who receives an ETV voucher, how much it is worth, and what costs qualify.Federal law allows up to $5000 per year or the cost of attendance, whichever is less.States have similar latitude in plan design under the ETV program as the other Chafee programs.States decide the best method of distribution including application forms and criteria.20% match by the state, 80% by federal funds.Policy- The more educated each party is, the more smoothly the case will run through the court process – this directly affects the child’s ability to be placed in a safe, permanent home.Practice – Referrals are made directly in court that the pro se parent needs to speak to the court facilitator “before leaving the courthouse.”Example – BCOP parents coming in expecting that they would have to be arrested in order for the case to begin and for their child to get the mental health services he needed.Judicial Perspective –
60Education and Training Vouchers Also under the Chafee Act, but with separate funding.Some eligibility criteria are different.Youth who meet their state’s eligibility requirements for Chafee services will qualify for ETVs. Two exceptions:Youth receiving ETVs, in some form of higher education at age 21, and making satisfactory progress, can continue through 23.Older youth who were adopted out of foster care after they turned 16 may also receive ETVs if they are continuing post-secondary education after turning 18. They can also continue through age 23.
61Learning About, Implementing Chafee YouthAdvocates should work to educate them about their new rights to independent living and health servicesYouth and court-appointed attorneys should work together to help youth learn about the FCIA and to access appropriate servicesEncourage and support youth’s efforts to be heard in the implementation process via, but not limited to:Formal meetings with their assigned caseworkers to develop their own independent living plansParticipation on state youth advisory boardsState-specific brochures, websites on Chafee for youth
62Learning About, Implementing Chafee Youth Who Have Already Exited Foster CareLearning about FCIA (Chafee) can be more problematicEffective outreach to these youth is essentialIf these youth are aggrieved of agency decisions denying or limiting them benefits, they should:contact their local legal services offices to see whether they can provide representationEven if these programs cannot provide services, their staff may be able to refer youth to:local pro bono programs,law school clinics, orattorneys who can represent youth free of charge.Youth who exited foster care might contact the attorneys who represented them in their dependency court cases, who may be willing to represent them or refer them to other legal resources.
63The Role Courts Can Play Juvenile and Family Court judges can be instrumental role in the FCIA and ensuring that youth have access to appropriate, comprehensive independent living services and health careIn the late 1980’s, the federal Adoption Assistance and Child Welfare Act of 1980 (AACWA) was amended, requiring a finding regarding specific services needed for any child 16 and over transitioning from foster careA youth’s case plan must include a written description of these programs and servicesThe amendment’s intent was to make case plans specific enough for implementation and encourage early planningASFA and the FCIA do not change the above provisions.
64The Role Courts Can Play In many states, the court’s authority to rule on youth’s cases extends to age 21. In others, it extends to 18 or 19.Judges can monitor the provision of services to youth, ensuring that agency services are not prematurely terminatedAdvocates should support state legislation that will authorize juvenile and family courts to maintain jurisdiction over the cases of youth leaving foster care up to age 21.Howard’s article could be more in-depth handout on the 18 to 21 issue, if the state is grappling with this issue.ADD
65The Role Courts Can Play Those working with transitioning youth should make sure that youth’s commitment or custody to the child welfare agency is not prematurely terminated.Under the FCIA, termination of agency commitment or custody before their 18th birthdays will deprive them of eligibility for independent living and Medicaid benefitsEducation of all parties involved, including and especially the youth themselves, is essential.
66Adolescent Well-Being - Education Education is a critical building block to finding employment, affording adequate housing, and obtaining needed health care.A national study from 1991 reported only 48% of youth aging out had graduated high school.A 2003 study of FC youth referred to IL classes from one Midwestern county showed:73% had been suspended at least once since the seventh grade, 16% had been expelled;29% had physical fights with students;63% had experienced at least one midyear school change since seventh grade58% had failed a class in the last year.However, 70% wanted to attend college.Here, we begin the breakdown by topics guided by the Judges Guide.These 9 education slides are good basic overview, but contact Kathy to supplement if training requires more specifics on education.
67Adolescent Well-Being - Education Major Issues – Secondary EducationMobility/Lack of School StabilityLack of an advocateDetermining Appropriate Education Decision MakerQuality schools and education servicesAccess to RecordsSpecial EducationDrop out vs. GED vs. High School diplomaSchool Discipline IssuesLack of post-secondary planning/transitioning
68Adolescent Well-Being - Education Major Issues – Post-Secondary EducationExposure to OptionsDecision making about educational futureSupports throughout decision and entrance processFinancial supports throughout education experienceOngoing emotional support education experience
69Education -- Critical Federal Laws Foster Care Independence Act (not exhaustive)Secondary educationAssistance in obtaining a high school diploma, career exploration, vocational training, job placement and retentionAssistance in receiving the education, training, and services necessary to obtain employmentPost-Secondary educationPrepare for and enter postsecondary training and education institutions
70Education -- Critical Federal Laws McKinney-Vento Act“Homeless” youth receive free, appropriate education. Removes obstacles delaying or preventing access, like residency, record, guardianship requirements, and lack of transportation. All school districts must have a liaison.Includes youth “awaiting foster care placement.”Applies to some youth in foster care & some who have aged out and haven’t finished high school.The youth or their advocate must contact the McKinney-Vento liaison for the school district they attend to gain enrollment.
71Education -- Critical Federal Laws No Child Left Behind (NCLB)Youth attending schools that have been designated “in need of improvement” for two consecutive years must be able to attend better schools. The schools provide transportation.Youth attending schools designated as “persistently dangerous” or who have been the victim of a crime at school, have a right to transfer.Youth attending schools that have been designated “in need of improvement” for three of the four previous years must be offered supplemental education services at the school system’s expense.
72Education -- Critical Federal Laws Individuals with Disabilities Education Act (IDEA)See “Special Considerations for Youth with Disabilities” in Chapter IV.Section 504 of the Rehabilitation Act/Americans With Disabilities ActSee “Special considerations for Youth with Disabilities” in Chapter IV.
73Education Discipline: There are minimum due process protections that schools must afford students accused of school violations resulting in short-term (under 10 day) suspensions:Notification of violationOpportunity to refute chargesExplanation of evidence relied uponSchools may have additional procedures for these short-term suspensions, including some limited appeal process to a higher-level administrator within the system.
74Education Financing for Higher Education Federal Pell grants, Stafford Loans, and state financial aid are based on financial need.Scholarship programs aimed at youth formerly in foster care at the state and national level.A number of states have tuition waiver programs for youth aging out of careEducation and Training VouchersTips for Attorneys and Judges (p. 24)Questions to Ask Youth (p. 25)
75HealthChildren in foster care are at higher risk for health-related problems than the general population.Access to Services and Records:A longitudinal study of foster youth in Wisconsin found that only 15% of the youth were assisted in obtaining their medical records and 11% were helped getting health insurance before discharged.12-18 months after discharge, 62% felt “not very well prepared” or “somewhat prepared” to obtain their own health information.47% still in foster care reported mental health services, but only 21% reported them months after discharge.Health topic: these six slides breakdown Judge’s guide section on health
76Health Importance of Access to Services and Records: A high level of quality medical service requires continuity of care.Doctors must be able to access a patient’s complete medical history in order to fully address patients’ medical needs.Medical histories also help diagnose, and treat chronic or worsening conditions.Many children in foster care have been unable to establish a “medical home” where information about health diagnosis and services can be gathered and stored.
77Health - Federal Programs and Services Foster Care Independence Act Medicaid ExtensionThis is the Chafee Act’s Medicaid provision, discussed earlier.
78Health - Federal Programs and Services Early and Periodic Screening, Diagnosis and Treatment (EPSDT)Qualifying children should be provided with periodic screening, vision, dental, and hearing services provided in the state’s planStates are required to cover all medically necessary services regardless of whether the state plan covers them.States are also required to do outreach to eligible youth and their families.EPSDT is funded through a state’s Medicaid program.
79Health - Federal Programs and Services Medical Record Requests and the Health Insurance Portability and Accountability Act of 1996 (HIPAA)Covered entities must protect individually identifiable health information, and child welfare agencies could be considered “covered.”Unless there is a federal or state exception, child welfare agencies must keep private the medical information regarding the children in their care.This can be difficult for agencies since they often make medical decisions and consenting for minors.Once a child ages out of care, he or she can control access to personal health information.
80Health - Federal Programs and Services State Children’s Health Insurance Program – SCHIPThe federal government extended health care coverage to age 19 for youth whose family income is 200% of the poverty level or less.While youth under age 19 meet their state’s specific income guidelines, they can qualifyIf the state used SCHIP funds to expand Medicaid, can’t have different version for some recipients.If the state created or expanded existing state insurance, the version can be different.Tips (p. 31)Questions to Ask Youth (p. 31)
81Confidentiality - child welfare advocates need information: To inform foster and adoptive placements of children’s health issuesTo investigate child abuse and neglectTo help court decide whether a child is endangered and must be placedTo develop good case plans for familiesTo decide whether to provide reunification services to parentsConfidentiality: these six slides cover various areas of confidentiality and record exchangeThat includes being able to talk to witnesses and professionals. That includes getting records from professionals, agencies, and law enforcemnt to find out whether the child is endangered.When they lack treatment history, CPS sometimes waste great amounts of money and staff time providing services. Ie: AN abusive parent has been receiving mential health treatment ofr years andhas repeatedly been in and out of mental health facilites. The parent is psychotice and the prognosis is poor. However, the CPS agency doesn’t get access to the parent’s full mental health records and develops a planto provide therapy for the parent so the child can be returned home. If the agency had obtained a complete se of mental health records, perhaps it could have obtained judicial permission not to provide family reunification services. It migh have sought early TPR or guardianship. Another Ie: A parent has been involved in drug related criminal activites for year. Several times, as a condition of probation or parole, the parent has been ordered into drug treatment. Each time, the aprent filed to successfully comjplete the treatment. The CPS agency, notknowing about the hisotry of criminal involvemnt or the court ordered drug treatment, develops a case plan calling for additional similar drug treatment. Perhaps if the agency had had the full criminal and treatment records, it could have moved more quickly for a new permanent home for the child. Or possibly it might have identified a different treatment approach with a greater chance of success.
82More HIPAA (Health)Covered entity cannot use/disclose individually identifiable health informationExceptions:To protect patient from abuse/neglectFor treatment purposesPursuant to court orderAuthorization from patient
83More FERPA (Education) Parents must have access to their children educational records; to others, parental consent is requiredExceptions:May disclose if emergency and knowledge of information is necessary to protect health/safety of studentMay disclose pursuant to a judicial order or lawfully issued subpoenaRegulations define parent: a natural parent, guardian, individual acting as parent in absence of parentEmergency exception is helpful in emergency removal situations but it is unclear whether it applies otherwise.
84CAPTAReports and records made and maintained pursuant to the purposes of CAPTA shall only be made available to:Subject of reportGov’t entities or agent carrying out its duty to protect children from abuse/neglectCitizen review panelsFatality review panelsGrand jury/court if information is necessary for determination of an issue before the courtOther entities identified by state statuteReports and records includes verbal communication. CPS does not have to make this information available to these groups of people. Discretionary but cannot reveal information to anyone other than this list. CPS can disclose records to groups not on the federal list, but only if state laws are passed to allow it.
85AACWAIn order for a state to receive federal funds under AACWA, it must demonstrate that it restricts the use of or disclosure of information to purposes directly connected withAdministration of the state planAny investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such planAvailable medical and educational information about the child must be shared with foster parents and child caring facilitiesThis is very flexible language. “Purposes of the plan” include accomplishing all virtually of the legitimate purposes of the child protection agency. This includes: meeting children’s needs for services, preventing needless foster care placement, safely reunifying families after placement, etc. There are federal regulations governing confidentiality under the Child welfare act. The federal regulations make it clear that information can e shared when needed for an investigation or court proceeding.Agencies are supposed to obtain and update specific types of medical and educational information. Plus they are to provide it to f/p.
86KCFSA CAPTA amendments; take effect June 24, 2004 Mandatory sharing of CPS information to public agencies (& agents) needing it to protect kidsPromote CPS linkages & referrals for physical, developmental, and mental health needs of children (suggests need for HIPAA guidance)Continuity, coordination and collaboration between the child welfare and juvenile justice systemsCollaboration & cross-training with substance abuse, health, domestic violence, and other agenciesCongress stated its intent that if abuse and neglect court cases are open to the public, state CAPTA grant eligibility is not adversely affected
87HousingChildren in foster care sometimes leave the system without basic independent living skills, unresolved issues surrounding their removal from their parents, alcohol/substance abuse, lack of adult support networks, no income source, and/or insufficient education.Each of these issues can affect a youth’s ability to obtain and maintain appropriate housing.These 9 slides cover Housing as broken down from Judges Guide.
88Housing Major Issues: Affordability Availability/Safety Sustainability AddictionReturning to Inappropriate Family Environments
89Housing Realities Two important facts about housing programs: First, the goal for most federal and state programs is to provide short-term housing while giving educational assistance, job training, life-skills training, and others.There are other ways. Many youth leaving care may be more creative. They may live with family, former foster parents, a friend’s parents, coach, or employer.Since judges and attorneys link youth to services and resources before and often after they turn 18, these non-traditional resources should not be overlooked.For some youth, these alternative choices provide a better safety net than traditional housing options discussed below.
90Housing – Critical Federal Programs Title IV-E Foster Care FundingStates may use their Title IV-E funds to create a variety of programs addressing housing needs specific to older youth under 18.States have been creative in addressing this need, for example, by providing supervised independent living programs for older youth to create an environment similar to that of living on their own while maintaining the child welfare safety net.States cannot use Chafee dollars for housing programs for youth under the age of 18.
91Housing – Critical Federal Programs The Foster Care Independence Act (FCIA) (Chafee)Allows each state to spend up to 30% of the Chafee dollars on housing for youth ages 18 to 21.Housing may also be covered under Chafee’s ETV program as education-related expenses.Texas – specifies 30% of Chafee funds for “aftercare room and board.”Illinois - housing and counseling services, start-up and supplemental money for up to 12 monthsA foster child emancipated from foster care before 18th birthday is not eligible for any housing under FCIA. This applies even to runaway youth, so be sure not to close the youth’s case until after 18.
92Housing – Critical Federal Programs Transitional Living Program (TLP) under the Runaway and Homeless Youth ActLonger-term supportive housing for up to 18 months. May include job, life-skills training, basic education and GED classes, on-site health care.“homeless” means ages who cannot live with a relative and have no other safe place to go.a social worker, homeless shelter, doctor, or legal advocate can refer youth. Most programs also allow for self-referralsThe National Resource Center for Youth Development maintains a listing of TLP programs organized by region. Over 150.
93Housing – Critical Federal Programs Housing Choice Vouchers (Section 8)Three major requirements:18 years old or older.Employed or have a steady stream of income.Must be “very low income,” not exceeding 80% of the median income for the area.The recipient pays 1/3 of his or her salary for rent.If other people are benefiting from the voucher, then it may be revoked. Everyone must be listed on the application, and must be “family.” Although this may include cousins, grandparents and nieces, this does not include friends and acquaintances.
94Housing – Critical Federal Programs Family Unification Program (FUP)Uncertainty in HUD’s finances affects FUPs funding.A protection for families in danger of losing children due inadequate housing. In 2000, coverage extended to youth aging out, or who left foster care after their 16th birthday.Not currently funded, but it was for two years.Allows access to special Section 8 vouchers. Most have no time limit, but FUPs are 18 months or less.FUP also requires the agency referring the youth to the program to be responsible for their aftercare
95Housing – Critical Federal Programs Supportive Housing Program (SHP) / McKinney-Vento ActMust be homeless before housing assistanceYouth no longer in foster care, who ran away, or left their foster parents or group home may qualifyHUD awards funds as annual competitive grantscan be used on a variety of services in the state: emergency shelter, supportive housing programs, financial help to those who received eviction noticesTips (p. 47)Questions (p. 48)
96Other Areas of Focus Employment (p. 33) FCIAWorkforce Investment ActJob CorpsAmericorpsConservation CorpsU.S. MilitaryTips and Questions (p. 40)Youth with Disabilities (p. 50),Teen Parents (p. 63)State Information for Older Youth in FC (p. 68)In the Courtroom, Guides for Easy Referral (p. 70)These are other topics that have not been broken out yet specifically from Judge’s guide, but can if that is need of audience.See Kathy if Youth with Disabilities is a topic, as she would have materials related to education for children with disabilities.
97PERMANENCE FOR YOUNG PEOPLE BREAKTHROUGH SERIES COLLABORATIVE This must be a BSC by Casey Family Programs. What year did they do this one?Good summary philosophy.
98PhilosophyAll policies, programs, practices, services and supports to achieve and support permanence for young people should be developed and implemented in ways that:Are driven by the young people themselves, recognizing that young people are the best source of information about their own strengths and needs and are leaders of and full partners in all decision-making and planning for their futuresBegin at first placement. Planning for permanency is initiated immediately, and all efforts are made to place a young person with one stable permanent family when out-of-home placement is needed.
99Acknowledge and demonstrate that permanence includes: a stable, healthy and lasting living situation within the context of a family relationship that includes at least one committed adult; reliable, consistent and healthy connections with siblings, birth parents, extended family and a network of other significant adults; and education and/or employment, life skills, supports and services.Recognize that every young person is entitled to a permanent family relationship, demonstrate that the agency is committed to achieving that goal, and include multiple systems and the community at large in the effort to identify and support such relationships.Philosophy
100PhilosophyHonor the cultural, racial, ethnic, linguistic, and religious/spiritual backgrounds of young people and their families and respect differences in sexual orientation.Recognize the strengths and resilience of young people, their families, and other significant adults and take a strengths-based approach to working with them.Ensure that services and supports are provided in ways that are fair, responsive, and accountable to young people and do not stigmatize them, their families or their caregivers.
101ComponentsEmpower young people through information, support, and skills (including independent living skills) to be fully involved in directing their own permanency planning and decision-making.Communication with young people is honest, direct and respects them as true partners, and young people are provided with opportunities to develop communications skills that enable them to take on the partnership role.Agencies place young people in positions where they are in charge of driving discussions and options and they receive training, preparation, services and support from child welfare agencies, multiple systems and the community at large to do so.Staff are trained and supported in using specialized permanency planning skills that assist young people in addressing their fears, feelings, family issues, hopes, dreams, and aspirations.Staff value, support, and provide opportunities for young people to advocate for themselves, and young people receive preparation that enables them to acquire the skills necessary to do so.
102ComponentsEmpower a wide range of individuals to participate in permanency planning, including family, tribal members, past, present and future caregivers, other adults who are significant to the young person, other systems with whom young people are involved, and other community members. Communication with young people is honest, direct and respects them as true partners, and young people are provided with opportunities to develop communications skills that enable them to take on the partnership role.
103ComponentsConsider, explore and implement a full range of permanency options in a timely and continuous way.From the beginning, continuously and concurrently employ a comprehensive range of recruitment options.From the beginning of placement, provide services and supports to continuously ensure that young people and their families have every opportunity to achieve and maintain physical, emotional, and legal permanence.
104ComponentsAgencies collaborate with other systems that serve children, young people, and families to engage children, youth, and families as true partners and to provide services, support and opportunities during and after placement.
105Key Measures (Evaluating progress on improving the way they achieve and maintain permanence for young people)Legal PermanenceYouth-Defined PermanencePlacement StabilityContent of MeetingsTraining and EducationMaking ConnectionsAvailable Potential Resource Families
106Youth-Defined Permanence Legal PermanenceIncrease in the number and percentage of young people who achieve legal family permanence through reunification, adoption, customary adoption, or guardianship (by race and ethnicity)Youth-Defined PermanenceDecrease in the number and percentage of young people in non-family settings, e.g. institutional and group home settings.Placement StabilityIncrease in the number and percentage of young people who leave out of home care feeling that they have the optimal level of family belonging and membership based on their vision and definition of permanence.
107Content of Meetings Making Connections Increase in the number and percentage of young people who report that they actively participate in their own case planning and decision-making and that their wishes are respectedMaking ConnectionsIncrease in the number and percentage of young people who maintain connections with their birth parents, siblings, extended family members and other significant adults in their lives
108Training and Education Increase in preparation, training, education, and or support that is provided about permanence for young people to key constituency groups such as:Young people, families and extended familiesAgency staffCourtsTribal courtsAttorneysCASA workersSchoolsProbation officersCommunity providersOther key partners as determined by the young people or the Department
109Available Potential Resource Families Increase in the number and percentage of resource families (foster, adoptive, kinship families) who have a demonstrated knowledge of, commitment to, and concern for young people and can parent young people with the unique needs, characteristics, and issues represented in the population
110Cell Changes – Growth and Pruning New research on adolescent brain development – Findings of Dr. Geidd and Others (cite)Cell Changes – Growth and PruningGray and white matter undergo extensive changes well past puberty!Structural changes at adolescence may explain the timing of schizophrenia and bipolar disorder.Wild conduct is actually not just hormones, but a combination of hormones and a “paucity of the cognitive controls needed for mature behavior”Slides : on adolescent brain developmentBased on Dr. Geidd’s presentation and Time magazine articleIf need more info contact Jen Renne.
111Cell Changes – Growth and Pruning 1st wave of brain cell changes: proliferation of cells between the third and sixth month after conception, then pruning before birth.2nd growth wave Giedd discovered occurs in late childhood and the critical pruning period is in the late teens. This period alters the number of connections between cells, rather than cell number itself. Connections decrease in number till the early 20s. Meanwhile, the white matter that shields the connections thickens, making transmissions faster.Most scientists believe that pruning is guided by genetics and by “use-it or lose-it” So, the most used synapses survive, and how you spend your time may be critical.
112Brain DevelopmentDevelopment goes in stages, from back to front, from most “primitive” to most modern.Last: prefrontal cortex – planning, setting priorities, organizing thoughts, suppressing impulses, weighing consequences of actions.So, bad decisions can come from teens lacking the part of the brain that makes them more “responsible” rather than from hormones.
113Emotion RecognitionTested adults vs. youths in recognizing the emotions behind facial expressionsAdults rely on the frontal area, and make few mistakes.Kids under 14, however, rely on the amygdala and make more mistakes, especially in identifying fear as anger, confusion, or sadness.This may explain why children see anger and hostility where it does not exist.
114Hormones, Brain Dev., and Risk-Taking In addition to testosterone and estrogen, adrenal sex hormones are produced, exerting direct influence on seratonin and other neurochemicals that regulate mood and excitability, and are especially active in the limbic system, the emotional center.“Adolescents actively look for experiences to create intense feelings”. They have an appetite for thrills via the hormone-brain interaction, perhaps evolved in order to promote exploration and nest-leaving.This is amplified by the incompleteness of the brain regions that curb risky behavior
115Risk AssessmentAdults versus teens deciding when it is safe to run a yellow light.Both are safe when alone.Teens take more risks when with friends, versus when they are tested alone (those over 20 don’t)Suggests our focus on education is not efficient use of resourcesMost teen crimes are committed by packs of kids.Risk-taking tendencies, rather than peer pressure, may propel them to drugs and alcohol.It may be that risk-taking tendencies of individuals feed off of each other when those youths are in a group.
116Hormones and Brain Dev.Rapid changes in dopamine-rich areas of the brain may also make youth more vulnerable to drugs and alcohol. Dopamine is particularly active in teens.The nucleus accumbens, which directs motivation to seek rewards, is also immature in teens. This may push youth towards more exciting, and/or less effortful, activities.A good way to get a kid off alcohol would be to stress immediate, tangible results, like being kicked off of a sports team, rather than a bad future.Sleep: it takes longer for melatonin, the sleep-inducing chemical, to rise in teens than in youngsters and adults.
117Hormones and Brain Dev.“For social and biological reasons teens have increased difficulty making mature decisions and understanding the consequences of their actions.”Comment: It is important to understand the challenges facing young people, and assist them to make responsible choices about their future, but never to disregard their point of view and their decisions.
118Helping teens develop in healthy ways pour on praise and physical affectionstay involved in their lifereasoning improves – adapt parenting to reflect increased abilitiespromote independenceset limits, but keep them fair and reasonableand be able to articulate the “why” of your decisions
119Checklist of Law/Policy Issues to be Considered Extend court jurisdiction post-18 (mandate/option?)Create I.L. court hearings(i.e. benchmark hearings- DC & IL)Meaningful youth participationAppointment/role of lawyer/GAL for post-18 youthMaximum age of jurisdiction/aidEffective use of up-to-21 Medicaid extensionRe-entry into care and/or services post-18Social Security $ accessTraining for adoptive & foster parents, group home & case managersRequire education & job case management servicesMandate data collection pursuant to Chafee/ outcome measurementProvide things adults need (I.D.s, bank account, etc.)No exit without meaningful adult connections(supports for bio family?)No homeless aged-out kidsMore $ for housing support
120Retention of Juvenile Court Dependency Jurisdiction to 21 ABA 2002– Urged Congress and state legislatures to enact laws that provide youth in foster care full access, up to 21, to independent and transitional living services and health careAlso urged extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21, when appropriate (e.g., youth consents), to ensure they have access to the court, and to legal and social services through the courtABA pledged to help ensure youth transitioning out of care have access to competent counsel to advocate for necessary services & safeguards
121What Are the Variations in Extending Court Jurisdiction? Half of states provide post-18 jurisdictionOf top 8 states in foster care population size (45% of all U.S. kids in care), 6 (CA, IL, MI, NY, OH, PA) allow post-18 court jurisdictionExtend to complete high schoolExtend due to youth’s disability/special needsA rare variation is to mandate continuing jurisdiction (e.g., if in child’s best interests)Court jurisdiction versus continuing agency servicesDon’t dismiss until certain outcomes achieved
122Center for the Study of Social Policy: One of 20 State Measures to Enhance Children’s Futures Center for the Study of Social Policy, “Twenty State Policies to Enhance States’ Prosperity and Create Bright Futures for America’s Children, Families and Communities” (January 2006)Measure 20: Statutorily authorizing that foster youth remain, post-18, under the oversight of the juvenile court (23 states plus D.C.)Only states that clearly say jurisdiction must end at 18: FL, GA, ID, IA, KY, NM, NC, UTChapin Hall research: Better outcomes for former youth in foster care if they remain in care after age 18
123Checklist of Law/Policy Issues to be Considered Extend court jurisdiction post-18 (mandate/option?)Create I.L. court hearings(i.e. benchmark hearings- DC & IL)Meaningful youth participationAppointment/role of lawyer/GAL for post-18 youthMaximum age of jurisdiction/aidEffective use of up-to-21 Medicaid extensionRe-entry into care and/or services post-18Social Security $ accessTraining for adoptive & foster parents, group home & case managersRequire education & job case management servicesMandate data collection pursuant to Chafee/ outcome measurementProvide things adults need (I.D.s, bank account, etc.)No exit without meaningful adult connections(supports for bio family?)No homeless aged-out kidsMore $ for housing support
124Retention of Juvenile Court Dependency Jurisdiction to 21 ABA 2002– Urged Congress and state legislatures to enact laws that provide youth in foster care full access, up to 21, to independent and transitional living services and health careAlso urged extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21, when appropriate (e.g., youth consents), to ensure they have access to the court, and to legal and social services through the courtABA pledged to help ensure youth transitioning out of care have access to competent counsel to advocate for necessary services & safeguards
125What Are the Variations in Extending Court Jurisdiction? Half of states provide post-18 jurisdictionOf top 8 states in foster care population size (45% of all U.S. kids in care), 6 (CA, IL, MI, NY, OH, PA) allow post-18 court jurisdictionExtend to complete high schoolExtend due to youth’s disability/special needsA rare variation is to mandate continuing jurisdiction (e.g., if in child’s best interests)Court jurisdiction versus continuing agency servicesDon’t dismiss until certain outcomes achieved
126Center for the Study of Social Policy: One of 20 State Measures to Enhance Children’s Futures Center for the Study of Social Policy, “Twenty State Policies to Enhance States’ Prosperity and Create Bright Futures for America’s Children, Families and Communities” (January 2006)Measure 20: Statutorily authorizing that foster youth remain, post-18, under the oversight of the juvenile court (23 states plus D.C.)Only states that clearly say jurisdiction must end at 18: FL, GA, ID, IA, KY, NM, NC, UTChapin Hall research: Better outcomes for former youth in foster care if they remain in care after age 18
127Seen and Heard: Youth Involvement in Court Hearings Policies of National Judicial And Bar AssociationsABA Standards of RepresentationNACC (National Association of Counsel for Children)NCJFCJ - Resource GuidelinesPEW Commission – recommends courts ensure meaningful particiaption from parents & childrenUNLV Recommendations: Child Advocacy and Justice 10 Years after Fordham
128Child and Family Services Improvement Act of (Title IV-B of the SSA reauthorizing the Promoting Safe and Stable Families)New federal law requires “procedural safeguards to be applied to assure that in any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the court ... consults, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child”“The federal government recognizes the importance of a youth’s voice in planning for her future. Judges are the final gatekeepers when a youth is leaving the care and security of foster care to begin a life without that support. Judges should see it as their responsibility to ensure that the youth has the skills and the support system as they enter into adulthood.”
129Benefits of Youth Participation in Court Process Sense of Control (youth may be experiencing lack of control over placement, school, friends, etc)Understanding the Process (versus having attorney or caseworker explain what happened)Empowerment/ ParticipationCritical Information for the CourtEngage youth in problem solving at all levels, including court
130Reunification after TPR Only one state has specific statute allowing a TPR to be undone (California)CA legislation- Welfare and Institutions Code Section (i)(2), effective 1/1/06Oklahoma is working on drafting legislation to undo TPR’spurpose of undoing the TPR?reinstate parental rightsIf not provided for in state law, possible strategies to achieve result:1) Allow parent to adopt the child, going through the ordinary adoption channels (homestudy, etc)2) Without undoing TPR, grant custody back to bio parent
131Resources Improving Outcomes for Older Youth: What Lawyers and Judges Need to Know.McNaught, Kathleen and Lauren Onkeles. Resource Center on Youth Development and ABA Center on Children and the LawDownload version atMaking it Permanent: Reasonable Efforts to Finalize Permanency Plans for Foster Children Cecilia Fiermonte and Jennifer RenneHealth Care for Teens: A Judge’s Guide Karen Eileen HowzeAchieving Permanency for Adolescents in Foster Care: A Guide for Legal Professionals.” Andrea Khoury and Mark Hardin, editors.
132Contact InformationJennifer Renne,Kathleen McNaught,Andrea Khoury,National Child Welfare RC on Legal and Judicial IssuesABA Center on Children and the Law740 15th Street, NWWashington, DC