Presentation on theme: "Extended Foster Care (EFC) (AB 12, Chapter 559, Statutes of 2010)"— Presentation transcript:
Extended Foster Care (EFC) (AB 12, Chapter 559, Statutes of 2010)
Eligibility for Extended Foster Care Benefits (Ages 18 – 20) Policy Letters: ACL 11-15 – Kin-GAP ACL 11-61 -- Eligibility ACL 11-69 – General ACL 11-77 – Placement ACL 11-78(E) -- CalWORKs ACL 11-85 – Probation ACL 11-86 – Kin-GAP/AAP ACL 12-12 – Re-entry into Extended Foster Care (EFC) ACIN I-40-11 – General overview of AB 12
Overview of Extended Foster Care Benefits Extended benefits available to youth (non-minors) who, at the time they turn 18: Have an open juvenile court case, Satisfy at least 1 of 5 participation requirements, Meet with Social Worker and update TILCP/TILP, Court or administrative review every 6 months, and Live in a licensed/approved facility Extended benefits also available to: Youth with a Non-Related Legal Guardian created in juvenile court (regardless of age of youth when guardianship is created). Youth who entered Kin-GAP or AAP at age 16 or older.
Phase-In: Who is eligible for extended foster care? Youth under age 19 as of January 1, 2012 who had an open case.* This includes: All youth who turn 18 on or after January 1, 2012, and Youth who turned 18 during 2011 AND met the current eligibility requirements (such as the continuing education rule), and Youth who turned 18 during 2011 who did not meet the continuing education rule provided the court retains jurisdiction. * Under 20 as of 1-1-2013 and 21 as 1-1-2014.
Completion Rule and Participation Requirements As of January 1, 2012, the continuing education rule for NMs participating in extended foster care changed. Participation Conditions: Must satisfy 1 of 5, or a combination, as documented in the youth’s TILP 1. Be enrolled in high school or equivalent program 2. Be enrolled in college/vocational school 3. Work at least 80 hours/month 4. Participate in a program/activity that helps them find a job or removes barriers to employment (like substance abuse treatment) 5. Be unable to do one of the above because of a medical or mental health condition
Completion Rule and Participation Requirements (Continued) Participation conditions must be documented every six months by social worker and sent to the EW. (SOC 161 – available online) NOTE: Continuing education rule still exists for certain groups that do not have access to extended benefits: Kin-GAP youth who entered Kin-GAP prior to age 16, and Youth in non-related legal guardianships created in probate court.
6 Month Certification of Extended Foster Care Participation Form
Licensed/Approved Placement To receive an AFDC-FC payment, a NM has to be in a licensed or approved placement Traditional placement options still available. However, group homes limited to youth under 19 in order finish school or NM has qualifying medical condition. 2 NEW Placement Options for NMDs: THP-Plus Foster Care Supervised Independent Living (SILP)
What about youth who want to opt- out? Eligibility for assistance does not end until the youth turns 20 (or 21), but aid is suspended when the NMD no longer resides in an eligible facility or after the court terminates dependency jurisdiction. Aid may be resumed at request of NMD, if eligible. Hearing (WIC 391) must be held prior to terminating jurisdiction (and assistance) and court must inform youth of: Right to remain in care Benefits of remaining in care Right to reenter care if under the age limits At the hearing, general jurisdiction for re-entry is taken if the court terminates dependency/delinquency jurisdiction.
Re-entry Youth can re-enter unlimited times prior to aging out. Re-entry process is intended to be as accessible and easy as possible Can re-enter by signing a Voluntary Re-Entry Agreement (VRA) for Extended Foster Care (SOC 163) – OR By filing a 388(e) petition to reinstate jurisdiction concurrent with signing a VRA. NM is eligible for benefits again as of the date that the VRA is signed and the NM is placed in an eligible facility. ACL 12-12.
Re-entry Continued If the NM re-entered Extended Foster Care via a VRA, then the court only needs to make a finding that re- entering care “is in the best interests” of the non-minor. If the NM re-entered Extended Foster Care with ONLY a court order, then the court must make all three foster care court findings. 1. Contrary to the Welfare 2. Reasonable Efforts 3. Placement and Care
Voluntary Re-entry Agreement for Extended Foster Care (SOC 163) Page 1
Voluntary Re-entry Agreement for Extended Foster Care (SOC 163) Page 2
Extended Foster Care Benefits – What Do They Get? NMs are eligible for the same rate they received in that setting as a minor. NMs are eligible for EFC even if living out of state. Host state rates apply.* SILP is limited to California’s basic AFDC-FC rate, even if the child is placed out-of-State. New statewide rates established for THP-Plus FC. Wraparound services are available for NMDs.
Benefits for Parenting Youth Parenting youth are eligible. Benefit Payment In a SILP, the parenting NMD can receive the foster care payment directly, which includes the Infant Supplement. For parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the provider. Whole Family Foster Homes, FFHs, relative, FFAs or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment.
Three Ways for Wards to Become Eligible for Extended Benefits Youth under the jurisdiction of the Delinquency Court pursuant to WIC 602 (who are still on probation) with an order for foster care placement at age 18. OR Youth no longer requiring jurisdiction according to WIC 602 because their rehabilitative goals as set forth in the case plan have been met. These youth who meet age and placement/placement order criteria are eligible to have their status modified to transition jurisdiction by the Delinquency Court. OR Eligible youth under 18 years old may resume or assume 300 dependency status if they are at risk.
Eligibility for Transition Jurisdiction Delinquent youth who was removed from the custody of his/her parent or legal guardian by the dependency or delinquency court AND: 1. Delinquent youth whose rehabilitative goals have been met, AND are between ages 18 -20 AND had a foster care placement order on the day they attain 18 years old. OR 2. Are between 17.5 and 18 AND have a current foster care placement order AND (1) are not receiving reunification services, (2) do not have a permanent plan of adoption or guardianship and (3) return home is a substantial risk.
Assuming Transition Jurisdiction For eligible youth age 17.5 years or older, the court can modify youth’s status to transition jurisdiction when it is prepared to terminate delinquency jurisdiction. The court can also assume transition jurisdiction at re-entry for eligible former wards who exited foster care at or after age 18 and wish to re- enter.
What about youth not eligible for Transition Jurisdiction? If youth does not qualify for transition jurisdiction at the time court is terminating delinquency jurisdiction (i.e., under 17.5 years old), but the youth cannot return home because it is not safe, the delinquency judge decides if jurisdiction should be modified to dependency jurisdiction. Procedural mechanism for modification would depend on whether child was a prior dependent. If yes, court would re-open that petition (241.1 process). If no, court can order (defense counsel or probation) to apply for 300 petition pursuant to WIC 329 process.
Process to Establish and Maintain Eligibility for Extended Foster Care Benefits
Role of Social Worker/Probation Officer Regarding Eligibility For initial eligibility – ensure there is an order for foster care placement on youth’s 18 th birthday For Wards – either order for foster care placement or the court modified jurisdiction to Transition Jurisdiction Affirmative obligation on county to ensure that NMDs who want to participate maintain eligibility. In order to terminate dependency (must be done by judge), must establish in juvenile court that the social worker/probation officer made reasonable efforts to ensure participation. Identify services in TILP to ensure meaningful participation in eligibility requirements, including a back-up plan. All case planning should be collaborative with nonminor.
Mutual Agreement – SOC 162 SOC 162 is not a condition of payment, but must be signed within 6 months of NM turning 18. Mutual Agreement documents youth’s willingness to: Remain in a supervised placement, Report changes relevant to eligibility and placement, Work with the Agency on the implementation of the TILP participation activities, and Participate in 6 month review hearings. Mutual Agreement documents agency’s responsibility to: Help NMD develop and achieve goals, Review and update TILP every 6 months, Help NMD remain eligible for extended foster care by responding to problems the NMD has identified and connecting NMD to supports and services, Help NMD and caregiver develop Shared Living Agreement, Ensure NMD has Medi-Cal card or other health insurance, and Provide NMD with contact information for his/her attorney.
Mutual Agreement for Extended Foster Care (SOC 162) Page 1
Mutual Agreement for Extended Foster Care (SOC 162) Page 2
Role of Eligibility Worker Where appropriate, a copy of the FC 2 NM, FC 3 and 3A, SOC 158A, 161, 162, 163, and 815, EA 1, SAWS 1 and all relevant court orders shall be filed in the EW’s maintenance case. CDSS strongly recommends that a copy of the SOC 161 participation documentation be kept in the EW’s file for audit purposes as well. Perform normal duties for changes of placement, calculate payments, rate adjustments, annual redeterminations, ensure eligible facility, etc. NOTE: If the NM is re-entering care, when doing a new eligibility determination, only look at the non-minor’s income and property. No need for deprivation.
SSI/SSP: Basic Eligibility Little or no income Few or no resources Citizen or qualified non-citizen Disabled
SSI/SSP: Basic Eligibility Disability – child standard: Marked or severe functional limitation expected to result in death or last for at least 12 continuous months Disability – adult standard: Inability to engage in substantial gainful employment and expected to last at least 12 months or result in death
SSI/SSP: What Do They Get? Disabled child - $750 Disabled adult (residing in own household) – $858 If in foster care OR residing with a non-parent relative caregiver (even if not in foster care) OR residing with a guardian (relative or nonrelative) Non-medical out-of-home care facility: $1086 There are offset rules for concurrent receipt of SSI and other assistance (AFDC-FC, AAP, Kin-GAP)
SSI/SSP: When Does it End? No definite end date – depends on the disability, income and resources Different disability standard for adult SSA conducts a Continuing Disability Review (CDR) in the month before the month the youth turns 18 to determine if the youth will remain eligible for SSI benefits under the adult rules. NM continues to receive SSI until CDR is complete.
SSI/SSP: County Mandate to Screen/Apply for SSI for Youth in Care Counties must: Screen every youth in foster care for SSI eligibility between ages 16.5 and 17. Assist youth determined likely eligible with SSI application. When necessary, use workaround to forego federal foster care benefits for one month out of every 12 months.
SSI: New Requirements for Non- Minor Dependents Timeline for application remains the same. The goal remains having SSI eligibility established around the time the youth turns 18. Ensuring SSI is in place provides youth maximum flexibility and choice among benefits, services and supports. If youth is approved for SSI but receives federal foster care in excess of SSI, the same workaround that is used to allow youth to apply for SSI will be used to maintain eligibility.
How can SSI help a youth transitioning out of foster care? Monthly cash assistance often more than other available cash assistance programs (i.e., CalWORKs, General Assistance) which can help avoid homelessness. SSI eligibility may qualify youth for permanent affordable housing. Youth can work part-time and still receive SSI. Social Security has programs to help recipients pursue education or attempt work without losing eligibility. Youth can receive school scholarships and receive SSI simultaneously.