1. Supporting Young Adults:
Cash, Medi-Cal, and Housing for Transition Age Youth

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

3. What Is Different? When a youth turns 18
When a young adult has been in foster care

4. Leaving Foster Care to … What?
Up to 65% of youth who leave foster care (including those in foster care through the 600 system) are homeless within 18 months.
In some counties, youth with no family support make up over 20% of the GA population.
Nationally, nearly 60% of former foster youth males have been convicted of a crime by 24. 4

5. Steven
Steven came to your homeless assistance outreach clinic. He turned 18 in June and has been living on the street since he ran away from his group home last year. He is tired and hungry and has had enough of street life. He would like to finish high school and go to college, but right now he needs a place to stay.

6. Sarah
Sarah came to your Clean Slate program to ask if she can do something about getting her juvenile record cleaned up. She was living with a foster family until she got pregnant and got arrested for shoplifting, and things got difficult in that home. She is now couch surfing, but is afraid CPS will find out and take her baby. She would like to get a job and a more stable place to live. She will turn 18 next month.

7. The Cast Income Based – available to all who meet income requirements
Status Based
In state care
Exit to Permanence
Transition from state care
Permanency plan
Emancipated
Brian 7

8. Income Based Benefits CalWORKs Food Stamps General Assistance Medi-Cal
SSI - Disability 8

9. Status Based Benefits: Supporting Youth In State Care
AFDC-FC (Foster Care Benefits)
Dependency or Delinquency
AB 12 (Extended Foster Care)
CalWORKs 9

10. Status Based Benefits: Supporting Exit to Permanence
Kin-GAP and Extended Kin-GAP
Relative Guardianship
Adoption Assistance and Extended AAP
Non-Related Legal Guardianship and Extended AFDC-FC for NRLG 10

11. Status Related Benefits: Transitional
Medi-Cal
Transitional Housing
Education and Training 11

12. Eligibility and Overview of Income Based Benefits CalWORKs Food Stamps General Assistance
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits. 12 12 12

13. Categorical Eligibility: Who Can Get CalWORKs
Child is living with caretaker relative
CA resident and resident of county where aid is received
“Needy”

14. Everyone else is a non-relative!
Who is a relative?
An adult related to the child by blood, adoption, or marriage within the fifth degree of kinship. Includes:
Aunts and Uncles (great, great-great)
First cousins
First cousins once-removed
Nieces and nephews
Spouse of any relative on list (even if relative is divorced or deceased)
Mother
Father
Stepparents
Siblings
Step-Siblings
Grandparents (great, great-great, great-great- great)
Everyone else is a non-relative! 14

15. Non-needy Caregiver Benefits
Children in the home of a relative who is not his/her parent (biological or adoptive)
Children in foster care who are not eligible for Title IV-E AFDC-FC

16. Needy Relative Caretakers
Needy relative caregivers may receive CalWORKs for themselves if the child is receiving:
CalWORKs
AFDC-FC
Kin-GAP
SSI

17. CalWORKs: What Do You Get?
Monthly cash benefit
Full scope MediCal with no share of cost
Food stamps
Households receiving CalWORKs as non-needy caretaker may not be eligible for food stamps.

18. CalWORKs: What Do You Get?
REGION 1
AU Size
MAP Exempt
MAP Non-Exempt 1
351
317 2
577
516 3
714
638 4
849
762 5
966
866 6
1086
972 7
1192
1069 8
1301
1164 9
1405
1258 10
1510
1351
10+
1532
1373
ACL 09-20
Payment Decreases Per Child!

19. CalWORKs: What Do You Get?
REGION 2
AU Size
MAP Exempt
MAP Non-Exempt 1
334
300 2
550
490 3
681
608 4
809
725 5
923
825 6
1035
926 7
1137
1016 8
1239
1109 9
1340
1198 10
1439
1286
10+
1532
1373
ACL 09-20
Payment Decreases Per Child!

20. CalWORKs: When Does It End?
Age 18
Age 19 School completion rule
Age 21 – Extended foster care

21. Food Stamps Who Can Get Food Stamps? What Do You Get? Also Note:
Higher income eligibility than CalWORKs
Maximum $2,000 in resources (up to $3,000 if 60 years old+)
If past felony drug conviction, must show not using or selling drugs now
What Do You Get?
EBT card to buy food (not household goods, alcohol, tobacco)
Amount depends on household size & income, e.g. max $526/month for family of 3 with no income
Also Note:
Work requirements for adults age 16 to 60
Household = living together, buying & preparing food together

22. Food Stamps Youth in Foster Care
Treated as a boarder, excluded from household
Can be included – both needs and income must be considered
Youth in Supervised Independent Living Placement (SILP)
SILP payment treated as income

23. General Assistance (GA)
Who Can Get GA?
Adults without children (minors qualify if they are not eligible for any other state or federal benefit program)
Resident of county
Very low assets (home & car don’t count)
Very low income
Citizen, legal permanent resident (3 yr deeming), VAWA petitioners, U & T visa holders and applicants per SB 1569 23

24. General Assistance (GA)
Other information:
Rules are different for each county
Work requirements, exempt if disabled*
GA recipients can also get food stamps
GA is a loan and must be paid back if other income is earned later
Screen clients for other benefits! 24

25. Exceptions to GA Time Limits
Disabled
64 or older
County Specific
Former foster youth 18-24
Other – county variations
Check your county policies 25

26. Eligibility and Overview of Income Based Benefits for Youth with Disabilities SSI/SSP Regional Center TAY Services Special Education
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits. 26 26 26

27. What is SSI/SSP?
Supplemental Security Income / State Supplementary Payment
Need-based program that provides cash aid and Medicaid to qualified individuals with low income, few resources, and who are:
Age 65 or older,
Blind, OR
Disabled
Youth in foster care qualifies for the SSI/SSP payment for an individual in non-medical out-of-home care facility
SSI: $630
SSP: $412 (to get this you must complete the SSP 22)
Total: $1042
Full description of rates is available in your handout. 27 27

28. SSI/SSP: Basic Eligibility
Children may be eligible for SSI/SSP benefits if they meet the following criteria:
Income and resources
No deeming if the child is living apart from parents
No deeming once a child turns 18
Citizen or certain categories of immigrant
Disability 28

29. SSI/SSP: Basic Eligibility
Children (under 18)
Marked or severe functional limitation
Expected to last at least 12 months or result in death
Adults (over age 18)
Inability to engage in substantial gainful employment
expected to last at least 12 months or result in death 29

30. Child SSI/SSP: What Do They Get?
Disabled child - $761.40
Children not living with their parents may be eligible for the non-medical out-of-home care rate: $1110
Must complete the SSP 22 to get the full benefit! 30

31. Adult SSI/SSP: What Do You Get?
Non-Medical Out of Home Care rate if
Living in a state licensed NMOHC facility OR In the home of a relative or guardian/conservator AND
Receiving “care and supervision” MPP –
If not receiving NMOHC, then adult rates apply. 31

32. Representative Payees
The County should be the payee of last resort.
“… when no other appropriate party is available to serve.” WIC 13754
Legal guardian or caregiver can become payee by making a request with the local Social Security Office.
Good idea? When the child is receiving SSI benefits, but the caregiver is receiving less than $1100 for the child.
Youth can be his or her own payee.
Age 18 unless legally incompetent 20 CFR §
Age CFR §§ (b),
Capable of using benefits to provide for his or her own needs.
Applying with 7 months of age 18.

33. SSI/SSP: When Does it End?
Continues as long as disability, income and resources criteria are met
Different disability standard for adults
Continuing Disability Review (“CDR”) to determine if the youth meets adult disability criteria
Benefits continue until CDR is complete – no need to reapply at 18.
Note: If a child still has an IEP, then benefits should continue until the child exits from special education, even if the child is determined no longer disabled. 33

34. Benefit Continuation Rule for TAY (18 – 24 years)
Benefits Continuation Rule: Allows benefits to continue even after SSA determines individual does not meet adult standard
Individuals must participate in approved programs of vocational rehabilitation that began before SSA determined that their disabilities ended.
Generally SSA must also determine that the completion of this program will reduce the likelihood that the recipient will need to rely on disability benefits.
Continuation in an IEP program is automatically considered an acceptable program that will reduce dependence on benefits. 20 C.F.R (b), (e)(2).

35. Establishing SSI Eligibility and Using SSI to Help in Transition Planning

36. Important Legislation to Assist Foster Youth with Disabilities
(1) development of best practice guidelines
(2) counties manage benefits in youth’s best interests
(3) assist youth in receiving direct payment of finding payee
(4) Inform youth of process of maintaining eligibility as adults
AB 1331
(1) Screen every youth for SSI eligibility between age 16.5 and 17.5
(2) Make an SSI application on behalf of likely eligible youth
(3) Goal to have SSI in place by age 18!
Best practices guidelines were release in February 2007 and are available. 36

37. Timing the SSI Application Under AB 12
Timeline for application remains the same
Ensuring SSI is in place at age 18 provides youth maximum flexibility and choice among benefits, services and supports
Youth approved for SSI have same right to participate in EFC as all other youth at age 18
Offsetting rules apply – youth in EFC might receive SSI, AFDC-FC, or a combination of both benefits
If a guardian/child move out of state – they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state
Must sign a mutual Agreement
Must participate in six-month court review/administrative review
Monthly visit with the social worker/probation officer
Participate in TILP
Meet one of the five participation requirements 37 37 37

38. SSI and Extended Foster Care: New Requirements for NMDs
If youth approved for SSI who actually receives a monthly SSI benefit elects to remain in EFC, county must assist youth in receiving direct payment
If youth is approved for SSI but receives federal foster care in excess of SSI – county must maintain SSI eligibility (using workaround)
If the foster care benefits amount is higher than the SSI amount, then SSI benefits can be put in suspense for twelve months. After twelve months, the SSI benefits are terminated, requiring a new application and determination of disability. Counties may need to forego federal foster care benefits for one month in each twelve month period to maintain SSI eligibility for a non-minor dependent to ensure that the youth exits care with SSI benefits intact. 38 38 38

39. How Can SSI Help a NMD Transitioning Out of Foster Care?
SSI links to Medi-Cal (while in care and after the youth exits care)
Often provides more support while a youth is in care and can help avoid homelessness once a youth exit cares
SSI eligibility may qualify youth for permanent affordable housing – can use time in EFC to apply for these housing slots!
Social Security has programs to help recipients pursue education or attempt work without losing eligibility
Youth can receive school scholarships and receive SSI simultaneously
Allows youth additional time to establish SSI eligibility under adult standards 39 39

40. Other Benefits for Youth with Disabilities

41. Regional Center and Youth
Lanterman Act:
Mental retardation, cerebral palsy, epilepsy, autism, and the “5th Category”
Comprehensive services for youth 0-3 and post special education (usually after 22)
List of services at WIC § 4512(b)
Most common for 3-22 year olds: respite, daycare, in-home behavioral support.
Problems? Call Disability Rights CA Advocate
A full list of advocates is available here 

42. Transition Aged Youth Services
Case management, housing, and/or other services to youth with Seriously Emotionally Disturbed or Seriously Mentally Ill diagnosis.
Funded by Mental Health Services Act
Examples in Alameda County include services at Fred Finch STAY Program, Youth Uprising, Westcoast, and Willow Rock.
For more information, contact Michelle Burns call (510)

43. Eligibility and Overview of Status Based Benefits – Supporting Youth In Care
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits. 43 43 43

44. AFDC-FC (Foster Care Benefits)
Licensed foster family home, group home, or foster family agency*
Approved home of a relative, IF eligible for federal financial participation*
Approved home of a nonrelative extended family member*
Home of a non-related legal guardian
Supervised Independent Living Placement (SILP) – over 18
Alice – 1 minute 44

45. AFDC-FC Also Available for:
Youth in probation supervised foster care placements
Youth living with non-related legal guardians

46. AFDC-FC – What Do You Get?
Foster Family Homes:
Basic rate: $621 - $799
Specialized Care Increments: $18 - $1413
Full scope MediCal with no share of cost
For children who are both regional center clients and eligible for AFDC-FC
Dual agency rate of $2006
May be eligible for a supplement up to $1000 additional benefit

47. Other Benefits for “Foster Youth”
Transitional Medi-Cal (if eligible at 18)
Transitional Housing: THP Plus (if eligible at 18)
Independent Living Skills
Program (ILSP)
(if eligible at 16)
Education and training

48. AB 12: California Fostering Connections to Success Act
Allows youth to remain in foster care and continue to receive support until age 21
Requires 90-day transition planning
Replaces California’s old Kin-GAP to align with new federal option (effective 1/1/11)
Extends AAP and Kin-GAP funding for youth who enter Kin-GAP or AAP after age 16
Establishes new requirements for maintaining SSI eligibility for youth with disabilities 48

49. AB 12 Benefits Promote permanency for foster youth
Enable youth to maintain a safety net of support while experiencing independence in a secure supervised living environment
Help ensure that youth will be better prepared for successful transition into adulthood 49 49

50. AB12 Benefits
Allows for Better Leveraging of Federal / State Dollars to Provide Care
Former foster youth are high utilizers of services funded either solely or predominately with county-only dollars (e.g., General Assistance, health clinics for the uninsured, emergency room visits, jails and prisons) 50

51. Phase-in Timeline
2012
Extended until age 19-EXCEPTION: youth receiving AB 12 benefits immediately prior to 19 can continue to receive benefits after turning 19.
2013
Extended until age 20-EXCEPTION: youth receiving AB 12 benefits immediately prior to 20 can continue to receive benefits after turning 20.
2014
You can remain in foster care and receive benefits up to 21 years old.
The trailer bill that recently went into effect made some changes to the way AB 12 is phased in over time. First off, extended foster care now extends to age 21. Secondly, if a youth was receiving AB 12 benefits prior to turning 19, they can continue to receive benefits after they turn 19 with no gaps in eligibility. The same goes for when a youth turns 20. Also it is important to understand that if a youth had to exit care solely due to age (because they turned 19) then they can NOW re-enter and not have to wait until January 1, BUT if a youth exited care for any other reason than age (e.g. opted out) they will have to wait until January 1, 2013 to re-enter. So if a youth was receiving benefits at age 18 then decided to opt out and exit care and turned 19, and they want to now re-enter they will have to wait until January 1, 2013.
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. 51 51

52. Eligibility Requirements for Extended Foster Care
Foster Youth “Non-Minor Dependents” (NMD) who:
Have an open court case at age 18
Satisfy one participation requirement
Sign a mutual agreement
Agree to meet with Social Worker
Agree to work on transitional independent living skills
Live in a licensed or approved setting
NRLG created in probate court not eligible
Note that many of these are not conditions of PAYMENT, they are conditions of participation. The social worker or probation officer will engage in ongoing work with the youth to maintain eligibility. If the youth does not meet these expectations, that may be cause to petition for a 391 hearing to terminate jurisdiction (of course, the youth has the right to reenter). These are not reasons to terminate payment (until the court terminates dependency jurisdiction). 52 52

53. What Must a NMD Do To Receive Extended Benefits?
Be enrolled in high school or equivalent program
Be enrolled in college/vocational school
Work at least 80 hours/month
Participate in a program/activity that helps you find a job or removes barriers to employment
Be unable to do one of the above because of a medical or mental health condition
The participation conditions apply to youth receiving extended KinGAP, extended AAP or NDNRLG (none of whom are NMDs) in addition to NMDs.
Affirmative obligation of SW to help youth maintain eligibility 53 53 53

54. NMDs Placed With Relatives: AFDC-FC vs. CalWORKs?
If federally-eligible, NMD in foster care placed with relatives get foster care benefits (AFDC-FC)
If NOT federally eligible AND placed in
foster care with a relative, NMD gets
CalWORKs
Rates are much lower for CalWORKs and decrease with each additional child
No specialized care rates or dual agency rates
There are different rates for different regions and the chart is just an example of rates for a large metropolitan area. Note the different end dates based on whether youth is in foster care vs. not in foster care. 54 54

55. Are NMDs Subject to CalWORKs Rules?
In general, NMDs are NOT subject to CalWORKs program rules (ie Welfare to Work)
Parenting NMDs can receive Extended CalWORKs or establish their own CalWORKs case
If parenting NMD establishes own CalWORKs case: Subject to CalWORKs rules BUT child is also aided
If parenting NMD chooses extended CalWORKs: No infant supplement and the child is not included in the CalWORKs grant
NOTE – there is ongoing discussion about whether a NMD who does not meet federal criteria can be placed with the relative in a SILP and receive state-only AFDC-FC.
NOTE: we also have a whole training on KinGAP 55 55

56. A Few Clarified CalWORKS Questions (From ACL 12-27)
If the SOC 161 is not signed by the time the youth turns may receive retroactive extended CalWORKS benefits back to the date the SOC 161 is signed
NMDs are required to be fingerprinted when he/she turns 18 in order to receive CalWORKS beyond the age of 18
NMD must continue to be placed with the caretaker relative to maintain eligibility for extended CalWORKS benefits
NMD over the age of 19 Is not considered a child for child support purposes.
For more Q&As see ACL released by CDSS
ACL is the ACL on extended CalWORKS 56

57. Placements for NMDs

58. Licensed or an Approved Setting
Youth has to be in a licensed/approved facility or home
New licensing/approval standards for NMDs
Same placement options exist for NMDs as for minors
Limitations on group home placements for NMDs (more later)
Limitations on THPP for NMDs (more later)
Two new placements for NMDs
THP-Plus Foster Care (more later)
SILPs (more later)
NMDs placed out-of-state can receive benefits
These are the placements for youth under 18 – from least restrictive to most restrictive. We will be discussing which rates each of these placements is eligible for in a minute.
We are not going into the different placements – just noting that the youth or NMD has to be in a licensed or approved placement in order to receive AFDC-FC
Note on non-related legal guardian. These guardianships could be created in either probate court or dependency court. If created in probate court, benefits end at 18 (or 19/graduation if the completion rule is met). If dependency court, then these youth can participate in extended foster care. ALSO note that – particularly for youth who have the guardianship created in probate court – it is possible to be in a non-related legal guardianship created by probate and never have touched the child welfare/foster care system.
THPP – AFDC-FC eligible placement but only for the first $2100 of the benefit. Funding methodology for THPP changing with realignment.
APPROVAL STANDARDS: (more on that later in presentation)
Federal and state law require both relatives and non-relatives to meet licensing/approval standards – namely requiring criminal background checks of any home to receive IVE funds. And the Adam Walsh Act required fingerprinting. Limited circumstances when the home can be approved despite a hit on the background check – has to meet one of the waiver categories. Difference between licensing and approval is really just which agency is doing the work. Licensing is done by CDSS or a county that has contracted for licensing. Approval is done by the county.
Home approval for licensing must use same standards as those used in licensing a foster family home
CCL developed new licensing rules for NMDs. Reflects the fact that these are young adults. Many of the old licensing rules for those under 18 are unworkable for a young adult – who has the right to manage own money, access and administer own medication, go away for the weekend without telling anyone, stay out all night, etc. But – as a practice issue – recognized that even though a home could be licensed for a NMD without imposing obligations on the provider to report absences, to lock up knives and medication, etc – that there still needs to be house rules set between the provider and NMD. Developed the Shared Living Agreement to facilitate discussions between NMD and provider about house rules/expectations. 58 58

59. Group Homes for NMDs
Decision on group home placement is to be a youth-driven, team-based case planning process
Youth can remain in group home if under age 19 AND continuing in group home is in NMDs best interest in order to complete high school or equivalent
Once NMD completes high school or turns 19, whichever is first, continuing in a group home is prohibited UNLESS
NMD has a medical or mental health condition (participation condition #5) and continuing in group home functions as a short-term placement;
Treatment services to alleviate the medical condition cannot be sole basis for disqualification from group home (Ex: youth is seriously emotional disturbed and is in therapeutic day treatment);
Treatment strategies should prepare NMD for discharge to a less restrictive and more family-like setting.

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

61. SILP Overview
Supervised Independent Living Placement (SILP) is a new placement option for NMDs ready for greater independence
Settings may include but not limited to:
Apartment living
Renting a room (including w/ a relative)
Shared roommate settings
Dorms
Living situations with adult siblings, appropriate extended family members, tribal members, NREFM or mentors should be explored

62. Placement with Relative vs. SILP with Relative
Placement with Foster Parent/Relative Caregiver
SILP with a relative/former foster parent
Approval Standards
Must meet approval standards (same as licensing of FFH)
Basic health and safety standards
Benefit Available
AFDC-FC (if federally eligible) - OR -
CalWORKs (if not federally eligible)
AFDC-FC (regardless of federal eligibility)
Youth with Special Needs
Dual Agency Rate or Specialized Care Increment
No specialized rates available

63. Special Populations of NMDs63

64. Youth Involved in the Delinquency System
Youth involved in the delinquency system can participate in extended foster care under 3 circumstances:
Probation youth who has an order for foster care placement on his/her 18th birthday – OR -
Probation youth who was transferred to “transition jurisdiction” and is under transition jurisdiction on his/her 18th birthday – OR -
Probation youth who was transferred to dependency system prior to age 18 and has order for foster care placement on his/her 18th birthday 64

65. Transition Jurisdiction
Transition Jurisdiction is designed to allow youth who are in foster care while on probation to take advantage of extended benefits after finishing their sentence without remaining “delinquents”
Must meet age requirements (see next slide)
Can also be taken upon re-entry into foster care 65

66. Eligibility for Transition Jurisdiction
Delinquent youth whose rehabilitative goals have been met - AND -
Are between ages AND had a foster care placement order on the day they turned 18 years old. OR
Are between 17 years and 5 months to 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 & (3) return home is a substantial risk AND (4) were removed from the custody of his/her parent or legal guardian by the dependency or delinquency court.
If a youth is being told they do NOT qualify for transition jurisdiction s/he should contact their attorney.
Why?
Important for eligible ward to be able to take advantage of extended benefits without remaining in “Delinquency”
Encourage former wards to participate in services
Age and foster care status
Older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or
Subject to an order for foster care placement on his or her 18th birthday and on and after January 1, 2012, has not attained 19 years of age, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age.
Removal status
Removed from the physical custody of a parent or legal guardian, adjudged to be a ward, and ordered into foster care placement as a ward or
Removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward.
Rehabilitative goals of the minor or nonminor have been met and juvenile court jurisdiction over him or her as a ward is no longer required.
If the ward is a minor,
Reunification services have been terminated;
Hearing for termination of parental rights or establishment of guardianship has not been set;
A return of the minor to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the minor's safety, protection, or physical or emotional well-being; and
The minor has indicated an intent to sign a mutual agreement for placement in a supervised setting as a nonminor dependent.
If the ward is a nonminor, he or she has signed a mutual agreement or a voluntary reentry agreement for placement in a supervised setting as a nonminor dependent.
Minor under transition jurisdiction referred to as ‘transition dependent.’
Nonminor under transition jurisdiction referred to as ‘nonminor dependent.’
County determines which agency supervise-Modify protocol. Best practice suggests done on case by case basis 66 66

67. Benefits for Pregnant and Parenting Youth
Pregnant and parenting youth are eligible for EFC
Benefit Payment
In a SILP, the parenting NMD can receive the foster care payment directly, including the Infant Supplement
For parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the provider
Whole Family Foster Homes, as FFA’s or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment 67

68. Eligibility and Overview of Status Based Benefits – Supporting Exits to Permanence
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits. 68 68

69. Kinship Guardianship Assistance Payment Program (Kin-GAP)69

70. What is Kin-GAP?
California’s Kinship Guardianship Assistance Payment program
Children in relative guardianship established by the juvenile court
Allow youth to exit foster care to guardianship with a relative caregiver without loss of funding 70

71. Kin-GAP: What do You Get?
Monthly negotiated payment:
Up to foster family home rate, including specialized care or dual agency rates and “whole family home” rate for minor parents
Maximum Kin-GAP depends on date of Kin-GAP guardianship
Set forth in agreement - adjusted as needs of the child change
Medi-Cal (Medicaid in other states)
Education/Training Vouchers – if youth entered Kin-GAP at 16 or older 71

72. Kin-GAP: When does it end?
Age 18: if Kin-GAP payments started prior to the youth turning 16 and no physical or mental disability
NOTE: if youth meets the completion rule benefits can continue until 19 or completion, whichever is first)
Age 21: if the child has mental or physical handicaps that warrant continuation – does not matter how old the youth was when entered Kin-GAP
Age 19 (in 2012) Age 20 (in 2013) Age 21 (in 2014): if negotiated Kin-GAP payments commenced at age 16 or older and the youth meets one of the five participation conditions
NOTE: Kin-GAP continues if the family moves to another state
NOTE – for youth being converted into the new KinGAP program this year, the timing of conversion could be important. This is because youth converted into the new federal program (because they were previously federally eligible) get KinGAP until age 21 if they convert when they are 16 or older. It doesn’t matter how old they were when they initially entered KinGAP – for the federally eligible youth, the key date is the date of the conversion.
For state-only KinGAP youth (ie those that went from CalWORKs to KinGAP) – they are eligible for extended KinGAP until age 21 if they ORIGINALLY entered KinGAP at 16 or older (in other words, the conversion date does not make a difference).
For youth with physical or mental disabilities (this has typically been interpreted broadly – there is no state or federal definition) – KinGAP extends to 21 regardless of when the youth entered KinGAP. 72

73. Adoption Assistance Payments (AAP)73

74. What are Adoption Assistance Payments (AAP)?
Monthly cash assistance available to relatives or nonrelatives who adopt chikdren with “special needs”
“Special needs” is broadly defined -- includes all youth who are adopted out of foster care
Others – At Risk of Foster Care; SSI 74

75. AAP: What Do You Get? Residential Care or Wrap Around services
Monthly negotiated payment:
Up to foster family home rate, including specialized care or dual agency rates
Maximum AAP depends on date the AAP agreement was signed
Set forth in agreement - adjusted as needs of the child change
Residential Care or Wrap Around services
Medi-Cal (Medicaid in other states)
Education/Training Vouchers – if youth entered AAP at 16 or older
If the initial adoption assistance agreement was signed between October 1, 1992 and December 31, 2007, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on December 31, 2007, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.[1]
If the initial agreement was signed between January 1, 2008 and December 31, 2009, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on December 31, 2009, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.[2]
If the agreement was signed between January 1, 2010 and June 30, 2011, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on June 30, 2011, and any applicable specialized care increment, that the child would have received while placed in a licensed or approved family home.[3]
For agreements signed on or after July 1, 2011, the payment amount cannot exceed the basic foster family home rate as set forth below:[4]
The per child per month basic rate, effective since July 1, 2011, according to the age of the child is as follows: $609 for each child 0-4 years old, $660 for each child 5-8 years old, $695 for each child 9-11 years old, $727 for each child years old, and $761 for each child years old.[5] These rates will be adjusted annually on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.[6]
Families receiving AAP payments may request an increase in the AAP payment up to the maximum amount allowed under the AAP agreement if the child’s needs or the family’s circumstances change. However, one the adoption assistance agreement is signed, payments cannot be decreased or terminated without the adoptive parents’ consent unless: (1) The adoptive parents are no longer legally responsible for the child’s support; or
The department finds that the child is no longer supported financially by the adoptive parents; or (2) The payments are more than the child would have received if the child were in a foster family home.
[1] MPP Adoption Users Manual § 35343(a)(2).
[2] Cal. Welf. & Inst. Code § 16119; MPP Adoption Users Manual §
[1] Cal. Welf. & Inst. Code § 16121(a)(1).
[2] Cal. Welf. & Inst. Code § 16121(a)(2).
[3] Cal. Welf. & Inst. Code § 16121(a)(3).
[4] Cal. Welf. & Inst. Code § 16121(a)(4).
[5] Cal. Welf. & Inst. Code § 11461(g)(1).
[6] Cal. Welf. & Inst. Code § 11461(g)(2). 75

76. NOTE: AAP continues if the family moves to another state
AAP: When does it end?
Age 18: if the initial AAP agreement was signed prior to the youth turning 16 years old and no physical mental disability
Age 21: IF the child has mental or physical handicaps that warrant continuation of benefit – does not matter how old the youth was when entered AAP program
Age 19 (beginning Jan ) Age 20 (beginning Jan ) Age 21 (beginning Jan ) – if date the initial AAP Agreement was signed is when the youth was age 16 or older and the youth meets one of the five participation conditions
NOTE: AAP continues if the family moves to another state
NOTE – for youth being converted into the new KinGAP program this year, the timing of conversion could be important. This is because youth converted into the new federal program (because they were previously federally eligible) get KinGAP until age 21 if they convert when they are 16 or older. It doesn’t matter how old they were when they initially entered KinGAP – for the federally eligible youth, the key date is the date of the conversion.
For state-only KinGAP youth (ie those that went from CalWORKs to KinGAP) – they are eligible for extended KinGAP until age 21 if they ORIGINALLY entered KinGAP at 16 or older (in other words, the conversion date does not make a difference).
For youth with physical or mental disabilities (this has typically been interpreted broadly – there is no state or federal definition) – KinGAP extends to 21 regardless of when the youth entered KinGAP. 76

77. Questions?