Focus on Foster Family Agencies and Group Home Providers OVERVIEW of AB 12: Focus on Foster Family Agencies and Group Home Providers

Introductions Who are you? FFA, Group Home Provider, Social Worker, Relative Caregiver, Foster Parent, Other? What are the ages of the foster youth you work with? What are you most concerned about for youth in foster care who are turning 18? What do you hope to get out of today’s training? Any special concerns/questions?

Today’s Presentation Eligibility Rules for Participation in Extended Foster Care Benefits Youth Participating in Extended Foster Care Receive Placements for Non Minor Dependents (NMDs) Placement Decisions and Supervision of Placements Licensing and Approval Standards for NMDs Youth in Delinquency and Extended Foster Care

Eligibility Rules to Participate in Extended Foster Care 4

Hypothetical Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011. Their father has died and their mother is an alcoholic who is unable to care for them. Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week. Davion was recently arrested for robbery and is on probation. Through the local foster family agency, they were placed with foster parent Emily when they first entered foster care in 2008. They share a room in Emily’s home. There are also 2 other minors in her home. 5

Eligibility Requirements for EFC Extended benefits available to foster youth who Have an open court case at age 18 (i.e. order for FC placement) 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 Have 6 month court review hearings Two ways of saying the same thing in first bullet. Note that many of these are not conditions of PAYMENT, they are conditions of participation. The social worker or probation officer will engage in ongoing work with the youth to maintain eligibility. If the youth does not meet these expectations, that may be cause to petition for a 391 hearing to terminate jurisdiction (of course, the youth has the right to reenter). These are not reasons to terminate payment (until the court terminates dependency jurisdiction). 6

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. 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. 7 7

Youth Who Turned 18 During 2011 Youth who turned 18 during 2011 are eligible IF Order for foster care placement on’s 18th birthday AND Youth was still under order for foster care placement or re-entered care as of January 1, 2012 NOTE: As long as a youth is receiving AB 12 benefits in 2012 immediately prior to turning 19, the youth can continue to receive benefits after turning 19. Some of these youth may have had to exit care at age 19 (solely due to turning 19), but are NOW eligible to re-enter and receive benefits until 21! See Note above which changed after the trailer bill was issued.

Categories of Eligible/Ineligible Youth Pregnant and Parenting Married Involved in juvenile justice system TEST QUESTION #1: Let’s Review test question #1: What kind of court order must a youth have on his/her 18th bday to remain in foster care after age 18? (ANSWER is A-order for fo care placement) Military 9 9

What Must a NMD Do To Receive Financial Benefits? One of the following: 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 10 10 10

Participation Condition #1: High School-GED Includes enrollment in public high school, charter high school, alternative high school, nonpublic school, or adult education classes Any course of study leading to high school diploma, GED, High School Proficiency Certificate, or High School Completion Certification Enrollment is continuous during breaks Participation in activities described in IEP

Changes in the School Completion Rule As of January 1, 2012 – there is no completion rule for NMDs participating in extended foster care Youth qualify to remain in foster care after 18 if enrolled in high school or equivalent regardless of when the youth is expected to complete the program Completion rule still exists for youth that do not have access to extended benefits, including: Kin-GAP youth who entered Kin-GAP prior to age 16 and Youth with non-related legal guardianships created in probate court

Participation Condition #2: Post- Secondary Education Half-time requirement Includes non-credit courses Students maintain eligibility over breaks Students enrolled less than half time and those who drop classes can use participation condition #4 to maintain eligibility Required verification

Participation Condition #3: Working 80 hours per month Must be a paid position Includes paid internships and apprenticeships Meets requirement as long as the youth is scheduled to work 80 hours/month Income disregarded from determining amount of foster care payment IF earnings are specified in TILP Less than 80 hours a month and unpaid employment/internships meet participation condition #4 (activity to remove barriers to employment)

Participation Condition #4: Removing Barriers to Employment Can be self-directed, completed in conjunction with caregiver or social worker, or part of an organized program Must be working towards goals in TILP Should be working towards transitioning to education (#2) or employment (#3) participation conditions Can include job skills classes, mental health treatment, driver’s ed, ILP services and volunteering Range of documentation options

Participation Condition #5: Medical Condition “A physical or mental state that limits a nonminor dependent’s ability to participate in any of the activities described in subparagraphs (1) through (4)” Must be verified by health care practitioner NMD does not need to be seeking treatment for condition TEST QUESTION #2: Which of the following are participation conditions that a youth can do in order to remain in FC after age 18? (ANSWER A, C & D).

Mutual Agreement (SOC 162) 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 Participate in 6 month review hearings 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 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 Provide NMD with contact information for his/her attorney Mutual Agreement is NOT a condition of payment. Case Manager gives SOC 162 to youth and also signs it. 17

Monthly Visits with Social Worker or Probation Officer Monthly, in-person visits with social worker 100% of visits have to be face-to-face 51% in the home/placement NMDs can live out of county and/or out of state while participating in EFC Purpose of the meeting Identify participation conditions (including backup) and update TILP and case plan Identify services in TILP to ensure meaningful participation Focus on permanent connections and independence No longer focused on family re-unification, termination of parental rights or establishment of legal guardianship This training is not focused on the duties/responsibilities/role of the social worker/probation officers in terms of case management/supervision. But, rather – just want to highlight those duties that are related to eligibility. Most important is the social worker/probation officer has an AFFIRMATIVE obligation to assist a NMD who wants to remain in foster care in meeting on the participation conditions and at a 391 hearing to terminate jurisdiction that the county has requested, the county will have to demonstrate reasonable efforts to assist the NMD in meeting a participation condition. EW role: The Eligibility Worker does not do anything with regard to verifying that the youth in fact meets a participation condition. That is the social worker’s obligation. And the EW should not be terminating benefits based on his/her perception/belief/decision that the NMD is not satisfying a participation condition. BUT – CDSS does recommend that the EW keep in his/her file the documentation that the SW collects verifying the eligibility. If the EW does not have the documentation – should contact the SW (it should be in the SW file). It should not be a basis for terminating benefits – and, in fact, benefits continue if there is a dispute between the county and NMD about whether the NMD meets a participation condition until there is a 391 hearing. See 11403 (e) Eligibility for aid under this section shall not terminate until the nonminor attains 21 years of age  the age criteria, as set forth in subdivision (a),  but aid may be suspended and resumed at  when the nonminor no longer resides in an eligible facility, as described in Section 11402, or terminated at the request of the nonminor or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. From the ACL: The SW will obtain verification of participation and after completing the TILP with the NMD and reviewing the documentation of participation, the SW shall complete the Certification Form. The Certification Form must be forwarded to the EW. A copy of the Certification Form and all applicable documentation must be kept in the social worker’s case file 18

Monthly Visits with Social Worker or Probation Officer (con’t) SW/PO has an affirmative obligation to ensure that NMDs who want to participate maintain eligibility In order to terminate dependency, must establish in juvenile court that the social worker made reasonable efforts to ensure participation Case planning should be collaborative Goals are increasing levels of responsibility

What if a youth does not want to remain in foster care after age 18? Extended Foster Care is optional – but is opt-out If NMD does not want to participate, can request a hearing to terminate court’s jurisdiction Hearing (known as a WIC 391) must be held prior to terminating jurisdiction and court must find the youth was informed of: Right to remain in care Benefits of remaining in care Right to reenter care if under the age limits General jurisdiction for reentry retained by court until youth turns 21 20

Re-Entry into Foster Care ACL 12-12 Re-enter unlimited times if under the statutory age limits Re-entry is intended to be accessible and easy NMD is eligible for benefits again as of the date that the Voluntary Reentry Agreement is signed and the NMD is placed in an eligible facility Link to Re-Entry Contact In Each County: Dependency: http://www.cwda.org/downloads/tools/cws/cwda_ab_12_re-entry_contact_list_04_24_12.pdf Probation: http://www.cpoc.org/php/Placement/placementroster.php 21

Hypothetical Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011. Their father has died and their mother is an alcoholic who is unable to care for them. Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week. Davion was recently arrested for robbery and is on probation. Through the local foster family agency, he was placed in Emily’s home when they first entered foster care in 2008. They share a room in Emily’s home. There are also 2 other minors in her home. Issues: Related caregiver vs. Non-related caregiver SCI Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision)) Age and EFC And 450 jurisdiction for Davion CalWORKs vs. AFDC-FC vs. SILP Possibility of Kin-Gap (for both boys) Difference between probate and juvenile court guardianship (for Davion) Disability benefits 22

Hypo Review So now that Vinsu is 18 – is he eligible to participate in extended foster care? What about Davion? What additional information do you need? If Vinsu or Davion are eligible to participate but do not want to continue in extended foster care – what happens?

Benefits Youth Participating in Extended Foster Care Receive 24

Foster Care Benefits: What are the rates for the different placements? If the NMD remains in the same placement the foster care payment amount will not change the payment will continue to be paid to the provider If the NMD moves to a new placement, the amount will be based on the new type of placement. A SILP is the only placement type in which a NMD may be entitled receive the payment directly. NRLG created in probate court not 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). 25 25 25

Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Same rates for placements for youth under age 18 (as of July 1, 2012) Foster Homes, Relatives, NRLG, and NREFM: Basic rate currently is $799 NMDs can receive dual agency rate, specialized care increments and/or wraparound services Foster Family Homes: Basic rate is $640-799 Specialized Care Increments $18-$1,413 Foster Family Agencies: Non-Treatment: $640-799 Treatment: $1,697-1956 Intensive Treatment Foster Care (ITFC): $4034-5581 Group Home Rate: $2,223-9,419 26 26

Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Two new placements for NMDs (rates as of July 1, 2012) THP-Plus FC: New rates will be established (state has not yet released the new rates) Supervised Independent Living Placement (SILP): Limited to the basic foster family home rate of $799 No specialized care Possibly CalFRESH SILP rate will go up each July 1 with basic FFH rate TEST QUESTION #3: Review T/F, A YOUTH Is not eligible for FC benefits after they turn 18. FALSE—they are eligible for the same if not higher rates! 27 27

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 28

Placement Options for NMDs

Where are Older Youth Placed in Foster Care? 2,985 18 year-olds as of April 1, 2011

Placement Settings Traditional placement options still available to NMDs: Approved home of relative or NREFM Certified home of an FFA (includes ITFC) Foster Family Home Group Home (with limitations) Home of a Nonrelated Legal Guardian Small Family Home/Dual Agency Regional Center Homes THPP (with limitations) 2 NEW Placement Options for NMDs: THP-Plus Foster Care Supervised Independent Living (SILP)

NMD Must Be Placed in a Licensed or Approved Setting Youth over 18 has to be in a licensed/approved facility or home. There are new licensing/approval standards for NMDs (more later). NMDs may remain in their current placement without requiring a new placement agreement but if move, a placement agreement is required (more later). When the foster youth approaches age 18 and wants to remain in the same placement, the caregiver and the youth may want to work on a Shared Living Agreement that will help define the different roles as caregiver and young adult (more later). 32 32 32

Limitations on Group Homes for NMDs Youth may only remain in group home if under age 19 AND continuing in group home is in NMDs best interest in order to complete high school or equivalent Decision on group home placement is to be a youth-driven, team-based case planning process

Group Homes for NMDs (con’t) 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

Case Plan for Group Home Placements (ACL 11-77) If admission or continued placement in group home is necessary to finish high school or due to medical condition must detail reason in case plan. Case plan must specify: Why a group home is the best placement to meet the needs of the NMD How placement will assist NMD’s transition to independent living The treatment strategies that will be used to prepare the NMD for discharge to a less restrictive setting or more family like setting A target date for discharge from the group home Periodic review of the placement to ensure that it remains the best option for the NMD and progress is being made toward achieving the goal of independent living

Transitional Housing Placement Programs There are 3 types of transitional housing placements for foster youth and emancipated foster youth: THPP for minor dependents 16-18 THP-Plus Foster Care for NMDs 18-21 THP-Plus (regular, not foster care) for emancipated foster youth 18-24 who are either not to participating in EFC or are over age 21

Transitional Housing Program Housing There are 3 types of transitional housing models for foster youth and emancipated foster youth: Host Family Home Single Site Scattered Site (not available to foster youth16-18 years old except grandfathered-in youth)

Transitional Housing Placement Program (THPP for foster youth 16-18) THPP ends at age 18 – after age 18, a youth continuing in foster care can participate in THP-Plus FC. There will be a transition period to move youth from THPP to THP-Plus FC - explained by CDSS by July 31, 2012. THPP currently allows minors to live in all 3 housing models (Host Family, Single and Scattered). Scattered site housing will no longer be available for THPP minor foster youth unless the minor youth was placed in scattered site prior to October 1, 2012.

THP-Plus Foster Care Budget Bill makes THP-Plus Foster Care a licensed placement by Community Care Licensing as a Transitional Housing Program Provider The existing THPP license is an umbrella licensing category that now covers two categories of providers: THPP providers serving youth 16 – 18 THP-Plus Foster Care providers serving youth 18 – 21 Makes THP-Plus FC an available licensed placement effective October 1, 2012 39

THP-Plus Foster Care The All County Letter for THP-Plus Foster Care will be released by July 31, 2012 and will include instructions on the 4 steps needed to become a THP-Plus FC Provider: Apply to CCL to become licensed as a Transitional Housing Program Provider Become certified by an “applicable” county which may be similar to the Group Home/FFA host county letter of support process CCL will subsequently license the provider as a Transitional Housing Provider CDSS Rates will issue rate letter to provider

THP-Plus vs. THP-Plus FC HOW THEY ARE THE SAME Provide youth a comprehensive range of supportive services, including educational, vocational & social support. Affordable housing in three settings: Scattered site (62%) Single-site (25%) Host home (13%) Intensive case management: 1 to 12 for non-parents 1 to 8 for parents Similar monthly rates (~ $2,500 - $2,800/mo) Host Family Home will have a lower rate than single or scattered Both will have flat rate HOW THEY ARE DIFFERENT THP-Plus FC is a IV-E eligible placement and will be licensed and THP-Plus is only certified by the county Court supervision for THP-Plus FC Child welfare or probation oversight More comprehensive background clearance Will use different data systems Different ages THP-Plus: 18 to 24 THP-Plus FC 18 to 21 Adjust formatting

Pre-Placement Appraisal Process which includes a conversation with the case manager and caregiver to Determine the needs of the NMD, The ability of the caregiver to provide for those needs and Ensure the safety of everyone in the home Not necessary for approved homes (such as relatives or NERFM)

Placement Agreements If a NMD remains in his or her current placement NO new placement agreement is required Any change in placement requires a pre-placement appraisal and new placement agreement New Placement Agreement Forms have been developed SOC 152 – THP-Plus-FC Provider Agreement SOC 153 – FFA Agreement SOC 154B - Group Home Agreement SOC 156A – Foster Parents Placement Agreement SOC 157A - SILP Approval and Placement Agreement SOC 157B - SILP Checklist of Health and Safety Standards

Needs and Services Plan (84468.3) Provider should create a Needs and Services Plan consistent with the TILP NMD shall participate in development of Needs and Services Plan Must contain the following information: Planned length of placement Removal and discharge procedures

SILP Overview Supervised Independent Living Placement (SILP) is a new placement option for NMDs ready for greater independence. Providers may be in the position of assisting a youth transition into a SILP. Limited to basic rate (currently $799.00/ month) and possibly CalFRESH NMD may receive the foster care benefit directly 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/NREFM, tribal members, or mentors should be explored 45

SILP Readiness Assessment (cont’d) Example reasons for denial: Rent and utilities exceed income Unstable income No knowledge of how to manage money Unable to care for self without assistance due to a medical or mental health condition If assessment determines that NMD is not ready for a SILP, areas of improvement should be turned into goals in their TILP Reason for denial should be documented on the assessment and provided to NMD If NMD disagrees, he/she has the right to a grievance process

SILP Sites SILP may not include living with biological parent Temporary absence rules apply Approving SILPs NMDs allowed to live in an unapproved SILP temporarily County must inspect new SILP within 10 calendar days Must be re-inspected annually Ensuring privacy Roommates and landlords not assessed Social workers should arrange inspections and home visits in such a way that respects young adult’s privacy ACL 11-77 mentions the temporary absence rule 47

Pre-Placement Appraisal Process which includes a conversation with the case manager and caregiver to Determine the needs of the NMD, The ability of the caregiver to provide for those needs and Ensure the safety of everyone in the home Not necessary for approved homes (such as relatives or NERFM)

Placement Agreements If a NMD remains in his or her current placement NO new placement agreement is required Any change in placement requires a pre-placement appraisal and new placement agreement New Placement Agreement Forms have been developed SOC 152 – THP-Plus-FC Provider Agreement SOC 153 – FFA Agreement SOC 154B - Group Home Agreement SOC 156A – Foster Parents Placement Agreement SOC 157A - SILP Approval and Placement Agreement SOC 157B - SILP Checklist of Health and Safety Standards

Hypo Review So now that Vinsu is 18 – what are his options for placements? Can he remain in Aunty Em’s home? Can Visnu move into a SILP? What type of benefits will Visnu receive in EFC?

Placement Decisions and Supervision of Placements

Discussion Questions What do you think are areas of potential conflict between a provider and a NMD over the age of 18? What concerns do you have about providing ongoing housing/support to a foster youth after age 18? What are examples of things that you would do differently in providing housing/support to a youth after age 18 (as compared to the support you provide minor children in the home)?

General Guidance on Placement Decisions from ACL 11-77 “It is expected that NMDs will be provided placements that are the least restrictive and encourage as much independence as possible, based on the NMDs’ developmental needs and readiness for independence.” “Decisions regarding continuation of current placements or moves to new placements shall be made in consultation with the NMDs.”

Expectations and Consequences for NMD Licensing Rule: The caregiver/provider shall develop, implement, and maintain written expectations, alternatives, and consequences for NMDs living in the home/placement. One way to address this is using the Shared Living Agreement (SLA) SLA is not a licensing requirement - it’s a best practice and a way to establish house rules/expectations 54

Shared Living Agreement (SLA) SLA is a basis for a written understanding between the NMD and caregiver/roommate and is recommended for when the youth enters EFC Should be broad in scope, covering aspects of shared daily living Each SLA should be individualized, reflecting specific values, concerns and personalities of all parties Should support NMD’s continued transition into adulthood Renegotiated and updated as needed and appropriate 55

Shared Living Agreement (SLA) Examples of what to include in SLAs: Mentoring/Skills/Interests Household Agreements and Customs Healthy and Safety Concerns Household Chores and Responsibilities Attendance and Performance at School and or Work Financial (allowances or personal spending) Drugs and Alcohol Conflict Resolution Curfews Guests Reasonable expectations for living in the facility or home with emphasis on reasonable alternatives and consequences for noncompliance with expectations. A NMD is to participate in review based on needs. May use Shared Living Agreement as a Model 56 56 56

Emergency Placements Emergency placements may be necessary for NMDs Until regulations are developed, Manual of Policies and Procedures sections 31-410 (temporary placements) and 31-45 (emergency shelter care) apply Group homes still subject to limitations

Placement of NMDs Who Re-Enter Placement in a licensed foster home where minors reside is allowed Pre-placement appraisal conducted County may elect background check for NMDs placed in homes with minors Placing agency has discretion to place prior to receipt of results based on results of appraisal Criminal record does not disqualify them from re-entry

Hypo Review Visnu who is 15 wants to be able to have access to his own medications without having to ask Emily. Is that permissible per the licensing rules? What about Davion’s (18) ability to access medications? If Emily needs to leave for a week can she have Davion be responsible Visnu while she is away? Answers to Hypo questions: No, Visnu who is 15 cannot have access to his own medications since he is under 18. Davion can have access to his own medications as long has his prescribing physician does not say otherwise. Emily can ask Davion to babysit Visnu and get approval from the case manager but this is the case manager’s decision to make.

New Licensing Standards for NMDs Add in information about liability issues and questions that commonly getting in. Add in Role playing section. Add in personal rights. Add in info of operation. Add in info on THP FC and the licensing regs.

How are Licensing/Approval Standards Different for NMDs? New licensing standards reflect status as adult Control over cash and property Right to own a car Control over health care decisions If Internet access in home, it must be made available to youth Allowed to be left at home unsupervised overnight Access to items needed for cooking and cleaning These are just examples – not a complete list Will also apply to relative and NREFM approvals NREFM/Relative Care Giver Approval ACL pending regarding new standards New Forms Checklist of Health and Safety Standards for Approval of Family Caregiver Home-Nonminor Dependent (SOC 817NMD) Relative or Nonrelative Extended Family Member Caregiver Assessment-Nonminor Dependent (SOC 818NMD). SOC 815 (Approval of Family Caregiver Home) has been revised Need to be completed at re-assessment or new placement of NMD Caregiver should be made aware of new requirements when youth turns 18 61 61 61

Overview of New Licensing Regulations All licensed providers who house NMDs will be required to follow new regulations (http://www.ccld.ca.gov/res/pdf/AB12gh.pdf) We will be detailing some of these new rules: NMDs sharing room with a minor Fingerprinting Notification of Whereabouts (NMD and Caregiver) Intake Procedures NMDs personal rights NMDs rights regarding personal property and valuables New responsibilities for supervision of NMDs Residential Activities Removal Procedures 62

Intake Procedures For NMDs (84468.1) If a new placement: A pre-placement appraisal is completed by administrator and/or social worker Appraisal shall include statement declaring the NMD is no threat Overview of the NMD’s health history (including physical and developmental disabilities & mental health conditions) Social factors, likes, dislikes, interests and activities 63

Intake Procedures For NMDs (con’t) Non-emergency placement facility staff shall: Obtain intake information from placement agency If information is not completed by placement agency If not received within 15 days then the facility staff shall seek the information from other sources Request Health & Education Passport, any Needs and Service Plan and Independent Living Plan for NMD Complete Needs and Service Plan If an emergency placement: NMD in facility shall not result in the facility exceeding its license 64

Needs and Services Plan (84468.3) Provider should create a Needs and Services Plan consistent with the TILP NMD shall participate in development of Needs and Services Plan Must contain the following information: Planned length of placement Removal and discharge procedures

NMDs Sharing Room with a Minor (84487) There are only 3 circumstances* when NMD can share room with a minor (applies to FFA, FFH or Group Home): NMD and minor have been sharing bedroom before NMD turned 18; OR NMD and minor are siblings; OR NMD is sharing a bedroom with his/her own child *If none of the above apply, need an exception from licensing!

Fingerprinting of NMDs Licensing rule: No fingerprinting required for NMDs Counties can use fingerprinting: Youth remaining in care in the same placement attaining age 18 – no fingerprints. Youth who exit and re-enter – they may be fingerprinted only for the purpose of assessing the safety and appropriateness of placement in a facility that has minors Cannot find anything referenced in licensing rules about this so cannot reference a regulation

Notification of Whereabouts (84461) If NMD wants to go away over night: The licensed FFA/FFH and Group Home staff shall report to NMDs case manager any prolonged absence or failure to return of NMD lasting more than 72 hours “that involves the NMD and threatens the physical or emotional health or safety of the NMD” If the caregiver wants to go away over night: Caregiver permitted to leave NMD in the home alone, including overnight (up to 72 hours with no notice to the case manager) If longer then 72 hours, caregiver shall provide written or verbal notification to the case manager and get prior approval.

A NMD’s Personal Rights (84472) Examples of personal rights that apply to a NMD: Allow NMD to acquire, maintain, and possess and use personal items Acquire, possess and maintain vehicle Select, obtain and store own food Adequate privacy for visitors To be informed by caregiver of laws regarding complaints and confidentiality of complaints Send/receive unopened mail Acquire, possess and maintain landline or cell phone Leave or depart the home at any time at NMD’s discretion To be free from unreasonable searches of personal belongings. Caregiver/Provider shall ensure NMD is verbally informed of these rights at time of placement and provided written information regarding agencies NMD can contact if rights are violated

Safeguards for Cash Resources and Valuables (84426) A NMD shall have control of his or her cash, personal property, and valuables in accordance with his/her developmental level At their request, the NMD shall be given assistance with managing their cash or personal property At anytime the NMD may entrust the facility with his/her personal property or cash resources The facility must then keep the NMD’s resources separate from the facility’s The facility must maintain an accurate and up-to-date itemized list of the NMD’s resources The facility may not make expenditures from the NMD’s resources for any basic services 70

NMD’s Health Related Services (84475) NMD has to have access to first aid supplies appropriate to the needs of the NMD and privacy for first aid treatment If facility controls access to medications: If NMD requests, then staff has to assist with self-administration of medication   Staff shall ensure that NMD stores medication and injections in a manner that ensures the safety of the other NMDs and children in the facility If the NMD cannot determine his needs for medication, facility staff shall determine the need of the NMD in accordance with medical instructions 71

Placement’s Responsibility for Care and Supervision of NMD (84475) Licensee shall assist NMD to develop self-sufficiency skills: Financial literacy Nutrition and healthy food choices, grocery shopping, meal prep Identification of suitable home and home maintenance Child care and children needs Automotive maintenance Educational and career development Obtaining medical, dental, vision and mental health care Access to community resources Developing and researching goals Self-care, including doing their own laundry Drug and alcohol abuse awareness and prevention Safe sex and reproductive health information 72

Placement’s Responsibility for Care and Supervision of NMD (cont’d) As developmentally appropriate, provide care and supervision to meet needs of the NMD Ensure a NMD parent provides care and supervision for his/her child NMD shall not be used as staff substitute Work to help NMD develop & maintain permanent connections 73

Residential Activities (84479) Information regarding emancipation shall be provided to NMD, including: Requirements for trade, vocational or professional careers (internet) Informational brochures on employment-related programs Community-sponsored events promoting volunteerism, internships or employment Salary information for trade, vocational or professional careers Requirements for participation in Transitional Housing Program (THP)-Plus, THP Plus Foster Care and Supervised Independent Living Settings 74

Residential Activities (cont’d) NMD allowed to select and participate in activities of his/her choice. Activities shall be consistent with the agreed-upon expectations of living in the facility NMD may request assistance with attending college *links to below can be found on CCL website: Application for admission Contact with Foster Youth Success Initiative Liaison Financial Aid Participation in Extended Opportunity Programs and Services College orientation and course planning Enrollment, payment of fees The licensing standards have a link to applications for community colleges, cal state universities, and UC’s and links to the liason and financial aid applications. 75

Removal Procedures for NMDs (84468.4) 7 day prior written notice required for non-emergency discharge Emergency removal includes Removal by law enforcement officers when a NMD is arrested Removal becomes necessary when the health and safety of the NMD or others in the home is endangered by the continued presence of the NMD Removal for emergency medical or psychiatric care

Youth in Delinquency & Extended Foster Care 77

Hypothetical Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011. Their father has died and their mother is an alcoholic who is unable to care for them. Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week. Davion was recently arrested for robbery and is on probation. Through the local foster family agency, they were placed in Emily’s home when they first entered foster care in 2008. They share a room in Emily’s home. There are also 2 other minors in her home. Issues: Related caregiver vs. Non-related caregiver SCI Conditions of removal (i.e., 600 Placement order vs. 600 Non-placement order (i.e., straight release with supervision)) Age and EFC And 450 jurisdiction for Davion CalWORKs vs. AFDC-FC vs. SILP Possibility of Kin-Gap (for both boys) Difference between probate and juvenile court guardianship (for Davion) Disability benefits 78

Youth Involved in Delinquency System Youth involved in the delinquency system can participate in extended foster care under 3 circumstances: Probation youth (wards) over 18 who are under the jurisdiction of the delinquency court with an order for foster care placement on his/her 18th birthday – OR Probation youth (wards) over 17 years, 5 months who 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 79

Why Transition Jurisdiction? How is this different from delinquency jurisdiction? Youth are not subject to any terms or conditions of probation. WIC 451(b) The case is managed as if the youth is a dependent (if the youth is a minor) or a non-minor dependent (if the youth is an adult). WIC 451(b) Why create this new jurisdiction? Important for eligible youth to be able to take advantage of extended benefits without remaining on probation/under delinquency supervision. Encourages former delinquent youth who may otherwise opt out to participate in services.

***Form for Findings and Orders: JV-680 Assuming Transition Jurisdiction Court can consider assuming transition jurisdiction for a ward with a foster care placement order: At the status review hearing held closest to a ward attaining 18 years of age, which must occur at least 90 days before the ward’s 18th birthday; OR When the court is prepared to terminate jurisdiction for ward over 17 years, 5 months of age. NOTE: Court can also assume transition jurisdiction at re-entry for eligible former wards who exited and wish to re-enter Rule 5.812(e) , WIC 450, 451 607.2 & 727.2(i) ***Form for Findings and Orders: JV-680

Supervision of Transition Jurisdiction Counties must decide whether Probation or Child Welfare will be charged with supervising transition jurisdiction youth Counties must also decide which court will supervise. Each county must modify its protocol for Section 241.1 to include a provision for determining which agency and court shall supervise.

Hypo Review Davion was arrested for robbery and is on probation. He entered the delinquency system and is also still in foster care. What happens to his delinquency status once he completes his probation?

QUESTIONS? 85

Contact Information Angie Schwartz Policy Director The Alliance for Children’s Rights Work: (415) 568-9803 Cell: (415) 867-4445 a.schwartz@kids-alliance.org Anjuli Arora Dow Attorney, Policy and Training The Alliance for Children’s Rights Work: (415) 568-9395 Cell: (415) 488-5844 a.aroradow@kids-alliance.org 86