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 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 Overview of New Laws Eligibility Rules for Participation in Extended Foster Care Benefits Youth Participating in Extended Foster Care Receive Placements for NMDs Placement Decisions and Supervision of Placements Licensing and Approval Standards for NMDs Special Populations of NMDs Resolving Disputes

Overview of New Laws 4

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.

AB 12 Will Address Many of These Issues by Providing…. Housing through an approved placement In some cases may receive benefit directly Monthly visits with social worker and assistance with transition to independence Health insurance until age 21 Independent Living Services AB12 does address a number of the barriers that young people in foster care historically have faced when considering higher education. By addressing these barriers AB12 creates a tremendous opportunity.

What is the California Fostering Connections to Success Act ? Allows youth to remain in foster care and continue to receive support until age 20 (and possibly 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 7

Benefits of New Laws Promotes permanency for foster youth Enables youth to maintain a safety net of support while experiencing independence in a secure supervised living environment Helps ensure that youth will be better prepared for successful transition into adulthood 8

Eligibility Rules to Participate in Extended Foster Care 9

Will Visnu and Davion be eligible to participate in 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 Aunty Em when they first entered foster care in 2008. They share a room in Aunty Em’s home. There are also 2 other minors in her home Will Visnu and Davion be eligible to participate in extended foster care? 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 10

Eligibility Requirements for EFC Extended benefits available to foster youth 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). 11 11 11

Phase-in Timeline 2012 Youth can remain in foster care and receive benefits up to 19 years old. 2013 Youth can remain in foster care and receive benefits up to 20 years old. 2014 The final extension to 21 years old is subject to benefit appropriation by the state Legislature. NOTE: The phase-in does not impact youth who turn 18 on or after January 1, 2012. These youth are eligible to participate in extended foster care until age 20 (or 21) as long as all program eligibility criteria are met. 12

Youth Who Turned 18 During 2011 Youth who turned 18 during 2011 are eligible IF There was an order for foster care placement on the youth’s 18th birthday AND Youth was still under order for foster care placement or re-entered care as of January 1, 2012 Eligible until the youth turns 19 in 2012 – then there is a “gap” in eligibility for continued foster care benefits Youth who do not meet eligibility can still remain open as “county pay”

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 14 14

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 15 15 15

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! 22

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 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 23

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 25

Re-Entry into Foster Care Youth can re-enter foster care unlimited times prior to turning 20 years old (or 21 if legislature extends) Youth must be informed of right to reentry at termination hearing Re-entry process is intended to be as accessible and easy as possible 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 San Francisco Local Process 20/21 because – at this point – the legislature has not extended benefits to age 21. In terms of eligibility – all youth have the right to reentry foster care at any point prior to turning 20 (or 21 if further extended). In order to reenter, the youth just has to sign a reentry agreement (county also has to sign) and the beginning date of aid is the date that reentry agreement is signed. The intention is to allow youth in crisis to immediately reenter care and for those who are willing to provide housing to youth reentering (even if on a temporary basis) to know that aid begins on the date that agreement is signed. 26 26 26

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 27

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 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. 29

What Do NMDs Receive: Foster Care Benefits 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). 30 30 30

Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Same rates for placements that existed prior to age 18 - Foster Homes, Relatives, NRLG, and NREFM: Basic rate currently is $776 NMDs can receive dual agency rate, specialized care increments and/or wraparound services Foster Family Homes: Basic rate is $446-$659 Specialized Care Increments $18-$1413 Foster Family Agencies: Non-Treatment: $373-$522/Treatment: $1430-$1679 Treatment: $1430-$1679 Group Home Rate: $2118-$8974 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! 31 31

Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Two new placements for NMDs 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 $776 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! 32 32

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). 36 36 36

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 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.

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 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

For more information, visit www.thpplus.org THP-Plus Foster Care Modeled after existing THP-Plus program because Measurable youth outcomes 9,188 youth served in last five years Experienced network of 60 providers in 51 counties THP-Plus will continue to serve three categories: Youth between ages of 21 and 24; Youth under age 21 who do not want to participate; Youth who do not meet one of five participation conditions The ACLs for THP-Plus are delayed For more information, visit www.thpplus.org

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/mo) Neither licensed by Community Care Licensing Both will have flat rate HOW THEY ARE DIFFERENT THP-Plus FC is a IV-E eligible placement Court supervision Child welfare or probation oversight Providers pay county for approval process More comprehensive background clearance Will use different data systems Different program durations Different ages THP-Plus: 18 to 24 THP-Plus FC 18 to 20

SILP Overview Apartment living Supervised Independent Living Placement (SILP) 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 43

SILP Rate Limited to basic rate (currently $776.00/ month) – no specialized care and possibly CalFRESH NMD may receive the foster care benefit directly Clothing allowance available (if offered by county) Parenting NMDs receive the Infant Supplement (currently $411.00/month) Approval standards for approving home of relative caregiver is strict while SILPs are more flexible. In the home of relative the youth can qualify for AFDC and if not for CALworks. In SILP, youth automatically gets AFDC-FC which is higher than CalWorks. Youth with special needs though might be better off remaining in the home of caregiver and not transferring the placement to SILP since there is not any increased supplements for care of these youth. 44 44 44

Approving a SILP Two step process to approve a SILP Assess NMD’s “readiness” to live in a SILP – taking into account the particular placement at issue Health and safety inspection of the physical space Note: this is not required for youth living in dorms or other college housing

SILP: Readiness Assessment Prior to approving a SILP, county must assess the NMD’s readiness by determining their ability to Handle daily household tasks Perform basic financial tasks, and Live independently

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

Approval of SILP Site SILP cannot include living with biological parent Sites are subject to health and safety inspection Basic health and safety only NMDs allowed to live in an unapproved SILP temporarily County must inspect new SILP within 10 calendar days 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 Must be re-inspected annually

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 55

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 56

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 57 57 57

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 Subsequent Re-Entry ACL will be released soon

Licensing and Approval Standards for NMDs

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 61

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 62 62 62

CCL Regulations & Plan of Operation The Community Care Licensing Division (CCL) is the agency responsible for setting standards to be implemented based on AB 12 In consultation with stake holders, CCL developed a set of interim standards to be applied to all of their licensed facilities Facilities include: small family homes, group homes, transitional housing programs, FFAs, foster homes The facilities should update their Plan of Operation to indicate whether the licensee intends to accept NMDs and a description of programs/services provided to the NMD in preparing for emancipation. 63

Overview of New Licensing Regulations All licensed providers who house NMDs will be required to follow new regulations, including: 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 64

NMDs Sharing Room with a Minor 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 in some instances: 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 minor dependents

Notification of Whereabouts If NMD wants to go away over night: The licensed FFA/FFH and Group Home staff shall report to NMDs case manager any absence 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.

Intake Procedures For NMDs 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 68

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 69

A NMD’s Personal Rights 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 Select, obtain or decline medical, dental, vision or mental health care 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 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 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 71

NMD’s Health Related Services 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 72

Placement’s Responsibility for Care and Supervision of NMD 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 73

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 74

Residential Activities 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 75

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. 76

Removal Procedures for NMDs 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

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.

Special Populations of NMDs 79

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 80

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 81

Group #1: Youth Involved in Delinquency System If a ward has NOT met his/her rehabilitative goals at age 18 and the Delinquency Court maintains jurisdiction, the youth can receive extended foster care benefits if the youth meets the definition of a NMD: Order for foster care placement on 18th birthday Not yet 19 years old in 2012 (20 years old in 2013 and possibly 21 years old in 2014) AND; Participating in or planning to participate in one of the five participation requirements. NOTE: NMDs under delinquency jurisdiction continue to be subject to the terms of their probation.

Group #2: Modification to Transition Jurisdiction Delinquency court now has the option to modify to a new type of jurisdiction: WIC 450 transition jurisdiction IF Ward in foster care placement HAS met his/her rehabilitative goals, AND Is older than 17 years, 5 months AND The delinquency court is ready to terminate jurisdiction

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 The 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 2. When the court is prepared to terminate jurisdiction for ward over 17 years, 5 months of age. NOTE: The court can also assume transition jurisdiction at re-entry for eligible former wards who exited foster care 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.

Group #3: Modification to Dependency Jurisdiction The Delinquency Court must consider modification to dependency jurisdiction for a minor ward who: Has met his/her rehabilitative goals Is NOT eligible for transition jurisdiction (e.g., the youth is 17 yrs, 5 months or younger), AND Has an order for foster care placement through the delinquency court OR was under dependency jurisdiction with an order for foster care placement when adjudged a ward AND Appears to come within or remains within the description of dependent child, AND Return to the home would be detrimental. WIC 607.2(b) & 727.2 (i)

Group #3: Supervision Upon Resuming Dependency Jurisdiction As is the case with transition jurisdiction, counties decide which agency and court will supervise youth when jurisdiction is modified from delinquency to dependency pursuant to the procedures described in the previous slide. This must be addressed in the WIC 241.1 protocol.

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?

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 91

Benefits for NMDs with Disabilities 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.

Why Are We Talking About SSI? SSI benefits are an important safety net for those youth with serious disabilities Important resource for youth participating in EFC to aid in their transition planning Ongoing resource for youth once they leave foster care SSI is one of the only benefits available to youth with disabilities regardless of eligibility for AFDC-FC benefits Dual Agency Rate - linked to eligibility for AFDC-FC Specialized Care Rate - linked to eligibility for AFDC-FC Supplemental Security Income (SSI) - regardless of dependency status or eligibility for AFDC-FC benefits

SSI: Mandates for Youth Preparing to Transition AB 1331 requires counties to: Screen every youth in foster care for SSI eligibility between ages 16.5 and 17.5 Assist youth determined likely eligible with application When necessary to make an application, forego federal foster care benefits for one month Best Practice Guidelines instruct counties on screening and applications. Available at: http://www.dss.cahwnet.gov/getinfo/acl07/pdf/07-10.pdf * Goal: have SSI in place at age 18* Angie – 2 minutes For Presentation: Summarize new mandate – because the goal is go have SSI in place BEFORE emancipation, should ask judge to continue dependency until you get an answer from SSA on eligibility. Also important to consider which youth you work with might be eligible and ask the county to make sure an application is made for the youth. In Alameda, county contracts to a private organization to do the screening and the applications – but they have a lot of youth to screen, and it is important to let the child’s social worker know about youth you think need to have an application made. And, follow up and make sure that an application is submitted or if they are not going to submit an application. We are trying to assess how well the screening/application process is working – want to know about the youth that are getting applications made on their behalf if you think they’re likely eligible.

Timing the SSI Application for NMDs 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 95 95 95

SSI: New Requirements for NMDs If youth approved for SSI who actually receives a monthly SSI benefit elects to remain in EFC, county must assist youth in receiving direct payment Maintain representative payee account 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. 96 96 96

What Is Different About SSI After Age 18 (from AFDC-FC)? A NMD can participate in extended foster care and receive SSI Offsetting rules apply – so NMD might receive either SSI, AFDC-FC or a combination of both benefits For NMDs who receive SSI while participating in EFC, the requirements for remaining in EFC are the same (the source of funding is the only difference) Must sign a mutual Agreement within 6 months of turning 18 (not a condition of payment) Must participate in six-month court review/administrative review Monthly visit with the social worker/probation officer Participate in TILP Meet one of the five participation requirements 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

How Can SSI Help a NMD Prepare to Transition Out of Foster Care? SSI links to Medi-Cal (while in care and after the youth exits care) Often provides more support while a youth is in care and can help avoid homelessness once a youth exit 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

Best Practices: How Can Providers Help NMDs Who Are Eligible for SSI Assist NMD in applying for permanent affordable housing Gain understanding of SSI programs designed to help individuals work or pursue their education Ticket to Work Plan to Achieve Self Sufficiency Student Earned Income Exclusion Help youth get in with the Continuing Disability Review – appeal adverse decisions! (contact The Alliance for assistance) Student Earned Income Exclusion - Allows child who is regularly attending school to exclude earnings from calculation of SSI benefit. In 2010, could exclude $1,640 a month up to a yearly maximum of $6,600. "Regularly attending school" means that the person takes one or more courses of study and attends classes: in a college or university, for at least eight hours a week; or in grades 7–12, for at least 12 hours a week; or in a training course to prepare for employment, for at least 12 hours a week (15 hours a week if the course involves shop practice); or in a home school situation, for at least 12 hours per week and in accordance with the home school law of the State or jurisdiction in which the student resides; or for less time than indicated above for reasons beyond the student's control, such as illness. PASS - A written plan of action that sets forth: Work goal; Steps the individual will take to achieve goal (education, training, transportation, child care, assistive technology); Money that will be used to meet goal; Timetable. If SSA approves the PASS, then they will not count any funds spent in furtherance of the PASS on eligibility for SSI Ticket to Work: Provides recipients of SSI increased choices for receiving employment services. SSA issues a “ticket” to recipient which he/she can then assign to an Employment Network. The Employment Network provides employment services, vocational rehabilitation, and other support services 99

Hypo Review Visnu has an IEP at school and is in a special day class. What can Aunty Em do in regards to SSI now that he is 18 years old?

Resolving Disputes

Types of Potential Disputes Eligibility issues Amount of benefits/denial of benefits Whether NMD meets a participation condition NMD disagrees with placement/SILP approval

Resolving Disputes: Eligibility & Amount of Benefits Benefits/eligibility disputes Amount of the benefit (ie: denial of specialized care increment, retroactive payments, etc) Termination of benefits Denial of federal eligibility These disputes are resolved through the administrative fair hearing process. County sends a Notice of Action regarding approvals, denials, or changes in eligibility Process to request a fair hearing is on the Notice of Action This is the same way that disputes re: benefits and eligibility are currently resolved. Important to note that there is a different grievance procedure for resolving placement disputes – this only applies to benefits/eligibility determinations. 103

Resolving Disputes: Whether NMD Meets a Participation Condition Attempt to resolve by talking to NMD or through team meeting with youth, caregiver and other interested parties If there is a dispute over participation –county can ask the court to terminate jurisdiction because the NMD is not participating: Social worker must document reasonable efforts to assist NMD in meeting/maintaining eligibility Court continues dependency jurisdiction over NMD unless the court finds: the NMD does not wish to remain in extended foster care – OR – the NMD is not participating in a reasonable and appropriate transitional independent living case plan. This is new process for what happens when the SW/NMD do not agree as to whether the NMD is satisfying a participation condition. WIC section 391 requires the court to continue dependency jurisdiction unless the court finds that the NMD is not participating. The court could make that finding based on the SW petitioning the court for a 391 hearing to terminate benefits. However, if the county files a 391 petition to terminate jurisdiction based on the county’s belief that the NMD is not participating – the county has an affirmative duty to show reasonable efforts made to provide the NMD with assistance to meet eligibility.

Resolving Disputes: Whether NMD Satisfies a Participation Condition (cont’d) Court has 3 options to resolve disputes about participation: Find the NMD is meeting a participation condition (benefits/eligibility continues) Find the NMD is not meeting a participation condition and terminate jurisdiction (which terminates benefits) Find the NMD is not meeting a participation condition but retain jurisdiction Eligibility worker can issue a Notice of Action to terminate benefits based on the court’s findings The NMD has right to a fair hearing to challenge termination of benefits If the court terminates jurisdiction – the NMD still has right to reenter at any time before 20 At the 391 hearing – the court could terminate dependency IF the court finds that the NMD is not participating in a reasonable TILCP AND also finds that the SW made reasonable efforts to assist the NMD in meeting eligibility requirements. The court is not required to terminate dependency even if it makes both these findings – it is just that the court CANNOT terminate dependency absent these two findings. If the court terminates jurisdiction, then benefits terminate as of the day the court ceases dependency jurisdiction. If, instead, the court finds that the NMD is not participating in a reasonable TILCP but for whatever reason continues jurisdiction (maybe because the court also finds that the SW did not make reasonable efforts) – then benefits would continue until the EW issues a NOA to terminate benefits. The NOA provides the NMD with all due process rights – including the right to a fair hearing to challenge the termination of assistance.

Resolving Disputes: NMD Disagrees With Placement/SILP Approval Attempt to resolve disputes informally through discussions/team meetings If NMD is assessed as not ready Specific areas where NMD has needs should be addressed in TILP TILP should include a clear plan on what steps the NMD needs to take to be ready for a SILP Counties should develop grievance process for NMDs Disputes can be brought before juvenile court

Resolving Disputes: Administrative Hearing vs. Juvenile Court Eligibility Issues Federal foster care eligibility Participation Conditions Amount of Benefits/ Termination of Benefits Denial of SCI, Dual Agency Rate, Termination of Benefits (if the juvenile court retains jurisdiction) NO – Juvenile Court does not decide disputes regarding amount of/termination of benefits NMD failing to meet participation conditions 2nd: IF the court finds the NMD is not participating but retains jurisdiction – county can terminate benefits and NMD has right to administrative hearing to challenge termination. 1st: Whether NMD meets participation condition first resolved by Juvenile Court. Disagreements about placement (SILP approval) NO – administrative judge does not decide placement issues YES – juvenile court ultimate arbiter of disputes over approval/denial of placements

QUESTIONS? 108

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 109