Fostering Connections After 18: Benefits Essentials Version 2.1 December 2012

1. Fostering Connections After 18: Benefits EssentialsVersion 2.1 December 2012

2. Goals for the Training In this training we will cover: • Eligibility requirements for AB12 • The primary benefits associated with AB12

3. Values Voice of Young Adults Assistance and Partnering Love and Belonging Unique Needs Eligibility is Maintained Development is Supported

4. Eligibility Basics • Open court case with out-of-home placement order at age 18 • Satisfy at least 1 of 5 participation requirements • Meet with Social Worker/Probation officer and update TILP • Court or administrative review of TILCP every 6 months • Live in a licensed/approved setting

5. Kin-GAP, AAP and Guardianship • Extended benefits also available to: • Youth who entered Kin-GAP or AAP at age 16 or older • Youth with disabilities who entered Kin-GAP or AAP at any age • Youth who entered NRLG from juvenile court at any age

6. Participation in Extended Foster Care Effective July 2012: • Senate Bill (SB) 1013 (Chapter 35, 2012), commonly known as the “budget trailer bill,” included changes to law that affect age eligibility for EFC and Kin-GAP, AAP and NRLG benefits. • The bill adds WIC section 10103.5 which allows Non-minor Dependent youth who turn 19 during 2012 and are receiving foster care payment or CalWORKs benefits while in foster care to continue receiving those benefits up to age 21 provided they continue meeting the participation conditions

7. Youth who turned 18 in 2011 are eligible IF There was a juvenile court placement order on the youth’s 18th birthday AND The youth was under the juvenile court jurisdiction as of 1/1/12 Youth Who Turned 18 in 2011

8. Re-entry for those who exited in 2012 • Non-minor dependent youth who exited foster care in 2012 solely due to attaining age 19, may now re-enter foster care, if they agree to meet one of the participation conditions. Otherwise exited NMDs must wait until Jan. 1 2013. • These youth wishing to re-enter will need to complete the SOC 163 (Voluntary Re-entry Agreement) followed in 15 court days by petition filed under WIC section 388(e).

9. Participation Conditions Be enrolled in high school Be enrolled in college/vocational school Work at least 80 hours/month Participate in a program/activity that removes barriers to employment Be unable to do any one of the above

10. High School Completion Rule Effective Jan 1. 2012, no more high school completion rule for youth in extended foster care High school completion rule up to age 19 still exists for certain groups that do not have access to extended benefits (e.g., Kin-GAP youth who entered prior to age 16 and probate court NRLG youth)

11. Licensed/Approved Placement All traditional foster care placement options still available Limitations on group home placement 2 NEW Placement Options: THP-Plus Foster Care (licensed) Supervised Independent Living (SILP) (approved)

12. Pregnant & Parenting Youth Pregnant and parenting youth are eligible Infant Supplement Benefit Payment In a SILP In other settings WFFH setting includes $200 Shared Responsibilty Plan benefit to caregiver.

13. Youth who want to opt-out Hearing (WIC 391) must be held after age 18 prior to terminating jurisdiction (and assistance) Eligibility for assistance does not end until the youth turns 21, but aid can be suspended at youth’s request or if the court finds the youth is not meeting participation requirements

14. Re-entry Youth can re-enter unlimited times prior to turning 21 yrs old. Youth must be informed of right to reentry at termination hearing Re-entry process is intended to be as accessible and easy as possible Beginning date of aid is date NMD signs re-entry agreement AND is placed in an eligible placement

15. Extended Foster Care Benefits The same benefit rates apply per facility type. New rates established for THP-Plus FC SILP is limited to basic AFDC-FC rate Wraparound services may be available

16. Eligibility for Foster Care Benefits No new eligibilty determination reuiqred for youth who remain in cares Must continue to meet financial eligibility

17. AFDC-FC: What Do They Get? Monthly cash benefit paid to caregiver on a per-child basis Full scope Medi-Cal, no share of cost May be other funded services/allowances

18. ReEntry and Youth’s Income For nonMinor dependent youth reentering foster care: A new determination for foster care benefits is completed Eligibility is based solely on the youth’s income and property Most reentering youth will be federally eligible.

19. Specialized Care Increment A supplement to the basic FC rate based on special needs for care and supervision County sets criteria and methodology on eligibility & amount, based on state/federal law. Most counties provide specialized care increment Not available to youth in a SILP, group home or FFA If placed out of county, paid at the rate of county of residence

20. Dual Agency Rate Non-minor dependent youth who receive AFDC-FC benefits and who are also regional center clients are eligible for Dual Agency rates and possible supplemental

21. Eligibility for Extended CalWORKs Must meet requirements: An open juvenile court case as a NMD Placed with an approved relative caregiver.

22. CalWORKs: Who Gets It? Relatives caring for a non-minor dependent youth who is in foster care who does not qualify for federal Title IV-E foster care benefits (aid code 42)

23. CalWORKs: What Do they Get? Cash benefit Medi-Cal

24. Documenting Eligibility Complete SOC 161 every 6 months Document efforts to assist youth to maintain eligibility in case plan Include services in TILP to ensure participation in primary educational/employment activity, including a back-up plan Engage youth in collaborative case planning

25. Mutual Agreement Must be signed within 6 months of youth turning 18 (not a condition of payment) Documents youth’s willingness participate Documents agency’s responsibility to the youth

26. Documenting Eligibility A copy of the Certification Form (SOC 161) kept in the EW’s file Participation documentation kept in the SW/PO’s file

27. 6 Month Certification of Extended Foster Care Participation Form (SOC 161)

28. Resolving Disputes Best practice includes youth participation in Team Decision Making meetings, Transitional Conferences and mediation State Fair hearing process regarding Amount of the benefit Termination of benefits Denial of federal eligibility (i.e. for youth placed with relatives) The juvenile court will resolve disputes about the youth’s case plan and sufficient participation

29. Youth started receiving Kin-GAP payments at 16 or older and who meet participation conditions are eligible Youth with disabilities are eligible until age 21 no matter what age they entered guardianship Benefits go to age 21 Eligibility for Extended Kin-GAP

30. Kin-GAP Changes Guardianship Study Requirements Youth has to be residing with the relative for only 6 months prior to entering guardianship, includes voluntary placement. Kin-GAP benefits are determined and adjusted based on changed needs pursuant to a negotiated agreement Kin-GAP can be paid out of state

31. Rate is negotiated between the relative guardian and the county or Indian tribe May include specialized care increment The infant supplement or “whole family foster home” rates may apply if the youth is parenting If the youth is a regional center consumer, the dual agency rates apply Kin-GAP – What do they get?

32. Other Benefits Related to Kin-GAP County Clothing Allowance Medi-Cal ILP services Education and training vouchers (only for youth whose Kin-GAP payments started after age 16) Reimbursement of non-recurring costs associated with guardianship – up to $2,000

33. Extended Kin-GAP Requirements Kin GAP Mutual Agreement, KG 3,is a condition of payment County must inform guardian of extension of Kin-GAP after age 18 and update the SOC 369A Guardian must report changes in the youth’s participation in one of the 5 conditions or youth meets disability criteria. Kin-GAP payments can only be made to the guardian Youth can live elsewhere as long as the guardian remains financially responsible

34. Youth with Non-Related Legal Guardians Eligible for extended benefits up to age 21 if the guardianship was established in juvenile court and youth was eligible for NRLG benefits on 18th birthday Does not matter how old the youth was when the guardianship was established County of residence is county of payment if guardian moves.

35. Youth with NRLG Requirements Mutual Agreement, SOC 162, must be signed in the month the youth turns age 18 and is a condition of payment. The TILP and SOC 161 must be updated each 6 months. Payment made only to former guardian Youth may live elsewhere as long as the former guardian remains financially responsible Youth may not “reenter” EFC as court dependent. NRLG benefits may be reapplied for if the youth returns to the care of the guardian.

36. Eligibility for Extended AAP Benefits Youth whose initial AAP agreements were signed at 16 or older who meet participation conditions are eligible Continues if the family moves to another state Can continue if child is adopted after death of adoptive parents Youth with disabilities are eligible until age 21 no matter what age they were adopted

37. AAP – What Do They Get? Rate is negotiated in a written adoption assistance agreement Can include specialized care increment Can include residential care or Wrap Around services

38. Extended AAP Requirements The county must notify the Adoptive parent to request extension after age 18 by updating the AD4320 and provide verification that the youth is participating in one of the 5 conditions or meets the disabilty criteria AAP payments only go to adoptive parent Youth may live elsewhere as long as the adoptive parent remains financially responsible AAP may be paid when the juvenile court orders a NMD adult adoption under WIC section 366.31(f)

39. Eligibility for SSI/SSP Benefits Little or no income (parental income is not counted for youth in out-of-home care) Few or no resources Citizen or qualified non-citizen Disabled (must be reviewed 1 month prior to 18th birthday)

40. SSI/SSP – What Do They Get? Monthly cash benefit Medi-Cal Offset rules for concurrent receipt of SSI and other assistance (AFDC-FC, AAP, Kin-GAP)

41. County Management of SSI Benefits As rep payee, maintain accounts Help youth in become payee or find a new payee at age 18 Inform youth of eligibility and how to maintain eligibility as an adult Maintain SSI eligibility for youth in extended care who are eligible for a higher foster care rate that offsets the SSI

42. SSI and former foster youth monthly cash assistance based on living arrangements, income and assets. May work part-time and still get SSI May get scholarships and SSI

43. SSI and Non-Minor Dependent Youth Goal is to have SSI disability determination established at around the time the youth turns 18 Ensuring SSI is in place provides youth maximum flexibility and choice among benefits and supports “12 month switch” to maintain SSI eligibility if youth receives federal foster care in excess of SSI

44. Non-Minor Dependent Youth and SSI May qualify for subsidized housing programs at exit Explore SSI programs designed to help individuals work or pursue their education Ticket to Work Plan to Achieve Self Sufficiency Student Earned Income Exclusion

45. EFC Requirements for Youth Receiving SSI Youth in EFC who receive SSI must meet all the same requirements as other youth in EFC: Sign a mutual agreement within 6 months (not a condition of payment) Court and/or administrative review hearings of the case plan every 6 months Visit with the social worker or probation officer monthly Participate in a TILP and met one of the 5 participation requirements Placed in an licensed/approved facility

46. Additional Benefits FCIA Chafee Independent Living Plans and Services Resource limit: $10,000 Earned income Exclusion Transitional Medi-Cal Education and Training Vouchers

47. Weighing the Benefit Level of need Youth willingness Need for flexibility Permanency plan Special needs Family situation Services available in addition to benefit Portability

48. My Action Plan