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Independent Living Program: Law and Practice

Independent Living Program: Law and Practice. Services for Teenaged Youth in Foster Care; Services for Youth Aging Out. Services to teenagers in foster care. Definition: “A comprehensive array of services available to adolescents in the custody of the department.”

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Independent Living Program: Law and Practice

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  1. Independent Living Program:Law and Practice Services for Teenaged Youth in Foster Care; Services for Youth Aging Out

  2. Services to teenagers in foster care • Definition: “A comprehensive array of services available to adolescents in the custody of the department.” • “Children in the custody of the department who are receiving independent living services remain subject to the requirements of case plans and judicial reviews until permanency is established.” • IL services provided regardless of case plan goal.

  3. Services to teenagers in foster care • IL services to be provided regardless of any disabilities a youth may have – equal opportunity. Very important. ADA requires “reasonable accommodations.” • Remember: all youth aged 13 and older must be provided notice of, and given the opportunity to attend, each judicial review hearing.

  4. “Independent Living”: What is this? • Assessments of and specialized services to teenagers, ages 13 – 18, in out-of-home placements; • Subsidized Independent Living: a specialized non-licensed placement for youth ages 16 – 18 in foster care; • Services and financial assistance to youth who have aged out of the foster care system.

  5. Services for teenagers in foster care • Sec. 409.1451(4), F.S.; Rule 65C-28.009, F.A.C. • Pre-Independent Living Services: 13 – 15 • Life Skills Services: 15 – 18 • Subsidized Independent Living: 16 – 18 • Rule 65C-28.010, F.A.C. • Minor parents in the custody of the Department.

  6. Case Planning • How the plans are created is as important as when and what needs to be done. • Rule 65C-28.009, F.A.C. • Principles of Case Planning for Teenagers: • Youth-Centered • Staffings to include the youth • Held in a time and place convenient to the youth • School • Work • Must agree with the IEP plan, if any • All plans (incl. APD) must be coordinated & in case plan.

  7. All IL Staffings • Services worker must attend • Mandatory invitees: • Service Worker’s supervisor • CLS attorney’ • The Youth • GAL, if any appointed • Youth’s attorney, if any • Adults and family significant to the youth, including family members with whom the youth may be involved after aging out. • Conducted at least annually

  8. IL Staffings, cont’d • Youth encouraged to invite any adults important to him or her. • Staffing youth-centered and conducted in a language the youth understands, or using an interpreter. • Held in time, place convenient to youth. • Information from assessments and staffings included in a written report submitted to court as part of the judicial review.

  9. IL Staffing, cont’d • Mandatory topics for each IL Staffing: • Youth’s educational and work goals • Examine youth’s progress • Identify any obstacles to goal achievement • Identify needed life skills and progress towards skills previously identified • SIL program, including program requirements and benefits • Road to Independence Program, including:

  10. Mandatory topics for each IL Staffing • Program requirements and benefits • Tuition fee exemption and • Bright Futures Program • Permanency arrangements including the youth’s wishes regarding adoption. • For youth aged 17, the youth’s plans for living arrangement after 18 and the life skills services they may need to be continued past age 18 and • Any other identified obstacles and needs the youth has in regard to Independent Living

  11. Pre-Independent Living Services: 13 – 15 • Assessment* w/in 30 days of 13th birthday (or w/in 60 days of coming into care) • Pre-independent living assessment tool; • File review; • Review other assessments & evaluations; • Incl. educational, psychological and psychiatric • Personal observations; • Interviews with any person familiar with the youth who can be helpful with the assessment process. • E.g., teachers, neighbors, family • * Defined at F.A.C. 65C-28.009(5)(c)1. Court filing.

  12. Pre-Independent Living Services: 13 – 15 Assessment continued • Assessment to be discussed with the youth • Assessment required to be used to determine the training and services needed for the youth to learn skills necessary for success and self-sufficiency. • Determined services to be included in case plan! • Assessment used to determine the youth’s strengths and needs.

  13. Pre-Independent Living Services: 13 – 15 Assessment continued • Case Planning: Services and Training • Services Worker to ensure that child’s identified needs are met. • Skills may be presented by an array of providers. • Instruction and interaction with caregivers • In-home services • Referrals to community providers • One-on-one coaching • Group learning sessions • Public school curriculum

  14. Life Skills Services: Ages 15 – 18 • Staffings: • Now at least every six months • To ensure identified training and services are being provided and to evaluate youth’s progress • Must document who is to help youth with each skill and timeframe for training. • Information about assessment, staffing and services to be in the case plan, developed with the child, and reviewed by court at each JR.

  15. Life Skills Services: Ages 16 – 17Subsidized Independent Living • §409.1451(4)c, F.S. and Rule 65C-28.009(7), F.A.C. • What: A hybrid of foster care and living independently. “An opportunity for teenagers in foster care to receive a subsidy and other supports from the department in order to live in a setting that is not required to be licensed.” Participating youth live on their own, but remain under the supervision of the department and the courts.

  16. Subsidized Independent Living • Statutory Requirements: • Youth must be adjudicated dependent, with youth in department custody a minimum of 6 months (cumulative over total time in custody); • Permanency Goal: adoption, independent living, or long-term licensed care; • Youth must be at least 16; • Youth must demonstrate independent living skills, as determined by the department – an independent living skills assessment. • Youths who meet criteria shall be formally evaluated for placement in a subsidized independent living arrangement.

  17. Subsidized Independent Living • Rule requirements that may be waived • Enrolled full-time in an educational program (high school, college, GED or Vocational/Technical program); • Employment or extra-curricular school activities; • Savings to pay for move-in and first month expenses (this money may also come from any other legal source); • Responsible behavior, excluding violent acts, running, delinquency or property crimes within prior 6 months;

  18. Subsidized Independent Living • Finances: • Youth receives a board rate up to a maximum of $ 1126 monthly (RTI amount). This is determined by youth’s monthly expenses and the cost of living. To be negotiated with youth. • Youth also receives the annual clothing allowance. • Youth may also receive additional financial incentives, not greater than $50 each, to attend IL classes, submit paperwork timely, etc.

  19. Subsidized Independent Living • Possible Living Arrangements • Live alone • Roommate (no cohabitation) in dorm • Rent a room from a family • This is important for youth ages 16 – 18 who have found placements with unlicensed relatives or other adults, to qualify for all possible post-18 IL programs. • Background checks • Spelled out in Rule 65C-28.009(7)(e)7.e., F.A.C.

  20. Subsidized Independent Living • Necessary documents • SIL agreement, updated annually, that sets out the youth’s and the department’s responsibilities, and a full explanation of the consequences of non-compliance; • Case plan, updated annually and filed with court; • JRSSR’s for each 6 month judicial review; • Parental Notification – within 10 days of the living arrangement, unless TPR. This is not parental consent, however.

  21. Subsidized Independent Living Caseworker responsibilities • First 3 months of living arrangement: • Caseworker must make contact twice weekly, with one contact being in the youth’s residence; • Caseworker must make once weekly contact with the youth’s IL Coordinator. • Thereafter: • Caseworker must makecontact at least once monthly, in the youth’s residence; • Caseworker must make once monthly contact with the youth’s IL Coordinator.

  22. Subsidized Independent Living • When to use: • As an incentive for an older teenager to stay in school, engage in positive behavior, etc. • When a youth wants to move into a relative or non-relative placement, to allow that youth to remain eligible for Independent Living programs upon turning 18. Discuss this – question yesterday.

  23. Life Skills Services: Age 17 • Special (new) assessment done within calendar month of 17th birthday • Special staffing at 17th birthday • Done within calendar month of 17th birthday • Identified necessary services and training shall be provided; updated case plan. • Expedited services and training provided to 18. • Done in preparation for the 17th birthday special Judicial Review Hearing.

  24. Special 17th Birthday Judicial Review § 39.701(6), F.S. • Must be held within 90 days of birthday • Court may now choose to conduct more frequent judicial review hearings • See statutory listing for all issues that must be addressed in the JRSSR and at the JR. • Updated case plan required that lists all IL services since the 13th birthday. • Court has special contempt powers at this hearing.

  25. Minor parents in Foster Care: Rule 65C-28.010, F.A.C. • (Dependent) Parent and baby are to be placed together unless such placement places the baby’s safety at substantial risk or there is no foster or group home available to house both. • The agency should not automatically file a petition for dependency of the minor’s baby, unless there are grounds for dependency independent of the parent’s own status as a dependent child.

  26. Minor parents in Foster Care: cont’d • The foster home that houses a dependent minor parent and the baby receives an enhanced board payment that is to include the baby’s needs. • There is a disincentive for such minor parent to participate in Subsidized Independent Living, since then the baby’s needs are not included in the minor parent’s SIL payment.

  27. Removing Disabilities of Non-age for Banking. § 743.044, F.S. • A foster youth will be treated as an adult, and will be able to enter into contracts for “depository financial services”, i.e., checking and savings accounts, if he or she: • is 16 years of age or older; • has been adjudicated dependent; • resides in out-of-home placement; • has completed a financial literacy course; and • receives a court-order removing the disabilities of non-age for banking purposes.

  28. Non-age for Banking, cont’d • Entry of court order should be done automatically at the first Judicial Review hearing after the youth turns 16, or sooner, if needed. • See Rule 8.978, Fla. R. Juv. Pro.

  29. Removal of Disabilities of Non-age for Lease Purposes. § 743.045, F.S. • Allows a foster youth to be able to sign a lease on the day of the 18th birthday. This permits the youth to sign necessary documents, such as the application, credit check authorization, lease, etc.

  30. Non-age re Leases, cont’d • Court order is required to remove non-age disabilities. See Fla.R.Juv.P. 8.977. • Requirements for entry of order: • 17 years old; • Adjudicated dependent; • In the legal custody of the Department through foster care or subsidized independent living. • Order should be automatically entered at 17- year old judicial review.

  31. Removing Disabilities of Non-age for Utility Services. § 743.046, F.S. • A foster youth will be treated as an adult, and will be able to enter into contracts for for the purpose of securing utility services at a residential property upon the youth's 18th birthday, provided the youth: • is 17 years of age or older; • has been adjudicated dependent; • Is in the legal custody of the Department through foster care or subsidized independent living; and • receives a court-order removing the disabilities of non-age for banking purposes.

  32. Non-age re Utility Services, cont’d • Again, entry of court order should be automatically done at the first judicial review hearing after the youth turns 17. • Supreme Court recently amended Rule 8.977 to include the removal of disabilities of non-age as to both residential leaseholds and utility services, so only one order is necessary.

  33. Public Benefits Issues upon Transition • SSA Notices - need to know who receives them, and ensure you receive a copy. • SSI Youth is disabled and receiving own benefits: • SSA requires a new disability determination due to more stringent standards for adult disability. • Paperwork needs to be submitted to SSA prior to 18th birthday.

  34. Public Benefits Issues upon Transition • SSA Benefits – child receives due to a parent’s or guardian’s death, disability or retirement. • Youth not also disabled: benefits can be extended up to 19th birthday or HS graduation, if youth in HS full-time. • Youth is also disabled: benefits can be extended for lifetime, incl. Medicare, if SSA determines disability prior to age 23. • Must provide SSA necessary paperwork to avoid termination of benefits at age 18!!!

  35. Public Benefits Issues upon TransitionMedicaid • All youth exiting foster care receive Medicaid up to 21, regardless of income or assets. • Caseworker must complete ACCESS paperwork – once only. • Medicaid Waiver Medicaid – a separate category. Only received through SSI or two other sources. Must contact ACCESS if APD services are needed.

  36. Whew! • So – that’s the basics of case planning for teenagers in foster care! • Stay tuned – Part II will give the basics for the post-18 IL programs.

  37. Part II: IL Services for youth 18+ §409.1451(5), F.S. • Categories of assistance: General entitlements • Tuition and Fee Waiver • Remaining in the Foster Home • Medicaid Coverage • IL Programs. These are not entitlements • Road to Independence Program (“RTI”) • Transitional Support Services • Aftercare Support Services

  38. Tuition and Fee Waiver: § 1009.25, F.S. • What: A waiver of tuition and fees at any Florida public institution of higher learning. • No limit on length of time this is valid for foster or former foster youth. • But, for the adopted student, and the student in relative custody, the exemption remains valid for only 4 years after the date of graduation from high school. (This should include the date of earning a GED.) • Youth may attend school full or part-time.

  39. Tuition and Fee Waiver Who qualifies for the waiver: • All foster youth and former foster youth (i.e., those who were in foster care on their 18th birthday) are eligible to attend a Florida public secondary institution without payment of tuition or fees. • Former foster youth who were adopted from DCF after May 5, 1997; Youth who were in foster care for at least 6 months, and were placed in a guardianship by the court after age 16. • Any student in relative custody per § 39.5085 at age 18 • Paperwork; Outreach.

  40. Remaining in the Foster Home:§ 409.1451(5)(b)6.d, F.S. • Youth eligible for any post-18 IL Program Services may choose to remain in his or her family foster home or group home. • The youth may choose to move to a different licensed family foster home or group home, with the help of the department. • The youth does not count as a foster child for licensing purposes in the home. • The department should help the youth negotiate room or room and board payments, particularly if the youth wishes to remain in a licensed group home with rates higher than the board rate.

  41. Medicaid Coverage: § § 409.903(4) and 409.1451(9), F.S • Coverage up to the 21st birthday. • Qualification: • Any young adult who is eligible to receive services under § 409.1451(5), F.S. (i.e., any of the 3 Independent Living programs), qualifies for Medicaid services without any income or resource test.

  42. Road to Independence Program:Rule 65C-31.004, F.A.C. • What: • This is the “Cadillac” of the IL programs. • Available for all full-time students • Completing high school • Studying for a GED • Post-secondary education • Vocational training or • college

  43. Road to Independence Program • Who is eligible: • Must be a Florida resident and • Youth to have been in foster care at least six months prior to turning 18; • Is currently in foster care or was in foster care on 18th birthday. • (Rule 65C-31.004(1)(a)3 requires only that the youth “be or have been in the legal and/or physical custody of DCF at the time of.. 18th birthday.” • DJJ or DOC placements; OR

  44. Road to Independence Program:Who is eligible. Cont’d • were adopted from Foster Care or were placed with a court-approved guardian; • and had reached 16 years of age; • and spent a minimum of 6 months in Foster Care within the 12 months immediately preceding such adoption or placement; • Discussion of “court-approved guardian”.

  45. Road to Independence Program:Who is eligible. Cont’d • Dates of eligibility: • Initial award • Must be made prior to the 21st birthday • Renewals • Possible up to the 23rd birthday • Termination of eligibility • Upon receiving two diplomas, certificates or credentials; or • Bachelor’s degree.

  46. Road to Independence Program • Award amount • Maximum is $ 1126 monthly based on new federal minimum hourly wage of $ 6.55 (eff. 7/24/08). • Based on the youth’s living and educational needs; • Youth required to apply for all other available scholarships and grants, such as Bright Futures, Pell. • Youth need help completing FAFSA! • They are “wards of the court” for financial aid purposes.

  47. Road to Independence Program • Award Amount • Based on a Needs Assessment – see Chapter 65C-31, F.A.C. • Needs assessments done on-line. • HS Assessment & incarcerated youth. • Timing of Award: annual renewal • Payments for youth aging out: • Begin the first day of the month of the 18th birthday; • No pro-ration of these payments.

  48. Road to Independence Program • Reinstatement • No automatic one year waiting requirement. • Guidance will come soon.

  49. Transitional Support Services: Rule 65C-31.005, F.A.C. • What: These services may include financial, housing, counseling, employment, education, mental health, disability, and other services. • Limitation on Benefits Period: The maximum period of services for any application is three months. At the end of the three-month period, if the services remain vital for achieving self-sufficiency, the youth may reapply for the services. If at any time the services are determined to be no longer critical to the youth’s own efforts to achieve self-sufficiency and develop a personal support system, they shall be terminated or a reapplication shall be denied.

  50. Transitional Support Services • Amount of financial benefit: • There is no cap on the amount a youth can receive in the fiscal year. The former cap of $5000 no longer exists – even if ETV funds are used for the first $5000 of transitional support services. • However, many CBCs still limit the amount to a monthly benefit of $416: $5000/12 months. • Amount is to be calculated based on the need for help demonstrated by the youth.

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