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

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

2. 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?

3. 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

4. Overview of New Laws 4

5. What challenges do transition age youth currently face?

6. AB 12 Will Address Many of These Issues by Providing….

7. 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

8. 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

9. Eligibility Rules to Participate in Extended Foster Care 9

10. 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?

11. 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 11

12. Phase-in Timeline 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

13. 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

14. Categories of Eligible/Ineligible Youth ELIGIBLE INELIGIBLE Pregnant and Parenting Married Involved in juvenile justice system Military 14

15. 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 15

16. 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

17. 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

18. 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

19. 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)

20. 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

21. 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

22. Mutual Agreement (SOC 162) Mutual Agreement is NOT a condition of payment! • 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 22

23. 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

24. 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

25. 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 • Rightto reenter care if under the age limits • General jurisdiction for reentry retained by court until youth turns 21 25

26. 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 26

27. 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.

28. 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?

29. Benefits Youth Participating in Extended Foster Care Receive

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

31. 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 31

32. 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 32

33. Placement Options for NMDs

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

35. 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)

36. 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

37. 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

38. 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.

39. 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

40. 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

41. THP-Plus Foster Care Modeled after existing THP-Plus programbecause 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

42. 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

43. SILP Overview • 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

44. 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) 44

45. 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

46. 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

47. 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

48. 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

49. 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)

50. 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