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California’s Approach for Implementing the Federal Fostering Connections to Success Ac by Lindsay Elliott from 5.8 Ending Homelessness for Youth Aging Out of Foster Care at the 2014 National Conference on Ending Family and Youth Homelessness.
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California’s Approach for
Implementing the Federal Fostering
Connections to Success Act
&
Ending Homelessness for Youth
Aging Out of Foster Care
National Alliance to End Homelessness
February 19, 2014
California’s Foster Care System
There are approximately 63,000 youth in foster care in
California
Annually, around 5,000 youth “age out” of California’s
foster care system
Designed to align with the Federal Fostering
Connections to Success Act (2008)
When AB 12 was enacted, California was facing a $21
billion deficit
Key Factors in Passing AB 12
Built off of the momentum of federal Fostering Connections to Success Act
Fostering Connections 2008 changed the landscape of foster
care.
Foster care could now be provided to young adults up to the
age of 21 with title IV-E funding
Legislative Champions – Asm. Bass and Beall
Strong and diverse group of co-sponsors
Relied on research demonstrating the impact of extended foster care
Active foster youth participation in policy development
Broad bipartisan support for the legislation
Eligibility Overview • Extended benefits available to:
• Non-Minor Dependents (NMD’s) under court supervision– as defined in the next slide, including youth who are on probation and under an order for foster care placement at age 18
• Youth who entered Kin-GAP (guardianship w/relatives) at age 16 or older.
• Youth who entered the Adoption Assistance Program (AAP), as long as the adoption agreement was signed when the youth was age 16 or older.
• Former dependents/wards in non-related legal guardianships created in juvenile court (not probate court), regardless of the age of the youth when the guardianship was created.
Summary of Extended Foster Care
Eligibility Requirements
According to definition of NMD, youth must:
1. Satisfy the age criteria.
2. Have an order for a foster care placement at age 18.
3. Satisfy at least 1 of 5 participation requirements.
Youth must also:
4. Agree to live in an approved/licensed supervised placement.
5. Agree to remain under the jurisdiction of the court as a NMD by signing a mutual agreement.
Eligibility: Participation Requirements
Be enrolled in high school or pursuing GED
Be enrolled in college/vocational school
Participate in a program/activity that removes barriers to employment
Work at least 80 hours/month
Be unable to do one of the above because of a medical or mental health condition
1.
2.
3.
4.
5.
5.
Inclusive Participation Criteria Anticipates that some NMDs will be in transition between
participation activities ( loss of a job, medical crisis)
As long as the NMDs are still working toward their goals, the temporary set back does not make them ineligible
Back up plans and participation conditions are designed to be inclusive and bridge gaps in eligibility
Participation Condition # 3: A program/activity designed to promote or remove barriers to employment is an individualized program based on a youth-centered assessment of skills and needs.
Activities may include, but are not limited to, unpaid employment/internship, volunteer activities, parenting classes, mental health treatment, and participation in programs for drug or alcohol addiction treatment
All County Letter 11-61
Placement Options
Placement Considerations
NMD youth are adults
Placements should be least
restrictive
Encourage independence
Developmental needs and
readiness for independence
Decisions are made in
conversation with the youth
Placement Types:
Available to Minors & Nonminors
Available to minors and NMDs:
Living with an approved relative or extended family member
Living with a foster family
Home of a Non-related Legal Guardian
“Dual Agency” Homes for Developmentally Disabled
Available temporarily/with limitations to NMDs:
Transitional Housing Placement Program (THPP)
Group Home
Placement Types:
Available Only to Non-Minors
2 new settings created for non-minor
dependents:
Supervised Independent Living Placement (SILP)
Transitional Housing Placement-Plus Foster Care
(THP+FC) Program
THP-Plus Foster Care
State licensed placement
Provides housing and supportive services in semi-
supervised setting
Single site, Scattered/remote site, or host family
Ideal placement option for youth who are unable to
reside in foster homes but aren’t ready for a SILP
Supervised Independent Living Placement (the
“SILP”)
Readiness assessment
required
• Physical inspection required
• Least restrictive placement
• Youth may receive foster
care payment directly (i.e.
stipend ($820 per month)
Housing options include:
▫ Apartments
▫ Room and board
arrangements
▫ College dorms/student
housing
▫ Shared room mate
arrangement
COURT PROCESS
Assumption of Eligibility
Extended Foster Care is an “opt out” program.
There is an assumption that the youth who attains 18 years of age will remain in care unless s/he opts out of care.
The court is responsible for finding that the youth continues
to meet one of the participation conditions in order to remain eligible and that the agency provides reasonable efforts to assist the youth in meeting participation conditions and ensuring ongoing eligibility.
WIC 366.31,391(e), 11400(v) &11403
Failure to Meet
Participation Requirements
It is the Court’s role to determine if NMD is not
participating in a reasonable TILCP.
The burden of proof of nonparticipation/
noncompliance is on the SW/PO.
SW/PO must document reasonable efforts to provide
NMD with assistance to meet/maintain participation in
TILP activities.
Re-entry
Youth must be informed of right to re-entry at termination hearing
Youth can re-enter as many times as necessary prior to turning 21
yrs old.
Re-entry process is intended to be as accessible and easy as
possible
**Goal is to permit youth to experience independence, while
allowing a safety net.
Re-entry into
Extended Foster Care
Process for Re-entry
Youth contacts agency
Signs voluntary re-
entry agreement
Aid begins on
date youth
signs
agreement
and resides in
a qualified
placement
Initial meeting
with social
worker /PO
temporarily
satisfies
participation
conditions
Agency has
15 days to file
court petition
or youth can
file directly
SPECIAL TOPICS AND
POPULATIONS
Special Population: Parenting Youth
What is in place to support them?
Additional/increased monthly payments
Shared Responsibility Plans
ILP geared towards parenting youth
Encourages continued legislation
Special Population: Juvenile Justice Youth
Probation youth (“wards”) with court order for foster
care placement at age 18 are eligible
At the time probation ends, youth may be eligible for
new “transition jurisdiction”
Court may also assume transition jurisdiction upon re-
entry to foster care
Where we are Today Implementation Phase II
Training, Training, Training
Getting the Word Out
Role of Peer Advocate
Resistance from Professionals
Confusion re Requirements
Youth Residing Out of State
Housing – realizing the full potential
Contact Information
Lindsay Elliott, JD, MSW
Children’s Law Center of California
elliottl@clcla.org
www.clcla.org
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