Dustin Rynders, Special Project Dustin Rynders, Special Project Attorney Attorney

andand

Ian Spechler, Special Project AttorneyIan Spechler, Special Project Attorney

CROSSOVER YOUTH: CROSSOVER YOUTH: FOSTER YOUTH FOSTER YOUTH

INCARCERATED IN THE INCARCERATED IN THE TEXAS YOUTH TEXAS YOUTH COMMISSIONCOMMISSION

How was this project How was this project developed?developed?

The Supreme Court of Texas Permanent Judicial The Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families formed Commission for Children, Youth and Families formed a workgroup in 2008 to look at outcomes for youth a workgroup in 2008 to look at outcomes for youth in the long-term conservatorship of DFPS but placed in the long-term conservatorship of DFPS but placed in TYC or SSLC facilities, formerly known as state in TYC or SSLC facilities, formerly known as state schools. One key issue is that youth often lacked schools. One key issue is that youth often lacked legal representation while caught in and between legal representation while caught in and between two systems. two systems.

To address this problem, the Children’s Commission To address this problem, the Children’s Commission is partnering with Advocacy, Inc., the Rees Jones is partnering with Advocacy, Inc., the Rees Jones Foundation, Texas Access to Justice Foundation, and Foundation, Texas Access to Justice Foundation, and the Meadows Foundation to provide this population the Meadows Foundation to provide this population legal representation.legal representation.

This project is unique nationwide and attorneys This project is unique nationwide and attorneys attempt to provide key support to the youth we attempt to provide key support to the youth we serve.serve.

WHAT ARE SOME PROBLEMS IN WHAT ARE SOME PROBLEMS IN INTERSYSTEM COORDINATION?INTERSYSTEM COORDINATION? Lack of communication between the Lack of communication between the

two agencies.two agencies. Lack of coordination of transition Lack of coordination of transition

planning.planning. Lack of understanding of the history of Lack of understanding of the history of

a youth. a youth. Case example: RS came into TYC and was Case example: RS came into TYC and was

not identified as a student who needed not identified as a student who needed special education services. While we special education services. While we ensured he received those services, he lost ensured he received those services, he lost a full school year.a full school year.

WHAT ARE SOME PROBLEMS IN WHAT ARE SOME PROBLEMS IN INTERSYSTEM COORDINATION?INTERSYSTEM COORDINATION? Lack of reporting to the court about Lack of reporting to the court about

problems and issues that take place problems and issues that take place under the other system.under the other system.

Lack of understanding of who is Lack of understanding of who is responsible for therapeutic services responsible for therapeutic services and supports.and supports.

The consent to medical care provisions for foster youth The consent to medical care provisions for foster youth apply to foster youth committed to TYC. apply to foster youth committed to TYC. Tex. Fam. Tex. Fam. Code § 32.001(b)Code § 32.001(b)

The juvenile court handling the delinquency case may The juvenile court handling the delinquency case may communication with the court having jurisdiction over communication with the court having jurisdiction over the foster child. The parties in the foster care case may the foster child. The parties in the foster care case may participate in this communication. participate in this communication. Tex. Fam. Code § Tex. Fam. Code § 54.04(y)54.04(y)

The court may appoint attorney ad litem or guardian ad The court may appoint attorney ad litem or guardian ad litem for the youth if he or she does not have one. litem for the youth if he or she does not have one. Tex. Tex. Fam. Code § 107.0161Fam. Code § 107.0161

The court having jurisdiction over the foster The court having jurisdiction over the foster child shall conduct a review of the youth’s child shall conduct a review of the youth’s commitment to TYC or release under commitment to TYC or release under supervision by TYC. supervision by TYC. Tex. Fam. Code § Tex. Fam. Code § 263.002(2)263.002(2)

HB 1629: Coordination of Care HB 1629: Coordination of Care between CPS and TYCbetween CPS and TYC

A youth may attend a permanency review or A youth may attend a permanency review or placement review hearing in person, by placement review hearing in person, by telephone or video conference. telephone or video conference. Tex. Fam. Tex. Fam. Code §§ 263.302, 263.501(f), 264.0091Code §§ 263.302, 263.501(f), 264.0091

The Department shall be required to prepare The Department shall be required to prepare a permanency progress or placement review a permanency progress or placement review report or a placement review report that report or a placement review report that addresses whether the youth’s needs for addresses whether the youth’s needs for treatment, rehabilitation and education are treatment, rehabilitation and education are being met, and then the court determines if being met, and then the court determines if the youth’s needs are being met. the youth’s needs are being met. Tex. Fam. Tex. Fam. Code §§ 263.303(b), 263.306(a), Code §§ 263.303(b), 263.306(a), 263.502(c)(7), 263.503(7)263.502(c)(7), 263.503(7)

The court having jurisdiction over the The court having jurisdiction over the youth shall not dismiss the suit affecting youth shall not dismiss the suit affecting the parent-child relationship if the youth the parent-child relationship if the youth is committed to TYC. is committed to TYC. Tex. Fam. Code § Tex. Fam. Code § 263.501(g)263.501(g)

Example: AM was 16 when he was Example: AM was 16 when he was committed to TYC. CPS came to visit him committed to TYC. CPS came to visit him once and then closed his case. Thus, no one once and then closed his case. Thus, no one had parental rights. The facility consented to had parental rights. The facility consented to medical care, planned his education and medical care, planned his education and treatment, and took sole possession over all treatment, and took sole possession over all functions that could be considered parental functions that could be considered parental in nature. AM responded poorly and was set in nature. AM responded poorly and was set to be transferred to adult prison before our to be transferred to adult prison before our involvement.involvement.

The Department and TYC shall share records and The Department and TYC shall share records and information regarding the youth. information regarding the youth. Tex. Hum. Res. Tex. Hum. Res. Code § 61.0731(d)Code § 61.0731(d)

The Department has the same rights of parents under The Department has the same rights of parents under TYC’s parent’s bill of rights. TYC’s parent’s bill of rights. Tex. Hum. Res. Code § Tex. Hum. Res. Code § 61.0763(e)61.0763(e)

TYC caseworker shall submit a written report to the TYC caseworker shall submit a written report to the court and parties in the CPS case that provides results court and parties in the CPS case that provides results of assessments, information regarding the youth’s of assessments, information regarding the youth’s placement in TYC treatment programs and a placement in TYC treatment programs and a description of the youth’s progress. description of the youth’s progress. Tex. Hum. Res. Tex. Hum. Res. Code § 61.0766Code § 61.0766

Joint rules shall be adopted to ensure that the Joint rules shall be adopted to ensure that the Department and TYC cooperate in providing services Department and TYC cooperate in providing services and transition planning to the youth. This includes the and transition planning to the youth. This includes the Department’s caseworker visiting the child in person at Department’s caseworker visiting the child in person at least once per month in TYC, and TYC providing timely least once per month in TYC, and TYC providing timely notice to the Department’s caseworker and child’s notice to the Department’s caseworker and child’s attorney ad litem or guardian ad litem of treatment attorney ad litem or guardian ad litem of treatment team meeting, medical appointments, ARD meetings, team meeting, medical appointments, ARD meetings, grievance disciplinary hearings, reports of abuse or grievance disciplinary hearings, reports of abuse or neglect and any significant medical conditions of the neglect and any significant medical conditions of the child. child. Tex. Hum. Res. Code § 61.0767Tex. Hum. Res. Code § 61.0767

Texas has a new law that states that youth can opt to stay Texas has a new law that states that youth can opt to stay in in

care until their 21care until their 21stst birthday or until they withdraw consent birthday or until they withdraw consent toto

remain in care. Texas Family Code 263.602. When that remain in care. Texas Family Code 263.602. When that happens:happens:1.1. Appointments May ContinueAppointments May Continue

The court may extend appointment of the attorney ad litem or The court may extend appointment of the attorney ad litem or guardian ad litem. Texas Family Code 263.605.guardian ad litem. Texas Family Code 263.605.

2.2. Hearings May be HeldHearings May be Held The court may continue to hold periodic review hearings or The court may continue to hold periodic review hearings or

may schedule a hearing on request of the child, the child’s may schedule a hearing on request of the child, the child’s attorney, or the child’s guardian ad litem or volunteer attorney, or the child’s guardian ad litem or volunteer advocate to review the young adult’s plan of service, voluntary advocate to review the young adult’s plan of service, voluntary agreement to stay in foster care, and transition plan.agreement to stay in foster care, and transition plan.

The court may order appropriate action for additional services The court may order appropriate action for additional services the youth is entitled to under the department's rules or the youth is entitled to under the department's rules or policies or contract with a service provider. Texas Family Code policies or contract with a service provider. Texas Family Code 263.609.263.609.

When Jurisdiction is Extended:When Jurisdiction is Extended:

TYC Facilities in TexasTYC Facilities in Texas

SOME STATISTICS on YOUTH in SOME STATISTICS on YOUTH in TYCTYC

91% of youth committed to TYC are males. 91% of youth committed to TYC are males. 85% have IQ scores below 100.85% have IQ scores below 100. Median math level is four years behind Median math level is four years behind

average peers.average peers. Median reading level is five years behind Median reading level is five years behind

average peers.average peers. 37% of youth have “serious” mental health 37% of youth have “serious” mental health

disabilities.disabilities. Statistics available at Statistics available at

http://www.tyc.state.tx.us/research/youth_stats.htmlhttp://www.tyc.state.tx.us/research/youth_stats.html

ROLES OF ATTORNEYSROLES OF ATTORNEYS

WHAT CAN ATTORNEYS DO FOR WHAT CAN ATTORNEYS DO FOR YOUTH?YOUTH?

WHERE DO ATTORNEYS FIT IN?WHERE DO ATTORNEYS FIT IN? HOW DO ATTORNEYS HELP HOW DO ATTORNEYS HELP

COORDINATE THE TWO SYSTEMS?COORDINATE THE TWO SYSTEMS?

MDT MEETINGSMDT MEETINGS

Before a youth can advance a stage in Before a youth can advance a stage in TYC, the youth needs to participate in an TYC, the youth needs to participate in an MDT meeting. It is also where treatment is MDT meeting. It is also where treatment is planned and progress reported on. planned and progress reported on.

Youth have meetings with their team once Youth have meetings with their team once per month; caseworkers and attorneys per month; caseworkers and attorneys should try to participate when they will be should try to participate when they will be attempting to go for a new stage or need attempting to go for a new stage or need other treatment. This is an important other treatment. This is an important element of interagency communication.element of interagency communication.

DISCIPLINARY HEARINGSDISCIPLINARY HEARINGS TYC conducts several types of due process TYC conducts several types of due process

hearings at which TYC attorneys serve as ALJs. hearings at which TYC attorneys serve as ALJs. These include parole revocation (Level I), These include parole revocation (Level I), movement to more restrictive or secure movement to more restrictive or secure placements (Level II, Level III), or detention placements (Level II, Level III), or detention hearings.hearings.

Youth are assigned advocates (employees of their Youth are assigned advocates (employees of their choosing) for such hearings. They may and choosing) for such hearings. They may and should also request their own advocates (CASA, should also request their own advocates (CASA, attorney, or another advocate).attorney, or another advocate).

Hearing officers must consider extenuating Hearing officers must consider extenuating circumstances such as disability, making an circumstances such as disability, making an attorney or caseworker’s role more important.attorney or caseworker’s role more important.

RELEASE/REVIEW PANELSRELEASE/REVIEW PANELS Must meet at least 30 days prior to the minimum length of Must meet at least 30 days prior to the minimum length of

stay (“MLOS”) to determine whether youth meets release stay (“MLOS”) to determine whether youth meets release criteria. Must complete review within 30 days after MLOS is criteria. Must complete review within 30 days after MLOS is over.over.

Panel may only extend if a majority feels that the youth “by Panel may only extend if a majority feels that the youth “by clear and convincing evidence” needs further TYC rehab and clear and convincing evidence” needs further TYC rehab and needs a residential placement.needs a residential placement.

Case workers, family members, and potential placements can Case workers, family members, and potential placements can submit information to the panel for consideration about plans submit information to the panel for consideration about plans that have been made for success of the youth in the that have been made for success of the youth in the community, etc.community, etc.

Children should receive TCOOMMI mental health services in Children should receive TCOOMMI mental health services in their new placements and should probably visit the new their new placements and should probably visit the new placement. placement.

Need an IEP meeting in new school within 30 days of transfer.Need an IEP meeting in new school within 30 days of transfer. Once a decision to release a youth has been made, notices Once a decision to release a youth has been made, notices

must go out to courts and victims, providing a 10-15 day must go out to courts and victims, providing a 10-15 day period before youth is transitioned to community. period before youth is transitioned to community.

RELEASE/REVIEW RELEASE/REVIEW INTERAGENCY COORDINATION INTERAGENCY COORDINATION

EXAMPLESEXAMPLES MS was a 17 year old who was terrified of the MS was a 17 year old who was terrified of the

uncertainty of leaving her facility and uncertainty of leaving her facility and sabotaged her chances to leave intentionally. sabotaged her chances to leave intentionally.

When we were appointed, nobody had a plan When we were appointed, nobody had a plan for where MS would go once she got out. for where MS would go once she got out. When MS asked, CPS said “we’ll figure that When MS asked, CPS said “we’ll figure that out” and TYC said “that’s CPS’ decision.” out” and TYC said “that’s CPS’ decision.”

We had judge order a circle of support and We had judge order a circle of support and identified a grandmother who was eager to identified a grandmother who was eager to have MS. MS lives there now and is thriving.have MS. MS lives there now and is thriving.

RELEASE REVIEW PANEL RELEASE REVIEW PANEL EXAMPLES OF INTERAGENCY EXAMPLES OF INTERAGENCY

COORDINATIONCOORDINATION Youth’s CPS case worker had reported that there

was no need to plan for release because client would most likely get in trouble and stay in confinement. Client informed us, he was scared to leave because he didn’t know where he would go next.

Strategy Identify placement. Obtain client’s buy-in on placement. Obtain order for placement pending release and provide

to facility in time for client to participate actively in discharge planning in TYC.

Have client, attorney, volunteer advocates and placement write the Release Review Panel to encourage release and inform panel of plans that were made to promote success in community placement.

Free Appropriate Public Free Appropriate Public EducationEducation

Available to all students with disabilities Available to all students with disabilities age 3-21 at public expenseage 3-21 at public expense

Student must meet the definition of one or Student must meet the definition of one or more of several enumerated disabilities more of several enumerated disabilities and “by reason thereof” need special and “by reason thereof” need special education and related serviceseducation and related services

Services must be based on student’s Services must be based on student’s unique individual needs and be designed unique individual needs and be designed to confer educational benefitto confer educational benefit

Individualized Education Individualized Education ProgramProgram

A written plan setting forth the agreement A written plan setting forth the agreement between the parents and the school on how between the parents and the school on how the student will be educated the student will be educated Measurable Annual GoalsMeasurable Annual Goals Placement in the Least Restrictive EnvironmentPlacement in the Least Restrictive Environment Functional Behavioral Assessment (FBA) and Functional Behavioral Assessment (FBA) and

Positive Behavioral Supports and Interventions Positive Behavioral Supports and Interventions including Behavior Intervention Plan (BIP), if including Behavior Intervention Plan (BIP), if appropriateappropriate

Related ServicesRelated Services Transition Services (age 16 and older)Transition Services (age 16 and older) Supplementary Aids and ServicesSupplementary Aids and Services Assistive TechnologyAssistive Technology

The ARD CommitteeThe ARD Committee Meets at least once a year to develop, Meets at least once a year to develop,

review, and revise the student’s review, and revise the student’s Individualized Education Plan (IEP)Individualized Education Plan (IEP)

Parent or school may request additional or Parent or school may request additional or more frequent meetingsmore frequent meetings

ARD Committee members (minimum):ARD Committee members (minimum): parent and student, if appropriateparent and student, if appropriate school district representativeschool district representative at least one special education teacherat least one special education teacher at least one general education teacherat least one general education teacher someone who can interpret evaluationssomeone who can interpret evaluations others invited by parent, student or others invited by parent, student or

schoolschool

Surrogate ParentsSurrogate Parents District must make “reasonable efforts” to ensure District must make “reasonable efforts” to ensure

assignment of a surrogate parent not more than assignment of a surrogate parent not more than 30 days after the need arises.30 days after the need arises.

Criteria for selection:Criteria for selection: NOT a school district employeeNOT a school district employee No personal or professional interest that conflicts with No personal or professional interest that conflicts with

the interests of the child (not CPS, not a TYC or SSLC the interests of the child (not CPS, not a TYC or SSLC employee)employee)

Has knowledge and skills to ensure adequate Has knowledge and skills to ensure adequate representation of the childrepresentation of the child

Represents the child in all matters relating to:Represents the child in all matters relating to: Identification, evaluation, and placementIdentification, evaluation, and placement Provision of FAPE to the childProvision of FAPE to the child

Surrogate Parent ProceduresSurrogate Parent Procedures The Texas Education Agency must develop The Texas Education Agency must develop

procedures to ensure that surrogate parents:procedures to ensure that surrogate parents: complete a training program (within 90 days of complete a training program (within 90 days of

appointment)appointment) visit the child and the child’s schoolvisit the child and the child’s school consult with persons involved in the child’s consult with persons involved in the child’s

education, including teachers, caseworkers, court-education, including teachers, caseworkers, court-appointed volunteers, guardian ad litem, attorney appointed volunteers, guardian ad litem, attorney ad litem, foster parents, and caretakersad litem, foster parents, and caretakers

review the child’s educational recordsreview the child’s educational records attend the child’s ARD committee meetingsattend the child’s ARD committee meetings exercise judgment in pursuing the child’s interestsexercise judgment in pursuing the child’s interests exercise the child’s due process rightsexercise the child’s due process rights

Court’s Authority to Appoint Court’s Authority to Appoint Surrogate ParentSurrogate Parent

The court having jurisdiction over a The court having jurisdiction over a foster child may appoint a surrogate foster child may appoint a surrogate parent for a foster child.parent for a foster child.

20 U.S.C. § 1415(a)(2)(A)(i)20 U.S.C. § 1415(a)(2)(A)(i)

Transition PlansTransition Plans

School districts have a duty to develop School districts have a duty to develop transition plans for youth with disabilitiestransition plans for youth with disabilities

─ Beginning when a youth with disabilities is Beginning when a youth with disabilities is 16, and updated annually thereafter, the ARD 16, and updated annually thereafter, the ARD committee must develop:committee must develop:

Appropriate measurable postsecondary goals based Appropriate measurable postsecondary goals based upon age appropriate transition assessments upon age appropriate transition assessments related to training, education, employment, and related to training, education, employment, and where appropriate independent living shelters;where appropriate independent living shelters;

The transition services (including courses of study) The transition services (including courses of study) needed to assist the child in reaching those goals; needed to assist the child in reaching those goals; andand

Beginning one year before a youth turns 18, a Beginning one year before a youth turns 18, a statement that the youth has been informed of his statement that the youth has been informed of his rights under IDEA, if any, that will transfer to the rights under IDEA, if any, that will transfer to the youth at the age of 18. 20 U.S.C. § 1414(d)(1)(A)(i)youth at the age of 18. 20 U.S.C. § 1414(d)(1)(A)(i)(VII).(VII).

Under Section 264.121 of the Texas Family Under Section 264.121 of the Texas Family Code, the Department shall address the unique Code, the Department shall address the unique

challenges facing foster youth who are challenges facing foster youth who are transitioning to independent living by:transitioning to independent living by:

Beginning transition planning at 14 (used to be 16).Beginning transition planning at 14 (used to be 16). Enrolling youth in Preparation for Adult Living (PAL) by Enrolling youth in Preparation for Adult Living (PAL) by

16.16. For youth with disabilities that make PAL inappropriate, For youth with disabilities that make PAL inappropriate,

the Department can provide PAL credit by looking at the Department can provide PAL credit by looking at progress on transition goals in their school plans (IEPS).progress on transition goals in their school plans (IEPS).

Extends medical coverage for foster youth and former Extends medical coverage for foster youth and former foster youth up to 21 with a single application at the foster youth up to 21 with a single application at the time youth leaves foster care.time youth leaves foster care.

Requires foster care providers to provide an Requires foster care providers to provide an experimental life skills training to youth who are 14 experimental life skills training to youth who are 14 that helps the transition to independent living by that helps the transition to independent living by teaching them grocery shopping, meal preparation teaching them grocery shopping, meal preparation and cooking, using public transportation, performing and cooking, using public transportation, performing basic household tasks and balancing a checkbook.basic household tasks and balancing a checkbook.

Transitional living services are available to youth over Transitional living services are available to youth over 18 who are no longer in care if the person whom they 18 who are no longer in care if the person whom they are staying with was previously designated as a are staying with was previously designated as a perpetrator of abuse or neglect and does not pose a perpetrator of abuse or neglect and does not pose a threat to the youth’s welfare. threat to the youth’s welfare.

Department shall ensure foster youth receive a copy Department shall ensure foster youth receive a copy of birth certificate, Social Security card and personal of birth certificate, Social Security card and personal ID on or before they turn 16. A PAL staff person shall ID on or before they turn 16. A PAL staff person shall assist youth who has not timely received these assist youth who has not timely received these documents. All youth over 16 shall be provide the documents. All youth over 16 shall be provide the name of their PAL staff person.name of their PAL staff person.

All youth enter PAL shall be provided a booklet about All youth enter PAL shall be provided a booklet about PAL program and benefits including extended PAL program and benefits including extended medical coverage until 21, and exemption from medical coverage until 21, and exemption from payment of tuition and fess in institutions of higher payment of tuition and fess in institutions of higher education.education.

For more information on transition, visit For more information on transition, visit www.texasfosteryouth.org.www.texasfosteryouth.org.

How do courts obtain free attorneys How do courts obtain free attorneys ad litem for dually managed youth?ad litem for dually managed youth?

Judges statewide can appoint Advocacy, Judges statewide can appoint Advocacy, Inc. as attorney ad litem or co-attorney ad Inc. as attorney ad litem or co-attorney ad litem for foster children who are placed in litem for foster children who are placed in TYC or SSLC facilities. TYC or SSLC facilities.

Advocacy, Inc. will not charge for Advocacy, Inc. will not charge for representation provided for eligible youth, representation provided for eligible youth, because grant funding is covering staff because grant funding is covering staff and travel cost.and travel cost.

How can I get more How can I get more information?information?

Contact either of the two project Contact either of the two project attorneys:attorneys: Dustin Rynders @ 713.974.7691 or Dustin Rynders @ 713.974.7691 or

drynders@advocacyinc.orgdrynders@advocacyinc.org Ian Spechler @ 512.454.4816 or Ian Spechler @ 512.454.4816 or

ispechler@advocacyinc.orgispechler@advocacyinc.org