*Fostering Connections After 18: Benefits Essentials

Version 2.1 December 2012

*Goals for the TrainingIn this training we will cover:Eligibility requirements for AB12The primary benefits associated with AB12

*ValuesVoice of Young AdultsAssistance and PartneringLove and BelongingUnique NeedsEligibility is MaintainedDevelopment is Supported

*Eligibility BasicsOpen court case with out-of-home placement order at age 18Satisfy at least 1 of 5 participation requirementsMeet with Social Worker/Probation officer and update TILPCourt or administrative review of TILCP every 6 monthsLive in a licensed/approved setting

*Kin-GAP, AAP and GuardianshipExtended benefits also available to: Youth who entered Kin-GAP or AAP at age 16 or olderYouth with disabilities who entered Kin-GAP or AAP at any ageYouth who entered NRLG from juvenile court at any age

Participation in Extended Foster CareEffective 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*

*Youth Who Turned 18 in 2011Youth who turned 18 in 2011 are eligible IF

There was a juvenile court placement order on the youths 18th birthday AND

The youth was under the juvenile court jurisdiction as of 1/1/12

Re-entry for those who exited in 2012Non-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).*

*Participation ConditionsBe enrolled in high schoolBe enrolled in college/vocational schoolWork at least 80 hours/monthParticipate in a program/activity that removes barriers to employment Be unable to do any one of the above

*High School Completion RuleEffective Jan 1. 2012, no more high school completion rule for youth in extended foster careHigh 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)

*Licensed/Approved Placement All traditional foster care placement options still availableLimitations on group home placement2 NEW Placement Options:THP-Plus Foster Care (licensed)Supervised Independent Living (SILP) (approved)

*Pregnant & Parenting YouthPregnant and parenting youth are eligibleInfant Supplement Benefit PaymentIn a SILPIn other settingsWFFH setting includes $200 Shared Responsibilty Plan benefit to caregiver.

*Youth who want to opt-outHearing (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 youths request or if the court finds the youth is not meeting participation requirements

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

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

*Eligibility for Foster Care Benefits

No new eligibilty determination reuiqred for youth who remain in caresMust continue to meet financial eligibility

*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

*ReEntry and Youths IncomeFor nonMinor dependent youth reentering foster care:A new determination for foster care benefits is completed Eligibility is based solely on the youths income and propertyMost reentering youth will be federally eligible.

*Specialized Care IncrementA supplement to the basic FC rate based on special needs for care and supervisionCounty 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 FFAIf placed out of county, paid at the rate of county of residence

*Dual Agency RateNon-minor dependent youth who receive AFDC-FC benefits and who are also regional center clients are eligible for Dual Agency rates and possible supplemental

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

*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)

*CalWORKs: What Do they Get?Cash benefitMedi-Cal

*Documenting EligibilityComplete SOC 161 every 6 monthsDocument efforts to assist youth to maintain eligibility in case planInclude services in TILP to ensure participation in primary educational/employment activity, including a back-up planEngage youth in collaborative case planning

*Mutual AgreementMust be signed within 6 months of youth turning 18 (not a condition of payment)Documents youths willingness participateDocuments agencys responsibility to the youth

*Documenting EligibilityA copy of the Certification Form (SOC 161) kept in the EWs file Participation documentation kept in the SW/POs file

*

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

*Resolving DisputesBest practice includes youth participation in Team Decision Making meetings, Transitional Conferences and mediation State Fair hearing process regardingAmount of the benefitTermination of benefits Denial of federal eligibility (i.e. for youth placed with relatives)The juvenile court will resolve disputes about the youths case plan and sufficient participation

*Youth started receiving Kin-GAP payments at 16 or older and who meet participation conditions are eligibleYouth with disabilities are eligible until age 21 no matter what age they entered guardianshipBenefits go to age 21

Eligibility for Extended Kin-GAP

*Kin-GAP ChangesGuardianship Study RequirementsYouth 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 agreementKin-GAP can be paid out of state

*Kin-GAP What do they get?Rate is negotiated between the relative guardian and the county or Indian tribeMay include specialized care incrementThe 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

*Other Benefits Related to Kin-GAPCounty Clothing AllowanceMedi-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

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

*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 birthdayDoes not matter how old the youth was when the guardianship was establishedCounty of residence is county of payment if guardian moves.

*Youth with NRLG RequirementsMutual 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 responsibleYouth may not reenter EFC as court dependent. NRLG benefits may be reapplied for if the youth returns to the care of the guardian.

*Eligibility for Extended AAP BenefitsYouth whose initial AAP agreements were signed at 16 or older who meet participation conditions are eligibleContinues if the family moves to another stateCan continue if child is adopted after death of adoptive parentsYouth with disabilities are eligible until age 21 no matter what age they were adopted

*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

*Extended AAP RequirementsThe 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 responsibleAAP may be paid when the juvenile court orders a NMD adult adoption under WIC section 366.31(f)

*Eligibility for SSI/SSP BenefitsLittle or no income (parental income is not counted for youth in out-of-home care)Few or no resourcesCitizen or qualified non-citizenDisabled (must be reviewed 1 month prior to 18th birthday)

*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)

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

*SSI and former foster youthmonthly cash assistance based on living arrangements, income and assets. May work part-time and still get SSIMay get scholarships and SSI

*SSI and Non-Minor Dependent YouthGoal is to have SSI disability determination established at around the time the youth turns 18Ensuring SSI is in place provides youth maximum flexibility and choice among benefits and supports12 month switch to maintain SSI eligibility if youth receives federal foster care in excess of SSI

*Non-Minor Dependent Youth and SSI May qualify for subsidized housing programs at exitExplore SSI programs designed to help individuals work or pursue their educationTicket to WorkPlan to Achieve Self SufficiencyStudent Earned Income Exclusion

*EFC Requirements for Youth Receiving SSIYouth 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 monthsVisit with the social worker or probation officer monthlyParticipate in a TILP and met one of the 5 participation requirements Placed in an licensed/approved facility

*Additional BenefitsFCIA ChafeeIndependent Living Plans and ServicesResource limit: $10,000Earned income ExclusionTransitional Medi-CalEducation and Training Vouchers

*Weighing the BenefitLevel of needYouth willingness Need for flexibilityPermanency planSpecial needsFamily situationServices available in addition to benefit Portability

*My Action Plan

*******Youth who do not meet eligibility can still remain open as county pay

****************************If a guardian/child move out of state they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state**If a guardian/child move out of state they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state****If a guardian/child move out of state they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state

********If a guardian/child move out of state they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state***