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PROBATION PROVISIONS IN CALIFORNIA’S FOSTERING CONNECTIONS TO SUCCESS ACT JENNIFER RODRIGUEZ

PROBATION PROVISIONS IN CALIFORNIA’S FOSTERING CONNECTIONS TO SUCCESS ACT JENNIFER RODRIGUEZ MARIA F. RAMIU WEBINAR YOUTH LAW CENTER AUGUST 30, 2011. Webinar Overview. AB 12 Background

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PROBATION PROVISIONS IN CALIFORNIA’S FOSTERING CONNECTIONS TO SUCCESS ACT JENNIFER RODRIGUEZ

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  1. PROBATION PROVISIONS IN CALIFORNIA’S FOSTERING CONNECTIONS TO SUCCESS ACT JENNIFER RODRIGUEZ MARIA F. RAMIU WEBINAR YOUTH LAW CENTER AUGUST 30, 2011

  2. Webinar Overview • AB 12 Background • Fostering Connections (PL-110-151),California’s Implementation(AB 12, AB 212 & CDSS Policies & Regs, and Current Status) • Why Important for Probation • What AB 12 Provides • General Overview, Kin-GAP, Extended Foster Care • AB 212 Delinquency Related Provisions (How AB 212 will Likely Impact Probation) • Moving Forward • Questions & Answers

  3. AB 12: California Fostering Connections to Success Act • Began with passage of federal Fostering Connections to Success and Increasing Adoptions Act on October 7, 2008 (P.L. 110-351) • Signed by Governor on September 30, 2010 • Federally funded Kin-GAP began January 1, 2011 • Extended Foster Care Phase-In Begins January 1, 2012 • Implementation led by the California Department of Social Services • Why Important For Probation

  4. AB 212: “Clean-Up” Legislation • Assembly Bill 212 (“AB 212”) is the “clean-up” bill to AB 12 that aims to: • Provide consistency • Address issues that were not addressed in AB 12 • Clarify provisions • Amend AB 12 in order to ensure that our program meets federal standards • AB 212 is an urgency bill and therefore – once signed -- takes effect immediately (except for provisions that have specified later effective dates) • AB 212 includes some substantive changes particularly with regard to: • Delinquency youth • Re-entry

  5. What Will AB 12 Do? • Extend benefits to age 20/21 for youth who are: • In foster care • Receiving Kin-GAP or AAP, provided the youth entered guardianship or adoption at age 16 or later • Living with a nonrelated legal guardian established in juvenile court • Placed by juvenile court with an approved Cal-WORKs relative. • Convert California's Kin-GAP into nearly identical state-funded and a federally subsided programs. (Note: Kin-GAP may be viable alternative to EFC )

  6. How does AB 12 change Kin-GAP ? • Child only has to be residing with the relative for 6 months prior to exiting • Kin-GAP benefits are determined pursuant to a negotiated agreement and may be adjusted based on changed needs • Kin-GAP may continue up to age 20/21 if certain participation conditions are met (same as EFC) or up to age 21 for disabled youth regardless of age at guardianship • Kin-GAP now can be paid out of state • A child can enter Kin–GAP via the voluntary placement agreement process

  7. What are the basic eligibility requirements for a youth to receive Kin-GAP under AB 12? • Removed from his home and placed into foster care with his foster care case supervised by either the dependency or the delinquency court; • Reside with an approved relative guardian for at least 6 consecutive months, • Have a kinship guardianship established with that relative, and • Have his or her foster care case dismissed by either the dependency court or the delinquency court at the same time or subsequent to the establishment of the guardianship

  8. How is the amount of the Kin-GAP benefit determined? • Negotiation between the relative guardian and the county child welfare agency, probation department or Indian tribe(up to FCH max + SCI) • Set forth in an agreement that can be adjusted periodically, as the needs of the child change • If the youth is a parent of a child placed in the same home, the teen parent rates apply. • If the youth is a regional center consumer, the dual agency rates app

  9. Extended Foster Care Phased-in over 3 year period • Beginning January 1, 2012 up to age 19 • Beginning January 1, 2013 up to age 20 • The final year of extension (from age 20 to 21) in 2014 is subject to a budget appropriation by the State Legislature

  10. Foster Youth Must Agree to Remain in Extended Foster Care Program • Participation in foster care after age 18 under AB 12 is voluntary • Youth may decide to exit at anytime before they turn age 20/21 • Youth have the option to return before they turn 20/21

  11. What about youth who are currently age 18, 19 or 20? • AB 12 does not retroactively apply to those youth who age out of foster care and have their juvenile court cases terminated prior to January 1, 2012. • Foster youth who turn 18 during 2011, age out of AFDC-FC eligibility and remain under the jurisdiction of the juvenile court may on 1/1/12 regain AFDC-FC eligibility up to age 19 if they meet new extended care requirements.

  12. What are the basic eligibility requirements for foster youth to receive benefits after age 18 under AB 12? ? The youth must: • sign a mutual agreement with the county child welfare or probation agency or tribe that has a IV-E agreement with the state for supervision and support; • continue under the supervision of the juvenile court as a dependent or a ward, • meet one of the five participation conditions, and • agree to live in a supervised placement that is licensed or approved under new standards for 18 to 21 year olds.

  13. What does a youth have to do to meet the participation conditions of AB 12? • Completing secondary education or a program leading to an equivalent credential, • Enrolled in an institution which provides post-secondary or vocational education, • Participating in a program or activity designed to promote, or remove barriers to, employment • Employed for at least 80 hours per month, OR • Unable to do one of the above requirements because of a medical condition.

  14. What does it mean for a youth over 18 to be in foster care under the jurisdiction of the court? • Youth continues to have a six-month review hearing in court conducted in a manner that respects the youth’s status as a legal adult • Parents are not noticed, nor parties to the hearing • Youth agrees to continue in care and meet one of the participation conditions in accord w/TILP • Court will ensure the youth continues to meet one of the participation conditions • P.O./SW continue case management (i.e. placement, monthly visits, court reports etc…)

  15. Are there any limitations on where a youth can live in order to receive foster care benefits under AB 12? Yes, the placements available to youth after age 18 include: • Approved home of a relative or NREFM (approved); • Foster family home (licensed); • Foster Family Agency certified home (licensed); • Group home, subject to new limitations (licensed); • Home of a non-related legal guardian/former (approved by the juvenile court); • THP-Plus Foster Care (approved); • Supervised Independent Living setting “SIL” (approved).

  16. Placement Considerations for Extended Foster Care • Need to be appropriate for young adult status and consistent with needs as provided in TILP • Should be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare for transition to independent living • Age limitation on group home placements • SIL in settings that already have health and safety standards (e. g. college dorms) don’t need additional approval standards. • SIL roommates do not need to be assessed – case management discussion opportunity between youth and P.O./SW • Criminal background not bar to eligibility for extended care, but background may be appropriate in assessing appropriateness of placement (e.g. licensed foster home with minor dependents may not be appropriate). Note: Re-entering youth need criminal background check, but convictions are not bar to reentry eligibility.

  17. What is a Supervised Independent Living setting and how is it different than the other placement options available to youth 18 to 21? • New placement option for youth age 18 to 21 • Is a supervised setting as specified in case plan • Must meet basic health and safety standards • Standards TBD but current proposal exempts certain settings(e.g. college dorms) and provides for streamlined approval process consistent with adult status • May receive the foster care benefit directly • Basic rate paid • Not eligible for specialized care increment

  18. What is THP-Plus Foster Care and how is it different than the current THP-Plus program? • Modeled after the existing THP-Plus program for former foster youth (non-dependents/wards) • Approved by county using licensing standards for THP-Plus providers • Differs from the current THP-Plus program in two ways: • Child welfare or probation supervision • Juvenile court jurisdiction

  19. What is the “TILP” ( Transitional Independent Living Plan) • Case plan designed to help nonminor foster youth successfully move to adulthood by: • Developing a permanent connection with a caring adult • Developing independent living skills and opportunities for incremental responsibility & • Living in the least restrictive placement (WIC 11400 (y))

  20. How does AB 12 affect group home placements for youth age 18 to 21? • AB 12 specifies that youth may remain in a group home after age 19 or until high school graduation only if it is necessary due to a medical condition. (WIC 16501.1( c )) • Medical condition will be defined by CDSS in state regulation

  21. What are foster care rates paid for youth age 18 to 21? • Foster care benefit that is set according to the youth’s placement and, in some cases, the youth’s special needs • Different rates available for relatives, guardians, foster family homes, group homes, and foster family agencies • Youth in SIL get basic rate • THP-Plus Foster Care statewide rate, to be determined

  22. Can a youth receive the foster care benefits directly? • Yes, youth in SIL may receive the foster care benefit directly (WIC 11403)

  23. How are probation youth impacted under AB 12? • Two groups of probation youth are impacted: • Delinquent minors and nonminors in a foster care placement • Delinquent minors who were dependent youth in foster care when they became delinquents • What is different for delinquent youth? • For minor wards in foster care or minor wards who were dependents when wardship was declared, court must examine whether youth can return home safely after termination, and if not, must consider modification of jurisdiction • For wards in foster care, court must offer extended foster care & re-entry on same basis as dependents.

  24. Problems with AB 12 approach • Forces youth over 18 to remain delinquent in order to access extended foster care • Requires a youth who exits foster care as a delinquent to re-enter as a delinquent when accessing extended foster care • Does not adequately protect parent’s right of due process when a delinquent who has never been a dependent is alleged to be a dependent child (requires allegations against a parent)

  25. AB 212 Proposed Amendments • Creates new jurisdictional status for transition youth (WIC §§ 450-452): • Treats as dependents, but does not require 300 allegations • Is based on same findings for removal in a delinquency matter • Eligibility for new status (WIC § 450): • Delinquent youth 17.5 to 18 who are in the AB 12 groups (in foster care or prior 300’s) and are not receiving reunification services or have a permanent plan of adoption or guardianship & who cannot be returned home • Delinquent youth 18 and over who are in foster care and want to participate in AB 12 services and meet eligibility requirements

  26. When can transition jurisdiction be taken? • For eligible youth, the court can modify youth’s status when it is prepared to terminate delinquency jurisdiction (WIC §§ 450, 451 607.2 & 727.2(i)) • As a re-entry status for youth who exited foster care as nonminor delinquents, and wish to re-enter foster care (WIC §§ 450 & 607.2)

  27. WHEN ELSE MUST THE COURT CONSIDER MODIFYING JURISDICTION OVER A WARD? At the status review hearing held closest to the ward attaining 18 years of age, which must occur at least 90 days before the ward’s 18th birthday. (WIC §727.2 (i)) At this hearing, COURT MUST consider whether to assume transition jurisdiction over the ward pursuant to §450. The probation department must address this issue in its report to the court and make a recommendation as to whether transition jurisdiction is appropriate for the ward.

  28. What about youth who are not eligible for transition jurisdiction? • Their cases would be handled consistent with the intent of AB 12: • Upon termination, court would look at whether jurisdiction should be modified to dependency (WIC §§ 607.2(b) & 727.2 (i) ) • Procedural mechanism for modification would depend on whether child was a prior dependent • If yes, court would re-open that petition • If no, court can order (defender or probation) to apply for 300 petition pursuant to WIC 329 process. (WIC §§ 607.2(b) & 727.2 (i) (2))

  29. MUST COURT MODIFY JURISDICTION TO TRANSITION OR DEPENDENCY? • No. If ward has not met rehabilitative goals court may continue delinquency jurisdiction of a ward in foster care. At the last review hearing before the ward’s 18th birthday the court must ensure that the TILP provides for the ward meeting one of the 5 participation conditions for EFC. Ward must sign mutual agreement (agreeing to participate in EFC and meet one of the participation conditions) to continue AFDC-FC eligibility. (WIC 727.2(i)&(j), 11403)

  30. Who supervises youth under transition jurisdiction? • AB 12, supervision of a youth who exits delinquency to dependency would be determined by the county 241.1 protocol – meaning it could be either probation or child welfare • AB 212 keeps with this approach by allowing counties to determine who should be the supervising agency for transition jurisdiction youth based on the needs of the youth (WIC § 451(c ))

  31. These changes solve the key issues raised by AB 12 • Provides a non-delinquent status for youth who are ready to exit delinquent supervision but cannot go home • Provides a non-delinquent status for re-entry of eligible delinquent youth • Does not require a 300 petition or allegations against parents

  32. AB 212: New Re-entry Provisions • Goals for re-entry • Allow youth to opt-out of extended foster care at any time before they turn 20/21 • No limit on number of exits and re-entries • No obligations on the youth to meet with P.O./SW, attend hearings, or do anything else related to extended foster care during an opt-out period • Old concept of “trial independence” (that was mechanism for re-entry under AB 12) does not allow us to achieve these goals

  33. AB 212: New Re-entry Provisions • AB 212 replaces “trial independence” with a new mechanism for allowing for re-entry • This allows youth who opt out of extended care to re-enter by signing a Voluntary Re-entry Agreement with the placing agency(WIC §§ 607.3, 11400(z), 11401(e),11401.1(c) & 11403(b))

  34. Definition: Voluntary Re-entry Agreement • A written voluntary agreement documents: • Desire and willingness to re-enter foster care • Desire and willingness to be placed in a supervised setting • Desire, willingness and ability to immediately participate in one or more of the five participation conditions • Agreement to work collaboratively with the placing agency to develop transitional independent living case plan within 60 days of re-entry • Agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, • Agreement to participate in the filing of a petition for juvenile court jurisdiction within 15 judicial days of the signing of the agreement; • Placing agency’s efforts and supportive services to assist nonminor in the re-entry process. (WIC §11400(z))

  35. Mechanics of re-entry with a Voluntary Re-Entry Agreement • Aid may be resumed at request of the nonminor by completing a voluntary re-entry agreement followed by or concurrently with a petition filed with juvenile court to resume dependency or transition jurisdiction • The placing agency is required to file petition to resume dependency or transition jurisdiction within 15 days of the signing of the Voluntary Re-entry Agreement WIC 388(e) • The placing agency is required to “complete the voluntary re-entry agreement with the nonminor who agrees to meet the criteria of the agreement as described in subdivision (z) of Section 11400.” WIC 11403(e)

  36. Voluntary Re-entry-Payment of Benefits • Eligibility for federal foster care is a new determination • Based on nonminor’s income/resources (NOT income/resource of parent(s)) • If a nonminor is not eligible for federal foster care funding, he/she would be eligible for state foster care funding (unless placed with a relative) • Beginning date of payment is the date the Voluntary Re-entry Agreement is signed WIC 11403(e)

  37. Probation AB12 Considerations • Extended care is a voluntary program on youth’s part • Kin-GAP is an option for youth after their 16th birthday who can’t go home, but can live with relative when not interested in extended care supervision (must still meet participation conditions) • Although we may interact with 18+ differently, Feds remind us that the same IV-E mandates for probation youth in foster care apply to young people 18 and older in extended care • We still can draw down IV-E admin funds for IV-E case management work (should continue to time study (track time) for probation officer duties) • Probation should be working collaboratively with CW counterparts on AB 12 implementation planning

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