Supervised Independent Living for Foster Youth

1. Supervised Independent Living for Foster Youth Hosted By: FosteringConnections.org National Association of Public Child Welfare Administrators Jim Casey Initiative Hope Cooper, FosteringConnections.org Dennis Blazey, Consultant to FosteringConnections.org Leonard Burton, Jim Casey Youth Opportunities Initiative Theresa Thurmond, California Department of Social Services Debra Williams, California Department of Social Services Nancy White Martinez, New York State Office of Children & Family Services Kathleen Hiniker, Minnesota Department of Human Services Stephen Vonderharr, Minnesota Department of Human Services Kara Teeple, Illinois Department of Children and Family Services Birdell Fry, Illinois Department of Children and Family Services Kim Peck, Illinois Department of Children and Family Services

2. Welcome and Overview • Webinar features and Q&A tools • Overview of FosteringConnections.org • Remarks by Leonard Burton, Jim Casey Initiative • Summary of Supervised Independent Living options in the Fostering Connections Act • Presentations by State Child Welfare Representatives • Discussion • Wrap-up

3. Webinar logistics and Q&A • Webinar materials will be available at www.fosteringconnections.org after the session • Control Panel features • “Grab tab”: click on the arrows to open/close control panel throughout the presentation. • Questions pane • How to ask a question • Type a question for presenters into the text box at the bottom of the question pane and hit “SEND” • If we are unable to respond to you during the session, we will follow up with you after the presentation From GoTo Webinar Attendee Quick Reference Guide, 2008, Citrix Online.

4. About FosteringConnections.org Nonpartisan data and resources on each section of the Fostering Connections to Success and Increasing Adoptions Act of 2008 • A user-friendly website at www.fosteringconnections.org serves as a central clearinghouse of customized tools and information, such as policy and budget analyses, an up-to-date list of federal guidance, implementation toolkits, research briefs, and examples of best practices and legislative approaches.   Individualized technical assistance • FosteringConnections.org responds directly to questions from state and tribal leaders and can connect decision makers with other experts and TA providers Monitoring of implementation activity • Visitors to www.fosteringconnections.org can stay up-to-date on federal regulatory activity on implementation, events in the field, congressional oversight hearings and learn about best practices and state and tribal approaches to implementation Opportunities to communicate with experts and peers • Join our LinkedIn Group, Subscribe to our Newsletter, join webinars, and stay informed about major events and conferences hosted by FosteringConnections.org and its many collaborating organizations.

5. Fostering Connections Act: Option to Extend Care Beyond Age 18 • At least 12 states are implementing extended care options beyond age 18 • Child Welfare representatives from 4 states will share their state approaches to Supervised Independent Living • Support and Leadership of Jim Casey Initiative

6. Introducing Today’s Speakers • Dennis Blazey, Consultant to FosteringConnections.org • Leonard Burton, Jim Casey Youth Opportunities Initiative • Theresa Thurmond, California Department of Social Services • Debra Williams, California Department of Social Services • Nancy White Martinez, New York State Office of Children & Family Services • Kathleen Hiniker, Minnesota Department of Human Services • Stephen Vonderharr, Minnesota Department of Human Services • Kara Teeple, Illinois Department of Children and Family Services • Birdell Fry, Illinois Department of Children and Family Services • Kim Peck, Illinois Department of Children and Family Services

7. Leonard burton Jim casey Youth Opportunities initiative

8. Jim Casey Youth Opportunities Initiative • Emerging Science • Emerging Adulthood • Emerging Systems

9. Dennis Blazeytechnical expert to Fostering Connections.org

10. The Fostering Connections Act • Amended 42 USCA 672 (c)(2), effective October 1, 2010 • Redefines the term “child care institution” with regard to children who had attained the age of 18 to include “...a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations....”

11. What the law changed • What the Act changed for States: • created a new IV-E reimbursable placement setting category in those States that take the option to extend foster care assistance past the age of 18 • What the Act didn't change for States:  • it did not expand IV-E eligibility for any child living in such a placement setting • it did not expand the scope of what IV-E will reimburse as a foster care maintenance cost.

12. HHS Regulation, Policy & Guidance • On July 9, 2010, HHS issued non-promulgated program guidance to States as part of Program Instruction 10-11 • ACYF-CB-PI-10-11 addresses “Supervised Independent Living Settings” • In order for the title IV-E agency to provide title IV-E foster care maintenance payments, an otherwise eligible child age 18 or older must be placed in a licensed foster family home, child-care institution, or a supervised setting in which the individual is living independently per section 472(c)(2) of the Act. • The title IV-E requirements for foster family homes and child care institutions apply if a youth age 18 or older is placed in such a setting, including provisions for licensure or approval, background checks and safety considerations (see sections 471(a)(10) and 471(a)(20)(A) and (B) of the Act and 45 CFR 1355.20 and 1356.30). Cont’d…

13. Taking the Option: Opportunities for States/Youth • A title IV-E agency has the discretion to develop a range of supervised independent living settings which can be reasonably interpreted as consistent with the law • For example, a title IV-E agency may determine that when paired with a supervising agency or supervising worker, host homes, college dormitories, shared housing, semi-supervised apartments, supervised apartments or another housing arrangement meet the supervised setting requirement. • We encourage the title IV-E agency to be innovative in determining the best living arrangements that could meet an older child's needs for supervision and support as he/she moves toward independence. • We further encourage a title IV-E agency to continue to work with youth who are in supervised independent living settings to form permanent connections with caring adults. This could take the form of determining whether guardianship, adoption or living with other caring adults remains appropriate options for an older youth, and if so, helping the youth to work towards those outcomes.”

14. Taking the Option: What it means for Foster Care Maintenance Payments • The title IV-E agency must provide an eligible child a title IV-E foster care maintenance payment consistent with section 475(4)(A) of the Act / 45 CFR 1355.20. • The items of cost in the foster care maintenance payment definition in the law and regulations are the same for a youth of any age. Such payments must be paid through a foster parent, child placement or child care agency, a child care institution or the supervised setting as required by section 472(b) of the Act. • Foster care maintenance payments must be paid through the provider (i.e., the foster parent or child care institution) or child-placing/caring agency, unless the child is age 18 or older and living independently in a supervised setting in foster care. • For a youth age 18 or older living independently in a supervised setting, there may be situations in which no actual provider or other child placing intermediary is involved. In those situations the title IV-E agency may (but is not required to) pay all or part of the foster care maintenance payment directly to the youth.”

15. Let’s Hear from the States • Representatives from four states will share their policy approaches to implementing Supervised Independent Living, describing issues such as: • A description of allowable settings • Approach to licensing • Definition of Supervision • Foster Care Maintenance Payments • Connection to Chaffee • Connection to Educational Training Vouchers (ETV) • Difficulties, Changes and Barriers

16. CaliforniaTheresa Thurmond, Manager, Independent Living Program Policy Unit, California Department of Social Services Debra Williams, Foster Care Eligibility and Rates Chief, California Department of Social Services

17. Fostering Connections to Success State of California Supervised Independent Living Placement (SILP)

18. AB12 Legislation Authors – Office of Speaker Karen Bass Office of Assembly Member Jim Beall • AB12 • Signed in to law 9.30.2010 • Effective 1.1.2012 • AB212 • Amends AB12

19. Basic Overview Extends foster care for eligible youth – referred to in CA as Non-Minor Dependents (NMDs) • Eligible 18 year olds in foster care as of 1.1.2012 can remain in foster care and entitled to benefits up to age 19 • Up to age 20 starting 1.1.2013 • With legislative approval, up to age 21 starting 1.1.2014

20. Current Placements • Approved relative (including California Work Opportunities and Responsibility to Kids), • Non-Related Extended Family Member (NREFM), • Foster Family Home (FFH), Foster Family Agency (FFA), • Small Family Home, • Whole Family Foster Homes, • Group Home (under limited circumstances), • Transitional Housing Placement Program (THPP) (under limited circumstances)

21. New Placements • Transitional Housing Placement (THP) Plus Foster Care • Supervised Independent Living Placement (SILP)

22. SILP • These placements can include: • Apartments (alone or with roommates) • Single Room Occupancies (may have shared bathrooms and/or kitchens) • Renting a room • Dorms/university housing

23. SILP placements are for NMDs who are developmentally ready to live independently or in a less restrictive environment (such as renting a room) with less intensive services.

24. SILP Details • Placement type must be specified in the Case Plan • Placement must meet the developmental needs of the NMD • Remain Court Dependents under the supervision of the County Child Welfare or Probation Agency • Continue monthly face to face contact with social worker or probation officer

25. County Approval • Approving a SILP is a two step process: • Approving the physical unit • The SILPs need to meet basic health and safety standards. • A re-assessment of SILP unit must be conducted annually to ensure no significant damage has occurred to the residence that compromises the safety of the unit. • Assessing the NMDs Readiness • The assessment should indicate whether or not the NMD has knowledge of financial skills and is developmentally ready (both mentally and emotionally) to handle daily tasks on their own such as: grocery shopping, preparing meals, budgeting, managing money, paying bills, etc. • Note: College Dorms do not need to be pre-approved.

26. Foster Care Payment • Basic Foster Care Rate • Does not include Special Care Increment (SCI) • Parenting NMD’s can receive Infant Supplement • Can be paid directly to NMD or to a third party such as the landlord

27. Tribal SILP • For SILP units that are on or near a reservation, for which the tribe is the approving agency, SILPs are similar to tribally approved homes and are not subject to the same approval standards. • Tribes have the independent authority to approve a SILP using their own socially and culturally appropriate standards pursuant to the Indian Child Welfare Act, 25 United States Code section 1931, which provides that tribally approved homes are deemed equivalent to licensing or approval by a state. • The SILP checklist has been adapted for tribal use, if the tribes choose to use the form.

28. Roommates • NMD have the freedom to choose their roommates and it is important for the case managers to guide NMDs about how to select appropriate roommates/housemates, particularly if the roommate(s) they choose is someone they do not know well. • Only the NMD can ask their roommate to have a background clearance.

29. New YorkNancy Martinez, Director, Office of Strategic Planning & Policy Development, New York State Office of Children & Family Services A state supervised, locally administered child welfare system

30. Foster Care Settings for Older Adolescents • Supervised Independent Living Program (SILP) • Trial Discharge • Supervision Until 21 (youth may refuse) • New York law has for many years permitted youth to remain in care until age 21 • With approval of the Title IV-E Plan Amendment, federal funds are now available for eligible cases

31. Supervised Independent Living Settings in New York • A foster care setting for older youth in foster care who will be discharged to his/her own responsibility • Are licensed and supervised by voluntary agencies certified by NYS OCFS regional offices to operate a SILP program per regulations • Individual SILP units are certified annually by the agency. • Apartment like settings

32. Maximum State Aid Rates • State OCFS sets rates of reimbursement for SILP programs • Rates cover administrative case planning activities in addition to basic care and maintenance associated with the SILP unit, primarily food, clothing, shelter and supplies • Rate-related program types • Double occupancy • Triple occupancy • Four-bed mother-child • Rates are updated annually or as needed • Counties must pay 100% of OCFS-established SILP rate for maintenance and administration

33. SILP Eligibility & Requirements • Youth: • Must be between the ages of 16 and 21 • Must have been in care for at least 45 days prior to being placed in a SILP or is returning to care from a trial discharge status • SILP unit capacity: No more than 4 youth including their children • Supervision: Staff must visit youth 2 times per week; one visit per week must be outside of regular business hours

34. Examples of SILP in NYS Catholic Charities Elmira Two phase program- • provides an array of services • will take youth from all over state • will take pregnant and parenting youth, and will take adults • well established in the community

35. Examples of SILP in NYS First phase- • Youth housed in agency building with 24 hour staffing • Requires youth to save half their earnings Second phase- • when able to budget $, and live on their own youth moves to apartment in the community • youth must have a job, and no longer need 24 hr supervision • 2-3 contacts made per week by staff • Agency has good relationship with landlords in the community • Uses a HUD grant to help youth who have aged out • In most cases agency will match youth savings at discharge (one youth left with car)

36. Examples of SILP in NYS Gateway-Longview – Buffalo • Built an apartment complex and has scattered sites. Can house up to 20. • Mom and child, or dad and child • Provides services on grounds, and teaches skills on grounds • Staffed till 10 pm, security guards after 10 pm

37. Examples of SILP in NYS Home Space – Buffalo • Females only including pregnant and parenting females • Youth can come from across the state but must come through their “Second Chance” group home to ensure they are ready for community living. • Youth apartments are on site in enclosed agency building. • Security provided. Guests sign in. • Center has resource center and tutoring and provides lots of services.

38. Trial Discharge • Youth must be between 18 and 21 • Local department of social services retains custody of youth • Youth not eligible to receive clothing allowance or IL stipends • 6 month trial discharge required for every youth discharged (APLA with a Permanency Resource) • Purpose: A safety net for the youth, until new law was enacted permitting youth to re-enter care after final discharge between ages 18-21, trial discharge enabled youth over age 18 to re-enter foster care • Custody can be extended at each permanency hearing to age 21 • Casework contacts and service plan assessments/reviews

39. Supervision Until 21 • When custody ends (final discharge): county must maintain supervision of youth until youth is 21 (youth may refuse) • Supervision includes: casework contacts & referral to needed services

40. Education and Training Vouchers (ETVs) • Since the ETV program began in FFY 2003: OCFS funds about 800 students per year • FFY 2010-2011: $2.8 million in ETV funds • 799 students funded • Only 4% of funds used for housing

41. Chafee Room and Board Services • Not widely used by counties • Counties may use up to 30% of Chafee allocations for expenditures related to rent, ongoing maintenance, furnishings, and start-up costs in renting an apartment • Required supervision: Monthly contacts until youth maintains housing/adequate income for 6 months - -then quarterly contact

42. Additional Issues • New York law provides that foster care funds may be used to pay for college housing costs, up to the amount a foster family would be paid for caring for that youth. • Strengths of overall SILP and IL programming: fosters independence for youth while offering a safety net of foster care services and supports.

43. MinnesotaKathleen Hiniker, Social Services Program Consultant, Adolescent Services Unit, Minnesota Department of Human ServicesStephen Vonderharr, Social Service Program Supervisor, Adolescent Services Unit, Minnesota Department of Human Services

44. IL Settings MN Allows – Policy Objectives • Particular setting for youth shall be selected based on youth’s best interest and individual determination of their needs. • Assess youth’s needs, goals, and personal preference. • Develop a range of SIL settings that meet need for supervision and support as they move toward independence. • Include apartments, dorms, host homes or other innovative ideas.

45. Settings MN opted not to operationalize • Received some inquiries from counties wanting to know if a youth returning to live with a biological parent or a youth living with a significant other, could be considered a SILS. We did not allow those settings.

46. Does MN consider/allow remote/out-of-state settings? • Yes, but agency needs to ensure appropriate supervision – minimally one face-to-face visit each month. • May be possible to arrange through Interstate Compact for Placement of Children (ICPC).

47. Special approval/licensing standards other than FC settings • SILS are not required to be licensed.

48. MN definition/operationalization of supervision • Minnesota is a state supervised/county administered system so it is up to counties to determine the level of supervision a youth living in a SILS may need. However, a county does need to ensure there is a minimum of one face-to-face visit per month and a youth’s safety and well-being are being assessed.

49. Foster Care Maintenance – amounts and payees • All youth in extended foster care, including SILS, remain eligible for foster care maintenance payment. • The rate for all youth in SILS is the basic maintenance foster care rate plus any assessed difficulty of care. • Agency may pay all or part of the foster care maintenance payment directly to the youth. This flexibility allows the agency to help youth adjust to independent living and learn to budget and pay bills.

50. What would MN do differently? • Bring other divisions to the planning table earlier such as SACWIS, courts, financial assistance, mental health, etc… • Realize that implementing extended foster care is a work in process and policies may need to be tweaked. We cannot completely foresee how new policies will affect existing policies.