OVERVIEW of AB 12: Focus on Foster Family Agencies and Group Home Providers

1. OVERVIEW of AB 12: Focus on Foster Family Agencies and Group Home Providers

2. Introductions • Who are you? • FFA, Group Home Provider, Social Worker, Relative Caregiver, Foster Parent, Other? • What are the ages of the foster youth you work with? • What are you most concerned about for youth in foster care who are turning 18? • What do you hope to get out of today’s training? • Any special concerns/questions?

3. Today’s Presentation • Overview of New Laws • Eligibility Rules for Participation in Extended Foster Care • Benefits Youth Participating in Extended Foster Care Receive • Placements for NMDs • Placement Decisions and Supervision of Placements • Licensing and Approval Standards for NMDs • Special Populations of NMDs • Resolving Disputes

4. Overview of New Laws 4

5. What challenges do transition age youth currently face?

6. AB 12 Will Address Many of These Issues by Providing….

7. What is the California Fostering Connections to Success Act ? • Allows youth to remain in foster care and continue to receive support until age 21 • Replaces California’s old Kin-GAP to align with new federal option (effective 1/1/11) • Extends AAP and Kin-GAP funding for youth who enter Kin-GAP or AAP after age 16 • Establishes new requirements for maintaining SSI eligibility for youth with disabilities 7

8. Benefits of New Laws • Promotes permanency for foster youth • Enables youth to maintain a safety net of support while experiencing independence in a secure supervised living environment • Helps ensure that youth will be better prepared for successful transition into adulthood 8

9. Eligibility Rules to Participate in Extended Foster Care 9

10. Hypothetical • Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011. • Their father has died and their mother is an alcoholic who is unable to care for them. • Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week. • Davion was recently arrested for robbery and is on probation. • Through the local foster family agency, they were placed with foster parent Emily when they first entered foster care in 2008. They share a room in Emily’s home. There are also 2 other minors in her home.

11. Eligibility Requirements for EFC • Extended benefits available to foster youth who • Have an open court case at age 18 (i.e. order for FC placement) • Satisfy one participation requirement • Sign a mutual agreement • Agree to meet with Social Worker • Agree to work on transitional independent living skills • Live in a licensed or approved setting • Have 6 month court review hearings

12. Phase-in Timeline NOTE: The phase-in was largely eliminated in the recent budget bill. At this point, it applies to those youth who either (A) turned 19 in 2011 or (B) turned 19 in 2012 if they were not receiving AB 12 benefits immediately prior to turning 19. 12 12

13. Youth Who Turned 18 During 2011 • Youth who turned 18 during 2011 are eligible IF • Order for foster care placement on’s 18th birthday AND • Youth was still under order for foster care placement or re-entered care as of January 1, 2012 • NOTE: As long as a youth is receiving AB 12 benefits in 2012 immediately prior to turning 19, the youth can continue to receive benefits after turning 19. • Some of these youth may have had to exit care at age 19 (solely due to turning 19), but are NOW eligible to re-enter and receive benefits until 21!

14. Categories of Eligible/Ineligible Youth ELIGIBLE INELIGIBLE Pregnant and Parenting Married Involved in juvenile justice system Military 14

15. What Must a NMD Do To Receive Financial Benefits? One of the following: • Be enrolled in high school or equivalent program • Be enrolled in college/vocational school • Work at least 80 hours/month • Participate in a program/activity that helps you find a job or removes barriers to employment • Be unable to do one of the above because of a medical or mental health condition 15

16. Participation Condition #1: High School-GED • Includes enrollment in public high school, charter high school, alternative high school, nonpublic school, or adult education classes • Any course of study leading to high school diploma, GED, High School Proficiency Certificate, or High School Completion Certification • Enrollment is continuous during breaks • Participation in activities described in IEP

17. Changes in the School Completion Rule • As of January 1, 2012 – there is no completion rule for NMDs participating in extended foster care • Youth qualify to remain in foster care after 18 if enrolled in high school or equivalent regardless of when the youth is expected to complete the program • Completion rule still exists for youth that do not have access to extended benefits, including: • Kin-GAP youth who entered Kin-GAP prior to age 16 and • Youth with non-related legal guardianships created in probate court

18. Participation Condition #2: Post- Secondary Education • Half-time requirement • Includes non-credit courses • Students maintain eligibility over breaks • Students enrolled less than half time and those who drop classes can use participation condition #4 to maintain eligibility • Required verification

19. Participation Condition #3: Working 80 hours per month Must be a paid position Includes paid internships and apprenticeships Meets requirement as long as the youth is scheduled to work 80 hours/month Income disregarded from determining amount of foster care payment IF earnings are specified in TILP Less than 80 hours a month and unpaid employment/internships meet participation condition #4 (activity to remove barriers to employment)

20. Participation Condition #4: Removing Barriers to Employment • Can be self-directed, completed in conjunction with caregiver or social worker, or part of an organized program • Must be working towards goals in TILP • Should be working towards transitioning to education (#2) or employment (#3) participation conditions • Can include job skills classes, mental health treatment, driver’s ed, ILP services and volunteering • Range of documentation options

21. Participation Condition #5: Medical Condition • “A physical or mental state that limits a nonminor dependent’s ability to participate in any of the activities described in subparagraphs (1) through (4)” • Must be verified by health care practitioner • NMD does not need to be seeking treatment for condition

22. Mutual Agreement (SOC 162) Mutual Agreement is NOT a condition of payment. Case Manager gives SOC 162 to youth and also signs it. • Documents youth’s willingness to: • Remain in a “supervised placement” • Report changes relevant to eligibility and placement • Work with the Agency on the implementation of the TILP • Participate in 6 month review hearings • Documents agency’s responsibility to: • Help NMD develop and achieve goals • Review and update TILP every 6 months • Help NMD remain eligible for extended foster care by responding to problems and connecting NMD to supports and services • Help NMD and caregiver develop Shared Living Agreement • Ensure NMD has Medi-Cal card or other health insurance • Provide NMD with contact information for his/her attorney 22

23. Monthly Visits with Social Worker or Probation Officer • Monthly, in-person visits with social worker • 100% of visits have to be face-to-face • 51% in the home/placement • NMDs can live out of county and/or out of state while participating in EFC • Purpose of the meeting • Identify participation conditions (including backup) and update TILP and case plan • Identify services in TILP to ensure meaningful participation • Focus on permanent connections and independence • No longer focused on family re-unification, termination of parental rights or establishment of legal guardianship

24. Monthly Visits with Social Worker or Probation Officer (con’t) SW/PO has an affirmative obligation to ensure that NMDs who want to participate maintain eligibility In order to terminate dependency, must establish in juvenile court that the social worker made reasonable efforts to ensure participation Case planning should be collaborative Goals are increasing levels of responsibility

25. Court Process for EFC The Court Process for NMDs who choose to remain in EFC, remain on the same six-month review cycle. The court reports and case plans must be completed for the six-month court hearings or administrative reviews (WIC 366.3). NMDs can appear via telephone for court appearances (WIC section 388(e)(3)). Parents are no longer noticed for court hearings.

26. What if a youth does not want to remain in foster care after age 18? • Extended Foster Care is optional – but is opt-out • If NMD does not want to participate, can request a hearing to terminate court’s jurisdiction • Hearing (known as a WIC 391) must be held prior to terminating jurisdiction and court must find the youth was informed of: • Right to remain in care • Benefits of remaining in care • Rightto reenter care if under the age limits • General jurisdiction for reentry retained by court until youth turns 21 26

27. Re-Entry into Foster CareACL 12-12 • Re-enter unlimited times if under the statutory age limits • Re-entry is intended to be accessible and easy • NMD is eligible for benefits again as of the date that the Voluntary Reentry Agreement is signed and the NMD is placed in an eligible facility • Link to Re-Entry Contact In Each County: • Dependency: http://www.cwda.org/downloads/tools/cws/cwda_ab_12_re-entry_contact_list_04_24_12.pdf • Probation: http://www.cpoc.org/php/Placement/placementroster.php

28. Re-Entry into Foster Care (con’t) • The county that maintains jurisdiction prior to youth exiting EFC, maintains payment/case management at re-entry • If NMD contacts county of residence to re-enter, and the county provides courtesy supervision, county assists youth in completing re-entry forms, faxes/emails the same day to county of jurisdiction • If county does not provide courtesy supervision, that county must immediately assist youth in contacting county of jurisdiction • Case manager must file WIC 388 petition within 15 judicial days of signing the SOC 163

29. Hypothetical • Visnu and Davion are brothers. Visnu turned 18 in December 2011 and Davion turned 15 years in December 2011. • Their father has died and their mother is an alcoholic who is unable to care for them. • Visnu has anger issues. He is in a special day class through his IEP at school. He goes to see a therapist once a week. • Davion was recently arrested for robbery and is on probation. • Through the local foster family agency, he was placed in Emily’s home when they first entered foster care in 2008. They share a room in Emily’s home. There are also 2 other minors in her home.

30. Hypo Review So now that Vinsu is 18 – is he eligible to participate in extended foster care? What about Davion? What additional information do you need? If Vinsu or Davion are eligible to participate but do not want to continue in extended foster care – what happens?

31. Benefits Youth Participating in Extended Foster Care Receive

32. Foster Care Benefits: What are the rates for the different placements? 32 • If the NMD remains in the same placement • the foster care payment amount will not change • the payment will continue to be paid to the provider • If the NMD moves to a new placement, the amount will be based on the new type of placement. • A SILP is the only placement type in which a NMD may be entitled receive the payment directly.

33. Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Same rates for placements for youth under age 18 (as of July 1, 2012) • Foster Homes, Relatives, NRLG, and NREFM: • Basic rate currently is $799 • NMDs can receive dual agency rate, specialized care increments and/or wraparound services • Foster Family Homes: Basic rate is $640-799 • Specialized Care Increments $18-$1,413 • Foster Family Agencies: • Non-Treatment: $640-799 • Treatment: $1,697-1956 • Intensive Treatment Foster Care (ITFC): $4034-5581 • Group Home Rate: $2,223-9,419 33

34. Extended Foster Care Benefits (AFDC-FC) – What Do NMDs Get? Two new placements for NMDs (rates as of July 1, 2012) • THP-Plus FC: • New rates will be established (state has not yet released the new rates) • Supervised Independent Living Placement (SILP): • Limited to the basic foster family home rate of $799 • No specialized care • Possibly CalFRESH • SILP rate will go up each July 1 with basic FFH rate 34

35. Benefits for Pregnant and Parenting Youth • Pregnant and parenting youth are eligible for EFC • Benefit Payment • In a SILP, the parenting NMD can receive the foster care payment directly, including the Infant Supplement • For parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the provider • Whole Family Foster Homes, as FFA’s or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment 35

36. Placement Options for NMDs

37. Where are Older Youth Placed in Foster Care? 2,985 18 year-olds as of April 1, 2011

38. Placement Settings • Traditional placement options still available to NMDs: • Approved home of relative or NREFM • Certified home of an FFA (includes ITFC) • Foster Family Home • Group Home (with limitations) • Home of a Nonrelated Legal Guardian • Small Family Home/Dual Agency Regional Center Homes • THPP (with limitations) • 2 NEW Placement Options for NMDs: • THP-Plus Foster Care • Supervised Independent Living (SILP)

39. NMD Must Be Placed in a Licensed or Approved Setting • Youth over 18 has to be in a licensed/approved facility or home. There are new licensing/approval standards for NMDs (more later). • NMDs may remain in their current placement without requiring a new placement agreement but if move, a placement agreement is required (more later). • When the foster youth approaches age 18 and wants to remain in the same placement, the caregiver and the youth may want to work on a Shared Living Agreement that will help define the different roles as caregiver and young adult (more later). 39

40. Limitations onGroup Homes for NMDs • Youth may only remain in group home if under age 19 AND continuing in group home is in NMDs best interest in order to complete high school or equivalent • Decision on group home placement is to be a youth-driven, team-based case planning process

41. Group Homes for NMDs(con’t) Once NMD completes high school or turns 19, whichever is first, continuing in a group home is prohibited UNLESS NMD has a medical or mental health condition (participation condition #5) and continuing in group home functions as a short-term placement

42. Case Plan for Group Home Placements (ACL 11-77) • If admission or continued placement in group home is necessary to finish high school or due to medical condition must detail reason in case plan. • Case plan must specify: • Why a group home is the best placement to meet the needs of the NMD • How placement will assist NMD’s transition to independent living • The treatment strategies that will be used to prepare the NMD for discharge to a less restrictive setting or more family like setting • A target date for discharge from the group home • Periodic review of the placement to ensure that it remains the best option for the NMD and progress is being made toward achieving the goal of independent living

43. Transitional Housing Placement Programs • There are 3 types of transitional housing placements for foster youth and emancipated foster youth: • THPP for minor dependents 16-18 • THP-Plus Foster Care for NMDs 18-21 • THP-Plus (regular, not foster care) for emancipated foster youth 18-24 who are either not to participating in EFC or are over age 21

44. Transitional Housing Program Housing • There are 3 types of transitional housing models for foster youth and emancipated foster youth: • Host Family Home • Single Site • Scattered Site (not available to foster youth16-18 years old except grandfathered-in youth)

45. Transitional Housing Placement Program (THPP for foster youth 16-18) • THPP ends at age 18 – after age 18, a youth continuing in foster care can participate in THP-Plus FC. • There will be a transition period to move youth from THPP to THP-Plus FC - explained by CDSS by July 31, 2012. • THPP currently allows minors to live in all 3 housing models (Host Family, Single and Scattered). • Scattered site housing will no longer be available for THPP minor foster youth unless the minor youth was placed in scattered site prior to October 1, 2012.

46. THP-Plus Foster Care • Budget Bill makes THP-Plus Foster Care a licensed placement by Community Care Licensing as a Transitional Housing Program Provider • The existing THPP license is an umbrella licensing category that now covers two categories of providers: • THPP providers serving youth 16 – 18 • THP-Plus Foster Care providers serving youth 18 – 21 • Makes THP-Plus FC an available licensed placement effective October 1, 2012 46

47. THP-Plus Foster Care • The All County Letter for THP-Plus Foster Care will be released by July 31, 2012 and will include instructions on the 4 steps needed to become a THP-Plus FC Provider: • Apply to CCL to become licensed as a Transitional Housing Program Provider • Become certified by an “applicable” county which may be similar to the Group Home/FFA host county letter of support process • CCL will subsequently license the provider as a Transitional Housing Provider • CDSS Rates will issue rate letter to provider

48. THP-Plus vs. THP-Plus FC HOW THEY ARE THE SAME • Provide youth a comprehensive range of supportive services, including educational, vocational & social support. • Affordable housing in three settings: • Scattered site (62%) • Single-site (25%) • Host home (13%) • Intensive case management: • 1 to 12 for non-parents • 1 to 8 for parents • Similar monthly rates (~ $2,500 - $2,800/mo) Host Family Home will have a lower rate than single or scattered • Both will have flat rate HOW THEY ARE DIFFERENT • THP-Plus FC is a IV-E eligible placement and will be licensed and THP-Plus is only certified by the county • Court supervision for THP-Plus FC • Child welfare or probation oversight • More comprehensive background clearance • Will use different data systems • Different ages • THP-Plus: 18 to 24 • THP-Plus FC 18 to 21

49. SILP Overview Supervised Independent Living Placement (SILP) is a new placement option for NMDs ready for greater independence. Providers may be in the position of assisting a youth transition into a SILP. • Limited to basic rate (currently $799.00/ month) and possibly CalFRESH • NMD may receive the foster care benefit directly • Settings may include but not limited to: • Apartment living • Renting a room (including w/ a relative) • Shared roommate settings • Dorms • Living situations with adult siblings, appropriate extended family members/NREFM, tribal members, or mentors should be explored 49

50. Approving a SILP Two step process to approve a SILP Assess NMD’s “readiness” to live in a SILP – taking into account the particular placement at issue Health and safety inspection of the physical space Note: this is not required for youth living in dorms or other college housing