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G2 Meeting. September 4, 2014. Agenda. Opening Remarks Policy Update: Willie Armstrong Amerigroup Update: Ursula Davis Permanency Benchmarks: Jim Dimas County Updates Closing Comments : Director Bobby Cagle. Opening Remarks. Policy Update. Willie Armstrong.
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G2 Meeting September 4, 2014
Agenda • Opening Remarks • Policy Update: Willie Armstrong • Amerigroup Update: Ursula Davis • Permanency Benchmarks: Jim Dimas • County Updates • Closing Comments: Director Bobby Cagle
Policy Update Willie Armstrong
Georgia Division of Family and Children Services • Child Welfare Policy Manual • Chapter 9: Eligibility and Chapter 10: Foster Care • Presenter: Programs and Policy • Presentation to: G-2 Meeting • September 2014 Interim Director Bobby Cagle
ELIGIBILITY • The Eligibility chapter provides requirements, procedures and practice guidance related to eligibility for funding of placement and medical services for children in foster care. • This chapter replaces the former Chapter 1003 of the Foster Care Services Manual and includes an updated policy format.
ELIGIBILITY • The policies in the new Eligibility chapter have been updated to include the following: • New Juvenile Code • Processes for Medicaid and Title IV-E funding • determinations • Title IV-E language eligibility requirements including • “contrary to the welfare” and “reasonable efforts” • requirements • SHINES processes for eligibility determination • Several changes to the Reasonable Efforts policy
ELIGIBILITY Reasonable Efforts Updates to when reasonable efforts are not required include: 1. When parental rights have been involuntarily terminated with respect to a child’s sibling and the circumstances leading to such termination have not been resolved; 2. When the parent or legal guardian has committed sexual abuse against the surviving child or another child of the parent; or 3. When the parent or legal guardian is required to register as a sex offender under section 113 (a) of the Adam Walsh Child Protection and Safety Act of 2006.
Eligibility • Reasonable Efforts • Outlines the reasonable efforts DFCS must demonstrate at each hearing • Incorporates factors considered by the court in determining reasonable efforts • Incorporates the definition of aggravated circumstances
Eligibility Reasonable Efforts Aggravated circumstances means the parent has: a. Abandoned a child; b. Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of such parent; c. Subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; d. Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, conspiring, or soliciting the murder or voluntary manslaughter of his or her child's other parent; e. Committed the murder or voluntary manslaughter of another child of such parent; or f. Committed an assault that resulted in serious bodily injury to his or her child or another child of such parent.
Foster Care The Division of Family and Children Services’ (DFCS) Foster Care Program functions to strengthen families, protect children from further abuse/neglect, and assure every child has a permanent family. When it is necessary for children to experience out of home placements due to safety threats in their own homes, DFCS is committed to ensuring their safety and well-being, while also pursuing permanency.
Foster Care The policies in this new foster care chapter have been updated to include the following: • New Juvenile Code (including code references) • Title IV-E of the Social Security Act (IV-E language is italicized in related policies) • Child Abuse Prevention and Treatment Act (CAPTA) • Adoption and Safe Families Act (ASFA) • Fostering Connections and Increasing Adoptions Act • Other relevant Federal and State statutes
Foster Care Placement of a Child • Includes court approval of placement at removal • Consolidates and updates procedures for when a child enters foster care • Incorporates Title IV-E requirements regarding preference to relative placements over non-relative placements and completion of a diligent search for relatives within 30 days • Incorporates a staffing every 90 days to determine if children placed in Child Caring Institutions can be stepped down to a less restrictive setting • Includes a new requirement to conduct a home visit and an assessment of the home within seven (7) days of the placement being made
Foster Care Placement of a Child via Voluntary Placement • Updates procedures before entering into a Voluntary Placement Agreement (VPA) • Updates the VPA form to include rights and responsibilities for the parent/caregiver, DFCS and the child • The VPA must be signed by both legal parents and the County Director/Designee
Foster Care Changes in Placement • Dedicates a policy section with requirements, procedures and practice related to a child changing placements; includes guidance on Trial Home Visits • Outlines notification procedures for placement changes and updates persons to be notified to include children 14 and older and the Guardian ad Litem (GAL) • Clarifies whether notification is needed for respite placements
Foster Care Placement Resources • Allows child in DFCS custody to be placed with fictive kin; however, these caregivers must become foster parents to receive financial assistance while the child is in DFCS custody • Fictive kin is defined in the Juvenile Codes as a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact. • Updates the definition of relative to include the spouse of any person related by blood, marriage or adoption even if the marriage was terminated by death or divorce • Requires an assessment of all policy violations in placement resources to ensure continued appropriateness of the placement
Foster Care Relative/Non-Relative Care Assessments (R/Non-RCA) • Incorporates the Office of Inspector General requirements for criminal background checks • Updates the Child Protective Services (CPS) screening process for relatives to include review of SHINES External Documents and ACCURINT searches • Provides guidance on how to document safety screenings
Foster Care Placement and Re-Placement Safety Screenings • New policy incorporates previous Social Services County Letters (SSCL 2012-06) and clarifying memo dated 12/7/12 • Requires Case Managers to conduct, review and assess the following prior to placement and re-placement: • SHINES Child Protective Services history; • SHINES Foster/Adoptive Policy Violations; • PSDS; Internal Data System (IDS) Online Master Index-persons born prior to June, 2008; IDS Placement Central; County Master File only on new household members 18 years and older. For existing household members, review SHINES Records Check Summary to ensure prior check is documented; • Out-of-State Abuse and Neglect Registry only when there are new household members 18 years and older who have resided in another state since previous safety screening.
Foster Care Financial and Non-Financial Supports • Eliminates the Relative Care Subsidy/Enhanced Relative Care Subsidy option for families not already receiving it prior to 1/1/14 • Eliminates the $10/day option for subsidy payments and provides for use of only the 80% of basic foster care rate for all subsidy payments. Families already receiving the $10/day will continue to receive $10/day as long as they remain eligible and funding is available • Outlines reasons to suspend or terminate a subsidy • Creates a recoupment process for overpayments similar to the Adoption Assistance recoupment process • Changes school requirements for 18 year olds to also include registered home study program and accredited GED course
Foster Care Financial and Non-Financial Supports (Cont’d) • Removes the $150,000 income limit for the caregiver’s family • Removes the ability for a potential guardian to receive a subsidy 6 months prior to obtaining permanent guardianship; Non-relatives must become approved as foster parents in order to receive payment while caring for children in DFCS custody • Specifies the need for relatives to meet the Temporary Assistance for Needy Families (TANF) degree of relationship to receive a relative subsidy due to TANF requirements • Updates the subsidy agreement forms to include: reasons for suspension or termination of the subsidy and language related to recoupment of overpayments
Foster Care Six and/or 12 month Reviews of ERR, RCS, SG, NRSG • Adds a six month paper review to Relative Care Subsidy, Subsidized Guardianship and Non-Relative Subsidized Guardianship cases to ensure ongoing monitoring • Consolidates the 12 or 36 Month Court Review Form and the subsidy review form
Foster Care Comprehensive Child and Family Assessment (CCFA) • Requires a Trauma Assessment as a component of the CCFA for every child (currently, age five and older) who enters foster care; Psychological Evaluations, etc. are optional as needed • Provides guidelines for terminating a CCFA if a child exits care at the ten (10) day Adjudicatory Hearing prior to completion of the CCFA • Requires providers to submit the completed CCFA to DFCS no later than 25 calendar days from the referral • Requires a full dental exam for children entering care • Incorporates CMO transition information
Foster Care Medical, Dental, and Developmental Needs • Unbundles policy from the previous Foster Care Services Manual (1011: Needs of the Child) • Incorporates Title IV-E requirements related to sharing health records with caregivers and with children • Requires DFCS to invite parents to attend all of their children’s medical and dental appointments unless prohibited by court order or child safety concerns • Provides guidance for serving children with “high risk” medical conditions and working with Regional Well-Being Specialists (RWBS) • Incorporates CMO transition information
Foster Care Psychological and Behavioral Health Needs • Unbundles this policy section from the former Foster Care policy 1011: Needs of the Child section • Provides guidance for serving children with “high risk” behavioral needs • Incorporates role of the Regional Well-Being Specialists (RWBS) • Incorporates CMO transition information
Foster Care Educational Needs • Unbundles policy from the previous Foster Care policy 1011: Needs of the Child section • Incorporates Title IV-E and Child Abuse Prevention and Treatment Act (CAPTA) requirements regarding compulsory school attendance and educational stability for children in care • Highlights supports available through the Educational, Programming, Assessment and Consultation Section (EPAC) • Incorporates guidance regarding access and use of the Statewide Longitudinal Data System (SLDS) via Georgia SHINES
Foster Care Spiritual, Social, and Recreational Needs • Unbundles this policy section from the previous Foster Care policy 1011: Needs of the Child section • Clarifies the requirements for approving out-of-town travel for children in DFCS custody
Foster Care Child Safety Equipment • Unbundles policy from the previous Foster Care policy 1011: Needs of the Child section • Requires children in motor vehicles to be properly restrained in appropriate child passenger seat, booster seat, or appropriate safety restraint system in accordance with state law • Requires children under 16 years old to wear safety helmets when operating or riding as a passenger on bicycles and skateboards
Foster Care Childcare Needs • Unbundles policy from the previous Foster Care policy 1011: Needs of the Child section • Explains the referral requirements for Childcare and Parent Services (CAPS) in social services cases • Raises the minimum age for a provider to be approved for CAPS reimbursement to age 21 in accordance with Department of Early Care and Learning (DECAL) requirements
Foster Care Service Needs of an Immigrant Child • Unbundles policy from the previous Foster Care policy 1011: Needs of the Child section • Incorporates Title IV-E requirements and procedures for verifying the citizenship or immigration status of any child in foster care • Includes procedures for Consular notification and provides access to a listing of all Foreign Consular Offices in the United States • Outlines basic requirements for the Special Immigrant Juvenile Status
Foster Care Purposeful Contact Requirements • Unbundles this policy section from the previous Foster Care policy 1011: Needs of the Child section • Outlines the requirement for making purposeful contacts at a minimum of monthly with children in the care and/or custody of DFCS • Outlines the requirement for all contacts to be documented in Georgia SHINES within 72 hours of occurrence
Foster Care Purposeful Contact Requirements (Cont’d) • Requires face-to-face contact with any child in care who is seriously injured or has attempted self-injury or suicide within 24 hours of notification • Requires firsthand collateral contacts each month with other individuals who have information regarding a child’s safety, well-being or a caregiver’s protective capacity
Foster Care Visitation • Requires each child who enters care to have a face-to-face family (parent/caregiver and sibling) visit within seven (7) calendar days of the date of removal • Provides guidance on the importance of increased visitation and the quality of parent-child visits such as the inclusion of parenting opportunities to help parents “practice” skills learned
Foster Care Preserving Sibling Connections • Incorporates Title IV-E requirements regarding reasonable efforts to place siblings together in the same out-of-home placement unless it is determined to be contrary to their safety or well being • Requires weekly (formal or informal) contact between siblings in foster care • Provides the updated statutory definition of a sibling which now states that a sibling is a person with whom a child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution
Foster Care Minor Parent Expecting or Who has a Child While in Care • New policy in the foster care section as this was only previously captured as the Title IV-E requirement in the Eligibility Chapter of the Foster Care Services Manual • Develops procedures and practice guidance on working with minor parents in foster care including minor fathers
Foster Care Permanency Planning • Permanency plans available include reunification, adoption, guardianship and another planned permanent living arrangement • Removes Live With Fit and Willing Relative (LWFWR) as a permanency plan option based on new Juvenile Code • When selecting a lower hierarchy plan, documentation must support why the higher plans are not in child’s best interest • Incorporates procedures and practice guidance around concurrent planning. Concurrent planning is working on a reunification plan while also working on an alternative permanency plan. This is a Title IV-E requirement.
Foster Care Permanency Planning (Cont’d) • Adds policy that no permanency plan should be finalized with any caregiver who has a pending CPS investigation until concurrence is received from the State Office • Provides the new Juvenile Code definition for permanent placement • Updates when permanent guardianship is best used as a permanency option • Requires a minimum of six months of DFCS’ supervision of a child’s placement with potential guardian prior to recommending permanent guardianship • Requires waiver from State Office Permanency Director/Designee for guardianship to be selected as the permanency plan for any child under 14 or who is free for adoption
Foster Care Case Planning • Removes LWFWR as a permanency plan option based on the new Juvenile Code • Updates what must be included in a case plan per Title IV-E and the new Juvenile Code; however, Child Welfare County Letter 2014-03 (Case Plan Requirements and Documentation) is still applicable • Incorporates timeframes to submit case plans to the court • Incorporates notification of and participation by the Guardian ad Litem in case plan development
Foster Care Case Planning (Cont’d) • Incorporates the Plan of Safe Care for children identified by medical personnel as being affected by prenatal exposure to substances or by Fetal Alcohol Spectrum Disorders (FASD)
Foster Care Missing Children • Unbundles this policy section from the previous Foster Care policy 1011: Needs of the Child section • Outlines the actions to be taken when a child in DFCS custody is believed to be missing • Directs staff not to disclose that the child is in foster care when contacting the National Center for Missing and Exploited Children (NCMEC)
Foster Care Youth Absent Without Permission • Unbundles policy from the previous Foster Care policy 1011: Needs of the Child section • Outlines the actions to be taken when a child in DFCS custody is absent from his or her placement without permission
Foster Care Conditions for Return • New policy which highlights assessments that must be made when considering reunification with a caregiver • Requires immediate response to ensure child safety if any safety concerns arise after reunification
Foster Care Case Closure • Requires authorization from the Juvenile Court prior to closing a foster care case • Requires recommending closure when a child has achieved permanency in a safe, stable placement setting with appropriate supervision • Restricts aftercare services to a period not to exceed six (6) months unless a longer period is ordered by the court
Amerigroup Update Ursula Davis