Title IV-E Probation Claiming

1. Title IV-E Probation Claiming Deborah LaFayette cpoc@charter.net

2. Title IV-E of the Social Security Act • Children placed in out-of-home care (AFDC-FC) • Services and activities which reduce or eliminate the need to remove a child from his/her home. (Administrative costs) • Services and activities which reunify a child with their family or create a permanent plan for the child. (Administrative costs) • Department of Health and Human Services (DHHS) administers program for feds.

3. Title IV-E Congress Provided Funds For: • Eligibility Determination • Foster Care Maintenance Costs • Adoption Assistance • Administrative costs deemed necessary by the Secretary for the proper administration of the program • 45 CFR 1356 - time study categories

4. Missouri Decision (1987) • Department of Health & Human Services • Departmental Appeals Board • AKA "Supreme Court of Grants" • DAB Decision No. 844 • eligibility determination (negative as well as positive) • administrative costs incurred for those children the state reviews as reasonable candidates (at serious risk of removal).

5. ACYF-PA 87-05 3 ways to document reasonable candidate status • an eligibility determination form under Title IV-E; or  • evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, court order, or a transcript of the court’s proceedings; or • a defined case plan which clearly indicates that “absent effective preventive services, foster (i.e., out-of-home) care is the planned arrangement for the child.” • Note: this is not a definition of “reasonable candidate”

6. Chronology for Title IV-E • State Budget Woes 1990-91 - CPOC / CDSS Negotiations • CFL 90/91-58 • CPOC Title IV-E Guidelines (1992) • Adoption and Safe Families Act (1997) • AB 575 – Changes to WIC • SB 933 – Group Home Monthly visits • “Final Rule” (January 2000) Changed child welfare audit goals and procedures • Led to AB 636 • ACYF-PA 01-02 (July 2001) • Budget Deficit Act 2006

7. State Requirements • A single State agency is designed to claim federal Title IV-E. In California the agency is the California Department of Social Services (CDSS) • The agency must develop a “state plan” and regulations for implementation of Title IV-E requirements. The regulations are: • Division 31 Assessment and Case Plan • Division 45 Eligibility AFDC-FC

8. County Requirements • The state plan designates implementation at the local level through the county’s Social Services Agency. • Each county submits a claim to the state. The state then combines and submits one claim to the Feds. • Probation Departments claim for their services via a required Memorandum of Understanding (MOU) with the local agency.

9. Reasonable Candidate • A child at imminent* risk of removal from the home because…. • Delinquency, behavior, abuse are not sufficient by itself to make child reasonable candidate (PA 01-02). • Absent effectiveness of articulated services, foster care is the plan for the child. • This MUST be documented prior to claiming any Title IV-E administrative costs. • NOTE: The original term “serious” in the DAB was changed with the Deficit Reduction Act 2006 by congress defining in code as “imminent”

10. Assessment & Case Plan Overview • Assessment and Case Plan are evolving documents that can and are changed or modified over time as the needs of the child and family change. (31-320) • Division 31 regulations allow for a “Two-Tier” case plan process. • 31-206.1, 31-206.2 (except .222) & 31.206.4 for Family Maintenance • 31-206.222 and 31-206.3 if/when placement

11. Assessment & Case Plan • W&I code 706.5: Assessment and Case Plans are required within completed time frames for children being placed in out-of-home care. • 706.6 W&I defines case plan content. • If the probation department is claiming Title IV-E administrative costs for children not being placed out-of home, an assessment and case plan for “family maintenance” is required (as defined in Division 31) and the child must meet the “reasonable candidate” requirement. • 636.1 W&I has time lines for reasonable candidate cases

12. The relevant social, cultural, and physical factors relating to the following: The child. The child's parent(s)/guardian(s) or person(s) serving in that role. Other significant persons, including children and siblings, who are known to reside in the home. The apparent problems, and possible causes of those problems, which require intervention and the family strengths which could aid in problem resolution. Assessment Requirements(Division 31-205)

13. Whether the child may safely remain at home if pre-placement preventive services are provided, and, if so, the specific services to be provided. If the child is a parent, any special needs of the child with regard to his/her role as a parent. Any known social services previously offered and/or delivered to the child or family and the result of those services. Assessment Requirements

14. Assessment Requirements • The need, if known, for any health/medical care. • If placement is being recommended, you must also document relatives or others who could provide or assist with legal permanency - adoption, guardianship, or preparation for independence should family reunification fail. • Notice to the parent, Indian Custodian, and tribe must be sent if the child is an American Indian. (ICWA)

15. Measurable, time-limited objectives. Specific services to be provided and case management activities to be performed. Specific descriptions of the responsibilities of the PO Projected date for completion of case plan objectives. Date services are to be terminated. Case Plan RequirementsIf the child is not being removed from the home.

16. Case Plan RequirementsIf the child is not being removed from the home. • Schedule of planned contacts and visits with the child and the family. • Exceptions to visiting requirements must be documented. • Supervisor MUST sign and date the case plan. • Parent MUST sign and date the case plan or you must document attempts, dates.

17. Two service tracks must be identified for children receiving family reunification services. Reunification (up to 18 months, reviewed every 6 months. Permanency Determination and description of the type of home or institution which will best meet the identified needs. Case Plan RequirementsIf the child is being removed or recommended to be removed from the home.

18. Efforts to place siblings together and reasons why they were not placed together, if applicable. Rationale for out-of-county placement and description of responsibilities of sending and receiving counties. For out-of-state placement you must have MDT recommendation as well. ICWA responsibilities Reasons child placed a substantial distance from home. Case Plan RequirementsIf the child is being removed or recommended to be removed from the home.

19. Schedule of visits with parents and grandparents or documentation why visits will not be done. Schedule of visits with provider. Health and Education information about the child and planned health care and education while the child is in out of home care. Independent Living Plan for child 16 years or older. Case Plan RequirementsIf the child is being removed or recommended to be removed from the home.

20. Time Frames for Completion • If child is going to out-of-home care (you are recommending placement), the case plan must be completed within 60 days from date of removal or by disposition. • Date of Removal is date of arrest which results in out of home care. • If child is to receive Family Maintenance Services and the Department is claiming Title IV-E, the case plan must be completed and signed within 60 days of the initial removal or face-to-face contact or disposition which ever is first. (31-310)

21. If you cannot obtain all information in the required time frames • Document all attempts to obtain the information. This is NOT a one-time effort • Complete all elements of the case plan that you can and sign it. • Have the case plan reviewed, approved and signed by your supervisor.

22. Case Plan Evolution • Your case plan is never static. It is not something you fill out and forget. It needs to be updated as needed for: • Changes in circumstances, behavior, improvements • Changes in plans, completion of goals. • Referral dates and service completion dates

23. Case Plan Updates • At minimum, every six months when the child is in the home. • To continue to claim Title IV-E Administrative costs, the update must include why the child continues to be a “reasonable candidate” for foster care. • For children in placement these coincide with the required Court hearings.

24. Case Notes • Case notes demonstrate follow-up with case plan. • Bad: “2/4 saw minor, all okay” • Good: “2/4/07 visited with minor at school. Has been attending regularly, grades improving. Has not yet seen substance abuse counselor. Instructed him to do so. Minimal progress in resolving family issues.”

25. Visiting “Reasonable Candidate” • Division 31 definitions: • Visit = face-to-face • Contact = phone, correspondence or face-to-face • PO shall visit each child and parent with an approved case plan who remains in the home at least once each calendar month. (31-320.3 & 31-325.2) • Exceptions are listed. • Visit must be documented.

26. Visiting Children in Foster CareDivision 31-320 • Visits with the child must be done at least once each calendar month. • Exceptions to Visiting Requirements • Court approval for a specific visiting schedule. • Child is placed with relative, guardian, or foster family under Interstate Compact and receiving state is providing case information to PO • THERE IS NO EXCEPTION FOR MINORS IN GROUP HOMES. THEY MUST BE VISITED MONTHLY. • Visits must be at least two weeks apart.

27. Parent/Child Visits • The Probation Officer shall arrange for visits between child and the parent(s) or guardian(s) named in the case plan no less frequently than once each calendar month for children receiving family reunification services. (31.340.2)

28. Title IV-E TIME STUDY PROCEDURES

29. Why do I need to do a Time Study? • Title IV-E pays for between 20% and 35% of a county’s juvenile services. • Activities MUST be fairly apportioned between this program, other federal and non-federal programs.

30. Who must do a Title IV-E Time Study • All Probation Officers involved with juvenile offenders where Title IV-E is claimed MUST time study. • All support staff and first line supervisors who are not 100% dedicated to support of Juvenile Probation Officer activities MUST time study. If they are 100% dedicated to these activities they may be included in the cost pool without doing a time study.

31. Basic Time Study Form

32. Time Studies • Staff MUST complete their time study on a daily basis. • Time is allocated to closest 15 minute interval. • Break time should be recorded to the activity being performed prior to the break. • All paid hours must be recorded.

33. Claiming to Title IV-E categories • Claiming categories B through J are to be used to record time ONLY for activities related to a child where case file documentation indicates the child is a reasonable candidate for foster care because they are at imminent risk of removal from the home and the developing/existing case plan indicates that absent the prevention services foster care is the plan for the child. These same activities performed on behalf of a child who is NOT a reasonable candidate must be recorded in Category L – Probation Only

34. Record time to categories B through H when… • The child is not in residential placement or detention, is at imminent risk of removal, the case file has documented the child is a reasonable candidate because of the imminent risk and the department is making reasonable efforts to prevent removal.

35. Category B – Eligibility Determination • Eligibility determination means determination of eligibility for federal financial participation in payment of monthly foster care maintenance costs (payments made to foster parents or group homes.

36. Category B – Eligibility DeterminationTypes of activities • Birth certificates or other documents establishing date and place of birth • Citizenship or resident alien status • Social security number(s) of minor and parent(s)/guardian(s). • Family income • Family members residing in the home / relationship to minor • Any form of public assistance family members may be receiving • Any health or disability issue which might make the family eligible for public assistance. • Completing foster care assistance applications, eligibility determination information for foster care.

37. Category C – Foster Care Licensing • Providing public information to encourage potential foster parents to volunteer • Assessment of potential foster parents and their homes • Certification/re-certification of foster family agency homes • Temporary certification of foster homes pending foster home licensing.

38. D1 - Training • Any training that although not directly related to the allowable Title IV-E activities is necessary for the proper administration of the California Title IV-E State Plan. Examples would include: • Report writing • General communication • Ethnic Diversity • Computer applications necessary for maintaining case work documentation. • Alternative treatment approaches

39. D2 – Enhanced Training • Training directly related to allowable Title IV-E activities as listed in Title 45, Section 1356.60 Code of Federal Regulations for Title IV-E eligible staff (probation officer/case worker) only. These activities are: • Referral to services • Preparation for and participation in judicial determinations • Placement of the child • Development of the case plan • Case reviews • Case management and supervision • Recruitment and licensing of foster homes and institutions

40. Training Category Note • Training related to peace officer responsibilities must be coded to Category L (Probation Only). Examples of this type of training would include 832 P.C., most of the CORE training curriculum, searches, management of assault behavior, arrest procedures. • 85% content rule and 2 person minimum DAB 2110

41. Category E – Court RelatedExamples of activities • Reviewing applications for petition for removal from the home (not a criminal petition). • Interviewing youths, family members, other persons with significant involvement with the child and family. • Collecting information from collateral sources such as schools and counseling agencies • Conferring with attorneys, supervisors, etc. • Writing reports and submitting them • Time spent in court as a witness, court officer, or in discussions with the judge and/or attorneys • Time spent recording court orders or clarifying court orders immediately after the hearing

42. Category F – Treatment & Counseling • Time spent providing treatment or therapeutic counseling services or documenting those services to a child or a child’s family in order to ameliorate or remedy personal problems, behaviors, or home conditions. • The distinction between this category and case management is that often probation officers refer families to professional counselors or counseling agencies to obtain these kinds of services. When such a referral is made, the activity is case management. When the probation officer personally provides the service, time so spent should be recorded in the Treatment and Counseling category.

43. Category G – Preventative Case Management Activities • Case management entails determining what needs to be accomplished in a case, setting specific goals, establishing a plan of action to reach those goals, arranging for utilization of resources, monitoring progress toward goals, maintaining case records, and modifying the case plan as necessary. In short as the name implies, these activities are focused on managing what happens rather than providing direct service.

44. Category G – Case ManagementExamples of activities • Assessment of case dynamics prior to developing a case plan • Development of case plans • Completion of needs or risk assessments • Development or revision of an appropriate plan of care for a child including the initial individualized case plan, a comprehensive reunification plan or a permanency plan for the child • Supervision and monitoring (i.e., school visits, home visits, etc.) • All planning, assessments, and paperwork that contribute to the above activities • Collateral contacts with parents, family members, teachers and other significant adults or peers related to the development, revision or supervision of a child’s case plan • Determination of the need for and referral to appropriate therapeutic and social services required by the child and/or family as specified in the case plan • Preparation and/or participation in case and administrative reviews, case conferences, staffing, or permanency planning meeting • Referral of parent to community/placement resources

45. Category H – Foster Care Case Management Activities • Case management activities (as listed in Category G) incurred when the activity is directed to a child who is in an allowable residential placement. Placement must be non-secure.

46. Group Home Monthly Visits • This category is to record all time, including travel time, spent visiting youth placed in Group Homes. These monthly visits are mandated per SB933

47. Category K – Non Allocable • This category is used for all paid time during which no work related activity is expected, for example • Vacation/compensatory time off • Paid holidays • Sick time • Jury duty

48. Category L – Probation Only • Working with youth NOT at imminent risk of removal, youth in an unallowable setting, or supervising and monitoring youth performing an unallowable activity. Note: Unallowable settings include detention, secure placements, boot camps, and facilities with more than 25 beds and for whom an arm of the government has final administrative control

49. Category L – Probation OnlyExamples of activities • Routine contacts and communication with youth not at imminent risk of removal or youth in an unallowable setting • Family assessments of youth not at imminent risk of removal or youth in an unallowable setting • Supervision/monitoring youth in detention • Supervision of youth performing community service • Travel associated with above activities • Any activity related to peace officer/law enforcement responsibilities and peace officer training

50. Calculating the Claim • Excel Workbook • Time study hours • Cost Pool • ICRP • Calculation (put in FER) • Claim to CWD