Ensuring Educational Ensuring Educational Success for Children Success for Children

and Youth in Foster Careand Youth in Foster CareNAEHCY Pre-ConferenceNAEHCY Pre-Conference

November 5, 2011November 5, 2011

Outline for Presentation Child Welfare 101 Overview of Blueprint for Change:

Education Success for Children in Foster Care (Goals 1 through 8)

School Stability and Continuity (Goals 1&2) McKinney-Vento Act Fostering Connections Act

Case Scenarios Tools and Resources

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Who are the children and youth in out-of-home care?

Approx. 800,000 youth a year (1% of all US youth); over 500,000 on any day.

Disproportionately children of color 71% school age; 29% under age 5 20,000-25,000 young people

emancipate from the foster care system each year

The Whirlwind of Out-of-Home Care

Removed from home/parents/siblings• May not have had chance to say goodbye• Uncertain about where parents/siblings are

Living with strangers • In strange house/room/bed• Different customs/routine• Other children in home

Few or none of your possessions• Lucky to have trash bag of belongings

Uncertainty about future• Where will I live?• Will I return home?• Where will I go to school?

HOW DOES THE CHILD WELFARE SYSTEM WORK?

12 MonthsPermanency

PlanningHearing

Parents Relinquish

How the Child Welfare System Works:How the Child Welfare System Works:FROM CPS INTAKE THROUGH TO THE COMPLETION OF THE PERMANENCY PLAN

Intake

Assessment

Permanency Planning

Placement Options:Return to parent(s)Receiving Home CareAssessment Center Family Foster CareLicensed Relative CareUnlicensed Relative CareCrisis Residential CenterTherapeutic Foster CareHospitalizationGroup CarePreadoptive Home

72 hoursShelter Care

Hearing

30 days Dependency Case

Conference

75 DaysFact-Finding

Dependency Establishedby trial or agreementDisposition Hearing

6 Months Review Hearing

45 Days1st Set

Fact-Finding

Dependency GuardianshipLong Term Foster Care

(Youth ages out of system)

DependencyDismissed

Case Closed

Dependency Petition

Termination TrialParental Rights Terminated Adoption

Guardianship

Return Home Guardianship

Third Party Custody Dependency Guardianship

Long Term Foster Care(Youth ages out of system)

Some Important Distinctions Child Welfare system

involvement

Court Involvement

Entry into state custody and placed in out-of-home care

“Child welfare system involvement” Report of abuse Investigation Child welfare agency finding

Unsubstantiated Substantiated

Court Involvement Removal of children (or sometimes not)

Filing of a petition (emergency or non-emergency)

Preliminary Protective Hearing (Initial hearing)

Adjudicatory hearing

Dispositional hearing

Once a case exists Review hearings: at least once

every 6 months Permanency hearings: minimum of

once every 12 months Must establish what the permanency

plan for the child is at each hearing Must make a finding that reasonable

efforts to finalize the permanency plan have been made

Permanency Options Reunification Adoption Legal guardianship Another planned permanent living

arrangement (APPLA)

Child Welfare and Education

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Studies across the country, show children in foster care are struggling academically Approximately 54% of young adults discharged from care

have completed high school.

Fifteen-year-olds in out-of-home care were about half as likely as other students to have graduated high school 5 years later, with significantly higher rates of dropping out (55%) or incarcerated (10%).

Midwest Study showed youth in foster care on average read at only a seventh grade level after completing 10th or 11th grade.

Two to four times more likely to repeat a grade.

Only 2% obtain bachelor’s degree.

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What are the educational experiences of students in out-of-home care?

Of more than 1,000 foster care alumni surveyed in a Casey Family Programs national study, 68% attended 3 or more elementary schools; 33% attended 5 or more.

One study showed that over two thirds of children in care changed schools shortly after initial placement in care.

A University of Chicago study found that, by the 6th grade, students who had changed schools 4 or more times had lost approximately one year of educational growth.

A New York study found 42% of children did not start school immediately upon entering care; half of those did not start due to lost or misplaced records.

In a national study of 1,087 foster care alumni, youth who had even one fewer placement change per year were almost twice as likely to graduate from high school before leaving care.

Examples of the Barriers to Educational Achievement for Children in Care

• Lack of placement stability• Delayed enrollment • Children with special education needs

do not access/receive services • Over-representation in alternative

education • Confusion about legal rights

Blueprint for Change: Education Success for Children in Foster Care

8 Goals for Youth Benchmarks for

each goal indicating progress toward achieving education success

National, State, and Local Examples

Stakeholders: Those who affect the lives of children in foster care and must be involved in any reform

Family•Children, youth & alumni•Caregivers including parents, foster parents and relatives

Child Welfare •Caseworkers•Child Welfare Agencies

Education•Teachers & school staff•School systems

Court•Judges & Magistrates•Attorneys for all parties•Guardians Ad Litem•Court Appointed Special Advocates (CASA volunteers)•Special advocates•Tribal partners

Policymaker•Advocates•State or federal legislative staff

How To Use the Blueprint

Tool for direct case advocates- to enhance the education opportunity and achievement for children they serve.

Guide system reform efforts; identify strengths and areas that need improvement

Starting point for cross system collaboration; identify what each stakeholder can do to address particular issues

Goals for Youth

Goal 1: Remain in the Same SchoolGoal 2: Seamless Transitions Between SchoolsGoal 3: Young Children Are Ready to LearnGoal 4: Equal Access to the School ExperienceGoal 5: School Dropout, Truancy, and

Disciplinary Actions AddressedGoal 6: Involving and Empowering Youth Goal 7: Supportive Adults as Advocates and

DecisionmakersGoal 8: Obtaining Postsecondary Education

Goals 1 & 2

EDUCATION LAW McKinney-Vento Act

CHILD WELFARE LAW Fostering Connections to Success and

Increasing Adoptions Act of 2008

How do these laws overlap?

McKinney-Vento Homeless Assistance Act

42 U.S.C. §11431 et. seq.Rights - “School of Origin”

Transportation (districts split if disagree)

Immediate enrollment Eliminates typical obstacles (records, immunication

requirements)

McKinney-Vento liaisons and state coordinators

Children in Foster Care and Eligibility for McKinney-Vento Currently, some children who are, or who have

been, in out-of-home care are eligible for the benefits of the McKinney-Vento Act. Children living in emergency or temporary shelters Youth who have run away from foster placements and are

living in a homeless situation. Youth who have been abused or neglected and are living in a

homeless situation, but have not been placed in the custody of the child welfare system.

Youth who have aged out of foster care and are living in a homeless situation, but have not graduated from high school.

The definition of children eligible under the McKinney-Vento Act includes children “awaiting foster care placement.”

Definitions of “AFCP” (Spectrum) When child is in foster care they are not “awaiting foster

care placement” and therefore are not McKinney eligible Children in foster care in certain particularly unstable

placements (such as shelter placements) are considered McKinney eligible

All children pre-adjudication or disposition are considered McKinney eligible

Children in placements expected to last less than 6 months All children pre-finalization of permanency plan (e.g.

adoption; guardianship) are McKinney eligible All children in foster care are McKinney eligible

State examples of McKinney application

Delaware defines “awaiting foster care placement” as all children in foster care.

Massachusetts and Connecticut have reached state level agreements between their education and child welfare agencies to include certain children in foster care under McKinney Vento.

Other states and local jurisdictions have chosen to have informal policies to determine when a child in foster care is eligible under McKinney Vento.

Creating State Foster Care/Education Policies

Some states continue to debate which children in care are eligible under McKinney’s “awaiting foster care placement” and others have limited eligibility to certain subset of children in care

However, almost all agree that similar protections are NEEDED for all children in care. Many states have sought other means of establishing

these McKinney-like protections for all children in care. (Example: California AB 490- Jan. 2004)

Now with Fostering Connections, a new wave of state foster care/education legislation is underway

Foster Care and McKinney-VentoWhat we know: Many children in the foster care system are

being served under McKinney-Vento, but the numbers and the child’s situation vary by state.

All children in foster care need the kinds of protections provided in McKinney-Vento

McKinney-Vento is not currently designed to serve all youth in the foster care system

Fostering Connections to Success and Increasing Adoptions Act of 2008 Amends Title IV (Parts B and E) of the

Social Security Act Broad-reaching amendments to child

welfare law; requires court oversight Important provisions promoting

education stability and enrollment for youth in care

Changes child welfare law, but cannot be fully realized without collaboration from education system

Appropriateness and Proximity The child’s case plan must include

“assurances that the placement of a child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.”

42 U.S.C.A. 675(1)(G)(i)

School Stability The child’s case plan must include

“(I) an assurance that the state [or local child welfare agency] has coordinated with appropriate local education agencies … to ensure that the child remains enrolled in the school in which the child was enrolled at the time of placement”

42 U.S.C.A. 675(1)(G)(ii). Unless moving is in the child’s best interest – in

which case – go to part II (immediate enrollment).

ACYF-CB-PI-10-11 July 9, 2010 – Program Instruction Education Stability Plan must be a written

part of the case plan, reviewed every 6 months.

Agency could invite school personnel, agency attorneys, guardians ad litem, youth, etc. to discussions about the education stability plan.

Agency is encouraged to develop standard and deliberate process for determining best interest and properly documenting the steps taken to make the determination.

Key Questions to Consider When Making a Best Interest Determination How long is the child’s current placement expected to

last? What is the child’s permanency plan? How many schools has the child attended over the past

few years? How many schools has the child attended this year? How have the school transfers affected the child emotionally, academically and physically?

How strong is the child academically? To what extent are the programs and activities at the

potential new school comparable to or better than those at the current school?

Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?

Which school does the student prefer?

Key Questions to Consider When Making a BI determination cont….

How deep are the child’s ties to his or her current school? Would the timing of the school transfer coincide with a

logical juncture such as after testing, after an event that is significant to the child, or at the end of the school year?

How would changing schools affect the student’s ability to earn full credits, participate in sports or other extra-curricular activities, proceed to the next grade, or graduate on time?

How would the length of the commute to the school of origin impact the child?

How anxious is the child about having been removed from the home and/or any upcoming moves?

What school do the child’s siblings attend? Are there any safety issues to consider?

ACYF-CB-PI-10-11 July 9, 2010 Program InstructionExamples of Best Interest Factors: Child’s preference Safety of the child Appropriateness of current

educational programs in current or other school and how the schools can serve the child’s needs (including special education)

COST SHOULD NOT BE A FACTOR!

Transportation The term foster care maintenance

payments includes “reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.” 42 U.S.C.A. 675(4)(A).

July 2010 Program Instruction reiterates previous guidance that Title IV-E administrative costs can be used for school transportation.

Transportation: Considerations Permissible use of Administrative Costs or Foster

Care Maintenance Payments (only applies to IV-E eligible children in care).

Can be paid to child’s provider or separately to the transportation provider.

Some children may already be receiving transportation from other sources (M-V, IDEA, etc.)

State match required. Reimbursement to foster care provider or caretaker,

transportation provider, etc. Extracurricular transportation, school meetings, etc.

Enrolling in a New School If remaining in the same school is not

in the best interest of the child, the child’s case plan must include “(II) … assurances by the State agency

and the local education agencies to provide immediate and appropriate enrollment in a new school, with all of the education records of the child provided to the school.” 42 U.S.C.A. 675(1)(G)(ii).

Enrollment In New School Issues How are immediate and appropriate

defined? Requires collaboration between

school and child welfare agency. How to ensure records follow student?

State Implementation of Education Provisions of Fostering Connections

Many states have or will pursue legislation or other policy changes to be in compliance with Fostering Connections

Provides an opportunity to incorporate some of the known strengths of McKinney-Vento into child welfare/education state policy; such as: Creation of a liaison or key point of contact in both child welfare and

education agencies Requirement for education agency to coordinate Consider state funding streams to support school of origin transportation

for children in foster care who are not McKinney eligible Creation of protocols for best interest determinations as well as process

for dispute resolution Identifying role of the court in these processes given the children in care

are court involved.

Fostering Connections Myths Children in foster care won’t be MV

eligible anymore, now that there is Fostering Connections. False. Children in foster care can be eligible under

both laws. McKinney eligibility is determined by state interpretation of MV and AFCP

Children in foster care don’t need MV eligibility anymore, now that there is Fostering Connections. False. MV provides far greater rights and

protections for eligible children, so the greatest protection for children in foster care is eligibility under both.

Fostering Connections Myths, cont… Child welfare agencies and advocates now

get to determine which children are eligible under MV. False. MV eligibility is still determined in the same

way it has always been for all MV eligible students. Child welfare agencies are now focused on best interest determinations as well, as it relates to FC, but these determinations do not replace the MV eligibility process in place in states. Child welfare advocates views on best interest should be factored into MV eligibility determinations.

Fostering Connections Myths, cont.. Now that there is Fostering

Connections, child welfare agencies automatically take the place of the parent when making education decisions for the child. False. Nothing about Fostering Connections

changes the role of parents to be involved in education decisions for the child. The parent’s role in MV decisions, before and after Fostering Connections, may be impacted by statute or court determination.

Fostering Connections Myths, cont… Children in foster care who are eligible

under MV now must have transportation costs to remain in their home school covered under IV-E child welfare dollars. False. Children in care eligible under MV who

require transportation to remain in their same school are still entitled to transportation by the school in accordance with MV, although child welfare agencies should collaborate to support those efforts as much as possible. All children in foster care are not eligible under IV-E, making MV support for transportation costs even more critical for those children.

How Can Fostering Connections Helps McKinney Vento Liaisons?

For Children in Care who are McKinney-Vento eligible: Requires child welfare agencies to focus on education

stability for children care, including court oversight to ensure accountability

Child welfare agencies are a partner to the liaisons in ensuring school stability

Requires child welfare agencies to consider proximity to the child’s home schools when making living placement changes- which may decrease school mobility

Opportunity to further stabilize children who fluctuate between foster care involvement and homeless situations.

How can McKinney Vento liaisons help with Fostering Connections Implementation?

For children in care who AREN’T McKinney Vento eligible While not part of official MV duties, you could be the critical

link between child welfare and your school or district Implementation of FC in your school or district can be

benefited from successes learned from MV implementation Enrollment protocols and record transfer policies Best interest determinations; dispute resolution Transportation arrangements or agreements

Helping to implement Fostering Connections for children in foster care, including use of IV-E maintenance dollars to support transportation needs, could help stabilize the child in a more permanent (non MV eligible living placement) and avoid a move to a temporary (MV eligible) placement.

Case Scenarios

Case Example: RICKY

Fourteen-year-old Ricky and his 8-year-old sister Tracey have been in the custody of the Department of Human Services for several years, placed in the same foster home. Two weeks ago (October 15th), Ricky’s foster family contacted his case worker to inform her they could no longer have Ricky in their home. With little time to find an alternate placement, the case worker has secured a space for Ricky in the Capital City Youth Center. It is unclear how long Ricky will remain at Capital City, although his permanency plan calls for adoption. A court hearing is scheduled for next month.

Is Ricky covered by the McKinney-Vento Act?

What school should Ricky attend?

Is Ricky covered by the Fostering Connections Act?

How should Ricky get to and from his school?

What can those working with Ricky do to ensure his success in school?

Mariana, Age 17

Mariana is also staying at Capital City. She is a 17 year old girl who ran away from her home in another state several months ago because her stepfather was abusing her. Mariana’s mother believes it is better for the family if Mariana stays away from home. Mariana is not in the custody of the child welfare agency. She has been out of school and surviving on her own since leaving home, but hopes to enter Capital City’s

transitional housing program and return to school soon.

Is Mariana covered by the McKinney-Vento Act?

Is Mariana covered by the Fostering Connections Act?

What school should Mariana attend?

How will Mariana’s new school ensure she can participate fully in school?

Tools and Resources

Endless DreamsEndless Dreams Video & Curriculum—Casey Family

Programs

• These practice-oriented tools were designed to support educational advocates, education specialists, education liaisons, CASA volunteers, child welfare professionals, and others that assist youth in care with their educational needs.

• This curriculum was developed to educate educators about the unique educational needs of youth in foster care.

• Access to the curriculum requires participation in a certified trainer of trainers program.

For free videos, and information about Endless Dreams, contact contactus@casey.org

Collaboration between ABA, Annie E. Casey Foundation and Casey Family Programs, in conjunction with the Juvenile Law Center and Education Law Center.

A national technical assistance resource and information clearinghouse on legal and policy matters affecting the education of children and youth in out-of-home care.

Website: www.abanet.org/child/education Listserv, Conference Calls, Publications,

Searchable Database

Legal Center for Foster Care and Education Resources

www.ambar.org/LegalCenterMATERIALS Data and Information Sharing (Manual

and Tools) McKinney-Vento and Fostering

Connections Overlap Series Fostering Connections Toolkit State Law Chart and AFCP Chart Searchable Database

Contact Information

Kristin Kelly - ABA Center on Children and the Law, Legal Center for Foster Care and EducationKristin.Kelly@AmericanBar.Org

Debbie Staub - Casey Family Programs

dstaub@casey.org