Implementation of the Fostering Connections to

Success And Increasing

Adoptions Act

Maximizing the Positive Impact of the Older Youth Provisions

Fostering Connections: Major Goals Ensuring and supporting permanent placements

with relatives Increasing adoptive families for children Maintaining sibling ties and other family connections Improving the quality of staff working with children in

the child welfare system Addressing children’s health and education needs Enhancing funding and training opportunities for

tribal child welfare systems Improving outcomes for older youth in care

Fostering Connections: Older Youth Provisions

Allow states to continue support for youth in foster care through age 21

Allow states to extend adoption and/or guardianship subsidies through age 21 for youth who were adopted or entered a guardianship arrangement at age 16+

Require states to help youth develop a personal transition plan 90 days prior to discharge

Option to Extend Care up To Age 19, 20, or 21

To be eligible, young people must be: Completing secondary education or in a program

leading to an equivalent credential Enrolled in an institution that provides post-secondary or

vocational education Participating in a program or activity designed to

promote, or remove barriers, to employment Employed for at least 80 hours per month, or Have a medical condition that renders youth incapable

of engaging in any of these activities

Option to Extend Care Past Age 18

Requires states to expand definition of child for foster care, adoption subsidy, and guardianship subsidy

Encourages states to expand their definition of child to age 21(rather than just 19 or 20) If less than 21, requires states to provide a “programmatic or

practice rationale” to the Regional Office Allows states to extend assistance to one or more of the

employment/education conditions Allows states to establish criteria for meeting conditions and

obtaining assurances from youth Encourages states to extend eligibility broadly

Option to Extend Care Past Age 18: Implementation Time Line

States can exercise option on or after Oct 1, 2010.

States can claim IV-E reimbursement for allowable costs as

early as the first day of the quarter when the state submits its amended IV-E Plan, and

include youth who are currently in foster care, guardianship, or adoption and meet the required criteria

Application of Title IV-E Eligibility Requirements to Youth 18+

Current IV-E Eligibility Requirements for Youth under Age 18:

Removal From Home Criteria Contrary to the welfare finding Reasonable efforts finding

Placement and Care Responsibility AFDC Program Criteria

Removal from Home Criteria for 18+

Requirement can be satisfied by: Court ordered removal prior to 18, Voluntary placement agreement prior to 18, Court ordered removal after attaining age 18, Voluntary placement agreement after

attaining age 18, or Trial independence

Removal from Home Criteria: Court Ordered Removal After Age 18

If permissible under state law, youth can be adjudicated at 18+.

Contrary to welfare and reasonable efforts finding can reflect the unique situation of an 18 year old: Contrary to welfare=finding that it would be in the

youth’s best interest to be in foster care Reasonable efforts to prevent removal=finding

that reasonable efforts were made to meet youth’s needs without a foster placement

Reasonable Efforts to Finalize the Permanency Plan

Continued requirement of a yearly judicial finding that reasonable efforts are being made to finalize the permanency plan

HHS’s Program Instruction (PI) makes clear that states should continue to provide permanency services for

youth 18+ who remain in care, BUT allows states to make judicial findings of reasonable efforts

to finalize that permanency plan that focus on efforts to prepare the youth for independence

Removal from Home Criteria: VPA with Youth after age 18

Can enter into a VPA with the youth if state law permits

As w/court ordered removal, required findings can be unique to the situation of 18+

Removal from Home Requirement: Trial Independence

No new finding (or IV-E re-determination) needed if the “trial independence” is consistent with “trial home visit” regulation--45 C.F.R. § 1356.21: Trial home visits/trial independence would:

Not exceed six months in duration, OR Would extend a length of time described by order of

the court

Placement and Care Responsibility

Requirement can be met by:

Written authorization of youth Voluntary placement agreement after age 18 Court order after age 18

AFDC Program Criteria

For youth entering care at 18+ or reentering care after 18, AFDC eligibility is based on the youth’s income w/out regard to parents’ income.

Eliminates AFDC re-determination for youth in care and extending past age 18

Title IV-E Eligible Placement Settings for Youth 18+

Licensed foster family home Child-care institution “Supervised setting in which the individual is

living independently” (SSIL)

Supervised Setting in Which the Individual is Living Independently

In its PI, HHS states that states have the discretion to determine what settings will qualify as SSILs and the approval/licensure and safety protocols

States will need HHS to approve their description of and approval process for SSILs

HHS provides the following examples as potential SSILs: Host homes, college dorms, shared housing, semi-supervised

apartments, etc. Foster care maintenance payment may be paid directly to youth

Case Management Requirements Post Age 18

Monthly face-to-face visits required Caseworker visit data required

Court Oversight: Permanency Review Hearings

Annual permanency hearing required for “contrary to the welfare” judicial determination

Must occur in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court

Annual permanency hearing not required for voluntary placement agreement

Allows judicial determinations for reasonable efforts to prepare the child for independence

Any authorized member of the judiciary may make determinations and may do so outside of a court hearing

Court Oversight: 6 Month Reviews

Completed by either a court or by administrative review

“Administrative review" is a review open to the participation of the parents of

the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.

42 U.S.C.A. § 675 (6)

Areas of Concern for Court Oversight for Youth 18+

If states use VPAs as the primary mechanism to continue youth in care:

involvement/oversight of the court may weaken

right to representation and involvement of the child’s attorney may be impacted

Implementation Concerns/Variables for States

Cost

Lack of capacity to provide services to youth 18+ (especially in the area of placements)

Lack of expertise in serving young adults

State Strategies for Overcoming Barriers to Full Implementation

Perform an accurate cost analysis of implementation of older youth provisions

Move forward w/low/no cost provisions Mobilize youth Educate legislators and community Impact practice through alternative means

such as court rules and admin. directives Court advocacy

Importance of Accurate Cost Analysis

Need accurate data to move forward w/legislation and advocacy

Analysis is not always simple and straightforward New costs & new reimbursement opportunities Costs may be offset by savings found by

implementation of other FC provisions (KG)

The Finance Project’s Cost Analysis Work

Working w/states to develop cost of implementation of various FC provisions

Includes convening a stakeholder group of advocates, cys professionals, state leaders, legislators, youth helps build consensus and support for implementation insures most accurate analysis and data

For more info on cost analyses in the states see http://www.fosteringconnections.org/resources/topic_tar?id=0005&type=tool

Low Cost Provisions that May Help Build Demand for Full Implementation

Transition Plan Requirement Should be low/no cost as discharge and permanency planning has

always been required Statutes can provide more concrete guidance of expectations to make

the requirement more meaningful and insure court review Closer scrutiny of transition plans may help build demand and support

for extension of care if plans are demonstrating that youth are not prepared for independence at 18

States that have enacted Transition Plan Legislation include: Arkansas Iowa New Mexico Minnesota

Implementation Through Court Rules

Court rules may be most appropriate for: Detailing Transition Plan Requirements Detailing Procedures for Education Stability

Provisions Examples:

W. VA. Juvenile Court Rules http://www.state.wv.us/wvsca/rules/Juvenile_Procedure_Rules.pdf, )

Proposed PA Juvenile Court Rules

Implementation Through Court Advocacy

Even w/out State Law Change, FC Supports Court review/oversight of transition plan

requirement Youth involvement and consultation by the

court Requiring that a finding of reasonable efforts

to finalize the permanency plan includes addressing adequate preparation for independence

Mobilization and Education of Youth

Advocacy is much more effective when done by current and former foster youth.

Education of youth about the rights and the opportunities of FC complements youth advocacy/mobilization.

Several states have “Know Youth Rights” Manuals and Curriculums that can be easily replicated.

Helpful Resources Guidance on Fostering Connections to Success and Increasing Adoptions Act,

ACYF-CB-PI-10-11 (July 9, 2010), located at http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2010/pi1011.htm

Fostering Connections Resource Center: http://www.fosteringconnections.org Includes Older Youth Section Tracks State Implementation Provides TA and Webinars

Barbara Langford et al, Designing Foster Care to 21: A Discussion Guide for State Leaders (May 2010), located at http://www.fosteringconnections.org/resources/topic_tar?id=0005&type=tool

Sample State Legislation to Extend Foster Care, Adoptionand Guardianship Protections, Services and Payments toYoung Adults Age 18 and Older (May 2010), located at http://www.clasp.org/admin/site/publications/files/FINAL-Sample-State-Leg-to-Extend-Foster-Care-Adoption-and-Guardianship.pdf

Know Youth Rights: A Guide for Youth in Substitute in Pennsylvania (2nd Ed. 2010), located at http://www.jlc.org/publications/know_your_rights/

Contact Information

Jenny Pokempner

Juvenile Law Center

jpokempner@jlc.org

www.jlc.org Jennifer Staley

KidsVoice

jstaley@kidsvoice.org

www.kidsvoice.org