California’s Approach for

Implementing the Federal Fostering

Connections to Success Act

&

Ending Homelessness for Youth

Aging Out of Foster Care

National Alliance to End Homelessness

February 19, 2014

California’s Foster Care System

There are approximately 63,000 youth in foster care in

California

Annually, around 5,000 youth “age out” of California’s

foster care system

Designed to align with the Federal Fostering

Connections to Success Act (2008)

When AB 12 was enacted, California was facing a $21

billion deficit

Key Factors in Passing AB 12

Built off of the momentum of federal Fostering Connections to Success Act

Fostering Connections 2008 changed the landscape of foster

care.

Foster care could now be provided to young adults up to the

age of 21 with title IV-E funding

Legislative Champions – Asm. Bass and Beall

Strong and diverse group of co-sponsors

Relied on research demonstrating the impact of extended foster care

Active foster youth participation in policy development

Broad bipartisan support for the legislation

Eligibility Overview • Extended benefits available to:

• Non-Minor Dependents (NMD’s) under court supervision– as defined in the next slide, including youth who are on probation and under an order for foster care placement at age 18

• Youth who entered Kin-GAP (guardianship w/relatives) at age 16 or older.

• Youth who entered the Adoption Assistance Program (AAP), as long as the adoption agreement was signed when the youth was age 16 or older.

• Former dependents/wards in non-related legal guardianships created in juvenile court (not probate court), regardless of the age of the youth when the guardianship was created.

Summary of Extended Foster Care

Eligibility Requirements

According to definition of NMD, youth must:

1. Satisfy the age criteria.

2. Have an order for a foster care placement at age 18.

3. Satisfy at least 1 of 5 participation requirements.

Youth must also:

4. Agree to live in an approved/licensed supervised placement.

5. Agree to remain under the jurisdiction of the court as a NMD by signing a mutual agreement.

Eligibility: Participation Requirements

Be enrolled in high school or pursuing GED

Be enrolled in college/vocational school

Participate in a program/activity that removes barriers to employment

Work at least 80 hours/month

Be unable to do one of the above because of a medical or mental health condition

1.

2.

3.

4.

5.

5.

Inclusive Participation Criteria Anticipates that some NMDs will be in transition between

participation activities ( loss of a job, medical crisis)

As long as the NMDs are still working toward their goals, the temporary set back does not make them ineligible

Back up plans and participation conditions are designed to be inclusive and bridge gaps in eligibility

Participation Condition # 3: A program/activity designed to promote or remove barriers to employment is an individualized program based on a youth-centered assessment of skills and needs.

Activities may include, but are not limited to, unpaid employment/internship, volunteer activities, parenting classes, mental health treatment, and participation in programs for drug or alcohol addiction treatment

All County Letter 11-61

Placement Options

Placement Considerations

NMD youth are adults

Placements should be least

restrictive

Encourage independence

Developmental needs and

readiness for independence

Decisions are made in

conversation with the youth

Placement Types:

Available to Minors & Nonminors

Available to minors and NMDs:

Living with an approved relative or extended family member

Living with a foster family

Home of a Non-related Legal Guardian

“Dual Agency” Homes for Developmentally Disabled

Available temporarily/with limitations to NMDs:

Transitional Housing Placement Program (THPP)

Group Home

Placement Types:

Available Only to Non-Minors

2 new settings created for non-minor

dependents:

Supervised Independent Living Placement (SILP)

Transitional Housing Placement-Plus Foster Care

(THP+FC) Program

THP-Plus Foster Care

State licensed placement

Provides housing and supportive services in semi-

supervised setting

Single site, Scattered/remote site, or host family

Ideal placement option for youth who are unable to

reside in foster homes but aren’t ready for a SILP

Supervised Independent Living Placement (the

“SILP”)

Readiness assessment

required

• Physical inspection required

• Least restrictive placement

• Youth may receive foster

care payment directly (i.e.

stipend ($820 per month)

Housing options include:

▫ Apartments

▫ Room and board

arrangements

▫ College dorms/student

housing

▫ Shared room mate

arrangement

COURT PROCESS

Assumption of Eligibility

Extended Foster Care is an “opt out” program.

There is an assumption that the youth who attains 18 years of age will remain in care unless s/he opts out of care.

The court is responsible for finding that the youth continues

to meet one of the participation conditions in order to remain eligible and that the agency provides reasonable efforts to assist the youth in meeting participation conditions and ensuring ongoing eligibility.

WIC 366.31,391(e), 11400(v) &11403

Failure to Meet

Participation Requirements

It is the Court’s role to determine if NMD is not

participating in a reasonable TILCP.

The burden of proof of nonparticipation/

noncompliance is on the SW/PO.

SW/PO must document reasonable efforts to provide

NMD with assistance to meet/maintain participation in

TILP activities.

Re-entry

Youth must be informed of right to re-entry at termination hearing

Youth can re-enter as many times as necessary prior to turning 21

yrs old.

Re-entry process is intended to be as accessible and easy as

possible

**Goal is to permit youth to experience independence, while

allowing a safety net.

Re-entry into

Extended Foster Care

Process for Re-entry

Youth contacts agency

Signs voluntary re-

entry agreement

Aid begins on

date youth

signs

agreement

and resides in

a qualified

placement

Initial meeting

with social

worker /PO

temporarily

satisfies

participation

conditions

Agency has

15 days to file

court petition

or youth can

file directly

SPECIAL TOPICS AND

POPULATIONS

Special Population: Parenting Youth

What is in place to support them?

Additional/increased monthly payments

Shared Responsibility Plans

ILP geared towards parenting youth

Encourages continued legislation

Special Population: Juvenile Justice Youth

Probation youth (“wards”) with court order for foster

care placement at age 18 are eligible

At the time probation ends, youth may be eligible for

new “transition jurisdiction”

Court may also assume transition jurisdiction upon re-

entry to foster care

Where we are Today Implementation Phase II

Training, Training, Training

Getting the Word Out

Role of Peer Advocate

Resistance from Professionals

Confusion re Requirements

Youth Residing Out of State

Housing – realizing the full potential

Contact Information

Lindsay Elliott, JD, MSW

Children’s Law Center of California

elliottl@clcla.org

www.clcla.org