California's Fostering Connections: The successes and challenges of AB12's initial implementation

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1 California's Fostering Connections: The successes and challenges of AB12's initial implementation Children's Advocacy Institute Summary of Report prepared by Christina J. Prejean I. Training programs for government and non-government agencies and Transition Age Foster Youth (TAY) California s Fostering Connections, AB 12, creates two new supervised independent living placement types for TAY who are non-minor dependents; Transitional Housing Placement Plus Foster Care (THP-Plus-FC), and the Supervised Independent Living Placement (SILP). (Page ES-3) Programs for foster youth offered under AB 12 include: A. Child Welfare Services As of July 2011, the Legislature adopted a fiscal policy that shifts responsibility for funding various programs, to include the Child Welfare Services, which now provides oversight and funding for the implementation of California s Fostering Connections. This new realignment is a cause for concern, in regards to the implementation of AB12. With this new realignment, the state of California now provides a lump sum of money directly to the counties, instead of allocating budgets for child welfare services within each county. As a result, if a county runs out of money during one year, they have to take funding from other services that are not federally mandated. This change creates the possibility that other non-mandated services provided to TAY will be forced to cut funding if there are shortages of funds. One of these programs is the Transitional Housing Placement Plus (THP-Plus), which is a program that serves former foster youth up to age 24 and is not federally mandated. With housing such as this already at a premium, programs such as these are increasingly at risk. (Page 24) B. Transition Independent Living Cases The Transition Independent Living Case Plan (TILCP) is a collaborative plan, which the non-minor dependent helps develop, that sets the course for the TAY between the ages of The TILCP consists of a plan, discussing participating requirements that the non-minor dependent will meet, in order to maintain eligibility for extended foster care, under California s Fostering Connections, and explains how the nonminor dependent will meet the specific requirements. The TILCP includes a backup 1

2 plan, in case something would come up that would prevent the youth from participating. It is important that these documents are individualized to each youth s individual circumstances, as the law requires. Social workers, probation officers, attorneys, the Court, and non-minor dependents must ensure that the non-minor dependent s TILCP is individualized to the needs of each youth, and the plan must be current or updated as needed. (Pages 25-26) C. THP-Plus -- Transition Independent Living Cases The California Legislature created the Transitional Housing Placement-Plus (THP- Plus) in It is a non-federally program that serves as a safety net for youth who have exited the foster care system and has been successful in addressing the housing needs of foster youth who exit California s foster care system as they age out of the dependency system. THP Plus is available to youth who age out of foster care, for 24 months. It provides youth with housing and supportive services to prepare them for independent living. These services help youth be successful in their life endeavors and include: Case management Systems of payment for utilities, telephone and rent Job readiness training and support Food and necessity allowance Educational advocacy Assistance in pursuing a higher education or post high school training Individual and group therapy Mentoring Apartment furnishings 24-Hour crisis intervention and support Emancipation fund Other foster care alumni services and support Identified drawback in this program include long waiting lists and shortage of THP- Plus placements in several counties that offer this program. (Page 23 and 27) D. Supervised Independent Living Placements (SILPs) SILPs are supposed to provide non-minor dependents with an opportunity to experience independent living and develop a variety of much-needed life skills while providing them with a safety net. SILPs should be a placement only for specific non-minor dependents who passed a readiness assessment and are ready to live independently. There are no provider-based services offered and the non-minor dependent receives only basic AFDC- FC rate, with no specialized care increment. This program provides a great deal of freedom for non-minor dependents. (Pages 11 and 28) 2

3 E. Probation Youth Probation youth who are under delinquency jurisdiction may be eligible to participate in extended foster care. If eligible, extended foster care could provide essential resources for vulnerable youth who were or should have been in the foster care system before entering the delinquency system. It is important that professionals responsible for representing the interests of youth in the delinquency system, are aware of how to maintain their client s eligibility for these benefits and give their clients access to these benefits. (Pages 29-30) F. Moving Forward: CAI s Transition Life Coach (TLC) Working with a TLC, participating youth, in consultation with her/his attorney, CASA, social worker, and others involved in her/his case, would be able to choose an adult to be her/his coach. After a background check, this coach would be appointed the adult as trustee over a trust, containing funds that would be expended by the average parent on their child, after 18 years of age. The coach would distribute these funds to the youth, according to a transition plan designed by the youth and her/his attorney, coach, and CASA. The plan would be flexible and the coach, with no caseload, would help the youth as if she/he were the parent of the youth. This program would be available to the TAY over the age of 18, who have left the foster care system. (Page 35) G. THP-Plus-FC This program is for non-minor dependents are not yet ready for an SILP, or who would benefit from more supportive services. It provides non minor dependents with supportive services in the areas of case management, bill paying and money management, job readiness training and support, food and necessity allowance, educational advocacy and support, aid pursuing college or other post-high school training, individual and group therapy, services to build support and relationships with family and community, coordination with the independent living program, mentoring, apartment furnishings, 24- hour crisis hotline and support, emancipation fund, post program housing assistance, and alumni services. (Page 12) THP-Plus-FC differs from THP Plus in the following ways: 1) THP-Plus-FC is available only to non-minor dependents up to age 21, while THP- Plus is available to former foster youth who have aged out or opted out of foster care up to age 24. Because THP Plus-FC is a foster care placement, participants must continue the required 6-month review hearings and monthly caseworker visits. 2) There is a 24-month cumulative limit for youth in THP-Plus; THP-Plus-FC is available to non-minor dependents from the ages of who remain in foster care. 3

4 3) THP-Plus-FC placements are state-licensed; THP-Plus placements are not. 4) THP-Plus-FC, because it is a foster care placement, is funded by counties with a federal match for youth who are IV-E eligible and is an entitlement program, while THP-Plus is a discretionary program funded entirely by the counties. (Page 27) H. Kin-GAP. This is a voluntary program that provides financial assistance to relatives who assume legal guardianship of their related foster children at a rate equal to that received for foster care. It allows foster children to exit the foster care system and live with family. Kin- GAP is available for youth up to age 21, provided that the guardianship was established when the youth was 16 or older. (Page A-2) I. Chafee Educational and Training Voucher Program The Chafee Educational and Training Voucher Program (ETV) makes modest vouchers of up to $5,000 per year, available to youth coming from the foster care system. This financial aid assists youth with costs of attending higher education institutions or vocational training. (Page 5) II. Where and why are TAY not succeeding under the extended foster care system According to the survey, some TAY respondents said they were not succeeding under the extended foster care system because they had concerns about the law itself, or implementation of the law. The most important issue was the lack of preparation for daily activities as an adult, such as budgeting, paying the bills on time, the process of getting a driver s license, etc. Many TAY felt unprepared and overwhelmed, and had problems with affording their rent. If there were more TGP-Plus-FC programs available, or other similar options, these issues could be avoided. (Page ES-6) An issue that many non-minor dependents have under the extended foster care system is their confusion of the law and what the law expects of them, as well as uncertainty about services they are eligible for, what they must do to prepare for age 21, and what to expect when they turn 21. These youth expressed concerns that the professionals helping them either did not know sufficient facts about the law or could not explain the law to them in a comprehensible manner in which they could fully understand. It is essential for foster youth to receive practical training and classes on topics such as: Traditional independent living skills Training specific to AB 12 4

5 This training will help foster youth fully understand what the law is, what is expected of them, and ways in which they can best benefit from and make the most of the assistance provided to them. (Page ES-6) Despite still needing support well after attaining age 21, California still has few services in place that help former foster youth past this point. The recent budget realignment poses possible threat to these programs during lean economic years because California s budget realignment changes the process in which Child Welfare Services programs are funded. In lean years, if there are more foster children in the system than was planned or anticipated, the funding of that county may fall short of what is needed to assist TAY, causing the counties to take funding from programs that are essential to former foster youth, yet are still optional for the counties and are not yet federally mandated. (Page ES-7) Some youth expressed confusion about the program. Some were not sure if they were eligible, or for what exactly they were eligible. They did not understand how, exactly, extended foster care worked and what was expected of them. Dependency attorneys and social workers work to ensure that their clients understand AB 12, but a gap in understanding may remain and should be addressed. (Pages 33) Parenting non-minor dependents face challenges to remaining eligible for AB 12 services. Issues for non-minor dependents are raised because parenting responsibilities interfere with work and school. This creates a major challenge for non-minor dependents who often must work and/or attend school to remain eligible for extended foster care. Recently, California recently passed a bill to begin to address this issue, which is discussed below. However, it does not go far enough. (Page 20) Alameda County Alameda County reported that there are not enough appropriate placements for nonminor dependents with high mental health needs or cognitive disabilities. Some transitional housing programs will not accept young people who cannot take care of themselves. Foster homes are not equipped to handle young adults with significant health needs and many non-minor dependents are reported to be jumping from group home to group home, or foster home to foster home, without any stability. (Page B-4) 5

6 Humboldt County Finding appropriate housing for non-minor dependents has been difficult. County TAY coordinators work with non-minor dependents who have SILPs to find housing. All of the youth in SILPs were eventually placed in housing, but it has been challenging. (Page B-8) Kern County Kern County s greatest obstacle has been the workload in relation to implementing the expansive service requirements of AB 12. A county representative reported that youth need a supportive safety net, but the resources are not available to support program execution in the way it is needed, especially in counties with smaller populations such as Kern. Accessing adequate resources to implement AB 12 has also been difficult. The County has a THP-Plus program that will accommodate up to 50 emancipated youth, and it is in the process of developing a THP-Plus-FC program. Currently, but there are no THP-Plus-FC placements available in Kern County (as of the writing of this report). (Page B-10) Los Angeles County The increased interaction with other systems has been an issue for non-minor dependents in both Los Angeles and Sacramento Counties. Non-minors encounter adult issues, including issues related to family law, landlord-tenant issues, and many other adult legal issues that are not always within the scope of dependency representation. A major challenge regarding the SILPs in Los Angeles is how these placements are paid. The non-minor dependent does not receive the first monthly foster care maintenance payment until he/she has already been in the placement for a month. The payment does not come until the 15th of the month, creating a challenge when attempting to pay the first month s rent. This issue needs to be addressed prior to placement since along with the problem regarding the timing of the payment, challenges with budgeting appropriately have been cited. Many non-minor dependents, (compared to their similarlyaged peers) do not have an adequate understanding of budgeting and what is required to be self-sufficient, pay rent, buy food, pay for transportation, pay utilities, etc. As of the publication of this report, Los Angeles does not have any THP-Plus-FC placements. Implementation of THP-Plus-FC programs would provide a step-down placement that would benefit many non-minor dependents in this region. (Page B-15 to B-17) Orange County Emergency housing has been challenging for Orange County. When a youth wants to reenter care, she or he is often in immediate need of housing. The County has a plan in 6

7 place for these situations and, though it has been challenging, it has been able to provide housing to youth in these emergency situations. Another challenge is in dealing with the cultural shift that is required to work with nonminor dependents as adults rather than as children. This means that the social workers must work to shift their perspective from that of protecting the child to one that is more permissive and will allow the non-minor dependent to learn from his/her mistakes. (Page B-20) Sacramento County During implementation of AB 12, some challenges that were identified included: Counties had short time frames to implement AB 12 There was a delay in the release of guidelines There were staffing challenges because more youth opted in than were anticipated There were insufficient placement options, particularly for youth with special needs (Page B-25 to B-26) San Bernardino County The influx of older foster youth has strained the caseloads of social workers because California has not allocated enough funding to hire the case workers necessary to maintain the 1:30 ratio of caseworker to foster youth (the standard). One County official stated that the state should conduct an organizational assessment to determine what is already in place, what is being done, and what the needs are and will be prior to passing AB 12. This organizational assessment was not adequately done in California, causing social workers to be left with enormous caseloads, which become a disservice to the workers and to the children and youth they serve. (Page B-28) San Diego County Issues reported are that some youth are failing out of their SILPs in San Diego County because they fail to participate in one of the required activities or because they do not keep in touch. (Page B-30) San Francisco County It is reported that youth are not prepared for AB 12, as they do not understand what is expected of them; to include understanding how to prepare to live on their own if they want to participate in an SILP. Youth do not fully understand how to manage their money. (Page B-35) 7

8 San Joaquin County Most of these youth do not have a realistic grasp on how much money they are receiving and do not have the budgeting skills necessary to properly manage their finances. This then leads to issues paying rent and bills and causes problems with housing placements. (Page B-38) III. Issues or roadblocks are preventing TAY from re-entering the system after they lose eligibility To remain eligible, the non-minor dependent must re-enter foster care by age 21 if they opt out at age 18 or later and change their minds. (Page ES-3). Most counties have reported that the re-entry process has been running very smoothly. Counties with which CAI spoke has implemented process to ensure that re-entry is seamless and smooth, and the majority of countries reported that this has been a success. The important aspect of ensuring this runs smoothly for TAY is that they be informed and fully understand who they can contact if they want to re-enter extended foster care. To date, it is still unclear if every youth who exits care is aware of the re-entry process. (Page ES-5 to ES-6) IV. Issues or roadblocks are preventing social workers from ensuring that nonminor dependents get the information they need to be successful as they transition out of AB12 One major obstacle that is all too often left unaddressed for social workers, is caseloads. High caseloads are an issue for nearly all of the professionals who serve foster youth in California. AB 12 cannot be a success if there are not enough trained professionals to ensure that it is properly implemented and that eligible youth are able to fully benefit from the opportunities that are offered to them by AB12. (Page 25) Another problem that TAY face is their status as an adult, which causes the role of the social workers to change after the non-minor dependent turns 18, from a role of ensuring security, to ensuring self sufficiency. Caseworkers assigned to help them must have knowledge of adult systems and a complete understanding of AB 12. This has led to some issues in the implementation of the law because some counties experienced higherthan-anticipated participation, and did not have enough social workers who are wellversed in AB 12, to meet the demand. (Page ES-8) V. Eligibility requirements and how the TAY can meet them initially and continue to meet them long term Under AB 12, a non-minor dependent is eligible for extended foster care. A non-minor dependent is defined as a non-minor who: 8

9 (1) Has attained 18 years of age while under an order of foster care placement by the juvenile court or is under the transition jurisdiction of the juvenile court (2) Is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section ; and (3) Is participating in a transitional independent living case plan and as such satisfies one of five conditions of eligibility for extended foster care services (described below) (Page 9) A non-minor dependent must meet at least one of five specified participation conditions to be eligible for extended foster care: 1. The non-minor is completing secondary education or a program leading to an equivalent credential. Examples include (but not limited to) a public high school, charter high school, an alternative high school, a non-public school, adult education classes, or any other course of study leading towards completion of a high school diploma, GED, High School Proficiency Certificate, or High School Completion Certificate. 2. The non-minor is enrolled in an institution that provides postsecondary or vocational education. A non-minor dependent must be enrolled in an institution that provides postsecondary or vocational education at least half-time, defined as enrollment in at least six semester course units or quarter course equivalent. 3. The non-minor is participating in a program or activity designed to promote, or remove barriers to, employment. 4. The non-minor is employed for at least 80 hours per month. The non-minor dependent must be engaged in full- or part-time employment activities which include, but are not limited to, paid employment, paid internships, apprenticeships, Ticket to Work (for individuals receiving Supplemental Security Income), vocational rehabilitation, or work study programs. 5. If the non-minor is incapable of doing any of the activities described in the first four participation conditions due to a medical condition, if that incapability is supported by regularly updated information in the case plan of the non-minor. (Page 10) VI. Dual jurisdiction table to talk about TAY that lose the status because they go out of the system before their 18th birthday and lose rights forever Currently, if a youth does not have an order of foster care placement at age 18, that youth is not eligible for AB 12. It is extremely important that probation officers, dependency 9

10 attorneys, public defenders, and even judges who work with older youth in the delinquency system fully understand AB 12, which of their clients may be eligible for it, how their clients can maintain their eligibility once it is established, and what benefits and services it provides. (Page ES-8) The lookback provision, requiring foster youth to meet an eligibility test based on a 15 year old standard, is outdated and this provision could potentially threaten access to critical programs that provide a necessary safety net for youth who age out of care, whether they leave foster care at age 18 or at age 21.The lookback provision will require a federal fix, and needs to be addressed soon. Abused, neglected, and abandoned children do not have monetary means, nor do they have a well-funded lobby, and are among the most vulnerable members of our society. The law must be changed to ensure that all foster youth are eligible for federal assistance. This will help ensure that counties can afford to continue essential services to foster youth before they age out of care and continue vital safety net supports after foster youth age out of care. (Page 40) VII. Financial planning and how to manage money One of the main challenges for TAY to succeed is that regardless of being in the foster care system, many young adults are not ready to be completely self-sufficient at age 21, including those who enjoyed the stability and support of a family structure all of their lives. Studies show that after age 21, parents continue to provide their young adult children with substantial financial and emotional support. Studies show that parents spend over $50,000 and the equivalent of around 9 weeks of full-time 40-hour-a-week assistance. Statistics estimate that 15.8 million adult children, including those in their mid-twenties and early thirties, still live at home with their parents. The needs of former foster youth are no different than their peers who have parents to care for them still. While many might be self-sufficient at that point, others will still continue needing assistance past age 21. Thus, even with the assistance and support provided by AB12, many former foster youth will not be completely self-sufficient at age 21. (Page 22) VIII. Housing and homelessness Former foster youth experience homelessness at rates that far exceed those of their peers with no history of foster care; and alarmingly exceed the homeless rates of individuals discharged from prison. Young adults who leave home during their transition years have the option to move back home and live with their parents when they encounter difficulties. Foster youth, on the other hand, do not have the option to move back in with their parents, and where that option is available, it is usually not safe, given that the circumstances which led to their entry into the foster care system are often unchanged in the home from which they were removed. 10

11 As a result, many former foster youth will couch surf stay with friends, acquaintances, or family members, or wherever they can find a place to sleep. Also, a large number of former foster youth are precariously housed, living in an arrangement that is not permanent and at times may be unsafe. Former foster youth report moving frequently in the years following foster care. Since they cannot afford to maintain housing on their own, or will move to maintain a job, or to pursue their education. THP-Plus, as described previously, provides a safety net for those youth who may not be able to participate in extended foster care, or older youth who are between the ages of 21 and 24 and are not yet able to live independently. As most people are not prepared for independent adulthood until they are age 25, this would likely be a common occurrence. For this reason, programs like THP-Plus are very important, even given Extended Foster Care. The loss of this program would devastate many older, vulnerable former foster youth. Though it is not part of California s Fostering Connections, eliminating it would be, effectively, a big step backwards and would damage many of the goals of California s Fostering Connections, which ensures that former foster youth can live independently, have safe and stable housing- and do not become homeless. (Page 24) IX. Improving access to and use of medical system (includes prescription medications and mental health) Issues have also been reported concerning non-minor dependents being able to maintain eligibility for Medi-Cal and, continuing to take prescribed medication and attend doctor s appointments. Problems with access to healthcare can be particularly devastating for nonminor dependents who have mental health issues and may go off of their medication. (Page B-38) X. How to increase the number of TAY able to take advantage of available educational opportunities, and the number who complete college By age 23, nearly one-quarter of youth who aged out of the foster care system at age 18 have neither a high school diploma nor a General Equivalency Degree (GED). Less than 4% of former foster youth receive a 2-year degree by age 23 and only 2.5% receive a 4- year degree. In Illinois, which has offered extended foster care for several years, the percentage of individuals who have attained a 2- or 4-year diploma is lower just 5.3% of foster care alumni had either an AA or a BA as compared to 7.3% in the states where youth aged out of foster care at 18. Extended care is associated with more youth attaining at least one year of college education, and this additional education increases employment prospects for youth. In Illinois, 43.8% of former foster youth had completed at least one year of college, compared to 26.2% in states where foster care ended at age 18. The lesson here may be that extension of foster care services to age 21 increases entry into some type of higher education. (Page 2) 11

12 Being Aware of Private For-Profit Educational Institutions There are many private for-profit institutions that prey on those, such as TAY, who are desperate for a job and may not possess the required level of education. These programs can be extremely expensive- and young veterans and TAY, who have funding that is available due to their individual status frequently fall victim to these programs many of which are unaccredited. Many of these private, for profit colleges charge much more than the grants or loans that they offer- and may not provide the proper education or training necessary to acquire a job. As non-minor dependents are required to be enrolled in postsecondary education or vocational training, this may increase the possibility that they are targeted by these private for-profit institutions. It is important for professionals working with TAY to have reasonable caseloads so they can mentor the TAY with proper resources and warn them of the dangers of these institutions. (Pages 28-29) 12