AB12 The California Fostering Connections to Success Act



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AB12 The California Fostering Connections to Success Act April 7, 2011 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Assembly Bill 12: Extended Foster Care Overview SF AB 12 COMMUNITY FORUM Thursday, April 7, 2011 2:30 5:00 p.m..

Quick Facts

AB 12: California Fostering Connections to Success Act Began with passage of federal Fostering Connections to Success and Increasing Adoptions Act on October 7, 2008 (P.L. 110-351) Introduced by Assembly Members Beall & Bass on December 13, 2008 Passed in State Legislature on August 30, 2010 Signed by Governor on September 30, 2010 Implementation will be led by the California Department of Social Services

What will AB 12 do? Convert California's Kin-GAP into nearly identical state-funded and a federally subsided programs. Extend benefits to age 21 for youth who are: In foster care Receiving Kin-GAP or AAP, provided the youth entered guardianship or adoption at age 16 or later Placed by juvenile court with a nonrelated legal guardian and Placed by juvenile court with an approved CalWORKs relative.

Foster Care After Age 18- Eligibilty

Are foster youth ages 18-21 required to continue in foster care? Participation in foster care after age 18 under AB 12 is voluntary Youth may decide to exit at anytime before they turn age 21 Youth have the option to return before they turn 21 through trial independence

What about youth who are currently age 18, 19 or 20? Do they benefit from extended foster care in any way? No, AB 12 does not retroactively apply to these youth. They are not eligible for extended care.

What are the basic eligibility requirements for foster youth to receive benefits after age 18 under AB 12?? The youth must: (1) sign a mutual agreement with the county child welfare or probation agency or tribe that has a IV-E agreement with the state for supervision and support; (2) continue under the supervision of the juvenile court as a dependent or a ward, (3) meet one of the five participation conditions, and (4) agree to live in a supervised placement that is licensed or approved under new standards for 18 to 21 year olds.

What does it mean for a youth over 18 to be in foster care under the jurisdiction of the court? Youth continues to have a six-month review hearing in court or an administrative review Court will ensure the youth continues to meet one of the participation conditions Case reviews shall be conducted in a manner that respects the youth s status as a legal adult Parents are not noticed, nor parties to the hearing

What does a youth have to do to meet the participation conditions of AB 12? (1) Completing secondary education or a program leading to an equivalent credential, (2) Enrolled in an institution which provides postsecondary or vocational education (3) Participating in a program or activity designed to promote, or remove barriers to, employment (4) Employed for at least 80 hours per month. (5) Unable to do one of the above requirements because of a medical condition.

Foster Care After Age 18- Placement

Are there any limitations on where a youth can live in order to receive foster care benefits under AB 12? Yes, the supervised placements available to youth after age 18 include: Approved home of a relative or NREFM (approved); Foster family home (licensed); Foster Family Agency certified home (licensed); Group home, subject to new limitations (licensed); Home of a non-related legal guardianship (approved by the juvenile court); THP-Plus Foster Care (approved); Supervised Independent Living setting (approved).

What is the goal of the Transitional Independent Living plan for youth 18 to 21? Develop a permanent connection with a caring and committed adult Develop independent living skills and have opportunities for incremental responsibility Live in the least restrictive placement

What is THP-Plus Foster Care and how is it different that the current THP-Plus program? Modeled after the existing THP-Plus program for nondependents Remains approved by county, not licensed Differs from the current THP-Plus program in two ways: Child welfare or probation supervision Juvenile court jurisdiction

What is a Supervised Independent Living setting and how is it different that the other placement options available to youth 18 to 21? New placement option for youth age 18 to 21 Is a supervised setting as specified in TILP Must meet health and safety standards (TBD) May receive all or part of the foster care benefit directly Basic rate paid Not eligible for specialized care increment

How does AB 12 affect group home placements for youth age 18 to 21? AB 12 specifies that youth may remain in a group home after age 19 or until high school graduation only if it is necessary due to a medical condition. Medical condition will be defined by CDSS in state regulation

Foster Care After Age 18- Benefits

What are foster care rates paid for youth age 18 to 21? Foster care benefit that is set according to the youth s placement and, in some cases, the youth s special needs Different rates available for relatives, guardians, foster family homes, group homes, and foster family agencies Youth in SIL get basic rate THP-Plus Foster Care rate, to be determined

Can a youth receive the foster care benefits directly? Yes, youth in SIL may receive all or part of the foster care benefit directly pursuant to the mutual agreement

Under AB 12, the extension from age 20 to 21 is subject to budget appropriation by the state legislature. When and how would it happen? The final year of extension (from age 20 to 21) is subject to a budget appropriation by the State Legislature Could happen at any time Action would need to be taken once

More Questions? AB 12 website at www.cafosteringconnections.org

KIN-GAP Implementation of AB 12

California Assembly Bill (AB) 12 Legislation resulted in significant enhancements to the Kin-Gap program, which have become effective January 1, 2011. Kin-Gap funding can now be federally or state funded.

Enhancements to Kin-Gap Program Effective 1/1/2011 Time the child/youth must be living with the legal guardian before converting to Kin-Gap is now 6-6 months. (Under Old Kin-Gap, the timeline was 12-months) Youth now eligible to age 21 if a mental or physical disability warrants continuance Youth now eligible to Independent Living Skills Program

Enhancements to Kin-Gap Program Effective 1/1/2011 (continued) Eligible to Special Care Increment adjustments as needs change for child and/or guardian Eligible to age-related increases Eligible to continue receiving Kin- Gap if the family moves out of state Eligibility reassessments are now every two years. (Under Old Kin-Gap reassessments were every year.

Enhancements to Kin-Gap Program Effective 1/1/2011 (continued) Eligible if child/youth placed through a Voluntary Agreement no court involvement Potential sibling linkage to Federal Kin-Gap eligibility for biological, half & adoptive siblings Eligible to Whole Family Foster Care Teen Parent benefits

Enhancements to Kin-Gap Program Effective 1/1/2012 Youth may be eligible to benefits up to age 21 for reasons other than medical or physical disability as long as the youth became eligible to Kin-Gap after his or her 16 th birthday and meets one of the following conditions:

Enhancements to Kin-Gap Program Effective 1/1/2012 (continued) Finishing High School Attending college Working at least 80 hours a month; or Participating in a program that removes barriers to employment

Kin-Gap Changes Priorities Effective January 1, 2011 1. Federal Eligibility Shift of current caseload: All current Kin-Gap cases that are funded by State Kin-Gap Program must be reviewed for Federal Eligibility. If Federally eligible, the aid code will be changed to 4T. If case is not Federally eligible, the aid code will be 4G (State Funded Kin- Gap).

Kin-Gap Changes Priorities 2. CalWORKs Conversions Includes cases approved in CalWORKs due to no Federal Eligibility ineligible to old Kin-Gap program. All prior placements with relative guardians with dependency dismissed AND who are currently residing with relatives receiving CalWORKs and meets all Kin-Gap eligibility requirements, can be converted to State Funded 4G Kin-Gap.

Kin-Gap Changes Priorities 3. SCI Approvals Prior Basic Rate Kin-Gap cases previously approved at the Basic Rate will have the opportunity to apply for SCI based upon the child s current medical, mental health or behavioral challenges. 4. SCI Approvals Reassessments Kin-Gap cases previously receiving a SCI payment can request a reassessment based on the child s current medical, mental health or behavioral needs.

Kin-Gap Changes Priorities 5. ICPC cases Kin-Gap option Out of state placements with legal guardians may request Kin-Gap. Rates are based on the higher of the county of residence or SF rates. All Kin-Gap eligibility criteria must be met. 6. Kin-Gap benefits to age 21 If a physical or mental disability warrants the continuation of assistance.

AB 12 Community Forum San Francisco Department of Human Services April 7, 2011 Chris Wu, California Administrative Office of the Courts, Center for Families, Children & the Courts

Coordinating Leadership Team CDSS/AOC/CWDA/CPOC Integration & Alignment CDSS Focus Areas AOC Deliverables ACLs/CFLs Forms IV-E State Plan Informing materials Curricula Clean-up Issues Rules of Court Automation changes Regulations

General Timeline CDSS 4.1.11 Identify CWS/CMS changes (PIAC?) 5.1.11 Check for alignment with Rules of Court 7.1.11 Final Steering Committee Review 8.1.11 Final drafts start through CDSS review process Determine any additional IV-E Plan Revisions 10.15.11 Initiate training on policies & procedures 10.1.11 Issue ACL, Informing materials, etc First Year * AOC 2.28.11 Proposals drafted and approved by Family & Juvenile Law Committee 4.15.11 Rules & Projects Committee approves to circulate for comment April-June Public Comment Period 7.30.11 Proposals amended and reviewed by F & J Law Committee 10.28.11 Judicial Council approves following committee process 1.1.12 Effective date of new rules and forms

Focus Areas CDSS Focus Areas AOC Integration & Alignment Automation (CWS/CMS MEDS SAWS Others?) Outcomes & Data Collection

AB 12 Steering Committee 38

Coordinating Leadership Team 39

Core Values Voice of Young Adults The voices of young adults truly matter. AB 12 promotes youth-driven practice. Practice must recognize that youth over the age of 18 are legal adults.

Core Values Assistance and Partnering: Young people often need active assistance and real partnerships to reinforce and support learning as they transition into adulthood. Practice should be based on support, not supervision. Practice must redefine the relationships that all practitioners have with youth and young adults (social workers, probation officers, attorneys, judges, care providers etc.).

Core Values Unique Needs Every young adult is unique. Eligibility is maintained Practice should continue to promote permanency and permanent connections for youth and young adults throughout the period they are involved in the child welfare system. Permanency efforts must begin at the very beginning, and be sustained.

Core Values Love and Belonging Everyone no matter how old needs someone to belong to and call their own. Practice should continue to promote permanency and permanent connections for youth and young adults throughout the period they are involved in the child welfare system. Permanency efforts must begin at the very beginning, and be sustained.

Core Values Development is Supported Challenges, pitfalls and experimentation are part of the process of becoming an adult. It is not about compliance, but about planning for success. Practice should facilitate steadily increasing levels of responsibility and independence. Young adults must have room to make mistakes. Young adults must be provided reasonable accountability for their mistakes, that includes logical consequences but NOT zero tolerance.

Core Values Voice of Young Adults Assistance and Partnering Love and Belonging Unique Needs Eligibility is Maintained Development is Supported

AB 12: Caseload Projections & Local Implementation Process April 7, 2011 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Presentation topics Related research Outcomes for emancipated youth Predicted uptake rates and placement types SF foster youth survey findings AB 12 implementation timeline Workgroups C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Midwest Study Surveyed 732 youth who exited foster care from Iowa, Illinois, Wisconsin at ages 18, 19, 21, and 24 Overall outcomes by age 24 20% had felt totally unprepared for leaving foster care at emancipation 24% had been homeless at least once Over half were unemployed Median annual income was $8,000 3/4 of the women had been pregnant at least once (42% had been pregnant three or more times) 40% had sometimes or often worried about running out of food 2/3 of the women were on food stamps 81% of the males and 57% of the females had been arrested at least once during their lives C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Benefits of remaining in care (when other permanency options are not available) 2.5 times more likely to get BA (i.e. baseline estimate of 10% increased to 25%) 61% pay differential for BA (nearly doubles lifetime earnings) Sub-baccalaureate pay boost too (12-17% for associate degree equaling $400k work-life earnings; $300k for at least some college) 38% reduction in risk of becoming pregnant Better personal and family health, etc Source: Courtney, Mark, et al. (2009). California s Fostering Connections to Success Act and the Costs and Benefits of Extending Foster Care to 21 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Urban Institute Study Used Midwest Study and Los Angeles data (n=316) to predict uptake rates and placement preferences for California Findings for youth at age 19: 41% of former foster youth were living with a relative compared to 79% of 19 year olds nationwide 20% had been homeless 60% had a diploma or GED 23% had attended vocational or job training Over half were unemployed Median annual earnings were $4,600 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Estimated uptake rate in California 60% 38% 30% Source: Urban Institute Study 18 19 20 Age C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

SF Estimated 60% participation in year 1 (2012) Opt out or ineligible 88 Extend care 132 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y Total youth = 220

Urban Institute: Estimate of placement types for California Placement Type Kinship THP Plus Foster Care* Guardian Home Supervised Independent Living Placement* Foster Family Agency Foster Home Group Home At age 18: FY 08 09 LA Actual 27% 0% 16% 0% 29% 8% 18% Age 18 to 21: FY 14 15 CA Estimated * These new placements would be county-approved to comply with IV-E health and safety standards, not subject to community care licensing. 22% 20% 15% 15% 15% 8% 5% Source: CA Fostering Connections to Success Act Web Site C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Estimated placement preferences for San Francisco based on Urban Study Placement Kinship THP Plus Foster Care* Guardian Home Supervised Independent Living Placement* Foster Family Agency Foster Home Group Home Total Projected SF % 22% 20% 15% 15% 15% 8% 5% Projected SF # 29 26 20 20 20 11 7 132 * These new placements would be county-approved to comply with IV-E health and safety standards, not subject to community care licensing. C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Survey of SF foster youth Objectives Forecast uptake rates and placement preferences Identify rationale for choices Explore services needed for eligibility Determine ILSP service usage C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Survey methodology Sent to all foster youth turning 18 in 2012 96 youth surveyed $20 Safeway gift card incentive 44% response rate (42 of 96) C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Findings 79% surveyed want to remain in care. Most expect to fulfill the high school (76%) or college attendance (70%) requirement Most want information regarding college/job programs (70%) and job training/placement assistance (64%) 33% want to remain in their current home, while the rest prefer a more independent living arrangement C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Comparing placement preferences Placement Preferences Kinship THP Plus Foster Care Guardian Home Supervised Independent Living Placement Foster Family Agency Foster Home Group Home Other (Biological) Total Urban Institute Projections 22% 20% 15% 15% 15% 8% 5% 0% 100% Youth Survey Findings 23% 21% 5% 38% 5% 5% 0% 3% 100% C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Reasons for Not Wanting to Remain in Care (n=9, 21%) Want to return home to their biological parents (n=3) Want to be independent and no longer in the system (n=3) C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Use of ILSP Services 60% participation Most used services: Life skills classes (36%) Workshops, cultural events, and field trips (24%) College prep services (21%) C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Implementation Timeline Enhanced KinGAP Program Effective 1/1/11; implementation has begun Current KinGAP recipients have been notified Expected timeline for conversion of all cases to the new KinGAP program is within 90 days When a provider identifies that a youth has special needs, Foster Care Eligibility will refer to the SCI Unit for a special needs assessment Extended Foster Care Effective 1/1/12 SF-HSA will convene local implementation workgroups starting in May 2011 C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Workgroup Membership & Focus One workgroup will be internal to SF-HSA; others will include community stakeholders Areas of focus will mirror the state structure: Rates, Eligibility, Payments, Fiscal and Admin (internal workgroup) Program and Placements Training and Informing Rules of Court C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Role of Workgroups Bring back information from state-level workgroups Work through implementation issues Assist in development of policies/procedures to support local implementation of AB 12 Make recommendations to internal SF-HSA Steering Committee Other roles as assigned and appropriate C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Workgroup Process If you are interested in participating, please indicate this next to your name on the sign in sheet before you leave We will do our best to involve everyone who is interested in a workgroup but may need to restrict the size of groups C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Resource Materials Today s presentations will be posted at www.sfhsa.org in the What s New section CA Fostering Connections to Success website http://www.cafosteringconnections.org/ C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y

Questions? C I T Y & C O U N T Y O F S A N F R A N C I S C O Human Services Agency H U M A N S E R V I C E S A G E N C Y