Navigating the Landmines from Foster Care to Independence

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Navigating the Landmines from Foster Care to
Independence

• Tom C. Rawlings
• Director, Office of the Child Advocate

2
The Issues

• Studies show the average young person relies on
  parental support until age 26.
• But foster children are expected to Grow Up at
  18!
• Statistics
• CA 65 of foster children emancipate without a
  place to live.
• CA Less than 3 go to college
• CA 51 are unemployed
• CA Emancipated young women are four times more
  likely to receive public assistance than general
  population.
• CA Foster children are 3/10 of one percent of
  population, but 40 of persons living in homeless
  shelters are former foster children.
• Nationally, 60 of former foster youth have been
  homeless at least one night.

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The Issues

• Statistics
• Nationally, one in four youth who age out of
  foster care will be incarcerated within 2 years.
• 58 had a high school degree at age 19, compared
  with 87 of non-foster youth.
• Of youth who age out and are over 25, less than
  3 have a college degree, compared with 28 of
  the general population.
• Many foster youth have permanency plans of
  long-term foster care or emancipation.
• Nationally, 8 of foster children age out over
  20, 000 each year.

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Independent Living Program

• John H. Chafee Foster Care Independence Act
  (1999)
• Mandates that states use a portion of FCIA funds
  to serve former foster youth to age 21
• Eligible Youth
• Ages 14-21 in the foster care system, regardless
  of permanency plan OR
• Under age 21 and were eligible for independent
  living services when placement authority ended

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Independent Living Program

• Process
• Referral to Independent Living made by case
  manager
• Written Transitional Living Plan (WTLP)
• Must be developed and signed by the youth, case
  manager, and Independent Living Coordinator
• Used to plan services/activities to assist the
  youth in meeting the goals of the plan (e.g.,
  tutoring to improve grades)
• Should be included in case review process and
  forwarded to citizen review panel and juvenile
  court judge for inclusion as part of court order
• 6-month reviews are required for youth in
  aftercare status

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ILP (contd)

• Aftercare Services
• Provided to youth who are no longer in custody
  but were eligible for ILP services when they were
  discharged
• Eligibility for aftercare extends until the age
  of 21
• Transitional Living
• Former foster youth (i.e., youth in aftercare
  status) who remained in care until age 18 but who
  have not yet reached age 21 are eligible for
  financial assistance to aid in the transition
  from foster care to self-sufficiency
• Appropriate for those who demonstrate the skills,
  knowledge and stability to successfully maintain
  a household
• Examples include Transitional Living
  Assessment, Deposits, Basic Furniture, Cooking
  and Cleaning Supplies, Monthly Housing and
  Utility Subsidy, Counseling

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ILP (contd)

• Youth may remain in foster care or receive
  aftercare services for 6 months beyond their 21st
  birthday under special provisions e.g.,
  completion of educational goal as specified in
  WTLP
• Post-Secondary Education Related Expenses
• Youth receiving IL services are eligible for
  financial assistance such as application fees,
  registration fees, tuition, room and board,
  course books and supplies, drivers ed, tutoring,
  testing, educational stipends, transportation
  assistance
• IL funds are provided to supplement rather
  than replace other financial assistance

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Driving and Car Ownership

• Learners/instructional permit
• Must be making satisfactory progress on WTLP
• Must obtain written permission of birth parent
• Birth parent or caregiver must assume liability
• Caregiver must have insurance that covers the
  youth
• County DFCS Director must approve
• Drivers License
• Satisfactory progress on WTLP
• In foster care a minimum of 18 months or
  indication that current placement will last until
  age 18
• Written permission of birth parent
• Birth parent or caregiver assumes liability
• Final approval from County Director or Division
  Director
• Car ownership
• Youth age 18 and over may own a vehicle with
  approval of the County Director

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Health

• Medicaid
• Foster Care Independence Act (Chafee) encouraged
  states to provide Medicaid coverage to former
  foster children through age 21
• The SFY 2009 budget provides for expansion of
  Medicaid coverage for children in foster care up
  to the age of 21.  With the match by the Federal
  Government, the total funds allocated for
  Medicaid to 21 are 3,067,485. 
• Multi-year rollout
• EPSDT provides youth under age 21 with basic
  preventative medical treatment

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Advocacy

• The Georgia EmpowerMEnt Group
• Current and former foster youth and young adults
  ages 14-26
• Statewide
• Activities
• Leadership skill acquisition
• Trainings and public speaking opportunities
• Legislative and system advocacy
• Network building and outreach
• Contact
• Sara Bess Hudson, Project Coordinator
• Multi-Agency Alliance for Children (MAAC)
• Ph 404-880-9323 x. 307 / Em shudson_at_maac4kids.or
  g

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Education

• National Outcomes
• Up to 40 of youth in care repeated one or more
  grades
• Up to 90 were below grade level in reading or
  math
• Up to 41 receive special education services
• Students lose 4-6 months of academic progress
  every time they change schools

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Education (contd)

• Federal Laws
• McKinney-Vento Act serves homeless youth,
  including youth awaiting foster care placement
  and those who have aged out w/o completing high
  school
• Local liaisons for each school district and state
  DOE liaison
• No Child Left Behind addresses schools, not
  individuals
• Family Education Rights Privacy Act (FERPA)
  controls when education records can be released
  w/o parental consent
• Individuals with Disabilities Education Act
  (IDEA) assures a free appropriate public
  education in the least restrictive environment
  appropriate to meet needs
• Education and Training Vouchers (ETVs) under
  Chafee
• Maximum of 5,000

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Education (contd)

• State Services
• ILP through federal funds, provides financial
  support for post-secondary education
• Supplements Chafee 5,000 ETVs
• OCGA 20-3-660
• Team Child (Atlanta) Atlanta Legal Aid program
  providing legal representation to court-involved
  youth with education, special-ed and school
  disciplinary problems
• State ILP plan should provide summer and evening
  school fees, books, supplies, tutoring, SAT prep,
  drivers ed, etc.

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Employment

• Policy is to provide
• pre-employment training and networking
  opportunities to youth ages 14-15
• referrals for summer employment for youth 16-17
• paid work for youth 18-24 who meet certain
  criteria.

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Court

• Juvenile court jurisdiction terminates at age 18
• Prior to age 18, permanency hearings and periodic
  reviews should occur on schedule
• Periodic reviews every 3-6 months
• Permanency hearings at least every 12 months
• Youth must be consulted by the court with regard
  to any permanency or transition plan
• Foster parents, relative caregivers, and
  pre-adoptive parents have a right to receive
  notice of and be heard in all foster care
  proceedings, including permanency hearings for
  older, transitioning youth

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Documentation

• DFCS maintains childs birth certificate, social
  security number and other identifying information
  throughout the life of the case but this info
  should be provided to a youth transitioning out
  of care
• DFCS must provide a youth aging out of care with
  a free copy of his or her health and education
  records, including the most recent information
  available

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Other State Programs

• Illinois Can remain wards of the court until
  age 21 if child is in postgraduate education.
  Extended foster care is the youths option. May
  remain in foster homes, transitional living, or
  on their own.

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Other State Programs

• Arizona Youth remain in care voluntarily,
  receive 585 a month stipend if they are pursuing
  vocational or college ed.

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Social Security Benefits

• Supreme Court has held that state can take a
  fosters childs SSI benefits to reimburse state
  for childs foster care costs.

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If you dont know about it, what good is it?

• Numerous studies have shown that even when a
  state has excellent independent living benefits,
  too many foster children and even caseworkers are
  unaware of them.
• In Georgia in 2005, less than 50 of eligible
  foster youth received Independent Living services

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Casey Recs for Reform

• Make IV-E more flexible.
• Current financing incentives favor foster care
  over services that could keep families together
  or create incentives for other permanency
  options.
• Make all children eligible end the AFDC link.
• Support federal guardianships for relatives and
  other caregivers

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Casey Recs for Reform

• Reward states for reducing the number of children
  in foster care and achieving all forms of
  permanence.

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A Few Internet Resources

• Childrens Advocacy Institute (UCSD Law School),
  Expanding Transitional Services for Emancipated
  Foster Youth, available at
  http//www.caichildlaw.org/TransServices/Transitio
  nal_Services_for_Emancipated_Foster_Youth.FinalRep
  ort.pdf
• Casey Youth Opportunities Initiative, Time Out
  for Reform, available at
• http//www.pewtrusts.org/uploadedFiles/wwwpewtrust
  sorg/Reports/Foster_care_reform/Kids_are_Waiting_T
  imeforReform0307.pdf
• Georgia Budget and Policy Institute, Georgias
  Guide to Federal and State Sources that Support
  Youth Workforce Development with a Focus on
  Foster Youth, available at
• http//www.gbpi.org/pubs/specialreport/20070523.pd
  f
• Recommendations from and report about
  EmpowerMEnt group
• http//www.atlcf.org/www/documents/empowerment.pdf
  
• Other resources, including an excellent
  Powerpoint for foster youth on their rights
• http//www.websitetoolbox.com/tool/post/justicefor
  children/vpost?id2192561

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• Tom C. Rawlings
• Director, Office of the Child Advocate
• State of Georgia
• tom_at_gachildadvocate.org
• www.gachildadvocate.org