Independent Living Advocacy

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Independent Living Advocacy

• Presented by
• Gerard F. Glynn
• Associate Professor of Law
• Barry University School of Law
• gglynn_at_mail.barry.edu
• 321-206-5750

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What are independent living skills?

• What do we do everyday to survive?
• How did we learn these skills?
• How did we learn what we needed to be successful
  in work?
• How did we learn what we needed to maintain our
  house?
• The question for today is how can we help foster
  youth learn all of this?

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Barriers to learning IL skills

• Bad role models
• Group Home and Foster Home Practices
• Other Barriers
• Barriers to extracurricular activities
• Barriers to normal friendships
• Barriers to jobs
• Barriers to drivers licenses
• Barriers to financial literacy

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What does the law require?General IL Services

• Opportunities to participate in life skills
  activities in their foster families and
  communities which are appropriate for their age
• Provide training to staff and foster parents
• Develop list of age appropriate activities
• Maximize foster parents authority to approve
  activities
• Provide opportunities for mentors
• Give direct access to allowances

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Two Major Age Groups

• 13 to 18 year olds
• Pre-Independent Living Services
• Independent Living Services
• Subsidized Independent Living
• 18 to 23 year olds
• After Care Services
• Transitional Services
• Services Not just cash
• Road To Independence Program

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13-14 year olds

• Assessment of skills
• https//www.caseylifeskills.org/aclsa/default.htm
• Annual Staffing
• INDIVIDUALIZED Services based on assessment
• Revised Case Plans including educational and
  career plan
• Childs participation reinforced by mandate that
  a good faith effort to fully explain prior to
  signature on any document.
• Information in Judicial Review Reports (IL
  Staffing information shall be put in writing and
  submitted as part of judicial report to the
  court)

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13-14 year olds

• Direct access to and management of allowance
• Written plan for age appropriate activities
  developed by foster parent, child and case
  manager. The plan is to be reviewed no less than
  quarterly 409.1451(3)(a)(3)
• Ask that these be added to the court reports.
• An example is included in the materials.
• Immigration status clarified if needed

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Educational Planning

• Any child in foster care who is 13
• Set Educational Goals and Career Path
• Attend 4 year college
• Receive 2 year degree
• Attain career and technical certificate or
  credential
• Begin employment (apprenticeship) or enter
  military
• Identify plan to accomplish goals
• Created by child, foster parent, teacher or other
  school staff member.
• Shall be reviewed at all judicial reviews
• All of this complements requirement of
  interagency agreements

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15-16 year olds

• Staffing every six months
• Assessment needs to have been done
• Services should continue based on assessment
• Life skills
• Evaluate progress in developing needed skills
• Continue with Educational Goals
• Revise Case Plans to meet individual needs
• Consider Subsidized Independent Living as an
  option for 16-17
•  

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Open Bank Accounts

• Courts can remove disability of nonage of 16 or
  17 foster youth to allow them to open bank
  accounts F.S. 743.044
• Child has to have completed a financial literacy
  class.
• Should get court orders for youth at judicial
  review hearings.
• This is a limited removal of disability of
  nonage.

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Subsidized Independent Living

• Not many children
• 16 17 year old foster children
• Permits children to remain in foster care while
  living outside a foster home
• Why?
• Educational stability when turning 18 in the
  middle of the year
• Relative Placement or non-relative but want to
  qualify for IL Program
• Receive monthly stipend and continuing services
• Qualifications in Operating procedure not rules
• All foster children 16-17 must be evaluated for
  possible SIL.

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17 year old

• Ensure continued staffings every 6 months
• Ensure assessment has been provided within month
  of 17th birthday
• Ensure services are being provided
• Continue with educational goals
• Ensure Revised Case Plan

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17 Year Last Chance!

• Ensure Compliance with Fla. Stat. 39.701
• Have case reviewed more frequently by court
• Make sure the child comes to the hearings

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17 year old

• 39.701(6)(c)
• At the time of the 17 year old judicial review
  hearing held pursuant to this subsection, if, in
  the opinion of the court, the department has not
  complied with its obligation as specified in the
  written case plan or in the provision of
  independent living services as required by s.
  409.1451 and this subsection, the court shall
  issue a show cause order.

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What do 17 years olds get? 39.701(6)Have before
judicial review when 17

• Medicaid Card and information to apply for
  Medicaid after 18.
• Certified copy of birth certificate
• Drivers license or Florida Identification card
• Information about Social Security
• Master Trust Account full accounting
• Training related to budgeting, interviewing and
  parenting

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What do 17 years olds get?

• Information related to Road-To-Independence
  Program.
• Information that they can remain in their foster
  home or another foster home provider.
• An open bank account
• Information on public assistance
• An understanding of where he or she will be
  living on his or her 18th birthday and how
  expenses will be paid.

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What do 17 years olds get?

• Notice of right for extended court jurisdiction
  for one year.
• Encouragement to attend judicial review hearings
• Removal of Disability of Nonage to permit
  entering into leases F.S. 743.045
• Need court order at judicial review when 17
• Limited emancipation to enter into leases
• To contract for the lease of residential
  property upon the upon the youths 18th birthday

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Post 18 Year Olds

• Three Programs
• Aftercare Services
• Transitional Services
• Road To Independence Program (RTI)
• New name not scholarship to avoid tax and other
  federal eligibility programs

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Aftercare Services

• Not about cash but about services
• Assist former foster youth in their efforts to
  develop the skills and abilities necessary to
  live independently
• Not just referrals but should include services
• The obligation can be met by referrals
• A youth can get emergency cash for housing,
  electric, water, gas, sewer service and emergency
  food to prevent homelessness

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Aftercare Services

• Services to be provided include
• Mentoring and tutoring
• Mental Health Services
• Substance Abuse Counseling
• Life Skills Classes
• Including credit management and preventive health
  activities
• Parenting Classes
• Job and career Skills Training
• Counselor Consultations
• Financial Assistance
• Financial Literacy Skills Training
• Shall be provided expeditiously

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Transitional Services

• Services that are critical to the young adults
  own efforts to achieve self-sufficiency and to
  develop a personal support system.
• Community-based care provider and youth shall
  develop a joint transition plan
• Young adult must have specific tasks to complete
  and be accountable

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Transitional Services

• Housing
• Counseling
• Employment
• Education
• Mental Health
• Disability
• Financial
• Available for three months but youth may apply
  again

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Road to Independence Program Eligibility

• Turn 18 in Foster care, or adopted after reaching
  the age of 16 while in foster care, or placed in
  guardianship after turning 16
• Spent at least 6 months in foster care
• More restrictive if adopted or placed in
  guardianship
• Must be 6 months within the 12 months immediately
  preceding placement or adoption
• Some under 18 year olds can qualify if
• Received a regular or special high school diploma
  or special certificate of completion

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Road to Independence Program Eligibility

• Stay in school or return to school full-time
• High school
• Post-secondary
• Adult education program
• Exception to full-time if disability prevents
  full-time attendance
• Resident of the State
• Making appropriate progress in academic program
• Only 20 qualify

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Road to Independence ProgramWhat does a young
adult get?

• A financial award not to exceed minimum wage 40
  hour week equivalent (892)
• Based on living and educational needs of
  recipient
• No award shall be less than 25
• Awards shall be made by direct deposit unless
  opted out by youth
• May remain in a foster home if they desire after
  18

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Road to Independence Program

• Department shall assist in application
• Allow special diploma or special certificate kids
• Must apply for grants and other scholarships
• DCF must assist in this effort
• Must apply early connect with school counselors
  
• Program continues as long as student
• Considered full time by the institution
• Maintaining appropriate progress as required by
  the institution

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Road to Independence Program

• Program terminates upon reaching educational goal
  or age 23 whichever comes first

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Tuition Fee Exemption

• The following students are exempt from the
  payment of tuition and fees, including lab fees,
  at a school district that provides postsecondary
  career and technical programs, community college,
  or state university
• Student who was in the custody of the Department
  at the time he or she reached the age of 18
• Relative Care receiving benefits from foster care
• Student who was adopted from foster care (at any
  age)
• After spending 6 months in foster care was placed
  in a guardianship by the court
• This is an exemption not a waiver or
  scholarship

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Medicaid Coverage

• Any young adult eligible for post 18 services
  receives Medicaid until he or she reaches the age
  of 21.
• How do we get them to access the services?

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Applicable to all Former Foster Youth

• Recipient can designate in writing a third party
  payee for Aftercare, Transitional or RTI Program
  funds
• Decisions on acceptance, rejection or termination
  must be timely within 10 days
• Decisions must be put in writing
• Appellate Rights
• Go to juvenile court until 19
• Administrative Appeal
• Case management continues upon the states wishes
  and needs of the young adult formerly in foster
  care
• A young adult who is eligible for any of the post
  18 programs and desires shall be allowed to
  reside in a licensed foster home or group care
  provider.

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What happens when a child returns after leaving
at 18?

• Able to access these services prior to age 23
• Aftercare
• RTI Program
• Transitional Services

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Other Aspects to Law

• Each Community Based Care Lead Agency has to
  provide a plan on implementing services for over
  18 year olds
• Statutorily a financial report/plan on meeting
  needs within the budget
• Practically an opportunity to more expansive
  strategic planning
• Upon Completion of plan Agencies can purchase
  housing, transportation and employment services
• Funding there is new money but less federal
  money
• Programs are available to the extent funding is
  available

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Importance of Advocacy Outside the Courtroom

• Educational Plans
• Importance to have goals
• Obligations of specific persons
• Independent Living Plans
• Case Plans
• Services to the Child not obligations of the
  child
• Tool for enforcements

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• No foster care youth who is eligible for services
  should be homeless when they turn 18!!!

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Independent Living New Legislation

• Presented by
• Gerard F. Glynn
• Associate Professor of Law
• Barry University School of Law
• gglynn_at_mail.barry.edu
• 321-206-5750