OVERVIEW of AB 12:

1

• OVERVIEW of AB 12
• Focus on Foster Family Agencies and Group Home
  Providers

2
Introductions

• Who are you?
• FFA, Group Home Provider, Social Worker, Relative
  Caregiver, Foster Parent, Other?
• What are the ages of the foster youth you work
  with?
• What are you most concerned about for youth in
  foster care who are turning 18?
• What do you hope to get out of todays training?
  
• Any special concerns/questions?

3
Todays Presentation

• Eligibility Rules for Participation in Extended
  Foster Care
• Benefits Youth Participating in Extended Foster
  Care Receive
• Placements for Non Minor Dependents (NMDs)
• Placement Decisions and Supervision of Placements
• Licensing and Approval Standards for NMDs
• Youth in Delinquency and Extended Foster Care

4
Eligibility Rules to Participate in Extended
Foster Care
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5
Hypothetical

• Visnu and Davion are brothers. Visnu turned 18
  in December 2011 and Davion turned 15 years in
  December 2011.
• Their father has died and their mother is an
  alcoholic who is unable to care for them.
• Visnu has anger issues. He is in a special day
  class through his IEP at school. He goes to see
  a therapist once a week.
• Davion was recently arrested for robbery and is
  on probation.
• Through the local foster family agency, they were
  placed with foster parent Emily when they first
  entered foster care in 2008. They share a room
  in Emilys home. There are also 2 other minors
  in her home.

6
Eligibility Requirements for EFC

• Extended benefits available to foster youth who
• Have an open court case at age 18 (i.e. order for
  FC placement)
• Satisfy one participation requirement
• Sign a mutual agreement
• Agree to meet with Social Worker
• Agree to work on transitional independent living
  skills
• Live in a licensed or approved setting
• Have 6 month court review hearings

7
Phase-in Timeline
NOTE The phase-in was largely eliminated in the
recent budget bill. At this point, it applies to
those youth who either (A) turned 19 in 2011 or
(B) turned 19 in 2012 if they were not receiving
AB 12 benefits immediately prior to turning 19.
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Youth Who Turned 18 During 2011

• Youth who turned 18 during 2011 are eligible IF
• Order for foster care placement ons 18th
  birthday AND
• Youth was still under order for foster care
  placement or re-entered care as of January 1,
  2012
• NOTE As long as a youth is receiving AB 12
  benefits in 2012 immediately prior to turning 19,
  the youth can continue to receive benefits after
  turning 19.
• Some of these youth may have had to exit care at
  age 19 (solely due to turning 19), but are NOW
  eligible to re-enter and receive benefits until
  21!

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Categories of Eligible/Ineligible Youth

INELIGIBLE
ELIGIBLE
Pregnant and Parenting
Married
Involved in juvenile justice system
Military
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What Must a NMD Do To Receive Financial Benefits?

• One of the following
• Be enrolled in high school or equivalent program
• Be enrolled in college/vocational school
• Work at least 80 hours/month
• Participate in a program/activity that helps you
  find a job or removes barriers to employment
• Be unable to do one of the above because of a
  medical or mental health condition

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11
Participation Condition 1 High School-GED

• Includes enrollment in public high school,
  charter high school, alternative high school,
  nonpublic school, or adult education classes
• Any course of study leading to high school
  diploma, GED, High School Proficiency
  Certificate, or High School Completion
  Certification
• Enrollment is continuous during breaks
• Participation in activities described in IEP

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Changes in the School Completion Rule

• As of January 1, 2012 there is no completion
  rule for NMDs participating in extended foster
  care
• Youth qualify to remain in foster care after 18
  if enrolled in high school or equivalent
  regardless of when the youth is expected to
  complete the program
• Completion rule still exists for youth that do
  not have access to extended benefits, including
• Kin-GAP youth who entered Kin-GAP prior to age 16
  and
• Youth with non-related legal guardianships
  created in probate court

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Participation Condition 2 Post- Secondary
Education

• Half-time requirement
• Includes non-credit courses
• Students maintain eligibility over breaks
• Students enrolled less than half time and those
  who drop classes can use participation condition
  4 to maintain eligibility
• Required verification

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Participation Condition 3 Working 80 hours per
month

• Must be a paid position
• Includes paid internships and apprenticeships
• Meets requirement as long as the youth is
• scheduled to work 80 hours/month
• Income disregarded from determining amount of
  foster care payment IF earnings are specified in
  TILP
• Less than 80 hours a month and unpaid
  employment/internships meet participation
  condition 4 (activity to remove barriers to
  employment)

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Participation Condition 4 Removing Barriers to
Employment

• Can be self-directed, completed in conjunction
  with caregiver or social worker, or part of an
  organized program
• Must be working towards goals in TILP
• Should be working towards transitioning to
  education (2) or employment (3) participation
  conditions
• Can include job skills classes, mental health
  treatment, drivers ed, ILP services and
  volunteering
• Range of documentation options

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Participation Condition 5 Medical Condition

• A physical or mental state that limits a
  nonminor dependents ability to participate in
  any of the activities described in subparagraphs
  (1) through (4)
• Must be verified by health care practitioner
• NMD does not need to be seeking treatment for
  condition

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Mutual Agreement (SOC 162)

• Documents youths willingness to
• Remain in a supervised placement
• Report changes relevant to eligibility and
  placement
• Work with the Agency on the implementation of the
  TILP
• Participate in 6 month review hearings
• Documents agencys responsibility to
• Help NMD develop and achieve goals
• Review and update TILP every 6 months
• Help NMD remain eligible for extended foster care
  by responding to problems and connecting NMD to
  supports and services
• Help NMD and caregiver develop Shared Living
  Agreement
• Ensure NMD has Medi-Cal card or other health
  insurance
• Provide NMD with contact information for his/her
  attorney

Mutual Agreement is NOT a condition of payment.
Case Manager gives SOC 162 to youth and also
signs it.
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Monthly Visits with Social Worker or Probation
Officer

• Monthly, in-person visits with social worker
• 100 of visits have to be face-to-face
• 51 in the home/placement
• NMDs can live out of county and/or out of state
  while
  participating in EFC
• Purpose of the meeting
• Identify participation conditions (including
  backup) and update TILP and case plan
• Identify services in TILP to ensure meaningful
  participation
• Focus on permanent connections and independence
• No longer focused on family re-unification,
  termination of parental rights or establishment
  of legal guardianship

19
Monthly Visits with Social Worker or Probation
Officer (cont)

• SW/PO has an affirmative obligation to ensure
  that NMDs who want to participate maintain
  eligibility
• In order to terminate dependency, must establish
  in juvenile court that the social worker made
  reasonable efforts to ensure participation
• Case planning should be collaborative
• Goals are increasing levels of responsibility

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What if a youth does not want to remain in foster
care after age 18?

• Extended Foster Care is optional but is
  opt-out
• If NMD does not want to participate, can request
  a hearing to terminate courts jurisdiction
• Hearing (known as a WIC 391) must be held prior
  to terminating jurisdiction and court must find
  the youth was informed of
• Right to remain in care
• Benefits of remaining in care
• Right to reenter care if under the age limits
• General jurisdiction for reentry retained by
• court until youth turns 21

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21
Re-Entry into Foster CareACL 12-12

• Re-enter unlimited times if under the statutory
  age limits
• Re-entry is intended to be accessible and easy
• NMD is eligible for benefits again as of the date
  that the Voluntary Reentry Agreement is signed
  and the NMD is placed in an eligible facility
• Link to Re-Entry Contact In Each County
• Dependency http//www.cwda.org/downloads/tools/cw
  s/cwda_ab_12_re-entry_contact_list_04_24_12.pdf
• Probation http//www.cpoc.org/php/Placement/place
  mentroster.php

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Hypothetical

• Visnu and Davion are brothers. Visnu turned 18
  in December 2011 and Davion turned 15 years in
  December 2011.
• Their father has died and their mother is an
  alcoholic who is unable to care for them.
• Visnu has anger issues. He is in a special day
  class through his IEP at school. He goes to see
  a therapist once a week.
• Davion was recently arrested for robbery and is
  on probation.
• Through the local foster family agency, he was
  placed in Emilys home when they first entered
  foster care in 2008. They share a room in
  Emilys home. There are also 2 other minors in
  her home.

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Hypo Review

• So now that Vinsu is 18 is he eligible to
  participate in extended foster care?
• What about Davion?
• What additional information do you need?
• If Vinsu or Davion are eligible to participate
  but do not want to continue in extended foster
  care what happens?

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Benefits Youth Participating in Extended Foster
Care Receive
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Foster Care Benefits What are the rates for the
different placements?

• If the NMD remains in the same placement
• the foster care payment amount will not change
• the payment will continue to be paid to the
  provider
• If the NMD moves to a new placement, the amount
  will be based on the new type of placement.
• A SILP is the only placement type in which a NMD
  may be entitled receive the payment directly.

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Extended Foster Care Benefits (AFDC-FC) What Do
NMDs Get?

• Same rates for placements for youth under age 18
  (as of July 1, 2012)
• Foster Homes, Relatives, NRLG, and NREFM
• Basic rate currently is 799
• NMDs can receive dual agency rate, specialized
  care increments and/or wraparound services
• Foster Family Homes Basic rate is 640-799
• Specialized Care Increments 18-1,413
• Foster Family Agencies
• Non-Treatment 640-799
• Treatment 1,697-1956
• Intensive Treatment Foster Care (ITFC)
  4034-5581
• Group Home Rate 2,223-9,419

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Extended Foster Care Benefits (AFDC-FC) What Do
NMDs Get?

• Two new placements for NMDs (rates as of July 1,
  2012)
• THP-Plus FC
• New rates will be established (state has not yet
  released the new rates)
• Supervised Independent Living Placement (SILP)
• Limited to the basic foster family home rate of
  799
• No specialized care
• Possibly CalFRESH
• SILP rate will go up each July 1 with basic FFH
  rate

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Benefits for Pregnant and Parenting Youth

• Pregnant and parenting youth are eligible for EFC
• Benefit Payment
• In a SILP, the parenting NMD can receive the
  foster care payment directly, including the
  Infant Supplement
• For parenting NMDs in licensed/approved
  facilities, the Infant Supplement is paid to the
  provider
• Whole Family Foster Homes, as FFAs or THPFC
  host family homes, are also eligible for the 200
  Shared Responsibility Plan payment

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Placement Options for NMDs
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Where are Older Youth Placed in Foster Care?
2,985 18 year-olds as of April 1, 2011
31
Placement Settings

• Traditional placement options still available to
  NMDs
• Approved home of relative or NREFM
• Certified home of an FFA (includes ITFC)
• Foster Family Home
• Group Home (with limitations)
• Home of a Nonrelated Legal Guardian
• Small Family Home/Dual Agency Regional Center
  Homes
• THPP (with limitations)
• 2 NEW Placement Options for NMDs
• THP-Plus Foster Care
• Supervised Independent Living (SILP)

32
NMD Must Be Placed in a Licensed or Approved
Setting

• Youth over 18 has to be in a licensed/approved
  facility or home. There are new
  licensing/approval standards for NMDs (more
  later).
• NMDs may remain in their current placement
  without requiring a new placement agreement but
  if move, a placement agreement is required (more
  later).
• When the foster youth approaches age 18 and wants
  to remain in the same placement, the caregiver
  and the youth may want to work on a Shared Living
  Agreement that will help define the different
  roles as caregiver and young adult (more later).

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Limitations onGroup Homes for NMDs

• Youth may only remain in group home if under age
  19 AND continuing in group home is in NMDs best
  interest in order to complete high school or
  equivalent
• Decision on group home placement is to be a
  youth-driven, team-based case planning process

34
Group Homes for NMDs (cont)

• Once NMD completes high school or turns 19,
  whichever is first, continuing in a group home is
  prohibited UNLESS
• NMD has a medical or mental health condition
  (participation condition 5) and continuing in
  group home functions as a short-term placement

35
Case Plan for Group Home Placements (ACL 11-77)

• If admission or continued placement in group home
  is necessary to finish high school or due to
  medical condition must detail reason in case
  plan.
• Case plan must specify
• Why a group home is the best placement to meet
• the needs of the NMD
• How placement will assist NMDs transition to
  independent living
• The treatment strategies that will be used to
  prepare the NMD for discharge to a less
  restrictive setting or more family like setting
• A target date for discharge from the group home
• Periodic review of the placement to ensure that
  it remains the best option for the NMD and
  progress is being made toward achieving the goal
  of independent living

36
Transitional Housing Placement Programs

• There are 3 types of transitional housing
  placements for foster youth and emancipated
  foster youth
• THPP for minor dependents 16-18
• THP-Plus Foster Care for NMDs 18-21
• THP-Plus (regular, not foster care) for
  emancipated foster youth 18-24 who are either not
  to participating in EFC or are over age 21

37
Transitional Housing Program Housing

• There are 3 types of transitional housing models
  for foster youth and emancipated foster youth
• Host Family Home
• Single Site
• Scattered Site (not available to foster
  youth16-18 years old except grandfathered-in
  youth)

38
Transitional Housing Placement Program (THPP for
foster youth 16-18)

• THPP ends at age 18 after age 18, a youth
  continuing in foster care can participate in
  THP-Plus FC.
• There will be a transition period to move youth
  from THPP to THP-Plus FC - explained by CDSS by
  July 31, 2012.
• THPP currently allows minors to live in all 3
  housing models (Host Family, Single and
  Scattered).
• Scattered site housing will no longer be
  available for THPP minor foster youth unless the
  minor youth was placed in scattered site prior to
  October 1, 2012.

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THP-Plus Foster Care

• Budget Bill makes THP-Plus Foster Care a licensed
  placement by Community Care Licensing as a
  Transitional Housing Program Provider
• The existing THPP license is an umbrella
  licensing category that now covers two categories
  of providers
• THPP providers serving youth 16 18
• THP-Plus Foster Care providers serving youth 18
  21
• Makes THP-Plus FC an available licensed placement
  effective October 1, 2012

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THP-Plus Foster Care

• The All County Letter for THP-Plus Foster Care
  will be released by July 31, 2012 and will
  include instructions on the 4 steps needed to
  become a THP-Plus FC Provider
• Apply to CCL to become licensed as a Transitional
  Housing Program Provider
• Become certified by an applicable county which
  may be similar to the Group Home/FFA host county
  letter of support process
• CCL will subsequently license the provider as a
  Transitional Housing Provider
• CDSS Rates will issue rate letter to provider

41
THP-Plus vs. THP-Plus FC

• HOW THEY ARE THE SAME
• Provide youth a comprehensive range of supportive
  services, including educational, vocational
  social support.
• Affordable housing in three settings
• Scattered site (62)
• Single-site (25)
• Host home (13)
• Intensive case management
• 1 to 12 for non-parents
• 1 to 8 for parents
• Similar monthly rates ( 2,500 - 2,800/mo)
  Host Family Home will have a lower rate than
  single or scattered
• Both will have flat rate

• HOW THEY ARE DIFFERENT
• THP-Plus FC is a IV-E eligible placement and will
  be licensed and THP-Plus is only certified by the
  county
• Court supervision for THP-Plus FC
• Child welfare or probation oversight
• More comprehensive background clearance
• Will use different data systems
• Different ages
• THP-Plus 18 to 24
• THP-Plus FC 18 to 21

42
Pre-Placement Appraisal

• Process which includes a conversation with the
  case manager and caregiver to
• Determine the needs of the NMD,
• The ability of the caregiver to provide for those
  needs and
• Ensure the safety of everyone in the home
• Not necessary for approved homes (such as
  relatives or NERFM)

43
Placement Agreements

• If a NMD remains in his or her current placement
  NO new placement agreement is required
• Any change in placement requires a pre-placement
  appraisal and new placement agreement
• New Placement Agreement Forms have been developed
  
• SOC 152 THP-Plus-FC Provider Agreement
• SOC 153 FFA Agreement
• SOC 154B - Group Home Agreement
• SOC 156A Foster Parents Placement Agreement
• SOC 157A - SILP Approval and Placement Agreement
• SOC 157B - SILP Checklist of Health and Safety
  Standards

44
Needs and Services Plan(84468.3)

• Provider should create a Needs and Services Plan
  consistent with the TILP
• NMD shall participate in development of Needs and
  Services Plan
• Must contain the following information
• Planned length of placement
• Removal and discharge procedures

45
SILP Overview

• Supervised Independent Living Placement (SILP) is
  a new placement option for NMDs ready for greater
  independence. Providers may be in the position of
  assisting a youth transition into a SILP.
• Limited to basic rate (currently 799.00/ month)
  and possibly CalFRESH
• NMD may receive the foster care benefit directly
• Settings may include but not limited to
• Apartment living
• Renting a room (including w/ a relative)
• Shared roommate settings
• Dorms
• Living situations with adult siblings,
  appropriate extended family members/NREFM, tribal
  members, or mentors should be explored

45
46
SILP Readiness Assessment (contd)

• Example reasons for denial
• Rent and utilities exceed income
• Unstable income
• No knowledge of how to manage money
• Unable to care for self without assistance due to
  a medical or mental health condition
• If assessment determines that NMD is not ready
  for a SILP, areas of improvement should be turned
  into goals in their TILP
• Reason for denial should be documented on the
  assessment and provided to NMD
• If NMD disagrees, he/she has the right to a
  grievance process

47
SILP Sites

• SILP may not include living with biological
  parent
• Temporary absence rules apply
• Approving SILPs
• NMDs allowed to live in an unapproved SILP
  temporarily
• County must inspect new SILP within 10 calendar
  days
• Must be re-inspected annually
• Ensuring privacy
• Roommates and landlords not assessed
• Social workers should arrange inspections and
  home visits in such a way that respects young
  adults privacy

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48
Pre-Placement Appraisal

• Process which includes a conversation with the
  case manager and caregiver to
• Determine the needs of the NMD,
• The ability of the caregiver to provide for those
  needs and
• Ensure the safety of everyone in the home
• Not necessary for approved homes (such as
  relatives or NERFM)

49
Placement Agreements

• If a NMD remains in his or her current placement
  NO new placement agreement is required
• Any change in placement requires a pre-placement
  appraisal and new placement agreement
• New Placement Agreement Forms have been developed
  
• SOC 152 THP-Plus-FC Provider Agreement
• SOC 153 FFA Agreement
• SOC 154B - Group Home Agreement
• SOC 156A Foster Parents Placement Agreement
• SOC 157A - SILP Approval and Placement Agreement
• SOC 157B - SILP Checklist of Health and Safety
  Standards

50
Hypo Review

• So now that Vinsu is 18 what are his options
  for placements?
• Can he remain in Aunty Ems home?
• Can Visnu move into a SILP?
• What type of benefits will Visnu receive in EFC?

51
Placement Decisions and Supervision of Placements
52
Discussion Questions

• What do you think are areas of potential conflict
  between a provider and a NMD over the age of 18?
• What concerns do you have about providing ongoing
  housing/support to a foster youth after age 18?
• What are examples of things that you would do
  differently in providing housing/support to a
  youth after age 18 (as compared to the support
  you provide minor children in the home)?

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General Guidance on Placement Decisions from ACL
11-77

• It is expected that NMDs will be provided
  placements that are the least restrictive and
  encourage as much independence as possible, based
  on the NMDs developmental needs and readiness
  for independence.
• Decisions regarding continuation of current
  placements or moves to new placements shall be
  made in consultation with the NMDs.

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Expectations and Consequences for NMD

• Licensing Rule The caregiver/provider shall
  develop, implement, and maintain written
  expectations, alternatives, and consequences for
  NMDs living in the home/placement.
• One way to address this is using the Shared
  Living Agreement (SLA)
• SLA is not a licensing requirement - its a best
  practice and a way to establish house
  rules/expectations

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Shared Living Agreement (SLA)

• SLA is a basis for a written understanding
  between the NMD and caregiver/roommate and is
  recommended for when the youth enters EFC
• Should be broad in scope, covering aspects of
  shared daily living
• Each SLA should be individualized, reflecting
  specific values, concerns and personalities of
  all parties
• Should support NMDs continued transition into
  adulthood
• Renegotiated and updated as needed and
  appropriate

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Shared Living Agreement (SLA)

• Examples of what to include in SLAs
• Mentoring/Skills/Interests
• Household Agreements and Customs
• Healthy and Safety Concerns
• Household Chores and Responsibilities
• Attendance and Performance at School and or Work
• Financial (allowances or personal spending)
• Drugs and Alcohol
• Conflict Resolution
• Curfews
• Guests

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Emergency Placements

• Emergency placements may be necessary for NMDs
• Until regulations are developed, Manual of
  Policies and Procedures sections 31-410
  (temporary placements) and 31-45 (emergency
  shelter care) apply
• Group homes still subject to limitations

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Placement of NMDs Who Re-Enter

• Placement in a licensed foster home where minors
  reside is allowed
• Pre-placement appraisal conducted
• County may elect background check for NMDs placed
  in homes with minors
• Placing agency has discretion to place prior to
  receipt of results based on results of appraisal
• Criminal record does not disqualify them from
  re-entry

59
Hypo Review

• Visnu who is 15 wants to be able to have access
  to his own medications without having to ask
  Emily. Is that permissible per the licensing
  rules?
• What about Davions (18) ability to access
  medications?
• If Emily needs to leave for a week can she have
  Davion be responsible Visnu while she is away?

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New Licensing Standards for NMDs
61
How are Licensing/Approval Standards Different
for NMDs?
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Overview of New Licensing Regulations

• All licensed providers who house NMDs will be
  required to follow new regulations
  (http//www.ccld.ca.gov/res/pdf/AB12gh.pdf)
• We will be detailing some of these new rules
• NMDs sharing room with a minor
• Fingerprinting
• Notification of Whereabouts (NMD and Caregiver)
• Intake Procedures
• NMDs personal rights
• NMDs rights regarding personal property and
  valuables
• New responsibilities for supervision of NMDs
• Residential Activities
• Removal Procedures

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Intake Procedures For NMDs (84468.1)

• If a new placement
• A pre-placement appraisal is completed by
  administrator and/or social worker
• Appraisal shall include statement declaring the
  NMD is no threat
• Overview of the NMDs health history (including
  physical and developmental disabilities mental
  health conditions)
• Social factors, likes, dislikes, interests and
  activities

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Intake Procedures For NMDs (cont)

• Non-emergency placement facility staff shall
• Obtain intake information from placement agency
• If information is not completed by placement
  agency
• If not received within 15 days then the facility
  staff shall seek the information from other
  sources
• Request Health Education Passport, any Needs
  and Service Plan and Independent Living Plan for
  NMD
• Complete Needs and Service Plan
• If an emergency placement
• NMD in facility shall not result in the facility
  exceeding its license

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Needs and Services Plan(84468.3)

• Provider should create a Needs and Services Plan
  consistent with the TILP
• NMD shall participate in development of Needs and
  Services Plan
• Must contain the following information
• Planned length of placement
• Removal and discharge procedures

66
NMDs Sharing Room with a Minor (84487)

• There are only 3 circumstances when NMD can
  share room with a minor (applies to FFA, FFH or
  Group Home)
• NMD and minor have been sharing bedroom before
  NMD turned 18 OR
• NMD and minor are siblings OR
• NMD is sharing a bedroom with his/her own child
• If none of the above apply, need an exception
  from licensing!

67
Fingerprinting of NMDs

• Licensing rule No fingerprinting required for
  NMDs
• Counties can use fingerprinting
• Youth remaining in care in the same placement
  attaining age 18 no fingerprints.
• Youth who exit and re-enter they may be
  fingerprinted only for the purpose of assessing
  the safety and appropriateness of placement in a
  facility that has minors

68
Notification of Whereabouts(84461)

• If NMD wants to go away over night
• The licensed FFA/FFH and Group Home staff shall
  report to NMDs case manager any prolonged absence
  or failure to return of NMD lasting more than 72
  hours that involves the NMD and threatens the
  physical or emotional health or safety of the
  NMD
• If the caregiver wants to go away over night
• Caregiver permitted to leave NMD in the home
  alone, including overnight (up to 72 hours with
  no notice to the case manager)
• If longer then 72 hours, caregiver shall provide
  written or verbal notification to the case
  manager and get prior approval.

69
A NMDs Personal Rights(84472)

• Examples of personal rights that apply to a NMD
• Allow NMD to acquire, maintain, and possess and
  use personal items
• Acquire, possess and maintain vehicle
• Select, obtain and store own food
• Adequate privacy for visitors
• To be informed by caregiver of laws regarding
  complaints and confidentiality of complaints
• Send/receive unopened mail
• Acquire, possess and maintain landline or cell
  phone
• Leave or depart the home at any time at NMDs
  discretion
• To be free from unreasonable searches of personal
  belongings.
• Caregiver/Provider shall ensure NMD is verbally
  informed of these rights at time of placement and
  provided written information regarding agencies
  NMD can contact if rights are violated

70
Safeguards for Cash Resources and Valuables
(84426)

• A NMD shall have control of his or her cash,
  personal property, and valuables in accordance
  with his/her developmental level
• At their request, the NMD shall be given
  assistance with managing their cash or personal
  property
• At anytime the NMD may entrust the facility with
  his/her personal property or cash resources
• The facility must then keep the NMDs resources
  separate from the facilitys
• The facility must maintain an accurate and
  up-to-date itemized list of the NMDs resources
• The facility may not make expenditures from the
  NMDs resources for any basic services

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NMDs Health Related Services (84475)

• NMD has to have access to first aid supplies
  appropriate to the needs of the NMD and privacy
  for first aid treatment
• If facility controls access to medications
• If NMD requests, then staff has to assist with
  self-administration of medication  
• Staff shall ensure that NMD stores medication and
  injections in a manner that ensures the safety of
  the other NMDs and children in the facility
• If the NMD cannot determine his needs for
  medication, facility staff shall determine the
  need of the NMD in accordance with medical
  instructions

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Placements Responsibility for Care and
Supervision of NMD (84475)

• Licensee shall assist NMD to develop
  self-sufficiency skills
• Financial literacy
• Nutrition and healthy food choices, grocery
  shopping, meal prep
• Identification of suitable home and home
  maintenance
• Child care and children needs
• Automotive maintenance
• Educational and career development
• Obtaining medical, dental, vision and mental
  health care
• Access to community resources
• Developing and researching goals
• Self-care, including doing their own laundry
• Drug and alcohol abuse awareness and prevention
• Safe sex and reproductive health information

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Placements Responsibility for Care and
Supervision of NMD (contd)

• As developmentally appropriate, provide care and
  supervision to meet needs of the NMD
• Ensure a NMD parent provides care and supervision
  for his/her child
• NMD shall not be used as staff substitute
• Work to help NMD develop maintain permanent
  connections

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Residential Activities (84479)

• Information regarding emancipation shall be
  provided to NMD, including
• Requirements for trade, vocational or
  professional careers (internet)
• Informational brochures on employment-related
  programs
• Community-sponsored events promoting
  volunteerism, internships or employment
• Salary information for trade, vocational or
  professional careers
• Requirements for participation in Transitional
  Housing Program (THP)-Plus, THP Plus Foster Care
  and Supervised Independent Living Settings

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Residential Activities (contd)

• NMD allowed to select and participate in
• activities of his/her choice.
• Activities shall be consistent with the
  agreed-upon expectations of living in the
  facility
• NMD may request assistance with attending college
• links to below can be found on CCL website
• Application for admission
• Contact with Foster Youth Success Initiative
  Liaison
• Financial Aid
• Participation in Extended Opportunity Programs
  and Services
• College orientation and course planning
• Enrollment, payment of fees

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Removal Procedures for NMDs (84468.4)

• 7 day prior written notice required for
  non-emergency discharge
• Emergency removal includes
• Removal by law enforcement officers when a NMD is
  arrested
• Removal becomes necessary when the health and
  safety of the NMD or others in the home is
  endangered by the continued presence of the NMD
• Removal for emergency medical or psychiatric care

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Youth in Delinquency Extended Foster Care
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Hypothetical

• Visnu and Davion are brothers. Visnu turned 18
  in December 2011 and Davion turned 15 years in
  December 2011.
• Their father has died and their mother is an
  alcoholic who is unable to care for them.
• Visnu has anger issues. He is in a special day
  class through his IEP at school. He goes to see
  a therapist once a week.
• Davion was recently arrested for robbery and is
  on probation.
• Through the local foster family agency, they were
  placed in Emilys home when they first entered
  foster care in 2008. They share a room in
  Emilys home. There are also 2 other minors in
  her home.

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Youth Involved in Delinquency System

• Youth involved in the delinquency system can
  participate in extended foster care under 3
  circumstances
• Probation youth (wards) over 18 who are under the
  jurisdiction of the delinquency court with an
  order for foster care placement on his/her 18th
  birthday OR
• Probation youth (wards) over 17 years, 5 months
  who transferred to transition jurisdiction and
  is under transition jurisdiction on his/her 18th
  birthday OR
• Probation youth who was transferred to dependency
  system prior to age 18 and has order for foster
  care placement on his/her 18th birthday

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Why Transition Jurisdiction?

• How is this different from delinquency
  jurisdiction?
• Youth are not subject to any terms or conditions
  of probation. WIC 451(b)
• The case is managed as if the youth is a
  dependent (if the youth is a minor) or a
  non-minor dependent (if the youth is an adult).
  WIC 451(b)
• Why create this new jurisdiction?
• Important for eligible youth to be able to take
  advantage of extended benefits without remaining
  on probation/under delinquency supervision.
  Encourages former delinquent youth who may
  otherwise opt out to participate in services.

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Assuming Transition Jurisdiction

• Court can consider assuming transition
  jurisdiction for a ward with a foster care
  placement order
• At the status review hearing held closest to a
  ward attaining 18 years of age, which must occur
  at least 90 days before the wards 18th birthday
  OR
• When the court is prepared to terminate
  jurisdiction for ward over 17 years, 5 months of
  age.
• NOTE Court can also assume transition
  jurisdiction at re-entry for eligible former
  wards who exited and wish to re-enter
• Rule 5.812(e) , WIC 450, 451 607.2 727.2(i)
• Form for Findings and Orders JV-680

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Supervision of Transition Jurisdiction

• Counties must decide whether Probation or Child
  Welfare will be charged with supervising
  transition jurisdiction youth
• Counties must also decide which court will
  supervise.
• Each county must modify its protocol for Section
  241.1 to include a provision for determining
  which agency and court shall supervise.

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Hypo Review

• Davion was arrested for robbery and is on
  probation.
• He entered the delinquency system and is also
  still in foster care.
• What happens to his delinquency status once he
  completes his probation?

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QUESTIONS?
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Contact Information
Angie Schwartz Policy Director The Alliance for
Childrens Rights Work [phone] Cell
[phone] a.schwartz_at_kids-alliance.org
Anjuli Arora Dow Attorney, Policy and
Training The Alliance for Childrens Rights Work
[phone] Cell [phone] a.aroradow_at_kid
s-alliance.org
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