30 June 2009

Independent Living Program:

Law and PracticeServices for Teenaged Youth in Foster Care;

Services for Youth Aging Out

30 June 2009

Services to teenagers in foster care Definition: “A comprehensive array of

services available to adolescents in the custody of the department.”

“Children in the custody of the department who are receiving independent living services remain subject to the requirements of case plans and judicial reviews until permanency is established.”

IL services provided regardless of case plan goal.

30 June 2009

Services to teenagers in foster care IL services to be provided regardless of any

disabilities a youth may have – equal opportunity. Very important. ADA requires “reasonable accommodations.”

Remember: all youth aged 13 and older must be provided notice of, and given the opportunity to attend, each judicial review hearing.

30 June 2009

“Independent Living”: What is this? Assessments of and specialized services to

teenagers, ages 13 – 18, in out-of-home placements;

Subsidized Independent Living: a specialized non-licensed placement for youth ages 16 – 18 in foster care;

Services and financial assistance to youth who have aged out of the foster care system.

30 June 2009

Services for teenagers in foster care Sec. 409.1451(4), F.S.; Rule 65C-28.009,

F.A.C. Pre-Independent Living Services: 13 –

15 Life Skills Services: 15 – 18 Subsidized Independent Living: 16 – 18

Rule 65C-28.010, F.A.C. Minor parents in the custody of the

Department.

30 June 2009

Case Planning

How the plans are created is as important as when and what needs to be done.

Rule 65C-28.009, F.A.C. Principles of Case Planning for Teenagers:

Youth-Centered Staffings to include the youth Held in a time and place convenient to the youth

School Work

Must agree with the IEP plan, if any All plans (incl. APD) must be coordinated & in case plan.

30 June 2009

All IL Staffings Services worker must attend Mandatory invitees:

Service Worker’s supervisor CLS attorney’ The Youth GAL, if any appointed Youth’s attorney, if any Adults and family significant to the youth, including family

members with whom the youth may be involved after aging out.

Conducted at least annually

30 June 2009

IL Staffings, cont’d

Youth encouraged to invite any adults important to him or her.

Staffing youth-centered and conducted in a language the youth understands, or using an interpreter.

Held in time, place convenient to youth. Information from assessments and staffings

included in a written report submitted to court as part of the judicial review.

30 June 2009

IL Staffing, cont’d

Mandatory topics for each IL Staffing: Youth’s educational and work goals

Examine youth’s progress Identify any obstacles to goal achievement

Identify needed life skills and progress towards skills previously identified

SIL program, including program requirements and benefits

Road to Independence Program, including:

30 June 2009

Mandatory topics for each IL Staffing

Program requirements and benefits Tuition fee exemption and Bright Futures Program

Permanency arrangements including the youth’s wishes regarding adoption.

For youth aged 17, the youth’s plans for living arrangement after 18 and the life skills services they may need to be continued past age 18 and

Any other identified obstacles and needs the youth has in regard to Independent Living

30 June 2009

Pre-Independent Living Services: 13 – 15 Assessment* w/in 30 days of 13th birthday (or w/in

60 days of coming into care) Pre-independent living assessment tool; File review; Review other assessments & evaluations;

Incl. educational, psychological and psychiatric Personal observations; Interviews with any person familiar with the youth who can

be helpful with the assessment process. E.g., teachers, neighbors, family

* Defined at F.A.C. 65C-28.009(5)(c)1. Court filing.

30 June 2009

Pre-Independent Living Services: 13 – 15 Assessment continued Assessment to be discussed with the youth Assessment required to be used to determine

the training and services needed for the youth to learn skills necessary for success and self-sufficiency.

Determined services to be included in case plan!

Assessment used to determine the youth’s strengths and needs.

30 June 2009

Pre-Independent Living Services: 13 – 15 Assessment continued Case Planning: Services and Training

Services Worker to ensure that child’s identified needs are met.

Skills may be presented by an array of providers. Instruction and interaction with caregivers In-home services Referrals to community providers One-on-one coaching Group learning sessions Public school curriculum

30 June 2009

Life Skills Services: Ages 15 – 18 Staffings:

Now at least every six months To ensure identified training and services are

being provided and to evaluate youth’s progress Must document who is to help youth with each

skill and timeframe for training. Information about assessment, staffing and

services to be in the case plan, developed with the child, and reviewed by court at each JR.

30 June 2009

Life Skills Services: Ages 16 – 17Subsidized Independent Living §409.1451(4)c, F.S. and Rule 65C-28.009(7),

F.A.C. What: A hybrid of foster care and living

independently. “An opportunity for teenagers in foster care to receive a subsidy and other supports from the department in order to live in a setting that is not required to be licensed.” Participating youth live on their own, but remain under the supervision of the department and the courts.

30 June 2009

Subsidized Independent Living Statutory Requirements:

Youth must be adjudicated dependent, with youth in department custody a minimum of 6 months (cumulative over total time in custody);

Permanency Goal: adoption, independent living, or long-term licensed care;

Youth must be at least 16; Youth must demonstrate independent living skills, as

determined by the department – an independent living skills assessment.

Youths who meet criteria shall be formally evaluated for placement in a subsidized independent living arrangement.

30 June 2009

Subsidized Independent Living Rule requirements that may be waived

Enrolled full-time in an educational program (high school, college, GED or Vocational/Technical program);

Employment or extra-curricular school activities; Savings to pay for move-in and first month

expenses (this money may also come from any other legal source);

Responsible behavior, excluding violent acts, running, delinquency or property crimes within prior 6 months;

30 June 2009

Subsidized Independent Living Finances:

Youth receives a board rate up to a maximum of $ 1126 monthly (RTI amount). This is determined by youth’s monthly expenses and the cost of living. To be negotiated with youth.

Youth also receives the annual clothing allowance.

Youth may also receive additional financial incentives, not greater than $50 each, to attend IL classes, submit paperwork timely, etc.

30 June 2009

Subsidized Independent Living Possible Living Arrangements

Live alone Roommate (no cohabitation) in dorm Rent a room from a family

This is important for youth ages 16 – 18 who have found placements with unlicensed relatives or other adults, to qualify for all possible post-18 IL programs.

Background checks Spelled out in Rule 65C-28.009(7)(e)7.e., F.A.C.

30 June 2009

Subsidized Independent Living Necessary documents

SIL agreement, updated annually, that sets out the youth’s and the department’s responsibilities, and a full explanation of the consequences of non-compliance;

Case plan, updated annually and filed with court; JRSSR’s for each 6 month judicial review; Parental Notification – within 10 days of the living

arrangement, unless TPR. This is not parental consent, however.

30 June 2009

Subsidized Independent LivingCaseworker responsibilities

First 3 months of living arrangement: Caseworker must make contact twice weekly, with one

contact being in the youth’s residence; Caseworker must make once weekly contact with the

youth’s IL Coordinator.- Thereafter:

- Caseworker must make contact at least once monthly, in the youth’s residence;

- Caseworker must make once monthly contact with the youth’s IL Coordinator.

30 June 2009

Subsidized Independent Living When to use:

As an incentive for an older teenager to stay in school, engage in positive behavior, etc.

When a youth wants to move into a relative or non-relative placement, to allow that youth to remain eligible for Independent Living programs upon turning 18. Discuss this – question yesterday.

30 June 2009

Life Skills Services: Age 17

Special (new) assessment done within calendar month of 17th birthday

Special staffing at 17th birthday Done within calendar month of 17th birthday Identified necessary services and training shall be

provided; updated case plan. Expedited services and training provided to 18.

Done in preparation for the 17th birthday special Judicial Review Hearing.

30 June 2009

Special 17th Birthday Judicial Review § 39.701(6), F.S. Must be held within 90 days of birthday Court may now choose to conduct more

frequent judicial review hearings See statutory listing for all issues that must

be addressed in the JRSSR and at the JR. Updated case plan required that lists all IL

services since the 13th birthday. Court has special contempt powers at this

hearing.

30 June 2009

Minor parents in Foster Care: Rule 65C-28.010, F.A.C. (Dependent) Parent and baby are to be

placed together unless such placement places the baby’s safety at substantial risk or there is no foster or group home available to house both.

The agency should not automatically file a petition for dependency of the minor’s baby, unless there are grounds for dependency independent of the parent’s own status as a dependent child.

30 June 2009

Minor parents in Foster Care: cont’d The foster home that houses a dependent

minor parent and the baby receives an enhanced board payment that is to include the baby’s needs.

There is a disincentive for such minor parent to participate in Subsidized Independent Living, since then the baby’s needs are not included in the minor parent’s SIL payment.

30 June 2009

Removing Disabilities of Non-age for Banking. § 743.044, F.S. A foster youth will be treated as an adult, and will be

able to enter into contracts for “depository financial services”, i.e., checking and savings accounts, if he or she:

is 16 years of age or older; has been adjudicated dependent; resides in out-of-home placement; has completed a financial literacy course; and receives a court-order removing the disabilities of

non-age for banking purposes.

30 June 2009

Non-age for Banking, cont’d

Entry of court order should be done automatically at the first Judicial Review hearing after the youth turns 16, or sooner, if needed.

See Rule 8.978, Fla. R. Juv. Pro.

30 June 2009

Removal of Disabilities of Non-age for Lease Purposes. § 743.045, F.S. Allows a foster youth to be able to sign a

lease on the day of the 18th birthday. This permits the youth to sign necessary documents, such as the application, credit check authorization, lease, etc.

30 June 2009

Non-age re Leases, cont’d

Court order is required to remove non-age disabilities. See Fla.R.Juv.P. 8.977.

Requirements for entry of order: 17 years old; Adjudicated dependent; In the legal custody of the Department through

foster care or subsidized independent living. Order should be automatically entered at 17-

year old judicial review.

30 June 2009

Removing Disabilities of Non-age for Utility Services. § 743.046, F.S. A foster youth will be treated as an adult, and will be

able to enter into contracts for for the purpose of securing utility services at a residential property upon the youth's 18th birthday, provided the youth:

is 17 years of age or older; has been adjudicated dependent; Is in the legal custody of the Department through

foster care or subsidized independent living; and receives a court-order removing the disabilities of

non-age for banking purposes.

30 June 2009

Non-age re Utility Services, cont’d Again, entry of court order should be

automatically done at the first judicial review hearing after the youth turns 17.

Supreme Court recently amended Rule 8.977 to include the removal of disabilities of non-age as to both residential leaseholds and utility services, so only one order is necessary.

30 June 2009

Public Benefits Issues upon Transition SSA Notices - need to know who receives

them, and ensure you receive a copy. SSI Youth is disabled and receiving own

benefits: SSA requires a new disability determination due

to more stringent standards for adult disability. Paperwork needs to be submitted to SSA prior to

18th birthday.

30 June 2009

Public Benefits Issues upon Transition SSA Benefits – child receives due to a parent’s or

guardian’s death, disability or retirement. Youth not also disabled: benefits can be extended up to

19th birthday or HS graduation, if youth in HS full-time. Youth is also disabled: benefits can be extended for

lifetime, incl. Medicare, if SSA determines disability prior to age 23.

Must provide SSA necessary paperwork to avoid termination of benefits at age 18!!!

30 June 2009

Public Benefits Issues upon TransitionMedicaid All youth exiting foster care receive Medicaid

up to 21, regardless of income or assets. Caseworker must complete ACCESS paperwork

– once only. Medicaid Waiver Medicaid – a separate

category. Only received through SSI or two other sources. Must contact ACCESS if APD services are needed.

30 June 2009

Whew!

So – that’s the basics of case planning for teenagers in foster care!

Stay tuned – Part II will give the basics for the post-18 IL programs.

30 June 2009

Part II: IL Services for youth 18+ §409.1451(5), F.S. Categories of assistance: General

entitlements Tuition and Fee Waiver Remaining in the Foster Home Medicaid Coverage

IL Programs. These are not entitlements Road to Independence Program (“RTI”) Transitional Support Services Aftercare Support Services

30 June 2009

Tuition and Fee Waiver: § 1009.25, F.S. What: A waiver of tuition and fees at any

Florida public institution of higher learning. No limit on length of time this is valid for foster or

former foster youth. But, for the adopted student, and the student in

relative custody, the exemption remains valid for only 4 years after the date of graduation from high school. (This should include the date of earning a GED.)

Youth may attend school full or part-time.

30 June 2009

Tuition and Fee WaiverWho qualifies for the waiver:

All foster youth and former foster youth (i.e., those who were in foster care on their 18th birthday) are eligible to attend a Florida publicpublic secondary institution without payment of tuition or fees.

Former foster youth who were adopted from DCF after May 5, 1997; Youth who were in foster care for at least 6 months, and were placed in a guardianship by the court after age 16.

Any student in relative custody per § 39.5085 at age 18

Paperwork; Outreach.

30 June 2009

Remaining in the Foster Home: § 409.1451(5)(b)6.d, F.S. Youth eligible for any post-18 IL Program Services may choose

to remain in his or her family foster home or group home.

The youth may choose to move to a different licensed family foster home or group home, with the help of the department.

The youth does not count as a foster child for licensing purposes in the home.

The department should help the youth negotiate room or room and board payments, particularly if the youth wishes to remain in a licensed group home with rates higher than the board rate.

30 June 2009

Medicaid Coverage: § § 409.903(4) and 409.1451(9), F.S Coverage up to the 21st birthday. Qualification:

Any young adult who is eligible to receive services under § 409.1451(5), F.S. (i.e., any of the 3 Independent Living programs), qualifies for Medicaid services without any income or resource test.

30 June 2009

Road to Independence Program: Rule 65C-31.004, F.A.C. What:

This is the “Cadillac” of the IL programs. Available for all full-time students

Completing high school Studying for a GED Post-secondary education

Vocational training or college

30 June 2009

Road to Independence Program

Who is eligible: Must be a Florida resident and Youth to have been in foster care at least six

months prior to turning 18; Is currently in foster care or was in foster care on

18th birthday. (Rule 65C-31.004(1)(a)3 requires only that the youth “be

or have been in the legal and/or physical custody of DCF at the time of.. 18th birthday.” DJJ or DOC placements; OR

30 June 2009

Road to Independence Program:Who is eligible. Cont’d

were adopted from Foster Care or were placed with a court-approved guardian;

and had reached 16 years of age; and spent a minimum of 6 months in

Foster Care within the 12 months immediately preceding such adoption or placement;

Discussion of “court-approved guardian”.

30 June 2009

Road to Independence Program:Who is eligible. Cont’d

Dates of eligibility: Initial award

Must be made prior to the 21st birthday Renewals

Possible up to the 23rd birthday

Termination of eligibility Upon receiving two diplomas, certificates or

credentials; or Bachelor’s degree.

30 June 2009

Road to Independence Program

Award amount Maximum is $ 1126 monthly based on new federal

minimum hourly wage of $ 6.55 (eff. 7/24/08). Based on the youth’s living and educational needs; Youth required to apply for all other available

scholarships and grants, such as Bright Futures, Pell. Youth need help completing FAFSA!

They are “wards of the court” for financial aid purposes.

30 June 2009

Road to Independence Program

Award Amount Based on a Needs Assessment – see Chapter

65C-31, F.A.C. Needs assessments done on-line. HS Assessment & incarcerated youth.

Timing of Award: annual renewal Payments for youth aging out:

Begin the first day of the month of the 18th birthday;

No pro-ration of these payments.

30 June 2009

Road to Independence Program Reinstatement

No automatic one year waiting requirement. Guidance will come soon.

30 June 2009

Transitional Support Services: Rule 65C-31.005, F.A.C. What: These services may include financial,

housing, counseling, employment, education, mental health, disability, and other services.

Limitation on Benefits Period: The maximum period of services for any application is three months. At the end of the three-month period, if the services remain vital for achieving self-sufficiency, the youth may reapply for the services. If at any time the services are determined to be no longer critical to the youth’s own efforts to achieve self-sufficiency and develop a personal support system, they shall be terminated or a reapplication shall be denied.

30 June 2009

Transitional Support Services

Amount of financial benefit: There is no cap on the amount a youth can receive in

the fiscal year. The former cap of $5000 no longer exists – even if ETV funds are used for the first $5000 of transitional support services.

However, many CBCs still limit the amount to a monthly benefit of $416: $5000/12 months.

Amount is to be calculated based on the need for help demonstrated by the youth.

30 June 2009

Aftercare Support Services: Rules65C-31.001(a) & 65C-31.003, F.A.C.

What: Services intended to assist young adults in developing the skills and abilities necessary for independent living, including financial assistance, mentoring & tutoring, mental health services & substance abuse counseling, life skills classes, parenting classes, job skills training, & counselor consultations. These services are not limited to preventing homelessness! Temporary cash, usually for a discrete purpose.

30 June 2009

Aftercare Support Services, cont’d Financial assistance: there is no cap on the

amount of temporary financial assistance that can be provided. The former cap of $1000 each fiscal year has been eliminated.

Financial assistance to prevent homelessness: any application for the purpose of preventing homelessness is to be acted upon expeditiously as a request for emergency help.

30 June 2009

Miscellaneous IL Provisions

Applications for Services: the rule requires access to the applications for IL program services for all former foster youth.

Applications must be timely processed and the decision as to qualification and award amount timely provided to the applicant.

Rules 65C-31.005(9) & 65C-31.009(1)F.A.C. Why: due process and appeals rights

30 June 2009

Due Process

Must provide youth with due process information when any decision is adverse to the youth Complete or partial denial.

For any youth who wishes to appeal, refer to pro bono attorney, gen’ly, legal aid or legal services office, for help.

30 June 2009

Thank you for your attendance! Materials prepared by:Deborah A. Schroth, Esq.Statewide Director of TrainingDCF, Children’s Legal ServicesDeborah_schroth@dcf.state.fl.us (850) 524-5815

Please feel free to contact me with any questions.