Presentation - Alliance for Children's Rights

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
Part 1:

Part 2:
Los Angeles County NMD Stats and Trends

Part 3:
Re-Entry: Returning to Extended Foster Care
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Part 4:
EFC Placement Best Practice

Part 5:
FAQs

Part 6:
Lisa’s Story: Her Journey Through EFC
Overview of EFC – Evolution of the Law
Part 1:
Overview of Extended
Foster Care
Evolution of the Law

Went into effect January 1, 2012as the result of the Federal
Fostering Connections to Success and Increasing Adoptions Act.

Changed the federal definition of “child” defined in 42 USC 675
to include those youth who meet a specific definition of what we
now refer to as the Nonminor Dependent (NMD).

This law allows states to use federal funds, in certain circumstances, to
extend benefits to youth up to the age of 21.

California adopted and codified what we now know as Extended
Foster Care and AB12.

AB12 has had numerous updates in the form of additional
legislation that includes AB212, 1712 and 787. These “clean up”
bills provided for NMD adoptions, continued FR for NMD’s as
well as separate court files.

Allow youth to gain real life
experience with independence
and learn from their mistakes

Provide a safety net for youth
so they can be successful as
independent adults

Create a collaborative youth-centered environment that
works proactively with eligible youth in developing and
reaching independent living goals

Help youth establish lifelong connections to caring adults
before transitioning to full independence
Nonminor Dependents (NMDs)
 A youth with an open court case with suitable placement order
at age 18 or qualifies under AB 2454 – can stay in foster care
until age 21as long as they are continuing to meet the eligibility
requirements.
Former Nonminor Dependents will receive FUNDING ONLY
(to caregiver) and can only reenter in specific circumstances.
• Youth whose Kin-GAP payments begin at age 16 or older.
• Youth who entered AAP, as long as the adoption agreement
was signed when the youth was age 16 or older.
• Former dependents/wards in non-related legal guardianships
created in juvenile court (not probate court), regardless of the
age of the youth when the guardianship was created.

Have an open case with an order for foster care
placement at age 18 and meet the following:
◦ Satisfy one participation requirement;
◦ Sign a mutual agreement with the
Agency unless deemed incompetent;
◦ Agree to meet monthly with Social
Worker (or Probation Officer);
◦ Work on transitional independent
living skills;
◦ Live in a licensed or approved setting; and
◦ Have 6 month court review hearings.
Youth MUST Meet One of the following:
1. Be enrolled in high school or equivalent program;
2. Be enrolled in college/vocational
school;
3. Work at least 80 hours/month (this
CANNOT be an unpaid internship);
4. Participate in a program/activity
that helps you find a job or
removes barriers to employment; and/or
5. Be unable to do one of the above because of a medical or
mental health condition, that has been diagnosed by a
physician.

Approved home of relative or Non-related Extended Family Member
(NREFM)

Foster Family Agency (FFA) or Foster Family Home (FFH)

Group Home (under specific circumstances)

Small Family Home/Dual Agency Regional Center Homes

Transitional Housing Placement Program (THPP)

THP-Plus Foster Care

Supervised Independent Living Placement (SILP)
9
Part 2:
Los Angeles County
Statistics and Trends
Current Age (Year of Entry)
Number
Percentage
Twenty Years of Age (2012)
705
31%
Nineteen Years of Age (2013)
720
31%
Eighteen Years of Age (2014)
884
38%
TOTAL
2309
100%
DEMOGRAPHICS OF OUR NMD POPULATION
WHAT OUR NMDs ARE WORKING ON UNDER AB12
WHERE OUR NMDs ARE LIVING/HOUSED
Part 3:
Re-Entry–
Returning to
Extended
Foster Care

Eligible nonminors (ages 18-20) can request the court to re-open their
court case

Youth re-entering will be assigned a CSW, appointed an attorney and
a Judge will be overseeing their case

Re-entry is voluntary but eligible youth have a right to request reentry as long as they intend to meet the participation requirements
and the court finds it is in their best interest

Eligible nonminors who have their cases closed can re-enter unlimited
times if under statutory age limits.
WIC 388(e)
WIC 388 (e)(1)

Eligible youth include:
◦ Nonminor dependents who had an order for foster care placement on their 18th
birthday and who have not reached 21 years of age are eligible to re-enter
 Most common re-entry scenario
 WIC 388(e)
◦ Nonminor former dependent youth with relative guardian and non-related legal
guardians or who was adopted who experiences the death of a legal guardian or
adoptive parent(s) and who still satisfy age criteria i.e. ages 18+ and who have not
reached 21 years of age
 WIC 388(e)(1)
◦ Nonminor former dependents whose former guardian or adoptive parents no longer
provide ongoing support to, and no longer receive payment on behalf of, the nonminor
and who still satisfy age criteria i.e. ages 18+ and who have not reached 21 years of age
 New as of January 1st, 2015 (AB 2454)
 WIC 388(e)(1)

Beginning on January 1, 2015, AB 2454 went into effect.
Welfare and Institutions Code Section 388.1 was amended to
provide that youth are eligible to re-enter foster care if:
◦ He or she is a nonminor former dependent, as defined in subdivision
(aa) of Section 11400, who received aid after attaining 18 years of age
under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to
subdivision (e) of Section 11405, and
◦ whose former guardian or guardians no longer provide ongoing support
to, and no longer receive aid on behalf of, the nonminor after the
nonminor attained 18 years of age, but before age 21

…
◦ (4) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing
with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or
parents no longer provide ongoing support to, and no longer receive
benefits on behalf of, the nonminor after the nonminor attained 18
years of age, but before he or she attains 21 years of age. (emphasis
added)
How Can I Help a Youth Re-enter?
o
Instruct the youth to call the DCFS 24-Hour Hotline (800) 540-4000
◦ If the case is considered a "Homeless Crisis", the CSW must respond within two
(2) hours.
◦ If the case is considered "Standard" (not homeless or it's a NRLG Re-Entry), the
CSW must respond within one (1) business day.
What If The Youth Does Not Get A Response?




Make sure youth provided current contact information to hotline
Contact DCFS office to confirm re-entry consultation notice was received
and that case has been assigned
Advise the youth of the option to come directly to the courthouse to file reentry documents
Contact legal advocate for assistance
What help can a youth expect after calling the hotline?
◦ Youth will have an opportunity to meet with a worker and sign a
Voluntary Re-entry Agreement/SOC 163
◦ The VRA documents a youth’s willingness and intention to:
 Be placed in a supervised placement setting, participate in eligibility
requirements, receive assistance from the Agency and work on case plan
• If a VRA is signed, a mutual agreement is NOT required
◦ Once the Voluntary Re-entry Agreement (VRA) is signed, the placing
agency, is required to file a 388 (e) petition (Form JV-466) requesting the
court to resume jurisdiction within 15 court days of the signing of the
VRA.
◦ A nonminor may elect to file a 388(e) petition sooner by filing directly
with the court
I am working with a youth who has started the re-entry process but hasn’t had
their court hearing. What help is available?

By signing the voluntary re-entry agreement, DCFS has the ability to:
◦
◦
◦
◦
Identify housing and fund placement for the nonminor dependent
Work with the youth in identifying medical and mental health needs
Provide referrals and assist in linking youth back to department and community resources
388 (e), WIC 11400(z), ACL 12-12
Will living with a parent make youth ineligible for re-entry?


No. As long as a youth had an order for foster care placement when they turned 18
(or meets the other exceptions for re-entry) they have a right to request re-entry.
By signing the VRA, the nonminor is agreeing to live in an approved or licensed
placement, and since living with a parent is not approved or licensed, the youth will
need to be willing to go into placement.
Can a youth who is not in school or working still re-enter?

Yes. At the time of signing the VRA, the youth just has to intend to meet the
participation criteria. The youth will need to meet one of the participation
requirements within a reasonable time frame in order to maintain eligibility.

Policy:
◦ DCFS Policy Extended Foster Care: Re-Entry of Non-Minor Former Dependents, 0100-535.65
 Updated April 2015
 http://policy.dcfs.lacounty.gov/Default.htm#Extended_Foster_Care_Re.htm
◦ California Department of Social Services (CDSS) Re-entry into EFC, All County Letter 12-12
 http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2012/12-12.pdf

Youth Material
◦ Know Before You Go: Re-entry
 http://kids-alliance.org/wp-content/uploads/2013/07/LA-Coming-Back-into-Extended-Foster-Care-2014Web.pdf

Legal Organizations
◦ Children’s Law Center of California
 ***Contact former attorney*** 323-980-1700
 Contact Extended Foster Care Team, including Peer Advocates extendedcare@clcla.org
◦ Alliance for Children’s Rights
 Next Step Team: 213-368-6010
Part 4:
EFC Placements:
Best Practice Considerations
FROM MOST RESTRICTIVE TO LEAST RESTRICTIVE
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



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1. Group Home (limitations for NMD population)
Co-2. Living with an approved relative or extended
family member
Co-2. Living with a licensed foster family or Foster
Family Agency (FFA)
Co-2. Home of a Non-related Legal Guardian
4. THP+FC (Transitional Housing Program Plus
Foster Care)- NMDs only
5. Supervised Independent Living Placements (SILPs)
– NMDs only (nearly 1000 NMDs in SILPS currently)
Transitional Housing Program Plus Foster Care

Supportive housing (apartments) where case management
services focus on self-sufficiency goals (employment,
education, permanent housing, independence).

For NMDs only - can serve special populations, including
pregnant and parenting teen and probation/cross over.

Three models: scattered site, or host family.

THP+FC formally began in January 2015. At full
capacity the program will be able to serve 900 youth.
Part 5:
Frequently Asked Questions (FAQs)
About EFC

Q - Does immigration status impact eligibility for
Extended Foster Care?

A – No! It does not disqualify a youth for EFC
eligibility as long as Special Immigrant Juvenile
Status is sought.


Q - Which foster youth are eligible for Medi-Cal until age 26?
How can they enroll?
A - Any youth who was in foster care on their 18th birthday
have Medi-Cal eligibility until 26 years of age. Foster youth
who left DCFS jurisdiction before January 1, 2014, need to go
to the local DPSS county office and complete the MC250A.
Verifying documents are not needed. For more information:
◦ http://www.dhcs.ca.gov/services/medical/eligibility/Documents/MEDIL2014/MEDILI14-05.pdf

Q- Can an NMD get CalFresh if they are a full -time
student?

A- No! Unless they meet an exception which
includes the following:
◦ employed 20 hours/week
◦ have children and
 full time student - child under 12 OR
 part time student - child under 6, or a child from 6-12 for
whom adequate care is not available OR
 They are receiving CalWorks
◦ Students employed in food stamp and training program
◦ Students who do not intend to enroll next semester


Q - NMD with a baby is living
in a THP+FC placement – can
they still get the infant
supplement?
A- Yes! DCFS processes the infant supplement
payment to the provider or the NMD (depends on the
provider placement). Current rate is $411 monthly.

Q - What about a youth who is AWOL on his/her 18th
birthday?

A – Yes! Still eligible for EFC as long as a suitable
placement order was in place and even if physically
they were somewhere else.

Q - Can a youth live in Section 8 housing and
still get SILP payments?

A - Yes! SILP payments
are not counted as
annual income.

Q - Are SILP payments treated as
taxable income?

A – No! SILP payments are
treated as foster care payments
(not taxable income). If the
NMD did not have another source
of income that year, they do not
have to file because of SILP
payments.


Q - Do SILP payments count as income for
financial aid?
A – No! SILP payments are exempted as
foster care payments. They do not need to
be reported on the FAFSA as income as well.
Includes the Following
WWW.ILPONLINE.org
DCFS’ TAY website
WWW.211.org Click on “Youth Services”
WWW.ifoster.org iFoster: Free resources
WWW.mylifemyrights.org Public Counsel
http://kids-alliance.org/app/ “Know
Before You Go (B4UGO)” smartphone
application by Alliance for Children’s
Rights
WWW.clccal.org Children’s Law Center
Los Angeles

Tamera Pruitt, County Counsel:
Tpruitt@counsel.lacounty.gov

Harvey Kawasaki, DCFS:
Kawash@dcfs.lacounty.gov

Lindsay Elliott, Children’s Law Center:
Elliottl@clcla.org
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