AB 12 Informational Convening
Placement & Licensing Breakout Session
Placement & Licensing:
Outline of Today’s Presentation


Overview placement options for NMDs
Focus on changes/new placements





THP-Plus FC
SILP
Group Homes
THPP
Placement Topics
•
•
•

Shared Living Agreement
Placement and Reentry
Fingerprinting
Licensing Interim Standards
•
•
•
Placement Agreement
Relative Approval
Grievance Process
Where are Older Youth in Placed in
Foster Care?
2,985 18 year-olds as of April 1, 2011
Foster THPP, 3%
Home, 6%
Other,
10%
Kin, 19%
Runaway,
11%
Guardian,
13%
Group
Home,
19%
FFA, 19%
Placement All County Letter &
Interim Licensing Regulations


ACL 11-77 – Extension of Foster Care
Beyond Age 18: Part Two (Placement)
available at:
http://www.dss.cahwnet.gov/lettersnotices/ent
res/getinfo/acl/2011/11-77.pdf
Community Care Licensing – interim
regulations for Non-Minor Dependents in
Foster Care available at:
http://ccld.ca.gov/PG2802.htm
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.”
Placement Settings

Traditional placement options still available to NMDs
including:








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)
Group Homes for NMDs

Decision on group home placement is to be a youth-driven,
team-based case planning process

Youth can 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

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;
 Treatment services to alleviate the medical condition cannot be sole basis
for disqualification from group home (Ex: youth is seriously emotional
disturbed and is in therapeutic day treatment);
 Treatment strategies should prepare NMD for discharge to a less restrictive
and more family-like setting.
Case Plan for Group Home Placements

For group home placements, the case plan must
specify





Why a group home is the best placement to meet the
needs of the NMD;
How this placement will assist the NMD’s 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.
Transitional Housing Placement
Program

Youth can continue to participate in THPP
after age 18 and up to age 19:

In order to complete high school or equivalency
prior to age 19; OR

In order to complete the high school year prior to
age 19
New Supervised Independent
Living Settings
Supervised Independent Living
Settings
THP-Plus Foster Care
Supervised Independent Living
Placement
THP-Plus Foster Care



Modeled after existing THP-Plus program
WHY?
 Measurable youth outcomes
 9,188 youth served in last five years
 Experienced network of 60 providers in 51 counties
THP-Plus will continue to serve three categories:



Youth between ages of 21 and 24;
Youth under age 21 who do not want to participate in extended
care;
Youth who do not meet one of five participation conditions
For more information, visit www.thpplus.org
THP-Plus vs. THP-Plus FC
HOW THEY ARE THE SAME


Provide youth a comprehensive range of
supportive services, including
educational, vocational & social support.

THP-Plus FC is a IV-E eligible
placement

Court supervision

Child welfare or probation oversight

Providers will pay fees to county for
approval process

More comprehensive criminal
background clearance for providers

Will use different data systems

Different program durations

Serve different ages
Affordable housing in three settings:




HOW THEY ARE DIFFERENT
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/mo)

Neither licensed by Community Care
Licensing

Both will have flat rate


THP-Plus: 18 to 24
THP-Plus FC 18 to 20
Status of THP-Plus Foster Care






THP-Plus FC ACL on County Plan Requirements is final
Future ACLs to cover approval standards and rates
Two rates proposed: one for site-based; one for host family
Parenting NMD’s receive the Infant Supplement and if in
host family model, may be eligible for the WFFH Shared
Responsibility Plan rate in addition
Unclear how 70/30 split will operate under realignment
NOTE from ACL: Beginning January 1, 2012, foster youth who
have reached age 18 and want to participate in extended care have
the option to do so as long as they meet all applicable program
requirements. Even if THP-Plus-FC is not available as a placement
option on January 1, 2012, the NMD can remain in the current
placement or the county can place the NMDs, as appropriate, in one of
the other placement options
Supervised Independent Living
Placement




Intended for NMDs who are developmentally ready to live
independently
NMDs responsible for finding their own SILP unit; SILP must
be approved by county
No service provider/no caregiver/least restrictive placement
Settings may include, but are not limited to:
 Apartment living (alone or with roommates)
 Single room occupancies
 Renting a room
 Dorms/university housing
 living situations which include adult siblings, appropriate
extended family members, tribal members, NREFM or
mentors should be explored
SILP Rate

Limited to basic rate (currently $776.00/month)

NMD may receive the foster care benefit directly

Clothing allowance available

Parenting NMDs receive the Infant Supplement.

Specialized care increment not available
Two-Part SILP Process

Readiness Assessment

SILP Inspection: Checklist of Facility Health and Safety
Standards

NOTE: College dorms, or other designated university
housing not subject to SILP inspection and NMD does
not have to have a readiness assessment prior to
residing in a college/university setting
SILP Readiness Assessment

Readiness assessment is required; no standard
tool


If no permanent connection not on site, assessment
must take into account youth’s level of skill and ability to
manage this least restrictive setting
Assesses whether or not the NMD is
developmentally ready to handle daily tasks on
their own, such as:




Preparing meals
Budgeting
Managing money
Paying bills
SILP Readiness Assessment

Examples of 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 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 grievance process
Approval of SILP Unit

10-item SILP inspection checklist is completed by
SW/PO

Two kinds of deficiencies:

Immediate denial: Running water, heat, electricity, fire escapes, and be
free from hazards such as exposed electrical wires, black mold, and
insect or rodent infestations.

Issues that need repair: Neglect of maintenance of the building and
grounds, cracked window(s), peeling wallpaper, or stained walls or
flooring, Inoperable sink or shower
University/College Approved Housing is exempted from the checklist
Other SILP Information

Denied unit does not mean a NMD may not be placed in a
SILP, just not that SILP

Copy of completed checklist should be provided to NMD

NMDs allowed to live in an unapproved SILP temporarily

SILP unit must be re-inspected annually

County must inspect new SILP within 10 calendar days

SILP Approval and Placement Agreement sent to FC EW

SILP may not include living with biological parent
SILP Roommate Selection

Given SILP rate, likely that NMD will require a roommate

Roommates and landlords do not need to be assessed
(no background check required)

Important for discussions between the NMD and the
supervising agency and/or case managers to help the
youth reach a responsible decision
Making Placement Decisions
and Supervision of Placements
Supervision of Placement

Monthly face-to-face visits with Social Worker/PO



Federal regulations require a majority of supervision to be in
the residence of the child
Efforts should be made to respect the NMD’s privacy
NMDs sharing room with a minor


NMDs who remain in the same placement may continue
sharing a room with a minor in the home.
NMDs who change placements, the NMD may share a room
with a dependent minor at the discretion of the case
managers for both parties (exp. of situations where sharing
a room may be appropriate: siblings, close in age)
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 and will
be posted on CDSS website by January 1, 2012
 SOC 152 Placement Agency – THP-Plus-FC Provider
Agreement
 SOC 153 Placement Agency – FFA Agreement
 SOC 154B Agency - Group Home Agreement
 SOC 156A Agency – Foster Parents Placement Agreement
 SOC 157A SILP Approval and Placement Agreement
 SOC 157B SILP Inspection: Checklist of Facility Health and
Safety Standards
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)
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 minor
dependents
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
Shared Living Agreement
Shared Living Agreements are a best practice
SLA be negotiated between the NMD and
provider/caregiver/roommate
Examples of what to include in SLAs







Curfews (up to caregiver and NMD).
Overnight guests (caregiver could restrict it or allow it).
Using kitchen and utensils.
(caregiver can’t restrict it as off limits but could have “no
cooking past midnight” rules.)
Allowances or passing along money for personal
spending – it is not required but should be addressed in
the Shared Living Agreement.
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 reentry
Subsequent ACL on Re-Entry will be released
soon
County Grievance Procedures



Grievance process currently exists for relative
approvals (not placement); defined in Division
31
Disputes arising around placement decisions
– resolved through social worker, NMD and
ultimately by the court
Other grievance processes around
placements will be locally determined
Assembly Bill (AB) 12
Licensing Interim Standards
Identified “Big Ticket” Sections

Definitions

Plan of Operation

Safeguards for Cash Resources, Personal
Property, and Valuables

Reporting Requirements

Admission/Intake Procedures

Criminal Record Clearance
Identified “Big Ticket” Sections,
cont’d.

Removal or Discharge Procedures

Nonminor Dependents’ Records

Personal Rights
Expectations, Alternatives, and Consequences
Health-Related Services
Food Service
Responsibility for Providing Care and Supervision
Activities
Buildings and Grounds






Definitions, Plan of Operation &
Records
Issue
Guidance
Definitions
New definitions applicable to nonminor dependents
(NMDs)
Plan of Operation
Information to be included in Plan of Operation to
address NMDs.
Records
Control of records shared by caregiver and NMD.
Safeguards, Reporting & Criminal
Record Clearance
Issue
Guidance
Safeguards for Cash
Resources, Personal
Property, and Valuables
Control of these resources shifts from the caregiver to
a NMD.
Reporting requirements
What is to be reported to licensing, placement
agencies, and authorized representatives in regards to
a NMD.
Criminal record
clearance
NMD not subject to criminal record clearance to be in
a children’s residential community care facility.
Admission/Intake Procedures

Process for the caregiver and a NMD
regarding admission into a licensed children’s
residential community care facility.

Appraisal of a NMD to address needs of a
NMD, ability to meet needs, and compatibility
of the NMD with the facility or home.
Removal or Discharge Procedures



Reasons and procedures for removal/discharge of a
NMD from a children’s residential community care
facility in an emergency or non-emergency situation.
7 day prior written notice required for nonemergency 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
Personal Rights

Personal Rights that apply to a NMD, e.g.,
Allow NMD to acquire, maintain, and possess and use personal items.
 Acquire, possess and maintain vehicle
 Select, obtain and store own food
 Select, obtain or decline medical, dental, vision or mental health care
 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 cellphone
 Leave or depart the home at any time at NMD’s discretion


Caregiver 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
Expectations, Alternatives, and
Consequences



Reasonable expectations for living in the
facility or home with emphasis on reasonable
alternatives and consequences for
noncompliance with expectations.
A NMD is to participate in review based on
needs.
May use Shared Living Agreement as a
Model
Responsibility for Providing Care
and Supervision



Caregiver to assist a NMD in developing
skills necessary for self-sufficiency.
Caregiver permitted to leave NMD in home
alone, including overnight (up to 72 hours
with no notice)
If longer then 72 hours, caregiver shall
provide written or verbal notification to the
social worker and get prior approval
Activities, Food & Health-Related
Services
Issue
Guidance
Activities
Entitles a NMD to participate in activities of his or her
own choosing
Food
Permits a NMD to have opportunity to plan and prepare
meals as well as be provided with meals.
Heath-Related Services
Caregiver responsibility for health-related services to a
NMD, e.g., assistance to a NMD with selfadministration of medication.
Medical Confidentiality



NMDs have all legal decision making authority as
any other adult
Privacy regarding medical conditions
Federal requirement to include information about
known medical problems/medications and other
relevant health information applies to NMDs (must
be documented in HELP)


Confidential, but must be provided to caregiver in
licensed/approved setting
Caregivers/providers required to keep all medical
information confidential
Buildings and Grounds

Permits a NMD to share a bedroom with a
child or another NMD

Permits a NMD to have access to household
items needed for cooking or cleaning.
Relative Approval Standards for
NMDs

Now that we have the draft of Article 3 of
the CCL regulations, the process for relative
approval for NMD’s needs to be
correspondingly modified to meet the new
Article 3 standards.
QUESTIONS?