Transcript Title IV-E Probation Claiming

Title IV-E Probation Claiming
Deborah LaFayette
[email protected]
Title IV-E of the Social Security Act
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Children placed in out-of-home care
(AFDC-FC)
Services and activities which reduce
or eliminate the need to remove a
child from his/her home. (Administrative
costs)
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Services and activities which reunify
a child with their family or create a
permanent plan for the child.
(Administrative costs)
Department of Health and Human Services (DHHS)
administers program for feds.
Title IV-E
Congress Provided Funds For:
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Eligibility Determination
Foster Care Maintenance Costs
Adoption Assistance
Administrative costs deemed necessary
by the Secretary for the proper
administration of the program
45 CFR 1356 - time study categories
Missouri Decision (1987)
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Department of Health & Human Services
Departmental Appeals Board
 AKA "Supreme Court of Grants"
DAB Decision No. 844
 eligibility determination (negative as
well as positive)
 administrative costs incurred for those
children the state reviews as
reasonable candidates (at serious risk
of removal).
ACYF-PA 87-05
3 ways to document reasonable candidate
status
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an eligibility determination form under Title IVE; or
evidence of court proceedings in relation to the
removal of the child from the home, in the form
of a petition to the court, court order, or a
transcript of the court’s proceedings; or
a defined case plan which clearly indicates that
“absent effective preventive services, foster
(i.e., out-of-home) care is the planned
arrangement for the child.”
Note: this is not a definition of “reasonable candidate”
Chronology for Title IV-E
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State Budget Woes 1990-91 - CPOC /
CDSS Negotiations
CFL 90/91-58
CPOC Title IV-E Guidelines (1992)
Adoption and Safe Families Act (1997)
AB 575 – Changes to WIC
SB 933 – Group Home Monthly visits
“Final Rule” (January 2000) Changed child
welfare audit goals and procedures
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Led to AB 636
ACYF-PA 01-02 (July 2001)
Budget Deficit Act 2006
State Requirements
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A single State agency is designed to claim
federal Title IV-E. In California the
agency is the California Department of
Social Services (CDSS)
The agency must develop a “state plan”
and regulations for implementation of
Title IV-E requirements. The regulations
are:
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Division 31 Assessment and Case Plan
Division 45 Eligibility AFDC-FC
County Requirements
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The state plan designates implementation
at the local level through the county’s
Social Services Agency.
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Each county submits a claim to the state. The
state then combines and submits one claim to
the Feds.
Probation Departments claim for their
services via a required Memorandum of
Understanding (MOU) with the local
agency.
Reasonable Candidate
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A child at imminent* risk of removal from the
home because….
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Delinquency, behavior, abuse are not sufficient by
itself to make child reasonable candidate (PA 0102).
Absent effectiveness of articulated services, foster
care is the plan for the child.
This MUST be documented prior to claiming any
Title IV-E administrative costs.
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NOTE: The original term “serious” in the DAB was
changed with the Deficit Reduction Act 2006 by
congress defining in code as “imminent”
Assessment & Case Plan
Overview
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Assessment and Case Plan are
evolving documents that can and
are changed or modified over time
as the needs of the child and family
change. (31-320)
Division 31 regulations allow for a
“Two-Tier” case plan process.
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31-206.1, 31-206.2 (except .222) & 31.206.4 for Family
Maintenance
31-206.222 and 31-206.3 if/when placement
Assessment & Case Plan
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W&I code 706.5: Assessment and Case Plans
are required within completed time frames
for children being placed in out-of-home
care.
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706.6 W&I defines case plan content.
If the probation department is claiming Title
IV-E administrative costs for children not
being placed out-of home, an assessment
and case plan for “family maintenance” is
required (as defined in Division 31) and the
child must meet the “reasonable candidate”
requirement.
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636.1 W&I has time lines for reasonable
candidate cases
Assessment Requirements
(Division 31-205)
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The relevant social, cultural, and
physical factors relating to the
following:
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The child.
The child's parent(s)/guardian(s) or person(s)
serving in that role.
Other significant persons, including children and
siblings, who are known to reside in the home.
The apparent problems, and possible causes
of those problems, which require intervention
and the family strengths which could aid in
problem resolution.
Assessment Requirements
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Whether the child may safely remain at
home if pre-placement preventive services
are provided, and, if so, the specific services
to be provided.
If the child is a parent, any special needs of
the child with regard to his/her role as a
parent.
Any known social services previously offered
and/or delivered to the child or family and
the result of those services.
Assessment Requirements
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The need, if known, for any
health/medical care.
If placement is being recommended, you
must also document relatives or others
who could provide or assist with legal
permanency - adoption, guardianship, or
preparation for independence should
family reunification fail.
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Notice to the parent, Indian Custodian, and
tribe must be sent if the child is an American
Indian. (ICWA)
Case Plan Requirements
If the child is not being removed from the home.
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Measurable, time-limited objectives.
Specific services to be provided and case
management activities to be performed.
Specific descriptions of the
responsibilities of the PO
Projected date for completion of case
plan objectives.
Date services are to be terminated.
Case Plan Requirements
If the child is not being removed from the home.
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Schedule of planned contacts and
visits with the child and the family.
Exceptions to visiting requirements
must be documented.
Supervisor MUST sign and date the case
plan.
Parent MUST sign and date the case plan
or you must document attempts, dates.
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Case Plan Requirements
If the child is being removed or recommended to be removed
from the home.
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Two service tracks must be identified for
children receiving family reunification
services.
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Reunification (up to 18 months, reviewed every 6
months.
Permanency
Determination and description of the type of
home or institution which will best meet the
identified needs.
Case Plan Requirements
If the child is being removed or recommended to be removed
from the home.
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Efforts to place siblings together and reasons why
they were not placed together, if applicable.
Rationale for out-of-county placement and
description of responsibilities of sending and
receiving counties.
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For out-of-state placement you must have MDT
recommendation as well.
ICWA responsibilities
Reasons child placed a substantial distance from
home.
Case Plan Requirements
If the child is being removed or recommended to be removed
from the home.
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Schedule of visits with parents and
grandparents or documentation why visits
will not be done.
Schedule of visits with provider.
Health and Education information about the
child and planned health care and education
while the child is in out of home care.
Independent Living Plan for child 16 years
or older.
Time Frames for Completion
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If child is going to out-of-home care (you are
recommending placement), the case plan must be
completed within 60 days from date of removal or
by disposition.
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Date of Removal is date of arrest which results in
out of home care.
If child is to receive Family Maintenance Services
and the Department is claiming Title IV-E, the
case plan must be completed and signed within
60 days of the initial removal or face-to-face
contact or disposition which ever is first. (31310)
If you cannot obtain all information in the
required time frames
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Document all attempts to obtain the
information. This is NOT a one-time
effort
Complete all elements of the case plan
that you can and sign it.
Have the case plan reviewed,
approved and signed by your
supervisor.
Case Plan Evolution
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Your case plan is never static. It is
not something you fill out and
forget. It needs to be updated as
needed for:
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Changes in circumstances, behavior,
improvements
Changes in plans, completion of goals.
Referral dates and service completion
dates
Case Plan Updates
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At minimum, every six months
when the child is in the home.
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To continue to claim Title IV-E
Administrative costs, the update must
include why the child continues to be a
“reasonable candidate” for foster care.
For children in placement these
coincide with the required Court
hearings.
Case Notes
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Case notes demonstrate follow-up
with case plan.
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Bad: “2/4 saw minor, all okay”
Good: “2/4/07 visited with minor at
school. Has been attending regularly,
grades improving. Has not yet seen
substance abuse counselor. Instructed
him to do so. Minimal progress in
resolving family issues.”
Visiting “Reasonable Candidate”
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Division 31 definitions:
 Visit = face-to-face
 Contact = phone, correspondence or faceto-face
PO shall visit each child and parent with an
approved case plan who remains in the
home at least once each calendar month.
(31-320.3 & 31-325.2)
 Exceptions are listed.
Visit must be documented.
Visiting Children in Foster Care
Division 31-320
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Visits with the child must be done at least once
each calendar month.
Exceptions to Visiting Requirements
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Court approval for a specific visiting schedule.
Child is placed with relative, guardian, or foster
family under Interstate Compact and receiving
state is providing case information to PO
THERE IS NO EXCEPTION FOR MINORS IN
GROUP HOMES. THEY MUST BE VISITED
MONTHLY.
 Visits must be at least two weeks apart.
Parent/Child Visits
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The Probation Officer shall arrange for
visits between child and the parent(s) or
guardian(s) named in the case plan no
less frequently than once each calendar
month for children receiving family
reunification services. (31.340.2)
Title IV-E
TIME STUDY PROCEDURES
Why do I need to do a Time
Study?
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Title IV-E pays for between 20%
and 35% of a county’s juvenile
services.
Activities MUST be fairly
apportioned between this program,
other federal and non-federal
programs.
Who must do a
Title IV-E Time Study
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All Probation Officers involved with juvenile
offenders where Title IV-E is claimed MUST
time study.
All support staff and first line supervisors
who are not 100% dedicated to support of
Juvenile Probation Officer activities MUST
time study. If they are 100% dedicated to
these activities they may be included in the
cost pool without doing a time study.
Basic Time Study Form
Category
B-Eligibility Determination
C-Foster Family Recruitment
D1–Training
D2-Enhanced Training
E-Court Related
F-Treatment & Counseling
G-Case Management Preventative
H-Case Management Foster Care
Monthly Group Home Visit
K-Non Allocable
L-Probation Only
1 2 3 4 etc. (Days of Month Headings)
Time Studies
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Staff MUST complete their time
study on a daily basis.
Time is allocated to closest 15
minute interval.
Break time should be recorded to
the activity being performed prior to
the break.
All paid hours must be recorded.
Claiming to Title IV-E categories
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Claiming categories B through J are to be used to
record time ONLY for activities related to a child
where case file documentation indicates the child
is a reasonable candidate for foster care because
they are at imminent risk of removal from the
home and the developing/existing case plan
indicates that absent the prevention services
foster care is the plan for the child. These same
activities performed on behalf of a child who is
NOT a reasonable candidate must be recorded in
Category L – Probation Only
Record time to categories B through H
when…
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The child is not in residential
placement or detention, is at
imminent risk of removal, the case
file has documented the child is a
reasonable candidate because of
the imminent risk and the
department is making reasonable
efforts to prevent removal.
Category B – Eligibility Determination
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Eligibility determination means
determination of eligibility for
federal financial participation in
payment of monthly foster care
maintenance costs (payments made
to foster parents or group homes.
Category B – Eligibility Determination
Types of activities
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Birth certificates or other documents establishing date
and place of birth
Citizenship or resident alien status
Social security number(s) of minor and
parent(s)/guardian(s).
Family income
Family members residing in the home / relationship to
minor
Any form of public assistance family members may be
receiving
Any health or disability issue which might make the
family eligible for public assistance.
Completing foster care assistance applications,
eligibility determination information for foster care.
Category C – Foster Care Licensing
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Providing public information to encourage
potential foster parents to volunteer
Assessment of potential foster parents
and their homes
Certification/re-certification of foster
family agency homes
Temporary certification of foster homes
pending foster home licensing.
D1 - Training
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Any training that although not directly
related to the allowable Title IV-E
activities is necessary for the proper
administration of the California Title IV-E
State Plan. Examples would include:
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Report writing
General communication
Ethnic Diversity
Computer applications necessary for
maintaining case work documentation.
Alternative treatment approaches
D2 – Enhanced Training
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Training directly related to allowable Title IV-E
activities as listed in Title 45, Section 1356.60
Code of Federal Regulations for Title IV-E eligible
staff (probation officer/case worker) only. These
activities are:
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Referral to services
Preparation for and participation in judicial
determinations
Placement of the child
Development of the case plan
Case reviews
Case management and supervision
Recruitment and licensing of foster homes and
institutions
Training Category Note
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Training related to peace officer
responsibilities must be coded to
Category L (Probation Only). Examples of
this type of training would include 832
P.C., most of the CORE training
curriculum, searches, management of
assault behavior, arrest procedures.
85% content rule and 2 person minimum
DAB 2110
Category E – Court Related
Examples of activities
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Reviewing applications for petition for removal
from the home (not a criminal petition).
Interviewing youths, family members, other
persons with significant involvement with the
child and family.
Collecting information from collateral sources
such as schools and counseling agencies
Conferring with attorneys, supervisors, etc.
Writing reports and submitting them
Time spent in court as a witness, court officer, or
in discussions with the judge and/or attorneys
Time spent recording court orders or clarifying
court orders immediately after the hearing
Category F – Treatment & Counseling
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Time spent providing treatment or therapeutic
counseling services or documenting those
services to a child or a child’s family in order to
ameliorate or remedy personal problems,
behaviors, or home conditions.
The distinction between this category and case
management is that often probation officers refer
families to professional counselors or counseling
agencies to obtain these kinds of services. When
such a referral is made, the activity is case
management. When the probation officer
personally provides the service, time so spent
should be recorded in the Treatment and
Counseling category.
Category G – Preventative Case
Management Activities
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Case management entails determining
what needs to be accomplished in a case,
setting specific goals, establishing a plan
of action to reach those goals, arranging
for utilization of resources, monitoring
progress toward goals, maintaining case
records, and modifying the case plan as
necessary. In short as the name implies,
these activities are focused on managing
what happens rather than providing direct
service.
Category G – Case Management
Examples of activities
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Assessment of case dynamics prior to developing a case plan
Development of case plans
Completion of needs or risk assessments
Development or revision of an appropriate plan of care for a child
including the initial individualized case plan, a comprehensive
reunification plan or a permanency plan for the child
Supervision and monitoring (i.e., school visits, home visits, etc.)
All planning, assessments, and paperwork that contribute to the
above activities
Collateral contacts with parents, family members, teachers and other
significant adults or peers related to the development, revision or
supervision of a child’s case plan
Determination of the need for and referral to appropriate therapeutic
and social services required by the child and/or family as specified in
the case plan
Preparation and/or participation in case and administrative reviews,
case conferences, staffing, or permanency planning meeting
Referral of parent to community/placement resources
Category H – Foster Care Case
Management Activities
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Case management activities (as
listed in Category G) incurred when
the activity is directed to a child
who is in an allowable residential
placement. Placement must be nonsecure.
Group Home Monthly Visits
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This category is to record all time,
including travel time, spent visiting
youth placed in Group Homes.
These monthly visits are mandated
per SB933
Category K – Non Allocable
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This category is used for all paid
time during which no work related
activity is expected, for example
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Vacation/compensatory time off
Paid holidays
Sick time
Jury duty
Category L – Probation Only
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Working with youth NOT at imminent risk
of removal, youth in an unallowable
setting, or supervising and monitoring
youth performing an unallowable activity.
Note: Unallowable settings include
detention, secure placements, boot
camps, and facilities with more than 25
beds and for whom an arm of the
government has final administrative
control
Category L – Probation Only
Examples of activities
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Routine contacts and communication with youth
not at imminent risk of removal or youth in an
unallowable setting
Family assessments of youth not at imminent risk
of removal or youth in an unallowable setting
Supervision/monitoring youth in detention
Supervision of youth performing community
service
Travel associated with above activities
Any activity related to peace officer/law
enforcement responsibilities and peace officer
training
Calculating the Claim
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Excel Workbook
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Time study hours
Cost Pool
ICRP
Calculation (put in FER)
Claim to CWD
Title IV-E – Further Information
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CPOC Website
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http://www.cpoc.org/Title%20IVE/titleive.php
Division 31 regulations
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http://www.dss.cahwnet.gov/ord/CDSSManual_240.htm