Transcript Independent Living Program: Law and Practice

Independent Living Program:
Law and Practice
Services for Teenaged Youth in Foster
Care;
Services for Youth Aging Out
30 June 2009
Services to teenagers in foster care
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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.
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Services to teenagers in foster care
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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?
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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
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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
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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:
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Youth-Centered
Staffings to include the youth
Held in a time and place convenient to the youth
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School
Work
Must agree with the IEP plan, if any
All plans (incl. APD) must be coordinated & in case plan.
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All IL Staffings
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Services worker must attend
Mandatory invitees:
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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
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IL Staffings, cont’d
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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.
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IL Staffing, cont’d
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Mandatory topics for each IL Staffing:
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Youth’s educational and work goals
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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:
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Mandatory topics for each IL Staffing
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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
Pre-Independent Living Services: 13 – 15
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Assessment* w/in 30 days of 13th birthday (or w/in
60 days of coming into care)
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Pre-independent living assessment tool;
File review;
Review other assessments & evaluations;
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Personal observations;
Interviews with any person familiar with the youth who can
be helpful with the assessment process.
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Incl. educational, psychological and psychiatric
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
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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
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Case Planning: Services and Training
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Services Worker to ensure that child’s identified
needs are met.
Skills may be presented by an array of providers.
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Instruction and interaction with caregivers
In-home services
Referrals to community providers
One-on-one coaching
Group learning sessions
Public school curriculum
Life Skills Services: Ages 15 – 18
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Staffings:
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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 – 17
Subsidized Independent Living
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§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
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Statutory Requirements:
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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 longterm 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.
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Subsidized Independent Living
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Rule requirements that may be waived
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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;
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Subsidized Independent Living
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Finances:
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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.
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Subsidized Independent Living
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Possible Living Arrangements
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Live alone
Roommate (no cohabitation) in dorm
Rent a room from a family
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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
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Spelled out in Rule 65C-28.009(7)(e)7.e., F.A.C.
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Subsidized Independent Living
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Necessary documents
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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.
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Subsidized Independent Living
Caseworker responsibilities
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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.
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Subsidized Independent Living
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When to use:
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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.
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Life Skills Services: Age 17
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Special (new) assessment done within
calendar month of 17th birthday
Special staffing at 17th birthday
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Done within calendar month of 17th birthday
Identified necessary services and training shall be
provided; updated case plan.
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Expedited services and training provided to 18.
Done in preparation for the 17th birthday
special Judicial Review Hearing.
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Special 17th Birthday Judicial Review
§ 39.701(6), F.S.
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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.
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(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.
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Minor parents in Foster Care: cont’d
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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.
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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.
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Non-age for Banking, cont’d
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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.
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Removal of Disabilities of Non-age for
Lease Purposes. § 743.045, F.S.
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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
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Court order is required to remove non-age
disabilities. See Fla.R.Juv.P. 8.977.
Requirements for entry of order:
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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 17year old judicial review.
30 June 2009
Removing Disabilities of Non-age for
Utility Services. § 743.046, F.S.
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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.
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Non-age re Utility Services, cont’d
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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 nonage as to both residential leaseholds and
utility services, so only one order is
necessary.
30 June 2009
Public Benefits Issues upon Transition
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SSA Notices - need to know who receives
them, and ensure you receive a copy.
SSI Youth is disabled and receiving own
benefits:
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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.
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Public Benefits Issues upon Transition
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SSA Benefits – child receives due to a parent’s or
guardian’s death, disability or retirement.
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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!!!
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Public Benefits Issues upon Transition
Medicaid
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All youth exiting foster care receive Medicaid
up to 21, regardless of income or assets.
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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!
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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.
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Categories of assistance: General
entitlements
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Tuition and Fee Waiver
Remaining in the Foster Home
Medicaid Coverage
IL Programs. These are not entitlements
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Road to Independence Program (“RTI”)
Transitional Support Services
Aftercare Support Services
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Tuition and Fee Waiver:
§ 1009.25, F.S.
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What: A waiver of tuition and fees at any
Florida public institution of higher learning.
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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 Waiver
Who 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 public 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
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Paperwork; Outreach.
30 June 2009
Remaining in the Foster Home:
§ 409.1451(5)(b)6.d, F.S.
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Youth eligible for any post-18 IL Program Services may choose
to remain in his or her family foster home or group home.
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The youth may choose to move to a different licensed family
foster home or group home, with the help of the department.
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The youth does not count as a foster child for licensing
purposes in the home.
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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.
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Medicaid Coverage: § § 409.903(4) and
409.1451(9), F.S
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Coverage up to the 21st birthday.
Qualification:
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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.
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What:
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This is the “Cadillac” of the IL programs.
Available for all full-time students
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Completing high school
Studying for a GED
Post-secondary education
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30 June 2009
Vocational training or
college
Road to Independence Program
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Who is eligible:
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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.
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(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.”
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30 June 2009
DJJ or DOC placements; OR
Road to Independence Program:
Who is eligible. Cont’d
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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”.
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30 June 2009
Road to Independence Program:
Who is eligible. Cont’d
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Dates of eligibility:
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Initial award
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Renewals
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Must be made prior to the 21st birthday
Possible up to the 23rd birthday
Termination of eligibility
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Upon receiving two diplomas, certificates or
credentials; or
Bachelor’s degree.
30 June 2009
Road to Independence Program
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Award amount
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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.
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Youth need help completing FAFSA!
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30 June 2009
They are “wards of the court” for financial aid purposes.
Road to Independence Program
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Award Amount
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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:
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Begin the first day of the month of the 18th
birthday;
No pro-ration of these payments.
30 June 2009
Road to Independence Program
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Reinstatement
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No automatic one year waiting requirement.
Guidance will come soon.
30 June 2009
Transitional Support Services:
Rule 65C-31.005, F.A.C.
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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 selfsufficiency and develop a personal support system,
they shall be terminated or a reapplication shall be
denied.
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Transitional Support Services
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Amount of financial benefit:
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30 June 2009
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.
Aftercare Support Services: Rules
65C-31.001(a) & 65C-31.003, F.A.C.
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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!
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Temporary cash, usually for a discrete purpose.
30 June 2009
Aftercare Support Services, cont’d
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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
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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
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Must provide youth with due process
information when any decision is adverse to
the youth
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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 Training
DCF, Children’s Legal Services
[email protected]
(850) 524-5815
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Please feel free to contact me with any
questions.
30 June 2009