Transcript Document

Training Objectives
Understanding :
• The Role of the GAL
• Extended Foster Care
(EFC)
• Postsecondary Education
Services and Support
(PESS)
• Aftercare Services
• Grandfathered IL Programs
• Transition Planning
• Judicial Review – 17 Year
Olds
www.GuardianadLitem.org
Independent
Living Redesign
Common Sense and
Compassion Independent Living
Act
&
The Role of the
Guardian ad Litem
April 2014
1
Senator Nancy C. Detert
Common Sense and Compassion
Independent Living Act
A law was passed in Florida, which took
effect January 1, 2014, that gives young
adults in foster care more choices and
flexibility when they turn 18. The law
offers Extended Foster Care,
Postsecondary Education Services
and Support, and Aftercare Services.
The Role of the Guardian ad Litem
The Guardian ad Litem’s Role
When a young adult reaches 18 its is
important for a GAL to transition from
being a child advocate to being a
significant adult in the life of young
adult
The Guardian ad Litem’s Role
To become a significant adult in the life of young
adult.
• Treat the youth as a partner who is taking on everincreasing responsibility for his/her life
• Help the youth recognize his/her strengths and build
on them
The Guardian ad Litem’s Role
To become a significant adult in the life of young
adult.
• Recognize that young people have differing
backgrounds that require different approaches
• Remember that it is healthy to have respectful
disagreement
The Guardian ad Litem’s Role
To become a significant adult in the life of young
adult.
• Acknowledge the youth’s dreams, hopes and ideas; assist
the youth with using them as they prepare for their
transition plan meeting
• Help them stay focused on activities with outcomes --securing housing; making decisions about their education;
applying for a job; health insurance
• Celebrate their successes, big and small
The Guardian ad Litem’s Role
• Monthly contact between the GAL and youth
should continue. Face –to - face contact is
preferred, but not required.
• Time spent with the youth should focus on
doing things together and helping them to
gain new skills, knowledge and tools in order
to have a sense of control over their own
lives.
The Guardian ad Litem’s Role
• The GAL will submit a court report for all
judicial review and permanency hearings that
addresses the youth’s living arrangements,
education and needed services that have
been identified
• The GAL is encouraged to attend court
hearings in support of the youth
The Guardian ad Litem’s Role
• The GAL will attend transition plan meetings and
support the young adult in making their decisions
• Explain Extended Foster Care, Postsecondary
Education Services and Support (PESS), and
Aftercare Services to the young adult including the
ability to re-enter the programs and how to re-enter.
Pros and Cons of each and any other information
necessary for the young adult to make decisions.
Extended Foster Care (EFC)
Extended Foster Care
Extended Foster Care (EFC) automatic extended
court jurisdiction allows young adults to remain in
foster care until their 21st birthday, or 22nd birthday if
they have a documented disability.
Young adults can leave and re-enter foster care
at any time.
Young adults can choose Extended
Foster Care (EFC) if:
In licensed foster care on their 18th birthday AND
• Are working at least 80 hours per month OR
• Are in high school / GED/College, etc. OR
• Are participating in a job skills program OR
• Are unable to participate in any of the above
activities due to a disability.
Young Adults Who Choose EFC
Will:
• Live with foster parents, or in a group home,
apartment, dorm or other supervised
independent environment.
• Be given living
expenses like food and
transportation and have
an allowance to
practice budgeting.
Young Adults Who Choose EFC
Will:
• Meet with a caseworker every month
• Continue to participate in at least one of the
activities listed above (job, school, job skills
program)
• Attend Court reviews every six months – or
more often if requested
What Does Extended Foster
Care Mean For GALs?
• Everything remains status quo, and GAL duties remain the
same unless the young adult decides they want to have
their case closed. They can re-enter EFC at any time.
• The GAL Attorney may file any pleadings throughout
extended foster care even if the young adult is no longer in
licensed care.
Postsecondary Education Services
and Support (PESS)
Postsecondary Education
Services and Support (PESS)
provides $1,256 per month to
young adults 18 years of age but
are not yet 23 and are enrolled in
college, a university or vocational
school that is Florida Bright
Futures eligible at least 9 hours a
semester (like a new RTI)
Young adults can choose
Postsecondary Education Services
and Support (PESS) if:
They turned 18 while residing in licensed care and
have spent a total of six months in licensed out-ofhome care before turning 18 OR
They were adopted after the age of 16 from foster care or
placed with a court-approved dependency guardian after
spending at least 6 months in licensed care within the 12
months immediately preceding such placement or
adoption AND
Have earned a standard high school diploma, or its
equivalent.
PESS & Living Arrangements
If in EFC, then the young adult must live in an approved
living arrangement
If the Young Adult is not in EFC, the Young Adult may live
in any place of his or her choosing
For the Young Adult who is not in EFC, there is no
prohibition against living with a parent or relative, nor does
being married or adult-adopted disqualify a Young Adult
from receiving PESS
Aftercare Services
Aftercare Services
Aftercare Services are available to young
adults 18 years old but not yet 23 years old
who are not enrolled in EFC or PESS
Aftercare Services
Provides Temporary Emergency Services
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Housing
• Gas
Electric bills
• Sewer service
Transportation
• Food
Security deposits
for rent or utilities
• Furnishings
• Household goods
• Water
Services Being Phased-Out and
Grandfathered Services
Services Being Phased Out
As of Jan. 1, 2014
• Pre-independent Living
• Subsidized Independent Living
• Transitional Support Services
• “Old” RTI = PESS
Grandfathering of Existing
Independent Living Programs
Young Adults currently in the “old” Road to Independence
program can continue in that program until they leave
due to age, college graduation, termination based on
ineligibility or a voluntary exit.
A young adult currently receiving Transitional Services
can continue until March 31, 2014.
Grandfathering of Existing
Independent Living Programs
• Once the young adult leaves
the program the grandfathering
expires – no reinstatement
• A young adult that was in the
“old” RTI may apply for EFC,
PESS or Aftercare
• Grandfathered programs can
continue until December 31,
2018
Grandfathering of Existing
Independent Living Programs
Chart – Grandfathered Programs –
Double Click Icon
Transition Planning
Transition Planning
Young adults who choose
extended foster care will
participate in developing a
transition plan. It should be
updated as needed, include
input from significant adults
in the young adults life and
will be regularly reviewed by
the court
Transition Planning
Development of Transition Plan
• During the 6 month period after young adult reaches 17
• Time, date, and place must be convenient for the
young adult
• Time, date, and place must be convenient for the
individual whom the young adult would like to include
Transition Planning
Development of Transition Plan (continued)
• Conducted in the child’s primary language
• If child is leaving care upon age 18, must be
approved by the court
• To be reviewed and updated as needed as
long as child remains in care
Transition Plan – Who
Participates
• Young adults are required to participate
• Department
• Caregiver
• Community-based care provider
• Adult significant to youth would like to
invite to participate in the meeting –
this can be their GAL
Transition Plan
Must address options for the young adult to obtain some
or all of the following services
• Housing
• Health Insurance
• Workforce support & Employment
services
• Education
• Information to establish and maintain naturally occurring
mentor relationships and other personal support services
Transition Plan
The CBC shall
• Coordinate independent living services with
transition plan
• If the young adult is a parent, then the transition
plan should include parenting skills
• If the young adult has a disability
• Make reasonable accommodations
• Coordinate with Transition Individual Education
Plan (TIEP)
Transition Plan
If a child is planning to leave care upon reaching age
18, the transition plan must be approved by the court
before the child leaves care
Transition Plan Meeting – GAL
Role
Prior to the Meeting
• Coordinate schedules with attendees
• Visit with young adult
• Communicate with parties suggested by the child.
• Review most recent case plan and transitional plan
• Review Individual Education Plan IEP
Transition Plan Meeting – GAL
Role
During the Meeting help the young adult lead a discussion
to create an achievable plan with action steps addressing:
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Housing
Health Insurance
Education
Workforce Support
Employment Services
Mentoring Relationships/ Healthy Relationships
Personal Support Services
The GAL should be available to assist and support the
youth with his/her discussion.
Transition Plan Meeting – GAL
Role
During the Meeting (continued)
• Ensure that the child has vital documentation, including
driver’s license, state ID, Social Security card, birth
certificate, and Medicaid card.
• Ensure that the services identified as needed are initiated
within thirty days of the meeting; obtain a court order, if
necessary.
Judicial Reviews and
Permanency Review
Judicial Review - 17 Year Old
Must be held w/in 90 days of 17th birthday
The Transition Plan will be approved at the
final Judicial Review prior to the young adults
18th birthday
Order removing disability of nonage residential
leases – (banking, utilities too)
Judicial Review - 17 Year Old
The CBC shall provide the following documents or information –
Transition Plan
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Educational Records
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Health and Medical Records
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Process for Accessing Case File
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Medicaid Card & Information
Certified Copy of Birth Certificate
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Florida ID or Driver’s License
Master Trust Accounting, if Applicable •
Information Regarding PESS, EFC &
Aftercare Services
Interviewing Skills Training
Open Bank Account or Obtain ID
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Necessary
Banking and Budgeting Skills
Public Assistance Information
Living Arrangements – Housing Issues
How Expenses Will Be Paid
School Information
Notice of the Right to Extend Foster
Care
A letter providing the dates the child
will be under court jurisdiction
Removal of Disability of Non-Age –
Banking, Utilities, Lease
• Child Has Separate Signed
Order
A statement encouraging child to
attend JR hearings
Judicial Review 18 years and older
Regular Judicial Reviews every six months until the
youth's 21st birthday
Can be more often if requested
Judicial Review 18 years and older
Department and CBC shall file report to
include:
• Young adult’s case plan goals
progress
• Independent living plan progress
• Transition plan progress
• Modifications as necessary to further
the young adult’s goals
Judicial Review 18 years and older
• Court must make sure appropriate services are being
provided
• Court may order additional services
Permanency Review
• Permanency goal for young adult who remains in
care: “transition from licensed care to
independent living”
• Must be held at least yearly
• Signed consent (or alternatives) for young adult
to exit foster care
Permanency Review
During the permanency review, the court shall consult
with and ensure the young adult understands:
• Permanency Plan
• Case Plan
• Individual Education Plan
Closing the Case
Case will stay open (protective services & court jurisdiction) unless
the young adult attends court or the court finds the young adult
has:
• Waived their right to attend the hearing (in writing) after being
informed of their right to attend;
• Understands all that is available to them before age 21 and has
signed a document stating they have been informed; or
• The young adult has voluntarily left the program, has not signed the
document, and is unwilling to participate in any further court
proceeding.
OLD PROGRAM
OLD PROGRAM
• Assessment / Plans at 13
• Education and Career
Path Goal
• Normalcy Plans every
90 days
• Independent Living
Meetings – annually
• Independent Living meetings
every six months
• Special JR within 90 days of
17th Birthday
• Specific court reports on
services to child
• Foster Care ends at 18
• Three programs post 18
• Road to Independence
• Transitional Support
• Aftercare
NEW PROGRAM
• Foster Parent works with
child on skills
• Caregiver participates in
case plan, team meetings
and court hearings
• Caregiver statement on
progress for court
• Life Skills Progress Report
NEW PROGRAM
• Foster Parent works with child
on skills
• Transition Plan
• Special Judicial Review
continues
• Child additionally receives:
• Complete education,
medical, mental health
records
• Process for accessing case
file
18 YEARS AND OVER
OLD PROGRAM
15-17 YEAR OLD SERVICES
13-15 YEAR OLD SERVICES
Old Program v New Program
NEW PROGRAM
• Extended foster care until 21
(22 for kids with disability)
• RTI for post secondary only
• RTI now called Postsecondary
Education Services and
Support
• PESS set at $1256 – no more
needs assessments