Transcript ADVOCACY FOR OLDER FOSTER YOUTH

ADVOCACY FOR OLDER
FOSTER YOUTH
February 24, 2004
Kimberly Preston, Staff Attorney
Legal Aid Society of the Orange County Bar Association
National Independent Living
Association Statistics
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25,000 young people leave foster care annually;
50% complete high school;
13% go onto college or vocational school;
52% are unemployed;
National Independent Living
Association Statistics
 25% will be homeless for one or more nights;
 40% of females and 20% of males are on public
assistance;
 40% of females become pregnant or are parenting
one or more child;
 30% were arrested or incarcerated;
Congress Takes Action
• 1985 Congress Passes the Federal
Independent Living Initiative
• Provides funding to the states for foster kids
age 16 and over
• Provides older foster youth with
independent living services and skills
training to prevent homelessness,
joblessness, etc
Congress Amends Law
• 1999 Congress amends Federal Independent
Living Initiative through the Foster Care
Independence Act of 1999 (42 U.S.C. 677)
• Known as the Chafee Act
• Doubles the amount of Annual Federal
Funds to the states
• Florida’s Current Allotment is
Approximately $10 Million Dollars
Chafee Act
• Provides flexible funding
to the states
• ID kids who are likely to
remain in foster care until
age 18;
• Help these children make
transition to adulthood;
• Education, training, and
services necessary for
employment
• Prepare for and enter post
secondary education;
• Personal and emotional
support
• Mentors
• Financial, housing,
counseling
• Complement self
sufficiency efforts
• Vouchers for education
and training
Chafee Act
• State must apply to HHS for funds
• State plan must meet federal requirements
specified in act
• Ensure program serves children at various
stages of achieving independence
• State must use objective criteria for benefit
eligibility
Chafee Requirements
• Numerous Certifications by State CEO
(Secretary of DCF)
• Specifications on how money will be spent
• Coordination with other state and federal
programs to avoid double dipping
• Foster youth participation in designing their
plan and program activities
• Services included in case plan (GET CITE)
Chafee Requirements
• State educational training programs based
on # of children in foster care;
• State may use Chafee $ in “any manner that
is reasonably calculated to accomplish the
purposes of the Act”
• Funds are available for 2 year period
(unused $ goes to other states)
Chafee Act
• Penalties for misuse of funds or failure to report to
HHS (1%-5% of allotment)
• HHS developed outcome measures for state
progress (homelessness rate, non-marital birth
rate, welfare, incarceration)
• HHS to conduct state evaluations
• $140 million nationwide
• Additional $60 million for educational vouchers
Florida’s Piece of the Federal Pie
• DCF Applied for Chafee Funds for the five
year period (2001-2004)
• In October 2002, Florida eliminated,
“Extended Foster Care” and Implements the
“Road to Independence Act”
Road To Independence Act
Fla. Stat. Sec. 409.1451 (2002)
• Establishes a system of Independent Living
Transition Services through DCF (Agents)
• Enables older foster children who exit
system at 18 to make transition to self
sufficiency as adults
Goals for Transition Services
Under Road to Independence Act
• Young adults formerly in foster care obtain
life skills and education for independent
living and employment
• Have quality of life appropriate for their age
• Assume personal responsibility for
becoming self-sufficient adults
Florida’s Road To Independence
Act (409.1451 Fl. Stat. 2002)
State or federal funds
shall establish a
“continuum of
services for eligible
children in foster care
and those who have
“aged out”
Independent living
transition services are
not an alternative to
adoption for foster
kids.
Eligibility for Benefits
Road to Independence Act
• Current foster children
• Ages 13-18
• Who meet eligibility
requirements of RTI
and DCF Rule
• Young adults who
were in foster care
when they reached
their 18th bday
• Ages 18-23
• Meet eligibility req’ts
of RTI and DCF Rule
Independent Living Services for
Foster Children age 13-18 under
The Road to Independence Act
• Pre- Independent Living Services (13-15)
• Includes but is not limited to life skills training,
educational field trips, and conferences. (Fla. Stat.
409.1451(3)(a).
• Specific services to be provided are determined
using a pre-independent living assessment.
Independent Living Services for
Foster Children age 13-18 under
The Road to Independence Act
• Life Skills Services (15-18)
• Includes but is not limited to independent living
skills training, educational support, employment
training, and counseling; (Fl. Stat. 409.1451(3)(b)
• Specific skill services to be determined by
independent life skills assessment
Independent Living Services for
Foster Children
16-18 under RTI Act
• Subsidized Independent Living Services
• Living arrangements that allow child to live
independent of the daily care and
supervision of adult in licensed
facility/home
• Subsidy payment amount established by
DCF may be paid directly to a child under
caseworker or other adult supervision.
Eligibility Requirements for
Subsidized Independent Living
• Adjudicated Dependent under Ch. 39;
• Has been placed in out of home care for at least 6
months prior to SIL;
• Permanency goal of adoption, independent living
or long-term licensed care; and
• Able to demonstrate independent living skills as
determined by the department using established
procedures and assessments
Subsidized Independent
Living
• Must be part of overall plan leading to total
independence of child from DCF
supervision
• Plan must include description of skills of
the child and plan for developing additional
skills
• A plan for future educational, vocational,
and training skills
Subsidized Independent
Living
• Description of present financial and budgeting
capabilities and plan for improving financial
situation;
• A description of the proposed residence;
• Documentation that child understands specific
consequences of conduct in the independent living
program
• Documentation of proposed services to be
provided by the department and plan for
developing and maintaining relationships with
family, adults, community as appropriate
Participation in Life Skills Under
RTI (13-18)
• Program must provide foster kids with opportunities to
participate in and learn from age appropriate life skills in
their foster families and communities such as money
management, driver’s ed, after school activities
• DCF may provide training to foster parents, staff to
support this
• Opportunities to interact with mentors
• Develop and implement procedures to assist foster children
with money management of their allowance
Services Available for Former
Foster Youth Under RTI
• Aftercare Support Services
• Road to Independence Scholarship
• Transitional Support Services
Aftercare Services (18-23)
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Mentoring
Tutoring
Mental health services
Substance abuse
counseling
• Life skills classes
• Parenting classes
• Job skills training
• Temporary financial
assistance may be
provided to prevent
homelessness
• District 7 limits this to
$1000 annually
Road to Independence
Scholarship Program (18-23)
• Intended to help former foster children receive
educational and vocational training necessary to
achieve independence
• Amount of award equal to 40 hr week at minimum
wage ($892), after considering other grants and
scholarships that are in excess of fees and costs (if
funds available)
• Students may also be eligible for fee waivers
RTI Scholarship Eligibility
• Initial Award
• 18-21
• Renewal Award
• Up to 23
RTI Scholarship Eligibility
• Dependent child living
in foster care or SIL at
time of 18th b-day;
• Spent at least 6
months in foster care
• Florida resident for
more than 1 year
• Has either:
• Earned HS diploma or
GED and admitted for FT
postsecondary educational
institution;
• FT in HS w/i 2 years of
graduation with 2.0 out of
4.0 for 2 semesters;
• FT adult education to get
HS diploma or GED
RTI Scholarship
• DCF must advertise availability of program
• Foster child must apply 6 months before
18th b-day (can make initial app until 21)
• Award follows student who transfers
• Awards are in addition to other services by
department (aftercare & transitional
services
RTI Scholarship
• Scholarship terminates at first of bachelor
degree or 23rd b-day
• Renewal awards annually
• FT = 12 credit hours except for disabled
under 1009.41
• If become disqualified, can apply for
reinstatement one time
RTI Scholarship
• Educational fee waivers for postsecondary
programs, community colleges and
universities (Fla.Stat.1009.25(2)(c )
• Medicaid Coverage until 21 years of age
Transitional Support Services
• Can be in addition to
aftercare or RTI
Scholarship
• Available from 18-23
• Services must be
critical to young
adult’s efforts to
achieve selfsufficiency
• Short term services
including; financial,
housing, counseling,
employment,
education and other
services that are
critical to selfsufficiency
Appeals Process
• Statute requires appellate rules
• Statute requires appellate procedures
• NONE TO DATE