Transcript 1 Using Title IV-E in the Juvenile Justice System

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Using Title IV-E in the Juvenile
Justice System
ABA Center on Children and the Law
National Child Welfare Resource Center on Legal and
Judicial Issues
… A Program of the Children’s Bureau
Mark Hardin
October 10, 2006
Copyright © MMIII, MMVI by the American Bar Association
What is Title IV-E?
Section of federal Social Security Act,
which includes wide range of programs.
Provides, among other things, federal
matching funds for children in foster care
and “special needs children” receiving
Adoption Assistance.
Funds the Chafee “independent living”
program – not a categorical entitlement
program.
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What do Title IV-E funds cover?
Matching funds for foster care, paid to
foster parents, group care, and child care
facilities
Administrative costs for operating the foster
care and adoption assistance programs,
including the management of cases,
facilities, training, and other costs
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What delinquents are covered?
Delinquents must be in foster care (defined
later in this presentation).
Delinquents must also have been removed
from relatives meeting strict financial
requirements (based on old AFDC
program).
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Practically speaking, how does Title IV-E
apply to youth in the juvenile justice system?
Title IV-E has been applied to delinquent
youth for a long time.
Foster care matching funds have been
available for eligible delinquents in foster
care since the early 80s.
Some states have collected such matching
funds for many years.
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How can Title IV-E benefit youth in the
juvenile justice system?
Most delinquents are not yet major felons.
Delinquents are still kids and they need close
supervision and oversight.
They need immediate consequences for misbehavior.
They need someone carefully keeping track of them.
They need more positive ways to cope with their
problems and stress.
Many need placements and services.
…And Title IV-E can help states meet all these needs.
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When is a delinquent youth in foster
care?
42 U.S.C. §672
(b) Federal foster care matching funds may only be paid for a child who is:
(1) in a foster family home or
(2) in a child care institution.
“(c) For the purposes of this part, (1) the term "foster family home" means a foster
family home for children which is licensed by the State in which it is situated or
has been approved, by the agency of such State having responsibility for licensing
homes of this type, as meeting the standards established for such licensing; and (2)
the term "child care institution" means a private child care institution, or a public
child care institution which accommodates no more than twenty-five children,
which is licensed by the State in which it is situated or has been approved, by the
agency of such State responsible for licensing or approval of institutions of this
type, as meeting the standards established for such licensing, but the term shall not
include detention facilities, forestry camps, training schools, or any other facility
operated primarily for the detention of children who are determined to be
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delinquent.” (emphasis added)
What is detention and what are detention
facilities? (C.W. Policy Man. 8.3A.8a)
Is it a secure lock up or does it restrict movement equivalent
to a lock up?
What is a facility operated “primarily for detention?”
 Who operates the facility?
 For what purposes does it exist?
 Is it licensed and approved? If so, for what use and by
whom?
 From whom does it receive its major financial resources?
 What type of children are residents?
 Would it be viable without the need to house children
adjudicated delinquent?
 Are seriously juvenile offenders separated from other
children?
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Required judicial findings to claim
Title IV-E funds:
Removing child from home was in child’s
best interests (leaving child at home would
have been contrary to the child’s interests)
State made “reasonable efforts” to keep the
child safely at home
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Timing of reasonable efforts and best
interests (contrary to the welfare) findings.
Findings of reasonable efforts and that placement
is in the child’s best interests are required at the
same times as for other youth in foster care, no
matter why the young person has been removed
from home.
Best interests findings must be included in the first
court order authorizing the child’s removal.
Reasonable efforts findings must be made within
60 days after removal.
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Case plans
To claim Title IV-E funds, delinquent youth in
foster care must have written case plan
Mandatory contents of case plan are specified in
Title IV-E, 42 U.S.C. §675
Among other things, there must be a plan to
achieve permanent placement, description of
current placement, health and education
information, services to achieve independent
living (if over 16), unrestrictive family-like setting
near home (if possible)
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Deadline for case plans.
The case plan must be prepared within 60
days of the time a youth enters foster care.
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Reviews
To claim Title IV-E funds, delinquent youth in
foster care must be reviewed at least once every
six months by a court or an administrative body
Mandatory issues to be addressed in reviews are
specified in Title IV-E, 42 U.S.C. §§675(5)(B),
675(6)
Reviews must determine, among other things, case
progress to achieve permanency, a projected date
for achieving permanency, child’s individual
needs, compliance with case plan
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Permanency Hearings
To claim Title IV-E funds, delinquent youth in
foster care must have a permanency hearing at
least once per year (which is almost everywhere
conducted by a court)
Mandatory issues for permanency hearings are
specified in Title IV-E, 42 U.S.C. §675(5)(C)
Permanency hearings must determine child’s
permanency goal, which must be return home,
adoption (state will file a petition for termination
of parental rights), legal guardianship, or “another
planned permanent living arrangement”
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Termination of Parental Rights
(TPR) Petitions
42 U.S.C. §675(5)(E): State must file a
TPR petition after a child has been in foster
care for 15 of the last 22 months, unless:
 Compelling circumstances stated in case
plan showing it would not be in child’s
best interests.
 Child living with relative.
 Services needed for child’s return home
and specified in case plan not provided
within times specified in case plan.
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Clock for six month case reviews,
permanency hearings, and termination of
parental rights petitions.
The clock starts when child is “considered to have
entered foster care.”
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2.
3.
If a child was placed in eligible foster care when first
removed from home, the clock starts 60 days after removal.
If a child was moved from ineligible care (such as detention)
into foster care within 60 days after removal from home, the
clock starts 60 days after removal.
If a child was moved from ineligible care into foster care
more than 60 days after removal from home, the clock starts
as soon as child was moved into foster care.
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Example 1: Case review deadline for
delinquent youth in foster care.
Youth placed in detention facility for three months and then
placed in Title IV-E foster care.
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Youth is “considered to have entered foster care” the day the
youth is moved into Title IV-E foster care.
Case review is due six months after a youth is considered to
have been placed into foster care.
Therefore, case review is due six months after youth is placed
into eligible foster care.
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Example 2: Case review deadline for
delinquent youth in foster care.
A delinquent youth is removed from home and placed
immediately in Title IV-E eligible foster care group
home.
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Youth is “considered to have entered foster care” 60
days after removal from home.
Case review is due six months after youth is considered
to have entered foster care.
Therefore, in this situation, case review is due 60 days
plus six months after youth is placed into foster care.
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Example 3: Case review deadline for
delinquent youth in foster care.
A delinquent youth is removed from home and placed
into detention, but after 30 days after that is placed
into a Title IV-E eligible foster care group home.
There is no judicial finding of abuse or neglect.

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Youth is “considered to have entered foster care” 60
days after removal from home where the youth was
moved from an ineligible out-of-home placement into
foster care within 60 days after removal.
Case review is due 60 days after youth is considered to
have entered foster care.
Therefore, in this situation, the first case review is due
60 days plus six months after youth was originally
removed from home.
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Case example: Timing of six month review,
permanency hearing, and TPR petition.
A child is placed in a detention facility for more than 60
days pursuant to a judicial finding of delinquency and
later is moved into foster care.
In this case, the child is “considered to have entered foster care”
at the time the child is moved to foster care.
Therefore, the first six month review is due six months after the
child was moved in foster care.
Similarly, the first permanency hearing is due 12 months after the
child was moved into foster care.
Similarly, unless an exception applies, the state must file a
petition for termination of parental rights when a child has been in
foster care for 15 of the most recent 22 months.
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Federal Guidance on IV-E Eligibility
for Juvenile Justice Cases
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/index.jsp
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/policy_dsp.js
p?citID=29
8.3A.1 TITLE IV-E, Foster Care Maintenance Payments Program,
Eligibility, Adjudicated delinquents
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2.
3.
Are adjudicated delinquents eligible for title IV-E foster care maintenance
payments?
If a temporary detention order states that the child is to be detained until
sentencing because there is reason to believe he would run away, would this
satisfy the requirement for a determination regarding "contrary to the welfare?“
Court orders that sentence a child to a juvenile detention facility often include
language which differs from that in a dependency order resulting in a foster care
placement. Does language in a detention order indicating that the child is a "threat
to himself or the community" meet the requirement in section 472 of the Social
Security Act regarding "contrary to the welfare?“
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Federal Guidance on IV-E Eligibility
for Juvenile Justice Cases
4. A youth may be declared a ward of the court and be ordered placed in much the
same manner as delinquents, yet, he is not a delinquent in that no crime has been
committed. Does the term "juvenile delinquent" refer to status offenders and, if not, are
status offender wards eligible for Federal funds?
8.3A.8a TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility,
Facilities requirements, child-care institution
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/questDetail.jsp?Q
AId=628
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/questDetail.jsp?Q
AId=1142
3. What is the operative definition of the term "primarily" when used to describe a
facility for the detention of children?
5. If an otherwise eligible title IV-E child is placed in a child care institution that has
locked living units for the child's benefit or safety, does this render the facility
"physically restrictive," such that the child is ineligible for title IV-E?
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ASFA requirements posing special
challenges in juvenile justice cases.
Judges should make detailed and case specific
findings, when removing a child from home, to the
effect that removal is in the child’s best interests.
Judges should make detailed and case specific
findings concerning reasonable efforts to prevent
placement.
Judges should make detailed and case specific
findings concerning reasonable efforts to achieve
permanency.
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ASFA requirements posing special
challenges in juvenile justice cases (2).
Judges must hold permanency hearings in which
they must more seriously consider possible
permanent placements for delinquents – including
adoption.
Parents must be parties to permanency hearings
and termination of parental rights proceedings.
Foster parents, among others, now must have
advance notice of court hearings and the
opportunity to be heard.
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Many juvenile justice professionals started
applying IV-E strictly for the federal money.
But after they seriously were applying IV-E
requirements, they realized that that really
helped the youth.
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What practical benefits can Title IV-E
help provide?
Work with parents to improve their care and supervision of
the young person – or with other adults if parents aren’t
willing to cooperate.
Written case plans to meet the needs of the young person
and to achieve permanency.
Additional services for the young person.
Periodic review of case progress.
Court proceedings to achieve a permanent home for the
young person – return home where possible or other
permanent legal arrangements where parents drop out of
the child’s life.
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There are a number of studies of intensive
probation – and intensive family services in
delinquency cases.
These programs sharply reduce recidivism.
These are examples of how to use the additional
funds that can become available when Title IV-E
is used to pay for the cost of out of home care.
These are examples of “reasonable efforts” as it
applies to juvenile justice.
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Why do these programs work?
When you are a teen, the time that matters is now.
When you are a teen, you need close oversight.
Programs like intensive probation and intensive preventive
services create immediate consequences for minor bad
behavior.
These programs also try to identify and correct other causes of
bad behavior.
These programs help plug in the parents – whose detachment
or inability to supervise often is behind the delinquent
behavior.
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How can we make Title IV-E requirements
fit delinquency and unruliness cases?
By a bit of creativity.
By using Title IV-E to create and fund helpful
interventions.
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Consequences of absence of reasonable
efforts or contrary to welfare findings
State is ineligible for federal foster care
matching funds
For reasonable efforts to prevent placement,
no matching funds for entire stay in foster
care
For reasonable efforts to achieve
permanency, no matching funds until
positive finding
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Reasonable efforts and advocacy
Bring needed services to attention of agency
and court
Argue that services are necessary element of
reasonable efforts
Argue regarding reasonable efforts findings
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What might be reasonable efforts to
prevent placement in delinquency cases?
A key example: crime prevention – to keep the
youth at home rather than in detention.
Monitoring the youth to prevent future crimes.
Unannounced home visits to see if the youth is
home at night.
Working with the parents to help them establish
discipline and keep closer track of the youth.
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More reasonable efforts to prevent
placement in delinquency cases.
Recruiting relatives to help monitor the youth.
Arranging counseling for the youth with the goal
of ending the youth’s criminal behavior – and
easing underlying emotional problems
contributing to the criminal behavior.
Working with the parents and others to help them
deal with the youth’s emotional problems that
contribute to the youth’s criminal behavior.
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What might be reasonable efforts to
reunify the family in juvenile justice cases.
Working with the parents and schools to put in place a plan
to monitor the youth and reinforce improvements in
behavior.
Counseling the youth to stop the criminal behavior – and to
ease underlying emotional problems contributing to the
criminal behavior.
Working with the parents and others to help them deal with
the youth’s emotional problems that contribute to the
criminal behavior.
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Examples of judicial findings that
continuation in the home would be in the
child’s best interests.
Removal might be in the child’s best interests because the
home and neighborhood environment is drawing the young
person into a life of serious crime.
Removal might be necessary to help prevent future
prolonged imprisonment and to improve the youth’s
chances for a successful life.
Removal might be necessary to halt the youth’s
involvement in gang activities – which are likely to lead to
the youth’s serious injury.
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Examples of case plans for delinquent
youth in foster care.
Focus at least in part on behavior oversight
and control.
Address the youth’s education and medical
care.
Set forth a strategy for the youth’s return
home or other permanent plan.
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Permanency hearings for delinquent youth
in foster care.
Permanency hearings make sense in these cases:
If a delinquent youth remains in non-detention
foster care for a long period of time, it probably is
in part because of problems at home.
In some cases, parental abandonment may be an
issue.
In some other cases, parents may be neglectful or
abusive.
In abandonment, neglect, and abuse cases, the
youth may need a permanent placement with a
relative or even an adoptive parent.
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Permanency hearings for delinquent youth
in foster care (2).
If delinquent youth can’t safely return home, then
what?
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Permanent placement with a relative?
Legal guardianship?
Adoption?
Another planned permanent living arrangement?
 Stable and close ties to an adult fulfilling a parental
or quasi parental role.
 Stable and safe places to live.
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Permanency hearings for delinquent youth
in foster care (3).
What procedural requirements are necessary for a
permanency hearing for a delinquent youth?
 Notice on parents and party status because they risk
losing parental rights.
 Notice on foster parents and the opportunity to
present information.
 Notice and party status for the young person.
 Note: Amendments in state law may be needed.
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Termination of parental rights (TPR) and
adoption of delinquent youth in foster care.
Some delinquent youth can and should be placed
for adoption – TPR is necessary to make this
possible.
Adoption subsidies are available to defray costs, at
least where such youth are otherwise eligible for
Title IV-E.
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Termination of parental rights (TPR) and
adoption of delinquent youth in foster care
(2).
Procedural implications:
Parents must be made a party to the
proceedings.
 Grounds must exist in spite of possible lack of
prior involvement of child welfare agency.
 Amendments in state legislation may be
needed.

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Compelling reasons not to seek TPR for
delinquent youth in foster care for 15 of the
most recent 22 months.
Examples, based on the individual circumstances of the youth:
 No grounds exist.
 Youth doesn’t agree to TPR despite diligent efforts to provide
adoption counseling.
 Parents are willing and able to provide proper care for the youth.
 Relatives are willing and able to permanently care for the youth
and this will avoid traumatic conflict between the youth and
parents.
 Adoption within a reasonable time is unrealistic, given the
characteristics of the youth and the placement record of available
adoption placement agencies.
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Further reading:
Making Sense of the ASFA Regulations: A
Roadmap for Effective Implementation,
Chapter 21, 139-162 (ABA 2001).
http://www.abanet.org/abastore/index.cfm?s
ection=main&fm=Product.AddToCart&pid
=5490295
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The National Child Welfare Resource
Center on Legal and Judicial Issues
Services and products:
On-site technical assistance
 Consultation and training
Child CourtWorks (free)
Child Law Practice (paid subscription)
Listserv groups (free)
Website and online catalog of Court Improvement
materials
Annual national Court Improvement Progress Report
Publications
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To Contact Us
Jennifer Renne, 202-662-1731, [email protected].
Mark Hardin, 202-662-1750, [email protected]
National Child Welfare Resource Center on Legal and Judicial Issues
ABA Center on Children and the Law
740 15th Street, NW
Washington, DC 20005-1022
http://www.abanet.org/child/rclji
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