PROBATION PROVISIONS IN CALIFORNIA’S FOSTERING

CONNECTIONS TO SUCCESS ACT

JENNIFER RODRIGUEZ

MARIA F. RAMIU WEBINAR

YOUTH LAW CENTER AUGUST 30, 2011

Webinar Overview AB 12 Background

Fostering Connections (PL-110-151),California’s Implementation(AB 12, AB 212 & CDSS Policies & Regs, and Current Status)

Why Important for Probation What AB 12 Provides

General Overview, Kin-GAP, Extended Foster Care AB 212 Delinquency Related Provisions (How AB 212

will Likely Impact Probation) Moving Forward Questions & Answers

AB 12: California Fostering Connections to Success Act Began with passage of federal Fostering

Connections to Success and Increasing Adoptions Act on October 7, 2008 (P.L. 110-351)

Signed by Governor on September 30, 2010 Federally funded Kin-GAP began January 1, 2011 Extended Foster Care Phase-In Begins January 1,

2012 Implementation led by the California Department of

Social Services Why Important For Probation

AB 212: “Clean-Up” Legislation Assembly Bill 212 (“AB 212”) is the “clean-up” bill to AB 12

that aims to: Provide consistency Address issues that were not addressed in AB 12 Clarify provisions Amend AB 12 in order to ensure that our program meets federal

standards

AB 212 is an urgency bill and therefore – once signed -- takes effect immediately (except for provisions that have specified later effective dates)

AB 212 includes some substantive changes particularly with regard to:

Delinquency youth Re-entry

What Will AB 12 Do?

Extend benefits to age 20/21 for youth who are: In foster care Receiving Kin-GAP or AAP, provided the youth entered

guardianship or adoption at age 16 or later Living with a nonrelated legal guardian established in

juvenile court Placed by juvenile court with an approved Cal-WORKs

relative.

Convert California's Kin-GAP into nearly identical state-funded and a federally subsided programs. (Note: Kin-GAP may be viable alternative to EFC )

How does AB 12 change Kin-GAP ? Child only has to be residing with the relative for 6

months prior to exiting Kin-GAP benefits are determined pursuant to a

negotiated agreement and may be adjusted based on changed needs

Kin-GAP may continue up to age 20/21 if certain participation conditions are met (same as EFC) or up to age 21 for disabled youth regardless of age at guardianship

Kin-GAP now can be paid out of state A child can enter Kin–GAP via the voluntary

placement agreement process

What are the basic eligibility requirements for a youth to receive Kin-GAP under AB 12?(1) Removed from his home and placed into foster care with

his foster care case supervised by either the dependency or the delinquency court;

(2) Reside with an approved relative guardian for at least 6 consecutive months,

(3) Have a kinship guardianship established with that relative, and

(4) Have his or her foster care case dismissed by either the dependency court or the delinquency court at the same time or subsequent to the establishment of the guardianship

How is the amount of the Kin-GAP benefit determined? Negotiation between the relative guardian and

the county child welfare agency, probation department or Indian tribe(up to FCH max + SCI)

Set forth in an agreement that can be adjusted periodically, as the needs of the child change

If the youth is a parent of a child placed in the same home, the teen parent rates apply.

If the youth is a regional center consumer, the dual agency rates app

Extended Foster Care

Phased-in over 3 year period Beginning January 1, 2012 up to age 19 Beginning January 1, 2013 up to age 20 The final year of extension (from age 20 to

21) in 2014 is subject to a budget appropriation by the State Legislature

Foster Youth Must Agree to Remain in Extended Foster Care Program Participation in foster care after age 18 under AB

12 is voluntary Youth may decide to exit at anytime before they

turn age 20/21 Youth have the option to return before they turn

20/21

What about youth who are currently age 18, 19 or 20?

AB 12 does not retroactively apply to those youth who age out of foster care and have their juvenile court cases terminated prior to January 1, 2012.

Foster youth who turn 18 during 2011, age out of AFDC-FC eligibility and remain under the jurisdiction of the juvenile court may on 1/1/12 regain AFDC-FC eligibility up to age 19 if they meet new extended care requirements.

What are the basic eligibility requirements for foster youth to receive benefits after age 18 under AB 12? ? The youth must:

(1) sign a mutual agreement with the county child welfare or probation agency or tribe that has a IV-E agreement with the state for supervision and support;

(2) continue under the supervision of the juvenile court as a dependent or a ward,

(3) meet one of the five participation conditions, and

(4) agree to live in a supervised placement that is licensed or approved under new standards for 18 to 21 year olds.

What does a youth have to do to meet the participation conditions of AB 12?(1) Completing secondary education or a program

leading to an equivalent credential,

(2) Enrolled in an institution which provides post-secondary or vocational education,

(3) Participating in a program or activity designed to promote, or remove barriers to, employment

(4) Employed for at least 80 hours per month, OR

(5) Unable to do one of the above requirements because of a medical condition.

What does it mean for a youth over 18 to be in foster care under the jurisdiction of the court? Youth continues to have a six-month review

hearing in court conducted in a manner that respects the youth’s status as a legal adult Parents are not noticed, nor parties to the hearing

Youth agrees to continue in care and meet one of the participation conditions in accord w/TILP

Court will ensure the youth continues to meet one of the participation conditions

P.O./SW continue case management (i.e. placement, monthly visits, court reports etc…)

Are there any limitations on where a youth can live in order to receive foster care benefits under AB 12?

Yes, the placements available to youth after age 18 include:

Approved home of a relative or NREFM (approved); Foster family home (licensed); Foster Family Agency certified home (licensed); Group home, subject to new limitations (licensed); Home of a non-related legal guardian/former (approved by the

juvenile court); THP-Plus Foster Care (approved); Supervised Independent Living setting “SIL” (approved).

Placement Considerations for Extended Foster Care Need to be appropriate for young adult status and

consistent with needs as provided in TILP Should be based upon the developmental needs of young adults

by providing opportunities to have incremental responsibilities that prepare for transition to independent living Age limitation on group home placements SIL in settings that already have health and safety standards (e. g. college

dorms) don’t need additional approval standards. SIL roommates do not need to be assessed – case management

discussion opportunity between youth and P.O./SW Criminal background not bar to eligibility for extended

care, but background may be appropriate in assessing appropriateness of placement (e.g. licensed foster home with minor dependents may not be appropriate).

Note: Re-entering youth need criminal background check, but convictions are not bar to reentry eligibility.

What is a Supervised Independent Living setting and how is it different than the other placement options available to youth 18 to 21? New placement option for youth age 18 to 21 Is a supervised setting as specified in case plan Must meet basic health and safety standards

Standards TBD but current proposal exempts certain settings(e.g. college dorms) and provides for streamlined approval process consistent with adult status

May receive the foster care benefit directly Basic rate paid Not eligible for specialized care increment

What is THP-Plus Foster Care and how is it different than the current THP-Plus program? Modeled after the existing THP-Plus program for

former foster youth (non-dependents/wards) Approved by county using licensing standards for

THP-Plus providers Differs from the current THP-Plus program in two

ways: Child welfare or probation supervision Juvenile court jurisdiction

What is the “TILP” ( Transitional Independent Living Plan)

Case plan designed to help nonminor foster youth successfully move to adulthood by: Developing a permanent connection with a

caring adult Developing independent living skills and

opportunities for incremental responsibility & Living in the least restrictive placement

(WIC 11400 (y))

How does AB 12 affect group home placements for youth age 18 to 21?

AB 12 specifies that youth may remain in a group home after age 19 or until high school graduation only if it is necessary due to a medical condition. (WIC 16501.1( c ))

Medical condition will be defined by CDSS in state regulation

What are foster care rates paid for youth age 18 to 21?

Foster care benefit that is set according to the youth’s placement and, in some cases, the youth’s special needs

Different rates available for relatives, guardians, foster family homes, group homes, and foster family agencies

Youth in SIL get basic rate THP-Plus Foster Care statewide rate, to be

determined

Can a youth receive the foster care benefits directly?

Yes, youth in SIL may receive the foster care benefit directly (WIC 11403)

How are probation youth impacted under AB 12?

Two groups of probation youth are impacted: Delinquent minors and nonminors in a foster care placement Delinquent minors who were dependent youth in foster care

when they became delinquents

What is different for delinquent youth? For minor wards in foster care or minor wards who were

dependents when wardship was declared, court must examine whether youth can return home safely after termination, and if not, must consider modification of jurisdiction

For wards in foster care, court must offer extended foster care & re-entry on same basis as dependents.

Problems with AB 12 approach Forces youth over 18 to remain delinquent in order to

access extended foster care

Requires a youth who exits foster care as a delinquent to re-enter as a delinquent when accessing extended foster care

Does not adequately protect parent’s right of due process when a delinquent who has never been a dependent is alleged to be a dependent child (requires allegations against a parent)

AB 212 Proposed Amendments• Creates new jurisdictional status for transition youth

(WIC §§ 450-452):• Treats as dependents, but does not require 300 allegations

• Is based on same findings for removal in a delinquency matter

• Eligibility for new status (WIC § 450):• Delinquent youth 17.5 to 18 who are in the AB 12 groups (in foster

care or prior 300’s) and are not receiving reunification services or have a permanent plan of adoption or guardianship & who cannot be returned home

• Delinquent youth 18 and over who are in foster care and want to participate in AB 12 services and meet eligibility requirements

When can transition jurisdiction be taken?

For eligible youth, the court can modify youth’s status when it is prepared to terminate delinquency jurisdiction (WIC §§ 450, 451 607.2 & 727.2(i))

As a re-entry status for youth who exited foster care as nonminor delinquents, and wish to re-enter foster care (WIC §§ 450 & 607.2)

WHEN ELSE MUST THE COURT CONSIDER MODIFYING JURISDICTION OVER A WARD?

At the status review hearing held closest to the ward attaining 18 years of age, which must occur at least 90 days before the ward’s 18th birthday. (WIC §727.2 (i))

At this hearing, COURT MUST consider whether to assume transition jurisdiction over the ward pursuant to §450. The probation department must address this issue in its report to the court and make a recommendation as to whether transition jurisdiction is appropriate for the ward.

What about youth who are not eligible for transition jurisdiction? Their cases would be handled consistent with the intent of AB 12 : Upon termination, court would look at whether

jurisdiction should be modified to dependency (WIC §§ 607.2(b) & 727.2 (i) )

Procedural mechanism for modification would depend on whether child was a prior dependent

If yes, court would re-open that petition If no, court can order (defender or probation) to apply for

300 petition pursuant to WIC 329 process. (WIC §§ 607.2(b) & 727.2 (i) (2))

MUST COURT MODIFY JURISDICTION TO TRANSITION OR DEPENDENCY? No. If ward has not met rehabilitative goals court

may continue delinquency jurisdiction of a ward in foster care. At the last review hearing before the ward’s 18th birthday the court must ensure that the TILP provides for the ward meeting one of the 5 participation conditions for EFC. Ward must sign mutual agreement (agreeing to participate in EFC and meet one of the participation conditions) to continue AFDC-FC eligibility. (WIC 727.2(i)&(j), 11403)

In a foster care placement/ subject to a foster care placement order?

No

Yes

Dependent in foster care at time court takes 601/2 juris?

No

Yes

AB 12 has no effect on these wards.

Risk of abuse or neglect and cannot be returned home safely?

Yes

Ward returns home.

No

Prior 300 petition dismissed when child made 601/2 ward?

Court vacates order terminating 300 jurisdiction and resumes 300 jurisdiction based on prior petition. Yes

No

Court directs probation or child’s attorney to file 300 referral with child welfare under WIC 329. Court holds hearing on petition issue w/in 20 judicial days. May order CW to file petition.

AB 212 – Impact on Wards Under Age 17.5 Who Have Met Rehabilitative Goals All Statutory References Are to the Welfare and Institutions Code

In a foster care placement/ subject to a foster care placement order?

No

Yes

Dependent in foster care at time court takes 601/2 juris?

No

Yes

AB 12 has no effect on these wards.

Reunification services active, TPR hearing set, or Kin-GAP pending?

Yes

Substantial risk of detriment if youth returns home? §450(d)

No

Prior 300 petition terminated when child made 601/2 ward?

Court vacates order terminating 300 jurisdiction and resumes 300 jurisdiction based on prior petition

Yes

No

Court directs probation or child’s attorney to file 300 referral with child welfare under WIC 329. Court holds hearing on petition issue.

Proposed Amendments to AB 12 – Impact on Wards Age 17.5 to 18 Who Have Met Rehabilitative Goals

All Statutory References Are to the Welfare and Institutions Code

Risk of abuse or neglect & can’t be returned home safely?

Ward returns home (or to adoption or guardianship)

No

No

Yes Court can modify its jurisdiction to take jurisdiction pursuant to Section 450 – transitional age foster youth

Yes

In a foster care placement/ subject to a foster care placement order?

No

Yes

AB 12 has no effect on these wards.

Ward wishes to enter a mutual agreement and become a nonminor dependent & remain in foster care?

Court can modify its jurisdiction to take jurisdiction pursuant to Section 450 transitional age foster youth.

Yes

No Termination hearing required, court make minor aware of ability to re-enter via a voluntary re-rentry agreement. Ward must have a 90 day transition plan and have received all required documents pursuant to Section 391 for termination of foster care.

AB 212 – Impact on Wards 18 to 21 Who Have Met Rehabilitative Goals All Statutory References Are to the Welfare and Institutions Code

Who supervises youth under transition jurisdiction?

AB 12, supervision of a youth who exits delinquency to dependency would be determined by the county 241.1 protocol – meaning it could be either probation or child welfare

AB 212 keeps with this approach by allowing counties to determine who should be the supervising agency for transition jurisdiction youth based on the needs of the youth (WIC § 451(c ))

These changes solve the key issues raised by AB 12

Provides a non-delinquent status for youth who are ready to exit delinquent supervision but cannot go home

Provides a non-delinquent status for re-entry of eligible delinquent youth

Does not require a 300 petition or allegations against parents

AB 212: New Re-entry Provisions Goals for re-entry

Allow youth to opt-out of extended foster care at any time before they turn 20/21

No limit on number of exits and re-entries

No obligations on the youth to meet with P.O./SW, attend hearings, or do anything else related to extended foster care during an opt-out period

Old concept of “trial independence” (that was mechanism for re-entry under AB 12) does not allow us to achieve these goals

AB 212: New Re-entry Provisions

AB 212 replaces “trial independence” with a new mechanism for allowing for re-entry

This allows youth who opt out of extended care to re-enter by signing a Voluntary Re-entry Agreement with the placing agency (WIC §§ 607.3, 11400(z), 11401(e),11401.1(c) & 11403(b))

Definition: Voluntary Re-entry Agreement A written voluntary agreement documents:

Desire and willingness to re-enter foster care Desire and willingness to be placed in a supervised setting Desire, willingness and ability to immediately participate in

one or more of the five participation conditions Agreement to work collaboratively with the placing agency to

develop transitional independent living case plan within 60 days of re-entry

Agreement to report any changes of circumstances relevant to continued eligibility for foster care payments,

Agreement to participate in the filing of a petition for juvenile court jurisdiction within 15 judicial days of the signing of the agreement;

Placing agency’s efforts and supportive services to assist nonminor in the re-entry process. (WIC §11400(z))

Mechanics of re-entry with a Voluntary Re-Entry Agreement Aid may be resumed at request of the nonminor by

completing a voluntary re-entry agreement followed by or concurrently with a petition filed with juvenile court to resume dependency or transition jurisdiction

The placing agency is required to file petition to resume dependency or transition jurisdiction within 15 days of the signing of the Voluntary Re-entry Agreement WIC 388(e)

The placing agency is required to “complete the voluntary re-entry agreement with the nonminor who agrees to meet the criteria of the agreement as described in subdivision (z) of Section 11400.” WIC 11403(e)

Voluntary Re-entry-Payment of Benefits Eligibility for federal foster care is a new

determination Based on nonminor’s income/resources (NOT

income/resource of parent(s))

If a nonminor is not eligible for federal foster care funding, he/she would be eligible for state foster care funding (unless placed with a relative)

Beginning date of payment is the date the Voluntary Re-entry Agreement is signed WIC 11403(e)

Probation AB12 Considerations Extended care is a voluntary program on youth’s part Kin-GAP is an option for youth after their 16th birthday who can’t go

home, but can live with relative when not interested in extended care supervision (must still meet participation conditions)

Although we may interact with 18+ differently, Feds remind us that the same IV-E mandates for probation youth in foster care apply to young people 18 and older in extended care

We still can draw down IV-E admin funds for IV-E case management work (should continue to time study (track time) for probation officer duties)

Probation should be working collaboratively with CW counterparts on AB 12 implementation planning