TABLE OF CONTENTS - Home | CalSWEC
TABLE OF CONTENTS
HSA/FCS Policy Statement 1
Notification Requirement 1
Eligibility Requirements 2
Eligible Youth 3
Ineligible Youth 3
Special Populations of NMDs 4
EFC Program Participation Criteria 4
EFC Program Participation Criteria Definitions 5
EFC Program Participation Criteria Definitions (con’t) 6
Temporary Breaks in Participation 7
Mutual Agreement SOC 161 8
Six Month Certification SOC 162 8
Wraparound Services 9
NMDs Earned Income 9
Medical Confidentiality and the HEP 9
90 Day Transition Plan 10
Transitional Independent Living Plan (TILP) 10
Case Plan (TILCP) 11
Non Compliance with Case Plan 12
Reporting Suspected Abuse of an NMD 12
NMD Responsibilities 12
PSW Responsibilities 13
VISIT REQUIREMENTS 14
COURT REQUIREMENTS 14
CWS/CMS 15
|HSA/FCS Policy Statement | |
| |It is the policy of San Francisco Human Services Agency/Family & Children’s Services (HSA/FCS) to provide services and|
|Date of Approval |payments to foster youth over age 18 that continue to remain in foster care. Effective as of January 1, 2012 as |
|3/13/12 |outlined in Assembly Bill 12 (AB12) foster youth beyond age 18 will be entitled to services and payment under the |
| |Extended Foster Care Program (EFC) and will be eligible to receive foster care benefits, Aid to Families with |
|(signature on file) |Dependent Children-Foster Care [AFDC-FC] payments and services. |
|Debby Jeter | |
|Deputy Director, FCS |As stipulated in AB 12 the EFC Program allows foster youth including, youth supervised by child welfare, in |
| |Non-Related Legal Guardianships (NRLGs) or under a Tribal Title IV-E agreement to remain in foster care beyond the age|
| |of 18. Foster youth that remain in foster care will continue to receive benefits and services, as long as the foster |
| |youth meets participation requirements, lives in an approved or licensed facility, and meets all other eligibility |
| |requirements. |
| | |
| |AB12 also includes provisions for the extension of benefits under the Adoption Assistance Payment (AAP) and Kinship |
| |Guardianship Assistance Payment (Kin-GAP). [Refer to FCS Handbook sections on AAP and Kin-GAP benefits for details on |
| |payments and services related to youth in adoptive or Kin-GAP placement.] |
| | |
| |The purpose of the section is to outline the policy, procedures and process for the provisions of the EFC and FCS |
| |implementation of these benefits and services. |
| | |
| |The young adults who remain under the jurisdiction of the court, in EFC after age 18 are referred to as Non-Minor |
| |Dependents, (NMDs) or youth in this protocol. |
| | |
|Notification Requirement | |
| |NMD youth shall be informed of the option to voluntarily participate in EFC and the benefits of extended care prior to|
| |attaining age 18, in preparation for the six month review hearing closest to their 18th birthday. Youth shall also be|
| |informed of the right to re-enter EFC, how to re-enter EFC and the process for receiving EFC. |
| | |
| |If the youth exits foster care after 18 and prior to reaching maximum age limit, they have the option to re-enter |
| |foster care at a later date. These youth must agree to meet one of the participation criteria and be under the maximum|
| |age for foster care. The re-entry process is currently being revised and details will be available at a later date. |
| | |
| |For details in addition to this section and other information [Refer to FCSHB Section 55-13 CA Fostering Connections |
| |Placement Options for Extended Foster Care – NMD and AB12 Non-Minor Dependents, Extended Foster Care Program] |
| | |
|Eligibility Requirements | |
| |In order for a non-minor to be eligible for extended foster care benefits, they must remain under the jurisdiction of |
| |the juvenile court as a dependent and/or placed with the child welfare agency or if placed with a NRLG sign the Mutual|
| |Agreement, SOC 162. |
| | |
| |Participation in EFC is voluntary and as these youth are legal adults, they may choose to exit foster care at any time|
| |after reaching age 18; in some instances this may include an unplanned exit. A Termination of Jurisdiction court |
| |hearing is required. At the hearing youth must be informed of the option to remain in care or re-enter while still |
| |under the age limits and receive assistance and documents regarding transition services. |
| | |
| |Foster youth that reach age 18 and meet the criteria, as outlined below may remain in extended foster care and |
| |continue to receive benefits and services are as follows: |
| | |
| |Beginning January 1, 2012, up to age 19 |
| |Beginning January 1, 2013, up to age 20 and |
| |Beginning January 1, 2014, up to age 21 contingent upon appropriation of funds by the |
| |legislature. |
| | |
| |Effective January 1, 2012, foster youth who are age 18 and under juvenile court jurisdiction are eligible for EFC up |
| |to age 19 regardless of funding source. For example, those NMDs eligible for federal AFDC-FC, state AFDC-FC or |
| |CalWORKs prior to age 18 remain eligible for those same programs after age 18 as long as all other eligibility |
| |conditions are met. A new Title IV-E determination is not necessary. |
| | |
| |Foster youth who were previously federal/state eligible, but became ineligible at age 18 and remained under the |
| |juvenile court jurisdiction, may be able to “re-establish” eligibility for federal/state AFDC-FC, provided they meet |
| |the new criteria under AB12, without requiring a new IV-E eligibility determination. [For detail information on |
| |Eligibility Criteria Refer to ACL 11-61 EFC] |
| | |
|Eligible Youth | |
| |Eligible non-minors include those who: |
| | |
| |Turn 18 in 2011 and are in foster care dependency under the jurisdiction of the juvenile court on January 1, 2012 |
| |Turn 18 in 2012 and thereafter |
| |Are on probation and under an order for foster care placement at age 18 during the time frames specified above; |
| |Are eligible for either federal or state AFDC-FC |
| |Meet any of the above circumstances and are: |
| |o In foster care and pregnant and/or parenting |
| |o In foster care and residing out-of- county or |
| |o In foster care and residing out –of-state. |
| |Are in a NRLG established through juvenile court and sign a |
| |mutual agreement to remain in foster care. |
|Ineligible Youth | |
| |Ineligible youth include those who: |
| | |
| |Turn age 18 in 2011 and have juvenile court dependency/delinquency |
| |terminated |
| |Turn age 19 in 2011 |
| |Are married |
| |Are in the military |
| |Are incarcerated |
| |Are otherwise not eligible for AFDC-FC |
| |Are in a NRLG through the probate court. |
| | |
| |Note: Youth in a NRLG through probate court that are eligible for state-only AFDC-FC benefits may continue to receive |
| |the state only benefits only up to age 19 if they continue to meet the high school completion rule. |
|Special Populations of NMDs |Former foster youth in non-dependent NRLGs established in juvenile court are eligible for extended state-only AFDC-FC |
| |payment benefits if: |
| | |
| |They meet eligibility requirements and at least one of the EFC participation criteria listed above |
| | |
| |They are a non-minor in a NRLG placement and sign the required mutual agreement for EFC, SOC 162 form. |
| | |
| |This agreement is required because there is no current court order for placement and care authority in these cases. |
| |Therefore, the mutual agreement serves as the authority for placement allowing AFDC-FC payments to be issued. |
| | |
| |Eligible parents who remain in the EFC, with a nondependent child residing with them will still be eligible to receive the|
| |infant supplement for the child, including the SILP and THP+FC placements. Additionally, the NMD youth also has the |
| |option to remain in, or be placed in, a whole family foster home. |
| |NMDs receiving SSI are eligible to participate in EFC even if they receive SSI instead of AFDC-FC or a combination of |
| |both. |
| | |
| |Note: If the youth is receiving the AFDC-FC in lieu of the SSI payment because the AFDC-FC is higher, the youth will |
| |receive state only funded AFDC-FC at least one month in any 12 month period to maintain eligibility for SSI at the time |
| |they exit care. The Social Security Administration must be notified that the youth is not receiving payment during that |
| |month to ensure that youth will receive an SSI benefit during one of the months in the 12 month period. |
| | |
|EFC Program Participation | |
|Criteria |To remain in the EFC after attaining age 18, at least one of the following participation criteria must be met: |
| |Completing high school or an equivalency program (under AB 12, NMDs do not have to complete high school by age 19 to be |
| |eligible) |
| |Enrolled in post-secondary education or vocational school |
| |Participating in a program or activity that promotes or removes barriers to employment |
| |Employed at least 80 hours per month; or |
| |Is incapable of participating in any activity as described in 1- 4 due to a documented medical condition. |
|EFC Program Participation | |
|Criteria Definitions | |
| |Secondary Education: |
| | |
| |To satisfy the criteria of completing secondary education or a program leading to an equivalent credential, the NMD must|
| |be enrolled in a program of secondary education. Enrollment includes, but is not limited to, a public, charter, or |
| |alternative high school, a non-public school, adult education classes, or any other course of study leading towards |
| |completion of a high school diploma, General Equivalency Degree, High School Proficiency Certificate, or |
| |Completion Certification. Enrollment is deemed continuous during any summer or other scheduled break in the school |
| |program. A NMD who is participating in special education activities as described in his/her Individualized Education |
| |Plan is also deemed to be in compliance with this participation condition. |
| | |
| | |
| |Post-secondary or Vocational Education: |
| | |
| |To satisfy the criteria of enrollment in an institution which provides post-secondary or vocational education, a NMD |
| |must be enrolled at least half-time. Participants enrolled in post-secondary education or vocational training at less |
| |than half time, but in at least one course, do not qualify under this participation condition but can qualify under |
| |participation condition number three. |
| | |
| |Enrollment in any for-credit or non-credit courses at an institution shall be included as qualifying under this |
| |requirement. Formal admission to an institution is not required and includes situations where a student is enrolled in |
| |individual courses without being enrolled in the institution. Courses taken at any institution which is licensed to |
| |operate in the state of California, or taken at a comparable institution located or licensed to operate in another |
| |state, will count toward the participation requirement. |
| | |
| |Enrollment is deemed continuous during a summer or other scheduled break in the school program. This provision also |
| |applies to participants on a summer or other break from school or who are awaiting admissions determinations or pending |
| |enrollment in courses. Additionally, if a student drops courses mid-term (voluntary or involuntary), this shall not |
| |result in automatic disqualification from EFC benefits so long as the youth would qualify under another category of |
| |eligibility, or is incapable of participating, as described below. |
| | |
| |Acceptable documentation for verifying enrollment in Secondary, Post-Secondary or Vocational Education may include, but |
| |is not limited to, an unofficial transcript, an electronic copy of the student’s current course schedule, a letter from |
| |the institution or other similar documentation. |
| | |
|EFC Program Participation |Participating in a Program or Activity Designed to Promote or Remove Barriers to Employment: |
|Criteria Definitions (con’t)|A program or activity designed to promote or remove barriers to employment is an individualized program based on a |
| |youth-centered assessment of skills and needs. Such activities may include, but not be limited to, unpaid employment, |
| |volunteer activities, unpaid intern or apprenticeships. Additionally, participation in programs for drug or alcohol |
| |addiction treatment will meet these participation criteria. These activities could be self-directed, completed in |
| |conjunction with the youth’s caregiver or PSW or part of an organized program. A NMD shall be deemed participating in a|
| |program or activity designed to promote or remove barriers to employment as long as the youth is participating in |
| |regular meetings with Protective Services Worker to develop and implement his or her TILP. |
| | |
| |As the options for satisfying this participation condition are varied there, are no standardized documentation |
| |requirements. Documentation can be in written form or documented in case notes in CWS/CMS. |
| | |
| |Employed for at least 80 hours per month: |
| | |
| |To satisfy this criteria, the NMD must be engaged in full- or part-time employment activities which include, but are |
| |not limited to, paid employment, paid internships, apprenticeships, Ticket to Work (for individuals receiving |
| |Supplemental Security Income), vocational rehabilitation, or work study programs. As long as the NMD is scheduled to |
| |work at least 80 hours a month, he/she shall be deemed to meet this participation condition even if the NMD does not |
| |actually work that number of hours due to holidays, illness, excused absences or other circumstances beyond the NMD’s |
| |control. As with all Independent Living Program income, earned income shall be disregarded for purposes of eligibility |
| |determination as specified in the NMD’s TILP Plan. |
| | |
| |Acceptable documentation verifying participation may include, but is not limited to, NMD’s work schedule, pay stubs, a |
| |statement of hiring from the employer, or a statement of acceptance from the apprenticeship or internship program. |
| |Verification should be obtained in the manner that respects the NMD’s privacy and the confidentiality of their foster |
| |care status by enabling the NMD to utilize whatever verification the employer or internship commonly provides and |
| |without asking the NMD to obtain any special documentation that may impinge on his/her privacy. |
| | |
|EFC Program Participation | |
|Criteria Definitions |Incapable of Doing Any of the Above: |
|(con’t) | |
| |Medical conditions that render a NMD incapable of doing any of the activities described in subparagraphs one to four |
| |above include both short-term and long-term medical conditions, as verified by a health care practitioner. A healthcare |
| |practitioner is defined as any individual provider who is licensed or otherwise authorized by the state, county or city |
| |in which the provider is located to provide services related to physical or mental health. If a NMD does not undertake |
| |remedial measures to treat a verified medical condition, he or she will still be deemed to have a qualifying medical |
| |condition under this subparagraph. |
| | |
| |A non-minor who is eligible for a disability program including, but not limited to, Supplemental Security Income, Social|
| |Security Disabled Adult Child benefits, State Disability Insurance, or Regional Center Services is deemed to have a |
| |medical condition that renders him/her incapable of doing one of the other activities. The non-minor is deemed eligible |
| |for extended benefits under this section upon a verification of eligibility for a disability program and need not obtain|
| |additional written verification. |
| | |
| |Verification of disability benefits status may include an award letter, notice of action, copy of the check or benefit |
| |identification card. The CM for the NMD is responsible for obtaining one of the following: (1) the written verification|
| |from a healthcare practitioner stating that the non-minor has a medical condition and that he or she cannot consistently|
| |meet the full requirements of subparagraphs one to four or (2) the verification of the NMD’s disability benefits status.|
|Temporary Breaks in | |
|Participation |It is likely there will be times when youth are in transition between participation activities during the six month |
| |certification period. For example, a youth may lose a job or have a medical crisis and have to quit school. These |
| |circumstances alone do not make a youth ineligible. As long as they are still working on their goals, as outlined in |
| |their Mutual Agreement and TILP. A setback does not automatically disqualify them from the program. |
| | |
| |During case planning foster youth should also be informed that if they leave foster care at age 18 in 2012 (and |
| |thereafter), they may re-enter foster care at any time before they reach the maximum age. Young adults will not be |
| |required to meet one of the eligibility criteria at the time the young adult requests to re-enter, but will need to sign|
| |a voluntary re-entry agreement, agreeing to meet one of the eligibility criteria with the help of the PSW within a |
| |reasonable time of re-entry. |
| | |
| |Note: Scheduled school breaks do not affect eligibility status. Youth on summer break are still considered |
| |participating as long as they are enrolling for the following semester. |
|Mutual Agreement SOC 161 | |
| |PSWs will be required to review documentation of participation and will complete the Six Month Certification of Extended|
| |Foster Care Participation form, SOC 161 in CWS/CMS and forward it to the EW. The youth must meet at least one |
| |participation condition for EFC as outlined in their case plan and participation must be verified by the PSW for |
| |continued eligibility. |
| | |
| |If the SOC 161 is received by the end of the month following the month in which the update was due, the form is |
| |considered timely. For example, if the SOC |
| |161, is due on November 15th, and is received by eligibility on or before December 30th, the form is timely. The |
| |certification should be updated at the same time the Transition to Independent Living Plan (TILP) and case plan are |
| |updated for the case review hearing. |
| |The certification covers a prospective six month period. Documentation of participation should be noted in the court |
| |report and CWS/CMS. The Soc 161 must be generated in CWS/CMS. The SOC 161 needs to be attached to the court report for |
| |each six month case plan review hearing and provided to the EW as verification of participation. Verification may |
| |include documents such as copy of school schedule or pay stubs. Verification may also be documented in case notes in |
| |CWS/CMS in circumstances where written documentation is not available. Verification documents do not need to be |
| |submitted to FCE. |
|Six Month Certification SOC|Youth requesting EFC will be required to sign the Mutual Agreement, SOC 162 for EFC and should sign the agreement once |
|162 |they reach age 18 and, no longer than six months after turning 18. The youth must sign the mutual agreement to |
| |acknowledge that they are voluntarily agreeing to remain in foster care in supervised placements as a court dependent. |
| |A copy of the 162 must be given to the youth. |
| |The Mutual Agreement is required to document the youth’s informed agreement to participate in EFC and understanding of |
| |the assistance and services they can expect to receive. It also ensures that the youth’s status as a legal adult is |
| |recognized and provides clear expectations for services to be provided to them. The Mutual Agreement is a required |
| |condition for participation, but is not a condition of payment. |
| |The Mutual Agreement is valid throughout a continuous stay in EFC; however, the youth can elect to exit EFC at any time,|
| |by requesting through their PSW or lawyer to have dependency dismissed. By signing the SOC 162, the youth agrees to be |
| |responsible for reporting changes to their PSW, be supervised by FCS while residing in EFC and comply with program |
| |requirements and eligibility conditions. A copy of the SOC 162 must be given to the youth and forwarded to the EW. A |
| |copy of the SOC 162 must be forwarded to FCE within 6 months of the SOC 161 sign date. |
| |NOTE: The Mutual Agreement is required for a youth residing with a non-dependent NRLG and must be signed prior to or in |
| |the same month the youth attains age 18 for benefits to continue beyond 18. The mutual agreement serves as the placement|
| |authority for these youth given that there is no continuing court involvement in these cases. Payment cannot begin |
| |until this form is received by FCE. |
|Wraparound Services | |
| |Wraparound services can further support NMDs with identifying and establishing permanent connections. Although |
| |Wraparound in California has not been previously provided to this young adult population, the program philosophy has |
| |promise given that the model uses a team approach to coordinate services and supports. The Wraparound approach using a |
| |team approach can address areas such as, transition planning, lack of supports, impaired functioning, social, |
| |communication and basic living skills. The NMDs that are in crisis or need assistance may benefit from short-term |
| |intensive community based services. |
| | |
| |For NMDs and families in the foster care system, the Wraparound process can continue to be accessed at any time until |
| |reaching the maximum age of EFC. To be eligible the NMD must continue to meet eligibility requirements described under |
| |the Program Participation Criteria and at risk of placement in a group home licensed by the Department at a rate |
| |classification level of 10 or higher, or they are currently placed in a group home and will be transitioned to a lower |
| |level of care within the next three months. |
| | |
| |Providing Wraparound Services while a NMD is in a short term group home placement may be beneficial to facilitate a |
| |transition to an appropriate adult system of care. For a NMD who could benefit from Wraparound services but who does not|
| |qualify for services based on the risk of a group home placement or current residence in a group home. Participation in|
| |Wraparound is completely voluntary for NMDs, and they may terminate Wraparound services at any time. |
|NMDs Earned Income | |
| |For AFDC-FC eligibility determination purposes, earned income for NMDs shall be disregarded provided that it is |
| |documented in the TILP that the purpose of employment is to enable the NMD to gain knowledge of needed work skills and |
| |the responsibilities of maintaining employment. As with the standard for foster care minors, NMDs may retain resources |
| |with a combined value not to exceed $10,000. Although withdrawal of savings for a foster child requires written |
| |approval, that requirement does not apply to NMDs since they are adults. |
|Medical Confidentiality and | |
|the HEP |The NMD has all legal decision making authority as any other adult regarding their health care. This includes privacy |
| |regarding their medical conditions and consenting to receive treatment or to take medication, even psychotropic |
| |medications. The NMD can make their wishes known by completing the Advanced Health Care Directive form. |
| |The federal requirement to include information about known medical problems, medications and other relevant health |
| |information still applies because dependency is still in effect. It is required by law that this information must be |
| |documented in the Health and Education Passport (HEP). While confidential, the information contained in the HEP must be|
| |provided to the caregiver of NMDs placed in licensed and approved settings. Personal rights of NMDs require that |
| |caregivers keep all medical information confidential and cannot release information to another party without written |
| |consent from the NMD. |
|90 Day Transition Plan | |
| |For youth who have reached age 18 and decline to participate in EFC, the 90 day plan must be completed within 90 days of |
| |the youth’s exit from foster care. During the completion of the 90 day Transition Plan with the youth they should be |
| |informed, again of the potential benefits of remaining in foster care and their right to re-enter foster care if they exit|
| |care at age 18 during, or after, calendar year 2012. If foster youth decide to remain in EFC, the 90-day plan will be |
| |completed, at a later date, prior to exiting EFC. |
| | |
| |NOTE: The 90-day Transition Plan is only required for dependents. It is not necessary to complete the 90-day plan for |
| |NRLGs who receive extended payment benefits. |
| | |
| |[Refer to FCS handbook section 55-3, Youth Emancipating (Aging Out) of Care 90 – Day Transition Plan] for instructions on |
| |completing the 90–Day Transition Plan. |
|Transitional Independent | |
|Living Plan (TILP) |The TILP is a separate document but, is part of the case plan. Requirements for the TILP remain the same including the |
| |six month updates and requirement for living skills assessment. Information about EFC and its benefits should be |
| |discussed with all youth at the development of the initial TILP and at all meetings or case planning in which the TILP is |
| |updated. If they youth chooses not to participate in EFC the TILP needs to continue to reflect the Independent Living |
| |Program (ILP) services that the youth is receiving and/or will receive in aftercare. |
| | |
| |The youth is required to participate in the development of the TILP and to update the PSW on any changes to meeting the |
| |conditions of participation. The TILP should describe the services that the youth is receiving to support their active |
| |engagement in one of the five participation criteria and their overall case plan goals, therefore at least one goal on the|
| |TILP must be directly related to maintaining participation criteria eligibility. |
| | |
| |Each TILP should include a back-up plan that is documented on the SOC 161 that will allow the youth to maintain continuous|
| |EFC eligibility. PSWs should select more than one criterion when working with the youth to allow for flexibility. In |
| |addition, if the young adult is temporarily not able to meet participation requirements due to illness or injury (i.e. |
| |broken leg,) other participation criteria can be used to cover the period of time that the youth is not able to |
| |participate in the primary participation condition. |
| | |
| |In developing the case plan and the TILP with all foster youth in addition to the existing case plan requirements, the |
| |following must be addressed: |
| | |
| |Efforts to achieve permanence, including developing permanent connections with committed and caring adults |
| |Opportunities to have incremental responsibility to prepare to transition to independent living and |
| |Services that will assist the foster youth in meeting one of the participation criteria for eligibility |
| |[Refer to FCS handbook section 52-4, Independent Living Skills Program] for information and instruction on completing the |
| |TILP. |
|Case Plan (TILCP) | |
| |The Transitional Independent Living Case Plan is the youth’s case plan that is updated every six months. It is a |
| |continuation of the same case plan that existed before the youth turned age 18, but no longer focuses on |
| |reunification, termination of parental rights or the establishment of guardianship of a minor. This case plan goals |
| |and objectives are: |
| | |
| |Identifying and developing a permanent connections |
| |Making the transition to independent living; and |
| |Assuming incremental responsibility for adult decision making |
| |The approach to case management for NMDs will involve a paradigm shift in the way NMDs are engaged during casework |
| |and supervision. Their adult status must be acknowledged and respected. Since NMDs can leave foster care at any |
| |time, it is important for the PSW to engage them in a way that supports their developmental needs and provides a |
| |safety net for trial and error experiences by the NMDs, so that the NMDs can learn from mistakes made. The EFC |
| |provides NMDs with the opportunity to develop incremental responsibilities and other problem solving skills that will|
| |help them succeed. These young adults can be provided with the experience of living independently while still in a |
| |supportive environment. |
| | |
| |Case plan and TILP goals for NMDs should be centered on employment, education, and the development of skills that |
| |will help them be successful as independent adults. Case planning and completion of the TILP shall be done in |
| |collaboration with the youth and with input from any other significant people the youth identifies they would like to|
| |be involved in the planning. The planning continues to focus on permanency through identifying and developing |
| |permanent connections with caring committed adults, which could include maintaining or developing a relationship with|
| |a biological parent, when appropriate, or other family members and could even include adult adoption. Both six month|
| |case plan updates and the TILP continue with NMD youth. |
| | |
| |NMD youth have the right not to participate in EFC and remain in foster care past age 18 however case planning for |
| |youth that do not express an interest in EFC should still reflect services that will help the youth meet one of the |
| |participation requirements in case they later decide to remain in EFC. |
| | |
| |The parent or caregiver signature is not required on the case plan or TILP. However, caregiver signature is |
| |encouraged if an agreement has been made for specific support and assistance the caregiver will provide to the youth.|
| | |
| | |
| |Case planning with foster youth who are likely to remain in foster care until 18 and those in NRLGs should also |
| |include information about the option to remain in foster care and the potential benefits of EFC. Before foster youth|
| |turn 18, the PSW must work with the youth to develop case plans and TILPs that include goals and services that will |
| |enable the foster youth to meet one of the participation conditions for EFC. |
|Non Compliance with Case Plan | |
| |The EFC is an opportunity for these young adults to engage in preparation for independent living. The PSW will|
| |have to work differently with NMDs than with minor children in foster care to help them progress in their case |
| |plan goals. It is likely that disagreements will occur between the PSW and the NMD, but as long as NMDs are |
| |maintaining their eligibility through one of the participation criteria, they cannot be deemed ineligible. It |
| |is the responsibility of the PSW to engage the NMDs and assist them in maintaining eligibility. If efforts to |
| |resolve the eligibility issue by working with the NMD are unsuccessful, and the NMD remains unwilling to reside|
| |in an approved placement and either comply with the existing case plan, or modify the case plan to reflect new |
| |circumstances and goals, then the case manager shall request the court to set a W&IC 391 court hearing to begin|
| |the process to terminate court jurisdiction |
|Reporting Suspected Abuse of an| |
|NMD |HSA is authorized to evaluate for an emergency response to an allegation that a NMD is endangered by abuse, |
| |neglect, or exploitation by a licensed or approved caregiver to determine if the placement is safe and |
| |appropriate. The suspected abuse by a licensed or approved caregiver shall be cross reported to the |
| |appropriate licensing or approval agency. |
| | |
| |Health and Safety Code section 1536.1 requires the same type of notification to the licensing agency for NMDs |
| |in licensed foster homes or facilities when there is suspected abuse or other incidents that would jeopardize |
| |the health or safety of any other residents in the home or facility. If it is suspected that a NMD living in a|
| |SILP is being abused by a roommate, this should be reported to local law enforcement. This would not be |
| |reported to adult protective services as they do not serve this population of adults. |
|NMD Responsibilities | |
| |To participate in EFC NMD Youth are required to: |
| | |
| |Agree to remain under the jurisdiction of the juvenile court and sign a Mutual Agreement to participate in EFC |
| |Meet one of the qualifying criteria as described above and eligibility standard to participate in EFC |
| |Adhere to required activities and requirements to maintain eligibility for EFC benefits |
| |Participate in development of a TILP and TILCP in collaboration with PSW |
| |Update PSW on changes affecting their ability to meet eligibility requirements for participating in EFC and of |
| |changes related to their placement |
| |Sign a voluntary re-entry agreement if they exit foster care before the maximum age requirement and choose to |
| |re-enter EFC |
|PSW Responsibilities | |
| |Although these non-minor dependents are adults they are still case managed. |
| | |
| |PSW is responsible for: |
| |Informing youth of the option to participate in and the benefits of participation in EFC |
| |Developing a case plan and TILP before the foster youth turns 18, that includes goals and services that will |
| |enable the youth to meet on the participation conditions for EFC |
| |Providing assistance to youth to enable them to meet one of the five participation conditions. |
| |Informing youth of their rights to re-enter EFC and the process for participation in EFC |
| |Completing a TILP and TILCP for youth in CWS/CMS |
| |Obtaining a signed Mutual Agreement SOC 162 from youth in EFC |
| |Providing a copy of the SOC 162 to the youth |
| |Completing a SOC 161, 6 month certification of EFC in CWS/CMS |
| |Submitting a copy of the completed SOC161 and SOC 162 to Foster Care Eligibility in a timely manner |
| |Updating the SOC 161 at the same time the 6 month TILP and case plan is completed |
| |Completing a placement agreement at time of initial placement and/or when youth changes placement |
| |Filing a copy of all completed documents in the youth’s case file |
| |Preparing a 90-day transition plan when the youth exits foster care |
|PSW Responsibilities (con’t) |VISIT REQUIREMENTS |
| | |
| |The same monthly visitation requirements for minors in foster care apply to NMDs in foster care. PSWs are required |
| |to visit NMDs monthly; the federal requirement is that the majority (51 percent) of visits must be conducted in the |
| |place of residence. Since placement options for NMDs may involve roommates, PSWs should be flexible when and where |
| |they visit the NMDs, to the extent possible, to help respect the NMDs privacy, while still meeting the federal |
| |requirement of visitation in the place of residence. |
| |Placements out-of-state are allowable for NMDs who are attending college, residing in an appropriate placement or for|
| |appropriate employment. All monthly visit and service requirements applicable to NMDs must be met for NMDs placed |
| |out-of-state. |
| |According to federal requirements and recent guidance, monthly visits must be face to face; therefore, video |
| |conferencing, SKYPE conferencing or use of other technology is not considered an acceptable method for conducting |
| |monthly visits for NMDs placed out- of-state. |
| |COURT REQUIREMENTS |
| | |
| |Effective as of December 14, 2011 court reports must be in compliance with the rules of court that pertain to the |
| |status of non-minor dependents in EFC. |
| |After the age of 18, youth will continue to have status review hearings every six months. Once the youth turns 18 |
| |and is in EFC, notifications of court hearings are no longer required for the biological parents. However, youth may|
| |invite parents and other adults if they choose to. In addition, there is no need to continue court hearings for |
| |termination of parental rights. To ensure that NMDs can be involved in the court process appearances, via telephone |
| |or Skype conference are allowable. |
| | |
| |All court reports filed for youth over 17½ years for hearings which are scheduled after January 1, 2012 are subject |
| |to new requirements. PSWs are responsible for including additional information in the reports for the following: |
| | |
| |For youth approaching the age of 18, at the 6 month Status Review Hearing closest to the youth’s 18th birthday. |
| |For a non-minor dependent over age 18 at any 6 month Status Review Hearing. |
| |For termination of jurisdiction for any non-minor dependent. |
| |A copy of the report must be maintained in the hard copy file. |
| |[Refer to Information Memo #11-10 Extended Foster Care – AB12 New Court Report Requirements for additional |
| |information or contact the Help Desk at 557-5150 for assistance with court reports.] |
| |CWS/CMS |
| | |
| |Documentation of participation should be noted in the CWS/CMS Case Contact Notebook. Other forms of documentation|
| |should be entered in case notes in CWS/CMS. [Refer to Quick Guide to the Contact Notebook in CWS/CMS] |
| | |
| |PSWs must: |
| |Generate the SOC 161 and SOC 162 in CWS/CMS |
| |Generate appropriate SOC placement agreement in CWS/CMS [Refer to Quick Guide to San Francisco County Forms in |
| |CWS/CMS] |
| | |
| |Create or update a Case Plan in CWS/CMS. |
| | |
| |On the Service Objectives Page, select, Other Service Objective for the NMD and in the Additional Description for |
| |Participant box enter a statement stating the NMD plan, (e.g. The non-minor dependent will participate in a |
| |program or activity designed to promote or remove barriers to employment and will complete the following, and the |
| |NMD will continue to comply with the TILP Goals. [Refer to Quick Guide to Case Plan] |
| | |
| | |
| |Complete the TILP and the TILCP Refer to Quick Guide to Transition Notebook –TILP & 90 Day Transition Plan |
| | |
| |Enter or ensure data entry of special project codes for NMDs for participation conditions and placement into |
| |CWS/CMS [Refer to Quick Guide to Entering Special Projects in CWS/CMS] |
| | |
| |Enter an education placement for each NMD [Refer to Quick Guide to the Education Notebook in CWS/CMS] |
| | |
| |Each youth must have an education placement in CWS/CMS even if the youth has graduated high school, is currently |
| |in a training program or attending college. The placement must also be updated every school year or when a change|
| |in educational placement occurs. |
| | |
| |After April 30, 2012 CWS/CMS will be updated to include changes for data entry for NMDs case plan in the Case |
| |Information Notebook, Case Plan Notebook and End Case Notebook. [Refer to future Informational Memos for details |
| |on these changes]. |
| | |
| | |
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