The Jim Casey Youth Opportunities Initiative’s webinar, “Model Extension of Care and Re-Entry Policies — Creating a Legal Structure that Promotes Engagement,” explores key components of a youth-engaging extended foster care system. This session explores model programs and policies in various states as well as reform plans.

1. Improving Permanency Outcomes for Older Youth:
Leveraging the Strengthening Families Act
AUGUST 9, 2016
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• Sarah Helvey, director, child welfare program, Nebraska Appleseed
shelvey@neappleseed.org
• Jenny Pokempner, director, child welfare policy, Juvenile Law Center
jpokempner@jlc.org
• Jennifer Rodriguez, executive director, Youth Law Center
jrodriguez@ylc.org
• Angie Schwartz, policy director, Alliance for Children’s Rights
a.Schwartz@kids-alliance.org
Moderator
Molly Coplan, program assistant, The Annie E. Casey Foundation
Panelists

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• Extended foster care trends,
background
• Elements of a model system
• Strengths, challenges of
extended care systems —
California and Nebraska
case studies
Agenda

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• More than half the states have programs
• Some of those states have not drawn down
Title IV-E funds for their program
• California and Indiana: The only two states allowing youths
in juvenile justice system to opt into extended foster care
Extended Foster Care: A National Picture

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Under Fostering Connections to Success and Increasing Adoptions Act, states
can use Title IV-E funds for extended care if they have following eligibility criteria:
• Completing secondary education or in a program leading to an equivalent
credential;
• Enrolled in institution that provides postsecondary or vocational education;
• Enrolled in program/activity aimed at removing barriers to employment;
• Employed at least 80 hours per month; or
• If a child’s medical condition makes them incapable of engaging in these
activities, updated information on condition must be in case plan
42 U.S.C.A. § 675 (8)
Fostering Connections

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• If states have subsidized adoption and guardianship programs,
these programs must be extended if opting to extend foster
care and draw down Title IV-E funds
• If states draw down Title IV-E funds for extended foster care,
they must follow all Title IV-E requirements related to case and
permanency planning, case review and caseworker contacts
• U.S. Administration for Children and Families guidance details
areas of variation that are permissible for youths 18-21
– Program Instructions, p. 9. (July 9, 2010), ACYF-CB-PI-1-11
www.acf.hhs.gov/sites/default/files/cb/pi1011.pdf
Fostering Connections Requirements for Extended Care

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• Youth may remain in current placements past 18
– Some states restrict use of group facilities
• “A supervised setting in which the individual is living
independently” added as Title IV-E reimbursable placement setting
for youth 18-21 in extended foster care
• Federal guidance provides flexibility in designing these settings:
– Can include host homes, dorms and apartments varying levels of
supervision
– Funds can be provided directly to the youth
– Guidance found at ww.acf.hhs.gov/sites/default/files/cb/pi1011.pdf
Extended Care Placement Options

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Core principles
• Developmentally appropriate
• Geared toward permanency
• Client-directed
• Informed by adolescent development research
*Foster Care to 21: Doing it Right
www.aecf.org/resources/foster-care-to-21-doing-it-right/
Doing Extended Foster Care Right:
The Jim Casey Initiative Framework*

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Nuts and Bolts of an Effective System

11. NEBRASKA
BRIDGE TO INDEPENDENCE PROGRAM
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• Gov. Heineman signed into law June 5, 2013
• Codified at Neb. Rev. Stat. § 43-4501 et seq.
• Amended Title IV-E Plan to allow state to draw down
Title IV-E funds
B2i Background

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• A fiscal analysis was completed
• Analysis of child welfare agency found:
– About 300 young people were leaving foster care each year
without permanency
– Although about 60% of these youth were applying for
assistance from the aftercare program, only about a third
received services through the end of the year
Making the Case Through Data and Analysis

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• Surveys of more than 250 stakeholders and youth
• Focus groups with 100 youth
• Youth leaders from Project Everlast involved throughout
Making Case by Coalition Building, Youth Engagement

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• A dependent child who is in an out-of-home
placement at 19 or discharged to independent living
• Youth who were in guardianship arrangements at
16 or older are eligible and may choose either:
– Extended guardianship subsidy (paid to guardian)
– Entrance into B2I program (subsidy to youth)
• Youth must meet any one of Fostering Connections
requirements
Eligibility Requirements

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• Youth must opt in, but agency must inform them of option
• Youth who opt in sign voluntary services and support
agreement with agency
• Agency also files a petition to open a B2I case
• Court approves petition, makes a best interest determination
and has jurisdiction to conduct permanency hearings
• If youth decides to end services, they are notified of potential
consequences of termination and option to re-enter
Mechanism for Extension

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• Available for youth who aged out at 19 or older
• Available for youth 19 – 21 who entered guardianship
arrangements at 16 or older
Re-Entry

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• Specially trained independence coordinator conducts
case work
• Case management, permanency and case planning,
and visitation requirements and intervals remain the
same
• Case work focuses on independent living transition
proposal and permanency plan
Service Array

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• Continued foster care maintenance payments to provide housing
support for the following housing options:
‒ Foster family home
‒ Supervised independent living setting (e.g., single/shared
apartments, houses, host homes, college dorms)
‒ An institution or foster care facility, if necessary due to
developmental level or medical condition
• Funds can go directly to the youth
‒ Amount cannot exceed rate of care before exiting foster care at 19
• Nebraska limits group placements to exceptional situations
Placement Options

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• Six-month status reviews are administrative reviews and
are done by the Foster Care Review Office
• Yearly permanency reviews occur in court
• The court has authority to do the following:
‒ Oversee the delivery of services
‒ Monitor youth’s progress in the program
‒ Order services
Court or Administrative Oversight

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• Youth may have court-appointed attorney
• Representation is client-directed (not best interests)
• Court can appoint CASA volunteer or continue
appointment of previously appointed CASA volunteer
with youth’s consent
Legal Representation and Advocacy

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• Committee members include:
– Representatives from all three branches of government
– No fewer than three young adults in or previously in foster care
– At least one representative from a child welfare advocacy group,
– At least one representative from a child welfare service agency
– At least one representative from an independent living services agency
• Committee must do the following:
– Meet twice a year
– Provide yearly report on implementation status and recommendations
to Children's Commission, the child welfare agency, the governor and
the legislature. [Nebraska Revised Statute 43-4513]
o 2015 Report: https://goo.gl/74k18P
o 2016 Report: forthcoming (October 2016)
Accountability: Advisory Committee

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Trends
• Many in extended
care are pregnant
or parenting
• Most are in
independent or
shared housing

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• Expand program to youth in juvenile justice system
• Examine access issues for Native American youth
• Provide more instruction and support on financial
management and budgeting skills, especially for
youth receiving stipends directly
Advisory Committee Recommendations

25. Resources
www.neappleseed.org/B2I
• Court questionnaire
• Bench Bar Guide
• Fact Sheets
‒ Young Adult B2i
‒ Extended Guardianship and Adoption Subsidy
‒ Timeline of Service Provision
‒ Super Simple B2i and ACA
• Sample Court Forms
‒ Order and Findings Regarding Voluntary Services and Support Agreement
‒ Order and Findings After B2i Permanency Review Hearing
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26. CALIFORNIA
ASSEMBLY BILL 12
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• Signed into law on Sept. 30, 2010
• Implementation began Jan. 1, 2012; phased in
• Several “clean up” bills passed between 2012 and 2013
• Title IV-E Plan amended and federal funds received
AB 12 Background

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• Data and fiscal analysis
• Convening and advocacy among stakeholders
• Significant private foundation support
Road to AB 12

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• Have an order for foster care placement at 18
• Includes dependent and juvenile justice youth
• Meet any one of Fostering Connections participation
requirements
– Certification of Participation is made every six months
– Youth list a backup eligibility criteria in the TILP
• Youth in extended care are non-minor dependents
Eligibility

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• Program is voluntary, but youth automatically
extended in care
• Youth sign mutual agreement with agency to enter
extended care, but court determines eligibility
• To opt out, the court must find youth was informed
of right to remain in care, benefits of extended
foster care and right to re‐enter if under 21
Mechanism for Extension of Care

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• Re-entry is available between 18 and 21 to youth who had an
order for foster care placement at 18 or older or entered a
guardianship or an adoption at 16 or older
• Youth notified of right to re-enter when case is closed
• Re-entry can occur by signing a Voluntary Reentry
Agreement with child welfare agency or petitioning the court
• Initial meeting with social worker satisfies participation
requirement until goals can be established
• No limit on number of times a youth can re-enter
Re-Entry

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• Case and permanency planning, visitation and related
requirements remain the same
• Case work focuses on Transitional Independent Living
Case Plan and permanency plan
Service Array

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• Kinship care
• Foster family home
• Living settings for individuals with developmental
• THP‐Plus Foster Care
– Licensed supervised living settings that are in community
and provide varying levels of supervision and support
• Unlicensed Supervised Independent Living Setting
– NMD identifies setting, receives payment directly
• California limits use of group placements for youth after 18
Placement Options

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• AB 12 Steering Committee
• AB 12 Leadership Team
• Five Focus Area Teams
– Program and placement
– Eligibility, rates and placement
– Rules of court
– Training and informing
– Administrative and fiscal
• Stakeholder feedback
Accountability: Four-Tiered Implementation Plan

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• Status and permanency reviews are in court
• NMD represented by attorneys, who are
directed by clients’ wishes
Oversight and Legal Representation

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• Most eligible youth have entered extended care
or re-entered
• Youth experiencing good educational outcomes,
high access to services and supports
• Many youth express satisfaction with services
• Placement continues to be a challenge:
– Too few options for special populations
– A third are placed in SILP setting and may need
more supportive settings
Extended Care Trends

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• Know Before You Go Resources
– Smart-phone app: goo.gl/KjL9VR
– http://knowb4ugo.org/
• California Fostering Connections to Success
http://www.cafosteringconnections.org/wp2/
Resources for Stakeholders and Youth

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State Guidance — All County Letters
• www.cafosteringconnections.org/wp2/information-
provided-by-cdss/
• Topics include placements, eligibility, re-entry and
extended permanency subsidies
Resources for Child Welfare Agency Guidance

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• Mark Courtney, et al., Providing Foster Care for Young
Adults: Early Implementation of California’s Fostering
Connections Act (Chapin Hall 2013)
goo.gl/UKq3GN
• Mark Courtney, et al, Findings from the California Youth
Transitions to Adulthood Study (CalYOUTH): Conditions
of Youth at Age 19 (Chapin Hall 2016)
goo.gl/Rp8mHA
Resources: Implementation Research

40. STRENGTHS
AND CHALLENGES
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41. STRENGTH:
YOUTH ENGAGEMENT
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42. STRENGTH:
BROAD ELIGIBILITY, COMMITMENT
TO SERVING AS MANY AS POSSIBLE
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43. CHALLENGE:
CAPACITY TO PROVIDE APPROPRIATE
PLACEMENTS/LIVING ARRANGEMENTS
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44. CHALLENGE:
TRANSITION PLANNING, INDEPENDENT
LIVING PREPAREDNESS POST 21
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For additional information
www.aecf.org/work/child-welfare/jim-casey-youth-opportunities-initiative/
Questions?

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