California’s Approach for Implementing the Federal Fostering Connections to Success Ac by Lindsay Elliott from 5.8 Ending Homelessness for Youth Aging Out of Foster Care at the 2014 National Conference on Ending Family and Youth Homelessness.

1. California’s Approach for
Implementing the Federal Fostering
Connections to Success Act
&
Ending Homelessness for Youth
Aging Out of Foster Care
National Alliance to End Homelessness
February 19, 2014

2. California’s Foster Care System
 There are approximately 63,000 youth in foster care in
California
 Annually, around 5,000 youth “age out” of California’s
foster care system
 Designed to align with the Federal Fostering
Connections to Success Act (2008)
 When AB 12 was enacted, California was facing a $21
billion deficit

3. Key Factors in Passing AB 12
 Built off of the momentum of federal Fostering Connections to
SuccessAct
 Fostering Connections 2008 changed the landscape of foster
care.
 Foster care could now be provided to young adults up to the
age of 21 with title IV-E funding
 Legislative Champions –Asm. Bass and Beall
 Strong and diverse group of co-sponsors
 Relied on research demonstrating the impact of extended foster
care
 Active foster youth participation in policy development
 Broad bipartisan support for the legislation

4. Eligibility Overview
• Extended benefits available to:
• Non-Minor Dependents (NMD’s) under court
supervision– as defined in the next slide, including youth
who are on probation and under an order for foster care
placement at age 18
• Youth who entered Kin-GAP (guardianship w/relatives)
at age 16 or older.
• Youth who entered the Adoption Assistance
Program (AAP), as long as the adoption agreement was
signed when the youth was age 16 or older.
• Former dependents/wards in non-related legal
guardianships created in juvenile court (not probate
court), regardless of the age of the youth when the
guardianship was created.

5. Summary of Extended Foster Care
Eligibility Requirements
According to definition of NMD, youth must:
1. Satisfy the age criteria.
2. Have an order for a foster care placement at age 18.
3. Satisfy at least 1 of 5 participation requirements.
Youth must also:
4. Agree to live in an approved/licensed supervised
placement.
5. Agree to remain under the jurisdiction of the court as a
NMD by signing a mutual agreement.

6. Eligibility: Participation Requirements
Be enrolled in high school or pursuing GED
Be enrolled in college/vocational school
Participate in a program/activity that removes barriers
to employment
Work at least 80 hours/month
Be unable to do one of the above because of a medical
or mental health condition
1.
2.
3.
4.
5.
5.

7. Inclusive Participation Criteria
 Anticipates that some NMDs will be in transition between
participation activities ( loss of a job, medical crisis)
 As long as the NMDs are still working toward their goals, the
temporary set back does not make them ineligible
 Back up plans and participation conditions are designed to be
inclusive and bridge gaps in eligibility
 Participation Condition # 3: A program/activity designed to
promote or remove barriers to employment is an individualized
program based on a youth-centered assessment of skills and
needs.
 Activities may include, but are not limited to, unpaid
employment/internship, volunteer activities, parenting classes,
mental health treatment, and participation in programs for drug or
alcohol addiction treatment
All County Letter 11-61

8. Placement Options

9. Placement Considerations
 NMD youth are adults
 Placements should be least
restrictive
 Encourage independence
 Developmental needs and
readiness for independence
 Decisions are made in
conversation with the youth

10. Placement Types:
Available to Minors & Nonminors
Available to minors and NMDs:
 Living with an approved relative or extended family member
 Living with a foster family
 Home of a Non-related Legal Guardian
 “Dual Agency” Homes for Developmentally Disabled
Available temporarily/with limitations to NMDs:
 Transitional Housing Placement Program (THPP)
 Group Home

11. Placement Types:
Available Only to Non-Minors
2 new settings created for non-minor
dependents:
 Supervised Independent Living Placement (SILP)
 Transitional Housing Placement-Plus Foster Care
(THP+FC) Program

12. THP-Plus Foster Care
 State licensed placement
 Provides housing and supportive services in semi-
supervised setting
 Single site, Scattered/remote site, or host family
 Ideal placement option for youth who are unable to
reside in foster homes but aren’t ready for a SILP

13. Supervised Independent Living Placement (the
“SILP”)
 Readiness assessment
required
• Physical inspection required
• Least restrictive placement
• Youth may receive foster
care payment directly (i.e.
stipend ($820 per month)
Housing options include:
▫ Apartments
▫ Room and board
arrangements
▫ College dorms/student
housing
▫ Shared room mate
arrangement

14. COURT PROCESS

15. Assumption of Eligibility
 Extended Foster Care is an “opt out” program.
 There is an assumption that the youth who attains 18 years of
age will remain in care unless s/he opts out of care.
 The court is responsible for finding that the youth continues
to meet one of the participation conditions in order to
remain eligible and that the agency provides reasonable
efforts to assist the youth in meeting participation conditions
and ensuring ongoing eligibility.
WIC 366.31,391(e), 11400(v) &11403

16. Failure to Meet
Participation Requirements
 It is the Court’s role to determine if NMD is not
participating in a reasonable TILCP.
 The burden of proof of nonparticipation/
noncompliance is on the SW/PO.
 SW/PO must document reasonable efforts to provide
NMD with assistance to meet/maintain participation in
TILP activities.

17. Re-entry

18.  Youth must be informed of right to re-entry at termination hearing
 Youth can re-enter as many times as necessary prior to turning 21
yrs old.
 Re-entry process is intended to be as accessible and easy as
possible
**Goal is to permit youth to experience independence, while
allowing a safety net.
Re-entry into
Extended Foster Care

19. Process for Re-entry
Youth
contacts
agency
Signs
voluntary re-
entry
agreement
Aid begins on
date youth
signs
agreement
and resides in
a qualified
placement
Initial meeting
with social
worker /PO
temporarily
satisfies
participation
conditions
Agency has
15 days to file
court petition
or youth can
file directly

20. SPECIAL TOPICS AND
POPULATIONS

21. Special Population: Parenting Youth
 What is in place to support them?
 Additional/increased monthly payments
 Shared Responsibility Plans
 ILP geared towards parenting youth
 Encourages continued legislation

22. Special Population: Juvenile Justice Youth
 Probation youth (“wards”) with court order for foster
care placement at age 18 are eligible
 At the time probation ends, youth may be eligible for
new “transition jurisdiction”
 Court may also assume transition jurisdiction upon re-
entry to foster care

23. Where we are Today
Implementation Phase II
 Training, Training, Training
 Getting the Word Out
 Role of Peer Advocate
 Resistance from Professionals
 Confusion re Requirements
 Youth Residing Out of State
 Housing – realizing the full potential

24. Contact Information
Lindsay Elliott, JD, MSW
Children’s Law Center of California
elliottl@clcla.org
www.clcla.org