Family First Preservation and Services Act (FFPSA) Jack F. Trope, Sr. Director, Indian Child Welfare Programs, Casey Family Programs Suzanne M. Garcia, Tribal Law and Child Welfare Specialist, Tribal Law and Policy Institute Andrea Smith, Attorney, Port Gamble S’Klallam NAICJA - October 2018

Today’s Presentation Title IV-E of the Social Security Act (generally) Recent Policy Shifts Family First Prevention Services Act Eligibility Placements QRTPS Kinship Navigator Programs Model Foster Home Licensing Standards Kinds of Services that will be reimbursed Evidence Based Practices Clearinghouse Tribal Provisions in FFPSA Center for Native Child and Family Resiliency Timelines Most Recent Guidance NAICJA - October 2018

Why is ffpsa Important courts & the judiciary? The Act: Recognizes that keeping families together is best Timelines shifting Potential for more services Potential to be creative – weaving services together Judges as champions Tribal/state court forums Internally NAICJA - October 2018

Titles IV-B and IV-E Basic federal child welfare statutes provide core funding for state child welfare systems Partially reimburses costs of staff time, maintenance payments, training, data systems, etc. Reimbursement rate for direct payments for children is based on the Federal Medical Assistance Rate (FMAP), a calculation determined by per capita income rates which for most tribes has been calculated to be 83%; administration and data systems costs are reimbursed at 50%, most training at 75% Establishes requirements for basic elements of child welfare systems Case plans, case review systems, reasonable efforts requirements, Focus traditionally on child health and safety and expedited permanent placements. Criticism: Services are triggered by the need for foster care, rather than the need for services to prevent removal Not enough services to support reunification Not enough time to support lasting reunification NAICJA - October 2018

Trends in child welfare Reasons for removal Neglect – main reason Substance abuse – numbers skyrocketing Many children under age of one year Research shows: There are effective interventions to serve these populations Treating mother and infant together supports wellness for both Costs can be reduced and families kept together if Title IV- E can be used for prevention services **Increasing recognition of prevention & active efforts as best practices** NAICJA - October 2018

Family First Prevention Services Act Option to be reimbursed for prevention/intervention services and programs 12 months limit Begins FY 2020 Eligibility not linked to income levels Eligible services include Mental health Substance abuse In-home parent skill-based programs 50/50 match in FY 2020, increasing to FMAP by FY 2027 (which for most tribes is 83%) Placements – new restrictions in effect 10/1/2019 (unless a request to delay approved) Family Reunification Services –revised Kinship Navigator Program Competitive Grants (2) Regional Partnership Grants (RPG) Foster Care Recruitment Grants NAICJA - October 2018

Prevention and Family Services - Eligibility - A child who is a candidate for foster care who can remain safely at home or in kinship and is identified as being at imminent risk of foster care Includes a child whose adoption or guardianship arrangement is a risk and includes post-reunification services A child in foster care who is pregnant or parenting Parents or kin caregivers where services are needed to prevent the candidate for foster care from entry into care NAICJA - October 2018

Restrictions on placements Children in foster care have the right to be placed in the “least restrictive setting” relative to their needs Beginning October 1, 2019**, only reimbursed when placed in 1 of 6 settings: Family foster homes (including relatives) Placements for pregnant or parenting youth Supervised independent living for youth 18+ Qualified Residential Treatment Programs (QRTP) for youth with treatment needs Specialized placements for victims of sex trafficking Family-based residential treatment facility for substance abuse ** can delay these restrictions, but then can’t take advantage of prevention program NAICJA - October 2018

QRTPs - Qualified Residential Treatment Programs Must have a trauma-informed treatment model and a registered or licensing nursing and other licensed clinical staff onsite Facilitate outreach to the child’s family and include them in the child’s treatment plan Provide discharge planning and family-based aftercare support for at least six months after the child’s discharge Be licensed in accordance with state (or presumably tribal) standards for child-care institutions providing foster care and accredited Conduct an assessment within 30 days of placement by a “qualified individual”; HHS will provide guidance definitions & assessment tool Must assemble a family/permanency team including biological, kin, and appropriate professionals who are a resource to the family/child which must include members selected by the youth 14 or older When QRTP is not appropriate, states have 30 days to transition the child/youth to another placement NAICJA - October 2018

Model Licensing standards – foster family homes Requirement- DHHS must identify “reputable model licensing standards By 4/1/2019 – IV-E agencies must provide HHS with specific information about Whether their standards are consistent If not, why not Whether non-safety standards in relative homes are waived If so, how caseworkers are trained to grant waivers If a formalized process is used to grant waivers to quickly place children with relatives DHHS proposed standards that Apply both to relatives and non-relatives, tribes and states Model Licensing standards – foster family homes NAICJA - October 2018

Family Reunification Title IV-B, Part 2 amended 15-month limitation for a child in foster care removed 15 months of services for children who return home from foster care Changes timelines 12 month rule not necessarily a rule Shift in philosophy Could be helpful in ICWA cases as well NAICJA - October 2018

Kinship Navigator Program Assists grandparent and other relatives who provide care whent children cannot safely stay at home with their parents Starting October 1, 2018, can be reimbursed Programs must be evidence-based One-time grants program funded: If preferred program not evidence-based Tribes accessing IV-E through tribal-state agreements can access these funds only if states pass through part of their allocation NAICJA - October 2018

Evidence-based Practices Requirements apply to prevention programs and services, services provided by QRTPs, kinship navigator programs; Promising: At least one study that used some form of control group (e.g., wait list study, placebo group) to determine effect Supported: At least one study that used a random control or quasi-experimental trial to determine effect Well-Supported: At least two studies that used a random control or quasi-experimental trial to determine outcomes NAICJA - October 2018

Clearinghouse of evidence-based practices HHS issued a request for comments on the development of a Clearinghouse of Evidence- Based Practices (EBPs). The Clearinghouse’s role is to develop criteria for the approval of programs that will be covered by the Family First (FFPSA) legislation, as well as a list of approved programs. Comments were due July 22, 2018; Clearinghouse standards – coming soon NAICJA - October 2018

Tribal Provisions in family first Allow for tribes with a Title IV-E program to include prevention services as part of their plan HHS is required to specify the requirements and performance measures for a tribal prevention services program HHS must allow programs and services adapted to culture and context of tribal communities served NAICJA - October 2018

Tribal Implementation issues – Family First Cultural Adaptations Interpretation of the provision that services and programs adapted to the cultural and context of tribal community shall be permitted Meaning of language How will this be documented/evaluated How broad is this provision Application to direct-funded tribes, tribes with tribal-state agreements Kinship Navigator Grants Strategies for developing “approved” programs Family Spirit program is an approved EBP program Efforts taking place to qualify Positive Indian Parenting The Federal Register request for comments indicates that the Clearinghouse’s charge includes develop criteria on “culturally-specific, or location- or population- based adaptations of practices”. Thus, it appears that the Clearinghouse will be involved in the implementation of the tribal portions of the legislation in addition to its broader role relating to the development of EBPs. NAICJA - October 2018

Tribal Implementation issues – Family First Cultural Adaptations (con’t) Culturally-Based Emerging Evidence Practices Challenges in building evidence for culture-based practices include:  small sample sizes, difficulty in identifying appropriate comparison groups, ethics of conducting studies in communities with high needs, and methodology that is incompatible with cultural values, beliefs, mores, and traditions Utilizing programs developed elsewhere v. culturally adapted programs Different research methods to document effectiveness include the practice- based evidence model which emphasizes local community knowledge Examples of alternative processes include: the SAMSHA National Registry of Evidence-Based Programs and Practices (NREPP) Oregon Tribal Best Practices programs NAICJA - October 2018

Tribal Implementation issues – Family First Cultural Adaptations (con’t) FFPSA provides that: The Secretary shall allow programs adapted to the tribal culture and community Tribal standards must mirror state standards only "to the extent practicable“, The Secretary may waive the strict requirement for a well-supported practice if the Secretary finds the evidence of the effectiveness of the practice to be compelling and the state/tribe has a plan for continually monitoring fidelity to the practice model, outcomes, and how this information will be used to refine and improve services Will these provisions be used to approve alternative criteria for documenting programs reflecting the needs of tribal cultures and communities that take into account all of the reasons why strictly complying with the EBP standard is not "practicable” NAICJA - October 2018

Implementation issues – performance measures Children’s Bureau must develop specific performance measures for tribes Must be consistent with states to extent practicable Must allow consideration of factors unique to the provision of services by tribes Types of measures applicable to states include percentage of candidates for foster care that do not enter foster care and the cost per child of the services NAICJA - October 2018

Impact on icwa – active efforts More resources available to states Adjustment to time limit for reunification services under Title IV-B, Part 2 – 15 month time limit now runs from date of reunification; no time limit applies to reunification efforts NAICJA - October 2018

Opportunity for tribes not currently accessing title IV-E Contracting with States to access Family First services only may be an easier entrée into Title IV-E No eligibility determinations required No time study or cost allocation methodology required Focus on prevention services to keep families together Title IV-E requires states to negotiate Title IV-E agreements with tribes that request to access all or part of the program NAICJA - October 2018

FFSPA Timeline 2/9/18 – Enacted 4/12/18 – Information Memorandum (IM) ACYF- CB-IM-18-02 published – basic information; 5/31/18 - Program Instruction ACYF-CB-PI-18-06 published – changes to IV-b and to Chafee programs; 6/22/18 – Federal Register notice requesting public comment on prevention services review and eligibility criteria and prospective services to be reviewed; 7/9/2018 – PI ACYF-CB-PI-18-07 published (Amended Title IV-E Foster Care, Prevention, and Permanency Program plan requirements); 7/2018 – 8/2018 – Listening sessions Tribal Consultation 8/1/2018 – Federal Register notice requesting public comment on model licensing standards published; 10/1/2018 – Update communication from Acting Commissioner Jerry Milner FFSPA Timeline NAICJA - October 2018

OCTOBER 1, 2018 CORRESPONDENCE MAIN TAKEAWAYS CB is not issuing regulations at this time Going to provide guidance through Program Instructions and Information Memoranda Late fall: will release additional guidance on the prevention services components of the FFPSA, including Review criteria and process that will be use to include programs and interventions in the clearinghouse. Will address the public comments and questions received National Association of American Indian Court Judges, October 2018

MAIN TAKEAWAYS (con’t) Certification of Intent to request delay of congregate care requirements: The certification due 11/9/2018 is non-binding and is being used to understand budget and TA decisions Deadline to make final decision about delaying implementation of those requirements is 9/29/2019 Emphasized shift towards prevention 4 main takeaways National Association of American Indian Court Judges, October 2018

For further information Jack F. Trope Senior Director – ICWP jtrope@casey.org Suzanne M. Garcia Tribal Law Specialist - TLPI Suzanne@tlpi.org Andrea Smith CFS Attorney – PGST andreas@pgst.nsn.us