ADVOCACY FOR OLDER FOSTER YOUTH February 24, 2004 Kimberly Preston, Staff Attorney Legal Aid Society of the Orange County Bar Association

National Independent Living Association Statistics  25,000 young people leave foster care annually;  50% complete high school;  13% go onto college or vocational school;  52% are unemployed;

National Independent Living Association Statistics  25% will be homeless for one or more nights;  40% of females and 20% of males are on public assistance;  40% of females become pregnant or are parenting one or more child;  30% were arrested or incarcerated ;

Congress Takes Action 1985 Congress Passes the Federal Independent Living Initiative Provides funding to the states for foster kids age 16 and over Provides older foster youth with independent living services and skills training to prevent homelessness, joblessness, etc

Congress Amends Law 1999 Congress amends Federal Independent Living Initiative through the Foster Care Independence Act of 1999 (42 U.S.C. 677) Known as the Chafee Act Doubles the amount of Annual Federal Funds to the states Florida’s Current Allotment is Approximately $10 Million Dollars

Chafee Act Provides flexible funding to the states ID kids who are likely to remain in foster care until age 18; Help these children make transition to adulthood; Education, training, and services necessary for employment Prepare for and enter post secondary education; Personal and emotional support Mentors Financial, housing, counseling Complement self sufficiency efforts Vouchers for education and training

Chafee Act State must apply to HHS for funds State plan must meet federal requirements specified in act Ensure program serves children at various stages of achieving independence State must use objective criteria for benefit eligibility

Chafee Requirements Numerous Certifications by State CEO (Secretary of DCF) Specifications on how money will be spent Coordination with other state and federal programs to avoid double dipping Foster youth participation in designing their plan and program activities Services included in case plan (GET CITE)

Chafee Requirements State educational training programs based on # of children in foster care; State may use Chafee $ in “any manner that is reasonably calculated to accomplish the purposes of the Act” Funds are available for 2 year period (unused $ goes to other states)

Chafee Act Penalties for misuse of funds or failure to report to HHS (1%-5% of allotment) HHS developed outcome measures for state progress (homelessness rate, non-marital birth rate, welfare, incarceration) HHS to conduct state evaluations $140 million nationwide Additional $60 million for educational vouchers

Florida’s Piece of the Federal Pie DCF Applied for Chafee Funds for the five year period ( ) In October 2002, Florida eliminated, “Extended Foster Care” and Implements the “Road to Independence Act”

Road To Independence Act Fla. Stat. Sec (2002 ) Establishes a system of Independent Living Transition Services through DCF (Agents) Enables older foster children who exit system at 18 to make transition to self sufficiency as adults

Goals for Transition Services Under Road to Independence Act Young adults formerly in foster care obtain life skills and education for independent living and employment Have quality of life appropriate for their age Assume personal responsibility for becoming self-sufficient adults

Florida’s Road To Independence Act ( Fl. Stat. 2002) State or federal funds shall establish a “continuum of services for eligible children in foster care and those who have “aged out” Independent living transition services are not an alternative to adoption for foster kids.

Eligibility for Benefits Road to Independence Act Current foster children Ages Who meet eligibility requirements of RTI and DCF Rule Young adults who were in foster care when they reached their 18 th bday Ages Meet eligibility req’ts of RTI and DCF Rule

Independent Living Services for Foster Children age under The Road to Independence Act Pre- Independent Living Services (13-15) Includes but is not limited to life skills training, educational field trips, and conferences. (Fla. Stat (3)(a). Specific services to be provided are determined using a pre-independent living assessment.

Independent Living Services for Foster Children age under The Road to Independence Act Life Skills Services (15-18) Includes but is not limited to independent living skills training, educational support, employment training, and counseling; (Fl. Stat (3)(b) Specific skill services to be determined by independent life skills assessment

Independent Living Services for Foster Children under RTI Act Subsidized Independent Living Services Living arrangements that allow child to live independent of the daily care and supervision of adult in licensed facility/home Subsidy payment amount established by DCF may be paid directly to a child under caseworker or other adult supervision.

Eligibility Requirements for Subsidized Independent Living Adjudicated Dependent under Ch. 39; Has been placed in out of home care for at least 6 months prior to SIL; Permanency goal of adoption, independent living or long-term licensed care; and Able to demonstrate independent living skills as determined by the department using established procedures and assessments

Subsidized Independent Living Must be part of overall plan leading to total independence of child from DCF supervision Plan must include description of skills of the child and plan for developing additional skills A plan for future educational, vocational, and training skills

Subsidized Independent Living Description of present financial and budgeting capabilities and plan for improving financial situation; A description of the proposed residence; Documentation that child understands specific consequences of conduct in the independent living program Documentation of proposed services to be provided by the department and plan for developing and maintaining relationships with family, adults, community as appropriate

Participation in Life Skills Under RTI (13-18) Program must provide foster kids with opportunities to participate in and learn from age appropriate life skills in their foster families and communities such as money management, driver’s ed, after school activities DCF may provide training to foster parents, staff to support this Opportunities to interact with mentors Develop and implement procedures to assist foster children with money management of their allowance

Services Available for Former Foster Youth Under RTI Aftercare Support Services Road to Independence Scholarship Transitional Support Services

Aftercare Services (18-23) Mentoring Tutoring Mental health services Substance abuse counseling Life skills classes Parenting classes Job skills training Temporary financial assistance may be provided to prevent homelessness District 7 limits this to $1000 annually

Road to Independence Scholarship Program (18-23) Intended to help former foster children receive educational and vocational training necessary to achieve independence Amount of award equal to 40 hr week at minimum wage ($892), after considering other grants and scholarships that are in excess of fees and costs (if funds available) Students may also be eligible for fee waivers

RTI Scholarship Eligibility Initial Award Renewal Award Up to 23

RTI Scholarship Eligibility Dependent child living in foster care or SIL at time of 18 th b-day; Spent at least 6 months in foster care Florida resident for more than 1 year Has either: Earned HS diploma or GED and admitted for FT postsecondary educational institution; FT in HS w/i 2 years of graduation with 2.0 out of 4.0 for 2 semesters; FT adult education to get HS diploma or GED

RTI Scholarship DCF must advertise availability of program Foster child must apply 6 months before 18 th b-day (can make initial app until 21) Award follows student who transfers Awards are in addition to other services by department (aftercare & transitional services

RTI Scholarship Scholarship terminates at first of bachelor degree or 23 rd b-day Renewal awards annually FT = 12 credit hours except for disabled under If become disqualified, can apply for reinstatement one time

RTI Scholarship Educational fee waivers for postsecondary programs, community colleges and universities (Fla.Stat (2)(c ) Medicaid Coverage until 21 years of age

Transitional Support Services Can be in addition to aftercare or RTI Scholarship Available from Services must be critical to young adult’s efforts to achieve self- sufficiency Short term services including; financial, housing, counseling, employment, education and other services that are critical to self- sufficiency

Appeals Process Statute requires appellate rules Statute requires appellate procedures NONE TO DATE