1 Fostering Connections After 18: Benefits Essentials Version 1.0, April 17, 2012.

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Presentation transcript:

1 Fostering Connections After 18: Benefits Essentials Version 1.0, April 17, 2012

2 Goals for the Training In this training we will cover:  Eligibility requirements for AB12  The primary benefits associated with AB12

3 Values  Voice of Young Adults  Assistance and Partnering  Love and Belonging  Unique Needs  Eligibility is Maintained  Development is Supported

4 Eligibility Basics  Open court case with out-of-home placement at age 18  Satisfy at least 1 of 5 participation requirements  Meet with Social Worker and update TILCP  Attend court or administrative review every 6 months  Live in a licensed/approved setting

5 Kin-GAP, AAP and Guardianship  Extended benefits also available to: Youth who entered Kin-GAP or AAP at age 16 or older Youth with disabilities who entered Kin-GAP or AAP at any age

6 Phase-in Timeline 2012 Youth can remain in foster care and receive benefits up to 19 years old Youth can remain in foster care and receive benefits up to 20 years old The final extension to 21 years old is subject to benefit appropriation by the state Legislature. NOTE: The phase-in does not impact youth who turn 18 on or after January 1, These youth are eligible to participate in extended foster care until age 20 (or 21) as long as all program eligibility criteria are met.

7 Youth Who Turned 18 in 2011  Youth who turned 18 in 2011 are eligible IF There was a placement order on the youth’s 18 th birthday AND The placement order was in effect on 1/1/12  The youth is eligible until he or she turns 19 (and then will be eligible for re-entry in 2013 until he or she turns 20)

8 Participation Conditions  Be enrolled in high school  Be enrolled in college/vocational school  Work at least 80 hours/month  Participate in a program/activity that removes barriers to employment  Be unable to do one of the above

9 High School Completion Rule  No more high school completion rule for youth in extended foster care  No more high school completion rule for youth in group homes  High school completion rule still exists for certain groups that do not have access to extended benefits (e.g., Kin-GAP youth who entered prior to age 16 and probate court NRLG youth)

10 Licensed/Approved Placement  Traditional placement options still available  Limitations on group home placement  2 NEW Placement Options: THP-Plus Foster Care Supervised Independent Living (SILP)

11 Pregnant & Parenting Youth  Pregnant and parenting youth are eligible  Benefit Payment In a SILP In other settings

12 Youth who want to opt-out  Hearing (WIC 391) must be held prior to terminating jurisdiction (and assistance)  Eligibility for assistance does not end until the youth turns 20 (or 21), but aid can be suspended at youth’s request or if the court finds the youth is not meeting participation requirements

13 Re-entry  Youth can re-enter unlimited times prior to turning 20/ 21 yrs old.  Youth must be informed of right to reentry at termination hearing  Re-entry process is intended to be as accessible and easy as possible  Beginning date of aid is date NMD signs re-entry agreement AND is living in an eligible placement

14 Extended Foster Care Benefits  The same benefit rates apply  New rates established for THP- Plus FC  SILP is limited to basic AFDC-FC rate  Wraparound services available

15 Eligibility for Foster Care Benefits Must Meet  Categorical requirements  Conditions of removal from the home  Financial eligibility

16 AFDC-FC: What Do They Get?  Monthly cash benefit paid on a per-child basis  Full scope Medi-Cal, no share of cost  Other funded services/allowances

17 Re-Entry and Youth’s Income  For non-minor dependent youth re-entering foster care:  A new qualification for foster care benefits is needed  Qualification is based solely on the youth’s income and property  New documentation is needed

18 Specialized Care Increment  County supplement to the basic rate  County creates its own policy on eligibility and amount  Most counties provide specialized care increment  Specialized Care Increments are not available to youth in a SILP, group home or FFA  Based on the county of residence

19 Dual Agency Rate  Non-minor dependent youth who receive AFDC-FC benefits and who are also regional center clients are eligible for Dual Agency rate

20 Eligibility for CalWORKs Benefits Must meet requirements:  Income guidelines  Living in the home of a “caretaker relative”  Age requirements  Immigration status  Deprivation

21 CalWORKs: Who Gets It?  Relatives caring for a non-minor dependent youth who is in foster care who does not qualify for Title IV-E foster care benefits

22 CalWORKs: What Do they Get?  Cash benefit  Medi-Cal

23 Documenting Eligibility  Complete SOC 161  Document efforts to assist youth to maintain eligibility  Include services in TILP to ensure participation in eligibility requirements, including a back-up plan  Engage youth in collaborative case planning

24 Mutual Agreement  Must be signed within 6 months of youth turning 18 (not a condition of payment)  Documents youth’s willingness participate  Documents agency’s responsibility to the youth

25 Documenting Eligibility  A copy of the Certification Form (SOC 161) kept in the EW’s file  A copy of the participation documentation kept in the EW’s file

26 6 Month Certification of Extended Foster Care Participation Form (SOC 161)

27 Resolving Disputes  Team Decision Making meetings, Emancipation Conferences and mediation  Fair hearing process regarding Amount of the benefit Termination of benefits Denial of federal eligibility (ie: for youth placed with relatives)  The juvenile court will resolve disputes about the youth’s placement and sufficient participation

28  Youth started receiving Kin-GAP payments at 16 or older and who meet participation conditions are eligible  Youth with disabilities are eligible until age 21 no matter what age they entered guardianship  Benefits go to age 19 in 2012 and age 20 in 2013  No re-entry in 2013 for youth who turn 19 in 2012 Eligibility for Extended Kin-GAP

29 Kin-GAP Changes  Guardianship Study Requirements  Youth only has to be residing with the relative for 6 months prior to entering guardianship  Kin-GAP benefits are determined and adjusted based on changed needs pursuant to a negotiated agreement  Kin-GAP can be paid out of state

30 Kin-GAP – What do they get?  Rate is negotiated between the relative guardian and the county or Indian tribe  Can include specialized care increment  The infant supplement or “whole family home” rates apply if the youth is parenting  If the youth is a regional center consumer, the dual agency rates apply

31 Other Benefits Related to Kin-GAP  Clothing Allowance  Medi-Cal  ILP services  Education and training vouchers (only for youth whose Kin-GAP payments started after age 16)  Reimbursement of non-recurring costs associated with guardianship – up to $2,000

32 Extended Kin-GAP Requirements  Mutual Agreement is a condition of payment  Guardian must request extension of Kin-GAP after age 18  Guardian must provide documentation of the youth’s participation in one of the 5 conditions  Kin-GAP payments can only be made to the guardian  Youth can live elsewhere as long as the guardian remains financially responsible

33 Youth with Non-Related Legal Guardians  Eligible for extended benefits up to age 20 if the guardianship was established in juvenile court  Does not matter how old the youth was when the guardianship was established  Benefits go to age 19 in 2012 and age 20 in 2013

34 Youth with NRLG Requirements  Mutual Agreement is a condition of payment  Guardian must request extension of payment after age 18 and provide verification that youth is meeting one of the 5 participation conditions  Payment made only to guardian  Youth may live elsewhere as long as the guardian remains financially responsible

35 Eligibility for Extended AAP Benefits  Youth whose initial AAP agreements were signed at 16 or older who meet participation conditions are eligible  Continues if the family moves to another state  Can continue if child is adopted after death of adoptive parents  Youth with disabilities are eligible until age 21 no matter what age they were adopted

36 AAP – What Do They Get?  Rate is negotiated in a written adoption assistance agreement  Can include specialized care increment  Can include residential care or Wrap Around services

37 Extended AAP Requirements  Mutual Agreement is a condition of payment  Adoptive parent must request extension after age 18 and provide verification that the youth is participating in one of the 5 conditions  AAP payments only go to adoptive parent  Youth may live elsewhere as long as the adoptive parent remains financially responsible

38 Eligibility for SSI/SSP Benefits  Little or no income (parental income is not counted for youth in out-of- home care)  Few or no resources  Citizen or qualified non-citizen  Disabled (must be reviewed 1 month prior to 18 th birthday)

39 SSI/SSP – What Do They Get?  Monthly cash benefit  Medi-Cal  Offset rules for concurrent receipt of SSI and other assistance (AFDC-FC, AAP, Kin-GAP)

40 County Management of SSI Benefits  Maintain accounts  Help youth in become payee or find a new payee before emancipation  Inform youth of eligibility and how to maintain eligibility as an adult  Maintain SSI eligibility for youth in extended care who are eligible for a higher foster care rate that offsets the SSI

41 SSI and Transition Age Youth  Higher monthly cash assistance rate  May qualify youth for permanent affordable housing and education assistance  Can work part-time and still get SSI  Programs to help work without losing eligibility  Can get scholarships and SSI

42 SSI and Non-Minor Dependent Youth  Goal is to have SSI eligibility established at around the time the youth turns 18  Ensuring SSI is in place provides youth maximum flexibility and choice among benefits and supports  Maintain SSI eligibility if youth receives federal foster care in excess of SSI

43 Non-Minor Dependent Youth and SSI  Assist with applications for permanent affordable housing  Explore SSI programs designed to help individuals work or pursue their education Ticket to Work Plan to Achieve Self Sufficiency Student Earned Income Exclusion

44 EFC Requirements for Youth Receiving SSI  Youth in EFC who receive SSI must meet all the same requirements as other youth in EFC: Sign a mutual agreement within 6 months (not a condition of payment) Participate in court and administrative review hearings Visit with the social worker or probation officer monthly Participate in a TILP Meet one of the 5 participation requirements

45 Additional Benefits  FCIA Chafee Independent Living Plans and Services Resource limit: $10,000 Transitional Medi- Cal Education and Training Vouchers

46 Weighing the Benefit  Level of need  Youth willingness  Need for flexibility  Permanency plan  Special needs  Family situation  Services available in addition to benefit  Portability

47 My Action Plan