1. Foster Care to 21 Carl E. Ayers, MSW
Director, Division of Family Services
Virginia Department of Social Services

2. 2014 Appropriation Act
Chapter 2, Item 334, Section G.1 directed DSS to submit a plan for extending foster care maintenance and adoption assistance payments up to 21 years of age
This authority is provided by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008
The plan is due to the General Assembly by October 15, 2014
Must include the following items
Six year projection of the fiscal impact associated with the DSS, CSA and LDSS
Review of all necessary statutory, regulatory and administrative changes that are required by federal law
Draft of any necessary legislative and regulatory changes
Draft of any necessary amendments to the Title IV-E State Plan
Outline of the impact on other child welfare services
Assessment of any impact on children and families

3. Why the Change is Needed
Shift in the population at large
The age of independence is moving further into adulthood, well beyond the age of 18
Negative outcomes for children exiting foster care, including higher rates of:
Unemployment
Homelessness
Early parenting
Dependence on public assistance
Lack of secondary and postsecondary education
Involvement with the criminal justice system
The states which have implemented FC to 21 are showing progress in these factors. For example, Illinois found that each year a foster care child continued in foster care past the age of 21, the youth’s wages increased by 2.8% or 8.4% for those remaining until 21

4. Basic Requirements Age 18 up to their 21st birthday
Must “age out” of foster care or leave a DJJ facility after age 18
The DJJ participants must have been in foster care immediately prior to their placement in DJJ
Sign a Voluntary Services Agreement

5. Basic Case Management Requirements
Visit with the participant at least monthly
Develop a joint service plan which addresses permanency and family connections
Continue requests with the local Family Assessment and Planning Team for services

6. Decision Point – Eligibility Criteria
The youth must meet one of these five criteria:
Completing secondary education or in a GED program
Enrolled in college or a vocational program
Attending classes to promote employment or remove barriers to employment
Working at least 80 hours per month
Unable to meet one of the four conditions above due to a documented medical reason

7. Decision Point – Court Approval and Reviews
Within 45-days of the participant entering into a Voluntary Services Agreement, the court must approve the agreement
Subsequent reviews are not required by the court; however, the court may choose to continue reviews or the local agency can complete the reviews through the existing Administrative Panel Review process

8. Decision Point - Residency
The youth must reside in Virginia or a state bordering Virginia – contiguous states
Kentucky
Maryland
North Carolina
Tennessee
Washington DC
West Virginia

9. Decision Point – DJJ Eligibility
Youth age 18 to 21 who were in the custody of a local board immediately prior to their commitment to DJJ are eligible
They must still meet one of the five eligibility criteria listed on slide 6

10. Decision Point – Living Situations
Participants may reside in a Supervised Independent Living setting. These settings include:
On their own
With their spouse
In a college dormitory
With a family or extended family member
In a foster family home
In a supervised independent living setting
Military reserves

11. Decision Point – Living Situations
Placements not allowed
Group Homes
Residential facilities
Active Military

12. Decision Point – “Restoration”
Participants have the option to leave the program at any point between their 18th and 21st birthdays
Participants may sign a new voluntary services agreement at any time prior to their 21st birthday provided they meet one of the requirements as set out in slide 6

13. Adoption Assistance
Any child who is adopted at age 16 or older shall continue to receive adoption assistance up to the age of 21

14. Decision Point – Title IV-E Determination (Financial)
All program participants will be required to sign a voluntary services agreement as of their 18th birthday
Upon signing this agreement, eligibility will be determined based on the income and resources of the participant, not their family
This is expected to result in 75% of the participants receiving federal assistance compared to less than 50% of those under age 18

15. Key Contributors Youth in Foster Care Former Foster Youth DFS Staff
DSS Finance
Office of Comprehensive Services
Jim Casey Youth Opportunities Initiative
Mainspring Consulting
BJ Zarris
Suzanne Fountain
Court Improvement Program
DJJ – CASA
Great Expectations
VOICES for Virginia’s Children
Virginia Poverty Law Center
FACES of Virginia Families
Private Providers