AB12 PowerPoint - Edgewood Center for Children and Families

Report
BREAKOUT SESSION 1:
Understanding Eligibility and
Benefits for Transition Aged Youth
Basics of Eligibility for AFDC-FC
(Foster Care Benefits)
AFDC-FC: Basic Eligibility

Categorical requirements of the child

Age, residency, immigration status, deprivation

Conditions of removal from the home
and placement

Financial eligibility
Categorical Requirements: What
does the child look like?

Age:





Resides in California or under jurisdiction of CA
dependency court
Immigration status


Under 19 (beginning January 1, 2012)
Under 20 (beginning January 1, 2013)
Youth 18 – 20 must meet additional eligibility requirements (more
later)
US citizen, qualified immigrant, PRUCOL*
Deprived of parental support by virtue of being in foster
care


Federal: Death, incapacity, absence, unemployment of parent
State: Deprived of parental support
Condition of Removal from Home

Prior to Age 18

Court Order/Judicial Determination




Voluntary Placement Agreement (VPA)




Continuing to live in the home would be contrary to welfare of
the child; and
Reasonable efforts made to keep child in the home
Placement and care vested with county agency
Limited to 180 days under federal and state law
Return to home, file petition to maintain federal or state
eligibility, or refer to adoption agency
Given up for adoption, or parental rights terminated
Living with a non-related legal guardian (state-only)
Placement
Child (under 18) must be placed in an approved
or licensed facility/home:








Approved home of a relative (federal foster care)
Approved home of a non-relative extended family member
Licensed family foster home
Certified home of a licensed foster family agency (FFA)
(includes ITFC)
Living with non-related legal guardian (state foster care)
THPP
Tribal home
Licensed group home
Financial Eligibility:
Federal AFDC-FC -- Linkage Rule
Meet the 1996 AFDC criteria in the home of
removal

in the month the petition is filed
OR

in any of the 6 months prior to the month the
petition is filed.
Federal AFDC-Linkage Test (cont.)

Once linkage met, does not have to be
established again while child remains in
foster care.



If remaining in care – no new linkage required
No new documentation required for youth
continuing in care
For non-minor dependents re-entering foster
care


New link is established based on youth’s income
and property only
New documentation for youth reentering
AFDC-FC: What Do They Get?

Monthly cash benefit paid on a per-child
basis

Can be paid to NMD directly if the NMD is
living in a SILP (more later)

Full scope Medi-Cal, no share of cost

Other funded services/allowances as
applicable

County clothing allowance (if provided), infant
supplement
AFDC-FC: Monthly Cash Benefit

Foster Family Homes/ relatives/NRLG NREFM:



Foster Family Agencies:



Basic rate: $621 (for ages 0 – 3) up to $776 (15 and older)
Specialized Care Increments: Range of rates varies by county
Non-Treatment: $373 (for ages 0 – 3) up to $522 (15 and
older)
Treatment: $1430 (for ages 0 – 3) up to $1679 (15 and older)
Intensive Treatment Foster Care: $2687 - $ 4028 (based on
level of need)


Undergoing a rate restructure process
Group Homes: $ 2,159 - $9,146 (based on level of need)
Rates are Per Child!
Specialized Care Increments

County supplement to the basic rate for the caring for
children with medical or emotional/behavioral needs.

County creates its own policy on how child qualifies and
the increment amounts. CDSS must approve the plan.

Most counties provide specialized care increment
(except: Modoc, Plumas and Sierra)

Specialized Care Increments are only available to youth
in a foster family homes, the approved home of a relative
caregiver, NREFM and NRLG

Group homes, FFAs, THPP, THP-Plus FC, and SILPs do
not qualify for specialized care increment
AFDC-FC: Regional Center Clients

Youth who receive AFDC-FC benefits and who are also regional
center clients are eligible for a higher level of cash benefits called
Dual Agency Rate.


Dual Agency Basic Rate: $2006 per month
Dual Agency Supplement to the Rate – Based on extraordinary
care and supervision: increments of $250 up to $1000

Early Start Intervention (ages 0-3): $898

Regional Centers must purchase or secure services in the child’s
IPP or IFSP

NMDs qualify for dual agency rate
AFDC-FC (Federal or State):
When Does It End?

Beginning January 1, 2012: AFDC-FC
available up to age 19

Beginning January 1, 2013: AFDC-FC
available up to age 20

Final extension to age 21 subject to
legislative approval and cannot happen
before January 1, 2014
High School Completion Rule and
AB 12

As of January 1, 2012 – there is no more high school
completion rule for NMDs participating in extended
foster care

No more high school completion rule for youth in
group homes


Remaining in group home after age 18 matter of educational
stability
High school completion rule still exists for certain
groups that do not have access to extended benefits


KinGAP youth who entered KinGAP prior to age 16
Youth with non-related legal guardianships created in
probate court
Eligibility for Extended Foster
Care Benefits (Ages 18 – 20)
Eligibility Basics for Extended Foster
Care Benefits

Extended benefits available to youth (non-minor
dependents or “NMDs”) who, at the time they turn 18:






Has an open juvenile court case at age 18
Satisfy at least 1 of 5 participation requirements,
Meet with Social Worker and update TILCP/TILP
Court or administrative review every 6 months
Live in a licensed/approved supervised setting
Extended benefits also available to:


Youth with a Non-Related Legal Guardian created in juvenile court
(regardless of age of youth when guardianship is created)
Youth who entered Kin-GAP or AAP at age 16 or older.
Phase-In: Who is eligible for extended
foster care?

Youth under age 19 as of January 1, 2012
who have an open case. This includes:



All youth who turn 18 on or after January 1, 2012
Youth who turn 18 during 2011 AND meet the
current eligibility requirements (such as the high
school completion rule)
Youth who turn 18 during 2011 who do not meet
the high school completion rule provided the court
retains jurisdiction
What Must a NMD Do to Receive
Benefits – Participation Conditions

Participation Conditions: Must satisfy 1 of 5 as
documented in the youth’s TILP






Be enrolled in high school or equivalent program
Be enrolled in college/vocational school
Work at least 80 hours/month
Participate in a program/activity that helps you find a job or
removes barriers to employment (like substance abuse treatment)
Be unable to do one of the above because of a medical or mental
health condition
Six-Month Certification of Participation completed by
social worker. (SOC 161 – available online)
Licensed/Approved Placement

Traditional placement options still available



New licensing rules/approval standards
Shared Living Agreement
2 NEW Placement Options for NMDs:


THP-Plus Foster Care
Supervised Independent Living (SILP)
Extended Foster Care Benefits – What
Do They Get?

The same benefit rates apply - NMDs eligible
for the same rate they received in that setting
as a minor

New statewide rates established for THP-Plus
FC

SILP is limited to basic AFDC-FC rate

Wraparound services available for NMDs
What about youth who want to optout?

Eligibility for assistance does not end until the youth turns 20 (or
21), but aid is suspended when the NMD no longer resides in an
eligible facility or after the court terminates dependency
jurisdiction – may be resumed at request of NMD

Hearing (WIC 391) must be held prior to terminating jurisdiction
(and assistance) and court must inform youth of:
 Right to remain in care
 Benefits of remaining in care
 Right to reenter care if under the age limits

General jurisdiction for reentry taken if the court terminates
dependency/delinquency jurisdiction
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
Benefits for Pregnant & Parenting
Youth
Pregnant and parenting youth are eligible
Benefit Payment





In a SILP, the parenting NMD can receive the foster
care payment directly, which includes the Infant
Supplement.
For parenting NMD’s in licensed/approved facilities,
the Infant Supplement is paid to the provider.
Whole Family Foster Homes, as FFH’s, relatives.
FFA’s or THP+FC host family homes, are also
eligible for the $200 Shared Responsibility Plan
payment.
Process to Establish and Maintain
Eligibility for Extended Foster Care
Benefits
Role of Social Worker/Probation
Officer Regarding Eligibility





Affirmative obligation to ensure that NMDs who want
to participate maintain eligibility
In order to terminate dependency, must establish in
juvenile court that the social worker/probation officer
made reasonable efforts to ensure participation
Services in TILP to ensure meaningful participation
in eligibility requirements, including a back-up plan
All case planning should be collaborative with young
adult
Goals are increasing levels of responsibility
Mutual Agreement

Not a condition of payment – but must be signed within 6 months of NMD
turning 18

Mutual Agreement documents youth’s willingness to:





Remain in a “supervised placement,”
Report changes relevant to eligibility and placement, and
Work with the Agency on the implementation of the TILP participation
activities
Participate in 6 month review hearings
Mutual Agreement documents agency’s responsibility to:






Help NMD develop and achieve goals
Review and update TILP every 6 months
Help NMD remain eligible for extended foster care by responding to problems
the NMD has identified and connecting NMD to supports and services
Help NMD and caregiver develop Shared Living Agreement
Ensure NMD has Medi-Cal card or other health insurance
Provide NMD with contact information for his/her attorney
Role of Eligibility Worker

A copy of the Certification Form shall be filed
in the EW’s maintenance case

CDSS strongly recommends that a copy of
the participation documentation be kept in the
EW’s file for audit purposes

Perform normal duties for changes of
placement calculate OP/UP’s, rate
adjustments, annual redeterminations
6 Month
Certification of
Extended Foster
Care
Participation
Form
Other Benefits for Transition
Age Youth
CalWORKs: Basic Eligibility for Youth in
Foster Care

Relatives caring for a youth who is in foster
care that does not qualify for Title IV-E foster
care benefits

This includes relatives who have a non-minor
dependents placed in their home

NOTE: The non-minor dependent could live with
the relative in a SILP and receive state-only
AFDC-FC or if over 16 the relative can become
the guardian and get the higher per child Kin GAP
extended benefits.
CalWORKs: What Do they Get?
REGION 1
REGION 2
AU Size
MAP Exempt
MAP NonExempt
AU Size
MAP Exempt
MAP NonExempt
1
351
317
1
334
300
2
577
516
2
550
490
3
714
638
3
681
608
4
849
762
4
809
725
5
966
866
5
923
825
6
1086
972
6
1035
926
7
1192
1069
7
1137
1016
8
1301
1164
8
1239
1109
9
1405
1258
9
1340
1198
10
1510
1351
10
1439
1286
10+
1510
1351
10+
1439
1286
Payment Decreases Per Child!
Kinship Guardianship Assistance
Payment Program (Kin-GAP)



Kin-GAP is California’s Kinship Guardianship
Assistance Payment program – it has been available
since January 1, 2000
Goal to enhance family preservation and stability to
allow youth to exit foster care to guardianship with a
relative caregiver without loss of funding
Program was expanded in 2006 to include:



Probation youth
Allow youth to receive Specialized Care Increment and
clothing allowance as part of Kin-GAP benefit
Conversion of the old Kin-GAP program began
January 1, 2011 due to AB 12
Kin-GAP: Basic Eligibility
Child:

Has been adjudged a dependent or ward pursuant to WIC § 300 or 602 or
after 6 months of voluntary placement, court ordered guardianship per 360

Child must be citizen, legal permanent resident, or other qualified immigrant

Living with same approved relative at least 6 continuous months

Relative appointed as guardian by juvenile court

Relative guardian and child welfare agency (or probation or tribe) enter into
a written, signed negotiated agreement setting forth the amount of the KinGAP payment and any other services
Dependency/delinquencycase dismissed by the court after January 1, 2000

AND

Have dependency/delinquency case dismissed after (or at the same time
as) the court appoints the relative as guardian
What must the county do before the
Kin-GAP guardianship is finalized?

County Agency Must Document in Guardianship
Study




Being returned home or placed for adoption are not
appropriate permanency options for the child (the court
must make this finding)
The child demonstrates a strong attachment to the
prospective relative guardian
The relative guardian has a strong commitment to caring
permanently for the child
The child who has attained 12 years of age has been
consulted regarding the kinship guardianship arrangement.
Kin-GAP – What do they get?

Negotiation between the relative guardian and the county child
welfare agency, probation department or Indian tribe
 Cannot exceed what the child would have received in a foster
family home, including any applicable specialized care increment

The maximum Kin-GAP payment varies depending on the date
the Kin-GAP guardianship was established

Set forth in an written agreement that can be adjusted
periodically, as the needs of the child change

If the youth is a parent of a child placed in the same home, the
infant supplement or “whole family foster home” rates apply

If the youth is a regional center consumer, the dual agency rates
apply
Kin-GAP – When does it end?

Age Limits




Age 18 if entered Kin-GAP prior to turning 16 and no physical mental
disability or up to age 19 if completing high school
Age 21 – regardless of when the child entered Kin-GAP IF the child
has mental or physical handicaps that warrant continuation
Age 19 (beginning Jan. 1 2012) - or - Age 20 (beginning Jan. 1
2013) – for ALL youth who entered Kin-GAP at age 16 or older and
meets one of the five participation conditions
 NOTE: Youth converted into the federal Kin-GAP program at
age 16 or older qualify until age 20 (or 21) even if they initially
entered Kin-GAP before age 16
Other factors

Continues if the family moves to another state
Other Benefits for Relatives/Youth
Participating in Kin-GAP


County Clothing Allowance
Medi-Cal




And Medicaid continues if the guardian/youth move out of
state IF the youth is federally-eligible
ILP services (regardless of what age the youth was
when he/she entered Kin-GAP)
Education and training vouchers (if the youth
entered Kin-GAP after age 16)
Reimbursement of non-recurring costs associated
with guardianship – up to $2,000
Kin-GAP Conversion






All prior Kin-GAP cases are being converted to the new program(s)
Conversion happens at annual redetermination (can request earlier
conversion)
Conversion is intended to be seamless
County to assess special needs of youth to determine if SCI is
appropriate (even if it wasn’t part of the Kin-GAP benefit previously)
County is to meet with relative in person or over the phone to
negotiate new Kin-GAP benefit – right to administrative hearing if
relative does not agree with the outcome of this negotiation
Converted into either the new federal program or the new state
program – depending on if the youth was federally-eligible while in
foster care
 May affect whether youth can receive benefits past age 18
 May affect eligibility for Medicaid if you move out of state
AAP: Basic Eligibility

“Special needs”
AND

Written and signed AAP agreement with state
stipulating amount of AAP entered into
before the adoption is finalized (no means
test)
AAP: Basic Eligibility (con’t)
AND one of the following:





Subject of an independent OR agency adoption
and meets SSI requirements – OR Subject of an agency adoption and under
supervision of county welfare department – OR Subject of an agency adoption and would have
been at risk of dependency – OR Subject of an agency adoption and committed to
care of dep’t pursuant to Family Code § 8805 or
§ 8918
AAP: What Do They Get?

Medicaid

Monthly Benefit

Amount of Adoption Assistance negotiated in a written
adoption assistance agreement (no means test)

Cannot exceed the amount that the child would have
received if in a licensed or approved family home (includes
specialized care rate, ARM rate, dual agency rate)



The maximum AAP payment varies depending on the date of
the initial adoption assistance agreement.
Can include specialized care increment
Residential care or Wrap Around services
AAP: When Does it End?

Eligibility by Age




Age 18 if entered AAP prior to turning 16 and no physical mental
disability
Age 21 – regardless of when the child entered AAP IF the child
has mental or physical handicaps that warrant continuation
Age 19 (beginning Jan. 1 2012) or Age 20 (beginning Jan. 1
2013) – if entered AAP at age 16 or older and meets one of the
five participation conditions
Other Considerations

Continues if the family moves to another state

Can continue if child is adopted after death of adoptive parents
SSI/SSP: Basic Eligibility

Little or no income (no deeming for children
that do not live in the household of a parent)

Few or no resources

Citizen or qualified non-citizen

Disabled
SSI/SSP: Basic Eligibility

Disability – child standard:


Marked or severe functional limitation expected to
result in death or last for at least 12 continuous
months
Disability – adult standard:

Inability to engage in substantial gainful
employment and expected to last at least 12
months or result in death
SSI/SSP: What Do They Get?

Disabled child - $750

Disabled adult (residing in own household) – $858

If in foster care OR residing with a non-parent
relative caregiver (even if not in foster care) OR
residing with a guardian (relative or nonrelative)



Non-medical out-of-home care facility: $1086
Must complete the SSP 22 to get the full benefit!
There are offset rules for concurrent receipt of SSI
and other assistance (AFDC-FC, AAP, Kin-GAP)
SSI/SSP: When Does it End?

No definite end date – depends on the
disability, income and resources

Different disability standard for adult

SSA conducts a Continuing Disability Review
(“CDR”) in the month before the month the youth
turns 18 to determine if the youth will remain
eligible for SSI benefits under the adult rules

Continue to receive SSI until CDR is complete
SSI/SSP: County Mandate to
Screen/Apply for SSI for Youth in Care
Counties must:



Screen every youth in foster care for SSI
eligibility between ages 16.5 and 17.
Assist youth determined likely eligible with
SSI application.
When necessary, use workaround to
forego federal foster care benefits for one
month out of every 12 months
SSI: New Requirements for NonMinor Dependents



Timeline for application remains the same – goal
remains having SSI eligibility established at around
the time the youth turns 18
Ensuring SSI is in place provides youth maximum
flexibility and choice among benefits, services and
supports
If youth is approved for SSI but receives federal
foster care in excess of SSI – same workaround that
is used to allow youth to apply for SSI will be used
to maintain eligibility
How can SSI help a youth transitioning
out of foster care?





Monthly cash assistance often more than other
available cash assistance programs (ie CalWORKs,
General Assistance) – can help avoid homelessness
SSI eligibility may qualify youth for permanent
affordable housing
Youth can work part-time and still receive SSI
Social Security has programs to help recipients
pursue education or attempt work without losing
eligibility
Youth can receive school scholarships and receive
SSI simultaneously
HYPOTHETICALS
Is Sam Eligible for Extended Foster Care?
Sam turned 18 on October 30, 2011. Is he eligible for
Extended Foster Care beginning January 1, 2012 if:

1.
He is expected to graduate from high school in May 2012,
before he turns 19?
•
2.
He is not expected to graduate from high school before
October 30, 2012 BUT the dependency court keeps his
foster care case open and he has an open dependency
case on January 1, 2012?
•
3.
YES – he is eligible on January 1, 2012
YES – he is eligible on January 1, 2012
He is not expected to graduate from high school before
October 30, 2012 AND the dependency court terminates
jurisdiction when Sam turns 18 in October 2011?
•
NO – he is NOT eligible on January 1, 2012
Is Danny Eligible for Extended Foster
Care?

Danny is under an order for foster care
placement when he turns 18 on June 1,
2012. However, Danny is on runaway status
on that date.

Is Danny eligible to participate in extended
foster care?

YES – as long as he is under order for foster care
placement on his 18th birthday
Is Ashley Eligible for Kin-GAP After
Age 18?

Facts:

Ashley turned 15 on May 1, 2009.

On July 1, 2009, Ashley exited foster care and entered
the Kin-GAP program when her grandmother took
guardianship of her.

It is now July 1, 2011 and it is Ashley’s annual
redetermination. Because of the passage of AB 12,
Ashley is being converted into the new Kin-GAP
program.
Is Ashley Eligible for Kin-GAP After
Age 18 (continued)?

Does Ashley have a mental or physical disability?


Is Ashley expected to complete her high school
diploma or GED by age 19?


If YES – she can receive Kin-GAP up until age 21
If YES – she can get Kin-GAP benefits until she finishes her diploma or GED
or until she turns 19, whichever is first
Is Ashley being converted into the federal Kin-GAP
program?


If YES - she can get Kin-GAP up until 20 (or 21) as long as she meets the
participation requirements and the timeline for extension.
If NO - she CANNOT get benefits after 18 (unless he has a physical of
mental disability OR he meets the completion rule).
Is Lisa Eligible for Kin-GAP?

Facts



Lisa turned 15 in December 2011, and during that same
month, she was placed in foster care in the approved home
of her Aunt Sally.
In July 2012, Aunt Sally decides to take legal guardianship
of Lisa so that they can close her dependency case.
Questions


What does Aunt Sally have to do to ensure eligibility for
Kin-GAP benefits?
If guardianship is finalized in August 2012 and dependency
terminated, will Lisa be eligible for Kin-GAP after age 18?
RECAP
Which Benefit is Best for the Youth:
Questions to Consider








How much financial assistance does the youth/family need?
Is the youth adverse to supervision or involvement by child
welfare services?
How much flexibility does the youth want?
What is the youth’s permanency plan?
Does the youth have special needs?
What are the family dynamics?
What supportive services are available in addition to
financial support?
Do the benefits travel with the youth?
Amount of
Assistance
Court
Special needs Other
services
AFDC-FC
$621 - $776
Yes, 6 month
reviews.
Specialized
care
increments
ILP, clothing
allowance,
Medi-Cal,
transitional
housing
CalWORKs
$382 for first child,
less with each
child
Depends on
dependency
status
No specialized
rates
Medi-Cal
Kin-GAP
Negotiated –
cannot exceed
foster care
No
Yes –
specialized
rates available
ILP, clothing
allowance,
Medi-Cal
AAP
Negotiated –
cannot exceed
foster care
No
Yes –
specialized
rates available
Medi-Cal
SSI
$1,086 for children No
with relatives; $858
for adult living in
own household
No
Medi-Cal
RECAP: AFDC-FC

Categorical requirements of the child

Age, residency, immigration status, deprivation

Conditions of removal from the home and
placement

Financial eligibility


NMDs reentering – based on youth’s income only
Right to continue in foster care after age 18 if
meet a participation requirement
AFDC-FC: Hot Topics

Are they receiving the right amount of benefits




Interstate and inter-county issues






Specialized care
Dual Agency Rate and supplement
Increased rate for relative caregivers based on 2011
Budget Act
Unfunded placements
Problems with Medi-Cal
New issues for NMDs
Voluntary Placement Agreements/Voluntary Re-entry
Agreements and the 180-day time limitation
Drop-offs, diversions and informal arrangements
Shared Living Agreements
RECAP: Kin-GAP

Under applicable age requirement

Has been adjudged a dependent pursuant to WIC § 300 or
602

Living with same relative at least 6 continuous months

Relative appointed as guardian by juvenile court

Foster care case dismissed by the court after (or at the
same time as) the court appoints the relative as guardian

Negotiated Kinship Guardianship Agreement
Hot Topics: Kin-GAP

Make sure relative was allowed to negotiate the
right level of Kin-GAP (based on date of Kin-GAP
guardianship)

Reinstating Kin-GAP after disruptions in the
placement

Eligibility for Kin-GAP when receiving SSI

Timing: CDSS current policy is that guardianship
agreement must be in place prior to the court
ordering guardianship
RECAP: AAP

“Special needs”
AND

Written and signed AAP agreement with state
stipulating amount of AAP entered into before the
adoption is finalized (No means test)
AND

SSI requirements – OR - under supervision of
county welfare department – OR - would have been
at risk of dependency
Hot Topics: AAP

Independent adoptions vs. agency adoptions

Negotiated benefit – no means test!

Medicaid/Medi-Cal when the youth lives out of state
and is over 18

Standard for getting AAP after age 18

Maximum AAP rate based on date the initial AAP
Agreement was signed

Dual Agency Rates and Increase in AAP Rates
RECAP: SSI

Little or no income*

Few or no resources*

Citizen of the United States or certain categories of
immigrant - AND –

Disabled

Child: Marked or severe functional limitation expected to
result in death or last for at least 12 continuous months

Adult: Inability to engage in substantial gainful employment
and expected to last at least 12 months or result in death
Hot Topics: SSI

Appeal denials of disability determinations

Age 18 CDRs – especially if the youth has an IEP

Non-Medical Out-of-Home Care Rates

County obligations to screen and apply for SSI for
foster youth

County obligation to maintain SSI eligibility for
NMDs receiving higher benefit that offsets SSI
completely

Offsetting rules (with AFD-FC, Kin-GAP, AAP)
QUESTIONS?

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