Part 1: Overview of EFC – Evolution of the Law

Part 2: Los Angeles County NMD Stats and

Trends

Part 3: Re-Entry: Returning to Extended Foster

Care

Part 4: EFC Placement Best Practice

Part 5: FAQs

Part 6: Lisa’s Story: Her Journey Through EFC

Part 1:

Overview of Extended Foster

Care Evolution of the Law

Went into effect January 1, 2012as the result of the Federal Fostering Connections to Success and Increasing Adoptions Act.

Changed the federal definition of “child” defined in 42 USC 675 to include those youth who meet a specific definition of what we now refer to as the Nonminor Dependent (NMD).

This law allows states to use federal funds, in certain circumstances, to extend benefits to youth up to the age of 21.

California adopted and codified what we now know as Extended Foster Care and AB12.

AB12 has had numerous updates in the form of additional legislation that includes AB212, 1712 and 787. These “clean up” bills provided for NMD adoptions, continued FR for NMD’s as well as separate court files.

Allow youth to gain real life experience with independence and learn from their mistakes

Provide a safety net for youth so they can be successful as independent adults Create a collaborative youth-centered environment

that works proactively with eligible youth in developing and reaching independent living goals

Help youth establish lifelong connections to caring adults before transitioning to full independence

Nonminor Dependents (NMDs) A youth with an open court case with suitable

placement order at age 18 or qualifies under AB 2454 – can stay in foster care until age 21as long as they are continuing to meet the eligibility requirements.

Former Nonminor Dependents will receive FUNDING ONLY (to caregiver) and can only reenter in specific circumstances.• Youth whose Kin-GAP payments begin at age 16 or

older.• Youth who entered AAP, as long as the adoption

agreement was signed when the youth was age 16 or older.

• Former dependents/wards in non-related legal guardianships created in juvenile court (not probate court), regardless of the age of the youth when the guardianship was created.

Have an open case with an order for foster care placement at age 18 and meet the following:◦ Satisfy one participation requirement; ◦ Sign a mutual agreement with the Agency unless deemed incompetent;◦ Agree to meet monthly with Social Worker (or Probation Officer); ◦ Work on transitional independent living skills;◦ Live in a licensed or approved setting; and◦ Have 6 month court review hearings.

Youth MUST Meet One of the following:

1.Be enrolled in high school or equivalent program;

2.Be enrolled in college/vocational school;

3.Work at least 80 hours/month (this CANNOT be an unpaid internship);

4.Participate in a program/activity that helps you find a job or removes barriers to employment; and/or

5. Be unable to do one of the above because of a medical or mental health condition, that has been diagnosed by a physician.

9

Approved home of relative or Non-related Extended Family Member (NREFM)

Foster Family Agency (FFA) or Foster Family Home (FFH)

Group Home (under specific circumstances)

Small Family Home/Dual Agency Regional Center Homes

Transitional Housing Placement Program (THPP)

THP-Plus Foster Care

Supervised Independent Living Placement (SILP)

Part 2:

Los Angeles County Statistics and

Trends

Current Age (Year of Entry) Number Percentage

Twenty Years of Age (2012) 705 31%

Nineteen Years of Age (2013) 720 31%

Eighteen Years of Age (2014) 884 38%

TOTAL 2309 100%

DEMOGRAPHICS OF OUR NMD POPULATION

WHAT OUR NMDs ARE WORKING ON UNDER AB12

WHERE OUR NMDs ARE LIVING/HOUSED

Part 3:

Re-Entry–Returning

to Extended

Foster Care

Eligible nonminors (ages 18-20) can request the court to re-open their court case

Youth re-entering will be assigned a CSW, appointed an attorney and a Judge will be overseeing their case

Re-entry is voluntary but eligible youth have a right to request re-entry as long as they intend to meet the participation requirements and the court finds it is in their best interest

Eligible nonminors who have their cases closed can re-enter unlimited times if under statutory age limits.

WIC 388(e)WIC 388 (e)(1)

Eligible youth include:◦ Nonminor dependents who had an order for foster care placement on

their 18th birthday and who have not reached 21 years of age are eligible to re-enter Most common re-entry scenario WIC 388(e)

◦ Nonminor former dependent youth with relative guardian and non-related legal guardians or who was adopted who experiences the death of a legal guardian or adoptive parent(s) and who still satisfy age criteria i.e. ages 18+ and who have not reached 21 years of age WIC 388(e)(1)

◦ Nonminor former dependents whose former guardian or adoptive parents no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor and who still satisfy age criteria i.e. ages 18+ and who have not reached 21 years of age New as of January 1st, 2015 (AB 2454) WIC 388(e)(1)

Beginning on January 1, 2015, AB 2454 went into effect. Welfare and Institutions Code Section 388.1 was amended to provide that youth are eligible to re-enter foster care if:

◦ He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and

◦ whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before age 21

…◦ (4) He or she is a nonminor who received adoption

assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age. (emphasis added)

How Can I Help a Youth Re-enter? o Instruct the youth to call the DCFS 24-Hour Hotline (800)

540-4000 ◦ If the case is considered a "Homeless Crisis", the CSW must

respond within two (2) hours.◦ If the case is considered "Standard" (not homeless or it's a NRLG

Re-Entry), the CSW must respond within one (1) business day.

What If The Youth Does Not Get A Response? Make sure youth provided current contact information to

hotline Contact DCFS office to confirm re-entry consultation notice

was received and that case has been assigned Advise the youth of the option to come directly to the

courthouse to file re-entry documents Contact legal advocate for assistance

What help can a youth expect after calling the hotline?◦ Youth will have an opportunity to meet with a worker and

sign a Voluntary Re-entry Agreement/SOC 163◦ The VRA documents a youth’s willingness and intention to:

Be placed in a supervised placement setting, participate in eligibility requirements, receive assistance from the Agency and work on case plan• If a VRA is signed, a mutual agreement is NOT required

◦ Once the Voluntary Re-entry Agreement (VRA) is signed, the placing agency, is required to file a 388 (e) petition (Form JV-466) requesting the court to resume jurisdiction within 15 court days of the signing of the VRA.

◦ A nonminor may elect to file a 388(e) petition sooner by filing directly with the court

I am working with a youth who has started the re-entry process but hasn’t had their court hearing. What help is available?

By signing the voluntary re-entry agreement, DCFS has the ability to:◦ Identify housing and fund placement for the nonminor dependent◦ Work with the youth in identifying medical and mental health needs◦ Provide referrals and assist in linking youth back to department and community

resources◦ 388 (e), WIC 11400(z), ACL 12-12

Will living with a parent make youth ineligible for re-entry? No. As long as a youth had an order for foster care placement when they

turned 18 (or meets the other exceptions for re-entry) they have a right to request re-entry.

By signing the VRA, the nonminor is agreeing to live in an approved or licensed placement, and since living with a parent is not approved or licensed, the youth will need to be willing to go into placement.

Can a youth who is not in school or working still re-enter? Yes. At the time of signing the VRA, the youth just has to intend to meet the

participation criteria. The youth will need to meet one of the participation requirements within a reasonable time frame in order to maintain eligibility.

Policy:◦ DCFS Policy Extended Foster Care: Re-Entry of Non-Minor Former Dependents,

0100-535.65 Updated April 2015 http://policy.dcfs.lacounty.gov/Default.htm#Extended_Foster_Care_Re.htm

◦ California Department of Social Services (CDSS) Re-entry into EFC, All County Letter 12-12 http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2012/12-12.pdf

Youth Material◦ Know Before You Go: Re-entry

http://kids-alliance.org/wp-content/uploads/2013/07/LA-Coming-Back-into-Extended-Foster-Care-2014-Web.pdf

Legal Organizations ◦ Children’s Law Center of California

***Contact former attorney*** 323-980-1700 Contact Extended Foster Care Team, including Peer Advocates

extendedcare@clcla.org

◦ Alliance for Children’s Rights Next Step Team: 213-368-6010

Part 4:

EFC Placements: Best Practice

Considerations

FROM MOST RESTRICTIVE TO LEAST RESTRICTIVE

1. Group Home (limitations for NMD population)

Co-2. Living with an approved relative or extended family member

Co-2. Living with a licensed foster family or Foster Family Agency (FFA)

Co-2. Home of a Non-related Legal Guardian 4. THP+FC (Transitional Housing Program Plus

Foster Care)- NMDs only 5. Supervised Independent Living Placements

(SILPs) – NMDs only (nearly 1000 NMDs in SILPS currently)

Transitional Housing Program Plus Foster Care

Supportive housing (apartments) where case management services focus on self-sufficiency goals (employment, education, permanent housing, independence). For NMDs only - can serve special populations, including pregnant and parenting teen and probation/cross over.Three models: scattered site, or host family.

THP+FC formally began in January 2015. At full capacity the program will be able to serve 900 youth.

Part 5:

Frequently Asked Questions (FAQs)

About EFC

Q - Does immigration status impact eligibility for Extended Foster Care?

A – No! It does not disqualify a youth for EFC eligibility as long as Special Immigrant Juvenile Status is sought.

Q - Which foster youth are eligible for Medi-Cal until age 26? How can they enroll?

A - Any youth who was in foster care on their 18th birthday have Medi-Cal eligibility until 26 years of age. Foster youth who left DCFS jurisdiction before January 1, 2014, need to go to the local DPSS county office and complete the MC250A. Verifying documents are not needed. For more information:◦ http://www.dhcs.ca.gov/services/medi-cal/eligibility/

Documents/MEDIL2014/MEDILI14-05.pdf

Q- Can an NMD get CalFresh if they are a full -time student?

A- No! Unless they meet an exception which includes the following:◦ employed 20 hours/week◦ have children and

full time student - child under 12 OR part time student - child under 6, or a child from 6-

12 for whom adequate care is not available OR They are receiving CalWorks

◦ Students employed in food stamp and training program

◦ Students who do not intend to enroll next semester

Q - NMD with a baby is living in a THP+FC placement – can they still get the infant supplement?

A- Yes! DCFS processes the infant supplement payment to the provider or the NMD (depends on the provider placement). Current rate is $411 monthly.

Q - What about a youth who is AWOL on his/her 18th birthday?

A – Yes! Still eligible for EFC as long as a suitable placement order was in place and even if physically they were somewhere else.

Q - Can a youth live in Section 8 housing and still get SILP payments?

A - Yes! SILP payments are not counted as annual income.

Q - Are SILP payments treated as taxable income?

A – No! SILP payments are treated as foster care payments (not taxable income). If the NMD did not have another source of income that year, they do not have to file because of SILP payments.

Q - Do SILP payments count as income for financial aid?

A – No! SILP payments are exempted as foster care payments. They do not need to be reported on the FAFSA as income as well.

Includes the Following

WWW.ILPONLINE.org DCFS’ TAY website WWW.211.org Click on “Youth Services”WWW.ifoster.org iFoster: Free resourcesWWW.mylifemyrights.org Public Counselhttp://kids-alliance.org/app/ “Know Before You Go (B4UGO)” smartphone application by Alliance for Children’s RightsWWW.clccal.org Children’s Law Center Los Angeles

Tamera Pruitt, County Counsel: Tpruitt@counsel.lacounty.gov

Harvey Kawasaki, DCFS: Kawash@dcfs.lacounty.gov

Lindsay Elliott, Children’s Law Center: Elliottl@clcla.org