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Fostering Connections After 18: Benefits EssentialsVersion 2.1 December 2012

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Goals for the TrainingIn this training we will cover: Eligibility requirements for AB12 The primary benefits associated with

AB12

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Values

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

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Eligibility Basics Open court case with out-of-home

placement order at age 18 Satisfy at least 1 of 5 participation

requirements Meet with Social Worker/Probation officer

and update TILP Court or administrative review of TILCP

every 6 months Live in a licensed/approved setting

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Kin-GAP, AAP and Guardianship Extended benefits also available

to: Youth who entered Kin-GAP or

AAP at age 16 or olderYouth with disabilities who

entered Kin-GAP or AAP at any age

Youth who entered NRLG from juvenile court at any age

Participation in Extended Foster CareEffective July 2012:Senate Bill (SB) 1013 (Chapter 35, 2012), commonly known as the “budget trailer bill,” included changes to law that affect age eligibility for EFC and Kin-GAP, AAP and NRLG benefits.

The bill adds WIC section 10103.5 which allows Non-minor Dependent youth who turn 19 during 2012 and are receiving foster care payment or CalWORKs benefits while in foster care to continue receiving those benefits up to age 21 provided they continue meeting the participation conditions

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Youth Who Turned 18 in 2011 Youth who turned 18 in 2011 are eligible IF

There was a juvenile court placement order on the youth’s 18th birthday AND

The youth was under the juvenile court jurisdiction as of 1/1/12

Re-entry for those who exited in 2012 Non-minor dependent youth who exited

foster care in 2012 solely due to attaining age 19, may now re-enter foster care, if they agree to meet one of the participation conditions. Otherwise exited NMDs must wait until Jan. 1 2013.

These youth wishing to re-enter will need to complete the SOC 163 (Voluntary Re-entry Agreement) followed in 15 court days by petition filed under WIC section 388(e).

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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 any one of the above

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High School Completion Rule Effective Jan 1. 2012, no more high school

completion rule for youth in extended foster care

High school completion rule up to age 19 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)

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Licensed/Approved Placement

All traditional foster care placement options still available

Limitations on group home placement

2 NEW Placement Options: THP-Plus Foster Care (licensed) Supervised Independent Living

(SILP) (approved)

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Pregnant & Parenting Youth Pregnant and parenting youth are

eligible Infant Supplement Benefit Payment

In a SILP In other settings WFFH setting includes $200

Shared Responsibilty Plan benefit to caregiver.

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Youth who want to opt-out

Hearing (WIC 391) must be held after age 18 prior to terminating jurisdiction (and assistance)

Eligibility for assistance does not end until the youth turns 21, but aid can be suspended at youth’s request or if the court finds the youth is not meeting participation requirements

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Re-entry

Youth can re-enter unlimited times prior to turning 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 placed in an eligible placement

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Extended Foster Care Benefits The same benefit

rates apply per facility type.

New rates established for THP-Plus FC

SILP is limited to basic AFDC-FC rate

Wraparound services may be available

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Eligibility for Foster Care Benefits No new eligibilty

determination reuiqred for youth who remain in cares

Must continue to meet financial eligibility

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AFDC-FC: What Do They Get? Monthly cash benefit

paid to caregiver on a per-child basis

Full scope Medi-Cal, no share of cost

May be other funded services/allowances

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ReEntry and Youth’s IncomeFor nonMinor dependent youth

reentering foster care:A new determination for foster

care benefits is completed Eligibility is based solely on the

youth’s income and propertyMost reentering youth will be

federally eligible.

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Specialized Care Increment

A supplement to the basic FC rate based on special needs for care and supervision

County sets criteria and methodology on eligibility & amount, based on state/federal law.

Most counties provide specialized care increment

Not available to youth in a SILP, group home or FFA

If placed out of county, paid at the rate of county of residence

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Dual Agency Rate

Non-minor dependent youth who receive AFDC-FC benefits and who are also regional center clients are eligible for Dual Agency rates and possible supplemental

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Eligibility for Extended CalWORKs Must meet requirements:An open juvenile court case as a NMDPlaced with an approved relative

caregiver.

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CalWORKs: Who Gets It?

Relatives caring for a non-minor dependent youth who is in foster care who does not qualify for federal Title IV-E foster care benefits (aid code 42)

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

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Documenting Eligibility

Complete SOC 161 every 6 months Document efforts to assist youth to

maintain eligibility in case plan Include services in TILP to ensure

participation in primary educational/employment activity, including a back-up plan

Engage youth in collaborative case planning

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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

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Documenting Eligibility

A copy of the Certification Form (SOC 161) kept in the EW’s file

Participation documentation kept in the SW/PO’s file

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6 Month Certification of

Extended Foster Care

Participation Form

(SOC 161)

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Resolving Disputes Best practice includes youth participation

in Team Decision Making meetings, Transitional Conferences and mediation

State Fair hearing process regarding Amount of the benefit Termination of benefits Denial of federal eligibility (i.e. for youth

placed with relatives) The juvenile court will resolve disputes

about the youth’s case plan and sufficient participation

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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 21

Eligibility for Extended Kin-GAP

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Kin-GAP Changes

Guardianship Study Requirements Youth has to be residing with the

relative for only 6 months prior to entering guardianship, includes voluntary placement.

Kin-GAP benefits are determined and adjusted based on changed needs pursuant to a negotiated agreement

Kin-GAP can be paid out of state

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Kin-GAP – What do they get? Rate is negotiated between the relative guardian

and the county or Indian tribe May include specialized care increment The infant supplement or “whole family foster

home” rates may apply if the youth is parenting

If the youth is a regional center consumer, the dual agency rates apply

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Other Benefits Related to Kin-GAP County 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

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Extended Kin-GAP Requirements Kin GAP Mutual Agreement, KG 3,is a condition of

payment County must inform guardian of extension of Kin-

GAP after age 18 and update the SOC 369A Guardian must report changes in the youth’s

participation in one of the 5 conditions or youth meets disability criteria.

Kin-GAP payments can only be made to the guardian

Youth can live elsewhere as long as the guardian remains financially responsible

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Youth with Non-Related Legal Guardians

Eligible for extended benefits up to age 21 if the guardianship was established in juvenile court and youth was eligible for NRLG benefits on 18th birthday

Does not matter how old the youth was when the guardianship was established

County of residence is county of payment if guardian moves.

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Youth with NRLG Requirements Mutual Agreement, SOC 162, must be signed in

the month the youth turns age 18 and is a condition of payment. The TILP and SOC 161 must be updated each 6 months.

Payment made only to former guardian

Youth may live elsewhere as long as the former guardian remains financially responsible

Youth may not “reenter” EFC as court dependent. NRLG benefits may be reapplied for if the youth returns to the care of the guardian.

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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

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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

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Extended AAP Requirements The county must notify the Adoptive parent to

request extension after age 18 by updating the AD4320 and provide verification that the youth is participating in one of the 5 conditions or meets the disabilty criteria

AAP payments only go to adoptive parent

Youth may live elsewhere as long as the adoptive parent remains financially responsible

AAP may be paid when the juvenile court orders a NMD adult adoption under WIC section 366.31(f)

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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 18th birthday)

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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)

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County Management of SSI Benefits As rep payee, maintain accounts Help youth in become payee or find a

new payee at age 18 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

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SSI and former foster youth monthly cash assistance based on

living arrangements, income and assets.

May work part-time and still get SSI May get scholarships and SSI

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SSI and Non-Minor Dependent Youth Goal is to have SSI disability

determination established at around the time the youth turns 18

Ensuring SSI is in place provides youth maximum flexibility and choice among benefits and supports

“12 month switch” to maintain SSI eligibility if youth receives federal foster care in excess of SSI

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Non-Minor Dependent Youth and SSI May qualify for subsidized housing

programs at exit Explore SSI programs designed to

help individuals work or pursue their education Ticket to Work Plan to Achieve Self Sufficiency Student Earned Income Exclusion

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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) Court and/or administrative review hearings of

the case plan every 6 months Visit with the social worker or probation officer

monthly Participate in a TILP and met one of the 5

participation requirements Placed in an licensed/approved facility

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Additional Benefits FCIA Chafee

Independent Living Plans and Services

Resource limit: $10,000

Earned income Exclusion

Transitional Medi-CalEducation and Training

Vouchers

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Weighing the Benefit Level of need Youth willingness Need for flexibility Permanency plan Special needs Family situation Services available in

addition to benefit Portability

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My Action Plan