Foster Care Re-Entry: Creating a Supportive & Meaningful Transition to

Adulthood

Betsy FordyceDirector of Advocacy Initiatives, Rocky Mountain Children’s Law

Center

Today’s Roadmap . . .

• The Basics of Foster Care Re-Entry• Recognition of Current System Issues• Statutory Background for Re-Entry• Proposed Areas of Action in Legislation &

Practice• Key Examples from Other States• The Cost-Benefit of Investing in our Older

Foster Youth

What is Foster Care Re-Entry?

Process of allowing young people (**specifically ages 18 to 21) the

opportunity to leave the system and test their independence, while

providing an option to RE-ENTER the child welfare system in order to gain the skills, supports, and resources necessary to build a successful,

independent life as an adult.

Youth are exiting the system without adequate support systems, permanent connections, and skills necessary to successfully transition to

adulthood.

As a result, they experience:

• Lower high school graduation and GED completion rates,

• Greater reliance on public assistance,

• Increased rates of unemployment, homelessness, mental and physical health problems, unplanned pregnancies, incarceration, human trafficking and victimization.

Colorado NYTD Youth Survey; Courtney, M.E., and Dworsky, A. (2007). Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 21. Chicago, IL: Chapin Hall Center for

Children.

Defining the Problem & Recognizing an Opportunity:

National Education Outcomes: Highest Completed Grade – Comparison of Former Foster Youth (Midwest Study)

and Peers (Add Health Study)

No Diploma or GED

High School Diploma

ONLY

GED ONLY One or more years of college, no degree

Two-year college degree

Four year college degree

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

23%

37.60%

9.70%

27.90%

1.90%0.00%

10.80%

29.70%

6.60%

43.00%

8.10%1.80%

Former Foster Youth

21-Year-Old Peers

Courtney, M.E., and Dworsky, A. (2007). Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 21. Chicago, IL: Chapin Hall Center for Children.

High School Graduation Outcomes in Colorado

4-Year Graduation Rate (2011-2012)

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%

80.0%

90.0%

100.0%

28.7%

75.4%

Students in Foster Care All Students

Clemens, E.V. (2014). Graduation and Dropout Rates for Colorado Students in Foster Care: 5-Year Trend Analysis (2007-08 to 2011-12). Greeley, CO: University of Northern Colorado.

National Outcomes on Criminal Justice System Involvement: Comparison by Gender of Former

Foster Youth (Midwest Study) and Peers (Add Health Study)

Ever

Arres

ted

Arres

ted

Sinc

e Age

18

Ever

Con

victe

d

Convic

ted

Sinc

e ag

e 18

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

77.00%

55.30%

47.90%

32.30%20.10%

7.50% 12.10%10.30%

Former Foster Youth21-Year-Old Peers

Males Females

Ever

Arres

ted

Arres

ted

Sinc

e Age

18

Ever

Con

victe

d

Convic

ted

Sinc

e ag

e 18

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

54.00%

29.60%

22.30%

12.20%4.30%0.50% 1.30% 1.30%

Former Foster Youth21-Year-Old Peers

National Outcomes on Pregnancy: Comparison of Former Foster Youth (Midwest Study) and Peers (Add

Health Study)

0%

20%

40%

60%

80%

100%

71.00%

50.00%33.00%

19.00%

Former Foster Youth

21-Year-Old Peers

Courtney, M.E., and Dworsky, A. (2007). Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 21. Chicago, IL: Chapin Hall Center for Children.

It Takes TIME . . .To Meet Goals

(Education & Employment)

To Be Independent

To Successfully Complete

Treatment (Trauma - Mental Health -Substance

Abuse)

To Achieve Permanency

(Supportive Connections & Legal Permanence)

Emerging Adulthood: What is a DevelopmentallyAppropriate System?

Young people in child welfare are often uniquely caught between being a “child” and being an “adult.”

“18” is not a magical number, but it does confer the legal status of adulthood.

Research now shows that brain development actually continues through a young person’s mid-20’s. This is a critical period for development of the pre-frontal cortex (executive functions such as decision-making & impulse control). “Adult status” in terms of brain functioning happens closer to age 30.

Current Dependency & Neglect Jurisdiction (§ 19-3-205)

• Jurisdiction SHALL continue until a youth turns 21, unless earlier terminated by the court.

• When a youth in out-of-home placement reaches age 17, the court MUST consider the youth’s individual circumstances and assess whether the youth will be ready to become independent at age 18 or will need additional supports until age 21. In making this determination, the court should look to whether the youth is engaged in one of the following activities:

- Completing a high school diploma or GED program,- Enrolled in college or vocational school,- Participating in an employment training program, or- Employed at least 80 hours per month.

• If the youth is participating in one of these activities, he or she may need additional time and services to meet his or her goals. The court may also decide to maintain jurisdiction after the youth’s 18th birthday if the youth has a documented medical condition that prevents he or she from participating in one of the activities highlighted above.

So where do we go from here?

Need to create a TRANSITION jurisdiction system that LOOKS

and FEELS different than traditional foster care.

Potential Areas for Legislative Change:1. Consent Provision –

• Voluntary nature of continued support• Particularly important in a system that focuses on

the youth’s “best interests.”• Encourages youth to identify goals and work to

achieve them.

2. Re-Entry Provision – • Allows opportunity for continued support until

age 21.• Recognizes that young people may not be

developmentally ready to be fully on their own as adults.

• Areas of consideration: legal representation post-age 18, goals for eligibility, preparation and advisement prior to age 18.

System Change in Practice

1. A “new” child welfare system must be developed • “21” cannot just become the new “18”.

2. Revision of Colorado’s Title IV-E Plan– • Update plan to leverage maximum funding

through Fostering Connections to Success & Increasing Adoptions Act.

3. Services & Supports – • Full spectrum of available housing options.• Supportive services to aid in housing

stability.• Community Partnerships to focus on

education, employment, mentoring, mental health and substance abuse treatment.

What’s Happening Across the Country?

21 states + the District of Columbia have some version of Extended Foster Care (continuation to age 21 if meeting at least some of the federal Fostering Connections eligibility conditions)

** These are states that have specifically implemented Fostering Connections - and have amended their Title IV-E plans. The number of states with some form of continuing jurisdiction for foster youth past the age of 18, however, is much greater.

Of these, most have some version of foster care re-entry for those young people who leave the

system after their 18th birthday, but need additional services/supports.

Jim Casey Youth Opportunities Initiative

Issue Brief: Cost AvoidanceThe Business Case for Investing in Youth Aging Out of Foster Care

• Studied cost of negative outcomes for young people transitioning from foster care.

• Compared outcome data for former foster youth with national averages and applied costs associated with such outcomes.

• Focused on three key areas:- Education- Family formation- Criminal justice

Jim Casey Youth Opportunities Initiative. (2013). The business case for investing in youth aging out of foster care. St. Louis, Missouri.

One cohort year (26,000) graduating at the rate of the general population would increase earnings over a working life

$1,867,000,000

And increase taxes paid by $430,000,000

One cohort year unplanned, too early childbearing $250,000,000

One cohort year criminal justice costs for a criminal career $5,236,000,000

Total for academic failure, unplanned pregnancy and criminal involvement for each cohort year:

$7,783,000,000

Jim Casey Youth Opportunities Initiative. (2013). The business case for investing in youth aging out of foster care. St. Louis, Missouri.

The Business Case for Investing in Youth Aging Out of Foster Care (Based on National Outcomes)

Calculating the Costs for Colorado:In fiscal year 2013, approximately 362 young people (ages 18, 19, and 20) exited the Colorado foster care system (under various permanency outcomes).

Using national statistics on educational attainment, too early pregnancy, and involvement with the criminal justice system (comparing foster youth with their peers), a rough estimate of

the costs of poor outcomes for 362 young people transitioning

from foster care would be $108,600,000.

These percentages are based on national statistics and are not the outcomes of these specific 362 youth. This is a mere illustration of the cost of potential poor outcomes as a whole in our state.

The national statistics used above may differ from our state outcomes. For example, the numbers above assume an average high school completion rate of 58% for young people leaving foster care. A recent study by CDHS and CDE, however, determined that the graduation rate for students in foster care in Colorado is only approximately 28.7%; thus, this lower outcome would result in a higher cost to our state.

General estimates have been calculated based on Jim Casey Youth Opportunities Initiative. (2013). The business case for investing in youth aging out of foster care. St. Louis, Missouri.

For additional information, please contact:

Betsy FordyceDirector of Advocacy Initiatives

Rocky Mountain Children’s Law Centerbfordyce@childlawcenter.org

303-692-1165