Providing a Legal Basis for Child Welfare System Support of Youth 18 to 21 Howard Davidson, J.D Director, ABA Center on Children and the Law American Bar.

Providing a Legal Basis for Child Welfare System Support

of Youth 18 to 21

Howard Davidson, J.D

Director, ABA Center on Children and the Law

American Bar Association

[email protected]

Checklist of Law/Policy Issuesto be Considered

Extend court jurisdiction post-18 (mandate/option?)

Create I.L. court hearings Meaningful youth consent Appointment/role of

lawyer/gal for post-18 youth Maximum age of

jurisdiction/aid (21, 23, 25?) Effective use of up-to-21

Medicaid extension Re-entry into care and/or

services post-18 No homeless aged-out kids

Provide post-18 mandate (guarantee) of services vs. only authorize services

Require education & job case management services

Mandate data collection pursuant to Chafee

Provide things adults need (I.D.s, bank account, etc.)

Social Security $ access No exit without meaningful

adult connections More $ for housing support

Data from AFCARS and NCANDS

• Nationally, latest (9/30/04) AFCARS figures--24,492 youth in care were over 17 (only 5% of all in care). Less than 10,000 were 19 or 20

• But that same report indicated 94,447 teens (13-19) had entered foster care during that same fiscal year!

• Teens constitute a significant percentage of abuse/neglect victims. NCANDS 2004 data-- 226,371 maltreated kids were 12-17 (or 26.1% of all new child victims. Only children 0-3 have a higher rate of victimization.

1999 John H. Chafee Foster Care Independence Program

• Mandates states provide services to former foster youth until 21, as condition of getting federal $

• States can use up to 30% of Chafee $ for room and board for kids 18-21 who leave foster care.

• States may extend Medicaid to 18, 19, or 20 year-olds emancipated from care.

• Outcome measurement and services data are required on: Youth demographics, educational attainment, employment, avoiding dependency, homelessness, non-marital childbirth, high-risk behaviors, and incarceration; National Youth in Transition Database – see 7/14/06 Fed’l Register

Problems of 18-20 FormerFoster Youth With Serious

Societal Economic Consequences• Homelessness• Poverty• Unemployment• No health insurance• Physical & mental health (PTSD) problems• Lack of educational/vocational completion• High-risk personal behavior that can lead to

out-of-wedlock births, injury/disease, and criminal justice system involvement

Chapin Hall research: Former foster youth fare better if they remain in care after age 18

Standards/Themes for Exemplary Post-18 Aid (CWLA/Casey Family Programs)

• I.L. & Emancipation are not legal permanency options (adoption, permanent guardianship, relative placement, and APPLA, are)

• Youth must actively participate in both agency planning & transition processes

• Stress youths’ permanent adult connections

• Minimal age of discontinuing services as 21, optimal 25 (most begin to have self-sufficiency)

• No homeless youth/precarious living situations

• Low transition management service caseloads

Retention of Juvenile Court Dependency Jurisdiction to 21

• ABA 2002– Urged Congress and state legislatures to enact laws that provide youth in foster care full access, up to 21, to independent and transitional living services and health care

• Also urged extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21, when appropriate (e.g., youth consents), to ensure they have access to the court, and to legal and social services through the court

• We also pledged to help ensure youth transitioning out of care have access to competent counsel to advocate for necessary services & safeguards

(Is that possible without continuing court jurisdiction?)

One of CSSP’s 20 State Measures to Enhance Children’s Futures

• Center for the Study of Social Policy, “Twenty State Policies to Enhance States’ Prosperity and Create Bright Futures for America’s Children, Families and Communities” (January 2006)

• Measure 20: Statutorily authorizing foster youth remain, post-18, under oversight of the juvenile court (23 states plus D.C.)

• Only states that clearly say jurisdiction must end at 18: FL, GA, ID, IA, KY, NM, NC, UT

What Are Variations in Extending Court Jurisdiction?

• Half of states provide post-18 jurisdiction

• Of top 8 states in foster care population size (45% of all U.S. kids in care), 6 (CA, IL, MI, NY, OH, PA) allow post-18 court jurisdiction

• Extend to complete high school (tied to IV-E)

• Extend due to youth’s disability/special needs

• A rare variation is to mandate continuing jurisdiction (e.g., if in child’s best interests)

• Only to mandate continuing agency services

• Don’t dismiss until certain outcomes achieved

What Are Issues With and Barriers to

Continuing Court Jurisdiction?• Do 18-20 year olds really belong in juvenile

courts? (they are, after all, legally adults)• Is that judicial authority misused?• Is youth consent intelligently given?• Can youth “opt back in” to court jurisdiction

after their case was dismissed?• Does this really help assure services?• Do busy courts even use the option, or

endure added expense, given funding limits?

• Use of this form is mandatory (2006)--

“Attached is a report verifying that the child has received written information concerning his or her dependency case— including information about the child’s family history, the child's placement history, the whereabouts of any siblings under the jurisdiction of the juvenile court, the procedures for accessing the documents that the child is entitled to inspect…and the date on which the jurisdiction of the court will be terminated.” [Note: P.L. 109-239 adds: give copy of current health and education records, at no cost ]

The California Dependency Court Jurisdiction Termination Form

__ The child has indicated that he or she intends to be present at termination hearing.

__ The child does not wish to attend the termination hearing. Petitioner has attached verification that child has been informed of potential consequences of failure to attend termination hearing.

__ The child is unavailable and/or has refused to sign form. Evidence of reasonable efforts to locate child and obtain child’s signature is attached.

The child has been provided following documents:• Certified birth certificate• Social security card• Identification card and/or driver’s license• Proof of citizenship or residency status• Death certificate of parent or parents, if applicable

The following assistance has been provided to the child:• Application for Medi-Cal or other health insurance was

completed• Application for college, vocational training program, or

other educational/employment program was completed

• Information on obtaining, or application to obtain, financial assistance for educational/employment programs

• Referral to transitional housing, if available, or assistance in securing other housing

• Aid to obtain employment/other financial support• Assistance in maintaining relationships with individuals

important to the child, consistent with the child's best interest

• Other services which have been ordered by the court (specify):

Selected Recent State Legislative Reforms for Post-18 Youth

• California: W&I Code §11403.1 (2002) [Supportive Transitional Emancipation Program (STEP) for Foster Youth]– for counties opting to participate, I.L. services up to age 21 (& aid equal to basic foster care rate); state directed to seek any federal funds available to support this.

• CA AB408 (2003) (youth should never exit care without court determining that agency made reasonable efforts to identify, consistent with the child's best interests, the child’s permanent relationship with at least one adult.

• CA AB1633 (2005)-- Extends opportunity for youth to remain in foster care beyond 18 while finishing high school or vocational school/training or while pursuing high school equivalency certificate; When foster youth receiving SSI is nearing 18, county must give youth information on federal requirement that he/she establish continuing disability as adult in order for SSI benefits to continue beyond 18, and provide information to them regarding process for becoming their own payee, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and inform them of SSI benefits that agency has been accumulating on their behalf.

• CA AB824 (2005)-- raises the age limit for receipt of transitional housing placement program services by an emancipated foster youth to 24.

• CA AB1412 (2005)-- to better implement an earlier law on kids not exiting care without permanent adult relationships (AB408), case workers are required to ask all foster youth about adult relationships important to them and then take actions to support and maintain those relationships (including exploring them as permanency options).

• CA W&I Code §10609.3-4 (2000, 2005)– Independent living (16-21) stipends may support:– Bus passes– Housing rental deposits and fees– Housing utility deposits and fees– Work related equipment and supplies– Training related equipment and supplies– Education related equipment and supplies

Defines what should be in every youth’s transitional I.L plan.

Requires counties to report on transitional housing and related needs for emancipating pregnant or parenting former foster youth.

• AZ §8-521 (2006)– Adds to the state’s I.L. program a requirement that the agency establish an “Educational Case Management Unit” to coordinate education plans for youth participating in I.L. and to assist them to graduate from high school, pass the state’s education standards test, apply for postsecondary financial assistance, and apply for postsecondary education.

• Agency must report annually on youth in I.L. program’s graduation/G.E.D. and postsecondary enrollment statistics.

• FL §409.1451 (2004)– Independent Living Transitional Services statute requires serving 18 to 22 year olds and lists as services: mentoring/tutoring, mental health services & substance abuse counseling, life skills classes, parenting classes, job skills training, counselor consultations, and temporary financial assistance.

Services can be given to those who leave care at 18 but then “opt back in” to seek aid.

Includes “Road to Independence” tuition waiver/ educational/vocational scholarship program (kids in this can remain in care post-18).

• Law also requires a special I.L. Court Hearing 90 days after every foster youth’s 17th birthday and periodically thereafter at which the court must verify the agency has (subject to contempt sanction) provided youth with:– Current Medicaid card; certified copy of birth

certificate & drivers license or state I.D. card– Information on social security benefits they may be

eligible for, and accounting of funds the agency holds in trust for them and how to access them

– Budgeting skills/interviewing/parenting skills training– Information on the Road to Independence and

Public Assistance programs, & aid in applying– Open bank account or what’s needed to open one– Clear understanding of their post-18 living situation

and how it will be paid for, and school they’ll be in

• MI Public Act 147 (2005)-- Created an Interdepartmental Task Force on Services to At-Risk Youth Transitioning to Adulthood (over 20 public agencies, private organizations and associations, and foundations listed in statute) with a requirement that by 9/30/06 they provide to the legislature their findings, assessments, planning, and recommendations.

• MN §245A.22 (2004)-- I.L. services must be provided to youth 16-21 in care, those leaving care, and those who are homeless or at risk of becoming homeless.

• NJ Chapter 130 (2004)-- child welfare agency shall provide services to those 18-21 if they were receiving services on or after their 16th birthday, if on or after their 18th birthday they didn’t refuse services or else request services be terminated, and if the agency finds that continuation of services is in their best interests and would assist them to become an independent and productive adult.

• TX Family Code Title 5 §264.121 (2005)-- Extends both foster care, transition services, & Medicaid eligibility up to 21, and allows return to foster care as necessary to achieve goals of Preparation of Adult Living Program.

• OR §419B.337 (2005)-- Makes it clear that commitment of a youth to the agency’s custody continues until youth turns 21 or case is dismissed by the court. Court can only dismiss case if agency has appropriately implemented youth’s case plan (with youth involvement) concerning successful transition to independent living, including needs and goals relating to housing, physical and mental health, education, employment, community connections, and supportive relationships; and that youth has safe & stable housing and is unlikely to become homeless.