San Francisco Human Services Agency

Family and Children’s Services Handbook
Effective Date: 1/1/2012
3/19/2012 / AFDC – FC and Foster Care Funding

Section 59-22

California Fostering Connections

Extended Foster Care

Non-minor Dependent (NMD)

TABLE OF CONTENTS

HSA/FCS Policy Statement 1

Notification Requirement 1

Eligibility Requirements 2

Eligible Youth 3

Ineligible Youth 3

Special Populations of NMDs 4

EFC Program Participation Criteria 4

EFC Program Participation Criteria Definitions 5

EFC Program Participation Criteria Definitions (con’t) 6

Temporary Breaks in Participation 7

Mutual Agreement SOC 161 8

Six Month Certification SOC 162 8

Wraparound Services 9

NMDs Earned Income 9

Medical Confidentiality and the HEP 9

90 Day Transition Plan 10

Transitional Independent Living Plan (TILP) 10

Case Plan (TILCP) 11

Non Compliance with Case Plan 12

Reporting Suspected Abuse of an NMD 12

NMD Responsibilities 12

PSW Responsibilities 13

VISIT REQUIREMENTS 14

COURT REQUIREMENTS 14

CWS/CMS 15

HSA/FCS Policy Statement

Date of Approval
3/13/12
(signature on file)
Debby Jeter
Deputy Director, FCS / It is the policy of San Francisco Human Services Agency/Family & Children’s Services (HSA/FCS) to provide services and payments to foster youth over age 18 that continue to remain in foster care. Effective as of January 1, 2012 as outlined in Assembly Bill 12 (AB12) foster youth beyond age 18 will be entitled to services and payment under the Extended Foster Care Program (EFC) and will be eligible to receive foster care benefits, Aid to Families with Dependent Children-Foster Care [AFDC-FC] payments and services.
As stipulated in AB 12 the EFC Program allows foster youth including, youth supervised by child welfare, in Non-Related Legal Guardianships (NRLGs) or under a Tribal Title IV-E agreement to remain in foster care beyond the age of 18. Foster youth that remain in foster care will continue to receive benefits and services, as long as the foster youth meets participation requirements, lives in an approved or licensed facility, and meets all other eligibility requirements.
AB12 also includes provisions for the extension of benefits under the Adoption Assistance Payment (AAP) and Kinship Guardianship Assistance Payment (Kin-GAP). [Refer to FCS Handbook sections on AAP and Kin-GAP benefits for details on payments and services related to youth in adoptive or Kin-GAP placement.]
The purpose of the section is to outline the policy, procedures and process for the provisions of the EFC and FCS implementation of these benefits and services.
The young adults who remain under the jurisdiction of the court, in EFC after age 18 are referred to as Non-Minor Dependents, (NMDs) or youth in this protocol.

Notification Requirement

/ NMD youth shall be informed of the option to voluntarily participate in EFC and the benefits of extended care prior to attaining age 18, in preparation for the six month review hearing closest to their 18th birthday. Youth shall also be informed of the right to re-enter EFC, how to re-enter EFC and the process for receiving EFC.
If the youth exits foster care after 18 and prior to reaching maximum age limit, they have the option to re-enter foster care at a later date. These youth must agree to meet one of the participation criteria and be under the maximum age for foster care. The re-entry process is currently being revised and details will be available at a later date.
For details in addition to this section and other information [Refer to FCSHB Section 55-13 CA Fostering Connections Placement Options for Extended Foster Care – NMD and AB12 Non-Minor Dependents, Extended Foster Care Program]

Eligibility Requirements

/ In order for a non-minor to be eligible for extended foster care benefits, they must remain under the jurisdiction of the juvenile court as a dependent and/or placed with the child welfare agency or if placed with a NRLG sign the Mutual Agreement, SOC 162.
Participation in EFC is voluntary and as these youth are legal adults, they may choose to exit foster care at any time after reaching age 18; in some instances this may include an unplanned exit. A Termination of Jurisdiction court hearing is required. At the hearing youth must be informed of the option to remain in care or re-enter while still under the age limits and receive assistance and documents regarding transition services.
Foster youth that reach age 18 and meet the criteria, as outlined below may remain in extended foster care and continue to receive benefits and services are as follows:
·  Beginning January 1, 2012, up to age 19
·  Beginning January 1, 2013, up to age 20 and
·  Beginning January 1, 2014, up to age 21 contingent upon appropriation of funds by the legislature.
Effective January 1, 2012, foster youth who are age 18 and under juvenile court jurisdiction are eligible for EFC up to age 19 regardless of funding source. For example, those NMDs eligible for federal AFDC-FC, state AFDC-FC or CalWORKs prior to age 18 remain eligible for those same programs after age 18 as long as all other eligibility conditions are met. A new Title IV-E determination is not necessary.
Foster youth who were previously federal/state eligible, but became ineligible at age 18 and remained under the juvenile court jurisdiction, may be able to “re-establish” eligibility for federal/state AFDC-FC, provided they meet the new criteria under AB12, without requiring a new IV-E eligibility determination. [For detail information on Eligibility Criteria Refer to ACL 11-61 EFC]

Eligible Youth

/ Eligible non-minors include those who:
·  Turn 18 in 2011 and are in foster care dependency under the jurisdiction of the juvenile court on January 1, 2012
·  Turn 18 in 2012 and thereafter
·  Are on probation and under an order for foster care placement at age 18 during the time frames specified above;
·  Are eligible for either federal or state AFDC-FC
·  Meet any of the above circumstances and are:
o In foster care and pregnant and/or parenting
o In foster care and residing out-of- county or
o In foster care and residing out –of-state.
·  Are in a NRLG established through juvenile court and sign a
mutual agreement to remain in foster care.

Ineligible Youth

/ Ineligible youth include those who:
·  Turn age 18 in 2011 and have juvenile court dependency/delinquency
terminated
·  Turn age 19 in 2011
·  Are married
·  Are in the military
·  Are incarcerated
·  Are otherwise not eligible for AFDC-FC
·  Are in a NRLG through the probate court.
Note: Youth in a NRLG through probate court that are eligible for state-only AFDC-FC benefits may continue to receive the state only benefits only up to age 19 if they continue to meet the high school completion rule.

Special Populations of NMDs

/ 1.  Former foster youth in non-dependent NRLGs established in juvenile court are eligible for extended state-only AFDC-FC payment benefits if:
·  They meet eligibility requirements and at least one of the EFC participation criteria listed above
·  They are a non-minor in a NRLG placement and sign the required mutual agreement for EFC, SOC 162 form.
This agreement is required because there is no current court order for placement and care authority in these cases. Therefore, the mutual agreement serves as the authority for placement allowing AFDC-FC payments to be issued.
2.  Eligible parents who remain in the EFC, with a nondependent child residing with them will still be eligible to receive the infant supplement for the child, including the SILP and THP+FC placements. Additionally, the NMD youth also has the option to remain in, or be placed in, a whole family foster home.
3.  NMDs receiving SSI are eligible to participate in EFC even if they receive SSI instead of AFDC-FC or a combination of both.
Note: If the youth is receiving the AFDC-FC in lieu of the SSI payment because the AFDC-FC is higher, the youth will receive state only funded AFDC-FC at least one month in any 12 month period to maintain eligibility for SSI at the time they exit care. The Social Security Administration must be notified that the youth is not receiving payment during that month to ensure that youth will receive an SSI benefit during one of the months in the 12 month period.

EFC Program Participation Criteria

/ To remain in the EFC after attaining age 18, at least one of the following participation criteria must be met:
1.  Completing high school or an equivalency program (under AB 12, NMDs do not have to complete high school by age 19 to be eligible)
2.  Enrolled in post-secondary education or vocational school
3.  Participating in a program or activity that promotes or removes barriers to employment
4.  Employed at least 80 hours per month; or
5.  Is incapable of participating in any activity as described in 1- 4 due to a documented medical condition.

EFC Program Participation Criteria Definitions

/ 1.  Secondary Education:
To satisfy the criteria of completing secondary education or a program leading to an equivalent credential, the NMD must be enrolled in a program of secondary education. Enrollment includes, but is not limited to, a public, charter, or alternative high school, a non-public school, adult education classes, or any other course of study leading towards completion of a high school diploma, GeneralEquivalency Degree, High School Proficiency Certificate, or CompletionCertification. Enrollment is deemed continuous during any summer or other scheduledbreak in the school program. A NMD who is participating in special education activities as described in his/her Individualized Education Plan is also deemed to be in compliance with this participation condition.
2.  Post-secondary or Vocational Education:
To satisfy the criteria of enrollment in an institution which provides post-secondary or vocational education, a NMD must be enrolled at least half-time. Participants enrolled in post-secondary education or vocational training at less than half time, but in at least one course, do not qualify under this participation condition but can qualify under participation condition number three.
Enrollment in any for-credit or non-credit courses at an institution shall be included as qualifying under this requirement. Formal admission to an institution is not required and includes situations where a student is enrolled in individual courses without being enrolled in the institution. Courses taken at any institution which is licensed to operate in the state of California, or taken at a comparable institution located or licensed to operate in another state, will count toward the participation requirement.
Enrollment is deemed continuous during a summer or other scheduled break in the school program. This provision also applies to participants on a summer or other break from school or who are awaiting admissions determinations or pending enrollment in courses. Additionally, if a student drops courses mid-term (voluntary or involuntary), this shall not result in automatic disqualification from EFC benefits so long as the youth would qualify under another category of eligibility, or is incapable of participating, as described below.
Acceptable documentation for verifying enrollment in Secondary, Post-Secondary or Vocational Education may include, but is not limited to, an unofficial transcript, an electronic copy of the student’s current course schedule, a letter from the institution or other similar documentation.

EFC Program Participation Criteria Definitions (con’t)

/ 3.  Participating in a Program or Activity Designed to Promote or Remove Barriers to Employment:
A program or activity designed to promote or remove barriers to employment is an individualized program based on a youth-centered assessment of skills and needs. Such activities may include, but not be limited to, unpaid employment, volunteer activities, unpaid intern or apprenticeships. Additionally, participation in programs for drug or alcohol addiction treatment will meet these participation criteria. These activities could be self-directed, completed in conjunction with the youth’s caregiver or PSW or part of an organized program. A NMD shall be deemed participating in a program or activity designed to promote or remove barriers to employment as long as the youth is participating in regular meetings with Protective Services Worker to develop and implement his or her TILP.
As the options for satisfying this participation condition are varied there, are no standardized documentation requirements. Documentation can be in written form or documented in case notes in CWS/CMS.
4.  Employed for at least 80 hours per month:
To satisfy this criteria, the NMD must be engaged in full- or part-time employment activities which include, but are not limited to, paid employment, paid internships, apprenticeships, Ticket to Work (for individuals receiving Supplemental Security Income), vocational rehabilitation, or work study programs. As long as the NMD is scheduled to work at least 80 hours a month, he/she shall be deemed to meet this participation condition even if the NMD does not actually work that number of hours due to holidays, illness, excused absences or other circumstances beyond the NMD’s control. As with all Independent Living Program income, earned income shall be disregarded for purposes of eligibility determination as specified in the NMD’s TILP Plan.
Acceptable documentation verifying participation may include, but is not limited to, NMD’s work schedule, pay stubs, a statement of hiring from the employer, or a statement of acceptance from the apprenticeship or internship program. Verification should be obtained in the manner that respects the NMD’s privacy and the confidentiality of their foster care status by enabling the NMD to utilize whatever verification the employer or internship commonly provides and without asking the NMD to obtain any special documentation that may impinge on his/her privacy.
EFC Program Participation Criteria Definitions
(con’t)
/ 5.  Incapable of Doing Any of the Above:
Medical conditions that render a NMD incapable of doing any of the activities described in subparagraphs one to four above include both short-term and long-term medical conditions, as verified by a health care practitioner. A healthcare practitioner is defined as any individual provider who is licensed or otherwise authorized by the state, county or city in which the provider is located to provide services related to physical or mental health. If a NMD does not undertake remedial measures to treat a verified medical condition, he or she will still be deemed to have a qualifying medical condition under this subparagraph.