Fostering Connections Act Kinship Provisions National Implementation Overview

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Fostering Connections Act -- Kinship
ProvisionsNational Implementation Overview

• CWLA/CFP Community Event
• Dallas, Texas
• November 4, 2009

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FCA kinship provisions

• Kinship Guardianship Assistance Payments for
  Children
• Family Connection Grants
• Notification of Relatives
• Licensing Standards for Relatives
• Sibling Placement

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Kinship Guardianship Assistance
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FCA provisions

• Section 101 allows states to obtain a waiver to
  use Title IV-E money for guardianship assistance
  for Title IV-E eligible children exiting foster
  care
• This assistance is for children for whom
  reunification with the parents and adoption have
  been ruled out.

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Kinship guardianship assistance

• Before the FCA, 38 states and DC were offering
  some form of subsidized guardianship to children
  in foster care without regard to Title IV-E
  eligibility
• 5 states were even offering it to children who
  had no contact with the child welfare system
• States funded these programs through TANF, Title
  XX social services block grant monies, state and
  county funds

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Limitations with pre-FCA programs

• no ongoing reliable federal funding source.
• Why move a child from reliable funding source to
  something not reliable?
• As a result, many of these programs were
  underutilized
• So allowing states to use IV-E monies for these
  permanency options was big victory for kinship
  care community

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States taking up the option

• Although no state legislation required to
  implement the option, some states are doing this
  as a first step
• www.grandfamilies.org tracks this legislation
• We know that Arkansas, Colorado, Michigan, New
  York, Texas, and Washington have passed laws this
  year adopting this option

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States taking up the option cont.

• Connecticut, District of Columbia, Maine,
  Missouri, Oregon, Pennsylvania, Rhode Island, and
  Tennessee have submitted plans to the Childrens
  Bureau to operate programs.
• Pennsylvania and Rhode Island have been approved.
  

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Points of clarification to FCA to consider

• A definition of relative a person related by
  blood, marriage or adoption or a godparent or
  family friend with whom the child has a close
  relationship. 
• Allow adjustments to the payment rate to
  accommodate a childs special needs.
• A description of the additional services for
  which a guardian may apply.

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Points of clarification to FCA to consider

• Good practice to have the court making the
  permanency decision review the case plan
  requirements, the agencys determinations and/or
  the guardianship assistance agreement.
• To do this, the agency must be required to
  include a description of their determinations
  and/or the agreement as part of the petition for
  guardianship.

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Points of clarification to FCA to consider

• Also, if possible, the same court making
  permanency decisions should have jurisdiction to
  grant the legal guardianship and review petitions
  to modify the legal guardianship.
• If not possible, a procedure should be
  established for sharing information among the two
  courts.

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Concern with FCA

• States previously serving non Title IV-E eligible
  children may stop

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Michigans new law

• Michigan has some inclusive language in its
  recent Public Law
• A child who is not eligible for title IV-E
  funding who is placed with a licensed foster
  parent, related or unrelated, and who meets the
  requirements may be eligible for state-funded
  guardianship assistance. MI Public Act 15 of
  2009

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Family Connection Grants
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Grant program

• The new law authorizes 15 million annually
• (up to 30 new grants annually)
• Reserves 5 million of the funds for kinship
  navigator programs exclusively
• Competitive federal grants may be used for
• Kinship navigator programs
• Intensive family finding
• Family group decision-making
• Residential, family-based substance abuse
  treatment

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Grant recipients

• Up to 1,000,000 per year for up to 3 years.
• 24 recipients announced late September 2009,
  including the Oklahoma Department of Human
  Services

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Notification of Relatives
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FCA provisions

• Section 103 requires that states exercise due
  diligence in locating and notifying relatives
  within 30 days after children are removed from
  their parents home.
• Provides exception for family or domestic
  violence.
• Requires that the notice contain certain
  elements, including an explanation of the
  relatives options.

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New state notification laws

• Ten states Arkansas, California, Colorado,
  Connecticut, Georgia, Indiana, Iowa, Minnesota,
  North Dakota, and Oklahoma have enacted new
  notification laws or amended prior notification
  laws that reflect the FCA.
• The District of Columbia, Idaho, Pennsylvania,
  Vermont, Virginia, and Wyoming have incorporated
  the new requirements in their relevant Policy
  Manuals or State Policy Bulletins.

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Notification laws from before FCA

• Eight additional states -- Florida, Illinois,
  Kentucky, Maryland, New York, Oregon, Texas, and
  Washington -- have notification laws from prior
  to the FCA that have yet to be amended to reflect
  the new federal requirements.
• Nebraska and Texas have notice requirements in
  their relevant Policy Manuals that also predate
  and are inconsistent.

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Pending notification legislation

• Three state legislatures have introduced
  legislation that would implement the provisions
  from the FCA Kansas, Ohio, and Wisconsin.
• Two additional states Michigan and Oregon --
  have pending legislation that requires some type
  of identification and/or notification, but the
  language differs from that required by the FCA.

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Action needed

• Legislative or agency policy action is also still
  necessary in half of the states that have no
  relative notification statutes, pending
  legislation, or provisions in their relevant
  Policy Manuals.

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Examples from states that further refine FCA
provisions due diligence

• FCA doesnt define due diligence and most
  states dont either
• Nebraskas policy manual does
• Diligent efforts include, at a minimum, asking
  the parent or guardian and the child, when
  appropriate, for information following up on
  leads providing by collateral contacts or family
  members and, if parents whereabouts are
  unknown, making a referral to the Federal Parent
  Locator Services. Efforts made and the results
  of these efforts must be documented.

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Examples from states that further refine FCA
provisions notice exception

• Arkansass new law, enacted on March 9, 2009,
  describes when notice not required
• the adult grandparents or other adult relatives
  have (A) A pending charge or past conviction or
  plea of guilty or nolo contendere for family or
  domestic violence or (B) A true finding of child
  maltreatment in the Child Maltreatment Central
  Registry. 2009 Ark. Act 1311.

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Considerations for notice exceptions

• Who will be making the determination of family
  or domestic violence and consequently whether
  notification should not be given?
• Should documentation of just cause be required
  for not giving notice to a grandparent or other
  adult relative?

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Examples from states that further refine FCA
provisions continuing efforts

• Oklahoma, in its new notification statute,
  enacted in May 2009, allows the state to notify
  relatives not only for suitable placement, but
  also to maintain the childs connection to kin
  or culture. Okla. Stat. tit. 10, sec.
  7003-2.4(E)(2001) SB 339, 2009 Reg. Sess.
  (Okla. 2009).

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Examples from states that further refine FCA
provisions options

• California has new law enacted 10/11/09 that
  specifies that information must be given to
  relatives about specific programs for relative
  caregivers and the law lists those programs
• It also requires that relative be told of other
  options for contact with the child, including
  visitation AB 938 (Cal. 2009). Chapter 261,
  Statutes of 2009.

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Examples from states that further refine FCA
provisions options

• Minnesotas law does not list the various care
  and placement options. It did, however, retain
  its provision from prior to the FCA that a
  decision by a relative not to be a placement
  resource at the beginning of the case shall not
  affect whether the relative is considered for
  placement of the child with that relative later
  Minn. Stat. sec. 260C.212(5).

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Examples from states that further refine FCA
provisions penalty provision

• Consider whether a penalty for not providing
  notice is necessary.
• A penalty provision is rare.
• Connecticut had a failed bill, which included
  that the failure to document such reasonable
  efforts shall give the parent or child the right
  to sue the state. SB 627, Gen. Assem., Reg.
  Sess. (Ct. 2009).

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Licensing Standards
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FCA provisions

• Section 104 provides that states may waive
  non-safety licensing standards on a case-by-case
  basis in order to eliminate barriers to placing
  children safely with relatives in licensed homes.
  
• It also requires the U.S. DHHS to submit a report
  to Congress within two years on state licensing
  standards for relatives and recommendations to
  increase the number of licensed relative foster
  homes

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Sibling Placement
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FCA provisions

• Section 206 requires states to make reasonable
  efforts to place siblings together
• If siblings are not placed together, the state
  must make reasonable efforts to provide frequent
  visitation or other ongoing interaction between
  the siblings

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State implementation legislation

• Minnesota, North Dakota, Oklahoma and Washington
  have passed recent provisions.
• California and New York have pending legislation.

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For more information

• www.grandfamilies.org is the website for the
  Grandfamilies State Law Policy Resource Center,
  funded by CFP.
• Center staff at GU and the ABA are available to
  provide specific TA to state legislators or
  agencies.
• The website contains laws, legislation, analyses,
  personal stories, and links to other kinship care
  resources. It is a one stop shop for kinship care
  issues.
• Also consult www.fosteringconnections.org for
  information supporting implementation of the FCA

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Contact

• Ana Beltran
• Special Advisor
• Generations United
• abeltran_at_gu.org
• www.grandfamilies.org
• www.gu.org