INDEPENDENT LIVING

1
INDEPENDENT LIVING

• Providing a Seamless Transition to Youth Aging
  Out of Foster Care

2
Role of Guardian Ad Litem Program

• Best Interests Representation in the IL arena
• Rights driven area of law
• What does it mean to represent a childs best
  interests in IL arena?
• An open ended and potentially vague term
• Washington State v. Keffeler, 537 U.S. 371, 390
  (2003).
• Staff conflict cases

3
Transition Issues

• Education
• Payment
• Employment
• Finding a Job
• Having a home
• Food, Furniture, and Money
• Mentor
• Services
• Agency for Persons with Disabilities
• Mental Health/Substance Abuse

4
Transition Issues

• Medical/Dental Problems
• Social Security Benefits
• Application
• Guardian of the person/property
• Last Minute Changes
• Actual Receipt of Services
• Structure of Service Provision
• Independent Living Budget

5
Floridas Independent Living Scheme

• Pre-Transition
• Pre-Independent Living and Life Skills Services
• Subsidized Independent Living Services
• Education and Job Planning
• Transition
• Road to Independence Program
• Aftercare Support Services
• Transitional Support Services
• Extension of Jurisdiction

6
Pre-independent Living and Life Skills Services,
409.1451(4)(a)(b)

• Pre-independent Living Services
• 13 or 14 years old living in foster care
• Annual staffing
• Pre-independent Living Assessment
• Services include, BUT ARE NOT LIMITED TO, life
  skills training, educational field trips, and
  conferences.
• Report shall be signed by child.

7
Pre-independent Living and Life Skills Services

• Life Skills Services
• 15 through 17 years old living in foster care
• Staffing every six months to ensure that the
  appropriate independent living training and
  servicesare being received and to evaluate the
  progress of the child in developing the needed
  independent living skills.
• Life Skills Assessment
• Independent Living Assessment post 17th birthday
• Report shall be signed by child.

8
Pre-independent Living and Life Skills Services

• Facts Child lives in group home. CBC
  contracted to provide IL training, but group home
  provides the IL training.
• Issue Is the training received by child
  contemplated by the Legislature?

9
Subsidized Independent Living Services

• Living arrangement allowing the child to live
  independent of adult daily care and supervision
  in unlicensed setting.
• Services are part of an overall plan leading to
  the total independence of the child from the
  departments supervision.
• Subsidy payments may be made directly to the
  child or to adult approved by DCF.

10
Subsidized Independent Living Services409.1451(4)
(c)

• When 16 or 17 years old, MUST be evaluated for
  placement in subsidized living arrangement if
• Adjudicated Dependent
• Placed in licensed out-of-home care for prior 6
  months
• Has permanency goal of adoption, independent
  living, or long-term licensed care
• Demonstrates IL skills as determined by DCF using
  established procedures and assessments

11
Subsidized Independent Living Services

• Facts Child is 16 years old and has lived in
  licensed out-of-home care since she was 11.
  Child has been adjudicated dependent . The Case
  Plan goal is APPLA. DCF has approved her for
  services. Child lives in community where DCF has
  no established relationships with landlords.
• Issue Will child be blocked from receiving
  eligible services?

12
Education and Job Planning409.1451(3)(b)

• Department of Children and Families and Community
  Based Care Provider are to help ensure children
  in foster care aged 13 are ready for
  postsecondary education and the workplace.
• Once child is 14, Case Plan shall include an
  educational and career path based upon the
  abilities and interests of each child. Child is
  included in development of this path and may
  change path based upon changing needs.
• Case Plan reviewed at each judicial hearing.

13
Education and Job Planning

• Child SHALL choose either
• Attending 4 year college
• Receiving 2 year degree
• Attaining postsecondary career and technical
  certificate
• Beginning immediate employment after completing
  high school, receiving GED, or enlisting in
  military

14
Education and Job Planning

• Facts Child is behind two years in school, but
  remains on standard diploma track with a 2.0 GPA.
  Child will age out in five months and wants to
  complete her high school education. She wants to
  be a nurse.
• Issue Childs school and DCM want to change her
  track from diploma to GED. Must child agree to
  the change?

15
Road to Independence Program409.1451(5)(b)

• Created to help former foster children receive
  educational and vocational training needed to
  achieve independence.
• Maximum benefit determined by youths living and
  educational needs, but not to exceed an amount
  equal to 40 hour work week payable at federal
  minimum wage. Minimum payment 25.
• Benefit calculation must consider grants,
  scholarships, waivers, earnings, and other income
  to be received by youth.
• Benefits terminated when child attains one of
  four postsecondary goals under 409.1451(3) or
  reaches 23 years.

16
Road to Independence Program

• Eligible
• Initial award, 18-20 years old OR
• has earned standard diploma/equivalent or special
  diploma/ certificate of completion
• Renewal award, under 23 years of age
• -- Dependent child
• living in foster care or subsidized independent
  living when turn 18
• is currently in licensed foster care or SIL or
• is at least 16, adopted or placed with guardian
  AND has spent minimum of 6 months in foster care
  immediately preceding such placement or adoption

17
Road to Independence Program

• Eligible
• At least 6 months living in foster care before
  turning 18
• Resident of Florida
• And one of the following
• Earned diploma/equivalent or special
  diploma/certificate of completion AND has been
  admitted for full-time enrollment into eligible
  postsecondary education institution
• Enrolled full time in accredited high school OR
• Enrolled full time in accredited adult education
  program

18
Road to Independence Program

• Full time student is determined by educational
  institution, not DCF or CBC. Must have
  recognized disability to not attend full time.
• Renewed annually 90 days prior to next birthday.
• Renewal award eligibility
• Complete full time education hours for past year
• Maintain appropriate progress as required by
  educational institution
• One time reinstatement allowed for youth not
  qualifying for renewal or who has chosen not to
  renew.
• Restore eligibility
• Improve progress to level required by educational
  institution

19
Road to Independence Program

• Facts Child is 17 years old and has lived in
  foster care for three months. Her IL Plan calls
  for her to remain with her foster family paying
  rent using her Road to Independence Program
  benefits. Two months later, she aged out living
  in foster care.
• Issue Is she eligible for these benefits?

20
Road to Independence Program

• Facts Youth turned 18 last week. He lived in
  foster care for 2 years after being adjudicated
  dependent. He now lives with his cousin into
  whose home he moved a week before turning 18. He
  applied for Road to Independence Program
  benefits.
• Issue Is he eligible for these benefits?

21
Road to Independence Program

• Facts Youth receives RTI. After turning 19, he
  moved out of State to attend college.
• Issue Does he remain eligible for RTI benefits?
• Facts Youth lived out of state with a relative
  who was a licensed foster care placement.
• Issue Is child eligible for RTI benefits?

22
Road to Independence Program

• Facts Youth receives RTI and attends school
  regularly. Shes pregnant. When she has her
  baby, her doctor wants her to remain at home for
  6 weeks.
• Issue Will she continue to receive RTI?

23
Aftercare Support Services 409.1451(5)(a)

• Services include, BUT NOT LIMITED TO
• Mentoring/Tutoring
• Mental Health/Substance Abuse counseling
• Life skills and Parenting classes
• Job, Career, and Financial Literacy Skills
  Training
• Temporary financial assistance
• Temporary assistance to prevent homelessness

24
Aftercare Support Services

• Eligible
• 18-22 years old and services requested before 23
• Leaves foster care at 18
• Eligibility determined by DCF
• Services provided by DCF or community
• Services determined by needs assessment

25
Aftercare Support Services

• Facts Youth received Aftercare Support Services
  immediately after turning 18 in order to move
  into an apartment. Youth has now moved again and
  needs further assistance.
• Issue Are these services a 1 time payment?
• Additional Facts Youths home needs maintenance
  repairs.
• Issue Can these services be used?
• Additional Facts Child was in foster care for 5
  months.
• Issue Is child eligible for these services?

26
Transitional Support Services409.1451(5)(c)

• Appropriate short-term funding and services,
  which may include
• Financial
• Housing
• Counseling
• Employment
• Education
• Mental health
• Disability
• Other

27
Transitional Support Services

• Eligible
• 18-22 years old
• Formerly in foster care
• Dependent child under chapter 39
• Living in licensed foster care OR subsidized
  independent living when turns 18
• At least 6 months in foster care before turning
  18
• Eligibility determined by DCF

28
Transitional Support Services

• Youth must demonstrate that services are CRITICAL
  to his/her own efforts to achieve
  self-sufficiency and to develop personal support
  system. Services terminate when no longer
  critically needed.
• DCF/CBC work with Youth to develop Joint
  Transition Plan based on needs assessment. Plan
  includes tasks for which youth is accountable and
  to complete.

29
Transitional Support Services

• Facts Youth has critical need for financial
  services, but is not in school.
• Issue Is youth eligible for services?

30
Judicial Review39.701

• Within 90 days after 17th birthday, disability of
  nonage shall be removed to allow youth to sign
  lease.
• JRs as often as possible until 18
• Child shall be given opportunity to address court
• After 17, Case Plan must include provided IL
  services since 13 or foster care
• Court may issue Order to Show Cause

31
Judicial Review

• DCF shall verify that child has received
• Medicaid card, birth certificate, FL ID,
• Training on budgeting, banking skills,
  interviewing and parenting
• Has open bank account or ID necessary to open
• Clear understanding of where she will be
  living, how living expenses will be paid, and
  what school she will attend

32
Judicial Review

• Giving notice of right to petition for extended
  jurisdiction and encouraged to attend all JRs
  after 17
• Information on
• Eligible benefits, including RTI
• Accessing Master Trust funds
• Public Assistance

33
Extension of Jurisdiction39.013(1)

• Jurisdiction retained until child turns 18 UNLESS
• Youth petitions the court ANYTIME before 19th
  birthday requesting continued jurisdiction
• Court MAY retain jurisdiction until 19th birthday
  to determine whether a child in care before 18th
  birthday has been provided APPROPRIATE
• Aftercare/Transitional Support Services
• Road to Independence Program Services
• Mental Health/Developmental Disabilities Services

34
Extension of Jurisdiction

• Misconception Extension of Jurisdiction
  absolutely necessary for provision of services
• Benefit Gives youth support during transition

35
Extension of Jurisdiction

• Facts GAL attorney represents the Program. The
  volunteer represents the best interests of the
  child.
• Issue Does GAL attorney file motion to extend
  jurisdiction?
• Additional Fact Child has IQ of 50.
• Issue Same question.

36
Actual Receipt of Services

• Understand working relationship between DCM and
  ILCM
• Who does what and when
• Structure of Service Provision
• Community Based Care Providers Contract with the
  Department
• Subcontractors Contract with Community Based
  Care Provider

37
Actual Receipt of Services

• Independent Living Budget
• Impact on service availability
• Impact on service eligibility
• Impact on service delivery

38
Advocating to Solve Transition Issues

• Childs participation in planning and Court
  hearings
• Understand childs needs
• Plan Ahead
• Make sure child understands rights
• Example School enrollment vs. attendance

39
Advocating to Solve Transition Issues

• Know
• Independent Living Law and Rules
• Available IL and Other Benefits and Services
• Independent Living Placements
• Service Provision Structure
• GALP website resources
• Ensure IL Plan in place before 18th birthday
• Assist beyond 18th birthday

40
Advocating to Solve Transition Issues

• Develop relationship with director of
• Local DCF Office
• Local Community Based Care provider
• Local Independent Living Service provider
• Local Agency for Persons with Disability
• Establish
• Relationship with
• CBC Revenue/Benefits Department
• Community Service Providers
• IL Stakeholder Group
• Design and Establish IL Court
• Judges Baumann, Blanc and others

41
Advocating to Solve Transition Issues

• Establish a Proactive Litigation Design
• Active motion practice
• Resolve all eligibility issues with Court orders
  so in transition no one case question eligibility
• Develop working relationship with Childrens
  Legal Services
• Attorney/Volunteer Meeting Schedule
• Active Volunteer Assignment and Court Presence
• Assign volunteer relatable to teen

42
Advocating to Solve Transition Issues

• Understand
• Impact of legal permanent residency status upon
  receipt of benefits
• Continuation of SSI and SSA benefits
• Impact of developmental disability on child
  receiving services
• Representative Payee
• Guardian of person/property
• APD Services
• Crisis Waiver