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AB 12 Question of the Week
Q: We just discharged a youth in my county from extended foster care (EFC) because she has not fulfilled a participation condition for six months now, and has indicated that she no longer wants to attempt to fulfill a participation condition nor plans on working toward the goals in her Transitional Independent Living Plan (TILP).
The next day she called me and said that she would like to re-enter EFC. I'm concerned that she may not be serious. Can I insist that this young woman wait a specified amount of time before re-entering EFC, or that she show me that she is serious by managing on her own for a while? For the answer, follow this LINK.
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State Issues New Foster Care Rates for 2016-17; Infant Supplement Increases to $900
On July 1, the California Department of Social Services issues All County Letter 16-57, which provides updates foster care rates. The new rates reflect a 2.76 percent increase in the California Necessities Index (CNI).
According to the letter, the basic rate paid on behalf of children living in a foster family home will be $707 for a child birth to age 4, $765 for a child age 5 to 8, $765 for a child age 9 to 11, $843 for a child age 12 to 14 and $883 for a child or non-minor dependent age 15 to 21.
The rate paid on behalf of youth living in Transitional Housing Placement Program Foster Foster (THP+FC) increased to $3,090 for NMD living in a single site or remote side model and $2,459 for a NMD living in a host family setting.
The infant supplement paid on behalf of a parenting dependent in foster care increased significantly due to the passage of the recent budget bill, from $411 a month to $900 per month. The infant supplement paid on behalf of parenting dependents living in a group home increased to $1,379 per month. For the complete list of rates, read full ACL.
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Indian Child Welfare Act Regulations Issued After Nearly 40 Years
On June 8th, the Bureau for Indian Affairs (BIA) released the Final Rule on the Indian Child Welfare Act (ICWA), the major federal law that protects American Indian and Alaska Native children who come to the attention of the child welfare system and helps them stay connected to their families, cultures and communities.
The ICWA passed in 1978, however compliance with ICWA has been inconsistent across and within states. Nationwide, based on 2013 data, Native American children are represented in foster care at a rate 2.5 times their presence in the general population. In California, the disproportionality rate is slightly lower, at 2.1. In some states, Native American children are represented in the foster care system at rates as high as 14.8 times their presence in the general population of that state.
The Final Rule provides more clarity for state courts and state child welfare agencies regarding the ICWA’s minimum requirements. It promotes child welfare best practices and uniformity in state ICWA proceedings—no matter the child welfare worker, judge, or locality handling the case—while still taking into account the unique circumstances of each child.
The BIA issued a letter about the Final Rule to all state governors and tribal leaders, has developed a Frequently Asked Questions document, and issued this press release. The Final Rule can be viewed on the BIA’s website.
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Feds Announce Funding to Serve LGBTQ Homeless Youth & Former Foster Youth
The U.S. Department of Health and Human Services' Administration for Children and Families (ACF) has announced a 24-month special population demonstration project funded through the Runaway and Homeless Youth Act Transitional Living Program that will target Lesbian, Gay, Bisexual, Transgender, and/or Questioning (LGBTQ) runaway and homeless youth, in addition to former foster youth age 18 to 21.
ACF will provide an estimated total of $5 million of funding to eight grantees, each awarded between $250,000 to $625,000 to implement, enhance, and/or support a framework or model that incorporates promising strategies for the effective transition of homeless youth and/or young adults to self-sufficiency.
Eligible applicants are states, localities and private entities (eligible community- and faith-based organizations). Applications are due August 1, 2016. To view the funding opportunity or learn more about the demonstration project, follow this LINK.
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Extensive Guidance Issues on on Federal Every Student Succeeds Act
The United States Department of Education and Department of Health and Human Services has released Non-Regulatory Guidance on Ensuring Educational Stability for Children in Foster Care. This guidance was developed to ensure coherence across implementation of the Every Student Succeeds Act (ESSA) and the Elementary and Secondary Education Act of 1965 (ESEA).
In December 2015, Congress passed the ESSA, which reauthorized the ESEA, and built upon several legislative successes for foster youth including the Fostering Connections to Success and Increasing Adoptions Act of 2008, the Uninterrupted Scholars Act, as well as state efforts to better support the education of children in foster care through increased collaboration between child welfare agencies and education agencies. The ESSA institutes new provisions regarding children in foster care, which take effect on December 10, 2016.
The guidance document consists of forty frequently asked questions covering several topics of interest to state and local child welfare and education agencies: educational stability, school of origin, best interest determination, dispute resolution, transportation, immediate enrollment and records transfer, state and local points of contact, student data and privacy, and collaboration. To download the guidance document, follow this LINK. For more information and resources on the ESSA, visit the Department of Education’s website.
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Report Finds 23% Foster Youth are LGBTQ--More than Half Being Youth of Color
The Center for the Study of Social Policy just released, “Out of the Shadows: Supporting LGBTQ Youth in Child Welfare Through Cross-System Collaboration”. The report offers policy strategies to better support Lesbian, Gay, Bisexual, Transgender, and/or Questioning (LGBTQ) youth and improve equity in child welfare by ensuring all youth have the resources necessary for healthy development, promoting the safety of LGBTQ youth, and committing to achieving permanency for LGBTQ youth.
According to a forthcoming study using data from the National Survey of Child and Adolescent Well-Being - II, LGBTQ youth represent 22.8 percent of children in out of home care, as compared to estimates of 7-11 percent of the general population. LGBTQ youth of color are overrepresented to an even higher degree, with 57 percent of LGBTQ youth in out of home care being youth of color.
The report highlights a number of policies, practices and initiatives across the U.S. that support the recommendations included in the report. In addition to a few community-based efforts in California, the report references recently enacted Assembly Bill 959 (2015), which requires state agencies to allow for voluntary disclosure of sexual orientation and gender identity, and requires public disclosure of trends indicating disparities in well-being.
Also noted is the California’s Continuum of Care Reform, a large-scale effort to reduce congregate care, which among numerous other components, includes a Sexual Orientation, Gender Identity, and Gender Expression (SOGIE) advisory committee. To view the report, follow this LINK.
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