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Helping Grandparents and
Other Relatives Without
Legal Guardianship Access
Educational Services
Statewide Parental Involvement Conference
San Marcos, TX
December 6, 2014
Guardianship
Access Educational Services
ABOUT THE PRESENTER
Jeanne Stamp LCSW, LMFT, LCDC
Senior Program Coordinator
Texas Homeless Education Office
Charles A. Dana Center, UT @ Austin
512-475-6898 1-800-446-3142
www.utdanacenter.org/theo
2
Today’s Goal
To assist non-guardian “parents” to understand how to ensure the children in their care receive all the benefits to which they are entitled under Federal and State laws.
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Whom are we talking about?
862,624 children under age 18 live in homes where the householders are grandparents or other relatives (12.6% of the children in the state)*
Of these: 653,556 live with grandparents who are the householders (9.5% of the children in the state)
AND
209,068 live with other relatives who are the householders (3.1% of the children in the state)*
*U.S. 2010 Census
4
Whom are we talking about?
313, 499 children live in homes with grandparent householders where grandparents are responsible for them
Of these children, 100,399 have no parents present in the home
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Three possible scenarios
• Informal placement (is MV eligible)
• Informal placement (is not MV eligible)
• Formal placement: foster or kinship
care (is not MV eligible)
When McKinney-Vento Applies
When a child in informal care is living with a friend or relative because the child lacks his or her own permanent housing --eviction or foreclosure --loss of job or reduction in pay --parents go to jail --parents are on drugs --parents are not mentally stable --parent engaged in prostitution --serious illness or death of parent(s) --parents abandon child
When McKinney-Vento does not
Apply
When a child is in foster care, s/he is not “awaiting foster care placement” and therefore is not McKinney eligible
Texas discerns between formal and informal out-of-home care
What is a foster child?
• Child/Youth whom CPS has taken legal
control over via court proceeding – TMC or
PMC
• 2085FC and 2085E
• Does not include children who are
voluntarily placed with someone else
pursuant to a CPS compelled safety plan
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Many Children are Placed with
Caregivers with CPS Involvement
but no Court Proceedings
10
Volunteer Caregiver – no change in custody, criminal
background checks, Safety Plan or Family Plan of Service
MV Eligible? Formal vs. Informal Substitute Care
Common situation: CPS receives an intake of possible
abuse or neglect in the home. They visit the home, feel
uncomfortable leaving the children there, but are not
ready to make a finding or place the children in foster
care. CPS asks the family to identify a relative or friend
with whom their child can stay while CPS continues its
investigation. The parent identifies a grandparent. The
CPS caseworker drives the children to the
grandparent’s home, speaks with the grandparent
awhile, perhaps walks around the home, and leaves the
child there with some instructions, usually not to allow
the parent access to the child until approved by CPS,
and a 2298 Safety Plan form.
MV Eligible? Formal vs. Informal
Substitute Care
•Does CPS have custody/is child a ward of state?
•Is the home licensed or certified?
•Is it a kinship or foster home?
•Has there been a home study?
•Is the family receiving financial support from CPS?
ANSWER:
No = informal & MV eligible
Yes = formal & not MV eligible
Informal Care
•Ask CPS worker to get a signed power of Attorney
from the parent so that the grandparent may enroll
the child in school, access medical and mental health
services
Ask the CPS worker for a timeline for the
investigation and how long the child might be with the
grandparent
Ask whether there is any financial or service support
available to the child/grandparent
Intake Process
1. Statewide Intake 1-800-252-5400
2. Staff with SWI Supervisor –determine priority
3. Screener reviews based on old case or new
info
4. Investigations Supervisor reviews and assigns
5. Investigator – contacts reporter, contacts child
based on priority : 1= emergency -24 hrs, 2= 72
hours to contact the victim, staffs with
supervisor to determine disposition
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Intake Process
6. Disposition:
• No risk or controlled – case is referred to community resources or is closed,
• Family Based Safety Services (FBSS) – some risk, safety plan implemented, case is opened for services
• Legal Unit (Sub Care) – child is removed
Foster Care Child returned home
Kinship Care Child with relatives
Adoption Emancipation
Long-term Foster Care/Custodial Care
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Types of Out-of-Home Placement
• Child/Youth whom CPS has taken legal control over via court proceeding – Temporary Managing Conservatorship (TMC) or Permanent Managing Conservatorship (PMC)
• Placed by CPS in a formal individual or group foster or kinship home or residential treatment center
• Children who are “voluntarily” placed
• Children who have left home or been pushed out of their homes and taken in by a relative or family friend
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Foster Children and Homeless
Children Have Much in Common
High mobility
Instability
Numerous school changes
Records loss
Group living
Trauma
Issues of Entering Foster Care are
Similar to Becoming Homeless
Removed from home/parents/siblings May not have had opportunity to say good-bye
Uncertainty about where parents/siblings are
Living with strangers – In strange house/room/bed – Strange customs/routine – Other children in home
Issues of Entering Foster Care are
Similar to Becoming Homeless
Few or none of their possessions Lucky to have one bag of belongings How much can I carry?
Uncertainty about future Where will I live? Will I return home? Will I have a home? Where will I go to school?
Issues of Entering Foster Care are
Similar to Becoming Homeless
PARENTING SAFETY EDUCATION MENTAL HEALTH GANGS DRUGS COMMUNITY RESOURCES HOUSING
SHAKEN TRUST
Children experiencing homelessness, similar to foster children, experience the trauma of loss:
Home and room
Neighborhood and family members
School and community
Possessions
Security and safety
Self-esteem
Predictable routines
Grief and Loss in Common
Educational Challenges
•
Education is the most
reliable remedy for
poverty and
homelessness
Barriers to Educational Success
Frequent school changes - sets child back academically 4-6 months with each change
Enrollment delays due to lack of records
Absences due to mobility or appointments -health, mental health, legal, etc.
Lack of consistent advocacy for educational needs
Simultaneously dealing with significant personal and family issues
Barriers to Enrollment & Attendance
Lack of guardianship Lack of school records/birth certificates
Lack of immunizations/immunization records
Lack of transportation
Lack of information regarding rights
and choices
Lack of school supplies
Lack school clothing
Barriers to School Success
Place to do homework
Ability to concentrate
Resources to do extracurricular and
enrichment activities
Mental health resources: trauma PTSD,
mental health adaptations to situation
Physical health care
The McKinney-Vento Homeless
Education Assistance
Improvements Act of 2001
Also known as
Title X, Part C, of No Child Left Behind
Federal Law: Provides Educational Supports
Removal of barriers to enrollment, attendance
and school success
Right to stay in the school of origin
Transportation to and from the school of origin
Provision of Comparable services
Access to special programs
McKinney-Vento addresses identification,
enrollment, attendance, and school success
Immediate enrollment even w/o records
Homeless Liaison in every district:
http://www.utdanacenter.org/theo/directory/a
lphas.php?letter=A
Additional Rights
• Right to enroll without parent or legal guardian
• Right to enroll without proof of residence or a
permanent residence
• Automatic eligibility for Pre-K
• Automatic eligibility for nutrition services
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The 81st and 82nd Texas
Legislation that supports federal
law
The State Law: educational supports
Texas State Education Code
Section 29.153
A child is eligible for enrollment in PK if the child is at least three years old and is
1) unable to speak/ comprehend English
2) educationally disadvantaged
3) homeless
4) in home of active duty military
5) in home of military personnel injured or killed
6) foster child
Pre-Kindergarten
Grandparents and other caregivers need
access to school records:
Secure and Maintain School Records
Blueprint to child’s past - must be complete and follow the child
Helps determine if child’s educational needs were being met while in parent’s care
Appropriate sharing of records in order to meet child’s needs and ensure current educational placement and services are appropriate
Secure and Maintain School Records
Smooths transitions when moves are necessary
Confidentialitiy restrictions get in the way of
sharing information: Records may not be
shared in a timely manner
Because of child’s mobility, records are
incomplete, missing, or inaccurate
Maintain School Continuity
and Stability
Children in foster care and homeless situations were often having positive school experiences prior to placement or homelessness - keep in school of origin
Stable environment is essential for academic success: friends, teachers, activities are also important
When a move is necessary, are students enrolled immediately? Smooth transitions?
Are records sent in a timely manner? Within 10 days?
Communicate with/within the
School System
Necessary to ensure optimal
services for foster and homeless
children
-Administrators
- Counselors
- Teachers
- Liaisons*
- Caseworkers
- Interagency agreements
Ensure Good School
Services and Placements
Education Service Plan
Mentoring, tutoring, after-school or summer enrichment programs, counseling groups
Students should be granted access to all special services for which they are eligible
Appropriate placement in class increases likelihood for success
Obtain Special Education
Services and Placements
• Children with disabilities or impairments impacting school performance are entitled to additional services and supports
• 30 – 40 % of children in foster care receive special education services
• As many as 70% of incarcerated youth suffer from disabling conditions
• Special ed can address children’s unique needs
Ensure Fair Discipline in School
Children in homeless and foster situations
must be treated fairly and equally when it is
necessary to apply disciplinary rules -
disproportionality studies show uneven
application of rules and levels of discipline
Ensure Fair Discipline in School
• Foster and homeless youth
disciplined more than other youth
• Behaviors related to homelessness,
abuse & neglect history
• Understanding of school discipline
policies and procedures
• Strong advocacy needed
Keep Older
Children in School
High school completion is critical to success in
adulthood - 51% foster youth graduation rate
(compared to 79% non foster youth) (GED
rates 2X that of non foster youth)
Higher education pursuits are important for
independence and future (Only 10% of foster
youth go on to higher education – 0nly 3% get
a four year degree, 1% get advanced degree)
Older Children Need
to Remain in School
Why Do Teens Drop Out?
Legal right to leave school
Behind and bad school experiences
Frequent moves, both school and residence = lack of credit = inability to graduate
Don’t see benefit in staying in school--often don’t seem to fit in with others
Higher/vocational ed out of reach
Lack planning and future vision
Undocumented Foster Youth
• Youth in foster care system who are not U.S. Citizens or lawful permanent residents should adjust immigration status BEFORE turning 18
• Special Immigrant Juvenile Status (SIJS) is probably available
– Criminal record complicates
• CPS is supposed to have its attorneys apply for SIJS but frequently it does not happen
• Call Texas Foster Youth Justice Project if there is any concern that the matter is not being addressed 877-313-3688 or [email protected]
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Free Application
for Federal Student Aid
(FAFSA)
•The definition of independent student in the FASFA now includes
•• unaccompanied homeless youth
• youth who are in foster care at any time after the age of 13 or older
• youth who are emancipated minors or are in legal guardianships
as determined by an appropriate court in the individual's state of
residence
Other Benefits
• Supplemental Security Income (SSI) –
complete application if a disability
• Temporary Assistance for Needy Families
(TANF) – complete application if a parent
• Supplemental Nutrition Assistance
Program (SNAP) – individual or family
eligibility, unaccompanied youth and
underage youth can apply and receive
benefits (Food Stamps)
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http://www.texasyouthconnection.org
http://www.dfps.state.tx.us
Hotline: 1-800 446-3142
Jeanne Stamp: 512-475-6898 [email protected]
www.utdanacenter.org/theo
Contact THEO
