Non-Traditional Supports and Services for Non-Traditional Supports and Services for Older Youth: Presentation to the PCCYFS Older Youth: Presentation to the PCCYFS

Fall Membership MeetingFall Membership Meeting

Jenny PokempnerJenny Pokempner

Juvenile Law CenterJuvenile Law Center

September 27, 2005September 27, 2005

Why do we need increased supports and Why do we need increased supports and services for older youth?services for older youth?

When they leave care they are experiencing When they leave care they are experiencing high rates of:high rates of:

HomelessnessHomelessness Unemployment Unemployment Low educational achievement (low rates of HS Low educational achievement (low rates of HS

completion and GED, pursuit of post-secondary completion and GED, pursuit of post-secondary education)education)

Early child-bearing Early child-bearing IncarcerationIncarceration Dependence on public assistanceDependence on public assistance

What do We Know about where What do We Know about where Older Youth Are Placed? (2001)Older Youth Are Placed? (2001)

24% were in group homes24% were in group homes31% were in institutional settings31% were in institutional settings36% were in kinship or foster homes36% were in kinship or foster homes5.4% were in Supervised Independent 5.4% were in Supervised Independent

Living PlacementsLiving Placements1.3% were runaways1.3% were runaways.4% were in pre-adoptive homes.4% were in pre-adoptive homes1.4% were on trial home visits1.4% were on trial home visits

What do We Know About How Older What do We Know About How Older Youth Learn to be Independent?Youth Learn to be Independent?

Through experience--by doing (and Through experience--by doing (and making mistakes)making mistakes)

Step-by-step (responsibility and freedom Step-by-step (responsibility and freedom increased gradually over time)increased gradually over time)

When they have the consistent support of When they have the consistent support of some adultsome adult

When they have stability and safety in When they have stability and safety in their livestheir lives

What Does the Law Require for What Does the Law Require for Older Youth In Care?Older Youth In Care?

Reasonable Efforts must be made to Reasonable Efforts must be made to achieve permanency (ASFA, Juvenile Act)achieve permanency (ASFA, Juvenile Act)

Youth must be placed in the least Youth must be placed in the least restrictive, most family like placement restrictive, most family like placement (ASFA, Juvenile Act)(ASFA, Juvenile Act)

IL services must be provided to youth at IL services must be provided to youth at age 16 (ASFA, Juvenile Act)age 16 (ASFA, Juvenile Act)

What Does the Law Require for What Does the Law Require for Older Youth In Care?Older Youth In Care?

IL services must be provided to youth who IL services must be provided to youth who were in care at 16 until age 21 (Chafee were in care at 16 until age 21 (Chafee Act)Act)

Youth can stay in care until age 21 if they Youth can stay in care until age 21 if they are in a program of instruction or treatment are in a program of instruction or treatment (Juvenile Act)(Juvenile Act)

What Does This Mean for What Does This Mean for Providers? Providers?

Reasonable Efforts Reasonable Efforts

to Achieve Permanency to Achieve Permanency

and Least Restrictive, and Least Restrictive,

Most Family-Like PlacementMost Family-Like Placement

How Can Providers Enhance the Opportunity for How Can Providers Enhance the Opportunity for Permanency (in Traditional and Non-traditional Permanency (in Traditional and Non-traditional

Ways)?Ways)?

Special recruitment of adoptive and foster Special recruitment of adoptive and foster homes for older youthhomes for older youth

Creation of specialized support for these Creation of specialized support for these caretakerscaretakers

Specialized Support could take the form Specialized Support could take the form of a collaborative of experts from various of a collaborative of experts from various providers receiving TA from the IL Project providers receiving TA from the IL Project (University of Pittsburgh) able to train and (University of Pittsburgh) able to train and respond to the needs of families respond to the needs of families

Create a continuum of placement types within Create a continuum of placement types within your agency (group, foster, transitional living your agency (group, foster, transitional living placement, supervised independent living placement, supervised independent living placements) that mirror adolescent development placements) that mirror adolescent development

Create standards of practice and rules in your Create standards of practice and rules in your placements that are age-appropriateplacements that are age-appropriate

Provider created continuum allows youth to Provider created continuum allows youth to experience more consistency and establish experience more consistency and establish more lasting relationshipsmore lasting relationships

Recruitment of mentors who can provide Recruitment of mentors who can provide consistency and support throughout placementconsistency and support throughout placement

Creation of an alumni group and/or participation Creation of an alumni group and/or participation in YAB that can provide peer counselingin YAB that can provide peer counseling

Successful programs partner with a church or Successful programs partner with a church or company that has a stable membership and will company that has a stable membership and will have a stake in continuing with the program have a stake in continuing with the program

Tools You Can UseTools You Can Use

A. SWAN Services A. SWAN Services Child specific recruitmentChild specific recruitment Child profile (can help find placement and Child profile (can help find placement and

mentoring resources)mentoring resources) Child preparation (can be used to prepare Child preparation (can be used to prepare

for APPLA or emancipation/independence)for APPLA or emancipation/independence)

B.B. Understanding Reimbursement Structure to Understanding Reimbursement Structure to Aid in Creation of Continuum Aid in Creation of Continuum

TLP and SILS are reimburseable by the state TLP and SILS are reimburseable by the state at about the same cost as foster care and are at about the same cost as foster care and are often less expensive to runoften less expensive to run

SIL services are also reimburseable by the SIL services are also reimburseable by the state and can be used to complement Chafee state and can be used to complement Chafee funds which are smallfunds which are small

C. Use Existing Programs to Increase Staff C. Use Existing Programs to Increase Staff and Adult Supportand Adult Support

Foster Grand Parent Program Foster Grand Parent Program

State Contact: Mary StrasserState Contact: Mary Strasser

215-597-2806215-597-2806

www.seniorcorps.govwww.seniorcorps.gov Americorp Volunteers:Americorp Volunteers:

www.nationalservice.govwww.nationalservice.gov

To Achieve Permanency Discharge To Achieve Permanency Discharge Planning Must be EffectivePlanning Must be Effective

Discharge, like all dispositions, should Discharge, like all dispositions, should serve the youth's best interest and serve the youth's best interest and promote safety, permanence, and well-promote safety, permanence, and well-being being

All discharges should be consistent with All discharges should be consistent with meeting the established permanency goalmeeting the established permanency goal

A Permanency Plan at Discharge A Permanency Plan at Discharge Should IncludeShould Include

– Stable source of incomeStable source of income– Stable housingStable housing– Education and employmentEducation and employment– Health and mental health careHealth and mental health care– Health insurance coverageHealth insurance coverage– Connection with family and/or caring adultsConnection with family and/or caring adults– Connection with community resourcesConnection with community resources

Tools You Can UseTools You Can Use

A.A. Know resources and systems in the Know resources and systems in the “Adult World” “Adult World”

mental health mental health mental retardationmental retardation homeless prevention system (for homeless prevention system (for

housing, not shelter)housing, not shelter) public benefits (MA, TANF, GA)public benefits (MA, TANF, GA) public/subsidized housing system public/subsidized housing system

B. Partner with Agencies that can Provide B. Partner with Agencies that can Provide Concrete Resources for YouthConcrete Resources for Youth

Big Brothers/Big SistersBig Brothers/Big Sisters Churches/companiesChurches/companies Local housing authority Local housing authority Community or housing development Community or housing development

agencies that are more familiar with agencies that are more familiar with applying for supportive housing funds, applying for supportive housing funds, but can use your expertise in case but can use your expertise in case managementmanagement

C. Learn About Other Funding Sources C. Learn About Other Funding Sources

Needs Based Budget process (Luzerne and Needs Based Budget process (Luzerne and York) York)

McKinney Vento Homeless Assistance FundsMcKinney Vento Homeless Assistance Funds County Housing Trust fundsCounty Housing Trust funds TANF (for mother/baby placements)TANF (for mother/baby placements) Runaway and Homeless Youth Act fundsRunaway and Homeless Youth Act funds Foundations (recent interest in this age groupFoundations (recent interest in this age group

—Jim Casey Youth Opportunity Initiative, —Jim Casey Youth Opportunity Initiative, Youth Transition Funders Group, Andrus Youth Transition Funders Group, Andrus Family Fund)Family Fund)

D. Use Your Board MembersD. Use Your Board Members

Use expertise of board members, particularly in the Use expertise of board members, particularly in the area of housing development, low-income tax credits area of housing development, low-income tax credits

E.E. Use The Child AdvocateUse The Child Advocate

If there is not an appropriate discharge plan, the child If there is not an appropriate discharge plan, the child advocate should make an issue of this in court. advocate should make an issue of this in court. Appropriate services or a discharge planning meeting Appropriate services or a discharge planning meeting can be ordered by the court.can be ordered by the court.

II.II. Provision of Independent Provision of Independent Living ServicesLiving Services

Must be provided with Independent Living Must be provided with Independent Living Services at least at age 16 and recorded Services at least at age 16 and recorded at each permanency review (Adoption and at each permanency review (Adoption and Safe Families Act, Juvenile Act)Safe Families Act, Juvenile Act)

Independent Living Services must be Independent Living Services must be provided to youth who were in care until provided to youth who were in care until age 21 (Chafee)age 21 (Chafee)

The Foster Care Independence Act The Foster Care Independence Act (FCIA or Chafee Act)(FCIA or Chafee Act)

42 U.S.C.A. § 677 (1999)42 U.S.C.A. § 677 (1999)Provides more funding for IL services and Provides more funding for IL services and

expanded the types of services that must expanded the types of services that must be providedbe provided

Each county must submit a FCIA planEach county must submit a FCIA planYouth must be included in the planning Youth must be included in the planning

processprocessThe county’s FCIA plan is public The county’s FCIA plan is public

information. You can a request a copy information. You can a request a copy from the IL coordinator or from DPWfrom the IL coordinator or from DPW

FCIA Requires States ToFCIA Requires States To

Provide IL services to youth up until age Provide IL services to youth up until age 21, even after discharged from care21, even after discharged from care

Provide IL services to youth with Provide IL services to youth with disabilities to address their special needsdisabilities to address their special needs

Involve youth in the development of IL Involve youth in the development of IL services and planningservices and planning

Allocate funds to train foster parents and Allocate funds to train foster parents and caregivers on working with older youth caregivers on working with older youth

FCIA Allows States ToFCIA Allows States To

Use up to 30% of their FCIA funds to Use up to 30% of their FCIA funds to provide room and board for youth who provide room and board for youth who have aged out of carehave aged out of care

Extend Medicaid coverage to youth Extend Medicaid coverage to youth who’ve aged out of care until age 21who’ve aged out of care until age 21

– BUT Pennsylvania has not done this yetBUT Pennsylvania has not done this yet

Education and Training Grant Education and Training Grant

In 2002, FCIA was amended to provide In 2002, FCIA was amended to provide vouchers for post-secondary education vouchers for post-secondary education and training for IL youth.and training for IL youth.

Youth may be eligible for up to $5000 in Youth may be eligible for up to $5000 in grants to cover costs not covered by grants to cover costs not covered by existing grantsexisting grants

Applications are available on Applications are available on www.indepdendentlivingpa.orgwww.indepdendentlivingpa.org

Tools You Can UseTools You Can UseA. Participate in county IL planning process A. Participate in county IL planning process

B Be aware of IL services/curriculum offered so it B Be aware of IL services/curriculum offered so it can be reinforced within the placement settingcan be reinforced within the placement setting—enlist the IL workers and/or the IL —enlist the IL workers and/or the IL Project/CBT to help with thisProject/CBT to help with this

C. Get involved in your county’s needsbased C. Get involved in your county’s needsbased budget planning process—IL services are budget planning process—IL services are reimburseable by the state (Chafee funds rarely reimburseable by the state (Chafee funds rarely the demand)the demand)

D. Utilize and Collaborate with All Agencies and D. Utilize and Collaborate with All Agencies and Programs that Provide IL Services to Eligible YouthPrograms that Provide IL Services to Eligible Youth

Transition services for special ed. students in the Transition services for special ed. students in the school systemschool system

Vocational services through OVRVocational services through OVR Instruction and support through the office of MH Instruction and support through the office of MH

and MR (and advocacy agencies like ARC)and MR (and advocacy agencies like ARC) Student support at community collegesStudent support at community colleges

III. Continuation of the Court’s III. Continuation of the Court’s Jurisdiction Jurisdiction

The Court may continue its jurisdiction of a youth The Court may continue its jurisdiction of a youth past age 18 if the youth was:past age 18 if the youth was:

Adjudicated dependent before reaching the age Adjudicated dependent before reaching the age of 18 years and who, while engaged in a course of 18 years and who, while engaged in a course of instruction or treatment, requests the court to of instruction or treatment, requests the court to retain jurisdiction until the course has been retain jurisdiction until the course has been completedcompleted

42 Pa. C.S.A. § 6302.42 Pa. C.S.A. § 6302.

Who Decides?Who Decides?

The right to stay in care (and make the The right to stay in care (and make the request) belongs to the youthrequest) belongs to the youth

The children and youth agency can take a The children and youth agency can take a position on whether the youth is extended position on whether the youth is extended

Ultimately, whether the youth stays in care Ultimately, whether the youth stays in care is up to the judge is up to the judge

What is a “Course of Treatment What is a “Course of Treatment or Instruction”or Instruction”

A course of treatment or instruction should A course of treatment or instruction should be defined broadly to help the youth meet:be defined broadly to help the youth meet:

The permanency goal (including a viable The permanency goal (including a viable discharge plan)discharge plan)

The individual youth's special needsThe individual youth's special needs The goals of the child welfare statutes The goals of the child welfare statutes

(Juvenile Act, ASFA, Chafee) (Juvenile Act, ASFA, Chafee)

It Could Include . . .It Could Include . . .

Post-secondary education or trainingPost-secondary education or training

Mental health or substance abuse treatment Mental health or substance abuse treatment needed to stabilize the youth's situation needed to stabilize the youth's situation

Life skills instruction Life skills instruction

Vocational support servicesVocational support services

Supportive services to complete high school Supportive services to complete high school followed by enrollment in a community college followed by enrollment in a community college

Training in how to find and maintain housing and Training in how to find and maintain housing and obtain needed servicesobtain needed services

The Plenary Power The Plenary Power of the Juvenile Court of the Juvenile Court

Juvenile Court Judges have broad Juvenile Court Judges have broad discretion under the Juvenile Actdiscretion under the Juvenile Act

Juvenile Court Judges can order that any Juvenile Court Judges can order that any services that are required to meet a services that are required to meet a youth’s needs are providedyouth’s needs are provided

In re Tameka MIn re Tameka M., 580 A.2d 750, 755 (Pa. ., 580 A.2d 750, 755 (Pa. 1990); 55 Pa. Code 3130.38 (a) 1990); 55 Pa. Code 3130.38 (a)

Tools for You to UseTools for You to Use

A. Use of courts and child advocate—A. Use of courts and child advocate—whether a youth stays in care is ultimately whether a youth stays in care is ultimately the court’s decision and is appealable the court’s decision and is appealable

B. Get your Juvenile Court to know your B. Get your Juvenile Court to know your program and your youthprogram and your youth

C. Educate your youth so they can make the C. Educate your youth so they can make the request to stay in care or present their request to stay in care or present their discharge plandischarge plan

Contact Information Contact Information

Jenny PokempnerJenny Pokempner

Juvenile Law CenterJuvenile Law Center

1315 Walnut Street, 41315 Walnut Street, 4thth Floor Floor

Philadelphia, PA 19107Philadelphia, PA 19107

215-625-0551215-625-0551

jpokempner@jlc.orgjpokempner@jlc.org

www.jlc.orgwww.jlc.org