Monthly Archives: June 2016

Trying to develop Parenting Support Plan, but social worker not available

Q: I’m a parenting youth participating in extended foster care and residing in a Supervised Independent Living Placement (SILP). I heard about the support for parenting non-minor dependents (NMDs) in SILPs established by Assembly Bill 2668. I have an adult mentor in place and would like to complete my Parenting Support Plan (PSP) and start receiving the additional $200, but I haven’t been able to get the three of us together to develop my PSP. I really need this financial support now. Is there a way I can get the ball rolling?

A: As of July 1, 2015, AB 2668 went into effect and counties were required to start implementing it.[1] The plan should be developed between the parenting NMD, the identified responsible adult and the social worker or probation officer[2] (in addition to any other individuals identified by the NMD parent).

The law[3] says that the PSP shall be developed as soon as practically possible. It further clarifies that if any of the additional interested participants are not available to provide input in the development of the PSP within the first 30 days of the NMD parent’s request to enter into a plan, the NMD parent and the adult mentor may enter into a PSP for the purposes of fulfilling the requirements of the statute, subject to the approval of the plan by the social worker or probation officer. The PSP may be modified at a later date when the other participants are available. This should help you get the ball rolling so that you can get the PSP completed and submitted to your social worker for approval.

It’s important to keep in mind that the adult mentor must be at least 21 years of age, and undergo a criminal records check and Child Abuse Central Index Check. For additional information about eligible adult mentors and more, refer to All County Letters 15-67 and 16-50.

Citation: All County Letter 15-67 (September 3, 2015), All County Letter 16-50 (June 1, 2016)

[1] WIC section 16501.26(d)

[2] WIC section 16501.26(b)

[3] WIC section 16501.26(b)

Question of the Week: Post-Secondary Education Series

Q: Is a student who exited to guardianship prior to her 16th birthday, but whose dependency case remained open, eligible for Chafee ETV?

A: If a youth has exited to legal guardianship but still has dependency, then it depends on how the language is worded in the individual court order. If the language reads that the youth is in the care, custody and control of the county while in the guardianship, then they would still be eligible for Chafee as this would satisfy the eligibility requirement of being in foster care at some point between 16 and 18 years of age. However, if a young person was in guardianship and the orders state that he or she was in the care or custody of the guardian, then they would not be eligible if the guardianship had been established prior to the age of 16.

Can a county require additional participation conditions for EFC?

Q: I’m finishing high school and participating in Extended Foster Care. I was told that in order to stay in Extended Foster Care in my county, that just going to school wasn’t enough, and that I had to also be working or participating in an extra-curricular activity to show that I’m motivated and making progress. I thought going to school fulfilled a participation condition, allowing me to continue in Extended Foster Care as long as I meet all other eligibility requirements? Has something changed?

A: No, nothing has changed. You are correct.

To participate in Extended Foster Care, a youth must:

(1) have an order for foster care placement on his/her 18th birthday;[1]

(2) continue under the jurisdiction of the juvenile court as a dependent, under transitional jurisdiction or as a ward;[2]

(3) meet one of the five participation conditions;[3]

(4) agree to live in a supervised placement that is licensed or approved under the standards for 18 to 21 year olds;[4] and

(5) sign a mutual agreement (note: this is not a condition of payment),[5] meet with his/her social worker or probation officer every month,[6] and participate in six‐month review hearings.[7]

The participation conditions are as follows:

(1) Completing high school or equivalent program (i.e. GED) (enrollment is defined according to the definition employed by the school or program); OR

(2) Enrolled in college, community college or a vocational education program (half‐time enrollment, as the college, community college or vocational program defines half‐time enrollment); OR

(3) Participating in a program or activity designed to remove barriers to employment (this is the “safety net” category which is intended to capture all youth who are not eligible under the employment or education conditions) OR

(4) Employed at least 80 hours a month (this must be paid employment); OR

(5) Unable to do one of the above requirements because of a medical condition (short‐ or long‐term medical or mental health condition as verified by a health practitioner but youth does not have to be currently seeking treatment).[8]

By being enrolled in high school or an equivalent program, you are meeting one of the participation conditions for Extended Foster Care. A county cannot discharge a youth from Extended Foster Care for failing to meet additional requirements beyond what is required by law.

Citations:

[1] Welfare & Institutions Code (WIC) § 11400(v)

[2] WIC § 11400(v)

[3] WIC § 11403(b)

[4] WIC § 11402 et seq.

[5] WIC §§ 303(d), 11400(u); All County Letter 11‐61

[6] 42 U.S.C. § 622(b)(17); ACYF-CB-PI-10-11 (p. 11)

[7] WIC § 366.3(m)

[8] WIC § 11403(b)(5); All County Letters 11‐61 and 11‐69