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BREAKOUT SESSION 1: Understanding Eligibility and Benefits for Transition Aged Youth. Basics of Eligibility for AFDC-FC (Foster Care Benefits) . AFDC-FC: Basic Eligibility. Categorical requirements of the child Age, residency, immigration status, deprivation
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Child (under 18) must be placed in an approved or licensed facility/home:
Meet the 1996 AFDC criteria in the home of removal
Rates are Per Child!
Beginning January 1, 2012: AFDC-FC available up to age 19
Beginning January 1, 2013: AFDC-FC available up to age 20
Final extension to age 21 subject to legislative approval and cannot happen before January 1, 2014
As of January 1, 2012 – there is no more high school completion rule for NMDs participating in extended foster care
No more high school completion rule for youth in group homes
Remaining in group home after age 18 matter of educational stability
High school completion rule still exists for certain groups that do not have access to extended benefits
KinGAP youth who entered KinGAP prior to age 16
Youth with non-related legal guardianships created in probate court
Youth can re-enter unlimited times prior to turning 20/ 21 yrs old.
Youth must be informed of right to reentry at termination hearing
Re-entry process is intended to be as accessible and easy as possible
Beginning date of aid is date NMD signs re-entry agreement
Affirmative obligation to ensure that NMDs who want to participate maintain eligibility
In order to terminate dependency, must establish in juvenile court that the social worker/probation officer made reasonable efforts to ensure participation
Services in TILP to ensure meaningful participation in eligibility requirements, including a back-up plan
All case planning should be collaborative with young adult
Goals are increasing levels of responsibility
Payment Decreases Per Child!
All prior Kin-GAP cases are being converted to the new program(s)
Conversion happens at annual redetermination (can request earlier conversion)
Conversion is intended to be seamless
County to assess special needs of youth to determine if SCI is appropriate (even if it wasn’t part of the Kin-GAP benefit previously)
County is to meet with relative in person or over the phone to negotiate new Kin-GAP benefit – right to administrative hearing if relative does not agree with the outcome of this negotiation
Converted into either the new federal program or the new state program – depending on if the youth was federally-eligible while in foster care
May affect whether youth can receive benefits past age 18
May affect eligibility for Medicaid if you move out of state
Sam turned 18 on October 30, 2011. Is he eligible for Extended Foster Care beginning January 1, 2012 if:
He is expected to graduate from high school in May 2012, before he turns 19?
YES – he is eligible on January 1, 2012
He is not expected to graduate from high school before October 30, 2012 BUT the dependency court keeps his foster care case open and he has an open dependency case on January 1, 2012?
YES – he is eligible on January 1, 2012
He is not expected to graduate from high school before October 30, 2012 AND the dependency court terminates jurisdiction when Sam turns 18 in October 2011?
NO – he is NOT eligible on January 1, 2012
How much financial assistance does the youth/family need?
Is the youth adverse to supervision or involvement by child welfare services?
How much flexibility does the youth want?
What is the youth’s permanency plan?
Does the youth have special needs?
What are the family dynamics?
What supportive services are available in addition to financial support?
Do the benefits travel with the youth?
Categorical requirements of the child
Age, residency, immigration status, deprivation
Conditions of removal from the home and placement
NMDs reentering – based on youth’s income only
Right to continue in foster care after age 18 if meet a participation requirement
Are they receiving the right amount of benefits
Dual Agency Rate and supplement
Increased rate for relative caregivers based on 2011 Budget Act
Interstate and inter-county issues
Problems with Medi-Cal
New issues for NMDs
Voluntary Placement Agreements/Voluntary Re-entry Agreements and the 180-day time limitation
Drop-offs, diversions and informal arrangements
Shared Living Agreements
Under applicable age requirement
Has been adjudged a dependent pursuant to WIC § 300 or 602
Living with same relative at least 6 continuous months
Relative appointed as guardian by juvenile court
Foster care case dismissed by the court after (or at the same time as) the court appoints the relative as guardian
Negotiated Kinship Guardianship Agreement
Make sure relative was allowed to negotiate the right level of Kin-GAP (based on date of Kin-GAP guardianship)
Reinstating Kin-GAP after disruptions in the placement
Eligibility for Kin-GAP when receiving SSI
Timing: CDSS current policy is that guardianship agreement must be in place prior to the court ordering guardianship
Written and signed AAP agreement with state stipulating amount of AAP entered into before the adoption is finalized (No means test)
SSI requirements – OR - under supervision of county welfare department – OR - would have been at risk of dependency
Independent adoptions vs. agency adoptions
Negotiated benefit – no means test!
Medicaid/Medi-Cal when the youth lives out of state and is over 18
Standard for getting AAP after age 18
Maximum AAP rate based on date the initial AAP Agreement was signed
Dual Agency Rates and Increase in AAP Rates
Little or no income*
Few or no resources*
Citizen of the United States or certain categories of immigrant - AND –
Child: Marked or severe functional limitation expected to result in death or last for at least 12 continuous months
Adult: Inability to engage in substantial gainful employment and expected to last at least 12 months or result in death
Appeal denials of disability determinations
Age 18 CDRs – especially if the youth has an IEP
Non-Medical Out-of-Home Care Rates
County obligations to screen and apply for SSI for foster youth
County obligation to maintain SSI eligibility for NMDs receiving higher benefit that offsets SSI completely
Offsetting rules (with AFD-FC, Kin-GAP, AAP)