18+ Continued Care 624-05-23

(Revised 10/15/12 ML #3341)

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PI-13-04

 

A child in 18+ Continued Care is still considered to be a “child” for the purposes of foster care as noted in NDCC 27-20. The child is considered an adult in all other systems; therefore releases of information are needed.

 

 

PROGRAM ELIGIBILITY AND VERIFICATION

 

Eligibility For Continued Foster Care

18+ Continued Care is available to eligible current and former foster care children up to the age of 21 years old if the child meets certain criteria. The child must have aged out of foster care while in the custody of a North Dakota public agency including; county social services, tribal social services, and the Division of Juvenile Services (DJS). Tribal Social Services foster care youth must have been Title IV-E eligible prior to discharge in order to qualify for 18+ Continued Care set forth in this policy. The length of time that a child is in foster care does not determine their eligibility for 18+ Continued Care. The 18+ Continued Care program philosophy encourages youth to stay in family foster care while they continue to pursue independence. Any arrangements made for placement in settings other than family foster care must be staffed with, and approved by the state office.

 

Living Arrangements

The following types of living arrangements are allowable:

 Licensed Foster Care Homes

 College Dorms

 Group Homes/ RCCF’s

 

A child generally will not be eligible for 18+ Continued Care if they are living in an apartment. Special circumstances to allow this will need to be discussed with the Regional Supervisor.

 

A child must:

  1. Be between the ages of 18 and 21.
  2. Need continued foster care services.
  3. Have aged-out of foster care at age 18 or greater from County Social Services, Tribal Social Services (as Title IV-E eligible) or Division of Juvenile Services.
  4. Qualify in at least one of the program eligibility categories.
  5. Agree to and sign the 18+ Continued Foster Care Agreement (SFN 60).
  6. Return to foster care within six months of their last discharge date.

 

Categorically Eligible

Verification of initial and ongoing eligibility for program participation is the responsibility of the case manager or the agency’s agreed upon designee. A release of information between the agency, child and verifying entity (school, employer, etc.) is needed.

 

Eligibility may be reached in a combination of the following categories:

  1. Education

 

Eligibility: The child must participate in secondary or post-secondary education on a full or part time basis. A child who is attending school on a part time basis is encouraged to also work or volunteer. Arrangements should be negotiated between the child and the case manager. If the child is on an extended school break (i.e. summer break) or if the next school session is more than 30 days away, the child should work or volunteer until the session begins.

 

Verification: Verification must be provided in the form of an enrollment or acceptance letter, copy of grades, a letter from the school, class schedule, tuition receipt, etc. The frequency of verification must be every 9 weeks, quarter, or semester depending on the program in which the child is involved or more often if required by the case manager. Compliance of continued eligibility must be discussed at the monthly case manager visitation meeting and at every quarterly Foster Care Child and Family Team Meeting.

  1. Employment

Eligibility: The child must work at least 80 hours per month.

 

Verification: Verification must be provided in the form of a pay stub, letter from employer, a copy of an application for employment, etc. The frequency of verification must be monthly or more often if required by the case manager. Compliance of continued eligibility must be discussed at the monthly case manager visitation meeting and at every quarterly Foster Care Child and Family Team Meeting.

  1. Employment Preparatory Program

Eligibility: The child must attend a program that is designed to promote or remove barriers to employment. There could also be educational components tied to this type of programming; for example Job Corps. If the start of the next program session is more than 30 days away, the child should work or volunteer until the program begins.

 

Verification: Verification must be provided in the form of an application, enrollment or acceptance letter, copy of grades, a letter from the program, program schedule, tuition receipt, etc. The frequency of verification must be every 9 weeks, quarter or semester depending on the program in which the child is involved or more often if required by the case manager. Compliance of continued eligibility must be discussed at the monthly case manager visitation meeting and at every quarterly Foster Care Child and Family Team Meeting.

 

  1. Medical Condition or Disability

Eligibility: The child must be unable to participate in educational or employment activities stated above due to a medical condition or disability. A medical condition or disability would have likely been identified long before a child enters 18+ Continued Care.

 

Verification: A statement signed by a licensed physician, physician’s assistant, psychologist, or Vocational Rehabilitation Counselor that documents the child’s medical condition or disability (which can include a mental health diagnosis) and their inability to go to school, work, or participate in job training. Compliance of continued eligibility must be discussed at the monthly case manager visitation meeting and at every quarterly Foster Care Child and Family Team Meeting or more often if required by the case manager.

 

Grace Period

In the event a child does not meet an eligibility category set forth above, a 30 day grace period is allowable to enter under one or a combination of the categories. During the grace period, volunteer work is encouraged while a child awaits an offer for employment or acceptance to an educational program.

 

Return to Foster Care

18+ Continued Care participants must have been discharged from foster care at the age of 18 or greater from a North Dakota public agency; including county social services, tribal social services, or Division of Juvenile Services (DJS). The agency where the child last exited foster care will be the point of contact for the child requesting a return to foster care. For example; in the case of a child under the custody of DJS, who exited foster care at or after the age of 18, the child should contact their most recent DJS case manager or agency to identify steps on how to return to foster care.

 

The child must return to foster care within six months of their last foster care discharge date. If the date falls past the six month re-entry maximum, contact the Regional Supervisor to discuss. There is no limit to the number of times that a child can return to foster care. Eligibility must be assessed at the time of the child’s request to return to foster care. The voluntary 18+ Continued Foster Care Agreement (SFN 60) must be signed between all three parties for 18+ Continued Care to occur.

 

Residency

Some children may be in foster homes, group facilities or dorms in other states and continue to want or need the support of a foster home or group facility. A North Dakota foster child living out of state is eligible for 18+ Continued Care. A child, who ages out of foster care under the custody of another state, is not eligible for North Dakota 18+ Continued Care even if they move to North Dakota.

 

Interstate Compact Placement of Children (ICPC) does not apply to those over the age of 18, however continued courtesy case management requests of out of state partners is allowable and encouraged.

 

Criminal Background Checks

A child who remains in or returns to foster care in 18+ Continued Care is still considered to be a “child” for the purposes of foster care as noted in NDCC 27-20. Therefore, it is not possible to conduct a fingerprint based criminal background check. However, it is possible for agencies to conduct a free web-based search.

 

http://www.ndcourts.gov/Search/Query.asp

http://publicsearch.ndcourts.gov/default.aspx

http://pa.courts.state.mn.us/default.aspx

 

 

CASE MANAGEMENT

 

Case Management Responsibilities

All case management responsibilities applicable to children under the age of 18 in foster care will continue for a child participating in 18+ Continued Care. Case management requirements continue regardless of the child’s IV-E eligibility and the case is subject to review during a CFSR and if applicable during a Title IV-E audit. To assist with monthly face to face visits, the use of the created tool “18+ Monthly Face to Face” contact form is encouraged.

 

Agencies must advise a child of the availability to continue in foster care and receive benefits until they reach the age of 21. This discussion should be done within 90 days of their 18th birthday, in conjunction with the development of the required transition plan. To assist with notification to the child a brochure (DN 1174) was developed for distribution.

 

If a child currently in foster care notifies the agency of their intent to participate in 18+ Continued Care, the agency will work with the child’s foster care provider to see if the continued placement would be appropriate. If the placement is not appropriate, recruitment efforts for a new placement resource should begin.

 

For a child returning to foster care after being discharged, the case manager must complete the assessment of safety and risk. If the child is in crisis, the case manager should provide crisis intervention services (i.e. connecting the child with resources that provide temporary housing, food, emergency medical care, etc.). If a foster care placement is not available at the time the child requests to return to foster care, the agency will begin recruitment efforts immediately. A child is not in foster care until a placement resource is identified and all three parties sign the 18+ Continued Foster Care Agreement (SFN 60).

 

18 + Continued Foster Care Agreement

The 18+ Continued Foster Care Agreement (SFN 60) is a three party agreement willfully entered into between the Department of Human Services or its agent (agency), the child, and the foster care provider. The agreement effective date will be no less than the date prior to the child’s 18th birthday and no greater than six months after the child’s last discharge date from foster care. If the effective date falls past the six month timeframe, contact the Regional Supervisor to discuss.

 

Continued Care Example:

  1. If the child requests to remain in foster care upon turning age 18 on February 7th, and all three parties are in agreement, the agreement effective date will be February 6th, which is one day prior to the child’s 18th birthday.

 

Return To Care Examples:

  1. If the child requests to return to foster care on March 1st (4 months post discharge) and all three parties are in agreement, the agreement effective date will be March 1st.
  2. If the child requests to return to foster care on March 1st (4 months post discharge), but there is not a foster care provider identified until April 5th (5 months 5 days post discharge), the agreement effective date will be April 5th. Agencies can begin recruitment efforts for a foster home on March 1st, but this child is not in foster care and the 18+ Continued Foster Care Agreement (SFN 60) is not effective until there are three willing parties (child, agency, and foster care provider).

 

18+ Continued Care Placement Process

 

Child In Continuous Foster Care

 

Child Returning To Foster Care Process

 

Termination from 18+ Continued Care

 

Trial Independence

A child discharged from foster care at the age of 18 or older may be placed on Trial Independence for no greater than six months. Trial Independence allows for the child to maintain IV-E eligibility and return to foster care at any time before the six month expiration. During Trial Independence all case management responsibilities end, the foster care program is closed and the court order may be vacated or allowed to expire.

 

Documentation is required in the case file indicating that a child is discharged from foster care under Trial Independence. This documentation will support IV-E eligibility determination in the event he/she returns to foster care. The “Notice of Change” (SFN 45) has been revised to include a Trial Independence field.

 

School District Notification

18+ Continued Care requires agencies to follow existing policy on school district notifications. Communication with the Department of Public Instruction is encouraged to determine tuition standards.

 

Family Connections

Agencies must document the child’s interest in pursuing involvement with their family after they turn age 18. If the child is interested in maintaining family connections, the agency must provide for visitation or other ongoing interactions, unless such interaction would be harmful to the child. Documentation in the case file regarding family connections must meet the requirements of the Children and Family Service Review (CFSR).

 

Transition Planning

Transition planning is strengths based and directed by the child. Agencies should include the child in conversations related to their independence and allow them to lead their Foster Care Child & Family Team meetings when appropriate.

 

Current policy states, a transition plan is required no greater than 90 days prior to the child’s 18th birthday. For the purposes of 18+ Continued Care, transition plans should then be updated as needed and monitored on an ongoing basis until the child is discharged from foster care. Agencies are encouraged to use the existing tool “Discharge Checklist” to ensure that the requirements of a transition plan are met. Requirements must include, but are not limited to housing, health insurance, education, local opportunities for mentors and support services, workforce supports and employment, and information related to health care directives.

 

Chafee Independent Living Program

Participation in the voluntary Chafee Independent Living Program is encouraged. Chafee Independent Living eligibility criteria and program standards can be found in Foster Care Services – Chafee Foster Care Independence Program 624-10.

 

Foster Care Recruitment

18+ Continued Care may require specialized recruitment efforts for foster homes. Agencies are encouraged to include these efforts in their recruitment and retention plan. Agencies are also encouraged to use the option of a statewide search to locate the best foster care provider match.

 

 

JUDICIAL DETERMINATIONS

The 18+ Continued Foster Care Agreement (SFN 60) must be signed by the agency, the child, and the foster care provider for any child who chooses to remain in or return to foster care. Foster care payments are available only for the first 90 days of the child’s voluntary placement in foster care unless the required judicial determinations have been made.

 

There must be a court order that gives a public agency (county social services, tribal social services, DJS) placement and care responsibility within 90 days of the effective date noted on the 18+ Continued Foster Care Agreement (SFN 60). The court order does not have to be the result of an actual court hearing.

 

In order to claim foster care funds for a child, the following judicial findings must be included in all court orders for children age 18 to 21, remaining in or returning to foster care. No payment can be made to support a child’s foster care placement without each and every required finding.

 

The required court order findings are:

 

  1. [Child’s name] is between the ages of eighteen and twenty one years and is need of continued foster care services. [Child’s name] is not deprived, unruly or delinquent.

  1. The court is in receipt of the affidavit for this child, and such affidavit is incorporated by reference into the record of this action.
  1. [Child’s name] requests to [remain in or return to] foster care pursuant to the “continued foster care agreement”, willfully entered into between the Department of Human Services or its agent, the child, and the foster care provider.
  1. It is in the best interest of this child to [remain in or return to] foster care, and reasonable efforts were made to meet the child’s needs before a foster care placement. (Describe in an affidavit incorporated by reference.)
  1. [Child’s name] has satisfied the education, employment or disability requirements as set forth by the law.
  1. [Administrative County or the Division of Juvenile Services] shall continue to provide foster care case management and will have care and placement responsibility of this child.
 
  1. There are no grounds to terminate parental rights under chapter 27-20.
  1. Optional:

[Child’s name] will be required to appear at a Permanency Hearing before this court on or before 12 months from the date of the last permanency hearing, or 12 months from the date that the child entered foster care.

 

Permanency hearings are required every 12 months from the date that the child entered foster care. It is expected that most children in 18+ Continued Care will have a permanency plan of Another Planned Permanent Living Arrangement (APPLA). In addition to the identified permanency plan of APPLA, the court order must also address the agency’s efforts to prepare the child to meet the permanency goal. The agency’s efforts toward that goal would include activities outlined in the child’s case plan. The permanency court order must be the result of an actual hearing. Special attention should be given to children who “remain” in foster care. The permanency hearing may be on a different track than a child that “returns to” foster care. For example, a child entered foster care on 3/1/11, when the child was age 17. If not held before, a permanency hearing is required no later than 3/1/12. If that child turns age 18 on 2/1/12 and an 18+ court order is obtained with an expiration date of 2/1/13, the permanency hearing is still required on 3/1/12, unless the permanency hearing was held at the same time that the 18+ court order judicial determinations were made.

 

The agency must notify the foster care provider of any hearing held with respect to the child. A copy of the written notification should be kept in the child’s case file.

 

Compelling reasons not to file a termination of parental rights is a requirement for 18+ Continued Care. Compelling reasons for not filing a TPR will be a judicial determination that there are no grounds to terminate parental rights under NDCC 27-20.

 

For children with an adjudication of delinquent, court orders are often extended past their 18th birthday. These children remain in “regular” foster care and the requirements under 18+ Continued Care do not apply until the court order expires and no new court order has been entered. It is at that time they can enter 18+ Continued Care or start their 6 months return option.

 

ICWA requirements do not apply in 18+ Continued Care.

 

 

TITLE IV-E ELIGIBILITY

All Title IV-E eligibility requirements that apply to children under age 18 also apply to children in 18+ Continued Care. A child age 18 or greater must meet at least one of the 18+ Continued Care program eligibility categories as outlined in previous sections. A child’s case file must contain documentation of and verification of both program eligibility and Title IV-E eligibility.

 

Match symbols allowed for 18+ Continued Care children are federal match (FM) and regular match (RM). Emergency Assistance (EA) is available only in the situation described below.

 

Process

  1. Children who currently are in foster care with an “Understanding of Parties” Agreement (Voluntarily signed before 1/1/12):
  1. All 18+ Continued Foster Care Agreements (SFN 60) are effective 1/1/12. The agreement must be signed by all three parties.
  2. A court order must be in effect within 90 days of January 1, 2012, containing the requisite court order findings for foster care providers to continue to receive payment. A permanency hearing may be required if a permanency finding has not been made within the past 12 months.
  3. Children who are Title IV-E eligible (FM) will remain Title IV-E eligible (FM) throughout the foster care episode. A new determination of Title IV-E eligibility is not needed.
  4. Children who are coded as EA and will graduate by their 19th birthday, will continue as EA until they graduate. The match symbol will change to RM the beginning of the month following graduation.
  5. Children who are determined to be RM will remain RM.
  6. Compelling reasons may need to be documented, if applicable.
  1. Children who return to foster care within six months of 1/1/12 (Discharged prior to 1/1/12 and not placed in Trial Independence)
  1. The 18+ Continued Foster Care Agreement (SFN 60) must be signed by all three parties. The 18+ Continued Foster Care Agreement gives a North Dakota public agency placement and care responsibility until a court order is in effect.
  2. A court order must be in effect within 90 days of the effective date noted on the 18+ Continued Foster Care Agreement (SFN 60), containing the requisite court order findings. If, at the end of 90 days, a court order is not in effect, foster care payments must be terminated.
  3. Application for Foster Care (SFN 641) must be completed by the child. Information included on this form applies to the child only.
  4. Title IV-E eligibility must be re-determined by completing the Title IV-E Initial Eligibility Worksheet (SFN 869). Documentation in the file must include:
  1. Verification of the 18+ Continued Care eligibility category (grace period applies). Documentation in the file must support one category below:
  1. Children Who Were Discharged from Foster Care at or after Age 18 (after the date of 1/1/12)

Children who were discharged from foster care at or after age 18 can return to foster care within six months of their discharge date.

  1. Discharged under Trial Independence: The child can maintain their Title IV-E eligibility if he/she was discharged under Trial Independence and returns to foster care within 6 months. Title IV-E must be re-determined based upon the child only, without regard to the parent(s) or legal guardian(s).
  1. Required:
  1. Documentation in the file supporting Title IV-E must include: *
  1. Verification of the 18+ Continued Care eligibility (grace period applies). Documentation in the file must support one category below:

* Based on the foster care episode in which the child was most recently discharged under Trial Independence.

  1. Not discharged under Trial Independence: If a child returns to foster care within six months of discharge and was not under Trial Independence, Title IV-E eligibility must be re-determined based upon the child only, without regard to the parent(s) or legal guardian(s).
  1. Required:
  1. Documentation in the file must include:
  1. Verification of the 18+ Continued Care eligibility category (grace period applies). Documentation in file must support one category below:

 

Medical

The Foster Care Application (SFN 641) must be completed in order to reinstate Medicaid for children who exit and return to foster care after age 18.

 

Title IV-E/Title XIX Redetermination – Foster Care (SFN 642) is used to re-determine Medicaid annually for children who remain in foster care past the child’s 18th birthday.

 

Children under the custody of Tribal Social Services

The North Dakota Department of Human Services has entered into formal agreements with Standing Rock Sioux Tribe, Three Affiliated Tribes, Turtle Mountain Band of Chippewa and Devils Lake Sioux Tribe. The agreements allow the tribe or tribal court to retain jurisdiction, including placement and care responsibilities, of children and still have Title IV-E foster care eligibility for a child if all other Title IV-E foster care eligibility requirements are met. The Tribe is responsible for providing eligibility related information to the county to assist the county in determining Title IV-E eligibility. Maintenance payments for the care of children who are Title IV-E eligible and reimbursable will be paid by the state.

 

If the child is non-Title IV-E eligible, financial responsibility for foster care payment remains with the Tribe.

 

A child under the custody of Tribal Social Services, who was Title IV-E eligible while in foster care under the age of 18, is eligible for 18+ Continued Care. All areas of responsibility remain the same as when the child was under the age of 18. If the child loses Title IV-E eligibility or reimbursability, the county will close the foster care case and the Tribe will become financially responsible.

 

Child Support

A parent’s child support obligation ends when the child turns age 18. The child support referral is automatically closed in CCWIPS when this occurs.

 

Social Security Benefits

Current policy related to children in foster care under age 18 applies to children in 18+ Continued Care.

 

 

FOSTER CARE PAYMENTS:

All youth in 18+ Continued Care remain eligible for foster care maintenance payments. The process and items covered in the foster care maintenance payment are consistent with policy for foster youth under the age of 18. This rate includes the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, and liability insurance with respect to the child.

 

Secondary placements are not allowed in 18+ Continued Care. Payments are limited to the primary caretaker only, as the 18+ Continued Foster Care Agreement (SFN 60) does not include any placement resource other than the primary foster care provider.

 

Irregular Payments

With the appropriate approval, irregular payments are available for a child in 18+ Continued Care. Payments will be made to the licensed foster care provider.

 

In cases where a foster child is a parent and placed with their own child in the same foster home, the foster care maintenance payment will be assessed to cover the cost of that child.

 

Although excess maintenance payments (EMP’s) are allowed, requests should be discussed thoroughly during Foster Care Child & Family Team meetings before an EMP is approved. EMP’s are available in special circumstances, when the child has special needs or the difficulty of care significantly affects her/his foster care placement.

 

Therapeutic Family Foster Care

The child must be in need of a therapeutic level of care in order to remain eligible for the therapeutic family foster care rate. The step-down or county age appropriate foster care rate (flow through rate) will be paid in situations where the child does not meet the therapeutic level of care. A group home approval is required for all children who are placed in a therapeutic family foster home.

 

 

FRAME/ CCWIPS:

A FRAME Users Guide for 18+ Continued Care will be distributed to explain the changes made to the system. This guide will assist case managers with required data entry.