American Bar Association s12

AMERICAN BAR ASSOCIATION

ADOPTED BY THE HOUSE OF DELEGATES

AUGUST 6-7, 2012

RESOLUTION

RESOLVED, That the American Bar Association urges lawyers, judges, child welfare and education agency administrators, educators, school regulatory bodies, and legislators to support the enrollment in and successful completion of postsecondary education by youth in foster care, or those who have been in foster care. 112A

REPORT

Introduction

Among the various disparities in education for youth who are, or have been, in foster care, the issue of post-secondary education appears to be one area in which consistent focus has not been placed. Although strengthening the educational guidance and educational plans of school-aged children is vital to making sure foster youth are prepared for post-secondary education, the focus of this Report is to review the current status of foster youth in connection with higher education. It also provides suggestions on how government and critical leaders can help make post-secondary education more easily and readily obtainable for these youth, while also providing support to ensure that their post-secondary education is a success.

Other ABA resolutions have focused on Youth Rights to a High Quality Education (August 2009) and Youth Transitioning from Foster Care (August 2007 and 2010). These resolutions have urged courts, child advocates, attorneys, and others to take a more aggressive stance in support of a youth’s educational goals and plans.

Although these past policy recommendations included extending foster care past age 18 and at least until 21, the resolutions did not focus on the provisions of federal law that relate to post-secondary education, including higher education vouchers, post foster care housing, etc. This Resolution builds on those prior ABA resolutions and, as this Report indicates, there is a need for more intense advocacy, for more assistance to foster youth in pursuing higher education after graduation from high school or obtaining a GED, and for strengthening of services to ensure foster youth who pursue post- secondary educational or vocational opportunities are successful in their endeavors.

The federal Fostering Connections to Success and Increasing Adoptions Act, Pub L 110-351(“FCA” or “Fostering Connections Act”), went into effect on October 1, 2010 and is the most comprehensive foster care law passed in the past 10 years.1 In 2009 and 2010, 33 states and the District of Columbia enacted a combined total of 63 different bills related to the provisions set forth in the FCA,2 but much more can still be done to capitalize on the Act’s provisions that can enhance post-secondary education for foster youth. Most notably, the FCA allows states to utilize federal funds to extend services and provide oversight to foster youth beyond age 18 and up to age 21.3 This federal law was vague on certain policy areas, allowing for flexibility and an opportunity for policy makers to go beyond the minimum requirements and combine federal dollars with state dollars, while building stronger collaborations among state agencies to make post- secondary education more easily accessible and obtainable.

1 Chartering a Better Future for Transitioning Foster Youth: Report from a National Summit on the Fostering Connections to Success Act, ABA Commission on Youth at Risk (February 2011). 2 National Resource Center for Youth Development news brief published October 31, 2011; located at: http://www.nrcys.ou.edu/nrcyd/state/html 3 Pub. L. No. 110-351, 122 Stat. 3949 (2008). 1 112A

Some of the policy recommendations from the ABA’s 2007 resolution on youth transitioning from foster care were included in the FCA law. This 2007 resolution recommended amendment of applicable law, and court and child welfare practices, to “mandate provision of comprehensive post-majority child welfare services to transitioning and former foster youth until age 21 or older, with the option for renewal of support after exit from care.”4 Although it is not mandated, the FCA allows and specifically provides that states “may” extend Title IV-E benefits, including higher education vouchers to be used for post-secondary education, until age 21.

Policy makers in all states are urged at a minimum, consistent with earlier ABA policy, to extend benefits until age 21, but it is also suggested that the age be extended until age 26. Extending the age will allow those foster youth, who may graduate high school or pass the GED at a later age, who may have a gap in secondary and post-secondary education, or who may only be able to attend a post-secondary educational institution part-time (as they work to support themselves) to be covered until a later age, allowing them to obtain financial assistance at the age appropriate for each individual foster child. Today, most young people in the general population have not completed their post-secondary education at age 21.

Building on the 2007 and 2010 ABA resolutions, lawyers, judges, child welfare agency administrators, legislators, educators, and school regulatory bodies are encouraged to address the support that youth who are or have been in foster care need to succeed in and complete postsecondary education, and in doing so to develop sound practices and policies that focus on foster youth and post-secondary education. These policies must not only focus on two year and four year college degrees, but also be cognizant of the value of vocational training and other higher education programs.

This Resolution suggests the importance of action and collaboration by state and local agencies, which could include representatives from the Board of Regents, Board of Education, Department of Child and Family Services, State Governor’s Office, the Office of Mental Health or Disabilities, Office of Vocational Services, and the state’s Foster Youth Leadership Committee or Foster Care Alumni Advisory Board. The buy-in and collaboration from all stakeholders is necessary, including state agencies, non-profit agencies contracted to provide foster care oversight or support, courts, attorney advocates for foster youth, school districts, college and vocational boards, and youth themselves.

According to the U.S. Department of Health and Human Services, 27,854 foster youth exited the foster care system in fiscal year 2010 by emancipation (what is commonly called “aging out”).5 Most foster youth exit without a family support system, making

4 American Bar Association Commission on Youth at Risk, “Youth Transitioning from Foster Care” resolution approved by the ABA House of Delegates, August 2007. 5 Adoption and Foster Care Analysis and Reporting System (AFCARS) FY 2010 data; report updated June 2011 (data is from October 1, 2009 through September 30, 2010) located at http://www.acf.hhs.gov/programs/cb/stats_research/afcars/tar/report18.htm. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children's Bureau, www.acf.hhs.gov/programs/cb; (last visited on January 5, 2012)

2 112A them unlike many of their peers who have financial support for post-secondary education, a home to stay in while in college or during semester or session breaks, and many other benefits that non-foster youth generally enjoy after completion of high school.6 Out of the 70% of youth aging out of foster care who had aspirations to attend college, it is estimated that only 3 to 11% graduate with a bachelor’s degree (compared to 28% in the general population).7 In recent years, there has been a federal push to provide more services and financial support to older youth who are “aging out of the system.”8

In 1986, Title IV-E of the Social Security Act was amended to create the Independent Living Program for older youth and in 1999 the John Chafee Foster Care Independence Program was enacted that extended services, doubled available independent living funding to $140 million per year, expanded the age range for those deemed eligible for services, allowed states to use funds for a broader range of purposes (e.g., room and board), and granted states the option of extending Medicaid coverage for youth who age out of foster care until age 21.”9 Post-secondary education opportunities also improved for foster youth with the creation of post-secondary education and training vouchers (or “ETVs”).10

With so much opportunity and expansion of federal dollars available to help the plight of older foster youth and their transition into adulthood, and with the increased focus on post-secondary education, this Resolution suggests the importance of states, local agencies, courts, policy makers and child advocates seizing these new opportunities and make them a reality for older foster youth, so that they are more likely to make a positive contribution to society and lead successful lives.

Investing in Post-Secondary Education for Current and Former Foster Youth is Cost Effective

6 Of the 254,000 children and youth exiting foster care in 2010, 11 percent (approximately 28,000) aged out without a permanent family. Casey Family Programs, Child Welfare Fact Sheet available at http://casey.org/Press/MediaKit/pdf/CWFactSheet.pdf (last visited on Jan. 5, 2012). 7 Casey Family Programs, Foster Care by the Numbers, available at: http://casey.org/Press/MediaKit/pdf/FosterCareByTheNumbers.pdf. (last visited on January 5, 2012). 8 Mark E. Courtney, et al., Chapin Hall Center for Children at the University of Chicago, Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at age 26 (2011) available at http://www.chapinhall.org/sites/default/files/Midwest%20Evaluation_Report_12_30_11.pdf (last visited Jan. 5, 2012). The Chapin Hall Center is a research and development organization conducting research on children’s issues. Chapin Hall takes a broad perspective, embracing an interest in policies that promote the well- being of all children and youth while devoting special attention to those facing significant problems. See http://www.chapinhall.org/about. Chapin Hall, in collaboration with several Midwest states, has been conducting a longitudinal study, following a population of foster youth that exited the system. Participants were interviewed at age 17/18, and again when they were 19, 21, 23, and again when they were 26. Reports were published after each set of interviews. The study provides insightful information on how youth that benefited from the extension of federal and state assistance after age 18 have fared compared to their peers who exited the system and had no other assistance. 9 Id. 10 Id. 3 112A

Foster youth who “age out” each year are “more likely to suffer from untreated health and mental health problems, more likely to become homeless, and less likely to graduate from high school or go to college than their peers not in foster care.”11 Data also reveal that the failures of a system that does not educate foster youth while still in foster care negatively affects youth after they are emancipated. The “lack of education, combined with a lack of family support and social connections, relegates a foster youth with no job skills to unemployment or minimum wage jobs.”12 In addition, because youth in foster care have a higher incidence of disabilities than youth in the general population, the barriers to educational success and long term self-sufficiency can be great. Society will continue to be burdened financially by emancipated foster youth if foster youth cannot independently survive after exiting the system. Indeed, studies show that 35% of foster youth who have been emancipated received some type of welfare assistance in the year after exiting the system.13

Foster youth who lack a stable support system face issues in securing stable housing, encounter employment barriers, and lack educational options after leaving foster care are more likely to have contact with the criminal justice system. A 2008 Chapin Hall study “interviewing youth who aged out of foster care, found that 77% of males and 54% of females interviewed …had been arrested at least once; 32% of males and 12% of females had been convicted of a crime since turning age eighteen.”14 The study, which compared the statistical outcomes of former foster youth with a national representative sample of similar aged youth who were not in foster care, found that only 10% of males and 1% of females in the general population had been convicted of a crime.15

This study’s report went on to state that: “Through…federally funded programs, states are working to improve outcomes experienced by this vulnerable population of young people and engage them more fully in decision making related to their transition to adult life, economic self-sufficiency, permanency and achievement of educational and career goals.”16 By extending support and services to foster youth (engaged in post-secondary education endeavors) past age 21 and ideally longer (such as age 26), and by implementing some of the model programs discussed infra, foster youth will obtain the educational achievements that have proven to make them more successful adults with decent jobs, as opposed to ending up in the judicial system or dependent on other

11 Casey Foundation Supplement Study http://www.casey.org/Resources/Publications/pdf/ChafeeETV_Supplement.pdf (last visited January 5, 2012) 12 Michele Benedetto, An Ounce of Prevention: A Foster Youth’s Substantive Due Process Right to Proper Preparation for Emancipation, 9 U.C. DAVIS J. JUV. L. & POL’Y 381, 391 (2005). 13 Mark E. Courtney, et al., Chapin Hall Center for Children at the University of Chicago, Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at age 19 (2005), available at http://www.chapinhall.org/sites/default/files/ChapinHallDocument_3.pdf (last visited Jan. 5, 2012). 14 Michele Benedetto, The Key to Successful Independence: State-Funded Post-Secondary Educational Assistance for Emancipated Foster Youth, 23 St. John's J. Legal Comment. 383, 390 (2008), citing Mark E. Courtney, et al., Executive Summary, Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 21, Chapin Hall Ctr. for Child. at the Univ. of Chi., at 16 (Dec. 2007), available at http://www.chapinhall.org/sites/default/files/ChapinHallDocument_1.pdf (last visited Jan. 5, 2012). 15 Id. 16 See Casey Foundation Supplemental Study, supra note 11.

4 112A government funded programs. Foster youth who are provided the opportunity to develop into functioning adults create less of a financial burden on society than the alternative.

Current Policy Issues

Assistance in Preparing for Post-Secondary Education While in High School

The FCA mandates that states provide foster youth a personalized transition plan during the 90 day period before the youth ages out of foster care.17 States, and the court systems monitoring the placement of foster youth, are urged to start a transition plan that begins no later than the first year of high school and that changes as needed to encourage success in high school and then onto post-secondary education. A transition plan that is not implemented until merely 90 days remain until the youth is leaving foster care is neither sufficient nor beneficial to a foster youth, especially one with aspirations to continue their education.

A model program to prepare youth for emancipation would begin no later than the start of high school. This model would provide tools, skills and support needed to succeed after emancipation, prepare the youth for post-secondary education, and include attention to academic, psychosocial and life skills/transitional independent living skills.18 Exposure to post-secondary education is critical. For many current or former foster children, an immersion in a supportive college setting eliminates distractions, helps to focus goals, and provides a meaningful opportunity to make their college experience successful. Quite simply, such a college immersion experience can change the course of a current or former foster child’s life. Immersion programs can raise a young person’s expectations of themselves while also sending the message that adults believe they can succeed. This can, of course, also be achieved through other vehicles besides, or in addition to, college exposure.

Courts should be included in the oversight of these plans, rather than just leaving them to the discretion of caseworkers, the foster family or independent living centers. Foster youth should be fully engaged in their own transition plans, and every court hearing and court report for foster youth in high school should address and include an inquiry about plans for high school completion and post-secondary education. As one foster child put it, “being discharged shouldn’t feel like you are graduating into the unknown. The earlier you begin your transition plan, the more success you’ll have with being able to adapt into adulthood.”19

17 Pub. L. No. 110-351, 122 Stat. 3949 (2008). 18 Casey Family Programs; Its My Life: Postsecondary Education and Training; Seattle: Casey Family Programs, p. 11, 2006. 19 Youth in Progress, New York State Foster Care Youth Leadership Advisory Team, Need to Know Series: Planning for Your Transition to Self-Sufficiency. Pub. 5098 (2011), sponsored by the New York State Office of Children and Family Services, available at http://www.ocfs.state.ny.us/main/publications/Pub5098.pdf (last visited Jan. 5, 2012). 5 112A

As a foster youth is progressing in their high school education, all advocates in the child’s life should be emphasizing the importance of a high school diploma over a general equivalency degree (GED). They should be informed that numerous federal programs provide financial support for both two and four year colleges and vocational education. Child welfare advocates must realize that college is not for all foster youth. If appropriate, advocates should encourage and support foster youth to explore opportunities in vocational post-secondary education.

For either college bound or vocational institutions, more exposure to post-secondary education opportunities need to be provided to foster youth. Foster youth should be encouraged to participate in internships during high school and go on organized visits to technical schools and college campuses. Also, foster youth educational and job fairs should be held, and child welfare agencies and case workers need to improve coordinated efforts to make information available to youth, guidance counselors, foster parents, and counselors in independent living centers.

One successful program that provides high school foster youth with exposure to college life is the First Star UCLA Summer Guardian Academy.20 Founded in 1999, First Star is a national nonprofit organization dedicated to improving life for child victims of abuse and neglect. First Star created the Academy in full partnership with the University of California-Los Angeles as a first, scalable step to leveling the educational playing field for the foster youth of Los Angeles. The Academy is also a major first step toward the goal of establishing parallel, year-round, residential facilities comprised of foster family units on university campuses for those students who will greatly benefit from a permanent placement over the four years of high school. The Summer Program is a 5 ½ week residential college stay for rising 9th through 12th grade students that offers a supportive residential education strategically located on the university campus. This comprehensive introductory college immersion program provides encouragement, motivational training, comprehensive life skill instruction and also two to four undergraduate academic course credits. The program has plans for replication on other university campuses.

If they decide to attend college, foster youth need to be prepared for applying to and handling the vigorous academic requirements of college. There are federal programs available to support funding for the SAT/ACT college entrance exams, including tutoring/prep courses and financial assistance to cover the fees associated with taking the exam. There needs to be better coordination with other federal programs such as the benefits related to the College Cost Reduction and Access Act of 2008, TRIO, and GEAR-UP, to name a few.21

20 First Star UCLA Guardian Academy Information available at http://www.firststar.org/programs/foster- youth-academies.aspx (last visited Jan. 22, 2012). 21 The College Cost Reduction and Access Act of 2008 expands the definition of an independent student in the Free Application for Federal Student Aid (FAFSA) to include foster youth. TRIO is a federal program that provides financial aid counseling and work-study employment for students, among others, who are foster youth. TRIO includes other beneficial programs, including, but not limited to, counseling on college admission, providing opportunities for academic development, assisting students with basic college requirements, motivating students towards completion of their post-secondary education, and

6 112A

Identity theft among foster youth is common, as their social security number is accessible to many people. If a youth has outstanding debt or a bad credit score they could face problems in applying for financial aid for post-secondary education.22 A new provision in the 2011 federal Child and Family Services Improvement and Innovation Act23 requires that every foster youth receive a credit report, each year, from age 16 until they exit the system. The new provision will assist in resolving credit discrepancy issues, including erroneous credit problems related to identity theft. Child welfare advocates also should ensure they educate foster youth on issues regarding financial credit history and the barriers that could exist to receiving financial assistance for future education, or even the obstacles they may face in having credit extended to them to rent an apartment, buy a car, or in taking out student loans.

There are programs that provide assistance with filling out the required Free Application for Federal Student Aid (FAFSA) form,24 scholarships, etc. However, it is critical for young people to be educated and supported around the issue of student loans. Even if they have not had their identity stolen, too many current and former foster youth later run up a huge student loan debt. Understanding issues around obtaining, and later repaying, student loans should be part of helping foster youth build their financial knowledge and capability.

Creatively Using Title IV-E Waivers in Providing Services to Older Foster Youth

The Child and Family Services Improvement and Innovation Act also expands Title IV-E waivers for experimental or demonstration projects.25 There are several possible child welfare program improvement policy goals that the project must demonstrate to qualify.26 One of the proposed goals the demonstration projects must show is that the project is designed to increase permanency by reducing time in foster care and promoting successful transition to adulthood for older youth. One of the goals relevant

providing support in preparing youth for college entrance and pre-college preparation. GEAR UP is a program for low income youth, including foster children, to prepare them to enter and succeed in post- secondary education. GEAR UP serves a group of students beginning no later than seventh grade and follows them through high school, providing some participants scholarships for college. See generally LEGAL CENTER FOR FOSTER CARE AND EDUCATION, A COLLABORATION BETWEEN CASEY FAMILY PROGRAMS AND THE ABA CENTER ON CHILDREN AND THE LAW, BLUEPRINT FOR CHANGE: EDUCATION SUCCESS FOR CHILDREN IN FOSTER CARE, (2d ed. 2008), available at http://www.americanbar.org/content/dam/aba/publications/center_on_children_and_the_law/education/blu eprint_second_edition_final.authcheckdam.pdf (last visited Jan. 5, 2012). 22 See generally Michele Benedetto, An Ounce of Prevention: A Foster Youth’s Substantive Due Process Right to Proper Preparation for Emancipation, 9 U.C. Davis J. Juv. L. & Pol’y 381, 390 (2005). 23 Pub. L. 112-34, 125 Stat. 369. 24 Federal Student Aid is an office of the U.S. Department of Education. Any person interested in obtaining financial assistance from the federal (and most state programs), is required to submit a FASFA form. 25 Emilie Stoltzfus, Child Welfare: The Child and Family Services Improvement and Innovation Act (R42027), (U.S. Congressional Research Service Oct. 5, 2011). 26 Id. The project must demonstrate at least two of the policies set forth by the Act within three years of the application of the project. 7 112A to older foster youth and post-secondary education is that the state will be extending Title IV-E assistance up to age 21.27

Policy makers and state legislators are advised to consider the federal funding opportunities to implement projects to assist foster youth attempting to succeed in post- secondary education. Projects could focus on programs in conjunction with college campuses to provide year round on-campus housing (as current or former foster children may not have a place to stay during school breaks) or educational support programs (to keep youth engaged and allow them to easily build a network of their peers). In addition to using Title IV-E funds to provide stable housing arrangements and help youth take advantage of and coordinate other programs to support their transition, funds could be used to support case management of foster youth after age 18.

Extending Tuition and Other Support Services

State lawmakers are encouraged to enact legislation that makes it mandatory to allow youth participating in the Chafee Educational Training Voucher Program on the date they attain 21 years of age to remain eligible until they attain 23 years of age or older, as long as they are enrolled in a postsecondary education or training program and are making satisfactory progress toward completion of that program. Current federal law includes only “may” language; states should feel encouraged to include “shall” in state legislation. Several states have been proactive in implementing statutes that allow foster youth to continue to receive financial assistance for post-secondary education until age 23. Oklahoma is a state with exemplary legislation that extends the age limit to support foster youth in their post-secondary educational endeavors. Oklahoma foster care alumni are eligible to receive tuition waivers until they earn a baccalaureate degree or program certificate or until age 26, whichever comes first. Foster youth would benefit from either extending the age to 26 or eliminating the age limit in which foster youth alumni could take advantage of post-secondary education scholarship programs.

State legislation can also allow foster youth to take advantage of scholarships/waivers even if there is a gap in time from High School graduation or completion of a GED to beginning a post-secondary education program. The Fostering Connections Act does not speak to re-entry by foster youth after age 18, but also does not provide obstructions to implementing this policy at the state level. Policy makers should consider the feasibility of providing foster youth the option of staying in the foster care system to receive post-secondary support. However, money for post-secondary education should not be tied into a requirement of staying in the system and being monitored, but should be broadly encouraged as being in the best interest of foster youth.

Full Tuition Waivers, Other Support, and Protection from Predatory Practices

At this time, at least 16 states offer tuition waivers to some or all eligible foster youth. The majority of these programs cover the difference between a student’s tuition and

27 Id.

8 112A fees and the amount of federal and state financial aid the student receives.28 States can follow the lead of several states that provide full tuition waivers to eligible foster youth and provide full tuition waivers to public post-secondary institutions or equivalent scholarships in that amount for foster youth who opt to attend private institutions.29 Foster children are our responsibility, as the state is their parent. It is the state’s responsibility to act in loco parentis for foster youth into early adulthood. Providing the basic financial support to attend post-secondary programs is the primary means to aid foster youth in obtaining a post-secondary education. State colleges should consider making year round on-campus housing available for current or former foster youth who have no other housing options.

In addition to providing year round on-campus housing, states should consider the option of providing foster parents with stipends if the youth remains enrolled in a post- secondary educational program. This will provide youth a place to stay in between semesters and during school breaks. The U.S. Census reports that 59% of men age 18 to 24 and 50% of women age 18 to 24 resided in their parents' home in 2011.30 Many foster youth do not have the same option of living in their parents’ home. Robin Nixon, through the National Foster Care Coalition, was quoted as saying “when we’re talking about our own kids, we understand that the transition to adulthood is lengthy and they often leave and come back home. We need to provide a similar experience for kids aging out of foster care. Legally, we are their parents.”31

To improve post secondary outcomes, improvements must be made not only to get youth into these programs, but also to provide support so that they can successfully complete them. In addition to providing financial support to cover tuition and fees and housing, state universities, community colleges, and technical schools can have wrap- around services and programs implemented for current and former foster youth on campus. State and federal legislation and policy can ensure that active outreach is made to these youth so that they can take full advantage of all existing programs that help students thrive in post secondary programs and help prevent dropping out, and that steps are taken to ensure that these programs are tailored to meet the specific

28 LEGAL CENTER FOR FOSTER CARE & EDUCATION, A COLLABORATION BETWEEN CASEY FAMILY PROGRAMS AND THE ABA CENTER ON CHILDREN AND THE LAW, TUITION WAIVERS FOR POST-SECONDARY EDUCATION (2008), available at http://www2.americanbar.org/BlueprintForChange/Documents/Tuition%20Waiver%20Fnal.pdf (last visited Jan. 5, 2012). 29 North Carolina has model legislation that provides foster youth tuition, room and board, fees, and books for all young adults who age out of North Carolina foster care and all youth adopted from Department of Social Services foster care after the age of 12. NC Reach also provides comprehensive student support, including Virtual Mentors, Care Packages, and internships. North Carolina foster students are eligible until age 26. Florida also has model legislation that allows foster youth to receive full tuition waivers to Florida community colleges, state universities, and vocational schools. 30 US Census Bureau, More Young Adults are Living in Their Parents' Home, News Release dated November 3, 2011, available at http://www.census.gov/newsroom/releases/archives/families_households/cb11-183.html (last visited January 31, 2012). It should be noted that college students living in a dormitory are counted in their parents' home, so they are included in these percentages. The statistic still shows that young adults rely on familial support as they transition into adulthood. 31 Christine Vestal, States Trying to Extend Foster-Care Benefits, Stateline.org, August 23, 2007, available at http://www.stateline.org/live/details/story?contentId=234381 (last visited January 31, 2012). 9 112A needs of these youth. Efforts should also be made on behalf of current or former foster youth to ensure that appropriate outreach is made to students with disabilities who may need accommodations to allow full inclusion and success in post secondary programs.

To this end, collaboration at the federal level with the Office of Postsecondary Education, the Department of Labor, and the Office of Special Education and Rehabilitative Services and at the state level with their grantees should occur to ensure that all current and former foster youth receive the support they need to complete their respective postsecondary programs successfully. In addition, providing a support group made up of such youth on campus allows them to build a network and a “family” support system that they may not have on account of their status as having been in foster care. Other support systems, such as no-cost tutoring, “care packages”, and career counseling should be implemented at post-secondary institutions.

There are several model programs in place, most notably California’s Guardian Scholars Program. The Guardian Scholars Program is a comprehensive program that provides a network to emancipating foster youth and foster care alumni and helps them attain their post-secondary educational goals.32 They provide various services to such youth at many California universities, community colleges, and trade schools. Services generally include financial aid assistance and counseling, year-round on-campus housing, academic and professional mentoring, health and counseling services, peer mentoring and student programming, admission and enrollment help, and employment assistance and career counseling. These wrap-around services have been recognized nationally and aid these youth in succeeding in post-secondary educational institutions.

We also need to recognize a higher education problem to which current and former foster youth may be especially vulnerable. For-profit post-secondary education companies, many of which operate online and advertise heavily on television, claim to offer access to higher education to low-income and minority students. Many current and former foster youth fall into this population. A recent federal Government Accountability Office report found that there were deceptive, misleading, or fraudulent recruitment practices at every one of the 15 for-profit schools investigated.33 At many of these schools, more than half of the students withdraw within two years of enrollment and never obtain a diploma.34 Many of these schools receive over 90% of their funding from federal sources, although almost all students still have to take out loans to pay the high tuition rates.35

According to the National Center for Public Policy and Higher Education, students who drop out without completing a degree are ten times more likely to default on their

32 Guardian Scholars Program information available at http://www.fosteryouthhelp.ca.gov/pdfs/GuardianScholars.pdf (last visited Jan. 22, 2012). 33 U.S. Government Accountability Office, Undercover Testing Finds Colleges Encouraged Fraud and Engaged in Deceptive and Questionable Marketing Practices, GAO-10-948T, pgs. 16-17 (August 2010). http://www.gao.gov/new.items/d10948t.pdf 34 U.S. Senate HELP Committee Report, September 30, 2010. “The Return on the Federal Investment in For-Profit Education: Debt Without a Diploma” pp. 1-2. 35 See id.

10 112A student loans, which in effect forecloses the opportunity to earn their diploma later at another college.36 This student loan debt can be considerable for young people who frequently maximize student loans without adequate financial advice or support, and later have difficulty being able to furnish a first apartment or purchase a vehicle to get to and from school.

Vulnerable, at-risk youth, especially those who have been in the foster care system, should be protected from companies’ predatory and harmful practices so that they will be more likely to successfully complete a post-secondary degree that will end in employment and financial self-sufficiency. Targeting low-income students, especially those who have been in foster care, should require a commitment to providing them with the support and resources necessary to ensure their academic success. This could be done by better supervision and oversight of these schools at the state and federal levels. Government can help ensure that all private post-secondary schools engage in honest advertising, and that there are full disclosures concerning tuition, the implications of borrowing and default, unadjusted graduation and employment rates, and loan default rates. Any school that receives substantial tuition payments from state or federal funds should disclose its students’ educational outcomes, and ideally meet accepted guidelines for graduation rates and job placement rates.

Improving Data Collection to Better Serve Current and Former Foster Youth

Among the recommendations from an ABA Commission on Youth at Risk national summit meeting,37 “data collection, information sharing, and analysis of the effectiveness of new policies must be completed to ensure continuous improvement of how older youth are served by child welfare systems and the courts.”38 In fact, a provision of the 1999 Chafee Act required the federal HHS Administration for Children and Families (ACF) to develop a data collection system to track, in part, outcomes in foster youth services. To meet the mandate, ACF created the National Youth in Transition Database (NYTD) to track youth who receive independent living services and outcomes of youth who are aging out or who have aged out of the system. It took some time to develop the tracking system, as the NYTD was only implemented only in October 2010 and the states’ first reporting deadline was May 2011.39 No official report

36 National Center for Public Policy and Higher Education, Borrowers Who Drop Out: A Neglected Aspect of the College Student Loan Trend by Lawrence Gladieux and Laura Perna (May 2005). 37 Chartering a Better Future for Transitioning Foster Youth: Report from a National Summit on the Fostering Connections to Success Act, ABA Commission on Youth at Risk (February 2011). 38 Supra at note 1. 39 The information from NYTD will allow ACF to track which independent living services States provide and assess the collective outcomes of youth. States will be required to report data semiannually to ACF. States must report the independent living services and supports they provide to all youth in eleven broad categories: independent living needs assessment; academic support; post-secondary educational support; career preparation; employment programs or vocational training; budget and financial management; housing education and home management training; health education and risk prevention; family support and healthy marriage education; mentoring; and supervised independent living. States will also report financial assistance they provide, including assistance for education, room and board and other aid. The Chaffee Act also requires ACF to impose a penalty of between one and five percent of the State's annual allotment on any State that fails to comply with the reporting requirements. It remains to be 11 112A has been published on the higher education completion rates and/or compliance with other NYTD reporting requirements with the first deadline in May 2011.

What is missing from the required data elements in NYTD reporting outcomes are the educational outcome measurements for foster children. Data should be collected and tracked on student educational outcomes regarding such issues as: those who graduate high school but remain in foster care while continuing post-secondary education; the number leaving foster care but continuing in post-secondary education; the number of both groups that enter post secondary education and training and receive secondary school diplomas; and the retention rates in postsecondary programs and graduation rates for those who enter post secondary programs. These educational data elements should be added to the list of data elements that child welfare agencies are required to report to the federal government. The Orphan Foundation of America (OFA) is a private organization that several states contract with to administer aspects of state Education and Training Voucher (ETV) programs.40 OFA has its own data tracking system used in each of the states they partner with that allows data to reflect state trends or drill down to the student level.41 A better data tracking system, much like the OFA software system, needs to be implemented so that there is higher education related consistency and accuracy among child welfare data across all states.

Conclusion

Lawyers, judges, child welfare agency administrators, legislators, educators, and school regulatory bodies should establish collaborative acceptance of joint responsibility for current and former foster youth regarding their development and path to obtaining post- secondary education. Child welfare agencies should, as part of their responsibility for youth in foster care, engage in collaborations with state or local higher education and vocational/job training agencies, related programs, foundations, non-profit charitable organizations and colleges.

At the same time, a clear division of responsibilities for addressing the educational needs of children and youth in foster care needs to be established so that nothing designed to assist foster youth falls through the cracks. Changes in child welfare agency and court practice are needed to: authorize youth to remain in, or re-enter, foster care during periods of higher education, with courts addressing support they need seen how states will comply with the NYTD and how the data will be collected and published in a useful format. Information obtained from the Department of Health and Human Services Administration for Children and Families available at http://www.acf.hhs.gov/programs/cb/systems/nytd/about_nytd.htm 40 National Foster Care Coalition, The Chafee Educational and Training Voucher (ETV) Program: Supplement on State Implementation (2009). 41 Id. OFA’s software system is standardized with each state so that state trends can be analyzed across all states serviced by OFA. The software can generate reports based on sub-groups, varying criteria and for different date ranges. It can create, deploy and evaluate surveys as needed. State agencies can also log into the system and track student progression. The system tracks student data as it changes over time (Including Grade Point Average, credit hours attempted and completed, major); tracks changing social data, such as marital or parental status; tracks student well-being including finances, health, and social academic support systems, etc.

12 112A during this time; encourage agency collaborations with colleges and higher education and vocational/job training agencies; and assure that all youth who have been in foster care have their higher education outcomes measured.

Encouraging states to provide full tuition waivers to their vocational, community college, and state colleges and universities is an important step. Also important is providing the necessary support services to ensure success once in school. This includes, among other things, securing housing year round, campus support groups, and educational support programs to assist these youth in keeping up with their peers. By passing strong legislation in recent years, the federal government has recognized the need to support foster youth and their success in post-secondary education. It is now important that all states continue and expand their efforts and implement policies and programs to see that our children succeed as adults.

Respectfully submitted, Robert G. Schwartz, Chair Commission on Youth at Risk August 2012

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General Information Form

1. Summary of Resolution This resolution addresses support for youth in foster care, or those who have been in foster care, who need to succeed in and complete postsecondary education. It calls for appropriate academic support to help them identify and achieve post high school goals, including vocational education, community colleges, and four-year colleges and universities. It urges such disadvantaged youth receive financial support or tuition fee waivers for college or vocational school to help them afford these opportunities. For example, it is important that they have access to housing during the school year and postsecondary school vacations when school housing might be unavailable, due to their past or present “ward of the state” status. It proposes that these youth have the benefit of judicial inquiry into the support needed during the time of post-secondary education, and that child welfare agencies promote these opportunities through collaborations with state or local higher education and vocational/job training agencies, related programs, foundations, non-profit charitable organizations and colleges.

2. Approval by Submitting Entity The Resolution was approved by the Commission on Youth at Risk on April 4, 2012 through an e-mail vote.

3. Has this or a similar resolution been submitted to the House or Board previously? No similar Resolution has been submitted previously to the House of Delegates or the Board of Governors.

4. What existing Association policies are relevant to this Resolution and how would they be affected by its adoption? There are several existing Association policies which are relevant to this Resolution: Other ABA-approved resolutions have focused on Youth Rights to a High Quality Education (August 2009) and Youth Transitioning from Foster Care (August 2007 and August 2010).

5. What urgency exists which requires action at this meeting of the House? Although we are unaware of legislation pending in Congress addressing the issues included in this Resolution, this issue of higher education access for youth who still are, or have recently been, in foster care is high on the agenda of a number of national organizations that the ABA Center on Children and the Law works with. As higher education costs escalate, these youth who have been “wards of the state” need enhanced attention to their post-high school educational/vocational needs.

6. Status of Legislation This Resolution does not support a specific piece of federal legislation.

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7. Brief explanation regarding plans for implementation of the policy, if adopted by the House of Delegates The Commission on Youth at Risk has already held one Roundtable on this issue, in Michigan, and adoption of this resolution will help spur additional Roundtables on the topic in other parts of the country. Also, the Center on Children and the Law might seek foundation funding to help advocates across the country develop laws, policies, and practices that would further the goals of the resolution.

8. Cost to the Association Adoption of the Resolution will not result in expenditures by the Association.

9. Disclosure of Interest We are not aware potential conflicts of interest related to this Resolution.

10. Referrals The Resolution has been forwarded to these entities: Coalition on Racial and Ethnic Justice Standing Committee on Public Education Commission on Homelessness and Poverty Family Law Individual Rights and Responsibilities Young Lawyers Division Law Student Division State and Local Government Law Government and Public Sector Lawyers Division Commission on Domestic Violence Judicial Division Commission on Women in the Profession Commission on Sexual Orientation and Gender Identity Commission on Disability Rights Standing Committee on Legal Aid and Indigent Defendants

11. Contact Name and Address Information (Prior to Meeting) Howard Davidson, Director, ABA Center on Children and the Law American Bar Association, 740 15th Street, NW, Washington, DC 20005 202/662-1740 [email protected]

12. Contact Name and Address Information (Presenting the Report) Robert G. Schwartz, Juvenile Law Center 1315 Walnut St. Fl. 4, Philadelphia, PA 19107-470 215/625-0551 [email protected] (no cell phone; at meeting contact Howard Davidson at 240/437-7212)

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Executive Summary

1. Summary of the Resolution

This Resolution addresses support for youth in foster care, or those who have been in foster care, who need to succeed in and complete postsecondary education. The Report suggests the importance of appropriate academic support to help them identify and achieve post high school goals, including vocational education, community colleges, and four-year colleges and universities, and it urges such disadvantaged youth receive financial support or tuition fee waivers for college or vocational school to help them afford these opportunities. For example, it is critically important that they have access to housing during the school year and postsecondary school vacations when school housing might be unavailable, due to their past or present “ward of the state” status. It proposes that these youth have the benefit of judicial oversight of support needed during the time of post-secondary education, and that child welfare agencies promote these opportunities through collaborations with state or local higher education and vocational/job training agencies, related programs, foundations, non- profit charitable organizations and colleges.

2. Summary of the Issue that the Resolution Addresses

This Resolution addresses the significant disparities in education for youth who are, or have been, in foster care. Although there has been much work done (supported by the ABA) on improving the outcomes for foster youth, the issue of post-secondary education is one area that has lacked an adequate focus. The focus of this Resolution provides suggestions on how government and critical leaders can help make post-secondary education more easily and readily obtainable for these youth, while also providing support to ensure that their post-secondary education is a success.

3. Please Explain How the Proposed Policy Position will address the issue

The Resolution and the accompanying Report will provide lawmakers, public policy administrators, and others with a concrete set of suggestions to develop comprehensive state strategies for providing more current and former foster youth with higher education opportunities. As the Report points out, of the 70% of youth aging out of foster care who have aspirations to attend college, only 3 to 11% graduate with a bachelor’s degree (compared to 28% in the general population).

4. Summary of Minority Views

We are unaware of any views in opposition to the recommendations in this Resolution.