Workshop Session I
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June 3–4, 2010 Beyond the Bench 20: Collaboration Works! HANDOUTS San Diego, CA Achieving Safety and Stability in Challenging Times This PDF of workshop materials is to be used only for non-commercial reference purposes, to supplement the trainings presented at Beyond the Bench 20. We thank the conference faculty and their colleagues for their contributions to this CD. The highlighted workshops below provided handout materials: .THURSDAY – JUNE 3, 2010 .9:30 am – 10:45. Workshop Session I I.A. Alphabet Soup: Understanding Child Welfare Funding Streams and Foster Care Benefits I.B. Assessing Risk: How to Determine Whether a Youth has Mental Health Issues I.C. Coordinating Family Finding Efforts I.D. Defining Reasonable Efforts in Unreasonable Fiscal Times I.E. Delinquency Legal Update I.F. Don’t Count Me Out – Effective Youth Advocacy for Change [*Y] I.G. Effective Collaboration Among Family Courts and Social Services I.H. Juvenile Interstate Compact I.I. Promising Practices Regarding Child Abuse Allegations During Mediation I.J. Reasonable Efforts in Dependency Cases Involving Domestic Violence I.K. Recent Advances in Reducing Disproportionate Minority Contact in California’s Juvenile Justice System I.L. Understanding Fatherhood in the Context of Domestic Violence Session M. SHARE Tolerance Program (Stop Hate And Respect Everyone) (all time slots). This special poster session will be repeated throughout all time slots. Attendance is limited to 24 attendees per time slot. Before you choose to print these materials, please make sure to specify the range of pages. Before you choose to print these materials, please make sure to specify the range of pages. Administrative Office of the Courts, Center for Families, Children & the Courts June 3–4, 2010 Beyond the Bench 20: Collaboration Works! HANDOUTS San Diego, CA Achieving Safety and Stability in Challenging Times .THURSDAY – JUNE 3, 2010 .9:30 am – 10:45. Workshop Session I I.A. Alphabet Soup: Understanding Child Welfare Funding Streams and Foster Care Benefits target audience: The faculty will discuss various federal and state benefit programs (including AFDC-FC, attorneys Kin-GAP, AAP, CalWORKS, SSI) and provide a framework for understanding eligibility court criteria and application processes. administrators social workers Learning Objectives: Faculty: judicial officers • Identify the major federal and state o Angie Schwartz probation officers funding streams that impact child Attorney, Alliance for welfare. Children's Rights • Describe how to overcome o Alice Bussiere administrative barriers to obtaining Staff Attorney, Youth Law Center services for families and children. o Brian Blalock • Integrate the knowledge of how Attorney, Bay Area Legal Aid funding streams operate with achieving higher reunification rates and more stable permanency goals. Before you choose to print these materials, please make sure to specify the range of pages. Before you choose to print these materials, please make sure to specify the range of pages. Administrative Office of the Courts, Center for Families, Children & the Courts Hypo Alphabet Soup: • Julius, age 5, and Sarah, age 16, are siblings • Their father has died and their mother is an Benefits for Children in alcoholic who is unable to care for them most of the time. Foster Care • Julius has physical and emotional disabilities as a result of prenatal alcohol exposure. • Sarah has started skipping school and Beyond the Bench hanging around with some kids who live on June 3, 2010 the street. • Grandma Jones is willing to care for them but lives on a small pension. Who is a relative? The Cast An adult related to the child by blood, adoption, • Foster Care – AFDC-FC or marriage within the fifth degree of kinship. Includes: – Federal – Title IV-E • Mother • Aunts and Uncles (great, great-great) – State • Father • Stepparents • First cousins • CalWORKS (TANF) • Siblings • First cousins once- removed •Kin-GAP • Step-Siblings • Nieces and nephews • Grandparents (great, • AAP Spouse of any relative great-great, great-great- • on list (even if relative is great) • SSI divorced or deceased) Everyone else is a non-relative! Aid to Families with Dependent AFDC-FC: Basic Eligibility ChildrenChildren--FosterFoster Care (AFDC-(AFDC-FC)FC) Age: • Title IV-E of the Social Security Act • Under 18 (or 19) § – 42 U.S.C. 670 et seq. • (More on age-related eligibility later) – 45 C.F.R. § 1356 et seq. • Cal. Welf. and Inst. Code § 11400 et seq. • California’s Manual of Policy and Procedure (MPP) § 45-200 et seq. 1 AFDC-FC: Basic Eligibility AFDC-FC: Basic Eligibility Dependency: • Removed by court Placement: – remaining in the home would be contrary to the • Licensed foster family home, group home, child’s welfare or foster family agency – reasonable efforts were made to avoid removal • Approved home of a relative or non- • Relinquished for adoption or parental rights relative extended family member terminated • Voluntarily placed by parent or guardian • Home of a non-related legal guardian • Living with non-related legal guardian, OR • In foster care under the Indian Child Welfare Act Federal AFDC-FC: Linkage Requirement AFDC-FC: What Do They Get? Meet the 1996 AFDC criteria in the home of removal • Monthly cash benefit – in the month the petition is filed • Medi-Cal OR • Other, such as clothing allowance – in any of the 6 months prior to the month the petition is filed. AFDC-FC: Cash Benefit AFDC-FC Out of County • Foster Family Homes: Youth – Basic rate: $446 - $659 – Specialized Care Increments: $18 - $1413 • When a child is placed in a county different from the county with payment responsibility: • Foster Family Agencies: – the county pays the host county basic rate and the – Non-Treatment: $ 373 - $522 host county specialized care rate – Treatment: $1430 - $1679 • If the host county has no specialized care rate, then the county pays its own specialized care rate. • Intensive Treatment: • When a child is placed out of state, the – $2687 - $ 4028 Interstate Compact on the Placement of Children applies. • Group Homes: $1337 - $6025 – The sending agency continues to have financial responsibility for the child. Rates Are Per Child! 2 AFDC-FC: Regional Center AFDC-FC: Regional Center Clients Clients • Youth who receive AFDC-FC benefits • Standard rates July 1, 2007 and who are also regional center clients are eligible for a higher level of cash • Current placements grandfathered bfitbenefits. • Eligibility for regional center services: • Lower rates raised to July 1, 2007 level – mental retardation, cerebral palsy, epilepsy, autism, and the “5th Category” • Vendored providers get DDS rates – Children under 3 years old may also qualify for services under California Early Start Intervention Services Act AFDC-FC: Regional Center Clients AFDC-FC (Federal or State): When Does It End? • Regional Center: $2006 per month Age 18 OR • Regional Center, Extraordinary care and supervision: $1000 county discretion (ACL Age 19 IF: 08-54) • In foster care AND • Full time high school or equivalent • Early Start Intervention: $898 training, or pursuing high school equivalency AND • Regional Centers must purchase or secure services in the child’s IPP or IFSP • Reasonably expected to graduate, complete the program or receive a high school equivalency certificate, before his or her 19th birthday AFDC-FC (Federal or State): Hypo When Does It End? • Julius, age 5, and Sarah, age 16, are siblings • Leonard v Wagner • Their father has died and their mother is an alcoholic who is unable to care for them most of the time. • Fostering Connections • Julius has physical and emotional disabilities as a result of prenatal alcohol exposure. • Sarah has started skipping school and • AB 12 hanging around with some kids who live on the street. • Grandma Jones is willing to care for them but lives on a small pension. 3 Temporary Assistance for Needy Families (TANF) & Hypo Questions California Work Opportunity and • What benefits are available if the children are Responsibility to Kids removed and placed in foster care (CalWORKs) – With Grandma Jones? – With a licensed foster care provider? • “Title IV-A”: Title 42 of the Social • What additional information do you need to Security Act, Chapter 7, Subchapter IV, know? Part A • How might it complicate the case if Grandma • 42 U.S.C. § 601 et seq. Jones lives in a different county other than • 45 C.F.R. § 260 et seq. the county of dependency? • Calf. Welf. and Inst. Code § 11200 et seq. • California’s Manual of Policy and CalWORKs: Basic Eligibility CalWORKs: Who Gets It? • Need Children living with relatives: • Living in the home of a “caretaker relative” • Age • Not in foster care – informal care • U.S. Citizen or Qualified Status AND • In foster care but do not qualify for federal Title IV-E foster care benefits • Deprivation – Deprived of parental support by parent’s physical or mental incapacity, incarceration, unemployment, or continued absence from the home Caretaker Relatives: Welfare CalWORKs: Who Gets It? to Work Exemption • Nonparent relative Needy caretaker relatives when the child receives: •Caring for a child who is – Dependent or ward of the court OR •CalWORKs – Receiving Kin-GAP OR • AFDC-FC – At-Risk of Placement in Foster Care • Kin-GAP, or • SSI • Responsibilities beyond normal parenting 4 CalWORKs: What Do they Get? CalWORKs: When Does It End? REGION 1 REGION 2 AU Size MAP Exempt MAP Non- AU Size MAP Exempt MAP Non- Exempt Exempt Age 18 OR 1 382 345 1 363 326 2 627 561 2 598 533 Age 19 IF: 3 776 694 3 740 661 • Reside with the relative caregiver 4 923 828 4 879 788 5 1050 941 5 1003 897 AND 6 1180 1057 6 1125 1007 • Full time high school or equivalent training, 7 1296 1162 7 1236 1104 8 1414 1265 8 1347 1205 OR pursuing a high school equivalency 9 1527 1367 9 1457 1302 10 1641 1469 10 1564 1398 certificate 10+ 1641 1469 10+ 1564 1398 AND Payment Decreases Per • Reasonably expected to graduate, complete Child! the program or receive a high school equivalency certificate, before his or her 19th CalWORKs: Hypo When Does It End? • Fry v Saenz • Julius, age 5, and Sarah, age 16, are siblings • Their father has died and their mother is an alcoholic who is unable to care for them most • Youth with disabilities have no of the time.