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PROBATION PROVISIONS IN
CALIFORNIA’S FOSTERING
CONNECTIONS TO
SUCCESS ACT
JENNIFER RODRIGUEZ
MARIA F. RAMIU WEBINAR
YOUTH LAW CENTER AUGUST 30, 2011
Webinar Overview
AB 12 Background
Fostering Connections (PL-110-151),California’s
Implementation(AB 12, AB 212 & CDSS Policies &
Regs, and Current Status)
Why Important for Probation
What AB 12 Provides
General Overview, Kin-GAP, Extended Foster Care
AB 212 Delinquency Related Provisions (How AB 212
will Likely Impact Probation)
Moving Forward
Questions & Answers
AB 12: California Fostering Connections
to Success Act
Began with passage of federal Fostering
Connections to Success and Increasing Adoptions
Act on October 7, 2008 (P.L. 110-351)
Signed by Governor on September 30, 2010
Federally funded Kin-GAP began January 1, 2011
Extended Foster Care Phase-In Begins January 1,
2012
Implementation led by the California Department of
Social Services
Why Important For Probation
AB 212: “Clean-Up” Legislation
Assembly Bill 212 (“AB 212”) is the “clean-up” bill to AB 12
that aims to:
Provide consistency
Address issues that were not addressed in AB 12
Clarify provisions
Amend AB 12 in order to ensure that our program meets federal
standards
AB 212 is an urgency bill and therefore – once signed --
takes effect immediately (except for provisions that have
specified later effective dates)
AB 212 includes some substantive changes particularly
with regard to:
Delinquency youth
Re-entry
What Will AB 12 Do?
Extend benefits to age 20/21 for youth who are:
In foster care
Receiving Kin-GAP or AAP, provided the youth entered
guardianship or adoption at age 16 or later
Living with a nonrelated legal guardian established in
juvenile court
Placed by juvenile court with an approved Cal-WORKs
relative.
Convert California's Kin-GAP into nearly identical
state-funded and a federally subsided programs.
(Note: Kin-GAP may be viable alternative to EFC )
How does AB 12 change Kin-GAP ?
Child only has to be residing with the relative for 6
months prior to exiting
Kin-GAP benefits are determined pursuant to a
negotiated agreement and may be adjusted based
on changed needs
Kin-GAP may continue up to age 20/21 if certain
participation conditions are met (same as EFC) or up
to age 21 for disabled youth regardless of age at
guardianship
Kin-GAP now can be paid out of state
A child can enter Kin–GAP via the voluntary
placement agreement process
What are the basic eligibility requirements for a
youth to receive Kin-GAP under AB 12?
(1) Removed from his home and placed into foster care with
his foster care case supervised by either the
dependency or the delinquency court;
(2) Reside with an approved relative guardian for at least 6
consecutive months,
(3) Have a kinship guardianship established with that
relative, and
(4) Have his or her foster care case dismissed by either the
dependency court or the delinquency court at the same
time or subsequent to the establishment of the
guardianship
How is the amount of the Kin-GAP benefit
determined?
Negotiation between the relative guardian and
the county child welfare agency, probation
department or Indian tribe(up to FCH max + SCI)
Set forth in an agreement that can be adjusted
periodically, as the needs of the child change
If the youth is a parent of a child placed in the
same home, the teen parent rates apply.
If the youth is a regional center consumer, the
dual agency rates app
Extended Foster Care
Phased-in over 3 year period
Beginning January 1, 2012 up to age 19
Beginning January 1, 2013 up to age 20
The final year of extension (from age 20 to
21) in 2014 is subject to a budget
appropriation by the State Legislature
Foster Youth Must Agree to Remain in
Extended Foster Care Program
Participation in foster care after age 18 under AB
12 is voluntary
Youth may decide to exit at anytime before they
turn age 20/21
Youth have the option to return before they turn
20/21
What about youth who are currently age
18, 19 or 20?
AB 12 does not retroactively apply to those youth
who age out of foster care and have their juvenile
court cases terminated prior to January 1, 2012.
Foster youth who turn 18 during 2011, age out of
AFDC-FC eligibility and remain under the
jurisdiction of the juvenile court may on 1/1/12
regain AFDC-FC eligibility up to age 19 if they
meet new extended care requirements.
What are the basic eligibility requirements for foster
youth to receive benefits after age 18 under AB 12? ?
The youth must:
(1) sign a mutual agreement with the county child welfare or
probation agency or tribe that has a IV-E agreement with
the state for supervision and support;
(2) continue under the supervision of the juvenile court as a
dependent or a ward,
(3) meet one of the five participation conditions, and
(4) agree to live in a supervised placement that is licensed
or approved under new standards for 18 to 21 year olds.
What does a youth have to do to meet the
participation conditions of AB 12?
(1) Completing secondary education or a program
leading to an equivalent credential,
(2) Enrolled in an institution which provides post-
secondary or vocational education,
(3) Participating in a program or activity designed to
promote, or remove barriers to, employment
(4) Employed for at least 80 hours per month, OR
(5) Unable to do one of the above requirements because
of a medical condition.
What does it mean for a youth over 18 to be in
foster care under the jurisdiction of the court?
Youth continues to have a six-month review
hearing in court conducted in a manner that
respects the youth’s status as a legal adult
Parents are not noticed, nor parties to the hearing
Youth agrees to continue in care and meet one
of the participation conditions in accord w/TILP
Court will ensure the youth continues to meet
one of the participation conditions
P.O./SW continue case management (i.e.
placement, monthly visits, court reports etc…)
Are there any limitations on where a youth can live in
order to receive foster care benefits under AB 12?
Yes, the placements available to youth after age 18
include:
Approved home of a relative or NREFM (approved);
Foster family home (licensed);
Foster Family Agency certified home (licensed);
Group home, subject to new limitations (licensed);
Home of a non-related legal guardian/former (approved by the
juvenile court);
THP-Plus Foster Care (approved);
Supervised Independent Living setting “SIL” (approved).
Placement Considerations for Extended
Foster Care
Need to be appropriate for young adult status and
consistent with needs as provided in TILP
Should be based upon the developmental needs of young adults
by providing opportunities to have incremental responsibilities that
prepare for transition to independent living
Age limitation on group home placements
SIL in settings that already have health and safety standards (e. g. college
dorms) don’t need additional approval standards.
SIL roommates do not need to be assessed – case management
discussion opportunity between youth and P.O./SW
Criminal background not bar to eligibility for extended
care, but background may be appropriate in assessing
appropriateness of placement (e.g. licensed foster home
with minor dependents may not be appropriate).
Note: Re-entering youth need criminal background
check, but convictions are not bar to reentry eligibility.
What is a Supervised Independent Living setting and
how is it different than the other placement options
available to youth 18 to 21?
New placement option for youth age 18 to 21
Is a supervised setting as specified in case plan
Must meet basic health and safety standards
Standards TBD but current proposal exempts certain
settings(e.g. college dorms) and provides for streamlined
approval process consistent with adult status
May receive the foster care benefit directly
Basic rate paid
Not eligible for specialized care increment
What is THP-Plus Foster Care and how is it
different than the current THP-Plus program?
Modeled after the existing THP-Plus program for
former foster youth (non-dependents/wards)
Approved by county using licensing standards for
THP-Plus providers
Differs from the current THP-Plus program in two
ways:
Child welfare or probation supervision
Juvenile court jurisdiction
What is the “TILP” ( Transitional Independent
Living Plan)
Case plan designed to help nonminor foster
youth successfully move to adulthood by:
Developing a permanent connection with a
caring adult
Developing independent living skills and
opportunities for incremental responsibility &
Living in the least restrictive placement
(WIC 11400 (y))
How does AB 12 affect group home
placements for youth age 18 to 21?
AB 12 specifies that youth may remain in a group
home after age 19 or until high school graduation
only if it is necessary due to a medical condition.
(WIC 16501.1( c ))
Medical condition will be defined by CDSS in
state regulation
What are foster care rates paid for youth age
18 to 21?
Foster care benefit that is set according to the
youth’s placement and, in some cases, the youth’s
special needs
Different rates available for relatives, guardians,
foster family homes, group homes, and foster
family agencies
Youth in SIL get basic rate
THP-Plus Foster Care statewide rate, to be
determined
Can a youth receive the foster care benefits
directly?
Yes, youth in SIL may receive the foster care
benefit directly (WIC 11403)
How are probation youth impacted
under AB 12?
Two groups of probation youth are impacted:
Delinquent minors and nonminors in a foster care placement
Delinquent minors who were dependent youth in foster care
when they became delinquents
What is different for delinquent youth?
For minor wards in foster care or minor wards who were
dependents when wardship was declared, court must
examine whether youth can return home safely after
termination, and if not, must consider modification of
jurisdiction
For wards in foster care, court must offer extended foster
care & re-entry on same basis as dependents.
Problems with AB 12 approach
Forces youth over 18 to remain delinquent in order to
access extended foster care
Requires a youth who exits foster care as a
delinquent to re-enter as a delinquent when
accessing extended foster care
Does not adequately protect parent’s right of due
process when a delinquent who has never been a
dependent is alleged to be a dependent child
(requires allegations against a parent)
AB 212 Proposed Amendments
• Creates new jurisdictional status for transition youth
(WIC §§ 450-452):
• Treats as dependents, but does not require 300 allegations
• Is based on same findings for removal in a delinquency matter
• Eligibility for new status (WIC § 450):
• Delinquent youth 17.5 to 18 who are in the AB 12 groups (in foster
care or prior 300’s) and are not receiving reunification services or
have a permanent plan of adoption or guardianship & who cannot
be returned home
• Delinquent youth 18 and over who are in foster care and want to
participate in AB 12 services and meet eligibility requirements
When can transition jurisdiction be
taken?
For eligible youth, the court can modify youth’s
status when it is prepared to terminate
delinquency jurisdiction (WIC §§ 450, 451
607.2 & 727.2(i))
As a re-entry status for youth who exited foster
care as nonminor delinquents, and wish to re-
enter foster care (WIC §§ 450 & 607.2)
WHEN ELSE MUST THE COURT CONSIDER
MODIFYING JURISDICTION OVER A WARD?
At the status review hearing held closest to the ward
attaining 18 years of age, which must occur at least 90
days before the ward’s 18th birthday.
(WIC §727.2 (i))
At this hearing, COURT MUST consider whether to assume
transition jurisdiction over the ward pursuant to §450. The
probation department must address this issue in its report to
the court and make a recommendation as to whether transition
jurisdiction is appropriate for the ward.
What about youth who are not
eligible for transition jurisdiction?
Their cases would be handled consistent with
the intent of AB 12 :
Upon termination, court would look at whether
jurisdiction should be modified to dependency
(WIC §§ 607.2(b) & 727.2 (i) )
Procedural mechanism for modification would
depend on whether child was a prior dependent
If yes, court would re-open that petition
If no, court can order (defender or probation) to apply
for 300 petition pursuant to WIC 329 process.
(WIC §§ 607.2(b) & 727.2 (i) (2))
MUST COURT MODIFY JURISDICTION
TO TRANSITION OR DEPENDENCY?
No. If ward has not met rehabilitative goals court
may continue delinquency jurisdiction of a ward
in foster care. At the last review hearing before
the ward’s 18th birthday the court must ensure
that the TILP provides for the ward meeting one
of the 5 participation conditions for EFC. Ward
must sign mutual agreement (agreeing to
participate in EFC and meet one of the
participation conditions) to continue AFDC-FC
eligibility. (WIC 727.2(i)&(j), 11403)
AB 212 – Impact on Wards Under Age 17.5 Who Have Met Rehabilitative Goals
All Statutory References Are to the Welfare and Institutions Code
AB 12 has no effect
No
on these wards.
Dependent in foster
care at time court
In a foster care No takes 601/2 juris?
placement/ subject
to a foster care
placement order?
Yes
Yes
No
Risk of abuse or
Ward returns home.
neglect and cannot be
returned home safely?
Court vacates order
Yes Prior 300 petition terminating 300
dismissed when child jurisdiction and resumes
made 601/2 ward? 300 jurisdiction based on
Yes
prior petition.
No
Court directs probation or
child’s attorney to file 300
referral with child welfare under
WIC 329. Court holds hearing
on petition issue w/in 20
judicial days. May order CW to
file petition.
Proposed Amendments to AB 12 – Impact on Wards Age 17.5 to 18 Who Have Met Rehabilitative
Goals
All Statutory References Are to the Welfare and Institutions Code
AB 12 has no effect
No
on these wards.
Dependent in foster
care at time court
No
In a foster care takes 601/2 juris?
placement/
subject to a
foster care Yes
placement Yes Substantial risk of Yes Court can modify its
No jurisdiction to take jurisdiction
order? Reunification services detriment if youth
active, TPR hearing set, returns home? pursuant to Section 450 –
or Kin-GAP pending? §450(d) transitional age foster youth
No
Yes No Ward returns home (or to
adoption or guardianship)
Risk of abuse or neglect & can’t
be returned home safely? Court vacates order
Yes terminating 300
Prior 300 petition
terminated when child jurisdiction and resumes
Yes made 601/2 ward? 300 jurisdiction based on
prior petition
No
Court directs probation or
child’s attorney to file 300
referral with child welfare under
WIC 329. Court holds hearing
on petition issue.
AB 212 – Impact on Wards 18 to 21 Who Have Met Rehabilitative Goals
All Statutory References Are to the Welfare and Institutions Code
AB 12 has no effect
on these wards.
In a foster care No
placement/
subject to a Court can modify its
foster care jurisdiction to take
placement jurisdiction pursuant to
order? Yes Section 450 transitional age
Ward wishes to enter a foster youth.
Yes mutual agreement and
become a nonminor
dependent & remain in
foster care?
Termination hearing required, court make minor
No aware of ability to re-enter via a voluntary re-
rentry agreement. Ward must have a 90 day
transition plan and have received all required
documents pursuant to Section 391 for
termination of foster care.
Who supervises youth under transition
jurisdiction?
AB 12, supervision of a youth who exits delinquency
to dependency would be determined by the county
241.1 protocol – meaning it could be either probation
or child welfare
AB 212 keeps with this approach by allowing
counties to determine who should be the supervising
agency for transition jurisdiction youth based on the
needs of the youth (WIC § 451(c ))
These changes solve the key issues
raised by AB 12
Provides a non-delinquent status for youth who are
ready to exit delinquent supervision but cannot go
home
Provides a non-delinquent status for re-entry of
eligible delinquent youth
Does not require a 300 petition or allegations against
parents
AB 212: New Re-entry Provisions
Goals for re-entry
Allow youth to opt-out of extended foster care at any time
before they turn 20/21
No limit on number of exits and re-entries
No obligations on the youth to meet with P.O./SW, attend
hearings, or do anything else related to extended foster care
during an opt-out period
Old concept of “trial independence” (that was
mechanism for re-entry under AB 12) does not allow
us to achieve these goals
AB 212: New Re-entry Provisions
AB 212 replaces “trial independence” with a
new mechanism for allowing for re-entry
This allows youth who opt out of extended care
to re-enter by signing a Voluntary Re-entry
Agreement with the placing agency (WIC §§
607.3, 11400(z), 11401(e),11401.1(c) & 11403(b))
Definition: Voluntary Re-entry Agreement
A written voluntary agreement documents:
Desire and willingness to re-enter foster care
Desire and willingness to be placed in a supervised setting
Desire, willingness and ability to immediately participate in
one or more of the five participation conditions
Agreement to work collaboratively with the placing agency to
develop transitional independent living case plan within 60
days of re-entry
Agreement to report any changes of circumstances relevant
to continued eligibility for foster care payments,
Agreement to participate in the filing of a petition for juvenile
court jurisdiction within 15 judicial days of the signing of the
agreement;
Placing agency’s efforts and supportive services to
assist nonminor in the re-entry process.
(WIC §11400(z))
Mechanics of re-entry with a
Voluntary Re-Entry Agreement
Aid may be resumed at request of the nonminor by
completing a voluntary re-entry agreement followed by or
concurrently with a petition filed with juvenile court to resume
dependency or transition jurisdiction
The placing agency is required to file petition to resume
dependency or transition jurisdiction within 15 days of the signing
of the Voluntary Re-entry Agreement WIC 388(e)
The placing agency is required to “complete the voluntary re-
entry agreement with the nonminor who agrees to meet the
criteria of the agreement as described in subdivision (z) of
Section 11400.” WIC 11403(e)
Voluntary Re-entry-Payment of Benefits
Eligibility for federal foster care is a new
determination
Based on nonminor’s income/resources (NOT
income/resource of parent(s))
If a nonminor is not eligible for federal foster care
funding, he/she would be eligible for state foster
care funding (unless placed with a relative)
Beginning date of payment is the date the Voluntary
Re-entry Agreement is signed WIC 11403(e)
Probation AB12 Considerations
Extended care is a voluntary program on youth’s part
Kin-GAP is an option for youth after their 16th birthday who can’t go
home, but can live with relative when not interested in extended care
supervision (must still meet participation conditions)
Although we may interact with 18+ differently, Feds remind us that
the same IV-E mandates for probation youth in foster care apply to
young people 18 and older in extended care
We still can draw down IV-E admin funds for IV-E case management
work (should continue to time study (track time) for probation officer
duties)
Probation should be working collaboratively with CW counterparts
on AB 12 implementation planning
