What Lawyers, Judges and Agencies Should Be Doing for Kids Aging Out of Foster Care Course ...

274 Pages·2013·6.66 MB·English

F 17-21: W L ,
ROM H AT AWYERS

J A S
UDGES AND GE NCIES HOULD

B D K A O
E OING FOR IDS GING UT

F C
OF OSTER ARE

Presented by the

American Bar Asso ciation
Section of Litigati on and

Center for Professional Development
American Bar Association
Center for Professional Development
321 North Clark Street, Suite 1900
Chicago, IL 60654-7598
www.americanbar.org
800.285.2221

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The materials contained herein represent the opinions of the authors and editors and should not be
construed to be the action of the American Bar Association Section of Litigation or Center for
Professional Development unless adopted pursuant to the bylaws of the Association.

Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and
readers are responsible for obtaining such advice from their own legal counsel. This book and any forms
and agreements herein are intended for educational and informational purposes only.

© 2013 American Bar Association. All rights reserved.

This publication accompanies the audio program entitled “From 17-21: What Lawyers, Judges and
Agencies Should Be Doing for Kids Aging Out of Foster Care” broadcast on March 12, 2013 (event code:
CET3FST).
TABLE OF CONTENTS

1. Presentation Slides

2. Judicial Guide to Fostering Connections to Success and Increasing Adoptions Act of
2008 (PL 110-351)1

3. Transitioning Youth Advocacy Checklist Exhibit Form

4. Foster Care Exit Review Hearing Form

5. ACL 07-10 Best Practice Guidelines for Screening and Providing for Foster Children
with Disabilities

6. Discharge Plan for Youth Aging Out of DFCS Custody Form

7. Adolescents, the Foster Care System, and the Transition to Adulthood: What Legal
Aid Lawyers Need to Know
Alice Bussiere, Jennifer Pokempner and Jennifer Troia

8. Fostering Connections to Success: Extending a Social Safety Net for Youths Facing
Homelessness2
Jennifer Pokempner, Jennifer Rodriguez and Alice Bussiere

9. FosterClub’s Transition toolkit3

10. Sample State Legislation to Extend Foster Care, Adoption and Guardianship
Protections, Services and Payments to Young Adults Age 18 and Older (June 2010)4

11. Clearinghouse Review: Journal of Poverty Law and Policy—Vol. 44, Numbers 11-12
(March-April 2011)5

12. Youth Participation in Court Hearings: California Permanency for Youth Task Force
Recommendations to The Blue Ribbon Commission on Children in Foster Care
(faculty permission)

13. California Welfare and Institution Code §391

14. Pennsylvania Juvenile Court Rules of Procedure
A. Rule 1608. Permanency Hearing
B. Rule 1613. Termination of Court Supervision

15. Independent Living Services Matrix

16. Lighting the Way: Preparing Foster Youth for Self-Sufficiency6
Bob Mecum
17. Program Resources

18. Additional Online ABA Resources

19. AB 12: Extended Benefits for Youth Over 18: Resources

20. Fostering Connections Resources and Transition Planning Tools

1 Copyright 2011© by the American Bar Association. Reprinted with permission. This information or any or portion
thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval
system without the express written consent of the American Bar Association.
2 This article was first published in 40 Clearinghouse Review: Journal of Poverty Law and Policy 159 (July-August
2005) copyright sign 2005 Sargent Shriver National Center on Poverty Law.
3 The content of the FosterClub Transition Toolkit, both in PDF format and online, is copyright © 2010 FosterClub,
Inc.and FosteringConnections.org. Licensed under a Creative Commons Attribution-Noncommercial 3.0 United States
License. Permission granted to copy, adapt, distribute and transmit this work so long as not used for commercial
purposes, work is attributed, and this notice remains intact. For more information, contact FosterClub at 503-717-1552
or visit www.fosterclub.org and www.fosteringconnections.org.
4 Copyright 2011© by the American Bar Association. Reprinted with permission. This information or any or portion
thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval
system without the express written consent of the American Bar Association.
5 This article was first published in 40 Clearinghouse Review: Journal of Poverty Law and Policy 159 (July-August
2005) copyright sign 2005 Sargent Shriver National Center on Poverty Law.
6 Copyright 2013© by the American Bar Association. Reprinted with permission. This information or any or portion
thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval
system without the express written consent of the American Bar Association.
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From 17-21:
What Lawyers, Judges, and Agencies Should Be Doing
for Kids Aging out of Foster Care
Tuesday, March 12th, 2013 | 1:00 PM Eastern
Sponsored by the ABA Section of Litigation & Center for Professional Development
www.americanbar.org | www.abacle.org
Education
• Most studies show foster youth to be less likely than their peers
to earn a high school diploma or GED
• Studies find that former foster youth have low rates of college
attendance

At age 21… Midwest Study Add Health
No high school diploma/GED 23.0 10.8
High school diploma only 37.6 29.7
GED only 9.7 6.6
One or more years of college but no
27.9 43.0
degree
www.americanbar.org | www.abacle.org
1
Economic Wellbeing
Foster youth in transition face a very difficult time achieving
financial independence. Compared to their peers they:
• Experience lower rates of employment
• Have lower wages, which frequently leave them in poverty
• Are more likely to rely on government assistance

Age 21, in past 12 months… Midwest Study Add Health
Not enough $ to pay rent 26.5 8.6
Not enough $ to pay utility bill 26.5 10.9
Phone service disconnected 32.8 19.1
Evicted 8.3 1.4
Mean number of hardships 1.02 0.46
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Crime and Criminal Justice System
Involvement
• Foster youth in transition are more likely than their peers to experience
involvement with juvenile and adult justice systems
Males Females
Midwest Add Midwest Add
Study Health Study Health
Ever arrested 77.0 20.1 54.0 4.3
Arrested since age 18 55.3 7.5 29.6 .5
Ever incarcerated 69.3 --- 40.7 ---
Incarcerated since age 18 54.0 --- 24.5 ---
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2
Changing Norms about Young Adulthood
• Parents spend an average of $38,000 on each
child aged 18-34, or about $2,200 a year for
education, housing, food, or cash.
• Parents give an average of 367 hours of family
help per year even when their grown children
live away from home.
• 19 percent of males and 10 percent of females
aged 25-34 live with parents
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Legal Landscape
• State initiatives
– Palmer v. Cuomo - youth discharged to
homelessness
• Federal initiatives
– 1987 funding for independent living
– 1999 Chafee - transitional Medicaid and funding for
transitional services (housing, education etc.)
– 2010 Fostering Connections – transitional
independent living plan, financial support, new
placements
– 2014 Health Care Reform – coverage to age 26

www.americanbar.org | www.abacle.org
3
Federal Law Requirements –
Permanency/Support of Family Connections
• Relative Notification--42 U.S.C.A. 671 (a)(29)
– Notification to grandparents and adult
relatives w/in 30 days of removal
• Sibling Placement and Visitation—42 U.S.C.A.
671 (a)(31)
– Reasonable efforts to be made to place
siblings together and assure frequent
visitation if joint placement cannot be done
safely
www.americanbar.org | www.abacle.org
Federal Law Requirements –
Ensuring Services are Provided to Achieve Permanency
• Least Restrictive/Most Family Like Guarantee—
42 U.S.C.A. 675 (5)(A)
• Reasonable Efforts to Finalize the Permanency
Plan—45 CFR 1356.21 (b)(2)
– Findings must be made at every permanency
hearing

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4
Federal Law Requirements –
Restricting the Use of APPLA
• Requirements around Selecting APPLA as the
permanency goal—42 U.S.C.A. 675 (5)(C)(i); 45
CFR 1356.21(h)(3)
– Another Planned Permanent Living
Arrangement is the least preferred
permanency goal
– The goal can only be changed to APPLA after
the court has determined that compelling
reasons exist to rule out the other plans
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Federal Law Requirements –
Provisions that Assist with the Achievement of Permanency
• State option to provide extended permanency
subsidies—42 U.S.C.A. 675 (8)(B)
– State option to extend foster care,
guardianship and adoption subsidies until age
21 for permanency arrangements entered into
when the youth is 16 and older
• Expansion of IL Services and ETV –42 U.S.C.A.
677 (a)(7) & (i)(2)
– Youth who were adopted or entered
guardianships at age 16 or older are eligible
for IL and ETV

www.americanbar.org | www.abacle.org
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