Training Objectives

Understanding :• The Role of the GAL

• Extended Foster Care (EFC)

• Postsecondary Education Services and Support (PESS)

• Aftercare Services

• Grandfathered IL Programs

• Transition Planning

• Judicial Review – 17 Year Olds

www.GuardianadLitem.org

April 2014

1

Independent Living

Redesign

Common Sense and Compassion

Independent Living Act

&

The Role of the

Guardian ad Litem

A law was passed in Florida, which took effect January 1, 2014, that gives young adults in foster care more choices and flexibility when they turn 18. The law

offers Extended Foster Care, Postsecondary Education Services

and Support, and Aftercare Services.

Senator Nancy C. Detert Common Sense and Compassion

Independent Living Act

The Role of the Guardian ad Litem

The Guardian ad Litem’s Role

When a young adult reaches 18 its is important for a GAL to transition from

being a child advocate to being a significant adult in the life of young

adult

The Guardian ad Litem’s Role

To become a significant adult in the life of young adult.

•Treat the youth as a partner who is taking on ever-increasing responsibility for his/her life

•Help the youth recognize his/her strengths and build on them

The Guardian ad Litem’s Role

To become a significant adult in the life of young adult.

•Recognize that young people have differing backgrounds that require different approaches

•Remember that it is healthy to have respectful disagreement

The Guardian ad Litem’s Role

To become a significant adult in the life of young adult.•Acknowledge the youth’s dreams, hopes and ideas; assist the youth with using them as they prepare for their transition plan meeting

•Help them stay focused on activities with outcomes --- securing housing; making decisions about their education; applying for a job; health insurance

•Celebrate their successes, big and small

• Monthly contact between the GAL and youth should continue. Face –to - face contact is preferred, but not required.

• Time spent with the youth should focus on doing things together and helping them to gain new skills, knowledge and tools in order to have a sense of control over their own lives.

The Guardian ad Litem’s Role

• The GAL will submit a court report for all judicial review and permanency hearings that addresses the youth’s living arrangements, education and needed services that have been identified

• The GAL is encouraged to attend court hearings in support of the youth

The Guardian ad Litem’s Role

• The GAL will attend transition plan meetings and support the young adult in making their decisions

• Explain Extended Foster Care, Postsecondary Education Services and Support (PESS), and Aftercare Services to the young adult including the ability to re-enter the programs and how to re-enter. Pros and Cons of each and any other information necessary for the young adult to make decisions.

The Guardian ad Litem’s Role

Extended Foster Care (EFC)

Extended Foster Care

Extended Foster Care (EFC) automatic extended court jurisdiction allows young adults to remain in foster care until their 21st birthday, or 22nd birthday if they have a documented disability.

Young adults can leave and re-enter foster care at any time.

In licensed foster care on their 18th birthday AND

• Are working at least 80 hours per month OR

• Are in high school / GED/College, etc. OR

• Are participating in a job skills program OR

• Are unable to participate in any of the above activities due to a disability.

Young adults can choose Extended Foster Care (EFC) if:

Young Adults Who Choose EFC Will:

• Live with foster parents, or in a group home, apartment, dorm or other supervised independent environment.

• Be given living expenses like food and transportation and have an allowance to practice budgeting.

• Attend Court reviews every six months – or more often if requested

Young Adults Who Choose EFC Will:

• Meet with a caseworker every month

• Continue to participate in at least one of the activities listed above (job, school, job skills program)

• Everything remains status quo, and GAL duties remain the same unless the young adult decides they want to have their case closed. They can re-enter EFC at any time.

• The GAL Attorney may file any pleadings throughout extended foster care even if the young adult is no longer in licensed care.

What Does Extended Foster Care Mean For GALs?

Postsecondary Education Services and Support (PESS)

Postsecondary Education Services and Support (PESS) provides $1,256 per month to

young adults 18 years of age but are not yet 23 and are enrolled in college, a university or vocational

school that is Florida Bright Futures eligible at least 9 hours a

semester (like a new RTI)

Young adults can choose Postsecondary Education Services

and Support (PESS) if:

They turned 18 while residing in licensed care and have spent a total of six months in licensed out-of-home care before turning 18 OR

They were adopted after the age of 16 from foster care or placed with a court-approved dependency guardian after spending at least 6 months in licensed care within the 12 months immediately preceding such placement or adoption AND

Have earned a standard high school diploma, or its equivalent.

If in EFC, then the young adult must live in an approved living arrangement

If the Young Adult is not in EFC, the Young Adult may live in any place of his or her choosing

For the Young Adult who is not in EFC, there is no prohibition against living with a parent or relative, nor does being married or adult-adopted disqualify a Young Adult from receiving PESS

PESS & Living Arrangements

Aftercare Services

Aftercare Services

Aftercare Services are available to young adults 18 years old but not yet 23 years old

who are not enrolled in EFC or PESS

Aftercare Services

Provides Temporary Emergency Services

Services Being Phased-Out and Grandfathered Services

• Pre-independent Living

• Subsidized Independent Living

• Transitional Support Services

Services Being Phased Out As of Jan. 1, 2014

• “Old” RTI = PESS

Grandfathering of Existing Independent Living Programs

Young Adults currently in the “old” Road to Independence program can continue in that program until they leave due to age, college graduation, termination based on ineligibility or a voluntary exit.

A young adult currently receiving Transitional Services can continue until March 31, 2014.

Grandfathering of Existing Independent Living Programs

• Once the young adult leaves the program the grandfathering expires – no reinstatement

• A young adult that was in the “old” RTI may apply for EFC, PESS or Aftercare

• Grandfathered programs can continue until December 31, 2018

Grandfathering of Existing Independent Living Programs

Chart – Grandfathered Programs – Double Click Icon

Transition Planning

Transition Planning

Young adults who choose extended foster care will

participate in developing a transition plan. It should be updated as needed, include input from significant adults in the young adults life and

will be regularly reviewed by the court

Transition Planning

Development of Transition Plan

•During the 6 month period after young adult reaches 17

•Time, date, and place must be convenient for the young adult  

•Time, date, and place must be convenient for the individual whom the young adult would like to include

Transition Planning

Development of Transition Plan (continued)•Conducted in the child’s primary language

•If child is leaving care upon age 18, must be approved by the court

•To be reviewed and updated as needed as long as child remains in care

• Young adults are required to participate

• Department

• Community-based care provider

Transition Plan – Who Participates

• Caregiver

• Adult significant to youth would like to invite to participate in the meeting – this can be their GAL

Must address options for the young adult to obtain some or all of the following services

• Housing

• Health Insurance

• Education

Transition Plan

• Workforce support & Employment services

• Information to establish and maintain naturally occurring mentor relationships and other personal support services

Transition Plan

The CBC shall

• Coordinate independent living services with transition plan

• If the young adult is a parent, then the transition plan should include parenting skills

• If the young adult has a disability• Make reasonable accommodations• Coordinate with Transition Individual Education

Plan (TIEP)

Transition Plan

If a child is planning to leave care upon reaching age 18, the transition plan must be approved by the court

before the child leaves care

Transition Plan Meeting – GAL Role

Prior to the Meeting

•Coordinate schedules with attendees

•Visit with young adult

•Communicate with parties suggested by the child.

•Review most recent case plan and transitional plan

•Review Individual Education Plan IEP

Transition Plan Meeting – GAL Role

During the Meeting help the young adult lead a discussion to create an achievable plan with action steps addressing:

•Housing•Health Insurance•Education•Workforce Support•Employment Services•Mentoring Relationships/ Healthy Relationships•Personal Support ServicesThe GAL should be available to assist and support the

youth with his/her discussion.

Transition Plan Meeting – GAL Role

During the Meeting (continued)

•Ensure that the child has vital documentation, including driver’s license, state ID, Social Security card, birth certificate, and Medicaid card.

•Ensure that the services identified as needed are initiated within thirty days of the meeting; obtain a court order, if necessary.

Judicial Reviews and Permanency Review

Judicial Review - 17 Year Old

Must be held w/in 90 days of 17th birthday

The Transition Plan will be approved at the final Judicial Review prior to the young adults 18th birthday

Order removing disability of nonage residential leases – (banking, utilities too)

Judicial Review - 17 Year Old

The CBC shall provide the following documents or information – Transition Plan

Judicial Review 18 years and older

Regular Judicial Reviews every six months until the youth's 21st birthday

Can be more often if requested

Department and CBC shall file report to include:

• Young adult’s case plan goals progress

• Independent living plan progress

• Transition plan progress • Modifications as necessary to further

the young adult’s goals

Judicial Review 18 years and older

• Court must make sure appropriate services are being provided

• Court may order additional services

Judicial Review 18 years and older

• Permanency goal for young adult who remains in care: “transition from licensed care to independent living”

• Must be held at least yearly

• Signed consent (or alternatives) for young adult to exit foster care

Permanency Review

During the permanency review, the court shall consult with and ensure the young adult understands:

• Permanency Plan • Case Plan • Individual Education Plan

Permanency Review

Closing the Case

Case will stay open (protective services & court jurisdiction) unless the young adult attends court or the court finds the young adult has:

• Waived their right to attend the hearing (in writing) after being informed of their right to attend;

• Understands all that is available to them before age 21 and has signed a document stating they have been informed; or

• The young adult has voluntarily left the program, has not signed the document, and is unwilling to participate in any further court proceeding.

Old Program v New Program