TRANSITION PLANNING BASICSDevelopment and Oversight of the Plan

Agenda for Presentation• Review federal law requirements

• Identify best practices for IL/transition planning and review

• Highlight areas of key concern and further discussion

Case Plan and Case Review Requirements under Federal Law • Federal law sets minimum standards for:

• What must be in the case plan and the findings made in court• Timing, content, and due process protections for case reviews

• The IL and transition plans are incorporated in the case plan.

• State law, regulation, and court rule often provide more detail and direction.

• Main goal of the case review is to insure case plan is

appropriate and progress is being made to achieve its goals.

Due Process/Youth Engagement Requirements

• The transition plan must be directed by the youth and must be individualized. 42 U.S.C.A. § 675 (5)(H).

• Procedural safeguards must by put in place to insure that the court “consults, in an age-appropriate manner, with the child” at all hearings, including “any hearing regarding the transition of the child from foster care to independent living,” 42 U.S.C. § 675(5).

• Traditional due process principles require that the individual be provided a “meaningful opportunity to be heard” when any important legal interest is at stake.

Federal Guidance Encourages Youth Engagement Federal Program Instructions recommend that:

• The court should play an important role in the

development and review of the transition plan.

• Hearings/case reviews should be held under conditions that support active engagement of the youth in key decisions.

Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008, Program Instructions, ACYF-CB-PI-10-11 (July 9, 2010), p. 7, available at http://www.acf.hhs.gov/sites/default/files/cb/pi1011.pdf

Planning and Review Timing Requirements

• Plans (permanency and IL) must be updated at least every 6 months.

• Plans reviewed in court or by appropriate oversight bodies at least once every 6 months.

• Transition plan must be developed at least 90 days before discharge.• Federal guidance encourages earlier development and notes that

the IL plan should be the basis of the transition plan.

Case Plan Components and Court Findings

• Placement must be:

• the least restrictive,• most family like, • consistent with the youth’s best interests, and • meets the youth’s special needs

42 U.S.C.A. §675 (5)(A).

• There must be an appropriate permanency plan and reasonable efforts must be made to achieve the plan.

45 CFR 1356.21 (b)(2).

Plan Components and Court Findings • Health and well-being must be monitored and reviewed by

court. 42 U.S.C.A. § 675 (1) (C) & § 675 (5)(D).

• Educational stability and assurance of school enrollment must be provided. 42 U.S.C.A. § 675 (1) (G).

Independent Living (IL) Planning and Court Findings • For youth 16 and older,

• The case plan must include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.

• The court must make findings about these services at review

hearings.

42 U.S.C.A. §675(1)(D); 42 U.SC.A. 675§(5)(C)(i).

The Transition Plan Requirement • The plan must be developed during the 90 period prior to

a discharge from care or the ending of Chafee services for a youth age 18 or older.

• It must contain “specific options” or outcomes (an address where the youth will live rather than a referral to a housing program)

• It must be youth-directed and individualized.

Required Transition Plan Components

The specific options in the plan must at least address the following areas:• Housing;• Health insurance; • Health care decision-making and vehicles for ensuring that

decision-making rights are protected/planned for under state law (health care power of attorney, health care proxy, guardianship, etc.);

• Education; • Local opportunities for mentors and continuing support services;

and • Work force supports and employment services

42 U.S.C.A. § 675 (5)(H).

How are states implementing federal planning requirements to insure youth are prepared?• Specifying and expanding required domains

• Creating planning tools and specifying questions to ask that identify strengths and weaknesses to pinpoint needed services for referral or court order.• TN’s Indicators and Missions Chart • NM’s “Transition Plan Meeting and Plan” (“Jane’s Plan)

• Linking plans more closely with good assessments

• Developing questions/colloquys for court • NE

Common Areas and Inquiries of Focus

Housing:

• What is the housing plan post discharge?• How will it be paid for?• Has the youth acquired home management/upkeep skills?• Some states have specified in their law and regulation

that the plan must state exactly where the youth will live and that it should not be a shelter.

Common Areas and Inquiries of Focus

Health • What health insurance will the youth have? • What health needs will the youth have post discharge and

how will they be met? • Has a youth with significant disabilities:

• Applied for SSI?• Been registered or signed up with the appropriate adult health,

behavioral health or developmental disabilities agencies?• Applied for Medicaid waivers if they are eligible?

Common Areas and Inquiries of Focus

Connections in the Community and with Supportive Adults, Including Family• What connections exist with family, including siblings?

• Are services needed to form and support those connections? • Can any of those connections if supported result in housing plans?

• What extracurricular and community activities is the youth participating in?• If none, what has the youth expressed interest in that can be

supported?

• Does the youth have an understanding of public and private community services?

Common Areas and Inquiries of Focus

Vital Documents and Records • Have the following been provided?

• all vital ID documents been provided(state ID/driver’s license, BC, SS Card, immigration docs

• Contact information for family and other important people• Health and education records• Court order documenting time in care (for MA, financial aid, other

scholarship applications)

Common Areas and Inquiries of Focus

Legal Issues • Has the youth been a victim of ID theft and what steps

have been taken to resolve this? • Does a youth with a juvenile record understand any

options for expungement?• Has a youth with immigration issues had them resolved

prior to discharge? • Does a youth who has any outstanding juvenile justice or

criminal justice issues• Have the contact information for his attorney• Understand any outstanding requirements or obligations

Areas Identified by Youth as not Being Adequately Addressed: Social/Emotional Well Being

• How does the youth feel about his/her quality of life and level of happiness?

• Does the youth have any feelings of fear or anxiety about the transition process itself?• Are there specific things that can be done to help address that

fear?

• Does the youth feel s/he has people to go to when he needs to talk or get emotional support outside the counseling context?• Would a referral for BH counseling be helpful?

Successful Planning and Oversight Approaches

• Good check lists and assessments that help focus on areas of need.• NFC Youth Transition to Adulthood Planning Checklist

• Plans that are as concrete as possible and require that the team select measurable goals and clear action steps to achieve them.• Such plans are conducive to tracking outcomes

• Consider short and long forms• Detail is most important when working toward goals• Summary forms are needed to be functional

Successful Planning and Oversight Approaches

• Consider developing forms/tools that facilitate youth engagement and discussion• Youth Developed Discharge Form—Ohio Version

• Created by Youth Fostering Change in Philadelphia• (Relatively) short form that covers keys domains• Prompts documentation of very concrete information, including a back-

up plan for all areas• Provides a section for youth concerns and comments• Can easily be used to:

• Prep for a hearing/review• Provide the youth a document to take into court to aid his/her presentation• Identifies areas where more work must be done to have an adequate plan

Successful Planning and Oversight Approaches

• Within the plan and at the hearing, include inquires to insure youth involvement and direction.• Document in the plan the specific ways the youth was involved in

planning—include examples of successful strategies• Document whether the youth has been asked to identify people

who should be part of the planning the team and whether support has been provided to include these people.

Successful Planning and Oversight Approaches

• Within the plan and at the hearing, cys staff and court professionals should be prepared to approach barriers to progress in a problem solving rather than punitive fashion:

• Identify what is getting in the way of achieving goals and the actions that could remove the barriers.

• Get away from using language like “compliance” and “non-compliance”

• Engage in discussions w/youth about shared expectations and accountability

Quick Look at State Examples• PA Court Rules• NE Regulations • NM Meeting Guide and Plan

Contact Information

Jenny Pokempner

Juvenile Law Center

ww.jlc.org/fosteringconnections

jpokempner@jlc.org

215-625-0551 x 111