ACHIEVING PERMANENCY FOR YOUTH IN FOSTER CARE The

ACHIEVING PERMANENCY FOR YOUTH IN FOSTER CARE The Custody Assistance Option: Presentation to Commission on Youth - May 14, 2012

2 Legal Frame for Custody Assistance is the same as “Subsidized Guardianship” as authorized in the Fostering Connections to Success Act of 2008 and discussed in subsequent federal policy. 2

Legal Frame 3 The Act allows states to claim federal funds to provide assistance for children to leave foster care and live permanently with relatives who become their legal guardians. These children are likely to have remained in foster care until they “aged out” of the system. Specifically, the Act creates a new plan option for states to use federal Title IV-E funds for kinship guardianship assistance payments (GAP) for relatives who take legal guardianship of children in foster care. 3

Legal Frame -Virginia Law 4 Code of Virginia § 63. 2 -900. 1 (2004): Requires the Board (VDSS) to determine whether the child has a relative who is eligible to become a kinship foster parent. The kinship foster parent shall be eligible to receive payment at the full foster care rate for the care of the child. 4

Who is a Relative? 5 In the VA Foster Care Guidance to achieve permanency through the option for Custody Assistance, “Relative” is to defined as _____ “anyone related to the child by blood, marriage, or adoption. ” 5

Custody Assistance Caveats 6 It is NOT a program. It is a funding and service OPTION for a select group of children in foster care. Not every child who is placed or lives with a relative is eligible for custody assistance payments The financial assistance amount cannot be greater than what the eligible child would receive if he remained in foster care. 6

7 Virginia Children Living With Relatives 25, 437 Children Live In Households Headed by Grandparents Neither Parent is Present 7, 043 TANF CHILD-ONLY 281 Children in FC Placed w/Relative 6% of Total FC Pop. 7

8 Custody Assistance Requirements ( The child or youth shall be in foster care as a result of: q Commitment to the LDSS by any court of competent jurisdiction; or � Placement by the LDSS through a noncustodial foster care agreement where legal custody remains with the parents or guardians; or � Entrustment to the LDSS by the birth parents or guardians. 8

Requirements (cont) 9 Regardless of how the child or youth enters foster care, there shall be a judicial determination that continuation in the home from which the child was removed would be contrary to the welfare of the child. 9

Eligibility Highlights The Child… 10 Must be eligible for Title IV-E or CSA Funds for foster care maintenance. Must be in continuous state/local custody at least six (6) months. Child’s custodian must be a relative that meets the definition. Must be with the relative(s) in continuous placement at least six (6) months. Must rule out the child’s permanency goals of Return Home and Adoption. 10

Eligibility Highlights The Relative Caregiver… 11 Must obtain legal custody. Must have had the child in his/her continuous foster care placement at least (6) six months. Must be an approved foster parent. 11

LDSS Responsibility- Overview 12 Ensure all service plan requirements are met. Determine child is eligible. Rule out reunification and adoption. * Assess the appropriateness of the relative caregiver. Assess and negotiate the custody assistance agreement** with the prospective relative custodian. Recommend custody transfer to the Juvenile and Domestic Relations District Court (J & DR). Obtain court order from the J & DR Court. 12

Conclusion 13 The Custody Assistance option has the potential to strengthen families and improve outcomes for foster care youth in the following ways: Decrease the number of children who age out of foster care without connections to a permanent family. Increase the number of children who exit foster care and enter permanent placement arrangements. 13

Conclusion 14 It exemplifies a principle of the VDSS Child Welfare Practice Model that states: “We believe that all children and youth need and deserve a permanent family. Life-long family connections are crucial for children. ” 14

15 VDSS Contact for Further Information Paul Mc. Whinney, Deputy Commissioner. Programs; paul. mcwhinney@dss. virginia. gov; (804) 726 -7590 Jack Ledden, Director-Division of Family Services; jack. ledden@dss. virginia. gov; (804) 726 -7501 Therese Wolf, Manager-Permanency Unit; therese. wolf@dss. virginia. gov; (804) 726 -7522 Lyndell Lewis, Lead Staff-Custody Assistance; lyndell. lewis@dss. virgina. gov; (804) 726 -7531 15