The Strengthening Families Act Family First Prevention Services

The Strengthening Families Act & Family First Prevention Services Act Explained Court Improvement Project Lecture Series Summer 2018 Grand Island, Fremont, Omaha Sarah Helvey, J. D. , M. S. Child Welfare Program Director Nebraska Appleseed

About Nebraska Appleseed • Nebraska Appleseed is a non-profit organization that fights for justice and opportunity for all Nebraskans. • We take a complex approach to systemic issues: • • Child welfare Health care access Immigration policy Poverty • We take our work wherever it does the most good – at the courthouse, at the statehouse, or in our community.

Roadmap • Background and Overview of the Federal and Nebraska Preventing Sex Trafficking and Strengthening Families Act (SFA) • Policy and Practice Considerations • Background and Overview of the Family First Prevention Services Act (FFPSA) • Implementation Status and Issues • Discussion and Questions • Resources

Preventing Sex Trafficking and Strengthening Families Act P. L. 113 -183

SFA Overview • Passed unanimously by Congress and signed by President Obama in September 2014 • Most provisions were effective upon enactment, but a few others are phased in up to 7 years after enactment (2021)

Nebraska Implementation • Trafficking Task Force and Attorney General’s plan • Normalcy Stakeholder group Focus groups and surveys with over 200 youth and other stakeholders “Letting Kids Be Kids” report and recommendations LR 248 (Sen. Campbell) – interim study to examine the federal Preventing Sex Trafficking and Strengthening Families Act and its implementation in Nebraska • In Nov. 2015, the Nebraska Children’s Commission created the Normalcy Taskforce (now SFA Committee) • LB 746 (Sen. Campbell, 2016) – adopt the Nebraska Strengthening Families Act • LB 225 (Sen. Crawford, 2017) – change provisions of the Child Protection and Family Safety Act, the Nebraska Juvenile Code, the Foster Care Review Act, and the Nebraska Strengthening Families Act as prescribed • •

Structure of the Federal Act • Title I – Protecting Children and Youth at Risk of Sex Trafficking • Subtitle A – Identifying and Protecting Children at Risk of Sex Trafficking • Subtitle B – Improving Opportunities for Children in Foster Care and Supporting Permanency • Subtitle C – National Advisory Committee (on sex trafficking of children and youth in the U. S. ) • Title II – Improving Adoption Incentives and Extending Family Connection Grants • Subtitle A – Improving Adoption Incentive Payments • Subtitle B – Extending the Family Connection Grant Program • Title III – Improving International Child Support Recovery

What is Normalcy? ² “To be normal is to be a typical youth. To be normal is to have limited barriers like the non-foster care youth you sit next to in class. The ones who only have to go through one set of parents and not everything in their lives are analyzed. Being normal is to have privacy, love and safety provided in the most natural way possible. ” – Ashley (p. 4) ² “My whole life, I just wanted to be normal. Personally, I’ve never been to a homecoming dance or a prom dance. ” – Brianna (p. 4) ² “Normalcy means not being singled out and labeled as a ‘foster youth’ or having the label of ‘troubled teen’ attached to you. ” – Crystal (p. 5) ² “Normal to me is feeling like a part of my new family. ” – Sam (p. 4) Source: Jim Casey Youth Opportunities Initiative. (2015). What young people need to thrive: Leveraging the Strengthening Families Act to promote normalcy.

Federal: Reasonable and Prudent Parent Standard • States must implement the reasonable and prudent parent standard for caregivers of children in out of home care. • The term ‘reasonable and prudent parent standard’ means “the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. ” • The term ‘age or developmentally-appropriate’ means “activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group…” SFA § 111(a)(1)-(2)

RPPS applicability and training requirement • This standard applies to “foster family homes” and “child care institutions” • Contracts with child care institutions must contain the requirement that each facility always has on-site an individual who can act as a “reasonable and prudent parent” to make decisions. • States must certify that caregivers have the skills and knowledge to use the standard. • Under LB 746, the department is required to adopt and promulgate regulations regarding training for foster parents SFA §§ 111(b), 111(a)(2)(C) Neb. Rev. Stat. §§ 43 -4703, 43 -4707

Liability Protections for Caregivers • States must implement policies to provide caregivers appropriate liability protection when exercising the reasonable and prudent parent standard. SFA § 111(b) • “A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver or by a child who participates in an activity approved by a caregiver if the caregiver has acted in accordance with the reasonable and prudent parent standard. This section may not be interpreted as removing or limiting any existing liability protection afforded by law. ” Neb. Rev. Stat. § 43 -4708

Nebraska: RPPS considerations When using the RPPS, the caregiver shall consider: • The child’s goals and input; • To the extent possible, the input of the parent of the child; • The child’s age, maturity, and developmental level to maintain the overall health and safety of the child; • The potential risk factors and the appropriateness of the extracurricular, enrichment, cultural, or social activity; • The best interests of the child, based on information known by the caregiver; • The importance of encouraging the child’s emotional and developmental growth; • The importance of providing the child with the most family-like living experience possible; • The behavioral history of the child and the child’s ability to safely participate in the proposed activity; • The child’s personal and cultural identity; and • The individualized needs of the child. Neb. Rev. Stat. § 43 -4703

Nebraska: Rights of parents • “Nothing in the NSFA or the application of the RPPS shall affect the parental rights of a parent whose parental rights have not been terminated …” • “To the extent possible, a parent shall be consulted about his or her views on the child’s participation in age or developmentally appropriate activities in the planning process. The department shall document such consultation in [court report]. ” • “The child’s participation in extracurricular, enrichment, cultural, and social activities shall be considered at any family team meeting. ” Neb. Rev. Stat. § 43 -4709

HHS documentation of RPPS HHS is required to document in their report the steps the department is taking to ensure that: • The child’s caregiver is following the reasonable and prudent parent standard; • The child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; • The department has consulted with the child in an age or developmentally appropriate manner about the opportunities of the child to participate in age or developmentally appropriate activities; and • Any barriers to participation in age or developmentally appropriate activities are identified and addressed. Neb. Rev. Stat. § 43 -4710

RPPS court findings The court must make a determination regarding: • The steps the department is taking to ensure the child’s foster family home or child-care institution is following the RPPS; • Whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; and • Whether the department has consulted with the child in an age or developmentally appropriate manner about the opportunities of the child to participate in such activities. • In making this determination, the juvenile court shall ask the child, in an age or developmentally appropriate manner, about his or her access to regular and ongoing opportunities to engage in age or developmentally appropriate activities. Neb. Rev. Stat. § 43 -4711

Considerations: RPPS Policy Considerations Practice Questions • How are payment handled for costs associated with normalcy activities, such as extracurricular activities, sports, etc. ? • What is the balance of rights and authority between foster parents, biological parents, DHHS, the court and the child/youth? How can Nebraska law and policy best balance and respect these rights? • What extracurricular activities is the youth involved in? • What opportunities has the youth had to socialize with his or her peers? • Has the child traveled at all? • Does the young person have a job? • What activities does the child wish to participate in? • What barriers has the caregiver experienced in connecting the youth to extracurricular and social activities? • Is the youth participating in all of the activities he/she would like to participate in? If not, why not?

Federal: APPLA • States must eliminate the use of APPLA for youth under age 16. • At each permanency review, for youth 16+ w/ a plan of APPLA: • The state agency must: • Document the intensive and ongoing efforts to find a family placement • The court must: • Ask the child about their desired permanency plan • Make a finding explaining why, as of the date of the hearing, APPLA is the best permanency plan for the child and provide compelling reasons why it is not in the child’s best interest to be placed with a parent, relative, or in a guardianship or adoption. SFA §§ 112(a)(1), 112(b)(1)

Nebraska: APPLA • We refer to APPLA as independent living in Nebraska • For youth 16+ w/APPLA, their permanency plan must identify supportive adults willing to be involved in their life as they transition to adulthood Neb. Rev. Stat. § 43 -1312(4)(a)

Considerations: APPLA Policy Considerations Practice Questions • The court is required to ask the child about their desired permanency plan. How can we strengthen efforts to have children attend court and encourage their participation? • How can the required consultation with the child about opportunities to engage in age appropriate activities be done in a youth-friendly and meaningful way? • What is the youth’s desired permanency outcome? • What efforts has the child welfare agency made for family placement? Has the caseworker contacted family members? Which ones? • [If APPLA is listed as the permanency goal]: Is the permanency goal of APPLA in the best interest of the child? If so, why? Why is it not in the child’s best interest to be returned home, adopted, placed with a legal guardian or with a fit and willing relative?

Federal: Youth Participation in Case Planning • For youth ages 14+: • The case plan shall be developed: • In consultation with the child, and • At the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or a caseworker for, the child. • One of these individuals may be designated as the child’s advisor and, as necessary, advocate, with respect to the application of the RPPS and for the child on normalcy activities. • The state may reject an individual selected by the child to be a member of the team if the state has good cause to believe the individual would not act in the best interests of the child. • The case plan must describe the services needed for the youth to transition to “a successful adulthood” (previously “independent living”). SFA § 113(a)-(c)

Nebraska: Youth Participation in Case Planning • DHHS must offer opportunities for youth of ALL ages to be consulted in the development of their case plan • The juvenile court must ask the youth (14+) if they participated and make findings about whether they were involved Neb. Rev. Stat. § 43 -285(2)

Considerations: Youth Participation in Case Planning Policy Considerations Practice Questions • What are best practices for authentically engaging young people in case planning? How can case planning in Nebraska be more youth-led? • How can we support young people in identifying supportive individuals on their team? • How can we incorporate the option to have a “child’s advisor” on normalcy? Who might play this role and how can it be helpful to young people? How does this advisor interact with other individuals and professionals in the case? • What does it mean that the goal was to help youth transition to “independent living” and it is now to “a successful adulthood”? • Is the youth involved in the development of his/her case plan? • Has the youth been offered the opportunity to identify supportive individuals to be part of his/her case planning team?

Federal: Rights Notification • Beginning at age 14, the state must document in the case plan, along with the youth’s signature, that they have been provided a copy of their rights and explained them in an age -appropriate way. • The list of rights must at least include the rights of the child with respect to: Education Health Visitation Court participation The right to be provided with their credit report and assistance in repairing any problems, and to be provided with a copy of their birth certificate, social security card, health insurance information, medical records and State ID or driver’s license. • The right to stay safe and avoid exploitation • • • SFA § 113(d)

Nebraska: Rights Notification The document shall also describe additional rights of the child, including, but not limited to, the right to: • Understand the system or systems in which the child is involved; • Have his or her voice heard in his or her case; • Maintain family connections; • Access personal information; • Honest and clear communication; • Have his or her basic needs met; • Learn life skills needed to successfully transition to adulthood; and • Live in the most family-like setting that is safe, healthy, and comfortable and meets the child’s needs Neb. Rev. Stat. § 43 -4704

Nebraska: Rights Notification • The document shall be provided to the child in a hard copy and offered to the child within 72 hours of being placed … and at every dispositional, review, and permanency planning hearing. • The department shall require, as a condition of each contract entered … that the child-care institution publicly post the document … in an accessible location. Neb. Rev. Stat. § 43 -4704

Considerations: Rights Notification Policy Considerations • What rights exist? • What enforcement mechanisms or grievance procedures exist or should be put into place? • What is the role of the GAL and other court stakeholders? Practice Questions • Has the youth received a copy of his/her rights? Does the youth have any questions about these rights? • Has the agency conducted a credit report for the youth? Were there any inaccuracies in the report? If so, were they resolved? How?

Federal: Pre-Discharge Documents • As part of the case review system, agencies must provide youth leaving care at age 18 or older (who have been in FC for at least 6 months) the following (if eligible to receive such document): • • • Birth certificate Social security card Health insurance information Medical records State ID or driver’s license SFA § 114(a)(2)

Nebraska: Pre-Discharge Documents Neb. Rev. Stat. § 43 -1311. 03(9) requires DHHS to provide youth age 18, 19 or 21 if they are leaving foster care: • The child’s birth certificate and facilitate securing a federal social security card when the child is eligible • Health insurance info and all documents required for enrollment in M 26 • A copy of the child’s educational records • A credit report check • Contact info, with permission for family members, including siblings, with whom the child can maintain a safe and appropriate relationship, and other supportive adults • A list of community resources • Written info about disability resources and benefits • An application for public assistance and info on how to access the system to determine public assistance eligibility • A letter from DHHS verifying the child’s name, DOB, dates in foster care and Medicaid while in care • Written info about the child’s Indian heritage or tribal connection if any, and • Written into on how to access personal documents in the future

Considerations: Pre-Discharge Documents Policy Considerations Practice Questions • What additional help is needed to assist undocumented youth who are aging out of care? • Has the youth been provided with the required documents? • What barriers need to be addressed for youth to obtain a driver’s license? • If the youth has not been provided with one or more of the required documents, what steps is the agency taking to secure the documents and provide them to the youth?

Role of GAL “The guardian ad litem…[s]hall be responsible for making written reports and recommendations to the court at every dispositional, review, or permanency planning hearing regarding … (iv) compliance with the Nebraska Strengthening Families Act …” Neb. Rev. Stat. § 43 -272. 01(2)(f)

Discussion • How is this working in practice? • What issues have come up in court? • What challenges and opportunities have you seen with this law? • What is needed to improve practice and more fully embed these requirements into the court process?

Family First Prevention Services Act P. L. 115 -123

Roadmap • Overview of the Family First Prevention Services Act (FFPSA) • • • Prevention and Family Services Residential Family-Based Substance Abuse Treatment Family Reunification Services QRTPs/Limitations on Placements that are not a FFH Chafee Reforms Other key provisions • Discussion and Questions

FFPSA Overview • Enacted into law on February 9, 2018, as Division E , Title VII of Public Law 115 -123 -The Bipartisan Budget Act of 2018 • Congressional sponsors: • Senators Orrin Hatch (R-UT) and Ron Wyden (D-OR) • Representatives Kevin Brady (R-TX), Adrian Smith (R-NE), Rep. Danny Davis (D-IL), Rep. Sander Levin (D-MI), Rep. Buchanan (R-FL) • ACF Informational Memorandum (IM) issued April 12, 2018 • ACF Program Instruction (PI) issued July 9, 2018 • L. R. 430 (Sen. Bolz/Appropriations): Interim study to examine the federal Family First Prevention Services Act of 2017 and its implementation in Nebraska

The FFPSA is a significant victory for children and families • Invests in prevention for children at risk of foster care • Focuses on ensuring children in foster care placed in the least restrictive, most family-like setting • Supports kinship caregivers and provides other targeted investments to keep children safe with families • Supports youth transitioning from foster care • Funds evidence-based services and substance use treatment • Promotes permanency for children

2 Major Parts: • Family preservation services funding under Title IV -E at the state’s option • Mandatory restrictions on Title IV-E funding for group care • Both start on October 1, 2019 but states have the option to delay the group care restrictions for up to 2 years while forfeiting IV-E funding for preventive services.

Part I – Investing in Prevention and Family Services • State option to use Title IV-E funds for trauma-informed, evidencebased prevention services for eligible children. • Who is eligible: children who are “candidates” for foster care (and their parents and kin caregivers) and pregnant or parenting youth in foster care • Children and parents are eligible without regard to their income. • Funding available for a maximum of 12 months (from the date the child is identified in a prevention plan as a candidate for foster care or a parenting foster youth in need of services or programs) • Provides federal funds for: • • (1) mental health and substance use prevention and treatment services (provided by a qualified clinician), and (2) in-home parent skill-based services (i. e. parenting skills training/education, individual and family counseling)

Investing in Prevention and Family Services “The term ‘child who is a candidate for foster care’ means: • a child who is identified in a prevention plan…as being at imminent risk of entering foster care [without regard to whether the child would be eligible for foster care maintenance payments, adoption assistance, or guardianship assistance payments] but who can remain safely in the child’s home or in a kinship placement as long as services or programs…that are necessary to prevent the entry of the child into foster care provided. • The term includes a child whose adoption or guardianship arrangement is at risk of a disruption or dissolution that would result in foster care placement”

Investing in Prevention and Family Services • The state must maintain a written prevention (case) plan that: • For children who are candidates for foster care (pregnant or parenting youth, included in the youth’s case plan): • Identifies the foster care prevention strategy so the child may remain safely at home, live temporarily with a kin caregiver until reunification can be safely achieved, or live permanently with a kin caregiver (describe the foster care prevention strategy for any child born to the youth); • Lists the services or programs to be provided to or on behalf of the child to ensure the success of that prevention strategy (the youth to ensure that the youth is prepared or able to be a parent); and • Comply with other such requirements as the Secretary shall establish

Investing in Prevention and Family Services • The Act specifies evidence-based requirements that entail meeting “promising, ” “supported, ” or “well-supported” criteria similar to that used by the California Evidence-Based Clearinghouse for Child Welfare • The HHS Secretary must release guidance by October 1, 2018 on the practice criteria required for these services & programs AND a “pre-approved” list of services and programs that meet these requirements. This guidance will be updated as often as necessary.

Investing in Prevention and Family Services • States taking this option are required to collect and report to Federal HHS certain information on every child who receives these IV-E services: • Specific prevention services provided during the 12 -month period • Total cost of each of the services or programs • Length of time the programs or services were provided • Information on where the child lived at the beginning and end of 12 -month period for children at imminent risk

Investing in Prevention and Family Services • States taking this option must also submit a prevention component to their Title IV-E plan (and resubmit every 5 years) to include: • Details on the services • Expected outcomes • How children and families are assessed • How services are monitored and evaluated • Type of program implementation • Consultation and coordination with other agencies • Details on workforce training and management of caseloads • Assurances of state’s compliance with MOE provision

Part I - Support for Residential Family-based Substance Use Treatment • Beginning October 1, 2018: states are allowed to receive federal reimbursement, for up to 12 months, for a child in foster care who is placed with a parent in a licensed residential family-based facility for substance use treatment. • There is no income eligibility test • The child’s case plan has to recommend this placement (before the placement is made) • Treatment must be trauma-informed • Treatment facility must provide parenting skills training, parent education, and individual and family counseling

Part II – Family Reunification Services under Title IV-B • Eliminates 15 -month time limit on Title IV-B family reunification services (Oct. 1, 2018) • Clarifies that a child returning home will also now have 15 months of family reunification services beginning on the day they return home (Oct. 1, 2018)

Part IV - Limitations on IV-E Funding for Group Homes • The goal of the legislation is to keep children safely at home, and once in foster care, to place them in the least restrictive and most family-like settings • Beginning October 1, 2019, states face significant restrictions on Title IV-E funding for congregate/group care for children • States have the option delay the effective date for up to two years; however, if states delay the effective date, they cannot receive Title IV-E prevention funding for the same period of time

What Foster Care Placements are Eligible for IV-E Funding? Beginning with the 3 rd week of a child entering foster care, states will only be eligible for Title IV-E foster care payments on behalf of a child in the following settings: 1. A foster family home (FFH) of an individual or family that is licensed or approved by the state, provided it: • adheres to the reasonable and prudent parent standard, • provides 24 -hour care for children placed away from their family, and • provides care to 6 or fewer children in foster care (exceptions can be made to accommodate parenting youth in foster care to remain with their child, keep siblings together, keep children with meaningful relationships with the family, and care for children with severe disabilities).

What Foster Care Placements are Eligible for IV-E Funding? 2. Children who are placed with a parent in a licensed residential family-based substance abuse treatment facility for up-to 12 months, regardless of whether the child meets the AFDC income requirement for IV -E • States receive reimbursement for up to 12 months • The child’s case plan must recommend this placement • Facility must provide parenting skills training, parent education and family counseling • Treatment must be trauma-informed

What Foster Care Placements are Eligible for IV-E Funding? 3. A child-care institution (defined as a licensed private or public child-care institution with no more than 25 children) that is one of the following settings: • A Qualified Residential Treatment Program (QRTP) • A setting specializing in providing prenatal, postpartum, or parenting supports for youth • A supervised setting for youth ages 18 and older who are living independently (SILS) • A setting providing high-quality residential care and supportive services to children and youth who have been found to be, or are at risk of becoming, sex trafficking victims

Components of a Qualified Residential Treatment Program (QRTP): • Includes trauma-informed treatment model designed to address the needs of children with emotional or behavioral disorders • Ability to implement the treatment identified by the assessment • Has registered/licensed nursing and clinical staff onsite if required by program treatment model • Facilitates outreach to family members of the child • Documents how family members are integrated into the treatment process for the child • Provides discharge planning and family-based care support for 6 months after discharge • Program must be licensed and nationally accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), the Council on Accreditation (COA), or others approved by the Secretary of HHS

Required Assessment for QRTPs • Within 30 days of a child being placed in a QRTP, a qualified individual must assess the child’s strengths and needs using an age-appropriate, evidence-based assessment tool to determine if the child’s needs can be met by a family member, in a foster family home, or one of the other approved settings • HHS will release guidance relating to the assessment tools • Assessments: must be done by qualified individual (a trained professional or licensed clinician) who is not a state employee and not affiliated with any placement setting in which children are placed by the state • This can be waived if the state certifies the qualified individual shall maintain objectivity • Must be done in conjunction with the child’s family and permanency team • If youth is 14 years old or older, the permanency planning team shall include members selected by the youth

Required Assessment for QRTPs (cont’d) • In the child’s case plan, the state must document: • efforts to identify and include family members and members of the permanency team, • evidence that meeting was held at a convenient time, • evidence that the child’s parent provided input if reunification is the permanency goal, and • if the team’s placement preference is different than that of the qualified individual • A state that fails to perform the assessment within 30 days cannot receive IV-E reimbursement while the child is in that placement

Determinations Related to QRTPs • If it is determined by an assessment or court order that a QRTP placement is not appropriate, the state has an additional 30 days from the time of the determination to transition the child to another placement. During the additional 30 days, states are eligible for Title IV-E reimbursement • If it is determined that a QRTP is appropriate, the qualified individual must document why the child’s needs cannot be met by his/her family or a foster family home • Within 60 days of placement in a QRTP, a court must review and approve or disapprove of the placement

Determinations Related to QRTPs (cont’d) For children appropriately placed in a QRTP, the state must: • At every status review/permanency hearing, demonstrate the ongoing assessment that the child’s needs continue to be met in a QRTP • Document the needs that will be met by the QRTP and length of time the child is expected to need the services and treatment • Document efforts made to prepare the child to exit care or be placed with a relative, guardian, adoptive parent, or in a FFH • For children placed in QRTP for 12 consecutive or 18 nonconsecutive months (or for more than 6 consecutive months for children under age 13), the state must submit to HHS the most recent documentation supporting the placement with signed approval from the head of the state

Additional State Requirements • Effective Jan. 2018, states are required to establish as part of their health care services oversight procedures to ensure children in foster care not being inappropriately diagnosed with mental illness, disorders and disabilities that result in their not being placed in family foster homes • Effective October 1, 2019, states must certify in their state plans that they will not advance policies that will result in a significant increase in the number of youth in juvenile justice system as a result of restrictions

Chafee Reforms • Extends eligibility for ETV to age 26 (beyond the current age limit of 23) • Clarifies that higher education vouchers are also available to youth who experience foster care at age 14 years or older • In states that have extended Title IV-E beyond to age 21, extends eligibility to age 23 for Chafee services: financial, housing, counseling, employment, education and other services. (Under previous law, these services were for youth ages 18 -21)

Chafee Reforms (cont’d) Other programmatic changes • Chafee program is renamed to: “John Chafee Foster Care Program for Successful Transition to Adulthood” • Specifies that youth who age out of foster care provided documentation that proves they were previously in foster care (this aims to help with application for Medicaid through ACA for youth to age 26) • The unspent Chafee funds in states that don’t spend their full allocation in a 2 -year period will be re-distributed by HHS to other states that apply for them. • Retools caregiver training by shifting focus on training tied to independent living to training specifically on youth development.

Additional provisions of note • States can receive IV-E reimbursement for 50% of the state’s expenditures on kinship navigator programs that meet evidence-based requirements of promising, supported, or well-supported practices, without regard to whether children are income-eligible for IV-E (Oct. 1, 2018) • Requires Federal HHS to adopt model licensing standards for FFHs (Oct. 1, 2018) and adds SPA requirement that state agency provide info about whether they meet the model standards, waivers of non-safety standards for relatives, and worker training (April 1, 2019) • Requires states to describe in their state plan steps to track and compile complete info on child maltreatment deaths and to develop and implement a plan to prevent fatalities (Oct. 1, 2018) • Delays full implementation of IV-E adoption assistance de-link until 2024 (Jan. 1, 2018) • Requires CIP to train legal professionals on IV-E payment limitations for children in non-FFHs (Jan. 1, 2018)

Application to States with Waivers • For states that have in effect an approved IV-E waiver on the date of enactment of the FFPSA, the FFPSA shall not apply before the expiration of the waiver to the extent the FFPSA is inconsistent with the terms of the waiver.

Discussion • What challenges and opportunities do you see with this law? • What is needed locally to maximize the opportunities and address the challenges?

Questions?

Resources NSFA Resources • Normalcy Guide for Court Stakeholders • NSFA Court Stakeholders One-Pager • NSFA FAQ • Driver’s licenses FAQ Children’s Defense Fund FFPSA short summary Foster Care Reform Legal Resource Center

Bridge to Independence • Reminder: B 2 I court orders must include reasonable efforts findings in order for the state to receive federal Title IV-E reimbursement

Sarah Helvey, J. D. , M. S. Child Welfare Program Director Nebraska Appleseed 941 “O” Street, Ste. 920 Lincoln, NE 68508 (402) 438 -8853, ext. 106 shelvey@neappleseed. org