RD377 - Plan For Implementing Provisions of the Federal Fostering Connections to Success and Increasing Adoptions Act of 2008: Expansion of Foster Care and Adoption Assistance Up to 21 Years of Age


Executive Summary:
*This report was replaced in its entirety by the Department of Social Services on December 16, 2014.

In the 2014 Appropriation Act (Chapter 2 Item 334, Section G.1), the General Assembly directed the Department of Social Services to submit an implementation plan to extend foster care and adoption assistance up to 21 years of age (Appendix A). The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections) allows states to use Title IV-E funding to extend supports and services for youth aging out of foster care and youth adopted after age 16. Previously, federal funding ceased when a youth turned 18. Services will include extending maintenance payments for foster and adopted youth, as well as a program of supports, oversight and opportunities for former foster youth as they transition to adulthood.

The impetus for this change at the federal level was two-fold. First, there has been a shift in the population at large, moving the age of independence in adulthood well beyond age 18. Second, research on outcomes for foster youth (e.g. the "Midwest Evaluation of the Adult Functioning of Former Foster Youth") reveals significant negative patterns in adulthood of unemployment, homelessness, early parenting, dependence on public assistance, lack of secondary and postsecondary education, and involvement in the criminal justice system. In states providing foster care to age 21, there is evidence of positive impacts. Allowing youth to remain in foster care to age 21 is associated with better postsecondary education attainment. Earnings increase incrementally for youth who complete one or more years of college. Illinois found that each year in continued foster care beyond 18 increases the youth's wages by 2.8%, or 8.4% for those who remain to age 21. This leads to reduced dependence on public assistance, higher tax contributions, reduction in homelessness, improved health choices and delayed pregnancies. Youth engaged in postsecondary education or who are earning a living wage are less likely to become involved in the criminal justice system, less likely to become parents prematurely, more likely to have a network of supportive family and peers, and more likely to be engaged in their community.

To be eligible for extended foster care or adoption assistance, the youth must meet one of five conditions:

• completing secondary education or in a GED program;
• enrolled in college or a vocational program;
• attending classes to promote employment or remove barriers to employment;
• working at least 80 hours per month; or
• unable to meet one of those conditions for a documented medical reason.

Youth must voluntarily choose to participate in extended foster care. Adoption assistance can be extended on request of the adoptive parent.

It is expected that the majority of participating youth will be eligible for Title IV-E funding. Currently, funding for youth over 18 is limited to state and local sources with limited exceptions. This increase in IV-E eligible cases will result in greater federal financial participation, decreasing both state and local contributions. Beginning in FY 2016, Virginia will be able to claim $10.1 million in new federal dollars that will cover maintenance and administrative costs of the new program. These federal funds will be matched with $4.6 million in general funds and create a net savings of $3.7 million to local governments.

Program services for extended foster care are intended to provide continuing support to these especially vulnerable youth during the still-formative years between legal independence and functionally independent adulthood, while promoting educational or vocational preparation for employment. Like their age peers in the larger community, they will be able to rely on continued financial, emotional, educational and housing support during these critical years. A caseworker will visit the youth monthly. Every six months a case review will take place, either in court, if the court has chosen to retain oversight, or in an administrative team meeting convened on behalf of the youth. Reviews will be used to mark progress, plan next steps and verify continued eligibility. Extension of adoption assistance does not involve additional services or oversight, and the parent will continue to verify the youth's eligibility through an annual affidavit.

Changes to the Code of Virginia and regulations will be necessary to ensure compliance with federal requirements, maximize anticipated funding efficiencies, and promote successful outcomes for participating youth. A legislative proposal included with this report provides a draft of needed Code changes to Title 63.2, Chapters 9 and 13 addressing program requirements, and Title 16.1 addressing judicial requirements. Amendments to the state's Title IV-E Plan are also outlined.

The implementation plan was developed in cooperation with the Office of Comprehensive Services which shares statutory authority for funding and provision of services under the Comprehensive Services Act (CSA). Use of state CSA funds for maintenance costs will diminish as the shift to federal Title IV-E funding increases, while services costs will continue to be state funded under CSA.

To implement the extension of foster care and adoption assistance, Department of Social Services guidance will be updated to reflect requirements adopted in Code and regulation. Training is being developed for local department of social services and CSA staff which will address both program requirements and strategies for effectively engaging youth, and using the extended services to prepare them for adulthood. Best practice in serving young adults requires developmentally appropriate supports which balance youth-driven decisions and planning with feedback and guidance from mentors and caseworkers. Special efforts will be made to craft youth-oriented information for teens in the age bracket 14-18, as well as those immediately eligible (18-21), to ensure they understand the benefits and responsibilities of extended foster care.

It is anticipated that the first one to three years after implementation will be a time of careful assessment of program operations and outcomes, so that refinements can be proposed as needed in statutes, regulations, policy, guidance and training. Research to inform policy in this arena is rapidly accumulating and will be used for program modifications.