GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL
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GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL Chapter: (13) Independent Living Program Effective Policy July 2021 Transition from Foster Care Date: Title: Policy Previous 13.4 N/A Number: Policy #: CODES/REFERENCES O.C.G.A. § 15-11-201 DFCS Case Plan; Contents O.C.G.A. § 29-4-3 Order of Preference in Selection of Guardians; Written Request Nominating Guardian; Requirements of Writing O.C.G.A. § 29-4-10 Petition for Appointment of Guardian; Requirements for Petition O.C.G.A. § 49-5-8 Powers and Duties of Department O.C.G.A. § 49-5-41 Persons and Agencies Permitted Access to Records Fostering Connections to Success and Increasing Adoptions Act of 2008, P.L. 110-351 John H. Chafee Foster Care Program for Successful Transition to Adulthood (Foster Care Independence Act of 1999) P.L. 106-169 42 U.S.C § 677 Code of Federal Regulations (CFR) §1356 Family First Prevention Services Act of 2018 Title IV-E of the Social Security Act Section 475(1)(D), 475(5)(D), 475(5)(H) and 475(5)(I) REQUIREMENTS The Division of Family and Children Services (DFCS) shall: 1. Ensure the Social Services Case Manager (SSCM), and as appropriate, other representatives of the youth, provide assistance and support to youth in foster care in developing a Transition Plan that is personalized at the direction of the youth that supports the youth in attaining successful adulthood. 2. Utilize the Transition Meeting (TM) to: a. Develop the Transition Plan within 30 calendar days of the youth’s 16th birthday; b. Review the Transition Plan every six months thereafter; c. Finalize the Transition Plan within the 90-day period immediately prior to the youth’s 18th birthday and their eventual exit after age 18 if they participate in extended foster care (EFC); and d. Complete the Scattered Site Placement Readiness Assessment for Participant in Extended Foster Care to determine the prospective youth’s readiness for an Independent Living Placement within 90 days prior to the youth’s 18th birthday. 3. Ensure the Transition Plan includes: a. Housing Options b. Education c. Workforce Supports and Employment Services d. Money Management and Finances e. Credit Report f. Transportation Page 1 of 20 Transition from Foster Care
g. Essential Documents (see Forms and Tools: Foster Care Exit Documents Checklist) h. Health (Physical, Mental, Dental and Sexual Health if appropriate) i. Health Insurance j. Information about the importance of designating another individual to make health care decisions on behalf of the youth, if the youth becomes unable to participate in such decisions and the youth does not have or does not want a relative who would otherwise be authorized under state/tribal law to make such decisions and provides the youth options to execute a health care power of attorney, health care proxy, or the Georgia Advanced Health Care Directive (GADHC); and is as detailed as the youth elects. NOTE: Georgia has opted out of the IV-E kinship guardianship program. k. Permanency and Supportive Relationships l. Personal Growth and Social Development m. Life Skills n. Local Opportunities for Mentors and Continuing Support Services o. Parenting and Family Planning p. Immigration Needs 4. Include the following individuals/entities in the TM based on the youth’s individualized circumstances: a. Youth b. Youth’s family (parents/kin) c. Youth supports (at least two individuals selected by the youth) d. Current placement resource e. Child Placing Agency (CPA)/Child Caring Institution (CCI) staff, if the youth is placed with a CPA/CCI f. Psychiatric Residential Treatment Facility (PRTF) staff, if the youth is in a PRTF g. Regional Independent Living Program Specialist (ILS) h. Education Programming, Assessment and Consultation (EPAC) i. Youth’s School Counselor/Social Worker j. Youth’s Therapist k. Probation Officer (if Applicable) l. Amerigroup Care Coordinator m. Guardian Ad Litem (GAL)/Court Appointed Special Advocate (CASA) n. The following additional individuals/entities for youth that may be unable to make decisions on their own behalf: i. Special Assistant Attorney General (SAAG) ii. Regional Treatment Field Program Specialist (FPS) iii. Care Coordination Team Unit (CCTU) iv. Well-Being Programming Assessment and Consultation (WPAC) v. Division of Aging Services/Adult Protective Services/ (DAS/APS) vi. Department of Behavior Health and Developmental Disabilities (DBHDD) 5. Engage DBHDD prior to the initial and subsequent TM regarding any evaluation and services needed for youth with suspected or diagnosed developmental disabilities to support their transition to adulthood. 6. Engage DAS/APS prior to the initial and subsequent TM if the youth has complex Page 2 of 20 Transition from Foster Care
needs to discuss how they can help in determining future needs of the youth and possible options for services available to adults (see Practice Guidance: Collaboration with Division of Aging Services). 7. For youth that may be unable to make decisions on their own behalf: a. Determine by the youth’s 17th birthday in conjunction with the appropriate transition planning team whether: i. The youth will need ongoing support, the community supports and the least restrictive decision-making alternatives for that could be available to meet the youth’s needs. ii. The youth may qualify under the law for the appointment of a guardian in Probate Court if the least restrictive alternatives are not appropriate to meet the needs of the youth when they turn 18. NOTE: If the youth entered care after age 17, ensure the decision is made as soon as possible after their entry into care. b. Consult with the Special Assistant Attorney General (SAAG) regarding: i. The least restrictive alternatives to meet the youth’s needs. ii. Whether the youth may qualify for adult guardianship through Probate Court; iii. The filing of the petition for adult guardianship with the Probate Court within six months prior to the youth turning age 18 if it is determined adult guardianship is the best option for the youth. 8. Apply for Supplemental Security Income (SSI) for the youth if not already completed to ensure continuity of services into adulthood (see policy 9.3 Eligibility: Applying for Initial Funding). NOTE: The SSI application approval generally takes several months, therefore early planning and action is essential. 9. Monitor youth’s progress on their Transition Plan during monthly purposeful and collateral contacts. 10. Conduct a Foster Care Exit Meeting when youth in foster care turns 18, to: a. Provide them with the required documents outlined in the Foster Care Exit Documents Checklist. b. Obtain their signature on the Voluntary Placement Agreement for Extended Foster Care (VPA-EFC) if the youth has agreed to participate in EFC. The VPA- EFC must be signed by the youth within five business days after their 18th birthday. NOTE: If the youth has been determined to be otherwise unable to make decisions on their own behalf, someone authorized or appointed on their behalf will need to sign the VPA-EFC. c. If they youth is opting out of EFC, obtain the youth’s signature on the Notice to Opt-Out or Terminate Extended Foster Care. 11. Provide the following documents to each youth leaving foster care at 18 years of age or older who has been in foster care for at least six months: a. Official documentation that proves that the youth was previously in foster care; b. Official or certified copy of their United States birth certificate; c. Social security card issued by the Commissioner of the Social Security Administration; Page 3 of 20 Transition from Foster Care
d. Education records; e. Health insurance information; f. A copy of his/her medical records; and g. Driver’s license or state identification card issued in accordance with the requirements of section 202 of the REAL ID Act of 2005 (see policy 13.8 Independent Living Program: Driver Education, Licensure and State Identification). NOTE: Youth shall be provided with their health and education records at no cost at the time they leave foster care (regardless of how long they were in foster care), if they are leaving foster care because of having attained the age of majority under State law. 12. Adhere to confidentiality and the Health Insurance Portability and Accountability Act (HIPAA) during transition planning. This includes the use of a valid Authorization for Release of Information when appropriate (see policies 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) and 2.6 Information Management: Confidentiality/Safeguarding of Information). 13. Document all transition planning activities in Georgia SHINES within 72 hours of occurrence. PROCEDURES Develop the Transition Plan The Social Services Case Manager (SSCM) will: 1. Within 90 days prior to the youth’s 16th birthday, prepare for the initial TM by: a. Initiating a staffing with the Social Services Supervisor (SSS) to plan for the meeting. b. Reviewing the case record to determine: i. The youth’s permanency plan; ii. The results of the youth’s Casey Life Skills Assessment (CLSA) (see policy 13.2 Independent Living Program: Casey Life Skills Assessment); iii. The youth’s Written Transitional Living Plan (WTLP); iv. The youth’s identified supports; v. Any other pertinent information needed to develop the Transition Plan; vi. Whether the following documents for the youth are in the case record: 1. An official or certified copy of their United States birth certificate 2. The social security card 3. Health insurance information 4. A copy of their medical records 5. A copy of their Georgia driver's license or identification card NOTE: If the documents have not been obtained, begin efforts to obtain them. c. Conducting a face-to-face visit with the youth to prepare for the initial TM: i. Explain the transition planning process to the youth; ii. Ask the youth what their individual goals are when they leave foster care; iii. Explore their thoughts regarding their permanency plan; iv. Discuss the benefits and requirements of EFC, as applicable based on Page 4 of 20 Transition from Foster Care
their permanency plan; v. Discuss the plan for the meeting including: 1. The purpose 2. The youth’s role 3. The TM format 4. What to expect at the meeting 5. The expected outcomes 6. Individuals the youth would like to invite as a support 7. Other individuals that will be attending and their role 8. Information and resources included in the Transition Plan d. Initiating staffings, in conjunction with the SSS with applicable state agencies for more in-depth evaluation of possible future services, including but not limited to: i. DAS/APS, for youth with complex needs, for them to consult on what adult services may be available to that youth as they exit foster care. NOTE: DAS/APS may request a detailed social history, medical history and any other documents that would be helpful in evaluating the future needs of the youth prior to the staffing. ii. DBHDD regarding any needed evaluation or services/supports needed for youth with suspected or diagnosed behavioral health, mental health, or developmental disabilities. NOTE: Enlist the assistance of CCTU in engaging DBHDD and providing assistance in assessing the needs of the youth. e. Scheduling the initial TM inviting the appropriate individuals/entities based on the youth’s individual circumstances. 2. Conduct the TM: a. Discuss the purpose of the TM and the role of the participants in the meeting and ongoing transition planning; b. Engage the participants to develop the Transition Plan in partnership with the youth (see Practice Guidance: Transition Plan); c. Identify supportive individuals to help the youth with each item identified in the Transition Plan; d. Develop the Transition Plan during the meeting; e. Provide a copy of the Transition Plan to the youth; f. Document the TM in Georgia SHINES including uploading the Transition Plan to External Documentation within 72 hours of occurrence. 3. Update the WTLP as needed. Review the Transition Plan The SSCM will: 1. Consult with the SSS to discuss and determine progress, adjustments and additional supports that may be needed on the Transition Plan. 2. Prepare the youth prior to each ongoing TM by reviewing the Transition Plan with them to determine progress made and any adjustments needed. 3. Include the attendees identified from the initial TM, and others as needed based Page 5 of 20 Transition from Foster Care
on the youth’s individual circumstances to the ongoing TMs. 4. Conduct the TM every six months following the initial TM. NOTE: The TMs may be conducted in conjunction with the review of the case plan/WTLP, as appropriate. 5. Add or modify the Transition Plan to support the youth in their successful transition to adulthood. 6. Document the TMs in Georgia SHINES including uploading the updated Transition Plan to External Documentation within 72 hours of the TM. Monitor the Transition Plan The SSCM will: 1. Conduct purposeful contacts in accordance with policy 10.18: Foster Care: Purposeful Contacts in Foster Care, in addition: a. Discuss the Transition Plan with the youth: i. The status of each item; ii. Specific services and resources and the effectiveness of those services; iii. The progress made, including celebrating the progress and efforts; iv. Any adjustments or revisions needed. b. Discuss the Transition Plan with the caregiver: i. The status of each item; ii. Specific services and resources and the effectiveness of those services; iii. They support they are providing to the youth to ensure the items on the Transition Plan are being addressed. iv. Any adjustments or revisions needed. 2. Engage collateral contacts in accordance with policy 19.16 Case Management: Collateral Contacts to assess status of the youth’s Transition Plan. 3. Monitor services being provided to address the items on the Transition Plan in accordance with policy 19.17 Case Management: Service Provision. 4. As necessitated by the specific needs of the youth, maintain appropriate contact with DHS/DAS, DHBDD, Amerigroup Care Coordinator, CCTU and WPAC to: a. Initiate and follow up on required applications or assessments for youth with intellectual or developmental disabilities are completed (i.e., Medicaid Waivers, applications, etc.) and that action items from the Transition Plan are being completed. b. Determine service needs and other supports for youth for a successful transition to adulthood. c. Obtain support/guidance on whether youth may need an alternative decision- making support when they turn age 18. d. Determine progress on items in the Transition Plan. Finalize the Transition Plan The SSCM will: 1. Prepare the youth for the TM: a. Staff with the SSS to discuss the youth’s progress with the transition plan and Page 6 of 20 Transition from Foster Care
any adjustments that may need to be discussed in the upcoming meeting. b. Meet with the youth and caregiver to review the Transition Plan to discuss progress and any adjustments needed. c. Engage appropriate entities to obtain information needed to determine the status of the Transition Plan. 2. Include participants to the TM based on the youth’s individual circumstances. 3. Conduct a TM to finalize the Transition Plan for the youth within 90 calendar days prior to the youth’s 18th birthday (and eventual exit if they are participating in EFC): a. Review the final Transition Plan; b. Complete the Scattered Site Placement Readiness Assessment for Participant in Extended Foster Care if the youth is planning to participate in EFC (see Forms and Tools); NOTE: If it is determined that the youth is not ready for an ILP, develop the Scattered Site Placement Readiness Action Plan (see Forms and Tools) to support their future readiness. c. Discuss the youth’s strengths and needs; d. Confirm the commitments of the youth’s supports in the Transition Plan; e. Confirm that the youth understands how to use their support system identified in the Transition Plan; f. Review the option to execute the Georgia Advanced Health Care Directive (GAHCD) to the youth (see policy 13.10 Independent Living Program: Medical Insurance for Youth 18 Years of Age and Older and the Georgia Advance Directive for Health Care); g. Explain the National Youth in Transition Database (NYTD) surveys and complete the NYTD Contact Form (if applicable) (see policy 13.13 Independent Living Program: National Youth in Transition Database); h. Review the eligibility and benefits of EFC; i. Celebrate the completion of the Transition Plan; j. Provide the youth with the final Transition Plan; k. Document the final TM in Georgia SHINES including uploading the final Transition Plan to External Documentation within 72 hours. NOTE: All youth must participate in the TM held within 90 days prior to the youth’s 18th birthday whether they intend to participate in EFC or opt out at age 18. 4. Conduct a Foster Care Exit Meeting when the youth turns 18: a. Verify that the youth has a copy of the final Transition Plan. b. Provide or ensure the youth has the following documents at no cost to the youth (see Forms and Tools: Foster Care Exit Documents Checklist): i. Official documentation stating that the child was previously in foster care (Foster Care Verification Letter) ii. Official or certified copy of their United States birth certificate iii. Social security card iv. Health insurance information (see policy 13.10 Independent Living Program: Medical Insurance for Youth 18 Years of Age and Older and the Georgia Advance Directive for Health Care). v. A copy of their medical records vi. A copy of their educational records Page 7 of 20 Transition from Foster Care
vii. Driver’s license or state identification card viii. The final Transition Plan NOTE: The youth must be provided the required documents when they exit foster care even if they do not attend the Foster Care Exit Meeting. c. Provide the youth with the contact information for their AmeriGroup representative. d. Obtain the youth’s signature on the Foster Care Exit Documents Checklist acknowledging receipt of the documents. e. Obtain contact information for the youth (i.e., address, phone number, email, social media information, and at least one emergency contact information). f. For youth turning 18 years old who have agreed to participate in EFC, discuss and provide the VPA-EFC for the youth to review and sign. Provide a copy to the youth and upload to External Documentation in Georgia SHINES. g. For youth 18 opting out of EFC: i. Explore the reason the youth is choosing to opt out of EFC and encourage them to consider the benefits of continued participation in EFC if they are eligible. ii. Obtain the youth’s signature on the Notice to Opt-Out or Terminate Extended Foster Care form. iii. Document the discussion in Georgia SHINES include uploading a copy of the form to External Documentation with 72 hours. Youth Unable to Make Decisions on their Own Behalf The SSCM will: 1. Explore with the transition planning team what level of decision-making supports the youth will need ongoing: a. Community supports available to meet the youth’s need; and/or alternative decision-making support options, using the least restrictive options to meet the youth’s needs (see Practice Guidance: Decision-Making Support Options). b. Use the Decision-Making Support Needs Informal Assessment in Forms and Tools as a guide. c. Seek guidance from the SAAG, CCTU, WPAC and GARYSE in the determination. 2. Determine by the youth’s 17th birthday whether the youth will need alternative decision-making support as an adult; and if so, the least restrictive decision-making support alternatives to meet the needs of the youth. a. Consult with the SAAG, in conjunction with the SSS when making the determination regarding the least restrictive decision-making support alternatives or whether the youth may qualify under law for a guardian when they turn 18, if the least restrictive options are not appropriate to meet the needs of the youth. If the decision is to seek an adult guardianship in Probate Court: i. Discuss whether there is an adult in the youth’s life that is willing and able to serve as the youth’s guardian when they turn 18, i.e. kin, foster parent, other committed adult(s); and ii. Provide the SAAG with information on the efforts made to explore Page 8 of 20 Transition from Foster Care
and locate individuals to nominate as a guardian for the youth when they turn age 18 (see Practice Guidance: Guardianship for the order of preference in the selection of guardians from Georgia law). NOTE: A guardian does not need to be either a blood relative or fictive kin. b. If a guardian of last resort (public guardianship) will be pursued, inform the DAS/Public Guardianship Office (PGO), of DFCS’ intent to proceed with filing the guardianship petition. 3. In conjunction with the SAAG, ensure the petition for guardianship is ready to be filed in Probate Court within 6 months prior to the youth’s 18th birthday (see Forms and Tools: Checklist to File the Petition for Appointment of an Adult Guardian). The ILS will: 1. Participate in all TM to develop, review and finalize the transition plan. 2. Collaborate with the SSCM to support the youth in addressing the transition planning items needing attention. The SSS will: 1. Conduct a staffing with the SSCM prior to the TM or foster care exit meeting to assist the SSCM in directing, planning and conducting the meetings. 2. During ongoing supervisor staffings, include: a. A review of the youth’s progress with their transition plan; b. Proactive planning with other agencies for youth with complex needs including intellectual or developmental disabilities or who may need decision-making support, to ensure they receive appropriate services; and c. Discussion of adjustments that may be needed in the youth’s transition plan. 3. Provide guidance to the SSCM regarding the level of decision-making supports the youth with need ongoing, including community supports available to meet the youth’s need; and/or alternative decision-making support options, using the least restrictive to meet the youth’s needs. 4. Participate in the consultation with the SAAG regarding the least restrictive options for the youth or the filing a guardianship in Probate Court if it appears the youth will qualify for a guardian when they turn 18. 5. Attend the TM or foster care exit meeting (if possible). 6. Review the documentation from the meeting to ensure the required items were discussed. Review and approve the Transition Plan. 7. Review the case record to ensure required documents are available for issuance to the youth prior to exit from foster care. PRACTICE GUIDANCE Transition Planning The Fostering Connections to Success and Increasing Adoptions Act of 2008 outlines provisions for a transition plan for youth within the 90 days preceding their 18th birthday and eventual exit from foster care. Transition planning should begin on day one of a child’s placement into foster care and occur over the life of the case. Transition plans help youth in foster care make a successful transition to adulthood. Successful transition plans consider the youth’s age, skills and abilities. It should be developed in a manner that Page 9 of 20 Transition from Foster Care
allows the youth to see the value of the plan as they transition out of foster care, and to ensure the youth understands it and will refer to it as a resource. The transition plan is personalized and youth-directed and include services and resources that help ensure youth are prepared to make healthy decisions about their future. Youth, like adults, are more likely to assume ownership of a plan they participated in developing. Therefore, SSCMs should actively engage youth in the development and implementation of their transition plan to ensure its success. The transition plan must be as detailed as the youth chooses. All identified needs must be resolved or near resolution by the 90th day prior to the youth’s exit from foster care. While case planning/permanency planning is DFCS’ ongoing efforts to transition youth out of foster care to a permanent living situation, transition planning is the youth’s plan for after foster care if they have not achieved permanency. It describes where youth will live, how they will support themselves and other immediate daily living goals that must be met, beginning day one of their exit from foster care. Special consideration must be given to undocumented immigrant youth in foster care approaching age 18. In accordance with the Georgia Immigration and Security Act, no state or local government funding is available for undocumented immigrant children once they reach 18 years of age unless/until they obtain a legal immigration status. Therefore, unless the youth has a legal status, they will not be able to participate in EFC. TRANSITION PLAN Item Considerations for the Transition Plan Housing • What does the youth need to achieve their housing goals? • Where does the youth currently live? • Do they plan to move? • Would the current placement still be available once DFCS services end? • Where would they live if their current housing fell through? • Does the youth have a backup housing plan? • How will the youth handle start-up costs for housing if moving? • What about furniture, linens, and other housing essentials? • Does the youth understand leases, rental applications, and the legal rights of landlords and tenants? • For those young adults in college dormitories, where will they live when dorms are closed? Education • Is the youth attending school? If so, high school or college? • What are the youth’s educational goals? • Does the youth receive special education services/have an Individual Education Plan (IEP)? • Is the young adult working toward their GED or interested in pursuing this? • What college/technical program campuses has the youth visited? • What financial aid will they access? • Does the youth have a timeframe to take the SAT or ACT, file the Free Application for Federal Student Aid (FAFSA), and complete college applications? • Is the youth maintaining eligibility for educational services? • How many credits does the youth have toward completing their education? What is the expected graduation date? Page 10 of 20 Transition from Foster Care
• Is the youth on track to complete their program by the expected graduation date? • Does the youth need tutoring or other support services? Workforce Supports and • Does the youth have a job or is he/she taking steps to get a job? Employment Services • What does the youth need to meet their employment goals? • Are any job skills still needed? • What supports does the youth need to maintain their employment? • Does the youth have a resume? • What does the youth want to do for a job? • What kind of career does the youth hope to have? • Have they taken a career/ interest inventory to identify what career they would like to pursue? • If the youth is in school, what type of summer employment does the youth plan to have? • If the youth is unable to work, is DFCS assisting with an SSI application? Money Management and • What does the youth need in order to achieve their financial goals? Finances • Has the youth received assistance in preparing a monthly budget based on their proposed housing plans and other financial responsibilities? • Does the youth know how to access public assistance i.e. food stamps, Temporary Assistance to Needy Families (TANF)? • Does the youth have a checking and/or savings account? • Does the youth know how to open a bank account? • Has the youth saved any money, or does he/she have a savings plan? • Does the youth know how to use a banking institution and understand bank fees? • Will the youth be able to access any trust funds, settlements, or cash benefits (child support, SSI or RSDI)? • Does the youth understand the importance of developing and maintain a sound credit history and credit rating? Credit Report • Does the youth understand what is a credit report? • Does the youth know what the three major credit reporting agencies are and how to access their credit report? • Does the youth understand the purpose of conducting annual credit checks? • Has the youth received training/education in understanding credit reports? • Has the youth received a copy of their credit report from the three major credit reporting agencies annually? • Does the youth understand how to address discrepancies on their credit report? Transportation • What does the youth need in order to achieve their transportation goals? • What are the youth’s goals for accessing reliable transportation? • Will the youth live near public transportation? • Does the youth know how to use public transportation, if available? • Has the youth completed a driver’s education program? • Does the young adult have a driver’s license? If not, what steps are needed for them to obtain a driver’s license? • Does the youth have a vehicle and vehicle insurance? • Does the youth understand the costs of buying, registering, and maintaining a vehicle? Page 11 of 20 Transition from Foster Care
Essential Documents • Does the youth know what essential documents are and purpose of having them? (A list of documents should be provided and discussed with the youth when they are leaving foster care (e.g., birth certificate, social security card, state identification card, etc.) • Does the youth know the importance of proper and secure storage of documents? • Does the youth know where to report/replace document if lost or stolen? Health, Health Insurance • Does the youth understand the importance of maintaining routine health and Health Care Proxy and dental examinations? (includes Sexual Health) • Does the youth know how to make their own healthcare appointments? • Does the youth know their own physical, mental, and dental health needs? • Does the youth know what is required to achieve good physical, mental or dental health? • Does the youth know the date of last health check and dental visit and the next one scheduled? • Does the youth know about their chronic health conditions and what it takes to manage them? • Does the youth know which medications they take, how to take their medication, what the medication is for, understand side effects, etc.? • Does the youth know how to maintain good oral hygiene? • Is the youth in need of behavioral health services? • Is the youth receiving counseling or other behavioral health services? • Are there barriers to the youth receiving behavioral health services? And if so, are the barriers being addressed? • Does the youth have health insurance? If not, what is needed for the youth to receive health insurance? • Has the youth identified a health care proxy and completed the Georgia Advance Directive form? • Has the young adult received education in pregnancy prevention and maintaining good reproductive health? • Does the youth know how to protect themselves from sexually transmitted infections (STI)? Permanency and • What does the youth need in order to achieve their permanency goals? Supportive • Who does the youth consider their family and important adult Relationships connections? • Does the youth have a relationship with their siblings, and if separated, are they visiting regularly? • Has the youth developed positive adult supports beyond the agency? • Are there steps being taken to identify supportive adults? If so, what are the steps? • Where does the youth spend or plan to spend holidays when they leave care? • Who does the youth call when they need help/advice or to share positive experiences? Mentoring and • Does the youth have a mentor? Continuing Support • Are there local mentoring programs that the youth can be referred? Services • Are there adults in the youth’s life that he/she can talk to? • Are there services and supports that the youth can access or continue to use after leaving foster care? Personal Growth and • Does the youth have goals for personal growth (i.e. Empathy, Social Development Confidence, Facing Fear, Active Listening, Getting Along with Others, Improve Body Language, Being Proactive, Stop Procrastinating, Page 12 of 20 Transition from Foster Care
Waking up Early, Master Conflict Resolution, Read More Often, Managing Stress, Better Decision-making, Practicing Self-Care). • What strategies are the youth using to work on personal growth? • Have resources been identified to help the youth with their goal? Parenting and Family • Has the youth received information and resources on family planning? Planning • Does the youth have a child or children living with him/her? • What does the youth need to achieve their parenting goals? • Is the youth exhibiting good parenting skills? • What parenting support does the youth have or need? • Does the youth understand child development? • Is the youth keeping all well-baby checks and other infant/child health appointments? • Does the youth know how to apply for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)? • Does the youth have a plan for caring for their infant/child when the youth is in school or working? Life Skills • What life skills does the youth still need to address as an adult? • Is the youth registered for the Selective Service? • Is the youth registered to vote? • Does the youth understand the process of registering to vote, and keeping their voter registration active? • What essential documents does the youth have (see Essential Documents above? • Are essential documents stored in a safe location? • Which documents are still needed? • Does the youth have skills to handle daily tasks on their own, such as grocery shopping, preparing meals, self-care, paying bills, and transportation? Immigration Status • Does the youth have legal immigration status? What are the barriers to obtaining legal immigration status? • If not, is applying for special immigrant juvenile classification appropriate? And has an application been completed? What is the status? • Does the youth qualify to apply for legal resident status? What is the status of any application? • If the youth will not be able to participate in EFC due to immigration status, what is the plan for the youth? Transition Meeting (TM) The purpose of the TM is to develop the Transition plan for youth to ensure they are prepared and are successful in adulthood. Before each TM, youth should be prepared for the meeting and encouraged to identify significant people in their lives or permanent connections who can participate in the meeting. The location of the TM should be convenient for the youth and their supports. TRANSITION PLANNING TIMELINE Meeting Type Timeframe Related timeframe Initial Transition Meeting Within 30 calendar days of the youth • Begin planning for Initial turning age 16 Transition Plan Meeting 90 calendar days prior to youth turning 16 Page 13 of 20 Transition from Foster Care
Ongoing Transition Meeting Every 6 months after the initial • Determine by age 17 transition planning meeting what supports or services the youth will need on-going and whether guardianship is necessitated as a last resort • File for guardianship within 6 months of the youth turning 18 years old if it is determined they may need a guardian when they turn age 18 Final Transition Meeting Within 90 Days prior to the youth turning age 18 Foster Care Exit Meeting When the youth turns age 18 Scattered Site Placement Readiness Assessment for Participant in Extended Foster Care The purpose of this assessment tool is to determine youth readiness for placement in an Independent Living Scattered Site Placement setting on their 18th birthday. The assessment must be completed by the Independent Living Specialist assigned to the participant’s legal region. This assessment should be completed with the participant, the participant’s case manager, and other members of the participant’s support network. The assessment may take up to 45 minutes to complete. It is recommended that the assessment is completed at the transition planning meeting held within 90 days of a youth turning age 18 if the youth is planning to participate in EFC, to support their transition. Transition Planning for Youth Assessed Unable to Make Decisions on their Own Behalf The CCTU, WPAC, DAS, DBHDD, Amerigroup among other appropriate entities should be engaged to assess whether youth may need decision making support when they become an adult. If so, it is each department’s responsibility to plan, in advance, to ensure that the youth’s identified needs are met without a gap in services when they turn 18 years old. To accomplish this transition, all agencies will need to collaborate to develop the best plan for the youth based on his/her individual needs, beginning as early as possible. As the legal custodian of the youth, DFCS should take the lead and serve as the facilitator for the youth’s transition team. Care Coordination Treatment Unit Provides consultation for youth with high-end mental/behavioral health needs, intellectual/developmental disabilities, and complex medical issues via regionally assigned Therapeutic Support Specialists (TSSs). If a youth is identified as having an intellectual/developmental disability, or medical condition which may impact their decision-making capacity, the TSS should be contacted to attend the initial TM staffing. TSSs offer the ability to support the county by reviewing key documentation/files, Page 14 of 20 Transition from Foster Care
identifying service gaps, providing case consultation, coordination of follow-up meetings as needed, referrals to the appropriate resources, guidance on necessary assessments, and assistance with connections to affiliate agencies. Wellness Programming Assessment and Consultation (WPAC) Participates in the transitional planning for youth by assisting in identifying appropriate assessments that would aid in transition planning, addressing barriers in accessing medical services/coverage, provide guidance in planning youth’s medical transition from pediatric care to adult care providers, and reviewing health information in Georgia SHINES to ensure appropriate documentation. Collaboration with Division of Aging Services APS investigates allegations of reports of abuse, neglect, and exploitation of disabled adults age 18 years or older and elder persons 65 years of age or older who are not residents of a licensed or long-term care facility. Investigations of allegations of abuse or exploitation of persons (any age) residing in facilities are reported to and conducted by the Department of Community Health, Healthcare Facility Regulation Division. APS also evaluates and arrange for services needed to prevent or alleviate further maltreatment (abuse, neglect or exploitation). NOTE: APS can only file for guardianship when there is abuse/neglect or exploitation involved in the case of an adult subject to their authority. In such cases, APS will consult with PGO. APS can assist DFCS on complex cases by participating in case staffings or transition planning meetings and provide information regarding available services and supports. Complex cases include but are not limited to medically fragile youth and youth who cannot self-advocate. It is preferred to engage APS when youth reach 16 years old for future planning purposes. Before the staffing/transition planning meeting, DFCS should provide APS with a detailed social history, medical history, and any other documents to help in determining the future needs of the youth. Georgia DHS Division of Aging Services (APS/PGO) Two Peachtree Street, NW 33rd Floor Atlanta, GA 30303-3142 Phone:1-866-55-AGING (1-866-552-4464) Press Option “3” for APS Georgia’s Department of Behavioral Health & Developmental Disabilities (DBHDD) 2 Peachtree Street, NW 24th Floor Atlanta, GA 30303-3142 Phone: 404-657-2252 (Commissioner’s Office) http://dbhdd.georgia.gov Page 15 of 20 Transition from Foster Care
DECISION MAKING SUPPORT OPTIONS Type Description Supported Decision- Allows individuals with disabilities to make choices about their own lives Making (SDM) with support from a team of people they choose. Individuals with disabilities choose people they know and trust to be part of a support network to help with decision-making. Supported decision-making is an alternative to guardianship. Instead of having a guardian make a decision for the person with the disability, SDM allows the person with the disability to make his or her own decisions. Power of Attorney (POA) A legal document that gives one adult legal authority to act for another adult. The person giving the authority is called the “principal.” The person who is given the authority to make decisions on behalf of the principal is called the “agent.” The agent can give as little or as much power as they want to give to the principal. This means the principal may limit a POA to a very specific transaction or grant full power to someone over all of their affairs. A POA can cover tasks like writing and signing checks to more complex matters likes selling a person’s home or property. With a POA, the principal can choose who they want to act as their agent. Types of POA: 1. General POA: grants agents’ powers that end at the principal’s incapacity. 2. Durable POA: grant agents’ powers that are not terminated by the principal’s incapacity. A POA becomes a Durable Power of Attorney (DPOA) when it states that the agent’s power continues when the principal is unable to communicate his or her wishes. Types of durable POA are: a. Limited Durable POA b. General Durable POA 3. Special or Limited POA (for specific purpose limited) 4. Springing POA (effective upon incapacity) Advance Directives for Authorizes the agent to make health care decisions for the individual, Healthcare consistent with the terms of the document and based on the wishes of the individual. A person can name someone as an agent to make healthcare decisions. It can also include statements of the person’s wishes concerning medical treatment. Representative Payee A representative payee is a person, or an organization appointed as a payee to receive the Social Security or SSI benefits for anyone who can’t manage or direct the management of their benefits. A payee’s main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses. When a report is requested, the payee must provide an accounting of expenses to SSA of how the benefits were used or saved. Fiduciary/Conservator A fiduciary is an agent in whom complete confidence is placed by another in regard to either a particular transaction or all of one's general affairs or business. The relationship is not necessarily formally or legally established as in a declaration of trust but can be one of moral or personal responsibility, due to the superior knowledge and training of the fiduciary as compared to the one whose affairs the fiduciary is handling. Adult Guardianship A legal process where a court decides if a person lacks the capacity to make decisions for themselves and there are no less restrictive alternatives Page 16 of 20 Transition from Foster Care
than guardianship. A guardian is granted custody and control (including decision-making) over the ward by the court. Guardians can be given limited or broad authority over the ward. Guardians are responsible for making sure the ward has adequate medical attention, an acceptable place to live, adequate food, etc. No guardian, including DHS as guardian of last resort, is required to use any of their own funds to acquire or pay for the needs of the ward including housing or medical care; rather the guardian assists the ward in utilizing the ward’s own resources and income to meet their needs to the extent possible. Limits on Guardianship Authority The court may impose limits on the duties of a guardian of the person in its order. The court also may limit the duration of the guardianship. In addition, a guardian of the person must respect the expressed wishes and preferences of the individual to the greatest extent possible. The guardian also must encourage the individual to participate in all decision to the maximum extent of the individual’s abilities in all decisions that affect him or her and must encourage the ward to regain the capacity to handle their own affairs. The guardian cannot restrict with whom the ward communicates or visits and cannot monitor or supervise the personal visitations of the ward. A guardian cannot force a ward to take medication or undergo medical care against the will of the ward. The guardian of the person must submit annual reports to the court concerning the services the individual is receiving, the number and length of times the guardian visited the person during the year, and any major medical or mental health problems the individual experienced during the year. Guardianship - Rights Retained by the Ward The ward retains the right to have a guardian who is qualified to serve as guardian, acts in their best interest, and is reasonably accessible. They also maintain the right to file motions or actions relating to the guardianship, have their property used to provide for their support, care, education, health, and welfare, have the least restrictive form of guardianship, tailored to the person’s functional limitations, personal needs, and preferences; for the guardianship to end or be terminated at the earliest possible time; and to communicate and visit freely and privately with persons other than the guardian (unless a court has issued an order prohibiting or limiting contact). The ward does not lose other rights that are not mentioned in the guardianship law. This includes the right to refuse psychotropic medications, refuse in-patient psychiatric treatment, maintain physical integrity. Generally, the ward can still refuse invasive surgeries, such as amputations, organ removals, etc. The guardian should obtain the permission of the court to override the person’s refusal to undergo procedures this drastic. Guardianship - Rights Removed from the Ward A full guardianship removes from the ward the following rights: • To get married and to get divorced; • To make, modify, or terminate any and all contracts, which includes examples such as hiring or firing professional supports or care, enrolling in college, signing a lease, starting or stopping cell phone, TV, or internet service or adding apps to smart devices, joining a gym, buying an airplane ticket or concert ticket, purchasing Page 17 of 20 Transition from Foster Care
products for home delivery from an online retailer, getting a shopper’s discount/reward card or account for a pharmacy, grocery store, or fast-food restaurant, getting or cancelling a credit card or debit card, adding or dropping insurance for a car • To consent to medical treatment, which includes therapies (occupational, speech, etc.), medications, procedures, and surgeries • To decide where to live • To change legal address/residence • To revoke a revocable trust established by the respondent • To bring or defend any court case, administrative agency decision, or other legal claims, whether in arbitration, mediation, an agency, or in court, except: o In probate court, anything related to the guardianship, o Civil commitment, o Involuntary administration of psychotropic medications, o Some medical procedures, and o Criminal cases. Any limited or full guardianship removes the right of the person to obtain a weapon carry permit. Guardianship Proceeding In a guardianship proceeding, the court must first determine if the individual is in fact in need of a guardian under the law, then who is the appropriate party to be appointed as guardian. The court appoints a guardian to assist in making personal decisions on behalf of the individual deemed to lack capacity (ward). A person will be deemed to lack capacity if their ability to receive and evaluate information effectively and to communicate decisions is so impaired that he or she cannot meet the essential requirements for his or her physical health or safety. The authority of a guardian to make decisions on behalf of an incapacitated person depends in large part on the scope of the court's order. The court can appoint a person to act as a "plenary" guardian of the person or as a "limited" guardian of the person. If the court appoints a "limited" guardian of the person, it must designate the guardian's specific duties, such as general care and maintenance of the individual; deciding where the individual will live; assuring that the individual receives necessary services and health care. A person who is the plenary guardian of the person can make all such decisions on behalf of the individual and many other significant personal decisions. Prior to appointing any guardian, the petitioners must present evidence as to whether alternatives to guardianship have been pursued to ensure the continued protection and preservation of the rights of the person under guardianship. Alternatives to guardianship may include informal or formal support structures that exist without court action or the removal of constitutional rights, i.e. Supported Decision Making, having a financial or healthcare Power of Attorney to assist with specific needs, or having a Representative Payee to handle limited financial needs. The SSCM should make and document efforts to explore the least restrictive alternatives before making the decision to take the matter to court. Page 18 of 20 Transition from Foster Care
The Probate Court determines the guardian pursuant to Georgia law which provides the following order of preference in the selection of guardians: 1. The individual last nominated by the proposed ward; 2. The spouse of the proposed ward or an individual nominated by the proposed ward’s spouse; 3. An adult child of the proposed ward or an individual nominated by an adult child; 4. A parent of the proposed ward or an individual nominated by a parent of the proposed ward; 5. A guardian appointed during the minority of proposed ward; 6. A guardian previously appointed in Georgia or another state, 7. A friend, relative or any other individual; 8. Any other person, including a volunteer to the court, found suitable and appropriate who is willing to accept the appointment; or, 9. The county guardian. The Probate Court Guardianship Process 1. Any interested adult, including the proposed ward, may file a petition for the appointment of a guardian in the Probate Court. The petition shall be: a. Sworn to by two people as petitioners; or NOTE: The SAAG cannot be the petitioner, however, can file the petition on behalf of DFCS. b. Supported by one petitioner and a notarized affidavit of the professional working with the youth (i.e. a psychiatrist, psychologist, licensed clinical social worker). NOTE: Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed ward's health or safety. The affidavit shall state the foreseeable duration of the guardianship and may set forth the affiant's opinion as to any other limitations on the guardianship. 2. Upon the filing of the petition and affidavit, if any, the court will determine if there is probable cause to believe the proposed ward is in need of a guardian. If there is no probable cause, the case is dismissed. 3. If the Probate Court finds probable cause: a. The proposed ward will be personally served with notice informing them: i. A court action has been initiated to have a guardian appointed for them; ii. The Probate Court will conduct an evaluation and the date and time to submit to the court’s evaluation; and iii. Of their right to counsel, which will be appointed by the court within two days of service unless the proposed ward indicates he or she has retained counsel in that timeframe. NOTE: The Probate Court may appoint a GAL for the subject of the petition. 4. The Probate Court will: a. Conduct a hearing. Page 19 of 20 Transition from Foster Care
b. Determines if the petitioners have presented clear and convincing evidence at the hearings that the proposed individual meeting the qualification for needing a legal guardian and appoints a guardian if the court finds the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning their health or safety. c. Determines the fitness of the proposed guardian. (This includes using information from background checks (criminal history, credit check), etc.). d. Ask why other individuals cannot serve as a guardian when an appointment of DHS as guardian of last resort is being sought. 5. The order for guardianship must be obtained before the appointed guardian can take the oath of guardianship. 6. Fees vary depending on the jurisdiction of the Probate Court. Each jurisdiction may have add-on fees based on what is allowable by law. Guardian of Last Resort (Public Guardian) In Georgia, DHS DAS/Public Guardianship Office (PGO) may serve as the guardian of an adult when there is no one qualified, suitable, or available to serve. This is referred to as “guardian of last resort.” The court appoints DHS as an entity. Prior to appointing DHS as guardian, the court must first determine that guardianship is necessary and second, that no other alternate guardians as listed in the priority section are willing or appropriate to serve in that role. Before considering DHS as a guardian the SSCM should make and document efforts to locate an interested and appropriate individual in the youth’s life to serve as a guardian and rule out these options before seeking a last resort guardian. Before filing the petition for a guardian of last resort, the SSCM should inform the DAS/PGO of the intent to file the petition to facilitate a DAS/PGO case manager’s attendance at the hearing. NOTE: The DAS/PGO was created and split from APS. PGO has its own staff, supervisory structure, and training protocols. FORMS AND TOOLS Checklist to File the Petition for Appointment of an Adult Guardian Decision-Making Support Needs Informal Assessment Foster Care Exit Documents Checklist Foster Care Verification Letter ILP Transition Packet Notice to Opt-Out or Terminate Extended Foster Care NYTD Contact Form Scattered Site Placement Readiness Assessment for Participant in Extended Foster Care Scattered Site Placement Readiness Action Plan Voluntary Placement Agreement for Extended Foster Care (VPA-EFC) Page 20 of 20 Transition from Foster Care
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