+ Model Family Foster Home Licensing Standards Jaia Peterson Lent, Generations United + 2 TODAY’S AGENDA Licensing standards n Background n Research n Overview of Licensing Standards Update on Family First Prevention Services Act + 3 Generations United (GU) National Center on Grandfamilies n Generations United is a national membership organization focused solely on improving the lives of children, youth, and older people through intergenerational collaboration, public policies, and programs for the enduring benefit of all. n For almost twenty years, Generations United's National Center on Grandfamilies has been at the forefront of national efforts to support grandfamilies through federal and state legislative testimony and briefings, publications, training, and technical assistance. n For more information, visit www.gu.org + Background 4 + 5 Origins of Project Project started in 2011with the Annie E. Casey Foundation bringing together nonprofits, universities and others to look at family foster home licensing. n We began knowing that many children in foster care are in the unlicensed care of their relatives. These children and their relative caregivers are part of the child welfare system and, as such, are subject to rules and restrictions, but they have limited or no support. n With a license (“approval” or “certification” in some states): n monthly financial assistance n support services n access to the federal Guardianship Assistance Program (GAP) in 31 states, DC and 5 tribes n court and caseworker oversight n + 6 State Licensing Standards n Anecdotally, we collectively knew that one of the biggest barriers to not being licensed was due to state licensing standards. n Also knew these standards didn’t always lead to safe and appropriate placements in the best interests of the children. + 7 Federal Licensing Requirements Federal law says little about the actual licensing of foster homes: n States must designate a state authority responsible for standards. n States have broad flexibility so long as those standards “are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights…” n “a waiver of any such standard may be made only on a case-bycase basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care.” 42 U.S.C. § 671(a)(10). States must periodically review their licensing standards. 42 U.S.C. § 671 (a)(11). n + 8 Federal Licensing Requirements cont’d n The federal Adam Walsh Act also requires states to conduct criminal background and child abuse registry checks. 42 U.S.C. § 671(a)(20)(A). n Finally, Federal law prohibits a two-tiered system of licensing, one for relatives and another for non-relatives. Final rule to the Adoption and Safe Families Act (ASFA). + Research 9 + 10 Research n Generations United and the ABA Center on Children and the Law conducted 50 state and DC survey of family foster home licensing standards n Purpose: identify trends, problematic standards, and barriers specific to relatives n Paper summarizing findings: Improving Foster Care Licensing Standards around the United States: Using Research Findings to Effect Change n Paper and research available at www.grandfamilies.org + 11 Research Findings n Problematic standards like requiring that applicants be no older than 65. n Varying standards among the states for the same type of requirements that should not vary significantly from jurisdiction to jurisdiction. n Model language that was used to develop our model standards. + 12 Problematic Standards n Upper age limits n Requirements to have high school diplomas and/or speak English n Requirements vehicle to own a n Income requirements with limitations on home businesses n Potential discrimination on the basis of disability n Bias against rural families + 13 Varying Standards Standards concerning requirements that should not vary from jurisdiction to jurisdiction like capacity, child abuse and neglect, and criminal background checks and raise questions: n how are standards determined? n what are the best standards? + Model Family Foster Home Licensing Standards 14 + 15 Model Standards n Uses model language from states n Includes language from accreditation agencies like Child Welfare League of America and the Council on Accreditation n Covers n Does family foster home licensing not cover: n licensing processes or procedures n care of children after placement in a licensed home n other post-licensing requirements like foster parent recordkeeping and reporting + 16 Package of Materials The package of materials, available free of charge at www.grandfamilies.org and www.naralicensing.org includes: n a purpose statement n ten guiding principles n the model standards n an interpretive guide that summarizes the purpose of each standard and provides instructions for compliance determinations n a crosswalk tool designed to assist states and counties in comparing and aligning their current standards with the Model + 17 Purpose Statement - Summary n To fulfill the public policy intent behind licensing standards, which is to ensure that children in foster care have safe and appropriate placements. n To fill the previous void in “national standards” by creating clear, practical, common standards that work to ensure that children, regardless of the state in which they live, will be placed in homes that have met the same safety standards. n To facilitate the licensing of additional relative and non-relative homes by recognizing and respecting related and non-related foster parents as caregivers who are performing an invaluable service. n To reflect community standards and be flexible so children in out of home care are placed in the best homes for them. + 18 Principles n Started work by creating 10 guiding principles. n Highlight a few: n Each child in state or county custody needs to be in a licensed home. n The licensure of family foster homes is typically a distinct process with different standards than the placement of children. These processes must work together to ensure that children are placed in the best homes for them. Family foster home licensing standards must be distinct from licensing standards for child care and adult care settings. n n Family foster home licensing standards are necessary to promote safety and consistency in licensing assessments and to give licensors the tools to make good decisions. Over regulation should be avoided. + 19 Categories Covered by Model Standards n Definitions n Additional health & safety n Basic Eligibility n n Physical and Mental Health Criminal history records check n Home Study n Abuse and neglect records check n Capacity n Assurances n Sleeping n Pre-license training n Emergency placement n n Other living space Fire safety/evacuation + 20 For example – “Eligibility” n All the model standards are pulled from state examples with an eye towards not excluding applicants based on socioeconomic or cultural biases – n Consider “Eligibility”: n n Require functional literacy Ability to communicate with child in his/her language n Ability to communicate with service providers and agency (can occur through translators) n “income or resources to make timely payments for shelter, food, utility costs, clothing, and other household expenses prior to the addition of a child in foster care” + 21 Another example – Criminal Background Checks n Follow Adam Walsh n For other crimes, we used language from Illinois: E. If an applicant was convicted for a crime other than those included in B. and C., the applicant will not be automatically rejected as a foster parent. The agency must consider the following: 1. the type of crime; 2. the number of crimes; 3. the nature of the offenses; 4. the age of the individual at the time of conviction; 5. the length of time that has elapsed since the last conviction; 6. the relationship of the crime and the capacity to care for children; 7. evidence of rehabilitation; and 8. opinions of community members concerning the individual in question. + 22 Interpretative Guide n This tool gives licensors guidelines to implement the standards n The guide is organized as follows: n The complete standard n The ‘intent’ statement or purpose of the standard n The guidelines, which include the assessment methods for evaluating compliance with the standards + 23 Crosswalk Tool + 24 Next Steps n We encourage states to use the crosswalk took and compare and align their standards with the model. n A few states have reportedly taken this step. n There is interest in other states as well and we’re happy to help. n Attorneys at the ABA and GU are available to provide free technical assistance. Contact Ana Beltran at [email protected] and Heidi Redlich Epstein at [email protected]. n NARA also offers agencies in-depth consulting services. See www.naralicensing.org for more information. Family First Prevention Services + Act 25 + 26 Family First Prevention Services Act (HR 5456) n Bipartisan, Bicameral legislation Introduced 6/13/16 n Marked up 6/15/16 in House n House voted and passed on 6/21/16! Moves next to the Senate. Supports children in Grandfamilies by: n Providing a partial federal match to states offering evidencebased Kinship Navigator programs. n Allowing states to use federal funds to support 12 months of prevention services to keep children from needing to enter foster care, including families where a relative is caring for a child. + 27 Family First Prevention Services Act (HR 5456) n Addressing barriers to licensure for relatives through the promotion of model family foster care licensing standards with a focus on ensuring states promote placements with family members. n Reducing the amount of time foster children wait to be adopted or placed with relatives across state lines by encouraging states to replace their outdated child placement systems with a more efficient electronic system. n Ensuring more foster children are placed with families by ending federal reimbursement when states inappropriately place children in non-family settings. n Promoting permanency for children by extending adoption and legal guardianship incentive payments. + 28 Family First Prevention Services Act (HR 5456) n Reauthorizing the Regional Partnership Grant Program, which provides funding to state and local evidence-based services aimed at preventing child abuse and child neglect due to parental substance abuse n Extending existing child welfare services for five years through the Promoting Safe and Stable Families Program. n Amendment – Added funds for supportive services to foster families n NOT INCLUDEDn Short-term financial assistance to relatives, as included in previous proposals. Despite Research that shows that caregivers in grandfamilies are experienced and savvy financial managers n Generations United looks forward to working with Members of Congress who are championing federal and state solutions to address these ongoing financial challenges. + Questions & Discussion Jaia Lent, [email protected] 29
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