SB 86: A win-win for foster care youths and the state

Today I had the privilege of meeting Whitney Boston. Whitney chose to leave foster care when she turned 18, which was her legal right. But she struggled to live independently. Realizing she wasn’t yet ready, she voluntarily returned to foster care through DHR’s Enhanced After Care program. Today she’s thriving, and she is studying to be a social worker.

Whitney’s story demonstrates the need for a legal process that allows former foster youths to voluntarily return to care. Today she and I testified in Annapolis in support of SB 86, which would enable DHR to enter into voluntary placement agreements with returning foster youths. This also would allow the state to draw down additional federal funds to cover the expense of providing care.

As I explain in my written testimony, which I’ve copied here, this bill is a true win-win for foster care children and the state. There was no opposition at today’s hearing, and I’m hopeful the bill will pass.

I enjoyed meeting several foster care youths who came to testify in favor of SB 86.

Thank you, Chairman Frosh and members of the Committee for the opportunity to testify on behalf of Senate Bill 86. SB 86 will allow the Department to save approximately $420,000 annually for services that DHR already provides.

Sitting here with me is Carnitra White, Executive Director of the Social Services Administration. Later, you will also hear from a young adult in Baltimore County, Whitney Boston. In addition, letters of support from the State Youth Advisory Board and others have been furnished to the Committee.

Currently, the Department of Human Resources provides “enhanced after care” for older youth who chose to leave foster care at the age of 18 but then decide they still need our help. This occurs for a small percentage of our population – approximately 75 youth per year. As you know, the Department can provide services to youth until they reach age 21.

The Department presently funds the services for this group of older youth primarily through state general funds. SB 86 will change state law to allow Maryland to draw down federal Title IV-E funds for these services going forward. Based on our current caseload, the savings will be approximately $420,000 annually when fully implemented.

What is “Enhanced After Care”?

Under federal and state law, youth in foster care are able to declare themselves emancipated upon reaching their 18th birthday, and approximately 150 youth exercise this option each year. Unfortunately, many of the youth who terminate their foster care at the age of 18 or 19 years are not prepared with the knowledge or skills to maintain their independence. About half of the youth who exit care at age 18 or 19 discover that they could use additional help and return to the Department and their case workers for assistance.

I think most of us in this room know of a young relative or family friend who has eagerly anticipated moving out on his or her own after graduating high school or college, only to discover that the reality of paying the bills and holding down a job are far greater than anticipated. Even for those children lucky enough to have a family to lend a few dollars, offer advice or make an introduction to a prospective employer, the transition can be very difficult. Foster youth who leave care have all these same challenges but none of the same supports.

National studies show that up to 50 percent of former foster youth become homeless within the first 18 months after leaving care. Many others have no permanent residence and end up “couch surfing” with family or friends. Housing instability in turn makes it more difficult for former foster youth to hold down a job and puts them at greater risk of involvement with the criminal justice system due to substance abuse or other issues.

In 2010, the Department launched a program called “enhanced after care” that provides services to approximately 75 older youth each year who leave foster care after their 18th birthday. This program covers placement services for qualifying youth, helping them secure and pay for housing and provides critical supports and life skills so that they are in a better position to become self-sufficient by the time they turn 21 years old and no longer qualify for foster care services.

How Will SB 86 Save $420,000?

Until recently, federal regulations did not permit regular Title IV-E claiming for youth over 18 years of age who were in out-of-home placements but still in school or in training. As a result, Maryland currently pays for enhanced after care services with a combination of approximately 80 percent state general funds and 20 percent federal Chafee funds.

With the passage of the federal Fostering Connections Act of 2008, youth 18 to 21 years old who are in State Custody can now qualify for regular Title IV-E claiming as long as they satisfy all other eligibility requirements. However, because the older youth we currently serve have exited care, the Department cannot seek federal IV-E reimbursement for the placement and independent living services we offer this population.

DHR is proposing to amend state law to allow youth who left the Maryland foster care system after they turned 18 to technically be brought back into care under a voluntary placement agreement. DHR estimates that approximately 75 children each year will return to care after 18 and that one-third of these will be eligible for Title IV-E. By amending State law to reflect the existing enhanced after care program, Maryland will qualify for federal Title IV-E reimbursement and realize $420,000 in additional federal revenue and ensure that youth continue to receive critical services to support their transition to adulthood. Please remember, these are children that Maryland is already serving, the change will just allow us to draw down federal funds for the services we are already providing.

Senate Bill 86 also requires the department to codify and adopt regulations around the services it provides to returning youth. Because the Department is currently covering the placement costs of these youth through the existing enhanced after care program, this proposal would not increase the number of youth we serve. Rather, by updating the law to allow youth 18 and old to enter into voluntary placement agreements, DHR would be able to draw down federal Title IV-E child welfare funds for their care.

DHR strives to work closely with advocates and stakeholders on matters affecting youth and families. During that process, we have identified clarifying language to be added to the bill. The amendment will:

• Clarify where a youth can receive services, and

• Allow the court to make any necessary orders to meet the needs of the former CINA if the youth and the local department are in agreement

Thank you for the opportunity to testify and I request for a favorable report on Senate Bill 86, as amended. We are of course happy to answer any questions you may have.

Ted Dallas

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