Moving From Foster Care to Independence:

The New York Chafee Foster Care Independence Program

April 1, 2004

Diana Proske, Albany Legal Volunteer

Background and Purpose

Teens leaving foster care experience higher rates of homelessness, poverty, unemployment, and victimization than the general population.[1]  These youths also suffer higher rates of physical and emotional problems that are exacerbated by a lack of adequate health care. All of these problems are compounded by a general inability to negotiate the complex process of obtaining public benefits, including Medicaid, subsidized housing, and financial aid.[2]

The Chafee Program is a federal grant program passed as the Foster Care Independence Act of 1999. The law was intended to expand the existing Title IV-E Independent Living Program by increasing both funding and services for children who are aging out of the foster care system. The Chafee Program helps young people move from foster care to independence by providing a variety of services. Services include independent living skills, educational and employment assistance, housing assistance, and medical care for children previously in foster care until they turn 21. In 2001, New York had 3885 children age 16 or older exited out of home care.[3] Nationally, more than 20,000 young people age out of foster care every year.[4]

The program has five broad goals that attempt to keep teens leaving the foster care system from resurfacing as either crime or homeless statistics. To that end, the program doubled the previous Title IV-E funding, allowed states for the first time to use independent living funds for room and board for people 18-21. The program permits states to expand Medicaid coverage to age 21 regardless of income. The Chafee Act also extended the availability of Independent Living programs from children aged 16-18 to young adults up to 21. The states have more flexibility in the services they wish to provide, to whom, and for how long. For example, states determine who is eligible by defining who is likely to remain in foster care until age 18. Federal law mandates that the amount distributed for room and board services for youths aged 18-21 not exceed 30% of the program budget, that each state create a five year plan, and that the funds not be used to substitute or to supplant any other funds already being used for the same general purposes in the state.[5]

The program is funded through a generous matching plan The federal government provides 80% and the states provide 20% of the funds. Initial federal funding totaled $140 million with each state receiving a minimum of $500,000.[6]  New York distributed $11,214,129 in funds between 2002-2003. District allocations ranged form $7,607,943 for New York City to $140 for Hamilton County.[7]

The New York State Plan

New York created a state plan as required by the federal law. Under the state plan, New York determined that the population “likely to remain in foster care until age 18” should be an individual case decision based on such criteria as presenting problems, case history, and individual case goals and objectives. 18 NYCRR 430.12 requires the provision of independent living services to any child over age 14 who will be discharged to independent living, and that such services continue until the child reaches 21.

New York provided Chafee services to 7000 youths in 2000.[8]  As of June 30, 2003, 12,037 children aged 14 or older were in foster care in New York; 4603 of them had Independent Living as their Permanency Planning Goal.

New York State Services

Assessment Services and Case Planning: At minimum, the state plan requires social services districts to conduct educational and vocational assessments, to document the independent living competencies of each beneficiary, and to conduct semi-annual assessments of the young person’s progress. The local social services districts are responsible for creating a bridge between the adolescent and the agencies that provide these services upon discharge from foster care.[9]  Additionally, the social services districts must provide a 90 day notice before discharge and create a discharge plan for each person. One of the purposes of the Chafee Program is to increase youths’ involvement in the formulation of the discharge plan.[10]

Educational Services: Educational services are a significant part of the Chafee plan. New York’s educational services extends to academic support services, vocational training, independent living skills training and stipends, and aftercare services.[11]  Educational services should include assessment and counseling as well as tutoring, mentoring, and emotional support for these children. The local districts should provide an integrated approach to education, including both formal education and basic life skills.

New York participates in the Education and Training Voucher Program, that was established as part of the Promoting Safe and Stable Families Amendments of 2001. The program provides additional funding for youths aging out of foster care and are enrolled in a post-secondary education or vocational training program. Anyone eligible for services under the Chafee plan is automatically eligible for an Education or Training Voucher. Children adopted from foster care after age 16 are also eligible. Finally, any youth participating in the voucher program on their 21st birthday is eligible until they turn 23, provided they are still in school. Funds can be used for tuition, support services such as mentoring and tutoring, books and supplies including computers, clothing, transportation, living expenses, and child care costs. Eligibility is determined by the Office of Children and Family Services (OCFS). Social services districts are to review their records to identify eligible youth and submit those names to OCFS. The program provided up to $5,000 per year per person for FY 2003.[12]

Independent living skills are the most important skills that can be taught to help foster care youth achieve independence, which is the main goal of the program. Training should include job search assistance, career counseling, housing, budgeting and financial management skills, alcohol and substance abuse prevention, preventive health activities, shopping, cooking and house cleaning. These are the basic skills adults need to remain functioning members of society. Youths that are transitioning from foster care are at high risk for homelessness and unemployment and the independent living skills they are taught will help combat these problems.

New York does not require local social services districts to provide room and board for young people who have aged out of foster care. Districts that do provide the services may provide them for any youth who is between the ages of 18 and 21, either upon discharge or at a later time. Youths receiving room and board services must be supervised including face to face contacts. The districts must also establish written policies and procedures that govern these services. The guidelines must include the categories of youth to be served, the maximum dollar amount that will be paid to any one individual, maximum levels of funding for the services, any stipulations about employment or school connected to eligibility for the service, and the expenses the room and board allowance will cover.

Medical Care: Although the Chafee Act permits states to expand medical coverage up to 21, regardless of income, New York has not opted to provide that benefit for young people aging out of foster care.[13]  Instead, young people are expected to obtain health care through traditional Medicaid eligibility (as opposed to eligibility due to their status as a foster care recipient) and the usual spend down methods, through Child Health Plus (CHP) (up to age 19), or through Family Health Plus (FHP).[14] Unfortunately, most non-disabled young people who are single and working do not qualify for Medicaid, the CHP only covers them up to age 19, and many are working in low-skill, low-level jobs that do not provide health insurance plans.[15]

Furthermore, it is important to ensure that local social services districts are helping young people who do qualify negotiate the difficult process of determining whether or which benefits are available to them.[16]

Additional Issues

The Chafee Program only took affect in 2000, and its impact is not clear. However, based on the New York State plan and the response from some interested parties, some of the problems the Act meant to address may still exist in New York. The most obvious is medical care, as the state has declined to extend Medicaid coverage to foster care children between 18 and 21. Automatic extension of Medicaid benefits for this population would eliminate a great source of stress for a group already facing the world at a tremendous disadvantage.

Increased coordination among service providers and administrative offices could also drastically improve the services provided. Providing consistency in case management and mentoring would eliminate gaps in service as well as improving trust within the group served. Furthermore, consistent mentoring form case workers and others would help as young people learn to navigate the difficult world of self sufficiency, particularly when they are moving from one type of public benefits to another. For example, many lose Medicaid coverage at 18 and must then apply for CHP or FHP, in addition to determining whether they are eligible for services such as subsidized housing and financial aid. Some studies have shown that even just one consistent adult mentor had made a tremendous difference in the lives of children leaving foster care.[17]

The state also needs to ensure that there are enough placements for the population. In some areas of the state, even with the educational or housing vouchers, there are simply not enough educational opportunities or affordable apartments. Without adequate housing, a young person faces additional difficulty in finding appropriate work, applying for medical care, and determining whether they need additional education.

Endnotes

[1]  Massinga, Ruth & Peter J. Pecora, Providing Better Opportunities for Older Children in the Child Welfare System, Children, Families, and Foster Care, p. 153. 

[2]  For example, data collected in New York before enactment of the Chafee plan showed that only 46% of eligible young people received ongoing vocational training, and only 43 of 75 surveyed youth received their independent living stipends under the predecessor of the Chafee Program. Child Welfare League of America. 

[3]  Out of Home care is the care a child receives any time he/she is removed from his/her parents, whether the removal is to foster care, kinship care, residential group care, or other living situation mandated by the state. See Child Welfare League of America, Glossary of Terms. 

[4]  Housing First: A Special Report, National Public Radio 

[5]  Frequently Asked Questions, p. 19. Prepared by Members of the National Foster Care Awareness Project. 

[6]  Graf, Ben. Information Packet: Foster Care Independence Act 1999 

[7]  03 OCFS LCM-02 

[8]  Child Welfare League of America, NDAS - Report 

[9]  State Plan p. 43 The New York State Chafee Plan 

[10]  Child Welfare Policy Manual, March 24, 2004. 

[11]  After care services are follow-up services required for any young person over age 16 who is discharged to independent living through a trial discharge period. State Plan, p. 44. 

[12]  For more information see 03-OCFS_LCM-18 

[13]  Few states have taken advantage of this provision of the Chafee Act. However, it should be noted that Timothy M. Westmoreland, the Director of the Center for Medicaid and State Operations, Health Care Financing Administration sent a letter to State Child Welfare and State Medicaid directors encouraging states to extend Medicaid coverage under the law. The letter explained that even this provision gave states flexibility because states could either grant Medicaid eligibility based on Chafee eligibility, apply a different income test to determine eligibility, or limit eligibility by age. The letter dated December 1, 2000. 

[14]  State Plan p.48 

[15]  Covenant House New York, Executive Summary - Implementation of the Foster Care Independence Act 

[16]  Executive Summary 

[17]  Massinga & Pecora, p. 157, 162.