Public Policy

New Law  Expands Support to Foster Care Youth
Transitioning to Independence

The Foster Care Independence Act was signed into law 12/14/99 (PL 106-169).  The legislation, which was endorsed by the National CASA Association, expands funding to states and improves upon federal programs for youth transitioning from foster care.

The centerpiece of the legislation is the establishment of the John H. Chafee Indepdendent Living Program.  Senator Chafee, an outstanding champion for children and original sponsor of the bill, spearheaded the effort to win Congressional approval before adjournment last year.  The Senator passed away shortly after moving the bill forward.  The Chafee Program replaces the Title IVE Independent Living Program.  Statutory language best summarizes the purpose of the Act:

1)      to identify children who are likely to remain in foster care until 18 years of age and to help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention);

2)    to help children who are likely to remain in foster care until 18 years of age receive the education, training, and services necessary to obtain employment;

3)    to help children who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions; 

4)    to provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults; and

5)    to provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 18 and 21 years of age to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood.

Under the new Act:

-         Title IVE entitlement for independent living activities is doubled to $140 million, with a 20% state match;

-         Services, and room and board, can be made available to young people who left foster care because they turned 18;

-         Young people with assets up to $10,000 are still eligible for IVE

-         States are able to expand Medicaid coverage for young people 18 – 21;

-         Young people must be involved in the design of their plan to achieve self-sufficiency.

States will be required to submit a five-year plan to implement the Chafee Independent Program, addressing services to foster care youth at various stages and ages.  The US Department of Health and Human Services expects to release program instructions to states in late March – April on how to apply for funds.  The first state application, due in late June, will require an abbreviated narrative on how the state intends to provide services to youth 18 – 21, including room and board.  A more detailed application will be required by the end of 2000.  The state plan should be developed with participation from representatives of public and private organizations, Indian tribes and young people served by independent living activities. 

Now is the time for child advocates to work with state representatives who will be developing the state plan.   States are given flexibility in designing their plan, and advocates may want to assure that the state comes up with the 20% match for the funding, which can be in-kind.  The extension of Medicaid, and services to youth 18-21 are additional areas to watch for in the state plan.  Once expanded services are available, CASAs will want to assure that their children aging out of foster care access all the services for which they quality.

A list of the state coordinators for independent living can be found at www.NRCYS.ou.edu, then click on National Resource Center for Youth Development.  Full text of the Foster Care Independence Act can be found at http://www.access.gpo.gov/nara/publaw/106publ.html.  Scroll down to Pub.L. 106-169 (H.R. 3443).  Frequently Asked Questions, a thorough written review of the Act prepared by the National Foster Care Awareness Project, can be viewed online at www.connectforkids.com