Aligning NC's Candidacy Definition with Federal Law and Policy

NC Department of Health and Human Services Aligning NC s Candidacy Definition with Federal Law and Policy Lisa Cauley, Senior Director of Child, Family and Adult Services Warren Ludwig, Public Knowledge June 9, 2021 1 NCDHHS, Division | Presentation Title | Presentation Date

Agenda Background information What is federal IV-E policy related to claiming? What in NC s Policy is out of compliance? North Carolina s plan to bring its policy and claiming into compliance by July 1 North Carolina s plan to take advantage of opportunities in the federal definition of candidacy Questions and feedback 2 NCDHHS, Division | Presentation Title | Presentation Date

Background NC Counties currently receive about $16 million a year from IV-E for CPS-In-Home Services to foster care candidates. ACF has told DHHS that: NC s policy is out of compliance for claiming administrative costs for services to candidates to Title IV-E of the Social Security Act. NC must submit revised policy and a plan for implementation together with a timeline. 3 NCDHHS, Division | Presentation Title | Presentation Date

Background (cont.) The federal definition of candidacy for foster care is both more restrictive and more generous than NC s current policy. The policy changes that NC must implement immediately to restrict claiming for in-home services will seem minor to some counties and major to others Policy changes to take advantage of opportunities to expand claiming will be more far-reaching and take several months to develop and implement with input from counties 4 NCDHHS, Division | Presentation Title | Presentation Date

What is Federal Policy? Chapter 8 of the Children s Bureau s Child Welfare Policy manual cover s IV-E Policy on Candidates for title IV-E foster care is covered in Chapter 8.1D https://www.acf.hhs.gov/cwpm/public_html/p rograms/cb/laws_policies/laws/cwpm/policy_ dsp.jsp?citID=79 The CB policy manual follows a question and answer format 5 NCDHHS, Division | Presentation Title | Presentation Date

Q2. At what point may a child be considered a candidate for foster care? A candidate for foster care is a child who is at serious risk of removal from home as evidenced by the title IV-E agency either pursuing his/her removal from the home or making reasonable efforts to prevent such removal. Acceptable methods for documenting a child's candidacy for foster care under title IV-E A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child. Evidence of court proceedings in relation to the removal of the child from the home, in the form of a petition to the court, a court order or a transcript of the court proceedings. 6 NCDHHS, Division | Presentation Title | Presentation Date

Q5. What is the maximum length of time a child may be held in candidate status? A candidate is a child for whom the title IV-E agency is either pursuing or making reasonable efforts to prevent a removal A child may be considered a candidate only for a finite period of time. We do not prescribe the maximum length of time a title IV-E agency must document its justification for retaining a child in candidate status for longer than six months. IV-E agencies must cease claiming Federal reimbursement when the title IV-E agency determines, at any point prior to the removal of a child from home, that such child is no longer a candidate. 7 NCDHHS, Division | Presentation Title | Presentation Date

Q8. What constitutes a case plan for the purposes of documenting a child s candidacy for foster care? Must be a written document that is developed jointly with the parent(s) or guardian of the child and include a description of the services offered and provided to prevent removal of the child from the home Must document, in said plan, that the goal for the child is foster care if the services described in the plan are not effective. 8 NCDHHS, Division | Presentation Title | Presentation Date

Q10. Does the title IV-E agency have to use the term imminent risk? in the case plan..? Is it permissible to document serious risk of removal..? We consider the term "serious risk of removal" to be synonymous with "imminent risk of removal." 9 NCDHHS, Division | Presentation Title | Presentation Date

Why Does ACF Say NCs Policy is Out of Compliance? NC Policy lacks a clear, simple candidacy definition of candidacy for foster care NC policy does not clearly distinguish between two related but separate risks: the risk of maltreatment the risk of entry into foster care Services are insufficiently tied to prevention of removal NC policy implies that all children referred to CPS in-home services are candidates for foster care Policy concerning candidacy is scattered in the manual 10 NCDHHS, Division | Presentation Title | Presentation Date

Steps to Come into Compliance by July 1 Adopt a definition of candidacy for foster care that aligns with federal law and policy. Revise policy related to CPS case decisions, CPS In-Home Services, and CPS funding to clarify that not all children referred to in-home services are candidates and address other inconsistencies with the new candidacy definition. Develop policy and guidance for determining candidacy during in-home services. Communicate changes to the state and county staff. Provide training and support. 11 NCDHHS, Division | Presentation Title | Presentation Date

Draft Revised Policy Definition of a candidate for foster care: A candidate for foster care is a child at imminent or serious risk of removal from home into foster care as evidenced by the county child welfare agency s making reasonable efforts to prevent removal or pursuing removal. Documentation and Evidence of Candidacy: Acceptable documentation and evidence for candidacy for foster care is a written case plan that clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child. The case plan must be developed together with the family, describe the services offered and provided to prevent removal of the child from the home, and document why the child is at serious or imminent risk of removal absent effective preventive services. In the absence of such a case plan, evidence of court proceedings to effect removal can also serve as documentation and evidence of foster care candidacy. The evidence can be in the form of a petition requesting removal or a court transcript showing the county has requested removal into foster care. 12 NCDHHS, Division | Presentation Title | Presentation Date

Draft Revised Policy (cont.) Length of candidacy: A child remains a candidate only so long as the child is at serious risk of entering foster care and the county child welfare agency is either pursuing removal or making reasonable efforts to prevent such removal. A child is expected to be a candidate only for a finite period of time. No maximum time period is prescribed, but the county child welfare agency must document its justification for retaining a child in candidate status for longer than six months. This documentation must be included in an update to the family services plan completed together with the family. Claiming administrative costs to the IV-E Foster Care program. Counties can claim administrative costs to the IV-E foster program for case management services provided to a child for whom the county has the required documentation or evidence that the child meets the definition to be a candidate for foster care. Counties must stop claiming administrative costs when a child no longer meets the definition or if the county fails to document that the child continues to meet the definition after six months. 13 NCDHHS, Division | Presentation Title | Presentation Date

Preliminary ACF Response to Draft Policy It is consistent with the CB policy manual NC has the option of adding language that gives guidance on determining whether a child is at imminent or serious risk of foster care entry NC has to clean up sections of its policy manual that contradict the revised policy Significant communication, training and support will be needed to counties to implement the new policy 14 NCDHHS, Division | Presentation Title | Presentation Date

Guidance for Determining Candidacy Risk of maltreatment is not sufficient but can be a consideration Candidacy must be based on risk of entering foster care absent effective preventive services For a child to be considered a candidate, a child welfare worker must have a direct conversation with the family about why the child is at serious risk of entering foster care without effective services. These are potentially uncomfortable, crucial conversations that should be entered into honestly and not in a threatening way If a worker feels it would be untrue to tell a family that the plan is foster care absent effective preventive services, that is an indication the child may not meet the candidacy definition. 15 NCDHHS, Division | Presentation Title | Presentation Date

Timeline An aggressive time frame for making changes by July 1 or August 1 includes: Presentation to and feedback from ULT 5-19 Communicate draft plan and timeframe to ACF first week in June Draft revised policies and presentation materials by the first week in June communicate revised policies within DHHS including regional representatives Present to the children s services committee June 9 100-county calls and regional representative calls in June and July DCDL letter in mid to late June Webinar or webinars in late June or July Policy implementation July 1 or August 1. Regional CW consultants will work individually with counties 16 NCDHHS, Division | Presentation Title | Presentation Date

Opportunity in the Candidacy Definition Federal policy does not restrict foster care candidacy to children in CPS in-home services Children for whom CPS assessment develops a safety plan or plan of safe care may meet the candidacy definition if the plan Is developed together with the family Clearly states the child is imminent risk for foster care absent effective preventive services Describes services to prevent removal Expanding NC s definition of candidacy could allow: Counties to claim IV-E administrative costs for some CPS assessment activities Refer children at imminent risk of entry into foster care to evidence based prevention services reimbursed through FFPSA 17 NCDHHS, Division | Presentation Title | Presentation Date

Claiming IV-E During CPS Assessments is a Longer-Term Project Explore together with counties how best to move forward Develop policy, protocols, and codes to properly claim for administrative costs for children who meet the candidacy definition prior to transfer to CPS in-home services Review and revise the family in-home services agreement, the safety plan and plan of safe care to assure they would support candidacy determinations Assess implications for: FFPSA prevention services The revision and revalidation of SDM tools and possibly for SOP The NC Fast augmentation and enhancement project. 18 NCDHHS, Division | Presentation Title | Presentation Date

Questions and Feedback 19 NCDHHS, Division | Presentation Title | Presentation Date