Section 5101:2-42-19 - Requirements for the provision of independent living services to youth in custody(A) Independent living services are to be provided to each youth in the custody of a public children services agency (PCSA) or private child placing agency (PCPA) as developmentally appropriate, no later than the age of fourteen for normalcy and practical skills to prepare them for the transition from agency custody to self-sufficiency.(B) The PCSA or PCPA is to provide and explain the JFS 01677 "Foster Youth Rights Handbook" pursuant to paragraph (A) of this rule and paragraph (Q) in rule 5101:2-42-90 of the Administrative Code.(C) If a PCSA or PCPA is providing independent living services to an eligible unmarried minor female who is pregnant or has a child and is part of an "Ohio Works First" (OWF) assistance group, the PCSA or PCPA is to inform the local county department of job and family services (CDJFS) of the PCSA or PCPA's involvement with the family in order to ensure coordination of services.(D) The PCSA or PCPA is to conduct a life skills assessment on each youth in agency custody no later than age fourteen. The assessment is to be completed no later than sixty days after the youth's fourteenth birthday or sixty days after the youth enters agency custody, if the youth is fourteen or older. A life skills assessment is to establish the need for independent living services identified in paragraph (E) of this rule. The life skills assessment is to be completed with documented input from the youth, the youth's caregiver, and the youth's caseworker. (E) The PCSA or PCPA is to determine which independent living services are applicable, or not needed based on the assessment referenced in paragraph (D) of this rule and may include, but not be limited to the following: (2) Post secondary educational support. (4) Employment programs or vocational training. (5) Budget and financial management. (6) Housing, education and home management training. (7) Health education and risk prevention. (8) Family support and healthy relationship and marriage education including education and information about safe and stable families, healthy marriages, spousal communication, parenting, responsible fatherhood, childcare skills, teen parenting and domestic and family violence prevention.(9) Mentoring including being matched with a screened and trained adult for a one-on-one relationship that involves the two meeting on a regular basis. Mentoring can be short-term, but may also support the development of a long-term relationship.(10) Supervision services for a youth placed in a supervised independent living arrangement including a youth who is living independently under a supervised arrangement paid for or provided by the county agency.(11) Room and board financial assistance for rent, deposits, utilities, and other household start-up expenses in accordance with all of the following: (a) The PCSA may only use up to thirty per cent of the Chafee federal independent living allocation for room and board pursuant to rule 5101:9-6-35 of the Administrative Code which may include, but is not limited, to assistance with rent and initial rental deposit pursuant to 42U.S.C. 677,(2018).(b) The PCSA is not to use the Chafee allocation or TANF independent living funds for room and board pursuant to rules 5101:9-6-35 and 5101:9-6-08.6 of the Administrative Code for youth under the age of eighteen and young adults that have reached their twenty-first birthday. (12) Financial assistance including direct cash assistance, or other payments made or provided by the county agency to help the youth gain independence.(F) To help the youth achieve self-sufficiency, the PCSA or PCPA is to develop an independent living plan in Ohio statewide automated child welfare information system (Ohio SACWIS) in accordance with all of the following: (1) Complete within thirty days of the completion of the assessment outlined in paragraph (D) of this rule.(2) Be based upon the assessment and the developmental age of the youth.(3) Be youth driven and include input from the youth's caseworker, the resource caregiver, and two adult supporters as identified in rule 5101:2-38-05 of the Administrative Code.(4) Document the strengths, limitations, and resources of the youth and outline the services to be provided.(5) Update the plan with any changes of the youth's strengths, limitations, or goals.(6) Provide a copy of the plan and any subsequent updated plans to the youth and resource caregiver within thirty days of the development or update.(G) The PCSA or PCPA is to include in the independent living plan the contact information containing the names, addresses and phone numbers of significant others, such as current or former resource caregivers, two adult supporters, parents, friends, mentors, child's attorney, guardian ad litem (GAL) or court appointed special advocates (CASA) and extended family members as provided by the youth. The PCSA or PCPA is to use this information to work with the youth to develop and achieve meaningful, permanent connections with at least one caring adult.(H) The PCSA or PCPA is to update the family case plan and submit it to the court within seven days following the completion of the initial independent living plan pursuant to rules 5101:2-38-05 and 5101:2-38-07 of the Administrative Code.(I) The PCSA or PCPA is to complete a readiness review in Ohio SACWIS of the independent living plan with the youth and resource caregiver at least every one hundred eighty days until the agency's custody is terminated. Each review is to include:(1) Progress on current independent living goals and the opportunity to add new independent living goals, as necessary.(2) Review of youth's contacts including the development of meaningful, permanent connections.(3) Details regarding youth's access to and participation in age or developmentally appropriate activities, positive youth development and experiential learning similar to non-custodial youth.(J) The PCSA or PCPA is to provide independent living services training opportunities to caregivers caring for adolescents.(K) For each youth in the custody of the PCSA or PCPA no later than the age of fourteen, the PCSA or PCPA is to request a credit report from each of the three major credit reporting agencies (CRA) each year until the youth is discharged from substitute care. This may be completed simultaneously or separately throughout the year.(1) A request is to be submitted to at least one CRA by the first semi-annual review (SAR) held after the youth attains the age of fourteen.(2) The PCSA or PCPA is to ensure each youth receives a copy and is provided interpretation of their consumer credit report annually until emancipation.(3) The PCSA or PCPA is to assist youth in the resolution of any inaccuracies reported on any of the credit reports by working with the Ohio attorney general's office.(L) A PCSA or PCPA is to ensure the following information is entered into Ohio SACWIS in accordance with rule 5101:2-33-70 of the Administrative Code:(1) All services provided to youth as indicated in paragraph (E) of this rule.(2) Youth characteristics including: (a) Current and historical school information and education levels.(c) Delinquency adjudication.(e) Current and historical medical conditions, medications and medical provider information.(3) Basic demographics of the youth including:(M) The PCSA or PCPA is to enter in Ohio SACWIS the date the independent living assessment and the independent living plan were completed. All readiness review dates of the independent living plan are to be entered in Ohio SACWIS, in accordance with rule 5101:2-33-70 of the Administrative Code. (N) The PCSA or PCPA is to assist the youth in completing the national youth in transition database (NYTD) survey in accordance with 45 C.F.R. 1356.82 (a)(2) (2008). The PCSA may utilize independent living allocation to provide youth with incentives to complete the survey.(O) At least one hundred eighty days prior to the youth's eighteenth birthday, the PCSA or PCPA is to provide the youth information on final transition planning and post emancipation services in accordance with rule 5101:2-42-19.2 of the Administrative Code and eligibility criteria to enroll in bridges in accordance with Chapter 5101:2-50 of the Administrative Code. (1) The PCSA or PCPA is to document efforts in the readiness review to assist youth with meeting eligibility for bridges as outlined in rule 5101: 2-50-02 of the Administrative Code. (2) At least ninety days prior to the youth's emancipation, if it is determined the youth is interested, the PCSA or PCPA is to: (a) Refer the youth to the bridges program.(b) Assign the bridges representative to the ongoing case within Ohio SACWIS.(c) Introduce the youth to the bridges representative.(d) Collaborate with the bridges representative until the youth reaches emancipation and custody has been terminated.(3) At least fourteen days prior to the youth's emancipation, the PCSA or PCPA is to ensure the youth has all documentation required to enroll in the bridges program.(P) If the youth is expected to remain in care after their eighteenth birthday, documentation is to be added to the readiness review at least ninety days prior to their eighteenth birthday to include information regarding the anticipated emancipation date. The PCSA or PCPA is to continue to document ongoing discussions regarding the final transition plan and emancipation date within the readiness review until the final transition plan, referenced in paragraph (Q) of this rule, is created.(Q) At least ninety days prior to the youth's emancipation from the agency's custody, the PCSA or PCPA is to work with the youth to develop a final transition plan. (1) The final transition plan is to be: (b) Reviewed with the youth during monthly visits pursuant to rule 5101: 2-42-65 of the Administrative Code until youth emancipates from agency's custody.(c) Entered into Ohio SACWIS.(d) Shared with the bridges representative for youth that have been referred to the bridges program.(2) The final transition plan is to address the following: (a) The youth's option to receive young adult services identified in rule 5101:2-42-19.2 of the Administrative Code.(b) Health care including: (i) Information regarding Medicaid eligibility for former foster youth until the age of twenty-six. The PCSA or PCPA is to submit the ODM 01958 "Referral for Medicaid Continuing Eligibility Review" to the county in which the youth will reside upon emancipation. It is to be explained to the youth that medicaid is to be renewed annually in the county they reside.(ii) Health care power of attorney.(iii) Youth's option to execute power of attorney.(iv) Establish ongoing services with medical and behavioral health providers where the youth will reside upon emancipation.(d) Secondary and post-secondary education and training.(e) Obtaining and paying for safe and stable housing where the young adult will reside upon emancipation.(f) Budgeting for necessary living expenses.(g) Obtaining a credit report.(h) Registering for selective service.(i) Information on obtaining a driver's license.(j) Information on any existing court fees associated with the youth's name prior to emancipation.(k) Information on any existing benefits the youth receives, such as but not limited to social security benefits. If necessary, the PCSA or PCPA review with the youth instructions on how to apply for continuation of those benefits. (R) Prior to the youth's emancipation from the agency's custody, the PCSA or PCPA is to secure and provide to the youth the following documents: (1) An original birth certificate.(2) An original social security card.(3) A current state identification card or driver's license.(S) The PCSA or PCPA is to provide a copy of the final transition plan to the youth when custody is terminated due to reaching the age of emancipation, along with the following: (1) A copy of the youth's health and education records.(2) A letter verifying that the youth emancipated from agency custody.(T) The PCSA or PCPA is to document in Ohio SACWIS the date the agency provided the information in paragraphs (B), (F), (K), (O) and (Q) to (S) of this rule .Ohio Admin. Code 5101:2-42-19
Effective: 5/1/2024
Five Year Review (FYR) Dates: 11/27/2023 and 05/01/2029
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5103.03, 5101.141
Rule Amplifies: 5101.141, 5103.03, 5153.16
Prior Effective Dates: 10/01/1989, 01/01/1991, 10/01/1997, 11/12/2002, 10/09/2006, 10/01/2009, 12/15/2010, 05/10/2014, 07/15/2015, 12/11/2017, 03/01/2019, 04/04/2022