§ 3140.210. Right to hearing and appeal.
(a) A child applying for or receiving adoption assistance or a person acting on behalf of a child has a right to a Departmental hearing to appeal:
(1) A finding of ineligibility after determination of eligibility.
(2) A denial or reduction of service.
(3) The termination or suspension of service.
(b) The hearings will be conducted in accordance with Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) unless otherwise provided by this chapter.
APPENDIX A
TITLE IV-E INDEPENDENT LIVING (IL) PROGRAM
GUIDELINES AND APPLICATION PROCESS
(a) Goals of the Title IV-E IL Program.
(1) Children in placement are often deprived of the caring and support of a functioning natural family. Their family background is often one of poverty including generations of dependence on the public welfare system. Without social support and programs, many of these children will repeat the economic dependence learned in their families. Critical to breaking this generational cycle of dependence is the opportunity for meaningful, self-sustaining employment or further education.
(2) The goal of the Commonwealth’s IL Program is to provide children making the transition from placement to independent living with the skills and resources necessary to make them independent and productive members of society.
(3) To accomplish this goal, the Title IV-E IL Program is directed at:
(i) Assisting counties in developing a continuum of community resources and services that help dependent and delinquent youth in placement make the transition to independence and self-sufficiency.
(ii) Improving the coordination and use of existing community resources to meet the transitional living needs of youth in placement.
(iii) Establishing or expanding IL services for IV-E eligible youth who are 16 to 18 years old.
(iv) Maximizing the use of all Federal and State funds available for IL services to children in placement who could benefit.
(b) Counties eligible to submit an application.
(1) An allocation of Title IV-E IL Program money will be made to counties with Title IV-E eligible children who were in placement on March 30, 1988. Counties will be informed by separate letter of their allocation. However, only those counties with youth in placement who meet or who will meet the Title IV-E IL Program eligibility criteria during Federal FY 1988-89 are eligible to submit an application.
(2) To be eligible for Title IV-E IL services, youth shall be 16, 17 or 18 years of age, and receiving Title IV-E Placement Maintenance.
(3) Counties that expect to have youth in placement during 1988-89 who meet these requirements may submit an application for the amount of their allocation. Smaller counties with limited allocations are encouraged to join with a nearby county or counties to submit a joint application. Counties that choose to submit joint applications shall identify the lead county for purposes of payment, audit reporting and the like, in their application.
(c) Funding.
(1) There is no local match required to receive Title IV-E IL funds.
(2) Title IV-E IL funding shall be used to increase spending for IL services and the amount of existing (FY 1987-88) spending for IL services shall be maintained. The new funds can be used to initiate new programs and services or expand existing services. For counties that participated last year, these funds may be used to continue or expand the program begun with the initial grant.
(3) To maximize the use of funding available for IL services to youth, the county shall:
(i) Use Title IV-E IL dollars to provide services for Title IV-E eligible youth. Wherever possible, the grant money should be used to pay for social services for Title IV-E eligible youth now being paid for with State and local dollars. The grant funds can also be used to develop new or expand existing services for eligible youth. Title IV-E IL funds may not be used to fund placement maintenance costs such as food, rent, clothing or board payments.
(ii) Use existing State and local IL dollars, when possible, to fund IL services and programs for youth who are not Title IV-E IL eligible. This is where much of the expansion in a county’s IL program can be realized. State and local dollars are much more flexible than Title IV-E IL funds. They can be used to provide services to youth under 16 years of age and over age 18, aftercare services for youth who have left placement and a broader range of practice living experiences.
(d) Program activities for which Title IV-E IL funds can be used.
(1) Support. Title IV-E IL funds can be used to support:
(i) Direct services for 16, 17 and 18 year old youth who are receiving Title IV-E Placement Maintenance Assistance. Counties may not use Title IV-E IL funds to pay for rent, food, clothing or board payments.
(ii) A prorated share of direct services when they are provided both to Title IV-E eligible youth and those youth who are not Title IV-E eligible. For example, the proportional cost of a group counseling program serving both Title IV-E and non-Title IV-E eligible youth.
(iii) The cost of indirect service activities that benefit both Title IV-E eligible and non-Title IV-E eligible youth when it can be shown that the activity is needed to establish or provide services to Title IV-E eligible youth. Indirect services are those activities that support the provision of direct IL services. Some examples are: staff and foster parent training, community coordinating activities, program evaluation and community education and outreach to support transitional living programs for all youth.
(2) Examples. Examples of the types of direct and indirect services and activities for which Title IV-E IL funds can be used are listed in paragraph (3). The lists are not exhaustive and are meant to serve as guides. Counties are not strictly bound by the lists in preparing their applications and are encouraged to develop new and innovative services and approaches to achieve the goals of the IL Program and meet the needs of youth in their communities.
(3) Direct services.
(i) Direct services are activities conducted on behalf of a youth to achieve the goals and objectives established in the youth’s IL plan. The Federal law that established the Title IV-E Program also requires that an IL case plan be developed for youth receiving Title IV-E IL services and, wherever appropriate, for other youth age 16 or over. The youth’s IL case plan shall be part of the youth’s family service plan and include a description of the services which will help the youth prepare for transition from foster care to independent living.
(ii) For purposes of the Title IV-E IL Program, direct services include, but are not limited to, the following:
(A) Individualized assessment of the IL needs of eligible children and the development of an IL case plan based on that assessment.
(B) Services related to education and vocational training, such as:
(I) Career planning.
(II) Preparation for GED or higher education.
(III) Job readiness.
(IV) Job search assistance.
(V) Job placement.
(VI) Tutoring or other remedial education.
(VII) Job follow-up activities.
(C) Programs and services in basic living skills such as:
(I) Money management.
(II) Home management.
(III) Consumer skills.
(IV) Identifying and using community resources.
(V) Use of transportation.
(VI) Health care.
(VII) Locating housing.
(VIII) Problem solving/decision making.
(IX) Time management.
(X) Communication skills.
(D) Individual and group counseling as well as workshops and conferences to promote:
(I) Self esteem.
(II) Self confidence.
(III) Development of interpersonal and social skills.
(IV) Preparation for transition to independence and termination from substitute care.
(E) Stipends to youth for participation in and completion of IL activities. Stipends can be used as a ‘‘nest egg’’ to fund start-up costs of IL, such as a security deposit for an apartment, apartment utilities and furnishings, and tuition for education and training.
(F) Activities that promote and assist teen parents and their children in making the transition from foster care.
(G) The cost of staff that provide direct services.
(4) Indirect services. For purposes of the Title IV-E IL Program indirect services include, but are not limited to, the following:
(i) Training efforts.
(A) Training of staff to acquire knowledge and skills needed to develop IL programs and IL case plans.
(B) Training of staff, foster parents and other child care providers to provide for the IL needs of children in care such as life skills education.
(C) Purchase of workbooks, audiovisual and other resources to be used in training staff, foster parents and youth.
(ii) Community, outreach and education efforts designed to stimulate support for housing, employment, education, other opportunities for youth leaving care.
(iii) Interagency coordination to support IL activities and services at the local level such as:
(A) An interagency steering committee.
(B) Interagency cooperative agreements that define roles and responsibilities for planning, implementing, funding, staffing and accountability for the various components of the IL initiative.
(iv) System change efforts including:
(A) Development and implementation of IL policies, procedures and service delivery including requirements and models for the development of IL case plans.
(B) Development of an evaluation system for IL programs and case plans.
(v) Staff costs—Title IV-E IL funds may be used to fund staff positions whose duties relate directly to administration of IL programs or services, or both.
(vi) Equipment such as audio/visual or computer hardware and software that will be used to support the IL program effort.
(vii) Staff and training activities are eligible for reimbursement under Title IV-E. Therefore, counties should use the Title IV-E IL funds for staff and training activities only when reimbursement is not available under Title IV-E Placement Maintenance.
(e) Coordination with other service providers.
(1) The success of this program is dependent on the involvement and support of other community agencies and programs. Education, job readiness, access to employment and housing are critical to the successful transition of youth from placement to independent living. The development of cooperative relationships between the county children and youth agency and education, job training, job placement, housing, counseling and other social service agencies is important to the success of the program.
(2) To ensure this cooperation, the county’s Title IV-E IL program should be developed and implemented with the involvement and support of:
(i) Local education and vocational programs. Counties should attempt to involve school districts, community colleges and vocational/technical programs in planning and developing the IL program.
(ii) Job placement and training agencies. The local Private Industry Council and the administrative entity for the Council should be involved in the development and implementation of the program. A letter of support should be obtained from the Council.
(iii) Other public and private housing and social service agencies. These should include the juvenile court and probation office, county MH/MR agency, drug and alcohol agency, local housing authority, private counseling, social service and job placement agencies and services, including Federal Job Corps programs.
(iv) Whenever one or more of these agencies or organizations will be involved in the implementation of the IL program by providing staff, funds, services or other support, a letter describing the specific nature of the agency’s support for the program should be included.
(3) One of the primary reasons for involving other agencies and programs is to make maximum use of existing community resources and services. Working with these agencies to develop a Title IV-E IL Program will help to build community services for all youth. Whenever possible, counties should use and work with existing programs rather than create new programs.
(f) Program application process and content.
(1) Process.
(i) To receive its Title IV-E IL Program allocation a county shall submit an application for Title IV-E IL Program funds to the Department. Counties that participated last year are required to submit a complete application for second year funding.
(ii) A county’s application shall be postmarked or received by the Department by August 19, 1988. Funds allocated to counties that do not submit an application by the deadline will be reallocated for use by other counties. Counties that receive small allocations are encouraged to join with a nearby county or counties to submit a joint application.
(iii) Counties shall send three copies of their application to: Robert Diethorn, Office of Children, Youth and Families, Post Office Box 2675, Health and Welfare Building, Annex, Harrisburg, Pennsylvania 17105-2675.
(2) Content. The county’s application shall contain the following five sections. The narrative sections of the application—subparagraphs (iii) and (iv)—shall follow the outline for these sections as follows:
(i) Certification of the executive officers. This form shall be signed by the county executive or a majority of the county commissioners.
(ii) Need for the program and current effort. Follow the instructions for completing this form. All information shall be provided. Counties that participated in the first year shall update the information contained on the form submitted last year.
(iii) Program description.
(A) Describe the goals of the county’s IL program and how Title IV-E IL Program funds will be used to expand and improve services for youth in placement.
(B) Describe the intended outcomes of the program. The outcomes should be defined in measurable terms, for example, the number of youth prepared for or placed in self-sustaining employment.
(C) For counties that participated last year, update the outcome measures and, if appropriate, add new ones.
(D) Describe direct and indirect services to be developed.
(E) List and describe the specific direct and indirect services to be established, expanded or enhanced through the program. Direct services refer to activities that address the needs of youth directly, for example, life skills education. Indirect services are activities directed at building and improving agency or community resources for youth in need of IL services. Each service shall be described in sufficient detail to provide a clear understanding of what is being proposed. The description should include:
(I) The goal of the service—what does the service seek to accomplish?
(II) How will the service be delivered or carried out—what are the activities or approach used to provide the service?
(III) Who will deliver the service or carry out service activities—what agencies will be involved?
(IV) Whether the service will be supported with Title IV-E IL funds, State and county funds, or both,
(V) The number of Title IV-E IL eligible and non-eligible youth to be served in each direct service.
(VI) An estimate of the Title IV-E IL eligible and non-eligible youth who will benefit from each indirect service.
(VII) For counties that participated last year, update or add service descriptions and update the number of Title IV-E and non IV-E eligible youth to be served in each service.
(F) Describe the current IL program to be maintained.
(G) Identify those parts of the county’s current IL program that will be continued without change and give the number of Title IV-E II eligible and non-eligible youth to be served during the year in each service listed.
(iv) Coordination for resource development and service delivery.
(A) Identify by name the agencies and organizations that will be involved in the program. Describe how they will be involved in the development and implementation of the program and list the services that are available from each of the agencies and organizations identified.
(B) Letters of support from agencies that will be active participants in the IL program—for example, providing resources: space, staff, dollars, equipment and the like—accepting referrals should be attached to the application. A letter should identify the specific type and level of support the agency will provide.
(v) Budget.
(A) Follow the instructions for completing the CY-809—Title IV-E IL Program Budget.
(B) The services listed on the budget form shall reflect the IL services provided by the project. If services such as assessment, training, transportation, counseling, and the like are identified in the program description, those services should also be identified on the budget form.
(g) Review and approval of applications. Office of Children, Youth and Families (OCYF) staff will review applications submitted and recommend approval based on how well the applications address the criteria in paragraphs (1)—(3). OCYF wishes to assure the approval of all applications. Staff will be available to work with counties as necessary to clarify or revise applications to meet review criteria.
(1) Review criteria.
(i) Required information—Is the application complete? Does it contain the required information? Does it contain the required forms? Does the application follow the prescribed format?
(ii) Maintenance of effort—Does the application show that Title IV-E IL funds will not supplant current funding for IL services in the county?
(iii) Scope—Does the application display support for a comprehensive approach to IL services that includes education, employment and counseling services for youth?
(iv) Coordination—Does the application reflect the active participation of local education and vocational programs, job placement and training agencies, and other public and private housing and social service agencies?
(2) Approval process.
(i) Staff will present their findings and recommendations to the Deputy Secretary for Children, Youth and Families, who will make the final decision on approval or disapproval of applications.
(ii) A county will be notified in writing of approval or disapproval of its application. If the application is disapproved, the notification will identify the specific reasons for disapproval.
(3) Program reporting.
(i) Counties will be required to submit quarterly fiscal reports to the Department. Reports are due within 45 days of the end of each fiscal quarter. The reports are to be submitted on forms provided by the Department.
(ii) Fiscal reports will show expenditures for county children and youth IL service activities as well as Title IV-E IL Program expenditures. Expenditures shall be shown by service and intermediate cost category.
(iii) Program reports shall be submitted for each youth receiving IL services under the county’s program at the time of program entry, program completion, 90 days after completion and at the end of the program year on forms provided by the Department.
(iv) Program reports shall include:
(A) A description of the IL services planned and provided to each youth.
(B) The age, race, sex, living arrangement, marital and parental status, duration of foster care and special needs of each youth served.
(C) The results achieved 90 days after the youth completed the program including:
(I) Employment status.
(II) Educational status.
(III) Housing status.
(IV) Services being received.
(V) Whether the youth is living independent of agency maintenance programs.
(D) A summary of coordinating and training activities conducted during the year and a description of the results or products of the activities,
(E) Recommendations for program modifications.
Source The provisions of this Appendix A adopted July 29, 1988, effective July 5, 1988, 18 Pa.B. 3352.
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