Fostering Connections to Success and Increasing Adoptions Act of 2008: H.R. 6893 / P.L 110-351
 

HB 617, Chap. 712

Establishes a kinship guardianship subsidy program. Sets procedures for establishing kinship guardianships and legal authority of kinship guardians.

Determines that if continued custody is in the best interests of the person and the person consents to it, the court may grant two-year extensions of commitment that do not extend beyond the person's 21st birthday. Allows for an additional period of state custody past 19 years of age if the person is in need of out-of-home care to avoid personal harm or homelessness and to enhance the person's ability to continue their education or otherwise improve their successful transition to independent living.

Provides that if a child has been removed from the home and placed in out-of-home placement, guardianship or adoptive placement, the department that placed the child shall make reasonable efforts to place that child with siblings or to maintain frequent visitation or other ongoing contact between the child and the child's siblings unless a court determines that such contact would be contrary to the child's or a sibling's safety or well-being.

Requires the department to amend its foster care state plan to extend care to specified individuals up to 21 years of age. Requires the court to ensure that the child's transitional case plan is reviewed periodically and includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. Extends the Adoption Assistance Program (AAP) to include children less than 21 years of age who turned 16 years of age before the adoption assistance agreement became effective.

Amends existing law that requires a social worker who takes a minor into custody to place the minor together within any siblings or half-siblings who are detained or to include a statement as to why that placement would not be appropriate. Requires the worker to make reasonable efforts to place the minor and his or her siblings or half siblings together or to include a statement why the placement would be contrary to the safety or well being of any of the siblings.

HB 1274, Chap. 271

Determines that for children in out-of-home placements, the Department of Human Services shall provide notification to the child welfare educational liaison of the pending enrollment in a public school. Establishes that the Department of Human Services and the Department of Education shall enter a memorandum of understanding that includes a consistent and uniform approach to sharing medical, mental health, sociological, and scholastic achievement data about students between a school district, charter school, or institute charter school and the county department of social services to better facilitate the creation of transition plans for those students and ensure the safety of the people in the school community

SB 31, P.A. 10-160

Establishes that whenever a child is placed in out-of-home care by the Department of Children and Families the child may continue to attend his or her school of origin. If it is determined that it is in a child's best interests to remain in his or her school of origin, the Department and the Board of Education shall collaborate on a transportation plan for the child from the town in which the child is placed to the school of origin.

Creates a procedure by which youth exiting foster care in Delaware and who are provided services under the John H. Chafee Independence Act and/or the Fostering Connections and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age.

Extends adoption and guardianship subsidies for a child from 18 years of age to 21 years of age. Determines that the court shall have jurisdiction to enter a guardianship order and shall retain jurisdiction to enforce, modify, or terminate a guardianship order until a child reaches 21 years of age; provided, that when the child reaches 18 years of age, the child consents and the court finds it is in the best interest of the child.

Amends the definition of case plan to include additional requirements for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance and to include a plan for ensuring the educational stability of a child in foster care.

Amends, on an emergency basis, An Act to provide for the care of dependent children in the District of Columbia and to create a board of children's guardians to extend the adoption subsidy for a child from 18 years of age to 21 years of age; amends the Official Code to extend the guardianship subsidy for a child from 18 years of age to 21 years of age.

Amends, on an emergency basis, An Act to provide for the care of dependent children in the District of Columbia and to create a board of children's guardians to extend the adoption subsidy for a child from 18 years of age to 21 years of age; amends the Official Code to extend the guardianship subsidy for a child from 18 years of age to 21 years of age.

B 1033, Chap. 586

Amends the definition of case plan to include additional requirements for any child in foster care whose permanency plan is placement with a relative guardian and receipt of kinship guardianship assistance and to include a plan for ensuring the educational stability of a child in foster care.

HB 1085, Chap. 469

Determines that siblings removed from their home shall be placed in the same foster care, kinship, guardianship, or adoptive placement, unless the Division of Family and Children Services documents that such a joint placement would be contrary to the safety or well-being of any of the siblings. Includes provisions ensuring the educational stability of the child while in foster care, including an assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement. Establishes that the Division of Family and Children Services of the Department of Human Services provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as the child may elect in the 90 day period immediately prior to the date on which the child will attain 18 years of age.

 Provides that a student placed by the Department of Health and Human Services with an adult who is not the child's parent or legal guardian in accordance with the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 is considered a resident of either the school administrative unit where the student resides during the placement or the school administrative unit where the student resided prior to the placement based on the best interest of the student. The Department of Health and Human Services, in consultation with the school administrative units, shall determine which school is appropriate and notify that unit in writing of its determination.

Stipulates that upon a child's removal from their home and placement into foster care, as part of a child's initial case service plan the supervising agency shall, within 30 days, identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's developmental, emotional, and physical needs. The notification must include certain items such as, explaining the options the relative has to participate in the care and placement of the child, including any option that may be lost by failing to respond to the notification and describe how the relative may subsequently enter into an agreement with the state child welfare department for guardianship assistance.

New Jersey

AB 2137, Chap. 69

Provides for educational stability of children placed in resource family homes, for an initial or subsequent placement, should remain in the school he/she attended prior to placement, if this is in the child's best interest.

Companion bill to SB 2872.  Creates a special legislative commission to be known as "The Task Force in the Education of Children and Youth in the Care of the Department of Children, Youth, and Familes," whose purpose it would be to make a comprehensive study of challenges to ensuring the educational stability and success of children and youth involved with DCYF from pre-K through college undergraduates, and who would report back to the General Assembly.

Companion bill to HB 8109. Creates a special legislative commission to be known as "The Task Force in the Education of Children and Youth in the Care of the Department of Children, Youth, and Familes," whose purpose it would be to make a comprehensive study of challenges to ensuring the educational stability and success of children and youth involved with DCYF from pre-K through college undergraduates, and who would report back to the General Assembly.

South Carolina

 SB 1134, Chap. 214

 Provides that school districts shall take certain measures to help ensure that the education needs of children in foster care are met by assisting with enrollment, school records and credit transfers, access to resources and activities, and excused absence make-up requirements.

Senator Peeler 

Tennessee

 HB 3114, Chap. 1065

 Makes foster care services available to certain persons between 18 and 21 who were in foster care upon their 18th birthday.

Representative Jones

Vermont

HB 507, Chap. 97

Proposes to modify the permanent guardianship law for children to comply with new federal provisions and enable guardians to access federal funds for guardianships.

Representative Pugh