18 Miss. Code. R. 7-1-XVII

Current through December 10, 2024

Section 18-7-1-XVII - REQUIREMENTS FOR INDEPENDENT LIVING PLACEMENTS

The general requirements which pertain to placement of youth under other sections of this document shall be followed. In addition there shall be compliance with the following specific standards for independent living placements.

An Independent Living placement is defined as placement in an apartment, house, or rooming house with supervision from a licensed placement agency. A youth who has attained age seventeen (17), obtained a high school diploma, certificate of attendance or General Education Diploma (GED) and is in the custody of the Department may be placed through an agency licensed for Independent Living placements. The youth's worker, Area Social Work Supervisor (ASWS) and Independent Living Specialist must recommend this placement to the Strategies for Accessing Independent Living Services (SAILS) Advisory Board before final approval by the Independent Living Coordinator.

A.Independent Living Placement requirements:

1. Shall be located in close proximity to school, place of employment and other essential services

2. Shall comply with all fire, sanitation and safety regulations as determined by the Department's Licensing Requirements for child placing agencies

3. Shall be affordable based on the youth's established budget

4. All requests for Independent Living placements shall be presented to the Department's SAILS Advisory Board for consideration.

5. The State Independent Living Coordinator, with the recommendations of the SAILS Advisory Board, approves all Independent Living placements.

6. Shall have provisions to allow for a roommate if the conditions under Responsibilities of the Youth are followed

7. If a roommate is desired, he/she must be the same sex and in the Department's custody.

8. Shall include the reason for selection of Independent Living as the most appropriate placement for the child

9. Shall include the basis for concluding that the child exhibits self-care potential with appropriate agency assistance and has the ability to exercise sound judgment

10. The agency staff shall personally observe and determine that the living situation is safe and document the availability of specific and relevant resources that can provide suitable social, physical, vocational and emotional needs of the child.

11. Shall include an evaluation of the child's need for supervision

12. Shall obtain approval prior to placement from the legal guardian (if termination of parental rights has not been finalized) and Judge who holds jurisdiction

13. Support/Work Experience:

a.The agency shall allow age appropriate youth to be employed. The agency shall provide transportation to available employment sites when a particular youth is employed. The agency shall use employment and work experiences to provide constructive training for children. Children may not be substituted for staff members at the agency, nor perform required duties of agency employees.

b. The agency shall assign chores appropriate to the age and ability of the children in care which do not conflict with school, recreation, extracurricular activities, visitation with their families, Independent Living activities or any other activities associated with meeting the goals of the service plan.

c. The agency shall assist youth in transitioning from dependency to self-sufficiency.

d. The agency shall assist youth in receiving the education, training and services necessary to obtain employment.

e. The agency shall have and follow a written policy regarding the number of hours a child/youth can work, which must be approved by the Department.

f. The agency shall ensure compliance with laws governing the employment of minors, regardless of where the minor is employed.

g. The agency shall encourage youth of legal work age to seek employment in the community in accordance with service plans.

h. The agency shall assist youth in preparing for and entering post-secondary training and educational institutions (when applicable).

i. The agency will make available upon request personal and emotional support to youth through mentors (job coach, teachers, professionals, etc.). Mentors shall meet the same standards as staff regarding criminal records and Central Registry background checks.

j. The agency shall provide financial, housing, counseling, employment, education and other appropriate support and services to former foster care recipients between eighteen (18) and twenty-one (21) years of age (when applicable).

B.Role of the Department:

1. The Department shall provide a contractual agreement of responsibilities for the youth to sign. This agreement shall be updated as circumstances change the level of income or work schedule.

2. The Department shall accept the board payment and disseminate the funds to the landlord for rent and any surplus funds to the youth.

3. The Department shall make two (2) on-site visits monthly, in accordance with the Department's policy.

4. The Department will provide general supervision and the agency shall provide direct supervision to every child in an Independent Living placement.

C.Responsibilities of the Youth:

1. Youth must be employed with sufficient income to meet the needs of his/her budget.

2. Youth must be an active participant and maintain involvement in the Independent Living Program.

3. Youth must be capable of creating a budget based on income and living within the budget.

4. Youth must have finances sufficient to cover the initial cost of placement (i.e. deposits, first and last months rent, if applicable).

5. Youth must be willing to sign and comply with a contract from the child placing agency outlining specific rules and requirements and if the contract is not fulfilled, the youth must leave the Independent Living Placement Program.

6. Youth must be willing to allow planned and unplanned visits to the residence by the Department's worker, IL Specialist, the placing agency and other Department staff as deemed necessary.

7. If the youth wishes to live with a roommate(s), the roommate(s) must:

a. be a sibling or another youth who is also in the Department's custody

b. be of the same sex, if not biological siblings, and have separate bedrooms

c. be approved for Independent Living placements

D.Responsibilities of the Independent Living Specialist (contractor);

1. Shall assist youth, in conjunction with the Department's Worker, in selecting appropriate housing and avoiding conflict of interest regarding rental property

2. Shall meet with the youth every two (2) weeks and assist in the maintenance of the youth's budget

3. Shall compile monthly reports to be presented at the monthly SAILS Advisory Board meeting outlining the youth's previous monthly activities

4. Shall report problems or potential problems to the Department's Worker

E.Case Record:

The agency shall maintain a Case Record for every youth placed in Independent Living which shall contain the following:

1. Demographic information on the youth

2. Documentation of financial support sufficient to meet the youth's housing, clothing, food and miscellaneous expenses (See Appendix K)

3. Date, location, purpose and summary of each contact between the youth and the agency worker

4. Youth's adjustment to placement

5. Case Record shall contain a contract signed and dated by the youth and agency worker which specifies the responsibilities of the agency and the youth. The contract shall be reviewed and updated every three (3) months.

6. When the youth leaves the Independent Living placement, a termination summary shall be written, forwarded to referring agency and to the Department Independent Living Coordinator and placed in the case record.

7. The agency shall contact the youth and document the monthly contacts for the first six (6) months after leaving the placement and/or program and annually thereafter up to child's twenty-first (21^st) birthday.

F.Driver's License for Youth In Care:

The Resource Parents, group home administrator, a court-appointed guardian, an employer, or any other responsible person who is willing to assume the financial obligation (liability) imposed under MS Code § 63-1-25, may choose to sign the application for a youth, unless restricted by a court order. Youth must be at least age sixteen (16), to obtain a driver's license (See Appendix).

A youth who is seventeen (17) years of age or older may sign a license application without an adult's signature, but may not drive until he is covered by liability insurance.

G.Motor Vehicles for Youth in care:

Resource Parents or any other responsible adult has the freedom to purchase a motor vehicle for a youth unless restricted by a court order. The Department shall be informed of the plan to purchase a vehicle prior to the purchase. It is recommended that the Department (County of Responsibility) be notified fourteen (14) days prior to purchase and this notice must be placed in writing. Youth may purchase a vehicle with their own funds if they have a valid driver's license, proof of liability insurance and income to maintain the vehicle. In the event that a youth is placed in an apartment setting and wants to purchase a vehicle, prior approval to purchase must be given by the SAILS Advisory Board.

18 Miss. Code. R. 7-1-XVII