13-700 Code Vt. R. 13-172-700-X
These rules have been established to provide for a range of age-appropriate services for youth to help ensure a successful transition to adulthood, including the avoidance of homelessness, incarceration, and substance abuse, and to enable youth to become self-sufficient, contributing members of their community.
The rules cover the following:
All youth are eligible for youth development program case management covered by these rules. Services and programming provided pursuant to 7001 are accessed through Department for Children and Families Family Services Division social workers and are for youth continuing services and programming in which they are already enrolled. Services and programming provided pursuant to 7002 and 7003 are accessed through youth development program coordinators and are for youth who are new to the services or programming, returning to the services and programming, or who are changing their existing services and programming. Such services and programming shall not supplant any adult services or other economic benefits for which the youth may also be eligible or is receiving. Payment for such services and programming shall also be coordinated with any other economic benefits.
The statutory authority for these regulations can be found at 33 V.S.A. §§ 304(b)(2), 4904(c).
This program provides support for eligible Youth in completing secondary education and in making a smooth transition to independent living by continuing the case plan and services that were in place when the Youth turned age 18.
If the Youth has completed the educational or vocational program and continues in the transition phase of the program, the Youth shall participate in 40 hours per week of productive time, including one or more of the following activities, based on the individual Youth's Voluntary Services Agreement:
DCF shall provide financial and case management support for approved placement in licensed foster care, approved independent living, or licensed residential care, as outlined in the Youth's Voluntary Services Agreement.
DCF shall provide substitute care payments for the Youth in approved living arrangements at the same rate paid before the Youth reached age 18.
If a Youth receiving services under this section is employed, the Youth shall be required to contribute to the cost of such services based on a sliding scale, unless the youth meets the criteria for an exception based on a disability or other good cause.
DCF shall assign a social worker to eligible Youth. The social worker and the Youth shall develop and enter into a Voluntary Services Agreement that promotes the Youth's completion of secondary education and transition to independent living.
An individual who turns 18 years of age while in DCF custody may continue in a residential care setting or a supported community-based treatment program but only if the placement occurred prior to the individual reaching age 18. The individual may remain in the residential care or Community-Based Residential Programming setting beyond his or her 18 [th ]birthday for only such time as is needed for the individual to complete a plan of treatment sufficient to make a smooth transition to community living for a period not to exceed six months. No residential facility or Community- Based Residential Programming established after the individual turns 18 is eligible for reimbursement under this section.
The youth may elect to withdraw from a secondary education program at any time.
When the Youth is not meeting the terms of the Voluntary Services Agreement, the DCF social worker shall promptly convene a meeting of all signers of the Voluntary Services Agreement to determine if the agreement can 1) continue as written, 2) needs modification, or 3) should be terminated.
If termination is necessary based on the actions or decisions of the Youth, DCF shall provide verbal and written notice to the Youth, specifying when support ends, why the agreement is terminated, what other support options may be available to the Youth, including any appeal rights that may be available to the Youth as set forth in this rule at section 7005.
Youth who withdraw or are terminated from a program established under this section may apply for re-entry. Re-entry is subject to the eligibility criteria of 7001.1; however, some or all of these criteria may be waived at the discretion of the Commissioner or designee. A Youth who withdraws or is terminated from this program may be eligible for other services to transition-age Youth, as outlined in these regulations.
Programs established under this subsection, including the current "Partners for Adult Living Program," are designed to assist Youth in gaining skills and resources for self-sufficiency by supporting youth in safe and stable residences with appropriate adults.
To be eligible for an adult living program a Youth must:
To remain eligible the Youth shall participate in 40 hours per week of productive time, including one or more of the following activities, based on the individual Youth's Voluntary Services Agreement:
A Youth who does not have a high school diploma or GED will be strongly encouraged to enroll and productively participate, through regular attendance and maintaining passing grades, in an educational program leading to high school diploma or GED.
The Commissioner or designee may in his or her sole discretion grant an exception to the productive requirements of 7002.3.
The nature and extent of the exception will depend on the Youth's individual needs and may be granted for good cause where the application of the eligibility criteria would cause unnecessary hardship for the youth.
Good cause exceptions may be found if the Youth:
Any expectations for employment or productive time for full-time students shall take into consideration the Youth's course load.
The Department may refuse to support other living arrangements that appear to be exploitative, or otherwise inappropriate for the Youth at AHS discretion.
The Commissioner or his designee, in an individual case and in his or her sole discretion, may grant an exception to any of the adult partner approval criteria in subsection 7002.5(A). Such exceptions may be granted in unique and exceptional circumstances where the literal application of the criteria would cause unnecessary hardship and the intent of the criteria can otherwise be achieved through alternate means.
DCF shall reimburse the approved adult partner for room and board at the current base foster care established per diem. In instances where a foster parent served the youth before the 18 [th ] birthday, DCF may negotiate a higher rate up to the amount paid prior to the 18 [th ]birthday, based upon the circumstances of the youth and the foster parent. These rates shall be adjusted annually based on the index used to adjust other reimbursement rates paid to DCF Family Services foster parents.
If a Youth receiving services under this section is employed, the Youth shall be required to contribute to the cost of such services based on a sliding scale, unless the youth meets the criteria for an exception based on a disability or other good cause.
If the Youth is temporarily absent from the home, through no fault of the adult partner, reimbursement may continue at the discretion of the Commissioner or designee for up to 10 days after the Youth has left the home, pending the Youth's return.
DCF shall assign a Youth Development Coordinator to manage the Youth's case. The Youth, in conjunction with the Youth Development Coordinator and adult partner, shall develop and enter into a voluntary services agreement outlining strategies, and timeframes for the youth's becoming financially self-sustaining.
The Youth Development Coordinator shall also assist the youth and adult partner in accessing other community resources as needed, including housing, education and training supports, life skills education, employment, and mental health, physical health, and substance abuse services.
The Youth may elect to withdraw from an adult living program at any time.
When there are changes in circumstances rendering the youth or adult partner ineligible, or when the youth or adult partner is not meeting the terms of the Voluntary Services Agreement, the Youth Development Coordinator shall promptly convene a meeting of all signers of the Voluntary Services Agreement to determine if the agreement can, 1) continue as written, 2) needs modification, or 3) should be terminated. If termination is necessary based on the actions or decisions of the youth or adult partner, DCF shall provide verbal and written notice to the youth and adult partner, specifying when support ends, why the agreement is terminated, what other support options may be available to the youth, including any appeal rights that may be available to the Youth as set forth in this rule at section 7005.
Youth who withdraw or are terminated from an adult living program established under this section may apply for re-entry. Re-entry is subject to the eligibility criteria of 7002.2; however, some or all of these criteria may be waived at the discretion of the Commissioner or designee. A Youth who withdraws or is terminated from this program may be eligible for other services to transition-age Youth, as outlined in these regulations.
Youth attending post secondary education or vocational programs, living on-campus during the school year and in the home of the adult partner during summers and breaks may also qualify for programs established under this subsection provided that they meet the eligibility requirements of 7003.2.
The Department DCF shall establish by procedure a methodology for supporting Youth who are enrolled full-time in college including reimbursement for weekends, school breaks, and summer vacations.
Youth can apply for assistance with cost incurred separate from reimbursement for room and board under the incidental grants section of these rules (7004).
Housing supports programs are designed to provide Youth with financial assistance to establish and maintain an independent, safe and affordable living situation while gaining skills and resources for self-sufficiency, including education. To avoid homelessness and support successful transition to independent adulthood, funding for supported independent living programming may be considered. All Youth participating in this program are required to contribute to their support based on a sliding fee scale.
Incidental expense grants provide small monetary awards to pay for minor, one-time or initial expenses incurred by youth during the transition to adulthood.
To be eligible for either housing supports programming or an incidental expense grant, a youth must:
To remain eligible the Youth shall participate in 40 hours per week of productive time, including one or more of the following activities, based on the individual Youth's Voluntary Services Agreement:
A Youth who does not have a high school diploma or GED will be strongly encouraged to enroll and productively participate, through regular attendance and maintaining passing grades, in an educational program leading to high school diploma or GED.
The Commissioner or designee may in his or her sole discretion grant an exception to the productive time requirements of 7003.3.
The nature and extent of the exception will depend on the Youth's individual needs and may be granted for good cause in exceptional circumstances where the application of the eligibility criteria would cause unnecessary hardship for the Youth.
Good cause exceptions may be found if the Youth:
DCF shall refer the youth for an assigned Youth Development Coordinator through the Youth Development Program. Youth 18 and older may also self refer to the Youth Development Program for case management and housing supports. The Youth, in conjunction with the Youth Development Coordinator, shall develop and enter into a Voluntary Services Agreement that includes budgeting of the Youth's current and future financial resources.
The Youth Development Coordinator shall also assist the youth in accessing other community resources as needed, including housing, education and training supports, life skills education, employment, and mental health, physical health, and substance abuse services.
Independent housing agreements may be negotiated for 6 months at which time they shall be reviewed and subject to modification based on the needs of the Youth and the discretion of the Commissioner. Independent housing agreements shall be incorporated into the Youth's Voluntary Services Agreement.
The Youth may elect to withdraw from an independent housing program at any time.
When there are changes in circumstances rendering the Youth ineligible, or when the youth is not meeting the terms of the voluntary services agreement, the Youth Development Coordinator shall promptly convene a meeting of all signers of the Voluntary Services Agreement to determine if the agreement can 1) continue as written, 2) needs modification, or 3) should be terminated.
If termination is necessary based on the actions or decisions of the Youth, the Youth Development Coordinator or DCF shall provide verbal and written notice to the Youth, specifying when support ends, why the agreement is terminated, and what other support options may be available to the Youth, including any appeal rights that may be available to the Youth as set forth in this rule at section 7005.
Youth who withdraw or are terminated from a housing support program established under this section may apply for re-entry. Re-entry is subject to the eligibility criteria of 7003.2; however, some or all of these criteria may be waived at the discretion of the Commissioner or designee. A Youth who withdraws or is terminated from this program may be eligible for other services to transition-age Youth, as outlined in these regulations.
Grant awards are subject to availability of funding and the Commissioner's discretion. All Youth are eligible for these grants regardless of other programs in which they may be enrolled. Grants may be awarded to cover expenses consistent with the Youth's plan, such as:
Decisions appealable under this rule are: initial eligibility determinations; reduction of services or programming; exceptions; and terminations.
Every attempt should be made to initially resolve disputes with the program manager for the Youth Development Program. To the extent such decisions remain unresolved, appeals shall be made orally or in writing to the Deputy Commissioner of the Department for Children and Families Family Services division or designee. The Deputy Commissioner of the Department for Children and Families Family Services division or designee shall resolve disputes as soon as possible in exigent circumstances, but in no instance shall the review period exceed three weeks. After this appeal process has been exhausted, a Youth or his or her representative may appeal to the Human Services Board pursuant to 3 V.S.A. Sec. 3091 and any rules promulgated there under.
DCF Family Services policy 5011.1, Eligibility beyond age eighteen, is hereby superseded and repealed by this rule.
13-700 Code Vt. R. 13-172-700-X
EFFECTIVE DATE: September 8, 2008 Secretary of State Rule Log #08-034
AMENDED: March 2009 Renumbered from 13 170 022