Bill to ease foster care transition clears first round

Certain state wards who have aged out of the foster care system could continue to receive services until age 21 under a bill given first-round approval April 5.

LB216, introduced by Lincoln Sen. Amanda McGill, would allow eligible youth to enter into a voluntary foster care agreement with the state Department of Health and Human Services (DHHS) for extended services, including:
• Medicaid;
• postsecondary education assistance;
• continued foster care maintenance payments;
• placement in a foster home, institution or independent living; and
• continued case management to help access additional supports.

McGill said federal law allows states to extend foster care services to age 21 and research shows that youth who continue to receive services have improved chances of success when they transition from foster care. Currently, she said, 71 percent of former female state wards in Nebraska are pregnant by age 21 and 80 percent of males are arrested by age 26.

“LB216 would provide these youth with a variety of services to help prevent some of these negative outcomes,” McGill said.

To qualify for the program, an applicant would need to be:
• employed for at least 80 hours per month;
• enrolled in an institution that provides postsecondary or vocational education;
• completing a secondary education or a program leading to an equivalent credential;
• participating in a program or activity designed to promote or remove barriers to employment; or
• incapable of doing any of the above activities due to a medical condition.

Among other provisions, the bill also creates the Young Adult Voluntary Services and Support Advisory Committee.

McGill said the Former Ward Program, the existing DHHS support program for youth leaving foster care, is not codified in state law. Furthermore, she said, many state wards are unaware that the program exists or do not fit its narrow eligibility requirements.

A Health and Human Services Committee amendment, adopted 28-0, clarifies that DHHS is not required to have legal counsel present at a young adult’s permanency review hearing and raises the age from 14 to 16 that youth in foster care would receive information about the program.

The amendment also moves appointment and oversight of the advisory committee from DHHS to the Nebraska Children’s Commission and expands the case management description outlined in the bill.

Lincoln Sen. Kathy Campbell, chairperson of the committee, said LB216 was one of four bills under consideration this session that comprise a strategic plan to improve the state’s child welfare system.

Fullerton Sen. Annette Dubas supported the bill, saying taxpayers have an obligation to help young people who were removed from their homes by the state. Without the proper support, she said, the transition to adulthood is difficult and too many former state wards become unwed parents on state assistance or enter the criminal justice system.

“We’re going to invest money in these young people one way or the other,” Dubas said.

McGill offered an amendment, adopted 31-0, that raised the age of eligibility for the program from 18 to 19 and would exclude youth who entered the foster care system through the Office of Juvenile Services.

The change was made to reduce the bill’s fiscal impact, she said, and likely would lower the number of youth eligible for the program from around 400 per year to approximately 175.

Lincoln Sen. Colby Coash supported the bill, but expressed concern about narrowing the program to a point that could exacerbate the problem, which he described as a frequent dilemma.

“So what will happen, as has happened in years past, is that we will all feel like we’ve done something,” Coash said. “When in fact what we’ve done is: we’ve framed the problem, we’ve framed a solution, and then we’ve taken the solution and funded it at 50 percent. If we start to do this and fund it at 50 percent, we’re probably doing more harm than good.”

North Platte Sen. Tom Hansen questioned the need to create an entirely new program. He said it appeared that existing programs could provide sufficient assistance to former state wards, citing the state’s Homeless Assistance Program.

Campbell said the goal of the bill is to provide a comprehensive case plan for youth who are transitioning out of foster care, which will reduce their reliance on homeless shelters and other narrowly focused programs.

“We have young people who are floundering,” she said, “and when they get out of foster care, they don’t know where to go.”

Senators voted 28-1 to advance LB216 to select file.