CHAPTER 187
AFTERCARE SERVICES AND SUPPORTS
Preamble
These rules define and structure the aftercare services program, which assists youth leaving foster care in their successful transition to adulthood. The aftercare program, including the preparation for adult living (PAL) component, helps former foster care youth to continue preparing for the challenges and opportunities presented by adulthood while receiving services and supports. The program also offers financial benefits to eligible youth up to the age of 21. All services and supports are voluntary.
DIVISION I
AFTERCARE SERVICES
441—187.1(234) Purpose. The purpose of aftercare services is to provide services and supports to youth aged 18, 19 or 20 who were formerly in foster care. The primary goal of the program is for participants to achieve self-sufficiency and to recognize and accept their personal responsibility for the transition from adolescence to adulthood.
441—187.2(234) Eligibility. To be eligible for aftercare services, a youth must meet the following requirements:
	187.2(1) Residence. The youth must reside in Iowa.
	187.2(2) Age. The youth must be at least 18 years of age but less than 21 years of age.
	187.2(3) Foster care experience.
	a. 	The youth must leave foster care:
	(1)	On or after the youth’s eighteenth birthday; or
	(2)	Between the ages of 17½ and 18 after being in foster care continuously for at least six months; or
	(3)	For placement in a subsidized guardianship arrangement on or after October 7, 2008, and on or after the youth’s sixteenth birthday; or
	(4)	Due to adoption on or after October 7, 2008, and on or after the youth’s sixteenth birthday.
	b. 	For purposes of this division, “foster care” is defined as 24-hour substitute care for a child who is placed away from the child’s parents or guardians and for whom the department or juvenile court services has placement and care responsibility through either court order or voluntary agreement.
	c. 	A placement may meet the definition of foster care regardless of whether:
	(1)	The placement is licensed and the state or a local agency makes payments for the child’s care;
	(2)	Adoption subsidy payments are being made before the finalization of adoption; or
	(3)	There is federal matching of any payments made.
	d. 	Foster care may include, but is not limited to, placement in:
	(1)	A foster family home;
	(2)	A foster home of relatives;
	(3)	A group home;
	(4)	An emergency shelter;
	(5)	A preadoptive home;
	(6)	A residential facility; or
	(7)	The home of an unlicensed relative or suitable person.
	(8)	A psychiatric medical institution for children (PMIC).
	e. 	Foster care does not include placement in:
	(1)	A detention facility;
	(2)	A forestry camp;
	(3)	A training school; or
	(4)	Any other facility operated primarily for the detention of children who are determined to be delinquent.
	187.2(4) Responsibility. The youth must:
	a. 	Actively take part in developing and participating in a self-sufficiency plan; and
	b. 	Indicate recognition and acceptance of personal responsibility in the transition toward self-sufficiency.
[ARC 8717B, IAB 5/5/10, effective 7/1/10]
441—187.3(234) Services and supports provided. The aftercare program shall provide the following services and supports to eligible youth:
	187.3(1) Individual self-sufficiency plan. Each youth shall have an individual self-sufficiency plan based on an assessment of the youth’s strengths and needs. The plan shall identify:
	a. 	The youth’s goals for achieving self-sufficiency;
	b. 	The target date for reaching the goals; and
	c. 	The tasks, responsible parties, time frames, and desired outcomes needed to reach the goals.
	187.3(2) Life skills services. The program shall provide life skills services to enable youth to maintain a safe, healthy, and stable home.
	187.3(3) Vendor payments. The program shall make vendor payments to meet direct expenses of the participant that are necessary in order to meet goals of the participant’s self-sufficiency plan.
	a. 	Need. To receive a vendor payment, the youth must demonstrate that there are no other means to meet these needs. Youth receiving a PAL stipend are not eligible for a vendor payment.
	b. 	Scope. Vendor payments may include but are not limited to:
	(1)	Life skills training;
	(2)	Transportation assistance;
	(3)	Employment and education assistance;
	(4)	Clothing; and
	(5)	Room and board.
	c. 	Maximum payment. The amount available for a 12-month period of service shall not exceed $1200 per youth.
	187.3(4) Follow-up. The program shall maintain individual face-to-face contact with the youth at a frequency as defined in the youth’s self-sufficiency plan to ensure that the youth is meeting the goals of the plan.
	187.3(5) Ongoing assessment. Ongoing assessment activities shall be directed toward:
	a. 	Monitoring the progress being made in the youth’s ability to achieve self-sufficiency; and
	b. 	Coordination and evaluation of the services and supports being provided to reach the self-sufficiency goal.
	187.3(6) Case management. Case management activities shall include, but not be limited to:
	a. 	Community involvement services to enable the youth to access community resources; and
	b. 	Development of support systems, including services to assist the youth in establishing or reestablishing relationships with significant adults.
441—187.4(234) Termination. Aftercare services and supports shall be terminated when any of the following conditions apply:
	187.4(1) The youth fails to follow self-sufficiency plan components and expectations as determined by the program administrator.
	187.4(2) The youth voluntarily withdraws from aftercare services.
	187.4(3) The youth is no longer residing in Iowa.
	187.4(4) The youth reaches 21 years of age.
	187.4(5) There are insufficient funds to continue the services.
441—187.5(234) Waiting list. The program administrator or designee shall create a waiting list when all funds for the aftercare services program are committed for the fiscal year. Names shall be entered on the waiting list on a first-come, first-served basis once the youth is determined eligible.
441—187.6(234) Administration. The department may contract with another state agency or a private organization to perform the administrative and case management functions necessary to administer this program.
	187.6(1) The contractor and any subcontractors shall meet the standards in 441—subrule 150.5(3) and paragraph 150.3(3)“i.”
	187.6(2) Agencies providing services or supports shall meet the standards in rules 441—108.2(238) through 441—108.6(238).
441—187.7 to 187.9 Reserved.
These rules are intended to implement Iowa Code section 234.6 and Public Law 106-169, the Foster Care Independence Act of 1999.
DIVISION II
PREPARATION FOR ADULT LIVING (PAL) PROGRAM
441—187.10(234) Purpose. The purpose of the PAL program is to provide financial support to eligible youth who are receiving aftercare services. Youth receiving a PAL stipend are not eligible to receive aftercare vendor payments.
441—187.11(234) Eligibility. A monthly stipend may be provided to a youth receiving aftercare services who left foster care after May 1, 2006, and who meets all of the following criteria:
	187.11(1) Ineligibility for foster care. The youth must be ineligible for voluntary foster care placement under 441—Chapter 202.
	187.11(2) Foster care experience. The youth must:
	a. 	Leave foster care paid for by the state under Iowa Code section 234.35 on or after the youth’s eighteenth birthday; and
	b. 	Have been in foster care paid for by the state under Iowa Code section 234.35 in at least 6 of the last 12 months before the youth left foster care.
	187.11(3) Living arrangement. The youth must have a living arrangement other than a parent’s home, which may include a former foster family, an apartment, a college dormitory, or another approved arrangement. The program administrator or designee is responsible for approving the living arrangement.
	187.11(4) Activity. The youth must meet one or more of the following criteria:
	a. 	Be enrolled in or actively pursuing enrollment in a postsecondary education or training program or work training;
	b. 	Be employed for 80 hours per month or be actively seeking that level of employment; or
	c. 	Be attending an accredited school full-time pursuing a course of study leading to a high school diploma; or
	d. 	Be attending an instructional program leading to a high school equivalency diploma.
	187.11(5) Financial need. Initial and ongoing eligibility shall be based on the youth’s income and need as determined according to rule 441—187.12(234).
[ARC 8717B, IAB 5/5/10, effective 7/1/10]
441—187.12(234) Payment. The program administrator or designee shall issue payment to each participant according to the following guidelines:
	187.12(1) Need. The amount of the PAL stipend shall be based on the needs of the youth as documented in the youth’s self-sufficiency plan. Eligibility and the stipend amount shall be based on the best estimate of the youth’s income, as determined at least quarterly.
	a. 	All earned and unearned income received by the youth during the 30 days before the determination shall be used to project future income.
	(1)	If the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income.
	(2)	Nonrecurring lump-sum payments are excluded as income. Nonrecurring lump-sum payments include but are not limited to one-time payments received for such things as income tax refunds, rebates, credits, refunds of security deposits on rental property or utilities, and retroactive payments for past months’ benefits such as SSI, unemployment insurance, or public assistance.
	b. 	The youth shall timely report the beginning or ending of earned or unearned income. A report shall be considered timely when made within ten days from the receipt of income or the date income ended.
	c. 	When the youth timely reports a change in income, prospective eligibility and stipend amount for the following month shall be determined based on the change.
	d. 	Recoupment shall be made for any overpayment due to failure to timely report a change in income or for benefits paid during an administrative appeal if the department’s action is ultimately upheld. Recoupment shall be done through a reasonable reduction of any future stipends.
	e. 	Recoupment shall not be made when a youth timely reports a change in income and the change is timely acted upon, but the timely notice policy in rule 441—7.7(17A) requires that the action be delayed until the second calendar month following the month of change.
	187.12(2) Amount of monthly stipend. The maximum monthly stipend shall be $602.70.
	a. 	The stipend shall be prorated based on the date of entry.
	b. 	Effect of income.
	(1)	When the monthly unearned income of the youth exceeds the maximum monthly stipend, the youth is not eligible for a stipend.
	(2)	When the net earnings of the youth exceed the maximum monthly stipend, the stipend shall be reduced the following month by 50 cents for every dollar earned over the maximum monthly stipend.
	(3)	A youth receiving Supplemental Security Income payments is not eligible for a stipend.
	187.12(3) Payee. The PAL stipend may be paid to the youth, the foster family, or another payee other than a department employee. The payee shall be agreed upon by the parties involved and specified in the self-sufficiency plan under 187.3(1).
	187.12(4) Start-up allowance. When a youth is approved for the PAL program, the program administrator or designee may authorize a one-time start-up allowance in addition to the monthly stipend. The start-up allowance:
	a. 	Is intended to assist in covering the initial costs of establishing the youth’s living arrangement, such as rental and utility deposits, purchase of food, and purchase of necessary household items.
	b. 	Shall be based on the youth’s income and need as determined according to subrule 187.12(1).
	c. 	Shall not exceed the maximum monthly stipend amount.
[ARC 8451B, IAB 1/13/10, effective 1/1/10; ARC 8653B, IAB 4/7/10, effective 5/12/10; ARC 8717B, IAB 5/5/10, effective 7/1/10; ARC 0851C, IAB 7/24/13, effective 7/1/13; ARC 1064C, IAB 10/2/13, effective 11/6/13]
441—187.13(234) Termination of stipend. The PAL stipend shall be terminated when any of the following conditions apply:
	187.13(1) The youth reaches the age of 21.
	187.13(2) The youth fails to meet work or education eligibility requirements for 30 consecutive days without good cause as determined by the program administrator or designee.
	187.13(3) The youth fails to follow self-sufficiency plan components and expectations as determined by the program administrator or designee.
	187.13(4) The youth fails to maintain satisfactory progress as defined by the education or training program in which the youth is enrolled. A youth who is not making satisfactory progress may stay in the PAL program by choosing the work option.
	187.13(5) The youth chooses to live in a nonapproved setting.
	187.13(6) The youth no longer resides in Iowa.
	187.13(7) The youth lives with a parent.
	187.13(8) There are insufficient funds to continue the stipend.
441—187.14(234) Waiting list. The program administrator or designee shall create a waiting list when all funds for the PAL program are committed for the fiscal year. Names shall be entered on the waiting list on a first-come, first-served basis once the youth is determined eligible.
441—187.15(234) Administration. The department may contract with another state agency or a private organization to perform the administrative functions necessary to administer the PAL program.
	187.15(1) The contractor and any subcontractors shall meet the standards in 441—subrule 150.5(3) and paragraph 150.3(3)“i.”
	187.15(2) Agencies providing support or services shall meet the standards in rules 441—108.2(238) through 441—108.6(238).
These rules are intended to implement Iowa Code section 234.46.
[Filed emergency 6/16/06—published 7/5/06, effective 7/1/06]
[Filed emergency 11/9/06 after Notice 7/5/06—published 12/6/06, effective 12/1/06]
[Filed emergency 3/12/08 after Notice 1/30/08—published 4/9/08, effective 4/1/08]
[Filed Emergency ARC 8451B, IAB 1/13/10, effective 1/1/10]
[Filed ARC 8653B (Notice ARC 8452B, IAB 1/13/10), IAB 4/7/10, effective 5/12/10]
[Filed ARC 8717B (Notice ARC 8536B, IAB 2/24/10), IAB 5/5/10, effective 7/1/10]
[Filed Emergency ARC 0851C, IAB 7/24/13, effective 7/1/13]
[Filed ARC 1064C (Notice ARC 0850C, IAB 7/24/13), IAB 10/2/13, effective 11/6/13]