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Foster Children The PJC is working on many fronts to improve the care and education of Important Links:
Cases and Activities during 2008:
Securing McKinney-Vento protections for children in foster care. On November 3, 2006, the PJC sent a letter to Maryland State Department of Education (MSDE) Superintendent Nancy Grasmick, pointing out that Maryland has failed to implement in Maryland the Congressional mandate from July 2002 to afford McKinney-Vento protections to children "awaiting foster care placement." The PJC asked MSDE to take steps to implement these protections, and suggested a definition for MSDE to adopt in regulations. Subsequently, the PJC has been meeting with MSDE and Department of Human Resources officials to work out a suitable definition for statewide implementation. In June 2008, the two agencies came to a joint agreement on a proposed definition, one that was proposed by the PJC. The next step is for the definition to be approved by the Maryland State Board of Education. Once the definition goes into effect, thousands of Maryland children in foster care will experience greater educational stability.
Conference on Education for Children in State Supervised Care. On October 19, 2007, State Senator Delores Kelley convened a meeting of selected leaders from State and non-profit agencies to discuss systemic issues impacting the educational achievement of children in State-supervised care, as well as of children in informal kinship care. The meeting was called after the Public Justice Center drew attention to continuing educational obstacles for children in state-supervised care, including local school districts’ non-compliance with the records transfer law. The meeting included participants from a variety of disciplines including: legislators, State and local educational agencies, State and local child welfare agencies, the foster parent association, the public defender’s office, the Department of Juvenile Services, group home providers, the Governor’s Office of Children, the Legal Aid Bureau, and the Public Justice Center. The attendees uniformly underscored the need for enhanced and systematized training on the unique needs and educational rights of children in State-supervised care. In addition, the group recognized the importance of overseeing compliance with measures designed especially for this population and made several suggestions to enhance both local and State compliance. The group endorsed the combined efforts of the Department of Human Resources, Department of Education, and other stakeholders, including the PJC, to draft procedures that would take the next important steps to eliminate delays in enrollment for agency-placed children. The group also developed suggested amendments to the informal kinship care law, the first of which was introduced by Senator Kelley in the 2008 legislative session. The provision was unanimously passed by both the House and Senate, and signed into law by Governor O’Malley.
Coordinating with the child welfare and educational agencies to improve foster children’s educational experiences. In response to a failing grade on a federal audit, the Department of Human Resources has convened a committee on foster children’s education. The PJC and MSDE are also participating in this committee to identify education problem areas for foster children and collaborative solutions to those problems. The committee drafted a handbook meant for both child welfare and school employees to further their mutual understanding of each other’s agencies and to gather together in one place all relevant information relating to the education of Maryland foster children. The committee is working to develop trainings for education agencies, caseworkers, and children’s caregivers to disseminate this information and to foster understanding across different agencies. In addition, the committee, under the leadership of the PJC, developed groundbreaking new regulations to establish a simplified, uniform, and expedited system of school enrollment for children in state supervised care, and to create procedures and requirements to encourage greater communication and collaboration between the school systems and child welfare agencies. The regulations were approved by the State Board of Education and went into effect on June 1, 2008.
Working in coalition with the Baltimore City Juvenile Court to improve foster children’s educational access. The Baltimore City Juvenile Court has invited the PJC to participate in a model court education committee to identify problem areas, data collection methods, and solutions to educational challenges faced by children in State-supervised care.
Training children’s caregivers and advocates about children’s educational rights. PJC attorneys have been invited to address and advise other professionals involved with foster children. The PJC has developed several training seminars designed to help attendees to understand foster children’s rights in the educational arena and to be better able to navigate the system and advocate for children in state-supervised care. To date, the PJC has developed several presentations and materials, such as “Educational Obstacles for Children in Foster Care,” “ABC’s of School Advocacy,” and “How to Help A Student Who Wants to Re-Enroll in School After Having Been Withdrawn.” These programs have been presented to Department of Social Services case workers, Court Appointed Special Advocates (CASAs), and CINA attorneys. The PJC’s training materials are being used by the Child Welfare Training Academy to train new case workers.
Foster Youth, Inc. (FYI) and the OSI Community Fellowship. The PJC sponsors FYI, a group of current and former foster youth who advocate for youth and children in the foster care system which often provides them with less than adequate care. FYI is based at Baltimore Freedom Academy, a Baltimore City “innovation” high school. The group is doing workshops for students at other area public schools and meeting with lawyers, social workers, and judges to provide their perspectives on the foster care system and recommendations for change. The youth hold special events for current foster youth and children and have lobbied on issues impacting foster children. In November 2007, Shantel Randolph joined PJC as an OSI fellow to coordinate FYI activities and future expansion. Over the summer of 2007 and again in 2008, three FYI youth have worked at PJC, forwarding the activities of FYI. Activities in FY 2008 have included: Teen Success Day where FYI facilitated a workshop at Legal Aid on foster youth group home “Bill of Rights”; outreach and educational visits to other Baltimore City schools to build towards creating more FYI chapters; gift bags for the homeless; School Social Worker Presentation; meeting with child welfare consultant to make suggestions to improve support for youth in foster care; interviews by WYPR on the issues surrounding foster care; two newsletters distributed to foster youth through their attorneys and schools including “Preparing for College” and “Siblings”; participation in kinship care and CASA and Foster Club’s national educational and lobbying events on Capitol Hill; PJC’s “Justice for Breakfast” Forum; picnic at Druid Hill Park for siblings who have been separated in foster care; sponsored Baltimore Freedom Academy Foster Care Month presentation to students and teachers on higher education for foster care youth. FYI received a grant from the Administrative Office of the Courts for FY2009 to produce a film and other orientation materials for youth entering the foster care/CINA systems.
Legislative Advocacy in 2008 session of the Maryland General Assembly:
Senate Bill 77/HB 169
Informal Kinship Education
Lead Sponsors: Sen. Kelley (D-Baltimore Co.), Del. Jones (D-Baltimore Co.)
PJC Position: SUPPORT with Testimony
Legislative Disposition: SIGNED INTO LAW
This piece of legislation requires County school superintendents to recognize the rights of a child residing in kinship care to attend school where that home is located, even if the child’s parents have not surrendered custody. This important bill requires that local school districts honor the often difficult choices families must make in cases of serious hardship.
SB 241/HB 400
Child Welfare- Reports of Children at Substantial Risk
Lead Sponsors: Sen. Kelley (D-Baltimore Co.), Del. Dumas (D-Montgomery Co.)
PJC Position: SUPPORT through Coalition to Protect Maryland’s Children
Legislative Disposition: Bill was given unfavorable report by House Judiciary. Companion bill was not voted on by Senate Committee.
This legislation would have required professionals to notify authorities if it comes to their attention that a child is being placed at risk of abuse or neglect because the child’s caretaker is allowing them to have regular contact with persons who are either registered offenders or who were convicted in Maryland (or other States) of offenses against children. The PJC supported this bill as yet another tool for protecting Maryland’s most vulnerable children. Amidst complaints from local jurisdictions (namely Baltimore City) about the exorbitant amount of additional resources they would have to spend in investigations resulting from this legislation, the bill was killed in committee.
SB243/HB965
Child Abuse and Neglect- Additional Professions
Lead Sponsors: Sen. Kelley (D-Baltimore Co.), Del. Anderson (D-Baltimore City)
PJC Position: SUPPORT through CPMC
Legislative Disposition: Bill was amended and passed out of Senate, but its companion bill in the House was withdrawn without being acted upon.
This bill would have extended the mandatory reporting of child abuse and neglect findings/suspicions to coroners, medical examiners and parole and probation officers and, most controversially, added a criminal sanction for not reporting. 42 other states have a sanction for non-reporting. PJC supported this bill as a way to increase protections for Maryland’s most vulnerable children.
SB57/HB 90
CINA Statute Amendments
Lead Sponsors: Sen. Frosh (D-Montgomery Co.), Del. Vallario (D-Prince Georges Co.)
PJC Position: Support through CPMC
Legislative Disposition: This Bill passed both the Senate and House of Delegates and signed into law by the Governor.
This bill, offered on behalf of the Maryland Judicial Conference, would move Maryland into compliance with federal guidelines by, among other provisions, extending from 7 to 10 days the notice requirement for interested parties before a placement hearing is held and requiring a Juvenile Court judge or master to see every foster child at least once every calendar year. The PJC supported this bill as a responsible recognition of Maryland’s obligations to ensuring the safety of children in state supervised care.
HB 1406
Foster Kids Coverage Act
Lead Sponsors: Del. Mizeur (D- Montgomery Co.)
PJC Position: SUPPORT with testimony
Legislative Disposition: Withdrawn by Sponsor in House of Delegates.
This bill would have required the Maryland Medical Assistance Program (Medicaid) to cover independent former foster care youth between 18-21 who are at or below 200% of federal poverty guidelines. (Federal financial participation is available to help cover these Medicaid costs.) PJC supported this bill as reasonable expansion to cover young persons often ineligible for other forms of assistance, yet still in need of medical coverage. Amidst the increasingly worsening Maryland budgetary picture, however, Del. Mizeur chose to withdraw her bill.
SB 667/HB 948
Foster Parents-Insurance Eligibility
Lead Sponsors: Sen. Colburn (R-Caroline Co.), Del. Haddaway (R- Caroline Co.)
PJC Position: SUPPORT with testimony
Legislative Disposition: Withdrawn by Sponsor in Senate.
This bill would have extended an invitation to participating parents in the Maryland foster care system to enroll in the State Employees health care plan with an identical subsidy to the one state employees currently receive. The PJC supported this legislation as a responsible way to help ensure the security of Maryland’s foster families by ensuring its parents have access to affordable health insurance. Amidst the bleak Maryland fiscal outlook, however, Senator Colburn chose to withdraw his bill and Del. Haddaway followed suit.
HB 593
Juvenile Justice Permanency Planning
Lead Sponsors: State Department of Juvenile Services
PJC Position: OPPOSE with testimony
Legislative Disposition: Bill given Unfavorable report in House Judiciary Committee.
This bill was offered by the State Department of Juvenile Services and sought to cure deficiencies in Maryland’s permanency planning process by simply overlaying language from procedures that govern children in need of assistance proceedings. The PJC opposed this bill as it did not take into account the many ways in which the two proceedings are different. While urging defeat, the PJC suggested a more thoughtful, comprehensive planning process to ensure regulations that truly protected Maryland’s most vulnerable children.
HB 910
CINA-Medical Records
Lead Sponsor: Del. Reznik (D-Montgomery Co.)
PJC Position: Support through CPMC
Legislative Disposition: BILL SIGNED INTO LAW
This bill would shorten from 30 to 10 days the period of time in which any party to a child in need of assistance petition has to object to the release of medical records that the proceedings may make relevant. The PJC supported this bill as an appropriate recognition of both the need for rights of parties to be respected and the interest the subject of CINA petitions have in having their placement determined as soon as possible with all relevant information considered in making that placement.
HB 527
Task Force- Health and Social Services
Lead Sponsors: Del. Reznik (D-Montgomery Co.)
PJC Position: SUPPORT though CPMC
Legislative Disposition: SIGNED INTO LAW
This bill would require the creation of a task force to study the ways in which the State of Maryland goes about the procurement of Health and Social Services for its citizens and requires the Task Force to recommend to the legislature ways in which this system can be improved. The PJC supported this piece of legislation as an important first step in determining ways to strengthen the State’s ability to provide critical social safety net services to its citizens.
SB 782
Certification of Need for Group Homes
Lead Sponsor: Sen. Zirkin (D-Baltimore Co.)
PJC Position: SUPPORT though CPMC
Legislative Disposition: SIGNED INTO LAW
This bill would require that prior to a group home being placed in any jurisdiction, that the Secretary of the licensing agency first certify that there exists a need for such a facility. The PJC supported this legislation as a responsible way to ensure proper planning for group homes for youth.
SB 783
Certification of Group Home Workers
Lead Sponsor: Sen. Zirkin (D-Baltimore Co.)
PJC Position: SUPPORT through CPMC
Legislative Disposition: SIGNED INTO LAW
This legislation would seek to further professionalize and clearly delineate the tasks of workers employed to staff residential group home facilities. The PJC supported this bill as an appropriate measure to bring further professionalism to the ranks of workers in these homes and more clarity as to which tasks can be performed by these workers.
SB 742
Group Home Bill of Rights
Lead Sponsor: Sen. Zirkin (D-Baltimore Co.)
PJC Position: SUPPORT though CPMC
Legislative Disposition: SIGNED INTO LAW
This legislation would require that all licensed group homes with contracts with the State of Maryland prominently display and distribute to youth a residents’ bill of rights in the home so that residents are able to easily access information about rights they have as residents of the home. The PJC supported this legislation as an important tool to ensure that group home residents are made aware of rights they are legally entitled to.
The PJC collaborated with the National Association for the Education of Homeless Children and Youth (NAEHCY) concerning the reauthorization of McKinney-Vento on the federal level. We participated in discussions on how to improve the statute, commented on draft bills, and met with Congressman Sarbanes and with Senator Mikulski’s staff. Congress ultimately decided to wait on reauthorization.
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