family first prevention services act overview and

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4/27/2021 1 Family First Prevention Services Act overview and introduction to Title IV-E and new residential certifications Presented by: Child Safety and Permanency Division Licensing Division 1 1/21/2021 Presenters Child Safety and Permanency Deborah Beske Brown, DHS Foster Care Unit Supervisor Sarah Ladd, DHS, Human Trafficking Child Protection Coordinator Tamara Moore, DHS, Expecting and Parenting Youth Specialist Licensing Keith Koegler, DHS Licensing Policy Analyst Paula Halverson, DHS Licensing Unit Manager, MH/SUD/CRF Mary Kelsey, DHS Licensing Unit Manager, Foster Care 1/21/2021 2

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Page 1: Family First Prevention Services Act overview and

4/27/2021

1

Family First Prevention Services Act overview and introduction to Title IV-E and new residential certifications

Presented by:

Child Safety and Permanency Division

Licensing Division 1

1/21/2021

Presenters

• Child Safety and Permanency

• Deborah Beske Brown, DHS Foster Care Unit Supervisor

• Sarah Ladd, DHS, Human Trafficking Child Protection Coordinator

• Tamara Moore, DHS, Expecting and Parenting Youth Specialist

• Licensing

• Keith Koegler, DHS Licensing Policy Analyst

• Paula Halverson, DHS Licensing Unit Manager, MH/SUD/CRF

• Mary Kelsey, DHS Licensing Unit Manager, Foster Care

1/21/2021 2

Page 2: Family First Prevention Services Act overview and

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Housekeeping

• Please sign in on the chat, with your name & facility

• Please keep yourself on mute.

• To help with streaming, please turn off your video unless you are presenting or asking a question.

• You may post questions in the chat during the webinar. We will pause at the end to answer questions.

• Slides will be sent out after the webinar.

1/21/2021 3

Agenda

• Introduction of presenters/housekeeping

• Introduction to Title IV-E requirements and approval process

• Overview and impact of FFPSA- Policy and process for new residential settings

• Introduction of proposed new residential certifications

• Qualified Residential Treatment program

• Sex trafficked, sexually exploited and at risk youth program

• Pregnant and Parenting Youth program

• Discussion of next steps to support implementation

• Questions

1/21/2021 4

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Introduction to Title IV-E

1/21/2021 5

What is Title IV-E?

• Federal reimbursement for foster care maintenance payments for eligible placements in eligible settings.

• Reimbursement is made to county social service agencies and Child Welfare Initiative Tribes

How is Title IV-E collected?

• Counties/tribes report eligible placements to the state and are reimbursed.

• Counties/tribes must verify children are placed in eligible settings in order to receive reimbursement.

Family First Prevention Services Act

The Act became law in February of 2018, and modified many sections of federal child welfare laws, including Title IV-E. Minnesota plans to opt into FFPSA on September 30, 2021

Most significantly, it:

I. Strictly limits federal reimbursement for children’s placements in group residential settings by establishing new criteria for congregate care facilities, and rigorous requirements for placing agencies.

II. Creates new optional Title IV-E Prevention Services, for children at-risk of entering foster care, expanding federal reimbursement for mental health, substance abuse treatment and in-home parenting programs that are rated and approved by the federal Title IV-E Prevention Services Clearinghouse

1/21/2021 6

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Family First Prevention Services Act

FFPSA impacts child foster care placements in group residential settings:

What is child foster care?

I. Children are placed in any setting away from their parent (except for trial home visits and co-located with their parent in a SUD treatment program)

II. County or tribal agency has placement authority (court order or voluntary placement agreement)

1/21/2021 7

Impact of new congregate care restrictions in MN

• Over 2,800 youth experienced out-of-home care sometime during 2018 at residential treatment centers, group homes, and/or corporate shift foster homes.

• About $6 million of federal reimbursement is at stake if these settings don’t meet the new standards.

• Most counties are affected by the potential loss of federal revenue.

1/21/2021 8

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Family First Prevention Services Act

The focus of this presentation is foster care placements congregate (residential) care

It will impact foster care placements after September 30, 2021 in:

I. Residential treatment facilities (mental health)

II. Group homes, including Foster Residence Settings (AKA Corporate foster care)

III. Non-secure correctional facilities

IV. Shelter facilities

V. Transitional facilities

(Placement prior to 9.30.21 are considered legacy) 1/21/2021 9

Foster Residence Settings – FFPSA changes definition

• For the purposes of Title IV-E of the Social Security Act, Family First Prevention Services Act (FFPSA) amended the definition of family foster home. The definition limits the definition of a foster family home to “home of an individual or family,” and requires that the foster parent reside in the home with the child. (Section 472 (c)(1)(A) of the Social Security Act) This means that the term foster family home may no longer include “group homes or other facilities licensed to provide child foster care, as previously permitted in the definition at 45 CRF 1355.20 (a) if the facility is not the home of an individual family.. (U.S. Department of Health and Human Services, Administration for Children and Families Program Instruction ACYF-CB-PI-18-07)

• Due to these changes a foster residence setting will be considered a Child Care Institution

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Foster Residence Settings – FFPSA changes definition

Foster Care maintenance payments for Foster Residences Setting placements after September 30, 2021

• MAPCY no longer applies: When FFPSA is implemented the MAPCY can no longer apply to these settings as they must be considered a children’s group residential facility for Title IV-E purposes.

• The department must approve foster residence settings for Title IV-E reimbursement. County and AICWI agencies may not claim Title IV-E, paid on behalf of an eligible child in a foster residences setting for any duration unless the facility is one of the three specified FFPSA approved setting.

4/27/2021 11

Title IV-E approval

To be a Title IV-E facility:

• When the facility meets the requirements of the FFPSA settings and has a lead county contract in place, the facility may apply for Title IV-E approval. Information about the processes to meet the requirements of FFPSA settings and Title IV-E approval will be specified in a future bulletin.

• The Financial Operations Division (FOD) will be providing information about how the Title IV-E Foster Care Per Diem Rates & Percentages Report will be modified to provide information about the Title IV-E approved foster residences settings. If not familiar with this report, they can be found on the County Link, Fiscal Reporting and Accounting web page.

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FFPSA - Eligible placement settings

1/21/2021 13

Federal Title IV-E foster care payments are limited to two weeks, (for eligible foster children) except in the following settings that meet specialized requirements:

Qualified Residential Treatment Programs

(QRTPs)

Programs for prenatal, postpartum, or parenting

youth

Programs for youth who have been or are at risk

for sex trafficking or commercial sexual

exploitation

Semi-Independent Living Services, supervised for

youth 18 or older

Licensed as a residential family-based treatment

facility for substance abuse where children are placed with their parents

What is a Qualified Residential Treatment Program

FFPSA defines the standards of a QRTP:

I. Trauma-informed treatment model

II. Registered/licensed nurse or other clinical staff available 24/7

III. Facilitates family member participation and outreach(including siblings)

IV. Document how family member are integrated into the foster child’s treatment process

V. Provides discharge planning/aftercare supports for 6 months

VI. Licensed according to Title IV-E requirements and accredited

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County process for QRTP placement

For a child to receive services for an emotional disturbance, a developmental disability, or related condition in a QRTP, a Juvenile Treatment Screening Team must conduct a screening (current statute)

Child may be placed in QRTP on emergency basis and bypass Juvenile Treatment Screening Team

Juvenile Treatment Screening Team not required to be convened for placement in programs other than QRTP

1/21/2021 15

QRTP placement process timeline

Child enters QRTP

14 days 30 days 60 days6

months12

monthsDischarge from QRTP

6 months later

Federal reimburse-

ment ends after 14

days unless following

conditions are met

Assessment by a

qualified individual

occurs within 30

days

Court has reviewed

the assessment

and QRTP placement

decision

State agency has

approved if child <13 is

still in QRTP

State agency has

approved if child 13+ is

still in QRTP

Discharge planning has

occurred

Family-based aftercare

services are provided by

the QRTP

Family and permanency team must be assembled during assessment and continue to participate in case planning until permanency is achieved.

Court must review decision again at every status and permanency hearing.

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QRTP Assessment by Qualified Individual

• Assessment determines the appropriateness of each QRTP placement (prior or within 30 days of placement)

• Qualified Individual – trained professional/licensed clinician, who is not an employee of the agency or connected to a placement setting

• The assessment is done in conjunction with the family and permanency team, which is assembled by the responsible social service agency.

1/21/2021 17

QRTP Assessment by Qualified Individual

• Qualified Individual must:

• Assess the child’s strengths and needs using age-appropriate, evidence based, validated functional assessment tool

• Determine whether the child’s needs can be met with family members or placement in family foster home, if not which setting provides appropriate level of care in the least restrictive setting/consistent with the child’s

permanency goals

• Develop child specific short and long-term mental and behavioral health goals

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QRTP Assessment by Qualified Individual

• Qualified Individual determines:

• Reasons why the child’s needs cannot be met by the family or in a foster family home (a shortage of foster family homes is not an acceptable reason)

• Why the recommended placement in a QRTP is the setting that will provide the child the most effective/appropriate level of care in the least restrictive

environment

• How the placement is consistent with the short-and long-term goals for the child as specified in the permanency plan

1/21/2021 19

QRTP Court Approval

• 60-day court (state or tribal court) approval from the start of each QRTP placement:

• Consider the required 30 day assessment of the appropriateness of the QRTP and documents completed by the Qualified Individual

• Determines whether the needs of the child can be met in with family or foster family home or if not why placement in a QRTP is the setting provides the child the most effective/appropriate level of care in the least restrictive environment

• How the placement is consistent with the short-and long-term goals for the child as specified in the permanency plan

• Approves or disapproves the placement

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What is a specialized setting for youth who have been or are at risk for sex trafficking or commercial sexual exploitation?

1. WHO is served in this setting?

2. WHAT are the needs of these youth?

3. HOW are they placed in this setting?

4. WHY would you want to specialize in serving these youth?

Questions or interest in learning more? Contact [email protected]

See www.mn.gov/dhs/safe-harbor for information about the child welfare response to trafficking and exploitation

1/21/2021 21

WHO is served in this setting?

Youth who have been sex trafficked or commercially sexually exploited

• Identified by child welfare as currently or previously involvement in commercial sexual activity

• May or may not involve a third party trafficker

Youth who are at risk

• Primary risk factors include: involvement in other types of exploitation or trafficking and association with others who exchange sex or anything of value

• Secondary risk factors: experiences such as abuse and trauma, homelessness, drug use, family conflict and gang affiliation

• Intersectionality with social oppression

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WHAT are the needs of these youth?

“A place with people in similar situations, where people won’t judge you by what has happened to you or by your race or religion or also a place where you know someone dangerous won’t come in. Control is kind of comforting, a program where they let you decide for yourself, let you grow on your own.”

Youth survivor of sex trafficking, Voices of Safe

Harbor (2015), p. 40.of sex trafficking, Voices of Safe Harbor (2015), p. 40

• Safety (physical and emotional)

• Care by trained staff (including people with lived experience)

• Access to specialized services

• Collaboration and communication

• Human trafficking preventioneducation

1/21/2021 23

HOW are they placed in this setting?

Identification • Counties and tribes screen youth in placement using state definitions

Documentation• Documents identification in first

two weeks of placement

Individualized assessment of

needs

• Discuss needs and preferences with youth

• Decide whether safe and appropriate to place in specialized setting

1/21/2021 24

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Training Opportunity: Not a #Number trafficking prevention education groups

• FREE training for facilities staff

• Staff can become certified to facilitate Not a #Number prevention groups with youth ages 10-21 in facilities

• Preference for facilities who want to become specialized settings to serve trafficked, exploited or at risk youth; may be available for other facilities if space allows

1/21/2021 25

Why a specialized setting?

Parenting youth and their children should be co-located whenever possible. Such a setting helps to make co-location possible.

1/21/2021 26

Expecting and Parenting Youth (EPY)

The Population:• Expecting (pregnant)• Parenting mothers and/or

fathers

The Needs of EPY:• Prenatal & postpartum

support• Parenting support &

education• Independent Living Skills

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Specialized EPY Settings: The Process

• Obtain Title IV-E Approval

• No changes

• Get Certified by Licensing

• Certification standards will be included in possible new legislation within 245A

• Utilize Values & Guiding Principles

• Established by an external stakeholder workgroup

1/21/2021 27

EPY Values and Guiding Principles

• Connections

• Culturally Sensitive

• Developmentally informed

• Holistic

• Positive Youth Development

• Prudent

• Strength based

• Trauma Informed

• Two generation approach

• Unity

1/21/2021 28

Values and principles to be released in a best practice guide.

Questions? Contact Tamara Moore at [email protected]

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7 minute

Break

4/27/2021 29

Potential Certifications

• Possible legislation this session would create certification standards in chapter 245A for:

• Qualified Residential Treatment Programs (QRTP)

• Pregnant and parenting youth programs

• Programs for youth who have been or are at risk of sex trafficking or commercial sexual exploitation

• Certifications standards in addition to existing l icensing requirements for children’s residential facilities and child foster residence settings (corporate foster care)

• DHS will issue certifications and review the requirements for programs licensed by DHS, DOC, counties, and private l icensing agencies

• Programs choose whether or not to seek these certifications

• Programs may have multiple certifications if the design of the program is appropriate

1/21/2021 30

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Draft Language for Potential Certifications

• The language in the following slides is in draft format only at this time and will continue to change based on feedback and edits made to conform to the standard statute style.

• DHS plans to introduce language in a bill. If it passes, it will become effective this summer.

1/21/2021 31

Trauma-Informed Care Draft Language

245A.02, Subdivision 18a. Trauma [DRAFT]. For the purposes of section 245A.25,

"trauma" means an event, series of events, or set of circumstances that is

experienced by an individual as physically or emotionally harmful or life

threatening and has lasting adverse effects on the individual's functioning and

mental, physical, social, emotional, or spiritual well-being. Trauma includes the

cumulative emotional or psychological harm of group traumatic experiences,

transmitted across generations within a community, often associated with racial

and ethnic population groups in the country who have suffered major

intergenerational losses.

1/21/2021 32

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Trauma-Informed Care Draft Language

245A.25, Subdivision 3. Trauma-informed care [DRAFT].

(a) Programs certified under subdivisions 4 or 5 must provide services according to

a trauma-informed model of care that meets the requirements of this subdivision,

except that programs certified under subdivision 5 are not required to meet the

requirements of paragraph (e).

(b) For the purposes of this section, “trauma-informed care” is defined as care that

acknowledges the effect trauma has on persons receiving services and their

families; modifies services to respond to the effects of trauma; emphasizes skill and

strength-building rather than symptom management; and focuses on the physical

and psychological safety of the person receiving services and their families.

1/21/2021 33

Trauma-Informed Care Draft Language

(c) The license holder must have a process for identifying the signs and symptoms of trauma in a youth and must address their needs related to trauma. This must include:

(1) screening for trauma by completing a trauma-specific screening tool with each youth upon admission or obtaining a trauma-specific screening tool that was completed with the youth within 30 days prior to admission to the program; and

(2) ensuring that trauma-based interventions that target specific trauma-related symptoms are available to the youth when needed and assisting the youth to obtain the services. For qualified residential treatment programs, this must include the provision of the services in paragraph (e).

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Trauma-Informed Care Draft Language

(d) The license holder must ensure that services are developed and provided according to the principles of trauma-informed care including:

(1) recognizing the impact of trauma on the youth when determining service needs and providing services;

(2) allowing youth to participate in selecting which services to receive;

(3) providing services that are person-centered and culturally responsive;

(4) adjusting services to address additional needs of the youth.

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Trauma-Informed Care Draft Language

(e) In addition to the other requirements of this subdivision, qualified residential treatment programs must also use a trauma-based treatment model that includes:

(1) assessing youth to determine if trauma-specific treatment interventions are needed;

(2) identifying in the treatment plan how trauma-specific treatment interventions will be provided;

(3) providing trauma-specific treatment interventions that target specific trauma-related symptoms; and

(4) ensuring clinical staff are trained to provide trauma-specific treatment interventions.

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Trauma-Informed Care Draft Language

(f) The license holder must provide a physical, social, and emotional environment for youth that:

(1) promotes physical and psychological safety;

(2) avoids aspects that may be re-traumatizing;

(3) is adjusted to respond to trauma experienced by a youth and other needs identified by the youth; and

(4) contains designated spaces for sensory and self-soothing activities that are available to the youth when needed.

1/21/2021 37

Trauma-Informed Care Draft Language

(g) The license holder’s policies and procedures must be based on trauma-informed principles and

must:

(1) include a description of how the program’s services are provided according to a trauma-informed model of care;

(2) contain a description of how the environment fulfills the requirements of paragraph (f);

(3) prohibit the use of aversive consequences for violation of program rules or other reasons;

(4) describe the process for how trauma-informed principles and practices are incorporated in staff

meetings; and

(5) if the program is certified to use restrictive procedures under Minnesota Rules, part 2960.0710, how restrictive procedures are used in a way that addresses the youth’s history of trauma and

avoids causing the youth additional trauma.

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Trauma-Informed Care Draft Language

(h) All staff persons must be trained prior to providing direct contact services and on an annual basis in:

(1) concepts of trauma informed care and how to provide services according to these concepts; and

(2) impacts of culture, race, gender, and sexual orientation on individual youth’s behavioral health and experiences of trauma.

1/21/2021 39

QRTP Certification Draft Language

Subdivision 4. Qualified residential treatment programs; certification requirements. [DRAFT]

(a) To be certified as a qualified residential treatment program a license holder must:

(1) meet the definition for a qualified residential treatment program in section 260C.007, subdivision 26d;

(2) meet the requirements for trauma-informed care and a trauma-based treatment model in subdivision 3; and

(3) meet the requirements of this subdivision.

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QRTP Certification Draft Language

(b) The license holder must collaborate with the responsible social services agency and other appropriate parties to implement the youth's out-of-home placement plan and the youth’s short-term and long-term mental health and behavioral health goals included in the assessment required under sections 260C.212, subdivision 1, 260C.704, and 260C.708.

1/21/2021 41

QRTP Certification Draft Language

(c) The program must use a trauma-based treatment model that meets all requirements of subdivision 3 and that is designed to address the needs, including clinical needs as appropriate, of youth with serious emotional or behavioral disorders or disturbances. The license holder must ensure that a treatment plan is developed, documented, and reviewed for each youth according to the requirements in Minnesota Rules, parts 2960.0180, subpart 2, item B and 2960.0190, subpart 2.

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QRTP Certification Draft Language

(d) The following types of staff must be on-site or face-to-face according to the program’s treatment model and must be available 24 hours a day and seven days a week to provide care within the scope of their practice:

(1) A registered nurse or licensed practical nurse licensed by the Minnesota board of nursing to practice professional nursing or practical nursing as defined in section 148.171, subdivisions 14 and 15; and

(2) Other licensed clinical staff to meet the youth’s clinical needs .

1/21/2021 43

QRTP Certification Draft Language

(e) The program must be accredited by one of the following independent, not-for-profit organizations:

(1) the Commission on Accreditation of Rehabilitation Facilities (CARF);

(2) the Joint Commission on Accreditation of Healthcare Organizations (JCAHO);

(3) the Council on Accreditation (COA); or

(4) another independent, not-for-profit accrediting organization approved by the Secretary of the United States Department of Health and Human Services.

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QRTP Certification Draft Language

(f) The license holder must facilitate participation of family members in the youth's

treatment program to the extent appropriate and in accordance with the youth's best

interests according to the out-of-home placement plan required under sections 260C.212,

subdivision 1 and 260C.708.

(g) The license holder must facilitate outreach to family members of the youth, including

siblings, and must document in the youth’s file how the outreach was made, including the

contact information. Additionally, contact information for any known biological family and

fictive kin of the youth must be maintained in the youth’s file.

1/21/2021 45

QRTP Certification Draft Language

(h) The program must document in the youth’s file how family members are

integrated into the treatment process for the youth, including post discharge, and

how sibling connections are maintained.

(i) The program must provide discharge planning and family-based aftercare

support for at least six months post discharge. Aftercare must include at least

monthly contact with the youth and caregivers to promote engagement,

reengagement, and as a means to regularly reevaluate the family’s needs. Monthly

contact may be face-to-face, telephonic, or virtual.

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QRTP Certification Draft Language

(j) The program must maintain a service delivery plan that describes how services

are provided according to the requirements in paragraphs (b) to (i).

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Programs for youth who have been or are at risk of sex trafficking or commercial sexual exploitation

Certification Draft Language

Subdivision 5. Residential settings for youth who have been or are at risk of becoming a victim of sex trafficking or commercial sexual exploitation; certification requirements. [DRAFT]

(a) To be certified as a residential setting for youth who have been or are at risk of becoming a victim of sex trafficking or commercial sexual exploitation, a license holder must meet the requirements of this subdivision.

(b) Settings certified according to this subdivision are exempt from the requirements of section 245A.04, subdivision 11, paragraph (b).

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Programs for youth who have been or are at risk of sex trafficking or commercial sexual exploitation

Certification Draft Language

(c) The program must use a trauma-informed model of care that meets all applicable requirements of subdivision 3, and that is designed to address the needs, including emotional and mental health needs, of youth who have been, or are at risk of becoming, victims of sex trafficking or commercial sexual exploitation.

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Programs for youth who have been or are at risk of sex trafficking or commercial sexual exploitation

Certification Draft Language

(d) The program must provide high quality care and supportive services for youth who have been or are at risk of becoming sex trafficked, and must:

(1) offer a safe setting designed to prevent ongoing and future trafficking;

(2) provide equitable, culturally-responsive and individualized services;

(3) assist youth with accessing medical, mental health, legal, advocacy, and family services based on individual needs;

(4) provide relevant educational, life skills, and employment supports to youth based on individual needs;

(5) offer a trafficking prevention education curriculum and support for youth at risk of future sex trafficking; and

(6) engage with discharge planning for youth and their families.

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Programs for youth who have been or are at risk of sex trafficking or commercial sexual exploitation

Certification Draft Language

(e) The license holder must maintain a service delivery plan that describes how services are provided according to the requirements in paragraphs (c) to (d).

(f) The license holder must ensure that each staff person who has direct contact, as defined in section 245C.02, subdivision 11, with a youth served by the program completes a human trafficking training approved by the Department of Human Services' Children and Family Services Administration before the staff person has direct contact with a youth served by the program and annually thereafter. For programs certified prior to January 1, 2022, the license holder must ensure that each staff person completes the initial training by January 1, 2022.

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Pregnant and Parenting Youth Programs Certification Draft Language

Subdivision 6. Residential settings specializing in providing prenatal, post-partum,

or parenting supports for youth; certification requirements. [DRAFT]

(a) To be certified as a residential setting specializing in providing prenatal, post-

partum, or parenting supports for youth, a license holder must meet the

requirements of this subdivision.

(b) The license holder must collaborate with the responsible social services

agency and other appropriate parties to implement the youth's out-of-home

placement plan required under 260C.212, subdivision 1.

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Pregnant and Parenting Youth Programs Certification Draft Language

(c) The license holder must specialize in providing prenatal, post-partum, or

parenting supports for youth and must:

(1) provide equitable, culturally-responsive and individualized services;

(2) assist youth with accessing postpartum services for at least six weeks

postpartum, including:

(i) sexual and reproductive health services and education; and

(ii) postpartum mental health assessment and follow up; and

(3) engage with discharge planning for youth and their families.

1/21/2021 53

Pregnant and Parenting Youth Programs Certification Draft Language

(d) On or before the date of a child's initial physical presence at the facility, the license holder must

provide education to the child's parent related to safe bathing and reducing the risk of sudden

unexpected infant death and abusive head trauma from shaking infants and young children. The

license holder must use the educational material developed by the commissioner of human services

to comply with this requirement. At a minimum, the education must address:

(1) instruction that a child or infant should never be left unattended around water, a tub should be

fi l led with only two to four inches of water for infants, and an infant should never be put into a tub

when the water is running; and

(2) the risk factors related to sudden unexpected infant death and abusive head trauma from

shaking infants and young children, and means of reducing the risks, including the safety

precautions identified in section 245A.1435 and the risks of co-sleeping.

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Pregnant and Parenting Youth Programs Certification Draft Language

The license holder must document the parent's receipt of the education and keep

the documentation in the parent's file. The documentation must indicate whether

the parent agrees to comply with the safeguards. If the parent refuses to comply,

program staff must provide additional education as described in the parental

supervision plan. The parental supervision plan must include the intervention,

frequency, and staff responsible for the duration of the parent's participation in the

program or until the parent agrees to comply with the safeguards.

1/21/2021 55

Pregnant and Parenting Youth Programs Certification Draft Language

(e) On or before the date of a child's initial physical presence at the facility, the license holder must consider and document the parent's capacity to meet the health and safety needs of the child while on the facility premises including the following elements:

(1) the parent's physical and mental health;

(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;

(3) the child’s physical and mental health; and

(4) any other information available to the license holder that indicates the parent may not be able to adequately care for the child.

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Pregnant and Parenting Youth Programs Certification Draft Language

(f) The license holder must have written procedures specifying the actions to be

taken by staff if a parent is or becomes unable to adequately care for the parent's

child.

(g) If the parent refuses to comply with the safeguards described in paragraph (d)

or is unable to adequately care for the child, the license holder must develop a

parental supervision plan in conjunction with the youth. The plan must account for

any elements in paragraph (e) that contribute to the parent’s inability to

adequately care for the child. The plan must be dated and signed by the staff

person that completed the plan.

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Pregnant and Parenting Youth Programs Certification Draft Language

(h) The license holder must have written procedures addressing whether the program permits

a parent to arrange for supervision of the parent's child by another youth in the program . If

permitted, the facil ity must have a procedure that requires staff approval of the supervision

arrangement before the supervision by the nonparental youth occurs. The procedure for

approval must include an assessment of the nonparental youth's capacity to assume the

supervisory responsibilities using the criteria in paragraph (e). The license holder must

document the license holder's approval of the supervisory arrangement and the assessment of

the nonparental youth's capacity to supervise the child, and must keep this documentation in

the fi le of the parent of the child being supervised.

(i) The license holder must maintain a service delivery plan that describes how services are

provided according to the requirements in paragraphs (b) to (h).

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Tentative DHS Plan for Certification Process

• If the proposed certification standards become law, this summer DHS licensing will begin accepting requests for certifications that DHS will add to a children’s residential facility or foster residence setting license.

• Licensors will review information submitted to DHS by each program that chooses to be certified to verify the program is able to meet the certification standards.

• DHS will provide forms and instructions about what programs will need to provide to DHS later this year.

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Certification Monitoring

• DHS will monitor programs to ensure the standards are met during regular licensing review for DHS directly licensed programs

• Programs licensed by DOC, counties, or private placing agencies will be reviewed for only the certification standards by the DHS licensing division

• Non-compliance with certification standards may be addressed in a correction order or the program may be decertified

• Non-compliance with the new certification standards will not be included as grounds for a conditional license

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Other FFPSA requirements already in place

• Requires criminal record/registry checks for any adult working in a children’s residential facility

• Allows IV-E foster care maintenance payments for children co-located with their parents in a licensed residential family-based treatment facility for substance abuse

• Modifies Chafee Foster Care Independence Program

• Extends support to age 23 (previously 21)

• Extends eligibility for educational training vouchers to age 26

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Next steps

• The licensing certification provisions are a 2021 legislative proposal, if passed information about the process will be provided by DHS Licensing Division

• Minnesota opts into FFPSA on September 30, 2021 – the new Title IV-E requirements apply to placements after that date – a child in current placement will be considered legacy.

• Consider having a conversation with the county or tribal agencies that often place children in your facility about FFPSA.

• Foster residences settings must establish a lead county contract to be eligible for a certification

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Upcoming webinar’s

• January 28 – Presentation by CARF, JCAHO and COA on Accreditation process

• February – Webinar for Foster Residence Settings (Corporate foster care)

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Questions and Discussion?

• What concerns or questions do you have about FFPSA or certifications?

• How can DHS assist you or provide support as you explore how to meet these new requirements?

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Further resources

• April 12, 2018: ACYF-CB-IM-18-02 Basic overview of FFPSA

• May 31, 2018: ACYF-CB-PI-18-06 Amendments to Title IV-B and Chafee Foster Care Independence Program

• July 9, 2018: ACYF-CB-PI-18-07 Title IV-E Foster Care, Prevention, and Permanency Program state plan requirements

• February 2019: ACYF-CB-IM-19-01 National Model Foster Family Home Licensing Standards.

• August 1, 2019: ACYF-CB-IM-19-03 Engaging, empowering, and utilizing family and youth voices.

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Thank you!