Housing and Child Welfare: Housing and Child Welfare: Litigation Strategies and Litigation Strategies and

Advocacy Tools forAdvocacy Tools for

Parents’ AttorneysParents’ Attorneys

Ruth WhiteRuth WhiteMarta BeresinMarta BeresinMichael MirraMichael Mirra

John Cheney EganJohn Cheney Egan

The National Center for Housing and The National Center for Housing and Child Welfare (NCHCW)Child Welfare (NCHCW)

NCHCW links housing resources to NCHCW links housing resources to child welfare agencies to improve child welfare agencies to improve family functioning, prevent family family functioning, prevent family homelessness, safely reduce the homelessness, safely reduce the need for out-of-home placement, and need for out-of-home placement, and ensure that each young person who ensure that each young person who ages out foster care is able to access ages out foster care is able to access safe, decent, permanent housing.safe, decent, permanent housing.

Poverty and Child WelfarePoverty and Child Welfare

Poverty is the best predictor of whether or Poverty is the best predictor of whether or not a child will enter foster care. (Pelton, not a child will enter foster care. (Pelton, 2008; Sedlak, Mettenburg, Basena, Petta, 2008; Sedlak, Mettenburg, Basena, Petta, McPherson, & Greene, 2010)McPherson, & Greene, 2010)

Housing is a tangible manifestation of Housing is a tangible manifestation of poverty that provides a unique challenge poverty that provides a unique challenge to child welfare workers (Shdaimah, 2009).to child welfare workers (Shdaimah, 2009).

Housing MattersHousing Matters

Housing affects families at each decision point in Housing affects families at each decision point in the child welfare continuum. Children from families the child welfare continuum. Children from families with housing problems are:with housing problems are: More likely to be investigated by CPS (Culhane et al, More likely to be investigated by CPS (Culhane et al,

2004)2004) More likely to be placed in out-of-home care (Courtney More likely to be placed in out-of-home care (Courtney

et al, 2004)et al, 2004) Longer stayers in foster care (Jones, 1998)Longer stayers in foster care (Jones, 1998)

Thirty percent of children in foster care are there Thirty percent of children in foster care are there because of housing problems (Doerre & Mihaly, because of housing problems (Doerre & Mihaly, 1996; Hagedorn, 1995; Thoma, 1998). 1996; Hagedorn, 1995; Thoma, 1998).

Housing and Overrepresentation of Housing and Overrepresentation of Minorities in foster careMinorities in foster care

DisproportionalityDisproportionality 2007 GAO report on the African American Children in 2007 GAO report on the African American Children in

foster care identified housing as a major contributor to foster care identified housing as a major contributor to the overrepresentation of minorities in foster care. the overrepresentation of minorities in foster care.

A 2004 service matching in child welfare study found that A 2004 service matching in child welfare study found that housing was the least well-matched service and housing was the least well-matched service and alarmingly, when it was matched to need, race was the alarmingly, when it was matched to need, race was the best predictor of whether or not a family would get the best predictor of whether or not a family would get the service – this may indicate an service – this may indicate an interaction effect between interaction effect between race and housing on the independent variable of foster race and housing on the independent variable of foster care placement.care placement.

Housing and Overrepresentation of Housing and Overrepresentation of Minorities in foster care (cont.)Minorities in foster care (cont.)

A 2004 service matching in child welfare A 2004 service matching in child welfare study found that housing was the least study found that housing was the least well-matched service and alarmingly, when well-matched service and alarmingly, when it was matched to need, race was the best it was matched to need, race was the best predictor of whether or not a family would predictor of whether or not a family would get the service – this may indicate an get the service – this may indicate an interaction effect between race and interaction effect between race and housing on the independent variable of housing on the independent variable of foster care placement. foster care placement. (Rodenborg, 2004)(Rodenborg, 2004)

Is this overlap by Is this overlap by design?design?

Most neglect statutes include housingMost neglect statutes include housing

All but 13 states have the inability of a caregiver to provide shelter as a part of their state definition of abuse and neglect.

Nine of these states exceptions for families who are unable, due to economic reasons to provide shelter for their families from being charged with neglect. Washington state includes an exemption for economic problems as well, even though housing is not included in the neglect statute.

These definitions and statutes are available on the Child Welfare Information Gateway website at: http://www.childwelfare.gov/systemwide/laws_policies/statutes/define.cfm

Child welfare assessments Child welfare assessments

While ending homelessness is not a major While ending homelessness is not a major thrust of America’s child welfare system, thrust of America’s child welfare system, child welfare assessments regularly inquire child welfare assessments regularly inquire about housing about housing

For example, the next slides provide the For example, the next slides provide the definitions of a few variables from one of the definitions of a few variables from one of the most common assessment tools in the U.S., most common assessment tools in the U.S., the North Carolina Family Assessment the North Carolina Family Assessment Survey for reunification (NCFAS-R). Survey for reunification (NCFAS-R).

Overall EnvironmentOverall Environment

+2 Clear Strength+2 Clear Strength Refers to family receiving very high ratings in the following Refers to family receiving very high ratings in the following areas: housing stability, safety in the community, housing areas: housing stability, safety in the community, housing habitability, income/employment, financial management, food habitability, income/employment, financial management, food and nutrition, personal hygiene, transportation, and learning and nutrition, personal hygiene, transportation, and learning environment.environment.

0 0 Baseline/AdequateBaseline/Adequate

Refers to family experiencing minimal problems in the following Refers to family experiencing minimal problems in the following areas: housing stability, safety in the community, housing areas: housing stability, safety in the community, housing habitability, income/employment, financial management, food habitability, income/employment, financial management, food and nutrition, personal hygiene, transportation, and learning and nutrition, personal hygiene, transportation, and learning environment. However, problems do not interfere in family’s environment. However, problems do not interfere in family’s ability to function, and problems do not need to be addressed.ability to function, and problems do not need to be addressed.

-3 Serious -3 Serious ProblemProblem

Refers to family receiving very low ratings in the following Refers to family receiving very low ratings in the following areas: housing stability, safety in the community, housing areas: housing stability, safety in the community, housing habitability, income/employment, financial management, food habitability, income/employment, financial management, food and nutrition, personal hygiene, transportation, and learning and nutrition, personal hygiene, transportation, and learning environment.environment.

Housing StabilityHousing Stability

+2 Clear +2 Clear StrengthStrength

Refers to family occupying the same, adequate residence Refers to family occupying the same, adequate residence for more than three years. If less than three years, move is for more than three years. If less than three years, move is prompted by a job change or move to better housing, etc. prompted by a job change or move to better housing, etc. Rent/mortgage are paid on time. There are no problems Rent/mortgage are paid on time. There are no problems meeting financial obligations of rent or mortgage.meeting financial obligations of rent or mortgage.

0 0 Baseline/AdequateBaseline/Adequate

Refers to family experiencing, or previously experiencing, Refers to family experiencing, or previously experiencing, minor problems in remaining in the same residence, but minor problems in remaining in the same residence, but family is relatively capable of meeting financial obligations, family is relatively capable of meeting financial obligations, present housing is not threatened, and family members are present housing is not threatened, and family members are not inhibited in pursuing other obligations due to these not inhibited in pursuing other obligations due to these problems.problems.

-3 Serious -3 Serious ProblemProblem

Refers to family being threatened with eviction. Unable to Refers to family being threatened with eviction. Unable to meet rent or mortgage obligations on time, or at all. Or, meet rent or mortgage obligations on time, or at all. Or, family does not have housing, is living with different relatives family does not have housing, is living with different relatives or friends, or living in a homeless shelter. Family is not or friends, or living in a homeless shelter. Family is not satisfied with living situation.satisfied with living situation.

Safety in CommunitySafety in Community

+2 Clear +2 Clear StrengthStrength

Refers to a safe and secure neighborhood for the children. Refers to a safe and secure neighborhood for the children. Parents can allow children to play outside without fear. Parents can allow children to play outside without fear. Neighbors look out for each other (i.e., neighborhood Neighbors look out for each other (i.e., neighborhood “watch”).“watch”).

0 0 Baseline/AdequateBaseline/Adequate

Refers to minor disturbances in the neighborhood, but Refers to minor disturbances in the neighborhood, but disturbances do not prevent family members and children disturbances do not prevent family members and children from spending time outside in the community.from spending time outside in the community.

-3 Serious -3 Serious ProblemProblem

Refers to many disturbances such as fights and/or outbursts Refers to many disturbances such as fights and/or outbursts in the neighborhood. The neighborhood is not safe for in the neighborhood. The neighborhood is not safe for children to play outdoors or walk to the bus or to school. children to play outdoors or walk to the bus or to school. Evidence of violence, “boarded up” or barred windows, gun Evidence of violence, “boarded up” or barred windows, gun fire, the use of alcohol or drugs, and/or drug “trafficking” in fire, the use of alcohol or drugs, and/or drug “trafficking” in the neighborhood. Neighbors fearful of “getting involved.”the neighborhood. Neighbors fearful of “getting involved.”

Habitability of HousingHabitability of Housing

+2 Clear Strength+2 Clear Strength Refers to family and neighbors experiencing home as “warm.” Home is very Refers to family and neighbors experiencing home as “warm.” Home is very clean and neat. Plenty of space and privacy for children. Plenty of furnishings in clean and neat. Plenty of space and privacy for children. Plenty of furnishings in good repair. Safety precautions are considered and taken, such as the use of good repair. Safety precautions are considered and taken, such as the use of smoke alarms and dead bolts on outside doors. Poisonous items are kept locked smoke alarms and dead bolts on outside doors. Poisonous items are kept locked and out of children’s reach. Plumbing is in good condition.and out of children’s reach. Plumbing is in good condition.

0 0 Baseline/AdequateBaseline/Adequate

Refers to minimal problems in the home, such as slight overcrowding, or some Refers to minimal problems in the home, such as slight overcrowding, or some clutter. However, most safety precautions are taken (e.g., poisons are out of clutter. However, most safety precautions are taken (e.g., poisons are out of sight but not locked). Minor house repairs (e.g., crumbling plaster) may be sight but not locked). Minor house repairs (e.g., crumbling plaster) may be evident, but do not require immediate attention.evident, but do not require immediate attention.

-3 Serious Problem-3 Serious Problem Refers to unsanitary situations, including roaches, litter, clutter, and/or Refers to unsanitary situations, including roaches, litter, clutter, and/or unpleasant odors present in the home. Food particles and/or rotting food on the unpleasant odors present in the home. Food particles and/or rotting food on the counters and tables. Urine-soaked or stained furniture, dirty diapers, dirty dishes, counters and tables. Urine-soaked or stained furniture, dirty diapers, dirty dishes, overflowing garbage, and/or animal or human feces on the floor. Hesitance to sit overflowing garbage, and/or animal or human feces on the floor. Hesitance to sit down or enter the home. Nonfunctioning plumbing and/or no electricity. Many down or enter the home. Nonfunctioning plumbing and/or no electricity. Many hazards within the reach of children, such as guns, knives, street drugs, or open hazards within the reach of children, such as guns, knives, street drugs, or open medication and poisons.medication and poisons.

Why ask about housing?Why ask about housing?

Gambrill questioned the application of Gambrill questioned the application of assessment tools based on social work assessment tools based on social work practice, and ultimately ecological systems practice, and ultimately ecological systems theory. theory.

She poses the following questionShe poses the following question , , “Why train staff in effective assessment “Why train staff in effective assessment

skills if they have neither the time nor the skills if they have neither the time nor the tools needed to use them?” tools needed to use them?” (Gambrill, (Gambrill, 2008, p. 190). 2008, p. 190).

Why Don’t child welfare workers Why Don’t child welfare workers have access to housing have access to housing resources?resources?

2010 Child Welfare Funding2010 Child Welfare Funding

Housing is Cost-EffectiveHousing is Cost-Effective

A $15 million investment in FUP means that A $15 million investment in FUP means that more than 9,000 children can return home. This more than 9,000 children can return home. This will result in a savings of $101 million in foster will result in a savings of $101 million in foster care expenditures. (Harburger and White, 2004). care expenditures. (Harburger and White, 2004). (or $56, 892 per family) (or $56, 892 per family)

It costs approximately $53,500 to serve a It costs approximately $53,500 to serve a homeless young person on the street or in homeless young person on the street or in residential treatment but supportive housing for residential treatment but supportive housing for one young person costs only $5,300. (Van one young person costs only $5,300. (Van

Leeuwen, 2004).Leeuwen, 2004).

Housing is a smart investmentHousing is a smart investment

"If we can invest resources that we now spend to have "If we can invest resources that we now spend to have kids in foster care to help stabilize their families so that kids in foster care to help stabilize their families so that they can take care of their own kids, that would be better they can take care of their own kids, that would be better for the kids, better for the families, and better for the for the kids, better for the families, and better for the child-welfare system," Donald says. "child-welfare system," Donald says. "The system's past The system's past failures are not due to lack of resources. failures are not due to lack of resources. They really are They really are not. And that definitely includes Baltimore City." Instead, not. And that definitely includes Baltimore City." Instead, she says she says resources have been poorly allocatedresources have been poorly allocated. It is . It is cheaper to provide services for families than to house cheaper to provide services for families than to house kids in group homes, which can cost the system $72,000 kids in group homes, which can cost the system $72,000 a year per child. (MD DHR Secretary Brenda Donald, a year per child. (MD DHR Secretary Brenda Donald, June 10, 2009, Baltimore City Paper)June 10, 2009, Baltimore City Paper)

Housing versus Cash Housing versus Cash AssistanceAssistance

Sustained economic investments make the difference – Sustained economic investments make the difference – in cases of great financial stress, a small handout or in cases of great financial stress, a small handout or purchase of equipment may not tangibly improve the purchase of equipment may not tangibly improve the plight of families. (Littell and Schuerman, 2002).plight of families. (Littell and Schuerman, 2002).

families who received housing subsidies improved their families who received housing subsidies improved their circumstances, while families who received cash circumstances, while families who received cash assistance continued to have problems. In order to get assistance continued to have problems. In order to get cash assistance, you have to continue to report cash assistance, you have to continue to report problems. This is not the case with housing – it is quite problems. This is not the case with housing – it is quite

the opposite.the opposite.

What should CW be doing on What should CW be doing on housing. housing.

Train cw workers on housing issues and resources.Train cw workers on housing issues and resources. Consider instituting “Alternative” or “Differential Response” Consider instituting “Alternative” or “Differential Response” Partner with local housers – like PHAs, HFAs and private Partner with local housers – like PHAs, HFAs and private

non-profit developersnon-profit developers Set up a local Family Unification Program (More from John)Set up a local Family Unification Program (More from John) Apply for a Title IV-E waiver (More from Michael)Apply for a Title IV-E waiver (More from Michael) Apply for the upcoming HHS FOA – Apply for the upcoming HHS FOA – Partnerships to Partnerships to

Demonstrate the Effectiveness of Supportive Housing for Demonstrate the Effectiveness of Supportive Housing for Families in the Child Welfare System. Families in the Child Welfare System. Issued TODAY by Issued TODAY by ACF for ACF for more info visit www.nchcw.orgmore info visit www.nchcw.org

Homelessness among Families on the Rise Homelessness among Families on the Rise

Since recession hit, homelessness among families Since recession hit, homelessness among families has increased sharply in DC & nationally:has increased sharply in DC & nationally:

DC: DC: 18% from 2011 to 201218% from 2011 to 2012 73% from 2008 to 201273% from 2008 to 2012

Nationally: Nationally: Increased 28 percent between 2007 and 2010 to Increased 28 percent between 2007 and 2010 to

nearly 170,000 families in 2010 (HUD data)nearly 170,000 families in 2010 (HUD data) Four times as many families were living Four times as many families were living ““doubled-updoubled-up””

or in other unstable home situations in 2010 as or in other unstable home situations in 2010 as compared to 2007 (DOE data)compared to 2007 (DOE data)

RecessionRecession’’s Impact on s Impact on Affordable HousingAffordable Housing

Recession = decreased city/state/fedRecession = decreased city/state/fed’’l l revenues revenues

Decreased revs = cutbacks in AH, safety Decreased revs = cutbacks in AH, safety net, and human services programs like net, and human services programs like shelter (locally and nationally)shelter (locally and nationally)

In DC, 60% of cuts have fallen on human In DC, 60% of cuts have fallen on human services programs services programs

Human services = 30% of budgetHuman services = 30% of budget In DC = turning families away from shelterIn DC = turning families away from shelter

Change in Change in Long-Standing Policy Towards Long-Standing Policy Towards

Homeless FamiliesHomeless Families End of hypothermia season, families End of hypothermia season, families

applying for shelter began calling WLCHapplying for shelter began calling WLCH DC told them if they couldnDC told them if they couldn’’t find a safe t find a safe

place to stay, they would be reported to place to stay, they would be reported to CPS (e.g.CPS (e.g.’’s: s: ““Are you sure…?Are you sure…?””))

Chilling effect on applicationsChilling effect on applications Reporting families for doing the right thingReporting families for doing the right thing Part of natPart of nat’’l trend towards l trend towards criminalization criminalization

of homelessness and povertyof homelessness and poverty

Two-fold Approach of DC Two-fold Approach of DC AdvocatesAdvocates

Built coalition of advocates including:Built coalition of advocates including: DV advocatesDV advocates Homeless/housing advocatesHomeless/housing advocates Parents/childrenParents/children’’s attys to:s attys to:1)1) Advocate with DC agencies (DHS, CFSA, Advocate with DC agencies (DHS, CFSA,

Deputy Mayor for CYF) to change Deputy Mayor for CYF) to change policy/protocolpolicy/protocol

2)2) Use stories of our clients to advocate for new Use stories of our clients to advocate for new housing resources for homeless families from housing resources for homeless families from local budget $$local budget $$

Agency Reform StrategyAgency Reform Strategy

Met with Directors of CFSA and DHS, Deputy Met with Directors of CFSA and DHS, Deputy Mayor for CYFMayor for CYF’’s offices office::

Intolerable to have families deterred from Intolerable to have families deterred from seeking assistance and reported for doing so seeking assistance and reported for doing so

Chilling effectChilling effect on parents applying for shelter will on parents applying for shelter will put children at greater riskput children at greater risk

Housing is the solutionHousing is the solution – (i.e., yes, – (i.e., yes, homelessness has a debilitating effect on homelessness has a debilitating effect on children, BUT housing not foster care is the children, BUT housing not foster care is the answer)answer)

Housing is humane & more cost effectiveHousing is humane & more cost effective

Budget Advocacy for More Budget Advocacy for More Housing ResourcesHousing Resources

1.1.Educated PublicEducated Public: Wrote blogs about clients who were : Wrote blogs about clients who were reported to CPS just b/c they were homeless and reported to CPS just b/c they were homeless and seeking shelterseeking shelter

2.2.Educated our local legislatureEducated our local legislature via email campaign and via email campaign and Council visits Council visits

3.Worked with local arm of the Center on Budget and 3.Worked with local arm of the Center on Budget and Policy Priorities (DCFPI) to come up with Policy Priorities (DCFPI) to come up with budget budget proposal to house 250 families with LRSP vouchersproposal to house 250 families with LRSP vouchers (locally funded Section 8) for $4 mil in FY13 and $0 this (locally funded Section 8) for $4 mil in FY13 and $0 this fiscal year.fiscal year.

4. Outcome: 250 LRSP vouchers for homeless families!!4. Outcome: 250 LRSP vouchers for homeless families!!

Potential Housing ResourcesPotential Housing Resourcesto look out for or Advocate for:to look out for or Advocate for:

Unique opportunity to advocate for housing solutions b/c Unique opportunity to advocate for housing solutions b/c they are so much more cost-effective and humane than they are so much more cost-effective and humane than foster care:foster care:

Permanent Supportive Housing (local PSH or fedPermanent Supportive Housing (local PSH or fed’’l S+C)l S+C) Locally funded Section 8 vouchers Locally funded Section 8 vouchers Transitional Housing for Reunifying FamiliesTransitional Housing for Reunifying Families FUP Section 8 vouchersFUP Section 8 vouchers Vouchers for young parents aging out of FCVouchers for young parents aging out of FC New FedNew Fed’’l funding opps – e.g., Health and Human l funding opps – e.g., Health and Human

Services (HHS) giving $5 million in housing/child welfare Services (HHS) giving $5 million in housing/child welfare partnership grants partnership grants

2 Strategies to Equip the Child Welfare System with Housing Resources

Dependency Courtmaking the dependency court an authority to determine the need for housing and to compel the child welfare agency to provide it or arrange for it.

Collaboration between the Child Welfare Agency and Housersmatching child welfare services with housing

Dependency CourtMaking the dependency court and the dependency system an authority to determine the need for housing and to compel the child welfare agency to provide it or arrange for it.

• Norman v. Johnson (Illinois) • Washington State Coalition for the Homeless v. DSHS (Washington)

Advantages and disadvantages as an advocacy strategy and as a way to provide housing

advantages disadvantages

Collaboration between the Child Welfare Agency and Housersmatching child welfare services with housing

• Public Housing Authorities and other housers as a source of housing dedicated to the clients of the child welfare system clients (e.g, Family Unification Program (FUP))

• Advantages of collaboration between the child welfare system and housers

• Some models of collaboration

• Some challenges to an effective collaboration

Norman ServicesNorman Services

Because Every ChildBecause Every Child

Deserves a HomeDeserves a Home

Norman HistoryNorman History

DCFS not ready for the surge in the DCFS not ready for the surge in the number of homeless families.number of homeless families.

Understanding that it is more expensive to Understanding that it is more expensive to have children in care than to serve have children in care than to serve appropriate parents.appropriate parents.

Lawsuit against DCFS resulting in the Lawsuit against DCFS resulting in the Norman Consent Decree.Norman Consent Decree.

Housing Advocacy (HAP)Housing Advocacy (HAP)

Crisis Intervention.Crisis Intervention. Develop relationships with landlords.Develop relationships with landlords. Provide apartment listings.Provide apartment listings. Provide tenant counseling.Provide tenant counseling. Advocate with housing providers.Advocate with housing providers. Provide linkages to community services.Provide linkages to community services. Provide follow-up services.Provide follow-up services.

HAP EligibilityHAP Eligibility

Has children who are in danger of being Has children who are in danger of being placed in, or cannot be returned home placed in, or cannot be returned home from, DCFS custody due to inadequate from, DCFS custody due to inadequate housing.housing.

Need assistance locating housing. Need assistance locating housing. Understanding that it is more expensive to Understanding that it is more expensive to have children in care than to serve have children in care than to serve appropriate parents.appropriate parents.

HAP CostHAP Cost

Client:Staff Ratio between 25:1 and 32:1.Client:Staff Ratio between 25:1 and 32:1. Agencies bill between 20 and 80 hours per Agencies bill between 20 and 80 hours per

client on average, 40 hours is ideal.client on average, 40 hours is ideal. Agencies paid between $20 and $28 per Agencies paid between $20 and $28 per

hour.hour. Cost should be about $1,000 per client.Cost should be about $1,000 per client.

Cash Assistance (CAP)Cash Assistance (CAP)

Housing costs, such as security depositHousing costs, such as security deposit UtilitiesUtilities FoodFood ClothingClothing Necessary FurnitureNecessary Furniture TransportationTransportation

CAP EligibilityCAP Eligibility

An item is needed to keep the child from An item is needed to keep the child from being placed in, or to return a child home being placed in, or to return a child home from, DCFS custody that the family cannot from, DCFS custody that the family cannot afford to purchase themselves.afford to purchase themselves.

CAP CostCAP Cost

Price of the item purchased (typically Price of the item purchased (typically $1,000 per client)$1,000 per client)

5% administration fee to the agency 5% administration fee to the agency processing the cash assistance requestsprocessing the cash assistance requests

Norman EffectivenessNorman Effectiveness

The effectiveness of Norman Services is The effectiveness of Norman Services is best demonstrated by the Chicago FUP.best demonstrated by the Chicago FUP.

98% obtained housing.98% obtained housing. Less than 5% return their voucher each Less than 5% return their voucher each

year.year.

Housing Subsidy NeededHousing Subsidy Needed

One year monthly rental subsidy for One year monthly rental subsidy for reunification casesreunification cases

Subsidy equal to approximately 1/3 - 1/4 Subsidy equal to approximately 1/3 - 1/4 of the FMR for clients paying more than of the FMR for clients paying more than 30% of their income on rent30% of their income on rent

5% administration cost5% administration cost

Funding for Housing ServicesFunding for Housing Services

Unused TANF fundsUnused TANF funds IV-E WaiverIV-E Waiver Super NOFASuper NOFA Chafee FundsChafee Funds User fee added to the cost of recording User fee added to the cost of recording

mortgage documentsmortgage documents

Questions?Questions?