23.2 Case Study Examples of APPLAs
The following case studies are examples of appropriate APPLAs:
Example 1: A 14-year old child, Angela, is in a residential treatment facility. She spends some weekends and holidays with a family friend, Mrs. S, who she has known for years. Mrs. S is unwilling to adopt Angela because she is concerned that the adoption subsidy would not adequately address Angela’s significant mental health needs. Mrs. S is open to the idea of adopting Angela after she turns 18, and possibly being the representative payee for Angela’s SSI benefits. In addition to addressing the mental health needs, Angela’s permanency plan would include a structure of regular visitation with Mrs. S, and would include Mrs. S in Angela’s treatment and therapy as appropriate.
Example 2: A 16-year old boy, Robert, lives in a supervised apartment and is receiving Chafee Independent Living Services. He stays with his aunt and uncle every other weekend. They are unwilling to allow him to live there full-time because they have three children under age 9. Robert has also had problems with drugs in the past, and they are concerned he may be a negative influence on their young children. They do help him with school issues, and are in the process of helping him fill out applications for college. Robert’s permanency plan would not only include the Chafee Independent Living Services he needs, but would also address issues between him and his aunt and uncle so that those relationships are strengthened and nurtured.
Example 3: Termination of parental rights will not be pursued for an 8-year old Native American child. This is because the Division does not believe it can prove continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child. Consistent with tribal custom, the tribe has placed the child with a tribal member who will care for the child on a permanent basis.
Example 4: A sibling group, ages 6, 9, and 14, have been in foster care with Mr. and Mrs. J for three years. They visit regularly with their biological mother. The Division is not pursuing termination of parental rights. The children are bonded with Mr. and Mrs. J who have committed to care for the children on a permanent basis. This APPLA could be approved through a Planned Permanency Agreement.
The following do not qualify as an APPLA:
Extended Out-of-Home Care or Long-Term Foster Care. The ASFA statute explicitly prohibits long-term foster care as a permanency option. This is not considered a permanent living situation for a child. Long-term foster care is not stable and may disrupt, often leading to frequent moves for the child and instability.
Emancipation - Emancipation occurs when the court of jurisdiction declares a youth, who may or may not have reached the age of majority, to be independent and releases the youth from custody. It is not a permanency goal because it lacks certain permanency features contemplated by ASFA. Emancipation implies a discharge from foster care simply by virtue of one’s age without the necessary support system to provide sustained stability for the youth.
Independent Living - Independent Living is a set of services provided to a youth, not a permanency goal. A youth’s APPLA may include independent living classes and other services as part of their permanency plan. An APPLA implies not just simply making a youth “independent”, but implies a broader plan that includes a support system the youth can continue to access while in care as well as once they are no longer in custody.
Information regarding the above material about Another Planned Permanent Living Arrangement is credited to Making It Permanent: Reasonable Efforts to Finalize Permanency Plans for Foster Children by Cecilia Fiermonte and Jennifer L. Renne; copyright 2002 © American Bar Association. Reproduced by permission. All rights reserved.