Legal Issues Related to the Federal Independent Living Initiative

by Mark Hardin

"A Project of the ABA Young Lawyers Division." Accompanied by an update (14, [4] p.) dated Apr. 17, 1987.

This monograph discusses legal and administrative issues States must address in implementing the Federal Independent Living Initiative (ILI), which is designed to prepare foster children aged 16 and over for independent living after leaving foster care.

The Federal ILI, enacted on October 1, 1986, as part of Public Law 99-272, amends Title IV-E of the Social Security Act. It provides additional funding for ILI programs to be implemented by States. A wide range of programs are permitted under ILI, including job training, peer counseling, life skills training, and subsidized work experience. The new law also requires changes in case plans and case reviews for all children in State-supervised foster care who are 16 years old or older. Guidance for effectively using ILI funds covers avoidance of the use of ILI funds where other Federal matching funds are available, expansion of the population of juveniles eligible for ILI, identification of services needed by adolescent foster children, and the expansion of Federal funding. After detaining eligibility criteria for participation in ILI, the monograph provides four case examples to illustrate eligibility. Legislative issues discussed are authorization for the establishment of ILI arrangements, the expansion of aftercare eligibility and services, insurance for ILI arrangements, and the amendment of review legislation to prepare the child for independent living. Appendixes contain sample State laws, regulations, and policies. 64 footnotes.

107 pages, Paperback

First published April 17, 1987

About the author

Mark Hardin, JD, is director of the National Child Welfare Resource Center on Legal and Judicial Issues, American Bar Association Center on Children and the Law, Washington D.C.