Need some quick tips!!

[klmno]

Ok, this is somewhat of an update but I need some quick tips on a few things, pleeeeaaaasee-

Oddly enough, a cw from DSS called me first thing this morning and was very helpful. (Boy were you right, Janet!) She heard the situation and noticed that I'd put an application on for difficult child to get on medicaid in December and they had past their time limit for turning this around. Anyway, I needed to get some stuff to her this afternoon, which I did, but she thinks she might have difficult child approved for medicaid before Monday.

This is wonderful because I had "an attny" tell me that if I could go into court and say that I could get difficult child in Residential Treatment Center (RTC) without county funding, it would make it much easier for judge to approve. I'm going to tour the Residential Treatment Center (RTC) I'm most interested in tomorrow- and I'm taking a completed application with me.

So- first question- any tips I need to know about making sure that medicaid will cover Residential Treatment Center (RTC) costs? difficult child has an attending psychiatrist now (who leads his treatment team) who is recommending a pych Residential Treatment Center (RTC). What else is needed?

Second issue: the lady at Residential Treatment Center (RTC) said it will be a problem getting sd to pay for educational component, and I need to get that straightened out before they will accept difficult child. Now, sd's position has been that they don't want to pay for anything because he's given them NO problem this school year and his issues of not being there are a mental health issue, not a school issue. Last week, I got an email from his cm stating that she didn't know if she could send his school work to where he is now because he is withdrawn. I emailed back and clarified that he is not withdrawn- he's on a temporary placement. Now, his iep does not currently state that he's placed anywhere else, but he is and this school is still considered his home school.

I noticed on the iep page where it discusses placement that it lists Residential Treatment Center (RTC), hospital, and correctional educational, among other things. Now, we all know that this means he must get his education at that place even if it was not the sd/iep team that recommended that he go to that place. But, I have a sd that will try to convince me that because they don't feel the need for him to be there for educational purposes that they aren't required to address it.

I can argue that they are still required to educate him and there is no other way for them to educate him but that alone will probably not do it. Does anyone have any pointers? Please note- I can't afford the thousands of dollars for due process.

I know their argument is bogus- they provide homebound for teen girls who are in late stages of pregnancy, they accept school records from kids in detention, you know they'd have to provide school work, a teacher, and any equipment (computer) necessary for a kid in the hospital, etc.

Any other suggestions? I would LOVE for difficult child to be able to go to this Residential Treatment Center (RTC) next week- and they have openings. Now, if I visit tomorrow and see a kid being abused, I'll change my mind and look at another one, but short of that, I'm ready to move him in. (If judge will allow it instead of detention.)

 

[C.J.]

Questions: Will he remain under your legal custody? Does Residential Treatment Center (RTC) have teacher(s) on staff to coordinate info between your school district and them?

My reason for asking: When N* was in juvenile detention awaiting trial, her SD coordinated with the staff teacher to send homework back and forth. I picked up books and delivered, but the rest they handled by fax/e-mail. N* was on and IEP at that time, and it had to be amended because the staff at JDC could not accommodate all of her issues on the school district's IEP because of security, etc.

When N* was removed from my custody while sentenced to Residential Treatment Center (RTC), the IEP went with her, but she then fell under the school district where the Residential Treatment Center (RTC) was physically located. They accepted the credits for the work she'd done up to that time, and issued final grades (it was end of semester before she was released from Residential Treatment Center (RTC)). I went out for another IEP, met the on site teachers at the school there. The on site school did work with our home school district because they knew she'd return there eventually.

Like you said, you're aware the SD can work with kids who have extenuating circumstances.

If you catch a lot of flack from the SD, contact your state representative/senator. Someone from one of their offices works in state education.

Good luck.

 

[klmno]

Do you mean would I still be his guardian with parental rights- yes. This arrangement is not by me placing him into DSS and DSS placing him. Now, as far as if judge orders him there, then he falls under Department of Juvenile Justice custody, just like a kid in detention. So, they control where he's placed, but I'm still his mom.

The Residential Treatment Center (RTC) is in our state, has a school (with their on staff) on campus and is accredited by our state doe. But, they have to be paid by the home sd of the difficult child- unless the parents are wealthy enough to pay or unless the county team pays for it. I'm trying to avoid a way for the county team to pay for it- unless the sd goes and has to get their help but then it's not going thru me.

 

[bran155]

When my daughter was in her first Residential Treatment Center (RTC) it was only through the SD, so they paid for it entirely. The second and third ones were through the court system so the SD paid only for the actual academic piece and the state paid for the rest. But the state sued me for child support, $4,000, which I owe to this day! They actually suspended my license because I am in arrears!!!

 

[bran155]

And yes, I was her legal guardian at all times. But technically she was in the system as a foster kid. It is all just so confusing.

 

[klmno]

Bran, was she on medicaid and was there a psychiatrist stating a need for Residential Treatment Center (RTC)?

 

[C.J.]

Of course the two different school districts must become warring factions when it comes to money. SD#1 has been paid by the state at the beginning of the school year for your student, set budgets, etc. SD#2 did not have your student on their rolls at the beginning of the school year, and will be edcuating him, and want some money for their efforts. One would think things even themselves out throughout the school year, people transfer in and out every month.

If they cannot work this out between the two districts (this cannot be new to them), contact your state rep/senator or someone from the state board of edcuation.

They cannot want too much attention from the BOE or hear from a state senator's office.

 

[klmno]

It's considered a temporary placement, CJ, with his current school remaining his home school. It is not a transfer from one sd to another.

 

[DammitJanet]

K...it may not be so temporary considering it is almost March and the end of the year is coming fast. It could be that the new school is his home school next year. Residential Treatment Center (RTC) stay of over 12 months is not unheard of.

Medicaid should get their tails in gear because that time limit is pretty much up. I think I was wrong on the 45 days...it is 60 for medicaid...and they are pushing it. They can get into really big trouble with the feds if they dont meet timelines.

 

[JJJ]

Klmno,

I don't mean to rain on your parade but I don't think medicaid pays for Residential Treatment Center (RTC). My kids are all on Medicaid and they do not cover Residential Treatment Center (RTC) here. I had to get a special grant to pay for Kanga's Residential Treatment Center (RTC) stay. The good side is we have never had a problem with getting a psychiatric hospital stay paid for completely -- including Kanga's 51 day inpatient + 30 day partial placement last year.

 

[Janna]

I don't know about Medicaid. Are you talking about like, state/welfare insurance? D is on state insurance with the welfare department through SSI Disability. I dunno if I'm allowed to put the name here, but anyway - it's the same as what they give welfare recipients. Isn't Medicaid for retired/old people?

Anyway - maybe I'm confused. Regardless~

To get D into Residential Treatment Facility (RTF) (I'm going through it again right now), we have steps to follow. The Residential Treatment Facility (RTF) sent a packet to the partial where D attends now, PLUS there is paperwork with the insurance company. I actually have a meeting tomorrow with my MH/MR caseworker (Mental Health/Mental Retardation) and the insurance company for approval.

In order to go to Residential Treatment Facility (RTF) here, YES, the school must approve also. In fact, my CW HAD to invite the woman in Special Education handling D's case to the insurance meeting. Whether or not she shows, or just calls in, but she must be in attendance.

And, we had to have a psychiatric recommendation. They wouldn't accept psychological.

And, no, I pay zero.

 

[klmno]

I'm not sure- I'm getting mixed messages about the medicaid. I thought it was federal funding, but apparently the state has some say so. Anyway, it appears that here, if it's a psychiatric Residential Treatment Center (RTC) and it gets pre-approved by submitting a letter of need from attending psychiatrist and other stuff, that medicaid pays. I can confirm that tomorrow.

I realize that the sd has to be involved and pay for the educational component. I just don't know what I'm supposed to do if they are refusing to agree to pay. I thought I saw someone post a similar question a couple of months ago.

The lady from DSS told me today that they had past their deadline and she really did appear to be rushing around to push something through- she called me 4 times before 12:30. LOL!

This Residential Treatment Center (RTC) has an average stay of 6 mos. I realize it's shorter than most and hopefully, not a mistake to go for a shorter one. But, the kids do have to work their way out, it isn't a set time and could take longer if the difficult child doesn't go thru it smoothly. I am hoping that difficult child will get the point by then and yes, I'm soft on the fact that he's only 14 and this will be his first out of home placement- except for his 3-4 weeks in juvy last year. Now, they sometimes (maybe usually??) leave this Residential Treatment Center (RTC) and go to a group home or home with in-home services. Also, I am concerned about his diagnosis. The psychiatrist where he is now questions it and has said he thinks it might be unipolar depression. This Residential Treatment Center (RTC) has kids see psychiatrist more often than most. I want to know if my kid is unipolar or bipolar.

I don't really care if they call it a school transfer or not- just as long as some sd pays for his education. But from what I'm being told by this Residential Treatment Center (RTC), these kids are considered based at their home sd and their home sd has to pay for it. I wonder if some of this works differently when it's a psychiatric Residential Treatment Center (RTC).

 

[slsh]

klmno - medical need trumps SD's bologna. That's like saying a kid with cancer cannot be educated in the hospital because they're not having any problems with him at school. I'd double check in the sped forum but I think that's a pretty clearcut civil rights violation. The home SD is reponsible for the education of your child - if a *medical* decision for placement is made, I really honestly don't think they can do a doggone thing about it besides pay. He already has an IEP, correct?

It's not like Residential Treatment Center (RTC) placement occurs on a parent's whim. Sheesh - some SD's just frost my cookies.

 

[slsh]

I found it KLMNO - http://www.doe.virginia.gov/special_ed/parents/parents_guide.pdf If SD raises a ruckus, call the state board of ed and tell them you've got a kid being placed in Residential Treatment Center (RTC) for medical/psychiatric reason and SD is refusing to pay.

B. Each local school division shall ensure that all children with disabilities, aged two to 21, inclusive,
residing in that school division have a right to a free appropriate public education, including:​

COV § 22.1-214; 34 CFR §§300.2; 300.121; 300.132; 300.312

10. Children with disabilities who are placed for noneducational reasons and are not physically present in
the school division, but whose parent or parents continue to reside in the local school division in​

accordance with § 22.1-3 of the Code of Virginia.

(2) If placed for noneducational reasons in a group home by a community services board, a court
service unit, or a court of competent jurisdiction, the child is a resident of the division where the​

parent or parents reside, unless the child is in a state-operated program;

 

[klmno]

That's what I think,- it's a step down from an acute psychiatric hospital stay when a psychiatrist says he needs psychiatric Residential Treatment Center (RTC). Yes, difficult child is already on an iep and he was admitted to acute psychiatric hospital 3 times in 6 1/2 weeks. He was asking for help between the 2nd and 3rd and I was doing everything in my power to get him more. Less than a week before the last incident, they decided they would give an in-home therapist and it would start 3 weeks later- that was all. Now, those same people are pushing for difficult child to go to state juvy. The sd had already decided "they couldn't do anything because it is a mental health issue". Ok, if it's a mental health issue, why is the rest of the county trying to get him into juvy? And as far as the sd, I don;t care if it's a mental health issue or not, they are responsible for educating difficult child no matter what his issue is.

 

[slsh]

LOL - I had you in the wrong state - see my post above here for the VA board of ed policy that applies.

Actually, it looks like VA actually enforces their Special Education laws for kids in adult jail as well, with the only caveat being that changes can be made to IEP by team based on security issues.

It's VA state law that parents are allowed to audiotape IEP meetings as long as district gets prior written notice! Boy, that's really a nice little perq in there!

 

[klmno]

That should do it !! Thank you so much!! I'll print that section out and take it with the section of state reegs regarding assessing all areas of his disability that they are also trying to dodge. Bless you!!