Extending Foster Care Beyond 18

7/28/2017

five older teens sitting togetherApproximately 26,000 youth who “age out” of foster care at age 18 each year face significant challenges in meeting their needs for health care, education, employment, housing and emotional support. Although all states provide independent living services to ease this critical transition, an increasing number of states allow youth to remain in, or return to, foster care after they reach age 18.

A study by the Chapin Hall Center for Children found that 19-year-old youth in Illinois who chose to remain in foster care experienced better results than did 19-year-old former foster youth in Iowa and Wisconsin, who were required to leave care at age 18. The Illinois youth received more independent living services, progressed further in their education, had more access to health and mental health services, and experienced less economic hardship and involvement in the criminal justice system than did those who left care.

Fostering Connections to Success and Increasing Adoptions Act of 2008

The Fostering Connections to Success and Increasing Adoptions Act of 2008 (H.R. 6893/P.L. 110-351) was signed on Oct. 7, 2008. One important optional provision of the law allows states to receive federal Title IV-E reimbursement for costs associated with supports for young people to remain in foster care up to age 21.

The Fostering Connections Act provides states with the option to continue providing Title IV-E reimbursable foster care, adoption, or guardianship assistance payments to children up to the age of 19, 20 or 21 if the youth is:

  • completing secondary education or a program leading to an equivalent credential;
  • enrolled in an institution which provides post-secondary or vocational education;
  • participating in a program or activity designed to promote, or remove barriers to, employment;
  • employed for at least 80 hours per month; or
  • incapable of doing any [of the above] due to a medical condition.

To view a summary of the Fostering Connections Act, click here.

Approximately 25 states and the District of Columbia extended foster care beyond age 18 under Title IV-E of the Social Security Act, as enacted in the Fostering Connections to Success and Increasing Adoptions Act of 2008.

50-state map showing states with Title IV-E

It should be noted that while 25 states currently extend foster care through the Fostering Connections Act, a majority of states do allow for state-funded extended foster care, or extended services to youth beyond the age of 18, such as transitional living services, housing and educational assistance.

Below are all statutory, administrative code or agency policies on extended foster care and extended services beyond age 18.

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

Extending Foster Care and Other Services Beyond 18

STATE

STATUTORY/ADMINISTRATIVE CODE/AGENCY POLICY PROVISION

Alabama

Admin. Code r. 660-5-48-.05

(1) Discharge from the system of care occurs at the point in time when youth are no longer in DHR care, custody/planning responsibility, or supervision, and it also encompasses situations where youth age out of the system of care.

(a) Aging out of the system of care occurs on a youth's nineteenth (19th) or twenty first (21st) birthday.

1. All youth, without exception, age out of the System of Care on their twenty first (21st) birthday.

(b) Discharge planning shall begin no later than twelve (12) months prior to the anticipated date that youth will be discharged from the system of care.

(c) All youth shall receive post foster care supervision services for a minimum of six (6) months after the date they move into their anticipated permanent living arrangement.

1. Post foster care supervision services shall be terminated when discharge from the system of care is appropriate; youth are transitioned to DHR's Adult Protective Services program; or youth have reached age twenty-one (21).

Alaska

 

 

Alaska Stat. § 47.10.080

For a child in the custody of the Department of Health and Social Services, the court may order:

One-year extensions of commitment that do not extend beyond the child's 19th birthday if the extension is in the best interests of the child

Additional 1-year extensions of commitment past age 19 that do not extend beyond the person's 21st birthday if the continued State custody is in the best interests of the person and the person consents to it

 

In addition to extensions of State custody, a court may grant in a hearing a resumption of State custody that does not extend beyond a person's 21st birthday if the person:

  • Consents to it
  • Was placed in out-of-home care by the department immediately before being released from State custody and the person was:
    • At least age 18 and released to the person's own custody
    • At least age 16 and released to the person's own custody after the disabilities of minority were removed under § 09.55.590 or released to the custody of a parent or guardian because the person refused out-of-home care
  • Is in need of out-of-home care:
    • To avoid personal harm
    • Because of the person's severe emotional disturbance, mental disability, physical disability, homelessness, or a combination of those conditions
    • Because the person is completing an educational or vocational program
    • To otherwise improve the person's successful transition to independent living

Arizona

Ariz. Admin. Code § R21-5-202

B. The Department shall provide Independent Living Services to eligible foster youth based on needs identified by the eligible foster youth, by service team recommendations, or the findings of a life skills assessment. The services shall address needs identified in the eligible foster youth's individual case plan and may include one or more of the following, depending on the individual case plan goals:

1. Information and assistance to create and maintain a network of natural supports;

2. Independent living skills training;

3. Program incentives;

4. Information and assistance in life care and health care planning, including enrollment in a health plan;

5. Educational, career, and vocational planning;

6. Financial assistance for post-secondary education and training;

7. Out-of-home care for foster youth 18 through 20 years of age; or

8. Aftercare services through the Transitional Independent Living Program.

 

Ariz. Admin. Code § R21-5-205

C. The individual case plan shall outline the services and supports to be provided under R21-5-202(B) and include at least one of the following activities:

1. Completion of secondary education or a program leading to an equivalent credential;

2. Enrollment in an institution that provides post-secondary education or vocational education;

3. Participation in a program or activity designed to promote or remove barriers to employment; or

4. Employment of at least 80 hours per month.

Arkansas

 

Ark. Admin. Code § 016.15.3-18

Youth may choose to remain in foster care past the age of 18 as determined appropriate by the youth and his/her Transitional Team and if:

  • The child is completing secondary education or a program leading to an equivalent credential; or,
  • The child is enrolled in an institution which provides post-secondary or vocational education; or,
  • The child is participating in a program or activity designed to promote, or remove barriers to, employment; or,
  • The child is employed for at least 80 hours per month; or,
  • The child is incapable of doing any of the above described activities due to a medical condition.

 

Admin. Code 016.15.4-VIII-B

Even after reaching the legal age of majority (i.e., 18 years of age), all youth need additional support and access to an array of resources as they continue their transition into adulthood. As such, youth ages 18 through 21 may choose to participate in extended foster care for education, treatment, work, or other programs and services as determined appropriate by their Transitional Team in order to help them achieve a successful transition into adulthood.

In order to be eligible for extended foster care, youth must meet one of the following criteria:

A. The youth is completing secondary education or a program leading to an equivalent credential; or,

B. The youth is enrolled in an institution which provides post-secondary or vocational education; or,

C. The youth is participating in a program or activity designed to promote, or remove barriers to, employment; or,

D. The youth is employed for at least 80 hours per month; or,

E. The youth is incapable of doing any of the above described activities due to a medical condition.

If a youth was in foster care on or after his 16th birthday and was adopted or a guardianship was put into place on behalf of the youth before his or her 18th birthday, he or she will be eligible for Transitional Youth Services until his or her 21st birthday.

Board payments for IV-E eligible youth will be made through title IV-E funds. Board payments for youth who are not IV-E eligible will be paid using State General Revenue funds.

A copy of the youth's entire record will be made available to him or her at no cost at the final Transitional Team meeting which will occur within 90 days of youth's planned exit from care.

California

 

 

Cal. Welf. & Inst. Code § 11403

(a) It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for current or former dependent children or wards of the juvenile court who meet the conditions of subdivision (b), consistent with their transitional living case plan. Effective January 1, 2012, these nonminor dependents shall be eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, consistent with their transitional independent living case plan. It is the intent of the Legislature both at the time of initial determination of the nonminor dependent's eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribe and the nonminor dependent shall work together to ensure the nonminor dependent's ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.

(b) A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall continue to receive aid so long as the nonminor has signed a mutual agreement as set forth in subdivision (d), and is otherwise eligible for AFDC-FC payments pursuant to Section 11401 or CalWORKs payments pursuant to Section 11253 or aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a nonminor former dependent child of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 shall be eligible to continue to receive aid up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision shall apply when one or more of the following conditions exist:

(1) The nonminor is completing secondary education or a program leading to an equivalent credential.

(2) The nonminor is enrolled in an institution which provides postsecondary or vocational education.

(3) The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.

(4) The nonminor is employed for at least 80 hours per month.

(5) The nonminor is incapable of doing any of the activities described in subparagraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor.

Colorado

 

 

Colo. Rev. Stat. Ann. § 19-3-205

(1) Except as otherwise provided in this article, the jurisdiction of the court over any child adjudicated as neglected or dependent shall continue until he becomes twenty-one years of age unless earlier terminated by court order.

(2)(a) Commencing January 1, 2012, the court shall consider the individual circumstances of each youth in out-of-home placement who is at least seventeen years of age but who has not yet reached eighteen years of age to determine if the youth is ready to become independent upon reaching eighteen years of age or whether the youth should remain under the care and supervision of the county until the youth reaches twenty-one years of age unless earlier terminated by court order. The court shall determine if the youth is engaged in one of the following activities:

(I) Completing secondary education or is enrolled in a program leading to an equivalent credential;

(II) Enrolled in an institution that provides postsecondary or vocational education;

(III) Participating in a program or activity designed to promote or remove barriers to employment; or

(IV) Employed for at least eighty hours per month.

(b) If a youth's medical condition makes him or her incapable of engaging in any of the activities described in subparagraphs (I) to (IV) of paragraph (a) of this subsection (2), the applicable county department shall maintain information about the youth's condition in the youth's case plan.

Connecticut

Conn. Gen. Stat. § 17a-11

(j) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49, inclusive, any person already under the care and supervision of the Commissioner of Children and Families who has passed such person's eighteenth birthday but has not yet reached such person's twenty-first birthday may be permitted to remain voluntarily under the supervision of the commissioner, provided the commissioner, in the commissioner's discretion, determines that such person would benefit from further care and support from the Department of Children and Families. Any person remaining voluntarily under the supervision of the commissioner pursuant to this subsection shall be entitled to a written plan for care and treatment, and review of such plan, in accordance with section 17a-15.

See Appendix II for Memo: http://scholarworks.umass.edu/cgi/viewcontent.cgi?article=1029&context=cppa_capstones

Delaware

 

 

Del. Code tit. 10, § 929: extended court jurisdiction

(c) The purpose of extended jurisdiction is to enable youth who are provided developmentally appropriate, comprehensive independent living services from age 14 to 21 to assist with their successful transition into adulthood under the John H. Chafee Independence Act (P.L. 106-169) or the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351), and other relevant services, to have a legal mechanism for Family Court review of the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age. Notwithstanding extended jurisdiction, the youth shall attain the age of majority at age 18, and DSCYF custody shall terminate at that time by operation of law.

 

Del. Code tit. 29, § 9015

(f) The Department is authorized to provide funding for youth who have attained the age of 18 but are less than 21 years of age, by payment of foster care supports specifically related to housing, by direct youth stipends and/or to other public or private agencies to provide independent living services to youth. The Department shall establish policies for eligibility for direct youth stipends that shall require youth accountability, financial literacy, and attainment of self-sufficiency benchmarks. Funds appropriated for the purpose of supporting youth who are eligible for independent living services shall be used to support those youth.

District of Columbia

 

 

D.C. Code § 4-1303.03

Voluntary Foster Care Registry – allows services to continue beyond 18

 (17) To establish and maintain the Voluntary Foster Care Registry, established pursuant to § 4-1303.08 as a post-care service, for individuals 18 years or older who were or currently are respondents in a child abuse or neglect case under Chapter 23 of Title 16 and for their immediate birth family members, as defined in § 4-1303.08(g);

Code of Regs. § 29-6399

An 'Independent Living program' is a residential program for persons who:

• Are age 16 to 21

• Have sufficient maturity to live without regular and continuous supervision and monitoring

• Reside in apartments

• Are provided with monitoring and services that reflect and support the person's ability to reside in the community without

regular and continuous supervision and monitoring

Florida

 

 

Fla. Stat. § 39.6251

(1) As used in this section, the term “child” means an individual who has not attained 21 years of age, and the term “young adult” means an individual who has attained 18 years of age but who has not attained 21 years of age.

(2) The primary goal for a child in care is permanency. A child who is living in licensed care on his or her 18th birthday and who has not achieved permanency under s. 39.621 is eligible to remain in licensed care under the jurisdiction of the court and in the care of the department. A child is eligible to remain in licensed care if he or she is:

(a) Completing secondary education or a program leading to an equivalent credential;

(b) Enrolled in an institution that provides postsecondary or vocational education;

(c) Participating in a program or activity designed to promote or eliminate barriers to employment;

(d) Employed for at least 80 hours per month; or

(e) Unable to participate in programs or activities listed in paragraphs (a)-(d) full time due to a physical, intellectual, emotional, or psychiatric condition that limits participation. Any such barrier to participation must be supported by documentation in the child's case file or school or medical records of a physical, intellectual, or psychiatric condition that impairs the child's ability to perform one or more life activities.

Georgia

DCFS Child Welfare Man. Pol. 13.1

Youth ages 18–21 that consent to continue to receive foster care assistance through age 21, in the Extended Youth Support Services

(EYSS) program may remain eligible to receive Independent Living Program (ILP) services. When a youth reaches the age of 18 he or

she may elect to remain in a foster care setting without interruption and continue to receive Independent Living services if eligibility

criteria previously were met. Those youth between the ages of 18–21 who have elected to exit foster care may request to return and

participate in the EYSS program within 6 months of his or her exit from care. Any requests beyond the 6-month period for EYSS are

subject to approval from the Division of Family and Children Services (DFCS).

Hawaii

Hawaii Rev. Stat. § 346-391 et.seq.

A young adult may continue to receive services under this part if the young adult meets the following criteria:

(1) The young adult was:

(A) Under the permanent custody, foster custody, voluntary foster custody, or court-ordered temporary foster custody of the department at the time the young adult attained the age of eighteen;

(B) A child who was placed in guardianship after attaining the age of sixteen and the legal guardians are no longer willing to provide emotional and financial support; or

(C) A child who was adopted after attaining the age of sixteen and the adoptive parents are no longer willing to provide emotional and financial support;

(2) The young adult voluntarily consents to participate in the young adult voluntary foster care program and meets the program requirements;

(3) The court finds that exercising jurisdiction under this part is in the young adult's best interest; and

(4) The young adult is:

(A) Completing secondary education or a program leading to an equivalent credential;

(B) Enrolled in an institution that provides post-secondary or vocational education;

(C) Participating in a program or activity designed to promote or remove barriers to employment;

(D) Employed for at least eighty hours per month; or

(E) Incapable of doing any of the activities described in subparagraphs (A) to (D) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the young adult.

Idaho

Idaho Admin. Code § 16.06.02.442

05. Continued Care. A foster child who reaches the age of eighteen (18) years may continue in foster care placement until the age of twenty-one (21) years if the safety, health and well-being of other foster children residing in the home is not jeopardized. Not more than two (2) such individuals receiving continued care may reside in the foster home at the same time. (3-30-01)

 

Idaho Admin. Code § 16.06.02.530

Continued care is permitted as defined and authorized in the Idaho Child Care Licensing Reform Act Sections 39-1202 and 39-1213, Idaho Code, and Section 531 of these rules for individuals eighteen (18) to twenty-one (21) years of age. (7-1-09)

01. Department or Department of Juvenile Corrections (DJC) Placed Individuals. Continued care is permitted for individuals receiving services by, through, or with the authorization of the Department or the Department of Juvenile Corrections (DJC) prior to their eighteenth birthday. (7-1-09)

02. Individuals Not Placed by Department or DJC. Individuals who are in the care of a licensed child care program prior to turning eighteen (18) years of age may remain in the program for up to ninety (90) days after their eighteenth birthday, or, until the close of the current school year for individuals attending school. (7-1-09)

Illinois

 

 

Ill. Rev. Stat. ch. 20, § 505/5

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.

 

Ill. Rev. Stat. ch. 705, §§ 405/2-31;

(1) All proceedings under this Act in respect of any minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminate upon his attaining the age of 19 years, except that a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence presented to the court and the court makes written factual findings that the health, safety, and best interest of the minor and the public require the continuation of the wardship.

Indiana

 

 

Ind. Code § 31-28-5.8-1 et.seq. Collaborative Care

Sec. 4. As used in this chapter, “older youth” means an individual who is at least eighteen (18) years of age but less than twenty (20) years of age.

Sec. 5. (a) An older youth who received foster care under a court order on the day the individual attains eighteen (18) years of age is eligible to receive collaborative care services under applicable rules of the department at any time until the individual becomes twenty (20) years of age.

(b) An older youth may request the department to petition a juvenile court for approval of a collaborative care agreement under this chapter.

(c) A court may grant a petition described in subsection (b) if the court finds, consistent with applicable rules of the department, that the older youth is:

(1) employed;

(2) attending school or a vocational or educational certification or degree program;

(3) participating in a program or activity designed to promote, or remove barriers to, employment; or

(4) incapable of performing any of the activities in subdivisions (1) through (3) due to a medical condition documented by regularly updated information in the older youth's current case plan.

(d) A child who:

(1) is at least seventeen (17) years and six (6) months of age;

(2) is receiving foster care under a court order; and

(3) expects to be eligible for collaborative care under this chapter when the child becomes an older youth;

may request the department to start the process of planning for collaborative care under this chapter.

 

Admin. Code Tit. 465, §§ 2-15.1-1 et.seq. Collaborative Care

Sec. 11. (a) An older youth is eligible for assistance with the costs of an approved placement or housing arrangement and older youth services, if the older youth on a continuing basis is as follows:

(1) A bona fide resident of Indiana.

(2) The older youth:

(A) is employed for at least eighty (80) hours per month;

(B) is attending secondary school, post-secondary school, or a vocational or educational certification or degree program;

(C) is participating in a program or activity designed to either promote employment or remove barriers to employment; or

(D) is incapable of performing any of the activities in clauses (A) through (C) due to a medical condition documented by regularly updated information in the older youth's current case plan.

(b) The department may file the petition specified in IC 31-28-5.8-5 when:

(1) the older youth has requested the department to seek court approval of a voluntary collaborative care agreement; and

(2) the department determines that the older youth is eligible for collaborative care under this rule.

Iowa

Iowa Stat. § 234.46

1. For the purposes of this section, “young adult” means a person who is described by all of the following conditions:

a. The person is a resident of this state.

b. The person is age eighteen, nineteen, or twenty.

c. At the time the person became age eighteen, the person received foster care services that were paid for by the state under section 234.35, services at a state training school, services at a juvenile shelter care home, or services at a juvenile detention home and the person is no longer receiving such services.

d. The person enters into and participates in an individual self-sufficiency plan that complements the person's own efforts for achieving self-sufficiency and the plan provides for one or more of the following:

(1) The person attends an accredited school full-time pursuing a course of study leading to a high school diploma.

(2) The person attends an instructional program leading to a high school equivalency diploma.

(3) The person is enrolled in or pursuing enrollment in a postsecondary education or training program or work training.

(4) The person is employed or seeking employment.

 

Iowa Stat. § 234.1

2. a. “Child” means either a person less than eighteen years of age or a person eighteen or nineteen years of age who meets any of the following conditions:

(1) Is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma.

(2) Is attending an instructional program leading to a high school equivalency diploma.

(3) Has been identified by the director of special education of the area education agency as a child requiring special education as defined in section 256B.2, subsection 1.

Kansas

Kan. Stat. § 38-2203

(c) The court acquires jurisdiction over a child by the filing of a petition pursuant to this code or upon issuance of an ex parte order pursuant to K.S.A. 38-2242, and amendments thereto. When the court acquires jurisdiction over a child in need of care, jurisdiction may continue until the child has: (1) Become 18 years of age, or until June 1 of the school year during which the child became 18 years of age if the child is still attending high school unless there is no court approved transition plan, in which event jurisdiction may continue until a transition plan is approved by the court or until the child reaches the age of 21; (2) been adopted; or (3) been discharged by the court. Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction will cease.

Kentucky

 

 

Ky. Rev. Stat. § 620.140

Eligible for transitional living support up to 21 on voluntary basis.

 

Louisiana

Extension of Chafee Foster Care Independence Program

Maine

 

 

Me. Rev. Stat. Ann. tit. 22, § 4037-A

1. Extended care requirements. A person who is 18, 19 or 20 years of age and who attained 18 years of age while in the care and custody of the State may continue to receive care and support if the person:

A. Is enrolled in secondary school or its equivalent or is enrolled in postsecondary or career and technical school;

B. Is participating in a program or activity that promotes employment or removes barriers to employment;

C. Is employed for at least 80 hours per month; or

D. Is found to be in special circumstances, including but not limited to being incapable of qualifying under paragraphs A to C due to a documented medical or behavioral health condition.

Maryland

Ready by 21: http://dhr.maryland.gov/foster-care/youth-resources/ready-by-21/

Enhanced Aftercare Services: http://dhr.maryland.gov/foster-care/youth-resources/independent-living/

 

Md. Code of Regs. § 07.02.11.04

B. A child in out-of-home placement is eligible to remain in out-of-home placement until the end of the month in which the child becomes 18 years old, except that a child 18 to 21 years old may remain in out-of-home placement up to the 21st birthday so long as the child is:

(1) Completing secondary education or a program leading to an equivalent credential;

(2) Enrolled in an institution that provides post-secondary or vocational education;

(3) Participating in a program or activity designed to promote or remove barriers to employment;

(4) Employed for at least 80 hours per month; or

(5) Incapable of doing any of the activities in B(1)-(4) of this regulation due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.

 

Md. Code of Regs. § 07.02.11.30

I. A child who is initially eligible for IV-E funding shall continue to be eligible as long as the child remains in out-of-home placement. The child becomes ineligible:

(1) At the end of the month in which the child becomes 18 years old, except that a child 18 to 21 years old who remains in out-of-home placement is eligible up to the 21st birthday so long as the child is:

(a) Completing secondary education or a program leading to an equivalent credential;

(b) Enrolled in an institution that provides post-secondary or vocational education;

(c) Participating in a program or activity designed to promote or remove barriers to employment;

(d) Employed for at least 80 hours per month; or

(e) Incapable of doing any of the activities in §§I.(1)(a)-(d) of this regulation due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child; or

(2) When the child comes into care as the result of a time limited or children with disabilities voluntary placement agreement and the local department fails to acquire court-ordered custody with a judicial finding of best interests of the child to remain in placement within 180 calendar days of placement rendering the child ineligible on the 181st calendar day.

Massachusetts

Mass. Code of Regs. tit. 110, § 7.303

(13) Extension of Guardianship Subsidy Over Age 18. For the purpose of 110 CMR 7.303(13), young adult shall mean a person between the ages of 18 and 23.

(a) State Funded: If requested by the guardian(s), the Department may extend a guardianship subsidy up to the age of 22 for a young adult who is enrolled in a school, vocational program or a college program.

(b) Federally Supported: If requested by the guardians, the Department may extend a federally supported guardianship subsidy to a young adult who reaches the age of 18 up to age 21 if one of the following criteria are met:

1. the young adult has a mental or physical handicap which warrants the continuation of assistance; or

2. the state has adopted the expanded definition of child pursuant to 42 USC 465(8)(B) and the guardianship subsidy was entered into after the child turned age 16, and the young adult will be:

a. completing a secondary school or the equivalent; or

b. enrolled in post-secondary or vocational school; or

c. participating in a program or activity that promotes or removes barriers to employment; or

d. employed 80 hours a month; or

e. incapable of any in 110 CMR 7.303(13)(b)2.a. through d. due to a documented medical condition.

 

Mass. Gen. Laws, Ch. 119, § 23

(f) The department shall offer to continue its responsibility to any young adult who is under the custody, care, or responsibility of the department including, but not limited to, those persons who meet any of the criteria set forth in 42 USC § 675(8)(B)(iv): (i) for the purposes of specific educational or rehabilitative programs, or (ii) to promote and support that person in fully developing and fulfilling that person's potential to be a participating citizen of the commonwealth under conditions agreed upon by both the department and that person. The department's continued responsibility for such persons is contingent upon the express written consent of the person or their guardian unless: (i) before reaching the age of 18, the person had an intellectual disability and was declared mentally incompetent under clause (3) of subsection (a) while under the responsibility of the department; or (ii) the person is under the responsibility of the department pursuant to section 5-305 of chapter 190B. The purposes and conditions of such responsibility may be reviewed and revised or terminated by either the person or the department; provided, however, that within 90 days before the termination of such responsibility, the department shall provide the person with assistance and support in developing a transition plan which fulfills the requirements of 42 USC § 675(5)(H). If after termination the person requests that the department renew its responsibility therefor, the department shall make every reasonable attempt to provide a program of support which is acceptable to the person and which permits the department to renew its responsibility; provided, however, that the department may require the person to meet 1 of the criteria set forth in 42 USC § 675(8)(B)(iv). If the department renews its responsibility, all other provisions of this subsection shall apply. The department shall report annually to the child advocate, the senate and house chairs of the joint committee on children, families and persons with disabilities and the chairs of the senate and house committees on ways and means on the number of persons it serves and declines to serve under this subsection.

Michigan

 

 

Mich. Comp. Laws § 400.645 et.seq.

Sec. 9. The department may provide extended foster care services if the youth meets 1 of the following conditions for eligibility:

(a) The youth is completing secondary education or a program leading to an equivalent credential.

(b) The youth is enrolled in an institution that provides postsecondary or vocational education.

(c) The youth is participating in a program or activity designed to promote employment or remove barriers to employment.

(d) The youth is employed for at least 80 hours per month.

(e) The youth is incapable of doing any part of the activities in subdivisions (a) to (d) due to a medical condition. This assertion of incapacity must be supported by regularly updated information in the youth's case plan.

Minnesota

 

 

Ann. Stat. § 260C.451

Subd. 3. Eligibility to continue in foster care. A child in foster care immediately prior to the child's 18th birthday may continue in foster care past age 18 unless:

(1) the child can safely return home;

(2) the child is in placement pursuant to the agency's duties under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to a developmental disability or related condition, and the child will be served as an adult under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or

(3) the child can be adopted or have permanent legal and physical custody transferred to a relative prior to the child's 18th birthday.

Subd. 3a. Eligibility criteria. The child must meet at least one of the following conditions to be considered eligible to continue in or return to foster care and remain there to age 21. The child must be:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution that provides postsecondary or vocational education;

(3) participating in a program or activity designed to promote or remove barriers to employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical condition.

Mississippi

Miss. Admin. Code §18-006-104, Part IX

Independent Living services are intended to provide youth and young adults in care with an array of services and resources to assist

and guide them in making a successful transition to living independently. The Independent Living Program assists adolescents in

acquiring basic life skills in their progress toward self-sufficiency. Youth who leave custody of the Division of Family and Children's

Services (DFCS) at age 18 through 21 are eligible for Independent Living services until age 21.

 

Mississippi Band of Choctaw Indian youth are eligible for Independent Living services based on the same criteria for DFCS youth in

care.

 

An Independent Living placement is a placement in an apartment house or rooming house with supervision from a licensed

placement agency. A youth who has attained age 18, meets the requirements listed below, and is in the custody of DFCS will be

considered for placement. A youth who has reached age 17, in addition to the above requirements, must obtain a high school

diploma, certificate of attendance, or general equivalency diploma (GED).

Missouri

 

 

Mo. Rev. Stat. § 211.036

1. If a youth under the age of twenty-one is released from the custody of the children's division and after such release it appears that it would be in such youth's best interest to have his or her custody returned to the children's division, the juvenile officer, the children's division or the youth may petition the court to return custody of such youth to the division until the youth is twenty-one years of age. The petition shall be filed in the court that previously exercised authority over the youth under section 211.031, in the court in the county where the youth resides, or in the court of an adjacent county. In deciding if it is in the best interests of the youth to be returned to the custody of the children's division under this section, the court shall consider the following factors:

(1) The circumstances of the youth;

(2) Whether the children's division has services or programs in place that will benefit the youth and assist the youth in transitioning to self-sufficiency; and

(3) Whether the youth has the commitment to fully cooperate with the children's division in developing and implementing a case plan.

 

The court shall not return a youth to the custody of the children's division who has been committed to the custody of another agency; who is under a legal guardianship; or who has pled guilty to or been found guilty of a felony criminal offense.

2. The youth shall cooperate with the case plan developed for the youth by the children's division in consultation with the youth.

3. For purposes of this section, a “youth” is any person eighteen years of age or older and under twenty-one years of age who was in the custody of the children's division in foster care at any time in the two-year period preceding the youth's eighteenth birthday.

4. The court may, upon motion of the children's division or the youth, terminate care and supervision before the youth's twenty-first birthday if the court finds the children's division does not have services available for the youth, the youth no longer needs services, or if the youth declines to cooperate with the case plan.

5. The youth, at the youth's discretion, may request to be appointed a guardian ad litem. If a guardian ad litem is appointed, he or she shall serve under section 210.160.

6. The court shall hold review hearings as necessary, but in no event less than once every six months for as long as the youth is in the custody of the children's division.

Montana

Mont. Code Ann. § 52-2-601

The legislature, in recognition of the wide and varied needs of youth in need of care, delinquent youth, and youth in need of intervention of this state and of the desirability of meeting these needs on a community level to the fullest extent possible, establishes by this part a system of substitute care to provide facilities and services for youth placed out of their homes and establishes a program to provide those facilities and services through local nonprofit corporations, counties, and the department of public health and human services.

 

Mont. Code Ann. § 52-2-602

(9) “Transitional living program” means a program with the goal of self-sufficiency in which supervision of the living arrangement is provided for a youth who is 16 years of age or older and under 21 years of age.

Nebraska

Neb. Rev. Stat. § 43-4501 et.seq.

For purposes of the Young Adult Bridge to Independence Act:

(1) Bridge to independence program means the extended services and support available to a young adult under the Young Adult Bridge to Independence Act other than extended guardianship assistance described in section 43-4511 and extended adoption assistance described in section 43-4512;

(2) Child means an individual who has not attained twenty-one years of age;

(3) Department means the Department of Health and Human Services;

(4) Supervised independent living setting means an independent supervised setting, consistent with 42 U.S.C. 672(c). Supervised independent living settings shall include, but not be limited to, single or shared apartments, houses, host homes, college dormitories, or other postsecondary educational or vocational housing;

(5) Voluntary services and support agreement means a voluntary placement agreement as defined in 42 U.S.C. 672(f) between the department and a young adult as his or her own guardian; and

(6) Young adult means an individual who has attained nineteen years of age but who has not attained twenty-one years of age.

 

The bridge to independence program is available, on a voluntary basis, to a young adult:

(1) Who has attained at least nineteen years of age;

(2) Who was adjudicated to be a juvenile described in subdivision (3)(a) of section 43-247 or the equivalent under tribal law and (a) upon attaining nineteen years of age, was in an out-of-home placement or had been discharged to independent living or (b) with respect to whom a kinship guardianship assistance agreement was in effect pursuant to 42 U.S.C. 673 if the young adult had attained sixteen years of age before the agreement became effective or with respect to whom a state-funded guardianship assistance agreement was in effect if the young adult had attained sixteen years of age before the agreement became effective; and

(3) Who is:

(a) Completing secondary education or an educational program leading to an equivalent credential;

(b) Enrolled in an institution which provides postsecondary or vocational education;

(c) Employed for at least eighty hours per month;

(d) Participating in a program or activity designed to promote employment or remove barriers to employment; or

(e) Incapable of doing any of the activities described in subdivisions (3)(a) through (d) of this section due to a medical condition, which incapacity is supported by regularly updated information in the case plan of the young adult.

Nevada

 

Nev. Rev. Stat. § 432B.591 et.seq.: continuation of jurisdiction of court over child who reaches 18 years of age while in custody of agency which provides child welfare services.

New Hampshire

N.H. Rev. Stat. § 170-E:25

I. “Child” means any person under 21 years of age.

X. “Independent living home” means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training.

 

N.H. Admin. Rules §He-C 6347.07

(a) The adolescent foster home provider shall ensure that the youth has the opportunity to make positive connections with family, friends and community members including a commitment to a long-term relationship and connection to the youth beyond the DCYF or DJJS closure of the youth's case or when the youth attains the age of 18 years or 21 years if extended jurisdiction pursuant to RSA 170-E:25 I.

New Jersey

N.J. Stat. § 30:4C-2.3

Notwithstanding any provision of law to the contrary, the Department of Children and Families shall provide services to individuals who are between 18 and 21 years of age and meet the following conditions:

a. The individual was receiving services from the department , on or after the individual's 16th birthday;

b. The individual, on or after the individual's 18th birthday, has not refused or requested that these services be terminated, as applicable; and

c. The commissioner determines that a continuation of services would be in the individual's best interest and would assist the individual to become an independent and productive adult.

New Mexico

N.M. Admin Code § 8.10.9.18

8.10.9.18 INDEPENDENT LIVING PLACEMENT STATUS (ILPS): Independent living placement status allows an eligible youth to become his or her own vendor to receive monthly maintenance payments. The maintenance payment allows the youth to live as a boarder with a foster parent or to live independently with limited PSD supervision regarding safety and appropriate use of funds.

A. A youth age 18 up to age 21 who has aged out of foster care at age 18 may be eligible for an independent living placement as determined by the YTS with supervisory approval.

B. With the approval of the regional manager and the youth services bureau chief, a youth age 17 in PSD custody may be eligible for ILPS, with the monthly maintenance payment provided with state general funds.

C. To assess whether ILPS is appropriate for a youth age 17, the PPW shall review the IL assessment and all other relevant information and determine whether:

(1) the youth has the basic skills necessary to safely live independently; and

(2) sufficient supports are available to the youth while living independently.

D. The PPW shall prepare a memorandum for decision to the regional manager and youth services bureau chief about whether ILPS is appropriate for a youth age 17, discussing the IL skills assessment and describing the housing the youth will secure.

E. Eligibility for ILPS is reassessed on a continuing basis and may be revoked at PSD's discretion.

F. Under no circumstance, may a youth in custody on runaway status simultaneously be on ILPS.

New York

N.Y. Fam. Court Act, § 756-a

(a) In any case in which the child has been placed pursuant to section seven hundred fifty-six, the child, the person with whom the child has been placed or the commissioner of social services may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown, but in no event shall such petition be filed after the original expiration date.

(f) Successive extensions of placement under this section may be granted, but no placement may be made or continued beyond the child's eighteenth birthday without his or her consent and in no event past his or her twenty-first birthday.

North Carolina

N.C. Gen.  Stat. § 108A-48

(a) The Department is authorized to establish a State Foster Care Benefits Program with appropriations by the General Assembly for the purpose of providing assistance to children who are placed in foster care facilities by county departments of social services in accordance with the rules and regulations of the Social Services Commission. Such appropriations, together with county contributions for this purpose, shall be expended to provide for the costs of keeping children in foster care facilities.

(c) The Department may continue to provide benefits pursuant to this section to an individual who has attained the age of 18 years and chosen to continue receiving foster care services until reaching 21 years of age if the individual is (i) completing secondary education or a program leading to an equivalent credential, (ii) enrolled in an institution that provides postsecondary or vocational education, (iii) participating in a program or activity designed to promote, or remove barriers to, employment, (iv) employed for at least 80 hours per month, or (v) incapable of completing the educational or employment requirements of this subsection due to a medical condition or disability.

North Dakota

 

 

N.D. Cent. Code § 27-20-30.1

1. For purposes of this section, “child” means an individual between the ages of eighteen and twenty-one years who is in need of continued foster care services.

2. A petition to commence an action under this section must contain information required under section 27-20-21 along with an affidavit either prepared by the administrative county, as determined by the department of human services, or prepared by an agency or tribal council of a recognized Indian reservation in North Dakota.

3. The court shall issue a summons in accordance with section 27-20-22 upon the filing of a petition and affidavit.

4. If a child is in need of continued foster care services as determined by the department of human services and as set forth in a continued foster care agreement, the court shall make the following judicial determination:

a. That the child is not deprived, delinquent, or unruly but is in need of continued foster care services;

b. That the child will remain in or will return to foster care pursuant to the child's continued foster care agreement;

c. That the child's continued foster care agreement has been willfully entered between:

(1) The department of human services or its agent, the child, and the foster care provider; or

(2) An agency or tribal council of a recognized Indian reservation in North Dakota if the child is not subject to the jurisdiction of the state of North Dakota, the child, and the foster care provider;

d. That it is in the best interest of the child to remain in or return to foster care;

e. That reasonable efforts were made in accordance with subsection 7 of section 27-20-32.2;

f. That the child has attained the age of eighteen or older but does not exceed the age of twenty-one years;

g. That the child has satisfied the education, employment, or disability requirements under the Fostering Connections to Success and Increasing Adoptions Act of 2008 [Pub. L. 110-351] and as set forth by the department of human services;

h. That the administrative county, as determined by the department, or that an agency or tribal council of a recognized Indian reservation in North Dakota, shall continue foster care case management, unless otherwise agreed to or required by the department;

i. That the administrative county or an agency or tribal council of a recognized Indian reservation in North Dakota must have care and placement responsibility of the child;

j. That permanency hearing must be as set forth in section 27-20-36; and

k. That there are no grounds to file a petition to terminate parental rights under chapter 27-20.

5. Pursuant to N.D.R.Juv.P., Rule 16, a court may modify or vacate the judicial determination made under subsection 4.

Ohio

 

 

Ohio Rev. Code § 5101.1411

(A)(1) The director of job and family services shall, not later than nine months after the effective date of H.B. 50 of the 131st general assembly, submit an amendment to the state plan required by 42 U.S.C. 671 to the United States secretary of health and human services to implement 42 U.S.C. 675(8) to make federal payments for foster care under Title IV-E directly to, or on behalf of, any person who meets the following requirements:

(a) The person has attained the age of eighteen but not attained the age of twenty-one.

(b) The person was in the custody of a public children services agency upon attaining the age of eighteen.

(c) The person signs a voluntary participation agreement.

(d) The person satisfies division (C) of this section.

(2) Any person who meets the requirements of division (A)(1) of this section may apply for foster care payments and make the appropriate application at any time.

(B)(1) The director of job and family services shall, not later than nine months after the effective date of H.B. 50 of the 131st general assembly, submit an amendment to the state plan required by 42 U.S.C. 671 to the United States secretary of health and human services to implement 42 U.S.C. 675(8) to make federal payments for adoption assistance under Title IV-E available to any parent who meets all of the following requirements:

(a) The parent adopted a person while the adopted person was sixteen or seventeen and had been in the custody of a public children services agency, or the parent enters into an adoption assistance agreement under 42 U.S.C. 673;

(b) The adopted person has attained the age of eighteen but has not attained the age of twenty-one;

(c) The parent maintains parental responsibility to that adopted person;

(d) The adopted person satisfies division (C) of this section.

(2) Any parent who meets the requirements of division (B)(1) of this section that are applicable to a parent may request an extension of adoption assistance payments at any time before the adopted person reaches age twenty-one.

(C) In addition to other requirements, a person who is in foster care or has been adopted must meet at least one of the following criteria:

(1) Is completing secondary education or a program leading to an equivalent credential;

(2) Is enrolled in an institution that provides post-secondary or vocational education;

(3) Is participating in a program or activity designed to promote, or remove barriers to, employment;

(4) Is employed for at least eighty hours per month;

(5) Is incapable of doing any of the activities described in division (C)(1) to (4) of this section due to a medical condition, which incapacity is supported by regularly updated information in the person's case record or plan.

Oklahoma

Okla. Stat. tit. 10A, § 1-9-107

A. This section shall be known and may be cited as the “Successful Adulthood Act”.

B. The purpose of the Successful Adulthood Act shall be:

1. To ensure that eligible individuals, who have been or are in the foster care program of the Department of Human Services or a federally recognized Indian tribe with whom the Department has a contract, due to abuse or neglect, receive the protection and support necessary to allow those individuals to become self-reliant and productive citizens through the provision of requisite services that include, but are not limited to, transitional planning, housing, medical coverage, and education; provided, that eligibility for tuition waivers shall be as set forth in Section 3230 of Title 70 of the Oklahoma Statutes; and

2. To break the cycle of abuse and neglect that obligates the state to assume custody of children.

G. Successful adulthood services may continue to the age of twenty-one (21), provided the individual is in the custody of the Department or a federally recognized Indian tribe due to abuse or neglect and is in an out-of-home placement at the time of the individual's eighteenth birthday.

Oregon

 

 

Or. Rev. Stat. § 418.330: payments to adoptive parents or guardians

(1) As used in this section:

(a) “Child” means:

(A) A person under 18 years of age;

(B) A person under 21 years of age if the Department of Human Services determines that the person has a mental or physical disability that warrants the continuation of assistance; or

(C) A person who has attained 18 years of age and:

(i) On whose behalf payments under this section were received prior to the person attaining 18 years of age, provided the person was at least 16 years of age at the time the payments commenced;

(ii) Has not attained 21 years of age; and

(iii)(I) Is completing secondary education or a program leading to an equivalent credential;

(II) Is enrolled in an institution or program that provides post-secondary or vocational education;

(III) Is participating in a program or activity designed to promote, or remove barriers to, employment;

(IV) Is employed for at least 80 hours per month; or

(V) Is incapable of doing any of the activities described in sub-sub-subparagraphs (I) to (IV) of this sub-subparagraph due to a medical condition, which incapability is supported by regularly updated documentation.

 

Or. Admin. Rules § 413-030-0220

Eligibility After Age 18

(1) Eligibility for substitute care services ends at age 18 unless the person continues to meet both the eligibility criteria outlined in OAR 413 030 0210 and this rule. Under the following conditions the Department may continue to provide placement services up to the maximum age of 21 years if the person is:

(a) Actively striving to complete the requirements for high school graduation and achieving satisfactorily in a full time program of high school attendance, GED classes, or a combination of classes and employment;

(b) Enrolled in a special education program as called for in an Individual Educational Plan (IEP);

(c) An unaccompanied refugee minor; or

(d) The person's situation has been reviewed and approved in writing for an exception to these rules by the District Manager or designee.

(2) The Department may not provide substitute care services after the youth’s 21st birthday.

Pennsylvania
 

 

Pa. Cons. Stat. Tit. 42, § 6302: Juvenile Matters

“Child.” An individual who:

(1) is under the age of 18 years;

(2) is under the age of 21 years who committed an act of delinquency before reaching the age of 18 years; or

(3) is under the age of 21 years and was adjudicated dependent before reaching the age of 18 years, who has requested the court to retain jurisdiction and who remains under the jurisdiction of the court as a dependent child because the court has determined that the child is:

(i) completing secondary education or an equivalent credential;

(ii) enrolled in an institution which provides postsecondary or vocational education;

(iii) participating in a program actively designed to promote or remove barriers to employment;

(iv) employed for at least 80 hours per month; or

(v) incapable of doing any of the activities described in subparagraph (i), (ii), (iii) or (iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan of the child.

Rhode Island

R.I. Code of Rules § 03-007-001, Policy 700.0240

Once Family Court jurisdiction has been terminated or if there is no Family Court involvement, a youth who is receiving services from DCYF at the time of the youth’s eighteenth (18th) birthday may be eligible to receive transitional services and supports in one of the following ways:

• Youth with serious emotional disturbances (SED) or youth with functional developmental disabilities (DD) are a priority population. These youth will remain open to the Department and will continue to receive services, including residential placement, in accordance with their service plans. These youth may be eligible to receive services funded through the State Managed Health Care Program in accordance with RIGL42-72-5 (d).

• Youth who are residing in out-of-home placements and who require assistance with accessing housing, employment, postsecondary education and medical insurance coverage will be closed to DCYF upon acceptance into an aftercare services program.

• Youth who can safely move from foster care into the homes of parents or relatives or who have other viable transition plans will be closed to DCYF. Eligible youth will be provided access to medical insurance coverage and postsecondary education assistance. Services and supports to youth ages 18-21 continue to prepare these youth for the challenges and opportunities presented by adulthood. The primary goal is for youth to achieve an appropriate level of independence, recognizing and accepting personal responsibility for the transition from adolescence to adulthood. All services and supports are voluntary.

South Carolina

S.C. Code of Regs. § 114-595

A. Program Framework

(1) The goal of an independent living program is to prepare youths, ages sixteen to twenty-one, for successful adult living through the provision of services related to daily living, problem-solving, and other skills that maximize the youth's potential to be a self-supporting, productive adult. A continuum of services shall be available and provided in accordance with the developmental readiness of youths served, in addition to their chronological age.

(2) There are three levels of independent living programs which may be offered by the group home, child caring institution, or child placing agency: on campus or in-home supervised services (Level 1); off campus or out-of-home supervised services (Level 2); and in-community, monitored services (Level 3). No program shall be licensed for Level 3, the community living, monitored component.

South Dakota

S.D. Codified Laws § 26-6-6.1

Notwithstanding the provisions of §§ 26-1-1 and 26-7A-101, any child welfare agency, including the Department of Social Services, may continue to provide foster care for a person over the age of majority but less than twenty-one years of age if the person was in foster care immediately prior to reaching the age of majority and has not yet completed the twelfth grade of school or is in a continuing course of remedial treatment and if the person consents in writing to continued foster care.

Tennessee

 

 

Tenn. Code § 37-2-417

(a) This section may be known and cited as “Tennessee's Transitioning Youth Empowerment Act of 2010.”

(b) The department of children's services is authorized to develop a program to provide services to youth who are transitioning to adulthood from state custody. Services may be provided on a voluntary basis to any person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, who was in the custody of the department at the time of the person's eighteenth birthday and who is:

(1) Completing secondary education or a program leading to an equivalent credential;

(2) Enrolled in an institution which provides postsecondary or career and technical education;

(3) Participating in a program or activity designed to promote or remove barriers to employment;

(4) Employed for at least eighty (80) hours per month; or

(5) Incapable of doing any of the activities described in subdivisions (b)(1)--(4) due to a medical condition, including a developmental or intellectual condition, which incapability is supported by regularly updated information in the permanency plan of the person. In such a case the person shall be in compliance with a course of treatment as recommended by the department.

(c) Services may also be made available to any person who meets the requirements of subsection (b) but refused such services at the time of the person's eighteenth birthday if at any time the person seeks to regain services prior to the person's twenty-first birthday.

(d) The advisory committee established in § 37-2-601 shall serve as an advisory committee for programs and services established by this section.

(e) The commissioner of children's services shall establish policies and procedures in order to create and implement this program.

(f) The department is authorized to seek federal funding or to participate in federal programs developed for this purpose.

Texas

Tex. Fam. Code § 264.101

(a-1) The department shall continue to pay the cost of foster care for a child for whom the department provides care, including medical care, until the last day of the month in which the child attains the age of 18. The department shall continue to pay the cost of foster care for a child after the month in which the child attains the age of 18 as long as the child is:

(1) regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;

(2) regularly attending an institution of higher education or a postsecondary vocational or technical program;

(3) participating in a program or activity that promotes, or removes barriers to, employment;

(4) employed for at least 80 hours a month; or

(5) incapable of performing the activities described by Subdivisions (1)-(4) due to a documented medical condition.

(a-2) The department shall continue to pay the cost of foster care under:

(1) Subsection (a-1)(1) until the last day of the month in which the child attains the age of 22; and

(2) Subsections (a-1)(2)-(5) until the last day of the month the child attains the age of 21.

Tex. Fam. Code § 263.6015

(a) A young adult is assigned trial independence status when the young adult:

(1) does not enter extended foster care at the time of the young adult's 18th birthday; or

(2) exits extended foster care before the young adult's 21st birthday.

(b) Except as provided by Subsection (c), a court order is not required for a young adult to be assigned trial independence status. Trial independence is mandatory for a period of at least six months beginning on:

(1) the date of the young adult's 18th birthday for a young adult described by Subsection (a)(1); or

(2) the date the young adult exits extended foster care.

(c) A court may order trial independence status extended for a period that exceeds the mandatory period under Subsection (b) but does not exceed one year from the date the period under Subsection (b) commences.

(d) Except as provided by Subsection (e), a young adult who enters or reenters extended foster care after a period of trial independence must complete a new period of trial independence as provided by Subsection (b)(2).

(e) The trial independence status of a young adult ends on the young adult's 21st birthday.

 

Tex. Fam. Code § 263.602

(a) Except as provided by Subsection (f), a court that had jurisdiction over a young adult on the day before the young adult's 18th birthday continues to have extended jurisdiction over the young adult and shall retain the case on the court's docket while the young adult is in extended foster care and during trial independence as described by Section 263.6015.

 

Tex. Fam. Code § 263.6021

(a) Notwithstanding Section 263.602, a court that had jurisdiction over a young adult on the day before the young adult's 18th birthday may, at the young adult's request, render an order that extends the court's jurisdiction beyond the end of trial independence if the young adult receives transitional living services from the department.

Fam. Code § 264.855

Utah

Utah Admin. Code R512-305-1

R512-305-1. Purpose and Authority.

(1) The purpose of Transition to Adult Living (TAL) services is to help prepare a youth who is receiving out-of-home services in accordance with Rule R512-300 to gain skills to transition to adulthood and to provide support to youth upon leaving the Division of Child and Family Services (Child and Family Services) custody. TAL is a continuum of services that begins while youth are in care and continues through post-discharge with the Young Adult Resource Network (YARN). Youth receiving In-Home Services may also receive some TAL services.

(2) TAL services, which includes the Education and Training Voucher Program, are authorized by the John H. Chafee Foster Care Independence Program, 42 USC 677 (September 2, 2015), incorporated by reference.

(3) This rule is authorized by Section 62A-4a-102.

 

R512-305-2. Scope of Services.

(1) Qualification for and duration of services:

(a) TAL services are required for all youth receiving out-of-home services, age 14 years or older, until Child and Family Services custody is terminated regardless of permanency goal, as specified in Rule R512-300.

(b) The YARN provides services for youth if they are no longer in Child and Family Services custody and are not yet 21 years of age, and the youth:

(i) Ages out of out-of-home care, or

(ii) While in out-of-home care, after the age of 14 years, received at least 12 consecutive months of TAL services and the court terminated reunification.

Vermont

Vt. Stat. tit. 33, § 4904

(a) As used in this section, “youth” means a person between 18 and 22 years of age who either:

(1) attained his or her 18th birthday while in the custody of the Commissioner for Children and Families; or

(2) while he or she was between 10 and 18 years of age, spent at least five of those years in the custody of the Commissioner for Children and Families.

(b)(1) The Department shall provide foster care services as described in subsection (c) of this section to:

(A) any youth who elects to continue receiving such services after attaining the age of 18;

(B) any individual under the age of 22 who leaves State custody after the age of 16 and at or before the age of 18 or any youth provided he or she voluntarily requests additional support services.

(2) The Department shall require a youth receiving services under this section to be employed, to participate in a program to promote employment or remove barriers to employment, or to attend an educational or vocational program, and, if the youth is working, require that he or she contribute to the cost of services based on a sliding scale, unless the youth meets the criteria for an exception to the employment and educational or vocational program requirements of this section based on a disability or other good cause. The Department shall establish rules for the requirements and exceptions under this subdivision.

Virginia

 

 

Va. Code § 63.2-905.1

Local departments and licensed child-placing agencies shall provide independent living services to any person between 18 and 21 years of age who is in the process of transitioning from foster care to self-sufficiency. Any person who was committed or entrusted to a local board or licensed child-placing agency may choose to discontinue receiving independent living services any time before his twenty-first birthday in accordance with regulations adopted by the Board. The local board or licensed child-placing agency shall restore independent living services at the request of that person provided that (i) the person has not yet reached 21 years of age and (ii) the person has entered into a written agreement, less than 60 days after independent living services have been discontinued, with the local board or licensed child-placing agency regarding the terms and conditions of his receipt of independent living services.

Local departments and licensed child-placing agencies shall provide independent living services to any person between 18 and 21 years of age who (a) was in the custody of the local department of social services immediately prior to his commitment to the Department of Juvenile Justice, (b) is in the process of transitioning from a commitment to the Department of Juvenile Justice to self-sufficiency, and (c) provides written notice of his intent to receive independent living services and enters into a written agreement for the provision of independent living services, which sets forth the terms and conditions of the provision of independent living services, with the local board or licensed child-placing agency within 60 days of his release from commitment to the Department of Juvenile Justice.

Local departments shall provide any person who chooses to leave foster care or terminate independent living services before his twenty-first birthday written notice of his right to request restoration of independent living services in accordance with this section by including such written notice in the person's transition plan. Such transition plan shall be created within 90 days prior to the person's discharge from foster care. Local departments and licensed child-placing agencies may provide independent living services as part of the foster care services provided to any child 14 years of age or older. All independent living services shall be provided in accordance with regulations adopted by the Board.

 

Budget Bill Language:

I. The Commissioner, Department of Social Services, shall ensure that local departments that provide independent living services to persons between 18 and 21 years of age make certain information about and counseling regarding the availability of independent living services is provided to any person who chooses to leave foster care or who chooses to terminate independent living services before his twenty-first birthday. Information shall include the option for restoration of independent living services following termination of independent living services, and the processes whereby independent living services may be restored should he choose to seek restoration of such services in accordance with Section 63.2-905.1 of the Code of Virginia.

 

Admin. Code Tit. 22, § 40-201-100(E)

E. A youth placed in foster care before the age of 18 years may continue to receive independent living services from the local department between the ages of 18 and 21 years if:

1. The youth is making progress in an educational or vocational program, has employment, or is in a treatment or training program; and

2. The youth agrees to participate with the local department in (i) developing a service agreement and (ii) signing the service agreement. The service agreement shall require, at a minimum, that the youth's living arrangement shall be approved by the local department and that the youth shall cooperate with all services; or

3. The youth is in permanent foster care and is making progress in an educational or vocational program, has employment, or is in a treatment or training program.

Washington

 

Wash. Rev. Code § 74.13.031

(11)(a) The department and supervising agencies shall provide continued extended foster care services to nonminor dependents who are:

(i) Enrolled in a secondary education program or a secondary education equivalency program;

(ii) Enrolled and participating in a postsecondary academic or postsecondary vocational education program;

(iii) Participating in a program or activity designed to promote employment or remove barriers to employment;

(iv) Engaged in employment for eighty hours or more per month; or

(v) Not able to engage in any of the activities described in (a)(i) through (iv) of this subsection due to a documented medical condition.

(b) To be eligible for extended foster care services, the nonminor dependent must have been dependent and in foster care at the time that he or she reached age eighteen years. If the dependency case of the nonminor dependent was dismissed pursuant to RCW 13.34.267, he or she may receive extended foster care services pursuant to a voluntary placement agreement under RCW 74.13.336 or pursuant to an order of dependency issued by the court under RCW 13.34.268. A nonminor dependent whose dependency case was dismissed by the court must have requested extended foster care services before reaching age nineteen years.

(c) The department shall develop and implement rules regarding youth eligibility requirements.

(d) The department shall make efforts to ensure that extended foster care services maximize medicaid reimbursements. This must include the department ensuring that health and mental health extended foster care providers participate in medicaid, unless the condition of the extended foster care youth requires specialty care that is not available among participating medicaid providers or there are no participating medicaid providers in the area. The department shall coordinate other services to maximize federal resources and the most cost-efficient delivery of services to extended foster care youth.

West Virginia

Foster Care Manual § 5.31

 b) Since many foster youth have not completed their education by the time they reach their eighteenth (18th) birthday, they have an incentive to remain in foster care. Boarding care may be continued for foster youth from age eighteen (18) through age twenty (20) under the following conditions:

1.The young adult requests continued financial supports after receiving a clear explanation of his right to independence and responsibility for self-support at age eighteen (18); and

2.The young adult meets one of the following criteria;

· the child is completing secondary education or a program leading to an equivalent credential;

· the child is enrolled in an institution which provides post-secondary or vocational education;

· the child is participating in a program or activity designed to promote, or remove barriers to, employment;

· the child is employed for at least 80 hours per month; or

· the child is incapable of doing any of the above described activities due to a medical condition

 

W. Va. Code of Rules § 78-3-3

3.96. Transitioning Adult — An individual with a transfer plan to move to an adult setting who meets one of the following conditions:

(1) Is eighteen years of age but under twenty-one years of age, was in departmental custody upon reaching eighteen years of age, remains under the jurisdiction of the juvenile court, and/or requires supervision and care to complete an education and or treatment program;

(2) Is eighteen years of age but under twenty-one years of age, was adjudicated abused, neglected, or in departmental custody upon reaching eighteen years of age and enters into a contract with the Department to continue in an educational, training, and/or treatment program.

Wisconsin

 

Wis. Stat. § 48.366. Extended out-of-home care

(1) Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies:

(a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355(4)(b)1., 2., or 3., 48.357(6)(a)1., 2., or 3., or 48.365(5)(b)1., 2., or 3. on or after the person attains 18 years of age.

(b) The person is in the guardianship and custody of an agency specified in s. 48.427(3m)(a)1. to 4. or (am) under an order under s. 48.43 that terminates on the date on which the person attains 18 years of age.

(c) The person is placed in a shelter care facility on the date on which an order specified in par. (a) or (b) terminates.

(2) Transition-to-discharge hearing. (a) Not less than 120 days before an order described in sub. (1)(a) or (b) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall also request the person to indicate whether he or she wishes to continue in out-of-home care until the date specified in s. 48.365(5)(b)4. under an extension of the order. If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1)(a), the agency shall request an extension of the order under s. 48.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

 

Wis. Stat. § 48.57

(3)(a) From the reimbursement received under s. 46.495(1)(d), counties may provide funding for the maintenance of any child who:

1. Is 18 years of age or older;

2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma;

3. Received funding under s. 48.569(1)(d) or under s. 46.495(1)(d), 2005 stats., immediately prior to his or her 18th birthday; and

4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home or in a supervised independent living arrangement.

(b) The funding provided for the maintenance of a child under par. (a) shall be in an amount equal to that which the child would receive under s. 48.569(1)(d) if the child were 17 years of age.

(3m) (a) In this subsection:

1. “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over, if any of the following applies:

a. The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete his or her program of study and be granted a high school or high school equivalency diploma.

b. The person is under 21 years of age, [the person]1is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355(4)(b) or 938.355(4)(am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366(3) or 938.366(3).

Wyoming

Wyo. Stat. § 14-3-431

(a) An order of disposition shall remain in force for an indefinite period until terminated by the court whenever it appears the purpose of the order has been achieved and it is in the child's best interest that he be discharged from further court jurisdiction.

(b) Unless sooner terminated by court order, all orders issued under this act shall terminate with respect to a child adjudicated neglected, when he reaches eighteen (18) years of age unless the court has ordered care or services to continue beyond that time. The court shall conduct a review hearing at least six (6) months before the child reaches eighteen (18) years of age to determine whether care or transitional services should continue and for what period of time prior to the individual reaching the age of twenty-one (21) years.

Sources:Sources: NCSL Research; Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18

About This NCSL Project

The Denver-based child welfare project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation, and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or childwelfare@ncsl.org.

NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child welfare issues before Congress and the Administration. Staff in D.C. can be reached at (202) 624-5400 or cyf-info@ncsl.org.

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