Older Youth in Foster Care

Alabama Data Profile

Alabama: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Extending Foster Care

Age Range

Ala. Code § 38-7-2(1); Ala Admin. Code § 660-5-48-.05(1).

• No youth ages out of foster care before age 19; youth may remain in foster care until age 21.

Placement Agreement

Ala Admin. Code § 660-5-51-.05

• Personal Safety Agreement (DHR-FCS-2139) - Youth who are planning to move into an independent living setting are required to review and sign the “Personal Safety Agreement.”  If the youth refuses to abide by the safety guidelines, the placement cannot occur. Providers shall ensure that a new form is reviewed and signed each year that the youth remains in the independent living placement.
• Foster Family Home Approval to Provide A Transitional or Independent Living Placement (DHR-FCS-2141) – This form is completed by the County DHR where the foster family home is located to indicate that the transitional or independent living placement setting meets the Minimum Standards for Foster Family Homes. The approval must be reviewed, signed, and dated by the foster parent(s) providing the placement and by the County DHR Director.

Supports

Admin. Code r. 660-5-48-.04

• Program Components shall include:
  • (a) Control over their future, by involving the youth in an Individualized Service Plan. Their involvement in planning steps and goals to be achieved will help to assess and identify skill they need for life. Through the provision of such services as life skill development groups and youth advisory councils each individual has the opportunity to meet and learn from others while developing social skills. They are then empowered to directly participate in helping to designing activities that will help prepare them for self-sufficiency.
  • Competency includes the educational attainment and life skills development that are provided through Independent Living Services
  • Permanency includes helping the youth develop a network of reliable and responsible individuals who instill the youth with a sense of continuity and belonging and will serve as resources for assistance with problems encountered in the future.
  • Usefulness can be fostered in youth by allowing them to provide services that benefit others while providing them opportunities to practice skills, gain valuable experience and develop relationships within the community. County Departments shall develop partnerships to promote volunteer and employment opportunities for youth in their community.
• Provision of Independent Living Services.
  • Independent Living Services shall occur concurrently with continued effort to achieve permanency. Independent Living Services shall be directed toward achieving the following outcomes:

1.       Improved attainment of education and employment; and

2.       Avoidance of dependency, homelessness, nonmarital childbirth, incarceration, and other high-risk behaviors.     

• • Placement Resources. Transitioning from the dependence of childhood to living independently as an adult is a process requiring a decrease in adult supervision. Two types of resources that may assist in this transition are:     
    • Transitional living, which is an alternative living arrangement that provides foster youth (ages 17 through 20) with opportunities to practice independent living skills in a variety of on-campus settings with decreasing degrees of care and supervision; and
    • Independent Living, which is an alternative living arrangement whereby the youth lives in community-based housing rather than in a foster home or on a group home campus. Ideally, this allows the youth the opportunity to continue the decreased care and supervision so that the youth will ultimately be responsible for their own care and will ultimately be prepared to live on their own in the same location when DHR no longer holds custody.

Reentry into Care Allowed

Ala. Admin. Code § 660-5-48-.06.

• Youth between 18 and 21 who has previously resided in foster care may request reentry if they are “living in a situation where there is an identifiable risk of harm that would typically result in the provision of child welfare services if they were under” age 19. Reentry may be authorized if the case remains open on the court’s administrative docket or if the youth completes an Agreement for Foster Care.

Increasing Placement Stability

Kinship Placement Priority

Ala. Code § 38-12-2

• The department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services and a placement with the relative is made, the relative may receive payment for the full foster care rate only as provided by federal law for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. Foster care payments shall cease upon the effective date of the kinship subsidiary payments or as provided by the department. A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent. For the purposes of kinship foster care, the blood relationship shall continue to be recognized in defining relative after termination of parental rights. The kinship foster parent must be 21 years old unless the department provides otherwise. The department can waive standards for kinship foster care as provided by department rules.

Caretaker Involved Practices

Ala. Code § 38-12A-1

• The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care prior to the child's placement with a foster parent or parents.
• Sec. 17: The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement

Subsidized Guardianship

Ala. Code § 38-12-36

• The kinship guardianship subsidy will continue until: the child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the kinship subsidy agreement became effective, and the child is either completing secondary education or a program leading to an equivalent credential, enrolled in an institution which provides postsecondary 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 the above activities; the kinship guardian or successor guardian is no longer legally responsible for support of the child; or the kinship guardian or successor guardian is no longer providing support to the child.

Caseworker Retention

Ala. Code § 47.14.112

• Caseworkers receive mentors
• New caseworker workload recommendations:
  • N more than six cases are assigned to a new front-line worker in the first three months of employment.
  • N more than 12 cases in fourth, fifth and sixth month of employment
• Per the workload study completed in 2012 by Hornby, Zeller and Associates, the following ratios of support and supervision are needed:
  • One supervisor for every five front line workers
  • One social services associate for every four front line workers
  • One office assistant for every 3.7 front line workers

Normalcy/Prudent Parenting Standards

Standard in Statute

Ala. Code § 12-15-301

• (3) Age or developmentally appropriate. Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group and, in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.(4) Caregiver. An individual 21 years of age or older, other than a parent, legal guardian, or legal custodian of a child who is an approved foster parent and who is a relative of the child and has been providing care and support for the child while the child has been residing in the home of the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources or a designated official for a child-placing agency or a successor guardian.(11) Reasonable and prudent parent standard. The standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities.

Alaska Data Profile

Alaska: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Alaska Stat. §§ 47.10.142, 47.14.100

• When the department takes custody of a child, the department shall search for an appropriate placement with an adult family member or family friend.

Notice Procedure and Investigating Ability to Care for Child

Alaska Stat. § 47.10.088(i)

• Before placing a child in an adoptive home, the department will make an effort to locate family members, investigate their ability to care for the child and notify them of their rights. If an adult family member requests to be approved for adoption, they will be approved unless there is good cause not to approve them.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Alaska Stat. § 47.10.080

• Additional 1-year extensions up to age 19; additional 1-year extensions if in the best interests of the child.

Eligibility

Alaska Stat. § 47.10.080

• 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.

Supports

Admin. Code r. 660-5-48-.04; 660-5-51-.02; 660-5-51-.03

• Education and vocational training.
• Assistance in obtaining basic education and training; career and employment services.
• Training in basic life skills; housing and utility assistance.
• Mentoring and counseling.
• Other appropriate services to complement the efforts of former state foster care recipients to achieve self-sufficiency.

Reentry into Care Allowed

Alaska Stat. § 47.10.080

• Yes

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Ala. Code § 12-15-301

• (3) Age or developmentally appropriate. Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group and, in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
• (4) Caregiver. An individual 21 years of age or older, other than a parent, legal guardian, or legal custodian of a child who is an approved foster parent and who is a relative of the child and has been providing care and support for the child while the child has been residing in the home of the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources or a designated official for a child-placing agency or a successor guardian.
• (11) Reasonable and prudent parent standard. The standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities.

Arizona Data Profile

Arizona: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

A.R.S. § 8-529 Children in foster care; rights

• To receive help with obtaining a driver license, Social Security number, birth certificate or state identification card, except that the foster parent shall have discretion to determine if the child is responsible and mature enough to become a licensed driver.

Auto Insurance: Obtaining A Contract

A.R.S. 20-1106

• Allows a foster child or youth participating in an independent living program, who is 16 and has completed a driver education program, to contract for motor vehicle liability insurance.

Diligent Search Criteria

Exceptions for Placement

Ariz. Rev. Stat. Ann. § 8-463 and § 8-514.02

• A child can be placed with a person who has a significant relationship with a child. In an emergency placement, a child cannot be placed with a relative or person who has a significant relationship with the child unless all adult members of their household consent to a name-based background check and fingerprinting.
• The statute establishes a kinship foster care program to promote placement with a child's relative. A kinship foster care parent must be 18 or older and every adult in the household must submit to background and fingerprint checks. If the kinship applicant is denied, the department will notify the applicant within 15 days. If the department determines that a kinship foster care placement is not in the best interest of the child, the department must provide written notification to the applicant within 15 days. The notice must include the specific reason for denial, the applicant's right to appeal and the process for reviewing the decision.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Ariz. Admin. Code § R21-5-205

• Up to age 21

Eligibility

Ariz. Admin. Code § R21-5-205

• Youth requests out-of-home care.
• Referred by their Child Safety Worker, other Department staff, or a tribal social services representative.
• Arizona resident.
• Participates in developing an individual case plan agreement for out-of-home care; and demonstrates acceptance of personal responsibility by active participation in one of the following activities:
  • Completion a secondary education program or a program leading to an equivalent credential.
  • Enrollment in an institution which provides postsecondary or vocational education.
  • Participation in a program or activity designed to promote or remove barriers to employment.
  • Employment of at least 80 hours per month.
  • Inability t participate in activities due to “behavioral health or medical condition, or other personal crisis or life event, such as pregnancy, birth, necessary maternity leave as determined by a medical professional, adoption, or guardianship of a child.”

Supports

Ariz. Admin. Code § R21-5-202

• 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:
  • Information and assistance to create and maintain a network of natural supports.
  • Independent living skills training.
  • Program incentives.
  • Information and assistance in life care and health care planning, including enrollment in a health plan.
  • Educational, career, and vocational planning.
  • Financial assistance fr post-secondary education and training.
  • Out-f-home care for foster youth 18 through 20 years of age.
  • Aftercare services through the Transitional Independent Living Program.

Reentry into Care Allowed

Ariz. Admin. Code § R21-5-202

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Ariz. Rev. Stat. Ann. § 8-530.02  

• Requires the Arizona early childhood development and health board and the Department of Child Safety to jointly report to the joint legislative budget committee on their collaborative efforts to address child welfare issues of common concern. Specifies that the report should detail the coordination between the Department of Child Safety, the Arizona early childhood development and health board and community groups to promote the well-being of children and families identified in reports of abuse or neglect.

Services for Children and Families Involved with the Child Welfare System

Ariz. Rev. Stat. Ann. § 8-512

• Requires the Arizona Department of Economic Security (DES), in collaboration with the Arizona Department of Health Services and the Arizona Health Care Cost Containment System to determine the most efficient and effective way to provide comprehensive medical, dental and behavioral health services for children who are in a foster home, in the custody of DES or in the custody of a probation department; relates to child protective services.

Increasing Placement Stability

Kinship Placement Priority

Ariz. Rev. Stat. Ann. § 8-514

• Establishes placement preference as follows: A parent; a grandparent; kinship care with another member of the child's extended family, including a person who has a significant relationship with the child. A significant relationship is presumed to exist between a foster parent or kinship caregiver who has cared for a child under three years for nine months or more; a licensed family foster care; a therapeutic foster care; a group home; a residential treatment facility. If a child is placed in temporary custody, the department shall identify and notify adult relatives of the child and persons with a significant relationship with the child.

Normalcy/Prudent Parenting Standards

Youth are Entitled to Activities

Arizona Sec. 1, Title 1, Chapter 5, Article 1, ARS Sec. 8-528

• A child in foster care has the following rights:

• • T appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the foster parent.
  • T attend community, school and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's placement worker and caseworker and based on caregiver ability if transportation is available through a responsible party.

Tuition Waivers

Age Range

Ariz. Rev. Stat. Ann. § 15-1809.1

• 14-23

Other Eligibility Requirements

Ariz. Rev. Stat. Ann. § 15-1809.1

• Tuition waiver scholarship at universities and community colleges in the state for state residents who are current or former foster youth. Must demonstrate continuous progress toward a degree or certificate. Must complete FAFSA and remain in good standing. After the first academic year in which the person receives a tuition waiver scholarship pursuant to this section, annually complete at least thirty hours of volunteer service during the previous academic year.

Permitted Uses for Funding

Ariz. Rev. Stat. Ann. § 15-1809.1

• Tuition and mandatory fees

Arkansas Data Profile

Arkansas: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

A.C.A. § 27-16-702

• (D) For a person under eighteen (18) years of age in care, an employee of the department or any foster parent is authorized to sign the driver’s license application, with background information including age, vision, driving record, information on any delinquency, school attendance and grades, enrollment in Chafee Foster Care Transitional Youth Services, and placement stability.

Driver's License: A Required Document

A.C.A. § 9-27-363

• Foster youth transition
  Department to provide, at age 18 or before leaving care, whichever is later, his or her: (6) Driver's license or a state-issued official identification card.

Auto Insurance: Reduces Financial Barriers

Ark. Admin. Code

016.15.4-IX-D or AR ADC 016.15.4-IX-D

• Foster parent may apply for reimbursement for costs to add foster youth to auto insurance. Youth may also request reimbursement for insurance. Completion of a driver’s education course is not a requirement.

Diligent Search Criteria

General Search

Arkansas Code Ann. § 9-28-107

• The Department of Human Services will exercise due diligence to notify all adult grandparents, and all parents of the child's siblings and other adult relatives of a child transferred into the custody of the department.

Placement Review Process

Ark. Code Ann. § 9-9-212

• If a petitioner alleges that a person entitled to notice cannot be located, a guardian ad litum will be appointed to locate the persons

Notice Procedure and Investigating Ability to Care for Child

Arkansas Code Ann. § 9-28-107

• This must be included in the court report demonstrate notice and each relatives: a) interest in participating in the care of the child; b) whether they are interested in becoming provisional foster parent; c) whether they are interested in kinship guardianship; and d) whether they are interested in visitation.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Admin. Code 016.15.4-VIII-B

• Up to age 21

Eligibility

Admin. Code 016.15.4-VIII-B

• To be eligible for extended foster care, youth must meet one of the following criteria:
  • The youth is completing secondary education or a program leading to an equivalent credential.
  • The youth is enrolled in an institution which provides post-secondary or vocational education.
  • The youth is participating in a program or activity designed to promote, or remove barriers to, employment.
  • The youth is employed for at least 80 hours per month.
  • 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.

Supports

Ann. Code § 9-28-114; Admin. Code 016 15

• Completing applications for:
  • ARKids First, Medicaid, r assistance in obtaining other health insurance;
  • Referrals t transitional housing, if available, or assistance in securing other housing.
  • Assistance in obtaining employment or other financial support.
• Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate.
• Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as resources based on the best interest of the juvenile.

Reentry into Care Allowed

Ark. Code Ann. § 9-27-306

• Yes

Increasing Placement Stability

Kinship Placement Priority

Ark. Code Ann. § 9-27-355

• When the Department of Human Services takes custody of a child, or determines a child needs to be removed from their home, the department must conduct an assessment to locate a non-custodial parent, relatives, and fictive kin identified by the juvenile as having a significant positive role in their life. A relative or fictive kin identified will be given preference for placement if they meet all relevant protective standards and the placement is in the best interest of the child.

Subsidized Guardianship

Ark. Code Ann. § 9-9-410

• The subsidy agreement is binding until the child reaches 18 or the child leaves the adoptive parent's care. If the child leaves the care of the adoptive parents, the department must be notified immediately so that the agreement may be reviewed. If the child has a documented disability, subsidies may be extended until the child reaches 21.

Caseworker Retention

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Ark. Admin. Code 016.15.4-VII-G

• Defines reasonable and prudent parent standard to encourage children in all out-of-home placement types to participate in extracurricular, enrichment, cultural and/or social activities. Defines age and developmentally appropriate activities.

Caregivers are Not Held Liable

Ark. Admin. Code 016.15.4-VII-G

• Caregiver is not liable for harm caused to a child who participates in an approved activities as long as the caregiver acted with reasonable prudent parent standard.

California Data Profile

California: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

Cal.Welf. & Inst.Code § 366.5; Cal.Welf. & Inst.Code § 241.1

• The dependency jurisdiction shall be suspended for a child whom the juvenile court declares to be a dual status child based on the joint assessment and recommendation of the county probation department and the child welfare services department. If the termination of jurisdiction is likely and reunification of the child with his or her parent or guardian would be detrimental to the child, the county probation department and child welfare services department shall jointly assess and produce a recommendation regarding whether the court's dependency jurisdiction shall be resumed.
• Whenever a minor appears to come within the description of both Section 300 and Section 601 or 602, the county probation department and the child welfare services department shall, pursuant to a jointly developed written protocol, initially determine which status will serve the best interests of the minor and the protection of society. The recommendations of both departments shall be presented to the juvenile court with the petition that is filed on behalf of the minor, and the court shall determine which status is appropriate for the minor.

Information and Data Sharing

Cal.Penal Code § 13753

• Allows for the establishment of multidisciplinary teams related to human trafficking and the exchange of information amongst members of this team.

Driver’s Licensing/Insurance

Driver's License: A Required Document

Cal. Welf. & Inst. Code §391

• The court cannot terminate juvenile dependency jurisdiction over a youth in care who has reached 18 until a hearing is held, the department has submitted a report verifying that certain documents, information, and services have been provided, including: driver's license or identification card.

Diligent Search Criteria

General Search

Cal. [Fam.] Code § 7950

• Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts to locate an appropriate relative shall be made.

Placement Review Process

Cal. [Welf & Inst.] Code § 358, Cal. [Fam.] Code § 7950

• Requires the court to determine if social workers exercised due diligence in conducting his or her investigation to identify, locate, and notify the child's relatives for placement purposes.
• Before any child may be placed in long-term foster care, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by himself or herself or by other persons, has been evaluated as an appropriate placement.

Timetable for Search

Cal. [Welf. & Inst.] Code § 309(e)

• Within 30 days of a child’s removal, the social worker will use due diligence to identify and locate all adult relatives of the child.

Notice Procedure and Investigating Ability to Care for Child

Cal. [Welf. & Inst.] Code § 309(e)

• Each county welfare department will create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices. All adult relatives who are located will receive notification. The notice will provide information about the child's removal, how to become a foster family home or approved relative or nonrelative extended family member, and additional services and support that are available in out-of-home placements. The notice will also include information regarding the Kin-GAP Program, as well as other options for contact with the child.

Method of Searching

Cal. Welf. & Inst. Code § 361.3

• The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child.  This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified.

Fictive Kin

Cal. Welf. & Inst. Code § 362.7

• When the home of a nonrelative extended family member is being considered for placement of a child, the home shall be evaluated, and approval of that home shall be granted or denied, pursuant to the same standards set forth in the regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver. A “nonrelative extended family member” is defined as any adult caregiver who has an established familial or mentoring relationship with the child. The county welfare department shall verify the existence of a relationship through interviews with the parent and child or with one or more third parties. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends.

Exceptions for Placement

Cal. [Family] Code § 8712, Cal. [Health & Saf.] Code § 1522, Cal. [Welf. & Inst.] Code § 16519.5. Cal. [Welf. & Inst.] Code § 361.4

• If the person or any individual subject to the background check requirements has been convicted of a felony for certain specified crimes. Individuals convicted of a felony for certain specified crimes are also prohibited from being licensed as a foster care provider or approved as a resource family.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Cal. Welf. & Inst. Code § 11403

• Up to age 21

Eligibility

Cal. Welf. & Inst. Code § 11403

• A nonminor dependent—defined as a current dependent child or ward of the juvenile court, or a nonminor under the transition jurisdiction of the juvenile court, who satisfies all of the following criteria:
• Has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 21 years of age.
• Is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization.
• Has a transitional independent living case plan

Payments shall continue if the nonminor is:

• Completing secondary education or a program leading to an equivalent credential.
• Enrolled in an institution which provides postsecondary 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.
• Unable to engage in the above activities due to a medical condition.

Placement Agreement

Cal. Welf. & Inst. Code § 11400

• The Mutual Agreement documents the nonminor's continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminor's and social worker's or probation officer's agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.

Supports

Cal. Welf. & Inst. Code 391

• Assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance; referral to transitional housing, if available, or assistance in securing other housing; and assistance in obtaining employment or other financial support. Assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate. Assistance in maintaining relationships with individuals who are important to a child who has been in out-of-home placement in a group home for six months or longer from the date the child entered foster care, based on the child’s best interests.

Reentry into Care Allowed

Cal. Welf. & Inst. Code § 303

• Yes

Health Oversight of Children in Foster Care

Adverse Childhood Experiences (ACEs)

Cal. Welf. & Inst. Code § 1451

• “Trauma-informed” means an approach that involves an understanding of adverse childhood experiences and responding to symptoms of chronic interpersonal trauma and traumatic stress across the lifespan of an individual.

Services Addressing Trauma

Cal. Code  § 2032.340

• Requires, in any action involving allegations of sexual abuse of a minor, that a mental examination of a child less than 15 years of age be conducted by a licensed physician or clinical psychologist with expertise in child abuse and trauma. Limits the examination to no more than three hours, including any breaks, unless the court grants an extension for good cause.

Increasing Placement Stability

Kinship Placement Priority

Cal. [Welf & Inst.] Code § 16501.1

• The selection of a home for placement shall consider, in order of priority, placement with relatives, nonrelative extended family members, and tribal members; foster family homes, resource families, and approved or certified homes of foster family agencies; followed by intensive services foster care homes.

Caretaker Involved Practices

Cal. [Welf. & Inst.] Code § 16003

• To promote the successful implementation of the statutory preference for foster care placement with a relative caretaker, each community college district with a foster care education program will make orientation and training available to the relative or nonrelative extended family member caregiver. The county will inform relative and nonrelative caregivers of the availability of these trainings.

Subsidized Guardianship

Cal.[Welf. & Inst.]Code § 11387

• The kinship guardianship agreement will specify how payment will be provided, any additional services that will be provided, procedure for the guardian to request further services, and information regarding the guardian's responsibility to notify the department of change in circumstance. Aid will be provided based on the child's needs.

Caseworker Retention

Cal. [Bus. & Prof.] Code § 4996.18 and § 4996.23, Cal. Gov. Code Sec. § 8547.1

• To qualify for licensure, each applicant shall complete 3,000 hours of post-master's degree supervised experience related to the practice of clinical social work.
• At least 1,700 hours shall be gained under the supervision of a licensed clinical social worker.  The remaining required supervised experience may be gained under the supervision of a physician and surgeon who is certified in psychiatry by the American Board of Psychiatry and Neurology, licensed professional clinical counselor, licensed marriage and family therapist, psychologist, or licensed clinical social worker.
• A minimum of 2,000 hours in clinical psychosocial diagnosis, assessment, and treatment, including psychotherapy or counseling; however, at least 750 hours shall be face-to-face individual or group psychotherapy provided in the context of clinical social work services.
• A maximum of 1,000 hours in client centered advocacy, consultation, evaluation, research, direct supervisor contact, and workshops, seminars, training sessions, or conferences directly related to clinical social work that have been approved by the applicant's supervisor.
• A minimum of two years of supervised experience is required to be obtained over a period of not less than 104 weeks and shall have been gained within the six years immediately preceding the date on which the application for licensure was received by the board.
• Prohibits retaliation against a social worker who has reasonable cause to believe that a policy, procedure, or practice related to the provision of child welfare services endangers the health or well-being of a child or children and the social worker discloses this information to a government or law enforcement agency, an appointed or elected official, or the public.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Cal. Welf. & Inst. Code § 362.04

• "Reasonable and prudent parent" or "reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interest.

Youth are Entitled to Activities

Cal. Welf. & Inst. Code §362.05

• Every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. No state or local regulation or policy may prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to dependent children have policies consistent with this section and that those agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities.

Caregivers are Not Held Liable

Tuition Waivers

Age Range

Cal. Edu. Code § 66025.3

• Up to age 25

Other Eligibility Requirements

Cal. Edu. Code § 66025.3

• Notwithstanding Section 76300, a campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to a current or former foster youth, if he or she meets all of the following conditions:
  • (A) Is 25 years f age or younger.
  • (B) Has been in foster care for at least 12 consecutive months after reaching 10 years of age.
  • (C) Meets any f the following:
    • (i) Is under a current foster care placement order by the juvenile court.
    • (ii) Was under a foster care placement order by the juvenile court upon reaching 18 years of age.
    • (iii) Was adopted, or entered guardianship, from foster care.
  • (D) Completes and submits the Free Application for Federal Student Aid (FAFSA).
  • (E) Maintains a minimum grade pint average and meets other conditions necessary for the student to be in good standing at the public postsecondary educational institution in which he or she attends, as determined by the appropriate public postsecondary segment.
  • (F) Meets the financial need requirements established fr Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42.
• (2) A student shall not have his or her mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of attendance in a four-year undergraduate program.
• (3) The amount of a student’s tuition or fee waiver pursuant to this subdivision shall be reduced by any state or federal financial aid, including scholarships or grants, received by the student for the academic year or semester, or the equivalent, in which the student receives the tuition or fee waiver pursuant to this subdivision.
• (c) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which he or she applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year.
•  (d) As used in this section, the “national poverty level” is the poverty threshold for one person, as most recently calculated by the Bureau of the Census of the United States Department of Commerce.
•  (e) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of California pursuant to Chapter 1 (commencing with Section 68000) of Part 41."

Permitted Uses for Funding

Cal. Edu. Code § 66025.3

• A campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees or incidental fees

Colorado Data Profile

Colorado: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

C.R.S.A. § 19-2-211

• If all of the boards of commissioners of each county or the city council of each city and county in a judicial district agree, there may be created in the judicial district a local juvenile services planning committee that is appointed by the chief judge of the judicial district or, for the second judicial district, the presiding judge of the Denver juvenile court from persons recommended by the boards of commissioners of each county or the city council of each city and county within the judicial district. The committee, if practicable, must include, but need not be limited to, a representative from the county department of human or social services, a local school district, a local law enforcement agency, a local probation department, the division of youth services, private citizens, the district attorney's office, and the public defender's office and a community mental health representative and a representative of the concerns of municipalities. The committee, if created, shall meet as necessary to develop a plan for the allocation of resources for local juvenile services within the judicial district for the fiscal year. The committee is strongly encouraged to consider programs with restorative justice components when developing the plan. The plan must be approved by the state department of human services. A local juvenile services planning committee may be consolidated with other local advisory boards

Diligent Search Criteria

Timetable for Search

Colo. Rev. Stat. Ann. § 19-3-403

• The court shall order the parents to complete the form affidavit no later than seven business days after the date of the hearing or prior to the next hearing on the matter, whichever occurs first. The court may order the Department of Human Services to exercise due diligence in contacting all grandparents and other adult relatives 30 days following the removal of the child

Notice Procedure and Investigating Ability to Care for Child

Colo. Rev. Stat. Ann. § 19-3-403

• The court may order the Department of Human Services to exercise due diligence in contacting all grandparents and other adult relatives 30 days following the removal of the child and to inform them about placement possibilities for the child.

Method of Searching

Colo. Rev. Stat. Ann. § 19-3-403

• After temporary custody is obtained and at the 72-hour hearing, an affidavit will be given to the parents requiring them to list the names, addresses, and telephone numbers of, and any comments concerning the appropriateness of the child's potential placement with, every grandparent, aunt, uncle, brother, sister, half-sibling, and first cousin of the child; as well as for other relatives and kin who have a significant relationship with the child.

Exceptions for Placement

Colo. Rev. Stat. Ann. § 19-3-403

• The court may order the Department of Human Services to exercise due diligence in contacting all grandparents and other adult relatives 30 days following the removal of the child and to inform them about placement possibilities for the child unless the court determines there is good cause not to contact or good cause to delay contacting the child's relatives, including but not limited to family or domestic violence.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Colo. Rev. Stat. Ann. § 19-3-205

• Up to age 21

Eligibility

Colo. Rev. Stat. Ann. § 19-3-205

• Court retains jurisdiction over all children adjudicated dependent or neglected until age 21, unless juvenile court terminates jurisdiction

Reentry into Care Allowed

Colo. Rev. Stat. Ann. § 19-3-205

• No

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Colo. Rev. Stat. § 27-67-101, 27-67-102, 27-67-103, 27-67-104, 27-67-105, 27-67-109   

• Reauthorizes the Children and Youth Mental Health Treatment Act, provides that children and youth who are categorically eligible for Medicaid and mental health treatment services may need support in identifying clear appeals processes, revises the provision of mental health treatment services for children and youth, reenacts reporting requirements, reestablishes the Child and Youth Mental Health Services Standards Advisory Board, makes appropriations.

Increasing Placement Stability

Kinship Placement Priority

Colo. Rev. Stat. Ann. § 19-5-206, Colo. Rev. Stat. Ann. § 19-1-115(3)(a)

• Birth parent or parents may designate a specific applicant with whom they may wish to place their child for purposes of adoption. The court may waive the assessment and approval requirements in cases where the birth parent or parents have designated the child's grandparent, aunt, uncle, brother, or sister as the person with whom they wish to place their child for purposes of adoption. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.
• Any agency vested by the court with legal custody of a child shall have the right, subject to the approval of the court, to determine where and with whom the child shall live, but this paragraph (a) shall not apply to placement of children committed to the department of human services. In determining where and with whom a child shall live, if in the best interests of the child, preference may be given to the child's grandparent who is appropriate, capable, willing, and available to care for the child.

Subsidized Guardianship

Colo. Rev. Stat. Ann. § 26-5-110

• Establishes that the Guardianship Assistance Program will be utilized to enhance family preservation and provide a permanency option for children who have developed a significant relationship with their foster parent caregiver when reunification and adoption are either unavailable or not appropriate permanency options for the child, and provide stability in safe and stable placements with relatives, kin, and foster parent caregivers in circumstances set forth in this legislation. Program assistance will be given to relatives, kin, and other persons ascribed by the family as having a family-like relationship with the child, and meet the necessary criteria.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

19-7-103

• Foster parents and group home parents must make reasonable efforts to allow a youth in their care to participate in extracurricular, cultural, educational, work-related and personal enrichment activities.

Youth are Entitled to Activities

19-7-103

• Access to extracurricular activities - legislative declaration - rules. (1) (a)  The General Assembly finds and declares that it is important for youth in foster care, excluding those in the custody of the division of youth corrections or a state mental hospital, to have increased access to normative, developmentally appropriate extracurricular activities to help prepare them for independence. Foster parents and group home parents or group center administrators shall make a reasonable effort to allow a youth in their care to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities. On or before July 31, 2012, the Department of Human Services shall promulgate rules for the implementation of this section. The rules shall address policies, including but not limited to waiver of any fingerprint-based criminal history records checks for community entities, excluding all individuals required to obtain a fingerprint-based criminal history records check pursuant to section 26-6-107, C.R.S., providing extracurricular activities and guidelines for determining in what situations it is appropriate to waive fingerprint-based criminal history records checks, to allow youth in foster care, excluding those in the custody of the division of youth corrections or a state mental hospital, who are twelve years of age and older to participate in age-appropriate extracurricular enrichment, social activities, and activities designed to assist those youth to make the transition to independence, build life skills, and enhance opportunities to make positive connections.

Connecticut Data Profile

Connecticut: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

C.G.S.A. § 46b-121n; C.G.S.A. § 46b-121o; C.G.S.A. § 46b-149c

• There is a Juvenile Justice Policy and Oversight Committee. The committee evaluates policies related to the juvenile justice system and is composed of several departments including the Department of Children and Families.
• The Department of Children and Families and the Judicial Department shall work with private providers of services to adopt and adhere to an empirically supported recidivism reduction framework for the juvenile justice system pursuant to this chapter. Such framework shall: (1) Include risk and needs assessment tools; (2) employ treatment matching protocols that assess the needs of the child and risks such child faces; (3) employ cross-agency measurements of program outcomes and training and quality assurance processes; (4) employ program and practice monitoring and accountability; (5) draw from best and evidence-based practices from an inventory of such practices updated by the departments annually; (6) ensure sufficient contract and quality assurance capacity between agencies and private providers; and (7) ensure shared training between agencies and private providers.
• With respect to truancy and other family with service needs cases, the Judicial Branch shall:
  • (1) Coordinate programs and services with other state agencies.
  • (2) Establish protocols in cooperation with the Office of Policy and Management, the Department of Children and Families and the Department of Education for referral to community-based intervention programs prior to referral of a case to the superior court for juvenile matters.
  • (3) Develop and use procedures to evaluate the risk and service needs of children whose cases have been referred to the superior court for juvenile matters.
  • (4) Collaborate with community-based programs."

Alternative Forms of Processing and Detention

C.G.S.A. § 46b-140; C.G.S.A. § 46b-149c

• In determining the appropriate disposition of a child adjudicated as delinquent, the court shall consider: (1) The child's age and intellectual, cognitive and emotional development; (2) the seriousness of the offense, including any aggravating or mitigating factors; (3) the impact of the offense on any victim; (4) the child's record of delinquency; (5) the child's willingness to participate in available programs; (6) the child's prior involvement with the Department of Children and Families as a committed delinquent; (7) the child's prior involvement with juvenile probation; (8) the child's history of participation in and engagement with programming and service interventions; (9) the identified services, programs and interventions that will best address the child's needs and risk of reoffending, as indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence; and (10) the level of supervision indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence.
• With respect to truancy and other family with service needs cases, the Judicial Branch shall:
  • (1) Coordinate programs and services with other state agencies;
  • (2) Establish protocols in cooperation with the Office of Policy and Management, the Department of Children and Families and the Department of Education for referral to community-based intervention programs prior to referral of a case to the superior court for juvenile matters;
  • (3) Develop and use procedures to evaluate the risk and service needs of children whose cases have been referred to the superior court for juvenile matters; and
  • (4) Collaborate with community-based programs.

Diligent Search Criteria

General Search

Conn. Gen. Stat. Ann. § 17a-101m

• Immediately upon the removal of a child from the custody of the child's parent or guardian, the commissioner of Children and Families shall exercise due diligence to identify all adult grandparents and other adult relatives of the child, including any adult relatives suggested by the parents, subject to exceptions due to family or domestic violence.

Placement Review Process

Timetable for Search

Conn. Gen. Stat. Ann. § 17a-101m

• Not later than 30 days after the removal, the commissioner shall provide such grandparents and other relatives with notice that: the child has been or is being removed from the custody of the child's parent or guardian

Notice Procedure and Investigating Ability to Care for Child

Conn. Gen. Stat. Ann. § 17a-101m

• Not later than 30 days after the removal, the commissioner shall explain the options that the relative has under federal, state and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; describes the requirements to obtain a foster care license and for additional services and supports that are available for children placed in such a home; and describes the subsidized guardianship program including eligibility requirements, the process for applying to the program, and financial assistance available under the program.

Method of Searching

Fictive Kin

Conn. Gen. Stat. Ann. § 17a-126

• A fictive kin caregiver is a person who is over the age of 21 and who is not related to the child, but who has an emotionally significant relationship with the child that equates to a familial relationship.

Exceptions for Placement

Conn. Gen. Stat. Ann. § 17a-101m

• Immediately upon the removal of a child from the custody of the child's parent or guardian, the commissioner of Children and Families shall exercise due diligence to identify all adult grandparents and other adult relatives of the child, including any adult relatives suggested by the parents, subject to exceptions due to family or domestic violence.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Conn. Gen. Stat. § 46b-129

• Up to age 21

Eligibility

Conn. Gen. Stat. § 46b-129

• Youth may remain in care until age 21, with the youth’s consent, if youth is enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; enrolled full time in an institution which provides postsecondary or vocational education; or participating full time in a program or activity approved by the commissioner designed to promote or remove barriers to employment. Commissioner has discretion to waive requirements based on compelling circumstances

Supports

Gen. Stat. § 17a-15

• The commissioner shall prepare and maintain a written case plan for care, treatment and permanent placement of every child under the commissioner's supervision, which shall include, but not be limited to, a diagnosis of the problems of each child, the proposed plan of treatment services and temporary placement and a goal for permanent placement of the child, which may include reunification with the parent, transfer of guardianship, adoption or, for a child sixteen years of age or older, another planned permanent living arrangement. The child's health and safety shall be the paramount concern in formulating the plan.

Reentry into Care Allowed

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Services for Children and Families Involved with the Child Welfare System

Conn. Gen. Stat. § 17a-22bb, 17a-22ff

• Requires the development of a plan for meeting children’s mental, emotional and behavioral health needs; requires the inclusion of certain strategies, including school and community-based mental health services integration and early intervention enhancement; provides for collaboration with emergency mobile psychiatric service providers, training of school resource officers, mental health providers, pediatricians and child care providers, home visitation, and a study on nutrition and psychotropic drugs.

Increasing Placement Stability

Kinship Placement Priority

Conn. Gen. Stat. Ann. § 46b-129

• If there is reason to believe that a child is not safe in their family home and commitment should be revoked, the child will be removed, and the commissioner will investigate potential temporary relative caregivers for the child. If it is confirmed that the child was neglected or abused, then the court may vest legal guardianship in the relative caregiver.

Caretaker Involved Practices

Conn. Gen. Stat. Ann. § 17a-98a

• Establishes a Kinship Navigator Program. Such program shall ensure that: (1) When the Department of Children and Families determines that it is in the best interest of the child to be placed with a relative for foster care, the department informs the relative regarding procedures to become licensed as a foster parent, and (2) grandparents and other relatives caring for a minor child are provided with information on the array of state services and benefits for which they may be eligible, including the subsidy program.

Subsidized Guardianship

Conn. Gen. Stat. Ann. § 17a-126

• Establishes a program of subsidized guardianship for the benefit of children in foster care who have been living with relative caregivers, who are licensed foster care providers, and who have been in foster care or certified relative care for not less than six consecutive months. The commissioner shall provide the following subsidies under the subsidized guardianship program: (1) A special-need subsidy, which shall be a lump sum payment for one-time expenses resulting from the assumption of care of the child and shall not exceed two thousand dollars; and (2) a medical subsidy comparable to the medical subsidy to children in the subsidized adoption program. The subsidized guardianship program shall also provide a monthly subsidy on behalf of the child payable to the relative caregiver that is based on the circumstances of the relative caregiver and the needs of the child and shall not exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in licensed foster care. At a minimum, the guardianship subsidy shall continue until the child reaches the age of 18 or the age of 21 if such child is in full-time attendance at a secondary school, technical school or college or is in a state accredited job training program.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Conn. Gen. Stat. Ann. § 17a-114d

• Defines: "Reasonable and prudent parent standard", "Normal childhood activities" and "Age appropriate or developmentally appropriate". A caregiver has the authority to allow a child in his or her care to participate in normal childhood activities that are age appropriate or developmentally appropriate based on the reasonable and prudent parent standard, provided these activities comply with any existing service or safety plans and the parent or guardian of the child has an opportunity to provide input into the development of those service or safety plans. During home visits, the department must document the child's interest in, pursuit of, and participation in normal childhood activities. The department must communicate the opinion of the parents regarding the child's participation in these activities. The department, caregiver, child-placing agency, or the child care facility will not be held liable for any injury during these normal childhood activities unless they cause the injury through gross, willful, or wanton negligence. This section does not remove or limit any existing liability protection in law.

Caregivers are Not Held Liable

Conn. Gen. Stat. Ann. § 17a-114d

• The department, caregiver, child-placing agency, or the child care facility will not be held liable for any injury during these normal childhood activities unless they cause the injury through gross, willful, or wanton negligence. This section does not remove or limit any existing liability protection in law.

Delaware Data Profile

Delaware: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Del. Code tit. 10, § 929

• Custody is terminated at age 18, but court jurisdiction can be extended and certain services may be provided up to age 21

Eligibility

Ann. Code Tit. 29, § 9015

• 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.

Supports

Ann. Code Tit. 29, § 9015

• Payments 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.

Reentry into Care Allowed

Del. Code tit. 10, § 929

• No

Health Oversight of Children in Foster Care

Adverse Childhood Experiences (ACEs)

Services Addressing Trauma

Del. Code Ann. Tit 10,  §1002

• Relates to delinquency proceedings in family court, establishes a minimum age of responsibility in juvenile prosecutions, bars criminal and juvenile delinquency prosecutions of children under a specified age, specifies that such children may be required to participate in any pre arrest diversionary program, and any child believed to be abused, neglected, dependent or in need of mental health services may be referred to the Division of Prevention and Behavioral Health or the Division of Family Services.

Increasing Placement Stability

Kinship Placement Priority

Del. Code Ann. tit. 31 § 356

• The Department of Services for Children, Youth and Their Families (DSCYF) and the Department of Health and Social Services shall establish and operate the Kinship Care Program that promotes the placement of children with relatives when a child needs out-of-home placement, when such placement is in the best interest of the child, and when the child is not in the custody or care of the State.

Caretaker Involved Practices

Del. Code Ann. tit. 31 § 356

• The Kinship Care Program shall partner with the Delaware Helpline to maintain a toll-free telephone line that kinship caregivers and other interested persons may call as a centralized source of information about services provided by the kinship care program and other related services and resources for relatives caring for children.

Subsidized Guardianship

Del. Code Ann. tit. 13 § 2333

• The department, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds the grounds for guardianship have been met as set forth in this chapter and the child was in the custody of the Department and/or the Division for a period of at least 1 year. The amount and duration of the subsidy shall be in the sole discretion of the department.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Del. Code tit. 13, § 2502

• “Reasonable and prudent parent standard” shall mean the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child placed in his or her care while in DSCYF custody to participate in extracurricular, enrichment, cultural, and social activities.

Florida Data Profile

Florida: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Alternative Forms of Processing and Detention

Fla. Stat. Ann. § 985.556

• Prior to transferring a youth to adult court and waiving juvenile jurisdiction a waiver hearing must be held. During this hearing the court shall consider the seriousness of the alleged offense to the community and whether the protection of the community is best served by transferring the child for adult sanctions; whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner. whether the alleged offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted; the probable cause as found in the report, affidavit, or complaint; the desirability of trial and disposition of the entire offense in one court when the child’s associates in the alleged crime are adults or children who are to be tried as adults; the sophistication and maturity of the child; the record and previous history of the child, including:
  • a. Previous contacts with the department, the Department of Corrections, the former Department of Health and Rehabilitative Services, the Department of Children and Families, other law enforcement agencies, and courts.
  • b. Prior periods of probation.
  • c. Prior adjudications that the child committed a delinquent act or violation of law, greater weight being given if the child has previously been found by a court to have committed a delinquent act or violation of law involving an offense classified as a felony or has twice previously been found to have committed a delinquent act or violation of law involving an offense classified as a misdemeanor.
  • d. Prior commitments to institutions."

Reentry Planning for Youth Returning to the Child Welfare System

Fla. Stat. Ann. § 985.461

• Youth served by the department who are in the custody of the Department of Children and Families and who entered juvenile justice placement from a foster care placement, if otherwise eligible, may receive independent living transition services pursuant to s. 409.1451. Court-ordered commitment or probation with the department is not a barrier to eligibility for the array of services available to a youth who is in the dependency foster care system only. For a dependent child in the foster care system, adjudication for delinquency does not, by itself, disqualify such child for eligibility in the Department of Children and Families’ independent living program.

Information and Data Sharing

Fla. Stat. Ann. § 985.047

• For the purpose of assisting in law enforcement administration and decision making, such as juvenile diversion from continued involvement with the law enforcement and judicial systems, the sheriff of the county in which juveniles are taken into custody is encouraged to maintain a central identification file on serious habitual juvenile offenders and on juveniles who are at risk of becoming serious habitual juvenile offenders by virtue of having an arrest record. The central identification file shall contain, but not be limited to, pertinent dependency record information maintained by the Department of Children and Families and delinquency record information maintained by the Department of Juvenile Justice; pertinent school records, including information on behavior, attendance, and achievement; pertinent information on delinquency and dependency maintained by law enforcement agencies and the state attorney; and pertinent information on delinquency and dependency maintained by those agencies charged with screening, assessment, planning, and treatment responsibilities. The information obtained shall be used to develop a multiagency information sheet on serious habitual juvenile offenders or juveniles who are at risk of becoming serious habitual juvenile offenders. The agencies and persons specified in this paragraph shall cooperate with the law enforcement agency or county in providing needed information and in developing the multiagency information sheet to the greatest extent possible.

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

Fla. Stat. Ann. § 409.1454

• The department shall establish a program to pay costs of driver’s education, licensure and insurance, if funds are available. Department shall contract with a not-for-profit to develop procedures for operating and administering the pilot program, including eligibility, application/payment forms, providing technical assistance; annual report to legislature and governor.

Auto Insurance: Reduces Financial Barriers

Fla. Stat. Ann. § 409.1454

• The department shall establish a program to pay costs of driver’s education, licensure and insurance, if funds are available. Department shall contract with a not-for-profit to develop procedures for operating and administering the pilot program, including eligibility, application/payment forms, providing technical assistance; annual report to legislature and governor.

Auto Insurance: Obtaining A Contract

Fla. Stat. Ann. § 743.047

• Removes the disability of nonage of minors provided that the child has reached 16 years of age, has been adjudicated dependent, is residing in an out-of-home placement as defined in s. 39.01, and has completed a driver education program. Requires court authorization. Allows child to make and execute all documents, contracts, or agreements necessary for obtaining motor vehicle insurance as if the child is otherwise competent to make and execute contracts.

Diligent Search Criteria

Fictive Kin

Fla. Stat. Ann. § 39.01 and § 39.6225

• Defines "fictive kin" for the purpose of placement as a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child. Establishes the Guardianship Assistance Program to provide guardianship assistance payments to certain guardians.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Fla. Stat. § 39.6251

• 21; 22 for youth with a disability

Eligibility

Fla. Stat. § 39.6251

• "A child is eligible to remain in licensed care if he or she is:
• Completing secondary education or a program leading to an equivalent credential;
• Enrolled in an institution that provides postsecondary or vocational education;
• Participating in a program or activity designed to promote or eliminate barriers to employment;
• Employed for at least 80 hours per month; or
• Unable to participate in programs or activities listed above 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."

Placement Agreement

Fla. Stat. § 39.6251

• A young adult who is between the ages of 18 and 21 and who has left care may return to care by applying to the community-based care lead agency for readmission through the execution of a voluntary placement agreement.

Supports

Fla. Stat. § 39.6251

• Before approving the residential setting in which the young adult will live, the department or community-based care lead agency must ensure that:
  • The young adult will be provided with a level of supervision consistent with his or her individual education, health care needs, permanency plan, and independent living goals as assessed by the department or lead agency with input from the young adult. Twenty-four hour onsite supervision is not required; however, 24-hour crisis intervention and support must be available.
  • The young adult will live in an independent living environment that offers, at a minimum, life skills instruction, counseling, educational support, employment preparation and placement, and development of support networks. The determination of the type and duration of services shall be based on the young adult’s assessed needs, interests, and input and must be consistent with the goals set in the young adult’s case plan.

Reentry into Care Allowed

Fla. Stat. § 39.6251

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Fla. Stat. Ann. § 394.9082, Fla. Stat. § 39.303

• The Legislature finds that untreated behavioral health disorders constitute major health problems for residents of this state, are a major economic burden to the citizens of this state, and substantially increase demands on the state’s juvenile and adult criminal justice systems, the child welfare system, and health care systems. The legislature finds that behavioral health disorders respond to appropriate treatment, rehabilitation, and supportive intervention. The legislature finds that local communities have also made substantial investments in behavioral health services, contracting with safety net providers who by mandate and mission provide specialized services to vulnerable and hard-to-serve populations and have strong ties to local public health and public safety agencies. The legislature finds that a regional management structure that facilitates a comprehensive and cohesive system of coordinated care for behavioral health treatment and prevention services will improve access to care, promote service continuity, and provide for more efficient and effective delivery of substance abuse and mental health services. It is the intent of the legislature that managing entities work to create linkages among various services and systems, including juvenile justice and adult criminal justice, child welfare, housing services, homeless systems of care, and health care.
• A Child Protection Team that is evaluating a report of medical neglect and assessing the health care needs of a medically complex child shall consult with a physician who has experience in treating children with the same condition.

Services for Children and Families Involved with the Child Welfare System

Fla. Stat. § 39.001

• The department shall maintain a program of family-centered services and supports for medically complex children. The purpose of the program is to prevent abuse and neglect of medically complex children while enhancing the capacity of families to provide for their children's needs. Program services must include outreach, early intervention, and the provision of other supports and services to meet the child's needs. The department shall collaborate with all relevant state and local agencies to provide needed services

Increasing Placement Stability

Caretaker Involved Practices

Fla. Stat. Ann. § 39.5086

• Establishes the kinship navigator program to help relative caregivers and fictive kin in the child welfare system to navigate the broad range of services available to them and the children from public, private, community and faith-based organizations. Authorizes the development of a family-finding program to find and engage as many family members and fictive kin as possible for each child who may help with care or support for the child.

Subsidized Guardianship

Fla. Stat. Ann. § 39.01 and § 39.6225

• Establishes the Guardianship Assistance Program to provide guardianship assistance payments to certain guardians.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Fla. Stat. § 39.4091

• “Age-appropriate” means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity. Age appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group.
• “Caregiver” means a person with whom the child is placed in out-of-home care, or a designated official for group care facilities licensed by the Department of Children and Families pursuant to s. 409.175.
• “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the child’s health, safety, and best interests while at the same time encouraging the child’s emotional and developmental growth, that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, and social activities.

Youth are Entitled to Activities

Fla. Stat. § 39.4091

• Each child who comes into care under this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.

Caregivers are Not Held Liable

Fla. Stat. § 39.4091

• A caregiver as defined in this section is not liable for harm caused to a child in care who participates in an activity approved by the caregiver, provided that the caregiver has acted as a reasonable and prudent parent. This section does not remove or limit any existing liability protection afforded by statute.

Tuition Waivers

Age Range

West’s F.S.A. § 1009.25

• 16 - 28

Other Eligibility Requirements

West’s F.S.A. § 1009.25

• "Student is or was at the time he or she reached age 18 in the custody of the Department of Children and Families; student was adopted from the Department of Children and Families after May 5, 1997; student is or was at the time of reaching age 18 in the custody of a relative; Student is or was at the time of reaching age 18 in the custody of a non-relative; or, student was placed in a guardianship by the court after spending at least six months in the custody of the department after reaching 16 years of age."

Permitted Uses for Funding

West’s F.S.A. § 1009.25

• Tuition, fees, lab fees.

Georgia Data Profile

Georgia: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Crossover Youth

Promoting Cross-System Collaboration

Ga. Code Ann., § 15-11-12

• If a child alleged or adjudicated to be a delinquent child or a child in need of services is also alleged or adjudicated to be a dependent child, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 5 and 6 of this chapter.

Alternative Forms of Processing and Detention

Ga. Code Ann., § 15-11-411

• If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12-hour period described in subsection (a) of this code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control. In making its determination of placement, the court should consider the following placement options:
  • (1) In the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court.
  • (2) Before placing the child in the custody of DFCS, whether the child may be placed with a relative or fictive kin upon such person's promise to bring such child before the court when requested by the court.
  • (3) In the custody of DFCS which shall promptly arrange for foster care of such child.

Driver’s Licensing/Insurance

Auto Insurance: Reduces Financial Barriers

Georgia Code § 45-9-4(d)

• Authorizes the commissioner of administrative services to either to purchase commercial insurance coverage or to self-insure under an existing self-insurance trust fund all foster parents and foster children participating in programs sponsored by the Department of Human Services or in the care and custody of the Department of Human Services upon a request from the commissioner of human services. Commissioner must establish appropriate premiums and limits. Department is authorized to pay the premiums for such insurance from available appropriated funds or other available sources of funds.

Diligent Search Criteria

General Search

Ga. Code Ann § 15-11-211

• Within 30 days after the removal of a child from the custody of the parent or parents, the department shall exercise due diligence to identify a parent or relative or other person who has demonstrated an ongoing commitment to the child.

Placement Review Process

Ga. Code Ann § 15-11-211

• The results of search and notification shall be documented in writing and filed with the court by the time of the first review.

Timetable for Search

Ga. Code Ann § 15-11-211

• Within 30 days after the removal of a child from the custody of the parent or parents, the department shall exercise due diligence to identify a parent or relative or other person who has demonstrated an ongoing commitment to the child.

Notice Procedure and Investigating Ability to Care for Child

Ga. Code Ann § 15-11-211

• All identified adult relatives of the child, subject to exceptions due to family or domestic violence, shall be provided with notice specifying that the child has been or is being removed from parental custody; explaining options to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice; describing the process for becoming an approved foster family home and the additional services and supports available; and describing any financial assistance for which the relative may be eligible.

Method of Searching

Fictive Kin

Ga. Code Ann. 15-11-135, 15-11-146, 15-11-212, 15-11-321, 19-9-142

• Prioritizes the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for the child and it is in the best interests of the child.

Exceptions for Placement

Ga. Code Ann § 15-11-211

• All identified adult relatives of the child, subject to exceptions due to family or domestic violence, shall be provided with notice

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Ga. Code § 15-11-340

• Up to age 21

Eligibility

Ga. Code § 15-11-340

• A child may receive extended care youth services from DFCS if he or she is between 18 and 21 years of age, signs a voluntary placement agreement with DFCS, and meets objective eligibility criteria established by DFCS, which shall include one or more of the following requirements:
  • Be completing secondary education or a program leading to an equivalent credential.
  • Be enrolled in an institution which provides postsecondary or vocational education.
  • Be a participant in a program or activity designed to promote or remove barriers to employment.
  • Be employed for at least 120 hours per month.
  • Be employed for 80 hours per month, provided that he or she is also engaged in one of the first three activities described above or can only work 80 hours per month due to a medical condition.
  • Be incapable f doing any of the activities described above  due t a medical condition.

Placement Agreement

Ga. Code § 15-11-340

• A child may receive extended care youth services from DFCS if he or signs a voluntary placement agreement with DFCS.

Supports

Ga. Code § 15-11-340

• When a child is receiving extended care youth services from DFCS, a DFCS case manager and staff, other representatives of such child and, as appropriate, such child shall develop a transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect.

Reentry into Care Allowed

Ga. Code § 15-11-340

• Yes; A child who is within 12 months of becoming 21 years of age shall not be permitted to sign a voluntary placement agreement with DFCS for extended care youth services.

Increasing Placement Stability

Kinship Placement Priority

Ga. Code Ann. 15-11-135, 15-11-146, 15-11-212, 15-11-321, 19-9-142

• Prioritizes the placement of a child with an adult who is a relative or fictive kin when such individual is qualified to care for the child and it is in the best interests of the child. Provides for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent, guardian, or legal custodian of a child to a kinship caregiver.

Caretaker Involved Practices

Ga. Code Ann. 49-1-8

• Authorizes the Department of Human Services to provide a separate link or portal on its website providing kinship caregivers with information and access necessary to apply for public benefits, and provides for the creation, appointment, and duties of a kinship care enforcement administrator.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Ga. Code § 49-5-3

• 'Reasonable and prudent parent standard' means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in extracurricular, enrichment, cultural, and social activities.

Hawaii Data Profile

Hawaii: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

HRS § 321D-1

• There is established a statewide interdepartmental cluster for services to children within the department of health which shall be comprised of representatives of major child-serving agencies with statewide authority and responsibility. The cluster shall include the department of education, the department of health, the department of human services, the judiciary, the office of the governor, and the office of youth services as regular members.
• The department of health shall staff the cluster and provide an identified place where development and coordination of service plans and programs for the multisystem children having severe emotional and developmental problems may be done on a systematic basis.

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

HI Rev Stat § 286-112

• The application of any person under the age of eighteen years for an instruction permit, provisional license, or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following: If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; provided that the director of human services, or the director's designee, shall sign and verify the application of any applicant who is under foster care; provided further that the department of human services shall not have any liability in the event that the foster child is involved in a motor vehicle accident or a lawsuit arising as a result of the foster child's driving; or If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor.

Auto Insurance: Reduces Financial Barriers

Hawaii Rev. Stat. § 346-17.3, 431:10C-410

• The parents of a child under foster care must pay child's motor vehicle insurance, unless the court determines the parents financially unable to pay, in which case the child's insurance costs shall be paid pursuant to sections 431:10C-407 and 431:10C-410.
• The commissioner shall establish rates for the following classes within the following restrictions:
• (A) For the licensed public assistance driver, as defined in section 431:10C-407(b)(2)(A), or the licensed foster care driver, as defined in section 431:10C-407(b)(2)(C), no premium shall be assessed for the mandatory minimum personal injury protection, bodily injury, or property damage coverages; and all policies shall conform to section 431:10C-407(b)(2)

Diligent Search Criteria

General Search

Haw. Rev. Stat. § 587A-10

• The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child.

Timetable for Search

Haw. Rev. Stat. § 587A-10

• The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child.

Notice Procedure and Investigating Ability to Care for Child

Haw. Rev. Stat. § 587A-10

• The department shall provide the child's relative an application to be the child's resource family within fifteen days of the relative's request to provide foster placement for the child. If the application is submitted and denied, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal. The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child.

Fictive Kin

Haw. Rev. Stat. § 587A-4

• “Hanai relative” means an adult, other than a blood relative, whom the court or department has found by credible evidence to perform or to have performed a substantial role in the upbringing or material support of a child, as attested to by the written or oral designation of the child or of another person, including other relatives of the child.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Haw. Rev. Stat. § 346-392

• Up to age 21

Eligibility

Haw. Rev. Stat. § 346-395

• The young adult was:
  • 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 18.
  • 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.
  • 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
• The young adult voluntarily consents to participate in the young adult voluntary foster care program and meets the program requirements;
• The court finds that exercising jurisdiction under this part is in the young adult's best interest; and
• The young adult is:
  • Completing secondary education or a program leading to an equivalent credential.
  • Enrolled in an institution that 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.
  • Incapable of doing any of the activities described above due to a medical condition, which incapability is supported by regularly updated information in the case plan of the young adult.

Placement Agreement

Haw. Rev. Stat. § 346-396             

• Voluntary care agreement that shall include, at a minimum, the following:
  • The obligation for the young adult to continue to meet the conditions for eligibility described in section 346-395 and the program requirements for the duration of the voluntary care agreement.
  • The young adult's right to terminate the voluntary care agreement at any time.
  • The voluntary nature of the young adult's participation in the young adult voluntary foster care program.

Supports

Haw. Rev. Stat. § 346-400; Rev. Stat. § 587A-3; Code of Rules § 17-1610-2

• A case plan shall, establish goals for the young adult, including those pertaining to education; health; therapy; counseling; a relationship with the young adult's birth family, including visits; cultural connections; independent living; and transition plans; describe services needed to assist the young adult to achieve the goals set forth and describe the methods for achieving the goals and services set forth. Young adults in extended foster care are eligible for all of the same supports and services available to all other youth in foster care.

Reentry into Care Allowed

Haw. Rev. Stat. § 346-396

• Yes, young adults may re-enter if the eligibility criteria and enter into a voluntary care agreement with the department.

Increasing Placement Stability

Kinship Placement Priority

Haw. Rev. Stat. § 587A-10

• The department shall provide the child's relative an application to be the child's resource family within fifteen days of the relative's request to provide foster placement for the child. If the application is submitted and denied, the department shall provide the applicant with the specific reasons for the denial and an explanation of the procedures for an administrative appeal. The department and authorized agencies shall make reasonable efforts to identify and notify all relatives of the child within thirty days after assuming foster custody of the child.

Normalcy/Prudent Parenting Standards

Caregivers are Not Held Liable

Hawaii Rev. Stat. § 346-17

• Any resource caregiver or child caring institution issued a certificate of approval pursuant to this section shall be immune from liability in a civil action to recover damages for injury, death, or loss to a person or property that results by authorizing a child in the caregiver's or institution's foster care to participate in an extracurricular, enrichment, cultural, or social activity; provided that the authorization is in accordance with the reasonable and prudent parent standard as defined in title 42 United States Code section 675(10)(A).

Kansas Data Profile

Kansas: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

Placement Review Process

Kan. Stat. Ann § 38-2286

• If the secretary decides that the child is not to be placed in the home of such grandparent, the secretary shall prepare and maintain a written report providing the specific reasons for such finding.

Fictive Kin

Kan. Stat. Ann. § 38-2255

• Upon determination of a proper order of disposition, children may be placed with a relative of the child or to a person with whom the child has close emotional ties, who shall not be required to be licensed under state licensing requirements. If custody has been awarded to a relative caretaker, or other caretaker, a permanency plan shall be implemented.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Ann. Stat. § 38-2203

• Up to age 21 if no transition plan is in place

Eligibility

Ann. Stat. § 38-2203

• The court may retain jurisdiction over a youth until age 18, or until June 1 of the school year during which the child turned 18 if the child is attending high school. The court may also retain jurisdiction if 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.

Placement Agreement

Supports

Ann. Stat. § 38-2202

• "Transition plan" means, when used in relation to a youth in the custody of the secretary, an individualized strategy for the provision of medical, mental health, education, employment and housing supports as needed for the adult and, if applicable, for any minor child of the adult, to live independently and specifically provides for the supports and any services for which an adult with a disability is eligible including, but not limited to, funding for home and community based services waivers.

Reentry into Care Allowed

• No

Increasing Placement Stability

Kinship Placement Priority

Kan. Stat. Ann. § 38-2255

• Upon determination of a proper order of disposition, children may be placed with a relative of the child or to a person with whom the child has close emotional ties, who shall not be required to be licensed under state licensing requirements. If custody has been awarded to a relative caretaker, or other caretaker, a permanency plan shall be implemented.

Subsidized Guardianship

Kan. Stat. Ann. § 38-324, Kan. Stat. Ann. § 38-147

• A prospective parent seeking adoption support shall be a person who has the character, judgment, sense of responsibility and disposition which makes him or her suitable as an adoptive parent, and who lacks the financial means fully to care for such child. Factors to be considered in setting the amount of payment(s) shall include: size of the family; usual living expenses; special needs of any family members; and the family income.
• By Jan. 1, 2007, and subject to the provisions of appropriation acts, the secretary shall reimburse grandparents in the program for the cost of the care of the grandchild in the amount of $200 per grandchild per month but not to exceed a total of $600 per month. Grandparents annually shall submit to the secretary a sworn statement that the child is living with and receiving support from the grandparents. A child attending a postsecondary educational institution or an institution shall be considered as living with the grandparents. The parent of any child receiving or for which assistance is received through the program shall remain liable for the support of the child as required by law. The secretary may provide continuing counseling for the child and grandparent; may provide ancillary or support services including, but not limited to, respite care, child care, clothing allowances, parenting skills training, childhood immunizations and other health screening and transportation assistance. Eligibility for services pursuant to the program shall be based on the same eligibility criteria used for other benefits provided by the department; and may provide a medical card and other medical assistance to each child.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Kansas § 38-2217

• "Reasonable and prudent parenting standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.

Youth are Entitled to Activities

Kansas 39-§2264

• The secretary shall report to the court the steps the secretary is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parenting standard and that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consultation with the child in an age-appropriate manner about the opportunities of the child to participate in the activities

Tuition Waivers

Age Range

Kansas statute 75-53,112

• Until age 23

Other Eligibility Requirements

Kansas statute 75-53,112

• In the custody of the secretary and in a foster care placement on the date such child attained 18 years of age.
• Released from the custody of the secretary prior to attaining 18 years of age, after having graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate while in foster care placement and the custody of the secretary.
• Adopted from a foster care placement on or after such child's 16th birthday.
• Or, left a foster care placement subject to a guardianship on or after such child's 16th birthday.
• Enrolls in a Kansas educational institution on or after July 1, 2006.

Permitted Uses for Funding

Kansas statute 75-53,112

• Tuition and fees

Idaho Data Profile

Idaho: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Reentry Planning for Youth Returning to the Child Welfare System

Idaho Admin. Code 16.06.02.530.01

• Youth who are receiving services “by, through, or with the authorization” of the Department of Health and Welfare or the Department of Juvenile Corrections prior to turning 18 may remain in continued care.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Idaho Code § 39-1202

• Up to age 21

Eligibility

Idaho Admin. Code 16.06.02.531, 16.06.02.530.02

• To remain in care the youth must sign a voluntary agreement or a court order must authorize continued placement; and there must be an assessment assuring the youth does not jeopardize the health, safety, and wellbeing of other children in the organization’s care; a plan prohibiting the youth in continued care from sharing sleeping quarters with a “child”—defined as an individual under age 18 who is not enrolled in an institution of higher education; documentation verifying the youth was in the care of the organization prior to age 18; and documentation verifying the youth needs continued care in order to complete “treatment, education, or other similar needs.” Youth who are in a licensed care program prior to turning 18, who were not placed by the Department of Health and Welfare or the Department of Juvenile Corrections, may remain in the program for up to 90 days after their 18th birthday, or until the close of the current school year if attending school.

Placement Agreement

Idaho Admin. Code 16.06.02.531

• A signed voluntary agreement to remain in the program, or a copy of a court order authorizing continued placement after the individual's 18th birthday.

Supports

Idaho Admin. Code § 16.06.01.30

• Services, including assessment and planning, provided to eligible youth to promote self-reliance and successful transition to adulthood.

Reentry into Care Allowed

• No

Increasing Placement Stability

Kinship Placement Priority

Idaho Code Ann. § 16-1629(11)

• At any time the department is considering a placement, the department must make a reasonable effort to place the child in the least restrictive environment must consider, consistent with the best interest and special needs of the child, placement priority of the child in the following order: a fit and willing relative; a fit and willing nonrelative with a significant relationship with the child; foster parents and other persons licensed with a significant relationship with the child; and foster parents and other persons licensed in Idaho.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Idaho Code § 16-1602

• “Reasonable and prudent parent standard” means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while simultaneously encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.

Illinois Data Profile

Illinois: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Ill. Comp. Stat. tit. 20 § 505-7(b)

• When the Department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment.

Placement Review Process

Ill. Comp. Stat. tit. Chapter 705 § 405-2-10

• If a child is placed in the temporary custody of the Department of Children and Family Services, the court shall ensure, by inquiring in open court of each parent, guardian or responsible relative, that the parent, guardian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and phone numbers of each of the minor's living adult relatives.

Notice Procedure and Investigating Ability to Care for Child

Ill. Comp. Stat. tit. 20 § 505-7(b)

• When the department first assumes custody of a child, in placing that child under this act, the department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment.

Method of Searching

Ill. Comp. Stat. tit. 20 § 505-7(b)

• The department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file. If the department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, the department must document the basis for that decision and maintain the documentation in the child's case file. If any person files an administrative appeal of the department's decision not to place a child with a relative, the department's must prove that the decision is consistent with the child's best interests. When the department determines that the child requires placement in an environment, other than a home environment, the department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the department determines that those efforts would be futile or inconsistent with the child's best interests. If the department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the department shall document the basis of its determination and maintain the documentation in the child's case file. If the department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the department shall document the basis of its determination and maintain the documentation in the child's case file.

Fictive Kin

Ill. Comp. Stat. tit. Chapter 20 § 505-507

• Defines fictive kin as an individual, unrelated by birth or marriage, who is shown to have significant and close personal or emotional ties with the child or the child's family prior to the child's placement with the individual, including the current foster parent of a child in custody or guardianship of the Department of Children and Family Services if the child has established a significant and family-like relationship with the foster parent.

Exceptions for Placement

Ill. Comp. Stat. tit. 20 § 505-7(b)

• The department may not place a child with a relative, with the exception of certain circumstances which may be waived as defined by the department in rules, if there is a prior criminal conviction of the relative or any adult member of the relative's household for any of the following offenses: certain types of murder and manslaughter; certain sex offenses; kidnapping; aggravated battery of a child; sexual assault; heinous battery; aggravated battery with a firearm; tampering with food, drugs, or cosmetics; drug-induced infliction of great bodily harm; aggravated stalking; home or vehicular invasion; criminal transmission of HIV; criminal abuse or neglect of an elderly or disabled person; child abandonment; endangering the life or health of a child; ritual mutilation; ritualized abuse of a child; or an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Ill. Rev. Stat. ch. 20, § 505/5

• Up to age 21

Eligibility

705 Ill. Comp. Stat. Ann. 405/2-33, Ill. Comp. Stat. Ann. 405/2-23, 20 Ill. Comp. Stat. § 505/5

• Any time prior to a minor's 21st birthday, pursuant to a supplemental petition filed under this Section, the court may reinstate wardship and open a previously closed case when:
  • Wardship and guardianship under this act was vacated upon determination that the youth was over the age 18, determination that the youth was partially or completely emancipated, or automatic termination upon the youth attaining the age of 19 years.
  • The minor is not presently a ward of the court under Article II of this act nor is there a petition for adjudication of wardship pending on behalf of the minor.
  • It is in the minor's best interest that wardship be reinstated.
• A minor between the ages of 18 and 21 may be placed if the court has granted a supplemental petition to reinstate wardship of the minor
• 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 the above, 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. 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

Supports

20 Ill. Comp. Stat. 505/5               

• Department shall provide services “aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship.

Reentry into Care Allowed

705 Ill. Comp. Stat. 405/2-33

• Yes, the court may reinstate wardship over a youth at any time prior to his/her 21st birthday when: wardship and guardianship was vacated by the court upon determination that the youth was over the age 18, determination that the youth was partially or completely emancipated, or automatic termination upon the youth attaining the age of 19 years; the minor is not under the court’s wardship as a delinquent, nor is petition for adjudication of wardship pending; and it is in the minor's best interest that wardship be reinstated.

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Ill. Rev. Stat. § 05 ILCS 5/5-5.4h

• The General Assembly finds it necessary to protect youth in care by requiring the Department to plan the use of managed care services transparently, collaboratively, and deliberately to ensure quality outcomes and accountable oversight. Establishes regulation relating to managed care plan services, relates to children enrolled in a Medicaid managed care plan, requires the department to provide the necessary services that are in the best interest of a child whether they are direct or indirect, provides departmental duties, establishes the Child Welfare Medicaid Managed Care Implementation Advisory Workgroup, provides for public hearings regarding the implementation of managed care services.

Relinquishment of Custody to Obtain Mental Health Services

Ill. Rev. Stat. § 20 ILCS 540

• Establishes the Custody Relinquishment Prevention Act which creates a pathway for families on the verge of seeking services for their child's serious mental illness or serious emotional disturbance through relinquishment of parental custody to the Department of Children and Family Services, despite the absence of abuse or neglect, to receive services through the appropriate State child-serving agency.

Increasing Placement Stability

Kinship Placement Priority

Ill. Comp. Stat. tit. 20 § 505-7(b)

• When the department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment. The department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file. If the department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, the department must document the basis for that decision and maintain the documentation in the child's case file. If any person files an administrative appeal of the department's decision not to place a child with a relative, the department's must prove that the decision is consistent with the child's best interests. When the department determines that the child requires placement in an environment, other than a home environment, the department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the department determines that those efforts would be futile or inconsistent with the child's best interests. If the department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the department shall document the basis of its determination and maintain the documentation in the child's case file.

Caretaker Involved Practices

Ill. Comp. Stat. tit. 20 § 505/39.1, Ill. Comp. Stat. tit. 325 § 42/10

• The Kinship Navigator established under the Kinship Navigator Act shall coordinate the child welfare services administered by the department in relation to kinship care for children and families receiving services under this act with the programs and services established and administered by the Department of Human Services under the Kinship Navigator Act.
• This statue lists the legislative findings and intent behind the Kinship Navigator Act. They include: (3) Kinship caregivers are frequently under substantial physical, psychological, and financial stress. Unrelieved by support services available to the caregiver, this stress may lead to premature or unnecessary institutionalization for the care recipient or deterioration of the health condition and family circumstances of the kinship caregiver. (4) Sudden responsibility for children often precludes kinship caregivers the opportunity to plan basic day to day responsibility. (6) Additional services provided under the Kinship Navigator shall be: organizing diverse, enriched, and culturally conscious kinship support groups and counseling; assisting with applying for benefits within the Illinois Department of Human Services' Family Community Resource Centers for those who qualify; publishing monthly newsletters; coordinating respite and crisis care services; assisting kinship caregivers with job readiness, job search, and job retention; and providing technical assistance to start up kinship support groups.

Subsidized Guardianship

Ill. Comp. Stat. tit. 705 § 405/2-27(1)

• If the court determines and puts in writing the factual basis supporting the determination of whether the parents, guardian, or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor or are unwilling to do so, and that the health, safety, and best interest of the minor will be jeopardized if the minor remains in the custody of his or her parents, guardian or custodian, the court may at this hearing and at any later point: (a) place the minor in the custody of a suitable relative or other person as legal custodian or guardian; (a-5) with the approval of the Department of Children and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; “subsidized guardianship” means a private guardianship arrangement for children for whom the permanency goals of return home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules.

Caseworker Retention

Ill. Rev. Stat. ch. 325 § 70, Ill. Rev. Stat. ch. 20 § 505

• Creates the Strengthening the Child Welfare Workforce for Children and Families Act, creates a task force to study the compensation and workload of child welfare workers to determine the role that compensation and workload play in the recruitment and retention of child welfare workers, and to determine the role that staff turnover plays in achieving safety and timely permanency for children.
• Requires the Department of Children and Family Services to establish a child welfare training academy for child protective investigators and supervisors, to include but shall not be limited to, establishing:
  • training curricula n recognizing and responding to cases of child abuse or neglect.
  • cultural competency training that provides tools and other supports to ensure that a child welfare provider's response to and engagement with families and children of color are conducted or provided in a manner that is responsive to the beliefs, interpersonal styles, attitudes, language, and behaviors of the individuals who are receiving services, and are conducted or provided in a manner that has the greatest likelihood of ensuring maximum success of or participation in the child welfare program or services being provided.
  • laboratory training facilities that include mock houses, mock medical facilities, mock courtrooms, and mock forensic interview rooms that allow for simulated, interactive, and intensive training.
  • minimum standards f competence that a person shall be required to demonstrate prior to receiving certification from the Department.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Rev. Stat. ch. 20, § 505/7.3a

• “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time supporting the child's emotional and developmental growth that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities.

Youth are Entitled to Activities

Rev. Stat. ch. 20, § 505/7.3a

• Each child who comes into the care and custody of the department is fully entitled to participate in appropriate extracurricular, enrichment, cultural, and social activities in a manner that allows that child to participate in his or her community to the fullest extent possible.

Caregivers are Not Held Liable

Rev. Stat. ch. 20, § 505/7.3a

• A caregiver is not liable for harm caused to a child in out-of-home care who participates in an activity approved by the caregiver, provided that the caregiver has acted as a reasonable and prudent parent in permitting the child to engage in the activity.

Tuition Waivers

Age Range

Ill. Adm. Code 312.100

• 16 - 23

Other Eligibility Requirements

Ill. Adm. Code 312.100

• "Currently in care, aged out of care at 18, in care immediately before being adopted or in the KinGap program
• Applicant must be at least 16 years of age and have earned a high school diploma from an accredited institution, or a General Education Development certificate/diploma, or have met the State criteria for high school graduation by the end of the current school year.
• The department must have court-ordered legal responsibility for the applicant
• The applicant must have aged out of the department's care at age 18 or older
• The department must have had legal responsibility for the applicant immediately prior to the adoption being finalized
• Or the applicant must be in the KinGap Program.
• Minimum 12 credit hours per semester.
• Maintain a C grade point average."

Permitted Uses for Funding

Ill. Adm. Code 312.100

• Tuition, mandatory fees, monthly grant, summer grant. Scholarships do not cover room, board, or dormitory fees.

Indiana Data Profile

Indiana: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Reentry Planning for Youth Returning to the Child Welfare System

Ind. Dep’t of Child Servs., Child Welfare Policy §18

• Eligible youth include youth who are Child in Need of Services (CHINS) and Probation youth 18 years of age and older who received foster care under a court order on the day the older youth turned 18

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

IC 9-24-3-1

• Allows an individual who is at least 16 years of age but less than 18 years of age and is under the care and supervision of the department of child services (department) to: obtain an identification card, learner's permit, or operator's license without paying a fee.

Driver's License: Obtaining Permission

IC 9-24-3-2.5

• Allows 16-18-year-old youth in care to complete driving practice with individuals approved by the department.

Auto Insurance: Obtaining A Contract

IC 9-24-9-4.1

• Allows 16-18-year-old youth in care to contract for a policy of motor vehicle insurance. Note that neither foster parent nor department is required to cover the costs of auto insurance.

Diligent Search Criteria

Timetable for Search

Ind. Code. Ann. § 31-34-3-4.5

• When a child is removed from the home, the department must notify adult relatives of the removal within 30 days and provide information about how to become a foster parent and available adoption and guardianship subsidies.

Notice Procedure and Investigating Ability to Care for Child

Ind. Code. Ann. § 31-34-3-4.5

• When a child is removed from the home, the department must notify adult relatives of the removal within 30 days and provide information about how to become a foster parent and available adoption and guardianship subsidies.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Ind. Code §31-28-5.8-4

• Up to age 20

Eligibility

Ind. Code §31-28-5.8-5, 465 Ind. Admin. Code 2-15.1-11

• Received foster care under a court order on the day the older youth turned 18, is eligible to remain in care until age 20 by entering into a collaborative care agreement. The older youth also must be a bona fide resident of Indiana and employed for at least eighty (80) hours per month; attending secondary school, post-secondary school, or a vocational or educational certification or degree program; participating in a program or activity designed to either promote employment or remove barriers to employment; or incapable of performing any of the activities above due to a medical condition documented by regularly updated information in the older youth's current case plan.

Placement Agreement

Ind. Code § 31-28-5.8-2, 465 Ind. Admin. Code 2-15.1-10          

• “Collaborative care agreement” means a voluntary agreement that is signed by the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth; is approved by a juvenile court under this chapter; includes provisions required or authorized under the department's rules concerning collaborative care services; and may be amended by agreement between the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth without review or approval by the court.
• The agreement must include, at a minimum, terms and conditions of program participation; a housing arrangement or placement of the older youth approved by the department under this program; program eligibility criteria; youth's choice regarding appointment of a court appointed special advocate or guardian ad litem; collaborative care court requirements and expectations; process and basis for voluntary and involuntary termination of the agreement; rules of conduct for youth participating in the collaborative care program; and effective date of youth's entry into collaborative care program.

Supports

IC 31-25-2-21

• “Transitional services plan” means a plan that provides information concerning the following to an individual: education. Employment, housing, health care, including information concerning the individual's eligibility and participation in the Medicaid program, development of problem-solving skills, and available local, state, and federal financial assistance. A transitional services plan shall contain a document that describes the rights of the individual with respect to education, health, visitation, and court participation; the right to be provided with the individual's medical documents and any other medical information;  and the right to stay safe and avoid exploitation.

Reentry into Care Allowed

465 Ind. Admin. Code 2-15.1-18

• Yes

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Indiana Code Title 12. Human Services § 12-15-2-16.2

• Sets forth Medicaid eligibility for individuals who are at least 18 years of age or emancipated, received foster care in the state and are less than 26 years of age.

Increasing Placement Stability

Kinship Placement Priority

Ind. Code Ann. § 31-34-4-2

• If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter and the court orders out-of-home placement, the department is responsible for that placement and care and must consider placing the child with a suitable and willing blood or an adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling; de facto custodian; or stepparent; before considering any other out-of-home placement. Before such a placement, the department shall complete an evaluation based on a home visit and conduct a criminal history check of each person who is currently residing in the location.

Subsidized Guardianship

Ind. Code Ann. §31-19-26.5-5

• The amount of adoption subsidy payments under this chapter may not exceed the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time: (1) the adoption subsidy agreement is made; or (2) the subsidy is payable under the terms of the agreement; whichever is greater.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Ind. Code § 31-9-2-101.5

• "Reasonable and prudent parent standard," means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child.

Iowa Data Profile

Iowa: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Iowa Code Ann. § 232.84

• Within 30 days after custody of a child is transferred to an agency for placement, the agency shall exercise due diligence in identifying and providing notice to the child's grandparents, aunts, uncles, adult siblings, parents of the child's siblings, and adult relatives suggested by the child's parents, subject to exceptions due to the presence of family or domestic violence.

Timetable for Search

Iowa Code Ann. § 232.84

• Within 30 days after custody of a child is transferred to an agency for placement, the agency shall exercise due diligence in identifying and providing notice to the child's grandparents, aunts, uncles, adult siblings, parents of the child's siblings, and adult relatives suggested by the child's parents, subject to exceptions due to the presence of family or domestic violence.

Notice Procedure and Investigating Ability to Care for Child

Iowa Code Ann. § 232.84, § 600.8

• The notice content shall include but is not limited to all of the following: a. A statement that the child has been or is being removed from the custody of the child's parent or parents. b. An explanation of the options the relative has under federal, state, and other law to participate in the care and placement of the child on a temporary or permanent basis. The options addressed shall include but are not limited to assistance and support options, options for participating in legal proceedings, and any options that may be lost by failure to respond to the notice. c. A description of the requirements for the relative to serve as a foster family home provider or other type of care provider for the child and the additional services, training, and other support available for children receiving such care. d. Information concerning the option to apply for kinship guardianship assistance payments.
• If the prospective adoption petitioner is a relative within the fourth degree of consanguinity who has assumed custody of a minor person to be adopted, a pre placement investigation of this petitioner and a report of the investigation may be completed at a time established by the juvenile court or court or may be waived as provided in subsection 12.

Exceptions for Placement

Iowa Code Ann. § 232.84

• Within 30 days after custody of a child is transferred to an agency for placement, the agency shall exercise due diligence in identifying and providing notice to the child's grandparents, aunts, uncles, adult siblings, parents of the child's siblings, and adult relatives suggested by the child's parents, subject to exceptions due to the presence of family or domestic violence.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Iowa Stat. § 234.46

• Up to age 20

Eligibility

Iowa Stat. § 234.46

• The person is a resident of this state.
• The person is age 18, 19 or 20.
• At the time the person became age 18, 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.
• 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:
• The person attends an accredited school full-time pursuing a course of study leading to a high school diploma.
• The person attends an instructional program leading to a high school equivalency diploma.
• The person is enrolled in or pursuing enrollment in a postsecondary education or training program or work training.
• The person is employed or seeking employment.

Placement Agreement

Admin. Code § 441-202.3

• When the voluntary placement is of a child who is under the age of 18, a voluntary Foster Care Placement Agreement, Form 470-0715, shall be completed and signed by the parent(s) or guardian and the county office where the parent or guardian resides. Voluntary Foster Care Placement Agreements shall not be used to place children outside Iowa and shall not be signed with parents or guardians who reside outside Iowa. Voluntary Foster Care Placement Agreements shall terminate if the child's parent or guardian moves outside Iowa after the placement. Voluntary placement of a child aged 18 or older may be granted for six months at a time.

Supports

Admin. Code § 441-202.9

• The two types of supervised apartment living arrangements are as follows:
  • A cluster setting, which provides support in a structured setting. Up to six children reside in apartments or bedrooms in one building (such as an apartment building or residential housing), supervised by one agency. The supervising agency must have an adult staff member present and available on site in the living arrangement at any time when more than one child is present.
  • A scattered-site setting, which is the less restrictive of the two types of living arrangements. Up to three children supervised by one agency may reside in individual housing arrangements, such as apartments or residential housing, located in one building. Children must be able to contact supervising agency staff 24 hours a day, seven days a week.
• If an agency rents an apartment to the child, there shall be a signed lease between both parties that includes, but is not limited to amount to be paid for the rental unit; the term of the lease with both a beginning and an ending date rights and responsibilities of the tenant; rights and responsibilities of the landlord; conditions under which the lease can be terminated.
• The child must have an approved living situation that meets the following minimum standards, comply with applicable state and local zoning, fire, sanitary and safety regulations; be located so as to provide reasonably convenient access to schools, places of employment, and services and supports required by the child; be reasonably priced so as to fit within the child's budget.
• To ensure that the supervised apartment living arrangement is meeting the child's needs, required services shall be provided directly by the department or purchased from an agency that has a contract with the department to provide supervised apartment living foster care services. The following services are required:
  • Development of a case or service plan that documents the following, goals, intended to meet the specific needs of the child to achieve self-sufficiency, with projected dates of accomplishment; objectives (action steps) to be taken by the child, the child's support system, and staff, with projected dates of accomplishment; services to be provided and activities to be undertaken, the frequency of such services, who will provide the services, the child's progress with the goals and objectives, and the child's compliance with the service plan; a budget, developed with the child, based upon the child's monthly stipend payment, any start-up allowance, any earned or unearned incomes and financially related assistance (e.g., food assistance). Staff will work with the child to ensure payment of bills and receipt of necessary items as outlined in the budget.
  • Life skills training includes training of "hard" skills (e.g., money management, self-care and hygiene, physical and mental health care, skills related to educational and employment goals, housing and home management, time management, accessing community resources) and training of "soft" skills (e.g., decision making, problem solving, developing healthy relationships, self-advocacy). If a child needs a specific life skills training service or services (e.g., parenting skill development, counseling services to reduce stress and social, emotional, or behavioral problems that affect the child's stability or ability to achieve self-sufficiency) in addition to basic life skills training services and services are purchased, the department worker will specify the necessary services under special provisions on the Placement Agreement and Service Authorization for Supervised Apartment Living (SAL).
  • Through visits with the child and to the living situation, determination and documentation that, the living arrangement and mode of living are safe and suitable and provide an environment that allows for the child's social and emotional needs to be met; and there is no reasonable cause to believe that the child's living situation or mode of living presents any unacceptable risks to the child's health or safety; and the child has access to a telephone; and there is an operating smoke alarm on each level of occupancy; and the child is receiving any necessary medical care; and the child is receiving appropriate and sufficient services and supports to achieve the child's goals and facilitate objectives according to the child's service plan.
  • Supervision to assist the child in developing the needed structure to live in the supervised apartment living setting and in locating and using other needed services. For a child aged 18 or older, supervision shall include a minimum of biweekly (every other week) face-to-face contacts. Supervision may include guidance, oversight, and behavior monitoring.
  • Ongoing assessment activities to monitor the child's ability to achieve self-sufficiency.
  • If services are purchased, visits by the department
  • If services are purchased, compliance by the provider with all reporting requirements as required by the provider's contract with the department, including requirements for the individual service plan, quarterly reports, and a termination summary.

Reentry into Care Allowed

Admin. Code § 441-202.3

• Yes, up to age 20 and only for the purpose of completing high school or an equivalent program

Increasing Placement Stability

Kinship Placement Priority

Iowa Code Ann. § 232.84

• Within thirty days after custody of a child is transferred to an agency for placement, the agency shall exercise due diligence in identifying and providing notice to the child's grandparents, aunts, uncles, adult siblings, parents of the child's siblings, and adult relatives suggested by the child's parents, subject to exceptions due to the presence of family or domestic violence.

Caretaker Involved Practices

Iowa Code Ann. § 232.84

• The notice content shall include but is not limited to all of the following: A description of the requirements for the relative to serve as a foster family home provider or other type of care provider for the child and the additional services, training, and other support available for children receiving such care. Information concerning the option to apply for kinship guardianship assistance payments.

Subsidized Guardianship

Iowa Code Ann. § 600.17

• The department of human services shall, within the limits of funds appropriated to the department of human services and any gifts or grants received by the department for this purpose, provide financial assistance to any person who adopts a child with physical or mental disabilities or an older or otherwise hard-to-place child, if the adoptive parent has the capability of providing a suitable home for the child but the need for special services or the costs of maintenance are beyond the economic resources of the adoptive parent.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Iowa Code § 237.1

• “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parenting decisions that maintain the health, safety, and best interests of a child, while at the same time encouraging the emotional and developmental growth of a child, that a caregiver shall use when determining whether to allow a child in foster care under the placement, care, or supervision of the department to participate in extracurricular, enrichment, cultural, or social activities. For the purposes of this subsection, “caregiver” means an individual or an agency licensed under this chapter with which a child in foster care has been placed or a juvenile shelter care home approved under chapter 232 in which a child in foster care has been placed.

Tuition Waivers

Age Range

I.C.A. § 261.6

• 18 - 23

Other Eligibility Requirements

I.C.A. § 261.6

• In a licensed foster care placement, under the care and custody of the department of human services or juvenile court services, or in foster care prior to being legally adopted after reaching age 16, or court ordered to live with a relative or other suitable person, or placed in the state training school or the Iowa juvenile home.

Permitted Uses for Funding

I.C.A. § 261.6

• Expenses associated with attending an approved postsecondary education or training program in this state, to include tuition and fees, books and supplies, child care, transportation, housing, and other approved expenses.
• If a participant is attending on less than a full-time basis, assistance provisions shall be designed to cover tuition and fees and books and supplies, and assistance for other expenses shall be prorated to reflect the hours enrolled.

Kentucky Data Profile

Kentucky: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

KRS 186.450 and 186.470

• Allows a minor who is in custody to sign an application for an operator's license.

Diligent Search Criteria

Notice Procedure and Investigating Ability to Care for Child

Ky. Rev. Stat. Ann. § 199.462

• Before an applicant is approved to provide foster care or relative caregiver services to a child, or approved to receive a child for adoption, the Cabinet for Health and Family Services shall: require a criminal background investigation of the applicant and any of the applicant's adult household members by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation; or Request from the Justice and Public Safety Cabinet records of all conviction information for the applicant and any of the applicant's adult household members.

Fictive Kin

Ky. Rev. Stat. Ann. 199.011

• Defines fictive kin as an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child. Recognizes fictive kin as an appropriate placement option.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Ky. Rev. Stat. § 620.140

• Up to age 21

Eligibility

Ky. Rev. Stat. § 620.140

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

Supports

Kentucky Admin. Code Tit. 922, § 1:340

• Maintain and teach independent living skills including, money management and consumer awareness; job search skills; job retention skills; educational planning; community resources; housing; transportation; emergency and safety skills; legal skills; interpersonal skills, including communication skills; health care, including nutrition; human development, including sexuality; food management, including food preparation; maintaining personal appearance; housekeeping; leisure activities; voting rights and registration; registration for selective service, if applicable; self-esteem; anger and stress management; problem-solving skills; and decision-making and planning skills.

Reentry into Care Allowed

Ky. Rev. Stat. § 620.140

• Yes, up to age 19

Increasing Placement Stability

Kinship Placement Priority

Ky. Rev. Stat. Ann. § 199.470

• No petition for adoption shall be filed unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by a child-placing institution or agency, or by the cabinet, or the child has been placed with written approval of the secretary; but no approval shall be necessary in the case of: A child sought to be adopted by a stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt, or great uncle; however, the court in its discretion may order a report in accordance with Ky. Rev. Stat. Ann. 199.510 and a background check.

Subsidized Guardianship

Ky. Rev. Stat. Ann. § 199.555, Ky. Rev. Stat. Ann. § 605.120, Ky. Rev. Stat. Ann. § 205.220

• "State-funded adoption assistance" means payment of a monthly payment to assist in meeting the special needs of a child. The assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses.
• To the extent funds are available; the cabinet may establish a program for kinship care that provides a more permanent placement with a qualified relative for a child that would otherwise be placed in foster care due to abuse, neglect, or death of both parents. The cabinet shall promulgate administrative regulations which shall include uniform conditions and requirements regarding eligibility requirements for the kinship caregiver and the child, financial assistance and payment rates, and support services and case management services that may be provided to the kinship caregiver or the child.
• The program in this state is known as Kentucky Transitional Assistance Program (K-TAP). Payments of public assistance grants for eligible individuals shall be made at the time and in the manner prescribed by regulation to: The parent or relative with whom a needy child lives.

Caseworker Retention

Ky. Rev. Stat. § 199.461

• If the monthly regional, county, or statewide caseload average for social service workers exceeds twenty-five (25) active cases for ninety (90) consecutive days, the department shall report the fact to the governor and to the Legislative Research Commission together with a description of the factors contributing and shall make recommendations. The report shall include, by county and region, social service worker caseload averages; the number of established social service worker positions; and the number of vacant social service worker positions.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Ky. Rev. Stat. § 199.011

• “Reasonable and prudent parent standard” has the same meaning as in 42 U.S.C. sec. 675(10)

Tuition Waivers

Eligibility

KRS § 164.2847

• Foster or adopted child who is a full-time or part-time student who meets entrance requirements and maintains academic standards and if:
  • The student who is an adopted child was in custody of the cabinet. If such child lives outside Kentucky, the child may apply for a waiver up to the amount of tuition for a Kentucky resident.
  • The cabinet was the student’s legal custodian on his or her 18th birthday.
• A Department of Juvenile Justice foster child is also eligible who meets all entrance requirements and maintains academic progress and obtains a recommendation from the Department, and if:
  • The student has not been sentenced to the Department under KRS Chapter 640 as a youthful offender.
  • The student has been committed to the department for at least 12 months.
  • The student is in an independent living program funded by the department.
  • The student’s biological parents’ rights have been terminated.
  • Or the was committed to the cabinet prior to a commitment to the Department of Juvenile Justice.
  • The student’s family receives state-funded adoption assistance.
  • The student is committed to the cabinet and placed in a family foster home.
  • The student is in an independent living program funded by the Cabinet. The student must complete a FAFSA to determine the eligibility and level of need for state and federal financial aid.
• The student shall be eligible for the tuition waiver:
  • For entrance to the institution for a period of no more than four (4) years after the date of graduation from high school; and,
  • For a period of five (5) years after first admittance to any Kentucky institution if satisfactory progress is achieved or maintained.
  • If the sum of the tuition waiver plus other student financial assistance, except loans and the work study program, from all sources exceeds the student's total cost of attendance, the tuition waiver shall be reduced by the amount exceeding the total cost of attendance.
• Eligibility is extended if student was unable to enroll in or complete an academic term due to serving in the U.S. Armed Forces, as an officer of the U.S. Public Health Service or in the Peace Corps or Americorps.

Permitted Uses for Funding

KRS § 164.2847

• Tuition and mandatory fees

Louisiana Data Profile

Louisiana: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Crossover Youth

Promoting Cross-System Collaboration

LSA-R.S. 46:2758.1

• Louisiana created the Coordinated System of Care to better leverage the monies flowing into juvenile mental health services for youths with severe disturbances. Opportunities exist and should be pursued for greater collaboration and sharing of information across all systems to benefit such youths.

Diligent Search Criteria

General Search

La. Rev. Stat. Ann. § 46:286.1

• When a child has been removed from his home and is in the care, custody, or guardianship of the office of children and family services, the office shall make reasonable attempts to place the child with a relative for kinship foster care.

Notice Procedure and Investigating Ability to Care for Child

La. Rev. Stat. Ann. § 46:286.1, La. Child. Code Ann. art. 1252

• A person shall be eligible to become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other individual residing in the prospective parent's home.
• The department need not investigate the proposed intrafamily adoption except upon order of the court. If the court orders an investigation, it may request any information which it deems relevant and require that the department submit a confidential report of its findings to the court.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Pending

Age Range

Louisiana R.S. 46:288.2

• Up to age 21

Eligibility

Louisiana R.S. 46:288.3

• The department may provide extended foster care services for a youth who satisfies one of the following conditions for eligibility: (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 employment or remove barriers to employment. (4) Employed for at least eighty hours per month. (5) Is incapable of doing any part of the activities in Paragraphs (1) through (4) of this Subsection due to a medical condition. A medical condition invoked pursuant to this paragraph shall be documented and supported by regularly updated information in the youth's case plan.

Placement Agreement

Louisiana R.S. 46:288.4

• If a youth chooses to participate in extended foster care services and9meets the eligibility criteria set forth in R.S. 46:288.3(A), the department and the youth shall sign an extended foster care voluntary placement agreement that shall include, at a minimum, the following: (1) The obligation for the youth to continue to meet the conditions for eligibility set forth in R.S. 46:288.3(A) for the duration of the voluntary extended foster care agreement. (2) Any obligation considered necessary by the department for the youth to continue to receive extended foster care services if the youth is eligible for those services. (3) Any obligation considered necessary by the department to facilitate the youth's continued success in the program. (4) Termination of an extended foster care voluntary placement agreement and program participation as set forth in R.S. 46:288.8.22 (5) The voluntary nature of the youth's participation in receiving extended foster care services. (6) The opportunity for a fair hearing if the youth believes that he has been denied extended foster care services or that his request has not been acted upon with reasonable promptness

Reentry into Care Allowed

• No

Health Oversight of Children in Foster Care

Services Addressing Trauma

La. Ch.C. Art. 1427 and La. Ch.C. Art. 1431

• Relates to minors who are mentally ill or suffering from substance abuse and in need of immediate medical treatment, relates to procedures pursuant to issuance of a physician's emergency certificate for treatment of a minor, relates to transportation of a child in whose name an emergency certificate has been issued, authorizes certain persons to accompany the child during such transportation.

Increasing Placement Stability

Kinship Placement Priority

La. Rev. Stat. Ann. § 46:286.1

• When a child has been removed from his home and is in the care, custody, or guardianship of the office of children and family services, the office shall make reasonable attempts to place the child with a relative for kinship foster care.

Subsidized Guardianship

La. Rev. Stat. Ann. § 46:286.1, La. Rev. Stat. Ann. § 46:237

• If the relative is approved by the office to provide foster care services, in accordance with rules and regulations adopted by the Department of Children and Family Services regarding foster care services and a placement with the relative is made, the relative shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in service.
• There is hereby established a Kinship Care Subsidy Program in the office of children and family services of the Department of Children and Family Services, for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives. To be eligible to qualify for a subsidy under the program, a kinship caregiver of a minor relative shall meet the following requirements: (1) Possess or obtain, within one year of enrolling in the program, legal custody or guardianship of a minor relative who is living in his home. (2) Have an annual income of less than one hundred fifty percent of the federal poverty threshold, in accordance with the size of the family applying for the subsidy. (3) Apply for benefits through the Family Independence Temporary Assistance Program (FITAP). (4) Have neither of the minor relative's parents residing in applicant's household. (5) Agree to pursue the enforcement of child support obligations against the parents of the minor relative with the assistance of the Department of Children and Family Services in accordance with applicable law.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

La. Rev. Stat. § 46:283

• "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, social and sporting activities.

Maine Data Profile

Maine: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Me. Rev. Stat. Ann. tit. 22 § 4036-B

• The department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian, to the following relatives: all grandparents; all parents of a sibling of the child who have legal custody of the sibling; and other adult relatives of the child, including any other adult relatives suggested by the parents. For the purposes of this subsection, “sibling” includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights, such as the death of a parent. Failure to comply with this provision does not affect service on a parent or custodian.

Timetable for Search

Me. Rev. Stat. Ann. tit. 22 § 4036-B

• The department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian

Exceptions for Placement

Me. Rev. Stat. Ann. tit. 22 § 4036-B

• Except as required by family or domestic violence safety precautions, the department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

Age Range

Me. Rev. Stat. Ann. tit. 22, § 4037-A

• Up to age 21

Eligibility

Me. Rev. Stat. Ann. tit. 22, § 4037-A

• 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:
  • Is enrolled in secondary school or its equivalent or is enrolled in postsecondary or career and technical school;
  • Is participating in a program or activity that promotes employment or removes barriers to employment;
  • Is employed for at least 80 hours per month; or
  • 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.

Increasing Placement Stability

Kinship Placement Priority

Me. Rev. Stat. Ann. tit. 22 § 4005-E(2)

• A relative who is designated as an interested person or a participant or who has been granted intervenor status may request the court to order that the child be placed with the relative. A relative who has not been designated as a participant may make the request for placement in writing. In making a decision on the request, the court shall make placement with a relative a priority for consideration for placement if that placement is in the best interests of the child and consistent with section 4003. There is a rebuttable presumption that the relative would create a situation of jeopardy for the child if any contact were to be permitted and that contact is not in the best interest of the child if the court finds that the relative has been convicted of one of the listed offense. The relative seeking visitation with or access to the child may produce evidence to rebut the presumption.

Subsidized Guardianship

Me. Rev. Stat. Ann. tit. 22 § 4038-D

• This statute establishes the Guardianship Subsidy Program. The department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that the department receives pursuant to those Titles. Subject to rules adopted to implement this section, the department may provide subsidies for a child who is placed in a permanency guardianship or in a similar status by a Native American tribe, when reasonable but unsuccessful efforts have been made to place the child without guardianship subsidies and if the child would not be placed in a permanency guardianship without the assistance of the program. The amount of a guardianship subsidy may vary depending upon the resources of the permanency guardian, the needs of the child and the availability of other resources. The amount may not exceed the total cost of caring for the child if the child were to remain in the care or custody of the department, without regard to the source of the funds. Subject to rules adopted by the department, legal expenses of up to $2,000 per child, including attorney's fees and travel expenses. A guardianship subsidy may be provided for a period of time based on the needs of a child. The subsidy may continue until the termination of the permanency guardianship or until the permanency guardian is no longer caring for the child, at which time the guardianship subsidy ceases. If the child has need of educational benefits or has a physical, mental or emotional handicap, the guardianship subsidy may continue until the child has attained 21 years of age if the child, the parents and the department agree that the need for care and support exists.

Maryland Data Profile

Maryland: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

Notice Procedure and Investigating Ability to Care for Child

Md. Code Ann., [Cts. & Jud. Pro.] § 3-819.2

• The family court may grant custody and guardianship to a relative or a nonrelative under this subtitle. An order granting custody and guardianship to an individual under this section terminates the local department's legal obligations and responsibilities to the child. A guardian appointed under this subtitle has legal custody of the child unless the court that appoints the guardian gives legal custody to another person. After granting custody and guardianship to an individual under this section, the court may order any further reviews that the court determines to be in the child's best interests. Before granting custody and guardianship under this section, the court shall consider: (i) any assurance by the local department that it will provide funds for necessary support and maintenance for the child; (ii) all factors necessary to determine the best interests of the child; and (iii) a report by a local department or a licensed child placement agency, completed in compliance with regulations adopted by the Department of Human Resources, on the suitability of the individual to be the guardian of the child. The report shall include a home study; child protective services history; criminal history records check; and a review of the proposed guardian's physical and mental health history. In determining whether to grant custody and guardianship, a disability of the relative or nonrelative is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Md. Code Regs. 07.02.11.04

• Up to age 21

Eligibility

Md. Code Regs. 07.02.11.04

• Completing secondary education or a program leading to an equivalent credential; enrolled in an institution that 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, which incapability is supported by regularly updated information in the case plan of the child.

Placement Agreement

Md. Code Regs. 07.02.11.06

• The child who continues to require out-of-home placement at the end of 180 calendar days of placement pursuant to a time-limited voluntary placement written agreement may remain in out-of-home placement only if a juvenile court has committed the child to the custody or guardianship of a local department.

Supports

Md. Code Regs. 07.02.10.09

• Youth transitional services for a youth in out-of-home placement include, identification of the need for vocational, educational, or specialized training to the youth in obtaining independence; instruction in basic living skills, such as:
  • Decision making and time management; educational and vocational planning; home emergency and safety; housing acquisition and management; personal hygiene; physical and mental health care; substance abuse prevention; preventive health activities (including smoking avoidance and pregnancy prevention); understanding legal issues; selecting positive leisure activities; money management and consumer awareness; nutrition and meal planning; parenting; effective social interactions; using transportation; and activities of daily living.
  • Assistance in seeking and maintaining employment, including techniques for: job searching; interviewing; selecting appropriate attire for the workplace; and practicing work place etiquette including:
  • Relationships with coworkers; appropriate language; employer/employee relationships; and attendance and punctuality; and
  • Assistance in, identifying and accessing community resources; and developing a support network.
• To ensure that youth participating in youth transitional services are provided personal and emotional support as they make the transition to successful adulthood, referrals shall be made to appropriate mentoring partners to foster positive mentoring relationships between youth and dedicated adults.

Reentry into Care Allowed

Md. Code Reg. 07.02.11.06

• Yes, youth must apply for reentry prior to the age of 20 years and 6 months

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Md. Human Services Code Ann. Title 8, Subtit. 11, Md. Human Services Code Ann. § 8-1101, Md. Human Services Code Ann. § 8-1102, and Md. Human Services Code Ann. § 8-1103

• Establishes a state medical director for Children Receiving Child Welfare Services, provides for the appointment of the State Medical Director, establishes certain qualifications for the state medical director, establishes certain responsibilities of the state medical director, provides for access to certain confidential information and records, establishes a Centralized Comprehensive Health Care Monitoring Program for children in out of home placement.

Services for Children and Families Involved with the Child Welfare System

Md. Health - General Code Ann. § 15-103

• Authorizes the Medical Assistance Program, as permitted by federal law, to provide dental care for certain former foster care adolescents, requires the Department of Health and Mental Hygiene to apply to the Centers for Medicare and Medicaid Services for a certain waiver.

Increasing Placement Stability

Kinship Placement Priority

Md. Code Ann., [Cts. & Jud. Pro.] § 3-823

• At a permanency planning hearing, the court shall determine the child's permanency plan, consistent with the best interests of the child, may be, in descending order of priority: 1. reunification with the parent or guardian; 2. placement with a relative for adoption or custody and guardianship under § 3-819.2 of this subtitle.

Subsidized Guardianship

Md. Code Ann., [Fam. Law] § 5-410

• Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy. In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy. A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree. The nature, amount, and duration of the subsidy shall be determined by: the needs of the child because of the child's special circumstances; and the availability of other resources to meet the child's needs. The subsidy shall be in an amount that is not more than: the allowable amount for a child under foster family care; in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or if the subsidy is for a special service, a reasonable fee for that service.

Tuition Waivers

Age Range

§15–106.1

• Until age 25

Other Eligibility Requirements

§15–106.1

• Waiver is available to foster care youth and unaccompanied homeless youth enrolled in a Maryland public institution of higher education.
• Must file a FAFSA.
• Be enrolled before reaching 25.
• Been placed in an out-of-home placement by the Maryland Department of Human Resources and, either:
• Resided in an out of home placement in Maryland at the time they graduated from high school or successfully completed a general equivalency development examination (GED);
• Resided in an out of home placement in Maryland at the time of their 18th birthday; or
• Resided in an out-of-home placement on the their 13th birthday and was placed into guardianship or adopted out of an out-of-home placement after their 13th birthday; or Resided in an out-of-home placement in the State for at least 1 year on or after their 13th birthday and returned to live with their parents after the out-of-home placement ended.
• Includes the younger sibling of an eligible foster care recipient if the younger sibling is concurrently placed into guardianship or adopted out of an out-of-home placement by the same guardianship or adoptive family.

Permitted Uses for Funding

§15–106.1

• Tuition and mandatory fees

Massachusetts Data Profile

Massachusetts: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

M.G.L.A. 119 § 39K; M.G.L.A. 18C § 14

• Notwithstanding any general or special law to the contrary, the department of children and families, in collaboration with the department of mental health and other appropriate state agencies, shall: (i) provide for the child welfare services needs of sexually exploited children including, but not limited to, services for sexually-exploited children residing in the commonwealth at the time they are taken into custody by law enforcement or are identified by the department as sexually-exploited children, for the duration of any legal or administrative proceeding in which they are either the complaining witness, defendant or the subject child; and (ii) provide appropriate services to a child reasonably believed to be a sexually exploited child in order to safeguard the child's welfare. If a child reasonably believed to be a sexually exploited child declines services or is unable or unwilling to participate in the services offered, the department or any person may file a care and protection petition under section 24. Sexually exploited children shall have access to an advocate. The advocate or a member of the multidisciplinary service team established under section 51D shall accompany the child to all court appearances and may serve as a liaison between the service providers and the court.
• The office shall convene a childhood trauma task force made up of members of the juvenile justice policy and data board established pursuant to section 89 of chapter 119 to study, report and make recommendations on gender responsive and trauma-informed approaches to treatment services for juveniles and youthful offenders in the juvenile justice system. Said task force shall review the current means of (i) identifying school-aged children who have experienced trauma, particularly undiagnosed trauma, and (ii) providing services to help children recover from the psychological damage caused by such exposure to violence, crime or maltreatment. The task force shall consider the feasibility of providing school-based trainings on early, trauma-focused interventions, trauma-informed screenings and assessments, and the recognition of reactions to victimization, as well as the necessity for diagnostic tools. A priority shall be placed on juvenile or youthful offender’s pathways into the juvenile justice system with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with juvenile or youthful offenders including emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family violence, household substance abuse, household mental illness, parental absence, and household member incarceration.

Information and Data Sharing

M.G.L.A. 119 § 89

• The board shall annually report to the governor, the House and Senate chairs of the joint committee on the judiciary, the House and Senate chairs of the joint committee on public safety and homeland security and the chief justice of the trial court regarding the following: (6) an assessment of the number of juveniles who, after being or while under the supervision or custody of the department of children and families, are adjudicated delinquent or as a youthful offender;

Diligent Search Criteria

General Search

Mass. Gen. Laws Ann. ch. 119 § 23

• Whenever the department places a child in foster care, the department shall immediately commence a search to locate any relative of the child or other adult person who has played a significant positive role in that child's life to determine whether the child may appropriately be placed with that relative or person if, in the judgment of the department, that placement would be in the best interest of the child. The department shall also seek to identify any minor sibling or half-sibling of the child and attempt to place these children in the same foster family if, in the judgment of the department, that placement would be in the best interests of the children.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Mass Ann. Laws, Ch. 119, § 23; Code of Regs. Tit. 110, § 8.02

• Up to age 22

Eligibility

Mass. Code of Regs. tit. 110, § 7.303

• 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.
• 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:
  • The young adult has a mental or physical handicap which warrants the continuation of assistance.
  • 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, completing a secondary school or the equivalent; or enrolled in post-secondary or vocational school; or participating in a program or activity that promotes or removes barriers to employment; or employed 80 hours a month; or incapable of any of the above due to a documented medical condition.

Placement Agreement

Mass. Gen. Laws, ch. 119, § 23

• A young adult must consent in writing unless: before reaching the age of 18, the person had an intellectual disability and was declared mentally incompetent while under the responsibility of the department; or the person is under the responsibility of the department because he is incapacitated. The youth must sign a voluntary placement agreement during the month prior to turning 18.

Reentry into Care Allowed

Mass. Gen. Laws ch. 119, § 23

• Yes

Increasing Placement Stability

Kinship Placement Priority

Mass. Gen. Laws Ann. ch. 119 § 23

• Whenever the department places a child in foster care, the department shall immediately commence a search to locate any relative of the child or other adult person who has played a significant positive role in that child's life in order to determine whether the child may appropriately be placed with that relative or person if, in the judgment of the department, that placement would be in the best interest of the child. The department shall also seek to identify any minor sibling or half-sibling of the child and attempt to place these children in the same foster family if, in the judgment of the department, that placement would be in the best interests of the children.

Subsidized Guardianship

Mass. Gen. Laws Ann. ch. 18B § 21

• The department shall establish an adoption subsidy program for the purpose of facilitating the adoption of children with special needs who are in substitute care and who would not otherwise be placed in an appropriate adoptive home or be adopted. The department acting under such program shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted and the department shall determine the amount to be paid by the department to the adoptive parents.

Tuition Waivers

Age Range

MA Stat. Ann, 18A, § 19

• Until age 24

Other Eligibility Requirements

MA Stat. Ann, 18A, § 19

• A current or former foster child who was placed in the custody of the Department of Children and Families and remained in custody to age 18 without returning home.
• The youth must have been in custody for at least six months prior to age 18; or
• Youth who had been in the custody of the Department of Children and Families and whose guardianship to age 18 was sponsored by the Department of Children and Families.
• Is a Massachusetts resident.
• Is enrolled full-time.
• Voluntarily agrees to participate in educational support services offered by the Department of Social Services.
• Filled out a FAFSA.

Permitted Uses for Funding

MA Stat. Ann, 18A, § 19

• Tuition

Michigan Data Profile

Michigan: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Mich. Comp. Laws Ann. § 722.954a(2), (3) & (5)

• Upon removal as part of a child's initial case service plan the supervising agency shall, within 30 days, identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's developmental, emotional, and physical needs. The supervising agency's placement decision shall be made in the best interests of the child.

Placement Review Process

Mich. Comp. Laws Ann. § 722.954a (9)

• A person who receives a written decision may request in writing, within 5 days, documentation of the reasons for the decision, and if the person does not agree with the placement decision, he or she may request that the child's attorney review the decision to determine if the decision is in the child's best interest.

Timetable for Search

Mich. Comp. Laws Ann. § 722.954a(2), (3) & (5)

• Upon removal as part of a child's initial case service plan the supervising agency shall, within 30 days, identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's developmental, emotional, and physical needs.

Notice Procedure and Investigating Ability to Care for Child

Mich. Comp. Laws Ann. § 722.954a(2), (3) & (5)

• The notification of relatives required shall do all of the following: (a) Specify that the child has been removed from the custody of the child's parent. (b) Explain the options the relative has to participate in the care and placement of the child, including any option that may be lost by failing to respond to the notification. (c) Describe the requirements and benefits, including the amount of monetary benefits, of becoming a licensed foster family home. (d) Describe how the relative may subsequently enter into an agreement with the department for guardianship assistance. Before determining placement of a child in its care, a supervising agency shall give special consideration and preference to a child's relative or relatives who are willing to care for the child, are fit to do so, and would meet the child's developmental, emotional and physical needs.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Mich. Comp. Laws § 400.643

• Until age 21

Eligibility

Mich. Comp. Laws § 400.645

• The department may provide extended foster care services if the youth meets 1 of the following conditions for eligibility:
  • The youth is completing secondary education or a program leading to an equivalent credential.
  • The youth is enrolled in an institution that provides postsecondary or vocational education.
  • The youth is participating in a program or activity designed to promote employment or remove barriers to employment.
  • The youth is employed for at least 80 hours per month.
  • The youth is incapable of doing any part of the activities above due to a medical condition. This assertion of incapacity must be supported by regularly updated information in the youth's case plan.

Placement Agreement

Mich. Comp. Laws § 400.651

• If an eligible youth chooses to participate in extended foster care services, the youth shall sign a voluntary foster care agreement. The voluntary foster care agreement shall include, at a minimum, information regarding: the obligation for the youth to continue to meet the conditions for eligibility; any obligation considered necessary by the department for the youth to continue to receive extended foster care services; any obligation considered necessary by the department to facilitate the youth's continued success in the program; termination of a voluntary foster care agreement and program participation; the voluntary nature of the youth's participation in receiving extended foster care services.

Supports

Mich. Comp. Laws § 722.982; 722.984

• Identify young adults who are likely to remain in foster care until 18 years of age and help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities, including smoking avoidance, nutrition education, and pregnancy prevention.
• Help young adults who are likely to remain in foster care until 18 years of age receive education, training, and services necessary to obtain employment.
• Help young adults who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions.
• Provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults.
• Provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 18 and 21 years of age to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood.
• The department may provide at least all of the following goods and services to eligible young adults in the foster care independence program:
  • Services that are not available from other funding sources or agencies for eligible young adults currently in the foster care system and for young adults released from foster care before reaching 21 years of age.
  • Educational support.
  • Classes or groups on interpersonal communication and building and maintaining relationships and classes or groups on independent living skills.
  • Stipends t cover the cost of utility deposits, security deposits, and first month's rent to eligible young adults who are leaving foster care or have left foster care because they have reached 18 years of age but have not reached 21years of age. The first month's rent and damage deposit may only be provided to young adults 18 to 21 years of age who are leaving foster care or who have left foster care because they attained 18 or 19 years of age and have not reached 21 years of age.

Reentry into Care Allowed

Mich. Comp. Laws § 400.647

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

2011 Mich. Pub. Acts, Act 63

• Sec. 578: Directs the Department of Human Services and child-placing agencies to use a standardized assessment tool to ensure greater cooperation between the department and the Department of Community Health and to measure the mental health treatment needs of every child supervised by the department.

Services Addressing Trauma

MI Comp L § 600.1090 - 600.1099a

• Relates to the mental health court programs for adults and juveniles, provides the eligibility conditions to be met by adults and juveniles for admittance in a mental health court and the requirements to be maintained once an individual is accepted into the program, provides the services available under the program including substance abuse programs and vocational opportunities, provides that an exit evaluation should be performed to determine the continuing need for specified services.

Increasing Placement Stability

Kinship Placement Priority

Mich. Comp. Laws Ann. § 722.954a(2), (3) & (5)

• Upon removal as part of a child's initial case service plan the supervising agency shall, within 30 days, identify, locate, notify, and consult with relatives to determine placement with a fit and appropriate relative who would meet the child's developmental, emotional, and physical needs.

Subsidized Guardianship

Mich. Comp. Laws Ann. 722.874

• Outlines eligibility criteria for receiving guardianship assistance on behalf of an eligible child. Under this statute, a guardianship assistance recipient must be the eligible child's relative or legal guardian; be a licensed foster parent and approved by the department for guardianship assistance; and have the eligible child living within their residence for a minimum of six months before applying for guardianship assistance. This statute also allows siblings to be placed in the same relative guardianship arrangement and Title IV-E-funded relative guardianship assistance payments may be paid on behalf of each sibling placed in accordance with this subsection. A successor guardian may receive guardianship assistance payments if the eligibility criteria are met.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Mich. Comp. Laws § 712A.1

• “Reasonable and prudent parenting standard” means decisions characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interest while encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.

Tuition Waivers

Eligibility

M.C.L.A. 722.1023, M.C.L.A. 722.1027a, M.C.L.A. 722.1027b, M.C.L.A. 722.1029, M.C.L.A. 722.1030, M.C.L.A. 722.1031

• Due to child abuse or child neglect, the foster care student was in foster care after his or her 13th birthday.
• Attending an institution of higher education in this state as determined by the department.
• Has an unmet financial education need.
• Maintains satisfactory academic progress as determined by the department.
• Students must exhaust all other known restricted grants for education prior to receiving trust fund money.
• The Fund is created in the state treasury as a charitable and educational endowment fund. The state treasurer shall direct the investment of the trust fund.

Permitted Uses for Funding

M.C.L.A. 722.1023, M.C.L.A. 722.1027a, M.C.L.A. 722.1027b, M.C.L.A. 722.1029, M.C.L.A. 722.1030, M.C.L.A. 722.1031

• Tuition, fees, room and board, books, supplies and equipment.

Minnesota Data Profile

Minnesota: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

M.S.A. § 626.558

• A county shall establish a multidisciplinary child protection team that may include, but not be limited to, the director of the local welfare agency or designees, the county attorney or designees, the county sheriff or designees, representatives of health and education, representatives of mental health or other appropriate human service or community-based agencies, and parent groups. As used in this section, a “community-based agency” may include, but is not limited to, schools, social service agencies, family service and mental health collaboratives, children's advocacy centers, early childhood and family education programs, Head Start, or other agencies serving children and families. A member of the team must be designated as the lead person of the team responsible for the planning process to develop standards for its activities with battered women's and domestic abuse programs and services.

Diligent Search Criteria

General Search

Minn. Stat. Ann. § 260C.221

• The responsible social services agency shall exercise due diligence to identify and notify adult relatives prior to placement or within 30 days of the child's removal. The agency shall consider placement with a relative without delay.

Placement Review Process

Minn. Stat. Ann. § 260C.215

• The requirement of special efforts to locate relatives in this section is satisfied on the earlier of the following occasions: (1) when the child is placed with a relative who is interested in providing a permanent placement for the child; or (2) when the responsible child-placing agency has made special efforts for six months following the child's placement in a residential facility and the court approves the agency's efforts.

Timetable for Search

Minn. Stat. Ann. § 260C.215, Minn. Stat. Ann. § 260C.221

• The responsible social services agency shall exercise due diligence to identify and notify adult relatives prior to placement or within 30 days of the child's removal.
• The requirement of special efforts to locate relatives in this section is satisfied on the earlier of the following occasions: (1) when the child is placed with a relative who is interested in providing a permanent placement for the child; or (2) when the responsible child-placing agency has made special efforts for six months following the child's placement in a residential facility and the court approves the agency's efforts.

Notice Procedure and Investigating Ability to Care for Child

Minn. Stat. Ann. § 260C.221

• The relative search shall be reasonable and comprehensive in scope and may last up to six months or until a fit and willing relative is identified. The relative search shall include both maternal and paternal relatives, if paternity is adjudicated. The relatives must be notified of the following: (1) of the need for a foster home for the child, the option to become a placement resource for the child, and the possibility of the need for a permanent placement for the child; (2) of their responsibility to keep the responsible social services agency informed of their current address in order to receive notice in the event that a permanent placement is sought for the child. Without providing an address, a relative forfeits the right to notice of the possibility of permanent placement. A decision by a relative not to be a placement resource at the beginning of the case shall not affect whether the relative is considered for placement of the child with that relative later; (3) that the relative may participate in the care and planning for the child, and that the opportunity for participation may be lost by failing to respond to the notice; and (4) of the family foster care licensing requirements, including how to complete an application and how to request a variance from licensing standards that do not present a safety or health risk to the child in the home and supports that are available for the relatives and children. Also requires the department document the visitation plan for the parent(s) or guardian, relatives, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child. Siblings should be placed together for foster care and adoption at the earliest possible time unless a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts. In cases where siblings cannot be placed together, the agency is required to provide frequent visitation or other ongoing interaction between siblings unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Minn. Stat. § 260C.451

• Until age 21

Eligibility

Minn. Stat. § 260C.451

• 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 (1)-(4) due to a medical condition.

Placement Agreement

Ann. Stat. §§ 260C.229

• The child and the responsible social services agency may enter into a voluntary agreement for the child to be in foster care under the terms of section 260C.451. The voluntary agreement must be in writing and on a form prescribed by the commissioner.

Supports

Ann. Stat. §§ 260C.212; 260C.452

• The court shall ensure that the responsible social services agency assists the child in obtaining the following documents before the child leaves foster care: a Social Security card; an official or certified copy of the child's birth certificate; a state identification card or driver's license, tribal enrollment identification card, green card, or school visa; health insurance information; the child's school, medical, and dental records; a contact list of the child's medical, dental, and mental health providers; and contact information for the child's siblings, if the siblings are in foster care.
• The transition plan must be as detailed as the child elects and include specific options, including but not limited to: affordable housing with necessary supports that does not include a homeless shelter; health insurance, including eligibility for medical assistance as defined in section 256B.055, subdivision 17; education, including application to the Education and Training Voucher Program; local opportunities for mentors and continuing support services, including the Healthy Transitions and Homeless Prevention program, if available; workforce supports and employment services; a copy of the child's consumer credit report as defined in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report, at no cost to the child; information on executing a health care directive under chapter 145C and on the importance of designating another individual to make health care decisions on behalf of the child if the child becomes unable to participate in decisions; appropriate contact information through 21 years of age if the child needs information or help dealing with a crisis situation; and official documentation that the youth was previously in foster care.

Reentry into Care Allowed

Minn. Stat. §§ 260C.451

• Yes

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Minn. Stat. § 245.467

• The county board must arrange for or provide a children’s mental health screening for a child receiving child protective services; a child in out-of-home placement; a child for whom parental rights have been terminated; a child found to be delinquent; or a child found to have committed a juvenile petty offense for the third or subsequent time. Provides that a children’s mental health screening is not required when an assessment has been performed within the previous 180 days or the child currently is under the care of a mental health professional. When a child is receiving protective services or is in out-of-home placement, the court or county agency must notify a parent or guardian whose parental rights have not been terminated of the potential mental health screening and the option to prevent the screening by notifying the court or county agency in writing.

Services Addressing Trauma

Minn. Stat. § 260C.157, subd. 3

• Sec. 9: Juvenile treatment screening team. Amends § 260C.157, subd. 3. Requires screenings to be conducted within 10 working days when the screening is requested for placement in mental health residential treatment and the child is enrolled in Minnesota’s Pre-Paid Medical Assistance Program.

Increasing Placement Stability

Kinship Placement Priority

Minn. Stat. Ann. § 260C.212(2)

• The authorized child-placing agency shall place a child, released by court order or by voluntary release by the parent or parents, in a family foster home selected by considering placement with relatives and important friends in the following order: (1) with an individual who is related to the child by blood, marriage, or adoption; or (2) with an individual who is an important friend with whom the child has resided or had significant contact.

Caretaker Involved Practices

Minn. Stat. Ann. § 260C.221

• The relatives must be notified of the following: of the family foster care licensing requirements, including how to complete an application and how to request a variance from licensing standards that do not present a safety or health risk to the child in the home and supports that are available for the relatives and children.

Subsidized Guardianship

Minn. Stat. Ann. § 257.85(5)

• Relative custody assistance agreement. The agreement must be signed by the local agency and the relative custodian no later than 30 days after the date of the order establishing permanent legal and physical custody, unless the agency certifies that the delay was through no fault of the relative custodian. There must be a separate agreement for each child for whom the relative custodian is receiving relative custody assistance. The relative custody assistance agreement shall include: (1) the responsibilities of all parties to the agreement; (2) the payment terms, including the financial circumstances of the relative custodian, the needs of the child, the amount and calculation of the relative custody assistance payments, and that the amount of the payments shall be reevaluated annually; (3) the effective date of the agreement; (4) that failure of the relative to submit an annual affidavit form will be grounds for terminating the agreement; (5) the agreement's expected duration, which shall not extend beyond the child's eighteenth birthday; (6) any specific known circumstances that could cause the agreement or payments to be modified, reduced, or terminated and the relative custodian's appeal rights;(7) that the relative custodian must notify the local agency within 30 days of any change in the child's status, change in the relationship between the relative custodian and the child, change in the relative custodian’s income, or change in eligibility for benefits; (8) that failure to provide notice of a change as required by clause (7) will be grounds for terminating the agreement; (9) that the amount of relative custody assistance is subject to the availability of state funds;(10) that the relative custodian may choose to temporarily stop receiving payments under the agreement at any time by providing 30 days' notice and may choose to begin receiving payments again by providing the same notice but any payments the relative custodian chooses not to receive are forfeit; and (11) that the local agency will continue to be responsible for making relative custody assistance payments under the agreement regardless of the relative custodian's place of residence.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Minn. Stat. § 260C.212

• Foster parents and residential facility staff are permitted to allow foster children to participate in extracurricular, social, or cultural activities that are typical for the child's age by applying reasonable and prudent parenting standards. Reasonable and prudent parenting standards are characterized by careful and sensible parenting decisions that maintain the child's health and safety, and are made in the child's best interest.

Youth are Entitled to Activities

Minn. Stat. § 260C.212

• Support age-appropriate and developmentally appropriate activities for foster children. Responsible social services agencies and child-placing agencies shall support a foster child's emotional and developmental growth by permitting the child to participate in activities or events that are generally accepted as suitable for children of the same chronological age or are developmentally appropriate for the child.

Tuition Waivers

Age Range

Minnesota Statutes 136F.06

• Until age 21

Other Eligibility Requirements

Minnesota Statutes 136F.06

• The president may waive tuition for persons under the age of 21 who are:
  • Under the guardianship f the commissioner of human services.
  • Fr an American Indian child under suspension of parental rights or termination of parental rights under the guardianship of a tribe or tribal social service agency.
  • These persons must be qualified for admission to a Minnesota state college or university.
  • Waiver may continue beyond age 21 at the discretion of the president. Students who have made satisfactory progress but has not completed the program by age 21 may petition the college or university through their designated campus official for continuation of the waiver until that program is completed who will make a recommendation to the president.

Permitted Uses for Funding

Minnesota Statutes 136F.06

• Tuition

Mississippi Data Profile

Mississippi: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Crossover Youth

Promoting Cross-System Collaboration

Miss. Code Ann. § 43-14-1

• The Mississippi Statewide System of Care provides for the development, implementation and oversight of a coordinated interagency system of necessary services and care for children and youth with serious emotional/behavioral disorders including, but not limited to, conduct disorders, or mental illness who require services from a multiple services and multiple programs system, and who can be successfully diverted from inappropriate institutional placements.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Miss. Code § 43-15-13

• Until age 21

Eligibility

Miss. Code § 43-15-13

• Persons found within the state who are under the age of twenty-one (21) years, and who were placed in the custody of the Department of Human Services by the youth court of the appropriate county. Beyond age 18 the court must place a youth in extended care.

Supports

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

Reentry into Care Allowed

• No

Increasing Placement Stability

Kinship Placement Priority

Miss. Code Ann. § 43-15-13

• When the Department of Human Services is considering placement of a child in a foster home and when the department deems it to be in the best interest of the child, the department shall give first priority to placing the child in the home of one (1) of the child's relatives within the third degree, as computed by the civil law rule. In placing the child in a relative's home, the department may waive any rule, regulation or policy applicable to placement in foster care that would otherwise require the child to have a separate bed or bedroom or have a bedroom of a certain size, if placing the child in a relative's home would be in the best interest of the child and those requirements cannot be met in the relative's home.

Subsidized Guardianship

Miss. Code Ann. § 93-17-61

• When parents are found and approved for adoption of a child certified as eligible for supplemental benefits, and before the final decree of adoption is issued, there shall be executed a written agreement between the family entering into the adoption and the Department of Human Services. In individual cases, supplemental benefits may commence with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child’s needs. The supplemental benefits may be for special services only or for money payments as allowed under Section 43-13-115, Mississippi Code of 1972, and either for a limited period, for a long-term not exceeding the child’s eighteenth birthday, or for any combination of the foregoing. The amount of the time-limited, long-term supplemental benefits may in no case exceed that which would be currently allowable for such child under the Mississippi Medicaid Law.

Missouri Data Profile

Missouri: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

V.A.M.S. 630.097

• The department of mental health shall develop, in partnership with all departments represented on the children's services commission, a unified accountable comprehensive children's mental health service system. The department of mental health shall establish a state interagency comprehensive children's mental health service system team comprised of representation from:
• Family-run organizations and family members.
• Child advocate organizations.
• The department of health and senior services.
• The department of social services' children's division, division of youth services, and the MO HealthNet division.
• The department of elementary and secondary education.
• The department of mental health's division of alcohol and drug abuse, division of developmental disabilities, and the division of comprehensive psychiatric services.
• The department of public safety.
• The office of state courts administrator.
• The juvenile justice system.
• Local representatives of the member organizations of the state team to serve children with emotional and behavioral disturbance problems, developmental disabilities, and substance abuse problems.

Diligent Search Criteria

General Search

Mo. Ann. Stat. § 210.565(1)-(4)

• The division shall make diligent efforts to locate the grandparents of the child and determine whether they wish to be considered for placement of the child. Grandparents who request consideration shall be given preference and first consideration for foster home placement of the child.

Timetable for Search

Mo. Ann. Stat. § 210.305

• Requires the children's division to begin immediate, diligent efforts to locate, contact, and place a child with a grandparent once an emergency placement is deemed necessary.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Mo. Rev. Stat. § 211.036

• Until age 21

Eligibility

Mo. Rev. Stat. § 211.036

• 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 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.

Reentry into Care Allowed

Mo. Rev. Stat. § 211.036

• Yes

Increasing Placement Stability

Kinship Placement Priority

Mo. Ann. Stat. § 210.565(1)-(4)

• Grandparents who request consideration shall be given preference and first consideration for foster home placement of the child. If more than one grandparent requests consideration, the family support team shall make recommendations to the juvenile or family court about which grandparent should be considered for placement. As used in this section, the term “relative” means a grandparent or any other person related to another by blood or affinity within the third degree. The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or daughter. The following shall be the order or preference for placement of a child under this section: (1) Grandparents and relatives;(2) A trusted adult that has a preexisting relationship with the child, such as a godparent, teacher, neighbor, or fellow parishioner who voluntarily agrees to care for the child; and (3) Any foster parent who is currently licensed and capable of accepting placement of the child.

Subsidized Guardianship

Mo. Ann. Stat. § 453.072, Mo. Ann. Stat. § 453.073

• Any subsidies available to adoptive parents shall also be available to a qualified relative of a child or a qualified close nonrelated person who is granted legal guardianship of the child in the same manner as such subsidies are available for adoptive parents. As used in this section: “Relative” means any grandparent, aunt, uncle, adult sibling of the child or adult first cousin of the child, or any other person related to the child by blood or affinity; “Close nonrelated person” means any nonrelated person whose life is so intermingled with the child such that the relationship is similar to a family relationship.
• The children's division is authorized to grant an adoption subsidy to a child. Determination of the amount of monetary need is to be made by the division at the time of placement, if practicable, and in reference to the needs of the child, including consideration of the physical and mental condition, and age of the child in each case; provided, however, that the subsidy amount shall not exceed the expenses of foster care and medical care for foster children paid under the homeless, dependent and neglected foster care program.

Montana Data Profile

Montana: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

MCA 52-2-203

• State agencies shall enter into a cooperative agreement for the purpose of coordinating services to children with multiagency service needs.

Alternative Forms of Processing and Detention

MCA 52-5-101

• A youth alleged or found to be a youth in need of intervention may not be placed in a state youth correctional facility.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Mont. Admin. R. 37.51.102

• Must be attending secondary school

Eligibility

Mont. Admin. R. 37.51.102

• Must be attending secondary school

Placement Agreement

Supports

Reentry into Care Allowed

• No

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

MCA § 53-6-2101, 53-6-2102, 53-6-2013, Mont. Code Ann. § 53-2-215, § 53-6-113, § 53-6-402,nMont. Code Ann. § 52-2-308, § 52-2-310, and § 52-2-311

• Revises laws regarding the authority of the Department of Public Health and Human Services to adopt rules relating to the provision of Medicaid services to children in foster care. Prohibits the department from adopting rules that exclude or restrict foster children from accessing Medicaid services solely because the children are in foster care.
• Requires the Department of Public Health and Human Services (DPHHS) to consider placement options in in-state treatment facilities for high-risk children with mental health needs who have multiagency service needs before the department places children out of state. The DPHHS will create rules to ensure that out-of-state placement is a last resort. The rules will establish a procedure for in-state facilities to offer a treatment plan for high-risk children with mental health needs that will be considered by DPHHS before children are placed out of state.
• Requires appointment of a person who is legally responsible for the psychiatric care of each child who is in the custody of an agency that provides child welfare services. The person appointed is to be responsible for making all decisions concerning services and treatment provided to such children. The law allows the court to appoint the person nominated by the agency or to appoint any other person the court determines is qualified to carry out such duties and responsibilities. To the extent that a parent or legal guardian of the child is able and willing to serve as the person legally responsible for the child’s psychiatric care, the parent or guardian must be nominated and appointed pursuant to this law. It also requires the person who is legally responsible for the child’s psychiatric care to provide written consent or denial of consent for each appointment or for a course of routine treatment for the child’s psychiatric care; to maintain current information concerning the child’s medical history and emotional, behavioral and educational needs.

Increasing Placement Stability

Kinship Placement Priority

Mont. Code Ann. § 41-3-438

• If the court awards temporary legal custody of an abandoned child other than to the department or to a noncustodial parent, the court shall award temporary legal custody to a member of the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, if:
  • placement is in the best interests f the child.
  • the extended family member requests that the child be placed with the family member.
  • the extended family member is able t offer continuity of care for the child by providing permanency or stability in residence, schooling, and activities outside of the home.
  • the extended family member is fund by the court to be qualified to receive and care for the child.
• If more than one extended family member satisfies the requirements, the court may award custody to the one who can best meet the child's needs. If an extended family member requests custody, the department shall investigate and determine if awarding custody to the family member is in the best interests of the child. The department shall provide the reasons for any denial to the court. If the court accepts the department's custody recommendation, the court shall inform any denied family member of the reasons for the denial to the extent that confidentiality laws allow. The court shall include the reasons for denial in the court order if the family member who is denied temporary legal custody requests it to be included.

Subsidized Guardianship

Mont. Code Ann. § 52-2-603

• The department may provide a subsidy for a guardianship of a child who is in the department's legal custody if the guardianship has been approved by the department pursuant to 41-3-444 and in accordance with eligibility criteria established by department rule.

Nebraska Data Profile

Nebraska: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Information and Data Sharing

Neb.Rev.St. § 43-3001

• Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, as amended, juvenile court records and any other pertinent information that may be in the possession of school districts, school personnel, county attorneys, the Attorney General, law enforcement agencies, child advocacy centers, state probation personnel, state parole personnel, youth detention facilities, medical personnel, treatment or placement programs, the Department of Health and Human Services, the Department of Correctional Services, the Foster Care Review Office, local foster care review boards, child abuse and neglect investigation teams, child abuse and neglect treatment teams, or other multidisciplinary teams for abuse, neglect, or delinquency concerning a child who is in the custody of the state may be shared with individuals and agencies who have been identified in a court order authorized by this section.

Diligent Search Criteria

General Search

Neb. Rev. Stat § 43-1311.01

• When a child is removed from the home, the department must notify any noncustodial parent and to all grandparents, all parents who have legal custody of a sibling of the child, and all adult siblings, adult aunts, adult uncles, adult cousins, and adult relatives suggested by the child or the child's parents.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Neb. Rev. Stat. § 43-4053

• Until age 21

Eligibility

Neb. Rev. Stat. § 4503

• Completing secondary education or an educational program leading to an equivalent credential; enrolled in an institution which provides postsecondary or vocational education; employed for at least eighty hours per month; participating in a program or activity designed to promote employment or remove barriers to employment; or incapable of doing any of the activities described above due to a medical condition, which incapacity is supported by regularly updated information in the case plan of the young adult.

Placement Agreement

Neb. Rev. Stat. § 43-4507, Neb. Rev. Stat. § 43-4506

• Youth and Department shall sign voluntary services and support agreement. The agreement must contain, at minimum, information regarding all of the following: the requirement that the young adult continue to be eligible for the duration of the voluntary services and support agreement and any other expectations of the young adult; the services and support the young adult shall receive through the bridge to independence program; the voluntary nature of the young adult's participation and the young adult's right to terminate the voluntary services and support agreement at any time; and conditions that may result in the termination of the voluntary services and support agreement and the young adult's early discharge from the bridge to independence program

Supports

Rev. Stat. §§ 43-4505

• Medical care under the medical assistance program
• Housing, placement, and support in the form of foster care maintenance payments which shall remain at least at the rate set immediately prior to the young adult's exit from foster care. As decided by and with the young adult, young adults may reside in a foster family home, a supervised independent living setting, an institution, or a foster care facility. Placement in an institution or a foster care facility should occur only if necessary due to a young adult's developmental level or medical condition. A young adult who is residing in a foster care facility upon leaving foster care may choose to temporarily stay until he or she is able to transition to a more age-appropriate setting.
• Case management services that are young-adult driven. Case management shall include the development of a case plan, developed jointly by the department and the young adult, that includes a description of the identified housing situation or living arrangement, and the resources to assist the young adult in the transition from the bridge to independence program to adulthood. Case management shall also include, but not be limited to, documentation that assistance has been offered and provided that would help the young adult meet his or her individual goals, if such assistance is appropriate and if the young adult is eligible and consents to receive such assistance. This shall include, but not be limited to, assisting the young adult to:
  • Obtain employment or other financial support; obtain a government-issued identification card; open and maintain a bank account; obtain appropriate community resources, including health, mental health, developmental disability, and other disability services and support; when appropriate, satisfy any juvenile justice system requirements and assist with sealing the young adult's juvenile court record if the young adult is eligible; complete secondary education; apply for admission and aid for postsecondary education or vocational courses; obtain the necessary state court findings and then apply for special immigrant juvenile status or apply for other immigration relief that the young adult may be eligible for; create a health care power of attorney, health care proxy, or other similar document recognized under state law, at the young adult's option; obtain a copy of health and education records of the young adult; apply for any public benefits or benefits that he or she may be eligible for or may be due through his or her parents or relatives, including, but not limited to, aid to dependent children, supplemental security income, social security disability insurance, social security survivors benefits, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Supplemental Nutrition Assistance Program, and low-income home energy assistance programs; maintain relationships with individuals who are important to the young adult, including searching for individuals with whom the young adult has lost contact; access information about maternal and paternal relatives, including any siblings; access young adult empowerment opportunities, such as Project Everlast and peer support groups; and access pregnancy and parenting resources and services.

Reentry into Care Allowed

Neb. Rev. Stat. § 43-4507

• Yes

Increasing Placement Stability

Kinship Placement Priority

Neb. Rev. Stat. § 43-533

• When families cannot be reunited and when active parental involvement is absent, adoption shall be aggressively pursued. Absent the possibility of adoption other permanent settings shall be pursued. In either situation, the health, safety, and best interests of the child shall be the overriding concern. Within that context, preference shall be given to relatives for the permanent placement of the child.

Subsidized Guardianship

Neb. Rev. Stat. § 71-824

• The Department shall provide voluntary case management services to adoptive parents and guardians, every 6 months beginning after the finalization of the adoption agreement. Adoptive parents and guardians shall receive written notification regarding the availability of services as well as their voluntary nature.

Caseworker Retention

Neb. Rev. Stat. § 85-2501

• To facilitate improved quality in the work of employees providing child welfare services, the Department of Health and Human Services, in collaboration with accredited social work education programs at Nebraska's colleges and universities, shall establish a program to provide stipends for undergraduate and graduate social work students enrolled in such colleges and universities who are committed to working in the field of child welfare services. Funds available under Title IV-E of the federal Social Security Act, as such act existed on January 1, 2015, shall be used to pay for such stipends. The department and the governing boards of such colleges and universities shall develop an application process for eligible students and, based on the amount of funds available, shall determine the amount of such stipend to be awarded to each eligible student.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Neb. Rev. Stat. § 43-4703

• Age or developmentally appropriate means activities or items that are generally accepted as suitable for a child of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group and, in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
• Reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities.

Nevada Data Profile

Nevada: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Nev. Rev. Stat. Ann. § 128.110

• Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.

Timetable for Search

Nev. Rev. Stat. Ann. § 128.110

• Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Nev. Rev. Stat. § 432B594

• Court jurisdiction until age 21; foster care to age 19; independent living program until age 21

Eligibility

Nev. Rev. Stat. § 432B594

• The court shall retain jurisdiction over a child in out-of-home placement until age 21, if child so requests, unless the agency, child, and the child’s attorney agree to terminate jurisdiction or the child requests termination; or the court determines the child has achieved or is not working toward the goals in his independent living plan, or the goals or no longer feasible. No child over 18 can remain in the custody of the agency.

Placement Agreement

Nev. Rev. Stat. § 432B594

• The youth and the agency shall enter into a written agreement, that specifies: The child voluntarily requested that the court retain jurisdiction over the child; while under the jurisdiction of the court; the child is entitled to continue to receive services from the agency and to receive monetary payments; while under the jurisdiction of the court, the child will no longer be under the legal custody of the agency which provides child welfare services; the child may, at any time, request that jurisdiction over the child be terminated; and if there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.

Supports

Nev. Rev. Stat. § 432B.594

• While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency . . . and to receive monetary payments directly or to have such payments provided to another entity.

Reentry into Care Allowed

• No

Increasing Placement Stability

Kinship Placement Priority

Nev. Rev. Stat. Ann. § 128.110

• If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child: (a) May give preference to the placement of the child with any person related within the fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State. (b) Shall, if practicable, give preference to the placement of the child together with his or her siblings. Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.

Caretaker Involved Practices

Nev. Rev. Stat. Ann. § 127.186

• The agency which provides child welfare service or a child-placing agency licensed by the division may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the agency which provides child welfare services or the child-placing agency, it would be in the best interests of the child to be placed in that adoptive home. The agency shall: Schedule evaluations to identify any special needs. If it determines that the child has special needs: Notify the proposed adoptive parents that they may be eligible for a grant of financial assistance; and the manner in which to apply for such financial assistance; and assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance and any other relevant subsidies and services which may be available.

Subsidized Guardianship

Nev. Rev. Stat. § 432B.624

• An agreement for Kinship Guardianship Assistance entered into pursuant to the Program must include, without limitation:
  • The amount of assistance provided under the agreement for each eligible child, which must not exceed the amount that the agency which provides child welfare services would provide to a foster parent if the child had been placed in foster care;
  • The manner in which the assistance will be provided;
  • The manner in which the agency which provides child welfare services may periodically adjust the amount of assistance, in consultation with the relative, based on the circumstances of the relative and the child;
  • Any additional services or assistance that the child or relative may be eligible to receive under the agreement and a description of those services or assistance;
  • The procedure by which the relative may apply for additional services or assistance, as needed; and
  • Any other requirements set forth in 42 U.S.C. §§ 671 and 673. 2. The agency which provides child welfare services shall provide a copy of the agreement to the relative before he or she is appointed as the legal guardian of the child.
• An agreement for assistance entered into pursuant to the Program remains in effect even if the relative changes the state of his or her residence.
• An agreement made pursuant to this section does not affect the eligibility of the child to receive federal assistance for his or her adoption if the child is later adopted.

New Hampshire Data Profile

New Hampshire: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Promoting Cross-System Collaboration

Alternative Forms of Processing and Detention

N.H. Rev. Stat. § 169-B:2

• "Alternative to secure detention" means any local program, approved by the court, police, probation, or the department of health and human services, which offers a less restrictive alternative to secure detention for minors. Such programs include, but are not limited to, youth attender, crisis home placement, group homes which have entered into agreements with the department of health and human services to provide such care, truant and runaway programs, and alcohol and drug detoxification programs.
• "Diversion" means a decision made by a person with authority which results in specific official action of the legal system not being taken or being postponed in regard to a juvenile and, in lieu of such inaction or postponement, providing an individually designed program for delivery of services for the juvenile by a specific provider or a plan to assist the juvenile in finding a remedy for his or her inappropriate behavior. The goal of diversion is to prevent further involvement of the juvenile in the formal legal system. Diversion of a juvenile may take place either at prefiling as an alternative to the filing of a petition, or at arraignment.
• "Court approved diversion program" means a program that has been approved by the administrative judge of the judicial branch family division and has been approved to accept court referrals. An approved diversion program is a community based alternative to the formal court process that integrates restorative justice practices, promotes positive youth development, and reduces juvenile crime and recidivism.

Diligent Search Criteria

General Search

N.H. Rev. Stat. § 169-C:6

• Prior to any order authorizing foster placement, the child protective service worker shall inform the judge of efforts to locate any non-custodial parent or other relatives for temporary placement.

Placement Review Process

N.H. Rev. Stat. § 169-C:6

• Prior to any order authorizing foster placement, the child protective service worker shall inform the judge of efforts to locate any non-custodial parent or other relatives for temporary placement.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

NH Rev. Stat. § 169-C:34

• Until age 21

Eligibility

NH Rev. Stat. § 169-C:34

• The department may, pursuant to a voluntary service plan that is developed and provided for the child by the department, offer voluntary services to any child who prior to his or her eighteenth birthday was found to be neglected or abused, who was in legal custody of the department as of his or her eighteenth birthday, and who is less than 21 years of age.

Placement Agreement

NH Rev. Stat. § 169-C:34

• Services are offered pursuant to a voluntary service plan that is developed and provided for the child by the department.

Reentry into Care Allowed

NH Rev. Stat. § 169-C:34

• Yes

Tuition Waivers

Age Range

§ 187-A:20-b

• Under age 23

Other Eligibility Requirements

§ 187-A:20-b

• In state foster care for the immediate 6-month period prior to his or her 18th birthday.
• In state guardianship or custody at the time of his or her 18th birthday.
• Adopted while in state guardianship or adopted from the care, custody, and control of the department following a surrender of parental rights, or
• In an out-of-home placement under the supervision of the division for juvenile justice services at the time of his or her 17th birthday.
• Both the university system of New Hampshire and the community college system of New Hampshire shall develop eligibility criteria for their respective institutions designed to give the children with the greatest financial need first priority in the tuition waiver program, to include provisions for continuing based on satisfactory academic progress and continued enrollment.

Permitted Uses for Funding

§ 187-A:20-b

• Tuition

New Jersey Data Profile

New Jersey: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

N.J. Stat. Ann. § 30:4C-12.1(a)

• In any case in which the Department of Children and Families accepts a child in its care or custody, including placement, the department shall initiate a search for relatives who may be willing and able to provide the care and support required by the child.

Timetable for Search

N.J. Stat. Ann. § 30:4C-12.1(a)

• The search shall be initiated within 30 days of the department's acceptance of the child in its care or custody.

Notice Procedure and Investigating Ability to Care for Child

N.J. Stat. Ann. § 30:4C-12.1(a)

• The search will be completed when all sources contacted have either responded to the inquiry or failed to respond within 45 days. The department shall complete an assessment of each interested relative's ability to provide the care and support, including placement, required by the child.

Exceptions for Placement

N.J. Stat. Ann. § 3B: 12A-6

• In any case in which the caregiver petitioning for kinship legal guardianship, or any adult residing in the prospective caregiver's home, has a record of criminal history or a record of being subjected to a final domestic violence restraining order, the court shall review the record with respect to the type and date of the criminal offense or the provisions and date of the final domestic violence restraining order and make a determination as to the suitability of the person to become a kinship legal guardian.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

N.J. Stat. § 30:4C-2.3

• Until age 21

Eligibility

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:
  • The individual was receiving services from the department , on or after the individual's 16th birthday;
  • The individual, n or after the individual's 18th birthday, has not refused or requested that these services be terminated, as applicable; and
  • 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.

Supports

Ann. Stat. § 9:12A-8

• A transitional living program shall provide residential care and treatment services for up to 18 months to a homeless youth 16 to 21 years of age who demonstrates the maturity to function with minimal adult supervision. The program shall assist in the maintenance of a homeless youth in a living arrangement that will prepare the youth for independence and self-sufficiency through the direct provision of, or through referrals to, other organizations and agencies for services, as determined by the department's contract, which may include:
  • Educational assessment and attachment to an educational program;
  • Career planning, employment and life skills training;
  • Job placement;
  • Budgeting and money management;
  • Assistance in securing housing appropriate to a homeless youth's needs and income; and
  • Assistance in accessing other social services as may be appropriate

Reentry into Care Allowed

N.J. Stat. § 30:4C-2.3

• Yes

Increasing Placement Stability

Kinship Placement Priority

N.J. Stat. Ann. § 9:6B-4

• Requires the applicable department to make the best efforts, including the provision or arrangement of financial or other assistance and services as necessary, to place the child with a relative

Caretaker Involved Practices

N.J. Stat. Ann. § 30:4C-90

• The department has established the Kinship Navigator Programs program, which is a referral service designed to help kinship caregivers coordinate the various government and community resources that may be available to them. It is appropriate for the State to ensure that individuals who may be eligible to become kinship legal guardians are aware of the eligibility requirements for, and the responsibilities of, kinship legal guardianship, and that both individuals who may be eligible to become kinship legal guardians and current kinship legal guardians are aware of the services available to kinship legal guardians in the State.

Subsidized Guardianship

N.J. Stat. Ann. § 44:10-35

• The program in this state is known as Work First New Jersey. A person, other than a natural or adoptive parent or stepparent, who is a care giver to a dependent child who is that care giver's legal or blood relative shall be evaluated to determine whether that person is eligible for TANF benefits if that person's income is not in excess of 150% of the poverty level.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

N.J. Stat. § 30:4C-26c

• “Reasonable and prudent parent standard” means the standard of care provided to a child which is characterized by careful and sensible parental decisions that maintain the health, safety, and well-being of the child, encourage the emotional and developmental growth of the child, and promote the best interests of the child.

Caregivers are Not Held Liable

N.J. Stat. § 30:4C-26c

• c. A caregiver shall not be held liable for an injury caused by an act or omission in connection with the authority granted pursuant to subsection a. of this section unless the act or omission of the caregiver, resulting in the injury, constitutes willful or wanton misconduct.
• d. The immunity afforded in subsection c. of this section shall not limit or remove any liability protection or immunity afforded to the caregiver or the department by the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq. or any other law or statute.

Tuition Waivers

Age Range

New Jersey Statutes Chapter 30:4C-102 – 104

• 16 - 23

Other Eligibility Requirements

New Jersey Statutes Chapter 30:4C-102 – 104

• An eligible individual is a person who is less than 23 years of age and who is or was:
• In the care and custody of the Division of Youth and Family Services in the Department of Children and Families for a period of nine months or more following the child’s 16th birthday.
• Residing in an independent living arrangement, or a transitional living program, operated or approved for payment by the division, or
• Residing in a transitional living program located in the State of New Jersey and approved for payment by the federal government pursuant to the federal ""Runaway and Homeless Youth Act.""
• Received a high school diploma or a certificate of high school equivalency, and
• Granted admission to a New Jersey public institution of higher education or county vocational school.
• Eligibility limited to five years from the date the child applied.
• Student must be enrolled full-time and maintain satisfactory academic progress. The student must submit the FAFSA. If the sum of the tuition waiver plus other federal, State and institutional student financial assistance, except loans, exceeds the total cost of the child’s tuition, the tuition waiver shall be reduced by the amount exceeding that cost.

Permitted Uses for Funding

New Jersey Statutes Chapter 30:4C-102 - 104

• Tuition

New Mexico Profile

New Mexico: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Diligent Search Criteria

General Search

N.M. Stat. Ann § 32A-4-17.1

• Within 30 days after a child is taken into custody, the department must provide notice to all grandparents, parents of a sibling of a child who have legal custody of the sibling, and other adult relatives.

Timetable for Search

N.M. Stat. Ann § 32A-4-17.1

• Within 30 days after a child is taken into custody, the department must provide notice to all grandparents, parents of a sibling of a child who have legal custody of the sibling, and other adult relatives.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Pending

Age Range

2019 Senate Bill 23

• Until age 21

Eligibility

2019 Senate Bill 23

• Has attained at least eighteen years of age and who is younger than:
  • as of July 1, 2020, nineteen years of age;
  • as of July 1, 2021, twenty years of age;
  • as of July 1, 2022, twenty-one years of age
• Was adjudicated as an abused or neglected child pursuant to the Abuse and Neglect Act or its equivalent under tribal law and upon attaining eighteen years of age, was under an out-of-home placement order; or had attained at least sixteen years of age when a guardianship or adoption assistance agreement was in effect
• Is completing secondary education or an educational program leading to an equivalent credential; enrolled in an institution that provides post-secondary or vocational education;  employed for at least eighty hours per month; participating in a program or activity designed to promote employment or remove barriers to employment; or incapable of doing any of the activities described above due to a medical or behavioral condition, which incapacity is supported by regularly updated information in the case plan; and
• Enters into a voluntary services and support agreement with the department pursuant to the Fostering Connections Act.

Placement Agreement

2019 Senate Bill 23

• When an eligible adult elects to participate in the fostering connections program, the department and the eligible adult shall execute, and the eligible adult shall be provided with a signed copy of, a voluntary services and support agreement that sets forth, at a minimum, the following:
  • a requirement that the eligible adult continue to be eligible in accordance with the Fostering Connections Act for the duration of the voluntary services and support agreement.
  • the services and support that the eligible adult will receive through the fostering connections program.
  • the voluntary nature of the eligible adult's participation and the eligible adult's right to terminate the voluntary services and support agreement at any time.
  • conditions that may result in the termination of the voluntary services and support agreement and the eligible adult's early discharge from the fostering connections program pursuant to Section 6 of the Fostering Connections Act.

Supports

2019 Senate Bill 23

• The fostering connections program shall provide at least the following services and supports to eligible adults:
• major medical and behavioral health care coverage.
• housing, in one of the following settings that the eligible adult chooses:
  • (a) a supervised independent living setting; (b) a transitional living program that the department licenses or approves; or (c) placement in a residential facility or another institution; provided that:
    • 1) an eligible adult who is residing in a residential facility upon leaving foster care may choose to temporarily stay until the eligible adult is able to transition to a more age-appropriate setting; and 2) if the court finds that an eligible adult's developmental level, disability or other condition indicates placement in a residential facility or another institution due to an eligible adult's developmental level, disability or other condition, the eligible adult shall be placed in a residential facility or another institution until the court deems that the eligible adult may be appropriately placed in another setting.
• foster care maintenance payments; provided that these payments:
  • may be sent by the department, all or in part, directly to: 1) the eligible adult, if the eligible adult is living in a supervised independent living setting; or 2) a transitional living program, if the eligible adult is living in a transitional living program; and
  • shall reflect the eligible adult's status as a parent, if applicable.
• case management services that include the development of a case plan, developed jointly by the department and the eligible adult, that includes a description of the identified housing situation or living arrangement, and the resources to assist the eligible adult in the transition from the fostering connections program to adulthood. The case management services shall include assisting the eligible adult in: (a) obtaining employment or other financial support; (b) obtaining a government-issued identification card; (c) opening and maintaining a bank account; (d) obtaining appropriate community resources, including health, mental health, developmental disability and other disability services and support; (e) when appropriate, satisfying any juvenile or criminal justice system requirements and assisting with sealing the eligible adult's children's court record pursuant to Section 32A-2-26 NMSA 1978; (f)  completing secondary education; (g)  applying for admission and aid for post-secondary education or vocational courses; (h)  obtaining the necessary state court findings and then applying for special immigrant juvenile status under federal law or applying for other immigration relief for which the eligible adult may be qualified; (i) obtaining a copy of health and education records of the eligible adult; applying for any public benefits or benefits for which the eligible adult may be entitled or that may be due through the eligible adult's parents or relatives, including state or federal cash assistance, nutritional assistance or low-income home energy assistance; (k)  maintaining relationships with individuals who are important to the eligible adult, including searching for individuals with whom the eligible adult has lost contact; (l)  accessing information about maternal and paternal relatives, including any siblings; (m)  accessing youth empowerment opportunities and peer support groups; and (n)  accessing pregnancy and parenting resources and services.

Reentry into Care Allowed

2019 Senate Bill 23

• Yes

Increasing Placement Stability

Kinship Placement Priority

N.M. Stat. Ann. § 32A-4-18 (E)

• When the department determines that the home of an adult relative of the child meets all relevant child protection and licensing standards and placement in the home would be in the best interest of the child, preference must be given to placement of the child in that relative home. The department must make reasonable efforts to conduct home studies on appropriate relatives who express an interest in providing placement for the child.

Subsidized Guardianship

N.M. Stat. Ann. § 32A-5-45

• A written agreement between the adoptive family or permanent guardians and the department shall precede the decree of adoption or permanent guardianship. The agreement shall incorporate the terms and conditions of the subsidy plan based on the individual needs of the child within the permanent family. In cases of subsidies that continue for more than one year, there shall be an annual redetermination of the need for a subsidy. The department shall develop an appeal procedure whereby a permanent family may contest a division determination to deny, reduce or terminate a subsidy.

Tuition Waivers

Age Range

N. M. S. A. 1978, § 21-1-4.7

• Until age 25

Other Eligibility Requirements

N. M. S. A. 1978, § 21-1-4.7

• Students in the legal custody of the children, youth and families department or for a whom a New Mexico Indian nation, tribe or pueblo, or the U.S. department of Indian affairs certifies was in the legal custody of a New Mexico Indian nation, tribe or U.S. department of interior bureau of Indian affairs division of human services. Students must be in custody as follows:
  • On the day preceding the student's 18th birthday.
  • On r after the day of the
  • student's 14th birthday and the student's parents' rights were relinquished r terminated at that time.
  • On the day the student graduated from a high school in the state or received a high school equivalency certificate in the state.

Permitted Uses for Funding

N. M. S. A. 1978, § 21-1-4.7

• Tuition and limited fees

New York Data Profile

New York: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

N.Y. [Fam. Court Act] § 1017 1.(a)-(b)

• The local commissioner of social services shall conduct an immediate investigation to locate all relatives or suitable persons of a child upon the court's determination that a child must be removed from his or her home. The local commissioner shall inform them in writing of the pendency of the proceeding and of the opportunity for relatives to seek to become foster parents or to provide free care or to seek custody. Uniform statewide rules of court shall specify the contents of the notice. The local commissioner shall conduct an investigation to locate a legal parent who has filed with a putative father registry, has a pending paternity petition, or has been identified as a parent by the other parent in a written sworn statement.

Timetable for Search

N.Y. [Family Court Act] § 1052

• Requires court to evaluate whether the local social services district made a reasonable search to locate relatives of the child as required. In making such determination, the court shall consider whether the local social services district engaged in a search to locate any non-respondent parent and whether the local social services district attempted to locate all of the child's grandparents, all suitable relatives identified by any respondent parent and any nonrespondent parent and all relatives identified by a child over the age of five as relatives who play or have played a significant positive role in the child's life.

Notice Procedure and Investigating Ability to Care for Child

N.Y. [Family Court Act] § 1028-a

• Upon the application of a relative to become a foster parent of a child in foster care, the court shall, subject to the provisions of this subdivision, hold a hearing to determine whether the child should be placed with a relative in foster care. Such hearing shall only be held if: (i) the relative is related within the third degree of consanguinity to either parent; (ii) the child has been temporarily removed under this part, or placed pursuant to section one thousand fifty-five of this article, and placed in non-relative foster care; (iii) the relative indicates a willingness to become the foster parent for such child and has not refused previously to be considered as a foster parent or custodian of the child, provided, however, that an inability to provide immediate care for the child due to a lack of resources or inadequate housing, educational or other arrangements necessary to care appropriately for the child shall not constitute a previous refusal; (iv) the local social services district has refused to place the child with the relative for reasons other than the relative's failure to qualify as a foster parent pursuant to the regulations of the office of children and family services; and (v) the application is brought within six months from the date the relative received notice that the child was being removed or had been removed from his or her home and no later than twelve months from the date that the child was removed. The court shall give due consideration to such application and shall make the determination as to whether the child should be placed in foster care with the relative based on the best interests of the child. After such hearing, if the court determines that placement in foster care with the relative is in the best interests of the child, the court shall direct the local commissioner of social services, pursuant to regulations of the office of children and family services, to commence an investigation of the home of the relative within twenty-four hours and thereafter expedite approval or certification of such relative, if qualified, as a foster parent. No child, however, shall be placed with a relative prior to final approval or certification of such relative as a foster parent.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

N.Y. Fam. Ct. Act § 1055

• 21 or older

Eligibility

N.Y. Fam. Ct. Act § 1055

• The youth must consent to remaining in care

Supports

N.Y. Admin. Rules Tit. 18, § 449.4

• Supervised Independent Living programs must include the following service components to provide youth with opportunities to achieve positive outcomes and make successful transitions to self-sufficiency:
  • An ongoing support network of consistent adults or families in their lives.
  • A diligent and ongoing effort to establish an adult permanency resource for each youth.
  • Preventive health care.
  • Employment skills training and the development of work ethics.
  • Educational support Housing support
  • Budgeting and financial management skills.
  • Shopping, cooking, and housecleaning skills.
  • Access t community resources and community linkages.
  • Connections with caring adults, such as mentors.
  • Positive youth development.
  • Necessary developmentally appropriate services.
  • Preparation for discharge and the transition to adulthood.
  • Parenting skills, child development education, and any other child rearing training deemed necessary.
  • Ongoing assessment of life skills competency.
  • Health supervision and medical and dental care must be provided to each youth.
• The educational and recreational needs of the youth also must be met.

Reentry into Care Allowed

N.Y. Fam. Crt. Act § 1091

• Yes

Increasing Placement Stability

Subsidized Guardianship

N.Y. [Soc. Serv.] Law § 458-b

• "A child is eligible for kinship guardianship assistance payments when: (a) the child has been in foster care for at least six consecutive months in the home of the prospective relative guardian; and (b) being returned home or adopted are not appropriate permanency options for the child; and (c) the child demonstrates a strong attachment to the prospective relative guardian and the prospective relative guardian has a strong commitment to caring permanently for the child; and (d) that age appropriate consultation has been held with the child, provided however that a fourteen year old child has been consulted, and an eighteen year old child has consented. (e)(i) Depending on how the child entered care, either the permanency hearing or both the permanency hearing and fact-finding hearing must have been completed. (f) The financial status of the prospective relative guardian shall not be considered in determining eligibility for kinship guardianship assistance payments.
• A prospective relative guardian who has been caring for an eligible foster child for at least six consecutive months and who intends to seek guardianship or permanent guardianship of the child may apply to the social services official who has custody, care and custody, or guardianship and custody of the child to receive kinship guardianship assistance payments, non-recurring guardianship payments, and other applicable services and payments available under this title on behalf of the child. Applications shall only be accepted prior to issuance of letters of guardianship of the child to the relative guardian. A prospective relative guardian and any person over the age of eighteen living in the home must complete a national and state criminal history record check in accordance with the procedures and standards of the department and a check for an indicated report of child abuse or maltreatment in both this state and any other state the applicant has lived in during the previous five years."

Caseworker Retention

N.Y. Educ. Law § 679-h and § 679-i

• Establishes the New York state child welfare worker incentive scholarship program and the New York state child welfare worker loan forgiveness incentive program.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

N.Y. Fam. Ct. § 355.5

• The child's foster family home or child care facility is following the reasonable and prudent parent standard in accordance with guidance provided by the U.S. Department of Health and Human Services, and (B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in activities.

Tuition Waivers

Other Eligibility Requirements

NY Educ L § 6456

• "Foster youth" means students who have qualified as an orphan, foster child or ward of the court for the purposes of federal student financial aid programs.
• Eligible institutions must apply for the funding, demonstrating need for funding and how it will be used to benefit foster youth.

Permitted Uses for Funding

NY Educ L § 6456

• Any necessary supplemental financial aid for foster youth, which may include the cost of tuition and fees, books, meals, transportation, housing, meals and other expenses;
• Summer college preparation programs to help foster youth transition to college, prepare them to navigate on-campus systems, and provide preparation in reading, writing, and mathematics for foster youth who need it; or

advisement, tutoring, and academic assistance for foster youth.

North Carolina Data Profile

North Carolina: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

NC Gen Stat § 20-309

• Establishes a two-year pilot program that shall reimburse, on a first-come, first-served basis, youth and caregivers' costs associated with driver’s license education, driver’s license fees, insurance costs, and any other costs associated with obtaining a driver’s license. Requires a report and appropriates funding.

Driver's License: Obtaining Permission

NC G.S. 20 309

• Specifies persons other than the foster parent who may sign for a foster child to obtain a learner's permit or provisional driver’s license

Auto Insurance: Obtaining A Contract

NC Gen Stat § 20-309

• Allows a foster parent to permit a foster youth to drive the foster parent’s vehicle if the youth is covered by a non-owner motor vehicle insurance policy issued by the North Carolina Reinsurance Facility as authorized by G.S. 58 37 35(g) (13). Foster parent may include a foster child on the parent's own motor vehicle insurance policy.

Diligent Search Criteria

General Search

N.C. Gen. Stat. Ann. § 7B-505(b)-(c)

• The court shall order the department to make diligent efforts to notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile is in nonsecure custody and of any hearings scheduled to occur, unless the court finds the notification would be contrary to the best interests of the juvenile.

Timetable for Search

N.C. Gen. Stat. §131D-10.1

• Foster Care Children's Bill of Rights includes, when a child is removed from his/her home, an immediate investigation by the social worker to identify and locate all grandparents and other adult relatives of the child to provide those relatives with specific information and an explanation of various options to participate in placement of the child.

Notice Procedure and Investigating Ability to Care for Child

N.C. Gen. Stat. Ann. § 7B-505(b)-(c)

• The court shall order the department to make diligent efforts to notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile is in nonsecure custody and of any hearings scheduled to occur, unless the court finds the notification would be contrary to the best interests of the juvenile.

Fictive Kin

N.C. Gen. Stat. Ann. § 7B-505(b)-(c)

• the court may consider whether nonrelative kin or other persons with legal custody of a sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile in a safe home.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

N.C. Gen. Stat. §108A-48

• Until age 21

Eligibility

N.C. Gen. Stat. § 108A-48

• The department may continue to provide benefits to an individual who has reached age 18 years and chosen to continue receiving foster care services until reaching age 21 if the individual is:
  • Completing secondary education or a program leading to an equivalent credential.
  • Enrolled in an institution that provides postsecondary 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.
  • Incapable of completing the above requirements due to a medical condition or disability.

Supports

N.C. Gen. Stat. § 108A-48

• With monthly supervision and oversight by the director of the county department of social services or a supervising agency, an individual receiving benefits pursuant to this section may reside outside a foster care facility in a college or university dormitory or other semisupervised housing arrangement approved by the director of the county department of social services and continue to receive benefits pursuant to this section

Reentry into Care Allowed

N.C. Gen. Stat. § 131D-10.2B

• Yes

Increasing Placement Stability

Kinship Placement Priority

N.C. Gen. Stat. Ann. § 7B-505(b)-(c)

• In placing a juvenile in nonsecure custody under this section, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interests of the juvenile.

Subsidized Guardianship

N.C. Gen. Stat. Ann. § 108A-49

• Benefits in the form of foster care assistance shall be granted in accordance with the rules of the Social Services Commission to any dependent child who would have been eligible to receive Aid to Families with Dependent Children, but for his or her removal from the home of a specified relative for placement in a foster care facility; provided, that the child's placement and care is the responsibility of a county department of social services.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

N.C. Gen. Stat. § 131D-10.2A

• The reasonable and prudent parent standard is the standard characterized by careful and sensible parental decisions that are reasonably intended to maintain the health, safety and best interests of the child while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.

Tuition Waivers

Age Range

N.C.G.S.A. § 115B-2

• 17 - 24

Other Eligibility Requirements

N.C.G.S.A. § 115B-2

• Any child, if the child:
• Is a ward of North Carolina or was a ward of the State at the time the child reached the age of 18.
• Is a resident of the state.
• Is eligible for services under the Chaffee Education and Training Vouchers Program.
• The waiver applies only after the receipt of other financial aid received by the student.
• Student must meet admission and other standards considered appropriate by the education institution.

Permitted Uses for Funding

N.C.G.S.A. § 115B-2

• Tuition

North Dakota Data Profile

North Dakota: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

N.D. Cent. Code § 27-20-38

• Within 30 days of removal of a child from his or her parent(s) for the purpose of placement into foster care, the child welfare agency has a duty to exercise due diligence and identify and provide notice to the following relatives: - All parents of a sibling of the child entering foster care who have legal custody of the sibling, -All adult grandparents, and -Any other adult suggested by the parents.

Timetable for Search

N.D. Cent. Code § 27-20-38

• Within 30 days

Notice Procedure and Investigating Ability to Care for Child

N.D. Cent. Code § 27-20-38

• The notice should describe the child's situation, the options the relative has under law, the steps required to become a foster parent, services and supports available, and how to receive subsidized guardianship payments.

Method of Searching

Fictive Kin

N.D. Cent. Code § 27-20-38

• This statute defines a "sibling of the child" to mean a brother or sister with at least one biological or adoptive parent in common, a fictive brother or sister with a significant bond, or a child that would have been considered a sibling but for the termination or disruption of parental rights.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

N.D. Cent. Code § 27-20-30.1

• Until age 21

Eligibility

N.D. Cent. Code § 27-20-30.1

• Youth must be in need of continued foster care services and the department must petition for the case to be open. The Department also requires that youth meet one of the following Fostering Connections requirements for eligibility: (1) participating in secondary or post-secondary education on a full or part time basis; (2) employed at least 80 hours per month; (3) attending a program that is designed to promote or remove barriers to employment; or (4) unable to participate in educational or employment activities due to a medical condition or disability.

Placement Agreement

N.D. Cent. Code § 27-20-30.1

• A youth must willingly enter into a continued foster care agreement with The Department of Human Services, its agent, an agency, or Tribal council of a recognized Indian reservation, and a foster care provider.

Supports

Cent. Code § 50-06-34; Admin. Code § 75-03-37-02

• Services to youth under the program must include:
  • Individualized assessments to determine the needs and appropriate services to individual transition-aged youth at risk.
  • A single plan of care to coordinate services among available service systems, emphasizing existing case management resources.
  • Independent living skills, including self-advocacy training.
  • Enhanced or extended vocational rehabilitation, including transition from education to employment and from secondary education to higher education.
  • In-home support, including mentors, individual and family training, and access to respite care.

Reentry into Care Allowed

N.D. Cent. Code § 27-20-30.1

• Yes

Health Oversight of Children in Foster Care

Services Addressing Trauma
N.D. Cent. Code, § 32-03.1-02.3

• Relates to consent for emergency medical care for a minor who has been sexually assaulted, provides emergency medical care or forensic services to a minor who is a victim of sexual assault without the consent of the minor's parent or guardian, requires reasonable steps to notify the minor's parent or guardian of the care provided.

Increasing Placement Stability

Kinship Placement Priority

N.D. Cent. Code § 50-06-23

• The department and county social service boards shall thoroughly explore the option of kinship care when a child is unable to return home due to safety concerns. Absent kinship options, the department and county social service boards shall provide permanency options that are in the least restrictive care and near the family's home.

Caretaker Involved Practices

N.D. Cent. Code § 27-20-38

• The notice should describe the child's situation, the options the relative has under law, the steps required to become a foster parent, services and supports available, and how to receive subsidized guardianship payments.

Subsidized Guardianship

N.C. Gen. Stat. Ann. § 108A-49

• Benefits in the form of foster care assistance shall be granted in accordance with the rules of the Social Services Commission to any dependent child who would have been eligible to receive Aid to Families with Dependent Children, but for his or her removal from the home of a specified relative for placement in a foster care facility; provided, that the child's placement and care is the responsibility of a county department of social services.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

N.D. Cent. Code §50-11-00.1

• "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child participating in extracurricular, enrichment, cultural, and social activities.

Youth are Entitled to Activities

Caregivers are Not Held Liable

N.D. Cent. Code §50-11-03.4

• A person providing foster care for children in a licensed or approved facility is immune from civil liability for any act or omission resulting in damage or injury to or by a child in foster care if, at the time of the act or omission, the person providing foster care for children applied the reasonable and prudent parent standard in a manner that protects child safety, while also allowing the child in foster care to experience age or developmentally appropriate activities.

Ohio Data Profile

Ohio: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Ohio Rev. Code § 5101.1411

• Until age 21

Eligibility

Ohio Rev. Code § 5101.1411

• Extended care payments will be available for any child was in the custody of a public children services agency at age 18 who signs a voluntary participation agreement, and 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 above activities due to a medical condition.

Supports

Ohio Rev. Code § 2151.81

• "Independent living services" means services and other forms of support designed to aid children and young adults to successfully make the transition to independent adult living and to achieve emotional and economic self-sufficiency. "Independent living services" may include the following:
  • Providing housing.
  • Teaching decision-making skills.
  • Teaching daily living skills such as securing and maintaining a residence, money management, utilization of community services and systems, personal health care, hygiene and safety and time management.
  • Assisting in obtaining education, training, and employment skills.
  • Assisting in developing positive adult relationships and community supports.

Reentry into Care Allowed

Ohio Rev. Code § 5101.1411

• Yes

Increasing Placement Stability

Kinship Placement Priority

Ohio Rev. Code Ann. § 2151.412, Ohio Rev. Code Ann. § 5103.161

• In the agency's development of a case plan and the court's review of the case plan, the child's health and safety shall be the paramount concern. The agency and the court shall be guided by the following general priorities: (1) A child should remain in his or her parent(s) legal custody even if an order of protective supervision is required for a reasonable period of time; (2) If both parents of the child have abandoned, relinquished custody, become incapable of supporting or caring for the child even with reasonable assistance, or have a detrimental effect on the health, safety, and best interest of the child, the child should be placed in the legal custody of a suitable member of the child's extended family; (3) If a child has no suitable member of the child's extended family to accept legal custody, the child should be placed in the legal custody of a suitable nonrelative who shall be made a party to the proceedings after being given legal custody of the child; (4) If no suitable nonrelative is available to accept legal custody, the child should be placed in the temporary custody of a public children services agency or a private child placing agency; (5) If the agency has a reasonable expectation of placing the child for adoption, the child should be committed to the permanent custody of the public children services agency or private child placing agency; (6) If the child is to be placed for adoption or foster care, the placement shall not be delayed or denied on the basis of the child's or adoptive or foster family's race, color, or national origin.
• If the agency is given permanent custody of the child and the foster caregiver or relative has informed the agency of the foster caregiver's or relative's desire to adopt the child, the agency shall consider giving preference to an adult relative over a nonrelative caregiver when determining an adoptive placement for the child, provided the adult relative satisfies all relevant child protection standards and the agency determines that the placement is in the child's best interest.

Caretaker Involved Practices

Ohio Rev. Code Ann. § 5101.851                

• The department of job and family services may establish a statewide program of kinship care navigators to assist kinship caregivers who are seeking information regarding, or assistance obtaining, services and benefits available at the state and local level that address the needs of those caregivers residing in each county. The program shall provide to kinship caregivers information and referral services and assistance obtaining support services including the following: publicly funded child care; respite care; training related to caring for special needs children; a toll-free telephone number that may be called to obtain basic information about the rights of, and services available to, kinship caregivers; and legal services.

Subsidized Guardianship

Ohio Rev. Code Ann. § 5153.163, Ohio Rev. Code Ann. § 5107.10

• The agency shall make state adoption maintenance subsidy payments on behalf of the child when: child has special needs; child may legally be adopted; adoptive parent has the capability of providing the permanent family relationships needed by the child; needs of the child are beyond the economic resources of the adoptive parent; acceptance of the child as a member of the adoptive parent's family would not be in the child's best interest without payments; gross income of the adoptive parent's family does not exceed one hundred twenty per cent of the median income of a family of the same size; and child is not eligible for adoption assistance payments under Title IV-E of the "Social Security Act."
• The program in this state is known as the Ohio Works First (OWF) program. To be eligible to participate in Ohio works first, an assistance group must meet all of the following requirements and must include at least one of the following: (a) A minor child who, except as provided in section 5107.24 of the Revised Code, resides with a parent, or specified relative caring for the child, or, to the extent permitted by Title IV-A and federal regulations adopted until Title IV-A, resides with a guardian or custodian caring for the child; A specified relative residing with and caring for a minor child who is related to the specified relative in a manner that makes the specified relative a specified relative and receives supplemental security income or federal, state, or local foster care or adoption assistance.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

"Ohio Rev. Code § 5103.162

• “reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth, that a caregiver or agency shall use when determining whether to allow a child in the care of a foster caregiver to participate in extracurricular, enrichment, and social activities.
• A foster caregiver shall use a reasonable and prudent parent standard when considering whether to authorize a foster child who resides in the foster home to participate in extracurricular, enrichment and social activities.

Caregivers are Not Held Liable

Ohio Rev. Code § 5103.162

• A public children services agency, private child placing agency, or private noncustodial agency that serves as the child's custodian or as the supervising agency for the foster caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that result from a foster caregiver's or agency's decisions using a reasonable and prudent parent standard in accordance with division (C)(1) of this section.
• Nothing in this section shall affect, limit, abridge, or otherwise modify the immunities and defenses available to a public children services agency as a political subdivision under Chapter 2744. of the Revised Code.

Oklahoma Data Profile

Oklahoma: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: A Required Document

10A Okl.St.Ann. § 1-9-107

• Requires youth in care, upon attaining age 18, to be given the following documents pertaining to the child: 5. A state-issued driver license or identification card.

Diligent Search Criteria

General Search

Okla. Stat. Ann. Tit. 10A §1-4-202(E)

• The Department shall, within thirty (30) days of a child's removal, exercise due diligence to identify adult relatives.

Placement Review Process

Okla. Stat. Ann. Tit. 10A § 1-4-204

• The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made to secure that placement.

Timetable for Search

Okla. Stat. Ann. tit 10a § 1-4-203 C. 1.

• within 30 days of the removal of the child

Notice Procedure and Investigating Ability to Care for Child

Okla. Stat. Ann. tit. 10A § 1-4-204 (B)

• The Department of Human Services shall consider placement with a relative without delay and shall identify relatives of the child and notify them of the need for temporary placement and the possibility of the need for a permanent out-of-home placement of the child. The relative search shall be reasonable and comprehensive in scope and may continue until a fit and willing relative is identified. The relatives shall be notified of the need to keep the Department informed of their current address in order to receive notice when a permanent out-of-home placement is being sought for the child. A relative who fails to provide a current address may forfeit the right to be considered for the child's permanent out-of-home placement. A decision by a relative to not participate in the child's placement planning at the beginning of the case or to cooperate with the Department to expedite procedures for placement of the child in the child's home may affect whether that relative will be considered for permanent placement of the child if the child cannot be safely returned to the home of the child's parent or parents.

Method of Searching

Okla. Stat. Ann. tit 10a § 1-4-203

• Within the next two judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing. At the hearing the court shall: Order the parent, legal guardian, or custodian to complete an affidavit listing the names, addresses, and phone numbers of any parent, whether known or alleged, grandparent, aunt, uncle, brother, sister, half-sibling, and first cousin and any comments concerning the appropriateness of the potential placement of the child with the relative. If no such relative exists, the court shall require the parent, legal guardian, or custodian to list any other relatives or persons with whom the child has had a substantial relationship or who may be a suitable placement for the child

Exceptions for Placement

Okla. Stat. Ann. Tit. 10A §1-4-202(E)

• Relatives shall not be notified if the court determines that such notification would not be in the best interests of a child due to past or current family or domestic violence. The Commission for Human Services may promulgate rules in furtherance of the provisions of this section.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Okla. Stat. tit. 10A, § 1-9-107

• Foster care is not extended beyond age 18; “Successful adulthood services” are offered until age 21.

Eligibility

Okla. Ann. Stat. Tit. 10A, § 1-9-107

• Youth are eligible to receive “Successful adulthood services” provided they were in the custody of the department or a federally recognized Indian Tribe due to abuse or neglect and in an out-of-home placement at the time of their 18th birthday.
• Youth 14 or older that were adopted from the custody of the department or federally recognized tribe are also eligible

Supports

Okla. Stat. tit. 10A, § 1-9-107

• Services include, but are not limited to, transitional planning, housing, medical coverage, and education.

Reentry into Care Allowed

• No

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

10A Okl. St. § 1-2-111

• Allows, upon availability of funds, the Oklahoma Department of Human Services to create a pilot program that improves the socioeconomic outcomes for children by evaluating substance abuse of parents, mental health, disabilities and domestic abuse within households, and to implement and coordinate programs to address such factors.

Increasing Placement Stability

Kinship Placement Priority

Okla. Stat. Ann. Tit. 10A § 1-4-204

• When awarding custody or determining the placement of a child, a preference shall be given to relatives and persons who have a kinship relationship with the child. The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made to secure that placement.

Caretaker Involved Practices

Okla. Stat. Ann. tit. 10 § 22.1

• The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children from the foster care program operated by the Department. The relative support program shall provide assistance to relatives within the third degree of relationship to a child who are caring for the child on a full-time basis, regardless of whether there is a court order granting custody of the child to the relative. Grandparents or other such relatives who qualify for and participate in the relative support program are not required to be certified as foster parents or to meet the foster care requirements but shall be capable of providing a physically safe environment and a stable, supportive home for the children under their care.

Subsidized Guardianship

Okla. Stat. Ann. tit. 10A § 1-9-116(C)-(G), Okla. Stat. Ann. tit. 10 § 22.1

• To assist persons providing kinship foster care, the department shall immediately refer kinship foster parents and the child for assistance under the Temporary Assistance for Needy Families Program until the certification and training requirements have been completed. Foster parent training programs may include, but not be limited to, in-service training, workshops and seminars developed by the state agency; seminars and courses offered through public or private education agencies; and workshops, seminars and courses pertaining to behavioral and developmental disabilities and to the development of mutual support services for foster parents. The Department and each child-placing agency shall provide statewide training, education, and continuing education programs for foster parents. The department or each child-placing agency shall notify a foster parent at least ten (10) business days in advance of the statewide scheduling of education, continuing education or foster parent training occurring near the vicinity of the home of a foster parent. The Department may also provide additional foster care training to a foster parent. A foster parent may request in writing to the department that additional foster parent training be provided.
• Within limits of available funding, monthly stipends may be paid to grandparents or other relatives with the third degree of relationship to the child who have physical full-time custody of a child who would be unable to serve in that capacity without a monthly stipend because of inadequate financial resources, thus exposing the child to the trauma of potential placement in a shelter or in foster care placement by the Department of Human Services. The statewide average monthly rate for children in the legal custody of grandparents or other relatives who are not certified as foster homes shall not exceed the cost of providing foster care. Additional assistance may be made available to qualified grandparents or other relatives within the third degree of relationship and children, based upon specific needs of the grandparent or other relative of the child and the specific needs of the child. Such assistance shall also be subject to available funding. The provisions of this section shall also be available to a legal guardian of a child who is within the fifth degree of relation to the child.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Okla. Stat. tit. 10A, § 1-1-105

• "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child. This standard shall be used by the child's caregiver when determining whether to allow a child to participate in extracurricular, enrichment, cultural and social activities. For purposes of this definition, the term "caregiver" means a foster parent with whom a child in foster care has been placed, a representative of a group home where a child has been placed or a designated official for a residential child care facility where a child in foster care has been placed;

Tuition Waivers

Age Range

70 O.S. § 3230.

• Until age 26

Other Eligibility Requirements

70 O.S. § 3230.

• In the Oklahoma Department of Human Services legal custody; or the custody of a federally recognized Indian tribe;
• Students who are pursuing studies in this state leading to an associate or baccalaureate degree or who are pursuing studies in a postsecondary vocational-technical program or course offered pursuant to a duly approved cooperative agreement between an area vocational-technical school and an institution of The Oklahoma State System of Higher Education, and who are in good academic standing in the institution of higher education or vocational-technical school in which enrolled
• Be an individual who, within the past three (3) years, has been in the custody of the Department of Human Services for any nine (9) of the twenty-four (24) months after the individual's 16th birthday and before the individual's eighteenth birthday;
• Be a resident of this state;
• Have graduated within the previous three (3) years from a high school accredited by the State Board of Education, the Oklahoma School of Science and Mathematics, or upon approval of the Oklahoma State Regents for Higher Education, a public high school in a state bordering Oklahoma in which the student enrolled with approval of the State Board of Education as provided in Section 8-103 of Title 70 of the Oklahoma Statutes or have completed General Educational Development (GED) requirements;
• Be young adults 18, 19, and 20 years of age, who: (A) were in an out-of-home placement while in DHS or tribal custody on his or her 18th birthday; or (B) entered a guardian-ship or adoption after 14 years of age to achieve permanency and who have not yet reached his or her 21st birthday; and, (3) young adults 21 and 22 years of age who on his or her 21st birthday were participating in the Education and Training Voucher Program.
• Have satisfied admission standards as determined by the Oklahoma State Regents for Higher Education for first-time-entering students for the appropriate type of institution; and
• Have secured admission to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education or a postsecondary vocational- technical program offered pursuant to a duly approved cooperative agreement between an area vocational-technical school and an institution of The Oklahoma State System of Higher Education.
• Maintain good academic standing and satisfactory academic progress according to standards of the Oklahoma State Regents for Higher Education; and
• Comply with the standards related to maintenance of eligibility as promulgated by the Oklahoma State Regents for Higher Education.

Permitted Uses for Funding

70 O.S. § 3230.

• Tuition

Oregon Data Profile

Oregon: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

O.R.S. 336.807

• The Oregon Department of Transportation will provide reimbursement for the costs of driver’s education courses (traffic safety education) to a number of youth in care.

Driver's License: A Required Document

O.R.S. § 418.201

• Foster child rights to include, at age 14 or older, right to information on how to obtain a driver’s license.

Diligent Search Criteria

Exceptions for Placement

Or. Rev. Stat. § 418.016

• The department shall adopt rules to require that criminal records checks be conducted on all persons who seek to be foster parents, adoptive parents or relative caregivers and other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver. Such rules shall include: a requirement that persons who have been convicted of crimes are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and a provision that the Department of Human Services may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that: the person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or the disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Or. Rev. Stat. § 419B.337

• Until age 21

Eligibility

Or. Admin. Rules § 413-030-0220

• 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:
• 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.
• Enrolled in a special education program as called for in an Individual Educational Plan (IEP).
• An unaccompanied refugee minor.
• The person's situation has been reviewed and approved in writing for an exception to these rules by the District Manager or designee

Placement Agreement

Admin. Rules § 413-030-0445

• The comprehensive transition plan must identify goals and services in each of the following domains: Education, employment, health, housing, life skills, supportive relationships, community connections and transportation

Supports

Admin. Rules §§ 413-030-0430; 413-030-0456; 413-030-0460

• Skill-building services, the Independent Living housing subsidy, Chafee housing, education and training grants, Youth Transition discretionary funds

Reentry into Care Allowed

• No

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Or. Rev. Stat. § 414.686

• Requires coordinated care organizations to provide initial health assessment on children enrolled in coordinated care organizations no later than a specified number of days after date that Oregon Health Authority notifies coordinated care organization that child has been taken into custody of the Department of Human Services. Requires coordinated care organization to locate child and arrange initial health assessment if child has not received initial health assessment in a specified number of day period.

Services for Children and Families Involved with the Child Welfare System

Or. Rev. Stat. § 418.200, § 418.201 and § 418.202

• Requires the Department of Human Services to adopt rules to establish the Oregon Foster Children's Bill of Rights; provides for rights including to obtain health care and mental health care, including services and treatments available without parental consent.

Increasing Placement Stability

Subsidized Guardianship

Or. Rev. Stat. § 418.330(2)-(3)

• The department may make payments to adoptive parents or guardians on behalf of a child placed for adoption or establishment of a guardianship by the department, or placed for adoption by an approved child-caring agency, when the department determines: the child has special needs because of an impediment to adoptive placement or establishment of a guardianship by reason of the child's physical or mental condition, race, age, or membership in a sibling group; or the adoptive family or guardian is capable of providing the permanent family relationships needed by the child in all respects other than financial, and the needs of the child are beyond the economic ability and resources of the family. Payments to subsidize adoptions or guardianships: shall include payment of nonrecurring adoption or guardianship expenses incurred by or on behalf of adoptive parents or guardians in connection with the adoption of, or establishment of a guardianship for, a child with special needs; may include, but are not limited to, the maintenance costs, medical and surgical expenses, and other costs incidental to the care, training and education of the child; may not exceed the cost of providing comparable assistance in foster care; and may not be made: for a child who has not attained 18 years of age, when the adoptive parents or guardians are no longer legally responsible for the support of the child; or when the child is no longer receiving any support from the adoptive parents or guardians.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Or. Rev. Stat. § 419B

• “Extracurricular activities” means age-appropriate or developmentally appropriate activities as follows:
• Activities or items that are generally accepted as suitable for children or wards of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child or ward, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and
• In the case of a specific child or ward, activities or items that are suitable for the child or ward based on the developmental stages attained by the child or ward with respect to the cognitive, emotional, physical and behavioral capacities of the child or ward.
•  “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child or ward while encouraging the emotional and developmental growth of the child or ward, that a substitute care provider shall use when determining whether to allow a child or ward in substitute care to participate in extracurricular activities.

Youth are Entitled to Activities

Or. Rev. Stat. § 419B

• The Department of Human Services shall, in accordance with rules adopted by the department, ensure that a substitute care provider for a child or ward in the care or custody of the department:
  • Provides an opportunity for the child or ward to participate in at least one ongoing extracurricular activity based on availability and the interests of the child or ward.
  • Applies a reasonable and prudent parent standard when determining such participation.
  • The department and the substitute care provider shall confer to determine the party that will be responsible for payment of any fee or charge related to a child’s or ward’s participation in an extracurricular activity under this section.
• Nothing in subsection (2) of this section shall be construed to prohibit a child or ward from participating, or a substitute care provider from allowing a child or ward to participate, in a summer camp or religious services. However, participation in a summer camp or religious services alone does not satisfy the requirements of subsection (2) of this section. [2015 c.472 §2]

Tuition Waivers

Age Range

ORS 351.293

• Until age 25

Other Eligibility Requirements

ORS 351.293

• A current foster child or former foster child under 25 years of age who enrolls in an institution of higher education.
• A ward of the court in the legal custody of the Department of Human Services for out-of-home placement and not dismissed from care before reaching 16 years of age.

Permitted Uses for Funding

ORS 351.293

• Tuition and fees

Pennsylvania Data Profile

Pennsylvania: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Pa. Stat. Ann. tit. 62 § 1303

• The county agency shall exercise due diligence to identify and notify all grandparents and other adult relatives to the fifth degree of consanguinity or affinity to the parent or stepparent of a dependent child and each parent who has legal custody of a sibling of a dependent child within 30 days of the child's removal from the child's home when temporary legal and physical custody has been transferred to the county agency.

Timetable for Search

Pa. Stat. Ann. tit. 62 § 1303

• Within 30 days of the child's removal

Notice Procedure and Investigating Ability to Care for Child

Pa. Stat. Ann. tit. 62 § 1303, Pa. Stat. Ann. tit. 23 § 6344(d)

• The notice must explain all of the following: Any options under Federal and State law available to the relative to participate in the care and placement of the child, including any options that would be lost by failing to respond to the notice; the requirements to become a foster parent, permanent legal custodian or adoptive parent; and the additional supports that are available for children removed from the child's home.
• With regard to prospective adoptive or prospective foster parents, the following shall apply: (1) In the course of causing an investigation to be made pursuant to section 2535(a) (relating to investigation), an agency or person designated by the court to conduct the investigation shall require prospective adoptive parents and any individual over the age of 18 years residing in the home to submit the information set forth in subsection (b) for review in accordance with this section. If a prospective adoptive parent, or any individual over 18 years of age residing in the home, has resided outside this Commonwealth at any time within the previous five-year period, the agency or person designated by the court shall require that person to submit a certification obtained within the previous one-year period from the Statewide central registry, or its equivalent in each state in which the person has resided within the previous five-year period, as to whether the person is named as a perpetrator of child abuse. If the certification shows that the person is named as a perpetrator of child abuse within the previous five-year period, the agency or person designated by the court shall forward the certification to the department for review. The agency or person designated by the court shall not approve the prospective adoptive parent if the department determines that the person is named as the equivalent of a perpetrator of a founded report of child abuse within the previous five-year period.
•  In addition, the foster family care agency shall consider the following when assessing the ability of applicants for approval as foster parents: the ability to provide care, nurturing and supervision to children, mental and emotional well-being. If there is a question regarding the mental or emotional stability of a family member which might have a negative effect on a foster child, the foster family care agency shall require a psychological evaluation of that person before approving the foster family home, supportive community ties with family, friends and neighbors, existing family relationships, attitudes and expectations regarding the applicant's own children and parent/child relationships, especially as they might affect a foster child, ability of the applicant to accept a foster child's relationship with his own parents, the applicant's ability to care for children with special needs, number and characteristics of foster children best suited to the foster family, and ability of the applicant to work in partnership with a foster family care agency.

Method of Searching

Pa. Stat. Ann. tit. 62 §§ 1302.1-1302.2

• Family finding shall be conducted for a child when the child is accepted for services and at least annually thereafter, until the child's involvement with the county agency is terminated or the family finding is discontinued. Discontinuance of family finding is permitted in certain circumstances (see 62 P.S. § 1302.2).

Exceptions for Placement

Pa. Stat. Ann. tit. 23 § 6344(d)(1)

• The agency or person designated by the court shall not approve the prospective adoptive parent if the department determines that the person is named as the equivalent of a perpetrator of a founded report of child abuse within the previous five-year period.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

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

• Until age 21

Eligibility

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

• Has requested the court to retain jurisdiction, and remains under the jurisdiction of the court as a dependent child because the court has determined that the child is: completing secondary education or an equivalent credential; enrolled in an institution which provides postsecondary or vocational education; participating in a program actively designed to promote or remove barriers to employment; employed for at least 80 hours per month; or incapable of doing any of the above activities due to a medical or behavioral health condition.

Reentry into Care Allowed

Pa. Cons. Stat. Tit. 42, § 6351: Juvenile Matters

• Yes

Increasing Placement Stability

Kinship Placement Priority

Pa. Stat. Ann. tit. 11 § 2633

• Provides that first consideration for placement should be with relatives, including siblings. In the absence of relatives, to have any kinship resource be considered as the preferred placement resource if the placement is consistent with the best interest of the child and the needs of other children in the kinship residence.

Subsidized Guardianship

Pa. Stat. Ann. tit. 62 §§ 1303.1-1303.2

• Establishes the Subsidized Permanent Legal Custodianship Program. The amount of permanent legal custodianship subsidy for maintenance costs to a permanent legal custodian shall not exceed the monthly payment rate for foster family care in the county in which the child resides.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Pa. Cons. Stat. tit. 42, § 6302

• “Reasonable and prudent parent standard.” The standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while encouraging the emotional and developmental growth of the child, that a caregiver must use when determining whether to allow a child in an out-of-home placement under the responsibility of the county agency to participate in extracurricular, enrichment, cultural and social activities.

Youth are Entitled to Activities

Pa. Cons. Stat. tit. 42, § 6351

• If the child has been placed with a caregiver, whether the child is being provided with regular, ongoing opportunities to participate in age-appropriate or developmentally appropriate activities. In order to make the determination under this paragraph, the county agency shall document the steps it has taken to ensure that:
• (i) the caregiver is following the reasonable and prudent parent standard; and
• (ii) the child has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities. The county agency shall consult with the child regarding opportunities to engage in such activities.

Rhode Island Data Profile

Rhode Island: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

R.I. Gen. Laws § 14-1-27(c) & (d)

• When DCYF makes application to the court to take a child into temporary custody due to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the possibility of placing the child or children with a fit and willing relative not residing with the parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or children with the relative within thirty (30) days of the child's placement in the temporary custody of DCYF. If the department determines that the relative is a fit and proper person to have placement of the child, the child shall be placed with that relative, unless the particular needs of the child make the placement contrary to the child's best interests. All placements with relatives shall be subject to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by DCYF, and interstate compact approval, if necessary. If DCYF proposes to place the child with a relative outside the state of Rhode Island, DCYF shall notify the parent who shall have an opportunity to file an objection to the placement with the family court within ten (10) days of receipt of the notice. A hearing shall be held before the child is placed outside the state of Rhode Island.

Timetable for Search

R.I. Gen. Laws § 14-1-27(c) & (d)

• within thirty (30) days of the child's placement in the temporary custody of DCYF.

Notice Procedure and Investigating Ability to Care for Child

R.I. Gen. Laws § 14-1-27(c) & (d)

• DCYF shall have the duty to investigate the possibility of placing the child or children with a fit and willing relative not residing with the parents. All placements with relatives shall be subject to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by DCYF, and interstate compact approval, if necessary.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

R.I. Gen. Laws § 14-1-6

• Until age 21

Eligibility

R.I. Gen. Laws § 14-1-6

• The young adult was in the legal custody of the department at age 18; or
• The young adult is participating in at least one of the following:
  • Completing the requirements to receive a high school diploma or GED.
  • Completing a secondary education or a program leading to an equivalent credential; enrolled in an institution that provides post-secondary or vocational education.
  • Participating in a job training program or an activity designed to promote or remove barriers to employment.
  • Be employed for at least eighty (80) hours per month.
  • Incapable f doing any of the foregoing due to a medical condition that is regularly updated and documented in the case plan

Placement Agreement

14 R.I. Gen. Laws § 14-1-3

• "Voluntary placement agreement for extension of care" means a written agreement between the state agency and a young adult who meets the eligibility conditions specified in § 14-1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the young adult and the rights and obligations of the young adult, as well as the services and supports the agency agrees to provide during the time that the young adult consents to giving the department legal responsibility for care and placement.

Supports

40 R.I. Gen. Laws § 40-11-12.5

• The permanency plan shall document the reasonable efforts made by the department and the young adult to finalize a permanency plan that addresses the goal of preparing the young adult for independence and successful adulthood. This includes, but is not limited to, housing assistance to obtain supervised independent living arrangements, shared living arrangements or extended foster and kinship care; education, vocational assessment, job training and employment plan needed to transition the young adult to self-sufficiency; assisting the young adult in obtaining educational goals; a job, employment/vocational skills; any other services and supports that will assist the young adult in accessing available services; applying for public benefits; acquiring important documents, such as ID card, driver's license, birth certificate, social security card, health insurance cards, medical records; attending to physical and mental health needs; maintaining relationships with individuals who are important to them and acquiring information about siblings and other maternal and paternal relatives.

Reentry into Care Allowed

R.I. Gen. Laws § 14-1-6

• Yes

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

R.I. Gen. Laws § 23-13.7-2, R.I. Gen. Laws § 14-1-6, § 40.1-5.4-4, § 42-72-5

• Directs the Department of Health to obtain an annual estimate of the number of children born to families who face significant risk factors known to impair child development. Requires the Department of Health to coordinate the system of early childhood home-visiting services and work with the Department of Human Services and Department of Children, Youth and Families to identify effective, evidence-based home-visiting models that meet the needs of vulnerable families with young children.
• Mandates the development of a transition plan by the Department of Children, Youth and Families in collaboration with the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals for all children, under the jurisdiction of the family court, who are developmentally delayed or seriously emotionally disturbed, prior to the child turning a certain age, which addresses housing, placement options, health insurance, education, employment services, mentors and continuing support services.

Increasing Placement Stability

Kinship Placement Priority

R.I. Gen. Laws § 14-1-27(c) & (d)

• When DCYF makes application to the court to take a child into temporary custody due to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the possibility of placing the child or children with a fit and willing relative not residing with the parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or children with the relative within thirty (30) days of the child's placement in the temporary custody of DCYF. If the department determines that the relative is a fit and proper person to have placement of the child, the child shall be placed with that relative, unless the particular needs of the child make the placement contrary to the child's best interests. All placements with relatives shall be subject to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by DCYF, and interstate compact approval, if necessary. If DCYF proposes to place the child with a relative outside the state of Rhode Island, DCYF shall notify the parent who shall have an opportunity to file an objection to the placement with the family court within ten (10) days of receipt of the notice. A hearing shall be held before the child is placed outside the state of Rhode Island.

Subsidized Guardianship

R.I. Gen. Laws § 40-11-12.3

• The state may make funds available through the department of children, youth and families for special reimbursement to guardians appointed pursuant to this chapter. These funds will be disbursed in accordance with the guidelines to be promulgated by the department of children, youth and families.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

R.I. Gen. Laws § 42-72.10-1

• Foster parents have the right to provide or withhold permission, without prior approval of the caseworker, department, educational advocate, or court, to allow a child in his or her care to participate in normal childhood activities based on a reasonable and prudent parent standard in accordance with the provisions of Title IV-E of the Social Security Act. The reasonable and prudent parent standard means the standard of care used in determining whether a foster parent(s) can allow a child in his or her care to participate in educational field trips, extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decision-making that is intended to maintain a child's health, safety, and best interest while encouraging the child's social, emotional, and developmental growth.

Tuition Waivers

Age Range

RI § 42-72.8-2

• Until age 23

Other Eligibility Requirements

RI § 42-72.8-2

• Each year the department shall identify and recommend from among youth in its legal custody, or who were in the Department's legal custody on their eighteenth (18th) birthday who:
  • Have not yet reached the age of eighteen (18) and have remained in custody of the department for at least twenty-four (24) months prior to the day of recommendation.
  • Or, fr former foster care, have reached the age of eighteen (18) prior to the date of recommendation, have not yet reached the age of twenty-one (21) and were in the custody of the department from their 16th to their 18th  birthdays.
  • Have graduated from high school or received the equivalent of a high school diploma not more than one year prior to the date of recommendation.
  • Has not reached his/her 21st birthday; except that youth who are participating in this program on the date before his/her 21st  birthday may remain eligible until his/her 23rd birthday, as long as he/she continues to be considered a full-time student by Community College of Rhode Island, Rhode Island College or University of Rhode Island, and is making satisfactory progress, as determined by the school in which he/she is enrolled, toward completion of his/her degree program.

Permitted Uses for Funding

RI § 42-72.8-2

• Tuition, fees and room and board charges.

South Carolina Data Profile

South Carolina: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

SC Code 56-1-100

• Allows foster parents to sign driver’s license applications for unemancipated youth. Grants exception to liability for, among others, foster parents.

Diligent Search Criteria

General Search

S.C. Code Ann. § 63-7-2320(C)

• When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to identify a relative who would be appropriate for placement of the child in accordance with the preliminary investigation requirements.

Timetable for Search

S.C. Code Ann. § 63-7-690

• If within the twenty-four hours following removal of the child: (1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and (2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement.

Notice Procedure and Investigating Ability to Care for Child

S.C. Code 63-7-7301

• If the court finds at the probable cause hearing that the department made reasonable efforts to prevent removal of the child and that continuation of the child in the home would be contrary to the welfare of the child, the court may order expedited placement of the child with a grandparent or other relative of the first or second degree. In making this expedited placement decision, the court shall consider the totality of the circumstances including, but not limited to, the individual's suitability, fitness, and willingness to serve as a placement for the child. A parent who complies with these requirements must be the first relative considered by the court for expedited placement. The court shall require the department to check the names of all adults in the home against the Central Registry of Child Abuse and Neglect, other relevant records of the department, county sex abuse registers, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the person resides and, to the extent reasonably possible, jurisdictions in which the person has resided during that period. The court may hold open the record of the probable cause hearing for up to twenty-four hours to receive the these reports. Nothing in this section precludes the department from requesting or the court from ordering pursuant to the department's request either a full study of the individual's home before placement or the licensing or approval of the individual's home before placement.

Exceptions for Placement

S.C. Code Ann. § 63-7-2350

• No child in the custody of the Department of Social Services may be placed in foster care or for adoption with a person if the person or anyone eighteen years of age or older residing in the home: (1) has a substantiated history of child abuse or neglect; or (2) has pled guilty or nolo contendere to or has been convicted of: an “Offense Against the Person” as provided for in Chapter 3, Title 16; an “Offense Against Morality or Decency” as provided for in Chapter 15, Title 16; contributing to the delinquency of a minor as provided for in Section 16-17-490; the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger; criminal domestic violence as defined in Section 16-25-20; criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65; a felony drug-related offense under the laws of this State; unlawful conduct toward a child as provided for in Section 63-5-70; cruelty to children as provided for in Section 63-5-80; child endangerment as provided for in Section 56-5-2947; or criminal sexual conduct with a minor in the first degree as provided for in Section 16-3-655(A). A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section. This section does not prevent foster care placement or adoption placement when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

S.C. Code of Regs. § 114-595

• Independent living services up to age 21 offered by the department, but no extended foster care

Reentry into Care Allowed

South Carolina Department of Human Services, Human Services Policy and Procedures Manual 832.01.04

• Yes

Increasing Placement Stability

Kinship Placement Priority

SC Code § 63-7-1680

• In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and who has a constructive and caring relationship with the child

Caretaker Involved Practices

S.C. Code Ann. § 63-7-2320(C)

• If the department determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not already licensed to provide foster care, the department shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents.

Subsidized Guardianship

S.C. Code Ann. § 43-5-400

• The program in this state is known as the Family Independence Program. "Dependent child" means a child under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from home or physical or mental incapacity of a parent and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as his or their own home and who, if not granted aid, is likely to become a public charge or who would otherwise be deprived of proper support, care or training or a child under the age of twenty-one years who is attending high school or college or regularly attending a course of vocational or technical training. "Aid to dependent children or needy relative" means money payments in behalf of a dependent child, or a needy relative with whom any dependent child is living.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

S.C. Code § 63-7-20

• “Reasonable and prudent parent standard” means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the growth and development of the child, that a caregiver shall use when determining whether to allow a child in foster care to participate in age or developmentally appropriate activities.

Youth are Entitled to Activities

S.C. Code § 63-7-20

• “Age or developmentally appropriate” means:
• activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group.
• in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
• activities that include, but are not be limited to, the following:
  • sports;
  • field trips;
  • extracurricular activities;
  • social activities;
  • after school programs or functions;
  • vacations with caregiver lasting up to two weeks;
  • overnight activities away from caregiver lasting up to one week;
  • employment opportunities; and
  • in-state r out-of-state travel, excluding overseas travel.
• activities that do not conflict with any pending matters before the court, an existing court order, or the child's scheduled appointments for evaluations or treatment.

South Dakota Data Profile

South Dakota: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

Placement Review Process

S.D. Codified Laws 26-8A-29.1

• Allows any relative who has been denied adoptive placement by the Department of Social Services to request a hearing to determine if the placement was an abuse of discretion, provided that the child was not placed with another relative. No intervention will be allowed, however, in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child except as provided by this chapter and under the Indian Child Welfare Act.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

S.D. Codified Laws § 26-6-6.1

• Until age 21

Eligibility

S.D. Codified Laws § 26-6-6.1

• The youth must consent in writing, must've been in foster care immediately prior to reaching majority, and has not completed the twelfth grade of school or is in a continuing course of remedial treatment.

Reentry into Care Allowed

• No

Increasing Placement Stability

Kinship Placement Priority

S.D. Codified Laws § 26-7A-19

• The court and the Department of Social Services shall give placement preference to a relative or custodian who is available and who has been determined by the department to be qualified, provided that placement with the relative or custodian is in the best interest of the child.

Subsidized Guardianship

S.D. Codified Laws § 28-1-64

• Payments by public agencies to adoptive parents with limited means--Costs covered--Rules. The provisions of § 25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the necessary costs of the legal completion of the child's adoption. The department may make these payments if the family has the capability of providing the permanent family relationships needed by the child in all areas except financial, as determined by the department or a licensed child placement agency. It shall also be determined that the needs of the child are beyond the economic ability and resources of the family and that the child would go without adoption except for the acceptance of the child as a member of the adoptive family or that the child would become dependent upon the state for support. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance, medical, dental, or hospital care shall terminate on or before the child's 21st birthday. The secretary of social services may promulgate reasonable and necessary rules pursuant to chapter 1-26 to implement this section.

Tennessee Data Profile

Tennessee: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

TN Code § 55-50-312

• The application of any person under eighteen (18) years of age for an instruction permit or driver license shall be signed and verified before a person authorized to administer oaths by the person's parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, or, in the event there is no parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor.

Auto Insurance: Obtaining A Contract

TN Code § 55-50-312

• If other than a parent, stepparent, grandparent, guardian, foster parent, or other authorized representative of the department of children's services, the responsible person must, in addition to assuming responsibility, file future proof of insurance on behalf of the minor until the minor reaches eighteen (18) years of age. If during this period the insurance or proof of financial responsibility is canceled, terminated or no longer in force, the driving privileges of the minor shall be suspended until requirements of this section and §§ 55-50-301 and 55-50-302 are complied with and a new application for reinstatement of the license is made. If, in the event the applicant for a driver license is married, the spouse may sign and verify the application, if the spouse is a person capable of legally entering into contractual relationships.

Diligent Search Criteria

General Search

Tenn. Code Ann. § 37-2-403

• Whenever a child is removed from such child's home and placed in the department's custody, the department shall seek to place the child with a fit and willing relative if such placement provides for the safety and is in the best interest of the child. Notwithstanding any provision of this section or any other law to the contrary, whenever return of a child to such child's parent is determined not to be in the best interest of the child, then such relative with whom the child has been placed shall be given priority for permanent placement or adoption of the child prior to pursuing adoptive placement of such child with a non-relative.

Notice Procedure and Investigating Ability to Care for Child

Tenn. Code Ann. § 37-2-414(b)(3)

• The department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster parent. Relatives within the first, second or third degree to the parent or stepparent of a child who may be related through blood, marriage or adoption may be eligible for approval as a kinship foster parent. The kinship foster parent shall be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between 18 and 21 years of age, the department may waive the age requirement. A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home. A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check. The department shall determine whether the person is able to care effectively for the foster child by: (i) reviewing personal and professional references; (ii) observing a home visit; and (iii) interviewing the kinship foster parent.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Tenn. Code § 37-2-417

• Until age 21

Eligibility

Tenn. Code § 37-2-417

• Youth were in the custody of the Department on their 18th birthday and who are completing secondary education or a program leading to an equivalent credential; enrolled in an institution which provides postsecondary 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 activities above due to a medical condition, including a developmental or intellectual condition and who complies with a course of treatment as recommended by the department.

Supports

Tenn. Code §§ 37-2-603

• The resource centers shall provide or facilitate the assistance necessary to deal with the challenges and barriers associated with the transition into adulthood and early adult years; support post-secondary education, vocational training and job skills development for such person; find and retain employment, housing, transportation, parenting and family support, health care and mental health care; and navigate systems and procedures that impact the person's education, employment, health and mental welfare and basic needs.

Reentry into Care Allowed

Tenn. Code § 37-2-417

• Yes

Increasing Placement Stability

Kinship Placement Priority

Tenn. Code Ann. § 37-2-414(b)(1)-(2)

• Establishes a “Kinship Foster Care Program.” When a child has been removed from such child's home and is in the care, custody or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

Subsidized Guardianship

TN Code Ann. § 37-2-414

• When the department approves a relative to provide kinship foster care for a child in state custody and places the child with the relative, the relative may receive full foster care payments and other financial and service benefits available to foster parents.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Tennessee Code Annotated, Title 37, Chapter 2, Part 4

• "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while also encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in age-or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.
• Every child-placing agency that makes a determination regarding whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities shall designate an on-site official who is authorized to apply the reasonable and prudent parent standard and assist a caregiver in application of the reasonable and prudent parent standard.
• A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.

Caregivers are Not Held Liable

Tennessee Code Annotated, Title 37, Chapter 2, Part 4

• The caregiver and the child-placing agency, if applicable, shall not be liable for injuries to the child that occur as a result of acting in accordance with the reasonable and prudent parent standard. Any caregiver or child-placing agency acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action.

Tuition Waivers

Other Eligibility Requirements

Tenn. Code § 49-4-933

• Meet the applicable academic requirements for a Tennessee HOPE scholarship or Tennessee HOPE access grant that apply to the method by which the student completed high school.
• Apply for a Tennessee HOPE foster child tuition grant and file a FAFSA.
• Be admitted to and enroll in an eligible postsecondary institution.
• Was in state custody for at least one (1) year after reaching fourteen (14) years of age.
• Was in state custody for at least one (1) year after reaching fourteen (14) years of age and was placed for adoption by the department of children's services or one of its adoption contract agencies, and the adoption was finalized.
• Was in state custody for at least one (1) year and was placed in permanent guardianship by the department of children's services after reaching fourteen (14) years of age.
• The student shall be eligible for the Tennessee HOPE foster child tuition grant:
  • For entrance to an eligible postsecondary institution for a period of no more than four (4) years after the date of graduation from high school or its equivalent.
  • For a period of six (6) years after admittance to an eligible postsecondary institution if satisfactory progress is achieved and maintained.

Permitted Uses for Funding

Tenn. Code § 49-4-933

• Cost of attendance less other gift aid, not to exceed tuition and fees

Texas Data Profile

Texas: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Crossover Youth

Information and Data Sharing

V.T.C.A., Family Code § 58.0052 

• At the request of a juvenile service provider, another juvenile service provider shall disclose to that provider a multi-system youth's personal health information or a history of governmental services provided to the multi-system youth, including:
  • identity records.
  • medical and dental records.
  • assessment or diagnostic test results.
  • special needs.
  • program placements.
  • psychological diagnoses.
  • there related records or information.

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

V.T.C.A., Transportation Code § 521.1811

§ 521.1811.

• Exempts youth in care from driver’s license fees.

Driver's License: A Required Document

Texas Family Code 264.1211

• Requires the department and the Department of Public Safety to develop procedures to ensure that a foster child obtains a driver’s license or personal identification card before the child leaves care.

Diligent Search Criteria

Timetable for Search

Tex. [Fam.] Code Ann. § 261.307

• After the department determines that removal of the child may be warranted, it shall provide the parent with a proposed child placement resource form. The form instructs the parent to identify three individuals who could be relative caregivers or designated caregivers and informs the parent of a location that is available to the parent to submit the information in the form 24 hours a day.

Notice Procedure and Investigating Ability to Care for Child

Tex. [Fam.] Code Ann. § 264.753

• The department must expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.

Method of Searching

Tex. [Fam.] Code Ann. § 264.205, Tex. [Fam.] Code Ann. § 261.307

• The department shall develop swift adoption teams to expedite the process of placing a child under the jurisdiction of the department for adoption. Swift adoption teams developed under this section shall, in performing their duties, attempt to place a child for adoption with an appropriate relative of the child.
• After the department determines that removal of the child may be warranted, it shall provide the parent with a proposed child placement resource form. The form instructs the parent to identify three individuals who could be relative caregivers or designated caregivers and informs the parent of a location that is available to the parent to submit the information in the form 24 hours a day.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Tex. Admin. Code § 700.346

• 21; 22 if attending high school or pursuing a program leading toward a high school diploma or high school equivalence certificate

Eligibility

Tex. Fam. Code § 264.101; Tex. Fam. Code § 263.6015; Tex. Fam. Code § 263.602; Tex. Fam. Code § 263.6021; Fam. Code § 264.855

• (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:
• regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate.
• regularly attending an institution of higher education or a postsecondary vocational or technical program.
• participating in a program or activity that promotes, or removes barriers to, employment.
• employed for at least 80 hours a month; or
• 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:
• Subsection (a-1)(1) until the last day of the month in which the child attains the age of 22.
• Subsections (a-1)(2)-(5) until the last day of the month the child attains the age of 21.
• A young adult is assigned trial independence status when the young adult:
• does not enter extended foster care at the time of the young adult's 18th birthday; or
• exits extended foster care before the young adult's 21st birthday.
• 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:
• the date of the young adult's 18th birthday for a young adult described by Subsection (a)(1); or
• the date the young adult exits extended foster care.
• 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.
• 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).
• The trial independence status of a young adult ends on the young adult's 21st birthday.
• 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.
• 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.

Placement Agreement

Tex Fam. Code §§ 263.601; 263.602

• A court with extended jurisdiction over a young adult in extended foster care shall conduct extended foster care review hearings every 6 months for the purpose of reviewing and making findings regarding:
• Whether the young adult's living arrangement is safe and appropriate and whether the department has made reasonable efforts to place the young adult in the least restrictive environment necessary to meet the young adult's needs.
• Whether the department is making reasonable efforts to finalize the permanency plan that is in effect for the young adult, including a permanency plan for independent living.
• Whether, for a young adult whose permanency plan is independent living:
• The young adult participated in the development of the plan of service.
• The young adult's plan of service reflects the independent living skills and appropriate services needed to achieve independence by the projected date.
• The young adult continues to make reasonable progress in developing the skills needed to achieve independence by the projected date.
• Whether additional services that the department is authorized to provide are needed to meet the needs of the young adult

Supports

Tex Fam. Code § 264.121

• The department shall require a foster care provider to provide or assist youth who are age 14 or older in obtaining experiential life-skills training to improve their transition to independent living. Experiential life-skills training must be tailored to a youth's skills and abilities and must include training in practical activities that include grocery shopping, meal preparation and cooking, performing basic household tasks, and, when appropriate, using public transportation.
• Financial literacy education program that: assists a youth who has a source of income to establish a savings plan and, if available, a savings account that the youth can independently manage.
• Medicaid coverage until age 21.
• Priority status with the Texas Workforce Commission.
• Exemption from the payment of tuition and fees at institutions of higher education
• Required documents:
  • (1) the youth's birth certificate.
  • (2) the youth's immunization records.
  • (3) the information contained in the youth's health passport.
  • (4) a personal identification certificate under Chapter 521, Transportation Code.
  • (5) a social security card or a replacement social security card, if appropriate.
  • (6) proof of enrollment in Medicaid, if appropriate.
• The department shall require a person with whom the department contracts for transitional living services for foster youth to provide or assist youth in obtaining:
  • Housing services; job training and employment services; college preparation services; services that will assist youth in obtaining a general education development certificate; services that will assist youth in developing skills in food preparation; nutrition education that promotes healthy food choices; a savings or checking account if the youth is at least 18 years of age and has a source of income; and any other appropriate transitional living service identified by the department.
• For a youth taking prescription medication, the department shall ensure that the youth's transition plan includes provisions to assist the youth in managing the use of the medication and in managing the child's long-term physical and mental health needs after leaving foster care, including provisions that inform the youth about:
  • (1) the use of the medication.
  • (2) the resources that are available to assist the youth in managing the use of the medication.
  • (3) informed consent and the provision of medical care
• The department shall ensure that the transition plan for each youth 16 years of age or older includes provisions to assist the youth in managing the youth's housing needs after the youth leaves foster care, including provisions that: identify the cost of housing in relation to the youth's sources of income, including any benefits or rental assistance available to the youth inform the youth about emergency shelters and housing resources, including supervised independent living and housing at colleges and universities, such as dormitories; require the department to review a common rental application with the youth and ensure that the youth possesses all of the documentation required to obtain rental housing;  and identify any individuals who are able to serve as cosigners or references on the youth's applications for housing.

Reentry into Care Allowed

Tex. Admin. Code § 700.346

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Tex. Government Code Ann. § 531.055, Tex. Fam. Code § 58.0052

• Includes the Texas Education Agency (TEA) among the agencies required to enter into a joint memorandum of understanding to promote a system of local-level interagency staffing groups to coordinate services for persons needing multiagency services and to clarify that the health and human services agencies required to enter that joint memorandum of understanding are the Health and Human Services Commission (HHSC), the Department of Family and Protective Services (DFPS), and the Department of State Health Services (DSHS). Details how the services to those in need of multiagency services will be identified and administered.
• Requires the Department of Family and Protective Services and the Texas Juvenile Justice Department, in addition to the information relating to requiring a juvenile service provider to disclose a multi-system youth's certain personal health information, to share with each other, on request, any other information relating to a multi-system youth necessary to identify and coordinate the provision of services to the youth, enhance rehabilitation of the youth, and improve and maintain community safety.

Services for Children and Families Involved with the Child Welfare System

Tex. Government Code Ann. § 533.00255, § 539.001, § 539.002, § 539.003, § 539.004, § 539.005, § 539.006, § 539.007, § 539.008 and Tex. Health and Safety Code Ann. 1001.078

• Relates to integrating behavioral health and physical health services provided under the Medicaid program using managed care organizations; relates to delivery of mental health, behavioral health, substance abuse, and certain other services.

Increasing Placement Stability

Kinship Placement Priority

Tex. [Fam.] Code Ann. § 264.753, Tex. [Fam.] Code 264.7541

• The department must expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.
• Like in non-kinship placements for youth in foster care, a pre-placement visit and provision of a placement form is required for kinship placements. However, the department may waive those requirements if the proposed relative or other designated caregiver has a long-standing or significant relationship with the child and has provided care for the child at any time during the 12 months preceding the date of the proposed placement.

Subsidized Guardianship

Tex. [Fam.] Code Ann. § 264.852

• A permanency care assistance agreement may provide for reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child, including attorney's fees and court costs. The reimbursement of the nonrecurring expenses under this subsection may not exceed $2,000.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Tex. Fam. Code § 264.001

• "Standard of care of a reasonable and prudent parent" means the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking into consideration:
  • The overall health and safety of the child.
  • The child's age, maturity, and development level.
  • The best interest f the child based on the caregiver's knowledge of the child.
  • The appropriateness of a proposed activity and any potential risk factors.
  • The behavioral history of the child and the child's ability to safely participate in a proposed activity.
  • The importance of encouraging the child's social, emotional and developmental growth.
  • The importance of providing the child with the most family like living experience possible.

Tuition Waivers

Other Eligibility Requirements

Texas Education Code § 54.367

• A student is exempt from the payment of tuition and fees authorized by this chapter if the student:
  • was adopted.
  • was the subject f an adoption assistance agreement under Subchapter D, Chapter 162, Family Code, that:
    • provided monthly payments and medical assistance benefits.
    • was not limited to providing only for the reimbursement of nonrecurring expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses directly related to the legal adoption of the child.

Permitted Uses for Funding

Texas Education Code § 54.367

• Tuition and fees

State Data

Utah: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

U.C.A. 1953 § 62A-4a-121

• Within specified amounts, the division may reimburse a foster parent for providing owner's or operator's security covering a foster child's operation of a motor vehicle if the foster child is in the legal custody of the division. Division is to establish rules on the reimbursement process and on eligibility. Division must report to the Legislature on the number of foster children issued a driver’s license; the results and impact of foster parent signing for a foster child to receive a driver’s license; and the division's cost of reimbursing foster parents for providing owner's or operator's security.

Auto Insurance: Reduces Financial Barriers

Utah Admin. Code. § R512-309

• R512-309. Out-of-Home Services, Foster Parent Reimbursement of Motor Vehicle Insurance Coverage for Youth in Foster Care.

Diligent Search Criteria

General Search

Utah Code Ann. § 78A-6-307(7)

• If, at the time of the shelter hearing, a child is removed from the custody of the child's parent and is not placed in the custody of his other parent, the court (a) shall, at that time, determine whether, subject to Subsection (18)(c), there is a relative of the child or a friend of a parent of the child who is able and willing to care for the child. (b) may order the division to conduct a reasonable search to determine whether there are relatives of the child or friends of a parent of the child who are willing and appropriate for placement of the child; (c) shall order the parents to cooperate with the division, within five working days, to provide information regarding relatives of the child or friends who may be able and willing to care for the child; and (d) may order that the child be placed in the custody of the division pending the determination of available relatives.

Timetable for Search

Utah Code Ann. § 78A-6-307(7)

• If, at the time of the shelter hearing, a child is removed from the custody of the child's parent and is not placed in the custody of his other parent, the court shall order the parents to cooperate with the division, within five working days, to provide information regarding relatives of the child or friends who may be able and willing to care for the child

Method of Searching

Utah Code Ann. § 78A-6-307(7)

• If, at the time of the shelter hearing, a child is removed from the custody of the child's parent and is not placed in the custody of his other parent, the court shall order the parents to cooperate with the division, within five working days, to provide information regarding relatives of the child or friends who may be able and willing to care for the child

Exceptions for Placement

Utah Code Ann. § 78A-6-307 (18)

• Any preferential consideration that a relative or friend is initially granted expires 120 days from the date of the shelter hearing. After that time period has expired, a relative or friend who has not obtained custody or asserted an interest in a child may not be granted preferential consideration.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Utah Code § 78A-6-117

• Until age 21 unless the youth opts out

Placement Agreement

Utah Admin. Code R512-305-3; R512-305-4

• Based upon the empirically validated life skills assessment, a TAL plan is developed that identifies the youth's strengths, needs, and specific services. The caseworker and youth shall complete a contract outlining responsibilities and expectations while in the TAL placement.

Supports

Utah Admin. Code R512-305-2; R512-305-3; R512-305-5

• Services may include additional Basic Life Skills training, information and referral, mentoring, computer access for resources, and follow-up support. Funds also may assist eligible youth with education, training, and career exploration; physical health, mental health, and emotional support; transportation; and housing support

Reentry into Care Allowed

Utah Code Ann. § 78A-6-117

• Yes, within 90 days of opting out

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Utah Code Ann. § 62A-4a-117, § 62A-4a-203.1, § 62A-4a-209, § 62A-4a-213, § 62A-4a-302, § 62A-4a-311, § 63I-1-262, § 76-5-308, § 76-5-308.5, § 78A-6-302, § 78A-6-312, § 78A-6-314

• Requires the division, through a contract with the Department of Health, to establish and operate a psychotropic medication oversight pilot program for children in foster care.

Increasing Placement Stability

Kinship Placement Priority

Utah Code Ann. § 78A-6-312(8)

• In addition to the primary permanency goal, the court shall establish a concurrent permanency goal that shall include the preference for kinship placement over non-kinship placement and the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available.

Subsidized Guardianship

Utah Code Ann. § 62A-4a-904

• Pursuant to federal requirements of 42 U.S.C. Sec. 670 et seq., Social Security Act, the Division of Child and Family Services shall provide for payment of nonrecurring adoption expenses for an eligible child who has a special need; and state medical assistance when required by federal law; and may provide for monthly subsidies for an eligible child who has a special need.

Caseworker Retention

Utah Code Ann. § 62A-4a-107

• Any child welfare caseworker who is employed by the division shall, before assuming significant independent casework responsibilities, successfully complete:
  • Training developed by the division.
  • Receive n-the-job training that consists of observing and accompanying at least two capable and experienced child welfare caseworkers as they perform work-related functions:
    • For three months if the caseworker has less than six months of on-the-job experience as a child welfare caseworker.
    • For two months if the caseworker has six months or more but less than 24 months of on-the-job experience as a child welfare caseworker.
    • A child welfare caseworker with at least 24 months of on-the-job experience is not required to receive on-the-job training.
• Child welfare caseworkers shall complete training in:
  • The legal duties f a child welfare caseworker.
  • The responsibility of a child welfare caseworker to protect the safety and legal rights of children, parents, and families at all stages of a case, including:
  • Initial contact.
  • Investigation.
  • Treatment.
  • Recognizing situations involving:
  • substance abuse.
  • Domestic violence.
  • Abuse.
  • Neglect.
  • The relationship of the Fourth and Fourteenth Amendments of the Constitution of the United States to the child welfare caseworker's job, including:
    • Search and seizure of evidence.
    • The warrant requirement.
    • Exceptions to the warrant requirement.
    • Removing a child from the custody of the child's parent or guardian.
• The division shall train its child welfare caseworkers to apply the risk assessment tools and rules described in Subsection 62A-4a-1002(2).
• The division shall use the training of child welfare caseworkers to emphasize:
  • The importance of maintaining the parent-child relationship whenever possible.
  • The preference fr providing in-home services over taking a child into protective custody, both for the emotional well-being of the child and the efficient allocation of resources; and the importance and priority of:
    • Kinship placement in the event a child must be taken into protective custody.
    • Guardianship placement, in the event the parent-child relationship is legally terminated and no appropriate adoptive placement is available.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Utah Code Ann. § 62A-4a-212

• (1) A caregiver shall use a reasonable and prudent parent standard in determining whether to permit a child to participate in an activity.
  • A caregiver shall consider:
    • The child's age, maturity, and developmental level to maintain the overall health and safety of the child.
    • Potential risk factors and the appropriateness of the activity.
    • The best interest of the child based on the caregiver's knowledge of the child.
    • The importance of encouraging the child's emotional and developmental growth.
    • The importance of providing the child with the most family-like living experience possible.
    • The behavioral history of the child and the child's ability to safely participate in the proposed activity.
• (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall adopt rules establishing the procedures for verifying that private agencies providing out-of-home placement under contract with the division comply with and promote this part.

Youth are Entitled to Activities

Utah Code Ann. § 62A-4a-212

• The division shall verify that private agencies providing out-of-home placement under contract with the division promote and protect the ability of a child to participate in age-appropriate activities.

Caregivers are Not Held Liable

Utah Code Ann. § 62A-4a-212

• A caregiver is not liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver, when the caregiver has acted in accordance with a reasonable and prudent parent standard. This section does not remove or limit any existing liability protection afforded by statute.

Tuition Waivers

Age Range

U.C.A. 1953 § 53B-8d-103

• At least 17 and up to 26

Other Eligibility Requirements

U.C.A. 1953 § 53B-8d-103

• Applies, qualifies, and is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;
• Is a resident student of the state as determined under Section 53B-8-102;
• Applies to the division for a waiver of tuition under this chapter and provides evidence satisfactory to the division that:
  • The applicant was in the custody of the division for an aggregate period of not less than 24 months.
  • The curse or courses for which the applicant is seeking a tuition waiver are not more than nine semester
• Applies for the first time before the age of 22.
• Is certified by the financial aid officer at the higher education institution as needing the tuition waiver in order to meet recognized educational expenses.
• Maintains satisfactory academic progress, as defined by the institution of higher education, for each term or semester in which the individual is enrolled, which may be measured by the definition used for federal student assistance programs under Title IV of the Higher Education Act of 1965.
• Has not achieved a bachelor's degree and has received tuition reimbursement under this chapter for less than 124 semester credits or 180 quarter credits at an institution of higher education.
• The ward must first:
  • Apply fr financial assistance, including scholarships and Pell Grants; and
  • Only t the extent that the tuition is not covered or paid by any scholarship, trust fund, statutory benefit, Pell Grant, or any other source of tuition coverage available for a waiver under this chapter.
• An institution of higher education shall waive tuition under this chapter only for courses that are applicable toward the degree or certificate requirements of the program in which the student is enrolled.

Permitted Uses for Funding

U.C.A. 1953 § 53B-8d-103

• Tuition

Vermont Data Profile

Vermont: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

Notice Procedure and Investigating Ability to Care for Child

Vt. Stat. Ann. tit. 33 § 5307(h)

• The department shall provide information to relatives and others with a significant relationship with the child about options to take custody or participate in the care and placement of the child, about the advantages and disadvantages of the options, and about the range of available services and supports.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Vt. Stat. tit. 33, § 4904

• 22

Eligibility

Vt. Stat. tit. 33, § 4904

• Reached their 18th birthday while in the custody of the commissioner; or spent at least five years, while between 10 and 18 years old, in the commissioner’s custody—who elects to continue receiving such services, and; any individual under the age of 22 who leaves State custody between the ages of 16 and 18. 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.

Supports

Vt. Stat. tit. 33, § 4904

• The commissioner shall establish by rule a program to provide a range of age-appropriate services for youth to ensure a successful transition to adulthood, including foster care and other services provided under this chapter to children as appropriate, housing assistance, transportation, case management services, assistance with obtaining and retaining health care coverage or employment, and other services. At least 12 months prior to a child attaining his or her 18th birthday, the department shall assist the child in developing a transition plan. When developing the transition plan, the child shall be informed about the range of age-appropriate services and assistance available in applying for or obtaining these services.

Reentry into Care Allowed

Vt. Stat. tit. 33, § 4904

• Yes

Increasing Placement Stability

Kinship Placement Priority

Vt. Stat. Ann. tit. 15A § 2-201, Vt. Stat. Ann. tit. 33 § 5308

• A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but an evaluation of the relative is required during the pendency of a proceeding for adoption.
• Upon a finding by a preponderance of the evidence that a return home would be contrary to the child's welfare, the court may issue such temporary orders related to the legal custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child, including an order transferring temporary legal custody of the child to a relative, provided the relative seeking legal custody is a grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, stepparent, sibling, or step-sibling of the child, the relative able to provide a safe, secure, and stable environment, exercise proper and effective care and control of the child, protect the child from the custodial parent to the degree the court deems such protection necessary, support reunification efforts, if any, with the custodial parent, and consider providing legal permanence if reunification fails.

Caretaker Involved Practices

Vt. Stat. Ann. tit. 33 § 5307(h)

• The department shall provide information to relatives and others with a significant relationship with the child about options to take custody or participate in the care and placement of the child, about the advantages and disadvantages of the options, and about the range of available services and supports.

Subsidized Guardianship

Vt. Stat. Ann. tit. 33 § 1103

• The program in this state is known as Reach Up. Economic Assistance shall be given for the benefit of a dependent child to the relative or caretaker with whom the child is living unless otherwise provided. The amount of aid to which an eligible person is entitled shall be determined with due regard to the income, resources and maintenance available to that person and, as far as funds are available, shall provide that person a reasonable subsistence compatible with decency and health. The commissioner may fix by regulation maximum amounts of aid, and act to ensure that the expenditures for the programs shall not exceed appropriations for them. In no case may the department expend state funds in excess of the appropriations for the programs under this chapter.

Virginia Data Profile

Virginia: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

NCSL: Older Youth State Profile

Crossover Youth

Reentry Planning for Youth Returning to the Child Welfare System

Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.3

• Youth who were released from the Department of Juvenile Justice between ages 18 and 21 and were in foster care in custody of a Virginia child welfare agency immediately prior to the commitment to the justice system are eligible for extended care.

Driver’s Licensing/Insurance

Driver's License: Obtaining Permission

VA Code Ann. § 63.2-908

• C. Unless modified by the court order, the foster parent in the permanent foster care placement shall have the authority to apply for a motor vehicle and driver's license, and any other such activities that require parental consent and shall have the responsibility for informing the placing department or agency of any such actions.

Driver's License: A Required Document

VA Code Ann. § 63.2-905.3

• When a child is leaving foster care upon reaching 18 years of age, the local department shall ensure that the child has, if eligible to receive, documents including a driver’s license or identification card issued by the Commonwealth.

Diligent Search Criteria

General Search

VA Code Ann. § 63.2-900

• In cases in which a child cannot be returned to his prior family or placed for adoption and kinship care is not currently in the best interests of the child, the local board shall consider the placement and services that afford the best alternative for protecting the child's welfare. Placements may include but are not limited to family foster care, treatment foster care and residential care. Services may include but are not limited to assessment and stabilization, diligent family search, intensive in-home, intensive wraparound, respite, mentoring, family mentoring, adoption support, supported adoption, crisis stabilization or other community-based services.

Placement Review Process

Va. Code Ann. § 16.1-277.01

• After an investigation as directed by the court, is found by the court to be willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; (iii) is committed to providing a permanent, suitable home for the child; and (iv) is willing and has the ability to protect the child from abuse and neglect; and the order shall so state. The court's order transferring custody to a relative or other interested individual should further provide for, as appropriate, any terms and conditions which would promote the child's interest and welfare; ongoing provision of social services to the child and the child's custodian; and court review of the child's placement.

Timetable for Search

VA Code Ann. § 63.2-900

• Within 30 days of accepting for foster care placement a person under 18 years of age

Notice Procedure and Investigating Ability to Care for Child

VA Code Ann. § 63.2-900, VA Code Ann. § 63.2-900.1

• Within 30 days of accepting for foster care placement a person under 18 years of age whose father is unknown, the local board shall request a search of the Virginia Birth Father Registry established pursuant to Article 7 (§ 63.2-1249 et seq.) of Chapter 12 to determine whether any man has registered as the putative father of the child. If the search results indicate that a man has registered as the putative father of the child, the local board shall contact the man to begin the process to determine paternity.
• The local board shall, in accordance with regulations adopted by the board, determine whether the child has any relative who may be eligible to become a kinship foster parent. Searches for relatives eligible to serve as kinship foster parents shall be conducted at the time the child enters foster care, at least annually thereafter, and prior to any subsequent changes to the child's placement setting. The local board shall take all reasonable steps to provide notice to such relatives of their potential eligibility to become kinship foster parents and explain any opportunities such relatives may have to participate in the placement and care of the child, including opportunities available through kinship foster care or kinship guardianship.

Method of Searching

VA Code Ann. § 63.2-900,

• Within 30 days of accepting for foster care placement a person under 18 years of age whose father is unknown, the local board shall request a search of the Virginia Birth Father Registry established pursuant to Article 7 (§ 63.2-1249 et seq.) of Chapter 12 to determine whether any man has registered as the putative father of the child. If the search results indicate that a man has registered as the putative father of the child, the local board shall contact the man to begin the process to determine paternity.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Ann. Code § 63.2-905.1  2

• Until age 21

Eligibility

Ann. 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.

Placement Agreement

22VAC40-201-100            

• The person has entered into a written agreement

Supports

Ann. Code § 63.2-100; Admin. Code Tit. 22, § 40-201-100

• Such services shall include counseling, education, housing, employment, and money management skills development, access to essential documents, and other appropriate services to help children or persons prepare for self-sufficiency.

Reentry into Care Allowed

Ann. Code § 63.2-905.1

• Yes

Health Oversight of Children in Foster Care

Services for Children and Families Involved with the Child Welfare System

Va. Code § 63.2-905.4

• Directs Local Departments of Social Services to ensure that any individual participating in the Fostering Futures program is enrolled, unless the individual objects, in the Commonwealth's program of medical assistance, provided such individual is eligible to receive health care services under the Commonwealth's program of medical assistance and was in foster care.

Increasing Placement Stability

Kinship Placement Priority

Va. Code Ann. § 63.2-900, Va. Code Ann. § 63.2-900.1

• The local board shall first seek out kinship care options to keep children out of foster care and as a placement option for those children in foster care, if it is in the child's best interests
• Kinship foster care placements pursuant to this section shall be subject to all requirements of, and shall be eligible for all services related to, foster care placement contained in this chapter. Subject to approval by the Commissioner, a local board may grant a waiver of the Board's standards for foster home approval, set forth in regulations, that are not related to safety.

Subsidized Guardianship

Va. Code Ann. § 63.2-1301, Va. Code Ann. § 63.2-1302

• Subsidy payments shall be made to the adoptive parents and other persons on behalf of the child in the custody of the local board or in the custody of the licensed child-placing agency and placed for adoption, if it is determined that the child is a child with special needs, and the adoptive parents are capable of providing the permanent family relationship needed by the child in all respects except financial payments. Such subsidy payments shall be made, however, only after reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without the provision of adoption assistance, exception in cases where the child has developed significant emotional ties with the prospective adoptive parents while in the care of such parents as a foster child.
• A subsidy payment shall include: a maintenance subsidy that shall be payable monthly to provide for the support and care of the child; however the maintenance subsidy shall not exceed the minimum regular foster care payment that would otherwise be made to the child; and a special need subsidy to provide special services to the child that the adoptive parents cannot afford and that are not covered by insurance or otherwise, including, but not limited to: medical, surgical, and dental care; hospitalization; legal services in effecting adoption; individual remedial educational services; psychological and psychiatric treatment; speech and physical therapy; special services, equipment, treatment and training for physical and mental handicaps; and cost of adoptive home study and placement by a child-placing agency over the local board.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Va. Code § 63.2-904

• Consistent with the reasonable and prudent parent standard defined in 42 U.S.C. § 675(10)(A), caregivers for children in foster care shall support normalcy for such children. The Board shall adopt regulations to assist local boards and licensed child-placing agencies in carrying out practices that support careful and sensible parental decisions that maintain the health, safety, and best interest of the child while at the same time encouraging his emotional and developmental growth.

Tuition Waivers

Other Eligibility Requirements

VA Code Ann. § 23.1-601

• Each comprehensive community college shall provide a grant for any Virginia student who:
  • Has received a high school diploma or has passed a high school equivalency examination approved by the Board of Education.
  • Was in foster care or in the custody of the Department of Social Services or is considered a special needs adoption at the time such diploma or certificate was awarded; or
    • Was in foster care when he turned 18 and subsequently received a high school diploma or passed a high school equivalency examination approved by the Board of Education
  • Is enrolled or has been accepted for enrollment as a full-time or part-time student, taking a minimum of six credit hours per semester, in a degree or certificate program of at least one academic year in length or in a noncredit workforce credential program in a comprehensive community college.
  • Hasn't been enrolled in postsecondary education as a full-time student for more than five years or does not have a bachelor's degree.
  • Maintains the required grade pint average established by the state board.
  • Has submitted complete applications for federal student financial aid programs for which he may be eligible.
  • Demonstrates financial need.
  • Meets any additional financial need requirements established by the State Board for the purposes of such grant. Student eligibility

Permitted Uses for Funding

VA Code Ann. § 23.1-601

• Tuition and fees

Washington Data Profile

Washington: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Reentry Planning for Youth Returning to the Child Welfare System

Wash. Admin. Code 388-25-0508(3)

• For purposes of determining eligibility for extended care, youth is considered to be “in foster care” at the time of his or her eighteenth birthday if the youth is committed to juvenile justice and rehabilitation administration custody and resides in a foster home, group home, or community facility.

Driver’s Licensing/Insurance

Driver's License: Reduces Financial Barriers

RCW 74.13.338

• Subject to the availability of funds appropriated for this specific purpose, the department shall contract with a private nonprofit organization that agrees to provide driver's license support for foster youth, 15-21, including youth receiving extended foster care services. This support must include reimbursement of fees necessary for a foster youth to obtain a driver's instruction permit, or license, fees, driver’s education fees.

Auto Insurance: Reduces Financial Barriers

RCW 74.13.338

• This support must include: reimbursement of the increase in motor vehicle liability insurance costs incurred by foster parents, relative placements, or other foster placements adding a foster youth to his or her motor vehicle liability insurance policy.

Diligent Search Criteria

General Search

Wash. Rev. Code Ann. § 74.13.600

• The department shall plan, design, and implement strategies to prioritize the placement of children with willing and able kin when out-of-home placement is required. These strategies must include at least the following: (a) Development of standardized, statewide procedures when searching for kin of children prior to out-of-home placement.

Placement Review Process

Wash. Rev. Code Ann. § 74.13.600

• A requirement that when the decision is made to not place the child with any kin, the department or supervising agency provides documentation as part of the child's individual service and safety plan that clearly identifies the rationale for the decision and corrective action or actions the kin must take to be considered as a viable placement option.

Timetable for Search

Wash. Rev. Code Ann. § 74.13.600

• Reasonable efforts to interview known kin, friends, teachers, and other identified community members who may have knowledge of the child's kin, within sixty days of the child entering out-of-home care

Exceptions for Placement

Wash. Rev. Code Ann. § 13.34.130

• Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in Wash. Rev. Code Ann. § 74.15.020(2)(a) with whom the child has a relationship and is comfortable; and willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Wash. Rev. Code § 74.13.020

• Until age 21

Eligibility

Wash. Rev. Code § 74.13.031; § 74.13.336; Wash. Admin. Code 388-25-0546

• The department shall provide foster care services to nonminor dependents who are dependent and in foster care at the time of their 18th birthday and are: enrolled in a secondary education program or a secondary education equivalency program; enrolled and participating in a postsecondary academic or postsecondary vocational education program; participating in a program or activity designed to promote employment or remove barriers to employment;  engaged in employment for eighty hours or more per month; or not able to engage in activities above due to a documented medical condition.
• Youth must also consent to continued court jurisdiction and to entry of a dependency order.
• Agree to participate in the program as expressed in the written extended foster care agreement; (maintain the standard of eligibility as set by the youth’s academic program, employment related program, employment status, or documented medical condition; participate in the case plan, including monthly health and safety visits; authorize the agency to have access to certain records; and remain in the approved foster care placement and follow placement rules as follows:
• Stay in the placement identified or approved by the court;
• Obtain approval from his or her social worker and notify his or her caregiver for extended absences from the placement of more than three days; and
• Comply with court orders and any specific rules developed in collaboration by the youth, caregiver and social worker.

Placement Agreement

Wash. Admin. Code 388-25-0546

• Agree to participate in the program as expressed in the written extended foster care agreement

Supports

Rev. Stat. §§ 74.13.031; 74.13.540; 74.15.020

• Independent living services include assistance in achieving basic educational requirements such as a high school equivalency certificate as provided in RCW 28B.50.536, enrollment in vocational and technical training programs offered at the community and vocational colleges, and obtaining and maintaining employment; and accomplishing basic life skills such as money management, nutrition, preparing meals, and cleaning house. A baseline skill level in ability to function productively and independently shall be determined at entry

Reentry into Care Allowed

Wash. Rev. Code § 74.13.031

• Yes

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems

Wash. Code Ann. § 74.09.860, 74.09.490

• Directs the Health Care Authority to seek proposals to establish an integrated managed health and behavioral health plan for foster children enrolled in Medicaid.

Services for Children and Families Involved with the Child Welfare System

Wash. Code Ann. § 43.20C.005, § 43.20C.010, § 43.20C.020, § 43.20C.030, § 43.20C.040

• Concerns the use of evidence-based practices for the delivery of services to children and juveniles, provides for a baseline assessment of utilization of evidence-based and research-based practices in the areas including child welfare and children's mental health services and recommendations for the reallocation of resources for evidence-based and research-based practices.

Increasing Placement Stability

Kinship Placement Priority

Wash. Rev. Code Ann. § 74.13.062, § 74.13.600

• When licensing a relative to serve as guardian and receive subsidies, the department may use more lenient licensing standards on a case-by-case basis and when it is in the best interests of the child. These include waiving nonsafety licensing standards and applying the list of disqualifying crimes in the Adoption and Safe Families Act. The child's safety and the state's ability to continue receiving child welfare funds are factors. Subsidies must promote long-term permanency and are subject to periodic reviews.
• The department shall plan, design, and implement strategies to prioritize the placement of children with willing and able kin when out-of-home placement is required. These strategies must include at least the following: (a) Development of standardized, statewide procedures when searching for kin of children prior to out-of-home placement.

Subsidized Guardianship

Wash. Rev. Code Ann. § 13.34.234

• A dependency guardian who is a licensed foster parent at the time the guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order may be eligible for a guardianship subsidy on behalf of the child.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

2014 SB 6479

• Provides caregivers with the authority to give permission without prior approval of the Department of Social and Health Services or a court to allow a child in their care to participate in normal childhood activities based on a certain standard. Specifies that the standard caregivers must use in determining whether to allow children in the care to participate in those activities in a reasonable and prudent parent standard through the use of careful and thoughtful parental decision-making.

Tuition Waivers

Other Eligibility Requirements

RCWA 28B.117.030

• Depending on appropriation, a student is eligible for assistance under this section if he or she:
  • Spent at least a year in foster care subsequent to his or her 16th birthday
  • Participating college or university must:
  • Have a viable plan fr identifying students eligible for assistance under this section, for tracking and enhancing their academic progress, for addressing their unique needs for assistance during school vacations and academic interims, and for linking them to appropriate sources of assistance in their transition to adulthood;
  • Receive financial and other incentives for achieving measurable progress in the recruitment, retention, and graduation of eligible students.
  • A passport to college scholarship under this section: Shall not exceed resident under-graduate tuition and fees at the highest-priced public institution of higher education in the state; and
  • Shall not exceed the student's financial need, less a reasonable self-help amount defined by the office, when combined with all other public and private grant, scholarship, and waiver assistance the student receives.

Permitted Uses for Funding

RCWA 28B.117.030

• Tuition and fees

West Virginia Data Profile

West Virginia: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Crossover Youth

Reentry Planning for Youth Returning to the Child Welfare System

W. Va. Code § 49-1-202(A)

• “Transitioning adult” eligible to remain or return to care also includes an individual with a transfer plan to move to an adult setting who is between 18 and 21 years old, and committed an act of delinquency before reaching eighteen years of age, was in the custody of the department upon reaching age 18, remains under the jurisdiction of the juvenile court, and requires supervision and care to complete an education and or treatment program which was initiated prior to the eighteenth birthday.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

W. Va. Code § 49-4-110

• Until age 21

Eligibility

W. Va. Code § 49-4-110

• An individual with a transfer plan to move to an adult setting who is between 18 and 21 years old and was adjudicated abused, neglected, or in the custody of the department upon reaching age 18 and enters into a contract with the Department of Health and Human Resources to continue in an educational, training, or treatment program which was initiated prior to the eighteenth birthday

Placement Agreement

W. Va. Code of Rules § 78-25-2

• The 'transition plan' is a plan developed with a youth in foster care age 16 and older that establishes goals and a plan to help move a youth from foster care to independence

Increasing Placement Stability

Kinship Placement Priority

W. Va. Code Ann. § 49-4-114(3)

• or purposes of any placement of a child for adoption by the department, the department shall first consider the suitability and willingness of any known grandparent or grandparents to adopt the child. Once grandparents who are interested in adopting the child have been identified, the department shall conduct a home study evaluation, including home visits and individual interviews by a licensed social worker. If the department determines, based on the home study evaluation, that the grandparents would be suitable adoptive parents, it shall assure that the grandparents are offered the placement of the child prior to the consideration of any other prospective adoptive parents.

Subsidized Guardianship

W. Va. Code Ann. § 49-4-112

• From funds appropriated to the department of health and human resources, the secretary shall establish a system of assistance for facilitating the adoption or legal guardianship of children. An adoption subsidy shall be available for children who are legally free for adoption and who are dependents of the department or a child welfare agency licensed to place children for adoption. A legal guardianship subsidy shall not require the surrender or termination of parental rights. For either subsidy, the children must be in special circumstances either because they: (a) have established emotional ties with prospective adoptive parents or prospective legal guardians while in their care; or (b) are not likely to be adopted or become a ward of a legal guardian because they have a physical or mental disability; are emotionally disturbed; are older children; are a part of a sibling group; are a member of a racial or ethnic minority; or have any combination of these conditions.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

W. Va. Code § 49-4-408 and 49-4-604

• When the child's permanency plan is APPLA, the department shall document the efforts to place the child permanently with a parent, relative, or in a guardianship or adoptive placement and the steps taken to ensure that the foster family follows the “reasonable and prudent parent standard” to allow the child regular opportunities to engage in age- or developmentally-appropriate normal childhood activities.

Tuition Waivers

Other Eligibility Requirements

W. Va. Code § 18B-10-7b

• Any student, beginning with incoming freshmen in the fall, semester or term, who graduate from high school or pass the GED examination while in the legal custody of the state Department of Health and Human Resources.
• Apply to and be accepted at the institution; and
• Apply for other student financial assistance, other than student loans, in compliance with federal financial aid rules, including the federal Pell grant.
• The student must be in foster care or other residential care for at least one year prior to the waiver award.
• If the foster care or other residential care is provided in another state, the student must first be returned to this state for waiver award eligibility.

Permitted Uses for Funding

W. Va. Code § 18B-10-7b

• Tuition and fees

Wisconsin Data Profile

Wisconsin: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Diligent Search Criteria

General Search

Wisc. Stat. Ann § 48.21(5)(e)

• The court shall order the county agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all relatives of the child named under sub. (3)(f) and to all adult relatives of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all other adult individuals named under sub. (3)(f) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period.

Timetable for Search

Wisc. Stat. Ann § 48.21(5)(e)

• The court shall order the county agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all relatives of the child named under sub. (3)(f) and to all adult relatives of the child within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period. The court may also order the county agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all other adult individuals named under sub. (3)(f) within 30 days after the child is removed from the custody of the child's parent unless the child is returned to his or her home within that period.

Notice Procedure and Investigating Ability to Care for Child

Wisc. Stat. Ann § 48.21(5)(e)

• The notice shall include all of the following: a. A statement that the child has been removed from the custody of the child's parent. b. A statement that explains the options that the person provided with the notice has under state or federal law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice. c. A description of the requirements to obtain a foster home license under s. 48.62 or to receive kinship care or long-term kinship care payments under 48.57(3m) or (3n) and of the additional services and supports that are available for children placed in a foster home or in the home of a person receiving those payments. d. A statement advising the person provided with the notice that he or she may incur additional expenses if the child is placed in his or her home and that reimbursement for some of those expenses may be available. e. The name and contact information of the agency that removed the child from the custody of the child's parent.

Method of Searching

Wisc. Stat. Ann § 48.21(3)(f)

• If present at the hearing for child custody, the parent shall be requested to provide the names and other identifying information of 3 relatives of the child or other individuals 18 years of age or over whose homes the parent requests the court to consider as placements for the child. If the parent does not provide that information at the hearing, the county agency shall permit the parent to provide the information at a later date.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range

Wis. Stat. § 48.366

• Until age 21

Eligibility

Wis. Stat. § 48.366; Wis. Stat. § 48.57

• 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:
• 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.
• 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.
• The person is placed in a shelter care facility on the date on which an order specified in par. (a) or (b) terminates.
• 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.
• (3)(a) From the reimbursement received under s. 46.495(1)(d), counties may provide funding for the maintenance of any child who:
• Is 18 years of age or older;
• Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma;
• 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
• 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:
• “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:
• 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.
• 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)."

Placement Agreement

• Wis. Stat. § 48.366; Wis. Admin. Code DCF § 21.05 Extended foster care may be implemented through a voluntary transition-to-independence agreement: On termination of an order described in sub. (1)(a) or (b), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living. Wis. Stat. § 48.366(3).
• The voluntary transition-to-independent- living agreement shall be on a form prescribed by the department and include all of the following conditions: (1) The youth is 18 years of age or over but under 21 years of age. (2) The youth is a full-time student at a secondary school or its technical or vocational equivalent. (3) There is an individualized education program under s. 115.787, Stats., in effect for the youth. (4) The youth will participate in activities assigned by the agency to prepare the youth for independent living. (5) The youth will comply with school attendance requirements in the youth's individualized education program under s. 115.787, Stats., school district policies, and truancy laws and ordinances. (6) The youth will not be missing from his or her out-of-home care placement for more than 2 weeks without contact with the agency. (7) If there is any change in the youth's circumstances that affects a provision of the voluntary transition-to-independent-living agreement, the youth will notify the agency within 10 calendar days after the effective date of the change.

Supports

• The child shall direct the creation of a transition plan, it shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services. The child welfare agency shall ensure that the child is in possession of:
  • A certified copy of the child's birth certificate
  • A Social Security card issued by the Federal Social Security Administration
  • Information on maintaining health-care coverage
  • A copy of the child's health-care records
  • Either a driver's license or a State-issued identification card
• If the child is not in possession of any of those documents or that information, the agency shall assist the child in obtaining any missing document or information.

Reentry into Care Allowed

Wis. Admin. Code DCF § 21.03

• Yes

Increasing Placement Stability

Kinship Placement Priority

Wis. Stat. Ann. § 48.834

• Before placing a child for adoption, the county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan or who is otherwise known by the department, county department, or child welfare agency.

Subsidized Guardianship

Wis. Stat. Ann. § 48.57 (3m) (a) 1. (intro); Wis.

• Allows for the extension of monthly kinship care payments if the person is under 21 years of age, a full time student at a secondary school or equivalent, and they are placed in the home of the long-term kinship care relative. Requires, as an additional condition for eligibility for kinship care payments, that the child be placed in the home of the kinship care relative until the child turns 21 or is granted a high school or high school equivalency diploma, whichever occurs first.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Wis. Stat. § 48.02, Wis. Stat. § 48.383

• “Reasonable and prudent parent standard” means a standard for an out-of-home care provider to use in making decisions concerning a child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.

Wyoming Data Profile

Wyoming: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• No

Age Range

Wyo. Stat. § 14-3-431

• Until age 21

Eligibility

Wyo. Stat. § 14-3-431

• 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.

Reentry into Care Allowed

• No

Increasing Placement Stability

Subsidized Guardianship

Wyo. Stat. Ann. § 1-22-115

• The department of family services may grant subsidy payments to the adoptive parent of a child or to another person on behalf of the child, if, at the time the child is placed for adoption: child is in the legal custody of the department or a private child placement agency certified by the state and is legally available for adoption; department or a certified private child placement agency is financially responsible for the child; reasonable efforts to place the child for adoption prior to consideration of a subsidy payment have been unsuccessful; child has special needs as determined by the division; and department or a certified private child placement agency has determined the adoptive parent can provide for the nonfinancial needs of the child.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards

Wyo. Stat. § 14-13-101

• “Reasonable and prudent parent standard” means careful and sensible parental decisions that maintain the health, safety, well-being and best interests of a child while encouraging the emotional and developmental growth of the child.

Alternative Forms of Processing and Detention
D.C. Code § 24–903

• In using its discretion in sentencing a youth offender the court shall consider the youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system.

Diligent Search Criteria

Fictive Kin
D.C. Code § 16-831.01

• “De facto parent” means an individual: (A) Who lived with the child in the same household at the time of the child's birth or adoption by the child's parent; has taken on full and permanent responsibilities as the child's parent; and has held himself or herself out as the child's parent with the agreement of the child's parent or, if there are 2 parents, both parents; or (B) Who has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody; has formed a strong emotional bond with the child with the encouragement and intent of the child's parent that a parent-child relationship form between the child and the third party; has taken on full and permanent responsibilities as the child's parent; and has held himself or herself out as the child's parent with the agreement of the child's parent, or if there are 2 parents, both parents.

Exceptions for Placement
D.C. Code § 4-1305.06

• A person seeking to become a kinship caregiver may not be approved or licensed if the person, or another person living in the home, has a felony conviction involving harm to a child, or violence, rape, sexual assault or homicide. The person is also ineligible if he/she, or a person living in the home, has a felony conviction in the past 3 years for physical assault, battery, or a drug offense.

Extending Foster Care

IV-E Agency with Federal Approval through Fostering Connections Act

• Yes

Age Range
Code of Regs. § 29-6399

• Until age 21

Eligibility
Code of Regs. § 29-6399

• To be admitted to an Independent Living program, an adolescent or young adult:
• Shall be at least age 16
• Shall be at least one of the following:
• Employed at least part time
• Within 18 months of attaining a high school diploma
• Attending a general equivalency diploma (GED) program
• Actively engaged in a vocational program
• Attending college
• Have demonstrated sufficient maturity to enable the adolescent or young adult to live independently

Placement Agreement
Ann. Code § 4-1301.02

• Youth 16 or older must be provided with a case plan that includes a description of the programs and services that will help the child prepare for the transition from being a committed child to independent living.

Supports

• At least 30 days before leaving care, a youth in foster care has the right to receive copies of the youth's:
• Birth certificate
• Original Social Security card
• State and District identification cards
• Immunization records
• Medical insurance information
• Education portfolios and health records
• Immigration documents
• Other personal information deemed appropriate

Health Oversight of Children in Foster Care

Coordination Between Health and Child Welfare Systems
D.C. Code § 4–1303.03e

• All children in the custody of the Agency shall, to the extent that it is not inconsistent with a court order, receive a behavioral health screening and, if necessary, a behavioral health assessment within 30 days of initial contact with the Agency or a placement disruption. Through rulemaking, the Mayor may reduce the number of days within which a behavioral health screening and behavioral health assessment are required. As part of the behavioral health screening, the Agency shall identify children who are victims of, or who may be at risk for becoming victims of, sex trafficking of children; connect all children who are assessed as being in need of behavioral health care to an appropriate behavioral health service; and provide the behavioral health resource guide for parents and legal guardians and the behavioral health resource guide for youth to families of children in Agency custody.

Increasing Placement Stability

Kinship Placement Priority
D.C. Code § 4-1301.09a

• Reasonable efforts to place a child for adoption, with an approved kinship caregiver, with a legal custodian or guardian, or in another permanent placement may be made concurrently with reasonable efforts to reunify a youth with their family

Subsidized Guardianship
D.C. Code § 16-2399, D.C. Code § 4-343

• To the extent that appropriated funds are available, the Mayor may make subsidy payments to a permanent guardian, irrespective of the permanent guardian's state of residence, as needed on behalf of a child with special needs where the permanent guardian has the capability of providing the permanent family relationships needed by such child in all areas except financial, as determined by the Mayor. For the purposes of this section a “child with special needs” includes any child who is difficult to place in adoption because of age, race, ethnic background, physical or mental condition, or membership in a sibling group which should be placed together, or a child who, in all likelihood, would go without another permanent placement arrangement. For a permanent guardian to be eligible for the subsidy: the child must be adjudicated neglected; the child must be committed to the legal custody of the Child and Family Services Agency; and a subsidy payment agreement must be entered into by the Agency and the permanent guardian.
• The purpose of the Adoption Incentive Program is to provide foster parents with one-time financial assistance to assist with attorneys' fees and home study fees, subject to the availability of funds.

Normalcy/Prudent Parenting Standards

Reasonable and Prudent Parent Standards
DC Code § 4–1301.02

• “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that should be used when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.

Caregivers are Not Held Liable
DC Code § 4–1303.03f

• The Agency, foster parents, and group homes shall not be held liable for any civil damages resulting from the application or the failure to apply the reasonable and prudent parent standard, except in cases constituting gross negligence.

District of Columbia Data Profile

District of Columbia: Older Youth in Foster Care Data (Source: Annie E. Casey Foundation)

Age Range
Ann. Code §§ 45.0354; 45.0364

• Until age 21

Supports
Ann. Code §§ 45.0354; 45.0364

• Court may order treatment by a physician, surgeon, psychiatrists, or psychologist or that he or she receive other special care and placement in a suitable facility for those purposes in a family care home, the Department of Health, or other child care facility.

Coordination Between Health and Child Welfare Systems
Ann. Laws Tit. 8, § 444c

• Departments will coordinate their efforts when services are needed in connection with the identification, prevention, or treatment of minors who are victims of abuse, institutional abuse, neglect, and/or institutional neglect; Agency coordination shall include:
• Joint planning
• Public education and information services
• The use of each other's facilities
• Joint training and activities for personnel development
• (5) Evaluation and handling of cases