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Extension of Foster Care Beyond Age 18

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Extension of Foster Care Beyond Age 18 STATE STATUTES Current Through February 2017 WHAT’S INSIDE Extension of Foster Care Availability of foster care Beyond Age 18 beyond age 18 Requirements for Young people leaving foster care are often at different remaining in placement levels of development in their transition to adulthood. With the growing recognition that most young people Placement agreements are not fully prepared for self-sufficiency by age 18, Transition supports States offer a variety of programs, including foster provided care, to this population. Federal Option to Extend Foster Care Summaries of State laws The Federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) To find statute amended the title IV-E program to give States the information for a option of allowing youth to remain in foster care after particular State, reaching age 18, provided that they have not yet go to reached age 19, 20, or 21, as the State may elect. The https://www.childwelfare. conditions for continued title IV-E payments apply to gov/topics/systemwide/ laws-policies/state/. youth over age 18 and require the youth to be completing secondary school (or the equivalent), enrolled in postsecondary or vocational school, participating in a program or activity that promotes or removes barriers to employment, employed 80 hours a month, or incapable of school and/or work requirements due to a documented medical condition.1 The act also amended the definition of a child care institution in 42 U.S.C. § 672(c)(2) to include a supervised setting in which an individual who has reached age 18 is living independently. 1 See 42 U.S.C. § 675(8)(B)(iv) (2015). Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Extension of Foster Care Beyond Age 18 https://www.childwelfare.gov As of December 1, 2016, 24 States have opted into In 31 States, youth who leave foster care when they providing some level of extended foster care under the reach age 18 may request, at any time prior to their 21st Fostering Connections Act through programs that have birthday (or as otherwise specified in State law), to return been approved by the Children’s Bureau (see figure 1 on to foster care (which may be in the form of a supervised page 5). The Children’s Bureau offers guidance on the Independent Living situation or a resumption of transitional provisions of this legislation in Program Instruction ACYF- living services).5 A return to foster care is permitted when CB-PI-08-05 (http://www.acf.hhs.gov/cb/resource/pi0805), a youth has attempted to live independently but now a issued October 23, 2008, and Program Instruction PI-10-10 youth needs continued assistance and support. In these (http://www.acf.hhs.gov/cb/resource/pi1010), issued June 7, States, youth can return to care and/or supervision in order 2010. to pursue educational or job training goals, to ensure his or her personal safety, or to further develop the skills needed States also extend foster care services and supports to achieve self-sufficiency. to youth in their foster care system after age 18. State- funded extended foster care programs are not required Requirements for Remaining in to meet the requirements of the Federal Extended Foster Placement Care program, but many follow the school and work requirements of the Federal program. Youth who elect to remain in or return to foster care are required to meet specific eligibility requirements that Availability of Foster Care Beyond Age are articulated in Federal law (as applicable), State law, 182 regulation, or policy. In most cases, youth also need to work actively with their caseworkers to develop and In approximately 46 States, the District of Columbia, and implement case plans that help them reach their education American Samoa, youth who are in out-of-home care at the and career goals and work toward self-sufficiency. time they reach their 18th birthday are allowed to extend that placement and continue receiving services from the In 17 States6, the eligibility requirements in State law social services agency.3 In most cases, youth may remain include at least one of the following: under agency supervision until age 21—in situations The youth is working to complete a high school diploma that can include foster care, a supervised independent or an equivalent credential. living arrangement, or the provision of transitional living services— while they continue working on educational or The youth is enrolled in a postsecondary or vocational vocational goals and further develop their independent program. living skills and transition to independence.4 The youth is participating in a program designed to remove barriers to employment. 2 The information below includes States that are approved to operate an extended foster care program through the Federal option and State-funded The youth is employed for at least 80 hours per month. programs. 3 The word “approximately” is used to stress the fact that the States frequently The youth is incapable of any of the activities listed amend their laws. This information is current through February 2017. The above due to a documented medical condition. following States allow an extension of foster care up to age 21, except as noted: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii (to age 19 or age 20 for a youth still in high 5 The following States permit a return to foster care: Alabama, Alaska, Arizona, school who is receiving special education services), Idaho, Illinois, Indiana California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana (to age (to age 20), Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts (to age 20), Iowa (to age 20 and only for the purpose of completing high school or an 22), Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, equivalent program), Kentucky, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Missouri, New Jersey, New York, North Carolina, North Dakota, Oklahoma, Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont (up to age 22), Virginia, Tennessee, Texas, Vermont (to age 22), Virginia, Washington, West Virginia, Washington, West Virginia, and Wisconsin. Wisconsin, and Wyoming. Louisiana, Ohio, Oregon, and Utah do not offer 6 Arkansas, California, Colorado, Florida, Indiana, Maine, Massachusetts, continued foster care and supervision but do provide support services to former Michigan, Minnesota, Nebraska, North Carolina, North Dakota, Pennsylvania, foster youth to age 21. Tennessee, Texas, Washington, and West Virginia. Among these States, all 4 The sources of funding for these programs, whether Federal or State, are not except Colorado, Florida, and North Carolina have qualified for participation in identified in the statutes and regulations reviewed. the Federal Extended Foster Care Program (see figure 1 on page 5). This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/extensionfc/. 2 Extension of Foster Care Beyond Age 18 https://www.childwelfare.gov State laws in Oregon, Vermont, and West Virginia require Elements that often are addressed in the plan include: youth who are receiving services to be engaged in Specific measurable goals 40 “productive hours” per week, which includes time devoted to any combination of classes, study, work, Items that are appropriate for the individual youth, internships, volunteer work, training, apprenticeships, or particularly with regards to the youth’s: treatment activities. ○ Education, including postsecondary education ○ Employment and vocational training Placement Agreements ○ Personal and emotional support Extension or return to foster care may be accomplished In the agreement, the youth has certain responsibilities through court order or through a written agreement to working toward meeting the goals and objectives of between the youth and the department, and in many his or her service plan and working on becoming semi- cases it is voluntary on the part of the youth. In 27 States, independent and self-sufficient. The department has a youth who requests extended foster care services the responsibility to provide the youth with assistance in must enter into a specific, written voluntary placement meeting those goals and objectives. agreement with the child welfare agency that will be providing the services.7 In 24 States and the District of Columbia, the youth must agree to work with the agency Transition Supports Provided 8 to develop a written service plan. States offer an array of services and resources designed to support youth in extended foster care as they work In many cases, the voluntary placement agreement or toward self-sufficiency. The services and resources service plan serves as a contract between the agency provided are intended to help the youth achieve his or her and the youth. The agreement specifies the services service plan goals and may include any of the following: and resources that will be provided to the youth and the responsibilities of the youth regarding the services. The Academic support, including tutoring, study skills service plan is designed to reflect the youth’s strengths, training, literacy training, and help accessing needs, and circumstances
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