Delinquency vs. dependency and eligibility for extended foster care

Question: Does the delinquency youth have the same re-entry rights/process as the dependency youth?

Answer: Youth in the delinquency system are eligible for extended foster care if they are under an order for foster care placement on their 18th birthday.  Further, the California Fostering Connections to Success Act provides mechanisms for certain wards to enter transition jurisdiction prior to their 18th birthday, which would provide those youth with eligibility for extended foster care benefits in the same manner as youth under dependency jurisdiction upon turning 18.  Youth who are either (1) under the court’s transition jurisdiction or (2) under the court’s delinquency jurisdiction AND under an order for foster care placement on their 18th birthday have all the rights as youth in the dependency system to participate in extended foster care, including the right to re-enter care. (Welf. & Inst. Code § 388(e)).

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