Q: If a non-minor dependent (NMD) is arrested as an adult and put on adult probation status, will the adult probation status affect his/her eligibility for extended foster care?
A:The adult probation status does not change the NMD’s eligibility for extended foster care; although, there may be circumstances when the adult probation status may be taken into account when determining the most appropriate placement for the NMD. While a NMD who becomes subject to adult probation has a right to a placement and also has the same range of placement options available, including THP-Plus Foster Care or a Supervised Independent Living Placement, the placing county must find a placement that ensures the safety and well-being of all other minor dependents and NMDs who are residing in the same setting.
Each county has the obligation of revising their county protocols (known as the WIC 241.1 protocols) to determine who will supervise and oversee a NMD’s case if and when a NMD becomes subject to adult probation.
Citation: ACL 11-85 p. 8.