Incarcerated non-minor dependents’ eligibility for extended foster care

Q: Are NMD’s eligible for extended foster care (EFC) while incarcerated ?

A: No, NMDs are not eligible for EFC while incarcerated because they are unable to reside in a licensed or approved placement, which is one requirement of extended foster care.  Once the NMD is released, he/she is eligible to re-enter foster care provided he/she meets all relevant eligibility criteria.  

Citation: ACL 11-69, p. 4.

3 thoughts on “Incarcerated non-minor dependents’ eligibility for extended foster care

  1. Ginger Pierce says:

    I have a comment about this, it is my understanding that when a NMD becomes incarcerated, awaiting trail, we cease payment for placement but they can remain in care pending the outcome of their charges and the timeframe of incarceration. I thought we did not have to exit a child from EFC case management supports as they are “innocent until proven guilty” and further some of our youth may become incarcerated for 48 or 72 hours but then be released on bail etc. From what I read above it seemed to infer that we exit them from EFC completely, via court, not just in placement. Please provide further clarification. Thank-you.

  2. Jed Minoff says:

    I come up with the same outcome but for a different reason. The reason they are not eligible to be receiving EFC benefits it twofold: 1) they are in a place that is not considered a foster care setting pursuant to WIC 11402; AND 2) they are not pursuing pursuing the 1 of the 5 criteria that makes them eligible. However, much could be said for a youth who gets kicked out of their placement and finds him/herself homeless. For me, in terms of recommending to the court they should terminate the foster care jurisdiction, it comes down to how long they are in this situation and what they are trying to do to change it. So if this (homelessness or incarceration, for example) is the situation for a month or so, we wouldn’t move to terminate. But if we looking at 3 months or more with no clear end in sight, we would. The youth could always reenter. Just to be clear, when I refer to being homeless, every effort should be make by the case worker to remedy this situation and if the youth is working to do so as well, he/she is pursuing eligiblity criteria #4. I’m really referring to situations where the youth completely divests him/herself from the process.

  3. kidsalliance says:

    Here is a clarification on the original answer: When a NMD gets incarcerated, his/her eligibility for continued extended foster care funding ceases (e.g. payment ceases to the previous placement because the NMD is no longer residing in that placement) but the juvenile court case may not necessarily terminate at that point. If the case does terminate, the young adult could re-enter once he/she is no longer incarcerated — provided the NMD meets all eligibility criteria for re-entry — and once again live in a licensed or approved placement and receive funding while in that placement.

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