Extended foster care: mutual agreement (SOC 162) requirements

Q: Does every NMD have to complete the mutual agreement (SOC 162) upon turning 18 years old in order to be eligible for extended foster care?

A: No, Assembly Bill (AB) 1712 clarified that there are two categories of NMDs that do not need to complete the mutual agreement at age 18: 

(1) A NMD who remains under delinquency jurisdiction after the age of 18 in order to complete his/her rehabilitative goals (remember, these youth must have an order for foster care placement on his/her 18^th birthday to be eligible for extended foster care.  If there is that order, the NMD who continues under delinquency jurisdiction does not have to sign a mutual agreement);

(2) A NMD who is incapable of making an informed agreement.  This determination is made by the court. 

Notification for court review hearings

Q: Does anyone besides the NMD get notification of the NMD’s court review hearings?

A: Yes, the NMD’s caregiver/foster parent and the NMD’s Court Appointed Special Advocate (CASA) are entitled to notification of all court hearings.  NOTE:  If the NMD is living in a Supervised Independent Living Placement (SILP), then there is no caregiver/foster parent and so notification of court hearings would only be required for the NMD and the CASA, if any.

In addition, there may be some instances when a parent(s) may get notification of a court hearing.  Pursuant to AB 1712, the court can order that family reunification services continue after a NMD turns 18.  If the court orders that family reunification services continue, then the parent(s) would continue to be entitled to notification of court hearings.  However, if the NMD is not receiving family reunification, then the parent(s) are no longer entitled to notifications of hearings once the NMD turns 18.

For NMDs who also meet the definition of an “Indian Child,” their tribes must continue to receive notification of hearings unless the NMD has elected not to have the provisions of ICWA continue to apply to their case after turning 18.

Finally, it is important to remember that the NMD can invite anyone they want (including parents) to attend the court hearings.  (Reference: ACL 11-69, Welf. & Inst Code §297, §224.1(b) §101, §102, §107)

Extended foster care eligibility for an 18-year old in juvenile hall

Q:If a youth turns 18 while in juvenile hall, will he/she be eligible for extended foster care?

A: In order to be eligible to participate in extended foster care a youth must have an order for foster care placement on his/her 18^th birthday.  This requirement applies to all youth including wards in juvenile court (i.e. 602 youth).  Therefore, if a youth is in juvenile hall but that youth has an order for foster care placement on his/her 18^th birthday (which occurs when the youth is waiting for a placement to become available), then s/he is eligible to participate in extended foster care.   If there is no order for foster care placement and the youth is detained in juvenile hall on his/her 18^th birthday, then that youth will not be eligible for extended foster care.  (Reference:  ACL: 11-85)

AB 1712: changes to the California Fostering Connections to Success Act

Q:  I understand that legislation went into effect on January 1, 2013 that changes the California Fostering Connections to Success Act (AB 12). What is the legislation and what parts of AB 12 does it change?

A: Yes; the California State Legislature passed Assembly Bill (AB) 1712, which clarifies and amends certain provisions of AB 12 and AB 212, collectively known as “The California Fostering Connections to Success Act.”  AB 1712 is comprised of several amendments to specific statutes of the California Welfare and Institutions Code, the Health and Safety Code and the Family Code.  Changes include but are not limited to clarifying:

–   Eligibility for the Adoption Assistance Program (AAP) for non-minor dependents (NMDs) who are adopted;

–   Eligibility for State Kin-GAP;

–   Role of counsel when NMD is not competent to make decisions or the NMDs wishes conflict with the protection or safety of the NMD;

–   Circumstances when the mutual agreement is not required, and

–   That regulations developed to ensure continuity of Supervised Independent Living Placement (SILP) payments. 

 There are many other technical changes included in AB 1712, which went into effect on January 1, 2013.  For more information on important changes due to AB 1712 please join the Alliance for Children’s Rights for a webinar on Friday, January 11^th from 10:30-Noon. To register, follow this LINK.