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 18th 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 18th 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 18th birthday, then that youth will not be eligible for extended foster care.  (Reference:  ACL: 11-85)

4 thoughts on “Extended foster care eligibility for an 18-year old in juvenile hall

  1. Juline Aguilar says:

    What if the juvenile is in a guardianship that was established in juvenile court? According to AB1712 as of January 1st, wouldn’t the youth now be eligible for Extended Foster Care as a Non-minor Former Dependent?

    • kidsalliance says:

      If a youth is in juvenile hall and had a guardianship established in juvenile court (dependency or delinquency), the youth may be eligible for extended foster care benefits as a non-minor former dependent or extended Kin-GAP benefits, as long as certain conditions are met. In order to determine which program a youth is eligible for extended benefits under, we need to know if the guardianship was established with a non-relative (an individual outside the 5th degree of kinship) or a relative (related by blood, marriage or adoption within the 5th degree of kinship).

      For guardianships with NON-RELATIVES:
      If the guardianship was created in juvenile court with a non-relative and the juvenile court jurisdiction was terminated, the youth will be eligible for extended foster care benefits until the age of 21 if the following criteria are met:

      1) The youth is released from juvenile hall and agrees to return to the “care and support” of his/her former guardian (youth does not have to be living with the former guardian as long as former guardian remains financially responsible for the youth)
      3) The youth signs a mutual agreement or voluntary re-entry agreement
      4) The youth agrees to meet one of the five participation requirements of extended foster care

      NOTE: If a non-relative guardianship is created in juvenile court, then the youth is eligible for extended foster care benefits until the age of 21 REGARDLESS of how old the youth was when the guardianship was established. If the above criteria are met then the youth will be eligible for extended benefits until age 21 (WIC 11405(e)(1), WIC 11400(z)).

      For guardianships with RELATIVES:
      If the guardianship was created in juvenile court with a RELATIVE, the youth may be eligible for extended KinGAP payments until the age of 21 if the following criteria are met:

      1) The guardian started receiving the negotiated Kin-GAP payment when the youth was 16 years old or older OR the youth has a mental or physical disability that warrants the continuation of Kin-GAP (IF the youth has a mental or physical disability, it does not matter how old the youth was when the Kin-GAP payments commenced)
      2) The youth is released from juvenile hall and agrees to return to the “care and support” of his/her former guardian (youth does not have to be living with the former guardian as long as former guardian remains financially responsible for the youth)
      3) The youth signs a mutual agreement
      4) The youth agrees to meet one of the five participation requirements of extended foster care

      If the above are established then the youth can continue to receive KinGAP benefits up till the age of 21 (WIC 11363).

      Note, AB 1712 expanded the definition of “relative” for the purpose of receiving federal Kin-GAP benefits and, in order to ensure that these individuals would not be deprived of benefits available to them prior to the passage of AB 1712, created a new category of youth – “nonminor former dependents.”
      Under AB 1712, if these nonminor former dependents were receiving federal Kin-GAP benefits prior to the age of 16 and had a guardianship with:

      1) a non-related extended family member, or
      2) a former foster parent, or
      3) an adult who is a member of the child’s tribe or their Indian custodian

      they can transfer from the federal Kin-GAP program to the AFDC-FC program for non-relative legal guardians once the youth turns 18. If the youth is in juvenile hall, then as soon as the youth is released and returns to the “care and support” of the non-related legal (former) guardian, benefits can resume (assuming the nonminor former dependent meets all other eligibility criteria).

  2. Paula Ensele says:

    It should be noted that counties cannot claim federal financial participation (FFP) on behalf of a youth who turns 18 while in juvenile hall. That does not effect their eligibility to participate in the program, however,

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