Group Home Restriction for a Non-Minor Ward (under 602 jurisdiction)

Q: Is a non-minor ward (under 602 jurisdiction) over 19 subject to the group home placement restriction?

A: Yes, a non-minor ward (under 602 jurisdiction) is subject to the group home placement restriction. This restriction prohibits the continuation in or admission to a group home after a non-minor dependent either completes high school or attains his or her 19^th birthday, whichever is earlier unless it is necessary to remain in the group home due to a documented medical condition.

The possible exception to this is if a judge orders ongoing group home placement for a non-minor ward (under 602 jurisdiction) to meet his or her rehabilitative goals. In this circumstance, the judge’s order would supersede the restriction.

Source: Welf. & Inst. Code § 16501.1 (c)(1); All County Letter 11‐77; All County Letter 11-69

Placement Options for Wards Participating in Extended Foster Care

Q: I am a probation officer for an 18 year-old ward who would like to participate in AB 12. The one thing preventing termination of 602 wardship and placing him into transition jurisdiction is that he still owes restitution. My question is regarding his placement options as a ward. Can we can place him in a Supervised Independent Living Placement (SILP) or THP+Foster Care?

A:  Yes, as a ward participating in extended foster care, he may be placed in a Supervised Independent Living Placement (SILP) or THP+Foster Care, as specified in WIC 11402.  This question has been raised due to a lack of clarity in the code section that addresses placement of wards. Assembly Member Mark Stone’s bill (AB 787) includes language that removes any ambiguity and makes it clear that these are eligible placements.

AB 12 Eligibility for Youth with 602 Status

Q: I have a youth who remains a 602, but was told that he could be eligible for AB 12 and get funding because he was 18 years-old. Is that correct? So in other words, these kids would be AB 12-eligible automatically upon turning 18 years-old. I’m not sure how that is possible. How can they be a 602 and 450 at the same time? Can you provide me with some clarification?

A: If a probation youth with an order for out-of-home placement turns 18 years-old and remains a 602 they are entitled to continue to receive benefits and also remain subject to the terms of their probation. Once rehabilitative goals have been met and 602 status is being dismissed (assuming the youth meets other AB12 eligibility criteria), the youth is eligible to continue to participate in extended foster care under 450 jurisdiction, and has all the rights and responsibilities of any other nonminor dependent once he/she is participating under 450 jurisdiction.

Source: Welf. & Inst. Code § 14000(v), Welf. & Inst. Code § 450 et seq. 76, Welf. & Inst. Code § 607.2 et seq.

Residing with biological parents an eligible SILP?

Q: My question is about a youth whose parents’ rights were terminated by the dependency court and the youth was legally freed. Can this youth be placed in a Supervised Independent Living Placement (SILP) in his biological mother’s home?

A: No;  non-minor dependents are not allowed to live in a SILP with a biological parent and receive a foster care placement payment.

Source: ACL 11-77, page 8.