Monthly Archives: September 2013

AB 12 Eligibility for Probation Youth with Vacated Orders

Q: I am a volunteer for youth in our county juvenile probation department and am currently working with a young woman, age 18. I was told by her probation officer that she is not eligible for AB 12 services because her “orders were vacated” prior to turning 18 after being on run-away status for an extended time. What does that mean and is eligible or not?


A: If a youth is absent from their placement for a specified period of time, the court has the discretion to “vacate the orders” of the youth, which essentially means to cancel the youth’s placement orders. If the youth did not have a court order for foster care placement in place on her 18th birthday, then the probation officer is correct and she is not be eligible for extended foster care.

Given this, it is important for minor’s attorneys and public defenders to work to ensure that a court does not vacate the orders of a youth under the age of 18, not only because it closes off the opportunity to participate in AB 12 services at a later time, but because this youth is still a minor who has found to be unable to return home due to abuse and neglect and is the state’s responsibility.  Vacating the orders for placement means that no one is responsible for this young person’s well-being, even though the court had previously determined that the youth cannot live at home safely.

Dropping classes: potential impact on financial aid

Q:  I am working with a youth who started school full time at a community college three weeks ago.  He’s struggling in one of his classes and is thinking about dropping the class.  Will this impact his financial aid?

A:  Federal Financial aid such as Pell grants are prorated based on course load.  If dropping a class results in him no longer qualifying as full time status (less than 12 units), his financial aid award will be reduced.  If he has already received his financial aid payment, this can result in an overpayment which can have a variety of negative consequences, including a block on registration the following term.  He should meet with a financial aid counselor as soon as possible to understand all of the implications of dropping a class as well as an academic counselor to determine what resources may be available to help him be successful in the class.  Dropping the class after the drop deadline may also impact whether the student gets placed on academic probation.

Residing in a SILP with a Grandparent

Q: I understand that a non-minor dependent cannot live in a Supervised Independent Living Placement (SILP) with their biological parent. However, can the NMD be placed in a SILP with a grandparent, if the grandparent is the person from which she was detained?

A: A NMD can be approved to live in a SILP where a grandparent is residing. In this case, the grandparent would not be the foster care provider, but would be more like the NMD’s landlord. In order for a NMD to be approved to live in a SILP, the NMD must be determined to be ready to live independently (eg: without a foster parent or other provider) and the SILP itself must be approved as meeting health and safety standards. It is within the discretion of the child welfare worker to approve any SILP setting as an appropriate placement. If the child welfare worker determines, based on his or her professional judgment, that this placement is not appropriate, the worker is not required to approve it. In the NMD disagrees with this decision, she could request that it be reviewed by the court either at her next six-month administrative review or at a special hearing.