Death of a guardian, relative, or adoptive parent of former NMD

Q: I am a social worker for a youth who was participating in extended foster care at age 18, and was then adopted by a former foster parent. When the youth was 19, her adoptive parent unexpectedly passed away. What options does this youth now have? Can she re-enter foster care?

A: Yes, a former non-minor dependent who has reached permanency, but whose ¬†adoptive parent (or former guardian) dies before the youth’s 21st birthday, may re-enter extended foster care as recently clarified in Assembly Bill 787, chaptered October 2nd (Chapter 487, Statutes of 2013).

2 thoughts on “Death of a guardian, relative, or adoptive parent of former NMD

  1. Erin T. says:

    It is important to note that while AB 787 adds section 388.1 to the Welfare and Institutions Code, which allows a nonminor whose guardian(s) or adoptive parents(s) dies to petition the court to assume dependency, this section does not become active until January 1, 2014.

  2. Jean Vilmenay says:

    Erin is correct and each county is ruling individually whether or not the NMD will be admitted prior to January 1, 2014.

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