Q: I am the Deputy Probation Officer for a youth who is re-entering extended foster care under 450 transition jurisdiction. He has signed the SOC 163, but the W&IC section 388(e) petition has not been heard by the court and jurisdiction has not been resumed. At this point, has he officially “re-entered?” Does the county have to provide him with a placement at this time?
A: Once the youth and the county child welfare agency or probation agency has signed the SOC 163, the non-minor dependent has re-entered foster care. The voluntary re-entry agreement provides the county with the initial authority for placement. Like other voluntary placements, the court must resume jurisdiction within 180 days of signing the agreement. But, the youth is considered to be in foster care and have all the rights of any other non-minor dependent during that 180 day period.
Yes, the county must provide a youth who has signed his SOC 163 with an appropriate placement. A youth who re-enters extended foster care is entitled to the same placement options that were available to them previously and the supervising agency has the same placement and care responsibilities as if the NMD were a minor. The only exception to this would be if a NMD elects to be placed in a Supervised Independent Living Placement (SILP). In this circumstance, the NMD is responsible for finding their own SILP unit. However, if a re-entering NMD would like to be placed in a SILP but has not located one, the youth should be placed in another suitable placement until the youth can identify a SILP.
Source: ACL 12-12