Extended Foster Care for Youth Placed into a Conservatorship

Q: If a Non-Minor Dependent is severely developmentally delayed and is placed into a conservatorship, does that make the youth ineligible for extended foster care?

A: No, being placed into conservatorship does not make a NMD ineligible. Many youth in extended foster care have been conserved with no impact to eligibility. These youth meet participation criteria #5, which allows youth who are incapable of meeting any of the other participation conditions due to a medical condition to be eligible for extended foster care.

If a NMD is deemed incompetent, the court can appoint a decision maker if it is in the NMD’s best interest. A decision maker can be any “responsible adult” such as a caretaker, relative, CASA, etc. The decision maker will be authorized “to make educational or developmental services decisions” for the NMD and court form JV-535 has been modified for this purpose. Further, the law that states that a NMD who is determined “incapable of making an informed agreement” does not need to complete a mutual agreement.

Source: WIC§361, WIC § 303(d), Code of Civil Procedure§372, WIC§361, ACL 11-61

One thought on “Extended Foster Care for Youth Placed into a Conservatorship

  1. Jean Vilmenay says:

    In this scenario you also need to consider their living arrangements. For example if this youth with a conservator is also living in a board and care; while they are eligible for AB 12 case management, the board and care is not considered a legal placement so they would not be eligible for AB 12 funding. This would also be true (case management but not funding) if they are receiving SSI

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