Re-Entering Foster Care from Guardianship or Adoption

Q: I am a former foster youth who left foster care at age 17 when my aunt became my legal guardian. I am now 19 years-old and she is no longer providing me any financial support. It is possible for me to re-enter foster care?

A: Yes, Governor Brown recently signed Assembly Bill 2454 which will authorize a non-minor who has exited foster care to guardianship OR adoption to petition the court to resume dependency jurisdiction if the following conditions are met:

  1. the non-minor was under juvenile court jurisdiction when the guardianship was established or the adoption was finalized;
  2. the non-minor has to have received benefits after age 18;
  3. the non-minor’s former guardian or adoptive parents have died or are no longer providing ongoing support to the non-minor and are no longer receive payment on behalf of the nonminor;
  4. the non-minor is under age 21;
  5. the court determines that it is in the nonminor’s best interest for the court to assume dependency jurisdiction;
  6. The non-minor agrees to satisfy all other requirements of extended foster care.

The bill will be effective January 1, 2015.

Source: Welfare & Institutions Code § 388.1

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