Adopted at 16 but in need of services

Q: I was adopted when I was 16, but things didn’t really work out and I’ve been on my own since I turned 18. Now I’m 19 years-old and I work part-time, but it’s not enough to rent an apartment even with a roommate. I’m staying on my friend’s couch right now but I need to be out of here soon. My adoptive parents will not allow me to move back in. Am I eligible for AB 12 or for the THP-Plus program for former foster youth? 

A: Yes, you may be eligible to re-enter Extended Foster Care (EFC) through a process that was established by Assembly Bill 2454.

As of January 1, 2015, a youth who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when their guardianship or adoption was established, may seek re-entry to foster care if the legal guardian(s) or adoptive parent(s) received aid* after the youth attained 18 years of age, but no longer provide ongoing support to, and no longer receive aid on behalf of the non-minor between 18 and (up to) 21 years old.

Once the petition is filed and the court determines there is sufficient information to indicate that the non-minor meets one of the conditions for re-entry, a hearing will be scheduled within 15 judicial days.

The child welfare or probation department will prepare a court report that addresses how the non-minor will meet one of the five EFC participation criteria cited in ACL 11-69 and the appropriate placement setting for the non-minor. If re-entry into foster care is in the non-minor’s best interest, the court will assume dependency jurisdiction over the non-minor and order placement and care responsibility with the child welfare or probation agency.

As for your eligibility for the THP-Plus program for former foster youth, you are not eligible. Youth are eligible for the THP-Plus program who were in foster care or out-of-home placement on or after their 18^th birthday and there is currently no mechanism to petition this, as there is for Extended Foster Care.

*Received aid under the state or federal Kinship Guardianship Assistance Program (Kin-GAP), as a Non-Related Legal Guardian whose guardianship was established in dependency court, or through the Adoption Assistance Program (AAP)

Citation: Assembly Bill 2454 (2014), All County Information Notice I-17-15 (October 20, 2015), All County Letter 11-69 (October 13, 2011)

Criminal Convictions And Financial Aid

Q: If I have been convicted of a crime, does this impact whether I am eligible for financial aid?

A: For the most part, a student with a criminal conviction, including one who is on probation or parole, is eligible for federal and state financial aid, however there are some exceptions. If you are currently incarcerated, you are ineligible for a federal Pell grant. Your eligibility may also be suspended if you were convicted of a drug-related offense and the offense occurred while you were receiving federal student aid (grants, loans, or work-study). Note that the suspension can be lifted however by successfully completing an approved drug rehabilitation program or by passing two unannounced drug tests administered by an approved drug rehabilitation program.

If you are convicted of a drug-related offense after you submit the FAFSA, you might lose eligibility for federal student aid, and you might be liable for returning any financial aid you received during a period of ineligibility.

Finally, if you have been convicted of a forcible or non-forcible sexual offense, and you are subject to an involuntary civil commitment upon completion of a period of incarceration for that offense, you cannot receive a Federal Pell Grant.

For more information, CLICK HERE.

Youth Savings Requirements for THP+FC Providers?

Q: I’m the former foster parent of a youth who is now in Extended Foster Care, living in a THP+FC program. She is exiting the program next month and wants to know how much money has been saved on her behalf that she can access when she exits. Can you tell me what the savings requirements are for non-minor dependents participating in THP+FC programs?

A: While many THP+FC programs do have savings plans for the youth placed with them, there is no requirement that a THP+FC provider have any particular savings plan. THP+FC providers are required to have policies on what their savings requirements are, but statutes and regulations are not prescriptive regarding any savings account or plan.

Citation: Welfare and Institutions Code Section 16522.1