Married Youth’s Eligibility for Extended Foster Care

Q: I am nonminor dependent (NMD) who recently got married. Am I eligible to still participate in extended foster care?

A. Yes, you are eligible to enter, re-enter, and remain in Extended Foster Care. This was recently addressed the All County Letter 18-101 disseminated by the California Department of Social Services, stated below:

“In a recent published decision, In re H.C. (2017) 17 Cal.App.5th 1261, the Fourth District
Court of Appeals found that marriage does not exclude a youth from EFC eligibility in either
federal law or California statute. This ruling has mandatory authority over lower courts in
California.

As a result…if otherwise eligible, NMDs may now enter, re-enter or remain in EFC if they are married or get married. Married youth in EFC shall be subject to the same Title IV-E supervision requirements as any other NMD and they are eligible for the same placement options, if available and appropriate.”

Citation: California Department of Social Services. All County Letter No. 18-101, Eligibility for Extended Foster Care (EFC) For Married Youth and Youth Performing Non-Active Duty Military Service, (September 12, 2018). http://www.cdss.ca.gov/Portals/9/ACL/2018/18-101.pdf

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