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 18th 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)