Tag Archives: foster care placement

Re-entry to foster care after involvement with adult criminal justice system

Q:  If a youth exits foster care and becomes involved with the adult criminal justice system, does that disqualify him from re-entering extended foster care?

A:  No; the existence of a criminal conviction does not bar the court from resuming dependency jurisdiction. If placement in a licensed or approved foster or relative home with dependent minors in the residence is planned for a youth who is re-entering, the county may elect to do a background check of the youth.  The background check is solely for purpose of determining appropriate placement.  Although the Health and Safety Code requires that adults residing in a licensed foster family home are subject to criminal background clearances, these sections do not apply to non-minor dependents residing in licensed foster family homes, because they are considered clients. This also applies to non-minor dependents in relative and non-related extended family member homes. For more information, refer to ACL 12-12.

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Non-minor dependents’ eligibility to receive foster care payment directly

Q: Can a youth participating in extended foster care receive the foster care benefits directly?

A: A youth living in a Supervised Independent Living placement may receive the payment directly. It is not guaranteed. If the young adult is receiving the payment directly it needs to be documented in the Transitional Independent Living Plan (TILP).

NMDs all other types of placements (like group homes, THP‐ Plus Foster Care, or a foster family home) do not receive the benefit directly, but a provider may agree to give part of the benefit to the NMD to manage in order to help the NMD to develop financial skills and greater levels of responsibility. All County Letter 11‐69; All County Letter 11‐77

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Delinquency vs. dependency and eligibility for extended foster care

Question: Does the delinquency youth have the same re-entry rights/process as the dependency youth?

Answer: Youth in the delinquency system are eligible for extended foster care if they are under an order for foster care placement on their 18th birthday.  Further, the California Fostering Connections to Success Act provides mechanisms for certain wards to enter transition jurisdiction prior to their 18th birthday, which would provide those youth with eligibility for extended foster care benefits in the same manner as youth under dependency jurisdiction upon turning 18.  Youth who are either (1) under the court’s transition jurisdiction or (2) under the court’s delinquency jurisdiction AND under an order for foster care placement on their 18th birthday have all the rights as youth in the dependency system to participate in extended foster care, including the right to re-enter care. (Welf. & Inst. Code § 388(e)).

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