Tag Archives: legal guardianship

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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Non-Related Legal Guardianship (NRLG) benefits and residing outside of guardian’s home

Question: My question is about non-related legal guardianship (NRLG) case (non-probate). If the youth is in college and still receiving support from the guardian but does not live in the home of the guardian full-time (i.e. lives in a dorm or something), is the guardian still able to receive extended benefits?

Answer: Yes. As long as the guardian is providing support to the youth, they can receive the AFDC-FC benefits even if the youth is at college.  The funding has to be paid to the NRLG.  It cannot be paid directly to the youth, as it would if the youth were living in a SILP.  (See ACL 11-69, p. 15)

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