Q: I’m working with a 17-year-old youth who is in a guardianship, but there is still an open dependency case. What happens when she turns 18? Can she opt to move into a placement like a SILP or THP+FC for non-minor dependents? Or must she remain in the home of her guardian?
A: Because there is still an open dependency case, this youth is technically in foster care, meaning when she turns 18 she can access the placement types that other non-minor dependents (NMDs) can access, assuming she meets the eligibility criteria for extended foster care.
For youth in guardianships with open dependency cases, the guardianship terminates by operation of law at age 18. The home of the guardian can still be a foster care placement for the NMD if the guardian is willing and the NMD chooses to remain in the home, however the NMD can also choose to reside in a different placement.