Youth who are on probation and supervised by the delinquency court (also known as “wards” of the court) who have an order for foster care placement on their 18th birthday are eligible for extended foster care services in the same manner as dependent youth. They must:

  • meet one of the Five Participation Conditions
  • agree to live in a supervised placement (link to placements/all placement options) that is licensed or approved under new standards for 18 to 21 year olds
  • sign a mutual agreement* (note: this is not a condition of payment)
  • meet with his/her probation officer every month
  • participate in six-month review hearings

*An NMD who has an order for foster care placement on their 18th birthday but remains under delinquency jurisdiction in order to complete his/her rehabilitative goals is not required to complete the mutual agreement and their terms of probation may trump some rights that other NMDs have upon reaching their 18th birthday.

TRANSITION JURISDICTION

“Transition jurisdiction” allows former wards who meet certain requirements to participate in extended foster care without having to remain under delinquency jurisdiction.

Non-Minors

Wards who are under an order for foster care placement on their 18th birthday are eligible for extended foster care and enter transition jurisdiction once they have finished the terms of theirprobation, as long as they are under the age of 21.

Minors

Wards who are under 18 are eligible for transition jurisdiction if:

  1. the youth is subject to an order for foster care placement;
  2. the youth is between 17 years old and 5 months and under 18 years;
  3. the youth no longer requires the supervision of the delinquency court because they have
    achieved their rehabilitative goals;
  4. the youth is at risk of abuse and neglect and cannot be returned to the parental home safely;
  5. the youth intends to meet the nonminor dependent participation requirements.

In order to ensure that all eligible wards have this opportunity, the delinquency court is required to consider whether to modify the youth’s jurisdiction to either dependency or transition jurisdiction over the youth at the status review hearing closest to the time when the youth turns 18, and atany hearing to terminate delinquency jurisdiction.