Extended Foster Care for Probation-Supervised Youth

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 to participate in extended foster care as long as they fulfill the other eligibility requirements.

Note: A non-minor dependent (NMD) who has an order for foster care placement on their 18th birthday but remains under delinquency jurisdiction in order to complete rehabilitative goals is not required to sign a Mutual Agreement, and their terms of probation may supersede 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 their probation, 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, under age 18;
    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 extended foster care 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 at the status review hearing closest to the time when the youth turns 18, and at any hearing to terminate delinquency jurisdiction.