Providing a Legal Basis for
Child Welfare System Support
of Youth 18 to 21
Howard Davidson, J.D
Director, ABA Center on
Children and the Law
American Bar Association
davidsonha@staff.abanet.org
Checklist of Law/Policy Issues
to be Considered
 Extend court jurisdiction
post-18 (mandate/option?)
 Create I.L. court hearings
 Meaningful youth consent
 Appointment/role of
lawyer/gal for post-18 youth
 Maximum age of
jurisdiction/aid (21, 23, 25?)
 Effective use of up-to-21
Medicaid extension
 Re-entry into care and/or
services post-18
 No homeless aged-out kids
 Provide post-18 mandate
(guarantee) of services vs.
only authorize services
 Require education & job
case management services
 Mandate data collection
pursuant to Chafee
 Provide things adults need
(I.D.s, bank account, etc.)
 Social Security $ access
 No exit without meaningful
adult connections
 More $ for housing support
Data from AFCARS and NCANDS
• Nationally, latest (9/30/04) AFCARS figures-24,492 youth in care were over 17 (only 5% of
all in care). Less than 10,000 were 19 or 20
• But that same report indicated 94,447 teens
(13-19) had entered foster care during that
same fiscal year!
• Teens constitute a significant percentage of
abuse/neglect victims. NCANDS 2004 data-226,371 maltreated kids were 12-17 (or 26.1%
of all new child victims. Only children 0-3 have
a higher rate of victimization.
1999 John H. Chafee Foster Care
Independence Program
• Mandates states provide services to former foster
youth until 21, as condition of getting federal $
• States can use up to 30% of Chafee $ for room
and board for kids 18-21 who leave foster care.
• States may extend Medicaid to 18, 19, or 20 yearolds emancipated from care.
• Outcome measurement and services data are
required on: Youth demographics, educational
attainment, employment, avoiding dependency,
homelessness, non-marital childbirth, high-risk
behaviors, and incarceration; National Youth in
Transition Database – see 7/14/06 Fed’l Register
Problems of 18-20 Former
Foster Youth With Serious
Societal Economic Consequences
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Homelessness
Chapin Hall research:
Former foster youth fare
Poverty
better if they remain in
Unemployment
care after age 18
No health insurance
Physical & mental health (PTSD) problems
Lack of educational/vocational completion
High-risk personal behavior that can lead to
out-of-wedlock births, injury/disease, and
criminal justice system involvement
Standards/Themes for Exemplary Post18 Aid (CWLA/Casey Family Programs)
• I.L. & Emancipation are not legal permanency
options (adoption, permanent guardianship,
relative placement, and APPLA, are)
• Youth must actively participate in both agency
planning & transition processes
• Stress youths’ permanent adult connections
• Minimal age of discontinuing services as 21,
optimal 25 (most begin to have self-sufficiency)
• No homeless youth/precarious living situations
• Low transition management service caseloads
Retention of Juvenile Court
Dependency Jurisdiction to 21
• ABA 2002– Urged Congress and state legislatures
to enact laws that provide youth in foster care full
access, up to 21, to independent and transitional
living services and health care
• Also urged extension of jurisdiction of dependency
courts over youth transitioning from foster care until
age 21, when appropriate (e.g., youth consents),
to ensure they have access to the court, and to
legal and social services through the court
• We also pledged to help ensure youth transitioning
out of care have access to competent counsel to
advocate for necessary services & safeguards
(Is that possible without continuing court jurisdiction?)
One of CSSP’s 20 State Measures
to Enhance Children’s Futures
• Center for the Study of Social Policy, “Twenty
State Policies to Enhance States’ Prosperity
and Create Bright Futures for America’s
Children, Families and Communities”
(January 2006)
• Measure 20: Statutorily authorizing foster
youth remain, post-18, under oversight of the
juvenile court (23 states plus D.C.)
• Only states that clearly say jurisdiction must
end at 18: FL, GA, ID, IA, KY, NM, NC, UT
What Are Variations in Extending
Court Jurisdiction?
• Half of states provide post-18 jurisdiction
• Of top 8 states in foster care population size
(45% of all U.S. kids in care), 6 (CA, IL, MI, NY,
OH, PA) allow post-18 court jurisdiction
• Extend to complete high school (tied to IV-E)
• Extend due to youth’s disability/special needs
• A rare variation is to mandate continuing
jurisdiction (e.g., if in child’s best interests)
• Only to mandate continuing agency services
• Don’t dismiss until certain outcomes achieved
What Are Issues With
and Barriers to
Continuing Court Jurisdiction?
• Do 18-20 year olds really belong in juvenile
courts? (they are, after all, legally adults)
• Is that judicial authority misused?
• Is youth consent intelligently given?
• Can youth “opt back in” to court jurisdiction
after their case was dismissed?
• Does this really help assure services?
• Do busy courts even use the option, or
endure added expense, given funding limits?
The California Dependency Court
Jurisdiction Termination Form
• Use of this form is mandatory (2006)-“Attached is a report verifying that the child has
received written information concerning his or her
dependency case— including information about the
child’s family history, the child's placement history, the
whereabouts of any siblings under the jurisdiction of
the juvenile court, the procedures for accessing the
documents that the child is entitled to inspect…and
the date on which the jurisdiction of the court will be
terminated.” [Note: P.L. 109-239 adds: give copy of
current health and education records, at no cost ]
__ The child has indicated that he or she intends to
be present at termination hearing.
__ The child does not wish to attend the termination
hearing. Petitioner has attached verification that
child has been informed of potential consequences
of failure to attend termination hearing.
__ The child is unavailable and/or has refused to sign
form. Evidence of reasonable efforts to locate child
and obtain child’s signature is attached.
The child has been provided following documents:
• Certified birth certificate
• Social security card
• Identification card and/or driver’s license
• Proof of citizenship or residency status
• Death certificate of parent or parents, if applicable
The following assistance has been provided to the child:
• Application for Medi-Cal or other health insurance was
completed
• Application for college, vocational training program, or
other educational/employment program was
completed
• Information on obtaining, or application to obtain,
financial assistance for educational/employment
programs
• Referral to transitional housing, if available, or
assistance in securing other housing
• Aid to obtain employment/other financial support
• Assistance in maintaining relationships with individuals
important to the child, consistent with the child's best
interest
• Other services which have been ordered by the court
(specify):
Selected Recent State Legislative
Reforms for Post-18 Youth
• California: W&I Code §11403.1 (2002)
[Supportive Transitional Emancipation Program
(STEP) for Foster Youth]– for counties opting to
participate, I.L. services up to age 21 (& aid
equal to basic foster care rate); state directed to
seek any federal funds available to support this.
• CA AB408 (2003) (youth should never exit care
without court determining that agency made
reasonable efforts to identify, consistent with
the child's best interests, the child’s permanent
relationship with at least one adult.
• CA AB1633 (2005)-- Extends opportunity for
youth to remain in foster care beyond 18 while
finishing high school or vocational
school/training or while pursuing high school
equivalency certificate; When foster youth
receiving SSI is nearing 18, county must give
youth information on federal requirement that
he/she establish continuing disability as adult in
order for SSI benefits to continue beyond 18,
and provide information to them regarding
process for becoming their own payee, or
designating an appropriate representative
payee if benefits continue beyond their 18th
birthday, and inform them of SSI benefits that
agency has been accumulating on their behalf.
• CA AB824 (2005)-- raises the age limit for
receipt of transitional housing placement
program services by an emancipated
foster youth to 24.
• CA AB1412 (2005)-- to better implement
an earlier law on kids not exiting care
without permanent adult relationships
(AB408), case workers are required to ask
all foster youth about adult relationships
important to them and then take actions
to support and maintain those
relationships (including exploring them as
permanency options).
• CA W&I Code §10609.3-4 (2000, 2005)–
Independent living (16-21) stipends may
support:
– Bus passes
– Housing rental deposits and fees
– Housing utility deposits and fees
– Work related equipment and supplies
– Training related equipment and supplies
– Education related equipment and supplies
Defines what should be in every youth’s
transitional I.L plan.
Requires counties to report on transitional
housing and related needs for emancipating
pregnant or parenting former foster youth.
• AZ §8-521 (2006)– Adds to the state’s I.L.
program a requirement that the agency
establish an “Educational Case
Management Unit” to coordinate education
plans for youth participating in I.L. and to
assist them to graduate from high school,
pass the state’s education standards test,
apply for postsecondary financial
assistance, and apply for postsecondary
education.
• Agency must report annually on youth in
I.L. program’s graduation/G.E.D. and
postsecondary enrollment statistics.
• FL §409.1451 (2004)– Independent Living
Transitional Services statute requires serving
18 to 22 year olds and lists as services:
mentoring/tutoring, mental health services &
substance abuse counseling, life skills classes,
parenting classes, job skills training, counselor
consultations, and temporary financial
assistance.
Services can be given to those who leave care
at 18 but then “opt back in” to seek aid.
Includes “Road to Independence” tuition waiver/
educational/vocational scholarship program
(kids in this can remain in care post-18).
• Law also requires a special I.L. Court Hearing
90 days after every foster youth’s 17th birthday
and periodically thereafter at which the court
must verify the agency has (subject to contempt
sanction) provided youth with:
– Current Medicaid card; certified copy of birth
certificate & drivers license or state I.D. card
– Information on social security benefits they may be
eligible for, and accounting of funds the agency
holds in trust for them and how to access them
– Budgeting skills/interviewing/parenting skills training
– Information on the Road to Independence and
Public Assistance programs, & aid in applying
– Open bank account or what’s needed to open one
– Clear understanding of their post-18 living situation
and how it will be paid for, and school they’ll be in
• MI Public Act 147 (2005)-- Created an
Interdepartmental Task Force on Services
to At-Risk Youth Transitioning to Adulthood
(over 20 public agencies, private
organizations and associations, and
foundations listed in statute) with a
requirement that by 9/30/06 they provide
to the legislature their findings,
assessments, planning, and
recommendations.
• MN §245A.22 (2004)-- I.L. services must
be provided to youth 16-21 in care, those
leaving care, and those who are homeless
or at risk of becoming homeless.
• NJ Chapter 130 (2004)-- child welfare agency
shall provide services to those 18-21 if they
were receiving services on or after their 16th
birthday, if on or after their 18th birthday they
didn’t refuse services or else request services
be terminated, and if the agency finds that
continuation of services is in their best
interests and would assist them to become an
independent and productive adult.
• TX Family Code Title 5 §264.121 (2005)-Extends both foster care, transition services,
& Medicaid eligibility up to 21, and allows
return to foster care as necessary to achieve
goals of Preparation of Adult Living Program.
• OR §419B.337 (2005)-- Makes it clear that
commitment of a youth to the agency’s
custody continues until youth turns 21 or
case is dismissed by the court. Court can
only dismiss case if agency has
appropriately implemented youth’s case
plan (with youth involvement) concerning
successful transition to independent living,
including needs and goals relating to
housing, physical and mental health,
education, employment, community
connections, and supportive relationships;
and that youth has safe & stable housing
and is unlikely to become homeless.