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Enacted Older Youth Legislation
Foster Youth
State: Arkansas
Bill: SB 359, Act 391; Status: Enacted ; Year: 2009
Summary: Establishes that the Department of Human Services shall develop a transitional plan with every juvenile in foster care not later than the juvenile's seventeenth birthday or within ninety (90) days of entering a foster care program for juveniles who enter foster care at seventeen (17) years of age or older. Mandates the department to assist the child aging out of foster care with the obtaining health insurance and employment, among other items.
Sponsored by Senators Madison, Salmon, Teague, J. Key, D. Johnson, Bryles, R. Thompson, P. Malone, Glover, Whittaker and Representative Powers
Fostering Connections to Success Act
State: California
Bill: AB 12; Status: Enacted; Year: 2009
Summary: Requires the department to amend its foster care state plan to extend care to specified individuals up to 21 years of age. Requires the court to ensure that the child's transitional case plan is reviewed periodically and includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. Extends the Adoption Assistance Program (AAP) to include children under 21 years of age who turned 16 years of age before the adoption assistance agreement became effective.
Sponsored by Assembly Members Beall and Bass, with principal co-author, Senator Liu
Foster Youth Successful Transition to Adulthood Act
State: Illinois
Bill: HB 4054, Public Act 581; Status: Enacted; Year: 2009
Summary: Creates the Foster Youth Successful Transition to Adulthood Act. Establish a program of transitional discharge from foster care for teenage foster children, enabling former foster youths under the age of 21 who encounter significant hardship upon emancipation to reengage with the Department of Children and Family Services and the Juvenile Court, in order to secure essential supports and services available to foster youth seeking to learn to live independently as adults.
Sponsored by Representative Feigenholtz
Department of Human Services
State: Iowa
Bill: SB 152; Status: Enacted; Year: 2009
Summary: Relates to administrative and planning requirements involving children for whom the Department of Human Services has responsibility under state or federal law. Revises transition planning for older children in foster care who are age 16 or older and approaching adulthood to include health care coverage planning, opportunities to have a mentor, and education and housing assistance. Requires documentation of the educational stability of the child while in foster care. Mandates the department to send a notice to all adult relatives of the child in custody explaining their options to provide care for the child.
Sponsored by Senate Human Resources Committee
Transitional Plan
State: Minnesota
Bill: SB 666, Chap. 106; Status: Enacted; Year: 2009
Summary: Allows certain foster children between the ages of 18 and 21 to request, and requires the local agency to develop, a specific plan related to the foster child's vocational, educational, social, or maturational needs, and must ensure that any foster care, housing, or counseling benefits are consistent with that plan.
Sponsored by Senator John Marty
Children's Code
State: New Mexico
Bill: SB 248, Chap. 239; Status: Enacted; Year: 2009
Summary: Includes in the New Mexico Children's Code that prior to the foster child's 18th birthday the court shall review the transition plan and determine whether the department has made reasonable efforts to have a complete transition plan for the youth.
Sponsored by Senator Ortiz
Parent Child Relationship
State: Texas
Bill: HB 1151, Chap. 1118; Status: Enacted; Year: 2009
Summary: Extends adoption assistance to a child's adoptive parents after age 18 and until age 21. Establishes that the department shall include training in trauma-informed programs and services in any training the department provides to foster parents, adoptive parents, kinship caregivers, and department caseworkers. The department shall pay for the training provided under this section with gifts, donations, and grants and any federal money available through the Fostering Connections to Success and Increasing Adoptions Act of 2008. Extends foster care payments after a youth is age 18 until age 22. Develops the permanency care assistance program which will provide for the reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child; the program must conform to the requirements for federal assistance as required by the Fostering Connections to Success and Increasing Adoptions Act of 2008.
Sponsored by Representative Thompson
Extended Jurisdiction After Child's 18th Birthday
State: Texas
Bill: HB 704, Chap. 96; Status: Enacted; Year: 2009
Summary: Adds a section to the Family Code establishing extended jurisdiction over a foster youth, if the youth requests it, after the youth's 18th birthday. Allows a court to conduct placement review hearings for a child in the managing conservatorship of the state after the child's 18th birthday until the child's 21st birthday.
Sponsored by Representative Rose
Extension of Services
State: Texas
Bill: SB 2080, Chap. 1238; Status: Enacted; Year: 2009
Summary: Develops the permanency care assistance program which authorizes foster care payments for relative caregivers who meet the eligibility criteria under federal and state law and department rule. Permanency care assistance may be extended after age 18 and until age 21 if the original agreement was first entered after the youth was age 16. Extends adoption assistance to a child's adoptive parents after age 18 and until age 21 if the original adoption assistance agreement was first entered after the youth was age 16. Allows the department to continue to pay the cost of foster care after a youth is age 18 until age 22.
Sponsored by Senator Uresti
Fostering Connections to Success Act
State: Washington
Bill: HB 1961, Chap. 235; Status: Enacted; Year: 2009
Summary: Expands foster care up to age 21, expands the current relative guardianship program, and expands their current child welfare services. Clarifies the authority of the Department of Social and Health Services to provide continuing foster care placement services with youth ages 18-21 enrolled in post-secondary programs. Authorizes qualified relatives to receive a guardianship subsidy on behalf of a dependent child placed in the home under a guardianship order. Establishes the authority of the DSHS, beginning October 1, 2010, to provide foster care placement services for youth aging out of foster care who are engaged in qualified activities consistent with federal law.
Sponsored by Representatives Roberts
Foster Care
State: Tennessee
Bill: HB 3114; Status: Enacted; Year: 2010
Summary: Makes foster care services available to certain persons between 18 and 21 who were in foster care upon their 18th birthday.
Sponsored by Representative Jones
Education of Children in Foster Care, Independent Living Skills Training
State: Alaska
Bill: HB 126; Status: Enacted; Year: 2010
Summary: Determines that if continued custody is in the best interests of the person and the person consents to it, the court may grant two-year extensions of commitment that do not extend beyond the person's 21st birthday. Allows for an additional period of state custody past 19 years of age if the person is in need of out-of-home care to avoid personal harm or homelessness and to enhance the person's ability to continue their education or otherwise improve their successful transition to independent living.
Sponsored by Representative Gara
Older Youth
State: California
Bill: AB 12; Status: Enacted; Year: 2010
Summary: Requires the department to amend its foster care state plan to extend care to specified individuals up to 21 years of age. Requires the court to ensure that the child's transitional case plan is reviewed periodically and includes a plan for the child to meet one or more criteria that would allow the child to remain a nonminor dependent, and to ensure that the child has been informed of his or her right to seek the termination of dependency jurisdiction. Extends the Adoption Assistance Program (AAP) to include children under 21 years of age who turned 16 years of age before the adoption assistance agreement became effective.
Sponsored by Assembly Members Beall and Bass, with principal co-author, Senator Liu
Jurisdiction of the Family Court for Abused, Dependent and Neglected Children
State: Delaware
Bill: SB 113; Status: Enacted; Year: 2010
Summary: Creates a procedure by which youth exiting foster care in Delaware and who are provided services under the John H. Chafee Independence Act and/or the Fostering Connections and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age.
Sponsored by Senator Cook
Older Youth and Health
State: Oregon
Bill: HB 3664; Status: Enacted; Year: 2010
Summary: Relates to medical assistance for individuals under the age of 21 who age out of foster care
Sponsored by Committee on Health Care
Older Youth
State: District of Columbia
Bill: B 547 Chap. 230; Status: Enacted; Year: 2011
Summary: Extends adoption and guardianship subsidies for a child from 18 years of age to 21 years of age. Determines that the court shall have jurisdiction to enter a guardianship order and shall retain jurisdiction to enforce, modify, or terminate a guardianship order until a child reaches 21 years of age; provided, that when the child reaches 18 years of age, the child consents and the court finds it is in the best interest of the child.
Sponsored by Representative Wells
Older Youth
State: District of Columbia
Bill: B 759 Chap 393; Status: Enacted; Year: 2011
Summary: Amends, on an emergency basis, An Act to provide for the care of dependent children in the District of Columbia and to create a board of children's guardians to extend the adoption subsidy for a child from 18 years of age to 21 years of age; amends the Official Code to extend the guardianship subsidy for a child from 18 years of age to 21 years of age.
Sponsored by Representative Wells
Kinship/Guardianship, Transition Planning
State: Nebraska
Bill: LB 177; Status: Enacted; Year: 2011
Summary: Requires the department to make reasonable efforts to accomplish joint-sibling placement or sibling visitation or ongoing interaction between siblings. Establishes that the Department of Health and Human Services shall identify, locate, and provide written notification of the removal of the child from his or her home, within thirty days after removal, to any non-custodial parent and to all grandparents, adult siblings, adult aunts, adult uncles, adult cousins, and adult relatives suggested by the child or the child's parents, except when that relative's history of family or domestic violence makes notification inappropriate. Determines that when a child placed in foster care turns sixteen years of age or enters foster care and is at least sixteen years of age, a written independent living transition proposal shall be developed by the Department of Health and Human Services at the direction and involvement of the child to prepare for the transition from foster care to adulthood.
Sponsored by
Older Youth
State: North Dakota
Bill: SB 2192; Status: Enacted; Year: 2011
Summary: Relates to the disposition of a child needing continued foster care services after the age of eighteen and under the age of twenty-one.
Sponsored by Senator Lee
Older Youth
State: Washington
Bill: HB 1128 Chap 330; Status: Enacted; Year: 2011
Summary: Companion bill to WA SB 5245. Supports foster youth to age nineteen with the goal of increasing support to age twenty-one as resources become available.
Sponsored by Representative Roberts
Pending Older Youth Legislation
Foster Care Age Limit and Tuition Waiver
State: Alaska
Bill: SB 27; Status: Pending-Carryover; Year: 2009
Summary: States that a person who was in foster care is entitled to a waiver of undergraduate tuition and fees. Extends subsidy payments for children up to age 18 or up to age 23 if they are living in foster care at that time.
Sponsored by Senator Davis
Jurisdiction of the Family Court for Abused, Dependent and Neglected Children
State: Delaware
Bill: SB 113; Status: Pending-Carryover; Year: 2009
Summary: Creates a procedure by which youth exiting foster care in Delaware and who are provided services under the John H. Chafee Independence Act and/or the Fostering Connections and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age.
Sponsored by Senator Cook
Youths in Care of the Commonwealth
State: Massachusetts
Bill: HB 123; Status: Pending; Year: 2009
Summary: Allows for children who have aged out of the custody of the department of children and families to be eligible for benefits until they reach age 21.
Sponsored by Representative Bradley
Foster Youth
State: Massachusetts
Bill: SB 40; Status: Pending; Year: 2009
Summary: Requires the Department of Children and Families to continue its responsibility for any foster youth who has attained the age of 18 and is under 22 years of age and who is (1) completing secondary education or a program leading to an equivalent credential; (2) enrolled in an institution which provides post-secondary or vocational education; (3) participating in a program or activity designed to promote, or to remove barriers to, employment; (4) employed at least 80 hours per month; or (5) incapable of doing any of the activities described in subclauses (1) though (4) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child, provided, however, that the department's continued responsibility for persons who have attained the age of 18 is contingent upon the express written consent of the person. Requires the department to provide the child with assistance and support in developing a transition plan during the 90-day period immediately prior to the date on which a child will attain 18 years of age (if they elect to leave the care of the department upon this date) or the child's 22nd birthdate (if them remain in the care of the department until this time). Mandates the court to retain jurisdiction until it finds that a satisfactory transition plan has been provided for the child.
Sponsored by Senator Flanagan
Transitional Plan
State: Minnesota
Bill: HB 985; Status: Pending-Carryover; Year: 2009
Summary: Allows persons between ages 18 and 21 who have been in foster care for six consecutive months prior to their 18th birthday, to request the department to develop a plan related to that person's vocational, educational, social and other needs and to ensure that the person's foster care, housing and other benefits are tied to that plan.
Sponsored by Representatives Hayden, Clark, Greiling, Abeler and Champion
Implementation of the Federal Fostering Connections
State: New York
Bill: SB 3867; Status: Pending; Year: 2009
Summary: Relates to implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 with respect to subsidized kinship guardianship, educational stability, transition plans and sibling visitation and contact.
Sponsored by Senator Montgomery
Education of Homeless
State: Alaska
Bill: SB 105 ; Status: Pending-Carryover; Year: 2010
Summary: Ensures the continued education of a child in out of home placement in their school of origin. Establishes that persons under 21 years of age who were in the custody of the department and who were placed in out-of-home care for a period of not less than six consecutive months on or after reaching 16 years of age are eligible for medical assistance. Creates a program related to independent living skills for a child in state custody who was placed in out-of-home care and identified as being likely to remain in out-of-home care until reaching not less than the age of 18.
Sponsored by Senator Davis
Foster Care Age Limit and Tuition Waiver
State: Alaska
Bill: SB 27; Status: Pending-Carryover; Year: 2010
Summary: States that a person who was in foster care is entitled to a waiver of undergraduate tuition and fees. Extends subsidy payments for children up to age 18 or up to age 23 if they are living in foster care at that time.
Sponsored by Senator Davis
Youths in Care of the Commonwealth
State: Massachusetts
Bill: HB 123; Status: Pending-Carryover; Year: 2010
Summary: Allows for children who have aged out of the custody of the department of children and families to be eligible for benefits until they reach age 21.
Sponsored by Representative Bradley
Foster Youth
State: Massachusetts
Bill: SB 40; Status: Pending-Carryover; Year: 2010
Summary: Requires the Department of Children and Families to continue its responsibility for any foster youth who has attained the age of 18 and is under 22 years of age and who is (1) completing secondary education or a program leading to an equivalent credential; (2) enrolled in an institution which provides post-secondary or vocational education; (3) participating in a program or activity designed to promote, or to remove barriers to, employment; (4) employed at least 80 hours per month; or (5) incapable of doing any of the activities described in subclauses (1) though (4) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child, provided, however, that the department's continued responsibility for persons who have attained the age of 18 is contingent upon the express written consent of the person. Requires the department to provide the child with assistance and support in developing a transition plan during the 90-day period immediately prior to the date on which a child will attain 18 years of age (if they elect to leave the care of the department upon this date) or the child's 22nd birthdate (if them remain in the care of the department until this time). Mandates the court to retain jurisdiction until it finds that a satisfactory transition plan has been provided for the child.
Sponsored by Senator Flanagan
Implementation of the Federal Fostering Connections
State: New York
Bill: SB 3867; Status: Pending-Carryover; Year: 2010
Summary: Relates to implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 with respect to subsidized kinship guardianship, educational stability, transition plans and sibling visitation and contact.
Sponsored by Senator Montgomery
Older Youth
State: Pennsylvania
Bill: HB 2297; Status: Pending; Year: 2010
Summary: Determines that a foster child can remain under the jurisdiction of the court after the child reaches 18 years of age, up to when the child reaches 21 years of age, based on a determination by the court that the child meets specific conditions, including, but not limited to the child completing a secondary education program or employed for at least 80 hours per month. Defines a transition plan as a personalized plan for a foster youth that includes specific plans for housing, health insurance, education, opportunities for mentors and continuing support services, work force supports and employment services. The plan shall be prepared at least 180 days immediately prior to the date on which the child will reach 18 years of age or, if the court has extended jurisdiction for a child who is 18 years of age or older, then 180 days immediately prior to the anticipated termination of jurisdiction
Sponsored by Representative Bishop
Older Youth and Independent Living
State: Oregon
Bill: HB 3464; Status: Pending; Year: 2010
Summary: Requires Department of Human Services to provide children in foster care with assistance obtaining driving privileges as part of their case plan to transition into independent living.
Sponsored by Representative Buckley
Kinship / Older Youth
State: California
Bill: AB 212; Status: Pending; Year: 2011
Summary: Establishes provisions authorizing certain Kin-GAP recipients to continue to receive Kin-GAP aid after 18 years of age, if they are attending high school or vocational or technical training, as specified. Kin-GAP provides aid on behalf of eligible children who are placed in the home of a relative caretaker.
Sponsored by Assemblymember Beall
Older Youth
State: Hawaii
Bill: HB 726; Status: Pending; Year: 2011
Summary: Authorizes the family court system to retain jurisdiction over children in the foster care system until they reach the age of twenty-one. Amends current law to require a transition plan for children in the foster care system once they have reached the age of fourteen.
Sponsored by Representative Muzino
Older Youth
State: Hawaii
Bill: SB 954; Status: Pending; Year: 2011
Summary: Provides children in the foster care system the option to remain under the jurisdiction of the family court system until they reach the age of twenty-one. Amends current law to require a transition plan for children once they have reached the age of fourteen.
Sponsored by Senator Chun Oakland
Fostering Connections
State: Indiana
Bill: HB 1323; Status: Pending; Year: 2011
Summary: Requires that that the Indiana child custody and support advisory committee shall study and make recommendations ensuring that the laws in Indiana concerning foster care are in compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008.
Sponsored by Representative Riecken
Adoption Assistance / Older Youth
State: Minnesota
Bill: HB 1304; Status: Pending; Year: 2011
Summary: Extends adoption assistance to children up to age 21 when certain eligibility criteria are met.
Sponsored by Representative Huntley
Older Youth / Kinship Guardianship
State: Minnesota
Bill: SB 1173; Status: Pending; Year: 2011
Summary: Determines that a child may qualify, under limited circumstances, for the extension of adoption assistance beyond the age of 18, up to the age of 21. States that diligent efforts to identify and search for relatives as potential caregivers must be made by the responsible social service agency no later than three months after a child is ordered removed from the care of a parent. The court may continue jurisdiction over an individual to the individual's 19th birthday when continuing jurisdiction is in the individual's best interest in order to: accomplish additional planning for independent living or for the transition out of foster care; or support the individual's completion of high school or a high school equivalency program. Establishes that siblings shall be placed together in the same home and ensures that visitation is occurring when siblings are separated in foster care placement and visitation is in the siblings' best interests. Requires the responsible social services agency to develop a personalized transition plan as directed by the youth for a child who will be discharged from foster care at age 18 or older. The transition plan must be developed during the 90-day period immediately prior to the expected date of discharge. States that when a child asks to continue or to reenter foster care after age 18, the child and the responsible social services agency may enter into a voluntary agreement for the child to be in foster care; the voluntary agreement must be in writing and on a form prescribed by the commissioner.
Sponsored by Senator Benson
Older Youth
State: Washington
Bill: SB 5245; Status: Pending; Year: 2011
Summary: Companion bill to WA HB 1128. Supports foster youth to age nineteen with the goal of increasing support to age twenty-one as resources become available.
Sponsored by Senator Regala
