1. Extended court jurisdiction

2. EXTENDED COURT JURISDICTION

3. What is the criteria for a court to extend its jurisdiction of a child beyond their 18th birthday?
If a court has jurisdiction of a child on the day before their 18th birthday, the court continues to have extended jurisdiction while the young adult remains in extended foster care and during a trial independence period.
Court may not appoint DFPS as the managing conservator of a young adult.
Extended jurisdiction cannot go beyond the young adult’s 21st birthday.

4. If the court retains jurisdiction of a young adult, how does this impact the appointment of an Attorney Ad Litem, Guardian Ad Litem, or CASA Volunteer?
Court may continue or renew the appointment of an AAL, GAL, or CASA Volunteer to assist the young adult in accessing services the young adult is entitled to receive from DFPS or any other public or private service provider.
An AAL/GAL appointed for young adult who receives services in their own home from a service provider or resides in a licensed/certified/verified institution (other than by DFPS) shall assist the young adult as necessary to ensure they are receiving the appropriate services.

5. EXTENDED FOSTER CARE

6. Summary of Extended Foster Care
EFC
YA must be in a residential facility licensed or approved by DFPS, and paid for by DFPS; including foster homes, foster group homes, RTCs, and “Supervised Independent Living” providers who have a contract with DFPS for EFC.
NOT EFC
YAs living in State Supported Living Centers, HCS homes, with relatives, in a juvenile justice placement, or other settings not subject to DFPS regulation or payment.

7. OVERVIEW Extended Foster Care Trial Independence Period
Transitional Living Services
Guardianship

8. How does a young adult remain in foster care beyond their 18th birthday?
Young adult must sign an extended foster care agreement.
Must meet at least one of the education or work related eligibility criteria or be incapable of performing all of those activities due to a documented medical condition.

9. Does the court continue to conduct hearings for a young adult in Extended Foster Care?
Foster care review hearings are to be held every six months.
10 days prior to hearing, DFPS shall file the young adult’s plan and a report to the court.
Court required to make findings regarding living arrangements, the permanency plan, and services.

10. What is Supervised Independent Living?
New “foster care” setting eligible for federal reimbursement for young adults in extended foster care.
Setting “approved” but not required to be licensed.

11. What is the benefit of Supervised Independent Living?
SIL provides minimal supervision and minimal case management services in a variety of housing settings:
Apartments/Shared Housing,
Dorm settings at General Residential Operations (GROs) or at colleges, and
Host homes

12. What is trial independence?
Period of not less than six months during which a young adult exits foster care with the option to return to foster care under the continuing extended jurisdiction of the court.
Court may order an additional six months.

13. Will the court continue to hold hearings during a young adult’s trial independence period?
No periodic hearings are required.
DFPS not required to make monthly contacts with the young adult.
Court may not compel young adult to attend court hearing.

14. What happens when a young adult wishes to return to extended foster care during their trial independence period?
A placement needs to be available for a young adult to return to Extended Foster Care.
Once a young adult returns from the Trial Independence Period to Extended Foster Care, the Trial Independence Period is over.
Young adult may have more than one Trial Independence Period.
If young adult does not return to Extended Foster Care and Trial Independence Period ends, Extended Court Jurisdiction ends, with two exceptions.

15. How does Extended Jurisdiction and Extended Foster Care impact a young adult receiving Transitional Living Services?
Young Adult may be receiving Transitional Living Services while in Extended Foster Care or Trial Independence Period.
Young adult receiving Transitional Living Services may choose not to return to Extended Foster Care, but may voluntarily request an extension of court’s jurisdiction.
Extended Court Jurisdiction ends on young adult’s 21st birthday or the date the young adult withdraws consent to the extension of court jurisdiction in writing.

16. Will hearings be held when a young adult has requested, and the court has approved, extended jurisdiction for the purposes of Transitional Living Services?
At the young adult’s request, the court may hold a hearing to review services the young adult is receiving.
Prior to hearing, DFPS required to file report.

17. Can the court extend its jurisdiction without the young adult’s consent?
Not withstanding the section regarding Transitional Living Services and Voluntary Extended Court Jurisdiction, if the court believes a young adult is incapacitated as defined by the Probate Code, the court may extend its jurisdiction on its own motion without the young adult’s consent.

18. What would necessitate the court extending its jurisdiction on its own?
Extension is to allow DFPS to refer the young adult to the Department of Aging and Disability Services (DADS) for guardianship services.
This Extended Court Jurisdiction ends on the earliest of DADS determining no guardianship needed, guardian appointed and qualifies, or a probate court denies guardianship application.

19. If the guardianship IS NOT approved, can the court continue to extend its jurisdiction over the young adult?
The court may continue to extend its jurisdiction over the young adult as provided by TFC Sections or

20. If the guardianship IS approved by the probate court, can the court continue to extend its jurisdiction over the young adult?
Guardian may request the court extend its jurisdiction.
Court that extends its jurisdiction where there is a guardian may not issue an order that conflicts with an order of the probate court.
CPS court may not appoint DADS as managing conservator or guardian of young adult.

21. Are there any orders the court may issue that are prohibited?
Court may not order DFPS to provide services to a young adult unless DFPS is authorized to provide the services under state law and is appropriated money to provide the service in an amount sufficient to comply with the court order and DFPS obligations to other young adults for whom DFPS is required to provide similar services.