Extended Foster Care For Young Adults 18 to 21

Georgia
2023, 2022, 2021 | Aging out of the foster system
  • To: County Departments of Family and Children Services; DFCS District Directors; DFCS Regional Directors; State Office Staff
  • From: Candice Broce, Division Director-Georgia Division of Family and Children Services

Purpose 

The purpose of this Child Welfare Services County Letter (CWSCL) is to update provisions from CWSCL No. 2020-02 Extended Foster Care for Young Adults ages 18 to 21 - State Legislative Updates, incorporating updated eligibility criteria pertaining to the immigration status of otherwise eligible young adults. 

Discussion 

The Georgia Division of Family and Children Services (DFCS) is responsible for the safety, permanency, and wellbeing of children served. DFCS must adhere to state and federal laws guiding the provision of child welfare services. In 2018, Georgia enacted House Bill 972 with an effective date of July 1, 2020, giving eligible young adults the option to receive Extended Foster Care (EFC) from age 18 through their 21st birthday. The release of CWSCL No. 2020-02 Extended Foster Care for Young Adults 18 to 21 –State Legislative Updates implemented the provisions of this legislation. 

Recently, DFCS received clarification that young adults who are otherwise eligible for EFC must also be a United States citizen or a qualified alien under the Immigration and Nationality Act (INA) 1 to participate in EFC. Further, young adults with Special Immigrant Juvenile (SIJ) classification alone does not meet the requirements to become a qualified alien. This CWSCL is being issued as an update to CWSCL No. 2020-02 which will be discontinued. 

A qualified alien meets one of the following criteria: 

  • Lawful Permanent Resident (LPR) under INA 
  • An asylee under section 208 of the INA
  • A refugee under section 207 of the INA 
  • A victim of a severe form of trafficking, as defined by the Trafficking Victims protection Act of 2000, who has been granted refugee status 
  • An individual paroled into the United States under section 212(d)(5) of the INA for a period of at least one year 
  • An alien whose deportation is being withheld under section 243(h) of the INA. 
  • A conditional entrant in accordance with section 203(a)(7) of the INA as in effect prior to April 1, 1980 
  • A Cuban/Haitian entrant under section 501(e) of the Refugee Education Assistance Act of 1980 
  • A battered spouse, battered child, parent of a battered child, or child of a battered parent, who fits certain criteria

Eligibility for EFC 

  1. Determine eligibility based on the following criteria: 

    1. The young adult was in foster care for at least six months 2 prior to reaching the age of 18, and remained in care until his/her 18th birthday without achieving legal permanency by reunification, adoption or guardianship; 

      EXCEPTION: Youth who were adopted from foster care at or after age 16 and experience a dissolution of adoption at or after age 18 are eligible for EFC. 

    2. The young adult executes a Voluntary Placement Agreement for Extended Foster Care (VPA-EFC), and: 

      NOTE: A young adult who is within 12 months of becoming 21 years of age shall not be permitted to sign the VPA-EFC. 

      1. Acknowledges the voluntary nature of the program and indicates a commitment to proactively collaborate in transition planning and preparation. 
      2. Agrees to continue receiving foster care assistance between the age of 18 to their 21st birthday and: 
        1. Make ongoing progress completing identified goals in the case plan/ Written Transitional Living Plan (WTLP) which include education, employment, and other skills needed for independence; and
        2. Work towards completion of a transition plan to support their successful transition to adulthood. 

      NOTE: Refer to policy 13.4 Independent Living Program: Transition from Foster Care for guidance regarding transition planning for youth in foster care who may be unable to make decisions on their own behalf.  

    3. The young adult is a legal resident of Georgia and a U.S. citizen or a qualified alien under INA. 

      NOTE: Seek guidance from the Special Assistant Attorney General (SAAG) if it is unclear whether the young adult is a qualified alien. Youth may request participation in EFC prior to their 20th birthday, if they subsequently meet the required citizenship or immigration status. 

    4. The young adult meets one of the following eligibility criteria:
      1. Completing a secondary education or program leading to an equivalent credential (e.g. high school or GED); 
      2. Enrolled in an institution which provides postsecondary or vocational education; 
      3. Participating in a program or activity designed to promote or remove barriers to employment; 
      4. Employed for at least 120 hours per month; 
      5. Employed for 80 hours per month, provided that he or she is also engaged in one of the activities described in i-iii above or can only work 80 hours per month due to a medical condition; or
      6. Incapable of doing any of the activities described in i-iv above due to a medical condition, which incapability is supported by regularly updated information in the case plan of the young adult.
  2. Have the young adult execute the VPA-EFC within 5 business days following his/her: 
    1. 18th birthday; or 
    2. Request to return to EFC, if they previously opted out or were voluntarily discharged.  
  3. Notify the Revenue Maximization Unit (Rev Max) within five business days of determining that the young adult is eligible to receive EFC services to initiate the Medicaid application (see policy 13.10 Independent Living Program: Medical Insurance for Youth 18 Years of Age and Older and the Georgia Advance Directive for Health Care). 
  4. Engage the young adult and his or her support system, including his or her attorney and guardian ad litem, to develop the case plan/WTLP outlining the plan for transition to independent living, or another planned permanent adult living arrangement within 30 calendar days of the execution of the VPA-EFCand in accordance with policy 13.3 Independent Living Program: Written Transitional Living Plan, and 13.4 Independent Living Program: Transition from Foster Care.
  5. Submit a written report to the juvenile court, attend the initial review hearing, andreview the court order in accordance with the Judicial Review for EFC outlined below, to determine:  
    1. The court’s approval of the case plan/WTLP; and 
    2. The court’s order with regard to the young adult having EFC services if it has been determined to be in their best interest. 
  6. Determine continued eligibility every 12 months following the young adult signing of the VPA-EFC.

Judicial Review for Extended Foster Care 

  1. Prepare a written report to be submitted to the court, to include: 
    1. The child’s name, date of birth, race, gender and current address; 
    2. Facts to support a finding that the young adult meets eligibility for EFC and an explanation as to why receipt of EFC is in the young adult’s best interest;  
    3. A copy of the signed VPA-EFC; 
    4. The case plan/WTLP which outlines the plan for the young adult to transition to independent living or another planned permanent adult living arrangement which is appropriate for the age and independence of the young adult; 
    5. Any information the young adult wants the court to consider; and
    6. Any additional information DFCS wants the court to consider.
  2. In consultation with the SAAG file the written report with the court within 120 days of executing a VPA-EFC with the young adult. 
  3. Attend the initial review hearing held by the juvenile court within 30 days of the filing of the written report for which the court shall: 
    1. Make written findings of fact for the purpose of determining whether EFC is in the best interest of the young adult. 
    2. Issue an order with regard to the young adult having EFC services if it has been determined to be in their best interest; 
    3. Approve or reject the case plan/WTLP outlining the plan for transition to independent living or another planned permanent adult living arrangement. 
  4. Review the court order to determine if it includes findings of whether EFC is in the best interest of the young adult. 
  5. Document the court hearing in Georgia SHINES and upload the court orders to External Documentation within 72 hours of receipt. 
  6. Submit a report to the court within five days prior to any scheduled court hearing recommending a permanency plan for transition to independent living or another planned permanent living arrangement, which shall include: 
    1. A copy of the case plan/WTLP;  
    2. The name, address, and phone number of the young adult; 

    3. Date of entry to EFC; and 

      NOTE: The date the young adult is considered to have entered foster care shall be 60 days after the young adult signed the VPA-EFC. 

    4. Description of the placement and services being provided.  
  7. Attend the review hearing held no later than 12 months after the young adult is considered to have entered foster care to determine whether: 
    1. The services and supports provided by DFCS under the VPA-EFC are developmentally appropriate and, in the child’s best interests; 
    2. DFCS has made reasonable efforts to finalize the transition plan to another planned permanent living arrangement or independent living; and 
    3. The young adult is making progress toward achieving independence based on the tasks and outcomes identified in their case plan/WTLP. 
  8. Review the court order to determine the findings of the court and whether the court approved the case plan/WTLP. 
  9. Provide written or electronic notification to the young adult and to the court within five business days of discharge from EFC. 
  10. Upload the court orders from each hearing for the young adult to Georgia SHINES within 72 hours of receipt.

Implementation 

This County Letter is available on the Online Directives Information System (ODIS) at http://odis.dhs.ga.gov/. Regional and County Leadership shall provide opportunities for staff to review and discuss the updated policy to ensure implementation.

Please refer to policy 1.3 Administration Access, Distribution and Review of Child Welfare Policies for the applicable requirements and procedures for policy review. 

Please direct questions regarding this policy release to the Field Program Specialist in your region. Regional staff shall submit questions to the Policy and Regulations Unit at .PPPDUnit@dhs.ga.gov



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