State Child Welfare Policy Guide: Part of the Policy Matters Series

8.1 Foster care extended past age 18

Research suggests that allowing youth to remain in foster care voluntarily after age 18 is an important policy option, particularly since many youth do not graduate from high school until after their 18^th birthday.  Youth remaining in state custody for an additional year are more likely to advance their education, have stable housing, stay out of the juvenile justice system, receive independent living services, and have access to health and mental health services. [i]   Staying in care allows young people to access services and supports to an extent not offered after state custody ends.  In addition, continued court jurisdiction of their cases can help monitor and improve their progress toward a successful transition.

Over half the states allow at least some youth to stay in care past 18.  However, many states extend age limits only to 19 and set requirements for remaining in care that may be unrealistic for many foster youth.  For example, in several states (including Pennsylvania), foster youth may remain in care only if they are enrolled in an educational activity (such as finishing high school or attending a postsecondary institution), or (in Ohio) if they have a special need or disability.  Arizona, and DC allow youth to remain in care without any conditions.  In Illinois, a young person can remain in foster care until 21 if the state finds that the health, safety, and best interest of the youth and public require continuation.

In 2008, Congress authorized an option for states to provide federal support to Title IV-E eligible youth in foster care until the age of 19, 20 or 21.  In order to be eligible, youth must be completing high school or a GED program, be enrolled in post-secondary or vocational school, participate in an employment program, or be employed for at least 80 hours per month.  Youth who are incapable of doing any these activities due to a medical condition are also eligible, as are youth who are adopted or in guardianship.

Policy Options:   States can adopt one of the following policies to allow youth stay in foster care past age 21:

• Up to age 19, 20 or 21 for IV eligible foster and adoptive youth or youth in guardianship under the federal option:

• With state funding, support for non IV-E eligible youth

• With state funding, extend foster care assistance up to age 25 for all youth