[an error occurred while processing this directive] [an error occurred while processing this directive]

  DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

   [an error occurred while processing this directive]
[an error occurred while processing this directive]
   <<< Return to OPP Table of Contents [an error occurred while processing this directive]
Handbook 24: Extended Foster Care
24-6  Court Processes - Extended Foster Care

 

Extended Foster Care
24-6  Court Processes - Extended Foster Care
Reference Points
Overview
General Information Regarding Status Review Hearings for Non-minor Dependents
Noticing for Hearings for Non-minor Dependents
Child Advocates for Non-minor Dependents
Non-minor Dependent Review Hearings in Department 60
Court Hearing/Report before the Minor Turns 18 Years Old
Court Reports/Hearings for Non-minor Dependents in Extended Foster Care
Non-Minor Dependents and Reunification Services
Non-minor Dependents Appearances at Court Hearings
Opting out of Extended Foster Care
Terminating Jurisdiction over a Non-minor Dependent
Re-entry into Extended Foster Care


Reference Points
Effective Date: 1/1/12 
Last Updated: 6/24/13
 Legal Basis:
Popup Window Welfare and Institutions Code § 224.1[b]
Popup Window Welfare and Insitutions Code § 295
Popup Window Welfare and Institutions Code § 366.31
Popup Window Welfare and Institutions Code § 388(e)(3)
Popup Window Wefare and Institutions Code § 391
Popup Window California Department of Social Services (CDSS) All county Letter (ACL) 12-12: Re-entry into Extended Foster Care (EFC)
Popup Window All County Information Notice NO. 1-29-13
 Non CWS/CMS Forms:
PDF Attachment: Additional Findings and Orders for Child Approaching Majority - Dependency (JV460)
MS Word Findings and Orders after Non Minor Dependent Review Hearing (JV462)
MS Word Findings and Orders after Hearing to Consider Termination of Juvenile Court Jurisdiction over a Nonminor (JV367)
MS Word Request to Change Court Order (JV180)
MS Word Termination of Juvenile Court Jurisdiction -Non-minor (JV365)
PDF Sample Emancipation Letter
 CWS/CMS Forms:
bullet

Case Management Section:  NMD - 366.3 Report



Overview   Pursuant to Welfare and Institutions Code (W&IC) § 366.31, Status Review Court Hearings are held every six months for non-minors who participate in extended foster care.  The hearings focus on the goals and services described in the non-minor's Transitional Independent Living Plan (TILP), including efforts made to achieve permanent connections with caring and committed adults.  The hearings are conducted in a manner that respects the Non-minor dependent’s (NMD’s) status as a legal adult.  The social worker writes a social study report with recommendations contained in a judicial council form and submits it to the court.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
General Points Regarding Status Review Hearings for NMDs  
  • Status Review Hearings for NMDs are conducted every six months pursuant to W&IC § 366.31.
  • No notice is required for the parents, unless the NMD is still in reunification.
  • No representation by counsel is provided for the parents, unless the NMD is still in reunification.
  • Parents are not entitled to participate in the hearing unless invited by the NMD, or unless the NMD is still in reunification.
  • Hearings may be attended by appropriate additional participants invited by the NMD, including parents.
  • No W&IC § 366.26 Hearings are ordered for an NMD. 
    • Adult adoptions are an available permanency option.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Noticing for Hearings for NMDs  

Notice of court hearings for non-minor dependents (NMDs) are not required to be sent to parents of the NMD unless the NMD is still in reunification.  However, NMDs may invite appropriate participants to the hearing, including parents.

For Review Hearings and Hearings to Terminate jurisdiction notice must be sent to: (W&IC § 295)

  • The NMD
  • Sibling Dependents age 10 and over, and the caretaker and attorney of all dependent siblings
  • Parents/Guardians who are receiving Family Reunification Services
  • Caregiver of NMD.  That caregiver can also attend all hearings and submit written information to the Court
  • CASA

For NMDs who also meet the definition of an Indian Child (WIC 224.1[b]), their tribes must continue to receive notification of hearings, unless the NMD has elected not to have the provisions of the Indian Child Welfare Act (ICWA) continue to apply to their case after turning age 18.


    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Child Advocates for NMDs   Child advocates may be appointed for NMDs.  Child advocates can continue to serve after a dependent turns 18 with the consent of the youth.  The Child advocate does not have the right to inspect school, health, police, mental health, or agency records without the informed and written consent of the NMD.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
NMD Review Hearings in Department 60   All Review Hearings for non-minor dependents (NMDs) in Santa Clara County are held Wednesday mornings in Department 60. Attorneys from Legal Advocates for Children and Youth (LACY) continue to represent youth after they turn 18.    If an NMD has a minor sibling(s) in the juvenile dependency system, the minor sibling(s) are represented in a separate, regularly scheduled juvenile dependency hearing and are not part of the NMD case.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Court Hearing/Report before the Minor Turns 18 Years Old  

At the last review hearing before a dependent child turns 18, the Department of Family and Children's Services (DFCS) must submit a report outlining efforts to provide all of the required emancipation documents under W&IC § 391(e) as well as discussing whether the youth plans to remain in extended foster care after age 18.  The court report format follows the outline for a 366.3 Hearing. 

The social worker attaches the typical recommendations for such a hearing and also attaches Additional Findings and Orders for Child Approaching Majority - Dependency (JV460).

This Court Report should include documentation:

  • That the TILP includes a plan for the youth to satisfy one of the Extended Foster Care (EFC) participation criteria.
  • To remain in EFC after attaining age 18, at least one (1) of the following five (5) participation criteria must be met:  1. Completing high school or an equivalency program, 2. Enrolled in post secondary education or vocational school 3. Participating in a program or activity that promotes, or removes barriers to employment 4. Employed at least 80 hours per month; or 5. Is incapable of participating in any activity as described in 1-4 due to a documented medical condition. 
  • That the youth has been informed of his or her right to seek termination of dependency jurisdiction and understands the potential benefits of continued dependency, and that the youth was informed of his or her right to have dependency reinstated by filing a W&IC § 388 petition.
  • Of the youth’s plan to remain in foster care and meet one of the participation conditions for NMD status.
  • Of the social worker’s efforts and assistance provided to the youth so that the youth will be able to meet one of the extended foster care participation conditions.
  • Of the social worker’s efforts toward completing the requirements for providing documentation to the youth before dependency is dismissed.
    • The requirements for documentation are described in W&IC 391.
  • Of the youth’s current housing arrangements and plan.
  • Of the youth’s current education status and plan. 
  • Of the youth’s employment status.
  • The youth’s life and permanent connections.

Attach to the Court Report:

  • TILP
  • Recommendations
  • Attachment: Additional Findings and Orders for Child Approaching Majority - Dependency (JV460)

The following link  to a checklist may be useful in a Court report for the last hearing before a youth’s 18th birthday to ensure you have included all of the required documents and information:

http://calswec.berkeley.edu/legal-process-social-workers-online-module

 

 

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Court Reports/Hearings for NMDs in Extended Foster Care  

The court reports and case plans for NMDs as described in W&IC 366.31(b)-(e) must be completed for the review hearings held every six months after the non-minor turns 18.  A template for court reports for Non-minor Dependent (NMD) hearings is located in CWS/CMS under County local forms and is entitled “NMD - 366.31 Report.” 

 

To locate the NMD report:

Click on the pink Court resource management button.

Click on the +-Create New Hearing.

Enter scheduled Court hearing date and Court room in each field.

Click on minor tab and enter Hearing type, 366.3 Permanent Plan Review.

Click ID tab.

Click + Hearing Summary document.

On "Generate New Documents" click on County.

Scroll to the NMD 366.3 report and click "OK".

 

For each NMD review hearing, DFCS must submit a court report that documents:

  • Whether the young adult is satisfying one of the extended foster care (EFC) participation criteria, and the efforts by the social worker to assist the NMD so that the NMD can continue to meet one of the participation requirements and prepare for independence.
  • Evaluation of the NMD’s Medical, Developmental and Educational status.
    • Health and Education Passport (HEP)

      Under federal law, a caregiver is required to be provided with medical and education information regarding the child placed with the caregiver. California meets this requirement through the HEP.

      Agencies/case managers are required to provide the HEP to a caregiver when a NMD is first placed in the home, as all federal requirements that apply to a minor dependent applies to a NMD. The case manager must explain to the NMD the requirement and the benefits and liabilities of sharing this information with a caregiver. However, the HEP can only be included in a NMD’s court report with the NMD’s written consent [W&IC section 16010(b) & and (c)]. Any other stricter federal law regarding medical confidentiality for the NMD must be observed as well.

    • Child Health development Program (CHDP)

      The CHDP exam is a service offered to a foster child and as such, is required to be offered to a NMD. The examination is a state requirement; therefore, a NMD, as an adult, has the right to refuse an annual examThe case manager and caregiver, when appropriate, should explain to the NMD why the exam is important to help maintain good health.

  • The continuing necessity for and appropriateness of the placement.
  • The extent of the Department’s compliance with the case plan.
  • NMD progress towards Transitional Independent Living Plan Goals.
  • Sibling relationships and placement.
  • Efforts by the social worker to achieve permanent connections between the NMD and caring and committed adults.
  • Efforts by the social worker to provide documentation listed in W&I 391 to the NMD before dependency is dismissed.
  • A 90-day Transition Plan must be developed with the young adult within 90 days before the NMD leaves the EFC program.
    • The 90- day plan must be provided, even if the young adult makes an unplanned exit from the EFC program. 

The social worker attaches a JV-462 form to the report in place of a set of recommendations.  The appropriate boxes should be checked on the form, and the names of the parties and attorneys should be listed in section 1.  The likely date in item 22 will in most instances be the youth’s 21st birthday.  The case plan and TILP are also attached and any other documentation to support NMD’s compliance with requirements, such as school records and verification of employment.         

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
NMDs and Reunification Services  

Non-Minor Dependents and Reunification Services: 

If a dependent and a parent are participating in reunification services at the time the youth turns 18, the social worker may recommend that they continue to receive reunification services under 361.6 and 366.31(d) if all of the following are true:

  • The non-minor and the parent agree to continued reunification services.
  • Continuing reunifications services is in the best interests of the non-minor.
  • There is a substantial probability that the non-minor will be able to safely reside in the home of the parent by the next review hearing.
  • Giving more reunification will not exceed the normal FR time limits.

If all of the conditions above are not met, reunification services must be terminated and the youth ordered into a planned permanent living arrangement in extended foster care.  Termination of reunification services for a non-minor dependent can’t be used to bypass a parent in a future dependency with a different child. 

 

At a hearing continuing or terminating reunification services for a non-minor, the social worker prepares a non-minor dependent report which discusses all the issues above and attaches a set of recommendations as well as a completed JV-462 form.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
NMD Appearances at Court Hearings  

Non-minor dependents (NMDs) have the right to be present at all court hearings. To help ensure that NMDs can be involved in the court process, telephonic court appearances must be available at no cost to the non-minor.  (W&IC § 388(e)(3); Rule of Court 5.900(e).)  Appearances may be made via software applications that allow users to make voice and video calls over the Internet (such as Skype) or via telephone conferencing.  The court may require the non-minor to appear personally upon a showing of good cause if appearance would not create an undue hardship on him or her. 

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Opting out of EFC   If a youth chooses not to participate in extended foster care, the case must be dismissed.  The social worker must follow the procedures described below in the section “Terminating Jurisdiction over a Non-Minor Dependent.”
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Terminating Jurisdiction Over a Non-minor Dependent  

A termination hearing must be conducted by the court before jurisdiction over a non-minor dependent (NMD) is dismissed.  An Ex-Parte Application for Order to dismiss dependency for an NMD is not allowed.   The social worker must schedule a 90-Day Transition Plan meeting prior to termination of dependency and services.

A termination may be initiated in two ways:

  • Termination Hearing in between Review Hearings initiated by a JV-180

If the NMD requests to exit the extended foster care (EFC) program in between the regularly scheduled Review Hearings, the social worker:

  • Initiates a termination hearing by filing a Request to Change Court Order (JV-180). 
    • On the basis of the JV-180, the court schedules a WIC 391 termination hearing for receipt of the social worker's court report.
  • Once the hearing is set, prepares a report in CWS/CMS using the non-minor dependent review report template.

The report should discuss the following:

    1.   A detailed narrative explaining why remaining in extended care is not in the youth’s best

          interest.

    2.   The reason for the recommendation to terminate jurisdiction:

    • The youth chooses to opt-out
    •  The youth is exiting because of age
    •  The youth is now married or has joined the military
    •  The youth is no longer eligible due to:
      • Not meeting one of five participation requirements
      • Not residing in a licensed or approved placement
      • Leaving placement

    3.   A detailed narrative describing the efforts made to assist non-minor dependent with

          meeting eligibility criteria.

    4.   Whether or not the ICWA applies.

    5.   Whether or not the youth plans to have Indian heritage considered for the purposes of

          an on-going application of the ICWA as a non-minor dependent.

    6.   Whether or not the youth has applied for SSI and the status of any pending application.

    7.   Whether or not it is in the best interest of the youth to continue juvenile court

           jurisdiction to ensure that the youth receives continued assistance with the SSI

           application process.

    8.   Whether or not the youth has a pending application for Special Immigrant Juvenile

          Status (SIJS) (PRUCOL) or other application for legal residency.

    9.   Whether or not active dependency is required for the pending SIJS application.

    10.  The date that the social worker informed the youth of the benefits of remaining under

           juvenile court jurisdiction as a non-minor dependent and a statement regarding

           whether or not the youth appeared to understand the benefits.  

    11.  The date the social worker informed the youth of the right to have juvenile court

           jurisdiction terminated at age 18.

    12.  The date the social worker informed the youth of the right to request or re-enter foster

           as a non-minor dependent if juvenile court jurisdiction is terminated.

    13.  Whether or not the youth has received the following information regarding his or  her

           juvenile court case:

    • Any known information regarding the youth’s Indian heritage or tribal connections, if applicable
    •  His or her family history and placement history
    • Any photographs of the youth or his or her family in the possession of the county welfare department, other than forensic photographs
    • The whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of the sibling
    • Directions on how to access documents the youth is entitled to inspect under the Welfare and Institutions Codes (WIC) Section 827

    14.   Whether or not the non-minor dependent has been provided the following documents:

      •  Social security card
      •  Certified copy of birth certificate
      •  Health and Education summary, as described in WIC subdivision (a) of Section 16010
      •  Driver’s license or Identification card,
      •  Letter prepared by the county welfare department that includes the following information:
        •  the non-minor dependent's name and date of birth
        •  the dates during which the non-minor dependent was in the  jurisdiction of the juvenile court
        • a statement that the non-minor dependent was a foster youth in compliance with state and federal financial aid documentation requirement
      •  The death certificate of the parent(s), if applicable 
      •  Proof of the non-minor dependent's citizenship or legal residence, if  applicable
      •  An advance health care directive form
      •  The Judicial Council forms that the non-minor dependent would use to file a petition to resume dependency jurisdiction. (JV-464, JV-466, and JV-468)
      •  A copy of written 90-day transition plan
     
       
    • Attaches to the report:

       

       

       

       

      • Findings and Orders after Non-minor Dependent Review Hearing (JV-462) and
      • Findings and Orders after Hearing to Consider Termination of Juvenile Court Jurisdiction over a Non-minor (JV-367) and
      • Termination of Juvenile Court Jurisdiction-Non-minor (JV-365) initialed and signed by the youth and   
      • A copy of the Emancipation letter (See Sample Emancipation Letter) provided to the youth.
        • These documents are attached because the court may decide to hear the Termination Hearing directly after the 388 Petition Hearing and make termination orders at that time.
        •  
  • Termination Hearing Initiated by JV-462 at a Review Hearing

 

 

 

 

 

 

 

If the NMD requests to exit EFC near the date of a regularly scheduled review hearing, or the social worker determines that the NMD no longer meets the criteria for the extended foster care program, the social worker:

  • Prepares the Non-minor Dependent Review Report.
  • Attaches to the report all of the following:
    • Findings and Orders after Non Minor Dependent Review Hearing (JV462)
    • Finds and Orders after Hearing to Consider Termination of Juvenile Court Jurisdiction over a Non-minor (JV367)  
      • Both forms are attached because the court may decide to hear the Termination Hearing directly after the 388 Petition Hearing and make termination orders at that time.
    • Termination of Juvenile Court Jurisdiction-Non-minor (JV-365) initialed and signed by the youth, unless the youth can’t be located despite reasonable efforts.
    • A copy of the Emancipation letter provided to the youth.
     
  • For a Termination Hearing, the social worker:
    • Ensures the NMD is present, unless:
      • The NMD does not want to be present and elects a telephonic appearance or
      • DFCS documents reasonable efforts to locate the NMD, if the wherabouts of the NMD are unknown. 
    • Assesses whether it is in the NMD’s best interest to remain under the court’s jurisdiction.

     

  •  
  • The court continues dependency unless:
  •  
    • The youth does not wish to remain subject to dependency jurisdiction.
    • The youth is not participating in a reasonable and appropriate TILP.
    • The court finds after reasonable and documented efforts that the youth cannot be located. 
    • The youth is no longer eligible for non-minor dependent status due to age, living with a parent, getting married, joining the military, etc.

 

 

 

 

       


    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Re-entry into Extended Foster Care  

When a non-minor’s case is dismissed, the court retains general jurisdiction over the non-minor, and he or she may re-enter extended foster care by filing a JV-466 petition at any time until his or her 21st birthday.

When a hearing is set on a re-entry petition, the social worker prepares a report discussing whether the non-minor is eligible for re-entry, whether re-entry is in the non-minor’s best interests, and the non-minor’s plans to satisfy the participations criteria.  The social worker attaches a set of recommendations and a new TILP to the report. 

 

See OPP Chapter 24-7:  Re-entering the Extended Foster Care (EFC) Program
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Other References  
PDF Other Reference Text goes here...
    < Return to OPP Table of Contents | ^ Back to Top of Page

[an error occurred while processing this directive]
[an error occurred while processing this directive]