Extended Foster Care (AB 12)

Assembly Bill 12 (AB 12) which became law in 2010 created California’s Extended Foster Care (EFC) Program.  The EFC Program allows eligible youth in the child welfare and probation systems to remain in foster care until age 21.  Youth may leave extended foster care and later choose to re-enter the program up to age 21.  To remain eligible for EFC, youth must meet at least one of five participation criteria.  Additionally, AB 12 extended Kin Guardianship Assistance Payments (Kin-GAP) and Adoption Assistance Payments (AAP) up to age 21 for youth who meet certain eligibility requirements. 

Benefits

Extended Foster Care (EFC) allows youth ages 18 to 21 to continue to receive foster care services and assistance such as:

• Case management
• Financial (housing) support
  • For housing options available to EFC youth, please see our Transitional Housing Programs web page.
• Transitional support including Independent Living Program (ILP) services
  • For further information about the ILP, please see our Independent Living Program web page.

Eligibility Criteria

To be eligible for EFC, youth must be age 18-21 and have had an order for foster care placement on their 18th birthday.

They must also meet one of the following participation requirements:

1. Be enrolled in high school or equivalent program
2. Be enrolled in college/vocational school
3. Work at least 80 hours/month
4. Participate in a program/activity that helps them find a job or remove barriers to employment
5. Be unable to do one of the above because of a medical or mental health condition

Some youth are eligible for benefits until 21 even if their case was closed:

1. Re-Entry into Extended Foster Care (EFC)

Youth who exited foster care at or after age 18 but before turning 21 can re-enter the system through a Voluntary Re-Entry Agreement (VRA) if they meet one of the EFC participation requirements. They can re-enter at any time before their 21st birthday if they need support.

• The process is relatively simple and typically involves contacting their previous social worker, probation officer, or the local child welfare agency.
• Once re-entered, they regain access to the same benefits as before, including housing, financial assistance, case management, and healthcare.

2. THP-Plus (Transitional Housing Program)

Even if a youth’s foster care case is closed, they may qualify for THP-Plus, which provides housing and supportive services for former foster youth up to:

• Age 24 (in most counties)
• Age 25 (in counties that have extended the program)

THP-Plus helps with housing, job support, education, and life skills to support independent living.

Transitioning to Extended Foster Care

• The youth and their social worker are required to meet when the youth is age 17 1/2 to agree to stay in foster care or exit.
• The youth must sign the Mutual Agreement for Extended Foster Care (form SOC 162) after turning age 18 and no later than six months after reaching age 18.
• Court hearings continue to be held every six months; however, the youth’s status as an adult (Non-minor Dependent or NMD) is recognized.

Probation Youth

Youth under the jurisdiction of the delinquency court are eligible for extended foster care if they had a foster care placement order at age 18.

• Once they complete the terms of their probation, they enter “transition jurisdiction” and are considered non-minor dependents (NMDs).

Eligible incarcerated youth would be eligible for re-entry after they have been released.

Guardianship

Non-Related Legal Guardianship (NRLG) through a probate court

• Probate youth may continue to receive benefits up to age 19 if they are reasonably expected to finish high school prior to age 19 and sign an agreement.

CDSS Notifications Pertaining to Extended Foster Care

All County Letters (ACL)

• ACL11-61 Extended Foster Care (EFC)
  Provides information about the extension of AFDC-FC benefits for youth that remain in foster care beyond age 18

• ACL11-69 Extension of Foster Care Beyond Age 18: Part One
  Provides instructions on the policies and procedures of the EFC Program

• ACL11-77 Extension of Foster Care Beyond Age 18: Part Two Placement
  Provides instructions on the policies and procedures for the placement of Non-Minor Dependents (NMD) in the EFC Program

• ACL11-85 Part Three Extension of Foster Care Beyond Age 18: Part Three Probation
  Provides information on probation youth access to the EFC Program and includes a discussion of the new mechanism which allows for and defines how wards of the court can access the EFC Program

• ACL11-86 Extension of Kinship Guardianship Assistance Payment Program Benefits and Adoption Assistance Payments to Age 21
  Provides instructions on the extension of Kin-GAP Program benefits and AAP to age 21

• ACL11-15 New Kinship Guardianship Assistance Payment Program Requirements
  Describes the new Kin-GAP program requirements pursuant to AB12
  Errata

• ACL11-78 California Work Opportunity and Responsibility to Kids (CalWORKs): Extending Benefits to Non-Minor Dependents
  Describes the changes to the CalWORKs program pursuant to AB12 and explains how NMDs are eligible to receive CalWORKs benefits up to age 20
  Errata

• ACL12-05 Implementation of EFC Special Project Codes in the CWS/CMS System
  Provides instructions on the statewide Special Project Codes in CWS/CMS and the new and revised forms required for the implementation of EFC

• ACL12-12 Re-entry into Extended Foster Care
  Focuses on the requirements for re-entry of a former foster youth (probation, child welfare or tribally supervised) into AFDC-FC benefits after attaining 18 years of age

• ACL12-13 Relative and Nonrelative Extended Family Member Assessment/Approval; Revised and New SOC Forms for Nonminor Dependent Placement
  Provides information and instructions on the forms used for the assessment of a prospective or existing relative or nonrelative extended family member caregiver

• ACL12-44 Transitional Housing Placement-Plus-Foster Care and Changes to Transitional Housing Placement Program and Transitional Housing Program-Plus
  Provides information about the Transitional Housing Placement-Plus-Foster Care (THP+FC) program that is one of the new placement options for Non-Minor Dependents
• ACL 13-91 After 18 Program (AB 12 Extended Foster Care) and Indian Non-Minor Dependents Covered by the Indian Child Welfare Act
  Provides information on how the designation of “Indian child” per the Indian Child Welfare Act applies to NMDs, as well as information on participation, eligibility criteria, and placement options for tribal NMDs

• ACL 14-33 Nonminor Dependents (NMDs) Placed Out of State
  Provides instructions and procedures on Out-of-State placements for youth age 18 and older who are in extended foster care. Counties interested in seeing which states provide extended foster care can view the Additional States providing Extended Foster Care spreadsheet

• ACL 15-67 Additional Payment for Nonminor Dependent Parent in a Supervised Independent Living Placement All County Information Notices (ACIN)
  Provides information on an additional $200 monthly payment that is available to NMD parents residing in supervised independent living placements: the NMD parent is required to identify a responsible mentor and enter into a parenting support plan with the mentor

• ACL 17-93 Use of Infant Supplement Payment for Transitional Housing Placement Plus Foster Care (THP+FC) Programs
  Provides instruction on how the infant supplement can be utilized to meet the needs of parenting youth in THP+FC programs

• ACL 17-83 Supervised Independent Living Placement (SILP) – Residing with a Parent
  Explains that NMDs, who are determined to be ready to live in a SILP, can live with a parent if it is safe and appropriate

• ACL 18-15 Last Date of Payment for Extended Foster Care
  Explains that a foster care payment for a non-minor who turns 21 shall cease no later than the day before the non-minor’s 21
• ACL 18-101 Eligibility for Extended Foster Care for Married Youth and Youth Performing Non-Active Duty Military Service
  The ACL informs counties that otherwise eligible married youth are eligible to enter, re-enter and remain in extended foster care as non-minor dependents and receive foster care payments. It also clarifies that otherwise eligible non-minor dependents who are involved in the military reserves or national guard can participate in extended foster care, as long as they are not on active duty.

• ACL 18-113 Extended Foster Care for Otherwise Eligible Minors and Non-minors Whose Juvenile Court Adjudications are Vacated under Penal Code (PC) Section 236.14 as Victims of Human Trafficking
  Ensures that a ward or former ward who is eligible for foster care and extended foster care under transition jurisdiction remains eligible if the court vacates the youth’s underlying adjudication because they were a victim of human trafficking
• ACL 19-31 Re-entry of Eligible Nonminors to Extended Foster Care When Adoptive Parent(s) or Former legal Guardian(s) No Longer Provide Support
  Provides guidance regarding the policies and procedures for a young adult seeking re-entry into extended foster care as a Non-Minor Dependent because his or her adoptive parent(s) or legal guardian(s) are no longer providing support. It also provides guidance regarding Assembly Bill 2337, effective January 1, 2019, which allows youth who are receiving aid from the Social Security Administration, in lieu of Kinship Guardianship Assistance Payments (Kin-GAP) or Adoption Assistance Program (AAP) payments to re-enter Extended Foster Care under the same conditions as those receiving Kin-GAP or AAP payments.

• ACL 21-95 Updates to Supervised Independent Living (SIL) Settings, Placement Option Evaluations, and Transitional Housing Provider Payments
  Informs counties of the expansion of Supervised Independent Living (SIL) settings, which now include “transitional living settings.” Additionally, this ACL issues guidance on how county placement agencies shall conduct an evaluation of the county’s placement resources and programs in relation to the needs of youth and nonminor dependents placed in out-of-home care on a regular basis, and best practices for payment to a transitional housing provider during temporary absences.

All County Information Notice (ACIN)

• ACIN1-40-11 Program Information Regarding Assembly Bill 12 and the Extension of Foster Care to Age 20
  Provides an overall description of the major provisions of AB12

• ACIN1-78-11 Training Activities for the Extension of Foster Care Program
  Provides information on training activities for the EFC Program and provides a general description of the efforts underway to develop a statewide curriculum

• ACINI-29-13 Extended Foster Care Update
  Provides information to counties about the statutory changes to the Welfare and Institutions Code via passage of AB 1712, signed on September 30, 2012, and SB 1013, signed on June 27, 2012, concerning the EFC Program
• ACIN I-76-15 Extended Foster Care Update
  Discusses additional populations eligible to re-enter foster care as NMDs, pursuant to AB 787 and AB 2454; the ability of juvenile courts to make orders for probation NMDs; transition dependents; in-progress reunification plans for NMDs; voluntary out-of-home placements for NMDs; and NMD adoption
  Errata
• ACINI-42-17 Revised Extended Foster CareForms
  Introduces revised versions of the Supervised Independent Living Program forms, the Mutual Agreement for Extended Foster Care, Voluntary Re-Entry Agreement for Extended Foster Care, and the Transitional Independent Living Plan

• ACIN I-07-19 Judicial Council Information Sheet About Re-Entry of Former Probation Youth to Transition Jurisdiction
  Introduces an Information Sheet developed by the Judicial Council to assist juvenile courts when they encounter cases of former wards, who exited foster care with a finding that they had met the rehabilitative goals set forth in their case plan, who petition the court for re-entry to foster care between the ages of 18-21

County Fiscal Letters (CFL)

• CFL11/12-32 County Assistance (CA 800) Claim and County Expense Claim Preliminary Claiming and Time Study Instructions for the Implementation of EFC
  Provides preliminary instructions for the CEC and CA 800 related to EFC to assist counties in tracking expenditures and activities that are eligible for reimbursement under AB12
  Errata

• CFL10/11-61 Fiscal Year (FY) 2010-11 Federally-Funded Kinship Guardianship Assistance Payment Program Administration Allocation
  Informs counties of the FY 10-11 allocation for the federally funded Kin-GAP Program Administration as a result of the released Governor’s Budget

• CFL10/11-64 County Expense Claim Time Study and Claiming Instructions, and Assistance Claiming Instructions for the New Kinship Guardianship Assistance Payment Program
  Provides CEC time study and claiming instructions, and corrected assistance claiming instructions, for the new Kin-GAP program pursuant to AB12

Community Care Licensing Information Release

• No. 2011-06
  Pertains to non-minor dependents interim standards