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ABA Center for Children and the Law

The Bar-Youth Empowerment Project

ABA Policy and Publications on Youth Aging out of Foster Care

The ABA has shown a long standing commitment to child welfare issues and youth who are in foster care through its approval of ABA policy. The ABA Center on Children and the Law has also developed numerous materials and publications that address issues relating to federal and state law and policy change affecting youth aging out of foster care.

Relevant ABA Policy - August 2002

RESOLVED That the American Bar Association urges Congress and state and territorial legislatures to enact laws that provide youth in foster care full access, up to 21, to independent and transitional living services and health care, and Read more »

Relevant ABA Policy - August 2005

RESOLVED That the American Bar Association urges Congress, the States and territories to enact and/or adopt the following laws and policies, consistent with recommendations of the national bipartisan May 2004 Pew Commission on Children In Foster Care, for improving outcomes for abused and neglected children under dependency court jurisdiction: Read more »

Relevant ABA Policy - August 2007

RESOLVED That the American Bar Association encourages bar associations, judges, and attorneys to lead and promote efforts to create comprehensive support and services for youth who age out of foster care ("transitioning youth") and other former foster youth until at least age 21, and urges amendment of applicable law, and court and child welfare practices, to: Read more »

Other ABA Materials and Publications

The following link is to a Center paper that addresses the issue of post-18 juvenile court jurisdiction over youth in foster care. Traditionally, juvenile courts lost jurisdiction over cases when a young person reached their 18th birthday. However, many states have amended their laws to explicitly provide for continuing court jurisdiction over a youth age 18 and older if they remain in the child welfare system's care.

Additional Center on Children and the Law research on post-18 court involvement of transitioning youth is also included in the following Power Point presentation:

A 151-page 2004 publication specifically for lawyers and judges, entitled "Improving Outcomes for Older Youth," developed by Center on Children and the Law attorneys Kathleen McNaught and Lauren Onkeles, is available from the National Resource Center for Youth Development for free download (or, call 918/660-3700 to receive a bound copy for $15.00 plus shipping and handling).

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