Youth Transitioning from Foster Care
About the Project
In 2002 the American Bar Association House of Delegates urged 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 we also urged state and territorial legislatures to permit the extension of jurisdiction of dependency courts over youth transitioning from foster care until age 21, when appropriate, to ensure that youth have access to the court, and to legal and social services through the court. We further encouraged states to fully implement the provisions of the federal Foster Care Independence Act, including implementation of the Medicaid expansion option, and the ABA pledged to work to ensure that youth transitioning out of foster care have access to competent counsel who can advocate for necessary services and safeguards.
Improving Outcomes for Older Youth
The ABA Youth At Risk Initiative staff is also examining ideas for new ABA policy related to youth aging out of foster care. Some of the ideas we're considering:
1. Expansion of Chafee Act into new areas (e.g., prevention of homelessness
of aged-out youth)
2. Expansion of other federal laws dealing with education, housing,
health care, and employment/job training
3. Encouraging laws that either mandate or clearly authorize child
welfare agencies to provide post-18 services, including foster care
through age 21 where needed, and which allow youth post-18 who exited
foster care to re-enter the system (opt back in)
4. Possibly supporting amending IV-E to allow post-19 federal reimbursement
5. Not allowing juvenile courts to close cases of youth at age 18
or later without a "discharge review hearing" with judicial
findings that certain required elements of a transition plan have
been put into place
6. Requiring an educational and vocational/job manager for all post-18
youth
7. Mandating agency requirements to help preserve every youth's Social
Security Act entitlements for use directly by youth (a federal law
remedy to the U.S. Supreme Court's Keffeler decision)
Resources
Clearinghouse Review Article on Implementation of the Foster Care Independence Act of 1999
- Enhancing Youth Access to Health Care (PDF Version)
