School Enrollment and Attendance - 18 Year Olds not Eligibile for AB 12

[45-201.111 and 42-100]

Prior to age 18

A child meets the age requirement for Foster Care eligibility until his/her 18th birthday.

  • Prior to the child's 18th birthday, school enrollment and attendance is NOT a condition of eligibility for Foster Care.
  • Work registration is never a condition of eligibility for a Foster Care child.

Eligibility Up To Age 19

Effective January 1, 2012, when a Foster Care child reaches age 18, the youth is no longer eligible for Foster Care up to age 19. The youth must meet one of the five education and employment conditions under the EFC program. See EFC chapter.

The following conditions apply only to Kin-GAP youths not eligible for extended benefits and youths with NRLG’s established through Probate Court. These youths must meet ALL of the following conditions:

  • Was receiving Foster Care/Kin-GAP and attending high school or a vocational-technical training program on a full-time basis (as defined by the school) prior to reaching age 18.
  • Continues to meet all eligibility requirements.
  • Continues to reside in a an approved placement (i.e., no break in cash assistance).
  • Attends, on a full-time basis, either a high school; or, if the child has not completed high school, a vocational-technical training program which cannot result in a college degree. Full-time attendance must be defined and verified by the child’s school.
  • Is reasonably expected to complete either program before reaching age 19; AND,
  • The child and the placement agency have signed a “Mutual Agreement for 18-Year-Olds” (SOC 155B or KG 1) which documents the continued need for placement. The agreement shall be signed prior to or within the month the child reaches age 18.

Exception: A mutual agreement is NOT required if the placement is due to a court order which remains in effect or if the child is not capable of making an informed agreement.

Note: If a child does not meet the age/school requirements refer to Director’s Exception criteria.

When a caretaker relative chooses to receive CalWORKs for a dependent child, the child must meet the work/school requirements of the CalWORKs program.

Related Topics

Age Requirements