Extension of Foster Care Juvenile Probation Department (JPD)

FC youths under the supervision of JPD are eligible to remain in the FC program after age 18 years old and under the maximum age of 21 years of age. These youths can choose to remain under the jurisdiction of the court supervision of the county. These FC youths must also reside in licensed or approved FC placements to receive AFDC-FC payments.

The EFC Program for JPD NMDs is effective January 1, 2012, and follows the same rules and documentation for NMDs under DFCS EFC Program except as noted below.

Types of Jurisdiction For JPD Wards (youths) To Allow For Participation In EFC

Foster Care youths under the supervision of JPD may be eligible to continue in the EFC program in one of the three jurisdictional statuses: Transition Jurisdiction, Dependency Jurisdiction (new or renewed) or continued Delinquency Jurisdiction. Per W&I section 607.2(a) JPD youths (or wards) meeting the following criteria are eligible for one of the three jurisdictional statuses for the purpose of participating in the EFC program.

For Minor Wards Who:

Are older than 17 years, five months, but not yet 18 years old, and
Were subject to an order for FC placement as a JPD ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed by the DFCS.
Were subject to an order for FC placement as dependents of the court at the time the court made them a ward of the court under the supervision of JPD.
Were subject to an order for FC placement as a ward that had not been under court jurisdiction as a result of a petition filed by DFCS.

For Non-Minor Wards who are:

Age 18 and older and
Were subject to an order for FC placement as a ward on the day of attaining 18 years of age.

Termination of the court’s Delinquency Jurisdiction would normally happen after wards complete their formal probation. For eligible wards the court may continue juvenile court jurisdiction for the purposes of participation in EFC. In addition to the meeting the above criteria, the NMD must also meet one of the five participation criteria.

Eligible for Transition Jurisdiction W&I Section 450

Transition Jurisdiction is a new status that allows older probation wards who have met the rehabilitative goals set for in their case plan and who meet the criteria to remain in foster care. Transition Jurisdiction is for wards that are older than 17 years, five months.

At the hearing in which termination of jurisdiction over the ward is considered, the court may modify its order for jurisdiction and assume Transition Jurisdiction over the ward if all the following criteria is met.

The difference in eligibility for Transition Jurisdiction between minor and non-minors are explained in the following paragraphs.

Minors/Transitional Dependents

Transitional Dependents are JPD minors no longer subject to the terms of their probation. These are wards who are 17 years, five months and younger than 18 years. These youths must have been in foster care placement and were removed from the physical custody of his/her parent(s) or legal guardian and was either:

Ruled by a judge as a ward under JPD’s supervision and ordered FC placement or
Removed from parent(s) as a dependent of the court with an order for FC placement as a dependent in effect at the time the court ordered him or her to be a ward of the juvenile court under the following conditions:
- Youth was a JPD ward and ordered to FC placement.
- Youth was removed from the parent(s) as a dependent of the court with an order for FC placement as a dependent in effect at the time the court ordered him/her to be a ward under JPD under the following conditions:
  - Rehabilitative goals of the case plan have been met and jurisdiction over the youth as a ward is no longer required.
  - Reunification services have been terminated.
  - A hearing has not been set for termination of parental rights or the establishment of a guardianship.
  - The return of the minor to the parents or legal guardians would create a substantial risk of detriment to the minor’s safety, protection, or physical or emotional well-being and
  - The minor has expressed intent to sign a SOC 162 with JPD and agrees to meet on of the five federal participation requirements.

Non-Minors

JPD wards are subject to the same EFC requirements as with youths under the supervision of DFCS. JPD youths must have been under the supervision of JPD on their 18th birthday and has not attained the age of 19 before January 1, 2012. Upon attaining the age of 18 years old, Transition Dependents are referred to as NMDs and are no longer subject to the terms of the probation.

JPD youths removed from the physical custody of his/her parent(s) or guardians and was either:

Under the supervision of JPD and ordered in FC placement or
A dependent of the court with an order for FC placement as a dependent in effect at the time the court ordered him/her to be a ward of JPD.
Rehabilitative goals of the case plan were met and jurisdiction over the youth as a ward is no longer required.
The JPD ward has signed the SOC 162 or the SOC 163 with JPD and agrees to meet one of the five federal participation requirements.

Eligibility for Dependency Jurisdiction (New or Resumed)

AB 12 provides an alternative path for JPD youths that cannot be returned home safely to have delinquency status modified to dependency status under DFCS. JPD youths with dependency status are those who:

Met their rehabilitative goals.
Are younger than age 18 and not eligible for Transition Jurisdiction.
The youth comes with the description of DFCS dependency and cannot be returned home safely.

During a hearing to terminate jurisdiction over the ward who meets the above criteria, the court may either:

For Minor Ward Who Were Never Dependents:

Order the JPD or the ward’s attorney to submit an application to DFCS to modify jurisdiction from delinquency to dependency if the ward meets all of the following criteria in addition to the above criteria:

Was not previously subject to the jurisdiction of the court under a petition filed by DFCS.
Is not 17 years, five months and does not qualify as a Transition Dependent.

For Minor Wards Who Were Prior Dependents:

JPD must vacate the previous order terminating dependency jurisdiction over the minor and resume jurisdiction based on a prior DFCS petition if the minor was subject to FC placement order and a dependent at the time of becoming a JPD ward. Delinquency jurisdiction would be terminated.

Maintaining Delinquency Jurisdiction As A JPD Ward:

A ward can also participate in the EFC Program while remaining under Delinquency Jurisdiction on or after their 18th birthday, provided that:

They are on an order for FC placement that occurred no later than their 18th birthday and are not yet 19 years old as of January 1, 2012.
They are participating in/or there is an agreement to satisfy one of the five EFC Program participation criteria which must be documented in the TILP.

NMDs who continue under Delinquency Jurisdiction or JPD supervision are subject to the terms and conditions of probation are not voluntarily remaining in FC. For these youths the SOC 162 is not required. Additionally, the SOC 161 must be completed by the PO and sent to eligibility to authorized AFDC-FC payments. Changes in the eligibility participation status must also be reported to FCE.

Other NMDs wards that have met their rehabilitative goals can choose to voluntarily participate in the EFC Program under JPD. If they elect to participate they must sign the SOC 162.

Note: If the ward declines to become a NMD that does not restrict the authority of the court to retain delinquency jurisdiction.

JPD Wards Exiting The EFC Program

The NMDs wards (unless still under delinquency jurisdiction) may exit the EFC Program at any time (prior to reaching the age limit) through the termination of dependency, or transitional jurisdiction. Termination of delinquency jurisdiction is possible only when the NMD completes their rehabilitative goals. Termination of jurisdiction falls under three different categories which are:

Dependency Jurisdiction (DFCS),
Transitional Jurisdiction (JPD), and
Delinquency Jurisdiction (JPD).

A new mechanism was developed to all NMDs or FC youths who exits care at or after age 18 to be eligible for re-entry to the EFC Program prior to reaching the maximum age for EFC. Beginning January 1, 2012, when terminating jurisdiction over a NMD or a FC youth who has reached 18 and does not elect to remain in the EFC Program, the Juvenile Court now retains General Jurisdiction over the NMD to 21 years old. This will allow the young adult to re-enter the EFC Program at a later date while still under the maximum age for EFC.

JPD youths wishing to re-enter EFC must meet the same requirements as NMs supervised by DFCS. Court dependency is reestablished by JPD. JPD must prepare a new Case Plan and submit the Plan to the court within 60 days of the resumption of dependency.

Youths in Juvenile Hall

A JPD youth who is under an order for foster care placement but in juvenile hall on his/her 18th birthday is eligible for EFC, but not eligible for federal foster care. The CDSS is pursuing the matter with federal government, and this requirement may change.