Extended Foster Care in Delaware

General Eligibility

Despite extended court jurisdiction, youth over age 18 are not in Department custody or under Department care. Custody and care terminate at age 18 by operation of law. 10 Del. C. § 929(c).

Eligibility & Procedure

Delaware law does not provide for-rentry. However, youth the court may re-establish oversight. A youth, the youth's attorney, or the youth's present or former representative, guardian ad litem, or Court Appointed Special Advocate may petition for extended jurisdiction over an eligible youth at any time after the youth attains age 18, up until age 20 ½. 10 Del. C. § 929(a).

Court Oversight of Extended Care

The court may supervise provision of aftercare services at the youth’s request. 10 Del. C. § 929.

Procedure for Continuing Court Oversight

A youth, the youth's attorney, or the youth's present or former representative, guardian ad litem, or Court Appointed Special Advocate may petition for extended jurisdiction over an eligible youth at any time after the youth attains age 18, up until age 20 ½. 10 Del. C. § 929(a).

Eligibility for Extended Adoption Assistance

Adoption assistance may continue between ages 18 and 21 if the youth has a mental or physical handicap which warrants continuance of assistance. Del. Dep’t of Servs. for Children, Youth & Their Families, Adoption Assistance Eligibility Determination Policy Manual 7 (2009).

Eligibility for Extended Guardianship Assistance

Delaware does not offer guardianship assistance for youth of any age.