Extended Foster Care in Florida

General Eligibility

A child—defined as an individual who has not reached age 21—living in licensed care on his or her 18th birthday and who has not achieved permanency is eligible to remain in licensed care under jurisdiction of the court until age 21 (age 22 if the child has a disability), if child is: (a) completing a secondary education program or a program leading to an equivalent credential; (b) enrolled full time in an institution which provides postsecondary or vocational education; (c) participating full time in a program or activity designed to promote or remove barriers to employment; (d) employed for at least 80 hours per month; or (e) unable to participate in activities (a)-(d) due to a physical intellectual, emotional, or psychiatric condition that limits participation. Fla. Stat. § 39.6251(1), (2), (5)(a).

Case Management Requirements

The permanency goal for all youth in extended care is “transition from licensed care to independent living.” Fla. Stat. § 39.6251(3).

While in extended care, youth must live in a supervised living environment that is approved by the department or lead agency, which may include a licensed foster home, licensed group home, college dormitory, shared housing, apartment, or another approved arrangement. § 39.6251(4)(a).

Before approving the placement, the department or community-based care lead agency must ensure that the young adult will be provided appropriate supervision, including 24-hour crisis intervention and support, and will be offered “at a minimum, life skills instruction, counseling, educational support, employment preparation and placement, and development of support networks . . . consistent with the goals set in the young adult’s case plan.” § 39.6251(4)(b).

Eligibility & Procedure

An eligible young adult may return to care by applying to the community-based care lead agency for readmission. The community-based care lead agency shall readmit the young adult if he or she continues to meet the eligibility requirements above. Fla. Stat. § 39.6251(6).

The youth must be: (a) completing a secondary education program or a program leading to an equivalent credential; (b) enrolled full time in an institution which provides postsecondary or vocational education; (c) participating full time in a program or activity designed to promote or remove barriers to employment; (d) employed for at least 80 hours per month; or (e) unable to participate in activities (a)-(d) due to a physical intellectual, emotional, or psychiatric condition that limits participation. § 39.6251(1), (2), (5)(a).

Court Oversight of Extended Care

Court retains jurisdiction over any child found to be dependent until age 21, unless relinquished by order, except if young adult chooses to leave care at or after age 18 or is ineligible for extended care. Fla. Stat. § 39.013(2).

Court jurisdiction shall ensure that the department and the lead agencies are providing services and coordinate with, and maintain oversight of, other agencies involved in implementing the young adult's case plan, individual education plan, and transition plan. The court shall review the status of the young adult at least every 6 months and hold a permanency review hearing at least annually. § 39.6251(8).

Youth may also petition court at any time before 19th birthday to retain jurisdiction until 19th birthday “for the purpose of determining whether appropriate services that were required to be provided to the young adult before reaching 18 years of age have been provided.” § 39.013(2).

Procedure for Continuing Court Oversight

The court shall review the status of the young adult at least every 6 months and hold a permanency review hearing at least annually. Fla. Stat. § 39.6251(8).

Court may appoint or continue appointment of a guardian ad litem with youth’s consent. Id.

Right to Counsel

Court may appoint or continue appointment of guardian ad litem with youth's consent. Fla. Stat. § 39.6251(8).

Eligibility for Extended Adoption Assistance

Florida does not offer extended adoption assistance. See Fla. Admin. Code R. 65C-16.013(11).

Eligibility for Extended Guardianship Assistance

Florida does not offer extended guardianship assistance. See Fla. Admin. Code R. 65C-28.008(2)(g)(1) (relating to “Relative Caregiver Program Payments”); R. 65C-28.008(3)(d)(8) (relating to “Nonrelative Caregiver Financial Assistance”).