Extended Foster Care in Georgia

General Eligibility

The Juvenile Code includes in its definition of “child,” anyone “[b]etween 18 and 21 years of age and receiving extended care youth services from DFCS.” Ga. Code § 15-11-12(10)(C).

A child may receive extended care youth services from DFCS if he or she is between 18 and 21 years of age, signs a voluntary placement agreement with DFCS, and meets objective eligibility criteria established by DFCS, which shall include one or more of the following requirements: (1) Be completing secondary education or a program leading to an equivalent credential; (2) Be enrolled in an institution which provides postsecondary or vocational education; (3) Be a participant in a program or activity designed to promote or remove barriers to employment; (4) Be employed for at least 120 hours per month; (5) Be employed for 80 hours per month, provided that he or she is also engaged in one of the activities described in paragraphs (1) through (3) or can only work 80 hours per month due to a medical condition; or (6) Be incapable of doing any of the activities described in paragraphs (1) through (5) of this subsection due to a medical condition. Ga. Code § 15-11-340(a).

Voluntary Care Agreement Requirement

Youth must sign a voluntary placement agreement with DCFS. Ga. Code § 15-11-340(a).

Case Management Requirements

A DFCS case manager and staff, other representatives of such child and, as appropriate, such child shall develop a transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect. Such transition plan shall be completed within 30 days of the child agreeing to such services and shall be updated as required by this article. Ga. Code § 15-11-340(b).

Every 60 days, a DFCS case manager shall determine if a child is still eligible for extended care youth services. If DFCS determines that a child is no longer eligible for extended care youth services, DFCS may terminate the voluntary placement agreement with such child and stop providing extended care youth services. DFCS shall provide written or electronic notice to such child regarding such termination and to the court that approved such services. § 15-11-340(d).

Eligibility & Procedure

Youth may re-enter care if they are otherwise meet eligibility criteria by signing a voluntary placement agreement. Ga. Code § 15-11-340(a). A child who is within 12 months of becoming 21 years of age shall not be permitted to sign a voluntary placement agreement with DFCS for extended care youth services. Ga. Code § 15-11-340(e).

No later than 120 days after a voluntary placement agreement is signed by a child, DFCS shall file with the court a written report which shall contain the following: (1) The child's name, date of birth, race, gender, and current address; (2) Facts to support a finding that the child meets the eligibility criteria for extended care youth services and an explanation as to why it is in the child's best interests to receive extended care youth services; (3) A copy of the signed voluntary placement agreement; (4) A plan for such child to transition to independent living or another planned permanent adult living arrangement which is appropriate for the age and independence of the child using a form adopted by DFCS; (5) Any information the child wants the court to consider; and (6) Any other information DFCS wants the court to consider. Ga. Code § 15-11-341.

Within 30 days of the filing of the written report required by this Code section, the court shall hold a review hearing and make written findings of fact for the purpose of determining whether extended care youth services are in the best interests of such child. The court shall issue an order with regard to the child having extended care youth services if it has determined that such services are in the best interests of the child and, as appropriate, approve or reject the plan for transition to independent living or another planned permanent adult living arrangement submitted by DFCS. Id.

Court Oversight of Extended Care

The juvenile court retains jurisdiction over a child who is “receiving extended care youth services; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the case, determining that extended care youth services are in the best interests of such child, adopting a transition plan for such child, ensuring the provision of developmentally appropriate services and supports consistent with such plans, and determining whether reasonable efforts are being made to transition such child to independent living or another planned permanent adult living arrangement.” Ga. Code § 15-11-10(1)(F).

"[J]urisdiction shall be for the purpose of reviewing the status of the case, determining that extended care youth services are in the best interests of such child, adopting a transition plan for such child, ensuring the provision of developmentally appropriate services and supports consistent with such plans, and determining whether reasonable efforts are being made to transition such child to independent living or another planned permanent adult living arrangement.” Ga. Code § 15-11-10(1)(F).

Procedure for Continuing Court Oversight

When a child adjudicated as a dependent child reaches 18 years of age, all orders in connection with dependency proceedings affecting him or her then in force terminate and he or she shall be discharged from further obligation or control. § 15-11-214(c).

Within 30 days of the filing of the written report [that DFCS must file after a child files a voluntary placement agreement], the court shall hold a review hearing and make written findings of fact for the purpose of determining whether extended care youth services are in the best interests of such child. The court shall issue an order with regard to the child having extended care youth services if it has determined that such services are in the best interests of the child and, as appropriate, approve or reject the plan for transition to independent living or another planned permanent adult living arrangement submitted by DFCS. § 15-11-341(b).

No later than 12 months after a child is considered to have entered foster care—which is 60 days after the child signed the voluntary placement agreement—the court shall hold a hearing and make findings of fact for the purpose of determining whether: (A) The services and supports provided by DFCS under the child's voluntary placement agreement are developmentally appropriate; (B) DFCS has made reasonable efforts to finalize the child's plan for transition to independent living or another planned permanent adult living arrangement; and (C) The child is making progress toward achieving independence. The court shall issue an order adopting or rejecting any updated transition plan for 137 such child. § 15-11-342.

Termination of Extended Care

Within the 90 day period prior to a child no longer receiving extended care youth services from DFCS, a DFCS case manager and staff, and other representatives of such child and, as appropriate, such child shall develop a final transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect. Ga. Code § 15-11-342(e).

Eligibility for Extended Adoption Assistance

Adoption assistance may continue between ages 18 and 21 if the youth was in the permanent legal custody of DFCS at the time of placement on adoptive status and is enrolled in high school, college, or technical school on a full-time basis. Ga. Div. of Fam. & Children Servs., Youth Welfare Policy Manual, Policy No. 12.10 (Nov. 2016).

Eligibility for Extended Guardianship Assistance

Subsidized permanent guardianship may continue between ages 18 and 19 if the youth is still enrolled and participating in a public or private school system, registered home study program or accredited GED course. Ga. Div. of Family & Children Servs., Youth Welfare Policy Manual, Policy No. 10.8 (July 2017).