Extended Foster Care in Idaho

Eligibility

General Eligibility

Idaho authorizes “continued care,” defined as “[t]he ongoing placement of an individual in a foster home, children's residential care facility, children’s therapeutic outdoor program, or transitional living placement who reaches the age of eighteen (18) years but is less than twenty-one (21) years of age.” Idaho Code § 39-1202(9).

To remain in care (1) the youth must sign a voluntary agreement or a court order must authorize continued placement; and there must be (2) an assessment assuring the youth does not jeopardize the health, safety, and wellbeing of other children in the organization’s care; (3) a plan prohibiting the youth in continued care from sharing sleeping quarters with a “child”—defined as an individual under age 18 who is not enrolled in an institution of higher education; (4) documentation verifying the youth was in the care of the organization prior to age 18; and (5) documentation verifying the youth needs continued care in order to complete “treatment, education, or other similar needs.” Idaho Admin. Code 16.06.02.531.

Youth who are in a licensed care program prior to turning 18, who were not placed by the Department of Health and Welfare or the Department of Juvenile Corrections, may remain in the program for up to 90 days after their 18th birthday, or until the close of the current school year if attending school. Idaho Admin. Code 16.06.02.530.02.

Youth who are receiving services “by, through, or with the authorization” of the Department of Health and Welfare or the Department of Juvenile Corrections prior to turning 18 may remain in continued care. Idaho Admin. Code 16.06.02.530.01.

Eligibility for Justice-Involved Youth

Extension Process

Voluntary Care Agreement Requirement

To remain in care, the youth must sign a a “Mutual Agreement for Youth Turning 18 Years of Age,” when the youth turns 18 and can legally sign the agreement, or a court order must authorize continued placement Idaho Admin. Code 16.06.02.531; Idaho Dep’t of Health & Welfare, Standard for Working with Older Youth 14 (Mar. 30, 2017).

Case Management Requirements

There must be an assessment assuring the youth does not jeopardize the health, safety, and wellbeing of other children in the organization’s care, a plan prohibiting the youth in continued care from sharing sleeping quarters with a “child”—defined as an individual under age 18 who is not enrolled in an institution of higher education, documentation verifying the youth was in the care of the organization prior to age 18, documentation verifying the youth needs continued care in order to complete “treatment, education, or other similar needs.” Idaho Admin. Code 16.06.02.531.

Re-Entry

Idaho law does not allow for re-entry.

Courts & Rights

Court Oversight of Extended Care

Idaho courts do not supervise extended care: "Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto." Idaho Code § 16-1604(1).