Extended Foster Care in Illinois

General Eligibility

Any time prior to a minor's 21st birthday, pursuant to a supplemental petition filed under this Section, the court may reinstate wardship and open a previously closed case when:(a) wardship and guardianship under this Act was vacated upon: (i) determination that the youth was over the age 18, (ii) determination that the youth was partially or completely emancipated, or (iii) automatic termination upon the youth attaining the age of 19 years; (b) the minor is not presently a ward of the court under Article II of this Act nor is there a petition for adjudication of wardship pending on behalf of the minor; and (c) it is in the minor's best interest that wardship be reinstated. 705 Ill. Comp. Stat. Ann. 405/2-33.

A minor between the ages of 18 and 21 may be placed if the court has granted a supplemental petition to reinstate wardship of the minor pursuant to subsection (2) of Section 2-33. 705 Ill. Comp. Stat. Ann. 405/2-23.

The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to the above, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. 20 Ill. Comp. Stat. § 505/5(n-1).

Department shall provide services “aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship . . . whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21.” 20 Ill. Comp. Stat. 505/5(n-1).

Case Management Requirements

Whenever a minor is committed to the Department of Children and Family Services for care and services following the reinstatement of wardship, the Department shall: (a) Within 30 days of such commitment, prepare and file with the court a case plan which complies with the federal Adoption Assistance and Child Welfare Act of 1980 and is consistent with the health, safety and best interests of the minor; and (b) Promptly refer the minor for such services as are necessary and consistent with the minor's health, safety and best interests. 705 Ill. Comp. Stat. 405/2-33(5).

Eligibility & Procedure

Court may reinstate wardship over a youth at any time prior to his/her 21st birthday when: (a) wardship and guardianship was vacated by the court upon (i) determination that the youth was over the age 18, (ii) determination that the youth was partially or completely emancipated, or (iii) automatic termination upon the youth attaining the age of 19 years; (b) the minor is not under the court’s wardship as a delinquent, nor is petition for adjudication of wardship pending; and (c) it is in the minor's best interest that wardship be reinstated. 705 Ill. Comp. Stat. 405/2-33(2).

However, the Department shall provide services until age 21 even if youth is not eligible for re-entry. 705 Ill. Comp. Stat. 405/5(n-1)

Court Oversight of Extended Care

Court jurisdiction over dependent youth automatically terminates at age 19, “except that a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence presented to the court and the court makes written factual findings that the health, safety, and best interest of the minor and the public require the continuation of the wardship.” 705 Ill. Comp. Stat. 405/2-31(1).

Right to Counsel

A minor who is the subject of a petition to reinstate wardship shall be provided with representation. 705 Ill. Comp. Stat 405/2-33(4).

Termination of Extended Care

The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. 20 Ill. Comp. Stat. § 505/5(n-1).

The Department shall seek to end its legal relationship with children when a child between 18 and 20 years of age (A) achieves self-sufficiency as specified in the written service plan; or (B) refuses to accept or fulfill his responsibilities as specified in the written service plan; or (C) fails to maintain satisfactory progress in a training/educational program as specified in the written service plan; or (D) will be transferred upon reaching age 21 to another agency's treatment program due to severe mental, emotional or physical disability requiring intense residential care. Ill. Admin. Code tit. 89, § 306.3.

Eligibility for Extended Adoption Assistance

For an adoption finalized on or after July 1, 2017 for a child who was 16 years of age or older, the payment terminates at age 21. Between the ages of 18 and 21, the payments may stop and start based on the child’s compliance with, and the adoptive parent’s confirmation of the requirements listed below (failure of the adoptive parent to provide annual written confirmation will cause the subsidy payment to stop): A) the child is completing secondary education or a program leading to an equivalent credential; B) the child is enrolled in an institution which provides post-secondary education or a vocational program; C) the child is participating in a training program or activity designed to promote, or remove barriers to employment; D) the child is employed at least 80 hours per month; or E) the child is incapable of doing any of the above due to a medical condition. If the child later meets one of the requirements listed (A-E) above, the payment may be restarted following notification of the Department. Ill. Dep’t of Children & Fam. Servs., Policy Guide 2018.02 § 302.310(III)(h)(8) (Jan. 29, 2018).

Eligibility for Extended Guardianship Assistance

For a guardianship awarded on or after July 1, 2017 for a child who was 16 years of age or older, the subsidy terminates at age 21. Between the ages of 18 and 21, the subsidy may stop and start based on the child’s compliance with, and the guardian's confirmation of the requirements listed below (failure of the guardian to provide annual written confirmation will cause the subsidy payment to stop): A) the child is completing secondary education or a program leading to an equivalent credential; B) the child is enrolled in an institution which provides post-secondary education or a vocational program; C) the child is participating in a training program or activity designed to promote, or remove barriers to employment; D) the child is employed at least 80 hours per month; or E) the child is incapable of doing any of the above due to a medical condition. If the child later meets one of the requirements listed (A-E) above, the payment may be restarted following notification of the Department. Ill. Dep’t of Children & Fam. Servs., Policy Guide 2018.02 § 302.410 (IV)(i)(8) (Jan. 29, 2018).