Extended Foster Care in Maryland

General Eligibility

A child age 18 – 21 in out-of-home placement may remain in out-of-home placement so long as the child is:(1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution that provides post-secondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least 80 hours per month; or (5) Incapable of doing any of the activities (1) - (4) due to a medical condition. Md. Code Regs. 07.02.11.04(B).

These youth are entitled to the same service and case plan requirements as other foster youth. Reg. 07.02.11.06(10). However, to remain in placement for more than 180 days, the juvenile court must determine that continuation of the voluntary placement agreement is in the youth’s best interest. Reg. 07.02.11.06(7).

The local department shall terminate services if the youth (a) fails to comply with the service agreement or the voluntary placement agreement; (b) turns 21; (c) marries; (d) enters military duty; (e) dies; or (f) voluntarily terminates the voluntary placement agreement. Reg. 07.02.11.06(9).

Voluntary Care Agreement Requirement

The juvenile court must determine that continuation of the voluntary placement agreement is in the youth’s best interest. Md. Code Regs. 07.02.11.06(7).

Case Management Requirements

Eligible youth in out-of-home placement receive extended care automatically for 180 days after the youth turns 18. However, to remain in placement for more than 180 days, the juvenile court must determine that continuation of the voluntary placement agreement is in the youth’s best interest. Md. Code Regs. 07.02.11.06(7).

Youth are entitled to the same service and case plan requirements as other foster youth. Reg. 07.02.11.06(10).

Eligibility & Procedure

Former Maryland foster youth are eligible for extended care if the youth’s commitment to the local department was rescinded after the age of 18; the youth was not discharged due to adoption, reunification, guardianship, marriage, or military duty; and the youth enters into an Enhanced After Care Voluntary Placement Agreement. Md. Code Regs. 07.02.11.06(D)(3).

Youth must meet one of criteria (1) – (5) above within 30 days of entering into agreement. Reg. 07.02.11.06(D)(4).

Youth must apply for re-entry prior to the age of 20 years and 6 months. Reg. 07.02.11.06(D)(5).

Court has jurisdiction over a former child in need of assistance (i) whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and (ii) who did not exit foster care due to reunification, adoption, guardianship, marriage, or military duty. Md. Code, Cts. & Jud. Proc. § 3-804(a)(2).

Court Oversight of Extended Care

Court retains jurisdiction until the child reaches the age of 21 years, unless the court terminates the case. Md. Code, Cts. & Jud. Proc. § 3-804(b).

Court has jurisdiction over a former child in need of assistance (i) whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and (ii) who did not exit foster care due to reunification, adoption, guardianship, marriage, or military duty. Md. Code, Cts. & Jud. Proc. § 3-804(a)(2).

Termination of Extended Care

The local department shall terminate services if the youth (a) fails to comply with the service agreement or the voluntary placement agreement; (b) turns 21; (c) marries; (d) enters military duty; (e) dies; or (f) voluntarily terminates the voluntary placement agreement. Md. Code Regs. 07.02.11.06(9).

Eligibility for Extended Adoption Assistance

Adoption payments may continue from ages 18 – 21 if the youth (a) has a mental or physical disability that warrants the continuation of assistance; or (b) was 16 years old or older when the adoption assistance payments began and meets the five criteria for extended foster care. Md. Code Regs. 07.02.12.05(M)(1) (relating to adoption assistance); see also Md. Code, Fam. Law §§ 5-410(c), 5-412 (authorizing the Director of the Administration to adopt regulations that address how long an adoption subsidy shall continue).

Eligibility for Extended Guardianship Assistance

Guardianship assistance payments may continue from ages 18 – 21 if the youth (a) has a mental or physical disability that warrants the continuation of assistance; or (b) was 16 years old or older when the adoption assistance payments began and meets criteria (1) – (5) above for extended foster care. Md. Code Regs. 07.02.29.11(E).