Extended Foster Care in Missouri

General Eligibility

If a youth under the age of twenty-one is released from the custody of the children's division and after such release it appears that it would be in such youth's best interest to have his or her custody returned to the children's division, the juvenile officer, the children's division or the youth may petition the court to return custody of such youth to the division until the youth is twenty-one years of age.

The petition shall be filed in the court that previously exercised authority over the youth under section 211.031, in the court in the county where the youth resides, or in the court of an adjacent county. In deciding if it is in the best interests of the youth to be returned to the custody of the children's division under this section, the court shall consider the following factors: (1) The circumstances of the youth; (2) Whether the children's division has services or programs in place that will benefit the youth and assist the youth in transitioning to self-sufficiency; and (3) Whether the youth has the commitment to fully cooperate with the children's division in developing and implementing a case plan. The court shall not return a youth to the custody of the children's division who has been committed to the custody of another agency; who is under a legal guardianship; or who has pled guilty to or been found guilty of a felony criminal offense. The youth shall cooperate with the case plan developed for the youth by the children's division in consultation with the youth. For purposes of this section, a “youth” is any person eighteen years of age or older and under twenty-one years of age who was in the custody of the children's division in foster care at any time in the two-year period preceding the youth's eighteenth birthday. Mo. Rev. Stat. § 211.036.

Justice-Involved Youth

Youth who pled guilty to or were found guilty of a felony criminal offense are ineligible for extended care. Mo. Rev. Stat. § 211.036; see also § 211.036(1) (disqualifying factors for re-entering youth).

Case Management Requirements

The youth shall cooperate with the case plan developed for the youth by the children's division in consultation with the youth. For purposes of this section, a “youth” is any person eighteen years of age or older and under twenty-one years of age who was in the custody of the children's division in foster care at any time in the two-year period preceding the youth's eighteenth birthday. Mo. Rev. Stat. § 211.036.

Eligibility & Procedure

Youth is eligible for re-entry if the youth was in children's division foster care at any time in 2-year period preceding the youth's eighteenth birthday and the youth meets the eligibility requirements for extended care. Youth in the custody of another agency, under a legal guardianship, or who have pled guilty to or been found guilty of a felony criminal offense are ineligible. Mo. Stat. § 211.036(1).

The youth, a juvenile officer, or the children's division must petition for youth to return to custody. Mo. Stat. § 211.036(1).

Court Oversight of Extended Care

Court may retain jurisdiction until age 21 of any child over whom jurisdiction was originally acquired pursuant to Section 211.031 (which includes youth who petition for re-entry, see § 211.031(7)). Mo. Stat. § 211.041.

Procedure for Continuing Court Oversight

Youth, the juvenile officer, or the children's division may petition for extended care and re-entry into extended care, which the court has jurisdiction over. Mo. Stat. § 211.041.

In deciding if it is in the best interests of the youth to be returned to the custody of the children's division under this section, the court shall consider the following factors: (1) The circumstances of the youth; (2) Whether the children's division has services or programs in place that will benefit the youth and assist the youth in transitioning to self-sufficiency; and (3) Whether the youth has the commitment to fully cooperate with the children's division in developing and implementing a case plan. Mo. Rev. Stat. § 211.036.

The court shall hold review hearings at least once every 6 months as long as the youth is in custody. Mo. Stat. § 211.036(6).

Right to Counsel

Youth may request appointment of a guardian ad litem. § 211.036(5).

Eligibility for Extended Adoption Assistance

The Children's Division may approve an adoption subsidy to continue until age 21 when the child “has an extraordinary documented physical, dental, or mental health need that requires care beyond the age of eighteen.” Mo. Code Regs. tit. 13, § 35-38.010(13).

Eligibility for Extended Guardianship Assistance

Guardianship subsidy ends at age 18 Mo. Code Regs. tit. 13, § 35-38.010(14).