Extended Foster Care in Nevada

General Eligibility

The court shall retain jurisdiction over a child in out-of-home placement until age 21, if child so requests, unless the agency, child, and the child’s attorney agree to terminate jurisdiction or the child requests termination; or the court determines the child has achieved or is not working toward the goals in his independent living plan, or the goals or no longer feasible. Nev. Rev. Stat. § 432B594(1), (2).

A child over 18 is no longer in the agency’s custody but is entitled to “continue to receive services and monetary payments from the agency which provides child welfare services directly or to have such payments provided to another person or entity as designated in the [independent living plan] in an amount not to exceed the rate of payment for foster care.” Nev. Rev. Stat. § 432B594(4); see also Nev. Rev. Stat. § 432B.593(4) (“[S]uch a child is entitled to the same rights and protections . . . as provided to any other child.”).

Voluntary Care Agreement Requirement

The youth and the agency shall enter into a written agreement, the Independent Living Transitional Plan and Post-18 Services Agreement, which must be filed with the court. Nev. Rev. Stat. § 432B.594(4).

Contents of Voluntary Care Agreement

The agreement must specify that: (a) The child voluntarily requested that the court retain jurisdiction over the child; (b) While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency . . . and to receive monetary payments directly or to have such payments provided to another entity . . . (c) While under the jurisdiction of the court, the child will no longer be under the legal custody of the agency which provides child welfare services, and the proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate; (d) The child may, at any time, request that jurisdiction over the child be terminated; and (e) If there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.” Nev. Rev. Stat. § 432B.594(4).

Direct Payment to Youth

While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency . . . and to receive monetary payments directly or to have such payments provided to another entity. Nev. Rev. Stat. § 432B.594(4).

Nevada law does not allow for re-entry.

Court Oversight of Extended Care

The court shall retain jurisdiction over a child in out-of-home placement until age 21, if child so requests, unless the agency, child, and the child’s attorney agree to terminate jurisdiction or the child requests termination; or the court determines the child has achieved or is not working toward the goals in his independent living plan, or the goals or no longer feasible. Nev. Rev. Stat. § 432B594(1), (2).

If there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue. § 432B.594(4).

Procedure for Continuing Court Oversight

Youth and agency enter into the Independent Living Transitional Plan and Post-18 Services Agreement filed with the court, which retains jurisdiction over the youth. Nev. Rev. Stat. § 432B.594(4).

Termination of Extended Care

The child may, at any time, request that jurisdiction over the child be terminated. Nev. Rev. Stat. § 432B.594(4).

Eligibility for Extended Adoption Assistance

Adoption assistance ends at age 18. Nev. Rev. Stat. § 127.186(6).

Eligibility for Extended Guardianship Assistance

Guardianship assistance ends at age 18. Nev. Div. of Child and Family Servs, Statewide Policy Manual, Policy No. 1010.5.7 (May 20, 2016), (relating to Kinship Guardianship Assistance); see also Nev. Rev. Stat. § 432B.622 (authorizing Department to establish and administer Kinship Guardianship Assistance Program).