Extended Foster Care in Utah

General Eligibility

Youth remain in care and under court jurisdiction until age 21 unless they opt out. Utah Code § 78A-6-117(2)(c)(iii)(A).

Eligibility & Procedure

A minor removed from custody may, within 90 days of the date of removal, petition the court to re-enter custody of the Division of Child and Family Services. Utah Code Ann. § 78A-6-117(2)(c)(iii)(F).

“[T]he court shall order the Division of Child and Family Services to take custody of the minor based on the findings the court entered when the court originally vested custody in the Division of Child and Family Services.” § 78A-6-117(2)(c)(iii)(G).

Court Oversight of Extended Care

Court oversees removal of minor from custody upon petition from the minor for removal from the jurisdiction of the court and custody of the Division of Child and Family Services. Utah Code § 78A-6-117(2)(c)(iii)(A).

Court oversees re-entry of youth into custody if youth petitions within 90 days of date of removal. § 78A-6-117(2)(c)(iii)(F).

Procedure for Continuing Court Oversight

The court shall remove the minor from the custody of the Division of Child and Family Services, if “the court finds, based on input from the Division of Child and Family Services, the minor's guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others.” § 78A-6-117(2)(c)(iii)(E).

“[T]he court shall order the Division of Child and Family Services to take custody of the minor based on the findings the court entered when the court originally vested custody in the Division of Child and Family Services.” § 78A-6-117(2)(c)(iii)(G).

Termination of Extended Care

A minor, who is between 18 and 21 years old, may petition the court to be removed from the jurisdiction of the juvenile court and from the custody of the Division of Child and Family Services if the minor is in the division's custody on grounds of abuse, neglect, or dependency. Utah Code § 78A-6-117(2)(c)(iii)(A).

Minor’s parents must consent and sign the petition if parental rights have not been terminated. § 78A-6-117(2)(c)(ii)(B), (C).

The court shall remove the minor from the custody of the Division of Child and Family Services, if “the court finds, based on input from the Division of Child and Family Services, the minor's guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others.” § 78A-6-117(2)(c)(iii)(E).

Eligibility for Extended Adoption Assistance

Adoption assistance may extend between ages 18 and 21 if the youth has a mental or physical disability. Utah Code § 62A-4a-906(2)(b).

Pursuant to Division regulation, assistance may be extended until a child reaches age 21 when the regional adoption assistance committee has determined that the child has a mental or physical disability that warrants continuing assistance. Utah Admin Code r. 512-43-3(10).

Eligibility for Extended Guardianship Assistance

Guardianship assistance payments end at age 18. Utah Admin. Code r. R512-308-13(1).