Extended Foster Care in Virginia

General Eligibility

Youth qualify for Fostering Futures, Virginia’s extended care program, if they (a) were in foster care in custody of a Virginia LDSS at the time they turned 18 years old but have not yet turned 21, including those who were in care under an entrustment and those who were in non-custodial foster care; or (b) were in Permanent Foster Care when they turned 18; or (c) were released from the Department of Juvenile Justice between ages 18 and 21 and were in foster care in custody of a Virginia child welfare agency immediately prior to the commitment to the justice system. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.3 (July 2016).

The youth must meet at least one of the following criteria, either by current participation or by evidence of intent and planning to engage in the activity in the immediate future: (a) Completing secondary education or a program leading to a GED; (b) Enrolled full-time or part-time (at least half-time) in an institution that provides post-secondary or vocational education; (c) Participating in a program or activity designed to promote employment or remove barriers to employment; (d) Employed at least 80 hours per month; or (e) Incapable of engaging in any of the above activities due to a medical condition. Id. § 14B.4.4.1

Justice-Involved Youth

Youth who were released from the Department of Juvenile Justice between ages 18 and 21 and were in foster care in custody of a Virginia child welfare agency immediately prior to the commitment to the justice system are eligible for extended care. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.3 (July 2016).

Voluntary Care Agreement Requirement

The youth also must sign a Voluntary Continuing Services and Support Agreement. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.4.2 (July 2016).

Contents of Voluntary Care Agreement

The Voluntary Continuing Services and Support Agreement documents: The youth’s agreement to voluntarily re-enter foster care through self entrustment; The requirement that the youth must continue to meet one of the five participation conditions; The youth’s agreement to participate in specific services and support to be provided (to be documented in a foster care plan and transition plan); The youth’s legal status as an adult; The youth’s agreement to report changes to the worker, be supervised by a child welfare agency, reside in a qualified setting, and comply with program requirements and eligibility conditions; The youth’s agreement to provide the agency with information and documents which verify compliance with participation conditions or other information which describes the youth’s condition, progress or status or otherwise provide consent for the agency to receive such information directly An explanation of the voluntary nature of program participation and termination The specific conditions that may result in termination by the agency; and The right to appeal program termination or denial or delay of a service required in the service plan. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.4.2 (July 2016).

Direct Payment to Youth

Yes. Fostering Futures maintenance payments may be made directly to the youth with responsibility to pay for rent, groceries and other basic expenses. The agency and the participant should decide jointly whether to make all or part of a maintenance payment directly to the youth or directly to a vendor such as the landlord. If the participant resides in the removal home, maintenance payments are not paid directly to the parents or guardians from whom the child was removed. If the participant resides in a foster home after reaching age 18, maintenance payments are made directly to the foster parent. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.5.2 (July 2016).

Eligibility & Procedure

Following termination (whether voluntarily by the youth or by the LDSS), a youth may re-enter Fostering Futures extended foster care if all eligibility conditions are met. There is no limit on the number of times a youth may re-enter the program between the ages of 18-21. There is no limit on time elapsed between exit and re-entry. A new Voluntary Continuing Services and Support Agreement shall be executed and a new transition plan developed each time a youth re-enters the program. In the event that it is necessary to have the Voluntary Continuing Services and Support Agreement approved by the court, a new foster care plan shall also be developed.

If six months or more have elapsed since the termination, the agency shall file a court petition for review of the new Voluntary Continuing Services and Support Agreement and new service plan. When a youth exits and returns, the agency should work closely with the youth to adjust strategies upon reentry to facilitate stability and progress toward goals. Factors that contributed to the previous exit should be identified with the youth and addressed to reduce the likelihood of future termination. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.8 (July 2016),

Court Oversight of Extended Care

After a Voluntary Continuing Services and Support Agreement is signed, the agency shall submit it, along with the foster care plan and Transition Plan to the court within 30 days. The court should schedule a hearing no later than 45 days from its receipt. The court will court will determine whether remaining in foster care is in the best interests of the youth and will approve, revise or deny the voluntary agreement. Once a voluntary care agreement is approved, the court may retain jurisdiction and conduct a review every six months or close the court case ending judicial jurisdiction over the current foster care episode. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.4.4 (July 2016).

Procedure for Continuing Court Oversight

Within 30 days of signing the voluntary care agreement the agency should file a petition for juvenile and domestic relations court review of the agreement. The court can be expected to schedule a hearing no later than 45 days from receipt of the petition. The court may appoint legal counsel for the youth, possibly the previous guardian ad litem. The youth may choose to waive counsel. The court may also, with the youth’s consent, appoint a Court Appointed Special Advocate (CASA), possibly the previously assigned CASA. The signed voluntary agreement, the foster care plan (Part A), and the Transition Plan shall be submitted to the court. Upon hearing the case, the court will determine whether remaining in foster care is in the best interests of the youth and will approve, revise or deny the voluntary agreement. If revisions are ordered, the agency should file a petition within 30 days for a judicial review of the revised voluntary care agreement and foster care plan. If the voluntary care agreement is denied, the agency's recourse is to appeal the judicial decision. Once a voluntary care agreement is approved, the court may retain jurisdiction and conduct a review every six months or close the court case ending judicial jurisdiction over the current foster care episode. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.4.4.4 (July 2016).

Right to Counsel

The court may appoint legal counsel for the youth, possibly the previous guardian ad litem. The youth may choose to waive counsel. The court may also, with the youth’s consent, appoint a Court Appointed Special Advocate (CASA), possibly the previously assigned CASA. Id.

Termination of Extended Care

Participation in Fostering Futures are voluntary on the youth’s part and may be terminated at any time by the youth by verbal or written notification to the service worker. The voluntary care agreement shall be terminated by the agency if it is determined that the youth no longer meets the eligibility criteria and conditions. In either event, the agency shall make efforts to avoid the need to terminate services. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.6 (July 2016).

When the participant believes he or she has been denied services or assistance to which he is entitled, including being terminated from Fostering Futures by the agency, or services or assistance have been delayed or terminated, the participant, or someone acting on his behalf, may submit an appeal to Virginia Department of Social Services Appeals and Fair Hearings per procedures in Section 14.12 of the July 2014 Chapter E, Foster Care. § 14B.7

Eligibility for Extended Adoption Assistance

Adoption assistance payments may extend to age 21 if the child “has a mental or physical handicap, or an educational delay resulting from such handicap, warranting the continuation of assistance.” Va. Code § 63.2-1302(B).

In addition, youth adopted from foster care after age 16 may qualify for extension of adoption assistance under Fostering Futures after reaching age 18, up to age 21, if they meet eligibility criteria (a)-(e) above. Va. Dep’t of Social Servs., Child & Fam. Servs. Manual § 14B.9.2 (July 2016).

Eligibility for Extended Guardianship Assistance

Virginia does not offer guardianship assistance for youth of any age.