Extended Foster Care in Wisconsin

General Eligibility

Extended care is available to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program is in effect, and to whom any of the following applies:(a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 48.355 (relating to disposition), 48.357 (relating to change I placement), or 48.365 (relating to extension of order) that terminates as provided in s. 48.355(4)(b)1., 2., or 3., 48.357(6)(a)1., 2., or 3., or 48.365(5)(b)1., 2., or 3. on or after the person attains 18 years of age. (b) The person is in the guardianship and custody of an agency specified in s. 48.427(3m)(a)1. to 4. or (am) (relating to guardianship pending adoptive placement) under an order under s. 48.43 (relating to disposition) that terminates on the date on which the person attains 18 years of age. (c) The person is placed in a shelter care facility on the date on which an order specified in par. (a) or (b) terminates. Wis. Stat. 48.366(1); see also Wis. Stat. § 938.366(1).

Extended care can be implemented through an extended court order or through a voluntary transition-to-independence agreement. If implemented through a voluntary care agreement: On termination of an order described in sub. (1)(a) or (b), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living. Wis. Stat. § 48.366(3).

If implemented through court order: The Court may order a disposition or placement or extend a disposition or placement order placing a child outside of his parents’ that terminates by the latest of the following dates: (1) the date on which the child turns 18; (2) one year from the date of the order; (3) if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before age 19, the date the child is granted a high school or equivalency diploma, or the date the child turns 19, whichever is sooner; or (4) if the child is a full-time student at a secondary school or its vocational or technical equivalent and an IEP is in effect, the date the child is granted a high school or equivalency diploma, or the date the child turns 21, whichever is sooner.

The court may not grant an order that terminates as provided in this subdivision unless the child is 17 years of age or older when the order is granted and the child, or the child's guardian on behalf of the child, agrees to the order. At any time after the child attains 18 years of age, the child, or the child's guardian on behalf of the child, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order. Wis. Stat. §§ 48.355(4) (relating to disposition), 48.357(6) (relating to change in placement), 48.365(5) (relating to extension of order).

Voluntary Care Agreement Requirement

Extended foster care may be implemented through a vountary transition-to-independence agreement: On termination of an order described in sub. (1)(a) or (b), the person who is the subject of the order, or the person's guardian on behalf of the person, and the agency primarily responsible for providing services to the person under the order may enter into a transition-to-independent-living agreement under which the person continues in out-of-home care and continues to be a full-time student at a secondary school or its vocational or technical equivalent under an individualized education program under s. 115.787 until the date on which the person reaches 21 years of age, is granted a high school or high school equivalency diploma, or terminates the agreement as provided in par. (b), whichever occurs first, and the agency provides services to the person to assist him or her in transitioning to independent living. Wis. Stat. § 48.366(3).

Contents of Voluntary Care Agreement

The voluntary transition-to-independent- living agreement shall be on a form prescribed by the department and include all of the following conditions: (1) The youth is 18 years of age or over but under 21 years of age. (2) The youth is a full-time student at a secondary school or its technical or vocational equivalent. (3) There is an individualized education program under s. 115.787, Stats., in effect for the youth. (4) The youth will participate in activities assigned by the agency to prepare the youth for independent living. (5) The youth will comply with school attendance requirements in the youth's individualized education program under s. 115.787, Stats., school district policies, and truancy laws and ordinances. (6) The youth will not be missing from his or her out-of-home care placement for more than 2 weeks without contact with the agency. (7) If there is any change in the youth's circumstances that affects a provision of the voluntary transition-to-independent-living agreement, the youth will notify the agency within 10 calendar days after the effective date of the change. Wis. Admin. Code DCF § 21.05

Eligibility & Procedure

Re-entry is available for youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement if all of the following conditions are met: (a) The youth is 18 years of age or over but under 21 years of age; (b) The youth is a full-time student at a secondary school or its technical or vocational equivalent; and (c) There is an IEP in effect for the youth. Wis. Admin. Code DCF § 21.03.

Court Oversight of Extended Care

Court retains jurisdiction during extended placement. Wis. Stat.§ 48.44

Procedure for Continuing Court Oversight

Not less than 120 days before an order described in sub. (1)(a) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order, wishes to continue in out-of-home care under an extension of the order, or wishes to continue in out-of-home care under a voluntary agreement. The agency shall request a transition-to-discharge hearing over a person who does not wish to stay in out of home care. If the person wishes to continue under an extension of the order, the agency shall request request an extension, and the court shall hold a hearing requested within 30 days after receipt of the request. If the person wishes to continue under a voluntary agreement, the agency shall enter into an agreement. Wis. Stat. § 48.366(2), 938.366(2).

Termination of Extended Care

The agency shall terminate a voluntary transition-to-independent-living agreement with a youth who is no longer eligible or who fails to comply with the voluntary transition-to-independent-living agreement. However, the agency shall not terminate the voluntary transition-to-independent-living agreement with a youth who is not in compliance with the voluntary transition-to-independent-living agreement if the noncompliance is with s. DCF 21.05 (2), (4), (5), or (6) and the youth actively participates in the development of a plan to address the concern and demonstrates a willingness to comply with the plan that is developed.

To terminate a voluntary transition-to-independent-living agreement with a youth, an agency shall send the youth a notice of termination that will become effective 10 days after the date of the notice. If the agency sends the notice of termination and the youth files a timely appeal, the adverse action shall be stayed and the youth shall remain eligible pending the decision of the agency, division administrator, or administrative law judge or expiration of the right to appeal. Wis. Admin. Code DCF § 21.07.

Eligibility for Extended Adoption Assistance

The adoption assistance may be continued after the adoptee attains 18 years of age if any of the following applies: (a) The adoptee is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age. (b) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of adoption assistance as determined by the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent. (c) The adoptee is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the adoptee, and the adoption assistance agreement for the adoptee became effective on or after the date on which the adoptee attained 16 years of age. Wis. Stat. Ann. § 48.975(3m) .

Eligibility for Extended Guardianship Assistance

Subsidized guardianship payments may be continued after the child attains 18 years of age if any of the following applies: (a) The child is under 19 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program before reaching 19 years of age. (b) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, has a mental or physical disability that warrants the continuation of those payments as determined by the county department or, in a county having a population of 750,000 or more, the department, is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability, and otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent. (c) The child is under 21 years of age, is a full-time student at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the child, and the subsidized guardianship agreement for the child became effective on or after the date on which the child attained 16 years of age. Wis. Stat. Ann. § 48.623(1m).