Sample State Legislation to Extend Foster Care, Adoption and Guardianship Protections, Services and Payments to Young Adults Age 18 or Older

This sample legislation takes full advantage of the federal support offered by the 2008 Fostering Connections to Success and Increasing Adoptions Act (“Fostering Connections”) by setting a framework where a state’s care is extended to the age of 21 and where foster care, adoption assistance, and kinship guardianship are also available to youth of that age. This sample legislation also goes beyond Fostering Connections in critical areas affecting young adults. It extends care and support to all young adults up to age 21 regardless of IV-E eligibility, whereas Fostering Connections provides federal support only for those young adults who are IV-E eligible. It also gives young adults age 18 and older the option to re-enter care after exiting, even though it is not clear that federal support would be available to them.

The remainder of the sample legislation is consistent with the requirements in Title IV-E of the Social Security Act (Title IV-E) as amended by Fostering Connections. However, recognizing that the provisions in the Act do not by themselves make for a coherent state law, additional language was needed to flesh out policies regarding case plans, transition plans, and court oversight. Where possible, language used is precisely what is required by Fostering Connections. However, in some instances the sample legislation includes additional detail that, while not required under the new law, creates sound policy that incorporates best practice. Departures from the letter of the law are clearly identified in the commentary.

This sample state legislation provides states with language to:

• Extend foster care, guardianship, and adoption assistance for young adults to age 21;
• Make the most of federal support available under Fostering Connections to free up state and local funding to offer young adults additional supports;
• Extend care and support to young adults who are not IV-E eligible;
• Embed in statute best practices derived from research, policy, and existing programs that support permanent families and better outcomes for young adults while they are in and after they exit care; and
• Extend required court oversight for young adults in foster care beyond age 18.

The sample legislation is provided without commentary on pages 6-14. The sample legislation paired with detailed commentary is available on pages 15-33.