Chapter 6: Extended Foster Care and Non-Minor Dependents

Policy: Division 45 AFDC-FC: MPP 45-310, ACL 11-86, ACL 11-61, ACL 12-12, ACL 18-15, ACL 18-113, ACL 19-31, ACL 22-16

CDSS guidance on NMDs in extended foster care has been updated since the inception of the program, thus, it is recommended that county eligibility staff review policy guidance that has been updated, prior to the authorization of benefits.

In 2010, California enacted Assembly Bill 12 (AB 12) which extended foster care benefits from age 18 to age 21. This chapter covers both topics, Extended Foster Care and Non-Minor Dependents.

Policy: WIC 11400, Division 45 AFDC-DC MMP 45-310, ACL 22-16, ACL 11-16, ACL 22-72

To be eligible for AFDC-FC benefits after age 18, an NMD must meet the definition of an NMD as defined in Welfare and Institutions Code (WIC) section 11400.

NMD means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a non-minor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria:
1. The NMD has attained 18 years of age while under an order of foster care placement by the juvenile court and is not more than 21 years of age.
2. The NMD is in foster care under the placement and care responsibility of the county welfare department, county probation department, Tribe, consortium of Tribes, or Tribal organization that entered into an agreement.
3. The NMD has a transitional independent living case plan.

For youth who meet the above criteria, no eligibility redetermination shall be conducted solely due to the youth turning 18 years old. When youth are continuously in foster care, their income and resources need not be reconsidered. Youth who were eligible for federal foster care funding prior to turning 18, remain federally eligible until the youth formally exits foster care via court order. Youth who were non-federal AFDC-FC eligible may petition to permit a new determination of eligibility for federal foster care, Extended Foster Care. This allows an NMD to have the court terminate dependency for the purposes of re-opening and determining federal AFDC-FC without considering the parent’s income.

Only upon re-entry to foster care following a break in dependency shall a new federal AFDC deprivation determination be required to be conducted, based solely on the NMDs income and resources, without regard to other familial income or resources. See Special Situations - Re-Entry Into Foster Care section below for more information on this.

Policy: ACL 11-61, ACL 12-12
Forms: SAWS 1, FC 2NM, EA 1, SOC 163, SOC 162, SOC 158A, SOC157A, SOC 161, TILP

Below are the required forms that must be completed in order for the eligibility staff to make a determination on NMD cases for Extended Foster Care (EFC) benefits. All forms listed below must be in the eligibility case file.

Check with your county to verify which of these forms the eligibility staff complete with the NMD, and which forms the child’s social worker/probation officer complete with the NMD. All forms listed below must be in the eligibility case file:
1. SOC 161: The Child Placing Agency representative completes with the non-minor to certify their participation in extended foster care (EFC) activities. A copy of the SOC 161 is kept in the child placing agency representative’s case file.
2. SOC 162: Mutual Agreement for Extended Foster Care.
3. SAWS 1: Initial Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs.
NOTE: This is the original SAWS 1 from when the youth entered out of home care. Do not need to complete another one for the purposes of the youth turning 18.
4. FC 2NM: Statement of Facts Supporting Eligibility for AFDC EFC Benefits
5. SOC 158A: Foster Child’s Data Record and AFDC—FC Certification must be completed by the eligibility staff and the non-minor.
6. SOC 157A: Supervised Independent Living Placement (SILP) Approval and Placement Agreement. Not a requirement for all non-minor dependents. Use only when applicable.
7. SOC 163: Only required when the non-minor is requesting to re-enter foster care after dependency was dismissed and wants to apply for extended foster care benefits. Re-entry into care is not the same as a break in placement. See the Non-Minor Dependent Special Situations section for additional information.
a. Beginning date of aid (BDOA) is the day the youth and child welfare agency sign a SOC 163 or the day the youth is placed in an eligible facility, whichever occurs later, provided all other eligibility criteria are met, even if dependency is established at a later date.
9. EA1: Emergency Assistance Application for Child Welfare Services. The county may want to consider completing this application with or on behalf of the youth if an emergency exists.
10. A copy of the court order.
11. TILP 1: Transitional Independent Living Plan (TILP) Plan Agreement and Case Plan. The TILP must be updated every 6 months.
12. FC 3 NM: Determination of Federal AFDC-FC Eligibility for NMD: To be completed when a non-minor re-enters care after the age of 18. This will be covered later in the NMD Special Situations section.

Age Requirements

Policy: ACL 11-61, ACL 11-69, WIC 11403
1. A youth is eligible from their 18th birthday to their 21st birthday.
2. To be eligible for EFC, a youth must be in foster care under the placement and care responsibility of the county welfare or probation department or a Title IV-E tribe on or before their 18th birthday.
3. Effective January 1, 2014, a youth who was in foster care under the jurisdiction of the juvenile court or a Title IV-E Indian Tribe on their 18th birthday is eligible to receive foster care benefits until the age of 21 regardless of funding source.

Education and Employment Participation Conditions

Policy: ACL 11-61
To be eligible for extended foster care benefits, the non-minor dependent must meet one of five education and employment participation conditions listed below. They can do this by meeting one of the five conditions, or by meeting a combination of the first four conditions. The following conditions must be verified by the social worker/probation officer and be documented on SOC 161.

The SOC 161 will be forwarded to the eligibility staff, along with the documentation verifying the ways in which they meet participation requirements. A transitional Independent Living Plan (TILP) will be developed with the non-minor every 6 months and will be kept in the social worker’s/probation officer’s case file.

It is the responsibility of the eligibility staff to verify participation by reviewing the documents and signing the SOC 161. A copy of the SOC 161 and acceptable documentation and TILP shall remain in the eligibility case file.

1. Secondary Education:
The non-minor must be enrolled in a program of secondary education or a program leading to an
equivalent credential such as a diploma, degree, or certificate.
― Programs include, but are not limited to:
― Public high school
― Charter high school
― Alternative high school
― Nonpublic school
― Adult education classes
― Any other course of study leading towards completion of a high school diploma, General Equivalency Degree (GED), high school proficiency certificate, or high school completion certification.
― Enrollment is deemed continuous during any summer or other scheduled break in the school program.
― An NMD who is participating in special education activities as described in their Individualized Education Plan (IEP) is in compliance.
― The social worker/probation officer will obtain verification of participation.
― Acceptable documents include but not limited to:
― Unofficial transcript
― Electronic copy of the student’s current class schedule
― Letter from the institution or similar documentation

NOTE: So long as the SOC 161 is received by the end of the month following the month in which it was due, the form is timely. For example, if the SOC 161 was due November 15th, so long as it was received by eligibility staff on or before December 30th, the form is timely.

2. Post-secondary or Vocational Education:
― The NMD must be enrolled at least half-time in an institution which provides post-secondary or vocational education. NMDs who are enrolled in post-secondary or vocational training at less than half time, but in at least one course do not qualify under this participation condition but can qualify for EFC benefits under participation conditions of participating in an activity to promote or remove barriers to employment. See employment section below.
― Enrollment in any for-credit or non-credit courses at an institution shall be included as qualifying under this requirement. Formal admission to an institution is not required and includes situations where a student is enrolled in individual courses without being enrolled in the institution. Courses taken at any institution which is licensed or otherwise authorized to operate in the state of California or taken at a comparable institution located and licensed or otherwise authorized to operate in another state, will count towards the participation requirement.
― Enrollment is deemed continuous during a summer or other scheduled break in the school program. This provision also applies to participants who are awaiting an admissions determination or pending enrollment in courses.
― Additionally, if a student drops courses mid-term, this shall not result in automatic disqualification from EFC benefits so long as the youth would qualify under another category of eligibility or is incapable of participating as described below.

3. Employment:
― To satisfy this criterion, the NMD must be engaged in full or part time employment activities, consisting of at least 80 hours per month.
― Note that the NMD will be deemed eligible in meeting this criterion if they are scheduled to work at least 80 hours a month, regardless if the NMD actually works that number of hours due to holidays, illness, excused absences or other circumstances beyond the non-minor dependent’s control.
― These activities can be:
― Participation in paid employment
― Paid internships or apprenticeships
― Ticket to Work
― Vocational rehabilitation
― Study programs
― The social worker/probation officer will need acquire acceptable documentation verifying participation. The acquiring of these documents should be done in a manner that respects the non-minor dependent’s confidentiality of their foster case status.

NOTE: As with all Independent Living Program income, earned income shall be disregarded for purposes of eligibility as specified in the non-minor dependent’s TILP. See below for more information.
― Acceptable documentation:
― Work schedule
― Pay stubs
― Statement of hiring from the employer
― Statement of acceptance from the apprenticeship or internship program

4. Participating in a Program or Activity Designed to Promote or Remove Barriers to Employment:
― If the non-minor is not participating in a work program as listed above, they can still be deemed eligible to meet this criterion if they are participating in a program or activity designed to promote or remove barriers to employment.
― A program or activity designed to promote or remove barriers to employment is an individualized program based on a youth-centered assessment of skills and needs.
― Such activities may include, but not be limited to:
― Unpaid employment
― Volunteer activities
― Unpaid intern
― Apprenticeships
― Additionally, participation in programs for drug or alcohol addiction treatment will meet this participation criteria.
― These activities could be self-directed, completed in conjunction with the youth’s caregiver, social worker or probation officer, or part of an organized program.

5. Disability:
― Medical conditions that render an NMD incapable of doing any of the activities described above, include both short-term and long-term medical conditions, need to be verified by a health care practitioner.
― A healthcare practitioner is defined as any individual provider who is licensed or otherwise authorized by the state, county or city in which the provider is located to provide services related to physical or mental health.

NOTE: If an NMD does not undertake remedial measures to treat a verified medical condition, he or she will still be deemed to have a qualifying medical condition under this subparagraph.
― An NMD who is eligible for a disability program including, but not limited to: Supplemental Security Income, Social Security Disabled Adult Child benefits, State Disability Insurance, or Regional Center Services is deemed to have a medical condition that renders him/her incapable of doing one of the other activities.

NOTE: The NMD is deemed eligible for extended benefits under this section upon a verification of eligibility for a disability program and need not obtain additional written verification other than an award letter, notice of action, copy of the check or benefit identification card.
― If the NMD is not enrolled in a disability program, the social worker/probation officer is responsible for obtaining documentation to verify the medical condition rendering the NMD incapable. Acceptable documentation includes:
― Written verification from a healthcare provider stating the NMD has a medical condition and that the NMD cannot consistently meet the requirements listed in education and employment sections above.
― Verification of the NMD’s disability status.

Policy: ACL 11-61, ACIN I-08-23
Forms: TILP

The Transitional Independent Living Plan (TILP) is the NMD’s case plan and it gets updated every six months. This is done in partnership between the social worker/probation officer and the NMD. The TILP may be a continuation of past case plans, however, there is no longer a focus on reunification, termination of parental rights for adoption or the establishment of guardianship of a minor. Rather, the case plan goals are to be focused on behaviors and skills that will support the NMD’s success in transitioning to adulthood and independence. Note, the goals are to be primarily self-identified by the NMD. In a case in which the NMD is also an Indian Child as defined in WIC section 224.1(b); the social worker/probation officer will consult with the NMD’s Tribe in the development of the case plan.

The case plan is to describe goals and objectives of:
1. Identifying and developing permanent connections.
2. Making the transition to independent living.
3. Assuming incremental responsibility for adult decision making.
4. Any supportive services or other activities necessary to support the NMD’s needs and ensure the NMD will reach their identified goals.
5. The projected completion date of each goal, along with progress the youth has made in reaching their identified goals.
6. Education Rights Holder name and contact information.
7. Postsecondary Education support person name and contact information (if applicable).

NOTE: The TILP is a separate document but is part of the case plan and a copy of the signed document will be attached to the case plan for court hearings.

Policy: ACL 11-61, MPP 45-310.19

For a youth to be eligible for EFC benefits, they must:
1. Remain under the jurisdiction of the court as a dependent or ward and be under the placement and care responsibility of the child placing agency. Placement authority is evidenced by the court order of placement.
2. Sign a Mutual Agreement for Extended Foster Care (SOC 162) agreeing to continue placement and care in a supervised setting, as soon as they turn 18 but not later than six months after their 18th birthday, unless 45-310.19(c) applies.
― The mutual agreement also documents the non-minor dependent’s agreement to comply with
program requirements and eligibility conditions.
― The agreement is not a condition of payment.
― A copy of this agreement needs to be kept in the child placing agency case file and eligibility case file.
3. If the youth has been determined to be incapable of making an informed agreement, a SOC 162 is not required, and the income maintenance case record shall contain documentation identifying who determined that the youth is incapable of making an informed agreement.

Policy: ACL 11-61, ACL 11-69, ACL 21-95

The following housing options are available for an NMD in EFC:
1. Supervised Independent Living Placement (SILP) – A foster care placement for 18–21 year-olds that provide a greater selection of living options and a higher level of independence. The social worker/ probation officer must approve this placement and can include:
a. A college dormitory
b. Renting a room
c. An apartment (alone or with roommates)
d. A single occupancy hotel
2. Housing through Job Corp Transitional Housing Placement for Non-minor Dependents (THP-NMD) – formerly known as THP-FC is a placement option that provides housing and intensive support services. There are three housing models:
a. Host family
b. Staffed site
c. Remote site
3. Other eligible facilities for an NMD to reside are:
a. The approved home of a relative, former relative, or nonrelative extended family member who has Resource Family Approval (RFA).
b. A family home with no blood or familial relation to the child that has Resource Family Approval (RFA) by the appropriate community care licensing agency.
c. Transitional Housing Placement (THP).
d. A private, nonprofit, Short-Term Residential Treatment Program (STRTP), provided the qualified individual’s assessment report has recommended that such placement is necessary to meet the treatment needs of the child and that the facility has been accredited.
― The social worker/probation officer will need to complete a SOC 158A anytime the non-minor dependent has a change in placement, and send to the eligibility staff. The eligibility staff needs to review SOC 158A documents and ensure the facility type is eligible for EFC payments.
― Placement in an STRTP is restricted for when an NMD is under the age of 19 who must reside there in order to complete high school. Beyond 19 years of age, an NMD can only be in an STRTP based on qualifying medical conditions as described above in the disability section above.
― An NMD in out-of-state placements are eligible to EFC benefits.
― If the child is out of state, services under the Interstate Compact on the Placement of Children (ICPC) after the age of 18 will be at the discretion of the other state.
― If the receiving state denies to continue the court case after the non-minor’s 18th birthday, then it is the child placing agency’s responsibility to provide services by means of other agreements or contracted services.
― An out-of-state residential facility is not considered an eligible facility.
― In the case of an Indian child, a facility specified in Section 45-202.511 through 45-202.515 or family home as defined in Section 45-101(a)(2)(C). Such as a Tribal Approved Home (TAH) Supervised Independent Living Plan (SILP) which must be approve per the TILP case plan.

Policy: ACL 11-61, ACL 17-11

An NMD receiving EFC benefits shall continue to receive the rate established for the type of placement. NMDs receiving EFC benefits are also eligible for applicable Specialized Care Increments (SCI), Regional Center Dual Agency rates, county clothing allowances, and Infant Supplements/Whole Family Foster Home rates where appropriate based on the placement type.

An NMD with a SILP will receive the basic foster care rate and any applicable clothing allowance per county discretion. An NMD in a SILP may be authorized to be their own payee.

NOTE: An NMD in a SILP is not eligible for SCI.

The EFC benefits cases are subject to the same annual reviews of eligibility as AFDC-FC cases. In addition to an annual review, an updated certificate of eligibility criteria shall occur every six months as part of the NMD’s case plan and TILP review. Eligibility staff bear responsibility to coordinate with the appointed social worker or probation officer to ensure forms are complete and received in a timely manner.

Policy: ACL 11-61, ACL 18-15

As stated above, payment of AFDC-FC benefits continues when the NMD turns age 18 as long as the NMD remains under juvenile court jurisdiction and under the placement and care responsibility of the county welfare or probation department or Title IV-E tribe, lives in an eligible licensed or approved facility, and meets one of the five participation conditions listed under Employment and Education section.

If any of the following situations occur, it will lead to termination of EFC benefits for the NMD.
― The NMD no longer resides in any eligible facility, payment will terminate under existing rules.
― The NMD no longer wishes to continue participating in extended foster care.
― A WIC section 391 hearing is scheduled to terminate court jurisdiction. If the court terminates jurisdiction pursuant to a WIC section 391 hearing, then eligibility for AFDC-FC benefits ends as of the date of the court order terminating jurisdiction.
― The NMD reaches maximum age for benefits (21st birthday).
― When a payment will terminate due to the NMD aging out or a court order as described above, the aid payment shall cease no later than the day before their 21st birthdate.

NOTE: If the NMD wishes to continue to remain in EFC but there is a dispute between the NMD and the Child Placing Agency or Tribe with regards to whether the NMD is meeting one of the five criteria under Education and Employment section above, then the juvenile court must make a finding as to whether the NMD is participating.
― The social worker/probation officer will need to present the latest TILP, along with any other reports mandated by the court, showing the NMD’s level of participation and efforts to assist the NMD in maintaining eligibility.
― If the juvenile court finds that the NMD is refusing assistance and services to meet one of the five employment or education participation conditions list above, then the social worker/probation officer shall direct the eligibility staff to issue Notices of Action to the payee, the NMD and the NMD’s attorney to terminate AFDC-FC benefits.
― If the NMD wishes to request an administrative hearing to challenge the termination of AFDC-FC benefits, he/she is afforded all the usual rights to an administrative hearing and aid paid pending.
― When a payment terminates due to a court order, the aid payment shall cease at the end of the month in which the court orders termination.

Policy: ACL 11-61, ACIN I-31-15

NMDs receiving EFC benefits under aid code 43 or 49, will continue to be eligible for Medi-Cal benefits.

Non-minors under 21 not receiving a Title IV-E cash payment will continue to be eligible for Medi-Cal benefits provided they meet the requirements for Medi-Cal eligibility under the Former Foster Youth Medi- Cal Program.

For a child to be eligible under the Former Foster Youth Medi-Cal Program, the child must be in foster care under the responsibility of the state on his/her 18th birthday, be under 21 years of age, and reside in the state of California.

Policy: ACL 11-85, ACIN-1-07-19, ACL 22-72, AB 640, Division 45 AFDC-FC MPP 45-310.3, ACL 12-12
Forms: SOC 163

Re-Entry Into Foster Care

If extended foster care gets terminated for an NMD, the non-minor may be eligible to re-enroll for EFC and receive benefits. This is known as re-entering foster care.
― To be eligible to re-enter foster care and be eligible for foster care benefits, Welfare and Institutions Code section 388(e) states a non-minor youth must have had a court order for foster care placement on their 18th birthday.
― A former NMD must meet the following eligibility criteria for both non-federal and federal AFDC-FC FC Programs:
― Age (be between 18 and 21 years of age)
― They must have been the subject of a foster care placement order on their 18th birthday, placing them under the care, custody and control of a county child welfare agency, probation department or tribal agency.
― They must agree to meet the education and employment participation conditions.
― They must obtain authority for placement by signing a Voluntary Re-Entry Agreement for Extended Foster Care (SOC 163) pursuant to Section 45-310.3.
― The county placing agency shall file a petition pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement to have the non-minor declared an NMD of the juvenile court in that re-entry and remaining in foster care is in the best interests of the non-minor.
― The court must make a best interest finding within 180 days of the signing of the voluntary placement order for continued federal or non-federal EFC eligibility. If a court order, including the best interest finding, is not obtained within 180 days, AFDC-FC funding must terminate.

Policy: ACL 22-72, WIC 388(f)
Forms: SOC 162, SOC 163, FC2 NM

Per ACL 22-72, a Petition to Permit New Determination of Eligibility for Federal Financial Participation in Extended Foster Care (Assembly Bill 640 & WIC 388(f)) now allows an NMD to have the court terminate dependency for the purposes of re-opening and determining AFDC-FC without considering the parent’s/parents’ income.
― As described in WIC section 388(f), a county child welfare, probation, or tribal placing agency may, with the consent of the NMD who was non-federally eligible prior to turning 18 years old, file a petition with the juvenile court to dismiss dependency or transition jurisdiction and immediately resume that jurisdiction to establish the NMD’s eligibility for FFP.
― The juvenile court may grant this petition without the need for a hearing. The law requires the county child welfare, probation, or tribal placing agency filing a petition to ensure the NMD does not experience a break in services or supports before, during, or after the filing or granting of the petition.
― Prior to initiating this process, the eligibility staff and social worker/probation officer need to conduct a review to ensure that all other federal eligibility requirements will be met when making a new IV-E eligibility determination after the petition is granted.
― A county child welfare, probation, or tribal placing agency shall not file a petition of dismissal of dependency if any of the following circumstances are present:
― The NMD is categorically ineligible for federal Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits.
― The NMD is a member of a Tribe or eligible for enrollment in a Tribe and would likely become ineligible for services or supports, or have benefits disrupted if the county sought to establish eligibility for FFP.
― Once the above determinations have been made and the placing agency determines it is appropriate to proceed, the following steps must occur:
― Establish consent of the NMD to file the petition using a SOC 163.
― Submit a petition to dismiss dependency or transition jurisdiction using the applicable forms and rules of court established by the Judicial Council of California.
― Once the petition is granted, a new agreement for extended foster care (SOC 162) and FC 2 NM shall be jointly signed by the agency responsible for the NMD’s placement and care and the NMD.
― Social worker/probation officer will complete a SoC 158A to show the new re-entry date in order to switch funding from non-federal to federal.
― Eligibility staff will complete a new FC 3 and FC 3A to show the new eligibility determination.

NOTES:
― Placement change forms are not required unless there is a placement change.
― If the NMD had an established transitional independent living plan prior to the granting of the petition, the agency does not need to prepare a new one.
― The agency shall follow orders of the court and conduct a new eligibility determination as required following an NMD re-entry to foster care.
― This is not considered a redetermination.

Policy: ACL 12-48, ACL 12-48e, Division 45 AFDC-FC MPP 45-301.214
Forms: TILP 1, TILP 2, SOC 161, SOC 162, SOC 163, SOC 158A, FC2 NM, SAWS 2A, SAWS1
(FC 2NM must be completed as part of the annual redetermination for benefits.)

Youth who were former dependents or wards of an appointed NRLG through the juvenile court are eligible for extended foster care benefits up until their 21st birthday. A new eligibility determination is required in these cases and the non-minor must meet the specified criteria in the following categories:
― Age
― Education and employment participation conditions
― NRLG Case Plan and the Transitional Independent Living Plan (TILP)
― Authority for placement
― Eligible facility

NOTE: When determining eligibility, only the non-minor’s income, property and circumstances are to be considered, the parents’/NRLG or other’s in the home is not be considered.

Age:
― To be eligible for extended NRLG benefits, a youth who was formerly the ward or dependent of a juvenile court NRLG must have been receiving the non-federal AFDC-FC benefit payment on or before their 18th birthday.
― Youth who after the age of 18 can also apply for extended NRLG benefits, however, are only eligible for non-federal funded extended NRLG benefits. They are not eligible to re-enter Extended Foster Care (EFC) as non-minor dependents and have their court dependency resumed.

Education and Employment Participation:
― Refer to the NMD Employment and Education requirements section of this document or ACL 11-61 as the requirements are the same.

Transitional Independent Living Plan (TILP):
― The every six-month NRLG assessment and case plan update requirements of WIC section 11405 continue for the non-minor.
― The NRLG non-minor must complete the TILP with the social worker or probation officer every six months documenting the activities to support the non-minor’s educational and employment participation goals.
― The social worker/probation officer continues to visit the non-minor once every six months, as documented in the case plan.
― Upon completion of the updated TILP, the social worker/probation officer completes and sends the SOC 161, Certification of Participation to the eligibility staff.

Authority for Placement:
― The non-minor who wishes to remain eligible for extended NRLG benefits must complete and sign the applicable sections of the SOC 162 prior to or within the month of attaining age 18.
NOTE: If the non-minor stops participating or leaves the care of the guardian or is otherwise ineligible
for benefits and subsequently wishes to return to the guardian’s care and support, the non-minor
must sign the applicable sections of the Voluntary Re-Entry Agreement for Extended Foster Care,
SOC 163, with the county.
― The signing of the SOC 163 is an eligibility condition for a non-minor returning to the extended NRLG benefits program and documents the earliest possible beginning date of aid (BDOA).
― The BDOA is the day the non-minor and county sign a SOC 163 or the day the non-minor returns to the care and support of the guardian, whichever occurs later, provided all other eligibility criteria are met.
― No subsequent court petition is necessary or possible for this population.

Eligible Facility:
― Non-minors in juvenile court NRLGs are not eligible for Extended Foster Care placement options, and must therefore, live with their NRLG to receive benefit payments.
― However, these non-minors may live in a college dorm or other such setting as required to access education/employment opportunities, as long as the former guardians maintain support of the non-minors.
― Generally, the NRLG will receive the non-minor’s EFC payment unless the non-minor can satisfy the conditions in the Eligibility and Assistance Standards Manual section 45-301.214 and be their own payee.
NOTE: If the NRLG remains the payee, then the NRLG should sign a SAWS 2A so that they know their reporting responsibilities.

Policy: ACL 12-48, ACL 12-48e, ACL 89-42, MPP 45-201.1
Forms: SOC 155, SAWS 2, FC2 NM

Youth approaching 18 years of age and who are living with a NRLG established in probate court and receiving non-federal AFDC-FC continue to be eligible under the secondary education completion requirements.

These youth may continue to receive aid up to their 19th birthday, if they remain in the guardian’s home provided, they are attending high school, vocational or technical training on a full-time basis or pursuing a high school equivalency certificate and are reasonably expected to graduate/complete the program prior to their 19th birthday.

Probate NRLGs are NOT eligible for Extended Foster Care (EFC).