Juvenile Court Foster Care Eligibility Toolkit: Non-Minor Dependent Hearing

• The enactment of the Fostering Connections Act makes it possible to access federal funding for foster care services for dependents and wards beyond their 18th birthday, which will provide them with the time and support needed to gradually become fully independent adults.
• The guiding principle of this extension is to provide each eligible non-minor with the opportunity to make decisions regarding housing, education, employment and leisure activities, while ensuring the availability of ongoing support and assistance when difficulties are encountered.
• The Fostering Connections Act created new hearing types, including:
  1. A non-minor’s request to return to foster care;
  2. The last status review hearing before a court dependent or court ward in foster care placement attains 18 years of age;
  3. Non-Minor Status Review hearings to monitor the NMD’s progress towards participating in services that will assist the youth in transitioning from foster care to successful adulthood;
  4. A hearing to terminate jurisdiction over a non-minor.
• These hearings are intended to review the non-minor’s status and make sure that the non-minor has the services and information needed to assist the youth in making a good transition from foster care to successful adulthood. The NMD will receive information that includes the potential benefits of remaining in foster care, the right to exit foster care and the right to return to foster care.

Download and Review the Flow Chart.

Non-Minor Dependent

Timelines

Last Status Review for Child Approaching the Age of Majority

• Dependency - this hearing should be conducted at the last review hearing before the child turns 18 years of age under WIC 366.21. 366.25 or 366.3 within six months of the previous review hearing.
• Delinquency - this hearing should be conducted at the last review hearing before the child turns 18 years of age under WIC 727.2 or 727.3 but should be set at least 90 days before the child’s 18th birthday and within six months of the previous review hearing.

Non-Minor Dependent Status Review Hearing

• This hearing should be conducted as the first hearing following the non-minor’s 18th birthday and should be conducted no less frequently than every six months.

Hearing to Consider Termination of Juvenile Court Jurisdiction Over a Non-Minor

• This hearing should be conducted prior to terminating Juvenile Court jurisdiction and may be held during a review hearing.
• This hearing must be conducted in order to terminate an NMD’s payment except in cases where the NMD has reached the maximum age of eligibility or resides in an eligible facility.

Hearing of Request by Non-Minor for the Juvenile Court to Resume Jurisdiction 

If a hearing is granted by the court, the hearing should be held within 15 days from the date the petition was filed with the court that retained general jurisdiction.

Notice

The social worker or probation officer must serve written notice to all parties except parents or legal guardians of the NMD.

Criteria

NMD Status
“Non-minor dependent” is the term used in the Fostering Connections Act to describe a dependent or ward who was under an order for a foster care placement on their 18th birthday (at the current time for federal eligibility a ward must have actually been in a foster care placement on their 18th birthday).

Eligibility for NMD Status
A youth is eligible for NMD status if, upon their 18th birthday, the NMD is:

• In a supervised foster care under the placement and care of the county welfare department, county probation department or Indian tribe.
• Has chosen to remain under or return to juvenile court jurisdiction and
• Is participating in a Transitional Independent Living Case Plan that includes meeting at least one of the education, training, or work requirements in WIC Section 11403(b) or being unable to do so because of a medical condition.

Last Status Review for Child Approaching the Age of Majority

To confirm that a dependent in a foster care placement has the information needed to make a thoughtful decision about remaining in foster care, the court must ensure that at the last status review hearing held before a dependent turns 18 years old, the child understands the options available. These include the potential benefits of remaining in foster care and how that can be accomplished, the right to exit foster care and have Juvenile Court jurisdiction terminated and the right to request to have jurisdiction resumed and to return to foster care.

Non-Minor Dependent Status Review Hearing

The hearing is focused on the goals and services in the NMD’s Transition Independent Living Case Plan including efforts to maintain or obtain permanent connections with caring and committed adults. 

The hearing is intended to be a collaborative effort involving the NMD, the social worker or probation officer, the judicial officer and other participants whom the NMD may have invited.

Hearing to Consider Termination of Juvenile Court Jurisdiction Over a Non-Minor

1. This hearing must be held to consider the termination of Juvenile Court jurisdiction over a non-minor who is a ward, dependent, or an NMD subject to an order for a foster care placement.
2. When terminating jurisdiction over a non-minor irrespective of their status as a ward, dependent or NMD, entering an order retaining general jurisdiction for the purposes of resuming jurisdiction over the non-minor is critical because a non-minor who has not yet reached 21 years of age will then be able to return to foster care if they meet the eligibility requirements for status as an NMD. 
3. The flexibility is important as circumstances and needs may change several times between the ages of 18 and 21 years.
4. This hearing must occur foster care funding except in cases of maximum age or residing in an ineligible facility.

Hearing of Request by Non-Minor for the Juvenile Court to Resume Jurisdiction

1. Non-Minor previously had their NMD status terminated due to not meeting eligibility criteria, NMD requested dismissal or cannot be located.
2. NMD petitions to re-enter foster care. A hearing is then set within 15 days of the petition.
3. This hearing is to determine whether the non-minor wishes to resume Juvenile Court jurisdiction and intends to satisfy an employment or educational condition under WIC 11403(b).

The following findings and orders may be made at the NMD Status Review Hearing:

1. For an NMD’s continued placement to be necessary, no longer necessary, appropriate, or not appropriate.
2. The Transitional Independent Living Case Plan (TILP):

• Was/Was not developed jointly with the NMD;
• Includes a plan to satisfy the criteria for the NMD to remain in foster care;
• Does/Does not reflect the NMD’s living situation and services consistent with what they need to
  achieve successful adulthood;
• Does/Does not include appropriate and meaningful independent living skills services that will help
  the NMD transition to successful adulthood;
• NMD did/did not sign the TILP;
• Progress made by the NMD on the TILP goals;

3. Whether reasonable efforts by the county agency have or have not been made to provide assistance to the NMD establish and maintain compliance, made ongoing efforts to finalize the permanent plan, exercised due diligence to locate NMD’s relatives, maintain relationships between NMD and individual(s) or siblings who are important to them.
4. Anticipated date the NMD will achieve successful adulthood.
5. Consideration of terminating jurisdiction over the NMD
6. The NMD’s permanent plan
7. NMD is being assisted with postsecondary education

Download and review sample.

Sample: Non-Minor Dependent Review Hearing