Dependency and Foster Care.
Anyone, including the Department of Children, Youth, and Families (DCYF), may file a petition in court alleging that a child should be a dependent of the state due to abuse, neglect, or because there is no parent, guardian, or custodian capable of adequately caring for the child. If a court determines that a child is dependent, the court will conduct periodic reviews and make determinations regarding the child's placement, provision of services by the DCYF, and compliance and progress of the parents.
When a child is removed from the home of a parent or guardian due to allegations of abuse or neglect, the child may be placed with relatives or in foster care. Foster parents are licensed by either the DCYF or private child-placing agencies and provide temporary care to children with the goal of reunifying the child with his or her parent or guardian. The DCYF may not discharge a child to an independent living situation before the child turns 18 unless the child becomes emancipated.
When a dependent youth is between the ages of 17 and 17 and a half, the DCYF must provide the youth with written documentation explaining the availability of extended foster care services and detailed instructions regarding how to access those services after reaching age 18.
Extended Foster Care.
Young adults who are dependent when they turn age 18 and meet certain qualifying criteria may agree to continue receiving foster care services up to the age of 21 by entering into a voluntary placement agreement. A voluntary placement agreement is a written voluntary agreement of a nonminor dependent who agrees to submit to the care and authority of the DCYF for purposes of participating in extended foster care. In addition, qualifying young adults who had their dependency end at age 18 may elect later to enter into a voluntary placement agreement to access extended foster care at any time up to the age of 21.
Young adults in extended foster care may live in a foster home placement or in a supervised independent living placement such as an apartment, a college dormitory, or a shared roommate setting. When placed in a foster home, the foster family receives foster care maintenance payments to support the young adult's living expenses; young adults in a supervised independent living placement receive payments directly for living expenses. Additional extended foster care services may include assistance in meeting basic needs, independent living services, medical assistance, and counseling or treatment, among other services.
To qualify for extended foster care, a youth must be:
Eligible young adults may enter and exit the extended foster care program as they wish until they turn 21.
Federal Funding.
Under Title IV-E of the Social Security Act, the federal government provides a dollar-for-dollar match to states to pay for foster care for eligible families. Federal law authorizes states to use Title IV-E funds to provide extended foster care services to youth up to age 21 who are engaged in activities that match those in Washington's current state eligibility criteria for extended foster care.
The eligibility criteria for participating in extended foster care are removed, meaning that any young adult who is dependent at age 18 may receive extended foster care services. The court must continue the dependency proceeding for any youth who is dependent at age 18 until the youth turns 21 or withdraws their agreement to participate in extended foster care. The court must make findings related to enrollment in educational programs or participation in work activities only for the purposes of pursing federal matching funds.
The DCYF must ensure dependent youth age 15 and older are informed of the extended foster care program. A youth may sign a voluntary placement agreement to participate in extended foster care prior to the age of 18, in which case the agreement will take effect on the youth's eighteenth birthday. The youth may withdraw consent to participate in extended foster care at any time, including prior to their eighteenth birthday. Voluntary placement agreements may be signed electronically.
A young adult enrolled in extended foster care may elect to receive a licensed foster care placement or may live independently. Extended foster care services are expanded to include a supervised independent living subsidy for those not living in a foster care placement. A supervised independent living subsidy is a foster care maintenance payment and a housing subsidy. The housing subsidy must be calculated based on the United States Department of Housing and Urban Development's estimated fair market rent for the total amount of a one-bedroom apartment in the county or metro area where the young person intends to reside, minus one-third of the foster care maintenance payment. If a youth who is living independently is not residing in an approved supervised independent living setting, the DCYF must continue to pay the supervised independent living subsidy while it works with the youth to identify an appropriate living arrangement.
The DCYF may not create additional eligibility requirements for extended foster care. In addition, it must develop and implement rules and policies designed to provide age-appropriate social work support for youth in extended foster care though a codesign process that includes those with lived experience in the foster care system.