Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

Extending Foster Care for Transitioning Youth

A. Extended Jurisdiction

1. Young Adult & Extended Foster Care

“Young adult” is a person who was in the conservatorship of DFPS on the day before the person's 18th birthday. Tex. Fam. Code § 263.601(4).

“Extended Foster Care” is foster care that extends beyond the young adult's 18th birthday. It requires the young adult to voluntarily reside in a residential setting that is licensed or approved and paid for by DFPS, including a foster home, foster group home, Residential Treatment Center (RTC), and Supervised Independent Living (SIL) facility through a provider who has a contract with DFPS for extended foster care services. Tex. Fam. Code § 263.601(1).

Under the Fostering Connections Act, a young adult can voluntarily remain in foster care after their 18th birthday (referred to as "Extended Foster Care") if they meet certain requirements. Extended Foster Care is eligible for Title IV-E funding from the federal government until the young adult's 21st birthday. 42 U.S.C. § 675.In Texas, the eligibility requirements for extended foster care are that the young adult over age of 18 is:

•   Regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;

•   Regularly attending an institution of higher education or a postsecondary vocational or technical program (at least six credit hours enrollment);

•   Participating in a program or activity that promotes or removes barriers to employment;

•   Employed for at least 80 hours a month; or

•   Incapable of performing the activities described above due to a documented medical condition. Tex. Fam. Code § 264.101(a-1).

2. Extended Jurisdiction after the Young Adult's 18th Birthday

Any court with jurisdiction over a young adult on the day before their 18th birthday will automatically continue to have jurisdiction of the young adult beyond their 18th birthday for at least six months and must retain the case on their docket while the young adult is in extended foster care and during trial independence. Tex. Fam. Code § 263.602. While a youth is in extended foster care, the Texas Family Code requires the court to conduct periodic hearings every six months, and must make specific findings regarding the young adult's living arrangement, the permanency plan, whether the young adult participated in developing the plan, and whether it reflects independent living skills and appropriate services in order for the young adult to achieve independence, and whether additional services are needed to meet the young adult's needs. Tex. Fam. Code § 263.602(b).

Special issue: A young adult age 18 or older is allowed to temporarily leave foster care, and as long as the court has jurisdiction, the state is eligible for federal funding to provide services for the young adult, including independent living supports such as housing.

B. Trial Independence

“Trial independence” allows young adults who exit foster care on their 18th birthday or any time prior to their 21st birthday, if in extended foster care, to then decide to voluntarily return to extended foster care within six months (or within a 12-month period if authorized by a court order) for additional support. It is the status assigned to a young adult under Tex. Fam. Code § 263.6015, which is automatic and mandatory for a minimum of 6 months beginning on:

•   The date of the young adult's 18th birthday; or

•   The date the young adult exits extended foster care. Tex. Fam. Code § 263.6015(b).

A court may order trial independence status extended for a period that exceeds the mandatory period under Tex. Fam. Code § 263.6015(b) but cannot exceed one year from the date the period under Tex. Fam. Code § 263.6015(b) commences. Tex. Fam. Code § 263.6015(c).

Each time a young adult exits foster care (originally at 18 or extended foster care), the young adult will complete a new six-month period of trial independence. Tex. Fam. Code § 263.6015(d).

A young adult's trial independence status ends on the young adult's 21st birthday. Tex. Fam. Code § 263.6015(e).

The court must also maintain jurisdiction over a young adult age 18 or older who temporarily leaves foster care for a "trial independence" period. This is so that if/when the young adult returns to foster care, the young adult (and DFPS) will not lose eligibility for federal funding, this allows DFPS to draw down federal dollars to help provide services to young adults who exit and later return to care. This statutory structure assists the child welfare agency in ensuring federal funding to assist with extended foster care services. Without it, DFPS would not be able to serve many of the young adults who leave foster care after turning 18 and later find they need to return to care for additional supports and services while they transition to independence. Extended care also offers support and stable placement for young adults pursuing higher education. The court may extend its jurisdiction beyond the end of trial independence if the young adult requests it and receives transitional living services from DFPS. Tex. Fam. Code § 263.6021. This gives the young adult the opportunity to return to court to ensure they are receiving appropriate or additional service if needed without having to remain in extended foster care. A young adult who consents to the continued jurisdiction of the court has the same rights as any other adult of the same age. Tex. Fam. Code § 263.608. A young adult who enters or reenters extended foster care after a period of trial independence must complete a new trial independence period upon exiting extended foster care. Each trial independence period may last no more than one year. Tex. Fam. Code § 263.6015.

Unless the court extends its jurisdiction over a young adult beyond the end of trial independence as provided by Tex. Fam. Code § 263.6021(a) or Tex. Fam. Code § 263.603(a), the court's extended jurisdiction over a young adult terminates on the earlier of:

•   The last day of the month in which trial independence ends; or

•   The young adult's 21st birthday. Tex. Fam. Code § 263.602(f).

A court with extended jurisdiction is not required to conduct periodic hearings as described in Tex. Fam. Code § 263.602 for a young adult who is only on trial independence status and may not compel a young adult who has elected to not enter or has exited extended foster care to attend a court hearing. However, a court may, at the request of the young adult who is on trial independence status, conduct a hearing described by Tex. Fam. Code § 263.602(b) or Tex. Fam. Code § 263.6021 to review any transitional living services the young adult is receiving during trial independence. Tex. Fam. Code § 263.602(g).

For more information, see an Extended Court Jurisdiction Flowchart developed by DFPS.[20]

Unless a young adult receiving voluntary transitional living services while on trial independence reenters extended foster care before the end of the court's extended jurisdiction, the extended jurisdiction of the court ends on the earlier of:

•   The young adult's 21st birthday; or

•   The date the young adult withdraws consent to the extension of the court's jurisdiction in writing or in court. Tex. Fam. Code § 263.6021(b).

For more information, see a Brief Overview of Transitional Living Services developed by DFPS.[21]

C. Rights of Young Adults

A young adult who consents to the continued jurisdiction of the court has the same rights as any other adult of the same age. Tex. Fam. Code § 263.608.

While the young adult is only eligible for federally funded extended foster care if they return during trial independence, the young adult may return to extended foster care, even if the trial independence period has expired, at any time prior to the month of their 21st birthday as long as a placement is available and they meet the requirements. 40 Tex. Admin. Code § 700.346(e).

While the court's jurisdiction automatically terminates by the young adult's 21st birthday or sooner, young adults may continue to receive extended foster care benefits until the young adult's 22nd birthday if the young adult is regularly attending high school or a program leading toward a high school diploma or high school equivalence certificate. 40 Tex. Admin. Code § 700.346(c).

It is important to remember that even though a young adult may meet all eligibility criteria for extended foster care, there is no guarantee that a placement will be found for the young adult. If there is no placement available, the young adult may not enter extended foster care. Young adults who are most vulnerable to not having a placement available to them are those who have had recent psychiatric hospital admissions, those with juvenile and criminal history, those with allegations of abuse against another child that were not ruled out, and those with a history of behavioral problems in past placements.

D. Extended Jurisdiction in Guardianship Situation

The court may also extend its jurisdiction on its own motion without the young adult's consent if it believes that a young adult may be incapacitated[22] and in order to allow DFPS to refer the young adult to the Health and Human Services (HHS) Guardianship Services Program (formerly known as the Department of Aging and Disability Services or DADS) for guardianship services as required by Tex. Hum. Res. Code § 48.209. Tex. Fam. Code § 263.603(a).

However, the court's extended jurisdiction under this section automatically terminates on the earliest of the date (1) HHS Guardianship Services Program determines a guardianship is not appropriate under Tex. Hum. Res. Code Chapter 161; (2) a court with probate jurisdiction denies an application to appoint a guardian; or (3) a guardian is appointed and qualifies under the Texas Estates Code. Tex. Fam. Code § 263.603(b).

If DFPS or HHS Guardianship Services Program determines a guardianship is not appropriate, or the court with probate jurisdiction denies the application to appoint a guardian, the court, under Tex. Fam. Code § 263.603(a), may continue to extend its jurisdiction over the young adult only as provided by Tex. Fam. Code § 263.602 or Tex. Fam. Code § 263.6021. Tex. Fam. Code § 263.603(c).

A young adult for whom a guardian is appointed and qualifies is not considered to be in extended foster care or trial independence and the court's jurisdiction ends on the date the guardian for the young adult is appointed and qualifies, unless the guardian requests the extended jurisdiction of the court under Tex. Fam. Code § 263.604. Tex. Fam. Code § 263.603(d).

A guardian appointed for a young adult may request that the court extend the court's jurisdiction over the young adult. A court that extends its jurisdiction over a young adult for whom a guardian is appointed may not issue an order that conflicts with an order entered by the probate court that has jurisdiction over the guardianship proceeding. Tex. Fam. Code § 263.604.

E. Role of Attorney ad Litem, Guardian ad Litem, or Volunteer Advocate

A court with extended jurisdiction may continue or renew the appointment of an attorney ad litem, guardian ad litem, or volunteer advocate for the young adult to assist in accessing services the young adult is entitled to receive from DFPS or any other service provider. Tex. Fam. Code § 263.605.

An attorney ad litem or guardian ad litem appointed for a young adult who receives services in the young adult's own home from a service provider or resides in an institution that is licensed, certified, or verified by a state agency other than DFPS shall assist the young adult as necessary to ensure that the young adult receives appropriate services. Tex. Fam. Code § 263.606.

F. Prohibited Appointments and Orders

The court may not appoint DFPS or HHS Guardianship Services Program as the managing conservator or guardian of the young adult. Tex. Fam. Code § 263.607(a). A court may not order DFPS to provide a service to a young adult unless DFPS:

•   Is authorized to provide the services under state law; and

•   Is appropriated money to provide the services in an amount sufficient to comply with the court order and DFPS obligations to other young adults for whom DFPS is required to provide similar services. Tex. Fam. Code § 263.607(b).

G. Supervised Independent Living

The Supervised Independent Living (SIL) program is a type of voluntary placement in Extended Foster Care which allows young adults who are accepted into a SIL program to live in a more independent setting, including apartments, dorms, and shared housing.[23] Young adults receive casework and support services to help them become independent and self-sufficient.

If a young adult is accepted by a SIL program, the young adult receives case management and support services to help them become independent and self-sufficient through a DFPS contracted provider. There is no daily in-home supervision by an adult, therefore the young adult has increased responsibilities.

1. Benefits of SIL Program

Through SIL, a young adult has increased responsibilities and support to transition to independent living with help such as:

•   Meeting their own needs with limited guidance

•   Experiencing age-appropriate mistakes and consequences and learning responsible behaviors

•   Managing finances

•   Managing their own time including scheduling appointments

•   Developing connections with family, caring adults, and supportive networks

•   Leaving the SIL setting for employment, education, social and other activities

2. Achieving identified education and employment goals

•   Accessing community resources

•   Experiencing life skills

•   Establishing important relationships

3. Eligibility requirements for SIL

SIL is available for a young adult who is able to:

•   Demonstrate a reasonable level of maturity and ability to manage the expectations required in a SIL setting with no supervision and case management; and

•   Meet eligibility requirements for Extended Foster Care.[24]

SIL with Enhanced Case Management (ECM) services, which are additional support or services to help young adults be able to adjust to and maintain independence, is available to a young adult who is able to:

•   Demonstrate a reasonable level of maturity and ability to manage the expectations required in a SIL setting with no supervision and case management;

•   Has a history of complex needs that require additional case management to be able to successfully adjust to a (SIL) placement;

•   Meet eligibility requirements for enhanced case management services;[25] and

•   Meet eligibility requirements for Extended Foster Care.[26]

Through SIL with ECM, a young adult receives assistance with:

•   Scheduling and managing their own medical, educational, and employment services - through community-based providers, governmental agencies, and other organizations

•   Arranging transportation to necessary appointments

•   Developing and monitoring a medication management plan

•   Improving their daily life skills

The young adult in a SIL placement must meet the Extended Foster Care eligibility requirements within 30 days of placement.

A 17-year-old youth in DFPS conservatorship may apply for a SIL placement but is not eligible for placement until their 18th birthday. Youth may apply for a SIL program 45 days prior to their 18th birthday, but there may be situations that allow application submission earlier, such as a SIL which is college-based or SIL apartment waitlists.

4. SIL settings

SIL settings can include:

•   Apartments

•   Non-College Dorms

•   College Dorms – Note that (ECM) is not permitted in college dorm settings)

•   Shared Housing

•   Host Homes

For more information about SIL settings, see DFPS' Types of SIL Settings webpage.[27]

5. Requesting a SIL Placement:

Step 1: The young adult discusses SIL with the DFPS/SSCC caseworker. The young adult completes the DFPS SIL application and gives it to the DFPS/SSCC caseworker.

Step 2: The DFPS/SSCC caseworker will then include their comments and complete their required sections of the SIL application. Youth and DFPS/SSCC caseworker comments are required in all applicable sections in order for the application to be considered complete.

Step 3: The DFPS/SSCC caseworker sends the completed and approved SIL application and other required forms to the SIL Coordinator through a mailbox established by DFPS or the Single Source Continuum Contractor. After review, the DFPS/SSCC SIL Coordinator sends an email approving or denying the application.

Special Issue: If the youth is applying for SIL ECM, additional required documents will need to be sent along with application and other forms.

Step 4: If approved, the DFPS/SSCC SIL Coordinator will send the DFPS/SSCC caseworker an email with necessary forms and next steps.

Step 5: The DFPS/SSCC caseworker discusses the available SIL placement options with the young adult and submits the application packet to the agreed providers. Placement of a Legacy young adult into a SSCC Catchment area must follow the protocol outlined in the designated SSCC's Joint Operations Manual.

Step 6: Upon initial acceptance by a SIL provider, the young adult and DFPS/SSCC caseworker hold discussions with the SIL provider. If the young adult, DFPS/SSCC caseworker, and SIL provider agree on the placement, then a placement date is identified and the placement is completed.

H. Resources

DFPS website:

•   CPS Policy Handbook § 10400 - Extended Foster Care for Youth Who are Age 18 or Older[28]

•   Extended Court Jurisdiction Flowchart[29]

•   Extended Foster Care Resource Guide[30]

•   Extended Foster Care webpage[31]

•   Supervised Independent Living webpage[32]

•   Transitional Living Services handout[33]

•   Texas Foster Youth Justice Project Legal Resources for Youth Aging out of Foster Care[34]