Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

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 18^th 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).