Texas Child Protection Law Bench Book

2023 version: As effective November 1, 2023

Extending Foster Care for Transitioning Youth

A. Extended Jurisdiction

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).

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. Per Tex. Fam. Code § 263.601 et seq., the court must conduct periodic hearings every six months, and must make specific findings. 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 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.

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[20] and in order to allow DFPS to refer the young adult to the Department of Aging and Disability Services (DADS) for guardianship services. Tex. Fam. Code § 263.603(a). However, the court's extended jurisdiction under this section automatically terminates on the earliest of the date (1) DADS determines a guardianship is not appropriate; (2) a court with probate jurisdiction denies an application to appoint a guardian; or (3) a guardian is appointed and qualifies under the Estates Code. Tex. Fam. Code § 263.603(b).

It is not within the court's authority or jurisdiction to appoint DFPS or DADS as the managing conservator or guardian of the young adult. Tex. Fam. Code § 263.607(a).

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.

B. Trial Independence

“Trial Independence,” found in Tex. Fam. Code § 263.6015, 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. The court retaining jurisdiction allows DFPS to draw down federal dollars to help provide services to young adults who exit and later return to care. 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. The court's extended jurisdiction over the young adult terminates on the last day of the month in which the trial independence ends or upon the young adult's 21^st birthday, whichever comes first. Tex. Fam. Code § 263.602(f). The court may, at the request of the young adult, conduct a review hearing and make specific findings, but may not compel the young adult to attend a court hearing. Tex. Fam. Code § 263.602(g).

C. Supervised Independent Living

The Supervised Independent Living (SIL) program is a type of placement in Extended Foster Care which allows a young adults who are accepted into an SIL program to live in a more independent setting, including apartments, dorms, and shared housing.[21] 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

•   Achieving identified education and employment goals

•   Accessing community resources

•   Experiencing life skills

•   Establishing important relationships

2. 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.

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;[22] and

•   Meet eligibility requirements for Extended Foster Care.

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.

3. 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.[23]

4. Requesting a SIL Placement:

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

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

Step 3: The DFPS caseworker sends the completed and approved SIL application and other required forms to the SIL Coordinator through a mailbox established by DFPS. After review, the SIL Coordinator in the DFPS State Office sends an email approving or denying the application.

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

Step 5: The DFPS caseworker discusses the available SIL placement options with the young adult and submits the application packet to the agreed providers.

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

D. Resources

DFPS website:

•   CPS Policy Handbook § 10400 - Extended Foster Care for Youth Who are Age 18 or Older[24]

•   Extended Court Jurisdiction Flowchart[25]

•   Extended Foster Care Resource Guide[26]

•   Extended Foster Care webpage[27]

•   Supervised Independent Living webpage[28]

•   Transitional Living Services handout[29]

•   Texas Foster Youth Justice Project Legal Resources for Youth Aging out of Foster Care[30]