Extension of Foster Care Beyond Age 18 - Kentucky

Date: March 2022

Availability of Foster Care to Age 21

Citation: Rev. Stat. § 620.140

Commitment of the child to the custody of the Cabinet for Health and Family Services for placement in out-of-home care may not extend beyond age 18 unless the youth elects to extend their commitment beyond age 18. Beginning at least 6 months prior to an eligible youth reaching age 18, the cabinet shall provide the eligible youth with education, encouragement, assistance, and support regarding the development of a transition plan and inform the eligible youth of their right to extend commitment beyond age 18.

A youth may extend or reinstate their commitment up to age 21 to receive transitional living support. The request shall be made by the youth prior to reaching age 19. Upon receipt of the request and with the concurrence of the cabinet, the court may authorize commitment up to age 21.

Requirements for Remaining in Placement

Citation: Admin. Code Tit. 922, § 1:310

An 'independent living program' is a planned program that is licensed by the cabinet and designed to teach a child aged 16 or older life skills that enable a child to become self-sufficient and meets requirements specified in title 922, § 1:340.

'Independent living services' are services provided to an eligible child to assist the child in the transition from dependency of childhood to living independently.

An 'individual treatment plan' (ITP) is a plan of action developed and implemented to address the needs of a child.

Placement Agreements

Citation: Rev. Stat. § 610.110; Admin. Code Tit. 922, § 1:340

Upon motion of the child and agreement of the Department of Juvenile Justice or the cabinet, as appropriate, the court may authorize an extension of commitment up to age 21 for the purpose of permitting the Department of Juvenile Justice or the cabinet, as appropriate, to assist the child in establishing independent living arrangements if a return to the child's home is not in their best interests.

In regulation: A child-placing agency providing independent living programming shall develop and update quarterly a written ITP within 30 calendar days of a child's placement in an independent living program that includes the following:

  • Educational, job training, housing, and independent living goals
  • Objectives to accomplish a goal
  • Methods of service delivery necessary to achieve a goal and an objective
  • The person responsible for each activity
  • Specific timeframes to achieve a goal and an objective
  • Identification of a discharge plan
  • A plan for aftercare services
  • A plan for services from community resources

Transition Supports Provided

Citation: Admin. Code Tit. 922, § 1:340

The term 'independent living services' means services provided to an eligible child to assist the child in the transition from dependency of childhood to living independently.

A child-placing agency providing independent living programming shall maintain and teach independent living in accordance with 42 U.S.C. § 677(a), including the following:

  • Money management and consumer awareness
  • Job search skills
  • Job retention skills
  • Educational planning
  • Community resources
  • Housing
  • Transportation
  • Emergency and safety skills
  • Legal skills
  • Interpersonal skills, including communication skills
  • Health care, including nutrition
  • Human development, including sexuality
  • Food management, including food preparation
  • Maintaining personal appearance
  • Housekeeping
  • Leisure activities
  • Voting rights and registration
  • Registration for selective service, if applicable
  • Self-esteem
  • Anger and stress management
  • Problem-solving skills
  • Decision-making and planning skills

A social services worker from an independent living program shall do the following:

  • Be responsible for a child ages 16€“18 in an independent living program and provide supervision in accordance with the child's supervision plan
  • Be available for crisis support 24 hours a day, 7 days a week for a child in the independent living program, regardless of the child's age
  • Have daily face-to-face contact with a child ages 16-18 who is in the independent living program
  • Have a minimum of one face-to-face, in-home contact per week for a child ages 18-21 who is in the independent living program

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