Article XXIII. Extended Foster Care
10.10.980 Extended foster care.
The purpose of this section is to enable the child to receive extended foster care services and help developing independent living skills, obtaining housing, or any other assistance with transition to adulthood. A child who chooses to participate in this program shall be ordered by the Court to be under the placement and care authority of the KCWS program, subject to the child’s continuing agreement to participate in extended foster care services. Extended foster care is available to a child who turns eighteen (18) years old while under the jurisdiction of the Tribe and chooses to stay in dependency beyond the age of eighteen (18), up to the age of twenty-one (21).
(A) The child must agree to comply with all orders of the Court; and be one (1) of the following:
(1) Enrolled in a secondary education program or a secondary education equivalency program;
(2) Enrolled and participating in a postsecondary academic or postsecondary vocational education program;
(3) Participating in a program or activity designed to promote employment or remove barriers to employment;
(4) Engaged in employment for eighty (80) hours or more per month; or
(5) Not able to engage in any of the activities described in this subsection due to a documented medical condition.
(B) The Tribal jurisdiction will terminate upon the Court’s finding that: (1) The child no longer meets any of the criteria laid out in subsection (A) of this section; (2) The child has informed the Court they no longer want to participate in the program; or (3) The child has turned age twenty-one (21).
(C) At any point after the Court’s jurisdiction has been terminated pursuant to subsection (B) of this section but before turning age twenty-one (21), the child may re-enter extended foster care, provided he or she voluntarily requests re-entry and meets one (1) of the criteria set forth in subsection (A) of this section. The Tribal Court shall retain original jurisdiction over the child in extended foster care, therefore the Court will not hold an initial, determination, or placement and services hearing upon a child’s re-entry.
(D) Status review hearings for a child participating in extended foster care shall be reviewed every ninety (90) days and no less frequently than every six (6) months. Upon review, the Court shall determine and make the following findings:
(1) Whether the placement of the child continues to be necessary and appropriate;
(2) Whether the child continues to be eligible for extended foster care services by meeting one (1) of the requirements as specified in subsection (A) of this section;
(3) The transitional independent living plan contains appropriate and meaningful goals and services to assist the child in developing independent living skills;
(4) KCWS has assisted the child in meeting the requirements for eligibility;
(5) KCWS is assisting the child in meeting the child’s goals as outlined in the transitional independent living plan;
(6) The Court shall order a permanent plan of reunification, adoption, guardianship, and relative placement, or another planned permanent living arrangement. The Court may order another planned permanent living arrangement; provided, that KCWS has documented to the Court why KCWS has ruled out other permanency goals as not in the child’s best interest before recommending another planned alternate living arrangement and a compelling reason, on a case-by-case determination, for such alternative plan.
(7) The likely date by which the child will achieve permanence;
(8) KCWS has made reasonable efforts to finalize the permanent plan;
(9) The child is making overall progress toward full independence. [Res. 22-R-037, 2/24/2022.]