1. (a)

   1. (1) Even after reaching the legal age of majority (that being eighteen (18) years of age), all youth need additional support and access to an array of resources as they continue their transition into adulthood.
   2. (2) As such, youth who are eighteen (18) through twenty-one (21) years of age, or such other age as may be required under federal law, may choose to participate in the Extended Foster Care Program for education, work, or other programs and services in order to help them achieve a successful transition into adulthood.

2. (b) Extended foster care provides case management services and support, as well as financial assistance with room and board costs for a youth who:

   1. (1) Was adjudicated dependent or dependent-neglected;
   2. (2) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age, or such other age as may be required under federal law;
   3. (3) Wishes to participate in extended foster care to benefit from the program; and

   4. (4) Is one (1) or more of the following:

      1. (A) Completing secondary education or a program leading to an equivalent credential;
      2. (B) Enrolled in an institution that provides post-secondary or vocational education;
      3. (C) Participating in a program or activity designed to promote, or remove barriers to, employment;
      4. (D) Employed for at least eighty (80) hours per month;
      5. (E) Has a viable plan to meet the requirements of subdivision (b)(4)(A) – (D); or
      6. (F) Incapable of completing school or work activities above due to a documented medical condition, which incapability is supported by regularly updated information in the youth’s case plan.
3. (c) Participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of their age of majority, including without limitation the right to consent to medical treatment or enter into contracts.
4. (d) A six-month review hearing is not required for a juvenile who is over eighteen (18) years of age and has elected to remain in extended foster care or to return to extended foster care.
5. (e) A copy of the youth’s entire record will be made available to them at no cost at the final transitional team meeting, which will occur within ninety (90) days of youth’s planned exit from care.

6. (f) Transitional Youth Services sponsor.

   1. (1)

      1. (A) Youth who elect to participate in the Extended Foster Care Program will select a Transitional Youth Services (TYS) Sponsor.
      2. (B) The sponsor will be a supportive adult with whom the youth already has a connection, such as the youth’s previous out-of-home provider.
      3. (C) For youth who are unable to identify such an individual, staff may recommend someone who is already serving as a sponsor to other youth in extended foster care or a volunteer from the community.
      4. (D) The role of the sponsor is to provide support and guidance to the youth as they transition to adulthood.
      5. (E) The sponsor will also receive the board payment on the youth’s behalf.
      6. (F) The sponsor will then assist the youth in managing the board payment according to their established budget developed by the youth and their transitional team.
      7. (G) Exceptions for sponsors may be approved by the Director of the Division of Child and Family Services (the division) or designee.
      8. (H) See 9 CAR § 40-907, for more information regarding TYS sponsors.

   2. (2)

      1. (A) Board payments for IV-E eligible youth may be made through Title IV-E funds as appropriate.
      2. (B) Board payments for youth who are not IV-E eligible will be paid using state general revenue funds or other federal funds as allowed under federal law and regulations.

7. (g) Participation in extended foster care.

   1. (1)

      1. (A) Youth who left foster care at eighteen (18) years of age or older may later participate in the Extended Foster Care Program if the youth submits a request in writing or in person to the Department of Human Services to participate in extended foster care.
      2. (B) Division of Children and Family Services staff will inform the youth of the option to have a petition filed on their behalf by their previous attorney ad litem if the youth also wishes for the court to have jurisdiction over their extended foster care case.

   2. (2)

      1. (A) After receiving a request to return to the Extended Foster Care Program, the youth’s case will be reopened in the division’s information management system by the next business day.
      2. (B) A TYS sponsor will be secured and keyed with a corresponding board rate within seven (7) business days after the request to return to the Extended Foster Care Program is received.
      3. (C) Additional urgency in keying the sponsor and board rate will be exercised as needed to ensure this information is keyed prior to the monthly board payment run that occurs after the youth’s return date.

   3. (3) The department may discharge a juvenile from extended foster care program if the juvenile:

      1. (A) Is over eighteen (18) years of age;
      2. (B) Reenters extended foster care after having his or her request to reenter foster care approved; and
      3. (C) Fails to engage in or have a viable plan to meet the extended foster care requirements listed above or have a viable plan to meet those requirements for more than sixty (60) days.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "05/2022"