State-by-State Age-Out Database for Children in Foster Care
Aging out of the foster care system generally refers to young adults who have reached the age of 18, 19, 20, or 21, depending on the state, and who have not achieved any type of permanency (adoption, reunification with one or both parents, or placement with a relative). These youth must now transition out of foster care into adulthood.
Children in child protective proceedings are already under the jurisdiction of the juvenile court. The issue is when that jurisdiction ends because the predicate order is obtained during court involvement. Continuation of foster care may not mean continuation of court involvement. What happens is a matter of state law which varies state-to-state. It is important to stay up to date on potential changes in state law and policy.
Some state agencies continue their involvement and provide services or programs for foster youth, but court jurisdiction terminates or may be at the court’s discretion. For example, New Jersey continues court involvement as long as the child’s case remains open with the agency. However, in Idaho, court jurisdiction ends at 18, even though child welfare services may continue to age 21. In Illinois and Virginia, whether court oversight continues is at the discretion of the court.
In some states, a youth choosing to leave the foster care system prior to the maximum age can re-enter the foster care system. Re-entry allows the youth to utilize the system’s resources. This does not, however, automatically mean that the court case will be reopened. Most likely, if jurisdiction has ended, the court will not reopen the case. This means that there is no longer the possibility to obtain a predicate order through this modality. You can check re-entry as well as court jurisdiction state-by-state here.
This section should be read in conjunction with Representing Children in Foster Care, an innovative publication which provides a comprehensive overview of child welfare protection procedures and SIJS.
This database is not a substitute for research. Updating to assure the most recent law is being relied on is the responsibility of the user. This database was last updated in May 2024.
Aging out of the foster care system generally refers to young adults who have reached the age of 18, 19, 20, or 21, depending on the state, and who have not achieved any type of permanency (adoption, reunification with one or both parents, or placement with a relative). These youth must now transition out of foster care into adulthood.
Children in child protective proceedings are already under the jurisdiction of the juvenile court. The issue is when that jurisdiction ends because the predicate order is obtained during court involvement. Continuation of foster care may not mean continuation of court involvement. What happens is a matter of state law which varies state-to-state. It is important to stay up to date on potential changes in state law and policy.
Some state agencies continue their involvement and provide services or programs for foster youth, but court jurisdiction terminates or may be at the court’s discretion. For example, New Jersey continues court involvement as long as the child’s case remains open with the agency. However, in Idaho, court jurisdiction ends at 18, even though child welfare services may continue to age 21. In Illinois and Virginia, whether court oversight continues is at the discretion of the court.
In some states, a youth choosing to leave the foster care system prior to the maximum age can re-enter the foster care system. Re-entry allows the youth to utilize the system’s resources. This does not, however, automatically mean that the court case will be reopened. Most likely, if jurisdiction has ended, the court will not reopen the case. This means that there is no longer the possibility to obtain a predicate order through this modality. You can check re-entry as well as court jurisdiction state-by-state here.
This section should be read in conjunction with Representing Children in Foster Care, an innovative publication which provides a comprehensive overview of child welfare protection procedures and SIJS.
This database is not a substitute for research. Updating to assure the most recent law is being relied on is the responsibility of the user. This database was last updated in May 2024.
| State-by-State | End of Court Jurisdiction | End of Agency Involvement |
|---|---|---|
| District of Columbia |
21 D.C. Code § 16-2303 |
21 |
| Alabama | 21 Ala. Code § 12-15-117(a) |
21 |
| Alaska | 21 Alaska Stat. § 47.10.100(a), (c) |
21 |
| Arizona | 18 The juvenile court has jurisdiction to make the initial determination prescribed in section 8-829 whether the voluntary participation of a qualified young adult in an extended foster care program pursuant to section 8-521.02 is in the young adult’s best interests. 8-202 |
21 |
| Arkansas | 21 Ark. Code § 9-27-306(a)(1)(B) |
21 |
| California | 21 Cal. Welf. & Inst. Code § 303(a) |
21 |
| Colorado | 18 and a half Colo. Rev. Stat. § 19-3-205(1) |
21 |
| Connecticut | Department shall file a motion within 120 days after youth’s 18th birthday to determine whether continuation in care is in youth’s best interest and, if so, whether an appropriate permanency plan is in place. The court, in its discretion, may hold a hearing on said motion. Conn. Gen. Stat. § 46b-129(j)(5). | 21 |
| Delaware | 21 The court may supervise provision of aftercare services at the youth’s request. The request must be filed within 30 days prior to the child’s 18th birthday and 6 months prior to the child’s 21st birthday. 10 Del. C. § 929 |
21 |
| Florida | 21 or 22 if child has disabilities Fla. Stat. § 39.013(2) |
22 |
| Georgia | The juvenile court retains jurisdiction over a child who is “receiving extended care youth services; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the case, determining that extended care youth services are in the best interests of such child, adopting a transition plan for such child, ensuring the provision of developmentally appropriate services and supports consistent with such plans, and determining whether reasonable efforts are being made to transition such child to independent living or another planned permanent adult living arrangement.” Ga. Code § 15-11-10(1)(F) | 21 |
| Hawaii | The family court retains exclusive jurisdiction over the young adult voluntary foster care program. Haw. Rev. Stat. § 346-394. The court must find that exercising jurisdiction is in the young adult’s best interest. Haw. Rev. Stat. § 346-395 | 21 |
| Idaho | 18 Idaho Code § 16-1604(1) |
21 |
| Illinois | 21 705 Ill. Comp. Stat. 405/2-31(1) |
21 |
| Indiana | 21 Ind. Code § 31-30-2-1 A court that approves a collaborative care agreement shall retain jurisdiction and conduct periodic reviews of the agreement at least once every 6 months until the agreement is terminated. Ind. Code § 31-28-5.8-7 (a), (f) |
21 |
| Iowa | 18 | 21 |
| Kansas | 21 Kan. Stat. § 38-2203(c) |
21 |
| Kentucky | 21 Ky. Rev. Stat. §§ 610.110(6), 620.140(1)(d)-(e) |
21 |
| Louisiana | 18 A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over extended foster care proceedings as provided for by R.S. 46:288.1 et seq., to review the written report and make a determination whether it is in the youth’s best interest to continue in extended foster care in a voluntary placement. La. Child. Code art. 303(12) |
21 |
| Maine | 22 The District Court shall hold a judicial review for each person who qualifies for care and support under this section at least once every 12 months. The court shall hear evidence and shall consider the original reason for the extended care and support of the person and the agreement of extended care and support between the department and the person. 22 M.R.S. § 4037-A |
22 |
| Maryland | 21 Md. Code, Cts. & Jud. Proc. § 3-804(b) |
21 |
| Massachusetts | The committing court shall continue to hold annual permanency hearings as described for young adults who remain in care. Mass. Gen. Laws, ch. 119, § 29B(b) |
22 |
| Michigan | Within 150 days after the voluntary foster care agreement is signed, the department shall file with the court a written report that contains, inter alia, a statement of facts that supports the voluntary foster care agreement and a copy of the agreement. Mich. Comp. Laws § 400.655 Not later than 21 days after the date the report was filed with the court, the court shall make a determination whether continuing in voluntary care is in the youth’s best interest. Mich. Comp. Laws § 400.657 The court shall close the case following this determination. Mich. Comp. Laws § 400.659 |
21 |
| Minnesota | 21 The court shall conduct reviews at least annually to ensure the responsible social services agency is making reasonable efforts to finalize the permanency plan for the child. Minn. Stat. § 260C.451(6), (9)(a) |
21 |
| Mississippi | 20 Miss. Code § 43-21-151(2) |
21 |
| Missouri | 21 Mo. Stat. § 211.041 |
21 |
| Montana | 18 “Child” or “youth” means any person under 18 years of age. Mont. Code Ann., § 41-3-102(6) In all matters arising under this chapter, a person is subject to a proceeding under this chapter and the district court has jurisdiction over: (a) a youth who is within the state of Montana for any purpose; (b) a youth or other person subject to this chapter who under a temporary or permanent order of the court has voluntarily or involuntarily left the state or the jurisdiction of the court; (c) a person who is alleged to have abused or neglected a youth who is in the state of Montana for any purpose. Mont. Code Ann., § 41-3-103 |
18 But a youth over the age of 18 may remain in foster care if still in secondary school. Mont. Admin. R. 37.51.102. |
| Nebraska | 21 The court has jurisdiction to review the voluntary services and support agreement between the youth and the Department and shall conduct a permanency hearing at least once per year. Neb. Rev. Stat. § 43-4508 |
21 |
| Nevada | 21 NRS 432B.594 |
21 |
| New Hampshire | 21 N.H. Rev. Stat.§169-C:4(II) |
21 |
| New Jersey | The Family Part of the Chancery Division of the Superior Court has continuing jurisdiction over the placement of a child. N.J. Stat. § 30:4C-53 | 21 |
| New Mexico | Court may extend jurisdiction for a period not to exceed one year after young adult’s 18th birthday if it determines that the department has not made reasonable efforts to provide the child with certain identification documents and written information about the child’s family, medical, and education history, assist the child in obtaining Medicaid, or refer an eligible child for guardianship or limited guardianship and that termination of jurisdiction would be harmful to the young adult. N.M. Stat. § 32A-4-25.3 | 21 |
| New York | 21 N.Y. Fam. Ct. Act § 1055(b)(i)(E) |
21 |
| North Carolina | 18 N.C. Gen. Stat. § 7B-201 The court shall review the placement of youth in extended care. N.C. Gen. Stat. § 7B-910.1(a) |
21 |
| North Dakota | 21 N.D. Cent. Code § 27-20-30.1 |
21 |
| Ohio | 18 The court shall retain jurisdiction over any child for whom the court issues an order of disposition pursuant to division (A) of this section or pursuant to section 2151.414 or 2151.415 of the Revised Code until the child attains the age of eighteen years if the child does not have a developmental disability or physical impairment, the child attains the age of twenty-one years if the child has a developmental disability or physical impairment, or the child is adopted and a final decree of adoption is issued, except that the court may retain jurisdiction over the child and continue any order of disposition under division (A) of this section or under section 2151.414 or 2151.415 of the Revised Code for a specified period of time to enable the child to graduate from high school or vocational school. Ohio Rev. Code § 2151.353(F)(1) |
21 |
| Oklahoma | 18 10A OK Stat § 10A-1-4-101 |
18 |
| Oregon | 21 ORS § 419B.328(2) |
21 |
| Pennsylvania | 21 42 Pa. C.S. § 6302 Pa. R. Juv. Ct. Pro. §§ 1610, 1611 |
21 |
| Rhode Island | 21 14 R.I. Gen. Law § 14-1-6(c) |
21 |
| South Carolina | 22 S.C. Code § 63-3-510 |
21 |
| South Dakota | 21 S.D. Codified Laws §§ 26-7A-1(6), 26-7A-102, 26-8A-29 |
21 |
| Tennessee | A person over the age of 18 shall be allowed to remain under the continuing jurisdiction of the juvenile court for purposes of the voluntary extension of services pursuant to § 37-2-417. Tenn. Code § 37-1-102(b)(5)(G) |
21 |
| Texas | Jurisdiction ends at 21 if the young adult reenters extended foster care. Tex. Fam. Code § 263.602 Tex. Fam. Code § 263.6021 |
21 |
| Utah | 21 Youth remain in care and under court jurisdiction until age 21 unless they opt out. Utah Code § 78A-6-120(1)(a) |
21 |
| Vermont | 18 Vt. Stat. tit. 33, § 5103(c)(2)(C) |
22 |
| Virginia | Upon appeal to the circuit court of any case involving a child placed in foster care and in any appeal to the Court of Appeals or Supreme Court of Virginia, the juvenile court shall retain jurisdiction to continue to hear petitions filed pursuant to §§ 16.1-282 and 16.1-282.1. Orders of the juvenile court in such cases shall continue to be reviewed and enforced by the juvenile court until the circuit court, Court of Appeals or Supreme Court rules otherwise. Va. Code § 16.1-242.1 | 21 |
| Washington | “In order to facilitate the delivery of extended foster care services, the court, upon the agreement of the youth to participate in the extended foster care program, shall maintain the dependency proceeding for any youth who is dependent in foster care at the age of eighteen years and who, at the time of his or her eighteenth birthday,” meets eligibility criteria for extended care. RCW § 13.34.267(1) |
21 |
| West Virginia | The court shall continue to hold status review hearings every three months until permanency is achieved (only if in foster care). W. Va. Code § 49-4-110(b) | 21 |
| Wisconsin | Court retains jurisdiction during extended placement. Wis. Stat.§ 48.44 |
21 |
| Wyoming | 21 Wyo. Stat. § 14-3-431 |
21 |
The goal of the Predicate Order Resource Center and this page is to provide advocates with easy access to publications and other resources to be used as a starting place for research and further investigation. It is not a substitute for independent thought, research and, if applicable, obtaining legal advice.