Advocacy strategies and resources

Non-Minor Dependents (NMD)

Non-Minor Dependent (NMD) is a term used to refer to a foster youth who has opted to remain in care beyond turning 18 yrs old. In California, foster youth may remain in care until their 21st birthday.

When a foster youth opts into extended care, they have a safety net of support while experiencing increasing independence in a secure living environment. These extra years of support can better prepare a youth for successful transition into adulthood and to help build self-esteem and self-efficiency!

In order for an NMD to have a CASA, the NMD must sign our consent form. Make sure that your case supervisor receives a copy.

HOW TO ADVOCATE 

A CASA supporting an NMD:

Empowers them to take ownership and control over their lives and futures.
Supports them in building personal and professional networks and achieving permanency.
Models and imparts adult skills required to be fully independent and stable.
Stays present to help them celebrate their triumphs and recover from their slip-ups.

Encouraging their autonomy is especially important because many young people who have spent time in foster care, especially in group homes, might have lived under rules that constrained their ability to develop independent living skills. Let them try things out on their own, which may succeed or fail, but remain consistently present and encouraging their efforts. As a CASA, you offer yourself as a sounding board in the process.

Extended Foster Care Participation Requirements:

Extended foster care requirements include: 

Complete high school or work toward your diploma equivalency
Attend college or vocational school
Be employed at least 80 hours a month
Participate in a program to remove barriers to employment (for example a job training program, substance abuse treatment, driver’s ed, mental health treatment, or many other possible programs)
Have an inability to do 1, 2, 3, or 4 because of a documented medical condition.

Extended Foster Care Process for Enrollment

At the six-month hearing prior to youth turning 18 yrs old, the social worker/probation officer must have a plan in place with the youth for what will happen when they are 18. If they choose to remain in care, the non-minor dependent must sign an agreement to reside in an eligible placement location and agree to work with a social worker to meet the goals outlined in their Transitional Independent Living Case Plan.

Re-Entry Rights

Youth who are otherwise eligible for Extended Foster Care benefits can leave foster care – and if they meet the requirements – can petition the court to re-enter foster care later. They would need to enter a Voluntary Reentry Agreement and move into an approved placement. A youth may leave and re-enter as often as they choose.

APPROPRIATE LANGUAGE

A youth who is thinking about remaining in foster care after their 18th birthday has a lot to think about. Are they eager to get out of the foster care system? They may be, especially if they had a difficult experience in foster care. Taking advantage of Extended Foster Care benefits may not be their priority.

Tip 1 – As a CASA, by asking questions of young adults, you show that you believe in them and value their own perspectives about their lives above all others. Asking, instead of telling, shows you respect them, and it empowers them to articulate their ideas, goals, and plans. It also helps you to listen and resist the temptation to guide them toward what you may think is best.
- Sample questions:
  - Have you thought about what you want to do when you turn 18?
  - What do you want to do?
  - What are your dreams?
  - Have you considered staying in foster care until age 21?
  - What are your concerns and/or fears – about staying in care, or about being on your own?

Remember, this is an exciting but stressful time for your youth!

LEGAL RIGHTS 

When a youth turns 18, they assume the same adult rights as any other 18-year-old. They can opt to leave school, their placement, or the foster care system. They may (and should!) register to vote. 

PLACEMENT & HOUSING AFTER 18

NMDs have several options for where to live. They may remain with their current caregiver, live by themselves, live in an apartment with other foster youth, or live in a different foster home. If the youth is living in a group home, they can stay until they turn 19 or finish high school, whichever comes first.

TYPES OF HOUSING OPTIONS:

SILP (Supervised Independent Living Placement)

An NMD can live in a college dorm, rent a room from a friend or family member, or get their own apartment. Read more about SILPs here.

The youth’s social worker must decide if the NMD is ready to live in a SILP. 
- If NMDs are parenting, they can get an infant supplement for their baby, and even more money if they create a Parenting Support Plan.
- If the NMD disagrees with the social worker’s readiness assessment or SILP inspection, the NMD has the right to request reconsideration: ask the PSW how to appeal decision or raise the issue with the NMD’s attorney.
- NMDs living in SILPs receive their foster care payments directly and use the money to pay for rent and living expenses on their own.
The place where the NMD wants to live must pass the county’s health and safety inspection.

NMD should not sign a lease without talking to their attorney first! An apartment lease is a binding legal contract.

NMD can receive their SILP check more quickly if it is deposited into their checking account. The CASA should work with the youth and their PSW to set this up.

It can take 6 or more weeks for the first SILP check to arrive, so youth should have another plan in place to pay their first few months of rent.
- If the youth does not have enough money saved to start a new lease, is there a family member or friend they can rent from while they save up?

Additional SILP Tips (from the East Bay Children’s Law Offices)

Transitional Housing Programs

THPs are apartments that NMDs share with other foster youth or former foster youth. Some transitional housing programs are for young adults with open cases, while others are for young adults with closed cases.

Note that there are waitlists for most transitional housing programs, so plan ahead!

THPP (Transitional Housing Placement Program): Transitional housing for youth ages 16-18 with open cases. Find the current list of THPP providers here.

THP+FC (Transitional Housing Placement -Plus- Foster Care): Housing for NMDs 18-21, with open cases under Extended Foster Care. Find a list of THP+FC providers here.

THP-Plus (Transitional Housing Program - Plus): For young adults with closed cases, up to age 25 or 26, if working toward completion of a post-secondary educational degree. Find a list of THP-Plus providers here.

SUPPLEMENTAL HOUSING RESOURCES

Housing Supplies:

SF-ILSP Moving and Emancipation grants: up to $1,000 total, between the two.

San Francisco Foster Youth Fund: $500 grant upon high school graduation, if the youth is in the same calendar year as their graduation.

Friends of SF-ILSP/Foster Youth Rising: help with both furniture costs and utility bills.

Additional Housing Resources through Partner Organizations:

211 United Way of the Bay Area

First Place for Youth

The Salvation Army’s Railton Place

Booker T Washington

EDUCATION

Is your youth without a high school diploma or its equivalent (GED, hiSET)?
Are they interested in completing their K-12 education?
Is your youth interested in college or vocational programs?
They have options! Check out SFCASA’s Educational Advocacy page for information on how to best support their higher education journey.

BENEFITS

Non-Minor Dependents are eligible to be direct recipients of public benefits. Teaching your youth how to navigate the benefits bureaucracy is incredibly important. Benefits advocacy and empowerment should include the enrollment process, setting calendar reminders for payments/re-enrollment (if necessary), and tips on how to represent themselves if/when a problem arises with the receipt of the benefits.

CalFresh (food stamps): NMDs are eligible for food assistance.
- NMDs should be aware of food banks in their communities.

Unless they make too much money to qualify, all NMDs should be enrolled in CalFresh (food stamps).

CASAs can support their NMD to learn food budgeting and healthy/economical cooking skills.

Medi-Cal (Medicaid): If a youth was in care on or after their 18th birthday, they are eligible for free health insurance through age 26.
NOTE: If your youth moves counties after their 18th birthday, they are responsible for moving their coverage to their new location. The social worker may not make this change, though they should help the youth understand the process. The NMD may also contact their assigned Public Health Nurse for more assistance.
Supplemental Security Income (SSI): federal supplemental support for disabled youth. 
- What is a disability? A physical and/or mental impairment that has or will last 12 months or result in death AND limits functioning.
  1. Functional Limitation Standard: 
  - Children—cannot function in an age-appropriate manner
  - Adults—cannot engage in substantial gainful employment 
The Social Security Administration offers the following benefits for children based on their parents’ work history:
- Survivors Benefits – if a parent (biological or adoptive) died
- Social Security Disability Insurance (SSDI) – if a parent is disabled
- Parent’s retirement, etc.