Contents

• Who Are Older Youth in Foster Care and Youth Aging Out of Care?
• Overview of Federal Support for Foster Youth
• Federal Foster Care
• Title IV-E Reimbursement for Foster Care
Older Youth in Foster Care
• Former Foster Youth
• Northwest and Midwest Studies
• National Youth in Transition Database (NYTD)
• Overview of Federal Support for Foster Youth
• Extended Foster Care Program
• Eligibility
• Eligible Placement Setting
• Case Planning and Review
• John H. Chafee Foster Care Independence Program
• Overview
• Eligibility for CFCIP Benefits and Services
• Youth Likely to Remain in Foster Care Until Age 18
• Youth Aging Out of Foster Care
• American Indian Youth
• The Role of Youth Participants
• Program Administration
• Chafee Education and Training Vouchers
• ETV Program Administration
• Funding for States
• Hold Harmless Provision
• Unused Funds
• Training and Technical Assistance
• National Youth in Transition Database (NYTD)
• Evaluation of Innovative Independent Living Programs
• Emerging Research
• Related Research
• Other Federal Support for Older Current and Former Foster Youth
• Medicaid
• Educational Support
• Federal Financial Aid
• TRIO Programs
• Workforce Support
• Workforce Innovation and Opportunity Act Programs
• Housing Support
• Family Unification Vouchers Program
• Other Support

Figures

• Figure 1. Federal Requirements and Programs for Older Youth in Foster Care and Leaving Care

Tables

• Table B-1. FY2016 and FY2017 CFCIP General and ETV Allotments by State
• Table C-1. Chafee Foster Care Independence Program (CFCIP) and Education and Training Voucher (ETV) Program Funds Returned By States to the Treasury, FY2006-FY2014

Summary

While many young people have access to emotional and financial support systems throughout their early adult years, older youth in foster care and those who are emancipated from care often face obstacles tolack such security. This can be an obstacle for them in developing independent living skills and building supports that might ease theirease the transition to adulthood. Older foster youth who return to their parents or guardians may continue to experience poor family dynamics or lack supports, and studies have shown that recently emancipated foster youth fare poorly relative to their counterparts in the general population on several outcome measures.

measures such as education and employment.

The federal government recognizes that older youth in foster care and those aging outwho have been emancipated, or aged out, are vulnerable to negative outcomes and may ultimately return to the care of the state as adults, either through the public welfare, criminal justice, or other systems. Under the federal foster care program, states may seek reimbursement for youth to remain in care up to the age of 21. In addition, the federal foster care program has certain protections for older youth. For example, states must annually obtain the credit report of each child in care who is age 14 and older. States must also assist youth with developing what is known as a transition plan. The law requires that a youth's caseworker, and as appropriate, other representative(s) of the youth, assist and support him or her in developing the plan. The plan is to be directed by the youth, and is to include specific options on housing, health insurance, education, local opportunities for mentors, workforce supports, and employment services. Other protections require states to ensure that youth age 14 and older are consulted about the development and revisions to their case plan and permanency plan, and that the case plan includes a document listing certain rights for these youth.

Separately, the federal government provides funding for services to assist in the transition to adulthood through the John H. Chafee Foster Care Independence Program (CFCIP). The law enables states to provide these services to youth who are (1) likely to age out of foster care (with no lower age limit), (2) youth who age out of care, and (3) youth age 16 or older who left foster care for kinship guardianship or adoption. Independent living services may includeThe U.S. Department of Health and Human Services (HHS) administers the primary federal programs that are targeted to these youth. These include the federal foster care program and the John H. Chafee Program for Successful Transition to Adulthood program ("Chafee program"), both of which are authorized under Title IV-E of the Social Security Act.

Foster care is a temporary living arrangement intended to ensure a child's safety and well-being until a permanent home can be re-established or newly established. Under the Title IV-E foster care program, a public child welfare agency must work to ensure that each child who enters foster care is safely returned to his/her parents, or, if this is determined not to be possible or appropriate (by a court), to find a new permanent home for the child. Jurisdictions (states, territories, and tribes) may seek reimbursement for youth to remain in care up to age 21. Approximately half of all states extend care to that age. In addition, the foster care program has certain protections for older youth. For example, jurisdictions must annually obtain the credit report of each youth in care who is age 14 and older. They must also assist youth with developing a transition plan that is in place 90 days before aging out. The law requires that a youth's caseworker—and as appropriate, other representative(s) of the youth—assist and support him/her in developing the plan. The law requires that the plan be guided by the youth, and should include specific options on housing, health insurance, education, local opportunities for mentors, and other supports.

The Chafee program provides supports and services to youth ages 14 to 21 who are or were in foster care (with some exceptions). Youth in states that extend foster care to age 21 can be served under the program until age 23. The program authorizes funds to be used for providing assistance in obtaining a high school diploma, career exploration, training in daily living skills, training in budgeting and financial management skills, and preventive health activities, among other services. The CFCIP requires that states ensure youth in independent living programs participate directly in designing their own program activities that prepare them for independent living, and further that they "accept personal responsibility for living up to their part of the program."

The Chafee Education and Training Voucher (ETV) program separately authorizes discretionary funding for education and training vouchers for Chafee-eligible youth to cover their cost of postsecondary education (until age 23). A recent evaluation of independent living programs, such as those that provide mentoring and life skills, shows mixed results. One promising independent living program has social workers who oversee a small caseload and have regular, ongoing interactions with the youth. The youth in this program are more likely to attend college and stay enrolled than their peers not in the program.

Along with the CFCIP, other federal programs are intended to help current and former youthpurposes. States must meet certain requirements, including that not more than 30% of Chafee funds are used for room and board expenses. The Chafee Education and Training Voucher (ETV) provides funding for Chafee-eligible youth to attend institutions of higher education. Youth can receive up to $5,000 annually for up to five years (consecutive or nonconsecutive) until they reach age 26. The Chafee law directs HHS to collect outcome and other information for current and former foster youth, and HHS established the National Youth in Transition Database (NYTD) for this purpose. Along with the foster care and Chafee programs, other federal programs are intended to help youth currently and formerly in foster care make the transition to adulthood. Federal law authorizes funding for states and local jurisdictions to provide workforce support and housing to older foster youth and youth emancipating from care. Further, the law that established the CFCIP created an optional Medicaid eligibility pathway for youth who age out of foster care; this pathway is often called the "Chafee option." Beginning on January 1, 2014, eligible young people who were in foster care at age 18 are covered under a mandatory Medicaid pathway until age 26. In addition, youth in foster care or recently emancipated youth are specifically eligible for certain education and other services.

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This report provides background on teens and young adults in and exiting from foster care, and the federal support that is available to these youth as they transition to adulthoodbeginning on January 1, 2014, eligible young people who were in foster care at age 18 are covered under a mandatory Medicaid pathway until age 26. Youth in foster care or recently emancipated youth are also specifically eligible for certain educational supports.

Young people who have spent time in foster care as teenagers often face challenges during the transition to adulthood. Compared to their counterparts in the general population, these youth fare poorly in education, employment, and other outcomes. The federal government recognizes that foster youth may ultimately return to the care of the state as adults through the public welfare, criminal justice, or other systems. In response, federal policy has focused on supporting youth while they are in foster care and in early adulthood.

This report provides background to Congress on teens and young adults in and exiting from foster care, and the federal support available to them. It begins with a discussion of the characteristics of youth who have had contact with the child welfare system, including those who entered care, as well as and those who exited care via emancipation because they have reached the legal age of majority. The report then provides an overview of the federal foster care system, including the Chafee Foster Care Independence program (CFCIP), and provisions in federal foster care law that are intended to help prepare youth for adulthood. The report goes on to discuss federal support for youth aging out of care in the areas of education, health care, employment, and housing. The report seeks to understand how states vary in their approaches to serving older youth in care and those who are recently emancipated. For example, 23 states, the District of Columbia, and five tribes are receiving federal funding to extend foster care to youth beyond age 18 (as of spring 2017).

"emancipation." This process means that youth reached the state legal age of adulthood without being reunified with their families or placed in new permanent families. The report then discusses child welfare programs authorized under Title IV-E of the Social Security Act—specifically the Foster Care Maintenance Payments Program ("foster care program") and the John H. Chafee Program for Successful Transition to Adulthood ("Chafee program")—that are intended to help prepare youth for adulthood. The foster care program provides reimbursement to states for providing foster care, including, at state option, to youth between the ages of 18 and 21. It also includes certain requirements that are intended to support older youth in care. The Chafee program is the primary federal program that funds supportive services for teens and young adults during the transition from foster care. The text box below summarizes recent developments in the Chafee program. Appendix A includes the state plan requirements under the CFCIP. Appendix B and Appendix C include funding data for the CFCIP.

Who Are Older Youth in Foster Care and Youth Aging Out of Care?

Children and adolescents can come to the attention of state child welfare systems due to abuse, neglect, or for some other reason, such as the death of a parent or child behavioral problems. Some children remain in their own homes and receive family support services, while others are placed in out-of-home settings. Such settings usually include a foster home, relative placement, or institution (e.g., residential treatment facility, maternity group home). A significant number of youth spend at least some time in foster care during their teenage years. They may also stay in care beyond age 18, up to age 21 (and sometimes beyond), if they are in a state that extends foster care. The Department of Health and Human Services (HHS), which administers child welfare funding, collects data from states on the number and characteristics of children in foster care. On the last day of FY2015, approximately 126,000 youth and young adults comprised 29% of the foster care caseload nationally.¹ These youth left foster care and were reunified with their parents or primary caretakers, adopted, or placed with relatives. However, 20,789 youth aged out that year, or were emancipated, when they reached the age of majority in their states, usually at age 18. The share of foster care youth emancipating was 9% in both FY2006 and FY2015 and between 10% and 11% in the intervening years.²

The Foster Care Dynamics report, a longitudinal study of children in 11 state child welfare systems from 2000 through 2005, provides detailed information about older youth who have been placed in out-of-home care.³ The study examined state administrative data to determine the typical trajectory of children across four age categories who first entered foster care during the five-year period, including teens ages 13 to 17. The study found that these teens tended to have shorter median lengths of stay relative to younger children; live in placements other than foster family homes (i.e., residential treatment facilities, group homes, etc.); experience more placements in their first year in care than younger children; and exit care through reunification, although running away and reaching the age of majority were exit pathways for about 10% to 24% of these older youth, depending on their age. More recent research shows that the majority of children in group care settings—or non-family settings ranging from those that provide specialized treatment or other services to more general care settings or shelters—are teenagers. In FY2013, approximately 7 out of 10 children in group care settings were ages 13 to 17.⁴

Youth who spend their teenage years in foster care and those who are likely to age out of care face challenges as they move to early adulthood. While in care, they may foregoincludes funding data for the Chafee program. Appendix B includes a summary of other federal programs, outside of child welfare law, that address older youth in foster care and those who have aged out.

Who Are Older Youth in Foster Care and Youth Aging Out of Care?

Children and adolescents can come to the attention of state child welfare systems due to abuse, neglect, or other reasons such as the death of a parent or child behavioral problems. Some children remain in their own homes and receive family support services, while others are placed in out-of-home settings. Such settings usually include a foster home, the home of a relative, or group care (i.e., non-family settings ranging from those that provide specialized treatment or other services to more general care settings or shelters). A significant number of youth spend at least some time in foster care during their teenage years. They may stay in care beyond age 18, typically up to age 21, if they are in a state that extends foster care.

Older Youth in Foster Care The U.S. Department of Health and Human Services (HHS), which administers child welfare funding, collects data from states on the number and characteristics of children in foster care. On the last day of FY2017, approximately 122,000 youth ages 13 through 20 comprised 27% of the national foster care caseload.¹ Youth ages 13 through 20 made up 28% of the exits from foster care in FY2017. Most of these youth were reunified with their parents or primary caretakers, adopted, or placed with relatives. However, 19,945 youth aged out that year, or were "emancipated" because they reached the legal age of adulthood in their states, usually at age 18.² Former Foster Youth Youth who spend their teenage years in foster care and those who age out of care face challenges as they move to early adulthood. While in care, they may miss opportunities to develop strong support networks and independent living skills that their counterparts in the general population might more naturally acquire. Even older foster youth who return to their parents or guardians can still face obstacles, such as poor family dynamics or a lack of emotional and financial supportssupport, that hinder their ability to achieve their goals as young adults. Perhaps the strongest evidenceThese difficulties are evidenced by the fact that youth who have spent at least some years in care during adolescence have not adequately made the transition to young adulthood is theirexhibit relatively poor outcomes across a number of domains.

Two studies—the Northwest Foster Care Alumni Study⁵3 and the Midwest Evaluation of the Adult Functioning of Former Foster Youth⁶—have tracked outcomes for a sample of youth across several domains, either prospectively (following youth in care and as they age out and beyond) or retrospectively (examining current outcomes for young adults who had been in foster care) and comparing these outcomes to other groups of youth, either those who aged out and/or youth in the general population. The two —have tracked these outcomes. Northwest and Midwest Studies The Northwest Foster Care Alumni Study⁴ and the Midwest Evaluation of the Adult Functioning of Former Foster Youth⁵ have tracked outcomes for a sample of foster youth across several areas and compared them to those of youth in the general population. The studies indicate that youth who spent time in foster care during their teenage years tended to have difficulty as they entered adulthood and beyond.⁷6 The Northwest Study was retrospective; it looked at the outcomes of young adults who had been in foster care and found that they were generally more likely to have mental health and financial challenges than their peers generally. While they. They were just as likely to obtain a high school diploma, they but were much less likely to obtain a bachelor's degree. The Midwest Evaluation has examinedfollowed youth over time to examine the extent to which outcomes in early adulthood are influenced by the individual characteristics of youth or their out-of-home care histories. The study has trackedexamined the outcomes of youth who were in foster care since age 17at age 17, and tracked them through age 26. Compared to their counterparts in the general population, youth in the Midwest study farefared poorly in terms of education, employment, and other outcomes.

Separately, statesDespite these findings, many former foster youth have overcome obstacles, such as limited family support and financial resources, and have met their goals. For example, youth in the Northwest study obtained a high school diploma or passed the general education development (GED) test at close to the same rates as 25 to 34 year olds generally (84.5% versus 87.3%). Further, youth in the Midwest Evaluation were just as likely as youth in the general population at age 23 or 24 to report being hopeful about their future.⁷ National Youth in Transition Database (NYTD) States have reported to HHS since FY2010 on the characteristics and experiences of certain current and former foster youth through the National Youth in Transition Database (NYTD). Among other data, states must report data on a cohort of foster youth beginning when they are age 17, and then later at ages 19 and 21. Information is to be collected on a new group of foster youth at age 17 every three years. While the first cohort of NYTD respondents had some positive outcomes by age 21, about 43% reported having a homeless experience by age 21 and over one-quarter had, at some point during their lifetimes, been referred for substance abuse assessments or counseling.⁸

Despite the generally negative findings from the two major evaluations on youth aging out of foster care, many youth have demonstrated resiliency by overcoming obstacles, such as limited family support and financial resources, and meeting their goals. For example, youth in the Northwest study obtained a high school diploma or passed the general education development (GED) test at close to the same rates as 25- to 34-year-olds generally (84.5% versus 87.3%). Further, youth in the Midwest Evaluation were just as likely as the general youth population at age 23 or 24 to report being hopeful about their future.⁹

Overview of Federal Support for Foster Youth

The federal government recognizes that older youth in foster care and those aging out are vulnerable to negative outcomes and may ultimately return to the care of the state as adults, either through the public welfare, criminal justice, or other systems. experiencing homelessness by that age and over one-quarter had been referred for substance abuse assessments or counseling at some point during their lifetimes.⁸ States must also report on the supports that eligible current and former foster youth—generally those ages 14 to 21, and sometimes older—receive to support their transition to adulthood. An analysis of NYTD data for FY2015 found that less than a quarter of youth who received a transition service received services for employment, education, or housing.⁹ Overview of Federal Support for Foster Youth

The Children's Bureau at HHS' Administration for Children and Families (ACF) administers programs that are targeted to foster youth and authorized under Title IV-E of the Social Security Act, including the federal foster care program and the Chafee program (which includes the Education and Training Voucher (ETV) program).

Under the federal foster care program, states may seek reimbursement for youth to remain in care up to the age of 21age 18, or up to age 21 at state option. In addition, the federal foster care program has protections in place to ensure that older youth in care have a written case plan that addresses the programs and services they need in making the transition, among other provisions.

Separately, the John H. Chafee Foster Care Independence Program (CFCIP) provides mandatory funding for independent living services and supports (until age 21) to youth (1) who will likely age out of foster care without reunifying with their parents, being adopted, or being placed with relatives or other guardians; (2) youth who aged out between the ages of 18 and 21; and (3) youth age 16 or older who left foster care for kinship guardianship or adoption. Independent living services are intended to assist youth prepare for adulthood. The Chafee Education and Training Voucher (ETV) program separately authorizes discretionary funding for education and training vouchers for Chafee-eligible youth to cover their cost of postsecondary education (until age 21, or age 23 if they received a voucher at age 21). The Children's Bureau at HHS's Administration for Children and Families (ACF) administers the federal foster care program, CFCIP, and ETV program. As discussed in subsequent sections of this reportprogram has protections in place to help meet the needs of older youth. Title IV-E entitlement (or mandatory) funding for foster care is authorized on a permanent basis (no year limit) and is provided in annual appropriations acts. Congress typically provides the amount of Title IV-E foster care funding (or "budget authority") that the Administration estimates will be necessary for it to provide state or other Title IV-E agencies with the promised level of federal reimbursement for all of their eligible Title IV-E foster care costs under current law.

Separately, the Chafee program provides funding to states for services and supports to help youth who are or were in foster care make the transition to adulthood. It is available up to age 21 (or age 23 under certain circumstances). The ETV component includes a separate authorization for discretionary funding to support Chafee-eligible youth in attending an institution of higher education for up to five years (consecutive or nonconsecutive) until they reach age 26. Chafee program funding is mandatory and has no year limit. The ETV program is funded through discretionary appropriations, also with no year limit.

Figure 1 summarizes the programs and the Title IV-E requirements on older youth in foster care and those leaving foster care. Any state, territory, or tribe seeking federal funding under Title IV-E must have a federally approved Title IV-E plan that meets all the requirements of the law. As discussed in Appendix B, other federal programs are intended to help current and former youth in foster care make the transition to adulthood. Federal law authorizes funding for states and local jurisdictions to provide workforce support and housing to older foster youth and youth emancipating from care. As of January 1, 2014, states must also provide Medicaid coverage to eligible young people who age out of foster care.

Federal Foster Care

this population. States must also provide Medicaid coverage to youth who age out of foster care until they reach age 26. Federal support is available to assist youth in pursuing higher education.

Figure 1. Federal Child Welfare Programs and Requirements for Older Youth in Foster Care and Leaving Foster Care

Source: Congressional Research Service (CRS), based on analysis of Title IV-E of the Social Security Act. All statutory references are to that act.

Extended Foster Care Program

Historically, states have been primarily responsible for providing child welfare services to families and children that need them. While. When a child is in out-of-home foster care, the state child welfare agency, under the supervision of the court (and in consultation with the parents or primary caretakers in some cases), serves as the child's parent and makes decisions on his or her behalf that arethe child's behalf to promote his or /her safety, permanence, and well-being.¹⁰ In most cases, the state relies on public and private entities and organizations to provide these services. The federal government plays a role in shaping state child welfare systems by providing funds and linking those funds to certain requirements.¹¹

Federal support for foster care preceded, by several decades, the creation of the foster care program under Title IV-E of the Social Security Act in 1980 (P.L. 96-272). However, the 1980 law established this support as an independent funding source for states to provide foster homes for children in foster care. The law also stressed the importance of case planning and review to achieve permanence for foster children. Title IV-E requires states to follow certain case planning and management practices for all children in care. Title IV-B of the Social Security Act, which authorizes funding for child welfare services, includes related oversight provisions.

Title IV-E Reimbursement for Foster Care¹²

Title IV-E currently reimburses states, which are linked to certain requirements under Title IV-E of the Social Security Act.¹⁰ Title IV-E requires states to follow certain case planning and management practices for all children in care (Figure 1 shows these requirements related to youth in foster care). Though not discussed in this report, Title IV-B of the Social Security Act, which authorizes funding for child welfare services, includes provisions on the oversight of children in foster care and support for families more broadly. The federal foster care program reimburses states and some territories and tribes (hereinafter, "states") for a part of the cost of providing foster care to eligible children and youth, who, because of abuse or neglect, cannot remain in their own homes and for whom a court has consequently who have been removed by the state child welfare agency due to abuse or neglect. The courts have given care and placement responsibility to the state. Under thisthe program, a state may seek partial federal reimbursement to "cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement."¹³ 11 Federal reimbursement to states under Title IV-E may be made only on behalf of a child who meets multiple federal eligibility criteria,¹⁴12 including those related to the child's removal and the income and assets of the child's family. For the purposes of this report, the most significant eligibility criteria for the federal foster care program are the child's age and placement setting. States may also seek reimbursement on behalf of Title IV-E eligible children for costs related to administration, case planning, training, and data collection.

Eligibility

Prior to FY2011, once a child reached his or her 18^th birthday, he or she was no longer eligible for federal foster care assistance under Title IV-E.¹⁵ States have had the option, as of FY2011, to seek reimbursement for the cost of providing foster care to eligible youth until age 19, 20, or 21. The Fostering Connections to Success and Increasing Adoptions Act (P.L. 110-351) made this change by inserting a definition of "child" as it pertains to older youth in care.¹⁶ This definition specifies that a state may seek reimbursement for a "child" age 18 or older who is (1) completing high school or a program leading to an equivalent credential; (2) enrolled in an institution that provides post-secondary or vocational education; (3) participating in a program or activity designed to promote, or remove barriers to, employment; or (4) employed at least 80 hours per month. States may exempt youth from these requirements due to a medical condition as documented and updated in their case plan.

In program guidance, HHS advises that states and tribes can make remaining in care conditional upon whether youth pursue certain educational or employment pathways.¹⁷ For example, extended care could be provided just to those youth enrolled in post-secondary education. Still, the guidance advises that states and tribes Beginning with FY2020, states can seek federal support for up to 12 months of (1) in-home parent skills-based programs and (2) substance abuse and mental health treatment services for any child a state determines is at "imminent risk" of entering foster care, any pregnant or parenting youth in foster care, and the parents or kin caregivers of these children. Also as of FY2020, any state electing to provide these prevention services and programs under its Title IV-E program will be entitled to receive federal funding equal to at least 50% of its cost, as long as the services and programs meet certain evidence-based standards, and the spending is above the state's maintenance of effort (MOE) level.¹³ Eligibility

Since FY2011, states have had the option to seek reimbursement for the cost of providing foster care to eligible youth until age 19, 20, or 21.¹⁴ These youth must be

• completing high school or a program leading to an equivalent credential,
• enrolled in an institution that provides post-secondary or vocational education,
• participating in a program or activity designed to promote or remove barriers to employment,
• employed at least 80 hours per month, or
• exempted by their state from these requirements due to a medical condition as documented and updated in their case plan.¹⁵

In program guidance, HHS advised that states can make remaining in care conditional upon whether youth are eligible under only specified eligibility criteria.¹⁶ For example, states could extend care only to those youth enrolled in post-secondary education. Still, the guidance advises that states should "consider how [they] can provide extended assistance to youth age 18 and older to the broadest population possible consistent with the law to ensure that there are ample supports for older youth." In other guidance, HHS has advised that youth can remain in foster care at this older age even if they are married or enlistedenlist in the military.¹⁸17

As of April 2017May 2019, HHS hashad approved Title IV-E state plans for about half of all states (23)28 states, the District of Columbia, and fivenine tribal nations to extend the maximum age of foster care.¹⁹ These 23 states are Alabama, Arkansas, California, Connecticut, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New York, North Dakota, Oregon, Pennsylvania, Tennessee, Texas, Washington, Virginia, West Virginia, and Wisconsin. The five tribal nations include Pascua Yaqui in Arizona; Eastern Band of Cherokee in North Carolina; Keweenaw Bay Indian Community in Michigan; Navajo Nation, which is in Arizona, New Mexico, and Utah; and Tolowa Dee-ni' Nation in California. (Other states extend foster care under certain circumstances; however, HHS has not approved amendments to their Title IV-E plan to allow these states to seek federal reimbursement for extended care.)²⁰

All states with approved plan amendments, except for Indiana, extend care until age 21; Indiana extends care until age 20. Except for three states (Tennessee, West Virginia, and Wisconsin) and the Eastern Band of Cherokee, jurisdictions with approved plan amendments allow youth to remain in care under the four federally funded foster care (see Figure 2).¹⁸ In general, the jurisdictions make foster care available to youth until they reach age 21 (except for Indiana, which extends foster care until age 20) and allow them to remain in care under any of the eligibility conditions specified in law (except for Tennessee, West Virginia, Wisconsin, the Eastern Band of Cherokee, and the Penobscot Indian Nation).¹⁹ A recent survey conducted by Child Trends, a nonprofit research organization, found that youth who are eligible to remain in care typically decide to leave earlier than the maximum age for foster care in their state by one to three years.²⁰

HHS has advised that young people can leave care and later return before they reach the maximum age of eligibility in the state (with certain requirements pertaining to how long youth can leave for and remain eligible for foster care maintenance payments). In addition, state and tribal child welfare agencies can choose to close the original child abuse and neglect case and reopen the case as a "voluntary placement agreement" when the young person turns 18 or if they re-enter foster care between the ages of 18 and 21.²¹ In these cases, the income eligibility for Title IV-E would be based on the young adult's income only. HHS has further advised that states can extend care to youth ages 18 to 21 even if they were not in foster care prior to 18, but are not required to do so.²²

Figure 2. States and Tribes that Extend Federal Foster Care Beyond Age 18

Source: Congressional Research Service (CRS), based on correspondence with HHS, Children's Bureau, May 2019.

Note: Indiana extends foster care to age 20, and the other states extend care to age 21. Except for three states and two tribal nations, jurisdictions with approved plan amendments allow youth to remain in care under the eligibility conditions and exempt youth from these conditions if a youth is incapable of meeting them for medical reasons. Tennessee allows youth to remain in care so long as youth are in school, or are incapable of performing these activities for medical reasons. West Virginia enables youth to remain in care if they are completing high school or completing a program leading to an equivalent credential. Wisconsin provides extended care to youth in postsecondary education who have a documented disability. The Eastern Band of Cherokee allows youth to remain in care under all of the conditions except the one related to medical reasons.

States and tribes may also provide Title IV-E subsidies on behalf of youth 18 or older (until age 19, 20, or 21, at the jurisdiction's option) who left foster care after age 16 for adoption or kinship guardianship, and meet the four eligibility conditions. This change was made by P.L. 110-351 by adding a definition of "child" to include youth up to the age of 21. Notably, HHS has advised that states can extend care to youth age 18 to 21 even if they were not in foster care prior to 18; and that young people can leave care and later return before they reach the maximum age of eligibility in the state (with certain requirements pertaining to how long youth can leave and remain eligible for foster care maintenance payments).²¹ In addition, state child welfare agencies can choose to close the original child abuse and neglect case and reopen the case as a "voluntary placement agreement" when the young person turns age 18 or if they reenter foster care between ages 18 and 21.²² In these cases, the income eligibility for Title IV-E would be based on only the young adult's income.²³

Eligible Placement Setting

Federal reimbursement of part of the costs of maintaining children in foster care may be sought only for children placed in foster family homes or child care institutions; however, youth who remain in care beyond age 18 can live in a "supervised independent living setting.²⁴ Foster family is not defined in law; a child care institution is defined as a private institution, or a public institution that accommodates no more than 25 children, and is approved or licensed by the state. States may not seek federal reimbursement of foster care costs for children who are in, and the Penobscot Indian Nation allows youth to remain in care except under the condition related to working part-time. Eligible Placement Setting Federal reimbursement of part of the costs of maintaining children in foster care may be sought only for children placed in foster family homes or child care institutions.²³ Title IV-E does not currently include a definition of "foster family"; however, as of FY2020 the following definition of "foster family home" will go into effect: the home of an individual who is licensed as a foster parent, and who is residing with and providing 24-hour substitute care for not more than six children (with some exceptions) placed in foster care in the individual's licensed home.²⁴ A "child care institution" is defined in law as a private institution, or a public institution that accommodates no more than 25 children, that is approved or licensed by the state. However, if a child in foster care is at least 18 years old, he/she may be placed in a "setting in which the individual is living independently" that meets standards established by the HHS Secretary (it does not have to meet state licensing rules). A child care institution may never include "detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent."²⁵

P.L. 110-351 directed HHS to establish in regulation what qualifies a "supervised independent living setting." In program instructions issued by HHS, the department stated that it did not have plans to issue regulations that describe the kinds of living arrangements considered to be independent living settings, how these settings should be supervised, or any other conditions for a young person to live independently. The instructions advised that states and tribes have the discretion to develop a range of supervised independent living settings that "can be reasonably interpreted as consistent with the law, including whether or not such settings need to be licensed and any safety protocols that may be needed."²⁶

States appear to allow youth age 18 and older to live in a variety of settings. For example, in Minnesota youth can live in apartments, homes, dorms, and other settings. The state has explained that it is trying to determine how best to assist youth who pursue postsecondary education out of state, given that caseworkers must continue to meet with these youth at least once a month. Youth may live with roommates, and the state does not allow youth to live with their parent(s) from whom they were removed or significant others. The state does not require independent living settings to be licensed, and each county is given discretion on how to handle background checks for roommates and any safety concerns at the independent living settingages 18 and older to live in a variety of settings. For example, Florida defines an independent living setting as a licensed foster home, licensed group home, college dormitory, shared housing, apartment, or other housing arrangement if the arrangement is approved and is acceptable to the youth, with the first choice being a licensed foster home.²⁷

Case Planning and Review

Federal child welfare provisions under Title IV-B and Title IV-E of the Social Security Act require state child welfare agencies, as a condition of receiving funding under these titles, to provide certain case management services to all children in foster care. These include monthly case worker visits to each child in foster care;²⁸ a written case plan for each child in care that documents the child's placement and steps taken to ensure theirhis/her safety and well-being, including by addressing their health and educational needs;²⁹ and procedures ensuring a case review is conducted not less often thanat least once every six months by a judge or an administrative review panel, and at least once every 12 months by a judge or administrative body who must consider the child's permanency plan of returning home or certain other outcomes specified in the law. As part of the annual hearing, the court or administrative body must ensure that the permanency plan addresses whether—and, as applicable, when—the child will be returned to his/her parents, placed for adoption (with a petition for termination of parental rights filed by the Title IV-E agency), referred for legal guardianship, or placed in another planned permanent living arrangement. A court or administrative body may determine that a child's permanency plan is "another planned permanent living arrangement" only if the Title IV-E agency documents for the court a compelling reason why every other permanency goal is not in the child's best interest.³⁰ Further, the court or administrative body conducting the hearings is to consult, in an age-appropriate manner, with the child regarding the proposed permanency plan or transition plan for the child.³¹

For youth age 14 and older, certain other provisions apply.³¹ As shown in Figure 1, certain other provisions in Title IV-E apply to youth ages 14 and older. For example, the written case plan must include a description of the programs and services that will help the child prepare for a successful transition to adulthood.³² These and related requirements, and applicable programs that apply to older youth in care, are summarized in Figure 1.

Figure 1. Federal Requirements and Programs for Older Youth in Foster Care and Leaving Care

Source: Congressional Research Service (CRS), based on Title IV-E of the Social Security Act. All statutory references are to the act.

Chafee Foster Care Independence Program

The Chafee Foster Care Independence Program (CFCIP) John H. Chafee Foster Care Program for Successful Transition to Adulthood (Chafee Program) The John H. Chafee Foster Care Program for Successful Transition to Adulthood, authorized under Section 477 of the Title IV-E of the Social Security Act, provides services to older youth in foster care and youth transitioning out of care.³³32 This section provides an overview of the program, as well as information about program eligibility, youth participation, program administration, funding, data collection, and training and technical assistance.

Overview

Legislative History

The Foster Care Independence Act of 1999 (P.L. 106-169) replaced the prior-law Independent Living Program, that was established in 1985, with1986 (P.L. 99-272). The 1999 law created the John H. Chafee Foster Care Independence Program. The 1999 lawprogram and doubled the annual mandatory funds available to states for independent living services from $70 million to $140 million.³⁴ The purposes of the program are to

• identify children (youth) who are likely to remain in foster care until age 18 and provide them with support services to help make the transition to self-sufficiency;
• assist these youth to obtain employment and prepare for and enter college or other postsecondary training or educational institutions;
• provide personal and emotional support to youth aging out of foster care through mentors and other dedicated adults;
• enhance the efforts of former foster youth ages 18 to 21 to achieve self- sufficiency through supports that connect them to employment, education, housing, and other services;
• assure that youth receiving services recognize and accept 33 It also established new purpose areas, activities to be funded, and related requirements. The program has been amended five times, to (1) add the Education and Training Voucher (ETV) program for funding higher education opportunities (P.L. 107-133), (2) expand eligibility for the Chafee and ETV programs to youth who exit foster care at age 16 or older for adoption or kinship guardianship (P.L. 110-351), (3) ensure that foster youth are informed about designating others to make health care treatment decisions on their behalf (P.L. 111-148), (4) increase funding for the Chafee program and add a purpose area about supporting activities that are developmentally appropriate (P.L. 113-183), and (5) change data collection requirements and multiple purpose areas that address program eligibility (P.L. 115-123). Purpose Areas

  The purposes of the Chafee program are to

• support all youth who have experienced foster care at age 14 or older in their transition to adulthood through transitional services such as assistance in obtaining a high school diploma and post-secondary education, career exploration, vocational training, job placement and retention, training and opportunities to practice daily living skills (such as financial literacy training and driving instruction), substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention);
• help youth who have experienced foster care at age 14 or older achieve meaningful, permanent connections with a caring adult;
• help youth who have experienced foster care at age 14 or older engage in age- or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience;
provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care youth between the ages of 18 and 21 (or up to age 23 in states that have extended foster care to age 21 using federal, state, or other funds, as determined by the HHS Secretary) to complement their own efforts to achieve self-sufficiency and to ensure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood;
• make education and training vouchers, including postsecondary training and education, available to youth who have aged out of foster care;
• provide Chafee-funded services to youth who, after attaining 16 years of age, have left foster care for kinship guardianship or adoption after turning 16; and
• ensure that youth who are likely to remain in foster care until 18 years of ageage 18 have regular, ongoing opportunities to engage in age- or developmentally appropriate activities.

Supports States may use CFCIP funding to provide services listed in the authorizing statute. CFCIP-funded services may consist of educational assistance, vocational training, mentoring, and preventive health activities, among other services. StatesChafee funding to provide supports that are described in the purpose areas and other parts of the law. They may dedicate as much as 30% of their program funding toward room and board for youth ages 18 to 21, including for those youth who are enrolled in an institution of higher education or who remain in foster care in states that provide care to youth until ages 19, 20, or 21.³⁵ (or up to age 23 in states that have extended foster care to age 21 using federal, state, or other funds, as determined by the HHS Secretary).³⁴ Room and board are not defined in statute, but they typically include food and shelter, and may include rental deposits, rent payments, utilities, and the cost of household startup purchases. CFCIPChafee funds may not be used to acquire property to provide housing to current or former foster youth.³⁶ Also, as35 As described in HHS's Child Welfare Policy Manual guidance, states may use CFCIPChafee funding to establish trust funds for youth eligible under the program.³⁷ Youth are eligible for an education and training voucher (until age 23) if they are eligible for the Chafee program. Youth who qualify for the CFCIP, including youth who left foster care at age 16 or older for kinship guardianship or adoption, are eligible for the Chafee Education and Training Voucher (ETV) Program.

Eligibility for CFCIP Benefits and Services

The CFCIP requires states to ensure that independent living programs serve children of "various ages and various stages of achieving independence" and use objective criteria for determining eligibility for benefits and services under the program. It further specifies that states are to provide services under the CFCIP for children who are "likely to remain in foster care until 18 years of age," "aging out of foster care," "and youth after attaining 16 years of age, have left foster care for kinship guardianship or adoption."

The number of youth who receive independent living program assistance with CFCIP dollars and/or other independent living dollars is collected by HHS via states through a database known as the National Youth in Transition Database (NYTD, discussed further in a following section).³⁸ Separately, states reported to HHS that they provided ETV vouchers to 16,400 youth in FY2008; 16,650 youth in FY2009; 17,400 youth in program year (PY) 2010; 17,100 youth in PY2011; 16,554 youth in PY2012; and 16,548 in PY2013.³⁹

Youth Likely to Remain in Foster Care Until Age 18

Under the former Independent Living Program, states could provide services to current foster youth ages 16 and 17 who were eligible for Title IV-E foster care maintenance payments, or to "other children in care," regardless of Title IV-E status. The law establishing the CFCIP removed reference to a minimum eligibility age and required states to provide supports to children "likely to remain in foster care" until age 18. This phrase is not defined in the act, and states are to create eligibility standards using objective criteria. States can provide services to any child age 17 and younger regardless of their placement in a kinship care home, family foster home, pre-adoptive home, or any other state-sanctioned placement so long as the child is in state custody. HHS's Child Welfare Policy Manual specifies that states are to fund independent living services for foster youth ages 16 to 18 regardless of their placement in another state.⁴⁰

A 2008 survey of independent living coordinators in 45 states (including the District of Columbia) by the Chapin Hall Center for Children at the University of Chicago found that in about half of the states (24, 53.3%), youth as young as age 14 were eligible for CFCIP-funded services. Seven states provide these services at a younger age, while 13 provide services at an older age. One state said that the age depended on the county, and another state did not report on the minimum age for services.⁴¹ Nearly all (40) of the surveyed states reported that foster youth were eligible for CFCIP-funded services regardless of their permanency plan.

Youth Aging Out of Foster Care

Prior to the enactment of the CFCIP, states had the option to serve young people who had emancipated from care until age 21. The Foster Care Independence Act requires states that receive CFCIP funds to provide independent living services to youth who have aged out of care between the ages of 18 through 21. According to HHS, this requirement does not preclude states from providing services to other former foster care youth ages 18 to 21 who exited care prior to their 18^th birthday.⁴² States can use the Chafee program to provide services for youth who left foster care at age 16 or older for kinship guardianship or adoption.

The 2008 Chapin Hall survey of 45 states found that almost half of the states (19; 42.2%) reported that former foster youth are eligible for aftercare services if they were not in care on their 18^th birthday. Slightly more states (about 21) reported that these youth could receive services if their discharge outcome was reunification, adoption, or legal guardianship.⁴³

Former foster youth continue to remain eligible for aftercare services until age 21 if they move to another state. The state in which the former foster youth resides—whether or not the youth was in foster care in that state—is responsible for providing independent living services to the eligible young person.⁴⁴

American Indian Youth

The prior federal Independent Living Program did not specify that states consult with American Indian tribes or serve Indian youth in particular. The CFCIP requires that a state must certify that each federally recognized Indian tribal organization in the state has been consulted about that state's independent living programs and that there have been efforts to coordinate the programs with these tribes. In addition, the CFCIP provides that the "benefits and services under the programs are to be made available to Indian children in the state on the same basis as to other children in the state." "On the same basis" has been interpreted by HHS to mean that the state will provide program services equitably to children in both state custody and tribal custody.⁴⁵ The importance of tribal involvement was explained by Representative J.D. Hayworth during debate of the House version of P.L. 106-169 (H.R. 1802) in June 1999, when he said that tribes are in the best position to identify the needs of tribal youth and local resources available for these young people.⁴⁶

An Indian tribe, tribal organization, or tribal consortium may apply to HHS and receive a direct federal allotment of CFCIP and/or ETV funds. To be eligible, a tribal entity must be receiving Title IV-E funds to operate a foster care program (under a Title IV-E plan approved by HHS or via a cooperative agreement or contract with the state). Successful tribal applicants are to receive an allotment amount(s) out of the state's allotment for the program(s) based on the share of all children in foster care in the state under tribal custody. Tribal entities must satisfy the CFCIP program requirements established for states, as HHS determines appropriate. They must submit a plan to HHS that details their process for consulting with the state about their independent living or ETV programs, among other information, through what is known as the Child and Family Services Plan (CFSP) and annual updates to that plan. Four tribes—Prairie Band of Potawatomi (Kansas), Santee Sioux Nation (Nebraska), Confederated Tribe of Warm Springs (Oregon), and Port Gamble S'Klallam Tribe (Washington)—receive CFCIP and ETV funds.

A state must certify that it will negotiate in good faith with any tribal entity that does not receive a direct federal allotment of child welfare funds but would like to enter into an agreement or contract with the state to receive funds for administering, supervising, or overseeing CFCIP and ETV programs for eligible Indian children under the tribal entity's authority.

The Role of Youth Participants

The CFCIP requires that states ensure youth in independent living programs participate directly in designing their own program activities that prepare them for independent living and further 36 Chafee Education and Training Vouchers

The Chafee program authorizes discretionary funding for the ETV program at $60 million annually, with no end year specified. The program is intended to provide financial support for the cost of attendance to Chafee-eligible youth enrolled at an institution of higher education, as defined by the Higher Education Act of 1965 (HEA), either on a full-time or part-time basis.³⁷ The law refers to this support as a "voucher," which must not exceed the lesser of $5,000 or the cost of attendance. Youth are eligible to receive ETVs for five years until age 26, regardless of whether they attend in consecutive years or not and are making satisfactory progress toward completion of their program.³⁸

Funding received through the ETV program does not count toward the student's expected family contribution, which is used by the federal government to determine a student's need for federal financial aid. However, the total amount of education assistance provided under the ETV program and other federal programs may not exceed the total cost of attendance, and students cannot claim the same education expenses under multiple federal programs.³⁹ The state child welfare agency is to take appropriate steps to prevent duplication of benefits under the Chafee ETV program and other federal programs, and to coordinate the program with other appropriate education and training programs. A current fiscal year's ETV funds may not be used to finance a youth's educational or vocational loans incurred prior to that year.⁴⁰

State Plan

To be eligible for Chafee and ETV funds, a state must submit a five-year plan (as part of what is known as the Child and Family Service Plan, or CFSP, and annual updates to that plan via the Annual Progress and Service Report, or APSR) to HHS that describes how it intends to carry out its Chafee-funded program.⁴¹ The plan must be submitted on or before June 30 of the calendar year in which it is to begin. States may make amendments to the plan and notify HHS within 30 days of modifying it. HHS is to make the plans available to the public.

Eligibility

The Chafee program addresses eligibility under the purpose areas and in provisions on the ETV program.⁴² The program, including the ETV program, is available to youth

• in foster care between the ages of 14 and 21;
• who aged out of foster care and are between the ages of 18 and 21 (or up to age 23 in states that extend foster care to age 21);
• who left foster care at age 16 or older for kinship guardianship or adoption until they reach age 21 (or up to age 23 in states that extend care to age 21);
• who had been in foster care between the ages of 14 and 21 and left foster care for some other reason besides aging out of foster care, kinship guardianship, or adoption; and
• who are likely to remain in foster care until age 18 years (see the purpose area about "regular, ongoing opportunities to engage in age- or developmentally appropriate activities").⁴³

The Chafee program requires states to ensure that Chafee-funded services serve children of "various ages" and in "various stages of achieving independence" and use objective criteria for determining eligibility for benefits and services under the program.⁴⁴ Former foster youth continue to remain eligible until age 21 (or age 23, if applicable) for services if they move to another state. The state in which the former foster youth resides—whether or not the youth was in foster care in that state—is responsible for providing independent living services to him/her.⁴⁵

The number of youth who receive independent living program assistance from Chafee funds and other sources (state, local, and private) is collected by HHS via states through the National Youth in Transition Database (NYTD, discussed further in "Data Collection"). In FY2017, approximately 111,700 youth received an independent living service.⁴⁶ Separately, states reported to HHS that they provided ETV vouchers to 16,400 youth in FY2008; 16,650 youth in FY2009; 17,400 youth in program year (PY) 2010; 17,100 youth in PY2011; 16,554 youth in PY2012; 16,548 youth in PY2013; 15,514 youth in PY2014, and 14,619 youth in PY2015.⁴⁷

American Indian Youth

The Chafee program requires a state to certify that each federally recognized Indian tribe in it has been consulted about the state's Chafee-funded programs and that there have been efforts to coordinate the programs with these tribal entities. In addition, the Chafee program specifies that the "benefits and services under the programs are to be made available to Indian children in the state on the same basis as to other children in the state."⁴⁸ "On the same basis" has been interpreted by HHS to mean that the state will provide program services equitably to children in both state custody and tribal custody.⁴⁹

The Role of Youth Participants The Chafee program requires states to ensure that youth in Chafee-funded programs participate directly in "designing their own program activities that prepare them for independent living" and that they "accept personal responsibility for living up to their part of the program."⁵⁰that they "accept personal responsibility for living up to their part of the program." This language builds on the positive youth development approach to serving youth.⁴⁷young people.⁵¹ Youth advocates that support this approach view youth as assets and promote the idea that youththey should be engaged in decisions about their lives and communities.

States have also taken various approaches to involving young people in decisions about the services they receive. These include annual conferences, with young people involved in conference planning and participation; youth speakers' bureaus, with young people trained and skilled in public speaking; youth or alumni assisting in the recruitment of foster and adoptive parents; and young people serving as mentors for children and youth in foster care, among other activities.⁴⁸ Most states have also established formal youth advisory boards to provide a forum for youth to become involved in issues facing youththose in care and aging out of care.⁴⁹52 Youth-serving organizations for current and former foster youth, such as Foster Club, provide an outlet for young people to become involved in the larger foster care community and advocate for other children in care.⁵³ States are not required to utilize life skills assessments or personal responsibility contracts with youth to comply with the youth participation requirement, although some states use these tools to assist youth in making the transition to adulthood.⁵⁰

54

Program Administration

States administer their independent livingChafee-funded programs in a fewmultiple ways. Some programs are overseen by the state independent living officeprogram that addresses older and former foster youth, with an independent living coordinator and other program staff. For example, in Maine the state's independent living managercoordinator oversees specialized life skills education coordinators assigned to cover all of the state's district offices for the Department of Health and Human Services district offices. In some states, like California, each county (or other jurisdiction) administers its own program with some oversight and support from a statewide program. Other states, including Florida, use contracted service providers to administer their programs. Many jurisdictions have partnered with private organizations to help fund and sometimes administer some aspect of their independent living programs. For example, the Jim Casey Youth Opportunities Initiative has provided funding and technical assistance to multiple cities to provide financial support and training to youth exiting care.⁵¹

Chafee Education and Training Vouchers

Vouchers are available for youth who qualify for the CFCIP to cover the cost of (full-time or part-time) attendance at an institution of higher education, as defined by the Higher Education Act of 1965 (HEA). HEA defines "cost of attendance" as tuition, fees, and other equipment or materials required of all students in the same course of study; books, supplies, and allowance for transportation and miscellaneous personal expenses, including computers; room and board; child care expenses for a student who is a parent; accommodations related to the student's disability that are not paid for by another source; expenses related to the youth's work experience in a cooperative education program (alternating periods of academic study and employment to give students work experience); and student loan fees or insurance premiums on the loans.⁵² HEA defines "institutions of higher education" to include traditional higher education institutions (e.g., public or private, nonprofit two- and four-year colleges and universities) as well as other postsecondary institutions (e.g., proprietary or for-profit schools offering technical training programs, and postsecondary vocational schools).⁵³

Youth are eligible to receive ETVs until age 21, except that youth receiving a voucher at age 21 may continue to participate in the voucher program until age 23 if they are enrolled in a postsecondary education or training program and are making satisfactory progress toward completion of that program. Given the age restriction, this may preclude former foster youth who delay college enrollment or are applying to graduate school from receiving the voucher.

Funding received through the ETV program does not count toward the student's expected family contribution, which is used by the federal government to determine a student's need for federal financial aid. However, the total amount of education assistance provided under the ETV program and other federal programs may not exceed the total cost of attendance, and students cannot claim the same education expenses under multiple federal programs.⁵⁴ In addition, a current fiscal year's ETV funds may not be used to finance a youth's educational or vocational loans incurred prior to that current fiscal year.⁵⁵

ETV Program Administration

The ETV program is administered by HHS, which provides funding to states to carry out the program. 55 ETV Program Administration The state with the placement and responsibility for a youth in foster care is to provide the voucher to that youth. The state must also continue to provide a voucher to any youth who is currently receiving a voucherone and moves to another state for the sole purpose of attending an institution of higher education. If a youth permanently movesmoves permanently to another state after leaving care and subsequently enrolls in a qualified institution of higher education, the state where he or she resides would provide the voucher.⁵⁶

Generally, states administer their ETV program through their independent living program. Some states, however, administer the program that addresses older and former foster youth. However, some states administer the ETV program through their financial aid office (e.g., California Student Aid Commission) or at the local level (e.g., Florida, where all child welfare programs are administered through community-based agencies). Some states contract with a nonprofit service provider, such as the Foster Care to Success or the Student Assistance Foundation.

.

States and counties may use ETV dollars to fund the vouchers and the costs associated with program administration, including for salaries, expenses, and training of staff who administer the state's voucher program. States are not permitted to use Title IV-E foster care or adoption assistance program funds for administering the ETV program.⁵⁷ They may, however,However, they may spend additional funds from state sources or other sources to supplement the ETV program or use ETV funds to expand existing postsecondary funding programs.⁵⁸ Several states have scholarship programs, tuition waivers, and grants for current and former foster youth that are funded through other sources.⁵⁹

Funding for States

Chafee and ETV funds are distributed to each state based on its proportion of the nation's children in foster care. States must provide a 20% match (in-kind or cash) to receive their full federal CFCIP and ETV allotment. CFCIP funds are often mixed with state, local, and other funding sources to provide a system of support for youth likely to age out of care and those who have emancipated. The 2008 survey of 45 states by Chapin Hall found that 31 of the states (68.9%) spend additional funds—beyond the 20% match—to provide independent living services and supports to eligible youth.⁶⁰ Of the 31 states, 22 reported that they used funds to provide services for which CFCIP dollars cannot be used.⁶¹

To be eligible for CFCIP general and ETV funds, a state must submit a five-year plan (as part of what is known as the Child and Family Service Plan (CFSP) and Annual Progress and Service Report (APSR)) to HHS that describes how it intends to carry out its independent living program. Appendix A includes the full list of certifications that the state must make when submitting its plan. The plan must be submitted on or before June 30 of the calendar year in which the plan is to begin. States may make amendments to the plan and notify HHS within 30 days of modifying the plan. HHS is to make the plans available to the public.

CFCIP and ETV funds are distributed to each state based on its proportion of the nation's children in foster care. Appendix B provides the CFCIP and ETV allotments for each state (and for a small number of tribes) in FY2016 and FY2017.

Hold Harmless Provision

The CFCIP includes a "hold harmless" clause that precludes any state from receiving less than the amount of general independent living funds it received under the former independent living program in FY1998 or $500,000, whichever is greater. There is no hold harmless provision for ETV funds. The general funding for independent living services doubled nationally with the enactment of the CFCIP; however, the percentage change in funds received varies across states. This is because the distribution of funding was changed to reflect the most current state share of the national caseload (instead of their share of the 1984 caseload in all previous years).

Unused Funds

States have two fiscal years to spend their CFCIP and ETV funds. If a state does not apply for all of its allotment, the remaining funds may be redistributed among states that need these funds as determined by HHS. If a state applies for all of its CFCIP allotted funds but does not spend them within the two-year time frame, the unused funds revert to the federal Treasury. Table C-1 in Appendix C shows the percentage and share of funds returned for both programs from FY2005 through FY2014, as well as a list of jurisdictions that have returned these funds.

Training and Technical Assistance

Until FY2015, training and technical assistance grants for the CFCIP and the ETV program were awarded competitively every five years, with non-competitive grants renewed annually with this period. The most recent cooperative agreement under the old system was madeChafee and ETV allotment.⁶⁰ The Chafee program includes a "hold harmless" clause that precludes any state from receiving less than the amount of general independent living funds it received under the former independent living program in FY1998 or $500,000, whichever is greater. There is no hold harmless provision for ETV funds. States may use Chafee and ETV funds to supplement, and not supplant, any other funds that are available for the types of activities authorized under the Chafee program. Territories with an approved Title IV-E plan may also apply for Chafee funding. Currently, Puerto Rico and the U.S. Virgin Islands have approved plans.

An Indian tribe, tribal organization, or tribal consortium may apply to HHS and receive a direct federal allotment of Chafee and/or ETV funds.⁶¹ To be eligible, a tribal entity must be receiving Title IV-E funds to operate a foster care program under a Title IV-E plan approved by HHS or via a cooperative agreement or contract with the state. Successful tribal applicants receive an allotment amount(s) out of the state's allotment for the program(s) based on the share of all children in foster care in the state under tribal custody. Tribal entities must satisfy the Chafee program requirements established for states, as HHS determines appropriate.

Four tribes—the Prairie Band of Potawatomi (Kansas), Santee Sioux Nation (Nebraska), Confederated Tribe of Warm Springs (Oregon), and Port Gamble S'Klallam Tribe (Washington)—receive Chafee and ETV funds. A state must certify that it will negotiate in good faith with any tribal entity that does not receive a direct federal allotment of child welfare funds but would like to enter into an agreement or contract with the state to receive funds for administering, supervising, or overseeing Chafee and ETV programs for eligible Indian children under the tribal entity's authority.

Appendix B provides the Chafee and ETV allotments for each state, four tribes, Puerto Rico, and the U.S. Virgin Islands in FY2018 and FY2019. Though not shown in the table, Chafee funds are often combined with state, local, and other funding sources.⁶² Unused Funds States and tribes have two fiscal years to spend their Chafee and ETV funds. If a jurisdiction does not apply for all of its allotment, the remaining funds may be redistributed among states that need these funds as determined by HHS. Table A-2 shows the percentage and share of funds returned for both programs from FY2005 through FY2014, as well as a list of jurisdictions that have returned these funds. FY2014 is the most recent year available.⁶³

HHS was recently given authority to reallocate funds that are not spent within the two-year period to states and tribes that apply for the funding.⁶⁴ If funds are reallocated, the statute specifies that the funds should be redistributed among the states and tribes that apply for any unused funds, provided HHS determines the state or tribe would use the funds according to the program purposes. Further, HHS is directed to allocate the funds based on the share of children in foster care among the states and tribes that successfully apply for the unused funds. Any unspent funds can be made available to the applying states or tribes in the second fiscal year following the two-year period in which funds were originally awarded. Any redistributed funds are considered part of the state's or tribe's allotment for the fiscal year in which the redistribution is made.

Training and Technical Assistance Training and technical assistance grants for the Chafee and ETV programs had been awarded competitively every five years, most recently for FY2010 through FY2014. The National Child Welfare Resource Center for Youth Development (NCWRCYD), housed at the University of Oklahoma, provided assistance under the grant. Beginning with FY2015, HHS has operated the Child Welfare Capacity Building Collaborative. HHS has contracted via a contract with ICF International, a policy management organization, to provide training and technical assistance on a number of child welfare issues, including youth development.⁶²

National Youth in Transition Database (NYTD)

The CFCIP requires65 Data Collection The Chafee program required that HHS consult with state and local public officials responsible for administering independent living and other child welfare programs, child welfare advocates, Members of Congress, youth service providers, and researchers to (1) "develop outcome measures (including measures of educational attainment, high school diploma, avoidance of dependency, homelessness, non-marital childbirth, incarceration, and high-risk behaviors) that can be used to assess the performance of states in operating independent living programs"; (2) identify the data needed to track the number and characteristics of children receiving services, the type and quantity of services provided, and state performance on the measures; and (3) develop and implement a plan to collect this information beginning with the second fiscal year after the passage of the law establishing the CFCIP.

Chafee law was enacted in 1999. In response to these requirements, HHS created the National Youth in Transition Database (NYTD). The final rule establishing the NYTD became effective April 28, 2008, and it required states to report data on youth beginning in FY2011.⁶³66 HHS uses NYTD to engage in two data collection and reporting activities.⁶⁴67 First, states collect demographic data and information about receipt of services on eligible youth who currently receive independent living services. This includes youth regardless of whether they continue to remain in foster care, were in foster care in another state, or received child welfare services through an Indian tribe or privately operated foster care program. Second, states track information on outcomes of foster youth on or about their 17^th birthday, two years later on or aboutaround their 19^th birthday, and again on or aboutaround their 21^st birthday.

Consistent with the statutory requirement developed by Congress in the CFCIP authorizing statuteauthorizing statute for the Chafee program, HHS is to penalize any state not meeting the data collection procedures for the NYTD from 1% to 5% of its annual Chafee fund allotment, which includes any allotted or re-allotted funds for the general CFCIPChafee program only. The penalty amount is to be withheld from athe current fiscal year award of the funds. HHS is to evaluate a state's data file against data compliance standards, provided by statute. However, states have the opportunity to submit corrected data.⁶⁵

Evaluation of Innovative Independent Living Programs

Research is limited on the efficacy of independent living and related programs for youth in and aging out of foster care. The CFCIP provides that HHS is to conduct evaluations of independent living programs funded by the CFCIP deemed to be innovative or of national significance. The law reserves 1.5% of total CFCIP funding annually for these evaluations, as well as CFCIP-related technical assistance, performance measurement, and data collection. HHS conducted an evaluation of promising independent living programs, and is in the process of identifying new ways of conducting research in this area.

68 The text box indicates new information that HHS must report to Congress.

HHS Report Due to Congress by October 1, 2019 As amended in 2018 (P.L. 115-123), the Chafee law requires that the HHS Secretary submit a report to the House Ways and Means Committee and Senate Finance Committee that includes information on the experiences and outcomes of current and former foster youth, drawn from NYTD and any other data or databases in which states report relevant outcome measures. The report must (1) compare factors related to entry into foster care and experiences (e.g., length of stay, number of placement settings, case goal, and discharge reason) in care of 17-year olds who are surveyed by NYTD and those for children who left care before age 17; (2) describe the characteristics of individuals who report poor outcomes at ages 19 and 21 to NYTD; (3) offer benchmarks for determining what constitutes poor outcomes for youth who remain in or have exited care, along with the plans of the executive branch to use those benchmarks in evaluating child welfare agency services to youth transitioning from foster care; (4) analyze the association between selected factors (type of placement, number of overall placements, and other factors) and outcomes at ages 19 and 21; and (5) analyze the differences among states in outcomes for children in and formerly in foster care at age 19 and 21. Source: Section 477(f)(2) of the Social Security Act.

Evaluation of Chafee-Funded Services

The authorizing statute for the Chafee program requires HHS to conduct evaluations of state (or tribal) programs funded by the Chafee program deemed to be "innovative or of national significance."⁶⁹ The law reserves 1.5% of total Chafee funding annually for these evaluations, as well as related technical assistance, performance measurement, and data collection. HHS conducted an evaluation of promising independent living programs from approximately 2007 to 2012, and is in the process of identifying new ways of conducting research in this area.

Multi-Site Evaluation of Foster Youth Programs

For the initial evaluation, HHS contracted with the Urban Institute and its partners to conduct what is known as the Multi-Site Evaluation of Foster Youth Programs.⁶⁶70 The goal of the evaluation was to determine the effects of independent living programs funded by the CFCIPChafee authorizing statute in achieving key outcomes, including increased educational attainment, higher employment rates and stability, greater interpersonal and relationship skills, reduced non-marital pregnancy and births, and reduced delinquency and crime rateslaw in achieving key outcomes related to the transition to adulthood. HHS and the evaluation team initially conducted an assessment to identify state and local programs that could be evaluated rigorously, through random assignment to treatment and control groups, as required under the law. Their work is the first to involve random assignment of programs for this population.

The evaluation team examined four programs in California and Massachusetts—an employment services program in Kern County, CA; a one-on-one intensive, individualized life skills program in Massachusetts; and a classroom-based life skills training program and a tutoring/mentoring program, both in Los Angeles County, CA. The evaluation of the Los Angeles and Kern County programs found no statistically significant impacts as a result of the interventions; however, the life skills program in Massachusetts, known as Outreach, showed impacts for some of the education outcomes that were measured.

The Massachusetts program is known as the Massachusetts Adolescent Outreach Program for Youth in Intensive Foster Care, or Outreach.⁶⁷ Outreach 71 The Outreach program assists youth who enroll voluntarily in preparing to live independently and in having permanent connections to caring adults upon exiting care. Outreach youth were more likely than their counterparts in the control group to report having ever enrolled in college and they were more likely to staystaying enrolled. Outreach youth were also more likely to experience outcomes that were not a focus of the evaluation: these youth were more likely to remain in foster care and to report receiving more help in some areas of educational assistance, employment assistance, money management, and financial assistance for housing. In short, the Outreach youth may have been less successful on the educational front if they had not stayed in care. Youth in the program reported similar outcomes as the control group for multiple other measures, including in employment, economic well-being, housing, delinquency, pregnancy, or preparedness for various tasks associated with living on one's ownand pregnancy.

Emerging Research

HHS has contracted with the Urban Institute and Chapin Hall for additional research on the Chafee program. Citing the lack of experimental research in child welfare, the research team is examining various models in other policy areas that could be used to better understand promising approaches of working with older youth in care and those transitioning from care. Researchers have identified a conceptual framework that takes into account the many individual characteristics and experiences that influence a youth's ability to transition successfully into adulthood. The research team has also classified the various types of programs that foster youth could access to help in the transition, and the extent to which they are ready to be evaluated.⁷² In addition, researchers have published a series of briefs that discuss outcomes and programs for youth in foster care in the areas of education, employment, and financial literacy. The briefs discuss that few programs have impacts for foster youth in these areas. The briefs also address issues to consider when designing and evaluating programs for youth in care.⁷³ Appendix A. Funding for the John H. Chafee Foster Care (Chafee) Program for Successful Transition to Adulthood and Education and Training Voucher (ETV) Program Table A-1. Chafee General and ETV Program Allotments by State, Territory, and Tribe, FY2018 and FY2019

(Funding in nominal dollars; excludes funding for Chafee technical assistance and ETV set-asides)

 

FY2018 Chafee

FY2018 ETV

FY2018 Total

FY2019 Chafee

FY2019 ETV

FY2019 Total

States and Territories

Alabama

$1,483,155

$491,924

$1,975,079

$1,627,874

$539,508

$2,167,382

Alaska

827,725

274,535

1,102,260

799,627

265,012

1,064,639

Arizona

5,024,470

1,666,487

6,690,957

4,250,169

1,432,926

5,683,095

Arkansas

1,432,376

475,082

1,907,458

1,380,700

457,591

1,838,291

California

16,051,126

5,323,742

21,374,868

14,984,388

4,966,114

19,950,502

Colorado

1,682,748

558,124

2,240,872

1,648,977

546,503

2,195,480

Connecticut

1,209,007

400,997

1,610,004

1,195,393

396,176

1,591,569

Delaware

500,000

75,935

575,935

500,000

75,403

575,403

District of Columbia

1,091,992

80,413

1,172,405

1,091,992

71,954

1,163,946

Florida

6,988,703

2,317,972

9,306,675

7,123,500

2,360,866

9,484,366

Georgia

3,634,067

1,205,326

4,839,393

3,800,395

1,259,524

5,059,919

Hawaii

500,000

156,251

656,251

500,000

153,967

653,967

Idaho

500,000

147,782

647,782

500,000

152,626

652,626

Illinois

4,729,483

1,568,647

6,298,130

4,605,225

1,526,261

6,131,486

Indiana

5,822,550

1,961,998

7,784,548

6,043,166

2,002,822

8,045,988

Iowa

1,762,293

584,507

2,346,800

1,720,672

570,264

2,290,936

Kansas

2,132,779

707,388

2,840,167

2,228,998

738,733

2,967,731

Kentucky

2,292,976

760,521

3,053,497

2,338,459

775,011

3,113,470

Louisiana

1,358,131

454,830

1,812,961

1,358,131

427,315

1,785,446

Maine

565,888

178,837

744,725

565,888

151,764

717,652

Maryland

1,238,095

373,932

1,612,027

1,238,095

375,864

1,613,959

Massachusetts

3,202,593

1,062,217

4,264,810

3,156,589

1,046,155

4,202,744

Michigan

4,171,796

1,208,785

5,380,581

4,171,796

1,141,869

5,313,665

Minnesota

2,580,919

856,024

3,436,943

2,790,020

924,667

3,714,687

Mississippi

1,610,248

534,078

2,144,326

1,572,657

521,209

2,093,866

Missouri

3,641,992

1,207,955

4,849,947

3,581,841

1,187,092

4,768,933

Montana

987,986

327,690

1,315,676

1,113,868

369,158

1,483,026

Nebraska

1,165,707

497,033

1,662,740

1,200,974

398,026

1,599,000

Nevada

1,247,752

413,847

1,661,599

1,274,314

422,333

1,696,647

New Hampshire

500,000

118,771

618,771

500,000

142,374

642,374

New Jersey

2,297,848

635,033

2,932,881

2,297,848

569,689

2,867,537

New Mexico

766,086

254,091

1,020,177

768,116

254,568

1,022,684

New York

11,585,958

1,918,144

13,504,102

11,585,958

1,840,807

13,426,765

North Carolina

3,059,943

1,014,904

4,074,847

3,095,012

1,025,747

4,120,759

North Dakota

500,000

136,976

636,976

500,000

143,237

643,237

Ohio

4,028,558

1,336,168

5,364,726

4,325,096

1,433,421

5,758,517

Oklahoma

2,954,863

980,051

3,934,914

2,692,019

892,187

3,584,206

Oregon

2,191,535

726,876

2,918,411

2,258,775

748,601

3,007,376

Pennsylvania

4,721,558

1,566,018

6,287,576

4,883,041

1,618,335

6,501,376

Puerto Rico

1,251,568

415,113

1,666,681

1,312,186

434,884

1,747,070

Rhode Island

500,000

176,426

676,426

533,663

176,866

710,529

South Carolina

1,164,685

386,296

1,550,981

1,168,218

387,170

1,555,388

South Dakota

500,000

137,852

637,852

500,000

153,584

653,584

Tennessee

2,445,899

811,242

3,257,141

2,474,043

819,946

3,293,989

Texas

9,022,209

2,992,433

12,014,642

9,294,287

3,080,307

12,374,594

Utah

831,835

275,898

1,107,733

853,975

283,024

1,136,999

Vermont

500,000

128,798

628,798

500,000

121,679

621,679

Virgin Islands

500,000

18,302

518,302

500,000

18,012

518,012

Virginia

1,435,312

476,056

1,911,368

1,386,193

459,411

1,845,604

Washington

3,200,278

804,710

4,004,988

3,267,532

1,082,924

4,350,456

West Virginia

1,753,192

581,489

2,334,681

1,917,543

635,511

2,553,054

Wisconsin

2,166,763

718,659

2,885,422

2,232,075

739,753

2,971,828

Wyoming

500,000

96,671

596,671

500,000

103,954

603,954

Total for States and Territories

137,814,647

42,579,836

180,394,483

137,709,288

42,422,704

180,131,992

Tribal Entities  

AZ Pascua Yaqui Tribe

0

0

0

21,727

7,201

28,928

AZ Salt River

0

0

0

73,436

0

73,436

CA Tolowa Dee-ni Nation

0

0

0

10,496

3,479

13,975

KS Prairie Band of Potawatomi

10,502

3,483

13,985

12,327

4,086

16,413

NE Santee Sioux Nation

11,894

3,945

15,839

11,764

3,899

15,663

OR Confederated Tribe of Warm Springs

46,552

15,440

61,992

45,862

15,200

61,062

WA Port Gamble S'Klallam Tribe

16,405

5,441

21,846

15,100

5,004

20,104

Total for Tribes

85353

28,309

113,662

190,712

38,869

229,581

Total for States, Territories, and Tribes

youth's ability to transition successfully into adulthood, as well as trauma from maltreatment and other experiences that may influence this transition.⁶⁸ In addition, researchers have published a series of briefs that discuss outcomes and programs for youth in foster care in the areas of education, employment, and financial literacy. The briefs discuss that few programs have impacts for foster youth in these areas. The briefs also address issues to consider when designing and evaluating programs for youth in care.⁶⁹

Related Research

Related research, conducted by the social research organization MDRC, has used random assignment to evaluate whether an independent living program for youth who were formerly in care (or the juvenile justice system) in Tennessee has promising outcomes. The program, YVLifeSet at Youth Villages, provides intensive, individualized case management provided by a case manager who has eight clients. Over a nine-month period, youth receive support for employment, education, housing, mental or physical health, and life skills. The evaluation of youth outcomes after one year following their enrollment in the study found that compared to their peers, youth who had been randomly assigned to the program had greater earnings, increased housing stability and economic well-being, and some improved outcomes related to health and safety. These youth did not have improved outcomes in the areas of education, social support, or criminal involvement.⁷⁰

Other Federal Support for Older Current and Former Foster Youth

In addition to the federal programs under Title IV-E, other federal programs provide assistance to older current and former foster youth. This section describes a Medicaid pathway for certain former foster youth; educational, workforce, and housing supports; and a grant to fund training for child welfare practitioners working with older foster youth and youth emancipating from care.

Medicaid⁷¹

In the Foster Care Independence Act that established the Chafee Foster Care Independence program, Congress encouraged states to provide Medicaid coverage to children who were aging out of the foster care system. The law created a new optional Medicaid eligibility pathway for "independent foster care adolescents"; this pathway is often called the "Chafee option."⁷² The law further defined these adolescents as individuals under the age of 21 who were in foster care under the responsibility of the state on their 18^th birthday. Within this broadest category of independent foster care adolescents, the law permits states to restrict eligibility based on the youth's income or resources, and whether or not the youth had received Title IV-E funding.

As of late 2012, more than half (30) of all states had extended the Chafee option to eligible youth. Of these states, five reported requiring youth to have income less than a certain level of poverty (180% to 400%). Four states permitted youth who were in foster care at age 18 in another state to be eligible under the pathway. States also reported whether the youth is involved in the process for enrolling under the Chafee option. In 15 states, youth are not directly involved in the enrollment process. For example, some states automatically enroll youth. In the other 15 states, youth are involved in enrollment with assistance from their caseworker or they enroll on their own. Most states that have implemented the Chafee option require an annual review to verify that youth continue to be eligible for Medicaid. States generally have a hierarchy to determine under which pathway youth qualify. For example, in most states, youth who qualify for the Chafee option and receive Supplemental Security Income (SSI) would be eligible for Medicaid under the SSI Medicaid pathway.⁷³

As of January 1, 2014, certain former foster youth are eligible for Medicaid under a specific mandatory pathway created for this population in the Affordable Care Act (ACA). Former foster youth are eligible if they meet the following requirements:

• are under 26 years of age;
• were not eligible or enrolled under existing Medicaid mandatory eligibility groups, or described in any of the existing Medicaid mandatory eligibility groups, but have income that exceeds the upper income eligibility limit established under any such group;
• were in foster care under the responsibility of the state on the date of attaining 18 years of age (or 19, 20, or 21 years of age if the state extends federal foster care to that older age); and
• were enrolled in the Medicaid state plan or under a Medicaid waiver while in foster care.

The ACA specifies that income and assets are not considered when determining eligibility for the new eligibility group of former foster care youth. Youth age 18 and older who were formerly in care and do not qualify under the pathway for former foster youth may be eligible for Medicaid under other mandatory pathways available to adults generally. For example, if former foster youth meet certain income and other criteria, they may qualify under the pathways available to low-income pregnant women and adults with disabilities who are eligible for SSI.

As of the date of this report, the Centers for Medicare and Medicaid Services (CMS) had not issued a final rule with regard to the new Medicaid eligibility group for former foster youth who aged out of foster care. However, in January 2013 it proposed rules for this group and in December 2013 it provided some clarifying guidance. This guidance notes that any youth who was in foster care—as that term is defined in federal child welfare regulations—may qualify for the new former foster youth Medicaid eligibility group. This includes youth who were in the care and placement responsibility of a state or tribal child welfare agency without regard to whether the youth received Title IV-E assistance or were placed in licensed or unlicensed foster care living arrangements. Additionally, the proposed rule interpreted the law to mean that a youth must be enrolled in Medicaid at the time he or she ages out of foster care (as opposed to at any time while the child was in foster care).

The subsequent guidance also explained that states have flexibility in determining the process for verifying that youth were in foster care receiving Medicaid at age 18 (or a later age if applicable), and may allow youth to attest to this themselves. Separately, the subsequent guidance clarified that individuals who would qualify for Medicaid under both the group for former foster youth and the low-income adult category must be enrolled under the group for former foster youth.

HHS advised that the new Medicaid option does not completely supersede the Chafee pathway. For example, states may continue to use this pathway to cover any youth who turned age 18 in foster care and were not enrolled in Medicaid.⁷⁴ The guidance further advised that states are not required to cover eligible foster youth who aged out of care in another state; however, CMS signaled that it would approve state plan amendments to cover these youth. In addition, youth are eligible if they were in foster care at age 18 prior to January 2014, and meet the other eligibility criteria.⁷⁵

Former foster youth may also qualify for Medicaid through other eligibility pathways available to certain groups of adults, such as for pregnant women with family income equal to or less than 133% of the federal poverty limit (FPL), some low-income adults with children, and some adults with high medical expenses (i.e., "medically needy"). These youth may also be eligible for Medicaid or CHIP coverage through waivers, known as Section 1115 waivers, which provide comprehensive coverage to categorically ineligible adults with incomes up to at least 100% of the FPL.

Educational Support

Federal funding and other supports for current and former foster youth are in place to help these youth aspire to, pay for, and graduate from college. The Higher Education Act (HEA) authorizes financial aid and support programs that target this population, among other vulnerable populations. ⁷⁶

Federal Financial Aid

For purposes of applying for federal financial aid, a student's expected family contribution (EFC) is the amount, according to the federal need analysis methodology, that can be expected to be contributed by a student and the student's family toward his or her cost of education. Certain groups of students are considered "independent," meaning that only the income and assets of the student are counted.⁷⁷ Individuals under age 24 who are or were orphans, in foster care, or wards of the court at age 13 or older are eligible to apply for independent student status.⁷⁸ The law does not specify the length of time that the youth must have been in foster care or the reason for exiting as factors for eligibility to claim independent status; however, the federal financial aid form, known as the Free Application for Federal Student Aid (FAFSA), instructs current and former foster youth that the financial aid administrator at their school may require the student to provide proof that they were in foster care.

The FY2014 appropriations law (2014, P.L. 113-76) amended the Higher Education Act to direct the Department of Education (ED) to modify the FAFSA form so that it includes a box for applicants to identify whether they are or were in foster care, and to require ED to provide these applicants with information about federal educational resources that may be available to them.⁷⁹

TRIO Programs

The Higher Education Act (HEA) authorizes services, including housing services, among other related supports, specifically for youth in foster care or recently emancipated youth.⁸⁰ The act provides that youth in foster care, including youth who have left foster care after reaching age 16, and homeless children and youth are eligible for what are collectively called the federal TRIO programs. The programs are known individually as Talent Search, Upward Bound, Student Support Services, Educational Opportunity Centers, and McNair Postbaccalaureate. The TRIO programs are designed to identify potential postsecondary students from disadvantaged backgrounds, prepare these students for higher education, provide certain support services to them while they are in college, and train individuals who provide these services. HEA directs the Department of Education (ED), which administers the programs, to (as appropriate) require applicants seeking TRIO funds to identify and make available services, including mentoring, tutoring, and other services, to these youth.⁸¹ In addition, HEA authorizes services for current and former foster youth (and homeless youth) through Student Support Services—a program intended to improve the retention and graduation rates of disadvantaged college students—that include temporary housing during breaks in the academic year.⁸² TRIO funds are awarded by ED on a competitive basis. In FY2017, Congress appropriated $900 million to TRIO programs.⁸³

Separately, HEA allows additional uses of funds through the Fund for the Improvement of Postsecondary Education (FIPSE) to establish demonstration projects that provide comprehensive support services for students who were in foster care (or homeless) at age 13 or older.⁸⁴ FIPSE is a grant program that seeks to support the implementation of innovative educational reform ideas and evaluate how well they work. As specified in the law, the projects can provide housing to the youth when housing at an educational institution is closed or unavailable to other students. Congress appropriated $67.8 million to FIPSE for FY2015; no funds were appropriated for FY2016 or FY2017.⁸⁵

Workforce Support

Workforce Innovation and Opportunity Act Programs

The Workforce Innovation and Opportunity Act (WIOA) authorizes job training programs to unemployed and underemployed individuals through the Department of Labor (DOL). Two of these programs—Youth Activities and Job Corps—provide job training and related services to targeted low-income vulnerable populations, including foster youth.⁸⁶ The Youth Activities program focuses on preventive strategies to help in-school youth stay in school and receive occupational skills, as well as on providing training and supportive services, such as assistance with child care, for out-of-school youth.⁸⁷ Job Corps is an educational and vocational training program that helps students learn a trade, complete their GED, and secure employment. To be eligible, foster youth must meet age and income criteria as defined under the act. Young people currently or formerly in foster care may participate in both programs if they are ages 14 to 24.⁸⁸ In FY2017, Congress appropriated $873 million to Youth Activities and $1.7 billion to Job Corps.⁸⁹

Housing Support

Family Unification Vouchers Program

Current and former foster youth may be eligible for housing subsidies provided through programs administered by the Department of Housing and Urban Development's (HUD's) Family Unification Vouchers program (FUP vouchers). The FUP vouchers were initially created in 1990 under P.L. 101-625 for families that qualify for Section 8 tenant-based assistance and for whom the lack of adequate housing is a primary factor in the separation, or threat of imminent separation, of children from their families or in preventing the reunification of the children with their families.⁹⁰ Amendments to the program in 2000 under P.L. 106-377 made youth ages 18 to 21 who left foster care at age 16 or older eligible for the vouchers for up to 18 months. The Housing Opportunity Through Modernization Act (P.L. 114-201), enacted in July 2016, extended the upper age of eligibility for FUP vouchers, from 21 to 24, for youth who emancipated from foster care. It also extended assistance under the program for these youth from 18 to 36 months and allows the voucher assistance to begin 90 days prior to a youth leaving care because they are aging out. It also requires HUD, after consulting with other appropriate federal agencies, to issue guidance to improve coordination between public housing agencies, which administer the vouchers, and child welfare agencies. The guidance must address certain topics, including identifying eligible recipients for FUP vouchers, coordinating with other local and family providers participating in the Continuum of Care,⁹¹ implementing housing strategies to assist eligible families and youth, aligning system goals to improve outcomes for families and youth, and identifying child welfare resources and supportive families for families and youth.

FUP vouchers were initially awarded from 1992 to 2001. Over that period, approximately 39,000 vouchers were distributed.⁹² Each award included five years of funding per voucher and the voucher's use was restricted to voucher-eligible families for those five years. At the end of those five years, PHAs were eligible to convert FUP vouchers to regular Section 8 housing vouchers for low-income families. While the five-year use restrictions have expired for all family unification vouchers, some PHAs may have continued to use their original family unification vouchers for FUP-eligible families and some may have chosen to use some regular-purpose vouchers for FUP families. Congress appropriated $20 million for new FUP vouchers in each of FY2008 and FY2009; $15 million in FY2010; and $10 million in FY2017.⁹³ Congress has specified that amounts made available under Section 8 tenant-based rental assistance and used for the FUP vouchers are to remain available for the program.

A 2014 report on the FUP program examined the use of FUP vouchers for foster youth. The study was based on a survey of PHAs, a survey of child welfare agencies that partnered with PHAs that served youth, and site visits to four areas that use FUP to serve youth. The survey of PHAs showed that slightly less than half of PHAs operating FUP had awarded vouchers to former foster youth in the 18 months prior to the survey. PHAs reported that youth were able to obtain a lease within the allotted time, and many kept their leases for the full 18-month period they were eligible for the vouchers. In addition, 14% of total FUP program participants qualified because of their foster care status. According to the study, this relatively small share was due to the fact that less than half of PHAs were serving youth, and these PHAs tended to allocate less than one-third of their vouchers to youth. PHAs that provide FUP vouchers indicated that they most often did not provide them to youth due to a lack of referrals. In addition, about half of child welfare agencies working with PHAs reported that they do not refer all FUP-eligible youth they identify. This may be due to the financial burden of providing youth with supportive services, as required under the law. Of the child welfare agencies working with PHAs, 40% indicated that cost was somewhat a challenge or a major challenge in referring youth. Child welfare agencies also reported concerns that the FUP vouchers do not necessarily lead to permanency for these youth and that the 18-month time limit is too short.⁹⁴

Other Support

Older current and former foster youth may be eligible for housing services and related supports through the Runaway and Homeless Youth program, administered by HHS.⁹⁵ The program is comprised of three subprograms: the Basic Center program (BCP), which provides short-term housing and counseling to youth up to the age of 18; the Transitional Living program (TLP), which provides longer-term housing and counseling to youth ages 16 through 22; and the Street Outreach program (SOP), which provides outreach and referrals to youth who live on the streets. Youth transitioning out of foster care may also be eligible for select transitional living programs administered by HUD, though the programs do not specifically target these youth.

The Foreclosure Prevention Act of 2008 (P.L. 110-289) was signed into law on July 30, 2008, and enables owners of properties financed in part with Low-Income Housing Tax Credits (LIHTCs) to claim as low-income units those occupied by low-income students who were in foster care. Owners of LIHTC properties are required to maintain a certain percentage of their units for occupancy by low-income households; students (with some exceptions) are not generally considered low-income households for this purpose. The law does not specify the length of time these students must have spent in foster care nor require that youth are eligible only if they emancipated.

Appendix A. State Plan Requirements Under the Chafee Foster Care Independence Program (CFCIP)

To receive funds under the CFCIP, a state must describe in its CFCIP plan how it will

• design and deliver programs to achieve the program purposes;
• ensure statewide, although not necessarily uniform, coverage by the program;
• ensure that the programs serve children of various ages and at various stages of achieving independence;
• involve the public and private sectors in helping adolescents in foster care achieve independence;
• use objective criteria for determining eligibility for and ensuring fair and equitable treatment of benefit recipients; and
• cooperate in national evaluations of the effects of the programs in achieving the purpose of the CFCIP.

The state must also certify that it will

• provide assistance and services to eligible former foster youth;
• use room and board payments only for youth ages 18 to 21;
• expend not more than 30% of CFCIP funds on room and board for youth ages 18 to 21;
• use funding under the Title IV-E Foster Care program and Adoption Assistance program (but not the CFCIP) to provide training to help foster parents and others understand and address the issues confronting adolescents preparing for independent living and coordinate this training, where possible, with independent living programs;
• consult widely with public and private organizations in developing the plans and give the public at least 30 days to comment on the plan;
• make every effort to coordinate independent living programs with other youth programs at the local, state, and federal levels, including independent living projects funded under the Juvenile Justice and Delinquency Prevention Act, abstinence education programs, local housing programs, programs for disabled youth, and school-to-work programs offered by high schools or local workforce agencies;
• consult each Indian tribe about the programs to be carried out under the plan, ensure that there have been efforts to coordinate the programs with such tribes, and ensure that benefits and services under the programs will be made available to Indian children in the state on the same basis as other children in the state (beginning in FY2010, states must also negotiate in good faith with any tribal entity that does not receive a direct federal allotment of child welfare funds but would like to enter into an agreement or contract with the state to receive funds for administering, supervising, or overseeing CFCIP and ETV programs for eligible Indian children under the tribal entity's authority);
• ensure that eligible youth participate directly in designing their own program activities that prepare them for independent living and that they accept personal responsibility for living up to their part of the program;
• establish and enforce standards and procedures to prevent fraud and abuse in the programs carried out under its plan;
• ensure that the ETV program complies with the federal program requirements, including that (1) the total amount of education assistance to a youth provided through the ETV program and under other federal and federally supported programs does not exceed the total cost of attendance, and (2) it does not duplicate benefits under the CFCIP or other federal or federally assisted benefit programs; and
• ensure that eligible youth receive education about (1) the importance of designating an individual to make health care treatment decisions for them (should they become unable to do so, have no relatives authorized under state law to do so, or do not want relatives to make those decisions); (2) whether a health care power of attorney, health care proxy, or other similar document is recognized under state law; and (3) how to execute such a document.

Appendix B. Funding for the Chafee Foster Care Independence Program (CFCIP) and Education and Training Voucher (ETV) Program

Appendix C. Funding Returned to the Treasury for the Chafee Foster Care Independence Program (CFCIP) and Education and Training Voucher (ETV) Program

Footnotes

$2,989,810(2.2%) $1,561,711 (3.7%) $3,185,046(2.3%) $2,363,854 (5.6%) Appendix B. Other Federal Support for Older Current and Former Foster Youth

In addition to the child welfare programs under Title IV-E of the Social Security Act, other federal programs provide assistance to older current and former foster youth. This appendix describes Medicaid pathways for foster youth who emancipated; educational, workforce, and housing supports; and a grant to fund training for child welfare practitioners working with older foster youth and youth emancipating from care.

Medicaid⁷⁴

The Centers for Medicare and Medicaid Services (CMS) at HHS administers Medicaid, a federal-state health program jointly financed by HHS and the states. Medicaid law provides for mandatory and optional pathways for youth who have aged out of foster care.

Mandatory Pathway

As of January 1, 2014, certain former foster youth are eligible for Medicaid under a mandatory pathway created for this population in the Affordable Care Act (ACA, P.L. 111-148).⁷⁵ Former foster youth are eligible if they

• were "in foster care under the responsibility of the State" upon reaching age 18 (or up to age 21 if the state extends federal foster care to that age);
• were enrolled in Medicaid while in foster care; and
• are not eligible or enrolled in other mandatory Medicaid coverage groups.

The ACA specifies that income and assets are not considered when determining eligibility for this group. Nonetheless, foster youth with annual incomes above a certain level may be required to share in the costs of their health care.

In addition to the law, CMS has provided additional parameters on the new pathway via a final rule promulgated in November 2016 and policy guidance.⁷⁶ The final rule specifies that former foster youth are eligible regardless of whether Title IV-E foster care payments were made on their behalf. States may not provide Medicaid to individuals who left foster care before reaching age 18 via this pathway. Further, states may not provide Medicaid coverage to former foster youth who move from another state; however, states could apply to HHS under a waiver to provide such coverage via the research and demonstration waiver authority for the Medicaid program.

The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (P.L. 115-271) amended the Medicaid statute on the former foster youth pathway. It will permit states, as of January 2023, to use state plan authority for providing coverage to former foster youth who move across state lines. The law directs HHS, within one year of the its enactment, to issue guidance to states on best practices for removing barriers and ensuring timely coverage under this pathway, and on conducting related outreach and raising awareness among eligible youth.

Consistent with existing regulations, the final rule affirms that states may not terminate Medicaid eligibility for foster youth who reach age 18 without first determining whether they are eligible for other mandatory Medicaid eligibility pathways available to adults (e.g., the coverage pathway for pregnant women).

Optional Pathway

The pathway for former foster youth appears largely to supersede an optional pathway also provided for this population. The 1999 law (P.L. 106-169) that established the Chafee program also created a new optional Medicaid eligibility pathway for "independent foster care adolescents"; this pathway is often called the "Chafee option."⁷⁷ The law further defined these adolescents as individuals under the age of 21 who were in foster care under the responsibility of the state on their 18^th birthday. The law permits states to restrict eligibility based on the youth's income or resources, and whether or not the youth had received Title IV-E funding.

As of late 2012, more than half (30) of all states had extended the Chafee option to eligible youth. Of these states, five reported requiring youth to have income less than a certain level of poverty (180% to 400%). Four states permitted youth who were in foster care at age 18 in another state to be eligible under the pathway. States also reported whether the youth is involved in the process for enrolling under the Chafee option. In 15 states, youth are not directly involved in the enrollment process. For example, some states automatically enroll youth. In the other 15 states, youth are involved in enrollment with assistance from their caseworker or they enroll on their own. Most states that have implemented the Chafee option require an annual review to verify that youth continue to be eligible for Medicaid. States generally have a hierarchy to determine under which pathway youth qualify. For example, in most states, youth who qualify for the Chafee option and receive Supplemental Security Income (SSI) would be eligible for Medicaid under the SSI Medicaid pathway.⁷⁸

Educational Support⁷⁹

Federal funding and other supports for current and former foster youth are in place to help these youth aspire to, pay for, and graduate from college. The Higher Education Act (HEA) authorizes financial aid and support programs that target this and other vulnerable populations. ⁸⁰

Federal Financial Aid

For purposes of applying for federal financial aid, a student's expected family contribution (EFC) is the amount that can be expected to be contributed by a student and the student's family toward his or her cost of education. Certain groups of students are considered "independent," meaning that only the income and assets of the student are counted.⁸¹ Individuals under age 24 who are or were orphans, in foster care, or wards of the court at age 13 or older are eligible to apply for independent student status.⁸² The law does not specify the length of time that the youth must have been in foster care or the reason for exiting as factors for independent student status eligibility. However, the federal financial aid form, known as the Free Application for Federal Student Aid (FAFSA), instructs current and former foster youth that the financial aid administrator at their school may require the student to provide proof that they were in foster care.

As required by the FY2014 appropriations law (2014, P.L. 113-76), the Department of Education (ED) modified the FAFSA form so that it includes a box for applicants to identify whether they are or were in foster care, and to require ED to provide these applicants with information about federal educational resources that may be available to them.⁸³

Higher Education Support Programs

The Higher Education Act provides that youth in foster care, including youth who have left foster care after reaching age 16, and homeless children and youth are eligible for what are collectively called the federal TRIO programs. ⁸⁴ The programs are known individually as Talent Search, Upward Bound, Student Support Services, Educational Opportunity Centers, and McNair Postbaccalaureate. The TRIO programs are designed to identify potential postsecondary students from disadvantaged backgrounds, prepare these students for higher education, provide certain support services to them while they are in college, and train individuals who provide these services. HEA directs the Department of Education (ED), which administers the programs, to (as appropriate) require applicants seeking TRIO funds to identify and make services available, including mentoring, tutoring, and other services, to these youth.⁸⁵ TRIO funds are awarded by ED on a competitive basis. In addition, HEA authorizes services for current and former foster youth (and homeless youth) through TRIO Student Support Services—a program intended to improve the retention and graduation rates of disadvantaged college students—that include temporary housing during breaks in the academic year.⁸⁶ In FY2019, Congress appropriated $1.1 billion to TRIO programs.⁸⁷

Separately, HEA allows additional uses of funds through the Fund for the Improvement of Postsecondary Education (FIPSE) to establish demonstration projects that provide comprehensive support services for students who were in foster care (or homeless) at age 13 or older.⁸⁸ FIPSE is a grant program that seeks to support the implementation of innovative educational reform ideas and evaluate how well they work. As specified in the law, the projects can provide housing to the youth when housing at an educational institution is closed or unavailable to other students. Congress appropriated $6 million in FY2018 and $5 million in FY2019 for FIPSE.⁸⁹

Workforce Support Workforce Innovation and Opportunity Act Programs

The Workforce Innovation and Opportunity Act (WIOA) authorizes job training programs to unemployed and underemployed individuals through the Department of Labor (DOL). Two of these programs—Youth Activities and Job Corps—provide job training and related services to targeted low-income vulnerable populations, including foster youth.⁹⁰ The Youth Activities program focuses on preventive strategies to help in-school youth stay in school and receive occupational skills, as well as on providing training and supportive services, such as assistance with child care, for out-of-school youth.⁹¹ Job Corps is an educational and vocational training program that helps students learn a trade, complete their GED, and secure employment. To be eligible, foster youth must meet age and income criteria as defined under the act. Young people currently or formerly in foster care may participate in both programs if they are ages 14 to 24.⁹² In FY2018, Congress appropriated $903 million to Youth Activities and $1.7 billion to Job Corps.⁹³

Housing Support Family Unification Vouchers Program

Current and former foster youth may be eligible for housing subsidies provided through programs administered by the Department of Housing and Urban Development's (HUD's) Family Unification Vouchers program (FUP vouchers). The FUP vouchers were initially created in 1990 under P.L. 101-625 for families that qualify for Section 8 tenant-based assistance and for whom the lack of adequate housing is a primary factor in the separation, or threat of imminent separation, of children from their families or in preventing the reunification of the children with their families.⁹⁴ Amendments to the program in 2000 under P.L. 106-377 made youth ages 18 to 21 eligible for the vouchers for up to 18 months if they are homeless or are at risk of becoming homeless at age 16 or older.

The Housing Opportunity Through Modernization Act (P.L. 114-201), enacted in July 2016, extended the upper age of eligibility for FUP vouchers, from 21 to 24, for youth who emancipated from foster care. It also extended assistance under the program for these youth from 18 to 36 months and allows the voucher assistance to begin 90 days prior to a youth leaving care because they are aging out. It also requires HUD, after consulting with other appropriate federal agencies, to issue guidance to improve coordination between public housing agencies, which administer the vouchers, and child welfare agencies. The guidance must address certain topics, including identifying eligible recipients for FUP vouchers and identifying child welfare resources and supportive families for families and youth (including the Chafee program). As of the date of this report, HUD has not issued such guidance. In correspondence with CRS, HUD explained that it has requested funding for this work, and until those funds can be secured, HUD and HHS staff are studying how youth and families are served by FUP.⁹⁵

FUP vouchers were initially awarded from 1992 to 2001. Over that period, approximately 39,000 vouchers were distributed.⁹⁶ Each award included five years of funding per voucher and the voucher's use was restricted to voucher-eligible families for those five years. At the end of those five years, public housing authorities (PHAs) were eligible to convert FUP vouchers to regular Section 8 housing vouchers for low-income families. While the five-year use restrictions have expired for all family unification vouchers, some PHAs may have continued to use their original family unification vouchers for FUP-eligible families and some may have chosen to use some regular-purpose vouchers for FUP families (but the extent to which this happened is unknown). Congress appropriated $20 million for new FUP vouchers in each of FY2008 and FY2009; $15 million in FY2010, $10 million in FY2017, and $20 million in FY2018 and FY2019.⁹⁷ Congress has specified that amounts made available under Section 8 tenant-based rental assistance and used for the FUP vouchers are to remain available for the program.

A 2014 report on the FUP program examined the use of FUP vouchers for foster youth. The study was based on a survey of PHAs, a survey of child welfare agencies that partnered with PHAs that served youth, and site visits to four areas that use FUP to serve youth. The survey of PHAs showed that slightly less than half of PHAs operating FUP had awarded vouchers to former foster youth in the 18 months prior to the survey. PHAs reported that youth were able to obtain a lease within the allotted time, and many kept their leases for the full 18-month period they were eligible for the vouchers. In addition, 14% of total FUP program participants qualified because of their foster care status. According to the study, this relatively small share was due to the fact that less than half of PHAs were serving youth, and these PHAs tended to allocate less than one-third of their vouchers to youth, among other findings.⁹⁸

Other Support

Older current and former foster youth may be eligible for housing services and related supports through the Runaway and Homeless Youth program, administered by HHS.⁹⁹ The program is comprised of three subprograms: the Basic Center program (BCP), which provides short-term housing and counseling to youth up to the age of 18; the Transitional Living program (TLP), which provides longer-term housing and counseling to youth ages 16 through 22; and the Street Outreach program (SOP), which provides outreach and referrals to youth who live on the streets. Youth transitioning out of foster care may also be eligible for select transitional living programs administered by HUD, though the programs do not specifically target these youth. The program was funded at $127 million in FY2019.¹⁰⁰

The Foreclosure Prevention Act of 2008 (P.L. 110-289) was signed into law on July 30, 2008, and enables owners of properties financed in part with Low-Income Housing Tax Credits (LIHTCs) to claim as low-income units those occupied by low-income students who were in foster care. Owners of LIHTC properties are required to maintain a certain percentage of their units for occupancy by low-income households; students (with some exceptions) are not generally considered low-income households for this purpose. The law does not specify the length of time these students must have spent in foster care nor require that youth are eligible only if they emancipated.

Author Contact Information

Footnotes

Peter J. Pecora et al., Improving Foster Family Care: Findings from the Northwest Foster Care Alumni Study, Casey Family Programs, 2005. Ibid. HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1G, Questions 1 and 4. In a study of how 30 states use Chafee room and board funds, states reported that they generally use the funds to provide rental startup costs, ongoing support, and emergency assistance. For further information, see Michael R. Pergamit, Marla McDaniel, and Amelia Hawkins, Housing Assistance for Youth Who Have Aged Out of Foster Care: The Role of the Chafee Foster Care Independence Program, Urban Institute, for HHS, ACYF, ACF, Office of Planning, Research,. For further information, see Michael R. Pergamit, Marla McDaniel, and Amelia Hawkins, Housing Assistance for Youth Who Have Aged Out of Foster Care: The Role of the Chafee Foster Care Independence Program, Urban Institute, https://aspe.hhs.gov/basic-report/housing-assistance-youth-who-have-aged-out-foster-care, prepared for HHS, ACYF, ACF, Office of the Assistant Secretary for Planning and Evaluation (OPRE), May 2012.

HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.5B, Question 1.

. 52. 54. Amy Dworsky and Judy Havlicek, Review of State Policies and Programs to Support Young People Transitioning Out of Foster Care, p. 14, University of Chicago, Chapin Hall Center for Children, 2009, pp. 15-16. CRS correspondence with HHS, ACYF, ACF, CB, May 2019.

71. 80. U.S. House of Representatives, Department of Defense for the Fiscal Year Ending September 30, 2019, and for Other Purposes, committee print, 115^th Cong., 2^nd sess., September 13, 2018, p. 584.

1.	This includes youth ages 13 to 20. This age range is used because it includes both teenagers in care, as well as young adults who stay in foster care until the oldest age (20) at which the federal government will provide financial support for remaining in care. U.S. Department of Health and Human Services (HHS), Administration on Children, Youth and Families (ACYF), Administration for Children and Families (ACF), Children's Bureau (CB), The AFCARS Report, #23. The number of youth ages 18, 19, and 20 may include only those receiving federal Title IV-E foster care maintenance payments.
2.	Ibid., The AFCARS Report #14, #15, #16, #17, #18, #19, #21,and #22. From FY2006 through FY2014, the number and share of emancipating youth were as follows: FY2006—26,517 (9%); FY2007—29,730 (10%); FY2008—29,516 (10%); FY2009—29,471 (11%); FY2010—27,854 (11%); FY2011—26,286 (11%); FY2012—23,396 (10%); FY2013—23,090 (10%); and FY2014—22,392 (9%). Using data from 2002 through 2008 on children in foster care in 15 states, researchers projected that the number of youth who were expected to leave foster care upon turning age 18 would likely decline between 2009 and 2013, due primarily to the decrease in the number of entries in foster care among children ages 10 through 17. Fred Wulczyn and Linda Collins, A 5-Year Projection of the Number of Children Reaching Age 18 While in Foster Care, University of Chicago, Chapin Hall Center for Children, 2010.
3.	Fred Wulczyn, Lijun Chen, Kristen Brunner Hislop, Foster Care Dynamics 2000-2005: A Report from the Multistate Foster Care Data Archive, Chapin Hall Center for Children, University of Chicago, 2007.
4.	For further information, see CRS In Focus IF10226, Use of Group Care for Children in Foster Care, by Emilie Stoltzfus; HHS, ACYF, ACF, CB, A National Look at the Use of Congregate Care in Child Welfare, 2015.
5.	Peter J. Pecora et al., Improving Foster Family Care: Findings from the Northwest Foster Care Alumni Study, Casey Family Programs, 2005, http://www.casey.org/northwest-alumni-study/.
6.	Mark E. Courtney et al., Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 26, University of Chicago, Chapin Hall Center for Children, 2011, http://www.chapinhall.org/research/report/midwest-evaluation-adult-functioning-former-foster-youth.
7.	The studies do not posit that foster care, per se, is associated with the challenges former foster youth face in adulthood. In fact, children tend to have a range of challenges upon entering care. For further information, see Fred Wulczyn et al. Beyond Common Sense: Child Welfare, Child Well-Being, and the Evidence for Policy Reform (New Brunswick: Aldine Transaction, 2005), p. 116. (Hereinafter referenced as Fred Wulczyn et al., Beyond Common Sense.)
8.	HHS, ACYF, ACF, CB, Highlights from the NYTD Survey: Outcomes Reported by Young People at Ages 17, 19, and 21 (Cohort 1), Data Brief #5, November 2016.
9.	The survey of youth at age 26 also asked about future expectations; however, it did not compare the outcomes of these youth to the general population. Mark E. Courtney et al., Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 23 or 24.
10.	Safety refers to the state child welfare system's goal of ensuring that children in foster care are protected from further abuse or neglect. Permanence refers to the state's goal of ensuring that children do not spend too many of their formative years in a foster care placement, and that the state either quickly and safely returns them to their families or quickly finds another safe and permanent home for them. Well-being is inextricably linked to safety and permanency. The term refers to efforts by the child welfare system to promote positive outcomes for children in care, including education and physical and mental health outcomes, as well as supportive families.
11.	For further information, see CRS Report R42794, Child Welfare: State Plan Requirements under the Title IV-E Foster Care, Adoption Assistance, and Kinship Guardianship Assistance Program, by Emilie Stoltzfus.
12.	For further information, see CRS Report R42792, Child Welfare: A Detailed Overview of Program Eligibility and Funding for Foster Care, Adoption Assistance and Kinship Guardianship Assistance under Title IV-E of the Social Security Act, by Emilie Stoltzfus.
13.	Section 475(4) of the Social Security Act.
14.	Section 477 of the Social Security Act.
15.	This age limit was created by the program's eligibility link to the now-defunct Aid to Families with Dependent Children (AFDC) program. Children qualified as dependents under the AFDC program until age 18. As was the case with AFDC, federal law permitted states to make continued claims for otherwise eligible foster youth until their 19th birthday provided that he or she was a full-time student and was expected to complete high school or an equivalent training program by age 19. States must have elected this option in their definitions of "child" for purposes of the states' AFDC programs. For additional information, see HHS, ACYF, ACF, CB, Section 8.3A, Question 2 of the Child Welfare Policy Manual.
16.	Section 475(8) of the Social Security Act.
17.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008, ACYF-CB-PI-10-11, July 9, 2010. (Hereinafter referenced as HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008.)
18.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 8.3A, Question 4.
19.	This information is based on correspondence with HHS, ACYF, ACF, CB, August 2017. Three other states—Alaska, North Carolina, and Ohio—recently enacted legislation to extend the age at which youth can remain in foster care beyond 18. In addition, other states extend foster care but have not received federal approval to provide Title IV-E funds for this extended care. See, HHS, ACYF, ACF, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, February 2017, p. 2. (Hereinafter, HHS, ACYF, ACF, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18.)
20.	Ibid.
21.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008. More than half of all states, including those which have not received federal approval to extend care with Title IV-E funds, allow youth to return to care after aging out until ages 19, 20, or 21. See, HHS, ACYF, ACF, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, p. 2.
22.	More than half of all states, including those which have not received federal approval to extend care with Title IV-E funds, require a youth who chooses to remain in foster care to enter into a voluntary placement agreement. See, HHS, ACYF, ACF, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, p. 3.
23.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 8.3A, Question 5.
24.	Section 472(c) of the Social Security Act.
25.	Section 472(c) of the Social Security Act.
26.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008.
27.	Fostering Connections Resource Center, State Approaches to Providing Foster Youth with Options for Supervised Independent Living, webinar, April 12, 2012.
28.	Section 422(b)(17) of the Social Security Act.
29.	Section 475(1) of the Social Security Act.
30.	Section 475(5) of the Social Security Act.
31.	Ibid.
32.	Section 475(1)(D of the Social Security Act.
33.	Section 477 of the Social Security Act.
34.	P.L. 113-183 increases the annual mandatory funding authorization for the program to $143 million beginning with FY2020.
35.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1G, Questions 1 and 4. In a study of how 30 states use Chafee room and board funds, states reported that they generally use the funds to provide rental start-up costs, ongoing support, and emergency uses, Confederated Tribe of Warm Springs (Oregon), Puerto Rico, South Carolina, South Dakota, Port Gamble S'Klallam Tribe (Washington), West Virginia, Wyoming	FY2013	15 jurisdictions: Alaska, Georgia, Hawaii, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Santee Sioux Nation (Nebraska), Confederated Tribe of Warm Springs (Oregon), Puerto Rico, Washington, West Virginia, Wyoming	21 jurisdictions: California, Georgia, Prairie Band of Potawatomi (Kansas), Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, Nevada, New Mexico, North Dakota, Oklahoma, Confederated Tribe of Warm Springs (Oregon), Puerto Rico, South Carolina, South Dakota, Washington, Port Gamble S'Klallam Tribe (Washington), West Virginia, Wisconsin, Wyoming	FY2014	10 jurisdictions: Arkansas, Kentucky, Louisiana, Maine, Mississippi, Montana, Confederated Tribe of Warm Springs (Oregon), Puerto Rico, Vermont, Washington	20 jurisdictions: Arizona, Georgia, Hawaii, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, New Mexico, North Dakota, Oklahoma, Oregon, Confederated Tribe of Warm Springs (Oregon), Puerto Rico, South Carolina, South Dakota, Tennessee, Virginia, Washington, Wisconsin
1.	U.S. Department of Health and Human Services (HHS), Administration on Children, Youth and Families (ACYF), Administration for Children and Families (ACF), Children's Bureau (CB), The AFCARS Report, #25. This age range is used because it includes both teenagers in care as well as young adults who stay in foster care until the oldest age (20) at which the federal government will provide financial support for remaining in care. The number of youth ages 18 to 21 is likely underreported because some states may only report those receiving federal Title IV-E foster care maintenance payments (and not those receiving state-funded foster care).
2.	The share of foster care youth emancipating, based on the total number of exits for all children in foster care, was 8% in FY2017 and between 9% and 11% in prior years. HHS, ACYF, ACF, The AFCARS Report #14, #15, #16, #17, #18, #19, #21,#22, #23, #24, and #25. From FY2006 through FY2017, the number and share of emancipating youth were as follows: FY2006—26,517 (9%); FY2007—29,730 (10%); FY2008—29,516 (10%); FY2009—29,471 (11%); FY2010—27,854 (11%); FY2011—26,286 (11%); FY2012—23,396 (10%); FY2013—23,090 (10%); FY2014—22,392 (9%), FY2015—20,789 (9%), FY2016—20,532 (8%), and FY2017—19,945 (8%). For analysis of AFCARS data on teens in, and emancipating from, foster care, see The Annie E. Casey Foundation, Fostering Youth Transitions: Using Data to Drive Policy and Practice Decisions, November 2018. (Hereinafter, The Annie E. Casey Foundation, Fostering Youth Transitions: Using Data to Drive Policy and Practice Decisions.)
3.	4.
5.	Mark E. Courtney et al., Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 26, University of Chicago, Chapin Hall Center for Children, 2011.
6.	The studies do not posit that foster care, per se, is associated with the challenges former foster youth face in adulthood, as children tend to have a range of challenges upon entering care. For further information, see Fred Wulczyn et al. Beyond Common Sense: Child Welfare, Child Well-Being, and the Evidence for Policy Reform (New Brunswick: Aldine Transaction, 2005), p. 116.
7.	The survey of youth at age 26 also asked about future expectations; however, it did not compare the outcomes of these youth to the general population. Mark E. Courtney et al., Midwest Evaluation of the Adult Functioning of Former Foster Youth: Outcomes at Age 23 or 24, University of Chicago, Chapin Hall Center for Children.
8.	HHS, ACYF, ACF, CB, Highlights from the NYTD Survey: Outcomes Reported by Young People at Ages 17, 19, and 21 (Cohort 1), Data Brief #5, November 2016.
9.	The Annie E. Casey Foundation, Fostering Youth Transitions: Using Data to Drive Policy and Practice Decisions.
10.	For further information, see CRS Report R42794, Child Welfare: State Plan Requirements under the Title IV-E Foster Care, Adoption Assistance, and Kinship Guardianship Assistance Program; and CRS Report R42792, Child Welfare: A Detailed Overview of Program Eligibility and Funding for Foster Care, Adoption Assistance and Kinship Guardianship Assistance under Title IV-E of the Social Security Act.
11.	Section 475(4) of the Social Security Act.
12.	Section 477 of the Social Security Act.
13.	The Family First Prevention Services Act (FFPSA, P.L. 115-123) enacted these changes.
14.	The Fostering Connections to Success and Increasing Adoptions Act (P.L. 110-351) made this change by inserting a definition of "child" as it pertains to older youth in care at Section 475(8) of the Social Security Act. Prior law provided this support until age 21, based on the Title IV-E program's eligibility link to the now-defunct Aid to Families with Dependent Children (AFDC) program. Children qualified as dependents under the AFDC program until age 18. As was the case with AFDC, federal law permitted states to make continued claims for otherwise eligible foster youth until their 19th birthday provided that they were full-time students and expected to complete high school or an equivalent training program by age 19. States must have elected this option in their definitions of "child" for purposes of the states' AFDC programs. For additional information, see HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 8.3A, Question 2.
15.	States may also provide Title IV-E subsidies on behalf of youth 18 or older (until age 19, 20, or 21, at the jurisdiction's option) who left foster care after age 16 for adoption or kinship guardianship and meet the four eligibility conditions.
16.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008, ACYF-CB-PI-10-11, July 9, 2010. (Hereinafter, HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008.)
17.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 8.3A, Question 4.
18.	CRS correspondence with HHS, ACYF, ACF, CB, May 2019.
19.	Other states extend foster care under certain circumstances; however, HHS has not approved amendments to their Title IV-E plans to allow these states to seek federal reimbursement for extended care. HHS, ACYF, ACF, CB, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, February 2017, p. 2. (Hereinafter, HHS, ACYF, ACF, CB, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18.)
20.	Garet Fryar, Elizabeth Jordan, and Kerry DeVooght, Supporting Young People Transitioning From Foster Care: Findings from a National Survey, Child Trends, November 2017, p. 8. (Hereinafter, Garet Fryar, Elizabeth Jordan, and Kerry DeVooght, Supporting Young People Transitioning From Foster Care: Findings from a National Survey.)
21.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008. More than half of all states, including those that have not received federal approval to extend foster care with Title IV-E funds, permit youth to return to foster care and require a youth who chooses to remain in foster care to enter into a voluntary placement agreement. Some states permit a return to care up to selected ages and under selected circumstances (e.g., Iowa allows youth to return to care until age 20 to complete high school or an equivalent program). See HHS, ACYF, ACF, CB, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, p. 3.
22.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 8.3A, Question 5.
23.	Section 472(c) of the Social Security Act.
24.	This definition was added by the Family First Prevention Services Act, enacted as part of Division E of the Bipartisan Budget Act of 2018 (P.L. 115-123).
25.	Section 472(c) of the Social Security Act.
26.	HHS, ACYF, ACF, CB, Program Instruction: Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008.
27.	HHS, ACYF, ACF, CB, Child Welfare Information Gateway, Extension of Foster Care Beyond Age 18, pp. 22-23.
28.	Section 422(b)(17) of the Social Security Act.
29.	Section 475(1) of the Social Security Act.
30.	Section 475(5) of the Social Security Act.
31.	Ibid.
32.	Section 477 of the Social Security Act.
33.	P.L. 113-183 provided for an increase of annual mandatory funding authorization to $143 million beginning with FY2020.
34.
3635.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1G, Questions 1 and 3.
3736.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.3E, Question 1.
3837.	Section 472 of HEA defines "cost of attendance" as tuition, fees, and other equipment or materials required of all students in the same course of study; books, supplies, and allowance for transportation and miscellaneous personal expenses, including computers; room and board; child care expenses for a student who is a parent; accommodations related to a student's disability that are not paid for by another source; expenses related to a youth's work experience in a cooperative education program (alternating periods of academic study and employment to give students work experience); and student loan fees or insurance premiums on the loans. Section 102 of HEA defines "institutions of higher education" as traditional higher education institutions (e.g., public or private, nonprofit two- and four-year colleges and universities) and other postsecondary institutions (e.g., proprietary or for-profit schools offering technical training programs, and postsecondary vocational schools).
38.	This change was enacted by the Family First Prevention and Service Act (P.L. 115-123). Prior law limited the voucher to youth up to the age of 21, though youth could continue receiving the voucher until age 23 if they received the funds as of age 21 and were making satisfactory progress toward completion of their program.
39.	CRS Report R43752, Child Welfare: Profiles of Current and Former Older Foster Youth Based on the National Youth in Transition Database (NYTD), by Adrienne L. Fernandes-Alcantara. See also, HHS, ACYF, ACF, CB, Data Brief #3, "Highlights From the National Youth in Transition Database (NYTD), Federal Fiscal Year 2013," July 2014.
39.	This is based on correspondence with HHS, ACYF, ACF, CB, June 2016 and HHS, ACYF, Administration for Children and Families FY 2018 Justification of Estimates for Appropriations Committees, p. 124. Program year is July 1 of one year through June 30 of the next. In more recent years, HHS has reported the data based on the program year to better align with the school year. Program year 2013 data are the most recent data available.
40.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1F5C, Question 2. 5.
41.	Amy Dworsky and Judy Havlicek, Review of State Policies and Programs to Support Young People Transitioning Out of Foster Care, University of Chicago, Chapin Hall Center for Children, 2009, pp. 7-8, https://www.chapinhall.org/sites/default/files/Review_State_Policies_02_09.pdf. (Hereinafter referenced as Amy Dworsky and Judy Havlicek, Review of State Policies and Programs to Support Young People Transitioning Out of Foster Care.)
42.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1B, Question 2.
43.	Amy Dworsky and Judy Havlicek, Review of State Policies and Programs to Support Young People Transitioning Out of Foster Care.
44.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1F, Question 3.
45.	Ibid., Section 3.1I, Question 5.
46.	U.S. Congress, Congressional Record, June 25, 1999, p. H4969.
47.	For additional information about positive youth development, see CRS Report RL33975, Vulnerable Youth: Background and Policies, by Adrienne L. Fernandes-Alcantara.
48.	National Foster Care Coalition, Frequently Asked Questions II About the Foster Care Independence Act of 1999 and the John H. Chafe Foster Care Independence Program, December 2000, pp. 30-31.
49Section 477(b)(3) of the Social Security Act.
42.	Section 477(a) and Section 477(i) of the Social Security Act. HHS has provided guidance to states that outlines eligibility for the Chafee program and Chafee ETV program. See HHS, ACYF, ACF, CB, Additional Information and Instructions for the Annual Progress and Services Report, as a Result of Passage of P.L. 115-123, the Family First Prevention Services Act and P.L. 115-141, the Consolidated Appropriations Act of 2018, May 31, 2018 (hereinafter, HHS, ACYF, ACF, CB, Additional Information and Instructions for the Annual Progress and Services Report, as a Result of Passage of P.L. 115-123, the Family First Prevention Services Act and P.L. 115-141, the Consolidated Appropriations Act of 2018.)
43.	The 1999 law (P.L. 106-169) that established the Chafee program generally required states to provide supports to children "likely to remain in foster care" until age 18. The 2018 law (P.L. 115-123) that amended the program struck that term in all purpose areas except the one that addresses age- and developmentally appropriate activities. The current and former versions of the law do not define "likely to remain in foster care" until age 18. HHS has advised that "if a state determines that a youth younger than 14 is likely to remain in foster care until age 18, the state may use Chafee funds to provide that youth opportunities to engage in age or developmentally appropriate activities." See HHS, ACYF, ACF, CB, ACYF-CB-PI-19-02, February 26, 2019, p. 40. (Hereinafter, HHS, ACYF, ACF, CB, ACYF-CB-PI-19-02.)
44.	Section 477(b)(2)(C) and Section 477(b)(2)(E) of the Social Security Act.
45.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1F, Question 3.
46.	This is based on correspondence with HHS, ACYF, ACF, CB, October 2018. See also, HHS, ACYF, ACF, CB, Data Brief #3, "Highlights From the National Youth in Transition Database (NYTD), Federal Fiscal Year 2013," July 2014.
47.	This is based on correspondence with HHS, ACYF, ACF, CB, June 2016; HHS, ACYF, Administration for Children and Families FY 2019 Justification of Estimates for Appropriations Committees, p. 206; and HHS, ACYF, Administration for Children and Families FY 2020 Justification of Estimates for Appropriations Committees, p. 203. Program year is July 1 through June 30 of the following year. In more-recent years, HHS has reported the data based on the program year rather than the fiscal year to better align with the school year. PY2015 data are the most recent available.
48.	Section 477(b)(3)(G) of the Social Security Act.
49.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1I, Question 5.
50.	Section 477(b)(3)(H) of the Social Security Act.
51.	For additional information about positive youth development, see CRS Report RL33975, Vulnerable Youth: Background and Policies.
Judy Havlicek, Ching-Hsuan Lin, and Fabiola Villalpando, "Web Survey of Foster Youth Advisory Boards in the United States," Children and Youth Services Review, vol. 60 (January 2016).
5053.	Foster Club, "Young Leaders," https://www.fosterclub.com/what-we-do/young-leaders.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.1A, Question 1.
5155.	For further information about theThe Annie E. Casey Foundation, Jim Casey Youth Opportunities Initiative, see http://www.aecf.org/work/child-welfare/jim-casey-youth-opportunities-initiative/.
52.	Section 472 of the Higher Education Act.
53.	Section 102 of the Higher Education Act.
5456.	HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.5B5, Question 1.
5557.	Ibid., Section 3.5C, Question 5.
56.	Ibid., Section 3.5, Question 1HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.5C, Question 5.
5758.	Ibid., Section 3.5C, Question 5.
58.	Ibid.HHS, ACYF, ACF, CB, Child Welfare Policy Manual, Section 3.5C, Question 6.
59.	See CRS In Focus IF10450, Foster Youth: State Support for Higher Education, by Adrienne L. Fernandes-Alcantara and Sarah W. Caldwell; Garet Fryar, Elizabeth Jordan, and Kerry DeVooght, Supporting Young People Transitioning From Foster Care: Findings from a National Survey; Amy Dworsky and Alfred Perez, Helping Former Foster Youth Graduate From College: Campus Support Programs in California and Washington State, Chapin Hall Center for Children, University of Chicago, 2009; Liliana Hernandez and Toni Naccarato, "Scholarships and Supports Available to Foster Care Alumni: A Study of 12 Programs Across the U.S.," Children and Youth Services Review, vol. 32, no. 5 (May 2010), pp. 758-766; and Casey Family Programs, Supporting Success: Improving Higher Education Outcomes for Youth in Foster Care: A Framework for Program Enhancement, 2010.
60.	Section 477(c) of the Social Security Act.
61.	Section 477(j) of the Social Security Act.
62.	63.
6164.	The authors of the survey note that some of the services for which states reported spending non-CFCIP dollars can, in fact, be funded through the CFCIP.
62Section 477(d)(5) of the Social Security Act. This provision was enacted by P.L. 115-123. HHS has provided instructions to states about the process for releasing funds and requesting additional funds that become available for allotment. See HHS, ACYF, ACF, CB, ACYF-CB-PI-19-02, pp. 53-54. 65.	HHS, ACYF, ACF, CB, "Child Welfare Capacity Building Collaborative," https://capacity.childwelfare.gov/states/.
6366.	HHS, ACYF, ACF, CB, "Chafee National Youth in Transition Database," 73 Federal Register 10338, February 26, 2008.
6467.	For additional information, see HHS, ACFY, ACF, CB, Highlights from the NYTD Survey: Outcomes Reported by Young People at Ages 17, 19, and 21 (Cohort 1), November 2016. For analysis of NYTD selected data in FY2011-FY2013, see CRS Report R43752, Child Welfare: Profiles of Current and Former Older Foster Youth Based on the National Youth in Transition Database (NYTD), by Adrienne L. Fernandes-Alcantara.
6568.	The data files are maintained at the National Data Archive on Child Abuse and Neglect (NDACAN) at Cornell University. As HHS has explained, NYTD data files are reported semiannually, and because states have a window of time to collect baseline outcomes data from youth, surveying a cohort of 17-year- year olds in care (the baseline youth) takes 18 months.
6669.	Section 477(g) of the Social Security Act.
70.	HHS, ACYF, ACF, OPRE, "Multi-Site Evaluation of Foster Youth Programs (Chafee Independent Living Evaluation Project), 2001-2010."
HHS, ACYF, ACF, Office of Planning, Research and Evaluation (OPRE), "Multi-Site Evaluation of Foster Youth Programs (Chafee Independent Living Evaluation Project), 2001-2010," https://www.acf.hhs.gov/opre/research/project/multi-site-evaluation-of-foster-youth-programs-chafee-independent-living.
67.	Mark E. Courtney et al., Evaluation of the Massachusetts Adolescent Outreach Program for Youths in Intensive Foster Care: Final Report, Urban Institute for HHS, ACYF, ACF, OPRE, OPRE Report #2011-14, July 2011HHS, ACYF, ACF, Office of Planning, Research and Evaluation (OPRE), OPRE Report #2011-14, July 2011, http://www.acf.hhs.gov/opre/resource/evaluation-of-the-massachusetts-adolescent-outreach-program-for-youths-in.
6872.	Marla McDaniel et al., Preparing for a "Next Generation" Evaluation of Independent Living Programs for Youth in Foster Care: Project Overview.
69Mark Courtney et al., Planning a Next-Generation Evaluation Agenda for the John H. Chafee Foster Care Independence Program, Urban Institute for HHS, ACYF, ACF, OPRE, OPRE Report #2017-96, December 2017. This report provides a framework that researchers can apply to understand the transition to adulthood for foster youth and classifies independent living programs into 10 services categories. 73.	HHS, ACYF, ACF, OPRE, "Planning a Next Generation Evaluation Agenda for the John H. Chafee Foster Care Independence Program, 2011-2014," http://www.acf.hhs.gov/opre/research/project/planning-a-next-generation-evaluation-agenda-for-the-john-h-chafee-foster.
70.	Erin Jacobs Valentine, Emily Skemer, and Mark E. Courtney, Becoming Adults One-Year Impact Findings from the Youth Villages Transitional Living Evaluation, MDRC and Chapin Hall Center for Children, University of Chicago, May 2015.
71.	For further information about Medicaid pathways for children in and transitioning from foster care, see CRS Report R42378, Child Welfare: Health Care Needs of Children in Foster Care and Related Federal Issues, by Emilie Stoltzfus et al.
72.	Section 1902(A)(10)(ii)(XVII) of the Social Security Act.
73.	Michael R. Pergmait et al., Providing Medicaid to Youth Formerly in Foster Care Under the Chafee Option: Informing Implementation of the Affordable Care Act, Urban Institute, for HHS, Office of the Assistant Secretary for Planning and Evaluation, November 2012, http://www.urban.org/publications/412786.html.
74.	However, because more than 99% of children in foster care are estimated to be enrolled in Medicaid, this circumstance may not occur often. Anne M. Libby et al., "Child Welfare Systems Policies and Practices Affecting Medicaid Health Insurance for Children: A National Study," Journal of Social Science Research, vol. 33, no. 2 (2006).
75.	HHS, Centers for Medicare & Medicaid Services, "Medicaid, Children's Health Insurance Programs, and Exchanges: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange Eligibility Appeals and Other Provisions Related to Eligibility and Enrolment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and Cost Sharing; Proposed Rule," 78 Federal Register 4594, January 22, 2013; and U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services, "Medicaid and CHIP FAQs: Funding for the New Adult Group, Coverage of Former Foster Care Children and CHIP Financing," December 2013.
762019." Related research has shown positive outcomes for a social services program, YVLifeSet at Youth Villages, to foster and juvenile-justice involved youth in the transition to adulthood. The program provides intensive, individualized case management provided by a case manager. After one year, youth who had been randomly assigned to the program had greater earnings, increased housing stability and economic well-being, and some improved outcomes related to health and safety. These youth did not have improved outcomes in the areas of education, social support, or criminal involvement. The follow-up study found that the program did not increase average earnings for youth, but led to modest increases and earnings over a two-year period. The program did not have impacts in education and criminal involvement. Erin Jacobs Valentine, Melanie Skemer, and Mark E. Courtney, Making Their Way: Summary Report on the Youth Villages Transitional Living Evaluation, MDRC, December 2018.
74.	For further information, see CRS In Focus IF11010, Medicaid Coverage for Former Foster Youth Up to Age 26.
75.	Section 1902(a)(10)(A)(i)(X) of the Social Security Act.
76.	HHS, Centers for Medicare and Medicaid Services (CMS), "Medicaid and Children's Health Insurance Programs: Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Other Provisions Related to Eligibility and Enrollment for Medicaid and CHIP, Final Rule," 81 Federal Register 86383, November 30, 2016. Other guidance has been provided via a July 2013 final rule on Medicaid benefits more generally; November 2016 guidance about former foster youth who move to a different state; and December 2013 guidance about the pathway. See HHS, CMS "Medicaid and Children's Health Insurance Programs: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes, and Premiums and Cost Sharing; Exchanges: Eligibility and Enrollment; Final Rule," 78 Federal Register 27498, July 15, 2013; HHS, CMS, "Section 1115 Medicaid Demonstration Opportunity to Allow Medicaid Coverage to Former Foster Youth Who Have Moved to a Different State," November 11, 2016; and HHS, CMS, "Medicaid and CHIP FAQs: Funding for the New Adult Group, Coverage of Former Foster Care Children and CHIP Financing," December 2013.
77.	Section 1902(a)(10)(A)(ii)(XVII) of the Social Security Act.
78.	Michael R. Pergmait et al., Providing Medicaid to Youth Formerly in Foster Care Under the Chafee Option: Informing Implementation of the Affordable Care Act, Urban Institute, for HHS, Office of the Assistant Secretary for Planning and Evaluation, November 2012.
79.	For further information, see CRS In Focus IF10449, Foster Youth: Higher Education Outcomes and Federal Support.
Though not discussed here, a small part of the allocation formula population factor for the Title I-A program of Education for the Disadvantaged (authorized under the Elementary and Secondary Education Act, as amended) accounts for the number of children ages 5 to 17 who are in institutions for delinquent children or foster homes when making grants to local education agencies (LEAs). For additional information, see CRS Report R44461, Allocation of Funds Under Title I-A of the Elementary and Secondary Education Act, by Rebecca R. Skinner and Leah Rosenstiel.
7781.	20 U.S.C. §1087vv (Section 480(d) of the Higher Education Act). Other groups of eligible students include those age 24 or older; students of any age in graduate or professional school; and students under age 24 who are married, have legal dependents other than a spouse (i.e., children), are in the armed services, or are veterans of the armed services. Students may also be considered independent by a financial aid administrator who "makes a documented determination of independence by reason of other unusual circumstance."
7882.	This category was revised by the College Cost Reduction Act (P.L. 110-84), enacted in 2009. The previous definition included an individual who is an orphan or ward of the state (or was such until age 18).
7983.	20 U.S.C. §1090 note.
8084.	In 2008, the Higher Education Opportunity Act (HEOA, P.L. 110-315) amended HEA to add foster youth as an eligible population for these services.
8185.	General provisions: 20 U.S.C. §107a-11(Section 402A of the Higher Education Act, HEA); Talent Search: 20 U.S.C. §107a-12 (Section 402B of the HEA); Upward Bound: 20 U.S.C. §107a-13 (Section 402C of the HEA); and Student Support Services: 20 U.S.C. §107a-14 (Section 402D of the HEA). Notably, the section of HEA that authorizes the McNair Postbaccalaurete program does not specify that current and former foster youth are eligible for services under the program. Another section of the law (pertaining to documentation of status as a low-income individual) specifies that notwithstanding that section of the law, foster youth and certain former foster youth are eligible for all of the programs except the McNair Postbaccalaurete program.
8286.	These changes were made by the Higher Education Opportunity Act (P.L. 110-315) in 2008. The Department of Education issued regulations to provide further clarification about the changes. See, U.S. Department of Education, "High School Equivalency Program and College Assistance Migrant Program, The Federal TRIO Programs, and Gaining Early Awareness and Readiness for Undergraduate Program," 75 Federal Register 65712-65803, October 26, 2010.
8387.	U.S. Congress, "Proceedings and Debates of the 115th Congress, First Session," House of Representatives, Congressional Record, vol. 163, part No. 76, Book III (May 3, 2017), p. H4018. House of Representatives, Department of Defense for the Fiscal Year Ending September 30, 2019, and for Other Purposes, committee print, 115th Cong., 2nd sess., September 13, 2018, p. 607.
8488.	20 U.S.C. §1138 (Section 471 of the Higher Education Act).
8589.	U.S. Congress, "Proceedings and Debates of the 115th Congress, First Session," House of Representatives, Congressional Record, vol. 163, part No. 76, Book III (May 3, 2017), p. H4018. Department of Education, Higher Education Fiscal Year 2020 Budget Request, pp. R-22 and R-134.
8690.	Youth Activities: 29 U.S.C. §3161 et seq. (Title I, Chapter 2 of WIOA); and Job Corps: 29 U.S.C. §3191 et seq. (Title I, Chapter 4, Subtitle C).
8791.	In 2014, DOL issued guidance to encourage coordination between the Youth Activities program and Chafee program, and cited examples of communities where such collaboration is underway. U.S. Department of Labor, Employment and Training Administration, Training and Employment Notice No. 32-13, "Supporting Successful Transition to Adulthood for Current and Former Youth in Foster Care Through Coordination with the John H. Chafee Foster Care Independence Program," May 28, 2014.
8892.	29 U.S.C. §2801(13) and 29 U.S.C. §2884(1).
8993.	U.S. Congress, "Proceedings and Debates of the 115th Congress, First Session," House of Representatives, Congressional Record, vol. 163, part No. 76, Book III (May 3, 2017), p. H3960House of Representatives, Department of Defense for the Fiscal Year Ending September 30, 2019, and for Other Purposes, H.Rept. 115-952, 115th Cong., 2nd sess., September 13, 2018, pp. 549, 551.
9094.	42 U.S.C. §1437(f)(x).
91.	HUD funds for the CoC program are made available to local communities, which are also called Continuums of Care. Nearly every community in the country has become part of a CoC. Local communities establish CoC advisory boards made up of representatives from local government agencies, service providers, community members, and formerly homeless individuals who meet to establish local priorities and strategies to address homelessness in their communities95. CRS correspondence with HHS, ACYF, ACF, CB, August 2018.
9296.	This information is based on correspondenceCorrespondence with the National Center for Housing and Child Welfare, a child welfare organization, in August 2008.
9397.	U.S. Congress, House Committee on Appropriations, Joint Explanatory Statement, Division K, report to accompany FY2008 Consolidated Appropriations Amendment to H.R. 2764/P.L. 110-161, 110th Cong., 1st sess., p. 2396; U.S. Congress, House Committee on Appropriations, Omnibus Appropriations Act, 2009, Division I, committee print of the House Committee on Appropriations on H.R. 1105/P.L. 111-8, 111th Cong., 1st sess., p. 1987; U.S. Congress, House Committee on Appropriations, Departments of Transportation and Housing and Development, and Related Agencies Appropriations Act, 2010, report to accompany H.R. 3288/P.L. 111-117, 111th Cong., 1st sess., December 8, 2009, H.Rept. 111-366, p. 46; and Consolidated Appropriations Act, 2017 (H.R. 244), Division K. ; Consolidated Appropriations Act, 2018 (H.R. 1625), Division L; and Consolidated Appropriations Act, 2019 (H.J.Res. 31).
9498.	M. Robin Dion et al., The Family Unification Program: A Housing Resource for Youth Aging Out of Foster Care, Mathematica Policy Research and Chapin Hall Center for Children, University of Chicago, for the U.S. Department of Housing and Urban Development, May 2014, https://www.huduser.gov/portal/publications/Supportive_housing_for_youth.pdf. .
9599.	For additional information, see CRS Report RL33785, Runaway and Homeless Youth: Demographics and Programs, by Adrienne L. Fernandes-Alcantara.	100.