Non-Minor Dependents (NMD)
Advocacy Strategies
SFCASA ADVOCACY AREAS:
Education, Placement, Independent Living Skills, Community Connections
Why we advocate
Non-Minor Dependent (NMD) is the title given to a foster youth who has opted to remain in care beyond their 18th birthday. In California, foster youth may remain in care until their 21st birthday.
Foster youth who have aged out of the system without legal permanency are more likely to be underemployed, have unplanned pregnancies, and experience poverty and the adult criminal system. When a foster youth opts into extended care, they have a safety net of support while experiencing increasing independence in a secure living environment. These extra years of support can better prepare a youth for successful transition into adulthood.
In order for an NMD to have a CASA, the NMD must sign our consent form. Make sure that your Case Supervisor receives a copy.
HOW TO ADVOCATE
A CASA supporting an NMD:
- Empowers them to take ownership and control over their lives and futures;
- Supports them in building personal and professional networks and achieving permanency;
- Models and imparts adult skills required to be fully independent and stable; and
- Stays present to help them celebrate their triumphs and recover from their slip-ups.
Encouraging their autonomy is especially important because many young people who have spent time in foster care, especially in group homes, might have lived under rules that constrained their ability to develop independent living skills.
Give your youth the space to make their own decisions, but offer yourself as a sounding board in the process. Let them try things out on their own, which may succeed or fail, but remain consistently present and encouraging of their efforts.
Extended Foster Care Participation Requirements:
Extended foster care is an “opt-out” program. The presumption is that the youth will stay in care unless they affirmatively choose to have their case dismissed. However, there are requirements for remaining in care:
1) Complete high school or work toward your diploma equivalency,
2) Attend college or vocational school,
3) Be employed at least 80 hours a month,
4) Participate in a program to remove barriers to employment (for example a job training program, substance abuse treatment, driver’s ed, mental health treatment, or many other possible programs)
5) Have an inability to do 1, 2, 3, or 4 because of a documented medical condition.
Extended Foster Care Process for Enrollment
At the six month hearing prior to youth turning age 18, the social worker/probation officer must have a plan in place with the youth for what will happen when they are 18. If they choose to remain in care, the non-minor dependent must sign an agreement to reside in an eligible placement location and agree to work with a social worker to meet the goals outlined in their Transitional Independent Living Case Plan.
Re-Entry Rights
Youth who are otherwise eligible for Extended Foster Care benefits can leave foster care – and as long as they meet the conditions – can petition the court to re-enter foster care at a later time. They would need to enter into a Voluntary Reentry Agreement, and move into an approved placement. A youth may leave and re-enter as often as they choose.
Getting Started & Engagement Guide
CASAs to Transitional Age Youth (TAY), Justice System-involved youth (JJ), and Non-Minor Dependents (NMDs) should request a “warm handoff” from a team member with a positive relationship with the youth (attorney, Social Worker, Probation Officer, etc) as soon as they are appointed on the case.
CASAs should also concurrently start reaching out to the youth via text, call, voice message, etc 1-2x weekly to introduce themselves, engage with the youth, and set up an initial meeting. If the youth agrees to meet, a warm handoff may not be necessary. There is no need to wait for a warm handoff to meet with the youth if they are responsive.
After the first meeting, CASAs should continue to reach out to the youth 1-2x weekly (as appropriate and customized to youth’s unique situation/needs), to check in and plan future meetings.
If the youth is unresponsive to all messages, the CASA should continue light outreach, no more than 1x week, for 6 months. The CASA should remain engaged with the team members, doing background work and staying up to date on case proceedings from the team, and continue to attend CFTs and hearings.
After 6 months, if the youth has not engaged with the CASA, the CASA can consult their CS and the youth’s team and evaluate whether the CASA should remain on the case*.
If it is determined that the CASA is no longer needed or will be unsuccessful connecting at this time, then the CASA may communicate to the youth that they understand the youth may not be interested in a relationship at this time, affirm and respect that choice, and provide them contact information for the SFCASA office should they wish to be appointed a CASA at a later point. The CASA should also provide the youth with a one page hand out of community resources outside of SFCASA.
*CASAs and CSs will consider if the CASA should come off the case by asking the following questions: • Has the youth consistently been unresponsive, or has their communication been inconsistent but sometimes they respond?
• Has the youth ever reached out in crisis or asked the CASA for help with a need?
• Does the team think the youth is in a position to engage with a CASA at this time?
• Does the team wish for the CASA to stay on?
APPROPRIATE LANGUAGE TO USE AS A CASA
A youth who is thinking about remaining in foster care past their 18th birthday has a lot to think about. Think for a moment about your own path to adulthood. Was it an easy one? Did you know you were going to college? Did you have a family to support you? Now think about your youth. What options do they have? Are they eager to get out of the foster care system? They may be, especially if they had a difficult experience in foster care. Taking advantage of Extended Foster Care benefits may not be their first priority.
Asking (instead of telling), shows that you respect the young adult, and empowers them to articulate their ideas, goals, and plans. It also helps you to listen and resist the temptation to guide them toward what you may think is best. Oftentimes, people have clear ideas in their heads about what they want out of life, but they may fear that they are not worth mentioning, or not developed enough, or are too ambitious. By asking questions of young adults, you show that you believe in them and value their own perspectives about their lives above all others.
First, understand that the youth may have been “dreaming” about getting out from under the foster care system for a long time. Ask them about their dreams- and listen. Don’t assume you know what they are thinking. Ask questions, and listen.
Sample questions:
- Have you thought about what you want to do when you turn 18?
- What do you want to do?
- What are your dreams?
- Have you considered staying in foster care until age 21?
- What about doing _ ?
- What are your concerns and/or fears – about staying in care, or about being on your own?
Your thinking should include an understanding of the existing family connections, significant others, and important people in the youth’s life. The youth may not know how to maintain relationships with loved ones if they were to move or go to college far away.
SFCASA recommends employing a strengths-based approach of celebrating the youth’s ability to bounce back from hardship, and the maturity they have gained from struggle. This can help young adults to shift their focus from challenges to opportunities.
Surviving the dependency system is itself a triumph, and if your young adult seems to feel defeated about the future, remind them that they are resilient, and that most people (yourself included, possibly) could not handle as much as they are at their age.
Find things your young adult does well and praise them, helping them to explicitly connect their skills to paths to successful adulthood.
You can help your young adult build self-esteem and equip them for self-advocacy by being a consistent and encouraging presence. Remind them that you are invested in their independence and success. Support is essential to self-esteem and self-efficacy!
Please refer to this resource from California CASA for more tips on how to navigate Extended Foster Care conversations with the youth that you serve.
Remember, this is an exciting but stressful time for your youth! Much of the preceding information was drawn from a 2013 California CASA NMD training. If you would like access to the full training, please ask your Case Supervisor!
LEGAL RIGHTS
When a youth turns 18, they assume the same adult rights as any other 18-year-old. They can opt to leave school, their placement, or the dependency system. They may (and should!) register to vote.
Learn more about healthcare rights and responsibilities and how they change when a youth turns 18 on our other Resource Pages:
Non-Minor Dependents have several options for where to live. They may remain with their current caregiver, live by themselves, live in an apartment with other foster youth, or live in a different foster home. If the youth is living in a group home, they can stay until they turn 19 or finish high school, whichever comes first. NMD Foster Care placement information.
Is your youth without a high school diploma, or its equivalent (GED, hiSET)? Are they interested in completing their K-12 education? They have options!
Is your youth interested in college or vocational programs? Check out SFCASA’s Educational Advocacy page for information on how to best support their higher education journey.
NMDs are eligible to be direct recipients of public benefits. Teaching your CASA youth how to navigate the benefits bureaucracy is an incredibly important piece of working with an NMD. Benefits advocacy and empowerment should include the enrollment process, setting calendar reminders for payments/re-enrollment (if necessary), and tips for how to represent themselves if/when a problem arises with the receipt of the benefits.
Resources/links to learn more
Homeless Youth Handbook: Turning 18/21 in Care
“How to Get and Keep a Job” Guide for Foster Youth
Partner Organizations
John Burton Advocates for Youth
San Francisco Independent Living Skills Program SF ILSP serves young people between the ages of 16 and 21 who have been in foster care or the juvenile justice system as they prepare for adulthood and independence. They offer a variety of group and individualized services to support our young people’s pursuit of their education, employment, daily living skills and life goals (including help with drivers license, cooking, GED planning to name a few)
RAMS (Richmond Area Multi-Services)
Westside Community Services - Adult Clinic
Hyde Street Community Services
Adult Criminal Justice System
If the young adult you work with is charged with a crime in the adult system, here are the steps you should take:
- Call the Public Defender’s office (415-553-1671) and request to be connected with the public defender assigned to the young adult’s case (need full name & DOB). Youth may not have attorney appointed until first court date. Once connected, introduce yourself, explain your CASA role, ask for a summary of the charges and estimate of what to expect, ask to be kept in the loop with proceedings/hearings, & ask how you can assist the case (character statements are common, providing background on the youth’s dependency system involvement, information about your relationship, humanize).
- Talk to Public Defender about the possibility of case being heard in Young Adult Court (YAC)*. If deemed appropriate by PD, write letter of recommendation that case be heard in YAC, citing youth’s background, and engagement with you as a CASA, and submit it to the Public Defender, who will submit it to the District Attorney, Azita Ghafourpour. Example recommendation letter here.
- Connect the adult Public Defender with the juvenile attorney, PO, or AB-12 Social Worker.
- If the young adult is detained, add some money to their commissary. Write them a letter and include your phone number so they know how to reach you. Use the office address as the return address to protect confidentiality.
- Share programming inside jail with young adult.
- Get on the visitation list and visit the young adult.
Young Adult Court (YAC)*
YAC is a deferred entry of judgement diversion program and collaborative court for young adults, 18-24, charged with crimes in the adult system in San Francisco. Participants are assigned a multidisciplinary care team consisting of social workers, case managers, attorneys, and Judge Chan, and check in weekly with the court for one year. Successful completion of the program results in withdrawal of a guilty plea (deferred entry of judgement) and the incident does not go on the young adult’s record (80% of participants) OR if the young adult is already on probation, successful completion results in getting off probation early (20% of participants). Eligibility for YAC: first time, minor offenses are automatically handled in YAC. Other cases may participate at the DA’s recommendation. Talk to youth’s Public Defender about making such a recommendation. Learn more about YAC here and here.
CE opportunities
None at this time.