Extended Foster Care in Kansas

General Eligibility

The court may retain jurisdiction over a youth until age 18, or until June 1 of the school year during which the child turned 18 if the child is attending high school. The court may also retain jurisdiction if there is no court approved transition plan, in which event jurisdiction may continue until a transition plan is approved by the court or until the child reaches the age of 21. Kan. Stat. § 38-2203.

Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. Id.

Voluntary Care Agreement Requirement

Kansas does not require that youth sign a voluntary care agreement to participate in extended care.

Kansas law does not allow for re-entry.

Court Oversight of Extended Care

The court may retain jurisdiction over a youth until age 18, or until June 1 of the school year during which the child turned 18 if the child is attending high school. The court may also retain jurisdiction if there is no court approved transition plan, in which event jurisdiction may continue until a transition plan is approved by the court or until the child reaches the age of 21. Kan. Stat. § 38-2203.

Termination of Extended Care

Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction will cease. Kan. Stat. § 38-2203.

Eligibility for Extended Adoption Assistance

State-funded adoption assistance may continue past age 18 until age 21, if the child has current documentation of the youth’s physical or mental disability which warrants continuation beyond age 18. Kan. Dep’t for Children & Fam. Prevention & Protection Servs., Policy and Procedure Manual, Policy No. 6260(B) (2018).

If the youth is still in high school, state-funded adoption assistance may continue beyond age 18 until the youth graduates from high school, as long as the youth continues to be dependent upon his or her parents for support. Id.; see also Kan. Stat. § 38-323 (authorizing assistance to extend until age 21 for youth who is “participating in an educational or training program approved by the secretary”).

Eligibility for Extended Guardianship Assistance

Permanent Custodianship subsidy shall not continue beyond 18, unless the youth is still in high school; then the subsidy may continue until the youth graduates or until age 21, whichever is first. Kan. Dep’t for Children & Fam. Prevention & Protection Servs., Policy and Procedure Manual, Policy No. 6116 (2018).