Defining Foster Youth

Download the CDE Foster Youth Definitions document and see additional information on the definitions tab of the CDE webpage.

Pursuant to EC § 42238.01(b), the following children and youth are considered “foster youth” for purposes of the LCFF:

• A child or youth who is the subject of a petition filed under Welfare and Institutions Code (WIC) § 300 (meaning a court has taken jurisdiction over a child and declared the child to be a dependent of the court due to the presence or risk of abuse or neglect).

• A child or youth who is the subject of a petition filed under WIC § 602 (meaning a court has taken jurisdiction over a child and declared the child to be a ward of the court due to the child’s violation of certain criminal laws) and has been ordered by a court to be removed from home pursuant to WIC § 727 and placed in foster care as defined by WIC § 727.4(d).

• A youth between ages 18 and 21 who is enrolled in high school, is a non-minor dependent under the placement responsibility of child welfare, probation, or a tribal organization participating in an agreement pursuant to WIC §10553.1, and is participating in a transitional living case plan.

• A child or youth who is the subject of a voluntary placement agreement (effective January 1, 2022, per AB 1055).

• A dependent child or youth of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in accordance with the tribe's law (effective as of the 2020-21 fiscal year per AB 1962 and amended by AB 1055, effective January 1, 2022).

Since tribal foster youth are not under the jurisdiction of the California juvenile court system, and their information is not collected on a statewide level, nor will such information be collected in the future, it will fall to Local Educational Agencies (LEAs) to collect this information at the local level and report it to the California Department of Education (CDE).   Go to the Tribal Youth Foster Youth page for additional guidance.

The LCFF definition of a pupil in foster care does NOT include a child or youth who:

• is receiving voluntary family maintenance services and is NOT the subject voluntary placement agreement,

• is an Unaccompanied Refugee Minor (URM), or

• is the subject of a petition filed under WIC § 602 that has NOT been ordered to be removed from their home.

There are two answers to this question:

• Child Welfare and Probation Departments consider a child who is subject to a Welfare and Institutions Code 602 petition and who has a placement order (that is a child who is placed away from his family of origin) to be considered in foster care. This aligns with the federal definition of a child in foster care in both child welfare and education statute.

• Specific education rights and entitlements have been granted to all students who are subject to a 602 petition in California, regardless of where they live although this does not affect the definition of a student in foster care for purposes of LCFF or FYSCP. This is referenced in Education Code Section 48853.5.

There are several distinctions between a mandatory child welfare placement and a voluntary placement (Voluntary Placement Agreement). Primarily:

• Children placed through a child welfare placement are subject to a petition filed through Juvenile Court. The petition for abuse and/or neglect has been substantiated through a legal process and the child has been found to need protection under associated statutes. Care, custody and control is vested with the court. This status can only be terminated through a court process.

• A Voluntary Placement Agreement is where a parent voluntarily agrees to have their child placed with, and their care overseen by, a child welfare authority. The parent can terminate this agreement and the placement at any time.

Per California Code, Welfare and Institutions Code - WIC § 11400, a Voluntary Placement Agreement “voluntary placement” means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1 , after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department, licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.

Voluntary Placement is a planned and time-limited approach, with the goal of returning children safely to their home without juvenile court intervention. It aims to reach consensus on a safety plan that protects the child and preserves the family. Voluntary Placement promotes family decision-making by specifically encouraging families to do the following:

• Determine the need for out-of-home care

• Participate in the development of a case plan, including the appropriate time for the child’s return home

Prior to entering into a Voluntary Placement Agreement (VPA) with a parent or legal guardian, the CSW is required to make every effort to keep the family together through the use of a Family Maintenance Program.

There are many situations that might lead to a parent entering into a Voluntary Placement Agreement on behalf of their child. Instances may include a child whose mental health needs are beyond what the family can provide.

Sample Voluntary Placement Agreement forms are linked below.

• SOC155-Voluntary Placement Agreement-Placement Request

• SOC155C-Voluntary Placement Agreement Parent Agency (Indian Child)

Per California Code, Welfare and Institutions Code - WIC § 11400, a Voluntary Placement Agreement “voluntary placement” means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1 , after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department, licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.

The Adoption Assistance Program (AAP) is an entitlement program to provide financial and medical coverage to facilitate the adoption of children who otherwise would remain in long-term foster care. Public Law 96-272 - the Adoption Assistance and Child Welfare Act of 1980 created federal incentives to encourage the adoption of special needs children. The California State Legislature created the Adoption Assistance Program with the intent to provide the security and stability of a permanent home through adoption. AAP eligible children may receive federally funded benefits or non-federally funded benefits per state guidelines. The request for AAP benefits, the eligibility determination, benefit negotiation and execution of the AAP agreement must be completed prior to the adoption finalization. 

See more information here:

https://www.cdss.ca.gov/inforesources/adoptions/adoption-assistance-program

Per California Code, Welfare and Institutions Code - WIC § 11400, a Voluntary Placement Agreement “voluntary placement” means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1 , after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department, licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.

Students who are in foster care under the authority of a tribal court will self-identify much in the same manner as a student experiencing homelessness. LEAs should include information about entitlements to families and include questions on enrollment documents.

See additional guidance on the Tribal Foster Youth page.