Tribal Foster Youth

AB 1962 (2018) amends EC § 49085 and changes the definition of "foster youth" for state funding and accountability purposes by adding a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court's jurisdiction in accordance with the tribe's law, provided that the child would also meet one of the descriptions in WIC § 300 describing when a child may be adjudged a dependent child of the juvenile court. This change is effective in the 2020–2021 fiscal year.

AB 1055 (2021) amends EC § 42238.01 and addresses the unintended consequences of AB 1962 (2018) by ensuring that every student in foster care under the authority of a tribal court, if identified to an LEA by the Tribe or Tribal Court, will receive the same entitlements afforded to all students in foster care in California. In addition, it aligns California’s definition of a student in foster care with the federal definition in ESSA, by including those students who are on a Voluntary Placement Agreement (VPA) in the definition of a student in foster care. This change is effective January 1, 2022.

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