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Public Defender's Office
Public Defender's Office

AB12: Non-Minor Dependent Youth and Extended Foster Care (EFC)

The California Fostering Connections to Success Act, known as AB12, took effect in 2012 and allows eligible youth to remain in foster care beyond age 18 up to age 21. Now known as Extended Foster Care (EFC) services, this law and its subsequent legislation provide youth with the time and support needed to gradually become fully independent adults. 

Eligible youth can make decisions regarding their housing, education, employment, and leisure activities, while receiving ongoing support and assistance when they are struggling. 

Foster youth who participate in EFC are designated as Non-Minor Dependents (NMDs). 

Youth who are between the ages of 18 to 21 and were in foster care on their 18th birthday, qualify for extended foster care (EFC) services. To maintain eligibility to participate in EFC, youth must meet one of five participation criteria:

  • Working toward completion of high school or equivalent program; or
  • Enrollment in higher education or vocational education program; or
  • Employed at least 80 hours per month; or
  • Participating in a program to remove barriers to employment; or (the threshold is low, even applying for work, or meeting monthly with a case worker or PO qualify as meeting this criterion)
  • The inability to participation in any of the above programs due to a verified medical condition.

NMDs participate in Extended Foster Care youth through the Department of Family and Children’s Services​ and the Probation Department. They meet monthly with their assigned social worker or Probation Officer and may attend hearings (they are not required to be present at these hearings) through the Dependency or Juvenile Justice Court where the case worker is required to report on their progress to the Court. NMDs receive support in meeting their eligibility criteria, life skills classes, assistance receiving public benefits and applying for student financial aid, a monthly financial stipend, and housing assistance during their post-EFC transition (also during their time as an EFC).

There are several housing options for NMDs including:

  • Remain in existing home of a relative; licensed foster family home; certified foster family agency home; home of a non-related legal guardian (whose guardianship was established by the juvenile court); or STRTP (youth may remain in a group home after age 19 only if the criteria for a medical condition and/or EFC eligibility is met and the placement is a short-term transition to an appropriate system of care); or
  • THP-Plus Foster Care (THP+FC) - this program has three models: 
    • Host Family where the MND lives with a caring adult who has been selected and approved by the transitional housing provider;
    • Single Site where the NMD lives in an apartment, condominium or single-family dwelling rented or leased by the housing provider with an employee(s) living on site; or 
    • Remote Site where the NMD lives independently in one of the housing types listed above with regular supervision from the provider; or
  • Supervised Independent Living Placement (SILP) - this placement option allows youth to live independently in an apartment, house, condominium, room and board arrangement or college dorm, alone or with a roommate(s), while still receiving the supervision of a social worker/probation officer. The youth may directly receive all or part of the foster care rate pursuant to the mutual agreement.

NMDs can reside in-county, out-of-county and/or out-of-state and continue to receive supportive services and monthly-mandated face-to-face contact with their Probation Officer.  

Visit the following sites for additional information about Extended Foster Care:

Transitioned Age Youth (TAY) Services

State of California Social Services, Extended Foster Care Program and Resources

Child Advocates of Silicon Valley: “Non Minor Dependents 18+”