Legal Base

A Special Session of the 105th Maine Legislature granted full adult rights to eighteen year olds. As a protection for youth in the custody of the Department of Human Services, who might need continued care, Title 22, Section 3A was amended to allow the Department to continue to provide for the care and support of young adults when it was determined to be for their benefit and in agreement with Departmental policy.

22 MRSA, Section 3-A reads:

“When a state ward becomes eighteen years of age and he (she) and the Department agree that the need for care and support for educational, social, or physical reasons exists, the Department is authorized to continue care and support of this person to the age of twenty-one years.”

Policy

Effective June 9, 1972 and thereafter, any youth in the custody of the Department of Human Services who reaches age 18 is automatically dismissed from custody and achieves full adult rights and responsibilities. However, the Department of Human Services caseworker* and the youth may negotiate a written agreement (V9) for continued care for the following reasons:

• Obtaining a high school diploma, general equivalency diploma, going on to a post-secondary educational program, or a specialized post-secondary education certification program.
• Participation in an employment skills support program.
• Mental health or other counseling support.
• Specialized placement needs.
• Pregnancy and parenting support needs.
• Medical and special health conditions, or needs.

*The definition of “Department of Human Services caseworker” includes Children’s Services caseworkers, Child Protective caseworkers, and Adoption caseworkers.

States have the option of accessing federal Title IV-E funds for youth continuing in care after age 18. The Department will choose this option for any youth continuing in care after the age of 18. In order for the Department to access Title IV-E federal funding for any youth after age 18, the requirements of a case plan, a review, and a permanency hearing must be met. The review could be an administrative review. Permanency hearings would occur before the court prior to the youth's 18th birthday. It is suggested that the court permanency hearing be scheduled to occur at least one month prior to the youth's 18th birthday. The following conditions apply with regard to Title IV-E eligibility after the age of 18:

• Title IV-E funds are available only until the child reaches the age of 19.
• The 18 year old must be in Departmental care and supervision as evidenced by a signed Voluntary Extended Care (V9) Agreement.
• The 18 year old must be a full time student in a secondary school, or it's equivalent and expecting to graduate prior to their 19th birthday.
• Eligibility for Title IV-E ceases at the end of the month that the child leaves school, or on the day that they become 19 years of age; whichever occurs first.

1. No youth in care may be accepted for continuing services after their 18th birthday unless an “Application and Agreement of Responsibility for Continued Care” (V9) has been signed by both the youth and their caseworker prior to age 18. (See “Procedures, Extension of Care” section of this policy for further detail) A copy of this agreement should be maintained in the youth’s case record. If the youth is living with a care provider, a copy of the V9 Agreement should be given to the care provider.
2. Most youth on the Voluntary Extended Care Agreement (V9) will be expected to participate in a full time secondary or post-secondary educational program approved by the Department of Human Services caseworker and their supervisor. However, some youth who are on the V9 Agreement will not necessarily be required to participate in a full-time secondary or post-secondary educational program. The individual youth’s special educational and emotional support needs will be taken into consideration by the caseworker and their supervisor. A decision will then be made by the caseworker and supervisor which sets attainable educational, or employment preparation expectations for the youth.
3. Youth in care who are mentally, or physically challenged to the extent that they may not be able to function independently upon their discharge from care should be referred to other state government agencies for continued services in accordance with the interagency agreements in effect between the Department of Human Services and other state government agencies. Planning for this transition should begin at least one year prior to the youth becoming eighteen years of age and will include applying for other sources of possible financial support such as Supplemental Security Income, TANF, Medical Assistance program, and other local resources. These youth may be maintained on the V9 Agreement until an effective transition in made to the appropriate adult support resources.
4. The Department is not under any obligation to assume responsibility for any damages incurred by the youth after age 18. This should be made particularly clear to youth who will be owning and operating a motor vehicle. These youth are required by law to carry the required automobile liability insurance.
5. The Department will not assume any responsibility for any contracts made by the youth after age 18. (See L-2, Apartment living- Leases)
6. The Department will not provide legal counsel for any youth after age 18. The Department’s caseworker and their supervisor will be responsible for using discretion in making the decision with regard to whether or not to appear on behalf of the youth in a court proceeding.
7. Youth on the V9 Agreement are legally responsible for signing their own “release of information” forms; the Department’s caseworker may no longer sign release forms on behalf of the youth.
8. If a youth marries while on the V9 Agreement, the V9 Agreement will be terminated effective on the date of the marriage.
9. The Independent Living Program Manager may be consulted if the Department’s caseworker and their supervisor have questions relative to the interpretation of physical, social, educational, employment, or other identified needs with regard to the V9 Agreement.

Procedures:

Extension of Care
The Department’s caseworker will offer the Voluntary Extended Care Agreement (V9) and clearly relate the purposes for the Agreement to all youth in care at least 3 months prior to the youth’s 18 birthday. There are three exceptions to this:

• The youth is being transferred to another Department or agency program for continued services.
• The youth has been living with their parent/s prior to age 18 and will continue to do so after the age of 18. There is some exception to this if the youth’s home living arrangement is such that continued Departmental support is determined to be necessary by the caseworker and their supervisor; particularly if it appears that the youth may not be able to safely remain in their parent’s home for any length of time.
• The youth has had an unresolved history of criminal offenses against persons (sexual crimes or crimes of violence) and/or has continued to be consistently noncompliant with the Department’s expectations regarding placement and other services.

  The offer and negotiation of the V9 Agreement will take into account the youth’s individual circumstances.

  The caseworker will document, in the youth’s Maine Automated Child Welfare Informations System (MACWIS) case record, that the V9 Agreement was offered and the youth’s response.

  For youth refusing the offer of the V9 Agreement, their case will remain open for a 90 day grace period, beginning on the youth’s 18th birthday, to allow for the youth to change their mind. The youth will be advised in writing of the 90 grace period by their caseworker prior to age 18. If the youth can be contacted, the caseworker will state the Department’s expectations with regard to the V9 Agreement and let the youth know that they have 90 days within which to negotiate a mutually satisfactory agreement. The youth’s (MACWIS) case record will remain open as a “V9” for 90 days to allow for the youth to negotiate the agreement. The youth’s caseworker should document the offer of the V9 Agreement in the MACWIS “Narrative Log” and indicate what the V9 expectations would be should the youth decide to sign the V9 Agreement. An unsigned “draft” V9 Agreement may be entered in MACWIS at the discretion of the caseworker and their supervisor.

  A discharge interview will be conducted with each youth leaving Departmental care with the following exceptions:

• The youth refuses to meet with the caseworker.
• The youth’s whereabouts are unknown.

Information regarding the discharge interview and the status of the youth leaving care will be documented by the caseworker in the MACWIS “Narrative Log.”

Should youth who are already on the Voluntary Extended Care Agreement (V9) not meet the terms of their Agreement, or wish to voluntarily terminate the Agreement, the Agreement will remain in effect for a period of 90 days before being terminated. The caseworker and their supervisor shall determine whether or not to continue to provide financial support such as rent, clothing purchase orders, and other forms of financial support during the 90 period.

The Department’s caseworker will inform the youth in writing that they have 90 days within which to come back into compliance with the terms of the Agreement, or to renegotiate the terms of the Agreement. The youth will also be informed that they have the option of scheduling a meeting with their caseworker and the casework supervisor to discuss the terms of the V9 Agreement. If the youth has been working with a Department life skills caseworker, the life skills caseworker should also be included in any meeting to discuss the terms of the youth’s V9 Agreement.

Youth will be included in any discussions with regard to any proposed changes to the terms of their original V9 Agreement before any changes are made to their V9 Agreement. The decision making remains with the Department.

For those youth who engage in violent, other seriously criminal behavior, or are consistently non-compliant with the terms of the agreement while on the V9 Agreement, the caseworker and supervisor shall have the option of immediate termination of the V9 agreement.

The youth’s V9 agreement should be reviewed by the caseworker and supervisor every three months to assess the youth’s progress with regard to the terms of the agreement and the need for any revisions to the agreement.

There will be some exceptional cases where the youth has been out of care for a period of time exceeding 90 days and contact the Department asking to reenter care and do what is necessary to reenter care. In these exceptional cases the following protocol will be followed:

The Department’s caseworker will discuss the specifics of the youth’s situation with their supervisor, the regional Program Administrator, and the Bureau of Child and Family Service’s Independent Living Program Manager. The Independent Living Program Manager will then consult with the Bureau of Child and Family Service’s Division Director of Child Welfare Policy and Practice and the Director of District Operations. If all of the above named Departmental staff are in agreement that the youth should be allowed to reenter care, the youth will be reopened for continued services under the terms of a V9 Agreement.

Social Security, Veteran's, Administration, and Other Benefits:
When a youth becomes 18 years old and is no longer in Departmental custody, the Department has no basis for receiving benefits on his or her behalf unless the youth specifically requests that the Department do so. It is preferable for the youth to be their own payee and to experience handling their own benefits. In some instances, youth will not have the ability to manage their own benefits. These are youth who are being transferred from DHS care for continued services to the Department of Mental Retardation, Mental Health, and Substance Abuse Services, or to Adult Protective Services.

If the youth has not applied for benefits for which they might be eligible, the Department’s caseworker and their supervisor will assist the youth with applying for the necessary benefits prior to their 18th birthday.

Departmental staff are not to co-sign leases for any youth in the care or custody of the Department. Departmental staff do not have the authority to represent the Department in the co-signing of a lease. If the youth’s caseworker and their supervisor are supporting the youth’s plans for an apartment living situation, the caseworker should advise the youth with regard to their obligations in terms signing the lease. The caseworker and their supervisor will make the decision regarding whether or not to pay for all, or a portion, of the apartment rent.