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The Rights of Youth in Foster Care

Updated June 1st, 2006

It is important to familiarize yourself with the rights that youth have when entering placement, after they turn 16 years old, and when placement ends. There also are special considerations if youth are in placement at the time they turn 18 years old.

When Entering Placement

  • Youth must be offered services, resources, and a case plan within 30 days. The case plan is developed by the child protection case worker, the caregiver, and the youth and must include:

    • a description of the residential facility;

    • how the out-of-home placement will achieve a safe placement for the child in the least restrictive setting;

    • explain how the placement is in close proximity to their original family home;

    • explain how the placement is consistent with the best interests of the child;

    • give specific reasons for placement;

    • offer a description of the problems or conditions in the home of the caregiver which resulted in the placement;

    • offer a list of changes the caregiver must make in order to have the youth returned;

    • give a description of the services offered to help reunify the family;

    • list specific actions needed to be done by the caregiver to have the youth returned;

    • list reasonable efforts the county has done to have a safe and stable home for the youth to return to (if the youth is Native American the standard is even higher);

    • a description of services or resources requested by the caregiver;

    • an explanation of whether requested services or resources were granted or denied and the reasons for any denial of services or resources;

    • a visitation plan for the caregiver, relatives, and siblings;

    • if the caregiver’s rights have been terminated and the youth is made a ward of the state, documentation of steps to finalize the adoption.

  • Youth are entitled to free legal representation. Youth have a right to appeal:

    • out-of-home placements that do not meet their best needs;

    • case plans that do not outline specific services offered to help in reunification with the family or because they do not further the child’s interest; and

    • the denial of requested services under their out-of- home case plans. Attorneys represent the youth by providing their voice and direct opinions into the court process. Guardian Ad Litems represent the interest of the court from an objective position by advocating for the “best interest of the youth.” The youth and the Guardian Ad Litem may not always agree on what constitutes the best interest of the child. However, the youth has a right to not only request an attorney, but may also request the appointment of a Guardian Ad Litem.

After They Turn 16 Years Old

  • County Social Services are required by law to create an Independent Living Plan with
    youth ages 16 or older in out-of-home placement. 1 The objective of the plan is to cover areas needed by the youth to live independently as an adult, including:

    • educational planning

    • vocational planning

    • employment training

    • health care and medical coverage

    • transportation (including assisting the youth in obtaining a driver’s license)

    • money management

    • housing

    • social and recreational skills

    • establishing and maintaining connections with the child’s family and community

When Placement Ends

  • Entitled to a transitional service plan and after-care services.

      • A child in foster care at age 16 is entitled to social services and access to financial assistance to help the child develop independent living skills.

      These benefits continue up to age 21 if the youth is incapable of self-sustaining employment or is in need of continuing education or training beyond high school. A written notice explaining the benefits a youth is eligible for up until their 21st birthday has to be given to them 6 months before their 18th birthday.

  • Any youth who has been under state guardianship is eligible to receive foster care benefits up to age 21.

      • Once these services are requested by the youth, 2 the county must provide:

      • counseling

      • independent living skills training

      • access to community resources

      • financial assistance 3

      • college tuition waivers

      If they receive these benefits, youth are expected to:

      • have some other support in place, such as a part-time job

      • be involved in a program which furthers their education or employment

      • sign and agree to an Independent Living Skills plan with their county social worker

      • fill out all paperwork on time with county social worker

  • Application for assistance for post-secondary education funding.

      • Each year, DHS issues Education and Training Vouchers (ETVs) to as many as 200 youth formerly in out-of-home placements. Youth must be accepted into a postsecondary school or program before applying for an ETV, and must be age 18 to 21 at the time they begin the school or program.

      They must also have been in a county or tribal court approved out-of-home placement after age 14, or been adopted at age 16 or older. Youth do not currently need to be working with a county social worker to apply.

      There is one annual deadline for ETV applications, on May 1st. Awards are made for a full academic year, beginning with the fall semester. ETVs can fund higher education programs that include accredited universities, colleges, community colleges, vocational technical colleges, and other programs that prepare students for employment in a recognized occupation.

      Youth may use ETVs to pay for tuition, books, and fees; if the youth is a full-time student, they may also use ETVs for other things including: on- or off-campus room and board; transportation; child care; or computer. An ETV cannot exceed $5,000 per academic year, and the youth must also apply for federal and state financial aid. Youth can re-apply for each academic year.

      Students who are awarded an ETV will be expected to stay in communication with an assigned mentor, submit transcripts each semester, submit documentation of expenses, and maintain a 2.0 or higher grade point average.

      Find more information about the ETV program and download an application at the DHS website.

If They Are in Placement at the Time They Turn 18 Years Old

  • Transitional Services Plan and After Care Services.

      • The county must implement a transitional service plan when being discharged from a residential treatment (foster home, group home, or treatment center).

      The county’s responsibility includes the monitoring and coordinating of after care services to the youth. This may include housing support, education or employment services, transportation, health care coverage, and connection to community resources.

  • Continued County Services Through Youth’s 21st birthday.

      • Youth provided with foster care benefits may receive services up through the youth’s 21st year.

      However, the jurisdiction of the court over the child ends when the child reaches 18 years, unless the court continues jurisdiction to the 19th year. Youth in out-of-home placement must receive written notice 6 months prior to their 18th birthday that they are entitled to continued services up to age 21.

  • Free Tuition at Minnesota Universities or Community Colleges.

      • Youth under the age of 21 who are under the guardianship of the state are qualified for admission to a Minnesota state college or university. However, the youth must contribute partially to their tuition through work if the youth are able to work.

  1. MS 260c212(1)(8) [back]
  2. To request these services, the youth has to inform their county social worker and then either fill out an application or do an intake with their social worker [back]
  3. Financial assistance can be up to $450 per month, depending on the formula [back]

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