What Is Aging Out Of Foster Care?

Aging out of foster care is when a young person reaches a certain age, is legally considered independent, and will, therefore, no longer have the support of the foster care system. The age at which kids “age out” of the foster care system, also called “the age of emancipation,” varies by state but will usually be between 18 and 21. In most states, the age at which kids age out of the foster care system is 18. 

When the state considers you independent, you must live outside the foster care system. It is a huge change and can cause tremendous fear and nervousness. However, just because you do not have the support of the foster care system does not mean that you will not have any support. 

This article provides an overview of what it means to age out of the foster care system. If you or someone you care about is about to age out of the foster care system, the best resource for answers to your specific questions is a local and experienced family law attorney. 

The Legal Implications of Reaching the Age of Emancipation 

When you reach the age of emancipation and leave foster care, you can expect significant changes to your living situation. There are also some significant legal changes that you should be aware of. 

After aging out of the foster care system, you are considered a legal adult. You will have complete control and responsibility for all your personal decisions. As an adult, you can manage your finances, make your own healthcare decisions, and enter into lease and rental agreements. But being a legal adult also means the state is no longer responsible for providing housing for you. You will have:

• Find housing and understand your rights and responsibilities when it comes to housing
• Find a job and understand your rights and responsibilities when it comes to being an employee
• Take full financial responsibility for yourself and your actions

This is not to say there is no safety net to support you. There are resources to help you transition from foster care to independent living. We identify those resources throughout this article. 

Transitional Living Programs 

Leaving foster care means leaving your foster home and your foster parents. That means no more shelter and no more oversight.

Depending on where you live, local government programs and non-profit organizations may provide support as you move to independence. Some of these places may offer a place to live as you look for a job, look for educational opportunities, and establish yourself as an independent adult. These programs, often called transitional living programs, may also offer life skills classes, money management classes, and other specific programs to help you move into adulthood. 

Educational Rights of the Newly Emancipated 

While no longer legally required to be in school, young adults still have some rights to education if they want to pursue it. Education can be the right avenue toward a high school diploma, college degree, vocational training, and bigger and better opportunities. 

Many states offer free tuition programs for people formerly in foster care who attend state colleges and universities. The Education and Training Voucher (ETV) program is a federal program that gives financial aid to anyone who wants an education after high school. 

Organizations like Foster Care to Success offer scholarships and grants tailored to the unique needs of former foster youth. Also, many campuses have support programs, like Guardian Scholars or Fostering Success, that provide academic guidance, mentoring, and a supportive community to help you adjust to college life. These resources are there to enable you to build a strong future. 

Healthcare Considerations and Access 

You will likely still be able to get health insurance until you are 26 through Medicaid, as most states extend Medicaid coverage to people formerly in foster care until they are 26. Contact your state’s Medicaid office or visit the Medicaid website to enroll. 

You can purchase health insurance through the government’s Health Insurance Marketplace if you do not qualify for Medicaid. The Health Insurance Marketplace offers health insurance plans with varying levels of coverage, from essential medical services to comprehensive health insurance packages, including dental and vision. It would be best to compare plans, consider your circumstances, and enroll in health insurance. 

Depending on where you live, there may also be free or low-cost health services and healthcare providers near you. As an independent adult, you will be the one responsible for scheduling and going to appointments with doctors and dentists. 

Continued Access to Social Services 

There are still many social services programs that can help you even after you have aged out of foster care. Check for local food assistance programs, homelessness prevention initiatives, social workers, free behavioral health counseling services, substance abuse rehabilitation programs, and other support systems to help you. Services like this offer guidance and support as you grow accustomed to your new independence. 

Resources for the Newly Emancipated 

Many non-profit and advocacy groups offer resources and support to newly emancipated people. Organizations like the Foster Care to Success and the Jim Casey Youth Opportunities Initiative provide life skills training, financial assistance, stability, and mentorship to help you as you get accustomed to independence. The National Foster Youth Institute and the Children’s Rights advocacy group work to protect the rights of former foster youth and offer legal assistance and a community for former foster youth. 

Aging out of foster care is a significant step in your life. You will surely have questions and concerns about the best pathway for you. Building your own life is exciting, but challenges and setbacks shouldn’t discourage you. As you’re starting out, contact an experienced family law attorney for answers to legal questions.