B. Trial Independence
“Trial independence” allows young adults who exit foster care on their 18th birthday or any time prior to their 21st birthday, if in extended foster care, to then decide to voluntarily return to extended foster care within six months (or within a 12-month period if authorized by a court order) for additional support. It is the status assigned to a young adult under Tex. Fam. Code § 263.6015, which is automatic and mandatory for a minimum of 6 months beginning on:
• The date of the young adult's 18th birthday; or
• The date the young adult exits extended foster care. Tex. Fam. Code § 263.6015(b).
A court may order trial independence status extended for a period that exceeds the mandatory period under Tex. Fam. Code § 263.6015(b) but cannot exceed one year from the date the period under Tex. Fam. Code § 263.6015(b) commences. Tex. Fam. Code § 263.6015(c).
Each time a young adult exits foster care (originally at 18 or extended foster care), the young adult will complete a new six-month period of trial independence. Tex. Fam. Code § 263.6015(d).
A young adult's trial independence status ends on the young adult's 21st birthday. Tex. Fam. Code § 263.6015(e).
The court must also maintain jurisdiction over a young adult age 18 or older who temporarily leaves foster care for a "trial independence" period. This is so that if/when the young adult returns to foster care, the young adult (and DFPS) will not lose eligibility for federal funding, this allows DFPS to draw down federal dollars to help provide services to young adults who exit and later return to care. This statutory structure assists the child welfare agency in ensuring federal funding to assist with extended foster care services. Without it, DFPS would not be able to serve many of the young adults who leave foster care after turning 18 and later find they need to return to care for additional supports and services while they transition to independence. Extended care also offers support and stable placement for young adults pursuing higher education. The court may extend its jurisdiction beyond the end of trial independence if the young adult requests it and receives transitional living services from DFPS. Tex. Fam. Code § 263.6021. This gives the young adult the opportunity to return to court to ensure they are receiving appropriate or additional service if needed without having to remain in extended foster care. A young adult who consents to the continued jurisdiction of the court has the same rights as any other adult of the same age. Tex. Fam. Code § 263.608. A young adult who enters or reenters extended foster care after a period of trial independence must complete a new trial independence period upon exiting extended foster care. Each trial independence period may last no more than one year. Tex. Fam. Code § 263.6015.
Unless the court extends its jurisdiction over a young adult beyond the end of trial independence as provided by Tex. Fam. Code § 263.6021(a) or Tex. Fam. Code § 263.603(a), the court's extended jurisdiction over a young adult terminates on the earlier of:
• The last day of the month in which trial independence ends; or
• The young adult's 21st birthday. Tex. Fam. Code § 263.602(f).
A court with extended jurisdiction is not required to conduct periodic hearings as described in Tex. Fam. Code § 263.602 for a young adult who is only on trial independence status and may not compel a young adult who has elected to not enter or has exited extended foster care to attend a court hearing. However, a court may, at the request of the young adult who is on trial independence status, conduct a hearing described by Tex. Fam. Code § 263.602(b) or Tex. Fam. Code § 263.6021 to review any transitional living services the young adult is receiving during trial independence. Tex. Fam. Code § 263.602(g).
For more information, see an Extended Court Jurisdiction Flowchart developed by DFPS.[20]
Unless a young adult receiving voluntary transitional living services while on trial independence reenters extended foster care before the end of the court's extended jurisdiction, the extended jurisdiction of the court ends on the earlier of:
• The young adult's 21st birthday; or
• The date the young adult withdraws consent to the extension of the court's jurisdiction in writing or in court. Tex. Fam. Code § 263.6021(b).
For more information, see a Brief Overview of Transitional Living Services developed by DFPS.[21]