C. Rights of Young Adults

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.

While the young adult is only eligible for federally funded extended foster care if they return during trial independence, the young adult may return to extended foster care, even if the trial independence period has expired, at any time prior to the month of their 21st birthday as long as a placement is available and they meet the requirements. 40 Tex. Admin. Code § 700.346(e).

While the court's jurisdiction automatically terminates by the young adult's 21st birthday or sooner, young adults may continue to receive extended foster care benefits until the young adult's 22nd birthday if the young adult is regularly attending high school or a program leading toward a high school diploma or high school equivalence certificate. 40 Tex. Admin. Code § 700.346(c).

It is important to remember that even though a young adult may meet all eligibility criteria for extended foster care, there is no guarantee that a placement will be found for the young adult. If there is no placement available, the young adult may not enter extended foster care. Young adults who are most vulnerable to not having a placement available to them are those who have had recent psychiatric hospital admissions, those with juvenile and criminal history, those with allegations of abuse against another child that were not ruled out, and those with a history of behavioral problems in past placements.