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When you turn 18, the court for your CPS case will keep your case open and continue to have power to monitor your case for a limited amount of time. If you stay in extended foster care, the court is required by law to continue to monitor your case. Once you leave foster care, the court still has power over your case for six to 12 months of trial independence. The court has this power over your case during trial independence in case you need court assistance during this time. It also has this power so that CPS can more quickly assist you if you decide to return to extended foster care.
If you are not in extended foster care, hearings are not required to take place and you cannot be required to attend any hearing that the court may choose to hold during this time. However, if there are problems or concerns, attending the hearing is a good idea. CPS will not be supervising your situation or maintaining contact with you during this time unless you ask for transitional living services such as the Transitional Living Allowance (“PAL check”), Aftercare Room and Board, Education and Training Voucher, or transition support services. If your trial independence is ending and you do not want to return to extended foster care, you can still ask the judge to keep your court case open until you turn 21 in case you need future court assistance.
The best way to let the court know that you want your court case kept open until you are 21 or that you want a 12-month trial independence is to go to your court hearings and tell the judge. You should also tell your caseworker, CASA, and attorney. You can submit a request in writing to the court. If you submit a written request, be sure to include your full name, address, phone number, the name of the court, and your court case number if you know it. Contact the Texas Foster Youth Justice Project at (877) 313-3688 if you need assistance or would like a sample written request to fill out and give to the judge.
Remember, at 18 years old you are an adult and are no longer in the legal custody (conservatorship) of CPS. The court can no longer tell you what to do or where to live. Extended court jurisdiction can support your employment or educational goals, address other important needs, and resolve matters that CPS did not take care of, such as providing identification documents and helping you contact your siblings.