Texas Family Code 264.1214 – Housing for Homeless Youth Aging Out of Foster Care
(a) For a youth who will voluntarily enter extended foster care on the youth’s 18th birthday, the youth’s caseworker shall, not later than six months before the youth’s 18th birthday, complete any necessary transitional living or supervised independent living paperwork to ensure the youth has housing on the date the youth enters extended foster care. Not later than the 90th day before the youth’s 18th birthday, the caseworker shall review the qualifications and requirements for the youth’s housing.
(b) If a youth intends to continue living with the youth’s substitute care provider after the youth’s 18th birthday, the department shall waive any background check otherwise required for the youth to remain living with the substitute care provider.
Terms Used In Texas Family Code 264.1214
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) For a youth who continues living with the youth’s substitute care provider after the youth’s 18th birthday, the youth may share a bedroom with another youth who is 16 years of age or older provided the age difference between the youths does not exceed two years.
(d) A substitute care provider who prohibits a youth from living in the facility after the youth’s 18th birthday shall notify the youth’s caseworker of that fact:
(1) not later than:
(A) the 90th day before the youth’s 18th birthday if the facility is a foster home; or
(B) six months before the youth’s 18th birthday if the facility is a cottage family home or general residential operation; or
(2) as soon as possible if the youth is placed in a foster home, cottage family home, or general residential operation less than six months before the youth’s 18th birthday.
(e) After receiving notice under Subsection (d), the youth’s caseworker shall verbally communicate with the youth about the youth’s living arrangements and document the substance of the communication in the youth’s case file.
(f) The department shall assist a youth living in a supervised independent living program arrangement to develop a rental history by allowing the youth to cosign the lease for the youth’s housing provided the property owner does not object.
(g) The department by rule shall establish a protocol that may be implemented for a youth to prevent the youth from aging out of a residential treatment center. The protocol, if implemented, must be implemented not later than the youth’s 17th birthday or at the time the youth is placed in a residential treatment center after the youth’s 17th birthday.