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 Juvenile
Law Center Leads Amicus Effort for Foster Youth in College
Juvenile Law Center, 2005
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https://www.bridges4kids.org.
The Juvenile Law
Center has taken the lead in advocating for state support for
foster care youth enrolled in college by drafting an amicus
brief to the Superior Court of Pennsylvania. The brief is on
behalf of S.J., a college student petitioning for the legal
right to remain in the foster care system while she earns her
degree. KidsVoice, a child advocacy organization based in
Pittsburgh, represents S.J.
S.J. was ruled dependent and was in the foster care system
before turning 18. After earning her high school diploma and
before turning 18, she petitioned the court to allow her to
remain in care while attending college. The court granted S.J.’s
request and ordered the county children and youth agency (CYA)
to provide limited financial support to S.J. and her foster
parents during this time. CYA appealed the court’s decision.
Amici who have signed on to JLC’s effort argue that the Juvenile
Act, the Adoption and Safe Families Act of 1997, the Foster Care
Independence Act and Pennsylvania case law support the juvenile
court’s decision. S.J.’s enrollment in college certainly
constitutes being in a "course of instruction," according to the
Juvenile Act. The court was also correct in considering
financial support for the family necessary during college breaks
because dormitories are closed and students are forced to leave
campus. The purpose of the Foster Care Independence Act is to
ensure that older foster youth achieve meaningful self
sufficiency. By retaining jurisdiction of S.J. and continuing
financial support of her family, the court can increase her odds
of achieving this meaningful independence.
Amici also argue that continuing to support S.J. best serves the
public interest. It is well documented that youth exiting state
care have significant problems adjusting to an independent life.
Research has shown that these problems, particularly during this
adjustment period, often leave former foster care youth
dependant on other state programs. By allowing S.J. to continue
her education without the fear of homelessness and financial
instability, the juvenile court’s order greatly enhances her
chances of becoming a productive, self-supporting citizen and
saves the long term financial costs to society S.J. may require
if she does not receive the support she needs now. Youth in
substitute care who receive comprehensive support and assistance
are far more likely to succeed and avoid homelessness, reliance
on public assistance and incarceration.
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