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Some Formerly in Foster Care May Now Return to the System

By Janice G. Inman

Children in foster care in New York usually “age out” of the system when they turn 18 years old. Prior to their 18th birthdays, these minors are permitted by law to choose to remain in foster care until their 21st birthdays, allowing them extra time to grow up and, hopefully, become better educated and/or self-supporting before they leave the system. Historically, if a person in foster care failed to make such an election before his or her 18th birthday, there was no provision for second thoughts.

This worked a hardship on many children in foster care who, like their contemporaries in average families, might brashly have hurried to declare their independence as soon as possible, only to discover that it is not always easy being a young person alone in the world. But, whereas children in traditional families can often simply show up at Mom and Dad's door asking for their old rooms back, foster-care children had no such fall-back opportunities. The door was shut. And, as was stated in an Assembly memo explaining the need for changes to the legislation, for children who age out of the foster-care system too young, so-called “independent living” may end up being more like “falling off a precipice.”

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