LibGuides: Children, Youth, and the Law: Transition Age Youth

Overview

Young adults who have been in care or involved with the juvenile justice system may be eligible for special services to assist them as they age out of the system. Additionally, "ninety days before a youth or young adult leaves DCF custody or care, DCF must develop a plan, with the youth's or young adult's involvement, to help them transition to live independently from DCF." —Practitioner's Guide to State Intervention in the Family - MCLE § 25.7.5.

Schools must also provide youth who have individualized education programs (IEPs) a transition plan and transition services.

Practice Guides / Secondary Source Materials

Practitioner's Guide to State Intervention in the Family (MCLE)
See, in particular, § 25.7 (Permanency Planning for Youth and Young Adults). § 25.7.1 - § 25.7.14 cover various considerations about a young person's transition into adulthood. Topics include transition planning, housing, health care, and services for young adults as of age 18. Link is to Lexis but also available on Westlaw and MCLE OnlinePass.
Planning for Life After Special Education: A Transition Services Online Manual
From the Northeastern University School of Law and Disability Law Center.

Primary Law (Selected)

Massachusetts Statutes & Regs (selected)

Mass. Gen. Laws ch.71B, § 2
Provision requiring transition services and measurable postsecondary goals for students with disabilities.
Mass. Gen. Laws ch. 119 (Protection and Care of Children, and Proceedings Against Them)
For provisions on transition, see, in particular, § 23(f) and § 29B(c). This link goes to the free Massachusetts code. For interpretive case law and other annotations, pull up the statutes on Lexis or Westlaw.
110 CMR 23.00 (MA Department of Children & Families)
110 CMR 23.00 sets forth the eligibility and criteria required for DCF services to young adults 18 years of age or older, including the requirement of a transition plan.
MA Trial Court Rule VI: Uniform Rules for Permanency Hearings
Lays out provisions for transition plans (including housing, education, and healthcare), which DCF must produce when a youth in the agency's care and custody reaches 17 years and 9 months old.

Federal Statutes & Regs (selected)

42 USC § 677 (John H. Chafee Foster Care Program for Successful Transition to Adulthood)
The Chafee Foster Care Independence act expanded funding to states in the provision of transition services for youth moving from foster care. Be sure to read surrounding sections like § 675, and use Westlaw or Lexis for annotated statutes that led to cases and secondary sources.
20 U.S.C. § 1414(d)(1)(A)(i)(VIII)
Federal statute covering the contents of an Individualized Education Program (IEP).
34 CFR § 300.320 (Definition of individualized education program)
Federal regulation from the Dept of Education defining individualized education plans (IEPs).
20 U.S.C. 1401(34) (defining transition services)
34 CFR § 300.43 (defining transition services)

Agency Material

MA Dept of Mental Health: Resources for Transition Age Youth And Young Adults (Ages 16-22)
DMH offers specific services and supports that are designed to meet the unique needs of youth and young adults ages 16-22.
Child Welfare Information Gateway: Independent Living and Transitioning From Foster Care
Provides links to various resources. Child Welfare Information Gateway is a service of the Children's Bureau within the Administration for Children and Families of the U.S. Department of Health and Human Services.
MA Dept of Education: Secondary Transition
Resources on Secondary Transition, a time for Massachusetts students receiving special education services that begins when they turn 14 (or earlier, if the IEP team agrees). From age 14 until they graduate or turn 22, students on IEPs receive transition services from their public school districts.
Secondary Transition Planning with the New Individualized Education Program (IEP) Form: Quick Reference Guide
MA Dept of Education guide on transition planning.
Answer Book: Youth in Care
Includes sections on education, housing, leaving DCF care, and more.

Additional Resources

Annie E. Casey Foundation: Youth In Transition (Aging Out)
Filter resources by content type, intended audience, etc.
Juvenile Law Center: Extended Foster Care in Massahusetts
An overview of eligibility for DCF services up to age 22 in Massachusetts, including re-entry.
Federation for Children with Special Needs: Transition Resources
These resources are aimed at transition planning for young adults with special needs. Search or browse the website to find additional resources.
Child Welfare Information Gateway
Resources on Transition to Adulthood