170-E:53 Extension of Foster Care Beyond the Age of 18.

I. The commissioner of the department of health and human services shall, not later than 6 months after the effective date of this section, submit an amendment to the state plan required by 42 U.S.C. section 671 to the United States secretary of health and human services to implement 42 U.S.C. section 675(8) to make federal payments for foster care under Title IV-E directly on behalf of any person who meets the following requirements: (a) The person has attained the age of 18 but not attained the age of 21. (b) The person was in the custody of the department of health and human services upon attaining the age of 18. (c) The person signs a voluntary participation agreement. (d) The person: (1) Is completing secondary education or a program leading to an equivalent credential; or (2) Is enrolled in an institution that provides postsecondary or vocational education; or (3) Is participating in a program or activity designed to promote, or remove barriers to, employment; or (4) Is employed for at least 80 hours per month; or (5) Is incapable of doing any of the activities described in subparagraphs (1)-(4) due to a medical condition, which incapacity is supported by regularly updated information in the person's case record or plan. II. Any person who meets the requirements of paragraph I may apply for extended foster care payments and services pursuant to such application as the department may require. If a person who meets the requirements of paragraph I refused services at the time of the person's eighteenth birthday, such person may apply to regain services at any time prior to his or her twenty-first birthday. III. Such services shall be in addition to any other transitional services or programs for which the individual may be eligible, including but not limited to those provided pursuant to 42 U.S.C. section 677, the John H. Chafee Foster Care Program for Successful Transition to Adulthood. Not less than 6 months after the effective date of this section, the commissioner of the department of health and human services shall submit any amendment to the state plan or certification required under 42 U.S.C. section 677(b)(3) to provide assistance and services to individuals who have aged out of foster care and have not attained 23 years of age.