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Effective: 7/15/2026

C12.12 Extended Commitment and Return to Out of Home Care

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​A youth who is eighteen (18) years to no older than twenty (20) years and six (6) months of age and who, upon their eighteenth (18th) birthday, is or was committed to the Cabinet of Health and Family Services (Cabinet/CHFS) as dependent, neglected, or abused may extend or reinstate their commitment to the Cabinet up to age twenty-one (21) to receive transitional living support, with agreement of the Cabinet and the court.  ​​​​​​​

Practice Guidance

​Additional Context

  • ​To be eligible for extended commitment or return to out-of-home care (OOHC) after reaching age eighteen (18), a young adult must meet one of the following minimum criteria:
    • Completing secondary education or a program leading to an equivalent credential;
    • Enrolled in an institution that provides post-secondary vocational education;
    • Participating in a program or activity designated to promote or remove barriers to employment
    • ​Employed for at least eighty (80) hours per month; or​
    • Incapable of doing any of the previously described educational or employment activities due to a documented medical condition.  ​​
  • With the approval of the cabinet and the court, a youth may extend or reinstate their commitment or custody up to the age of twenty-one (21) to receive transitional living support. A youth may extend or reinstate their commitment up to three (3) times prior to attaining twenty (20) years and six (6) months of age. A youth may extend or reinstate their commitment more than three (3) times prior to attaining twenty (20) years and six (6) months of age if approved by the commissioner or their designee. The court may grant an extension or reinstatement of a youth's commitment even if the Cabinet's consent is obtained after the youth attains twenty (20) years and six (6) months of age.​

  • ​Transitional living support refers to all benefits and services that an eligible youth is entitled to receive by extending or reinstating commitment to the Cabinet. 
  • The terms of the Transitional Living Support Agreement are customized for each youth requesting transitional living support and based on individual needs and circumstances. Expectations should address education and/or employment goals, life skills, and personal development. Title IV-E reimbursement minimum eligibility criteria are for reimbursement purposes only and should not be considered as the maximum expectation. Customized individual expectations should be geared toward supporting young adults in reaching their full​ potential. The Transitional Living Support Agreement should be used as an ongoing tool to ensure the youth is making progress on the agreement goals and should be reviewed at monthly caseworker visits and updated as appropriate. 
  • Youth who exited care at age eighteen (18) or older who wish to return to OOHC may request to do so through Kentucky RISE.
  • Youth with a diagnosis of developmental or intellectual disability who would like to receive transitional living support have the right to voluntarily extend their commitment or custody, following procedures in SOP C12.9 Youth with Disabilities and Guardianship​​.


Procedure

​The SSW: 

  1. Works in partnership with the transitional living specialist (TLS) to advise youth of the benefits of extending commitment to receive transitional living support;
  2. Ensures that the youth’s case is on the court docket before their eighteenth (18th) birthday for the purpose of extending commitment through the court if the Department for Community Based Services (DCBS) is also in agreement with extension of commitment;
  3. Provides youth with the DPP-337 Notice to Deny or Terminate Extension of Commitment and advises them of their right to file an appeal if DCBS is not in agreement with the extension of commitment at age eighteen (18); 
  4. Works in partnership with centralized intake (CI) staff to create an extended commitment case within TWIST from the existing request or agency case, utilizing the extended commitment path as described in SOP C2.4 Non-Investigatory Response​, when an individual turns eighteen (18) years old and extends commitment; 
  5. Includes the youth’s child in the extended commitment case if the youth is parenting and has custody of their child; 
  6. Works in partnership with the TLS and youth to develop and sign the Transitional Living Support Agreement during the ninety (90) calendar-day transition-planning meeting or before their court hearing to extend commitment;
  7. Ensures any youth extending commitment understands they must meet the minimum requirements for work, education, or disability, as well as the Transitional Support Agreement;
  8. Ensures any young adult on extended commitment understands they have a shared responsibility with the worker and service providers for communication about their work, education, or any changes in circumstances that would impact their ability to abide by their agreements; ​
  9. Continues to meet with the young adult monthly, in accordance with SOP C7.21 SSW's Ongoing Contact with the Child and Family, Including the Medically Complex Child​, and discusses the Transitional Support Agreement during monthly contacts;
  10. Works in partnership with the young adult to update the Transitional Support Agreement as needed as a result of changing circumstances, while ensuring the young adult continues to meet the minimum criteria for eligibility for extended commitment; 
  11. Advises TLS if a young adult wishes to end their extended commitment and leave OOHC so that the young adult may be advised of supports and benefits available to them; 
  12. Places youth who do not maintain the minimum requirements of extension of commitment on an Extended Care Improvement Plan and may utilize an additional family team meeting to review and potentially renegotiate the agreement;
  13. Includes clear and specific timeframes in the Extended Care Improvement Plan and monitors progress; 
  14. Notifies TLS that the young adult has been placed on an Extended Care Improvement Plan; 
  15. Provides the young adult and the regional TLS notification of the Cabinet's intent to end commitment, utilizing the DPP-337 Notice to Deny or Terminate Extension of Commitment for youth who remain non-compliant; 
  16. Provides youth with the DPP-154 Protection and Permanency Service Appeal and advises them of their right to file an appeal for any complaints other than the denial or termination of extension of commitment;
  17. Notifies the court of the intent to terminate the commitment if the youth does not file a service complaint within fourteen (14) calendar days;
  18. Provides information to the Transitional Services Branch utilizing the Notice to Region Service Appeal to Terminate Commitment if the young adult files an appeal of the decision to terminate extension of commitment; 
  19. Waits for a final determination on the service appeal, if one is filed, before notifying the court of the intent to terminate commitment;
  20. Submits a memo to the Transitional Services Branch to request an exception to move forward with the termination of commitment with a pending appeal if the youth’s continued commitment poses a safety concern for others;
  21. Participates in meetings with youth who have requested to return to OOHC, or may request FSOS participation if SSW is unavailable;
  22. Files a petition with the court in the previous county of commitment when it is agreed that the youth will return to care to receive transitional living support;
  23. Provides ongoing transitional living support services in the previous county of commitment for any youth who returns to OOHC;
  24. May request that the regional placement coordinator (RPC) identify services for transitional living support in the county in which the youth prefers to live, rather than prioritizing the youth’s county of commitment and surrounding areas;
  25. Ensures all steps associated with the youth’s request to reinstate commitment are completed within thirty (30) calendar days of the request; 
  26. Works in partnership with the TLS to schedule a meeting with the young adult, participates in the meeting, and ensures the young adult is provided with a DPP-337 Notice to Deny or Terminate Extension of Commitment if the decision is to deny the request to return to care after the meeting; and
  27. Provides information to the Transitional Services Branch utilizing the Notice to Region Service Appeal for Reinstatement of Commitment if the young adult files an appeal of the decision to deny extension of commitment.  

The TLS:

  1. Works in partnership with the SSW to advise youth of the benefits of extending commitment at the transition planning meeting within ninety (90) calendar days prior to the youth turning age eighteen (18), and may provide youth with the Kentucky Benefits Flyer to assist in comparing options; 
  2. Upon being informed by the worker of a young adult’s intent to exit care, advises young adults of the process to request to return to OOHC through Kentucky RISE, should they choose to do so prior to reaching twenty (20) years and six (6) months of age;
  3. Monitors the monthly exit report to determine if any young adults have exited care who may need to be advised of ongoing supports; 
  4. Provides young adults who extend or reinstate commitment with the Independent Living Guidelines:
  5. Advises the young adult that they must provide monthly documentation to confirm that they are meeting the work and/or school requirement for extended commitment and that a portion of their monthly stipend (if placed in scattered site independent living) may be withheld for failing to do so;  
  6. Advises young adults of their rights, including the right to exit OOHC at any point after reaching the age of eighteen (18) if they no longer believe that extended commitment benefits them; 
  7. Contacts any youth who requests to return to care within three (3) working days;
  8. Convenes a meeting, in person or by teleconference, with the youth, the previous SSW and/or FSOS, and any support persons the youth may wish to participate in to discuss the following:
    1. ​The reason(s) the youth would like to return to OOHC;
    2. Potential residence options and transitional support that could be provided;
    3. Expectations of the youth for meeting the extended commitment requirements;
    4. Process for reinstating commitment and the anticipated length of time this may take, not to exceed thirty (30) calendar days from the date of the youth’s request.
  9. ​Advises​ the youth of their right to petition the court directly and provides the contact information for their previous GAL, who may assist them with the petition process, if the county of last commitment is not in agreement with the youth reinstating commitment; and 
  10. Advises the youth of their right to file a service appeal utilizing the DPP-337 Notice to Deny or Terminate Extension of Commitment if the county of previous commitment denies the request to return to care. 

Other Transitional Services Branch Staff:
  1. Provide support and consultation to staff in the region, community partners, private child care (PCC), contract providers, and the TLS regarding extension and reinstatement of commitment;
  2. Receives requests to return to OOHC submitted through Kentucky Rise and forwards those to the appropriate TLS in the region; 
  3. Upon notification of an appeal of termination or denial of a request to extend commitment, gathers information from the region and forwards pertinent information to the commissioner for review utilizing the Notice to Region -Service Appeal for Reinstatement of Commitment or Notice to Region - Service Appeal to Terminate Commitment forms;
  4. Notifies the region of commissioner review and determination of appeals, utilizing the Service Appeal – Commissioner Response Letter form;
  5. Reviews requests for exception to terminate commitment amid a pending appeal when continued commitment poses a safety threat to others and issues a determination to the region promptly. ​

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