Court Orders DCF to Stop Excluding Young Adults from Extended Foster Care Solely on The Basis of Residing with a Biological Parent
On October 2, 2026, the Suffolk County Superior Court enjoined the Massachusetts Department of Children and Families (DCF) from enforcing a policy that categorically denied Young Adult Support Payments (YASP) to young adults residing with a biological parent. The Court ruled that DCF cannot find certain young adults ineligible for Extended Foster Care under a policy that never went through the formal notice and comment process intended to elicit public input. The ruling comes after the Children's Law Center of MA, Inc. filed a lawsuit against DCF on behalf of "John Doe."
After John entered DCF custody at age 13, he spent 5 years moving between residential placements. When he turned 18 in DCF custody, he opted in to Extended Foster Care. After feeling ready for more independence and wanting to be closer to family, John moved from a group home to live with his mother. He earned his high school diploma and started working.
In Massachusetts, young adults who turn 18 in DCF custody are eligible to opt in to Extended Foster Care up to the age of 22 years old. Extended Foster Care allows young adults aging out of DCF custody to continue receiving placement and other services from DCF. This support can include YASP, which is essential financial assistance available to young adults navigating the transition from foster care to adulthood. While John would have been eligible to receive YASP if he had been living with any other relative or a friend, DCF policy stated that he was not eligible for the same safety net because he resided with a biological parent.
Plaintiff’s “significant educational and employment gains – to say nothing of his livelihood – are in severe jeopardy without these benefits,” the Court acknowledged in its ruling. “The threat of harm to plaintiff here is existential.”
“Our young adult clients intuitively understand when a policy or law doesn't make sense or achieve the intended result,” Children’s Law Center attorney Alexis Williams Torrey explained. “Our work is to listen to our clients, find the live legal issue, and pursue it.”