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Left Behind at 18: Why Texas Must Expand Foster Care to Prevent Homelessness and Harm


By: Howard Talenfeld, Esquire

 

When Foster Care Ends, the Struggle Often Begins

For many young people in the Texas foster care system, turning 18 does not feel like a celebration; it feels like being cut off. No more stable housing. No guaranteed help with school or work. No one to call when things go wrong. At Justice for Kids®, our foster care lawyers have seen how this transition can lead to instability, homelessness, and trauma when the system fails.

Extended foster care programs technically exist in Texas through the age of 21 but in reality, too many youths fall through the cracks because the system is confusing, inconsistent, and hard to navigate. Different agencies don’t always communicate with each other, and vital services can disappear overnight. The result? Far too many teens leave foster care only to end up alone, homeless, exploited, or trapped in cycles of poverty and incarceration.

Up to 40% of youth who age out of foster care experience homelessness within 18 months, according to a study by the University of Florida’s IFAS Extension and Casey Family Programs. The Casey Family research found that nearly two in five Texas foster care alumni had experienced homelessness at least once since leaving care. These young adults also face heightened risks of trafficking, incarceration, and mental health challenges. Nationally, children who age out of foster care are at much higher risk of experiencing homelessness, unemployment, incarceration, and other poor outcomes. These aren’t just statistics, they represent systemic failures that profoundly impact real lives.

This is not acceptable. Texas can, and must, do better. The system is supposed to help these kids build a future but too often, it leaves them to figure it all out alone. For parents, caregivers, and advocates who have done everything possible to support a child, it’s heartbreaking to watch the state fall short. This isn’t just a policy failure. It’s a life-altering breach of trust.

When the state steps in and takes over custody, it promises to provide care not just until a child turns 18, but through the vulnerable transition into adulthood. Sadly, that promise is continually broken. The support disappears, and too many young people fall through the cracks with outcomes no family would ever wish for: homelessness, trauma, and lost potential.

This isn’t inevitable. It’s preventable. And it’s unacceptable.

 

What HB 3941 Would Change – A Foster Youth Legal Rights Perspective in Texas

House Bill 3941, filed in 2025, is a promising step forward. The bill aims to expand Texas’s extended foster care system and give youth a better chance at a safe, supported transition to adulthood. If it is passed and implemented with care, the bill would:

  • Extend eligibility for housing, education, and Medicaid services up to age 23
  • Remove red tape barriers that prevent youth from staying enrolled in extended care
  • Improve coordination between child welfare, workforce, and education agencies

These changes reflect what foster care lawyers in Texas and child advocates have been demanding for years: a smoother, more supported path to independence. (Texas Tribune)

 

Florida’s Blueprint: “My Future, My Choice”

We don’t have to reinvent the wheel. Florida’s “My Future, My Choice” program offers a proven model: it provides young adults with extended care, transitional housing, tuition waivers, employment support, and case management services up to age 23. According to Florida’s Department of Children and Families, these services have improved long-term outcomes for youth transitioning out of care, all leading to greater housing stability and education.

Texas has a chance to follow suit with HB 3941 but has to act quickly. The key is how it is put into action. Good legislation without strong implementation will not protect youth on their own.

 

A Legal and Moral Duty to Protect

Under federal civil rights law and state negligence statutes, Texas has a responsibility to ensure the basic safety, planning, and well-being of youth in its custody, even as they age out. If it fails, young people may have grounds for legal action, depending on the facts of their individual situation. Legal outcomes vary based on jurisdiction, timing, and specific circumstances.

 

Who Needs to Hear This?

  • Legal Advocates, Attorneys Representing Children, and Policymakers: Use this moment to ensure extended care is more than a line in the budget. It must be a real support system: comprehensive, trauma-informed, and accessible.
  • Families, Mentors, and Supporters: If you know a young adult aging out of care, help them understand their rights and connect with services. They are not alone.
  • Community Allies: Share this story. Contact your representatives. Encourage your local leaders to support HB 3941 and invest in the well-being of foster youth in transition.

 

Justice for Kids® Supports HB 3941 and More

At Justice for Kids®, we believe that no young person should be punished with poverty just because they turned 18. That’s why we strongly support HB 3941 and, but we also fight for those the system has already failed. Texas’s youth deserve not just hope, but results.

If you or someone you know has suffered negligence, abuse, or possible violations of their civil rights, we may be able to help you identify legal options. Our attorneys fight for the rights of children and young adults aging out of the system, and our team can assist in connecting you with the right lawyer, whether in Florida, New York, Washington D.C., or through trusted partners in Texas and beyond.

Justice for Kids® has successfully pursued similar types of cases in other states, holding government agencies accountable when vulnerable children are harmed by a lack of the state’s actions.

While Justice for Kids® attorneys are not currently licensed in Texas, we are part of a nationwide network of child welfare advocacy resources and can help connect families and survivors with qualified foster care lawyers in Texas. In some cases, we have been admitted to practice for specific cases in other states through pro hac vice arrangements.

Aging out shouldn’t mean starting over with nothing. Let’s make sure it doesn’t.

 

How to Help Foster Children in Texas:

  • Share this blog with community leaders and foster care advocates.
  • Support organizations providing housing, education, and legal aid to youth aging out.
  • And most importantly, contact us today at 844-4KIDLAW (844-454-3529). We can help you find the legal support you need because every young person deserves a chance at a stable, supported future.

 

Howard Talenfeld, Esq.

Lead Partner, Justice for Kids

754-888-KIDS (5437)

Email 

Bio

 

Special thanks to Maya Behar, Research and Content Intern for Justice for Kids®, whose comprehensive research, detailed analysis, and substantive input were essential to the development of this article.

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