C.R.S. Section 19-3-705
Transition hearing

(1)

When a youth turns eighteen years of age while the youth is a named child or is a youth in a dependency and neglect case open through this article 3, the court shall hold a transition hearing within thirty-five days after the youth’s eighteenth birthday. The purpose of the transition hearing is to determine whether the youth will opt into the foster youth in transition program, established in section 19-7-303, or, alternatively, choose to emancipate.

(2)

At least seven days prior to a transition hearing, a county department shall file a report with the court that includes:

(a)

A description of the county department’s reasonable efforts toward achieving the youth’s permanency goals and a successful transition to adulthood;

(b)

An affirmation that the county department has provided the youth with all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the youth’s family history and contact information for siblings, if available and appropriate;

(c)

An affirmation that the county department has informed the youth, in a developmentally appropriate manner, of the benefits and options available to the youth by participating in the foster youth in transition program created in section 19-7-303 and the voluntary nature of that program; and

(d)

A statement of whether the youth has made a preliminary decision whether to emancipate or to enter the foster youth in transition program created in section 19-7-303 and either or both of the following:

(I)

If it is anticipated that the youth will choose to emancipate, the report must include a copy of the youth’s emancipation transition plan executed pursuant to section 19-7-310, finalized no more than ninety days prior to the youth’s transition; or

(II)

If it is anticipated that the youth will choose to enter the foster youth in transition program created in section 19-7-303, the county department shall file a petition pursuant to section 19-7-307.

(3)

The court shall advise the youth that:

(a)

Except as provided in section 19-3-704, the youth has the right to choose whether to emancipate or to voluntarily continue receiving services through the foster youth in transition program created in section 19-7-303;

(b)

To participate in the foster youth in transition program created in section 19-7-303, the youth must enter into a voluntary services agreement with the county department. The transition program provides the youth with access to financial support with housing and other services, as outlined in section 19-7-305.

(c)

Services provided through the foster youth in transition program created in section 19-7-303 are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;

(d)

If the youth chooses to emancipate but later decides support is needed, the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth’s twenty-first birthday or such greater age of foster care eligibility as required by federal law; and

(e)

The youth has the right to counsel, who shall represent the youth throughout the youth’s participation in the foster youth transition program. The court shall advise the youth that the current emancipation transition hearing may be continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation. The court shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and if the youth is ready to make a decision at the current time or, alternatively, if the youth would like to request a continuance of up to one hundred nineteen days.

(4)

Prior to a youth emancipating, the court shall:

(a)

Review the youth’s emancipation transition plan executed pursuant to section 19-7-310 and consult with the youth on readiness for emancipation;

(b)

Determine whether the county department has made reasonable efforts toward the youth’s permanency goal and a successful transition to adulthood;

(c)

Determine whether the youth has been provided with all necessary records and documents described in subsection (2)(b) of this section; and

(d)

Determine whether the youth has been enrolled in medicaid and advise the youth on the youth’s eligibility for former foster care medicaid up to twenty-six years of age pursuant to section 26-5-113 and of the necessity of keeping the youth’s contact information up to date.

(5)

With the youth’s consent, the court may continue the emancipation transition hearing for up to one hundred nineteen days to allow time to improve the youth’s emancipation transition plan, gather necessary documents and records, or for any other reason necessary to allow the youth a successful transition to adulthood.

(6)

If a youth is opting into the foster youth in transition program created in section 19-7-303 and a petition has been filed pursuant to section 19-7-307, the court shall dismiss the case pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3, leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of article 7 of this title 19. Such an action must not result in an interruption in case management services, housing, medicaid coverage, or in foster care maintenance payments.

Source: Section 19-3-705 — Transition hearing, (accessed Dec. 24, 2024).

19‑3‑100.5
Legislative declarations - reasonable efforts - movement of children and sibling groups 19‑3‑102
Neglected or dependent child 19‑3‑103
Child not neglected - when 19‑3‑104
Hearings - procedure 19‑3‑201
Venue 19‑3‑201.5
Change of venue - county department and county attorney responsibilities - rules 19‑3‑202
Right to counsel and jury trial 19‑3‑203
Right to guardian ad litem and counsel for youth 19‑3‑205
Continuing jurisdiction 19‑3‑206
Representation of petitioner 19‑3‑207
Inadmissibility of certain evidence 19‑3‑208
Services - county required to provide - out-of-home placement options - rules - definitions 19‑3‑209
Individual case plan - required 19‑3‑210.5
Foster parents’ bill of rights 19‑3‑211
Conflict resolution process - rules - definitions 19‑3‑212
Notice of rights and remedies for families 19‑3‑213
Placement criteria 19‑3‑214
Placement reporting 19‑3‑215
Foster care - capacity may be exceeded for sibling groups 19‑3‑216
Rules 19‑3‑217
Family time upon removal - rules 19‑3‑301
Short title 19‑3‑302
Legislative declaration 19‑3‑304
Persons required to report child abuse or neglect 19‑3‑304.2
Mandatory reporter task force - creation - reporting - definitions - repeal 19‑3‑304.3
Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules 19‑3‑304.5
Emergency possession of certain abandoned children - definition 19‑3‑305
Required report of postmortem investigation 19‑3‑306
Evidence of abuse - color photographs and X rays 19‑3‑307
Reporting procedures 19‑3‑308
Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report 19‑3‑308.3
Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation 19‑3‑308.5
Recorded interviews of child 19‑3‑309
Immunity from liability - persons reporting 19‑3‑309.5
Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules 19‑3‑310
Child abuse and child neglect diversion program 19‑3‑311
Evidence not privileged 19‑3‑312
Court proceedings 19‑3‑313.5
State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality 19‑3‑315
Federal funds 19‑3‑317
Screening tool - human trafficking 19‑3‑401
Taking children into custody 19‑3‑402
Duty of officer - notification - release or detention 19‑3‑403
Temporary custody - hearing - time limits - restriction - rules 19‑3‑403.5
Temporary shelter 19‑3‑404
Temporary shelter - child’s home 19‑3‑405
Temporary protective custody 19‑3‑406
Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions 19‑3‑500.2
Legislative declaration 19‑3‑501
Petition initiation - preliminary investigation - informal adjustment 19‑3‑502
Petition form and content - limitations on claims in dependency or neglect actions 19‑3‑503
Summons - issuance - contents - service 19‑3‑504
Contempt - warrant 19‑3‑505
Adjudicatory hearing - findings - adjudication 19‑3‑506
Child with a mental health disorder or an intellectual and developmental disability - procedure 19‑3‑507
Dispositional hearing - rules 19‑3‑508
Neglected or dependent child or youth - disposition - concurrent planning - definition 19‑3‑601
Short title 19‑3‑602
Motion for termination - separate hearing - right to counsel - no jury trial 19‑3‑603
Notice - abandonment 19‑3‑604
Criteria for termination 19‑3‑605
Request for placement with family members 19‑3‑606
Review of child’s disposition following termination of the parent-child legal relationship 19‑3‑607
Expert testimony 19‑3‑608
Effect of decree 19‑3‑609
Appeals - time requirements 19‑3‑610
Budgetary allocation for expenses 19‑3‑612
Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration 19‑3‑702
Permanency hearing 19‑3‑702.5
Periodic reviews 19‑3‑704
Youth with disabilities - incapacitated persons 19‑3‑705
Transition hearing 19‑3‑901
Legislative declaration 19‑3‑902
Definitions 19‑3‑903
Task force on high-quality parenting time - creation - steering committee - membership 19‑3‑904
Task force - purposes - issues to study - written reports 19‑3‑905
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 19-3-705’s source at