C.R.S.
Section 19-7-310
Emancipation discharge hearings
- emancipation transition plan
(1)
At the direction of a participating youth, with assistance and support from a county department, an emancipation transition plan that is personalized for the participating youth must be developed and finalized no more than ninety days prior to the participating youth’s emancipation discharge hearing. The emancipation transition plan includes specific options concerning housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services. The emancipation transition plan must also include information concerning the importance of designating another individual to make health-care treatment decisions on the participating youth’s behalf if the youth becomes unable to participate in such decisions and the participating youth does not have, or does not want, a relative or legal guardian who would otherwise be authorized to make such decisions. The emancipation transition plan must provide the participating youth with the option to execute a health-care power of attorney and include details at the participating youth’s discretion.(2)
If a participating youth remains in the transition program until the participating youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, at least ninety days prior to the participating youth’s last day of eligibility for the transition program, the county department shall provide the participating youth with:(a)
A clear and developmentally appropriate written notice of the date that the participating youth’s voluntary services agreement will terminate;(b)
Repealed.(c)
Information about and contact information for community resources that may benefit the participating youth, specifically including information regarding programs that have been established pursuant to section 19-7-314 or to federal law that provide transitional foster care assistance to young adults.(3)
Prior to a participating youth’s emancipation, the court shall:(a)
Review the participating youth’s emancipation transition plan and consult with the participating youth on the participating youth’s readiness;(b)
Determine whether the county department has made reasonable efforts toward the participating youth’s permanency goals and to prepare the participating youth for a successful transition to adulthood;(c)
Determine whether the participating youth has been provided with all necessary records and documents as described in subsection (4)(b) of this section;(d)
Determine whether the participating youth has been enrolled in medicaid and advise the participating youth on the participating youth’s eligibility for former foster care medicaid up to the participating youth’s twenty-sixth birthday pursuant to section 25.5-5-101 (1)(e); and(e)
Advise the participating youth that 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 advise the youth of the necessity of keeping the participating youth’s contact information up to date with the department of health care policy and financing or the appropriate county department.(4)
At least seven days prior to a participating youth’s emancipation discharge hearing, the county department shall file a report with the court that includes:(a)
A description of the county department’s reasonable efforts toward achieving the participating youth’s permanency goals and a successful transition to adulthood;(b)
An affirmation that the county department has provided the participating 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 participating youth’s family history and contact information for siblings, if appropriate; and(c)
A copy of the participating youth’s emancipation transition plan, finalized no more than ninety days prior to the participating youth’s emancipation discharge hearing.(5)
With the participating youth’s consent, the court may continue the emancipation discharge hearing for up to one hundred nineteen days, but not past the last day of the month in which the participating youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law. The continuance must be to allow time to improve the participating youth’s emancipation transition plan, gather necessary documents and records for the participating youth, or any other reason necessary to allow for the participating youth to have a successful transition to adulthood.
Source:
Section 19-7-310 — Emancipation discharge hearings - emancipation transition plan, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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