(1)(a) When a
juvenile is placed in a community placement by the department of human services
following commitment pursuant to section 19-2.5-1127 or 19-2.5-1103, an
administrative review must be conducted every six months after the placement for
as long as the juvenile remains in a community placement under the department of
human services.
(b)When a juvenile is placed in a community placement for a period of
twelve months or longer, a court of competent jurisdiction or an administrative body
appointed or approved by the court that is not under the supervision of the
department of human services shall conduct a permanency hearing pursuant to the
federal Social Security Act, 42 U.S.C. sec. 675 (5)(C) no later than the twelfth
month of the community placement and at least every
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(1) (a) When a
juvenile is placed in a community placement by the department of human services
following commitment pursuant to section 19-2.5-1127 or 19-2.5-1103, an
administrative review must be conducted every six months after the placement for
as long as the juvenile remains in a community placement under the department of
human services.
(b) When a juvenile is placed in a community placement for a period of
twelve months or longer, a court of competent jurisdiction or an administrative body
appointed or approved by the court that is not under the supervision of the
department of human services shall conduct a permanency hearing pursuant to the
federal Social Security Act, 42 U.S.C. sec. 675 (5)(C) no later than the twelfth
month of the community placement and at least every twelve months thereafter
while the juvenile remains in a community placement. At the permanency hearing,
the entity conducting the hearing shall determine whether:
(I) Continued community placement is in the best interests of the juvenile
and the community;
(II) The juvenile's safety is protected in the community placement;
(III) Reasonable efforts have been made to finalize the juvenile's permanency
plan that is in effect at that time;
(IV) Continued community placement is necessary and appropriate;
(V) There has been compliance with the juvenile's case plan;
(VI) Progress has been made toward alleviating or mitigating the causes that
necessitated the community placement;
(VII) There is a date projected by which the juvenile will be returned and
safely maintained in the home, placed for legal guardianship, or placed in a planned
and permanent living arrangement; and
(VIII) Procedural safeguards to preserve parental rights have been applied in
connection with the removal of the juvenile from the home, any change in the
juvenile's community placement, or any determination affecting family time.
(c) The entity conducting the permanency hearing shall consult with the
juvenile, in an age-appropriate manner, concerning the juvenile's permanency plan.
(2) Parole supervision of juveniles committed to the department of human
services pursuant to section 19-2.5-1127 or 19-2.5-1103, as determined by the
juvenile parole board, must not exceed six months, except as otherwise provided by
statute.
(3) When a juvenile is released or released to parole supervision by the
department of human services or escapes from the department, the department
shall notify the committing court, the district attorney, the Colorado bureau of
investigation, and the initiating law enforcement agency. If the juvenile is on parole
status, the division of youth services shall notify the juvenile parole board, pursuant
to section 19-2.5-1203 (7)(b)(II), of any discharge as a matter of law, any placement
change that may impact public safety or victim safety as determined by the division
of youth services, and any escape and recapture that occurs during the period of
parole.
(4) If the terms and conditions of a juvenile's parole include the condition
that the juvenile attend school, the department of human services shall notify the
school district in which the juvenile will be enrolled of this condition.
(5) When a juvenile is released by the department of human services to
parole supervision, the payment of any remaining restitution must be a condition of
parole.
(6) At least ninety-one days prior to expiration of commitment to the
department of human services, notification must be given to the responsible person
who had custody of the juvenile immediately prior to the commitment. Reasonable
efforts must be made to return custody of the juvenile to the family or responsible
person who had custody of the juvenile immediately prior to the commitment,
unless a court of competent jurisdiction orders that custody of the juvenile is with a
different person.
(7) When custody of a juvenile who will be under the age of eighteen years at
the time of expiration of commitment cannot be determined or none of the
resources described in subsection (6) of this section exist, the division of youth
services shall make a referral to the last-known county of residence of the
responsible person having custody of the juvenile immediately prior to the
commitment. The referral to the county must be made by the division of youth
services at least ninety-one days prior to the expiration of the juvenile's
commitment. The county department of human or social services shall conduct an
assessment of the juvenile's child protection needs and, pursuant to rules adopted
by the state board, provide services in the best interest of the juvenile. The division
of youth services shall work in collaboration with the county department of human
or social services conducting the assessment and shall provide parole supervision
services as described in section 19-2.5-1204.
(8) If a juvenile who is committed to the department of human services
escapes from a facility operated by the department or a facility with which the
department contracts, the department shall not count the time the juvenile is on
escape status toward completion of the juvenile's commitment.