§ 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.

Legislative History

Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, � 7, effective June 25. L. 2022: (1) and (5) amended, (HB 22-1245), ch. 88, p. 418, � 5, effective August 10; (3)(e) amended, (HB 22-1038), ch. 92, p. 442, � 27, effective January 9, 2023.