(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
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(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(b) Repealed.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.