Youth in Foster Care

C.R.S. tit. 19, art. 7

in effect

C.R.S. § 19-7-101 Rights of children and youth in foster care - written notice - reporting - legislative declaration

19-7-101. Rights of children and youth in foster care - written notice - reporting - legislative declaration. (1) (a) The general assembly finds and declares that: (I) Children and youth in foster care are temporarily or permanently separated from their parents and are the responsibility of the state of Colorado; (II) These children and youth are in a unique situation that requires special safeguards, making it vital to establish rights for children and youth in foster care; (III) The United States department of health and human services administration of children and families has stressed that every child and youth who is unable to live with the child's or youth's parents is entitled to a safe, loving, and affirming foster care placement, regardless of the child's or youth's sexual orientation, gender identity, or gender expression; (IV) Approximately three thousand six hundred children or youth are currently in out-of-home foster placements in Colorado; and (V) Children and youth in foster care, both in Colorado and nationwide, tend to have poorer outcomes than other children and youth, including: (A) One-third of children or youth in foster care in Colorado who age out of foster care become homeless within three years; (B) Children and youth in foster care in Colorado change schools an average of three-and-one-half times per year; (C) Approximately thirty percent of youth in foster care in Colorado graduate from high school, compared to eighty-two percent of the general student population; (D) In Colorado, youth in foster care have lower graduation rates than youth experiencing homelessness; (E) Nationwide, more than half of children and youth in foster care receive a psychiatric or mental health diagnosis, compared to sixteen and sixty one-hundredths percent of income-eligible children and youth on medicaid; (F) Nationwide, one out of four children and youth in foster care between the ages of six and seventeen are administered at least one psychotropic medication; (G) Thirty percent of children and youth in foster care nationwide identify as LGBTQ+ , and these children and youth have an additional layer of trauma that accompanies being rejected or mistreated because of their sexual orientation, gender identity, or gender expression; (H) Research shows that children and youth in foster care who identify as LGBTQ+ are more than twice as likely to report being treated poorly by the foster care system; (I) Approximately ten percent of children and youth in foster care nationwide are entitled to social security benefits, either because their parent or parents have died or because they have a physical or intellectual disability; and (J) Children and youth who are in foster care are at an increased risk of incarceration, with twenty-six percent of youth who are twenty-one years of age and who were formerly in foster care in Colorado having been incarcerated within the past two years, while youth who are twenty-one years of age and who are in the general population have approximately a seventeen percent likelihood of having been incarcerated in the past two years. ter care are at an increased risk of incarceration, with twenty-six percent of youth who are twenty-one years of age and who were formerly in foster care in Colorado having been incarcerated within the past two years, while youth who are twenty-one years of age and who are in the general population have approximately a seventeen percent likelihood of having been incarcerated in the past two years. (b) Therefore, the general assembly declares that to protect the children and youth who are the responsibility of the state, a statutory bill of rights is established for these children and youth, along with a system to notify children and youth of their rights and a mechanism to enforce those rights. The statutory rights established in this section are not intended to limit or supersede the constitutional rights of parents, nor do they limit any other constitutional or statutory rights afforded to children and youth. This bill of rights is intended to improve the health, well-being, and safety of children and youth in foster care by defining the rights of children and youth in foster care, clarifying the authority of the courts to enforce these rights, and providing children and youth with notice of their rights. (2) A child or youth in foster care or participating in the foster youth in transition program, created in part 3 of this article 7, but excluding a child or youth detained by or committed to the care and physical custody of the division of youth services in the department of human services, has the following rights: (a) Fair and equal access, including: (I) Freedom from discrimination or harassment on the basis of actual or perceived race or ancestry, ethnic group, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, marital status, familial status, source of income, military status, or HIV status; (II) Freedom of thought, conscience, cultural and ethnic practice, and religion, including the right to attend or refuse to attend cultural, ethnic, and religious services and activities; (III) Expression of the child's or youth's gender identity and to be referred to by the child's or youth's preferred name and gender pronouns; (IV) Freedom from threats, punishment, or retaliation for asking questions, stating concerns, or making complaints about a violation of the rights and protections established in this article 7; (V) Access to services, placement, and state and federal programs and services for which the child or youth is eligible; (VI) Developmentally appropriate notification of any benefits for which the child or youth is eligible or receiving, including written notification of who is serving as representative payee, when applicable; and (VII) If there is a representative payee who accepts payments for a child or youth, an accounting of the use of those payments when requested by the child or youth and on an annual basis; (VI) Developmentally appropriate notification of any benefits for which the child or youth is eligible or receiving, including written notification of who is serving as representative payee, when applicable; and (VII) If there is a representative payee who accepts payments for a child or youth, an accounting of the use of those payments when requested by the child or youth and on an annual basis; (b) Appropriate placement and care, including: (I) Appropriate adult guidance, support, and supervision in a safe, healthy, and comfortable environment in which the child or youth is treated with fairness, respect, and dignity; (II) Consideration of the child's or youth's preference regarding the child's or youth's placement; (III) Freedom from physical, sexual, emotional, or other abuse; corporal punishment; neglect; or any other form of inhumane treatment, such as exploitation or trafficking; (IV) Placement in the least restrictive setting that is appropriate to the child's or youth's needs, and receipt of the services and supports necessary to maintain that placement; (V) Freedom from abandonment or being locked in a room, building, or premises, or being subjected to isolation or other physical or medical restraint, unless otherwise authorized by statute; (VI) Placement with a foster care provider who is aware of and understands the child's or youth's unique history as it relates to the child's or youth's care and who possesses the appropriate knowledge and skills to provide for the child's or youth's needs; (VII) Application of the reasonable and prudent parent standard as required by federal law; (VIII) Return to the custody of a parent or legal guardian, consistent with applicable legal standards and considering the preferences of the child or youth; (IX) Timely court proceedings and determinations about the child's or youth's placement; (X) Effective case management and planning that prioritizes the safe return of the child or youth to the child's or youth's parents, legal guardians, relatives, or kin, or moving the child or youth to other forms of permanent placement, if necessary; (XI) A requirement that the representative payee for the child or youth, including the department of human services if it is acting as the representative payee, use any benefits the child or youth receives to meet the child's or youth's individual needs after the representative payee meets with the child or youth to ascertain the child's or youth's current and foreseeable needs; and (XII) Timely notification to the social security administration to initiate the transfer of benefits from a representative payee when a child or youth who is receiving benefits leaves the custody of the department of human services; (c) Access and communication, in a setting that provides privacy for in-person or other methods of contact, with professionals and other supports, including: (I) Persons working on the child's or youth's behalf, including, but not limited to, caseworkers, the child's or youth's guardian ad litem or counsel for youth and their legal teams, mental health professionals, tribe, foster youth advocates and supporters, court-appointed special advocates, education rights holders, and probation officers. The child's or youth's contact with the child's or youth's guardian ad litem, counsel for youth, other attorneys, and members of the child's or youth's legal team must protect the applicable legal privileges and confidentiality. (II) The child's or youth's guardian ad litem or counsel for youth, the child protection ombudsman, county departments of human or social services, or the department of human services regarding any questions, concerns, or violations of the rights and protections established in this article 7; and f the child's or youth's legal team must protect the applicable legal privileges and confidentiality. (II) The child's or youth's guardian ad litem or counsel for youth, the child protection ombudsman, county departments of human or social services, or the department of human services regarding any questions, concerns, or violations of the rights and protections established in this article 7; and (III) Connections to the child's or youth's community and supports, including communication and contact with people outside the foster care system who are important to the child or youth, unless otherwise limited by law or court order; (d) Confidentiality and privacy, including: (I) Confidentiality of all juvenile court records, consistent with existing law; (II) Freedom from unreasonable searches, limitation of use, or taking of personal belongings or other unreasonable invasions of privacy; and (III) Reasonable expectations of privacy to make and receive telephone calls and send and receive text messages, e-mail, and postal mail; (e) Education, including: (I) Receipt of a free and appropriate education, access to transportation to educational institutions, and an opportunity to participate in sports and extracurricular, cultural, personal enrichment, and social activities consistent with the child's or youth's age and developmental level, including access to computer technology and the internet as necessary for the child's or youth's education; and (II) School stability that presumes the child or youth will remain in the school of origin, as defined in section 22-32-138, in which the child or youth is enrolled at the time of placement, unless remaining in that school is not in the child's or youth's best interests; (f) Basic essentials, including: (I) Adequate and gender- and culturally affirming food, clothing, hygiene products, and necessary hygiene services; (II) Personal allowance or employment opportunities appropriate to the child's or youth's age and developmental level, including appropriate opportunities to experience the use and value of money by making purchases for items according to the child's or youth's choice; and (III) Personal belongings, including wearing the child's or youth's own clothing, having a safe place to store personal belongings, and having personal belongings transported in appropriate luggage with the child or youth during or shortly after a change of placement. Personal belongings stored and transported after a change of placement must be maintained in the same or better condition. (g) Health care, including: (I) Adequate and appropriate medical, dental, vision, mental health, and substance use disorder services; (II) Reproductive and sexual health care consistent with Colorado state law; (III) Freedom from the administration of prescription medication or other chemical substances, unless authorized by a physician or, when necessary, court order, after an individualized assessment of the child or youth, including a consultation with the child or youth, and with the child's or youth's consent, consistent with Colorado state law; (IV) Access to prescribed medications during a placement change or similar transition so the child or youth does not experience a disruption in the availability of necessary prescription medication; and (V) Notification of the medications that were prescribed to the child or youth and the purpose for each medication for the child or youth; or youth's consent, consistent with Colorado state law; (IV) Access to prescribed medications during a placement change or similar transition so the child or youth does not experience a disruption in the availability of necessary prescription medication; and (V) Notification of the medications that were prescribed to the child or youth and the purpose for each medication for the child or youth; (h) Participation in legal proceedings and case planning, including: (I) Appointment of a guardian ad litem or counsel for youth pursuant to sections 19-3-203 and 19-7-308; (II) Attending and fully participating in all hearings related to the child's or youth's case, including access to appropriate transportation for the child's or youth's court proceedings, and the opportunity to be heard separately when deemed necessary by the court pursuant to section 19-1-106 (5); (III) At the child's or youth's request, allowing certain people to be present for the child's or youth's court proceedings that take place pursuant to section 19-1-106; (IV) Consulting with the court regarding the child's or youth's permanency goals pursuant to section 19-3-702 (1)(a); (V) As appropriate to a child's or youth's age and developmental level, being informed of and participating in the development of the child's or youth's case plan, consistent with state and federal law; and (VI) As appropriate to the child's or youth's age and developmental level, participation in and accompaniment of supports to meetings about the child's or youth's court proceedings; and (i) The necessities to be self-sufficient during the transition to adulthood, including: (I) Consistent with the child's or youth's developmental level, assistance with establishing a bank account, including identifying institutions where a child or youth may open a bank account, obtaining documents necessary to open an account, learning how to spend a reasonable amount of money, and managing personal income. This subsection (2)(i)(I) does not create an obligation to fund the child's or youth's bank account if one is created. (II) Having access to information regarding the work and educational options available to the child or youth, including, but not limited to, information regarding available financial aid and postsecondary education support consistent with state law; (III) Being allowed to work and develop job skills, consistent with state law and the child's or youth's age and developmental level; (IV) Obtaining or receiving a free annual credit report from the department of human services or a county department of human or social services and the additional credit-related and identity theft protections provided in section 19-7-102 if the child or youth is in the legal custody of a county department of human or social services and is fourteen years of age or older; (V) When the youth is eighteen years of age or older and leaving foster care, being provided with the youth's birth certificate, social security card, immigration documents, health insurance information, medical records, education records, either a driver's license or a state-issued identification card, written information concerning the youth's family history and contact information for siblings, if appropriate, and proof of foster care pursuant to section 19-3-702 (4)(d); (VI) Notifying a youth who is turning sixteen years of age of the youth's eligibility for the foster youth in transition program, created in part 3 of this article 7; (VII) Assisting a youth in applying for benefits the youth is eligible for or currently receiving, to ensure that benefits continue once the youth turns eighteen years of age or transitions out of foster care, including redetermination for the purposes of social security benefits; and (VIII) Driving instruction for youth fifteen years of age and older pursuant to section 26-5-115. his article 7; (VII) Assisting a youth in applying for benefits the youth is eligible for or currently receiving, to ensure that benefits continue once the youth turns eighteen years of age or transitions out of foster care, including redetermination for the purposes of social security benefits; and (VIII) Driving instruction for youth fifteen years of age and older pursuant to section 26-5-115. (3) The office of the child's representative shall develop a written notice of the rights enumerated in subsection (2) of this section. The office of the child's representative shall develop the notice with input from youth with lived experience. The notice must include contact information for: (a) The child's or youth's appointed attorney; (b) The office of the child protection ombudsman; (c) The appropriate county department of human or social services; and (d) The department of human services. (4) The county department of human or social services shall provide each child or youth who is five years of age or older with the written notice developed pursuant to subsection (3) of this section at the time of the child's or youth's initial placement in foster care, at each placement change, and at least annually. The notice must be in the child's or youth's primary language. (5) Certified and licensed foster placements for children and youth shall post the written notice on the premises in a place where children and youth have access. The department of human services shall ensure compliance with this section as part of its oversight process of certified and licensed homes for youth. (6) Sua sponte or upon motion, a juvenile court may issue any orders to any party to ensure the child or youth is provided the rights enumerated in subsection (2) of this section. (7) A juvenile court shall not limit or deny the rights enumerated in subsection (2) of this section unless the court finds by clear and convincing evidence that there are extraordinary circumstances and the limitation or denial is necessary for the safety of the child or youth in foster care. This subsection (7) is applicable to only the rights enumerated in this section and does not alter the hearing requirements or standards otherwise established in this title 19. (8) The rights enumerated in subsection (2) of this section are a broad expression of the rights of children and youth residing in foster care and are not exhaustive of all rights set forth in the United States constitution and the Colorado constitution, federal and state statutes, and case law. (9) The office of the child protection ombudsman shall include in its annual report the number of complaints received related to the rights enumerated in this section, including the rights being violated or youth being unaware of the rights.

C.R.S. § 19-7-102 Protection against identity theft

19-7-102. Protection against identity theft. (1) The court shall ensure that each youth in foster care who is in the legal custody of a county department of human or social services or the department of human services and who is at least fourteen years of age obtains or receives free annual credit reports from the department of human services or a county department of human or social services. The county department of human or social services or the department of human services shall inform the court with jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this section for assistance in interpreting and resolving any inaccuracies in a report if the credit report shows evidence of possible identity theft. The youth's counsel for youth shall advise the youth of possible consequences of and options to address the possible identity theft, including the right to report the matter to law enforcement and seek possible prosecution of the offender. (2) (a) On or before July 31, 2012, the department of human services shall develop, in consultation with county departments of human or social services, a referral list of governmental and nonprofit entities that are authorized to assist a youth in foster care who has found evidence of possible identity theft on his or her credit report. An entity on the referral list developed pursuant to this subsection (2) is authorized to take any necessary remedial actions to clear the youth's credit record and shall report the results of its actions to the department of human services or the county department of human or social services with legal custody of the youth. (b) In compiling the referral list pursuant to subsection (2)(a) of this section, the state department of human services, and any county departments of human or social services consulted therein, are not subject to liability pursuant to the extent provided by article 10 of title 24.

C.R.S. § 19-7-103 Access to extracurricular activities - legislative declaration - rules

19-7-103. Access to extracurricular activities - legislative declaration - rules. (1) The general assembly finds and declares that it is important for youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, to have increased access to normative, developmentally appropriate extracurricular activities to help prepare them for independence. Foster parents and group home parents or group center administrators shall make a reasonable effort to allow a youth in their care to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities. The department of human services shall promulgate rules for the implementation of this section. The rules must address policies, including but not limited to waiver of any fingerprint-based criminal history records checks for community entities, excluding all individuals required to obtain a fingerprint-based criminal history records check pursuant to section 26-6-912 or 26.5-5-316, providing extracurricular activities and guidelines for determining in what situations it is appropriate to waive fingerprint-based criminal history records checks, to allow youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, who are twelve years of age and older to participate in age-appropriate extracurricular enrichment, social activities, and activities designed to assist those youth to make the transition to independence, build life skills, and enhance opportunities to make positive connections. (2) If the state department of human services or a county department of human or social services waives the fingerprint-based criminal history record checks pursuant to subsection (1) of this section, the state department of human services or county department of human or social services are not subject to liability pursuant to the extent provided by article 10 of title 24.

C.R.S. § 19-7-104 Subjects included within training for certified foster parents and kinship foster care - rules

19-7-104. Subjects included within training for certified foster parents and kinship foster care - rules. (1) Rules promulgated by the state department of human services that prescribe training for foster care parents prior to placement of a child or youth must include training on the following subjects: (a) The effects of child abuse and neglect on child development; (b) Health issues in foster care, including health services available to children and youth in foster care; (c) The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth; (d) The rights of siblings in foster care, as set forth in section 19-7-203; and (e) Understanding the role of a child welfare education liaison, as described in section 22-32-138 (2). (2) Rules promulgated by the state department of human services that prescribe post-placement annual training for foster care parents must include training on the following subjects: (a) Health issues in foster care; (b) The importance of child and youth self-esteem; (c) Emancipation and independent living skills, as appropriate; (d) The rights of siblings in foster care, as set forth in section 19-7-203; and (e) The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth. (3) Nothing in this section precludes the state department of human services or a county department of human or social services from requiring foster parent training in excess of the requirements in this section. (4) The state department of human services may promulgate rules to modify the requirements of this section for kinship foster care homes, including training topics for kinship foster care certification.

C.R.S. § 19-7-201 Short title

19-7-201. Short title. The short title of this part 2 is the "Foster Youth Siblings Bill of Rights".

C.R.S. § 19-7-202 Legislative declaration

19-7-202. Legislative declaration. (1) The general assembly finds and declares that it is beneficial for a youth placed in foster care to be able to continue relationships with the youth's siblings, regardless of age, so that siblings may share their strengths and association in their everyday and often common experiences. (2) The general assembly further finds and declares that it is the responsibility of all adults involved in a youth's life, including but not limited to county departments, parents, foster parents, guardians ad litem, counsel for youth, court-appointed special advocates, next of kin, treatment providers, and others, to seek opportunities to foster those sibling relationships to promote continuity and help to sustain family relationships. (3) Because the number of family foster homes in Colorado is often insufficient to meet the needs of youth, including sibling groups, it is, therefore, Colorado's goal to continue to recruit foster families and build resources sufficient to meet this need.

C.R.S. § 19-7-203 Foster care sibling rights

19-7-203. Foster care sibling rights. (1) Sibling youth in foster care, except youth in the custody of the division of youth services created pursuant to section 19-2.5-1501 or a state hospital for persons with behavioral or mental health disorders, have the following rights, unless they are not in the best interests of each sibling, regardless of whether the parental rights of one or more of the foster youth's parents have been terminated: (a) To be placed in foster care homes with the youth's siblings, when it is in the best interests of each sibling and when the county department locates an appropriate, capable, willing, and available joint placement for the youth siblings, in order to sustain family relationships, pursuant to sections 19-3-213 (1)(c), 19-3-500.2, 19-3-507 (1)(b), 19-3-508 (1)(c), 19-3-605 (2), and 19-5-207.3 (2); (b) To be placed in close geographical distance to the youth's siblings in order to promote continuity in the siblings' relationship; (c) To obtain temporary respite placements together, when possible; (d) To be placed with foster parents, placed with potential adoptive parents, and assigned to child welfare caseworkers who have been provided with training on the importance of sibling relationships; (e) To be promptly notified, as permitted pursuant to state or federal law, about changes in sibling placement, catastrophic events, or other circumstances, including but not limited to new placements, significant life events, and discharge from foster care; (f) To be included in permanency planning discussions or meetings for siblings, if appropriate; (g) To maintain frequent and meaningful contact with the youth's siblings pursuant to section 19-7-204 (2), if placement together is not possible; (h) To be actively involved in each other's lives and share celebrations, if the siblings choose to do so, including but not limited to birthdays, graduations, holidays, school and extracurricular activities, cultural customs in the siblings' native language, and other milestones; (i) To annually receive contact information for all siblings in foster care, which may include a telephone number, address, social media accounts, and e-mail address, unless a foster parent has requested the foster parent's identifiable information not be disclosed pursuant to section 19-1-303 (2.7)(a), and to receive updated photos of siblings regularly by mail or e-mail, as appropriate; (j) To have more private or less restrictive communication with siblings as compared to communication with others who are not siblings; (k) To be provided with an explanation if contact with a sibling is restricted or denied, as permitted pursuant to state or federal law; (l) To expect that the youth's guardian ad litem advocate on behalf of the youth for frequent family time with siblings, unless the guardian ad litem determines through the guardian ad litem's independent investigation that the contact is not in the best interests of the youth; (m) To have family time with siblings encouraged in any adoptive or guardianship placement; and (n) To receive an age-appropriate and developmentally appropriate document from the department of human services setting forth the rights described in this section: (I) Within thirty days of the date of any placement or any change in placement; (II) On each occasion that a youth's case plan is modified; (III) At each placement where the youth resides; and (IV) On at least an annual basis. (2) Adult siblings of youth in foster care have the right to be considered as foster care providers, adoptive parents, and relative custodians for their siblings, if they choose to do so.

C.R.S. § 19-7-204 Foster care sibling family time - contact plan - rules - definition

19-7-204. Foster care sibling family time - contact plan - rules - definition. (1) The department of human services shall provide information on sibling contact in the family time plan for a youth. In doing so, the department shall ask the youth about the youth's wishes as to sibling contact. (2) As written in the family time plan, the department shall, if it is in the best interests of each sibling: (a) Promote frequent contact between siblings in foster care, which may include telephone calls, text messages, social media, video calls, and in-person family time; (b) Clarify that sibling contact should not be limited in time or duration to periods of parental contact; (c) Clarify that restriction of sibling family time should not be a consequence for behavioral problems. Family time should only be restricted if contrary to the best interests of a sibling. (d) Ensure timing and regularly scheduled sibling family time are outlined in case plans based on individual circumstances and needs of the youth. (3) If a youth in foster care requests an opportunity for family time with a sibling, the county department that has legal custody of the youth shall arrange the family time within a reasonable amount of time and document the family time. (4) If a youth in foster care requests an opportunity for family time with a sibling on a regular basis, the county department that has legal custody of the youth shall arrange the family time and ensure that the family time occurs with sufficient frequency and duration to promote continuity in the siblings' relationship. (5) If, in arranging sibling family time pursuant to this section, a county department determines requested family time between the siblings would not be in the best interests of one or both of the siblings, the county department shall deny the request, document its reasons for making the determination, and provide the siblings with an explanation for the denial, as permitted under state and federal law. In determining whether requested family time would be in the best interests of one or both of the siblings, the county department shall determine whether there is pending in any jurisdiction a criminal action in which either of the siblings is either a victim or a witness. If such a criminal action is pending, the county department, before arranging any family time between the siblings, shall consult with the district attorney for the jurisdiction in which the criminal action is pending to determine whether the requested family time may have a detrimental effect upon the prosecution of the pending criminal action. (6) Nothing in this section requires or permits a county department to arrange sibling family time if such visit would violate an existing protection order in any case pending in this state or any other state. (7) As used in this section, "sibling" means: (a) A biological sibling; (b) A step-sibling or former step-sibling; or (c) An adoptive sibling. (8) The state board of human services, created in section 26-1-107, may promulgate rules for the implementation of this section.

C.R.S. § 19-7-301 Legislative declaration

19-7-301. Legislative declaration. (1) The general assembly finds and declares that: (a) Each year, for a variety of reasons, more than two hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without an established permanent home or a stable support network; (b) These youth typically do not have the same safety nets, supportive adults, and support networks as other youth their age; (c) Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of health needs, and more; (d) Youth who are making the transition out of foster care into independent living face not only the typical developmental changes and new experiences that are common to youth but also the dramatic change from being under the county's care to being on their own, many without any support systems to help them succeed; (e) Additionally, many of these youth are dealing with the long-term consequences of trauma related to their experience with abuse, neglect, removal, or overall lack of resources; (f) The array of services and supports available to youth while they are in the foster care system, including housing, food, health care, and caseworker support, diminish when the youth exit the foster care system; and (g) Available research shows that emancipating youth benefit from extended foster care services and supports until age twenty-one, and community-based supports through early adulthood, but for the benefits of such services and supports to last, youth in foster care need developmentally appropriate services, including freedom to test their independence and to make mistakes with proportional consequences and a reasonable safety net. (2) Therefore, the general assembly declares that by establishing a voluntary transitional foster care program, allowing youth to reenter the state's foster care system through a foster youth in transition program, and ensuring equitable access to less restrictive supports in the community, the state can better meet the needs of those youth who are making the transition from foster care to successful adulthood.

C.R.S. § 19-7-302 Definitions

19-7-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Advisory board" means the foster youth successful transition to adulthood grant program advisory board created in section 19-7-314. (1.3) "Case management agency" means an agency that meets criteria to provide case management services for the Colorado fostering success voucher program. (1.7) "Colorado fostering success voucher program" or "voucher program" means the program established pursuant to section 19-7-314.5. (2) "County department" has the same meaning as set forth in section 19-1-103. (3) "Emancipation transition plan" means a plan developed pursuant to section 19-7-310 that addresses how the youth will meet the youth's needs upon the youth's imminent emancipation from foster care. (4) "Evidence-based service" means a service that is eligible for reimbursement pursuant to the federal "Family First Prevention Services Act", 42 U.S.C. sec. 672, and that is trauma-informed, promising, supported, or well-supported. (5) "Executive director" has the same meaning as set forth in section 19-1-103. (6) "Foster care" has the same meaning set forth in section 19-1-103 (66). (7) "Grant program" means the foster youth successful transition to adulthood grant program created in section 19-7-314. (8) "Participating youth" means a youth who voluntarily agrees to participate in the transition program and meets the eligibility requirements set forth in section 19-7-304. (9) "Reasonable efforts" has the same meaning as set forth in section 19-1-103 (114). (10) "Roadmap to success" means a written description of a youth's goals, programs, and services provided during an open case that will assist youth who are fourteen years of age or older and in foster care to the youth's eventual transition from foster care to successful adulthood. The document is developed collaboratively with the youth. (11) "Service provider" means an agency that applies for funding to provide services through the grant program. (12) "State department" has the same meaning as set forth in section 19-1-103. (13) "Supervised independent living placement" means a setting in which a youth is living independently with county department supervision. "Supervised independent living placement" is designed to promote and lead to a youth's successful emancipation. (14) "Transition program" or "foster youth in transition program" means the program established pursuant to section 19-7-303 in which an eligible youth may voluntarily opt to continue or resume receiving child welfare services that may include but are not limited to foster care maintenance payments. (15) "Voluntary services agreement" means a standardized voluntary services agreement entered into by a participating youth pursuant to section 19-7-306. (16) "Voucher" means a voucher that provides rental assistance to a voucher recipient through the Colorado fostering success voucher program. (17) "Voucher recipient" means a youth who is eligible for and receiving a voucher through the Colorado fostering success voucher program.

C.R.S. § 19-7-303 Foster youth in transition program - established

19-7-303. Foster youth in transition program - established. The foster youth in transition program is established in the state department to be implemented in county departments throughout the state to provide extended child welfare services to eligible youth eighteen years of age or older but less than twenty-one years of age, or such greater age of foster care eligibility as required by federal law. Each county department shall make the transition program available to eligible youth on a voluntary basis. The child welfare services provided through the transition program must be client-directed and developmentally appropriate, as set forth in a voluntary services agreement developed and entered into pursuant to section 19-7-306 and, when required, overseen by the juvenile court in a youth in transition proceeding brought pursuant to this part 3. The state department is encouraged to submit, as part of the annual budget process, a request for increased appropriations to fund the increased caseload for the transition program.

C.R.S. § 19-7-304 Eligibility and enrollment

19-7-304. Eligibility and enrollment. (1) An eligible youth is an individual who: (a) Is at least eighteen years of age or older, but less than twenty-one years of age, or such greater age of foster care eligibility as required by federal law; (b) Has a current dependency and neglect case or has current or recent prior foster care or kinship care involvement in at least one of the following ways: (I) The youth was in foster care, as defined in section 19-1-103, on or after the youth's sixteenth birthday; (II) The youth was in noncertified kinship care, as defined in section 19-1-103, on or after the youth's sixteenth birthday and was adjudicated dependent and neglected pursuant to article 3 of this title 19; or (III) The youth turned eighteen years of age when the youth was a named child or youth in a dependency and neglect case open through article 3 of this title 19; (c) (I) Except as provided in subsection (1)(c)(II) of this section, or except as such requirements may be waived by federal law, is engaged in, or intends to engage in, at least one of the following: (A) Completing secondary education or an educational program leading to an equivalent credential; (B) Attending an institution that provides postsecondary or career and technical education; (C) Working part- or full-time for at least eighty hours per month; or (D) Participating in a program or activity designed to promote employment or remove barriers to employment. (II) The requirement described in subsection (1)(c)(I) of this section does not apply to a youth who is incapable of engaging in any of the activities described in subsection (1)(c)(I) of this section as a result of a medical condition that is supported by regularly updated documentation in the youth's case plan; and (d) Seeks to enter into or has entered into and is substantially fulfilling the youth's obligations pursuant to a voluntary services agreement with the appropriate county department. (2) An individual who is no longer under the jurisdiction of the juvenile court and believes he or she may be an eligible youth may request to participate in the transition program by making a request to the county department where the youth self-attests that the youth resides. The youth shall provide documentation of the youth's legal name and date of birth, if available. If the youth does not have such documentation, the youth may attest to the youth's legal name and date of birth. The youth shall provide current contact information. (3) The county department shall determine whether a youth is eligible within three business days of the youth's request and, if so, explain the transition program and provide the voluntary services agreement to the eligible youth. Within three business days of an eligible youth's decision to enter the program, the county department shall prepare and execute, in collaboration with the eligible youth, a voluntary services agreement, as described in section 19-7-306; provide a copy of the voluntary services agreement to the eligible youth; and, within ninety days of a voluntary services agreement remaining in effect, file a petition with the juvenile court pursuant to section 19-7-307 that includes the voluntary services agreement. If the county department determines that the youth is not eligible, the county department shall notify the youth of the county department's determination, the reasons for such determination, how to appeal a denial of eligibility, and provide contact information for the office of the child's representative. (4) An eligible youth may voluntarily participate in the transition program for any length of time until the last day of the month of the individual's twenty-first birthday, or such greater age of foster care eligibility as required by federal law. e reasons for such determination, how to appeal a denial of eligibility, and provide contact information for the office of the child's representative. (4) An eligible youth may voluntarily participate in the transition program for any length of time until the last day of the month of the individual's twenty-first birthday, or such greater age of foster care eligibility as required by federal law. (5) A participating youth retains all the rights and responsibilities the individual would normally have, including but not limited to consenting to the youth's own medical care; entering into contracts, including but not limited to leasing contracts, employment contracts, and contracts for purchase; and obtaining and maintaining accounts with financial institutions.

C.R.S. § 19-7-305 Available services and supports

19-7-305. Available services and supports. (1) Each county department shall offer, at a minimum, the following services and supports to participating youth in the transition program: (a) Assistance with enrolling in the appropriate category of medicaid for which the participating youth is eligible; (b) Assistance with securing safe, affordable, and stable housing in the following ways: (I) The participating youth's living expenses are fully or partially funded through foster care maintenance payments, in addition to any other housing assistance the youth is eligible to receive. Any expectations for the youth to contribute to the youth's own expenses must be based upon the youth's ability to pay. (II) With the participating youth's consent, the participating youth's housing may be in any placement approved by the county department or the court for which the participating youth is otherwise eligible, including a host home, as defined in section 26-5.7-110, or a supervised independent living placement that is the least restrictive option to meet the participating youth's needs; or (III) If the participating youth needs placement in a qualified residential treatment program, then such placement must follow all relevant procedures pursuant to section 19-1-115 concerning the placement of a child or youth in a qualified residential treatment program. (c) Case management services, including the development of a case plan with a roadmap to success for the participating youth, as well as assistance in the following areas, as appropriate, and with the agreement of the participating youth: (I) Provision of resources to assist the participating youth in the transition to adulthood; (II) Obtaining employment or other financial support and enhancing financial literacy; (III) Obtaining a driver's license or other government-issued identification card; (IV) Obtaining appropriate community resources and public benefits; (V) Upon request, and if services are available, referral to services satisfying any juvenile or criminal justice system requirements and assisting with expunging the participating youth's court records, as appropriate, pursuant to section 19-1-306; (VI) Pursuing educational goals and applying for financial aid, if necessary; (VII) Upon request, and if services are available, referral to services for obtaining the necessary state court findings and applying for special immigrant juvenile status pursuant to federal law, as applicable, or applying for other immigration relief for which the participating youth may be qualified; (VIII) Obtaining copies of health and education records; (IX) Maintaining and building relationships with individuals who are important to the participating youth, including searching for individuals with whom the participating youth has lost contact; and (X) Accessing information about maternal and paternal relatives, including any siblings.

C.R.S. § 19-7-306 Voluntary services agreement

19-7-306. Voluntary services agreement. (1) A voluntary services agreement entered into pursuant to this part 3 is a binding standardized agreement, written in a client-driven and developmentally appropriate manner, between the county department and a participating youth. The agreement specifies the terms of the youth's participation in the transition program, including, at a minimum: (a) The participating youth's retention of all rights and responsibilities the youth would otherwise have, as described in section 19-7-304 (5); (a.5) Establishing the legal authority for placement with the county department; (b) The participating youth's rights and obligations while the agreement is in effect, including the right to counsel. Upon entering into a voluntary services agreement with an eligible youth, the county department shall make a referral in writing to the office of the child's representative and provide the youth with the contact information for the office of the child's representative. Nothing in this section limits the power of the court to appoint counsel or the power of the office of the child's representative to assign counsel prior to the filing of a petition. (c) A statement concerning the voluntary nature of the transition program and the participating youth's right to terminate the agreement at any time and the procedures for such termination and the right to begin receiving services again, if needed, up to the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law; (d) The county department's rights and obligations while the agreement is in effect; (e) The services that will be available to the participating youth through the transition program, as specified in the roadmap to success; and (f) The circumstances under which a county department may request that the court terminate the agreement and the court's jurisdiction over the objection of the participating youth.

C.R.S. § 19-7-307 Petition - form and content

19-7-307. Petition - form and content. (1) A youth or a participating youth may file a petition on the youth's own behalf at any time. Or, if such a petition has not yet been filed and a voluntary services agreement remains in effect after ninety days, a county department shall file a petition with the court initiating a proceeding pursuant to this part 3 titled "The people of the state of Colorado, in the matter of _____, a youth in transition". The petition must be verified and the statements may be made upon information and belief. (1.5) For a youth who is entering the foster youth in transition program directly from a case through this title 19, at the youth's option, the petition must be filed in either the county where the youth self-attests to reside or a county that is currently serving the eligible youth. For a youth who does not have a current case pursuant to this title 19, the petition must be filed in the county where the youth self-attests to reside. (2) The petition must plainly set forth the facts that bring the participating youth under the court's jurisdiction. The petition must also state the participating youth's name, age, and why venue in this court is proper pursuant to subsection (1.5) of this section. The petition must state that the youth is voluntarily entering foster care and one of the following, whichever is applicable: (a) The youth was removed from home prior to the youth reaching eighteen years of age pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the home, that reasonable efforts were made to keep the youth in the home, and that because the youth has remained in foster care continuously, a new court-ordered removal is not required; or (b) Reasonable efforts to prevent removal were not required because a youth who is eighteen years of age or older may enter into the voluntary services agreement on the youth's own behalf. (3) Repealed. (4) Each petition filed for a foster youth in transition pursuant to this part 3 must include the following statements: (a) That the participating youth retains all the adult rights and responsibilities that the participating youth would otherwise have, as described in section 19-7-304 (5); and (b) That by consenting to the facts set forth in the petition and the jurisdiction of the court, the participating youth may be required to attend court at least once every six months pursuant to section 19-3-702. The participating youth may request that the case be dismissed at any time, forgoing the benefits and obligations of the transition program. (5) In addition to providing notice to the participating youth, the court shall ensure that notice of all hearings and reviews held regarding the participating youth is provided to licensed foster parents with whom a participating youth is placed, not including adults with whom a participating youth lives through a supervised independent living placement. Licensed foster parents have the right to be heard at such hearings and reviews but must not be made a party to the action solely on the basis of notice and the right to be heard. (6) The petition must be accompanied by a copy of the voluntary services agreement executed pursuant to section 19-7-306; except that when the youth files the petition on the youth's own behalf, the voluntary services agreement need only be executed by the youth and does not require a signature by the county department at the time the petition is filed. For a participating youth entering the transition program directly from an open case pursuant to article 3 of this title 19, the petition must also include a current copy of the participating youth's roadmap to success.

C.R.S. § 19-7-308 Right to counsel - guardian ad litem - representation of petitioner

19-7-308. Right to counsel - guardian ad litem - representation of petitioner. (1) A participating youth has a right to counsel. If the youth accepts the publicly provided counsel, counsel must be assigned by the office of the child's representative or approved by the court from a list of attorneys appointed by the office of the child's representative. The office of the child's representative shall develop practice standards and guidelines for representing participating youth in proceedings brought pursuant to this part 3. (2) When a court determines a guardian ad litem is necessary for a participating youth due to the youth's diminished capacity, the court shall appoint a guardian ad litem from the list of attorneys approved by the office of the child's representative. The court shall not deem a guardian ad litem to be a substitute for counsel for youth. (3) In all proceedings brought pursuant to this part 3, the county department must be represented by a county attorney, a special county attorney, or an attorney of a city or city and county.

C.R.S. § 19-7-309 Supervised independent living placements - background checks not required

19-7-309. Supervised independent living placements - background checks not required. A county department is not required to conduct background checks for other residents of a supervised independent living placement as a condition of approving a participating youth's independent living setting.

C.R.S. § 19-7-309.5 Initial hearings

19-7-309.5. Initial hearings. (1) The court shall set the matter for an initial hearing within fifty-six days of receipt of a petition filed pursuant to this section, and the court shall appoint counsel for youth for the petitioning youth. If the office of the child's representative has already assigned counsel, the court shall appoint the same attorney. (2) At the initial hearing, the court shall advise the youth that: (a) Services provided through the transition program 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; (b) If the youth chooses to leave the transition program but later decides support is needed, the youth has the right to begin receiving child welfare services again through the transition program; and (c) The youth has the right to counsel. (3) At the initial hearing, the court shall determine: (a) Whether the youth has voluntarily entered foster care and that the county department has legal authority for placement; (b) Whether it is in the best interest of the youth to be voluntarily placed in foster care; and (c) If one of the following applies: (I) The youth was removed from home prior to the youth reaching eighteen years of age pursuant to a judicial determination that it was contrary to the youth's welfare to remain in the home, that reasonable efforts were made to keep the youth in the home, and that because the youth has remained in foster care continuously, a new court-ordered removal is not required; or (II) Reasonable efforts to prevent removal were not required because a youth who is eighteen years of age or older may enter into the voluntary services agreement on the youth's own behalf. (4) If the court determines that the requirements of subsection (3) of this section are met, the court shall follow procedures for a periodic review hearing as described in section 19-7-312, as applicable. (5) (a) When a youth has been adjudicated dependent and neglected pursuant to section 19-3-102, or when there is sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1), the court shall enter a finding that the youth is dependent on the court, as defined in section 19-1-103 (53.5). The court may enter special findings establishing the youth's eligibility for designation as a special immigrant juvenile pursuant to federal law, including: (I) Declaring the youth dependent; (II) Determining that reunification of the youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (5)(a)(II), "abandonment" includes, but is not limited to, the death of one or both parents. (III) Determining that it is not in the best interests of the youth to be returned to the youth's or parents' previous country of nationality or country of last habitual residence. (b) The order may be entered at any time following the filing of the petition or at the hearing.

C.R.S. § 19-7-310 Emancipation discharge hearings - emancipation transition plan

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; 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.

C.R.S. § 19-7-311 Permanency planning hearings - notice to parents

19-7-311. Permanency planning hearings - notice to parents. A permanency planning hearing must be held for a participating youth under the court's jurisdiction pursuant to this part 3 in the same manner as provided in section 19-3-702; except that permanency hearings need only be held at least every twelve months. The youth's parent or parents are not parties in proceedings pursuant to this article 7 and therefore do not require notice of such hearings.

C.R.S. § 19-7-312 Periodic reviews

19-7-312. Periodic reviews. (1) The court shall hold a periodic review hearing for each participating youth at least once every six months. A review hearing not coinciding with a permanency hearing may be held on the court's administrative docket by written report upon agreement of the parties. The review hearing and permanency hearing must be held together in the same hearing when possible. (2) The primary purpose of the review hearing is to ensure that the transition program is providing the participating youth with the necessary services and supports to help the participating youth move toward permanency and a successful transition to adulthood. (3) Prior to a periodic review held pursuant to this section, the county department shall file a report with the court that includes: (a) A copy of the participating youth's roadmap to success; (b) A statement of the participating youth's progress on the participating youth's goals and whether the participating youth is meeting the participating youth's obligations pursuant to the voluntary services agreement, including any required activities; (c) A statement of the county department's reasonable efforts to support the participating youth in meeting the participating youth's goals; and (d) A statement of any barriers to the participating youth in meeting the participating youth's goals and any plans to address such barriers. (4) The court may order the county department to provide additional services and supports to help the participating youth achieve the goals outlined on the participating youth's roadmap to success or comply with state or federal law. (5) If the court finds the participating youth is not substantially fulfilling the participating youth's obligations pursuant to the voluntary services agreement, the court may enter orders for the participating youth to follow in order to continue to be eligible for the transition program. (6) The court shall conduct a periodic review hearing in a manner that seeks the participating youth's meaningful participation, including offering remote options for participation to accommodate the participating youth's work, school, or treatment commitments. (7) During the periodic review hearing, the court shall find whether: (a) The county department made reasonable efforts to implement the participating youth's case plan, including the participating youth's roadmap to success; and (b) The participating youth continues to need foster care and whether such placement is the least restrictive to meet the participating youth's needs.

C.R.S. § 19-7-313 Continuing jurisdiction

19-7-313. Continuing jurisdiction. (1) The court has continuing jurisdiction over the participating youth until any of the following occurs: (a) The participating youth moves the court, at any time, to withdraw the youth's participation in the transition program and to terminate the court's jurisdiction. The court shall hold an emancipation discharge hearing within thirty-five days after receipt of the participating youth's motion to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310. (b) A county department moves the court at least ninety days prior to a participating youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law, to request an emancipation discharge hearing be held prior to the last day of the month in which the participating youth turns twenty-one years of age. The court shall hold an emancipation discharge hearing to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310. (c) A county department moves the court to terminate a participating youth's voluntary services agreement and the court's jurisdiction because the participating youth no longer meets the eligibility requirements described in section 19-7-304 for the transition program. The county department shall include in the motion its efforts to reengage the participating youth, including: (I) The provision of written notice to the participating youth in a clear and developmentally appropriate manner that informs the participating youth of the county department's intent to request that the court terminate the participating youth's voluntary services agreement with an explanation of the reasons; and (II) Documentation of the county department's reasonable efforts to meet in person with the participating youth to explain the information in the written termination notice and to assist the participating youth in reestablishing eligibility if the participating youth wishes to continue to participate in the transition program. (2) The court shall hold the emancipation discharge hearing pursuant to subsection (1)(c) of this section at least thirty-five days after receipt of the county department's motion to determine whether the participating youth still meets the eligibility requirements for the transition program, including substantially fulfilling the participating youth's obligations set forth in the participating youth's voluntary services agreement. If the participating youth no longer meets the requirements of the transition program and the county department has made reasonable but unsuccessful efforts to reengage the participating youth, then the court shall hold an emancipation discharge hearing to review the participating youth's emancipation transition plan and advise the participating youth as provided in section 19-7-310. The court may accomplish all of these elements in the same emancipation discharge hearing if all of the necessary information has been filed in a timely fashion.

C.R.S. § 19-7-314 Foster youth successful transition to adulthood grant program - creation - standards - application - fund - advisory board - duties

19-7-314. Foster youth successful transition to adulthood grant program - creation - standards - application - fund - advisory board - duties. (1) (a) The foster youth successful transition to adulthood grant program is created within the state department. The purpose of the grant program is to create and administer programs that support eligible youth in making a successful transition to adulthood and provide case management services for voucher recipients as described in section 19-7-314.5. (b) The state department shall ensure that services are available to eligible youth throughout Colorado and, in order to do so, administer a merit-based application process to select service providers as follows: (I) An application from a county department must receive preference over applications from other types of entities; and (II) An application for a proposed program must receive preference if it includes the provision of evidence-based services. (c) Youth who meet the following criteria are eligible for services from a program that has received a grant from the grant program: (I) The youth is eighteen years of age or older but less than twenty-three years of age, or the upper age limit established in the federal "Social Security Act", 42 U.S.C. sec. 677 (a), whichever is greater; (II) The youth was in foster care or adjudicated dependent and neglected on or after the youth's fourteenth birthday; and (III) The youth voluntarily agrees to participate in the program that is receiving a grant from the grant program. (2) There is created in the state treasury the Colorado foster youth successful transition to adulthood grant program fund, referred to in this section as the "fund". The fund consists of any money that the general assembly may appropriate to the fund. Money in the fund is subject to annual appropriation by the general assembly to the state department for the purpose of providing grants pursuant to this section and for the direct and indirect costs associated with the implementation of this section. Any money in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year must remain in the fund and available for expenditure by the state department in the next fiscal year without further appropriation. (3) (a) The state department shall convene an advisory board, which shall meet at least two times per year, to review the grant program and provide recommendations to the state department including the following items: (I) Implementation of the grant program; (II) Funding models and allocation methodologies, including consultation with the advisory board before the state department allocates funding received through the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677, for the grant program; (III) Content for grant program applications; and (IV) Scoring methodology for grant program application review. unding models and allocation methodologies, including consultation with the advisory board before the state department allocates funding received through the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677, for the grant program; (III) Content for grant program applications; and (IV) Scoring methodology for grant program application review. (b) The executive director shall appoint members of the advisory board for two-year terms. The board must include: (I) Two directors of county departments of human or social services, or their designees; (II) Two directors of runaway homeless youth providers, or their designees; (III) One staff member from the state department with administrative responsibility for programming funded through the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677; (IV) The managing director of the Colorado workforce development council, or the director's designee; (V) The executive director of the department of higher education or the director's designee; and (VI) Two youth who have previously participated in the transition program or the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. sec. 677. (c) The advisory board shall have its first meeting on or before October 1, 2022.

C.R.S. § 19-7-314.5 Colorado fostering success voucher program - established - eligibility - administration - availability, standards, and services

19-7-314.5. Colorado fostering success voucher program - established - eligibility - administration - availability, standards, and services. (1) The Colorado fostering success voucher program is established in the state department. The purpose of the voucher program is to provide vouchers to voucher recipients and provide developmentally appropriate case management for voucher recipients who are eligible for the voucher program. (2) (a) To be eligible to provide services through the voucher program, a case management agency must: (I) Be a current recipient of a grant from the foster youth successful transition to adulthood grant program created in section 19-7-314; or (II) Be currently operating a program through funding received pursuant to the federal "John H. Chafee Foster Care Program for Successful Transition to Adulthood", 42 U.S.C. 677 (a). (b) To be eligible for services through the voucher program, a voucher recipient must: (I) Be at least eighteen years of age or older but less than twenty-six years of age; (II) Have prior foster care or kinship care involvement in at least one of the following ways: (A) Have been in foster care, as defined in section 19-1-103, on or after the youth's fourteenth birthday; (B) Have been in noncertified kinship care, as defined in section 19-1-103, on or after the youth's fourteenth birthday and have been adjudicated dependent and neglected pursuant to article 3 of this title 19; or (C) Have turned eighteen years of age when the youth was a named child or youth in a dependency and neglect case pursuant to article 3 of this title 19; (III) Be currently experiencing homelessness or be at imminent risk of homelessness and have voluntarily agreed to participate in services offered and provided by a case management agency; (IV) Reside in Colorado; and (V) Have income that does not exceed a level determined by the state department of local affairs policies and procedures pursuant to subsection (3) of this section. (3) The state department of human services and the state department of local affairs shall develop a joint implementation plan that delegates administrative responsibilities as follows: (a) The state department of local affairs is responsible for the issuance of voucher payments to landlords, the maintenance of annual income verification, and the review of policies developed by the state department of human services to ensure compliance with all applicable fair housing laws; (b) The state department of human services is responsible for establishing case management standards, the allocation of vouchers to eligible recipients, and the oversight of voucher selection plans; and (c) Case management agencies are responsible for case management activities and services for voucher recipients. (4) Availability, standards, and services for the Colorado fostering success voucher program include, but are not limited to, the following requirements: (a) A voucher may be used at a dwelling that meets housing quality standards policies and procedures established by the state department of local affairs; (b) The amount of financial assistance for each voucher must align with standards established by the state department of local affairs but may be increased on an individual basis if housing is not available in the county served by the case management agency that meets the cost standards. The state department of human services shall approve any variance from the standards set annually by the state department of local affairs. (c) A youth who receives a voucher is required to contribute to the cost of housing, but that amount must not be more than thirty percent of the youth's income; (d) A youth who receives a voucher is required to participate in case management services provided by the case management agency; rvices shall approve any variance from the standards set annually by the state department of local affairs. (c) A youth who receives a voucher is required to contribute to the cost of housing, but that amount must not be more than thirty percent of the youth's income; (d) A youth who receives a voucher is required to participate in case management services provided by the case management agency; (e) A case management agency shall make case management available, as funding permits, to youth receiving federal housing choice vouchers and who are otherwise eligible for a voucher; (f) A case management agency shall meet the minimum case management standards established by the state department of human services; (g) A youth with prior adjudications in the juvenile court is eligible for a voucher; and (h) A case management agency shall make reasonable efforts to engage a youth in case management activities and to support the youth into coming into compliance with voucher requirements prior to terminating the voucher or case management services.

C.R.S. § 19-7-315 Rules

19-7-315. Rules. The state department shall promulgate rules for the implementation of this part 3, including, but not limited to, rules concerning eligibility determinations, administrative appeals of eligibility determinations, enrollment into the transition program, emancipation transition plans and roadmaps to success, expedited procedures for securing temporary shelter for youth who are currently homeless or at imminent risk of homelessness, and the Colorado fostering success voucher program.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-19.docxFetched: 10/6/2026