(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(3) Repealed.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.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2206, � 1, effective June 25. L. 2022: (1.5) added, (2) and (6) amended, and (3) repealed, (HB 22-1245), ch. 88, p. 420, � 9, effective August 10.
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.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2207, � 1, effective June 25. L. 2022: (2) amended, (HB 22-1245), ch. 88, p. 421, � 10, effective August 10.
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.
Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2208, � 1, effective June 25.