Continuing jurisdiction

Colo. Rev. Stat. § 19-7-313, under Children's Code.

Colo. Rev. Stat. § 19-7-313

(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.

Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2211, � 1, effective June 25. L. 2022: (2) amended, (HB 22-1245), ch. 88, p. 423, � 14, effective August 10.

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.

(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.

Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2212, � 1, effective June 25. L. 2023: (1)(a) amended, (SB 23-082), ch. 346, p. 2074, � 2, effective June 5.

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;

(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.

Source: L. 2023: Entire section added, (SB 23-082), ch. 346, p. 2075, � 3, effective June 5.