Colorado Code § 19-7-310

Emancipation discharge hearings - emancipation transition plan
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(1) At
the direction of a participating youth, with assistance and support from a county department, an
emancipation transition plan that is personalized for the participating youth must be developed
and finalized no more than ninety days prior to the participating youth's emancipation discharge
hearing. The emancipation transition plan includes specific options concerning housing, health
insurance, education, local opportunities for mentors and continuing support services, and
workforce supports and employment services. The emancipation transition plan must also
include information concerning the importance of designating another individual to make health-
care treatment decisions on the participating youth's behalf if the youth becomes unable to
participate in such decisions and the participating youth does not have, or does not want, a
relative or legal guardian who would otherwise be authorized to make such decisions. The
emancipation transition plan must provide the participating youth with the option to execute a
health-care power of attorney and include details at the participating youth's discretion.
(2) If a participating youth remains in the transition program until the participating youth
turns twenty-one years of age, or such greater age of foster care eligibility as required by federal
law, at least ninety days prior to the participating youth's last day of eligibility for the transition
program, the county department shall provide the participating youth with:
(a) A clear and developmentally appropriate written notice of the date that the
participating youth's voluntary services agreement will terminate;
(b) Repealed.
(c) Information about and contact information for community resources that may benefit
the participating youth, specifically including information regarding programs that have been
established pursuant to section 19-7-314 or to federal law that provide transitional foster care
assistance to young adults.
(3) Prior to a participating youth's emancipation, the court shall:
(a) Review the participating youth's emancipation transition plan and consult with the
participating youth on the participating youth's readiness;
(b) Determine whether the county department has made reasonable efforts toward the
participating youth's permanency goals and to prepare the participating youth for a successful
transition to adulthood;
(c) Determine whether the participating youth has been provided with all necessary
records and documents as described in subsection (4)(b) of this section;
(d) Determine whether the participating youth has been enrolled in medicaid and advise
the participating youth on the participating youth's eligibility for former foster care medicaid up
to the participating youth's twenty-sixth birthday pursuant to section 25.5-5-101 (1)(e); and
(e) Advise the participating youth that if the youth chooses to emancipate but later
decides support is needed, the youth has the right to begin receiving child welfare services again
through the foster youth in transition program, created in section 19-7-303, until the youth's
twenty-first birthday, or such greater age of foster care eligibility as required by federal law; and
advise the youth of the necessity of keeping the participating youth's contact information up to
date with the department of health care policy and financing or the appropriate county
department.
(4) At least seven days prior to a participating youth's emancipation discharge hearing,
the county department shall file a report with the court that includes:
(a) A description of the county department's reasonable efforts toward achieving the
participating youth's permanency goals and a successful transition to adulthood;
(b) An affirmation that the county department has provided the participating youth with
all necessary records and documents, including copies of all documents listed in section 19-3-
702 (4)(d), health records, education records, and written information concerning the
participating youth's family history and contact information for siblings, if appropriate; and
(c) A copy of the participating youth's emancipation transition plan, finalized no more
than ninety days prior to the participating youth's emancipation discharge hearing.
(5) With the participating youth's consent, the court may continue the emancipation
discharge hearing for up to one hundred nineteen days, but not past the last day of the month in
which the participating youth turns twenty-one years of age, or such greater age of foster care
eligibility as required by federal law. The continuance must be to allow time to improve the
participating youth's emancipation transition plan, gather necessary documents and records for
the participating youth, or any other reason necessary to allow for the participating youth to have
a successful transition to adulthood.

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