Colorado § 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.

(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.

Source: L. 2021: Entire part added, (HB 21-1094), ch. 340, p. 2203, § 1, effective June 25. L. 2022: (1)(b) amended, (HB 22-1245), ch. 88, p. 419, § 6, effective August 10. L. 2024: (1)(c)(I)(B) amended, (HB 24-1450), ch. 490, p. 3412, § 30, effective August 7.

ANNOTATION

Law reviews. For article, "House Bill 22-1038: Colorado Continues its History of Expanding Children's Voice and Representation in D&N Proceedings", see 52 Colo. Law. 34 (Apr. 2023).