15-11-342. Determination of dates; periodic review hearings; role of DFCS in hearing and transition planning.

When a child is receiving services under this article, the date such child is considered to have entered foster care shall be 60 days after such child signed the voluntary placement agreement.#

1. (1)

   No later than 12 months after a child is considered to have entered foster care, the court shall hold a hearing and make findings of fact for the purpose of determining whether:#

   1. (A)

      The services and supports provided by DFCS under the child’s voluntary placement agreement are developmentally appropriate;#

   2. (B)

      DFCS has made reasonable efforts to finalize the child’s plan for transition to independent living or another planned permanent adult living arrangement; and#

   3. (C)

      The child is making progress toward achieving independence.#

2. (2)

   The court shall issue an order adopting or rejecting any updated transition plan for such child.#

So long as a child is eligible for and remains in extended care youth services, the court shall conduct periodic review hearings and make written findings of fact in accordance with subsection (b) of this Code section no later than 12 months following the previous hearing. Such periodic review hearings shall continue so long as such child is eligible for and remains in extended care youth services.#

Five days prior to any hearing conducted under this Code section, DFCS shall submit a report for the court’s consideration, on a form adopted by DFCS, recommending a plan for transition to independent living or another permanent planned adult living arrangement and include the child’s name, address, and telephone number, the date he or she entered extended care youth services, and the placement and services being provided for such child.#

Within the 90 day period prior to a child no longer receiving extended care youth services from DFCS, a DFCS case manager and staff, and other representatives of such child and, as appropriate, such child shall develop a final transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect.#