59 | | - | program, until such child or youth has reached the age of twenty-one 34 |
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60 | | - | years or until another guardian has been legally appointed, or (B) 35 |
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61 | | - | receiving services and funding from the post-secondary education 36 |
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62 | | - | funding program, as defined in section 1 of this act, until such child or 37 |
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63 | | - | youth has reached the age of twenty-four years or until another 38 |
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64 | | - | guardian has been legally appointed. The commissioner may place any 39 |
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65 | | - | child or youth so committed to the commissioner in a suitable foster 40 |
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66 | | - | home or in the home of a fictive kin caregiver, relative caregiver, or in 41 |
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67 | | - | a licensed child-caring institution or in the care and custody of any 42 |
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68 | | - | accredited, licensed or approved child-caring agency, within or 43 |
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69 | | - | without the state, provided a child shall not be placed outside the state 44 |
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70 | | - | except for good cause and unless the parents or guardian of such child 45 |
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71 | | - | are notified in advance of such placement and given an opportunity to 46 |
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72 | | - | be heard, or in a receiving home maintained and operated by the 47 |
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73 | | - | commissioner. When placing such child or youth, the commissioner 48 |
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74 | | - | shall provide written notification of the placement, including the 49 Substitute Bill No. 7216 |
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| 64 | + | program, until such child or youth has reached the age of [twenty-one] 34 |
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| 65 | + | twenty-four years or until another guardian has been legally 35 |
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| 66 | + | appointed. The commissioner may place any child or youth so 36 |
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| 67 | + | committed to the commissioner in a suitable foster home or in the 37 |
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| 68 | + | home of a fictive kin caregiver, relative caregiver, or in a licensed 38 |
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| 69 | + | child-caring institution or in the care and custody of any accredited, 39 |
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| 70 | + | licensed or approved child-caring agency, within or without the state, 40 |
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| 71 | + | provided a child shall not be placed outside the state except for good 41 |
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| 72 | + | cause and unless the parents or guardian of such child are notified in 42 |
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| 73 | + | advance of such placement and given an opportunity to be heard, or in 43 |
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| 74 | + | a receiving home maintained and operated by the commissioner. 44 |
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| 75 | + | When placing such child or youth, the commissioner shall provide 45 Raised Bill No. 7216 |
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81 | | - | name, address and other relevant contact information relating to the 50 |
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82 | | - | placement, to any attorney or guardian ad litem appointed to represent 51 |
---|
83 | | - | the child or youth pursuant to subsection (c) of this section. The 52 |
---|
84 | | - | commissioner shall provide written notification to such attorney or 53 |
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85 | | - | guardian ad litem of any change in placement of such child or youth, 54 |
---|
86 | | - | including a hospitalization or respite placement, and if the child or 55 |
---|
87 | | - | youth absconds from care. The commissioner shall provide such 56 |
---|
88 | | - | written notification not later than ten business days prior to the date of 57 |
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89 | | - | change of placement in a nonemergency situation, or not later than 58 |
---|
90 | | - | two business days following the date of a change of placement in an 59 |
---|
91 | | - | emergency situation. In placing such child or youth, the commissioner 60 |
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92 | | - | shall, if possible, select a home, agency, institution or person of like 61 |
---|
93 | | - | religious faith to that of a parent of such child or youth, if such faith is 62 |
---|
94 | | - | known or may be ascertained by reasonable inquiry, provided such 63 |
---|
95 | | - | home conforms to the standards of the commissioner and the 64 |
---|
96 | | - | commissioner shall, when placing siblings, if possible, place such 65 |
---|
97 | | - | children together. At least ten days prior to transferring a child or 66 |
---|
98 | | - | youth to a second or subsequent placement, the commissioner shall 67 |
---|
99 | | - | give written notice to such child or youth and such child or youth's 68 |
---|
100 | | - | attorney of said commissioner's intention to make such transfer, unless 69 |
---|
101 | | - | an emergency or risk to such child or youth's well-being necessitates 70 |
---|
102 | | - | the immediate transfer of such child and renders such notice 71 |
---|
103 | | - | impossible. Upon the issuance of an order committing the child or 72 |
---|
104 | | - | youth to the commissioner, or not later than sixty days after the 73 |
---|
105 | | - | issuance of such order, the court shall determine whether the 74 |
---|
106 | | - | department made reasonable efforts to keep the child or youth with his 75 |
---|
107 | | - | or her parents or guardian prior to the issuance of such order and, if 76 |
---|
108 | | - | such efforts were not made, whether such reasonable efforts were not 77 |
---|
109 | | - | possible, taking into consideration the child's or youth's best interests, 78 |
---|
110 | | - | including the child's or youth's health and safety. 79 |
---|
111 | | - | (5) A youth who is committed to the commissioner pursuant to this 80 |
---|
112 | | - | subsection and has reached eighteen years of age may remain in the 81 |
---|
113 | | - | care of the commissioner, by consent of the youth and provided the 82 |
---|
114 | | - | youth (A) has not reached the age of twenty-one years of age, if the 83 Substitute Bill No. 7216 |
---|
| 79 | + | LCO No. 4639 3 of 4 |
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| 80 | + | |
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| 81 | + | written notification of the placement, including the name, address and 46 |
---|
| 82 | + | other relevant contact information relating to the placement, to any 47 |
---|
| 83 | + | attorney or guardian ad litem appointed to represent the child or 48 |
---|
| 84 | + | youth pursuant to subsection (c) of this section. The commissioner 49 |
---|
| 85 | + | shall provide written notification to such attorney or guardian ad litem 50 |
---|
| 86 | + | of any change in placement of such child or youth, including a 51 |
---|
| 87 | + | hospitalization or respite placement, and if the child or youth absconds 52 |
---|
| 88 | + | from care. The commissioner shall provide such written notification 53 |
---|
| 89 | + | not later than ten business days prior to the date of change of 54 |
---|
| 90 | + | placement in a nonemergency situation, or not later than two business 55 |
---|
| 91 | + | days following the date of a change of placement in an emergency 56 |
---|
| 92 | + | situation. In placing such child or youth, the commissioner shall, if 57 |
---|
| 93 | + | possible, select a home, agency, institution or person of like religious 58 |
---|
| 94 | + | faith to that of a parent of such child or youth, if such faith is known or 59 |
---|
| 95 | + | may be ascertained by reasonable inquiry, provided such home 60 |
---|
| 96 | + | conforms to the standards of the commissioner and the commissioner 61 |
---|
| 97 | + | shall, when placing siblings, if possible, place such children together. 62 |
---|
| 98 | + | At least ten days prior to transferring a child or youth to a second or 63 |
---|
| 99 | + | subsequent placement, the commissioner shall give written notice to 64 |
---|
| 100 | + | such child or youth and such child or youth's attorney of said 65 |
---|
| 101 | + | commissioner's intention to make such transfer, unless an emergency 66 |
---|
| 102 | + | or risk to such child or youth's well-being necessitates the immediate 67 |
---|
| 103 | + | transfer of such child and renders such notice impossible. Upon the 68 |
---|
| 104 | + | issuance of an order committing the child or youth to the 69 |
---|
| 105 | + | commissioner, or not later than sixty days after the issuance of such 70 |
---|
| 106 | + | order, the court shall determine whether the department made 71 |
---|
| 107 | + | reasonable efforts to keep the child or youth with his or her parents or 72 |
---|
| 108 | + | guardian prior to the issuance of such order and, if such efforts were 73 |
---|
| 109 | + | not made, whether such reasonable efforts were not possible, taking 74 |
---|
| 110 | + | into consideration the child's or youth's best interests, including the 75 |
---|
| 111 | + | child's or youth's health and safety. 76 |
---|
| 112 | + | (5) A youth who is committed to the commissioner pursuant to this 77 |
---|
| 113 | + | subsection and has reached eighteen years of age may remain in the 78 |
---|
| 114 | + | care of the commissioner, by consent of the youth and provided the 79 Raised Bill No. 7216 |
---|
121 | | - | youth is [(A)] (i) enrolled in a full-time approved secondary education 84 |
---|
122 | | - | program or an approved program leading to an equivalent credential; 85 |
---|
123 | | - | [(B)] (ii) enrolled full time in an institution which provides 86 |
---|
124 | | - | postsecondary or vocational education; or [(C)] (iii) participating full 87 |
---|
125 | | - | time in a program or activity approved by said commissioner that is 88 |
---|
126 | | - | designed to promote or remove barriers to employment, or (B) has not 89 |
---|
127 | | - | reached the age of twenty-four years, if the youth receives services and 90 |
---|
128 | | - | funds through the post-secondary education funding program, as 91 |
---|
129 | | - | defined in section 1 of this act. The commissioner, in his or her 92 |
---|
130 | | - | discretion, may waive the provision of full-time enrollment or 93 |
---|
131 | | - | participation based on compelling circumstances. Not more than one 94 |
---|
132 | | - | hundred twenty days after the youth's eighteenth birthday, the 95 |
---|
133 | | - | department shall file a motion in the superior court for juvenile 96 |
---|
134 | | - | matters that had jurisdiction over the youth's case prior to the youth's 97 |
---|
135 | | - | eighteenth birthday for a determination as to whether continuation in 98 |
---|
136 | | - | care is in the youth's best interest and, if so, whether there is an 99 |
---|
137 | | - | appropriate permanency plan. The court, in its discretion, may hold a 100 |
---|
138 | | - | hearing on said motion. 101 |
---|
| 118 | + | LCO No. 4639 4 of 4 |
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| 119 | + | |
---|
| 120 | + | youth has not reached the age of [twenty-one] twenty-four years of 80 |
---|
| 121 | + | age, if the youth is (A) enrolled in a full-time approved secondary 81 |
---|
| 122 | + | education program or an approved program leading to an equivalent 82 |
---|
| 123 | + | credential; (B) enrolled full time in an institution which provides 83 |
---|
| 124 | + | postsecondary or vocational education; or (C) participating full time in 84 |
---|
| 125 | + | a program or activity approved by said commissioner that is designed 85 |
---|
| 126 | + | to promote or remove barriers to employment. The commissioner, in 86 |
---|
| 127 | + | his or her discretion, may waive the provision of full-time enrollment 87 |
---|
| 128 | + | or participation based on compelling circumstances. Not more than 88 |
---|
| 129 | + | one hundred twenty days after the youth's eighteenth birthday, the 89 |
---|
| 130 | + | department shall file a motion in the superior court for juvenile 90 |
---|
| 131 | + | matters that had jurisdiction over the youth's case prior to the youth's 91 |
---|
| 132 | + | eighteenth birthday for a determination as to whether continuation in 92 |
---|
| 133 | + | care is in the youth's best interest and, if so, whether there is an 93 |
---|
| 134 | + | appropriate permanency plan. The court, in its discretion, may hold a 94 |
---|
| 135 | + | hearing on said motion. 95 |
---|