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§ 63-7-2700. Purpose.
§ 63-7-2710. Definitions.
§ 63-7-2720. Creation and implementation of extended foster care program.
§ 63-7-2730. Voluntary extension of foster care; jurisdiction; transition plan.
§ 63-7-2740. Proceedings for review of voluntary placement agreement.
§ 63-7-2750. Court-ordered extension of foster care; annual review of child's status;
guardian ad litem.
§ 63-7-2760. Administrative case review; development of transition plan.
§ 63-7-2770. Permanency planning hearings.
§ 63-7-2780. Review of progress toward meeting goals in transition plan.
§ 63-7-2790. Notice of adverse decision; right to appeal; judicial review.
For the purposes of Article 8, Extended Foster Care, 'child' means a person who is or was in DSS custody on their 18th birthday, who has not attained age 21, and who meets at least one of the following requirements:
- is completing secondary education or a program leading to an equivalent credential;
- is enrolled in an institution which provides post-secondary or vocational education;
- is participating in a program or activity designed to promote or remove barriers to employment;
- is employed at least 80 hours a month; or
- is incapable of doing any of the above-described activities due to a physical, intellectual, emotional, or psychiatric condition that limits participation, and the presence of the condition is supported by regularly updated information in the transition plan. § 63-7-2710.
- Before a child's 18th birthday, the child may provide written authorization to remain under the placement and care responsibility of DSS after the child attains age 18 and the court may find it is in the child's best interests to do so. In such cases, the court's jurisdiction continues until the court issues an order terminating its jurisdiction or the child attains the age of 21. § 63-7-2730(A).
- After attaining age 18, an eligible child may enter into a voluntary placement agreement with DSS to remain under or return to the placement and care responsibility of DSS, and DSS must develop a transition plan for the child. § 63-7-2730(B).
- A voluntary placement agreement terminates within 180 days after it is executed, unless the court determines it is in the child's best interests to remain under DSS’s placement and care. § 63-7-2730(C).
- A voluntary placement agreement may not exceed a child's 21st birthday. § 63-7-2740(E).
A child in DSS’s custody on their 18th birthday who, due to a physical, intellectual, emotional, or psychiatric impairment, cannot execute a voluntary placement agreement, may remain in foster care beyond their 18th birthday until DSS has coordinated appropriate services for a successful transition to adulthood. § 63-7-2750(A).
Voluntary Placement Agreement Review Hearing
The court shall review the voluntary placement agreement and determine whether the child wants to remain under the placement and care responsibility of DSS and whether it is in the child's best interests.
- Within 30 days of entering a voluntary placement agreement, DSS shall initiate proceedings for the review of the agreement by filing with the court a summons, petition, and supplemental report. § 63-7-2740(A).
- The summons, petition, and supplemental report must be served on the child and must
include notice of the procedures to request counsel if the child wants representation
at the proceedings. § 63-7-2740(A).
- If the child does not have an attorney, an attorney can be requested by the child and provided by the Commission on Indigent Defense.
- No responsive pleading is required.
- DSS must provide written notice of the hearing to the child at least 10 days before the hearing and the child is entitled to be present for the hearing. § 63-7-2740(C).
The supplemental report must include:
- information necessary to support a determination that the child is eligible and wants to remain under the placement and care responsibility of DSS, and that it is in the child's best interests;
- the voluntary placement agreement; and
- a transition plan which states specific, measurable goals and objectives. § 63-7-2740(B).
The court shall conduct a hearing on the petition within 60 days of the filing of the petition. § 63-7-2740(C).
The court shall include its findings and conclusions in a written order that addresses whether:
- the child wants to remain under the placement and care responsibility of DSS;
- remaining under the placement and care responsibility of DSS is in the child’s best interests;
- the services provided to the child improve placement;
- the services provided to the child further the child's educational or vocational goals, as applicable; and
- DSS has made reasonable efforts to support the child's transition to living independently. § 63-7-2740(D)
- If a child is under the placement and care responsibility of DSS with a voluntary placement agreement, upon motion filed by DSS, the court shall conduct a permanency planning hearing. § 63-7-2770(B).
- A permanency planning hearing must be held annually for as long as the child remains under the placement and care responsibility of DSS. § 63-7-2770(B).
The following requirements are outlined in § 63-7-2770(B):
- DSS shall attach a supplemental report to the motion for permanency planning that includes the transition plan and the report of the administrative case review conducted pursuant to § 63-7-2760.
- The motion, supplemental report, and notice of the hearing must be served upon the child at least 10 days before the permanency planning hearing.
- The child is entitled to be present for the hearing.
- The notice of the hearing must inform the child of the procedures to request counsel if the child wants representation.
- No responsive pleading is required.
DSS or a contracted provider must conduct an administrative case review, in accordance with § 63-7-2760, at least every 6 months to review the case of a child who remains under the placement and care responsibility or in the legal custody of DSS beyond the child's 18th birthday. § 63-7-2760(B)
A permanency planning hearing held pursuant to § 63-7-2770 meets the requirements of the case review required by § 63-7-2760. § 63-7-2770(D).
The order must make specific findings regarding progress being made toward the child's successful transition from the placement and care responsibility of DSS and achieving independence, including whether:
- the child wants to remain under the placement and care responsibility of DSS pursuant to a voluntary placement agreement;
- there is a transition plan that contains specific, measurable goals;
- the services being provided are designed to support the child's successful transition to living independently;
- the services being provided further the child's placement, vocational, or educational goals;
- additional services are necessary to support the child's successful transition to living independently; and
- DSS has made reasonable efforts to support the child's transition to living independently. § 63-7-2770(C).
Court-ordered Extended Foster Care
- Before the child's 18th birthday, at a hearing held pursuant to §§ 63-7-700 (Probable Cause Hearing), -1660 (Merits/Removal Hearing) , -1680 (Merits Hearing), or -1700 (Permanency Planning Hearing), the court must determine it is in the child's best interests to remain under the placement and care responsibility of DSS beyond their 18th birthday due to a physical, intellectual, emotional, or psychiatric impairment and until DSS has coordinated appropriate services for a successful transition to adulthood. § 63-7-2750(B).
- The court shall continue to review the child's status annually pursuant to § 63-7-1700. § 63-7-2750(B).
The child's guardian ad litem (GAL) shall continue to serve as outlined in § 63-11-510. If the child's GAL cannot continue to serve, the court shall appoint a GAL to represent the child as outlined in § 63-11-510. § 63-7-2750(C).
The jurisdiction of the court continues until the court determines DSS has coordinated
appropriate transitional services, but not past the child's 21st birthday. § 63-7-2750(D).
If a child remains in DSS’s custody under a court-ordered extension of foster care due to impairment, permanency planning hearings must be held annually and in accordance with § 63-7-1700. § 63-7-2770(A).
The court shall review the status of the child, the child's transition plan, and the progress being made to coordinate supportive services for the child's successful transition to adulthood. § 63-7-2770(A).
Upon motion of the child or DSS at any time, the court may review the child's case to address progress being made toward meeting the child's goals as set forth in the transition plan. § 63-7-2780.
- DSS must provide notice at least 10 days before a hearing held pursuant to § 63-7-2780, and the notice must advise the child of the procedures to request counsel if the child wants representation.
- The child is entitled to be present for the hearing.
- No responsive pleading is required.
If DSS denies, disqualifies, terminates, or suspends a child from participation in the extended foster care program, DSS shall notify the child in writing of the right to appeal the adverse decision through DSS's fair hearings procedures, unless there is a case pending before the family court that can dispose of the issue. § 63-7-2790(A).
- Notice must be served by certified mail.
- The notice must explain the fair hearings procedures and inform the child that notice of intent to appeal must be submitted within 30 days of receipt of the adverse decision.
- The child is automatically entitled to representation by an attorney, and an attorney will be provided by the Commission on Indigent Defense if requested by the child.
Judicial review of a final agency decision is in the family court. § 63-7-2790(B).
- A child seeking judicial review shall file a petition in the family court within 30 days after the final decision of DSS.
- The child shall serve a copy of the petition upon DSS.
- The family court shall conduct a judicial review in accordance with the standards of review provided for in § 1-23-380.
- The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based.
- The judgment must include a determination of whether DSS's decision should be affirmed or reversed.
- The child is not entitled to a trial de novo in the family court.