SB 451

Under current law, an order of the court assigned to exercise jurisdiction under

the Children's Code and the Juvenile Justice Code (juvenile court) that places or

continues the placement of a child in out-of-home care terminates when the child

reaches 18 years of age, one year after entry of the order, or, if the child is a full-time

student at a secondary school or its vocational or technical equivalent and is

reasonably expected to complete the program before reaching 19 years of age, when

the child reaches 19 years of age, whichever is later, unless the juvenile court

specified a shorter period of time or terminates the order sooner.

This bill permits a child placed in out-of-home care who is a full-time student

at a secondary school or its vocational or technical equivalent and for whom an

individualized education program (IEP) is in effect (child with an IEP) to continue

in out-of-home care until the child is granted a high school or high school

equivalency diploma or reaches 21 years of age, whichever occurs first, under either

an extended dispositional order of the juvenile court or a voluntary

transition-to-independent-living agreement between the child, or the child's

guardian on behalf of the child, and the agency primarily responsible for providing

services to the child under the dispositional order (agency). (An IEP is a written

statement for a child with a disability developed by an IEP team appointed by the

child's local educational agency that includes, among other things, the child's level

of academic achievement and functional performance, measurable goals for the

child, the special education and related services to be provided to the child, and how

the child's progress toward attaining those goals will be measured.)

Specifically, the bill requires an agency, not less than 120 days before the

termination date of a dispositional order of a child with an IEP who has attained 18

years of age or the termination date of a termination of parental rights order

transferring a child with an IEP to the guardianship of an agency (TPR agency

guardianship order), to request the child to indicate whether he or she wishes to be

discharged from out-of-home care on termination of the dispositional or TPR agency

guardianship order, wishes to continue in out-of-home care under an extension of

the dispositional order, or wishes to continue in out-of-home care under a voluntary

transition-to-independent-living agreement.

If the child with an IEP indicates that he or she wishes to be discharged from

out-of-home care on termination of the dispositional or TPR agency guardianship

order, the agency must request the juvenile court to hold a transition-to-discharge

hearing, and the juvenile court must hold the hearing within 30 days after receipt

of the request. At the hearing the juvenile court must review with the child the

options of being discharged from out-of-home care on termination of the

dispositional or TPR agency guardianship order, continuing in out-of-home care

under an extension of the dispositional order, or continuing in out-of-home care

under a voluntary agreement.