§ 9-27-363 - Foster youth transition.
9-27-363. Foster youth transition.
(a) The General Assembly finds that:
(1) Every juvenile in foster care should have a family for a lifetime. However, the reality is that too many juveniles who are in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes;
(2) A child in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future;
(3) The Department of Human Services shall:
(A) Include the child in the process of developing a plan to transition the child into adulthood;
(B) Empower the child with information about all of the options and services available;
(C) Provide the child with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter into adulthood;
(D) Assist the child in developing and maintaining healthy relationships with nurturing adults who can be a resource and positive guiding influence in his or her life after he or she leaves foster care; and
(E) Provide the child with basic information and documentation regarding his or her biological family and personal history.
(b) The department shall develop a transitional plan with every juvenile in foster care not later than the juvenile's seventeenth birthday or within ninety (90) days of entering a foster care program for juveniles who enter foster care at seventeen (17) years of age or older. The plan shall include but not be limited to written information and confirmation concerning:
(1) The juvenile's right to stay in foster care after reaching eighteen (18) years of age for education, treatment, or work and specific programs and services, including but not be limited to the John H. Chafee Foster Care Independence Program and other transitional services; and
(2) The juvenile's case, including his or her biological family, foster care placement history, tribal information if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to siblings would jeopardize the safety or welfare of the sibling.
(c) The department shall assist the juvenile with:
(1) Completing applications for:
(A) ARKids First, Medicaid, or assistance in obtaining other health insurance;
(B) Referrals to transitional housing, if available, or assistance in securing other housing; and
(C) Assistance in obtaining employment or other financial support;
(2) Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate; and
(3) Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as a resource to the juvenile based on his or her best interests.
(d) A juvenile and his or her attorney shall fully participate in the development of his or her transitional plan, to the extent that the juvenile is able to participate medically and developmentally.
(e) Before closing a case, the department shall provide a juvenile in foster care who reaches eighteen (18) years of age or before leaving foster care, whichever is later, his or her:
(1) Social security card;
(2) Certified birth certificate or verification of birth record, if available or should have been available to the department;
(3) Family photos in the possession of the department;
(4) (A) All the juvenile's health records for the time the juvenile was in foster care and any other medical records that were available or should have been available to the department.
(B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private; and
(5) All of the juvenile's educational records for the time the juvenile was in foster care and any other educational records that were available or should have been available to the department.
(f) Within thirty (30) days after the juvenile leaves foster care, the department shall provide the juvenile a full accounting of all funds held by the department to which he or she is entitled, information on how to access the funds, and when the funds will be available.
(g) The department shall not request a circuit court to close a family in need of services case or dependency-neglect case involving a juvenile in foster care until the department complies with this section.
(h) The department shall provide notice to the juvenile and his or her attorney before a hearing in which the department or another party requests a court to close the case is held.
(i) (1) A circuit court shall continue jurisdiction over a juvenile who has reached eighteen (18) years of age to ensure compliance with this section.
(2) This section does not limit the discretion of a circuit court to continue jurisdiction for other reasons as provided for by law.
(3) A court may terminate jurisdiction upon a showing that:
(A) The department has complied with this section; or
(B) The juvenile has refused the services.