§4037-A. Extended care
1. Extended care requirements. A person who is 18, 19 or 20 years of age and who attained 18 years of age while in the care and custody of the State may continue to receive care and support if the person:
A. Is enrolled in secondary school or its equivalent or is enrolled in postsecondary or career and technical school; [PL 2011, c. 402, §5 (NEW).]
B. Is participating in a program or activity that promotes employment or removes barriers to employment; [PL 2011, c. 402, §5 (NEW).]
C. Is employed for at least 80 hours per month; or [PL 2011, c. 402, §5 (NEW).]
D. Is found to be in special circumstances, including but not limited to being incapable of qualifying under paragraphs A to C due to a documented medical or behavioral health condition. [PL 2011, c. 402, §5 (NEW).]
[PL 2011, c. 402, §5 (NEW).]
2. Placement. A person who qualifies for care and support under this section may be placed in a supervised setting in which the person lives independently, in a foster home or in a group home.
[PL 2011, c. 402, §5 (NEW).]
3. Judicial review. The District Court shall hold a judicial review for each person who qualifies for care and support under this section at least once every 12 months. The court shall hear evidence and shall consider the original reason for the extended care and support of the person and the agreement of extended care and support between the department and the person. The court shall, after hearing or by agreement, make written findings, based on a preponderance of the evidence, that determine:
A. The safety of the person in the person's placement; [PL 2011, c. 402, §5 (NEW).]
B. The services needed to transition the person from extended care and support to independent living; and [PL 2011, c. 402, §5 (NEW).]
C. The compliance of the parties to the agreement of extended care and support. [PL 2011, c. 402, §5 (NEW).]
In a judicial review order, the court may order either the department or the person or both to comply with the agreement of extended care and support but may not order the department to pay for a specific placement.
[PL 2011, c. 402, §5 (NEW).]
4. Termination; notice. A person receiving care and support under this section or the department may terminate the agreement of extended care and support without approval by the court. The department shall notify the court of the termination of extended care and support within 30 days of the termination.
[PL 2011, c. 402, §5 (NEW).]
5. Guardian ad litem; attorney. The appointments of the guardian ad litem and attorneys for the parents are terminated when a person receiving care and support under this section attains 18 years of age, and a new guardian ad litem or attorney may not be appointed for or on behalf of the person or the parents.
[PL 2011, c. 402, §5 (NEW).]
SECTION HISTORY
PL 2011, c. 402, §5 (NEW).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.