Bill Text: DE SB216 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Pertaining To Extended Jurisdiction.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Passed) 2016-08-10 - Signed by Governor [SB216 Detail]
Download: Delaware-2015-SB216-Draft.html
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SPONSOR: |
Sen. Blevins & Rep. M. Smith & Rep. Lynn |
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Sens. Ennis, Hocker, Lopez, Marshall, Poore; Reps. Kowalko, Mitchell, Osienski |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 216 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE PERTAINING TO EXTENDED JURISDICTION. |
Section 1.Amend §929, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§929. Extended jurisdiction -- Child abuse, dependency and neglect.
(a) Upon motion petition filed by DSCYF,
the youth, or the youth's attorney on behalf of the youth, or the
youth's present or former representative, guardian ad litem, or
Court Appointed Special Advocate, the Court may enter an order to extend
jurisdiction over a youth who was an abused, dependent or neglected child in
DSCYF custody at the time the youth attained attains 18 years of
age or any time thereafter.The motion
petition seeking extended jurisdiction shall be filed not later than 6
months prior to the youth's twenty-first 21st birthday
nor more than 30 days prior to the youth's 18th birthday.
(b)When a petition for extended jurisdiction is filed, the petition shall be served upon DSCYF.Within 20 days of service, DSCYF shall file an answer indicating whether DSCYF supports the petition or requests a hearing.If requested by DSCYF, the Court shall schedule a hearing to address the petition.Notice of the time and place of the hearing shall be sent to the youth as petitioner and DSCYF as respondent.Following either an answer by DSCYF supporting the petition or a hearing on the petition,the Court may enter an order extending jurisdiction over the youth.
(b)(c) The purpose of extended
jurisdiction is to enable youth who are provided developmentally appropriate,
comprehensive independent living services from age 14 to 21 to assist with
their successful transition into adulthood under the John H. Chafee
Independence Act (P.L. 106-169) or the Fostering Connections to Success and
Increasing Adoptions Act of 2008 (P.L. 110-351) , and other relevant
services, to have a legal mechanism for Family Court review of the
appropriateness of such services. Extended jurisdiction may continue until the
youth attains 21 years of age. Notwithstanding extended jurisdiction, the youth
shall attain the age of majority at age 18, and DSCYF custody shall terminate
at that time by operation of law.
(d)(e) Where the
Court has extended jurisdiction over a youth, the Court may conduct reviews
upon motion of any party, or sua sponte, and prior to termination of the order
extending jurisdiction;. Reviews should occur as often as
needed with a date established at the prior review, however, reviews must
occur at least annually. If the youth agrees, tThe appointment of
the youth's attorney or Court Appointed Special Advocate shall also be
extended, and the representation of the youth shall be client-directed. Prior
to At each review, notice shall be provided by DSCYF to any
contracted providers serving the youth. At each review, the Court shall, at a
minimum, evaluate the youth's independent living services, and make findings,
where applicable, regarding:
(1) Financial stability;
(2) Housing;
(3) Medical benefits, including access to health care and other public benefits;
(4) Employment and training;
(5) Education; and
(6) Community and individual connections to help support the youth.
(e)(f) An order for eExtended
jurisdiction terminates by operation of law when the youth attains 21 years of
age. An order for extended jurisdiction may be terminated or sooner
upon a finding that:
(1) The youth no longer consents to the Court's extended jurisdiction;
(2) The youth no longer consents to the continued assistance of DSCYF;
(3) The youth has failed to cooperate with DSCYF; or
(4) For other good cause shown.
SYNOPSIS
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This bill reflects current practice within Family Court as to how and when one files for Extended Jurisdiction. This bill provides for a petition for extended jurisdiction to be filed by the youth who will be or was in foster care at age 18 or by the youth's representative, requesting that Family Court be authorized to hold proceedings past the youth's eighteenth birthday for the purpose of reviewing the youth's independent living services.The current statute calls for a motion to be filed in the dependency, abuse, and neglect proceeding.By requiring a new petition to be filed at the youth's request, this new procedure recognizes the young adult in their status as an independent adult and emphasizes the requirement that the jurisdiction be extended with the youth's consent.As with the current statute, DSCYF is not required to provide any services for which funds have not been appropriated or exhausted. |
Author:Senator Blevins
