Eligibility

General Eligibility

Court retains jurisdiction over all children adjudicated dependent or neglected until age 21, unless juvenile court terminates jurisdiction. Colo. Rev. Stat. § 19-3-205(1).

Court shall consider “the individual circumstances of each youth in out-of-home placement” who is between 17 and 18 to determine readiness to become independent or need to remain under care of county. Court must also determine if youth is (I) completing secondary education or is enrolled in a program leading to an equivalent credential; (II) enrolled in an institution that provides postsecondary or vocational education; (III) participating in a program or activity designed to promote or remove barriers to employment; or (IV) employed for at least eighty hours per month. §19-3-205(2)(a).

Further, if a youth's medical condition makes him or her incapable of engaging in any of the activities (I) – (IV) above, “the applicable county department shall maintain information about the youth's condition in the youth's case plan.” § 19-3-205(2)(b).

The child welfare agency must provide placement and services to such youth who remain under court jurisdiction after age 18.

Re-Entry

Colorado law does not allow for re-entry.

Courts & Rights

Court Oversight of Extended Care

Court retains jurisdiction over all children adjudicated dependent or neglected until age 21, unless juvenile court terminates jurisdiction. Colo. Rev. Stat. § 19-3-205(1).

Procedure for Continuing Court Oversight

Court shall consider “the individual circumstances of each youth in out-of-home placement” who is between 17 and 18 to determine readiness to become independent or need to remain under care of county. Court must also determine if youth is (I) completing secondary education or is enrolled in a program leading to an equivalent credential; (II) enrolled in an institution that provides postsecondary or vocational education; (III) participating in a program or activity designed to promote or remove barriers to employment; or (IV) employed for at least eighty hours per month. Colo. Rev. Stat. § 19-3-205(2)(a).

Further, if a youth's medical condition makes him or her incapable of engaging in any of the activities (I) – (IV) above, “the applicable county department shall maintain information about the youth's condition in the youth's case plan.” § 19-3-205(2)(b).

The child welfare agency must provide placement and services to such youth who remain under court jurisdiction after age 18.

Subsidies

Eligibility for Extended Adoption Assistance

Adoption assistance may continue until age 18, or until age 21 if the youth has a developmental or physical disability which warrants continuance of assistance. 12 Colo. Code Regs. § 2509-4:7.306.4(A)(3)(a).

Assistance may also continue if the youth is receiving federal adoption assistance, is 16 or older before the agreement is signed, and is (a) completing secondary school or its equivalent); (b) enrolled in post-secondary or vocational school; (c) participating in a program or activity that promotes or removes barriers to employment; (d) employed at least 80 hours per month; or (e) incapable of any of the above due to a documented medical condition. Colo. Rev. Stat. § 2509-4:7.306.41(B)(8).

Eligibility for Extended Guardianship Assistance

Guardianship assistance ends at age 18. 12 Colo. Code Regs. § 2509-4:7.311.9.