Section 211.036

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2016, 2 histories   

  211.036.  Custody of released youth may be returned to children's division, when — factors considered by court — termination of care and supervision before 21, when — appointment of GAL, when — hearings, when held. — 1.  If a youth under the age of twenty-one is released from the custody of the children's division and after such release it appears that it would be in such youth's best interest to have his or her custody returned to the children's division, the juvenile officer, the children's division or the youth may petition the court to return custody of such youth to the division until the youth is twenty-one years of age.  The petition shall be filed in the court that previously exercised authority over the youth under section 211.031, in the court in the county where the youth resides, or in the court of an adjacent county.  In deciding if it is in the best interests of the youth to be returned to the custody of the children's division under this section, the court shall consider the following factors:

  (1)  The circumstances of the youth;

  (2)  Whether the children's division has services or programs in place that will benefit the youth and assist the youth in transitioning to self-sufficiency; and

  (3)  Whether the youth has the commitment to fully cooperate with the children's division in developing and implementing a case plan.

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The court shall not return a youth to the custody of the children's division who has been committed to the custody of another agency; who is under a legal guardianship; or who has pled guilty to or been found guilty of a felony criminal offense.

  2.  The youth shall cooperate with the case plan developed for the youth by the children's division in consultation with the youth.

  3.  For purposes of this section, a "youth" is any person eighteen years of age or older and under twenty-one years of age who was in the custody of the children's division in foster care at any time in the two-year period preceding the youth's eighteenth birthday.

  4.  The court may, upon motion of the children's division or the youth, terminate care and supervision before the youth's twenty-first birthday if the court finds the children's division does not have services available for the youth, the youth no longer needs services, or if the youth declines to cooperate with the case plan.

  5.  The youth, at the youth's discretion, may request to be appointed a guardian ad litem.  If a guardian ad litem is appointed, he or she shall serve under section 210.160.

  6.  The court shall hold review hearings as necessary, but in no event less than once every six months for as long as the youth is in the custody of the children's division.

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(L. 1989 H.B. 502, et al., A.L. 2013 S.B. 205 merged with S.B. 208, A.L. 2016 H.B. 1877)