2012 Revised Code of Washington
Title 13 - JUVENILE COURTS AND JUVENILE OFFENDERS
13.34 Juvenile court act -- Dependency and termination of parent-child relationship.
13.34.267 Extended foster care services -- Postponement of dependency proceeding dismissal -- Placement, care of youth -- Appointment of counsel -- Case plan -- Dismissal.

RCW 13.34.267 Extended foster care services — Postponement of dependency proceeding dismissal — Placement, care of youth — Appointment of counsel — Case plan — Dismissal.

     *** CHANGE IN 2013 *** (SEE 5405-S2.SL) ***

(1) In order to facilitate the delivery of extended foster care services, the court shall postpone for six months the dismissal of a dependency proceeding for any child who is a dependent child in foster care at the age of eighteen years and who, at the time of his or her eighteenth birthday is:

     (a) Enrolled in a secondary education program or a secondary education equivalency program; or

     (b) Enrolled in a postsecondary academic or postsecondary vocational program, or has applied for and can demonstrate that he or she intends to timely enroll in a postsecondary academic or postsecondary vocational program.

     (2)(a) The six-month postponement under this subsection is intended to allow a reasonable window of opportunity for an eligible youth who reaches the age of eighteen to request extended foster care services from the department or supervising agency. The court shall dismiss the dependency if the youth:

     (i) Has not requested extended foster care services from the department by the end of the six-month period; or

     (ii) Is no longer eligible for extended foster care services under *RCW 74.13.031(10) at any point during the six-month period.

     (b) Until the youth requests to participate in the extended foster care program, the department is relieved of any supervisory responsibility for the youth.

     (3) A youth who participates in extended foster care while completing a secondary education or equivalency program may continue to receive extended foster care services for the purpose of participating in a postsecondary academic or postsecondary vocational education program if, at the time the secondary education or equivalency program is completed, the youth has applied to and can demonstrate that he or she intends to timely enroll in a postsecondary academic or vocational education program. The dependency shall be dismissed if the youth fails to timely enroll or continue in the postsecondary program, or reaches age twenty-one, whichever is earlier.

     (4) A youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian shall be dismissed from the dependency proceeding when the youth reaches the age of eighteen years.

     (5) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services.

     (6) The court shall appoint counsel to represent a youth, as defined in RCW 13.34.030(2)(b), in dependency proceedings under this section.

     (7) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138 and 13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age eighteen to twenty-one years. Additionally, the court shall consider:

     (a) Whether the youth is safe in his or her placement;

     (b) Whether the youth continues to be eligible for extended foster care services;

     (c) Whether the current placement is developmentally appropriate for the youth;

     (d) The youth's development of independent living skills; and

     (e) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.

     (8) Prior to the hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.

     (9) Upon the request of the youth, or when the youth is no longer eligible to receive extended foster care services according to rules adopted by the department, the court shall dismiss the dependency.

[2012 c 52 § 4; 2011 c 330 § 7.]

Notes:

*Reviser's note: RCW 74.13.031 was amended by 2012 c 259 § 8, changing subsection (10) to subsection (11).      Intent -- 2012 c 52: See note following RCW 74.13.031.      Intent -- 2011 c 330: See note following RCW 13.04.011.