SB 518 - This act grants the family court exclusive original jurisdiction in proceedings involving youth under 21 years of age for whom a petition to return the youth to Children's Division's (CD) custody has been filed. Under current law, if a youth under 21 years of age has been released from the CD's custody and it appears to be in the youth's best interests to return to the CD's custody, the juvenile officer, the CD, or the youth may petition the court to return the youth to the CD's custody. This act requires the petition to be filed in the court that had previously exercised jurisdiction over the youth. If the petition is not heard within 6 months of the filing date, the petition may be filed in the court where the youth resides or the court of an adjacent county. When determining if such a return to custody is in the youth's best interests, the court shall consider: (1) the circumstances of the youth; (2) whether the CD has services or programs that will benefit the youth; and (3) whether the youth will fully cooperate with the CD in designing and implementing a case plan. The court shall not return a youth to the CD's custody if that youth has been committed to the custody of another agency, is under a legal guardianship, or has pled or been found guilty of a felony criminal offense. The court may, upon a motion by the CD or the youth, terminate care and supervision before the youth's 21st birthday if the CD does not have services available for the youth or if the youth declines to cooperate with the case plan.
This act is substantially similar to HB 556 (2015) and provisions in SCS/HB 556 (2015) and SS/SCS/HB 556 (2015).
SARAH HASKINS