SB504 - Revises provisions relating to the Extended Young Adult Support Services Program. (BDR 38-1123)

- 83rd Session (2025) Senate Bill No. 504–Committee on Finance CHAPTER.......... AN ACT relating to child welfare; authorizing a court to dismiss and reassume jurisdiction over a young adult under certain circumstances for the purpose of obtaining certain federal funding; revising provisions governing eligibility to participate in the Extended Young Adult Support Services Program; revising the manner in which a young adult may elect not to participate in the Program; revising the duties of an agency which provides child welfare services with respect to the Program; revising requirements governing court hearings concerning a participant in the Program; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that, beginning no later than July 1, 2025, courts retain jurisdiction over certain young adults who are at least 18 years of age but less than 21 years of age and who have been placed outside the home in child welfare proceedings. (NRS 432B.5917) Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to establish the Extended Young Adult Support Services Program to provide extended youth support services to such young adults, which must become operational on the earlier of July 1, 2025, or the date on which there is sufficient money available to carry out the Program. (NRS 432B.5919) Existing law defines the term “young adult” for the purposes of the Program to mean a person who is at least 18 years of age but less than 21 years of age and whose plan for permanent placement, on his or her 18th birthday, did not provide for reunification with his or her parent. (NRS 432B.5915) Section 1 of this bill revises the definition of the term “young adult” to instead refer to a person who: (1) on his or her 18th birthday, was subject to a court order for placement in foster care or proceedings for which a possible outcome is placement in foster care; or (2) exited the Kinship Guardianship Assistance Program or an adoption assistance program after attaining 16 years of age and is not currently receiving care from a guardian or adoptive parent. Section 1 thereby provides that such a person remains under the jurisdiction of the court and is eligible to participate in the Program. Existing law requires a court to retain jurisdiction over a young adult until the young adult reaches 21 years of age. (NRS 432B.5917) Section 2 of this bill authorizes an agency which provides child welfare services to, under certain circumstances, petition the court to dismiss its current jurisdiction over a young adult and immediately reassume jurisdiction over the young adult to establish the eligibility of the young adult for certain federal financial participation. Once the Program becomes operational, existing law requires an agency which provides child welfare services that has custody of a child to meet with the child at least 120 days before his or her 18th birthday to determine whether the child wishes to participate in the Program and, if the child does wish to participate, assist the child to enroll in the Program. (NRS 432B.593) After the child requests to participate in the Program, existing law requires the agency to develop and monitor a written extended youth support services plan to assist the child in transitioning to self-sufficiency. (NRS 432B.595) Sections 3-6 of this bill require a child who does not wish to participate in the Program to affirmatively opt out of the Program, while – 2 – - 83rd Session (2025) maintaining the existing eligibility requirements to participate in the Program. Sections 5 and 6 revise the duties of an agency which provides child welfare services with respect to a young adult who participates in the Program. Existing law requires a court that has jurisdiction over a young adult who is participating in the Program to hold an annual hearing to: (1) review the extended youth support services plan developed for the young adult; and (2) determine whether the agency which provides child welfare services has made reasonable efforts to assist the young adult in meeting the goals prescribed in the plan. Existing law authorizes the court to direct that the hearing be conducted by a panel of three or more persons appointed by mutual consent of the judge or judges of the court. (NRS 432B.601) Section 7 of this bill requires the court to hold such a hearing every 6 months instead of annually. If the court directs a panel to conduct such a hearing, section 7 requires that at least one member of the panel be a person who is not responsible for the case management of or delivery of services to the young adult. Section 8 of this bill revises certain terminology and statutory references related to the Program. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 432B.5915 is hereby amended to read as follows: 432B.5915 “Young adult” means a person who is at least 18 years of age but less than 21 years of age and [whose plan for permanent placement adopted pursuant to NRS 432B.553 was, on his or her 18th birthday, a permanent living arrangement other than reunification with his or her parents.] who: 1. On his or her 18th birthday, was subject to a court order for placement in foster care or was the subject of proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive, of which placement in foster care is a potential outcome; or 2. Exited the Kinship Guardianship Assistance Program established pursuant to NRS 432B.622 or an adoption assistance program after attaining 16 years of age and is not currently receiving care from his or her guardian or adoptive parent. Sec. 2. NRS 432B.5917 is hereby amended to read as follows: 432B.5917 1. [A] Except as otherwise provided in subsection 2, a court shall retain jurisdiction over a young adult until the young adult reaches 21 years of age. 2. If a young adult was subject to a court order for placement in foster care on his or her 18th birthday and was not eligible for federal financial participation under Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., before his or her 18th birthday, the agency which provides child welfare services may, on – 3 – - 83rd Session (2025) behalf of and with the consent of the young adult, petition the court to dismiss its current jurisdiction over the young adult and immediately reassume jurisdiction over the young adult to establish the eligibility of the young adult for such federal financial participation. 3. While under the jurisdiction of the court, a young adult has the same authority to make decisions as a person who is over 18 years of age and who is not subject to the jurisdiction of the court. Sec. 3. NRS 432B.592 is hereby amended to read as follows: 432B.592 1. A court shall refer a child who is in the custody of an agency which provides child welfare services to an attorney in the county who provides legal services without a charge to abused or neglected children if the court determines that the child: (a) Has reached the age of 17 years; and (b) Is not likely to be returned to the custody of his or her parent before reaching the age of 18 years. 2. The court shall request the attorney to whom such a child is referred to: (a) Counsel the child regarding the legal consequences of: (1) Remaining under the jurisdiction of the court pursuant to NRS 432B.5917, regardless of whether the child [elects to participate] participates in the Program; [and] (2) Participating in the Program; and (3) Opting out of the Program; and (b) Assist the child in deciding whether to participate in the Program. Sec. 4. NRS 432B.593 is hereby amended to read as follows: 432B.593 1. At least 120 days before the date on which a child who is in the custody of an agency which provides child welfare services reaches the age of 18 years, the agency which provides child welfare services shall meet with the child to: (a) Provide information to the child regarding the Program, including, without limitation, eligibility requirements for participation in the Program and extended young adult support services available to participants in the Program; and (b) Determine whether the child intends to [request to participate in] opt out of the Program. 2. Notwithstanding a determination made by a child during a meeting held pursuant to subsection 1, and notwithstanding any previous decision to opt out of or terminate participation in the Program, any time before reaching the age of 21 years, a young adult may request to participate in the Program. – 4 – - 83rd Session (2025) 3. The agency which provided child welfare services to a young adult before his or her 18th birthday: (a) Shall, [upon the request of] unless the young adult [to participate in] opts out of the Program , [made on or after his or her 18th birthday,] assist the young adult [to enroll] in maintaining eligibility for the Program [.] , including, without limitation, meeting one or more of the conditions for participation set forth in NRS 432B.594. (b) May refer the young adult to an attorney who provides legal services without a charge to assist the young adult [to enroll] in participating in and maintaining eligibility for the Program. 4. A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of 18 years to allow the child to live independently is not prohibited from [electing to participate] participating in the Program, and would be entitled to the same rights and protections set forth in NRS 432B.5909 to 432B.601, inclusive, as provided to any other young adult under the Program. Sec. 5. NRS 432B.594 is hereby amended to read as follows: 432B.594 1. To be eligible to participate in the Program, a young adult must: (a) Enter into a written agreement with the agency that provides child welfare services that satisfies the requirements prescribed in subsection 3; (b) Be: (1) Enrolled in a program of secondary education or an educational program leading to a general educational development certificate or an equivalent document; (2) Enrolled in a program of postsecondary or vocational education; (3) Enrolled or participating in a program or activity designed to promote employment or remove obstacles to employment; (4) Employed at least 80 hours per month; or (5) Incapable of satisfying any of the requirements prescribed in paragraphs (1) to (4), inclusive, due to a documented medical or cognitive condition; and (c) Make a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595. 2. Except as otherwise provided in this section, a young adult may continue to participate in the Program until: – 5 – - 83rd Session (2025) (a) The agency which provides child welfare services, the young adult and the attorney of the young adult agree to terminate participation in the Program; (b) The court determines that: (1) The young adult has achieved the goals set forth in the plan developed pursuant to NRS 432B.595; (2) The young adult is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or (3) The circumstances of the young adult have changed in such a manner that it is infeasible for the young adult to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; (c) The young adult requests that participation in the Program be terminated; or (d) The young adult reaches the age of 21 years,  whichever occurs first. 3. The written agreement to participate in the Program required by subsection 1 must be filed with the court and must include, without limitation, provisions which specify that: (a) [The young adult voluntarily requested to participate in the Program; (b)] While participating in the Program, the young adult is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not exceed the rate of payment for foster care; [(c)] (b) While participating in the Program, the agency which provides child welfare services will retain responsibility for the placement and care of the young adult, but the young adult will no longer be under the legal custody of the agency which provides child welfare services, and any proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate; [(d)] (c) The young adult may, at any time, request that his or her participation in the Program be terminated; [and (e)] (d) If there is an issue concerning the participant, the participant and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue [.] ; and (e) The participation of the young adult in the Program may not be terminated until: – 6 – - 83rd Session (2025) (1) The court approves a transition plan consistent with 42 U.S.C. § 675(5)(H); and (2) The young adult obtains the documents required by 42 U.S.C. § 675(5)(I) to be provided to him or her. 4. If an issue arises concerning a participant, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the participant and the agency which provides child welfare services must attempt to resolve the issue. 5. If the agency which provides child welfare services wishes to terminate the participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the participant and his or her attorney that the participant has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the participant or the attorney of the participant may request a hearing before the court pursuant to subsection 4. If the young adult and the attorney of the young adult agree to terminate participation or do not request an informal administrative review, participation in the Program must terminate upon notice to the court by the agency which provid [Text truncated for display. Full text available on LegiScan.]