Relating to the placement of a child who is the subject of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state

This bill relates to the placement of a child who is the subject of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state. Under current law, any time after a petition is filed alleging a child has committed a delinquent act and prior to the entry of an order adjudicating the matter, a court may suspend the proceedings on motion of the county attorney or the child’s counsel, enter a consent decree, and continue the case under terms and conditions established by the court in the consent decree. A court may select any combination of the following terms of a consent decree: prohibit the child from driving a motor vehicle for a specified period of time or under specific circumstances; require supervision of the child by a juvenile court officer or other agency or person designated by the court; require the child to perform a work assignment of value to the state or to the public; require the child to make restitution consisting of a monetary payment to a victim or a work assignment directly of value to the victim; or place the child in a group or family foster care setting funded by the department of health and human services (HHS), if the court determines that is the least restrictive option. The bill allows a court to place a child in a supervised apartment living arrangement (SAL) as a condition of a consent decree if the child has previously and continuously lived in a qualified residential treatment program, a shelter, or a combination of both, for a period of not less than six months immediately preceding the determination for placement in a SAL, and the child is lacking family support needed to successfully transition to independent living. The bill makes HHS responsible for the payment of foster care services if a child is placed in a supervised apartment living arrangement as a condition of a consent decree, provided that such supervised apartment living arrangement meets requirements as established by HHS by rule.