(1) Licensed child care facilities, licensed homeless youth shelters, and licensed host family homes may provide shelter and crisis intervention, family reconciliation, and alternative residential services to homeless youth. Homeless youth who are fifteen years of age or older may consent, in writing, to receive such shelter and services without parental consent when in accordance with rules promulgated by the state department pursuant to subsection (8) of this section.
(2) Any youth admitted to a licensed child care facility, licensed homeless youth shelter, or licensed host family home pursuant to this article 5.7 and who is not returned to the home of the youth's parent or legal guardian or is not placed in a voluntary alternative residential placement pursuant to section 26-5.7-107 shall reside at a facility, shelter, or licensed host family home described in subsection (1) of this section for a period not to exceed twenty-one days from the time of intake except as otherwise provided in this article 5.7. A licensed child care facility, licensed homeless youth shelter, or a licensed host family home shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the youth have not been achieved within seventy-two hours from the time of intake and the director of the facility or shelter, or other person in charge, does not consider it likely that reconciliation will be achieved within the twenty-one-day period, then the director of the facility or shelter, or other person in charge, shall provide the youth and the youth's parent or legal guardian with a statement identifying:
The availability of counseling services;
The availability of longer term residential arrangements; and(c) The possibility of referral to the county department.
The state department shall develop a written statement of the rights and counselingservices set forth in subsection (2) of this section and distribute the statement to each law enforcement agency, licensed child care facility, licensed homeless youth shelter, and licensed host family home. Each law enforcement officer taking a youth into custody pursuant to this article 5.7 shall provide the youth and the youth's parent or legal guardian with a copy of the statement. Each licensed child care facility, licensed homeless youth shelter, and licensed host family home shall provide each resident youth and the youth's parent or legal guardian with a copy of the statement.
When a youth under fifteen years of age is admitted to a licensed child care facility,licensed homeless youth shelter, or licensed host family home, the director of the facility, shelter, or other person in charge shall notify the county department within seventy-two hours of the youth's admission.
If the director of the facility, shelter, or other person in charge determines that areferral for additional services needs to be made, the director or other person in charge shall make the referral to the appropriate county department, notify the county department of the facility's relationship to the youth pursuant to section 19-1-307 (2)(e.5)(I), and notify the county department of the date when the twenty-one-day shelter time period will expire.
A licensed foster care home approved as a licensed host family home shall not accepta homeless youth for placement under this section if there are any foster children currently placed in the home.
If a youth who is at least eleven years of age but less than fifteen years of age hasbeen served up to twenty-one days and returns to the licensed child care facility, licensed homeless youth shelter, or licensed host family home after leaving the facility, shelter, or host home, the director of the licensed child care facility or licensed homeless youth shelter or other person in charge shall make a referral for services to the county department.
The state department shall promulgate rules for the implementation of this section.
Source: L. 97: Entire article added, p. 979, § 2, effective May 22. L. 2011: Entire section amended, (HB 11-1079), ch. 83, p. 224, § 2, effective August 10. L. 2015: (6) amended, (SB 15-087), ch. 263, p. 1020, § 16, effective June 2. L. 2020: Entire section amended, (SB 20106), ch. 128, p. 552, § 2, effective September 14.