Section 21.04. Youth's request to re-enter out-of-home-care and agency determination.

 

(1)  A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement may submit a written request for a determination of eligibility to re-enter out-of-home care that contains all of the following information:

(a) The youth's full name.

(b) The youth's date of birth.

(c) The youth's contact information and contact information for another person who will know where the youth is and be able to contact him or her.

(d) The agency that had placement and care responsibility for the youth when he or she last left out-of-home care.

(e) The secondary school or its technical or vocational equivalent where the youth is enrolled or an attestation by the youth that he or she does not have a high school diploma and wants to re-enroll in secondary school or its technical or vocational equivalent.

(f) The youth attests that he or she has an individualized educational program under s. 115.787 , Stats., in effect.

(g) If known, contact information for a person at the youth's secondary school or its technical or vocational equivalent who is on the youth's individualized education program team under s. 115.787 , Stats.

(2)  If a youth requests that an agency assist the youth with writing the request for determination of eligibility, the agency shall assist the youth.

(3)  A youth may submit a written request for a determination of eligibility to re-enter out-of-home care to any of the following agencies:

(a) The county department of social services under s. 46.22 , Stats., or the county department of human services under s. 46.23 , Stats., in the county where the youth resides.

(b) The agency that had placement and care responsibility for the youth when the youth's most recent out-of-home care placement terminated or the youth aged out.

(4)  The agency that receives the youth's request for determination of eligibility shall provide the youth with a written explanation of the youth's appeal rights under s. DCF 21.08 if the application is denied or, if determined eligible, if eligibility is later terminated under s. DCF 21.07 .

(5)  The agency under sub. (3) (b) shall determine the youth's eligibility for re-entry to out-of-home care under s. DCF 21.03 . If a youth submits a request to re-enter out-of-home care to the agency in the county where the youth resides and that agency is not the agency under sub. (3) (b) , that agency shall forward the youth's request to the agency under sub. (3) (b) on the same day.

(6)  Within 5 working days after receiving the youth's request, the agency under sub. (3) (b) shall make an eligibility determination and send a written notice to the youth. If the youth is not enrolled in school, the agency under sub. (3) (b) shall assist the youth with re-enrollment in school.

(7)  If the agency under sub. (3) (b) is not the agency in the county where the youth resides, the agency where the youth resides shall assist the agency under sub. (3) (b) with all of the following:

(a) Verifying the youth's enrollment in a secondary school or its technical or vocational equivalent.

(b) Verifying that an individualized education program under s. 115.787 , Stats., is in effect for the youth.

(c) Interviewing the youth.

(d) Obtaining signatures from the youth and, if needed, the youth's guardian.

(8)  

(a) If the agency under sub. (3) (b) determines that the youth is eligible under s. DCF 21.03 , the agency shall enter into a voluntary transition-to-independent-living agreement with the youth within the same 5 working days that eligibility is determined under sub. (6) . If the agency under sub. (3) (b) determines that the youth is not eligible, the agency shall send a written notice within 5 working days after the determination is made that specifies the reasons for the denial and informs the youth of his or her right to appeal under s. DCF 21.08 .

(b) Notwithstanding par. (a) , if the agency determines that the youth is eligible and makes efforts to contact the youth using the contact information provided by the youth and the youth does not respond, the agency shall enter into a new voluntary transition-to-independent-living agreement with the youth as soon as practicable.

EmR1414 : emerg. cr., eff. 8-1-14; CR 14-054 : cr. Register April 2015 No. 712 , eff. 5-1-15.