HB0041 Court ordered placements-age restrictions.

Official Summary Text

Bill Summary

Bill No.:
HB0041
Effective
:
7/1/2017

LSO No.:
17LSO-0214

Enrolled Act No.:
HEA No. 0058

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Joint Education Interim Committee

Catch Title:
Court ordered placements-age restrictions.

Subject:
Modification of
the age restrictions on court-ordered placements.

Summary/Major Elements:

Previously, the Department of Family Services (DFS) was required to pay residential and treatment costs of children age six through eighteen years old who were placed by court order in residential treatment facilities and group homes in Wyoming. The Wyoming Department of Education (WDE) was required to pay the cost of educational services for these children.

Under this bill, t
he age restrictions
on DFS and WDE's
payment
obligations
are
broadened
to five years old through
twenty-one
years old, unless otherwise provided by law.

The bill also adds references related to children in need of supervision
alongside

existing references related to delinquent children.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
House
Bill No
.
HB0041

ENROLLED ACT NO. 58,

HOUSE OF
REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to education; amending age restrictions related to court ordered placements; inserting missing cross references; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
13
‑
315
(
a)(intro)
,
(d)(intro)
,

(f)
and

(k)

is amended to read:

21
‑
13
‑
315
.

Costs of court ordered placement of
children
in private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities.

(a)

The department of family services shall establish an account to pay residential and treatment costs excluding educational and medical costs of court ordered placements of children in private residential treatment facilities and group homes located in Wyoming. Programs providing education services including programs for children

with disabilities provided by a board of cooperative educational services, shall bill the department of education directly for educational costs of court ordered placements. In addition, costs of all services provided pursuant to a student
'
s individualized education
plan (IEP)

program
, including special education services, related services and supplementary aids and services for children

with disabilities and costs of education assessment for other children incurred as a result of court order prior to any placement, shall be billed directly to the department of education. The department of family services shall promulgate reasonable rules and regulations to provide procedures for implementing subsection (m) of this section. If the court rejects an in
‑
state placement recommendation of the predisposition report or multidisciplinary team
under W.S. 14
‑
6
‑
227

or 14
‑
6
‑
427
, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition. No court shall order an out
‑
of
‑
state placement unless:

(d)

If a placement of a
child
is to be made and funded under this section, the predisposition study required by W.S. 14
‑
6
‑
227

or 14
‑
6
‑
427
shall include:

(f)

Only group homes and residential treatment facilities certified by the department of family services are eligible to receive funding for residential and treatment services under this section. Costs for education services shall be paid by the department of education under this section only if the educational program of the group home or residential treatment facility or the program provided by the board of cooperative educational services meets the standards of subsection (b) of this section and has been approved by the department. The department of family services and the department of education shall provide the courts with a list of approved facilities and services. The court shall determine the parents
'
or the guardian
'
s contribution to the court ordered placement for all costs excluding necessary education costs based on the parents
'
or guardian
'
s ability to pay as provided by W.S. 14
‑
6
‑
236

or 14
‑
6
‑
435
.

(k)

Except as otherwise provided by law, t
his section applies to children who are at least
six (6)
five (5)

years of age

as of September 15 of the applicable school year
but who are under
eighteen (18)
twenty
‑
one (21)

years of age
.

Section 2
.

This act is effective July 1, 2017
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

Court ordered placements-age restrictions.

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Official Summary Text

Current Bill Text