Colorado 2022 Regular Session

Colorado House Bill HB1056 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0233.03 Conrad Imel x2313
18 HOUSE BILL 22-1056
2-BY REPRESENTATIVE(S) Michaelson Jenet and Gonzales-Gutierrez,
3-Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter,
4-Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Lontine, McCluskie,
5-McCormick, Mullica, Sirota, Sullivan, Titone, Valdez A., Woodrow,
6-Young;
7-also SENATOR(S) Moreno, Bridges, Buckner, Danielson, Donovan, Fields,
8-Ginal, Hansen, Jaquez Lewis, Lee, Pettersen, Rodriguez, Story, Winter,
9-Zenzinger.
9+House Committees Senate Committees
10+Public & Behavioral Health & Human Services Health & Human Services
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1013 C
11-ONCERNING EMERGENCY TEMPORARY CARE FOR CHILDREN , AND, IN
12-CONNECTION THEREWITH
13-, MAKING AN APPROPRIATION.
14-
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, 19-2.5-1407, amend
17-(1); and add (3) as follows:
18-19-2.5-1407. Appropriations to department of human services
19-for services to juveniles - definition - repeal. (1) The general assembly
20-shall appropriate money for the provision of services to juveniles to the
21-department of human services. The department of human services shall
22-allocate such money by each judicial district in the state. The appropriation
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. and allocation must be made based upon the formula developed pursuant to
31-section 19-2.5-1404 (1)(b) SECTION 19-2.5-1404 (1)(b)(V). The department
32-of human services shall administer the appropriated money. The money
33-appropriated to the department of human services for allocation by each
34-judicial district must be expended in the judicial district by the department
35-of human services for services to juveniles that are intended to prevent the
36-juvenile from being held in detention prior to adjudication,
37-INCLUDING
38-IMPLEMENTING OPTIONS PROVIDED IN THE SCREENING INSTRUMENT
39-DESCRIBED IN SECTION
40-19-2.5-1404; sentenced to detention; or committed
41-to the department of human services or to reduce the length of time the
42-juvenile is held in preadjudication or postadjudication detention or held in
43-a commitment facility operated pursuant to section 19-2.5-1502. If a judicial
44-district has a local juvenile services planning committee, the expenditure of
45-money for juvenile services in the judicial district must be made in
46-accordance with the plan developed pursuant to section 19-2.5-302.
47-(3) (a) T
48-HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE
49-MONEY TO THE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF
50-TEMPORARY SHELTER FOR JUVENILES BY JUDICIAL DISTRICTS
51-. THE GENERAL
52-ASSEMBLY SHALL APPROPRIATE AN AMOUNT SUFFICIENT TO FUND FIVE
53-NIGHTS OF CARE FOR EACH JUVENILE WHO
54-, BASED ON THE RESULTS OF A
55-SCREENING BY THE JUDICIAL DISTRICT
56-'S SCREENING TEAM, IS SCREENED TO
57-TEMPORARY CARE IN A LICENSED TEMPORARY SHELTER FACILITY
58-.
59-(b) O
60-N OR BEFORE NOVEMBER 1, 2022, AND ANNUALLY THEREAFTER,
61-THE DEPARTMENT SHALL ALLOCATE MONEY TO JUDICIAL DISTRICTS IN
62-ACCORDANCE WITH THE FORMULA DEVELOPED PURSUANT TO SECTION
63-19-2.5-1404 (1)(b)(X).
64-(c) (I) (A) I
65-N ORDER TO RECEIVE AN ALLOCATION FOR STATE FISCAL
66-YEAR
67-2022-23, A JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING
68-COMMITTEE
69-, OR THE JUDICIAL DISTRICT IF THE JUDICIAL DISTRICT HAS NOT
70-ESTABLISHED A JUVENILE SERVICES PLANNING COMMITTEE
71-, SHALL SUBMIT
72-A PLAN TO THE DEPARTMENT NO LATER THAN
73-SEPTEMBER 1, 2022, THAT
74-DETAILS HOW THE JUDICIAL DISTRICT WILL PROVIDE TEMPORARY SHELTER
75-IN THE DISTRICT DURING STATE FISCAL YEAR
76-2022-23. THE PLAN MUST
77-INCLUDE THAT PLACEMENT IN LICENSED SHELTER CARE IS VOLUNTARY AND
78-MUST NOT EXCEED FIVE DAYS
79-.
80-(B) T
81-HIS SUBSECTION (3)(c)(I) IS REPEALED, EFFECTIVE JULY 1,
82-PAGE 2-HOUSE BILL 22-1056 2023.
83-(II) F
84-OR STATE FISCAL YEAR 2023-24 AND EACH YEAR THEREAFTER,
85-IN ORDER TO RECEIVE AN ALLOCATION , A JUVENILE SERVICES PLANNING
86-COMMITTEE
87-, OR THE JUDICIAL DISTRICT IF THE JUDICIAL DISTRICT HAS NOT
88-ESTABLISHED A JUVENILE SERVICES PLANNING COMMITTEE
89-, SHALL INCLUDE
90-IN ITS PLAN DEVELOPED PURSUANT TO SECTION
91-19-2.5-302 A PLAN FOR
92-PROVIDING TEMPORARY SHELTER IN THE JUDICIAL DISTRICT
93-. THE PLAN MUST
94-INCLUDE THAT PLACEMENT IN LICENSED SHELTER CARE IS VOLUNTARY AND
95-MUST NOT EXCEED FIVE DAYS
96-.
97-(d) A
98- JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING
99-COMMITTEE
100-, OR THE JUDICIAL DISTRICT, MAY USE MONEY ALLOCATED
101-PURSUANT TO THIS SUBSECTION
102-(3) FOR:
103-(I) T
104-HE COST OF CARE IN A LICENSED TEMPORARY SHELTER ,
105-INCLUDING ANY TRANSPORTATION COSTS , FOR UP TO FIVE NIGHTS FOR EACH
106-JUVENILE WHO
107-, AFTER SCREENING BY THE JUDICIAL DISTRICT'S SCREENING
108-TEAM
109-, IS REFERRED TO RECEIVE TEMPORARY CARE IN A LICENSED
110-TEMPORARY SHELTER FACILITY
111-;
112-(II) P
113-ROVIDING SUPPORT TO A GRANDPARENT , KIN, OR OTHER
114-SUITABLE PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON
115-'S
116-CARE WHILE EMERGENCY CIRCUMSTANCES EXIST
117-, AS DETERMINED BY THE
118-JUDICIAL DISTRICT
119-'S JUVENILE SERVICES PLANNING COMMITTEE THAT
120-PREVENT THE JUVENILE FROM RETURNING HOME
121-. SUPPORT PROVIDED TO A
122-GRANDPARENT
123-, KIN, OR OTHER SUITABLE PERSON MUST BE BASED ON THE
124-ACTUAL COSTS INCURRED BY THE PERSON FOR CARING FOR THE JUVENILE
125-.
126-(III) S
127-ERVICES FOR AND EVALUATION OF A JUVENILE RECEIVING
128-TEMPORARY SHELTER
129-; AND
130-(IV) ESTABLISHING LICENSED TEMPORARY SHELTER THROUGH
131-EVALUATION OR RECRUITMENT AND PROVIDING TRAINING NEEDED TO
132-OPERATE TEMPORARY SHELTER
133-.
134-(e) (I) O
135-N OR BEFORE JANUARY 31, 2024, AND ON OR BEFORE
136-JANUARY 31 OF EACH YEAR THEREAFTER, THE HOUSE OF REPRESENTATIVES
137-PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE AND
138-THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE
139-, OR THEIR
140-PAGE 3-HOUSE BILL 22-1056 SUCCESSOR COMMITTEES , SHALL HOLD A JOINT HEARING TO DETERMINE
141-WHETHER THE RECOMMENDATIONS OF THE WORKING GROUP DESCRIBED IN
142-SECTION
143-19-2.5-1404 HAVE BEEN IMPLEMENTED IN A MANNER THAT
144-WARRANTS THE REPEAL OF THIS SUBSECTION
145-(3) PRIOR TO ITS SCHEDULED
146-REPEAL IN
147-2026. AT THE HEARING THAT OCCURS DURING THE 2026 REGULAR
148-LEGISLATIVE SESSION
149-, THE COMMITTEES SHALL CONSIDER WHETHER THIS
150-SUBSECTION
151-(3) SHOULD BE CONTINUED.
152-(II) A
153-T THE HEARING, THE DEPARTMENT SHALL PRESENT ON ITS MOST
154-RECENT REPORT ISSUED PURSUANT TO SECTION
155-19-2.5-1404 (3)(b), THE
156-COMMITTEES SHALL PERMIT REPRESENTATIVES OF THE WORKING GROUP TO
157-TESTIFY OR PROVIDE INFORMATION TO THE COMMITTEES
158-, AND THE
159-COMMITTEES SHALL TAKE PUBLIC TESTIMONY REGARDING IMPLEMENTATION
160-OF THE WORKING GROUP
161-'S RECOMMENDATIONS.
162-(f) T
163-HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JUNE 30, 2026.
164-SECTION 2. In Colorado Revised Statutes, 19-2.5-1404, add
165-(1)(b)(X) as follows:
166-19-2.5-1404. Working group for criteria for placement of
167-juvenile offenders - establishment of formula - review of criteria -
168-report. (1) (b) The working group shall carry out the following duties:
169-(X) B
170-EFORE JULY 1, 2022, TO CREATE A FORMULA FOR THE
171-ALLOCATION OF MONEY TO JUDICIAL DISTRICTS PURSUANT TO SECTION
172-19-2.5-1407 (3) FOR THE PROVISION OF TEMPORARY SHELTER FOR
173-JUVENILES
174-.
175-SECTION 3. In Colorado Revised Statutes, add 19-3-403.5 as
176-follows:
177-19-3-403.5. Temporary shelter. (1) T
178-EMPORARY SHELTER IS THE
179-TEMPORARY CARE OF A CHILD IN A PHYSICALLY UNRESTRICTED SETTING
180-PENDING A RETURN TO THE CHILD
181-'S HOME OR PLACEMENT IN AN
182-APPROPRIATE ALTERNATE SETTING PURS UANT TO APPLICABLE STATE LAW
183-.
184-R
185-ECEIVING TEMPORARY CARE IN TEMPORARY SHELTER IS VOLUNTARY AND
186-A CHILD MAY LEAVE AT ANY TIME
187-. A CHILD MAY NOT BE PLACED IN A
188-LICENSED TEMPORARY SHELTER FACILITY FOR MORE THAN FIVE DAYS
189-.
190-PAGE 4-HOUSE BILL 22-1056 (2) A PERSON OR ENTITY PROVIDING TEMPORARY SHELTER MUST
191-ALLOW FOR PROFESSIONALS TO COMPLETE ASSESSMENTS TO DETERMINE THE
192-CHILD
193-'S TREATMENT NEEDS AND ESTABLISH PLANS TO SAFELY TRANSITION
194-THE CHILD BACK TO THE CARE OF THE CHILD
195-'S PARENT, GUARDIAN, LEGAL
196-CUSTODIAN
197-, OR KIN, OR TO ANOTHER COMMUNITY -BASED FACILITY OR
198-HOME
199-, AS INFORMED BY THE RELATIVE INFORMATION FORM DESCRIBED IN
200-SECTION
201-19-2.5-1404 (1)(b)(VIII). A CHILD IN TEMPORARY SHELTER MUST
202-HAVE ACCESS TO ONGOING EDUCATIONAL SERVICES
203-.
204-(3) T
205-HE GENERAL ASSEMBLY STRONGLY ENCOURAGES A JUDICIAL
206-DISTRICT
207-'S JUVENILE SERVICES PLANNING COMMITTEE , OR THE JUDICIAL
208-DISTRICT IF THE JUDICIAL DISTRICT HAS NOT ESTABLISHED A JUVENILE
209-SERVICES PLANNING COMMITTEE
210-, TO CONSIDER LESS RESTRICTIVE SETTINGS,
211-INCLUDING KINSHIP PLACEMENT, FOSTER CARE, RESPITE CARE, AND GROUP
212-HOMES THAT ARE SMALL
213-, HOME-LIKE, AND BASED IN THE COMMUNITY OF
214-THE SHELTERED CHILD
215-, BEFORE RELYING ON LICENSED TEMPORARY SHELTER
216-FACILITIES
217-.
218-SECTION 4. In Colorado Revised Statutes, 19-1-103, amend (138)
219-as follows:
220-19-1-103. Definitions. As used in this title 19 or in the specified
221-portion of this title 19, unless the context otherwise requires:
222-(138) "Temporary shelter" means the temporary placement of a
223-child,
224-AS DESCRIBED IN SECTION 19-3-403.5, with kin, as defined in
225-subsection (91) of this section; with an adult with a significant relationship
226-with the child; or in a licensed and certified twenty-four-hour care facility.
227-SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
228-$137,308 is appropriated to the department of human services for use by the
229-division of youth services. This appropriation is from the general fund. To
230-implement this act, the division may use this appropriation as follows:
231-(a) $131,638 for purchase of contract placements related to
232-community programs; and
233-(b) $5,670 for program administration related to community
234-programs.
235-PAGE 5-HOUSE BILL 22-1056 (2) For the 2022-23 state fiscal year, the general assembly
236-anticipates that the department of human services will receive $13,019 in
237-federal funds for use by the division of youth services to implement this act.
238-The appropriation in subsection (1)(a) of this section is based on the
239-assumption that the department will receive this amount of federal funds,
240-which is subject to the "(I)" notation as defined in the annual general
241-appropriation act for the same fiscal year.
242-SECTION 6. Safety clause. The general assembly hereby finds,
243-determines, and declares that this act is necessary for the immediate
244-preservation of the public peace, health, or safety.
245-____________________________ ____________________________
246-Alec Garnett Steve Fenberg
247-SPEAKER OF THE HOUSE PRESIDENT OF
248-OF REPRESENTATIVES THE SENATE
249-____________________________ ____________________________
250-Robin Jones Cindi L. Markwell
251-CHIEF CLERK OF THE HOUSE SECRETARY OF
252-OF REPRESENTATIVES THE SENATE
253- APPROVED________________________________________
254- (Date and Time)
255- _________________________________________
256-PAGE 6-HOUSE BILL 22-1056 Jared S. Polis
257- GOVERNOR OF THE STATE OF COLORADO
258-PAGE 7-HOUSE BILL 22-1056
14+ONCERNING EMERGENCY TEMPORARY CARE FOR
15+CHILDREN, AND, IN101
16+CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The bill permits county departments of human or social services
25+(county departments) to enter into an agreement with one or more
26+facilities to provide emergency temporary shelter to children who are
27+neglected and dependent, who are taken into temporary custody, or who
28+have had contact with law enforcement and are unable to return home.
29+"Emergency temporary shelter" is described in the bill as the temporary
30+SENATE
31+3rd Reading Unamended
32+May 5, 2022
33+SENATE
34+2nd Reading Unamended
35+May 4, 2022
36+HOUSE
37+3rd Reading Unamended
38+April 22, 2022
39+HOUSE
40+Amended 2nd Reading
41+April 21, 2022
42+HOUSE SPONSORSHIP
43+Michaelson Jenet and Gonzales-Gutierrez, Amabile, Bacon, Benavidez, Bernett, Bird,
44+Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Lontine,
45+McCluskie, McCormick, Mullica, Sirota, Sullivan, Titone, Valdez A., Woodrow, Young
46+SENATE SPONSORSHIP
47+Moreno, Bridges, Buckner, Danielson, Donovan, Fields, Ginal, Hansen, Jaquez Lewis, Lee,
48+Pettersen, Rodriguez, Story, Winter, Zenzinger
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
51+Dashes through the words indicate deletions from existing statute. care of a child in a physically unrestricted setting for no more than 5 days,
52+pending a return to the child's home or placement in an alternate setting.
53+Receiving temporary care in emergency temporary shelter is voluntary,
54+and a child may leave emergency temporary shelter at any time.
55+A county department may contract with any of the following
56+facilities to provide emergency temporary shelter in the county: Group
57+care facilities and homes or a foster care home, homeless youth shelter,
58+residential child care facility, respite child care center, specialized group
59+facility, or any other licensed or certified 24-hour nonsecure care and
60+treatment facility away from the child's parent or guardian. A county can
61+enter into agreements with more than one facility, and 2 or more counties
62+may jointly enter into an agreement with a facility.
63+The bill requires the general assembly to appropriate money to the
64+state department of human services (state department) for emergency
65+temporary shelter services. The state department allocates the money to
66+a county after approving the county's emergency temporary shelter plan.
67+Be it enacted by the General Assembly of the State of Colorado:1
68+SECTION 1. In Colorado Revised Statutes, 19-2.5-1407, amend2
69+(1); and add (3) as follows:3
70+19-2.5-1407. Appropriations to department of human services4
71+for services to juveniles - definition - repeal. (1) The general assembly5
72+shall appropriate money for the provision of services to juveniles to the6
73+department of human services. The department of human services shall7
74+allocate such money by each judicial district in the state. The8
75+appropriation and allocation must be made based upon the formula9
76+developed pursuant to section 19-2.5-1404 (1)(b) SECTION 19-2.5-140410
77+(1)(b)(V). The department of human services shall administer the11
78+appropriated money. The money appropriated to the department of human12
79+services for allocation by each judicial district must be expended in the13
80+judicial district by the department of human services for services to14
81+juveniles that are intended to prevent the juvenile from being held in15
82+detention prior to adjudication, INCLUDING IMPLEMENTING OPTIONS16
83+1056-2- PROVIDED IN THE SCREENING INSTRUMENT DESCRIBED IN SECTION1
84+19-2.5-1404; sentenced to detention; or committed to the department of2
85+human services or to reduce the length of time the juvenile is held in3
86+preadjudication or postadjudication detention or held in a commitment4
87+facility operated pursuant to section 19-2.5-1502. If a judicial district has5
88+a local juvenile services planning committee, the expenditure of money6
89+for juvenile services in the judicial district must be made in accordance7
90+with the plan developed pursuant to section 19-2.5-302.8
91+(3) (a) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE9
92+MONEY TO THE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF10
93+TEMPORARY SHELTER FOR JUVENILES BY JUDICIAL DISTRICTS . THE11
94+GENERAL ASSEMBLY SHALL APPROPRIATE AN AMOUNT SUFFICIENT TO12
95+FUND FIVE NIGHTS OF CARE FOR EACH JUVENILE WHO, BASED ON THE13
96+RESULTS OF A SCREENING BY THE JUDICIAL DISTRICT'S SCREENING TEAM,14
97+IS SCREENED TO TEMPORARY CARE IN A LICENSED TEMPORARY SHELTER15
98+FACILITY.16
99+(b) ON OR BEFORE NOVEMBER 1, 2022, AND ANNUALLY17
100+THEREAFTER, THE DEPARTMENT SHALL ALLOCATE MONEY TO JUDICIAL18
101+DISTRICTS IN ACCORDANCE WITH THE FORMULA DEVELOPED PURS UANT TO19
102+SECTION 19-2.5-1404 (1)(b)(X).20
103+(c) (I) (A) IN ORDER TO RECEIVE AN ALLOCATION FOR STATE21
104+FISCAL YEAR 2022-23, A JUDICIAL DISTRICT'S JUVENILE SERVICES22
105+PLANNING COMMITTEE, OR THE JUDICIAL DISTRICT IF THE JUDICIAL23
106+DISTRICT HAS NOT ESTABLISHED A JUVENILE SERVICES PLANNING24
107+COMMITTEE, SHALL SUBMIT A PLAN TO THE DEPARTMENT NO LATER THAN25
108+SEPTEMBER 1, 2022, THAT DETAILS HOW THE JUDICIAL DISTRICT WILL26
109+PROVIDE TEMPORARY SHELTER IN THE DISTRICT DURING STATE FISCAL27
110+1056
111+-3- YEAR 2022-23. THE PLAN MUST INCLUDE THAT PLACEMENT IN LICENSED1
112+SHELTER CARE IS VOLUNTARY AND MUST NOT EXCEED FIVE DAYS .2
113+(B) THIS SUBSECTION (3)(c)(I) IS REPEALED, EFFECTIVE JULY 1,3
114+2023.4
115+(II) FOR STATE FISCAL YEAR 2023-24 AND EACH YEAR5
116+THEREAFTER, IN ORDER TO RECEIVE AN ALLOCATION, A JUVENILE SERVICES6
117+PLANNING COMMITTEE, OR THE JUDICIAL DISTRICT IF THE JUDICIAL7
118+DISTRICT HAS NOT ESTABLISHED A JUVENILE SERVICES PLANNING8
119+COMMITTEE, SHALL INCLUDE IN ITS PLAN DEVELOPED PURSUANT TO9
120+SECTION 19-2.5-302 A PLAN FOR PROVIDING TEMPORARY SHELTER IN THE10
121+JUDICIAL DISTRICT. THE PLAN MUST INCLUDE THAT PLACEMENT IN11
122+LICENSED SHELTER CARE IS VOLUNTARY AND MUST NOT EXCEED FIVE12
123+DAYS.13
124+(d) A JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING14
125+COMMITTEE, OR THE JUDICIAL DISTRICT, MAY USE MONEY ALLOCATED15
126+PURSUANT TO THIS SUBSECTION (3) FOR:16
127+(I) THE COST OF CARE IN A LICENSED TEMPORARY SHELTER ,17
128+INCLUDING ANY TRANSPORTATION COSTS , FOR UP TO FIVE NIGHTS FOR18
129+EACH JUVENILE WHO, AFTER SCREENING BY THE JUDICIAL DISTRICT 'S19
130+SCREENING TEAM, IS REFERRED TO RECEIVE TEMPORARY CARE IN A20
131+LICENSED TEMPORARY SHELTER FACILITY ;21
132+(II) PROVIDING SUPPORT TO A GRANDPARENT, KIN, OR OTHER22
133+SUITABLE PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON 'S23
134+CARE WHILE EMERGENCY CIRCUMSTANCES EXIST, AS DETERMINED BY THE24
135+JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING COMMITTEE THAT25
136+PREVENT THE JUVENILE FROM RETURNING HOME . SUPPORT PROVIDED TO26
137+A GRANDPARENT, KIN, OR OTHER SUITABLE PERSON MUST BE BASED ON27
138+1056
139+-4- THE ACTUAL COSTS INCURRED BY THE PERSON FOR CARING FOR THE1
140+JUVENILE.2
141+(III) SERVICES FOR AND EVALUATION OF A JUVENILE RECEIVING3
142+TEMPORARY SHELTER; AND4
143+(IV) ESTABLISHING LICENSED TEMPORARY SHELTER THROUGH5
144+EVALUATION OR RECRUITMENT AND PROVIDING TRAINING NEEDED TO6
145+OPERATE TEMPORARY SHELTER .7
146+(e) (I) ON OR BEFORE JANUARY 31, 2024, AND ON OR BEFORE8
147+JANUARY 31 OF EACH YEAR THEREAFTER , THE HOUSE OF9
148+REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN10
149+SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES11
150+COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, SHALL HOLD A JOINT12
151+HEARING TO DETERMINE WHETHER THE RECOMMENDATIONS OF THE13
152+WORKING GROUP DESCRIBED IN SECTION 19-2.5-1404 HAVE BEEN14
153+IMPLEMENTED IN A MANNER THAT WARRANTS THE REPEAL OF THIS15
154+SUBSECTION (3) PRIOR TO ITS SCHEDULED REPEAL IN 2026. AT THE16
155+HEARING THAT OCCURS DURING THE 2026 REGULAR LEGISLATIVE SESSION,17
156+THE COMMITTEES SHALL CONSIDER WHETHER THIS SUBSECTION (3)18
157+SHOULD BE CONTINUED.19
158+(II) AT THE HEARING, THE DEPARTMENT SHALL PRESENT ON ITS20
159+MOST RECENT REPORT ISSUED PURSUANT TO SECTION 19-2.5-1404 (3)(b),21
160+THE COMMITTEES SHALL PERMIT REPRESENTATIVES OF THE WORKING22
161+GROUP TO TESTIFY OR PROVIDE INFORMATION TO THE COMMITTEES, AND23
162+THE COMMITTEES SHALL TAKE PUBLIC TESTIMONY REGARDING24
163+IMPLEMENTATION OF THE WORKING GROUP 'S RECOMMENDATIONS.25
164+(f) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JUNE 30, 2026.26
165+SECTION 2. In Colorado Revised Statutes, 19-2.5-1404, add27
166+1056
167+-5- (1)(b)(X) as follows:1
168+19-2.5-1404. Working group for criteria for placement of2
169+juvenile offenders - establishment of formula - review of criteria -3
170+report. (1) (b) The working group shall carry out the following duties:4
171+(X) BEFORE JULY 1, 2022, TO CREATE A FORMULA FOR THE5
172+ALLOCATION OF MONEY TO JUDICIAL DISTRICTS PURSUANT TO SECTION6
173+19-2.5-1407 (3) FOR THE PROVISION OF TEMPORARY SHELTER FOR7
174+JUVENILES.8
175+SECTION 3. In Colorado Revised Statutes, add 19-3-403.5 as9
176+follows:10
177+19-3-403.5. Temporary shelter. (1) TEMPORARY SHELTER IS THE11
178+TEMPORARY CARE OF A CHILD IN A PHYSICALLY UNRESTRICTED SETTING12
179+PENDING A RETURN TO THE CHILD 'S HOME OR PLACEMENT IN AN13
180+APPROPRIATE ALTERNATE SETTING PURSUANT TO APPLICABLE STATE LAW.14
181+RECEIVING TEMPORARY CARE IN TEMPORARY SHELTER IS VOLUNTARY AND15
182+A CHILD MAY LEAVE AT ANY TIME. A CHILD MAY NOT BE PLACED IN A16
183+LICENSED TEMPORARY SHELTER FACILITY FOR MORE THAN FIVE DAYS .17
184+(2) A PERSON OR ENTITY PROVIDING TEMPORARY SHELTER MUST18
185+ALLOW FOR PROFESSIONALS TO COMPLETE ASSESSMENTS TO DETERMINE19
186+THE CHILD'S TREATMENT NEEDS AND ESTABLISH PLANS TO SAFELY20
187+TRANSITION THE CHILD BACK TO THE CARE OF THE CHILD'S PARENT,21
188+GUARDIAN, LEGAL CUSTODIAN , OR KIN, OR TO ANOTHER22
189+COMMUNITY-BASED FACILITY OR HOME, AS INFORMED BY THE RELATIVE23
190+INFORMATION FORM DESCRIBED IN SECTION 19-2.5-1404 (1)(b)(VIII). A24
191+CHILD IN TEMPORARY SHELTER MUST HAVE ACCESS TO ONGOING25
192+EDUCATIONAL SERVICES.26
193+(3) THE GENERAL ASSEMBLY STRONGLY ENCOURAGES A JUDICIAL27
194+1056
195+-6- DISTRICT'S JUVENILE SERVICES PLANNING COMMITTEE, OR THE JUDICIAL1
196+DISTRICT IF THE JUDICIAL DISTRICT HAS NOT ESTABLISHED A JUVENILE2
197+SERVICES PLANNING COMMITTEE, TO CONSIDER LESS RESTRICTIVE3
198+SETTINGS, INCLUDING KINSHIP PLACEMENT, FOSTER CARE, RESPITE CARE,4
199+AND GROUP HOMES THAT ARE SMALL, HOME-LIKE, AND BASED IN THE5
200+COMMUNITY OF THE SHELTERED CHILD, BEFORE RELYING ON LICENSED6
201+TEMPORARY SHELTER FACILITIES.7
202+SECTION 4. In Colorado Revised Statutes, 19-1-103, amend8
203+(138) as follows:9
204+19-1-103. Definitions. As used in this title 19 or in the specified10
205+portion of this title 19, unless the context otherwise requires:11
206+(138) "Temporary shelter" means the temporary placement of a12
207+child, AS DESCRIBED IN SECTION 19-3-403.5, with kin, as defined in13
208+subsection (91) of this section; with an adult with a significant14
209+relationship with the child; or in a licensed and certified twenty-four-hour15
210+care facility.16
211+SECTION 5. Appropriation. (1) For the 2022-23 state fiscal17
212+year, $137,308 is appropriated to the department of human services for18
213+use by the division of youth services. This appropriation is from the19
214+general fund. To implement this act, the division may use this20
215+appropriation as follows:21
216+(a) $131,638 for purchase of contract placements related to22
217+community programs; and23
218+(b) $5,670 from for program administration related to community24
219+programs. 25
220+(2) For the 2022-23 state fiscal year, the general assembly26
221+anticipates that the department of human services will receive $13,019 in27
222+1056
223+-7- federal funds for use by the division of youth services to implement this1
224+act. The appropriation in subsection (1)(a) of this section is based on the2
225+assumption that the department will receive this amount of federal funds,3
226+which is subject to the "(I)" notation as defined in the annual general4
227+appropriation act for the same fiscal year.5
228+SECTION 6. Safety clause. The general assembly hereby finds,6
229+determines, and declares that this act is necessary for the immediate7
230+preservation of the public peace, health, or safety.8
231+1056
232+-8-