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