HOUSE BILL 22-1056
BY REPRESENTATIVE(S) Michaelson Jenet and Gonzales-Gutierrez,
Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter,
Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Lontine, McCluskie,
McCormick, Mullica, Sirota, Sullivan, Titone, Valdez A., Woodrow,
Young;
also SENATOR(S) Moreno, Bridges, Buckner, Danielson, Donovan, Fields,
Ginal, Hansen, Jaquez Lewis, Lee, Pettersen, Rodriguez, Story, Winter,
Zenzinger.
C
ONCERNING EMERGENCY TEMPORARY CARE FOR CHILDREN , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-2.5-1407, amend
(1); and add (3) as follows:
19-2.5-1407. Appropriations to department of human services
for services to juveniles - definition - repeal. (1) The general assembly
shall appropriate money for the provision of services to juveniles to the
department of human services. The department of human services shall
allocate such money by each judicial district in the state. The appropriation
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. and allocation must be made based upon the formula developed pursuant to
section 19-2.5-1404 (1)(b) SECTION 19-2.5-1404 (1)(b)(V). The department
of human services shall administer the appropriated money. The money
appropriated to the department of human services for allocation by each
judicial district must be expended in the judicial district by the department
of human services for services to juveniles that are intended to prevent the
juvenile from being held in detention prior to adjudication,
INCLUDING
IMPLEMENTING OPTIONS PROVIDED IN THE SCREENING INSTRUMENT
DESCRIBED IN SECTION
19-2.5-1404; sentenced to detention; or committed
to the department of human services or to reduce the length of time the
juvenile is held in preadjudication or postadjudication detention or held in
a commitment facility operated pursuant to section 19-2.5-1502. If a judicial
district has a local juvenile services planning committee, the expenditure of
money for juvenile services in the judicial district must be made in
accordance with the plan developed pursuant to section 19-2.5-302.
(3) (a) T
HE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE
MONEY TO THE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF
TEMPORARY SHELTER FOR JUVENILES BY JUDICIAL DISTRICTS
. THE GENERAL
ASSEMBLY SHALL APPROPRIATE AN AMOUNT SUFFICIENT TO FUND FIVE
NIGHTS OF CARE FOR EACH JUVENILE WHO
, BASED ON THE RESULTS OF A
SCREENING BY THE JUDICIAL DISTRICT
'S SCREENING TEAM, IS SCREENED TO
TEMPORARY CARE IN A LICENSED TEMPORARY SHELTER FACILITY
.
(b) O
N OR BEFORE NOVEMBER 1, 2022, AND ANNUALLY THEREAFTER,
THE DEPARTMENT SHALL ALLOCATE MONEY TO JUDICIAL DISTRICTS IN
ACCORDANCE WITH THE FORMULA DEVELOPED PURSUANT TO SECTION
19-2.5-1404 (1)(b)(X).
(c) (I) (A) I
N ORDER TO RECEIVE AN ALLOCATION FOR STATE FISCAL
YEAR
2022-23, A JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING
COMMITTEE
, OR THE JUDICIAL DISTRICT IF THE JUDICIAL DISTRICT HAS NOT
ESTABLISHED A JUVENILE SERVICES PLANNING COMMITTEE
, SHALL SUBMIT
A PLAN TO THE DEPARTMENT NO LATER THAN
SEPTEMBER 1, 2022, THAT
DETAILS HOW THE JUDICIAL DISTRICT WILL PROVIDE TEMPORARY SHELTER
IN THE DISTRICT DURING STATE FISCAL YEAR
2022-23. THE PLAN MUST
INCLUDE THAT PLACEMENT IN LICENSED SHELTER CARE IS VOLUNTARY AND
MUST NOT EXCEED FIVE DAYS
.
(B) T
HIS SUBSECTION (3)(c)(I) IS REPEALED, EFFECTIVE JULY 1,
PAGE 2-HOUSE BILL 22-1056 2023.
(II) F
OR STATE FISCAL YEAR 2023-24 AND EACH YEAR THEREAFTER,
IN ORDER TO RECEIVE AN ALLOCATION , A JUVENILE SERVICES PLANNING
COMMITTEE
, OR THE JUDICIAL DISTRICT IF THE JUDICIAL DISTRICT HAS NOT
ESTABLISHED A JUVENILE SERVICES PLANNING COMMITTEE
, SHALL INCLUDE
IN ITS PLAN DEVELOPED PURSUANT TO SECTION
19-2.5-302 A PLAN FOR
PROVIDING TEMPORARY SHELTER IN THE JUDICIAL DISTRICT
. THE PLAN MUST
INCLUDE THAT PLACEMENT IN LICENSED SHELTER CARE IS VOLUNTARY AND
MUST NOT EXCEED FIVE DAYS
.
(d) A
JUDICIAL DISTRICT'S JUVENILE SERVICES PLANNING
COMMITTEE
, OR THE JUDICIAL DISTRICT, MAY USE MONEY ALLOCATED
PURSUANT TO THIS SUBSECTION
(3) FOR:
(I) T
HE COST OF CARE IN A LICENSED TEMPORARY SHELTER ,
INCLUDING ANY TRANSPORTATION COSTS , FOR UP TO FIVE NIGHTS FOR EACH
JUVENILE WHO
, AFTER SCREENING BY THE JUDICIAL DISTRICT'S SCREENING
TEAM
, IS REFERRED TO RECEIVE TEMPORARY CARE IN A LICENSED
TEMPORARY SHELTER FACILITY
;
(II) P
ROVIDING SUPPORT TO A GRANDPARENT , KIN, OR OTHER
SUITABLE PERSON FOR CARE OF A JUVENILE RELEASED TO THE PERSON
'S
CARE WHILE EMERGENCY CIRCUMSTANCES EXIST
, AS DETERMINED BY THE
JUDICIAL DISTRICT
'S JUVENILE SERVICES PLANNING COMMITTEE THAT
PREVENT THE JUVENILE FROM RETURNING HOME
. SUPPORT PROVIDED TO A
GRANDPARENT
, KIN, OR OTHER SUITABLE PERSON MUST BE BASED ON THE
ACTUAL COSTS INCURRED BY THE PERSON FOR CARING FOR THE JUVENILE
.
(III) S
ERVICES FOR AND EVALUATION OF A JUVENILE RECEIVING
TEMPORARY SHELTER
; AND
(IV) ESTABLISHING LICENSED TEMPORARY SHELTER THROUGH
EVALUATION OR RECRUITMENT AND PROVIDING TRAINING NEEDED TO
OPERATE TEMPORARY SHELTER
.
(e) (I) O
N OR BEFORE JANUARY 31, 2024, AND ON OR BEFORE
JANUARY 31 OF EACH YEAR THEREAFTER, THE HOUSE OF REPRESENTATIVES
PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE AND
THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE
, OR THEIR
PAGE 3-HOUSE BILL 22-1056 SUCCESSOR COMMITTEES , SHALL HOLD A JOINT HEARING TO DETERMINE
WHETHER THE RECOMMENDATIONS OF THE WORKING GROUP DESCRIBED IN
SECTION
19-2.5-1404 HAVE BEEN IMPLEMENTED IN A MANNER THAT
WARRANTS THE REPEAL OF THIS SUBSECTION
(3) PRIOR TO ITS SCHEDULED
REPEAL IN
2026. AT THE HEARING THAT OCCURS DURING THE 2026 REGULAR
LEGISLATIVE SESSION
, THE COMMITTEES SHALL CONSIDER WHETHER THIS
SUBSECTION
(3) SHOULD BE CONTINUED.
(II) A
T THE HEARING, THE DEPARTMENT SHALL PRESENT ON ITS MOST
RECENT REPORT ISSUED PURSUANT TO SECTION
19-2.5-1404 (3)(b), THE
COMMITTEES SHALL PERMIT REPRESENTATIVES OF THE WORKING GROUP TO
TESTIFY OR PROVIDE INFORMATION TO THE COMMITTEES
, AND THE
COMMITTEES SHALL TAKE PUBLIC TESTIMONY REGARDING IMPLEMENTATION
OF THE WORKING GROUP
'S RECOMMENDATIONS.
(f) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JUNE 30, 2026.
SECTION 2. In Colorado Revised Statutes, 19-2.5-1404, add
(1)(b)(X) as follows:
19-2.5-1404. Working group for criteria for placement of
juvenile offenders - establishment of formula - review of criteria -
report. (1) (b) The working group shall carry out the following duties:
(X) B
EFORE JULY 1, 2022, TO CREATE A FORMULA FOR THE
ALLOCATION OF MONEY TO JUDICIAL DISTRICTS PURSUANT TO SECTION
19-2.5-1407 (3) FOR THE PROVISION OF TEMPORARY SHELTER FOR
JUVENILES
.
SECTION 3. In Colorado Revised Statutes, add 19-3-403.5 as
follows:
19-3-403.5. Temporary shelter. (1) T
EMPORARY SHELTER IS THE
TEMPORARY CARE OF A CHILD IN A PHYSICALLY UNRESTRICTED SETTING
PENDING A RETURN TO THE CHILD
'S HOME OR PLACEMENT IN AN
APPROPRIATE ALTERNATE SETTING PURS UANT TO APPLICABLE STATE LAW
.
R
ECEIVING TEMPORARY CARE IN TEMPORARY SHELTER IS VOLUNTARY AND
A CHILD MAY LEAVE AT ANY TIME
. A CHILD MAY NOT BE PLACED IN A
LICENSED TEMPORARY SHELTER FACILITY FOR MORE THAN FIVE DAYS
.
PAGE 4-HOUSE BILL 22-1056 (2) A PERSON OR ENTITY PROVIDING TEMPORARY SHELTER MUST
ALLOW FOR PROFESSIONALS TO COMPLETE ASSESSMENTS TO DETERMINE THE
CHILD
'S TREATMENT NEEDS AND ESTABLISH PLANS TO SAFELY TRANSITION
THE CHILD BACK TO THE CARE OF THE CHILD
'S PARENT, GUARDIAN, LEGAL
CUSTODIAN
, OR KIN, OR TO ANOTHER COMMUNITY -BASED FACILITY OR
HOME
, AS INFORMED BY THE RELATIVE INFORMATION FORM DESCRIBED IN
SECTION
19-2.5-1404 (1)(b)(VIII). A CHILD IN TEMPORARY SHELTER MUST
HAVE ACCESS TO ONGOING EDUCATIONAL SERVICES
.
(3) T
HE GENERAL ASSEMBLY STRONGLY ENCOURAGES A JUDICIAL
DISTRICT
'S JUVENILE SERVICES PLANNING COMMITTEE , OR THE JUDICIAL
DISTRICT IF THE JUDICIAL DISTRICT HAS NOT ESTABLISHED A JUVENILE
SERVICES PLANNING COMMITTEE
, TO CONSIDER LESS RESTRICTIVE SETTINGS,
INCLUDING KINSHIP PLACEMENT, FOSTER CARE, RESPITE CARE, AND GROUP
HOMES THAT ARE SMALL
, HOME-LIKE, AND BASED IN THE COMMUNITY OF
THE SHELTERED CHILD
, BEFORE RELYING ON LICENSED TEMPORARY SHELTER
FACILITIES
.
SECTION 4. In Colorado Revised Statutes, 19-1-103, amend (138)
as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(138) "Temporary shelter" means the temporary placement of a
child,
AS DESCRIBED IN SECTION 19-3-403.5, with kin, as defined in
subsection (91) of this section; with an adult with a significant relationship
with the child; or in a licensed and certified twenty-four-hour care facility.
SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
$137,308 is appropriated to the department of human services for use by the
division of youth services. This appropriation is from the general fund. To
implement this act, the division may use this appropriation as follows:
(a) $131,638 for purchase of contract placements related to
community programs; and
(b) $5,670 for program administration related to community
programs.
PAGE 5-HOUSE BILL 22-1056 (2) For the 2022-23 state fiscal year, the general assembly
anticipates that the department of human services will receive $13,019 in
federal funds for use by the division of youth services to implement this act.
The appropriation in subsection (1)(a) of this section is based on the
assumption that the department will receive this amount of federal funds,
which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
SECTION 6. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
PAGE 6-HOUSE BILL 22-1056 Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1056