8 | | - | ONCERNING ENHANCING MANDATORY REPORTING FOR PEOPLE REQUIRED |
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9 | | - | TO REPORT CHILD ABUSE |
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10 | | - | , AND, IN CONNECTION THEREWITH, MAKING |
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11 | | - | AN APPROPRIATION |
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12 | | - | . |
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13 | | - | |
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14 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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15 | | - | SECTION 1. In Colorado Revised Statutes, amend 19-3-302 as |
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16 | | - | follows: |
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17 | | - | 19-3-302. Legislative declaration. (1) The general assembly |
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18 | | - | declares that the complete reporting of child abuse is a matter of public |
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19 | | - | concern and that, in enacting this part 3, it is the intent of the general |
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20 | | - | assembly to protect the best interests of children of this state and to offer |
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21 | | - | protective services in order to prevent any further harm to a child suffering |
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22 | | - | from abuse. It is also the intent of the general assembly that if a county or |
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23 | | - | group of counties decides to establish a child protection team, that the child |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. protection teams publicly discuss public agencies' responses to child abuse |
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32 | | - | and neglect reports so that the public and the general assembly are better |
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33 | | - | informed concerning the operation and administration of this part 3. |
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34 | | - | (2) (a) T |
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35 | | - | HE GENERAL ASSEMBLY FURTHER DECLARES THAT |
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36 | | - | REQUIRING PEOPLE TO REPORT KNOWN OR SUSPECTED CHILD ABUSE OR |
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37 | | - | NEGLECT PURSUANT TO THIS PART |
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38 | | - | 3 IMPACTS THE PEOPLE REPORTING AS |
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39 | | - | WELL AS CHILDREN AND FAMILIES |
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40 | | - | . AS A RESULT OF IMPLICIT BIAS , |
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41 | | - | UNDER-RESOURCED COMMUNITIES , COMMUNITIES OF COLOR, AND PERSONS |
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42 | | - | WITH DISABILITIES ARE DISPROPORTIONATELY IMPACTED BY THE |
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43 | | - | MANDATORY REPORTING SYSTEM |
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44 | | - | . TO CREATE A MORE EQUITABLE |
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45 | | - | MANDATORY REPORTING SYSTEM |
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46 | | - | , PEOPLE REQUIRED TO REPORT CHILD |
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47 | | - | ABUSE OR NEGLECT MUST HAVE ACCESS TO NECESSARY RESOURCES TO |
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48 | | - | REPORT CHILD ABUSE OR NEGLECT |
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49 | | - | , INCLUDING BUT NOT LIMITED TO: |
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50 | | - | (I) S |
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51 | | - | PECIALIZED TRAINING TO ADDRESS AND DECREASE THE |
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52 | | - | DISPROPORTIONATE IMPACT ON UNDER |
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53 | | - | -RESOURCED COMMUNITIES , |
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54 | | - | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES; |
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55 | | - | (II) S |
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56 | | - | TANDARDIZED TRAINING AND MATERIALS ; AND |
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57 | | - | (III) INFORMATION REGARDING OBLIGATIONS AND PROTECTIONS |
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58 | | - | PURSUANT TO THE LAW |
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59 | | - | . |
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60 | | - | (b) A |
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61 | | - | DDITIONALLY, THROUGH THE CREATION OF A MANDATORY |
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62 | | - | REPORTER TASK FORCE IN THIS PART |
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63 | | - | 3, DIVERSE REPRESENTATIVES FROM |
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64 | | - | STATEWIDE ORGANIZATIONS SERVING FAMILIES AND YOUTH SHALL ANALYZE |
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65 | | - | BEST PRACTICES AND MAY RECOMMEND CHANGES TO TRAINING MATERIALS |
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66 | | - | AND REPORTING PROCEDURES |
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67 | | - | . |
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68 | | - | SECTION 2. In Colorado Revised Statutes, add 19-3-304.2 as |
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69 | | - | follows: |
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70 | | - | 19-3-304.2. Mandatory reporter task force - creation - reporting |
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71 | | - | - definitions - repeal. (1) A |
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72 | | - | S USED IN THIS SECTION, UNLESS THE CONTEXT |
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73 | | - | OTHERWISE REQUIRES |
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74 | | - | : |
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75 | | - | (a) "I |
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76 | | - | MPLICIT BIAS" MEANS A BIAS OR PREJUDICE THAT IS PRESENT |
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77 | | - | TOWARD AN INDIVIDUAL OR A GROUP OF PEOPLE WITHOUT CONSCIOUS |
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78 | | - | KNOWLEDGE |
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79 | | - | . |
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80 | | - | PAGE 2-HOUSE BILL 22-1240 (b) "MANDATORY REPORTER" MEANS A PERSON WHO IS REQUIRED TO |
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81 | | - | REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION |
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82 | | - | 19-3-304. |
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83 | | - | (c) "M |
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84 | | - | EDICAL CHILD ABUSE" MEANS WHEN A CHILD RECEIVES |
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85 | | - | UNNECESSARY AND HARMFUL OR POTENTIALLY HARMFUL MEDICAL CARE |
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86 | | - | DUE TO A CAREGIVER |
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87 | | - | 'S OVERT ACTIONS, INCLUDING EXAGGERATING THE |
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88 | | - | CHILD |
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89 | | - | 'S MEDICAL SYMPTOMS, LYING ABOUT THE CHILD'S MEDICAL HISTORY |
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90 | | - | OR FABRICATING THE CHILD |
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91 | | - | 'S MEDICAL HISTORY, OR INTENTIONALLY |
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92 | | - | INDUCING ILLNESS IN THE CHILD |
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93 | | - | . |
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94 | | - | (2) T |
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95 | | - | HERE IS CREATED IN THE OFFICE OF THE CHILD PROTECTION |
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96 | | - | OMBUDSMAN |
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97 | | - | , ESTABLISHED PURSUANT TO SECTION 19-3.3-102, THE |
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98 | | - | MANDATORY REPORTER TASK FORCE |
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99 | | - | , REFERRED TO IN THIS SECTION AS THE |
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100 | | - | "TASK FORCE". THE PURPOSE OF THE TASK FORCE IS TO ANALYZE BEST |
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101 | | - | PRACTICES AND RECOMMEND CHANGES TO TRAINING REQUIREMENTS AND |
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102 | | - | REPORTING PROCEDURES |
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103 | | - | . THE TASK FORCE SHALL ANALYZE THE |
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104 | | - | EFFECTIVENESS OF MANDATORY REPORTING AND ITS RELATIONSHIP WITH |
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105 | | - | SYSTEMIC ISSUES |
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106 | | - | , INCLUDING THE DISPROPORTIONATE IMPACT OF |
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107 | | - | MANDATORY REPORTING ON UNDER |
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108 | | - | -RESOURCED COMMUNITIES , |
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109 | | - | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES. THE TASK FORCE |
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110 | | - | SHALL FOCUS ON SERVING UNDER |
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111 | | - | -RESOURCED COMMUNITIES , COMMUNITIES |
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112 | | - | OF COLOR |
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113 | | - | , AND PERSONS WITH DISABILITIES WHO ARE DISPROPORTIONATELY |
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114 | | - | IMPACTED BY THE MANDATORY REPORTING SYSTEM |
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115 | | - | . THE TASK FORCE MAY |
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116 | | - | PROPOSE CLARIFICATIONS TO THE LAW TO HELP IMPLEMENT ITS |
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117 | | - | RECOMMENDATIONS |
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118 | | - | . THE TASK FORCE MAY MAKE FINDINGS AND |
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119 | | - | RECOMMENDATIONS TO THE GENERAL ASSEMBLY |
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120 | | - | , THE GOVERNOR, AND THE |
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121 | | - | STATE DEPARTMENT ON ADMINISTRATIVE AND LEGISLATIVE C HANGES TO |
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122 | | - | UPDATE MANDATORY REPORTER TRAINING REQUIREMENTS AND REPORTING |
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123 | | - | PROCEDURES FOR REPORTING CHILD ABUSE OR NEGLECT AND TO CREATE AN |
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124 | | - | EQUITABLE MANDATORY REPORTING SYSTEM FOR ALL |
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125 | | - | COLORADO FAMILIES |
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126 | | - | AND CHILDREN |
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127 | | - | , INCLUDING HOW TO DETERMINE THE EFFECTIVENESS OF |
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128 | | - | MANDATORY REPORTING AND MITIGATE THE IMPACT OF MANDATORY |
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129 | | - | REPORTING ON UNDER |
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130 | | - | -RESOURCED COMMUNITIES , COMMUNITIES OF COLOR, |
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131 | | - | AND PERSONS WITH DISABILITIES. |
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132 | | - | (3) (a) T |
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133 | | - | HE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS : |
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134 | | - | (I) T |
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135 | | - | HE CHILD PROTECTION OMBUDSMAN , AS DESCRIBED IN SECTION |
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136 | | - | 19-3.3-102, OR THE CHILD PROTECTION OMBUDSMAN 'S DESIGNEE; |
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137 | | - | PAGE 3-HOUSE BILL 22-1240 (II) ONE MEMBER REPRESENTING THE STATE DEPARTMENT TO BE |
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138 | | - | APPOINTED BY THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT |
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139 | | - | , OR |
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140 | | - | THE EXECUTIVE DIRECTOR |
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141 | | - | 'S DESIGNEE; |
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142 | | - | (III) O |
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143 | | - | NE MEMBER REPRESENTING THE DEPARTMENT OF PUBLIC |
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144 | | - | SAFETY TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT |
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145 | | - | OF PUBLIC SAFETY |
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146 | | - | , OR THE EXECUTIVE DIRECTOR'S DESIGNEE; |
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147 | | - | (IV) O |
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148 | | - | NE MEMBER REPRESENTING THE DEPARTMENT OF |
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149 | | - | REGULATORY AGENCIES TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF |
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150 | | - | THE DEPARTMENT OF REGULATORY AGENCIES |
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151 | | - | , OR THE EXECUTIVE |
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152 | | - | DIRECTOR |
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153 | | - | 'S DESIGNEE; |
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154 | | - | (V) O |
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155 | | - | NE MEMBER REPRESENTING THE DEPARTMENT OF EDUCATION |
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156 | | - | TO BE APPOINTED BY THE COMMISSIONER OF EDUCATION OF THE |
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157 | | - | DEPARTMENT OF EDUCATION |
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158 | | - | , OR THE COMMISSIONER OF EDUCATION 'S |
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159 | | - | DESIGNEE |
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160 | | - | ; AND |
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161 | | - | (VI) THE FOLLOWING MEMBERS , WHO SHALL BE APPOINTED BY THE |
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162 | | - | CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION OMBUDSMAN |
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163 | | - | 'S |
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164 | | - | DESIGNEE |
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165 | | - | : |
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166 | | - | (A) O |
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167 | | - | NE MEMBER REPRESENTING A STATEWIDE EDUCATION |
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168 | | - | ORGANIZATION THAT INCLUDES RURAL AREAS |
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169 | | - | ; |
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170 | | - | (B) O |
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171 | | - | NE MEMBER REPRESENTING LAW ENFORCEMENT AGENCIES ; |
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172 | | - | (C) O |
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173 | | - | NE MEMBER REPRESENTING RURAL COUNTY DEPARTMENTS ; |
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174 | | - | (D) O |
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175 | | - | NE MEMBER REPRESENTING URBAN COUNTY DEPARTMENTS ; |
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176 | | - | (E) O |
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177 | | - | NE MEMBER REPRESENTING COURT -APPOINTED SPECIAL |
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178 | | - | ADVOCATES |
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179 | | - | , AS DEFINED IN SECTION 13-91-103; |
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180 | | - | (F) O |
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181 | | - | NE MEMBER REPRESENTING THE OFFICE OF THE CHILD 'S |
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182 | | - | REPRESENTATIVE |
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183 | | - | , AS ESTABLISHED IN SECTION 13-91-104; |
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184 | | - | (G) O |
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185 | | - | NE MEMBER REPRESENTING A CHILD ADVOCACY CENTER , AS |
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186 | | - | DEFINED IN SECTION |
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187 | | - | 19-1-103; |
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188 | | - | PAGE 4-HOUSE BILL 22-1240 (H) ONE MEMBER REPRESENTING PROSECUTING ATTORNEYS ; |
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189 | | - | (I) O |
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190 | | - | NE MEMBER REPRESENTING THE OFFICE OF THE STATE PUBLIC |
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191 | | - | DEFENDER |
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192 | | - | , AS CREATED IN SECTION 21-1-101, OR THE OFFICE OF THE |
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193 | | - | ALTERNATE DEFENSE COUNSEL |
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194 | | - | , AS CREATED IN SECTION 21-2-101; |
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195 | | - | (J) O |
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196 | | - | NE MEMBER REPRESENTING A COUNTY ATTORNEY 'S OFFICE OR |
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197 | | - | A STATEWIDE ORGANIZATION REPRESENTING COUNTY ATTORNEYS |
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198 | | - | ' OFFICES; |
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199 | | - | (K) O |
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200 | | - | NE MEMBER REPRESENTING THE OFFICE OF THE RESPONDENT |
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201 | | - | PARENTS |
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202 | | - | ' COUNSEL, AS CREATED IN SECTION 13-92-103; |
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203 | | - | (L) O |
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204 | | - | NE MEMBER REPRESENTING FAMILY LAW ATTORNEYS ; |
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205 | | - | (M) O |
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206 | | - | NE MEMBER REPRESENTING A STATEWIDE NONGOVERNMENTAL |
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207 | | - | ORGANIZATION SPECIALIZING IN THE PREVENTION OF CHILD MALTREATMENT |
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208 | | - | ; |
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209 | | - | (N) O |
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210 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING |
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211 | | - | HOSPITALS |
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212 | | - | ; |
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213 | | - | (O) O |
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214 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING |
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215 | | - | MEDICAL PROFESSIONALS |
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216 | | - | ; |
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217 | | - | (P) O |
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218 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING |
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219 | | - | MENTAL HEALTH PROFESSIONALS |
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220 | | - | ; |
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221 | | - | (Q) O |
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222 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING |
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223 | | - | CHILDREN AND YOUTH |
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224 | | - | ; |
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225 | | - | (R) O |
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226 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION REPRESENTING |
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227 | | - | PEOPLE WITH DISABILITIES |
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228 | | - | ; |
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229 | | - | (S) F |
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230 | | - | IVE MEMBERS REPRESENTING INDIVIDUALS WITH LIVED |
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231 | | - | EXPERIENCE IN THE MANDATORY REPORTING SYSTEM |
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232 | | - | ; |
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233 | | - | (T) O |
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234 | | - | NE MEMBER FROM A STATEWIDE ORGANIZATION SERVING |
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235 | | - | UNDER |
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236 | | - | -RESOURCED COMMUNITIES ; |
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237 | | - | (U) O |
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238 | | - | NE MEMBER WHO IS AN ACADEMIC EXPERT ON THE MANDATORY |
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239 | | - | REPORTING SYSTEM EMPLOYED AT A STATE INSTITUTION OF HIGHER |
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240 | | - | PAGE 5-HOUSE BILL 22-1240 EDUCATION; |
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241 | | - | (V) O |
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242 | | - | NE MEMBER REPRESENTING A STATEWIDE ORGANIZATION |
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243 | | - | SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF DOMESTIC |
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244 | | - | VIOLENCE |
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245 | | - | ; |
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246 | | - | (W) O |
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247 | | - | NE MEMBER REPRESENTING A STATEWIDE ORGANIZATION |
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248 | | - | SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF SEXUAL VIOLENCE |
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249 | | - | ; |
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250 | | - | (X) O |
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251 | | - | NE MEMBER REPRESENTING CONFIDENTIAL VICTIM ADVOCATES ; |
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252 | | - | AND |
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253 | | - | (Y) ONE MEMBER REPRESENTING A STATE -LICENSED CHILD CARE |
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254 | | - | PROVIDER |
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255 | | - | , AS DEFINED IN SECTION 26-6-102 (6). |
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256 | | - | (b) T |
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257 | | - | HE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS ON |
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258 | | - | OR BEFORE |
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259 | | - | DECEMBER 1, 2022. IN MAKING APPOINTMENTS, THE APPOINTING |
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260 | | - | AUTHORITIES SHALL SELECT MEMBERS WHO REPRESENT DIVERSE |
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261 | | - | GEOGRAPHIC LOCATIONS |
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262 | | - | , GENDERS, RELIGIONS, SOCIOECONOMIC STATUSES, |
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263 | | - | IMMIGRATION STATUSES, AND LANGUAGES. THE TERM OF THE APPOINTMENT |
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264 | | - | IS FOR THE DURATION OF THE TASK FORCE |
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265 | | - | . THE APPOINTING AUTHORITIES |
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266 | | - | SHALL FILL ANY VACANCY SUBJECT TO THE SAME QUALIFICATIONS AS THE |
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267 | | - | INITIAL APPOINTMENT |
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268 | | - | . |
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269 | | - | (4) E |
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270 | | - | ACH MEMBER OF THE TASK FORCE SERVES WITHOUT |
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271 | | - | COMPENSATION |
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272 | | - | . NONGOVERNMENTAL MEMBERS MAY BE REIMBURSED FOR |
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273 | | - | REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES |
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274 | | - | PURSUANT TO THIS SECTION |
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275 | | - | . |
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276 | | - | (5) T |
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277 | | - | HE CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION |
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278 | | - | OMBUDSMAN |
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279 | | - | 'S DESIGNEE SHALL SERVE AS THE CHAIR, AND THE TASK FORCE |
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280 | | - | SHALL SELECT A VICE |
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281 | | - | -CHAIR FROM AMONG ITS MEMBERS . THE CHAIR AND |
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282 | | - | THE VICE |
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283 | | - | -CHAIR SHALL SERVE FOR THE DURATION OF THE TASK FORCE AS |
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284 | | - | THE CHAIR AND THE VICE |
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285 | | - | -CHAIR. |
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286 | | - | (6) (a) T |
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287 | | - | HE CHILD PROTECTION OMBUDSMAN , OR THE CHILD |
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288 | | - | PROTECTION OMBUDSMAN |
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289 | | - | 'S DESIGNEE, SHALL CONVENE THE FIRST MEETING |
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290 | | - | OF THE TASK FORCE NO LATER THAN |
---|
291 | | - | JANUARY 1, 2023. THE TASK FORCE |
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292 | | - | SHALL MEET AT LEAST ONCE EVERY OTHER MONTH UNTIL THE TASK FORCE |
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293 | | - | SUBMITS ITS FINAL REPORT |
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294 | | - | . THE CHAIR MAY CALL ADDITIONAL MEETINGS AS |
---|
295 | | - | PAGE 6-HOUSE BILL 22-1240 NECESSARY FOR THE TASK FORCE TO FULFILL ITS DUTIES . THE TASK FORCE |
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296 | | - | SHALL ESTABLISH PROCEDURES TO ALLOW MEMBERS OF THE TASK FORCE TO |
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297 | | - | PARTICIPATE IN MEETINGS REMOTELY |
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298 | | - | . |
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299 | | - | (b) T |
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300 | | - | HE CHILD PROTECTION OMBUDSMAN , OR THE CHILD PROTECTION |
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301 | | - | OMBUDSMAN |
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302 | | - | 'S DESIGNEE, SHALL OPEN THE MEETINGS TO THE PUBLIC , |
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303 | | - | PROVIDE ADVANCE PUBLIC NOTICE OF THE MEETINGS , AND ALLOW PUBLIC |
---|
304 | | - | COMMENTS AT THE MEETINGS |
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305 | | - | . THE CHILD PROTECTION OMBUDSMAN , OR THE |
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306 | | - | CHILD PROTECTION OMBUDSMAN |
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307 | | - | 'S DESIGNEE, SHALL CONDUCT OUTREACH |
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308 | | - | AND ENCOURAGE COMMUNITY PARTICIPATION IN THE PUBLIC MEETINGS |
---|
309 | | - | . |
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310 | | - | (7) (a) P |
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311 | | - | URSUANT TO SUBSECTION (2) OF THIS SECTION, THE TASK |
---|
312 | | - | FORCE |
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313 | | - | , AT A MINIMUM, SHALL ANALYZE: |
---|
314 | | - | (I) W |
---|
315 | | - | HETHER A STUDY SHOULD BE CONDUCTED TO DETERMINE THE |
---|
316 | | - | EFFECTIVENESS OF MANDATORY REPORTING IN SERVING CHILDREN AND |
---|
317 | | - | FAMILIES AND DETERMINE THE NECESSARY FUNDING FOR A STUDY |
---|
318 | | - | . IF THE |
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319 | | - | TASK FORCE DETERMINES THERE SHOULD BE A STUDY |
---|
320 | | - | , THE STUDY MUST |
---|
321 | | - | INCLUDE AN ANALYSIS ON WHETHER ENHANCED SCREENING TECHNIQUES FOR |
---|
322 | | - | ACCEPTING REPORTS MAY MITIGATE THE DISPROPORTIONATE IMPACT OF |
---|
323 | | - | MANDATORY REPORTING ON UNDER |
---|
324 | | - | -RESOURCED COMMUNITIES , |
---|
325 | | - | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES. |
---|
326 | | - | (II) T |
---|
327 | | - | HE DISPROPORTIONATE IMPACT OF MANDATORY REPORTING ON |
---|
328 | | - | UNDER |
---|
329 | | - | -RESOURCED COMMUNITIES , COMMUNITIES OF COLOR, AND PERSONS |
---|
330 | | - | WITH DISABILITIES |
---|
331 | | - | ; |
---|
332 | | - | (III) S |
---|
333 | | - | TANDARDIZED TRAINING THAT ADDRESSES IMPLICIT BIAS ; |
---|
334 | | - | (IV) A |
---|
335 | | - | LTERNATIVE PROCESSES AND SERVICES FOR FAMILIES WHO DO |
---|
336 | | - | NOT PRESENT MANDATORY REPORTERS WITH CHILD ABUSE OR NEGLECT |
---|
337 | | - | CONCERNS BUT WHO WOULD BENEFIT FROM ALTERNATIVE SERVICES |
---|
338 | | - | ; |
---|
339 | | - | (V) S |
---|
340 | | - | TANDARDIZED TRAINING THAT ADDRESSES THE REQUIREMENTS |
---|
341 | | - | OF THE LAW PURSUANT TO THIS PART |
---|
342 | | - | 3; |
---|
343 | | - | (VI) T |
---|
344 | | - | HE DEFINITION OF "IMMEDIATELY" AND HOW REPORTING TIME |
---|
345 | | - | FRAMES AFFECT MANDATORY REPORTERS FROM DIFFERENT PROFESSIONS |
---|
346 | | - | ; |
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347 | | - | (VII) R |
---|
348 | | - | EPORTING TIME FRAMES FOR MANDATORY REPORTERS WHO |
---|
349 | | - | PAGE 7-HOUSE BILL 22-1240 ARE CREATING A SAFETY PLAN FOR VICTIMS OF DOMESTIC VIOLENCE , SEXUAL |
---|
350 | | - | ASSAULT |
---|
351 | | - | , OR STALKING TO ENSURE THE SAFETY OF THE VICTIM AND THE |
---|
352 | | - | VICTIM |
---|
353 | | - | 'S FAMILY MEMBERS WHILE CREATING THE SAFETY PLAN ; |
---|
354 | | - | (VIII) M |
---|
355 | | - | EDICAL CHILD ABUSE AND THE PROCESS TO REPORT MEDICAL |
---|
356 | | - | CHILD ABUSE |
---|
357 | | - | ; |
---|
358 | | - | (IX) W |
---|
359 | | - | HETHER MANDATORY REPORTERS SHOULD REPORT INCIDENTS |
---|
360 | | - | OBSERVED OUTSIDE OF A MANDATORY REPORTER |
---|
361 | | - | 'S PROFESSIONAL CAPACITY; |
---|
362 | | - | (X) W |
---|
363 | | - | HETHER A MANDATORY REPORTER WHO IS EMPLOYED BY , AN |
---|
364 | | - | AGENT OF |
---|
365 | | - | , OR A CONTRACTOR FOR AN ATTORNEY WHO IS PROVIDING LEGAL |
---|
366 | | - | REPRESENTATION IS EXEMPT FROM THE REPORTING REQUIREMENTS |
---|
367 | | - | DESCRIBED IN SECTION |
---|
368 | | - | 19-3-304; |
---|
369 | | - | (XI) M |
---|
370 | | - | ANDATORY REPORTING REQUIREMENTS FOR MANDATORY |
---|
371 | | - | REPORTERS WHO HAVE KNOWLEDGE OR REASONABLE CAUSE TO KNOW OR |
---|
372 | | - | SUSPECT THAT A CHILD OR YOUTH IS THE VICTIM OF DATING VIOLENCE OR |
---|
373 | | - | SEXUAL ASSAULT |
---|
374 | | - | ; |
---|
375 | | - | (XII) A |
---|
376 | | - | REPORTING PROCESS FOR TWO OR MORE MANDATORY |
---|
377 | | - | REPORTERS TO REPORT CHILD ABUSE OR NEGLECT WHO HAVE JOINT |
---|
378 | | - | KNOWLEDGE OR JOINT REASONABLE CAUSE TO MAKE A REPORT OF CHILD |
---|
379 | | - | ABUSE OR NEGLECT |
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380 | | - | ; |
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381 | | - | (XIII) W |
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382 | | - | HETHER THE DUTY TO REPORT REMAINS WITH THE |
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383 | | - | MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO KNOW OR SUSPECT |
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384 | | - | THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE OR NEGLECT |
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385 | | - | ; |
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386 | | - | (XIV) W |
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387 | | - | HETHER INSTITUTIONS THAT EMPLOY MANDATORY |
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388 | | - | REPORTERS MAY DEVELOP PROCEDURES TO ASSIST MANDATORY REPORTERS |
---|
389 | | - | IN FULFILLING REPORTING REQUIREMENTS |
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390 | | - | , AS DESCRIBED IN SECTION |
---|
391 | | - | 19-3-307; |
---|
392 | | - | (XV) T |
---|
393 | | - | RAINING REQUIREMENTS FOR PEOPLE APPLYING FOR OR |
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394 | | - | RENEWING A PROFESSIONAL LICENSE FOR A PROFESSION THAT IS IDENTIFIED |
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395 | | - | AS A PROFESSION REQUIRED TO REPORT CHILD ABUSE OR NEGLECT PURSUANT |
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396 | | - | TO SECTION |
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397 | | - | 19-3-304; |
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398 | | - | (XVI) T |
---|
399 | | - | HE PERSONAL INFORMATION OF A CHILD , AS SET FORTH IN |
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400 | | - | PAGE 8-HOUSE BILL 22-1240 SECTION 19-3-307 (2), THAT IS COLLECTED FOR A REPORT; |
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401 | | - | (XVII) S |
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402 | | - | TANDARDIZED TRAINING REGARDING THE COUNTY |
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403 | | - | DEPARTMENTS |
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404 | | - | ' PROCESS TO DETERMINE WHICH REPORTS MEET THE |
---|
405 | | - | THRESHOLD FOR ASSESSMENT AND INVESTIGATION |
---|
406 | | - | ; |
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407 | | - | (XVIII) T |
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408 | | - | HE BENEFITS OF AN ELECTRONIC REPORTING PLATFORM FOR |
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409 | | - | THE STATE |
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410 | | - | ; AND |
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411 | | - | (XIX) A PROCESS FOR INTER - AND INTRA -AGENCY |
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412 | | - | COMMUNICATIONS |
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413 | | - | , CONFIRMING RECEIPT OF REPORTS , AND, IN SOME |
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414 | | - | CIRCUMSTANCES |
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415 | | - | , SHARING THE OUTCOME OF REPORTS WITH CERTAIN |
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416 | | - | MANDATORY REPORTERS |
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417 | | - | . |
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418 | | - | (b) T |
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419 | | - | HE TASK FORCE MAY ESTABLISH STANDING SUBCOMMITTEES TO |
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420 | | - | STUDY THE ISSUES IDENTIFIED IN SUBSECTION |
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421 | | - | (7)(a) OF THIS SECTION. |
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422 | | - | (8) T |
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423 | | - | HE TASK FORCE SHALL ANALYZE NATIONAL BEST PRACTICES |
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424 | | - | AND CONSULT WITH ADDITIONAL STAKEHOLDERS AS NEEDED TO ADDRESS |
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425 | | - | ALL ADDITIONAL QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND |
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426 | | - | RECOMMENDATIONS FOR M ANDATORY REPORTER TRAINING REQUIREMENTS |
---|
427 | | - | , |
---|
428 | | - | REPORTING PROCEDURES, AND CREATING A MORE EQUITABLE MANDATORY |
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429 | | - | REPORTING SYSTEM FOR UNDER |
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430 | | - | -RESOURCED COMMUNITIES , COMMUNITIES |
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431 | | - | OF COLOR |
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432 | | - | , AND PERSONS WITH DISABILITIES WHO ARE DISPROPORTI ONATELY |
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433 | | - | IMPACTED BY MANDATORY REPORTING |
---|
434 | | - | . |
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435 | | - | (9) O |
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436 | | - | N OR BEFORE JANUARY 1, 2024, THE TASK FORCE SHALL SUBMIT |
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437 | | - | ITS FIRST |
---|
438 | | - | -YEAR STATUS REPORT, INCLUDING ITS INITIAL FINDINGS AND |
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439 | | - | RECOMMENDATIONS ON ISSUES IDENTIFIED IN SUBSECTION |
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440 | | - | (7) OF THIS |
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441 | | - | SECTION |
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442 | | - | , TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL |
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443 | | - | HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND |
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444 | | - | HUMAN SERVICES COMMITTEE |
---|
445 | | - | , OR THEIR SUCCESSOR COMMITTEES ; THE |
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446 | | - | GOVERNOR |
---|
447 | | - | ; AND THE STATE DEPARTMENT. |
---|
448 | | - | (10) O |
---|
449 | | - | N OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL |
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450 | | - | SUBMIT ITS FINAL REPORT |
---|
451 | | - | , INCLUDING ITS FINDINGS AND RECOMMENDATIONS |
---|
452 | | - | ON THE ISSUES IDENTIFIED IN SUBSECTION |
---|
453 | | - | (7) OF THIS SECTION, TO THE |
---|
454 | | - | HOUSE OF REPRESENTATIVES PUBLIC AND BE HAVIORAL HEALTH AND HUMAN |
---|
455 | | - | SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES |
---|
456 | | - | COMMITTEE |
---|
457 | | - | , OR THEIR SUCCESSOR COMMITTEES; THE GOVERNOR; AND THE |
---|
458 | | - | PAGE 9-HOUSE BILL 22-1240 STATE DEPARTMENT. |
---|
459 | | - | (11) T |
---|
460 | | - | HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025. |
---|
461 | | - | SECTION 3. In Colorado Revised Statutes, 19-3-304.2, amend as |
---|
462 | | - | added by House Bill 22-1240 (3)(a)(VI)(Y) as follows: |
---|
463 | | - | 19-3-304.2. Mandatory reporter task force - creation - reporting |
---|
464 | | - | - definitions - repeal. (3) (a) The task force consists of the following |
---|
465 | | - | members: |
---|
466 | | - | (VI) The following members, who shall be appointed by the child |
---|
467 | | - | protection ombudsman or the child protection ombudsman's designee: |
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468 | | - | (Y) One member representing a state-licensed child care provider, |
---|
469 | | - | as defined in section 26-6-102 (6) |
---|
470 | | - | SECTION 26.5-5-303 (4). |
---|
471 | | - | SECTION 4. Appropriation. For the 2022-23 state fiscal year, |
---|
472 | | - | $97,500 is appropriated to the judicial department for use by the office of |
---|
473 | | - | the child protection ombudsman. This appropriation is from the general |
---|
474 | | - | fund. To implement this act, the office may use this appropriation for |
---|
475 | | - | program costs. |
---|
476 | | - | SECTION 5. Act subject to petition - effective date. (1) Except |
---|
477 | | - | as otherwise provided in subsection (2) of this section, this act takes effect |
---|
478 | | - | at 12:01 a.m. on the day following the expiration of the ninety-day period |
---|
479 | | - | after final adjournment of the general assembly; except that, if a referendum |
---|
480 | | - | petition is filed pursuant to section 1 (3) of article V of the state constitution |
---|
481 | | - | against this act or an item, section, or part of this act within such period, |
---|
482 | | - | then the act, item, section, or part will not take effect unless approved by the |
---|
483 | | - | PAGE 10-HOUSE BILL 22-1240 people at the general election to be held in November 2022 and, in such |
---|
484 | | - | case, will take effect on the date of the official declaration of the vote |
---|
485 | | - | thereon by the governor. |
---|
486 | | - | (2) Section 3 of this act takes effect only if House Bill 22-1295 |
---|
487 | | - | becomes law, in which case section 3 takes effect upon the effective date |
---|
488 | | - | of this act or House Bill 22-1295, whichever is later. |
---|
489 | | - | ____________________________ ____________________________ |
---|
490 | | - | Alec Garnett Steve Fenberg |
---|
491 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
492 | | - | OF REPRESENTATIVES THE SENATE |
---|
493 | | - | ____________________________ ____________________________ |
---|
494 | | - | Robin Jones Cindi L. Markwell |
---|
495 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
496 | | - | OF REPRESENTATIVES THE SENATE |
---|
497 | | - | APPROVED________________________________________ |
---|
498 | | - | (Date and Time) |
---|
499 | | - | _________________________________________ |
---|
500 | | - | Jared S. Polis |
---|
501 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
502 | | - | PAGE 11-HOUSE BILL 22-1240 |
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| 14 | + | ONCERNING ENHANCING MANDATORY REPORTING FOR PEOPLE101 |
---|
| 15 | + | REQUIRED TO REPORT CHILD |
---|
| 16 | + | ABUSE, AND, IN CONNECTION102 |
---|
| 17 | + | THEREWITH, MAKING AN APPROPRIATION .103 |
---|
| 18 | + | Bill Summary |
---|
| 19 | + | (Note: This summary applies to this bill as introduced and does |
---|
| 20 | + | not reflect any amendments that may be subsequently adopted. If this bill |
---|
| 21 | + | passes third reading in the house of introduction, a bill summary that |
---|
| 22 | + | applies to the reengrossed version of this bill will be available at |
---|
| 23 | + | http://leg.colorado.gov |
---|
| 24 | + | .) |
---|
| 25 | + | The bill creates the mandatory reporter task force (task force). The |
---|
| 26 | + | purpose of the task force is to analyze best practices and recommend |
---|
| 27 | + | changes to training materials and reporting procedures for people required |
---|
| 28 | + | by law to report child abuse or neglect. The task force shall analyze the |
---|
| 29 | + | effectiveness of mandatory reporting and its relationship with systemic |
---|
| 30 | + | SENATE |
---|
| 31 | + | 3rd Reading Unamended |
---|
| 32 | + | May 9, 2022 |
---|
| 33 | + | SENATE |
---|
| 34 | + | 2nd Reading Unamended |
---|
| 35 | + | May 6, 2022 |
---|
| 36 | + | HOUSE |
---|
| 37 | + | 3rd Reading Unamended |
---|
| 38 | + | April 29, 2022 |
---|
| 39 | + | HOUSE |
---|
| 40 | + | Amended 2nd Reading |
---|
| 41 | + | April 28, 2022 |
---|
| 42 | + | HOUSE SPONSORSHIP |
---|
| 43 | + | Froelich and Young, Amabile, Bernett, Boesenecker, Cutter, Gonzales-Gutierrez, Hooton, |
---|
| 44 | + | Jodeh, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks, Sullivan, Titone, Valdez A. |
---|
| 45 | + | SENATE SPONSORSHIP |
---|
| 46 | + | Fields and Simpson, Buckner, Cooke, Danielson, Fenberg, Hansen, Lee, Pettersen, |
---|
| 47 | + | Rodriguez, Story |
---|
| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
---|
| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
---|
| 50 | + | Dashes through the words indicate deletions from existing statute. issues, including the disproportionate impact of mandatory reporting on |
---|
| 51 | + | families of color and under-resourced communities. The task force may |
---|
| 52 | + | propose clarifications to the law to help implement its recommendations. |
---|
| 53 | + | The task force operates for 2 years. The task force shall submit a final |
---|
| 54 | + | report on its findings and recommendations on January 1, 2025, to the |
---|
| 55 | + | house of representatives public and behavioral health and human services |
---|
| 56 | + | committee and the senate health and human services committee, or their |
---|
| 57 | + | successor committees, the governor, and the department of human |
---|
| 58 | + | services. |
---|
| 59 | + | The bill also updates mandatory reporting requirements and |
---|
| 60 | + | procedures for people required to report child abuse or neglect |
---|
| 61 | + | (mandatory reporters). The updates include: |
---|
| 62 | + | ! Changing the time frame for reporting child abuse or |
---|
| 63 | + | neglect from "immediately" to "within 24 hours"; |
---|
| 64 | + | ! Requiring reporting on unlawful sexual behavior; |
---|
| 65 | + | ! Requiring employers to notify and to provide materials to |
---|
| 66 | + | their employees regarding mandatory reporter |
---|
| 67 | + | responsibilities; and |
---|
| 68 | + | ! Changing the mental state of a person who violates the |
---|
| 69 | + | mandatory reporter provision from "willfully" to |
---|
| 70 | + | "knowingly". |
---|
| 71 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
---|
| 72 | + | SECTION 1. In Colorado Revised Statutes, amend 19-3-302 as2 |
---|
| 73 | + | follows:3 |
---|
| 74 | + | 19-3-302. Legislative declaration. (1) The general assembly4 |
---|
| 75 | + | declares that the complete reporting of child abuse is a matter of public5 |
---|
| 76 | + | concern and that, in enacting this part 3, it is the intent of the general6 |
---|
| 77 | + | assembly to protect the best interests of children of this state and to offer7 |
---|
| 78 | + | protective services in order to prevent any further harm to a child8 |
---|
| 79 | + | suffering from abuse. It is also the intent of the general assembly that if9 |
---|
| 80 | + | a county or group of counties decides to establish a child protection team,10 |
---|
| 81 | + | that the child protection teams publicly discuss public agencies' responses11 |
---|
| 82 | + | to child abuse and neglect reports so that the public and the general12 |
---|
| 83 | + | assembly are better informed concerning the operation and administration13 |
---|
| 84 | + | 1240-2- of this part 3.1 |
---|
| 85 | + | (2) (a) THE GENERAL ASSEMBLY FURTHER DECLARES THAT2 |
---|
| 86 | + | REQUIRING PEOPLE TO REPORT KNOWN OR SUSPECTED CHILD ABUSE OR3 |
---|
| 87 | + | NEGLECT PURSUANT TO THIS PART 3 IMPACTS THE PEOPLE REPORTING AS4 |
---|
| 88 | + | WELL AS CHILDREN AND FAMILIES . AS A RESULT OF IMPLICIT BIAS,5 |
---|
| 89 | + | UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS6 |
---|
| 90 | + | WITH DISABILITIES ARE DISPROPORTIONATELY IMPACTED BY THE7 |
---|
| 91 | + | MANDATORY REPORTING SYSTEM. TO CREATE A MORE EQUITABLE8 |
---|
| 92 | + | MANDATORY REPORTING SYSTEM, PEOPLE REQUIRED TO REPORT CHILD9 |
---|
| 93 | + | ABUSE OR NEGLECT MUST HAVE ACCESS TO NECESSARY RESOURCES TO10 |
---|
| 94 | + | REPORT CHILD ABUSE OR NEGLECT , INCLUDING BUT NOT LIMITED TO:11 |
---|
| 95 | + | (I) SPECIALIZED TRAINING TO ADDRESS AND DECREASE THE12 |
---|
| 96 | + | DISPROPORTIONATE IMPACT ON UNDER -RESOURCED COMMUNITIES,13 |
---|
| 97 | + | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES;14 |
---|
| 98 | + | (II) STANDARDIZED TRAINING AND MATERIALS ; AND15 |
---|
| 99 | + | (III) INFORMATION REGARDING OBLIGATIONS AND PROTECTIONS16 |
---|
| 100 | + | PURSUANT TO THE LAW.17 |
---|
| 101 | + | (b) ADDITIONALLY, THROUGH THE CREATION OF A MANDATORY18 |
---|
| 102 | + | REPORTER TASK FORCE IN THIS PART 3, DIVERSE REPRESENTATIVES FROM19 |
---|
| 103 | + | STATEWIDE ORGANIZATIONS SERVING FAMILIES AND YOUTH SHALL20 |
---|
| 104 | + | ANALYZE BEST PRACTICES AND MAY RECOMMEND CHANGES TO TRAINING21 |
---|
| 105 | + | MATERIALS AND REPORTING PROCEDURES .22 |
---|
| 106 | + | SECTION 2. In Colorado Revised Statutes, add 19-3-304.2 as23 |
---|
| 107 | + | follows:24 |
---|
| 108 | + | 19-3-304.2. Mandatory reporter task force - creation -25 |
---|
| 109 | + | reporting - definitions - repeal. (1) AS USED IN THIS SECTION, UNLESS26 |
---|
| 110 | + | THE CONTEXT OTHERWISE REQUIRES :27 |
---|
| 111 | + | 1240 |
---|
| 112 | + | -3- (a) "IMPLICIT BIAS" MEANS A BIAS OR PREJUDICE THAT IS PRESENT1 |
---|
| 113 | + | TOWARD AN INDIVIDUAL OR A GROUP OF PEOPLE WITHOUT CONSCIOUS2 |
---|
| 114 | + | KNOWLEDGE.3 |
---|
| 115 | + | (b) "MANDATORY REPORTER" MEANS A PERSON WHO IS REQUIRED4 |
---|
| 116 | + | TO REPORT CHILD ABUSE OR NEGLECT PURSUANT TO SECTION 19-3-304.5 |
---|
| 117 | + | (c) "MEDICAL CHILD ABUSE" MEANS WHEN A CHILD RECEIVES6 |
---|
| 118 | + | UNNECESSARY AND HARMFUL OR POTENTIALLY HARMFUL MEDICAL CARE7 |
---|
| 119 | + | DUE TO A CAREGIVER'S OVERT ACTIONS, INCLUDING EXAGGERATING THE8 |
---|
| 120 | + | CHILD'S MEDICAL SYMPTOMS, LYING ABOUT THE CHILD'S MEDICAL HISTORY9 |
---|
| 121 | + | OR FABRICATING THE CHILD'S MEDICAL HISTORY, OR INTENTIONALLY10 |
---|
| 122 | + | INDUCING ILLNESS IN THE CHILD.11 |
---|
| 123 | + | (2) THERE IS CREATED IN THE OFFICE OF THE CHILD PROTECTION12 |
---|
| 124 | + | OMBUDSMAN, ESTABLISHED PURSUANT TO SECTION 19-3.3-102, THE13 |
---|
| 125 | + | MANDATORY REPORTER TASK FORCE, REFERRED TO IN THIS SECTION AS14 |
---|
| 126 | + | THE "TASK FORCE". THE PURPOSE OF THE TASK FORCE IS TO ANALYZE BEST15 |
---|
| 127 | + | PRACTICES AND RECOMMEND CHANGES TO TRAINING REQUIREMENTS AND16 |
---|
| 128 | + | REPORTING PROCEDURES. THE TASK FORCE SHALL ANALYZE THE17 |
---|
| 129 | + | EFFECTIVENESS OF MANDATORY REPORTING AND ITS RELATIONSHIP WITH18 |
---|
| 130 | + | SYSTEMIC ISSUES, INCLUDING THE DISPROPORTIONATE IMPACT OF19 |
---|
| 131 | + | MANDATORY REPORTING ON UNDER -RESOURCED COMMUNITIES ,20 |
---|
| 132 | + | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES. THE TASK21 |
---|
| 133 | + | FORCE SHALL FOCUS ON SERVING UNDER -RESOURCED COMMUNITIES,22 |
---|
| 134 | + | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES WHO ARE23 |
---|
| 135 | + | DISPROPORTIONATELY IMPACTED BY THE MANDATORY REPORTING24 |
---|
| 136 | + | SYSTEM. THE TASK FORCE MAY PROPOSE CLARIFICATIONS TO THE LAW TO25 |
---|
| 137 | + | HELP IMPLEMENT ITS RECOMMENDATIONS . THE TASK FORCE MAY MAKE26 |
---|
| 138 | + | FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY , THE27 |
---|
| 139 | + | 1240 |
---|
| 140 | + | -4- GOVERNOR, AND THE STATE DEPARTMENT ON ADMINISTRATIVE AND1 |
---|
| 141 | + | LEGISLATIVE CHANGES TO UPDATE MANDATORY REPORTER TRAINING2 |
---|
| 142 | + | REQUIREMENTS AND REPORTING PROCEDURES FOR REPORTING CHILD3 |
---|
| 143 | + | ABUSE OR NEGLECT AND TO CREATE AN EQUITABLE MANDATORY4 |
---|
| 144 | + | REPORTING SYSTEM FOR ALL COLORADO FAMILIES AND CHILDREN,5 |
---|
| 145 | + | INCLUDING HOW TO DETERMINE THE EFFECTIVENESS OF MANDATORY6 |
---|
| 146 | + | REPORTING AND MITIGATE THE IMPACT OF MANDATORY REPORTING ON7 |
---|
| 147 | + | UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS8 |
---|
| 148 | + | WITH DISABILITIES.9 |
---|
| 149 | + | (3) (a) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:10 |
---|
| 150 | + | (I) THE CHILD PROTECTION OMBUDSMAN, AS DESCRIBED IN11 |
---|
| 151 | + | SECTION 19-3.3-102, OR THE CHILD PROTECTION OMBUDSMAN 'S DESIGNEE;12 |
---|
| 152 | + | (II) ONE MEMBER REPRESENTING THE STATE DEPARTMENT TO BE13 |
---|
| 153 | + | APPOINTED BY THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT, OR14 |
---|
| 154 | + | THE EXECUTIVE DIRECTOR'S DESIGNEE;15 |
---|
| 155 | + | (III) ONE MEMBER REPRESENTING THE DEPARTMENT OF PUBLIC16 |
---|
| 156 | + | SAFETY TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE17 |
---|
| 157 | + | DEPARTMENT OF PUBLIC SAFETY, OR THE EXECUTIVE DIRECTOR 'S18 |
---|
| 158 | + | DESIGNEE;19 |
---|
| 159 | + | (IV) ONE MEMBER REPRESENTING THE DEPARTMENT OF20 |
---|
| 160 | + | REGULATORY AGENCIES TO BE APPOINTED BY THE EXECUTIVE DIRECTOR21 |
---|
| 161 | + | OF THE DEPARTMENT OF REGULATORY AGENCIES , OR THE EXECUTIVE22 |
---|
| 162 | + | DIRECTOR'S DESIGNEE;23 |
---|
| 163 | + | (V) ONE MEMBER REPRESENTING THE DEPARTMENT OF EDUCATION24 |
---|
| 164 | + | TO BE APPOINTED BY THE COMMISSIONER OF EDUCATION OF THE25 |
---|
| 165 | + | DEPARTMENT OF EDUCATION, OR THE COMMISSIONER OF EDUCATION'S26 |
---|
| 166 | + | DESIGNEE; AND27 |
---|
| 167 | + | 1240 |
---|
| 168 | + | -5- (VI) THE FOLLOWING MEMBERS, WHO SHALL BE APPOINTED BY THE1 |
---|
| 169 | + | CHILD PROTECTION OMBUDSMAN OR THE CHILD PROTECTION2 |
---|
| 170 | + | OMBUDSMAN'S DESIGNEE:3 |
---|
| 171 | + | (A) ONE MEMBER REPRESENTING A STATEWIDE EDUCATION4 |
---|
| 172 | + | ORGANIZATION THAT INCLUDES RURAL AREAS ;5 |
---|
| 173 | + | (B) ONE MEMBER REPRESENTING LAW ENFORCEMENT AGENCIES ;6 |
---|
| 174 | + | (C) ONE MEMBER REPRESENTING RURAL COUNTY DEPARTMENTS;7 |
---|
| 175 | + | (D) ONE MEMBER REPRESENTING URBAN COUNTY DEPARTMENTS;8 |
---|
| 176 | + | (E) ONE MEMBER REPRESENTING COURT-APPOINTED SPECIAL9 |
---|
| 177 | + | ADVOCATES, AS DEFINED IN SECTION 13-91-103;10 |
---|
| 178 | + | (F) ONE MEMBER REPRESENTING THE OFFICE OF THE CHILD'S11 |
---|
| 179 | + | REPRESENTATIVE, AS ESTABLISHED IN SECTION 13-91-104;12 |
---|
| 180 | + | (G) ONE MEMBER REPRESENTING A CHILD ADVOCACY CENTER, AS13 |
---|
| 181 | + | DEFINED IN SECTION 19-1-103;14 |
---|
| 182 | + | (H) ONE MEMBER REPRESENTING PROSECUTING ATTORNEYS ;15 |
---|
| 183 | + | (I) ONE MEMBER REPRESENTING THE OFFICE OF THE STATE PUBLIC16 |
---|
| 184 | + | DEFENDER, AS CREATED IN SECTION 21-1-101, OR THE OFFICE OF THE17 |
---|
| 185 | + | ALTERNATE DEFENSE COUNSEL , AS CREATED IN SECTION 21-2-101;18 |
---|
| 186 | + | (J) ONE MEMBER REPRESENTING A COUNTY ATTORNEY'S OFFICE OR19 |
---|
| 187 | + | A STATEWIDE ORGANIZATION REPRESENTING COUNTY ATTORNEYS '20 |
---|
| 188 | + | OFFICES;21 |
---|
| 189 | + | (K) ONE MEMBER REPRESENTING THE OFFICE OF THE RESPONDENT22 |
---|
| 190 | + | PARENTS' COUNSEL, AS CREATED IN SECTION 13-92-103;23 |
---|
| 191 | + | (L) ONE MEMBER REPRESENTING FAMILY LAW ATTORNEYS ;24 |
---|
| 192 | + | (M) O NE MEMBER REPRESENTING A STATEWIDE25 |
---|
| 193 | + | NONGOVERNMENTAL ORGANIZATION SPECIALIZING IN THE PREVENTION OF26 |
---|
| 194 | + | CHILD MALTREATMENT ;27 |
---|
| 195 | + | 1240 |
---|
| 196 | + | -6- (N) ONE MEMBER FROM A STATEWIDE ORGANIZATION1 |
---|
| 197 | + | REPRESENTING HOSPITALS;2 |
---|
| 198 | + | (O) ONE MEMBER FROM A STATEWIDE ORGANIZATION3 |
---|
| 199 | + | REPRESENTING MEDICAL PROFESSIONALS ;4 |
---|
| 200 | + | (P) ONE MEMBER FROM A STATEWIDE ORGANIZATION5 |
---|
| 201 | + | REPRESENTING MENTAL HEALTH PROFESSIONALS ;6 |
---|
| 202 | + | (Q) ONE MEMBER FROM A STATEWIDE ORGANIZATION7 |
---|
| 203 | + | REPRESENTING CHILDREN AND YOUTH ;8 |
---|
| 204 | + | (R) ONE MEMBER FROM A STATEWIDE ORGANIZATION9 |
---|
| 205 | + | REPRESENTING PEOPLE WITH DISABILITIES;10 |
---|
| 206 | + | (S) FIVE MEMBERS REPRESENTING INDIVIDUALS WITH LIVED11 |
---|
| 207 | + | EXPERIENCE IN THE MANDATORY REPORTING SYSTEM ;12 |
---|
| 208 | + | (T) ONE MEMBER FROM A STATEWIDE ORGANIZATION SERVING13 |
---|
| 209 | + | UNDER-RESOURCED COMMUNITIES ;14 |
---|
| 210 | + | (U) ONE MEMBER WHO IS AN ACADEMIC EXPERT ON THE15 |
---|
| 211 | + | MANDATORY REPORTING SYSTEM EMPLOYED AT A STATE INSTITUTION OF16 |
---|
| 212 | + | HIGHER EDUCATION;17 |
---|
| 213 | + | (V) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION18 |
---|
| 214 | + | SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF DOMESTIC19 |
---|
| 215 | + | VIOLENCE;20 |
---|
| 216 | + | (W) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION21 |
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| 217 | + | SERVING OR REPRESENTING VICTIMS AND SURVIVORS OF SEXUAL22 |
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| 218 | + | VIOLENCE;23 |
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| 219 | + | (X) ONE MEMBER REPRESENTING CONFIDENTIAL VICTIM24 |
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| 220 | + | ADVOCATES; AND25 |
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| 221 | + | (Y) ONE MEMBER REPRESENTING A STATE-LICENSED CHILD CARE26 |
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| 222 | + | PROVIDER, AS DEFINED IN SECTION 26-6-102 (6).27 |
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| 223 | + | 1240 |
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| 224 | + | -7- (b) THE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS ON1 |
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| 225 | + | OR BEFORE DECEMBER 1, 2022. IN MAKING APPOINTMENTS, THE2 |
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| 226 | + | APPOINTING AUTHORITIES SHALL SELECT MEMBERS WHO REPRESENT3 |
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| 227 | + | DIVERSE GEOGRAPHIC LOCATIONS, GENDERS, RELIGIONS, SOCIOECONOMIC4 |
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| 228 | + | STATUSES, IMMIGRATION STATUSES, AND LANGUAGES. THE TERM OF THE5 |
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| 229 | + | APPOINTMENT IS FOR THE DURATION OF THE TASK FORCE . THE APPOINTING6 |
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| 230 | + | AUTHORITIES SHALL FILL ANY VACANCY SUBJECT TO THE SAME7 |
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| 231 | + | QUALIFICATIONS AS THE INITIAL APPOINTMENT .8 |
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| 232 | + | (4) EACH MEMBER OF THE TASK FORCE SERVES WITHOUT9 |
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| 233 | + | COMPENSATION. NONGOVERNMENTAL MEMBERS MAY BE REIMBURSED FOR10 |
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| 234 | + | REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES11 |
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| 235 | + | PURSUANT TO THIS SECTION.12 |
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| 236 | + | (5) THE CHILD PROTECTION OMBUDSMAN OR THE CHILD13 |
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| 237 | + | PROTECTION OMBUDSMAN'S DESIGNEE SHALL SERVE AS THE CHAIR, AND14 |
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| 238 | + | THE TASK FORCE SHALL SELECT A VICE-CHAIR FROM AMONG ITS MEMBERS.15 |
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| 239 | + | THE CHAIR AND THE VICE-CHAIR SHALL SERVE FOR THE DURATION OF THE16 |
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| 240 | + | TASK FORCE AS THE CHAIR AND THE VICE-CHAIR.17 |
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| 241 | + | (6) (a) THE CHILD PROTECTION OMBUDSMAN, OR THE CHILD18 |
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| 242 | + | PROTECTION OMBUDSMAN 'S DESIGNEE, SHALL CONVENE THE FIRST19 |
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| 243 | + | MEETING OF THE TASK FORCE NO LATER THAN JANUARY 1, 2023. THE TASK20 |
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| 244 | + | FORCE SHALL MEET AT LEAST ONCE EVERY OTHER MONTH UNTIL THE TASK21 |
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| 245 | + | FORCE SUBMITS ITS FINAL REPORT. THE CHAIR MAY CALL ADDITIONAL22 |
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| 246 | + | MEETINGS AS NECESSARY FOR THE TASK FORCE TO FULFILL ITS DUTIES .23 |
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| 247 | + | THE TASK FORCE SHALL ESTABLISH PROCEDURES TO ALLOW MEMBERS OF24 |
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| 248 | + | THE TASK FORCE TO PARTICIPATE IN MEETINGS REMOTELY .25 |
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| 249 | + | (b) THE CHILD PROTECTION OMBUDSMAN, OR THE CHILD26 |
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| 250 | + | PROTECTION OMBUDSMAN 'S DESIGNEE, SHALL OPEN THE MEETINGS TO THE27 |
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| 251 | + | 1240 |
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| 252 | + | -8- PUBLIC, PROVIDE ADVANCE PUBLIC NOTICE OF THE MEETINGS, AND ALLOW1 |
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| 253 | + | PUBLIC COMMENTS AT THE MEETINGS . THE CHILD PROTECTION2 |
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| 254 | + | OMBUDSMAN, OR THE CHILD PROTECTION OMBUDSMAN'S DESIGNEE, SHALL3 |
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| 255 | + | CONDUCT OUTREACH AND ENCOURAGE COMMUNITY PARTICIPATION IN THE4 |
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| 256 | + | PUBLIC MEETINGS.5 |
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| 257 | + | (7) (a) PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE TASK6 |
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| 258 | + | FORCE, AT A MINIMUM, SHALL ANALYZE:7 |
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| 259 | + | (I) WHETHER A STUDY SHOULD BE CONDUCTED TO DETERMINE THE8 |
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| 260 | + | EFFECTIVENESS OF MANDATORY REPORTING IN SERVING CHILDREN AND9 |
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| 261 | + | FAMILIES AND DETERMINE THE NECESSARY FUNDING FOR A STUDY. IF THE10 |
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| 262 | + | TASK FORCE DETERMINES THERE SHOULD BE A STUDY , THE STUDY MUST11 |
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| 263 | + | INCLUDE AN ANALYSIS ON WHETHER ENHANCED SCREENING TECHNIQUES12 |
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| 264 | + | FOR ACCEPTING REPORTS MAY MITIGATE THE DISPROPORTIONATE IMPACT13 |
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| 265 | + | OF MANDATORY REPORTING ON UNDER -RESOURCED COMMUNITIES,14 |
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| 266 | + | COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES.15 |
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| 267 | + | (II) THE DISPROPORTIONATE IMPACT OF MANDATORY REPORTING16 |
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| 268 | + | ON UNDER-RESOURCED COMMUNITIES, COMMUNITIES OF COLOR, AND17 |
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| 269 | + | PERSONS WITH DISABILITIES;18 |
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| 270 | + | (III) STANDARDIZED TRAINING THAT ADDRESSES IMPLICIT BIAS;19 |
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| 271 | + | (IV) ALTERNATIVE PROCESSES AND SERVICES FOR FAMILIES WHO20 |
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| 272 | + | DO NOT PRESENT MANDATORY REPORTERS WITH CHILD ABUSE OR NEGLECT21 |
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| 273 | + | CONCERNS BUT WHO WOULD BENEFIT FROM ALTERNATIVE SERVICES ;22 |
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| 274 | + | (V) STANDARDIZED TRAINING THAT ADDRESSES THE23 |
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| 275 | + | REQUIREMENTS OF THE LAW PURSUANT TO THIS PART 3;24 |
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| 276 | + | (VI) THE DEFINITION OF "IMMEDIATELY" AND HOW REPORTING25 |
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| 277 | + | TIME FRAMES AFFECT MANDATORY REPORTERS FROM DIFFERENT26 |
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| 278 | + | PROFESSIONS;27 |
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| 279 | + | 1240 |
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| 280 | + | -9- (VII) REPORTING TIME FRAMES FOR MANDATORY REPORTERS WHO1 |
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| 281 | + | ARE CREATING A SAFETY PLAN FOR VICTIMS OF DOMESTIC VIOLENCE ,2 |
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| 282 | + | SEXUAL ASSAULT, OR STALKING TO ENSURE THE SAFETY OF THE VICTIM3 |
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| 283 | + | AND THE VICTIM'S FAMILY MEMBERS WHILE CREATING THE SAFETY PLAN;4 |
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| 284 | + | (VIII) MEDICAL CHILD ABUSE AND THE PROCESS TO REPORT5 |
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| 285 | + | MEDICAL CHILD ABUSE;6 |
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| 286 | + | (IX) WHETHER MANDATORY REPORTERS SHOULD REPORT7 |
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| 287 | + | INCIDENTS OBSERVED OUTSIDE OF A MANDATORY REPORTER 'S8 |
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| 288 | + | PROFESSIONAL CAPACITY;9 |
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| 289 | + | (X) WHETHER A MANDATORY REPORTER WHO IS EMPLOYED BY , AN10 |
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| 290 | + | AGENT OF, OR A CONTRACTOR FOR AN ATTORNEY WHO IS PROVIDING11 |
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| 291 | + | LEGAL REPRESENTATION IS EXEMPT FROM THE REPORTING REQUIREMENTS12 |
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| 292 | + | DESCRIBED IN SECTION 19-3-304;13 |
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| 293 | + | (XI) MANDATORY REPORTING REQUIREMENTS FOR MANDATORY14 |
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| 294 | + | REPORTERS WHO HAVE KNOWLEDGE OR REASONABLE CAUSE TO KNOW OR15 |
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| 295 | + | SUSPECT THAT A CHILD OR YOUTH IS THE VICTIM OF DATING VIOLENCE OR16 |
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| 296 | + | SEXUAL ASSAULT;17 |
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| 297 | + | (XII) A REPORTING PROCESS FOR TWO OR MORE MANDATORY18 |
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| 298 | + | REPORTERS TO REPORT CHILD ABUSE OR NEGLECT WHO HAVE JOINT19 |
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| 299 | + | KNOWLEDGE OR JOINT REASONABLE CAUSE TO MAKE A REPORT OF CHILD20 |
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| 300 | + | ABUSE OR NEGLECT;21 |
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| 301 | + | (XIII) WHETHER THE DUTY TO REPORT REMAINS WITH THE22 |
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| 302 | + | MANDATORY REPORTER WHO HAS REASONABLE CAUSE TO KNOW OR23 |
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| 303 | + | SUSPECT THAT A CHILD HAS BEEN SUBJECTED TO CHILD ABUSE OR24 |
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| 304 | + | NEGLECT;25 |
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| 305 | + | (XIV) WHETHER INSTITUTIONS THAT EMPLOY MANDATORY26 |
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| 306 | + | REPORTERS MAY DEVELOP PROCEDURES TO ASSIST MANDATORY27 |
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| 307 | + | 1240 |
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| 308 | + | -10- REPORTERS IN FULFILLING REPORTING REQUIREMENTS, AS DESCRIBED IN1 |
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| 309 | + | SECTION 19-3-307;2 |
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| 310 | + | (XV) TRAINING REQUIREMENTS FOR PEOPLE APPLYING FOR OR3 |
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| 311 | + | RENEWING A PROFESSIONAL LICENSE FOR A PROFESSION THAT IS4 |
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| 312 | + | IDENTIFIED AS A PROFESSION REQUIRED TO REPORT CHILD ABUSE OR5 |
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| 313 | + | NEGLECT PURSUANT TO SECTION 19-3-304;6 |
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| 314 | + | (XVI) THE PERSONAL INFORMATION OF A CHILD, AS SET FORTH IN7 |
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| 315 | + | SECTION 19-3-307 (2), THAT IS COLLECTED FOR A REPORT;8 |
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| 316 | + | (XVII) STANDARDIZED TRAINING REGARDING THE COUNTY9 |
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| 317 | + | DEPARTMENTS' PROCESS TO DETERMINE WHICH REPORTS MEET THE10 |
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| 318 | + | THRESHOLD FOR ASSESSMENT AND INVESTIGATION ;11 |
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| 319 | + | (XVIII) THE BENEFITS OF AN ELECTRONIC REPORTING PLATFORM12 |
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| 320 | + | FOR THE STATE; AND13 |
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| 321 | + | (XIX) A PROCESS FOR INTER - AND INTRA-AGENCY14 |
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| 322 | + | COMMUNICATIONS, CONFIRMING RECEIPT OF REPORTS, AND, IN SOME15 |
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| 323 | + | CIRCUMSTANCES, SHARING THE OUTCOME OF REPORTS WITH CERTAIN16 |
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| 324 | + | MANDATORY REPORTERS .17 |
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| 325 | + | (b) THE TASK FORCE MAY ESTABLISH STANDING SUBCOMMITTEES18 |
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| 326 | + | TO STUDY THE ISSUES IDENTIFIED IN SUBSECTION (7)(a) OF THIS SECTION.19 |
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| 327 | + | (8) THE TASK FORCE SHALL ANALYZE NATIONAL BEST PRACTICES20 |
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| 328 | + | AND CONSULT WITH ADDITIONAL STAKEHOLDERS AS NEEDED TO ADDRESS21 |
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| 329 | + | ALL ADDITIONAL QUESTIONS NECESSARY TO FINALIZE ITS FINDINGS AND22 |
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| 330 | + | RECOMMENDATIONS FOR M ANDATORY REPORTER TRAINING23 |
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| 331 | + | REQUIREMENTS, REPORTING PROCEDURES, AND CREATING A MORE24 |
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| 332 | + | EQUITABLE MANDATORY REPORTING SYSTEM FOR UNDER-RESOURCED25 |
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| 333 | + | COMMUNITIES, COMMUNITIES OF COLOR, AND PERSONS WITH DISABILITIES26 |
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| 334 | + | WHO ARE DISPROPORTIONATELY IMPACTED BY MANDATORY REPORTING .27 |
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| 335 | + | 1240 |
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| 336 | + | -11- (9) ON OR BEFORE JANUARY 1, 2024, THE TASK FORCE SHALL1 |
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| 337 | + | SUBMIT ITS FIRST-YEAR STATUS REPORT, INCLUDING ITS INITIAL FINDINGS2 |
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| 338 | + | AND RECOMMENDATIONS ON ISSUES IDENTIFIED IN SUBSECTION (7) OF THIS3 |
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| 339 | + | SECTION, TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL4 |
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| 340 | + | HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND5 |
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| 341 | + | HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES ; THE6 |
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| 342 | + | GOVERNOR; AND THE STATE DEPARTMENT.7 |
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| 343 | + | (10) ON OR BEFORE JANUARY 1, 2025, THE TASK FORCE SHALL8 |
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| 344 | + | SUBMIT ITS FINAL REPORT , INCLUDING ITS FINDINGS AND9 |
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| 345 | + | RECOMMENDATIONS ON THE ISSUES IDENTIFIED IN SUBSECTION (7) OF THIS10 |
---|
| 346 | + | SECTION, TO THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL11 |
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| 347 | + | HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND12 |
---|
| 348 | + | HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES; THE13 |
---|
| 349 | + | GOVERNOR; AND THE STATE DEPARTMENT.14 |
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| 350 | + | (11) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.15 |
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| 351 | + | SECTION 3. In Colorado Revised Statutes, 19-3-304.2, amend16 |
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| 352 | + | as added by House Bill 22-1240 (3)(a)(VI)(X) as follows:17 |
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| 353 | + | 19-3-304.2. Mandatory reporter task force - creation -18 |
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| 354 | + | reporting - definitions - repeal. (3) (a) The task force consists of the19 |
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| 355 | + | following members:20 |
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| 356 | + | (VI) The following members, who shall be appointed by the child21 |
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| 357 | + | protection ombudsman or the child protection ombudsman's designee:22 |
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| 358 | + | (X) One member representing a state-licensed child care provider,23 |
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| 359 | + | as defined in section 26-6-102 (6) SECTION 26.5-5-303 (4).24 |
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| 360 | + | SECTION 4. Appropriation. For the 2022-23 state fiscal year,25 |
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| 361 | + | $97,500 is appropriated to the judicial department for use by the office of26 |
---|
| 362 | + | the child protection ombudsman. This appropriation is from the general27 |
---|
| 363 | + | 1240 |
---|
| 364 | + | -12- fund. To implement this act, the office may use this appropriation for1 |
---|
| 365 | + | program costs.2 |
---|
| 366 | + | SECTION 5. Act subject to petition - effective date. (1) Except3 |
---|
| 367 | + | as otherwise provided in subsection (2) of this section, this act takes4 |
---|
| 368 | + | effect at 12:01 a.m. on the day following the expiration of the ninety-day5 |
---|
| 369 | + | period after final adjournment of the general assembly; except that, if a6 |
---|
| 370 | + | referendum petition is filed pursuant to section 1 (3) of article V of the7 |
---|
| 371 | + | state constitution against this act or an item, section, or part of this act8 |
---|
| 372 | + | within such period, then the act, item, section, or part will not take effect9 |
---|
| 373 | + | unless approved by the people at the general election to be held in10 |
---|
| 374 | + | November 2022 and, in such case, will take effect on the date of the11 |
---|
| 375 | + | official declaration of the vote thereon by the governor.12 |
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| 376 | + | (2) Section 3 of this act takes effect only if House Bill 22-129513 |
---|
| 377 | + | becomes law, in which case section 3 takes effect upon the effective date14 |
---|
| 378 | + | of this act or House Bill 22-1295, whichever is later.15 |
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| 379 | + | 1240 |
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| 380 | + | -13- |
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