First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0303.01 Jane Ritter x4342
HOUSE BILL 23-1024
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCREAS E FAMILY RESILIENCY THROUGH101
PROVIDING GREATER SUPPORTS AND PROTECTIONS FOR102
CHILDREN PLACED WITH KIN , INCLUDING RELATIVES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill establishes several measures that protect the best interests
of a child or youth and that will not hinder reunification with the child's
or youth's family when the child or youth has been temporarily placed
outside the family home with a relative or kin (relative), including:
! Permitting a relative to appeal when denied placement of
HOUSE SPONSORSHIP
Gonzales-Gutierrez and Epps,
SENATE SPONSORSHIP
Exum,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. the child or youth with the relative;
! Requiring the department of human services (department),
to use reasonable efforts to help a relative whose barrier to
caring for the child or youth is a lack of resources;
! Amending the court's advisement to the parent so it is
consistent with changes to statute;
! Specifying what information should be included in a notice
to relatives when the child or youth has been removed from
the child's or youth home;
! Requiring that courts give preference to a relative unless
placement with that relative would negatively affect the
child's or youth's health, safety, or welfare or hinder
reunification with the child's or youth's family;
! Providing options for a relative to be allowed to participate
in a child's or youth's care and planning;
! Creating a rebuttable presumption that placement with a
relative is in the child's or youth's best interest as long as
the child's or youth's health or safety is not jeopardized by
the placement; and
! Requiring that caseworkers inform the court of efforts to
identify and place a child or youth with a relative.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Children and youth placed with relatives or kin experience4
greater placement stability, reduced separation trauma, lower rates of5
trauma from institutional abuse, better behavioral and mental health6
outcomes, preservation of identities, and higher rates of reunification with7
parents than children and youth placed in foster homes;8
(b) Federal law requires that children and youth be placed in the9
least restrictive, most family-like environment and that states should10
consider giving preference to adult relatives and kin;11
(c) Colorado's state plan for child welfare systems improvement12
recognizes the importance of placing children and youth with relatives13
HB23-1024-2- and kin, with a goal of fifty percent of initial placements being with1
relatives or kin;2
(d) Over 20 percent of children and youth who age out of foster3
care become homeless and 25 percent of children and youth become4
involved in the criminal justice system within 2 years of aging out of5
foster care;6
(e) When family reunification and kinship guardianship, foster,7
and adoptive placements are promoted and supported, children's and8
youth's family connections and family relationships can reverse such adult9
outcomes;10
(f) Foster care is intended to be temporary. The best interests of11
children and youth in safe, stable, and permanent placements are12
paramount. At the same time, absent aggravating circumstances, it is in13
the best interests of children and youth for parents to be provided14
individualized services, supports, and time needed to address the reasons15
for foster care or other temporary placements of their children or youth.16
(g) When kinship placements can safely be made, extended family17
members available for such placements often face financial and other18
barriers related to access to health and mental health services and19
supports, crisis stabilization services, and other service supports;20
(h) Children and youth in foster care should not have to choose21
between families. These children and youth must be offered the22
opportunity to expand family relationships, not sever or replace them.23
When relationships with relatives and kin are prioritized, protective24
factors increase, promoting current and future well-being.25
(i) The most critical factors for consideration in permanency26
planning should be the safety of the family home and a child's or youth's27
HB23-1024
-3- key attachments and family connections. These factors, rather than the1
number of months spent in foster care, or even a child's or youth's new2
attachment to foster parents, should drive permanency decisions.3
(2) The general assembly therefore declares that it is crucial to4
promote kinship care as an essential permanency option for children and5
youth, to remove barriers to children's and youth's safe care by relatives6
and kin when such children and youth cannot be safely cared for by their7
parents, and to support the provision of resources and services to8
relatives, kin, and other caregivers.9
SECTION 2. In Colorado Revised Statutes, 19-1-109, add (2)(d)10
as follows:11
19-1-109. Appeals - child welfare appeals workgroup - created12
- reports. (2) (d) A
N ORDER DENYING PERMANENT PLACEMENT OF A13
CHILD WITH A RELATIVE OR KIN PURSUANT TO SECTION 19-3-605 IS A14
FINAL AND APPEALABLE ORDER .15
SECTION 3. In Colorado Revised Statutes, 19-3-403, amend16
(3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V); and add (3.6)(a)(VI), (3.6)(d),17
and (9) as follows:18
19-3-403. Temporary custody - hearing - time limits -19
restriction - caregiver rights - rules. (3.6) (a) (III) The court shall20
advise the child's
parents that the child OR YOUTH may be placed with a21
relative if, in the court's opinion, such placement is appropriate and in the22
child's best interests OR KIN. The court shall order the parents to complete23
the form affidavit and advisement described in subsection (3.6)(a)(I) of24
this section no later than seven business days after the HEARING date of25
the hearing or prior to the next hearing on the matter, whichever occurs26
first. T
HE COURT SHALL ASK THE PARENT IF THERE ARE ANY CHANGES TO27
HB23-1024
-4- THE INFORMATION ON THE RELATIVE OR KIN AFFIDAVIT AT HEARINGS HELD1
PURSUANT TO SECTIONS 19-3-507 AND 19-3-702, AND IF THE PARENT HAS2
NOT COMPLETED THE RELATIVE OR KIN AFFIDAVIT , THE COURT SHALL ASK3
THE PARENT, ON THE RECORD, FOR NAMES AND CONTACT INFORMATION4
FOR RELATIVES AND KIN WHOM THE PARENT WOULD LIKE CONSIDERED FOR5
ENGAGEMENT IN THE CASE. The original completed form AFFIDAVIT must6
be filed with the court and a copy delivered to the county department of7
human or social services no later than five business SEVEN days after the8
HEARING date. of the hearing. Each parent, the guardian ad litem or9
counsel for youth, and counsel for each parent, if any, shall MUST also10
receive copies of the completed form
AFFIDAVIT. The court may advise11
each parent of the penalties associated with perjury and contempt of12
court, if necessary. Each parent may suggest an adult relative or relatives,13
OR KIN, whom the parent believes to be the most appropriate caretaker or14
caretakers for the child
OR YOUTH. If appropriate, the child or children
15
shall OR YOUTH MUST be consulted regarding suggested relative OR KIN16
caretakers. The court shall order each parent to notify every relative
OR17
KIN who may be an appropriate relative OR KIN caretaker for the child OR18
YOUTH that failure to come forward in a timely manner may result in the19
child
OR YOUTH being placed permanently outside of the home of the20
child's
relatives OR KIN OF THE CHILD OR YOUTH if the child OR YOUTH is21
not able to return to the child's
OR YOUTH'S home. In addition, the court22
shall advise each parent that failure to identify these relatives
OR KIN in23
a timely manner may result in the child
OR YOUTH being placed24
permanently outside of the home of the child's
relatives OR KIN OF THE25
CHILD OR YOUTH.26
(IV) The court shall order a county department of human or social27
HB23-1024
-5- services to exercise due diligence to contact all grandparents and other1
adult relatives
AND IDENTIFIED KIN within thirty days following
AFTER the2
removal of the child
OR YOUTH and to inform them about placement3
possibilities for the child
OR YOUTH, unless the court determines there is4
good cause not to contact or good cause to delay contacting the child's
OR5
YOUTH'S relatives AND KIN, including, but not limited to, family or6
domestic violence.7
(A) A county department of human or social services shall provide8
notice to the relatives
AND IDENTIFIED KIN that the child OR YOUTH has9
been removed from his or her
THE CHILD'S OR YOUTH'S home, options10
under federal, state, and local law AN EXPLANATION OF THE VARIOUS11
OPTIONS to participate in the child's OR YOUTH'S care or placement AND12
OPTIONS THAT MAY BE AVAILABLE TO SUPPORT THE CHILD 'S OR YOUTH'S13
FAMILY, AND options that may be lost by failing to respond. and14
requirements to become a foster parent, and services and supports15
available to the child placed in a foster home.16
(B) T
HE NOTICE MUST INCLUDE INFORMATION ABOUT PROVIDING17
CARE FOR THE CHILD OR YOUTH WHILE THE FAMILY RECEIVES18
REUNIFICATION SERVICES, WITH THE GOAL OF RETURNING THE CHILD OR19
YOUTH TO THE PARENT OR LEGAL GUARDIAN ; HOW TO BECOME A20
RESOURCE FAMILY; THE RELATIVE'S RIGHT TO INTERVENE IN THE21
PROCEEDINGS WITH OR WITHOUT AN ATTORNEY FOLLOWING22
ADJUDICATION; AND ADDITIONAL SERVICES AND SUPPORTS THAT ARE23
AVAILABLE IN OUT-OF-HOME PLACEMENTS . THE NOTICE MUST ALSO24
INCLUDE INFORMATION REGARDING THE STATE 'S RELATIVE GUARDIANSHIP25
ASSISTANCE PROGRAM , CHILD-ONLY ELIGIBILITY FOR TEMPORARY26
ASSISTANCE FOR NEEDY FAMILIES (TANF), AND ADOPTION ASSISTANCE,27
HB23-1024
-6- AS WELL AS OTHER OPTIONS FOR CONTACT . INFORMATION ABOUT FAMILY1
FOSTER CARE LICENSING, INCLUDING HOW TO REQUEST A VARIANCE FROM2
LICENSING STANDARDS THAT DO NOT PRESENT A SAFETY OR HEALTH RISK3
TO THE CHILD OR YOUTH IN THE HOME AND SUPPORTS THAT ARE4
AVAILABLE FOR RELATIVES AND KIN AND CHILDREN OR YOUTH WHO5
RESIDE IN A FAMILY FOSTER HOME , MUST ALSO BE PROVIDED IN THE6
NOTICE.7
(C) T
HE STATE DEPARTMENT OF HUMAN SERVICES , IN8
CONSULTATION WITH COUNTIES , THE OFFICE OF THE CHILD 'S9
REPRESENTATIVE, AND THE OFFICE OF RESPONDENT PARENTS ' COUNSEL,10
ALONG WITH OTHER INTERESTED STAKEHOLDERS , SHALL DEVELOP THE11
WRITTEN NOTICE AND PROMULGATE RULES FOR THE IMPLEMENTATION OF12
THIS SECTION.13
(D) The county department of human or social services shall14
advise each appropriate identified relative that the possibility for
15
placement of the child in his or her home may terminate at a future date;16
request each such relative
AND IDENTIFIED KIN who is interested in17
becoming a placement option for the child
OR YOUTH to come forward at18
the earliest possible time to seek placement of the child
OR YOUTH in his
19
or her THE RELATIVE'S OR KIN'S home and to cooperate with the county20
department of human or social services to expedite procedures pertaining21
to the placement of the child
OR YOUTH in his or her
THE RELATIVE'S OR22
KIN'S home if the child OR YOUTH cannot be safely returned to the CHILD'S23
OR YOUTH'S PARENTS' home. of the child's parents. The department of24
human services shall promulgate rules for the implementation of this25
subparagraph (IV) and subparagraph (III) of this paragraph (a).26
(V) The court may consider and SHALL give preference to giving27
HB23-1024
-7- temporary custody to a child's OR YOUTH'S relative OR KIN who is1
appropriate, capable, willing, and available for care, if it is in the best2
interests of the child UNLESS THE COURT DETERMINES PLACEMENT WITH3
THE RELATIVE OR KIN WOULD JEOPARDIZE THE CHILD 'S OR YOUTH'S4
MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY OR HINDER5
EFFORTS TO REUNITE THE PARENT AND CHILD OR YOUTH , and if the court6
finds that there is no suitable birth or adoptive parent available, with due7
diligence having been exercised in attempting to locate any such birth or8
adoptive parent. A
PARENT'S OBJECTION TO PLACEMENT WITH A9
PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT10
THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION . The court11
may place or continue custody with the county department of human or12
social services if the court is satisfied from the information presented at13
the hearing that such custody is appropriate and in the child's
OR YOUTH'S14
best interests, or the court may enter such other orders as are appropriate.15
The court may authorize the county department of human or social16
services with custody of a child
OR YOUTH to place the child OR YOUTH17
with a relative
OR KIN without the necessity for a hearing if a county18
department
OF HUMAN OR SOCIAL SERVICES locates an appropriate,
A19
capable and willing relative
OR KIN who is available to care for the child20
OR YOUTH and the guardian ad litem of the child OR YOUTH concurs that21
the placement is in the best interests of the child
OR YOUTH. If the county22
department of human or social services places a child
OR YOUTH with a23
relative
OR KIN without a hearing pursuant to the provisions of
this24
subsection (3.6)(a)(V), the county department
OF HUMAN OR SOCIAL25
SERVICES shall fully inform the court of the details concerning the child's26
OR YOUTH'S placement on the record at the next hearing. If the court27
HB23-1024
-8- enters an order removing a child OR YOUTH from the home or continuing1
a child
OR YOUTH in a placement out of the home, the court shall make the2
findings required pursuant to section 19-1-115 (6), if such findings are3
warranted by the evidence.4
(VI) T
HE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR5
SOCIAL SERVICES OR OTHER SOCIAL SERVICES AGENCY SHALL EXERCISE6
DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN WHO7
RESPOND TO THE NOTICE REQUIRED PURSUANT TO SUBSECTION8
(3.6)(a)(IV)
OF THIS SECTION. UPON A REQUEST BY A RELATIVE OR KIN OR9
PARTY TO THE PROCEEDINGS, THE COURT MAY CONDUCT A REVIEW OF THE10
APPLICABLE AGENCY'S DUE DILIGENCE TO CONTACT AND ENGAGE11
RELATIVES AND KIN PURSUANT TO SUBSECTION (3.6)(a)(IV) OF THIS12
SECTION. IF THE COURT FINDS THAT THE APPLICABLE AGENCY DID NOT13
EXERCISE DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN14
WHO RESPONDED TO THE NOTICE, THE COURT MAY ORDER THE APPLICABLE15
AGENCY TO EXERCISE DUE DILIGENCE BY ENGAGING THE RELATIVES AND16
KIN IN THE FOLLOWING ACTIVITIES RELATED TO THE CARE AND PLANNING17
FOR A CHILD OR YOUTH, DETERMINED IN CONSULTATION WITH THE OTHER18
PARTIES:19
(A) P
ARTICIPATING IN CASE PLANNING FOR THE CHILD OR YOUTH20
AND THE CHILD'S OR YOUTH'S PARENT, INCLUDING IDENTIFYING SERVICES21
AND RESOURCES THAT MEET THE INDIVIDUALIZED NEEDS OF THE CHILD OR22
YOUTH AND THE CHILD'S OR YOUTH'S PARENT. A RELATIVE'S OR KIN'S23
PARTICIPATION IN CASE PLANNING MAY BE IN PERSON , VIA PHONE, OR BY24
ELECTRONIC MEANS.25
(B) I
DENTIFYING THE STRENGTHS AND NEEDS OF THE CHILD OR26
YOUTH AND THE CHILD'S OR YOUTH'S PARENT;27
HB23-1024
-9- (C) ASKING THE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN1
OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, TO CONSIDER2
THE RELATIVE OR KIN FOR PLACEMENT WITH THE CHILD OR YOUTH3
PURSUANT TO SUBSECTION (3.6)(a)(IV)(D) OF THIS SECTION;4
(D) A
CTING AS A SUPPORT PERSON FOR THE CHILD OR YOUTH , THE5
CHILD'S OR YOUTH'S PARENT, AND THE CHILD'S OR YOUTH'S CURRENT6
CAREGIVER, INCLUDING COLLABORATING WITH FOSTER PARENTS TO7
SUPPORT A HEALTHY TRANSITION FOR A CHILD OR YOUTH TO FAMILY TIME8
OR PLACEMENT WITH A RELATIVE , WHEN APPROPRIATE;9
(E) S
UPERVISING FAMILY TIME WHEN AUTHORIZED PURSUANT TO10
SECTION 19-3-217;11
(F) P
ROVIDING RESPITE CARE FOR THE CHILD OR YOUTH AND12
HAVING FAMILY VACATION TIME WITH THE CHILD OR YOUTH ;13
(G) P
ROVIDING TRANSPORTATION ;14
(H) S
UGGESTING OTHER RELATIVES OR KIN WHO MAY BE ABLE TO15
PARTICIPATE IN THE CASE PLAN OR WHOM THE COUNTY DEPARTMENT OF16
HUMAN OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, MAY17
CONSIDER FOR THE PLACEMENT OF THE CHILD OR YOUTH . THE COUNTY18
DEPARTMENT OF HUMAN OR SOCIAL SERVICES , OR OTHER SOCIAL SERVICES19
AGENCY, SHALL SEND A NOTICE TO EACH RELATIVE OR KIN IDENTIFIED BY20
OTHER RELATIVES OR KIN, UNLESS A RELATIVE OR KIN RECEIVED THE21
NOTICE EARLIER IN THE CASE OR WAS RULED OUT AS A RESOURCE OR22
PLACEMENT BY THE COURT.23
(I) H
ELPING MAINTAIN THE CHILD'S OR YOUTH'S FAMILIAR AND24
REGULAR ACTIVITIES, AS WELL AS CONTACT WITH THE CHILD'S OR YOUTH'S25
FRIENDS, RELATIVES, AND KIN, INCLUDING PROVIDING SUPERVISION OF THE26
CHILD OR YOUTH AT FAMILY GATHERINGS AND EVENTS ; AND27
HB23-1024
-10- (J) PARTICIPATING IN THE CHILD'S OR YOUTH'S FAMILY AND1
PERMANENCY TEAM IF THE CHILD OR YOUTH IS PLACED IN A QUALIFIED2
RESIDENTIAL TREATMENT PROGRAM .3
(d) A
RELATIVE OR KIN CAREGIVER HAS THE RIGHT TO :4
(I) B
E TREATED WITH DIGNITY AND RESPECT AND TO BE5
CONSIDERED AS A TEAM MEMBER WHO IS MAKING IMPORTANT6
CONTRIBUTIONS TO THE OBJECTIVES OF THE CHILD WELFARE SYSTEM ,7
INCLUDING THE REUNIFICATION OF THE CHILD OR YOUTH WITH THE CHILD 'S8
OR YOUTH'S PARENTS WHENEVER SAFELY POSSIBLE ;9
(II) R
ECEIVE TRAINING AND SUPPORT FROM THE STATE10
DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN11
OR SOCIAL SERVICES TO IMPROVE THE CAREGIVER 'S SKILLS IN PROVIDING12
DAILY CARE AND MEETING THE SPECIAL NEEDS OR DISABILITY -RELATED13
NEEDS OF A CHILD OR YOUTH IN THE CAREGIVER 'S CARE;14
(III) B
E INFORMED BY THE APPLICABLE CHILD PLACEMENT AGENCY15
OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ABOUT HOW TO16
REACH AFTER-HOURS CONTACTS; AND17
(IV) B
E INFORMED ABOUT AVAILABLE FINANCIAL ASSISTANCE AND18
THE FINANCIAL CONSEQUENCES OF NOT PURSUING CERTIFICATION AS A19
FOSTER HOME, INCLUDING INELIGIBILITY FOR THE STATE 'S RELATIVE20
GUARDIANSHIP ASSISTANCE PROGRAM .21
(9) I
F THE SOLE ISSUE PREVENTING AN EMERGENCY PLACEMENT OF22
A CHILD WITH A RELATIVE OR KIN IS A LACK OF RESOURCES, THE COUNTY23
DEPARTMENT SHALL USE REASONABLE EFFORTS TO ASSIST THE RELATIVE24
OR KIN WITH OBTAINING THE NECESSARY ITEMS WITHIN EXISTING25
AVAILABLE RESOURCES.26
SECTION 4. In Colorado Revised Statutes, 19-3-507, amend (4)27
HB23-1024
-11- and (5)(a); and add (1)(b.5), (1)(d), (5)(d), and (6) as follows:1
19-3-507. Dispositional hearing. (1) (b.5) I
F THE COUNTY2
DEPARTMENT LOCATES A CAPABLE , WILLING, AND AVAILABLE RELATIVE3
OR KIN FOR THE CHILD OR YOUTH, IT IS PRESUMED THAT PLACEMENT OF4
THE CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN THE BEST5
INTERESTS OF THE CHILD OR YOUTH. THE PRESUMPTION MAY BE REBUTTED6
BY A PREPONDERANCE OF THE EVIDENCE SHOWING THAT PLACEMENT WITH7
THE RELATIVE OR KIN WOULD JEOPARDIZE THE CHILD 'S OR YOUTH'S8
MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY OR HINDER9
EFFORTS TO REUNITE THE PARENT AND CHILD OR YOUTH . A PARENT'S10
OBJECTION TO PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT11
ALONE SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT WOULD12
HINDER REUNIFICATION. WHEN A CHILD OR YOUTH IS NOT IN A RELATIVE13
OR KIN PLACEMENT AND A RELATIVE OR KIN HAS REQUESTED PLACEMENT14
OF A CHILD OR YOUTH, BUT ANOTHER PARTY OBJECTS TO THE PLACEMENT15
WITH THE RELATIVE OR KIN, THE COURT SHALL HOLD A HEARING WITHIN16
SIXTY-THREE DAYS AFTER THE OBJECTI ON TO DETERMINE WHETHER THE17
CHILD OR YOUTH MUST BE PLACED WITH THE RELATIVE OR KIN . WHEN A18
CHILD OR YOUTH RESIDES WITH A RELATIVE OR KIN, ANY OTHER RELATIVE19
OR KIN SEEKING A PLACEMENT CHANGE SHALL ADDRESS THE FACTORS SET20
FORTH IN SECTION 19-3-702 (6). THE COURT SHALL ONLY APPROVE A21
PLACEMENT CHANGE IF THE OTHER RELATIVE OR KIN DEMONSTRATED THE22
FACTORS SET FORTH IN SECTION 19-3-702 (6) BY A PREPONDERANCE OF23
THE EVIDENCE.24
(d) I
F THE COURT DENIES PLACEMENT WITH A RELATIVE OR KIN ,25
THE COURT SHALL MAKE DETAILED FINDINGS REGARDING THE REASONS26
FOR DENIAL. A DECISION BY A RELATIVE OR KIN TO NOT BE INITIALLY27
HB23-1024
-12- IDENTIFIED AS A POTENTIAL PLACEMENT RESOURCE MUST NOT BE THE1
SOLE BASIS FOR THE COURT TO LATER RULE OUT THE RELATIVE OR KIN AS2
THE CHILD'S OR YOUTH'S PERMANENT PLACEMENT . WHEN DETERMINING3
WHETHER A CHILD OR YOUTH SHOULD BE PLACED WITH A RELATIVE OR4
KIN, THE COURT SHALL NOT CONSIDER ANY OF THE FOLLOWING FACTORS5
UNLESS ONE OF THE FACTORS WOULD THREATEN THE MENTAL , PHYSICAL,6
AND EMOTIONAL HEALTH OR SAFETY OF THE CHILD OR YOUTH :7
(I) T
HE SIZE OF THE HOME, INCLUDING WHETHER THE CHILD OR8
YOUTH WOULD HAVE A SEPARATE ROOM ;9
(II) T
HE SOCIOECONOMIC STATUS OF THE RELATIVE OR KIN10
COMPARED TO OTHER AVAILABLE PLACEMENT OPTIONS ;11
(III) T
HE ABILITY OF THE RELATIVE OR KIN TO SUPPORT THE12
CHILD'S OR YOUTH'S PARTICIPATION IN EXTRACURRICULAR ACTIVITIES OR13
TO PROVIDE OTHER BENEFITS TO THE CHILD OR YOUTH THAT ARE14
UNRELATED TO THE CHILD 'S OR YOUTH'S MENTAL, PHYSICAL, OR15
EMOTIONAL HEALTH OR SAFETY ;16
(IV) O
RDINARY BONDING OR ATTACHMENT THAT OCCURRED17
DURING TIME SPENT IN FOSTER PLACEMENT ;18
(V) I
MMIGRATION STATUS OF THE RELATIVE OR KIN ;19
(VI) A
GE OR ANY DISABILITY OF THE RELATIVE OR KIN; OR20
(VII) C
RIMINAL BACKGROUND , AFTER CONSIDERING THE21
FOLLOWING FACTORS IN DETERMINING WHETHER THE INDIVIDUAL 'S22
CRIMINAL HISTORY IS GROUNDS FOR DENYING PLACEMENT OF THE CHILD23
OR YOUTH WITH A RELATIVE OR KIN:24
(A) T
HE NATURE OF THE CRIME OF CONVICTION ;25
(B) W
HETHER THERE IS A DIRECT RELATIONSHIP BETWEEN THE26
CONVICTION AND THE RELATIVE 'S OR KIN'S ABILITY TO PROVIDE27
HB23-1024
-13- COMPETENT AND SAFE CARE TO THE CHILD OR YOUTH ;1
(C) L
ENGTH OF TIME SINCE CONVICTION; AND2
(D) E
VIDENCE OF REHABILITATION.3
(4) (a) In any case in which the disposition is placement out of the4
home, except for children
OR YOUTH committed to the department of5
human services, the court shall, at the time of placement, set a review6
within ninety
NINETY-ONE days to determine whether continued7
placement is necessary and in the best interests of the child
OR YOUTH and8
the community, and whether reasonable efforts have been made to return9
the child
OR YOUTH to the home or, in the case of a sibling group, whether10
it is in the best interests of the children
OR YOUTH in the sibling group to11
be placed together. If the county department locates an appropriate,12
capable, willing, and available joint placement for all of the children
OR13
YOUTH in the sibling group, it shall be
IS presumed that placement of the14
entire sibling group in the joint placement is in the best interests of the15
children
OR YOUTH. Such presumption may be rebutted by a16
preponderance of the evidence that placement of the entire sibling group17
in the joint placement is not in the best interests of a child, or of the
18
children,
OR YOUTH.19
(b) I
F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,20
AND AVAILABLE RELATIVE OR KIN FOR THE CHILD , CHILDREN, OR YOUTH,21
IT IS PRESUMED THAT PLACEMENT OF THE CHILD , CHILDREN, OR YOUTH22
WITH THE RELATIVE OR KIN IS IN THE BEST INTERESTS OF THE CHILD ,23
CHILDREN, OR YOUTH. THE PRESUMPTION MAY BE REBUTTED BY A24
PREPONDERANCE OF THE EVIDENCE THAT PLACEMENT OF THE CHILD ,25
CHILDREN, OR YOUTH WITH THE RELATIVE OR KIN WOULD JEOPARDIZE THE26
MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY OF THE CHILD ,27
HB23-1024
-14- CHILDREN, OR YOUTH OR HINDER EFFORTS TO REUNITE THE PARENT AND1
THE CHILD, CHILDREN, OR YOUTH. A PARENT'S OBJECTION TO PLACEMENT2
WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW3
THAT THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION .4
(c) The judge shall review the family services plan document5
regarding placement of siblings. Notice of said review shall be given by6
SIBLINGS AND EFFORTS TO LOCATE RELATIVES OR KIN . IF THE CHILD OR7
YOUTH IS RESIDING WITH A RELATIVE OR KIN, THE FAMILY SERVICES PLAN8
MUST DESCRIBE REASONABLE EFFORTS THE COUNTY WILL MAKE TO9
MAINTAIN THE CHILD OR YOUTH IN THE RELATIVE OR KINSHIP HOME AND10
TO NOT REMOVE THE CHILD OR YOUTH FROM THE KINSHIP OR RELATIVE11
HOME EXCEPT TO EFFECTUATE A PERMANENCY GOAL OF REUNIFICATION12
OR UPON A SHOWING THAT REMAINING IN THE KINSHIP PLACEMENT IS13
CONTRARY TO THE CHILD 'S OR YOUTH'S MENTAL, PHYSICAL, OR14
EMOTIONAL HEALTH OR SAFETY, OR THE RELATIVE OR KINSHIP PLACEMENT15
DECIDES THEY ARE NO LONGER ABLE TO CARE FOR THE CHILD OR YOUTH .16
The court
SHALL GIVE NOTICE OF THE REVIEW to all parties and to the17
director of the facility or agency in which the child
OR YOUTH is placed18
and any person who has physical custody of the child,
CHILDREN, OR19
YOUTH and any attorney or guardian ad litem of record. The review shall20
be conducted in accordance with section 19-1-115 (8)(f).21
(5) (a) Parents, grandparents,
OR relatives or foster parents who
22
have the child in their care for more than three months who have23
information or knowledge concerning the care and protection of the child24
OR YOUTH may intervene as a matter of right following adjudication with25
or without counsel.26
(d) F
OSTER PARENTS OR NON-RELATIVE KIN WHO HAVE THE CHILD27
HB23-1024
-15- IN THEIR CARE FOR TWELVE MONTHS OR MORE MAY INTERVENE , WITH OR1
WITHOUT COUNSEL, FOLLOWING ADJUDICATION . FOSTER PARENTS OR2
NON-RELATIVE KIN WHO INTERVENE ARE LIMITED TO PROVIDING3
INFORMATION AS TO THE CARE AND PROTECTION OF THE CHILD . WHEN4
CONSIDERING THE PARTICIPATION OF FOSTER PARENT INTERVENORS AT5
CONTESTED HEARINGS, THE COURT SHALL CONSIDER AND MAKE FINDINGS6
AS TO WHETHER THE FOSTER PARENTS POSSESS RELEVANT EVIDENCE THAT7
THE COURT IS NOT LIKELY TO RECEIVE FROM OTHER PARTIES . FOSTER8
PARENTS MAY NOT PARTICIPATE IN TERMINATION OF PARENTAL RIGHTS9
PROCEEDINGS. A FOSTER PARENT MAY NOT, ON THE FOSTER PARENT'S OWN10
MOTION, SEEK TO RESTRICT FAMILY TIME BETWEEN A CHILD AND THE11
PARENT OR RELATIVES, FILE A PETITION TO TERMINATE PARENTAL RIGHTS,12
OR APPEAL A DENIAL OF TERMINATION OF PARENTAL RIGHTS .13
(6) N
OTHING IN THIS SECTION IS INTENDED TO CREATE STANDING14
FOR FOSTER PARENTS TO PURSUE INDEPENDENT LEGAL ACTION OR TO15
CONFER ADDITIONAL RIGHTS UPON FOSTER PARENTS .16
SECTION 5. In Colorado Revised Statutes, 19-3-508, amend (1)17
introductory portion, (1)(b), and (5) as follows:18
19-3-508. Neglected or dependent child or youth - disposition19
- concurrent planning - definition. (1) When a child
OR YOUTH has20
been adjudicated to be neglected or dependent, the court may enter a21
decree of disposition the same day, but in any event it shall do so within22
forty-five
FORTY-TWO days, unless the court finds that the best interests23
of the child
OR YOUTH will be served by granting a delay. In a county24
designated pursuant to section 19-1-123, if the child
OR YOUTH is under
25
LESS THAN six years of age at the time a petition is filed in accordance26
with section 19-3-501 (2), the court shall enter a decree of disposition27
HB23-1024
-16- within thirty TWENTY-EIGHT days after the adjudication and shall not1
grant a delay unless good cause is shown and unless the court finds that2
the best interests of the child
OR YOUTH will be served by granting the3
delay. It is the intent of the general assembly that the dispositional hearing4
be held on the same day as the adjudicatory hearing, whenever possible.5
If a delay is granted, the court shall set forth the reasons why a delay is6
necessary and the minimum amount of time needed to resolve the reasons7
for the delay and shall schedule the hearing at the earliest possible time8
following the delay. When the proposed disposition is termination of the9
parent-child legal relationship, the hearing on termination must not be10
held on the same date as the adjudication, and the time limits set forth11
above for dispositional hearings do not apply. When the proposed12
disposition is termination of the parent-child legal relationship, the court13
may continue the dispositional hearing to the earliest available date for a14
hearing in accordance with the provisions of
subsection (3)(a) of this15
section and part 6 of this article 3. When the decree does not terminate the16
parent-child legal relationship, the court shall approve an appropriate17
treatment plan that must include, but not be limited to, one or more of the18
following provisions of subsections (1)(a) to (1)(d) of this section:19
(b) The court may place the child
OR YOUTH in the legal custody20
of a relative
OR KIN, including the child's OR YOUTH'S grandparent, or21
other suitable person, with or without protective supervision, under such22
conditions as the court deems necessary and appropriate. If a child
OR23
YOUTH is not placed with a parent pursuant to paragraph (a) of this
24
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL25
GIVE preference may be given by the court for TO placement with a26
grandparent pursuant to this paragraph (b) if in the best interests of the27
HB23-1024
-17- child OR OTHER RELATIVE. IF THE COUNTY DEPARTMENT LOCATES A1
CAPABLE, WILLING, AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR2
YOUTH, IT IS PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH3
THE RELATIVE OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH .4
(5) (a) In placing the legal custody or guardianship of the person5
of a child
OR YOUTH with an individual or a private agency, the court shall6
give primary consideration to the welfare of the child
OR YOUTH but shall7
take into consideration the religious
AND CULTURAL preferences of the8
child
OR YOUTH or of his
THE parents, whenever practicable.9
(b) (I) If the court finds that placement out of the home is10
necessary and is in the best interests of the child
OR YOUTH and the11
community, the court shall place the child
OR YOUTH with a relative OR12
KIN, including the child's OR YOUTH'S grandparent, as provided in13
paragraph (b) of subsection (1)
SUBSECTION (1)(b) of this section, if14
UNLESS such placement is in the child's best interests WOULD JEOPARDIZE15
THE MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY OF THE CHILD16
OR YOUTH OR HINDER EFFORTS TO REUNITE THE PARENT AND CHILD OR17
YOUTH. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR18
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED19
PLACEMENT WOULD HINDER REUNIFICATION . The court shall place the20
child
OR YOUTH in the facility or setting that most appropriately meets the21
needs of the child
OR YOUTH, the family, and the community. In making22
its decision as to proper placement, the court shall utilize the evaluation23
for placement prepared pursuant to section 19-1-107. If the court deviates24
from the recommendations of the evaluation for placement in a manner25
that results in a difference in the cost of the disposition ordered by the26
court and the cost of the disposition recommended in the evaluation, the27
HB23-1024
-18- court shall make specific findings of fact relating to its decision,1
including the monthly cost of the placement, if ordered. T
HE COURT2
SHALL SEND a copy of such findings shall be sent
to the chief justice of3
the supreme court, who shall report annually
ON SUCH ORDERS AND4
FINDINGS OF FACT to the joint budget committee, and annually to the
5
health, environment, welfare, and institutions committees THE PUBLIC AND6
BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE of the house of7
representatives, and
THE HEALTH AND HUMAN SERVICES COMMITTEE OF8
THE senate, OR ANY SUCCESSOR COMMITTEES . of the general assembly on
9
such orders.10
(II) Notwithstanding the provisions of subparagraph (I) of this11
paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION to the contrary, when12
the child
OR YOUTH is part of a sibling group and the sibling group is13
being placed out of the home, if the county department locates an
14
appropriate A capable, willing, and available joint placement for all of the15
children
OR YOUTH in the sibling group, it shall be
IS presumed that16
placement of the entire sibling group in the joint placement is in the best17
interests of the children Such OR YOUTH. THE presumption may be18
rebutted by a preponderance of the evidence that placement of the entire19
sibling group in the joint placement is not in the best interests of a child,20
or of the children, OR YOUTH.21
(III) I
F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,22
AND AVAILABLE RELATIVE OR KIN FOR THE CHILD , CHILDREN, OR YOUTH,23
IT IS PRESUMED THAT PLACEMENT OF THE CHILD , CHILDREN, OR YOUTH24
WITH THE RELATIVE OR KIN IS IN THE BEST INTERESTS OF THE CHILD ,25
CHILDREN, OR YOUTH. THE PRESUMPTION MAY BE REBUTTED BY A26
PREPONDERANCE OF THE EVIDENCE THAT PLACEMENT OF THE CHILD ,27
HB23-1024
-19- CHILDREN, OR YOUTH WITH THE RELATIVE OR KIN WOULD JEOPARDIZE THE1
MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY OF THE CHILD ,2
CHILDREN, OR YOUTH OR HINDER EFFORTS TO REUNITE THE PARENT AND3
CHILD, CHILDREN, OR YOUTH. A PARENT'S OBJECTION TO PLACEMENT WITH4
A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT5
THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION . PLACEMENT6
WITH A RELATIVE OR KIN MUST BE CONSIDERED AND INVESTIGATED WHEN7
THE CHILD OR YOUTH ENTERS FOSTER CARE , IS MOVED FROM A FOSTER8
HOME, OR RETURNS TO FOSTER CARE AFTER THE CHILD OR YOUTH HAS9
ACHIEVED PERMANENCY . AS USED IN THIS SUBSECTION (5), "RELATIVE"10
INCLUDES A MEMBER OF THE CHILD'S OR YOUTH'S BIRTH FAMILY, ADOPTIVE11
FAMILY, AND KIN, AS DEFINED IN SECTION 19-1-103, REGARDLESS OF12
WHETHER PARENTAL RIGHTS WERE TERMINATED .13
SECTION 6. In Colorado Revised Statutes, 19-3-702, amend14
(5)(e) and (6)(h) as follows:15
19-3-702. Permanency hearing. (5) For a child or youth in a16
case designated pursuant to section 19-1-123 only:17
(e) At each permanency planning hearing, the caseworker shall18
provide the court with a written or verbal report specifying what efforts19
have been made to identify a permanent home for the child
OR YOUTH and20
what services have been provided to the child
OR YOUTH to facilitate21
identification of a permanent home,
INCLUDING THE DEPARTMENT 'S22
CONTINUOUS EFFORTS TO IDENTIFY RELATIVES AND KIN AND TO ENGAGE23
THE RELATIVES AND KIN IN PROVIDING SUPPORT FOR THE CHILD OR YOUTH24
AND FAMILY, AND DOCUMENT THAT THE RELATIVES AND KIN HAVE BEEN25
PROVIDED NOTICE AS REQUIRED BY SECTION 19-3-403 (3.6)(a)(IV). THE26
DEPARTMENT SHALL ALSO REPORT ANY DECISION REGARDING PLACING27
HB23-1024
-20- THE CHILD OR YOUTH WITH A RELATIVE OR KIN . IF THE DEPARTMENT1
DETERMINES THAT PLACEMENT WITH A RELATIVE OR KIN WOULD2
JEOPARDIZE THE MENTAL, PHYSICAL, OR EMOTIONAL HEALTH OR SAFETY3
OF THE CHILD OR YOUTH OR HINDER EFFORTS TO REUNITE THE CHILD OR4
YOUTH AND PARENT , THE DEPARTMENT SHALL EXPLAIN WHY ANY5
IDENTIFIED RELATIVES OR KIN HAVE BEEN RULED OUT FOR PLACEMENT .6
(6) If a placement change is contested by a party and the child or7
youth is not reunifying with a parent or legal guardian, the court shall8
consider all pertinent information, including the child's or youth's wishes,9
related to modifying the placement of the child or youth prior to removing10
the child or youth from the child's or youth's placement, and including the11
following:12
(h) The child's or youth's attachment to the child's or youth's13
caregiver at the time of the hearing and the possible effects on the child's14
or youth's emotional well-being if the child or youth is removed from the15
caregiver's home. H
OWEVER, PLACEMENT WITH A CHILD'S OR YOUTH'S16
RELATIVE OR KIN SHOULD NOT BE DENIED BASED SOLELY UPON THE17
ORDINARY BONDING AND ATTACHMENT TO A FOSTER PARENT AS A RESULT18
OF TIME SPENT IN THE HOME. THE COURT SHALL CONSIDER THE NUMBER19
OF PRIOR PLACEMENTS AND ANY SUBSEQUENT CAREGIVERS ' ABILITY TO20
PROVIDE EMOTIONAL AND PSYCHOLOGICAL SUPPORT WHEN CONSIDERING21
A CHANGE OF PLACEMENT.22
SECTION 7. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
HB23-1024
-21- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
HB23-1024
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