First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0303.01 Jane Ritter x4342
HOUSE BILL 23-1024
House Committees Senate Committees
Judiciary
Public & Behavioral Health & Human Services
Appropriations
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, AND, IN103
CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
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
HOUSE
Amended 2nd Reading
March 14, 2023
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 law.
Dashes through the words or numbers indicate deletions from existing law. outside the family home with a relative or kin (relative), including:
! Permitting a relative to appeal when denied placement of
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
1024-2- recognizes the importance of placing children and youth with relatives1
and kin, with a goal of fifty percent of initial placements being with2
relatives or kin;3
(d) Over 20 percent of children and youth who age out of foster4
care become homeless and 25 percent of children and youth become5
involved in the criminal justice system within 2 years of aging out of6
foster care;7
(e) When family reunification and kinship guardianship, foster,8
and adoptive placements are promoted and supported, children's and9
youth's family connections and family relationships can reverse such adult10
outcomes;11
(f) Foster care is intended to be temporary. The best interests of12
children and youth in safe, stable, and permanent placements are13
paramount. At the same time, absent aggravating circumstances, it is in14
the best interests of children and youth for parents to be provided15
individualized services, supports, and time needed to address the reasons16
for foster care or other temporary placements of their children or youth.17
(g) When kinship placements can safely be made, extended family18
members available for such placements often face financial and other19
barriers related to access to health and mental health services and20
supports, crisis stabilization services, and other service supports;21
(h) Children and youth in foster care should not have to choose22
between families. These children and youth must be offered the23
opportunity to expand family relationships, not sever or replace them.24
When relationships with relatives and kin are prioritized, protective25
factors increase, promoting current and future well-being.26
(i) The most critical factors for consideration in permanency27
1024
-3- planning should be the safety of the family home and a child's or youth's1
key attachments and family connections. These factors, rather than the2
number of months spent in foster care, or even a child's or youth's new3
attachment to foster parents, should drive permanency decisions.4
(2) The general assembly therefore declares that it is crucial to5
promote kinship care as an essential permanency option for children and6
youth, to remove barriers to children's and youth's safe care by relatives7
and kin when such children and youth cannot be safely cared for by their8
parents, and to support the provision of resources and services to9
relatives, kin, and other caregivers.10
SECTION 2. In Colorado Revised Statutes, 19-1-303, amend11
(11)(a) and (11)(d) as follows:12
19-1-303. General provisions - delinquency and dependency13
and neglect cases - exchange of information - civil penalty - rules -14
definitions. (11) (a) The judicial department or any agency described in15
subsection (1)(a) of this section may provide a prospective foster parent,16
RELATIVE, OR KIN CAREGIVER, as defined by rule of the department of17
human services, or a foster parent who is responsible for the health or18
welfare of a foster child named in a report who is residing in the foster19
parent's home, with information that is necessary to meet the foster child's20
physical, mental, emotional, behavioral, and other identified trauma21
needs.22
(d) The foster parent, RELATIVE, OR KIN CAREGIVER shall maintain23
the confidentiality of any information obtained pursuant to this subsection24
(11).25
SECTION 3. In Colorado Revised Statutes, 19-3-403, amend26
(3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V); and add (3.6)(a)(VI), (3.6)(d),27
1024
-4- and (9) as follows:1
19-3-403. Temporary custody - hearing - time limits -2
restriction - caregiver rights - rules. (3.6) (a) (III) The court shall3
advise the child's parents that the child OR YOUTH may be placed with a4
relative if, in the court's opinion, such placement is appropriate and in the5
child's best interests OR KIN. The court shall order the parents to complete6
the form affidavit and advisement described in subsection (3.6)(a)(I) of7
this section no later than seven business days after the HEARING date of8
the hearing or prior to the next hearing on the matter, whichever occurs9
first. THE ORIGINAL COMPLETED RELATIVE AFFIDAVIT MUST BE FILED WITH10
THE COURT AND SERVED ON ALL PARTIES NO LATER THAN SEVEN DAYS11
AFTER THE HEARING DATE. THE COURT SHALL ASK THE PARENT IF THERE12
ARE ANY CHANGES TO THE INFORMATION ON THE RELATIVE OR KIN13
AFFIDAVIT AT HEARINGS HELD PURSUANT TO SECTIONS 19-3-507 AND14
19-3-702,
AND IF THE PARENT HAS NOT COMPLETED THE RELATIVE OR KIN15
AFFIDAVIT, THE COURT SHALL ASK THE PARENT , ON THE RECORD, FOR16
NAMES AND CONTACT INFORMATION FOR RELATIVES AND KIN WHOM THE17
PARENT WOULD LIKE CONSIDERED FOR
ENGAGEMENT IN THE CASE. The18
original completed form must be filed with the court and a copy delivered19
to the county department of human or social services no later than five20
business days after the date of the hearing. Each parent, the guardian ad21
litem or counsel for youth, and counsel for each parent, if any, shall MUST22
also receive copies of the completed form
AFFIDAVIT. The court may23
advise each parent of the penalties associated with perjury and contempt24
of court, if necessary. Each parent may suggest an adult relative or25
relatives,
OR KIN, whom the parent believes to be the most appropriate26
caretaker or caretakers for the child
OR YOUTH. If appropriate, the child27
1024
-5- or children shall OR YOUTH MUST be consulted regarding suggested1
relative
OR KIN caretakers. The court shall order each parent to notify2
every relative
OR KIN who may be an appropriate relative OR KIN caretaker3
for the child
OR YOUTH that failure to come forward in a timely manner4
may result in the child
OR YOUTH being placed permanently outside of the5
home of the child's
relatives OR KIN OF THE CHILD OR YOUTH if the child6
OR YOUTH is not able to return to the child's OR YOUTH'S home. In7
addition, the court shall advise each parent that failure to identify these8
relatives
OR KIN in a timely manner may result in the child OR YOUTH9
being placed permanently outside of the home of the child's
relatives OR10
KIN OF THE CHILD OR YOUTH.11
(IV) The court shall order a county department of human or social12
services to exercise due diligence to contact all grandparents and other13
adult relatives
AND IDENTIFIED KIN within thirty days following
AFTER the14
removal of the child
OR YOUTH and to inform them about placement15
possibilities for the child
OR YOUTH, unless the court determines there is16
good cause not to contact or good cause to delay contacting the child's
OR17
YOUTH'S relatives AND KIN, including, but not limited to, family or18
domestic violence.19
(A) A county department of human or social services shall provide20
notice to the relatives
AND IDENTIFIED KIN that the child OR YOUTH has21
been removed from his or her
THE CHILD'S OR YOUTH'S home, options22
under federal, state, and local law AN EXPLANATION OF THE VARIOUS23
OPTIONS to participate in the child's OR YOUTH'S care or placement AND24
OPTIONS THAT MAY BE AVAILABLE TO SUPPORT THE CHILD 'S OR YOUTH'S25
FAMILY, AND options that may be lost by failing to respond. and26
requirements to become a foster parent, and services and supports27
1024
-6- available to the child placed in a foster home.1
(B) T
HE NOTICE MUST INCLUDE INFORMATION ABOUT PROVIDING2
CARE FOR THE CHILD OR YOUTH WHILE THE FAMILY RECEIVES3
REUNIFICATION SERVICES, WITH THE GOAL OF RETURNING THE CHILD OR4
YOUTH TO THE PARENT OR LEGAL GUARDIAN ;
THE RELATIVE'S RIGHT TO5
INTERVENE IN THE PROCEEDINGS WITH OR WITHOUT AN ATTORNEY6
FOLLOWING ADJUDICATION ; AND ADDITIONAL SERVICES AND SUPPORTS7
THAT ARE AVAILABLE IN OUT-OF-HOME PLACEMENTS. THE NOTICE MUST8
ALSO INCLUDE INFORMATION REGARDING THE STATE 'S ENTITLEMENT9
PLANS, INCLUDING BUT NOT LIMITED TO CHILD CARE ASSISTANCE,10
SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAMS , THE RELATIVE11
GUARDIANSHIP ASSISTANCE PROGRAM , CHILD-ONLY ELIGIBILITY FOR12
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF), AND ADOPTION13
ASSISTANCE, AS WELL AS OTHER OPTIONS FOR CONTACT . INFORMATION14
ABOUT FAMILY FOSTER CARE CERTIFICATION, INCLUDING HOW TO REQUEST15
A VARIANCE FROM CERTIFICATION STANDARDS THAT DO NOT PRESENT A16
SAFETY OR HEALTH RISK TO THE CHILD OR YOUTH IN THE HOME AND17
SUPPORTS THAT ARE AVAILABLE FOR RELATIVES AND KIN AND CHILDREN18
OR YOUTH AND WHAT BACKGROUND CHECKS ARE REQUIRED, AS WELL AS19
HOW RELATIVES OR KIN MAY REQUEST THE COURT REVIEW DECISIONS TO20
DENY PLACEMENT BASED ON BACKGROUND CHECKS AND WHY21
CERTIFICATION AS A KINSHIP FOSTER HOME MAY BE DENIED, MUST ALSO22
BE PROVIDED IN THE NOTICE.23
(C) T
HE STATE DEPARTMENT OF HUMAN SERVICES , IN24
CONSULTATION WITH COUNTIES , THE OFFICE OF THE CHILD 'S25
REPRESENTATIVE, AND THE OFFICE OF RESPONDENT PARENTS ' COUNSEL,26
ALONG WITH OTHER INTERESTED STAKEHOLDERS , SHALL DEVELOP THE27
1024
-7- WRITTEN NOTICE AND PROMULGATE RULES FOR THE IMPLEMENTATION OF1
THIS SECTION.2
(D) The county department of human or social services shall3
advise each appropriate identified relative that the possibility for4
placement of the child in his or her home may terminate at a future date;5
request each such relative
AND IDENTIFIED KIN who is interested in6
becoming a placement option for the child
OR YOUTH to come forward at7
the earliest possible time to seek placement of the child
OR YOUTH in his
8
or her THE RELATIVE'S OR KIN'S home and to cooperate with the county9
department of human or social services to expedite procedures pertaining10
to the placement of the child
OR YOUTH in his or her
THE RELATIVE'S OR11
KIN'S home if the child OR YOUTH cannot be safely returned to the CHILD'S12
OR YOUTH'S PARENTS' home. of the child's parents. The department of13
human services shall promulgate rules for the implementation of this14
subparagraph (IV) and subparagraph (III) of this paragraph (a).15
(V) The court may consider and SHALL give preference to giving16
temporary custody PLACEMENT to a child's OR YOUTH'S relative OR KIN17
who is appropriate, capable, willing, and available for care, if it is in the18
best interests of the child and if the court GIVING PRIMARY19
CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND20
EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE21
REGARDING PLACEMENT. THE COURT SHALL ALSO FIND finds that there is22
no suitable birth or adoptive parent available, with due diligence having23
been exercised in attempting to locate any such birth or adoptive parent.24
A
PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR RELATIVE OR25
KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT26
WOULD HINDER REUNIFICATION. The court may place or continue custody27
1024
-8- with the county department of human or social services if the court is1
satisfied from the information presented at the hearing that such custody2
is appropriate and in the child's
OR YOUTH'S best interests, or the court3
may enter such other orders as are appropriate. The court may authorize4
the county department of human or social services with custody of a child5
OR YOUTH to place the child OR YOUTH with a relative OR KIN without the6
necessity for a hearing if a county department
OF HUMAN OR SOCIAL7
SERVICES locates an appropriate,
A capable and willing relative OR KIN8
who is available to care for the child
OR YOUTH and the guardian ad litem9
of the child
OR YOUTH concurs that the placement is in the best interests10
of the child
OR YOUTH. If the county department of human or social11
services places a child
OR YOUTH with a relative OR KIN without a hearing12
pursuant to the provisions of
this subsection (3.6)(a)(V), the county13
department
OF HUMAN OR SOCIAL SERVICES shall fully inform the court of14
the details concerning the child's
OR YOUTH'S placement on the record at15
the next hearing. If the court enters an order removing a child
OR YOUTH16
from the home or continuing a child
OR YOUTH in a placement out of the17
home, the court shall make the findings required pursuant to section18
19-1-115 (6), if such findings are warranted by the evidence.19
(VI) T
HE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR20
SOCIAL SERVICES OR OTHER SOCIAL SERVICES AGENCY SHALL EXERCISE21
DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN WHO22
RESPOND TO THE NOTICE REQUIRED PURSUANT TO SUBSECTION23
(3.6)(a)(IV)
OF THIS SECTION. UPON A REQUEST BY A RELATIVE OR KIN OR24
PARTY TO THE PROCEEDINGS, THE COURT MAY CONDUCT A REVIEW OF THE25
APPLICABLE AGENCY'S DUE DILIGENCE TO CONTACT AND ENGAGE26
RELATIVES AND KIN PURSUANT TO SUBSECTION (3.6)(a)(IV) OF THIS27
1024
-9- SECTION. IF THE COURT FINDS THAT THE APPLICABLE AGENCY DID NOT1
EXERCISE DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN2
WHO RESPONDED TO THE NOTICE, THE COURT MAY ORDER THE APPLICABLE3
AGENCY TO EXERCISE DUE DILIGENCE BY ENGAGING THE RELATIVES AND4
KIN IN THE FOLLOWING ACTIVITIES RELATED TO THE CARE AND PLANNING5
FOR A CHILD OR YOUTH, DETERMINED IN CONSULTATION WITH THE OTHER6
PARTIES:7
(A) P
ARTICIPATING IN CASE PLANNING FOR THE CHILD OR YOUTH8
AND THE CHILD'S OR YOUTH'S PARENT, INCLUDING IDENTIFYING SERVICES9
AND RESOURCES THAT MEET THE INDIVIDUALIZED NEEDS OF THE CHILD OR10
YOUTH AND THE CHILD 'S OR YOUTH'S PARENT. A RELATIVE'S OR KIN'S11
PARTICIPATION IN CASE PLANNING MAY BE IN PERSON , VIA PHONE, OR BY12
ELECTRONIC MEANS.13
(B) I
DENTIFYING THE STRENGTHS AND NEEDS OF THE CHILD OR14
YOUTH AND THE CHILD'S OR YOUTH'S PARENT;15
(C) A
SKING THE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN16
OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, TO CONSIDER17
THE RELATIVE OR KIN FOR PLACEMENT WITH THE CHILD OR YOUTH18
PURSUANT TO SUBSECTION (3.6)(a)(IV)(D) OF THIS SECTION;19
(D) A
CTING AS A SUPPORT PERSON FOR THE CHILD OR YOUTH , THE20
CHILD'S OR YOUTH'S PARENT, AND THE CHILD'S OR YOUTH'S CURRENT21
CAREGIVER, INCLUDING COLLABORATING WITH FOSTER PARENTS TO22
SUPPORT A HEALTHY TRANSITION FOR A CHILD OR YOUTH TO FAMILY TIME23
OR PLACEMENT WITH A RELATIVE , WHEN APPROPRIATE;24
(E) S
UPERVISING FAMILY TIME WHEN AUTHORIZED PURSUANT TO25
SECTION 19-3-217;26
(F) P
ROVIDING RESPITE CARE FOR THE CHILD OR YOUTH AND27
1024
-10- HAVING FAMILY VACATION TIME WITH THE CHILD OR YOUTH ;1
(G) P
ROVIDING TRANSPORTATION ;2
(H) S
UGGESTING OTHER RELATIVES OR KIN WHO MAY BE ABLE TO3
PARTICIPATE IN THE CASE PLAN OR WHOM THE COUNTY DEPARTMENT OF4
HUMAN OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, MAY5
CONSIDER FOR THE PLACEMENT OF THE CHILD OR YOUTH . THE COUNTY6
DEPARTMENT OF HUMAN OR SOCIAL SERVICES , OR OTHER SOCIAL SERVICES7
AGENCY, SHALL SEND A NOTICE TO EACH RELATIVE OR KIN IDENTIFIED BY8
OTHER RELATIVES OR KIN, UNLESS A RELATIVE OR KIN RECEIVED THE9
NOTICE EARLIER IN THE CASE OR WAS RULED OUT AS A RESOURCE OR10
PLACEMENT BY THE COURT.11
(I) H
ELPING MAINTAIN THE CHILD'S OR YOUTH'S FAMILIAR AND12
REGULAR ACTIVITIES, AS WELL AS CONTACT WITH THE CHILD'S OR YOUTH'S13
FRIENDS, RELATIVES, AND KIN, INCLUDING PROVIDING SUPERVISION OF THE14
CHILD OR YOUTH AT FAMILY GATHERINGS AND EVENTS ; AND15
(J) P
ARTICIPATING IN THE CHILD'S OR YOUTH'S FAMILY AND16
PERMANENCY TEAM IF THE CHILD OR YOUTH IS PLACED IN A QUALIFIED17
RESIDENTIAL TREATMENT PROGRAM .18
(d) A
RELATIVE OR KIN CAREGIVER HAS THE RIGHT TO :19
(I) B
E TREATED WITH DIGNITY AND RESPECT AND TO BE20
CONSIDERED AS A TEAM MEMBER WHO IS MAKING IMPORTANT21
CONTRIBUTIONS TO THE OBJECTIVES OF THE CHILD WELFARE SYSTEM ,22
INCLUDING THE REUNIFICATION OF THE CHILD OR YOUTH WITH THE CHILD 'S23
OR YOUTH'S PARENTS WHENEVER SAFELY POSSIBLE ;24
(II) R
ECEIVE TRAINING AND SUPPORT FROM THE STATE25
DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN26
OR SOCIAL SERVICES TO IMPROVE THE CAREGIVER 'S SKILLS IN PROVIDING27
1024
-11- DAILY CARE AND MEETING THE SPECIAL NEEDS OR DISABILITY -RELATED1
NEEDS OF A CHILD OR YOUTH IN THE CAREGIVER 'S CARE;2
(III) B
E INFORMED BY THE APPLICABLE CHILD PLACEMENT AGENCY3
OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ABOUT HOW TO4
REACH AFTER-HOURS CONTACTS; AND5
(IV) B
E INFORMED ABOUT AVAILABLE FINANCIAL ASSISTANCE AND6
THE FINANCIAL CONSEQUENCES OF NOT PURSUING CERTIFICATION AS A7
FOSTER HOME, INCLUDING INELIGIBILITY FOR THE STATE 'S RELATIVE8
GUARDIANSHIP ASSISTANCE PROGRAM .9
(9) I
F THE SOLE ISSUE PREVENTING AN EMERGENCY PLACEMENT OF10
A CHILD WITH A RELATIVE OR KIN IS A LACK OF RESOURCES , THE COUNTY11
DEPARTMENT SHALL USE REASONABLE EFFORTS TO ASSIST THE RELATIVE12
OR KIN WITH OBTAINING THE NECESSARY ITEMS WITHIN EXISTING13
AVAILABLE RESOURCES.14
SECTION 4. In Colorado Revised Statutes, 19-3-507, amend (4)15
and (5)(a); and add (1)(b.5), (1)(b.7), (1)(d), (1)(e), (5)(d), and (5)(e) as16
follows:17
19-3-507. Dispositional hearing. (1) (b.5) I
F THE COUNTY18
DEPARTMENT LOCATES A CAPABLE , WILLING, AND AVAILABLE RELATIVE19
OR KIN FOR THE CHILD OR YOUTH, IT IS PRESUMED THAT PLACEMENT OF20
THE CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN THE BEST21
INTERESTS OF THE CHILD OR YOUTH. THE PRESUMPTION MAY BE REBUTTED22BY A PREPONDERANCE OF THE EVIDENCE , GIVING PRIMARY23
CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND24
EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE25
REGARDING PLACEMENT. THE COURT SHALL CONSIDER WHETHER A26
PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT27
1024
-12- AND CHILD OR YOUTH AND THE PARENT'S PREFERENCE REGARDING1
PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR2
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED3
PLACEMENT WOULD HINDER REUNIFICATION .4
(b.7) UPON THE MOTION OF A PARTY FOR PLACEMENT OF A CHILD5
OR YOUTH WITH A RELATIVE OR KIN, IF THE PARTY OBJECTS TO THE6
REQUESTED PLACEMENT, THE COURT SHALL HOLD A HEARING WITHIN7
SIXTY-THREE DAYS AFTER THE OBJECTION TO DETERMINE WHETHER THE8
CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR KIN. WHEN A9
CHILD OR YOUTH RESIDES WITH A RELATIVE OR KIN, ANY OTHER RELATIVE10
OR KIN SEEKING A PLACEMENT CHANGE SHALL ADDRESS THE FACTORS SET11
FORTH IN SECTION 19-3-702 (6).12
(d) I
F THE COURT DENIES PLACEMENT WITH A RELATIVE OR KIN ,13
THE COURT SHALL MAKE DETAILED FINDINGS REGARDING THE REASONS14
FOR DENIAL. A DECISION BY A RELATIVE OR KIN TO NOT BE INITIALLY15
IDENTIFIED AS A POTENTIAL PLACEMENT RESOURCE MUST NOT BE THE16
SOLE BASIS FOR THE COURT TO LATER RULE OUT THE RELATIVE OR KIN AS17
THE CHILD'S OR YOUTH'S PERMANENT PLACEMENT . WHEN DETERMINING18
WHETHER A CHILD OR YOUTH SHOULD BE PLACED WITH A RELATIVE OR19
KIN, THE COURT SHALL
GIVE PRIMARY CONSIDERATION TO A CHILD'S OR20
YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS. THE COURT SHALL21
NOT CONSIDER ANY OF THE FOLLOWING FACTORS UNLESS ONE OF THE22
FACTORS WOULD THREATEN THE MENTAL , PHYSICAL, AND EMOTIONAL23
HEALTH OR SAFETY OF THE CHILD OR YOUTH :24
(I) T
HE SIZE OF THE HOME, INCLUDING WHETHER THE CHILD OR25
YOUTH WOULD HAVE A SEPARATE ROOM ;26
(II) T
HE SOCIOECONOMIC STATUS OF THE RELATIVE OR KIN27
1024
-13- COMPARED TO OTHER AVAILABLE PLACEMENT OPTIONS ;1
(III) T
HE ABILITY OF THE RELATIVE OR KIN TO SUPPORT THE2
CHILD'S OR YOUTH'S PARTICIPATION IN EXTRACURRICULAR
ACTIVITIES; 3
(IV) O
RDINARY BONDING OR ATTACHMENT THAT OCCURRED4
DURING TIME SPENT IN FOSTER PLACEMENT ;5
(V) I
MMIGRATION STATUS OF THE RELATIVE OR KIN ;
OR6
(VI) A
GE OR ANY DISABILITY OF THE RELATIVE OR
KIN.7
(e) THE COURT MAY CONSIDER THE RELATIVE'S OR KIN'S CRIMINAL8
BACKGROUND, AS PERMITTED BY SECTION 19-3-406. WHEN CONSIDERING9
WHETHER TO ALLOW A PLACEMENT WITH A RELATIVE OR KIN WHO HAS10
BEEN DISQUALIFIED FOR PLACEMENT PURSUANT TO SECTION 19-3-406, THE11
COURT SHALL CONSIDER THE FOLLOWING FACTORS :12
(I) WHETHER THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, OR13
EMOTIONAL NEEDS WOULD BE ADVERSELY AFFECTED ;14
(II) THE NATURE OF THE CRIME OF CONVICTION ;15
(III) WHETHER THERE IS A DIRECT RELATIONSHIP BETWEEN THE16
CONVICTION AND THE RELATIVE 'S OR KIN'S ABILITY TO PROVIDE17
COMPETENT AND SAFE CARE TO THE CHILD OR YOUTH ;18
(IV) LENGTH OF TIME SINCE CONVICTION; AND19
(V) EVIDENCE OF REHABILITATION.20
(4) (a) In any case in which the disposition is placement out of the21
home, except for children
OR YOUTH committed to the department of22
human services, the court shall, at the time of placement, set a review23
within ninety
NINETY-ONE days to determine whether continued24
placement is necessary and in the best interests of the child
OR YOUTH and25
the community, and whether reasonable efforts have been made to return26
the child
OR YOUTH to the home or, in the case of a sibling group, whether27
1024
-14- it is in the best interests of the children OR YOUTH in the sibling group to1
be placed together. If the county department locates an appropriate,2
capable, willing, and available joint placement for all of the children
OR3
YOUTH in the sibling group, it shall be
IS presumed that placement of the4
entire sibling group in the joint placement is in the best interests of the5
children
OR YOUTH. Such presumption may be rebutted by a6
preponderance of the evidence that placement of the entire sibling group7
in the joint placement is not in the best interests of a child, or of the
8
children,
OR YOUTH.9 (b) IF THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,10
AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH, IT IS11
PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE12
OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH . THE13
PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE ,14
GIVING PRIMARY CONSIDERATION TO THE CHILD 'S OR YOUTH'S MENTAL,15
PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S16
PREFERENCE REGARDING PLACEMENT . THE COURT SHALL CONSIDER17
WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE18
THE PARENT AND THE CHILD OR YOUTH AND THE PARENT 'S PREFERENCE19
REGARDING PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH A20
PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT21
THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION . 22
(c) The judge shall review the family services plan document23
regarding placement of siblings. Notice of said review shall be given by24
SIBLINGS AND EFFORTS TO LOCATE RELATIVES OR KIN . IF THE CHILD OR25
YOUTH IS RESIDING WITH A RELATIVE OR KIN, THE FAMILY SERVICES PLAN26
MUST DESCRIBE THE EFFORTS MADE BY THE COUNTY TO MAINTAIN THE27
1024
-15- CHILD OR YOUTH IN THE RELATIVE OR KINSHIP HOME AND TO NOT REMOVE1
THE CHILD OR YOUTH FROM THE KINSHIP OR RELATIVE HOME EXCEPT TO2
EFFECTUATE A PERMANENCY GOAL OF REUNIFICATION OR AFTER FINDING3
THAT REMAINING IN THE KINSHIP PLACEMENT IS CONTRARY TO THE CHILD 'S4
OR YOUTH'S MENTAL, PHYSICAL, OR EMOTIONAL NEEDS, OR WHEN THE5
RELATIVE OR KINSHIP PLACEMENT DECIDES THEY ARE NO LONGER ABLE TO6
CARE FOR THE CHILD OR YOUTH . The court SHALL GIVE NOTICE OF THE7
REVIEW to all parties and to the director of the facility or agency in which8
the child
OR YOUTH is placed and any person who has physical custody of9
the
child OR YOUTH and any attorney or guardian ad litem of record. The10
review shall be conducted in accordance with section 19-1-115 (8)(f).11
(5) (a) Parents, grandparents,
OR relatives or foster parents who
12
have the child in their care for more than three months who have13
information or knowledge concerning the care and protection of the child14
OR
YOUTH, OR KIN CAREGIVER WHO HAS THE CHILD IN THE CAREGIVER'S15
CARE FOR MORE THAN THREE MONTHS, may intervene as a matter of right16
following adjudication with or without counsel.17
(d) F
OSTER PARENTS
WHO HAVE THE CHILD OR YOUTH IN THEIR18
CARE FOR TWELVE MONTHS OR MORE MAY INTERVENE, AS A MATTER OF19
RIGHT, WITH OR WITHOUT COUNSEL, FOLLOWING ADJUDICATION. THE20
PURPOSE OF INTERVENTION IS TO PROVIDE KNOWLEDGE OR INFORMATION21
CONCERNING THE CARE AND PROTECTION OF THE CHILD OR YOUTH,22
INCLUDING THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL23
NEEDS.24
(e) AN INTERVENOR MAY NOT , ON THE INTERVENOR'S OWN25
MOTION, SEEK TO RESTRICT FAMILY TIME BETWEEN A CHILD OR YOUTH26
AND THE PARENT OR RELATIVES, FILE A PETITION TO TERMINATE PARENTAL27
1024
-16- RIGHTS, OR APPEAL A DENIAL OF TERMINATION OF PARENTAL RIGHTS .1
2
SECTION 5. In Colorado Revised Statutes, 19-3-508, amend (1)3
introductory portion, (1)(b), and (5) as follows:4
19-3-508. Neglected or dependent child or youth - disposition5
- concurrent planning - definition. (1) When a child
OR YOUTH has6
been adjudicated to be neglected or dependent, the court may enter a7
decree of disposition the same day, but in any event it shall do so within8
forty-five
FORTY-TWO days, unless the court finds that the best interests9
of the child
OR YOUTH will be served by granting a delay. In a county10
designated pursuant to section 19-1-123, if the child
OR YOUTH is under
11
LESS THAN six years of age at the time a petition is filed in accordance12
with section 19-3-501 (2), the court shall enter a decree of disposition13
within thirty TWENTY-EIGHT days after the adjudication and shall not14
grant a delay unless good cause is shown and unless the court finds that15
the best interests of the child
OR YOUTH will be served by granting the16
delay. It is the intent of the general assembly that the dispositional hearing17
be held on the same day as the adjudicatory hearing, whenever possible.18
If a delay is granted, the court shall set forth the reasons why a delay is19
necessary and the minimum amount of time needed to resolve the reasons20
for the delay and shall schedule the hearing at the earliest possible time21
following the delay. When the proposed disposition is termination of the22
parent-child legal relationship, the hearing on termination must not be23
held on the same date as the adjudication, and the time limits set forth24
above for dispositional hearings do not apply. When the proposed25
disposition is termination of the parent-child legal relationship, the court26
may continue the dispositional hearing to the earliest available date for a27
1024
-17- hearing in accordance with the provisions of subsection (3)(a) of this1
section and part 6 of this article 3. When the decree does not terminate the2
parent-child legal relationship, the court shall approve an appropriate3
treatment plan that must include, but not be limited to, one or more of the4
following provisions of subsections (1)(a) to (1)(d) of this section:5
(b) The court may place the child
OR YOUTH in the legal custody6
of a relative
OR KIN, including the child's OR YOUTH'S grandparent, or7
other suitable person, with or without protective supervision, under such8
conditions as the court deems necessary and appropriate. If a child
OR9
YOUTH is not placed with a parent pursuant to paragraph (a) of this
10
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL11
GIVE preference may be given by the court for TO placement with a12
grandparent pursuant to this paragraph (b) if in the best interests of the13
child OR OTHER RELATIVE OR KIN. IF THE COUNTY DEPARTMENT LOCATES14
A CAPABLE, WILLING, AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR15
YOUTH, IT IS PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH16
A RELATIVE OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH .17
THE PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE18
EVIDENCE, GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S19
MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR20
YOUTH'S PREFERENCE REGARDING PLACEMENT . THE COURT SHALL21
CONSIDER WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO22
REUNITE THE PARENT AND THE CHILD OR YOUTH AND THE PARENT 'S23
PREFERENCE REGARDING PLACEMENT . A PARENT'S OBJECTION TO24
PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE25
SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER26
REUNIFICATION.27
1024
-18- (5) (a) In placing the legal custody or guardianship of the person1
of a child
OR YOUTH with an individual or a private agency, the court shall2
give primary consideration to the welfare of the child
OR YOUTH but shall3
take into consideration the religious
AND CULTURAL preferences of the4
child
OR YOUTH or of his
THE parents, whenever practicable.5
(b) (I) If the court finds that placement out of the home is6
necessary and is in the best interests of the child
OR YOUTH and the7
community, the court shall place the child
OR YOUTH with a relative OR8
KIN, including the child's OR YOUTH'S grandparent, as provided in9
paragraph (b) of subsection (1)
SUBSECTION (1)(b) of this section, if such10
placement is in the child's best interests. IN CONSIDERING THE11
PLACEMENT, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE12
CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS,13
INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .14
THE COURT SHALL CONSIDER WHETHER A PROPOSED PLACEMENT WOULD15
HINDER EFFORTS TO REUNITE THE PARENT AND THE CHILD OR YOUTH AND16
THE PARENT'S PREFERENCE REGARDING PLACEMENT. A PARENT'S17
OBJECTION TO PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT18
ALONE SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT WOULD19
HINDER REUNIFICATION. The court shall place the child OR YOUTH in the20
facility or setting that most appropriately meets the needs of the child
OR21
YOUTH, the family, and the community. In making its decision as to22
proper placement, the court shall utilize the evaluation for placement23
prepared pursuant to section 19-1-107. If the court deviates from the24
recommendations of the evaluation for placement in a manner that results25
in a difference in the cost of the disposition ordered by the court and the26
cost of the disposition recommended in the evaluation, the court shall27
1024
-19- make specific findings of fact relating to its decision, including the1
monthly cost of the placement, if ordered. T
HE COURT SHALL SEND a copy2
of such findings shall be sent
to the chief justice of the supreme court,3
who shall report annually
ON SUCH ORDERS AND FINDINGS OF FACT to the4
joint budget committee, and annually to the health, environment, welfare,
5
and institutions committees THE PUBLIC AND BEHAVIORAL HEALTH AND6
HUMAN SERVICES COMMITTEE of the house of representatives, and THE7
HEALTH AND HUMAN SERVIC ES COMMITTEE OF THE senate, OR ANY8
SUCCESSOR COMMITTEES. of the general assembly on such orders.9
(II) Notwithstanding the provisions of subparagraph (I) of this10
paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION to the contrary, when11
the child
OR YOUTH is part of a sibling group and the sibling group is12
being placed out of the home, if the county department locates an
13
appropriate A capable, willing, and available joint placement for all of the14
children
OR YOUTH in the sibling group, it shall be
IS presumed that15
placement of the entire sibling group in the joint placement is in the best16
interests of the children Such OR YOUTH. THE presumption may be17
rebutted by a preponderance of the evidence that placement of the entire18
sibling group in the joint placement is not in the best interests of a child,19
or of the children, OR YOUTH.20
(III) I
F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,21 AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH, IT IS22
PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE23
OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH . THE24
PRESUMPTION MAY BE REBUTTED BY A PREP ONDERANCE OF THE EVIDENCE,25
GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL,26
PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S27
1024
-20- PREFERENCE REGARDING PLACEMENT. THE COURT SHALL CONSIDER1
WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE2
THE PARENT AND THE CHILD OR YOUTH AND THE PARENT'S PREFERENCE3
REGARDING PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH 4
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, REGARDLESS OF WHETHER PARENTAL RIGHTS WERE12
TERMINATED.13
SECTION 6. In Colorado Revised Statutes, 19-3-702, amend14
(5)(e) and (6)(h); and add (6)(i) 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
ONGOING EFFORTS TO IDENTIFY RELATIVES AND KIN AND TO ENGAGE THE23
RELATIVES AND KIN IN PROVIDING SUPPORT FOR THE CHILD OR YOUTH AND24
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
1024
-21- THE CHILD OR YOUTH WITH A RELATIVE OR KIN . IF THE DEPARTMENT1
DETERMINES NOT TO PLACE THE CHILD OR YOUTH WITH A RELATIVE OR2
KIN, AFTER GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S3
MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, OR IF THE DEPARTMENT4
DECIDES NOT TO PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN5
BECAUSE THE PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE CHILD6
OR YOUTH AND PARENT , THE DEPARTMENT SHALL EXPLAIN WHY ANY7
IDENTIFIED RELATIVES OR KIN HAVE BEEN RULED OUT FOR PLACEMENT .8
(6) If a placement change is contested by a party and the child or9
youth is not reunifying with a parent or legal guardian, the court shall10
consider all pertinent information, including the child's or youth's wishes,11
related to modifying the placement of the child or youth prior to removing12
the child or youth from the child's or youth's placement, and including the13
following:14
(h) The child's or youth's attachment to the child's or youth's15
caregiver at the time of the hearing and the possible effects on the child's16
or youth's emotional well-being if the child or youth is removed from the17
caregiver's home. H
OWEVER, PLACEMENT WITH A CHILD'S OR YOUTH'S18
RELATIVE OR KIN SHOULD NOT BE DENIED BASED SOLELY UPON THE19
ORDINARY BONDING AND ATTACHMENT TO A FOSTER PARENT AS A RESULT20
OF TIME SPENT IN THE HOME. THE COURT SHALL CONSIDER THE NUMBER21
OF PRIOR
PLACEMENTS, THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND22
EMOTIONAL NEEDS, AND ANY SUBSEQUENT CAREGIVERS ' ABILITY TO23
PROVIDE EMOTIONAL AND PSYCHOLOGICAL SUPPORT WHEN CONSIDERING24
A CHANGE OF PLACEMENT.25
(i) THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT.26
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal27
1024
-22- year, $13,879 is appropriated to the department of human services for use1
by the division of child welfare. This appropriation is from the general2
fund. To implement this act, the division may use this appropriation for3
Colorado trails.4
(2) For the 2023-24 state fiscal year, the general assembly5
anticipates that the department of human services will receive $7,473 in6
federal funds for use by the division of child welfare to implement this7
act. The appropriation in subsection (1) of this section is based on the8
assumption that the department will receive this amount of federal funds,9
which is subject to the "(I)" notation as defined in the annual general10
appropriation act for the same fiscal year.11
SECTION 8. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
1024
-23-