Colorado 2023 Regular Session

Colorado House Bill HB1024 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0303.01 Jane Ritter x4342
1	8		HOUSE BILL 23-1024
2		-	BY REPRESENTATIVE(S) Gonzales-Gutierrez and Epps, Amabile, Bird,
3		-	Bockenfeld, Boesenecker, Bradley, Brown, Dickson, Duran, English,
4		-	Garcia, Herod, Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Lukens, Mabrey,
5		-	Marshall, Martinez, McCormick, McLachlan, Ortiz, Ricks, Sharbini, Sirota,
6		-	Snyder, Story, Titone, Valdez, Weinberg, Willford, Wilson, Winter T.,
7		-	Woodrow, Young;
8		-	also SENATOR(S) Exum and Van Winkle, Buckner, Cutter, Danielson,
9		-	Gonzales, Jaquez Lewis, Marchman, Priola.
	9	+	House Committees Senate Committees
	10	+	Judiciary Health & Human Services
	11	+	Public & Behavioral Health & Human Services Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
10	14		C
11		-	ONCERNING MEASURES TO INCREASE FAMILY RESILIENCY THROUGH
12		-	PROVIDING GREATER SUPPORTS AND PROTECTIONS FOR CHILDREN
13		-	PLACED WITH KIN
14		-	, INCLUDING RELATIVES, AND, IN CONNECTION
15		-	THEREWITH
16		-	, MAKING AN APPROPRIATION.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. Legislative declaration. (1) The general assembly
20		-	finds and declares that:
21		-	(a) Children and youth placed with relatives or kin experience
22		-	greater placement stability, reduced separation trauma, lower rates of
23		-	trauma from institutional abuse, better behavioral and mental health
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. outcomes, preservation of identities, and higher rates of reunification with
32		-	parents than children and youth placed in foster homes;
33		-	(b) Federal law requires that children and youth be placed in the
34		-	least restrictive, most family-like environment and that states should
35		-	consider giving preference to adult relatives and kin;
36		-	(c) Colorado's state plan for child welfare systems improvement
37		-	recognizes the importance of placing children and youth with relatives and
38		-	kin, with a goal of fifty percent of initial placements being with relatives or
39		-	kin;
40		-	(d) Over 20 percent of children and youth who age out of foster care
41		-	become homeless and 25 percent of children and youth become involved in
42		-	the criminal justice system within 2 years of aging out of foster care;
43		-	(e) When family reunification and kinship guardianship, foster, and
44		-	adoptive placements are promoted and supported, children's and youth's
45		-	family connections and family relationships can reverse such adult
46		-	outcomes;
47		-	(f) Foster care is intended to be temporary. The best interests of
48		-	children and youth in safe, stable, and permanent placements are paramount.
49		-	At the same time, absent aggravating circumstances, it is in the best
50		-	interests of children and youth for parents to be provided individualized
51		-	services, supports, and time needed to address the reasons for foster care or
52		-	other temporary placements of their children or youth.
53		-	(g) When kinship placements can safely be made, extended family
54		-	members available for such placements often face financial and other
55		-	barriers related to access to health and mental health services and supports,
56		-	crisis stabilization services, and other service supports;
57		-	(h) Children and youth in foster care should not have to choose
58		-	between families. These children and youth must be offered the opportunity
59		-	to expand family relationships, not sever or replace them. When
60		-	relationships with relatives and kin are prioritized, protective factors
61		-	increase, promoting current and future well-being.
62		-	(i) The most critical factors for consideration in permanency
63		-	PAGE 2-HOUSE BILL 23-1024 planning should be the safety of the family home and a child's or youth's key
64		-	attachments and family connections. These factors, rather than the number
65		-	of months spent in foster care, or even a child's or youth's new attachment
66		-	to foster parents, should drive permanency decisions.
67		-	(2) The general assembly therefore declares that it is crucial to
68		-	promote kinship care as an essential permanency option for children and
69		-	youth, to remove barriers to children's and youth's safe care by relatives and
70		-	kin when such children and youth cannot be safely cared for by their
71		-	parents, and to support the provision of resources and services to relatives,
72		-	kin, and other caregivers.
73		-	SECTION 2. In Colorado Revised Statutes, 19-1-303, amend
74		-	(11)(a) and (11)(d) as follows:
75		-	19-1-303. General provisions - delinquency and dependency and
76		-	neglect cases - exchange of information - civil penalty - rules -
77		-	definitions. (11) (a) The judicial department or any agency described in
78		-	subsection (1)(a) of this section may provide a prospective foster parent,
79		-	RELATIVE, OR KIN CAREGIVER, as defined by rule of the department of
80		-	human services, or a foster parent who is responsible for the health or
81		-	welfare of a foster child named in a report who is residing in the foster
82		-	parent's home, with information that is necessary to meet the foster child's
83		-	physical, mental, emotional, behavioral, and other identified trauma needs.
84		-	(d) The foster parent,
85		-	RELATIVE, OR KIN CAREGIVER shall maintain
86		-	the confidentiality of any information obtained pursuant to this subsection
87		-	(11).
88		-	SECTION 3. In Colorado Revised Statutes, 19-3-403, amend
89		-	(3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V); and add (3.6)(a)(VI), (3.6)(c),
90		-	and (9) as follows:
91		-	19-3-403. Temporary custody - hearing - time limits - restriction
92		-	- caregiver rights - rules. (3.6) (a) (III) The court shall advise the child's
93		-	parents that the child OR YOUTH may be placed with a relative if, in the
94		-	court's opinion, such placement is appropriate and in the child's best
95		-	interests OR KIN. The court shall order the parents to complete the form
96		-	affidavit and advisement described in subsection (3.6)(a)(I) of this section
97		-	no later than seven business
98		-	days after the HEARING date of the hearing or
99		-	PAGE 3-HOUSE BILL 23-1024 prior to the next hearing on the matter, whichever occurs first. The original
100		-	completed form must be filed with the court and a copy delivered to the
101		-	county department of human or social services no later than five business
102		-	days after the date of the hearing. THE ORIGINAL COMPLETED RELATIVE
103		-	AFFIDAVIT MUST BE FILED WITH THE COURT AND SERVED ON ALL PARTIES NO
104		-	LATER THAN SEVEN DAYS AFTER THE HEARING DATE
105		-	. THE COURT SHALL ASK
106		-	THE PARENT IF THERE ARE ANY CHANGES TO THE INFORMATION ON THE
107		-	RELATIVE OR KIN AFFIDAVIT AT HEARINGS HELD PURSUANT TO SECTIONS
108		-	19-3-507 AND 19-3-702, AND IF THE PARENT HAS NOT COMPLETED THE
109		-	RELATIVE OR KIN AFFIDAVIT
110		-	, THE COURT SHALL ASK THE PARENT , ON THE
111		-	RECORD
112		-	, FOR NAMES AND CONTACT INFORMATION FOR RELATIVES AND KIN
113		-	WHOM THE PARENT WOULD LIKE CONSIDERED FOR ENGAGEMENT IN THE
114		-	CASE
115		-	. Each parent, the guardian ad litem or counsel for youth, and counsel
116		-	for each parent, if any, shall
117		-	MUST also receive copies of the completed
118		-	form
119		-	AFFIDAVIT. The court may advise each parent of the penalties
120		-	associated with perjury and contempt of court, if necessary. Each parent
121		-	may suggest an adult relative or relatives,
122		-	OR KIN, whom the parent believes
123		-	to be the most appropriate caretaker or caretakers for the child
124		-	OR YOUTH.
125		-	If appropriate, the child or children shall
126		-	OR YOUTH MUST be consulted
127		-	regarding suggested relative
128		-	OR KIN caretakers. The court shall order each
129		-	parent to notify every relative
130		-	OR KIN who may be an appropriate relative OR
131		-	KIN
132		-	caretaker for the child OR YOUTH that failure to come forward in a
133		-	timely manner may result in the child
134		-	OR YOUTH being placed permanently
135		-	outside of the home of the child's
136		-	relatives OR KIN OF THE CHILD OR YOUTH
137		-	if the child OR YOUTH is not able to return to the child's OR YOUTH'S home.
138		-	In addition, the court shall advise each parent that failure to identify these
	15	+	ONCERNING MEASURES TO INCREAS E FAMILY RESILIENCY THROUGH101
	16	+	PROVIDING GREATER SUPPORTS AND PROTECTIONS FOR102
	17	+	CHILDREN PLACED WITH KIN , INCLUDING
	18	+	RELATIVES, AND, IN103
	19	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill establishes several measures that protect the best interests
	28	+	of a child or youth and that will not hinder reunification with the child's
	29	+	or youth's family when the child or youth has been temporarily placed
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	April 21, 2023
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	April 20, 2023
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	March 15, 2023
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	March 14, 2023
	42	+	HOUSE SPONSORSHIP
	43	+	Gonzales-Gutierrez and Epps, Amabile, Bird, Bockenfeld, Boesenecker, Bradley,
	44	+	Brown, Dickson, Duran, English, Garcia, Herod, Jodeh, Joseph, Lieder, Lindsay, Lindstedt,
	45	+	Lukens, Mabrey, Marshall, Martinez, McCormick, McLachlan, Ortiz, Ricks, Sharbini, Sirota,
	46	+	Snyder, Story, Titone, Valdez, Weinberg, Willford, Wilson, Winter T., Woodrow, Young
	47	+	SENATE SPONSORSHIP
	48	+	Exum and Van Winkle, Buckner, Cutter, Danielson, Gonzales, Jaquez Lewis, Marchman,
	49	+	Priola
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. outside the family home with a relative or kin (relative), including:
	53	+	! Permitting a relative to appeal when denied placement of
	54	+	the child or youth with the relative;
	55	+	! Requiring the department of human services (department),
	56	+	to use reasonable efforts to help a relative whose barrier to
	57	+	caring for the child or youth is a lack of resources;
	58	+	! Amending the court's advisement to the parent so it is
	59	+	consistent with changes to statute;
	60	+	! Specifying what information should be included in a notice
	61	+	to relatives when the child or youth has been removed from
	62	+	the child's or youth home;
	63	+	! Requiring that courts give preference to a relative unless
	64	+	placement with that relative would negatively affect the
	65	+	child's or youth's health, safety, or welfare or hinder
	66	+	reunification with the child's or youth's family;
	67	+	! Providing options for a relative to be allowed to participate
	68	+	in a child's or youth's care and planning;
	69	+	! Creating a rebuttable presumption that placement with a
	70	+	relative is in the child's or youth's best interest as long as
	71	+	the child's or youth's health or safety is not jeopardized by
	72	+	the placement; and
	73	+	! Requiring that caseworkers inform the court of efforts to
	74	+	identify and place a child or youth with a relative.
	75	+	Be it enacted by the General Assembly of the State of Colorado:1
	76	+	SECTION 1. Legislative declaration. (1) The general assembly2
	77	+	finds and declares that:3
	78	+	(a) Children and youth placed with relatives or kin experience4
	79	+	greater placement stability, reduced separation trauma, lower rates of5
	80	+	trauma from institutional abuse, better behavioral and mental health6
	81	+	outcomes, preservation of identities, and higher rates of reunification with7
	82	+	parents than children and youth placed in foster homes;8
	83	+	(b) Federal law requires that children and youth be placed in the9
	84	+	least restrictive, most family-like environment and that states should10
	85	+	consider giving preference to adult relatives and kin;11
	86	+	(c) Colorado's state plan for child welfare systems improvement12
	87	+	1024-2- recognizes the importance of placing children and youth with relatives1
	88	+	and kin, with a goal of fifty percent of initial placements being with2
	89	+	relatives or kin;3
	90	+	(d) Over 20 percent of children and youth who age out of foster4
	91	+	care become homeless and 25 percent of children and youth become5
	92	+	involved in the criminal justice system within 2 years of aging out of6
	93	+	foster care;7
	94	+	(e) When family reunification and kinship guardianship, foster,8
	95	+	and adoptive placements are promoted and supported, children's and9
	96	+	youth's family connections and family relationships can reverse such adult10
	97	+	outcomes;11
	98	+	(f) Foster care is intended to be temporary. The best interests of12
	99	+	children and youth in safe, stable, and permanent placements are13
	100	+	paramount. At the same time, absent aggravating circumstances, it is in14
	101	+	the best interests of children and youth for parents to be provided15
	102	+	individualized services, supports, and time needed to address the reasons16
	103	+	for foster care or other temporary placements of their children or youth.17
	104	+	(g) When kinship placements can safely be made, extended family18
	105	+	members available for such placements often face financial and other19
	106	+	barriers related to access to health and mental health services and20
	107	+	supports, crisis stabilization services, and other service supports;21
	108	+	(h) Children and youth in foster care should not have to choose22
	109	+	between families. These children and youth must be offered the23
	110	+	opportunity to expand family relationships, not sever or replace them.24
	111	+	When relationships with relatives and kin are prioritized, protective25
	112	+	factors increase, promoting current and future well-being.26
	113	+	(i) The most critical factors for consideration in permanency27
	114	+	1024
	115	+	-3- planning should be the safety of the family home and a child's or youth's1
	116	+	key attachments and family connections. These factors, rather than the2
	117	+	number of months spent in foster care, or even a child's or youth's new3
	118	+	attachment to foster parents, should drive permanency decisions.4
	119	+	(2) The general assembly therefore declares that it is crucial to5
	120	+	promote kinship care as an essential permanency option for children and6
	121	+	youth, to remove barriers to children's and youth's safe care by relatives7
	122	+	and kin when such children and youth cannot be safely cared for by their8
	123	+	parents, and to support the provision of resources and services to9
	124	+	relatives, kin, and other caregivers.10
	125	+	SECTION 2. In Colorado Revised Statutes, 19-1-303, amend11
	126	+	(11)(a) and (11)(d) as follows:12
	127	+	19-1-303. General provisions - delinquency and dependency13
	128	+	and neglect cases - exchange of information - civil penalty - rules -14
	129	+	definitions. (11) (a) The judicial department or any agency described in15
	130	+	subsection (1)(a) of this section may provide a prospective foster parent,16
	131	+	RELATIVE, OR KIN CAREGIVER, as defined by rule of the department of17
	132	+	human services, or a foster parent who is responsible for the health or18
	133	+	welfare of a foster child named in a report who is residing in the foster19
	134	+	parent's home, with information that is necessary to meet the foster child's20
	135	+	physical, mental, emotional, behavioral, and other identified trauma21
	136	+	needs.22
	137	+	(d) The foster parent, RELATIVE, OR KIN CAREGIVER shall maintain23
	138	+	the confidentiality of any information obtained pursuant to this subsection24
	139	+	(11).25
	140	+	SECTION 3. In Colorado Revised Statutes, 19-3-403, amend26
	141	+	(3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V); and add (3.6)(a)(VI), (3.6)(d),27
	142	+	1024
	143	+	-4- and (9) as follows:1
	144	+	19-3-403. Temporary custody - hearing - time limits -2
	145	+	restriction - caregiver rights - rules. (3.6) (a) (III) The court shall3
	146	+	advise the child's parents that the child OR YOUTH may be placed with a4
	147	+	relative if, in the court's opinion, such placement is appropriate and in the5
	148	+	child's best interests OR KIN. The court shall order the parents to complete6
	149	+	the form affidavit and advisement described in subsection (3.6)(a)(I) of7
	150	+	this section no later than seven business days after the HEARING date of8
	151	+	the hearing or prior to the next hearing on the matter, whichever occurs9
	152	+	first. THE ORIGINAL COMPLETED RELATIVE AFFIDAVIT MUST BE FILED WITH10
	153	+	THE COURT AND SERVED ON ALL PARTIES NO LATER THAN SEVEN DAYS11
	154	+	AFTER THE HEARING DATE. THE COURT SHALL ASK THE PARENT IF THERE12
	155	+	ARE ANY CHANGES TO THE INFORMATION ON THE RELATIVE OR KIN13
	156	+	AFFIDAVIT AT HEARINGS HELD PURSUANT TO SECTIONS 19-3-507 AND14
	157	+	19-3-702,
	158	+	AND IF THE PARENT HAS NOT COMPLETED THE RELATIVE OR KIN15
	159	+	AFFIDAVIT, THE COURT SHALL ASK THE PARENT , ON THE RECORD, FOR16
	160	+	NAMES AND CONTACT INFORMATION FOR RELATIVES AND KIN WHOM THE17
	161	+	PARENT WOULD LIKE CONSIDERED FOR
	162	+	ENGAGEMENT IN THE CASE. The18
	163	+	original completed form must be filed with the court and a copy delivered19
	164	+	to the county department of human or social services no later than five20
	165	+	business days after the date of the hearing. Each parent, the guardian ad21
	166	+	litem or counsel for youth, and counsel for each parent, if any, shall MUST22
	167	+	also receive copies of the completed form
	168	+	AFFIDAVIT. The court may23
	169	+	advise each parent of the penalties associated with perjury and contempt24
	170	+	of court, if necessary. Each parent may suggest an adult relative or25
	171	+	relatives,
	172	+	OR KIN, whom the parent believes to be the most appropriate26
	173	+	caretaker or caretakers for the child
	174	+	OR YOUTH. If appropriate, the child27
	175	+	1024
	176	+	-5- or children shall OR YOUTH MUST be consulted regarding suggested1
	177	+	relative
	178	+	OR KIN caretakers. The court shall order each parent to notify2
	179	+	every relative
	180	+	OR KIN who may be an appropriate relative OR KIN caretaker3
	181	+	for the child
	182	+	OR YOUTH that failure to come forward in a timely manner4
	183	+	may result in the child
	184	+	OR YOUTH being placed permanently outside of the5
	185	+	home of the child's
	186	+	relatives OR KIN OF THE CHILD OR YOUTH if the child6
	187	+	OR YOUTH is not able to return to the child's OR YOUTH'S home. In7
	188	+	addition, the court shall advise each parent that failure to identify these8
139	189		relatives
140		-	OR KIN in a timely manner may result in the child OR ~~YOUTH being~~
141		-	placed permanently outside of the home of the child's ~~relatives OR KIN OF~~
142		-	~~THE CHILD OR YOUTH~~
143		-	.
144		-	(IV) The court shall order a county department of human or ~~social~~
145		-	services to exercise due diligence to contact all grandparents and ~~other adult~~
146		-	relatives
	190	+	OR KIN in a timely manner may result in the child OR YOUTH9
	191	+	being placed permanently outside of the home of the child's
	192	+	relatives OR10
	193	+	KIN OF THE CHILD OR YOUTH.11
	194	+	(IV) The court shall order a county department of human or social12
	195	+	services to exercise due diligence to contact all grandparents and other13
	196	+	adult relatives
147	197		AND IDENTIFIED KIN within thirty days following
148		-	AFTER ~~the~~
	198	+	AFTER the14
149	199		removal of the child
150		-	OR YOUTH and to inform them about ~~placement~~
	200	+	OR YOUTH and to inform them about placement15
151	201		possibilities for the child
152		-	OR YOUTH, unless the court determines there is
	202	+	OR YOUTH, unless the court determines there is16
153	203		good cause not to contact or good cause to delay contacting the child's
	204	+	OR17
	205	+	YOUTH'S relatives AND KIN, including, but not limited to, family or18
	206	+	domestic violence.19
	207	+	(A) A county department of human or social services shall provide20
	208	+	notice to the relatives
	209	+	AND IDENTIFIED KIN that the child OR YOUTH has21
	210	+	been removed from his or her
	211	+	THE CHILD'S OR YOUTH'S home, options22
	212	+	under federal, state, and local law AN EXPLANATION OF THE VARIOUS23
	213	+	OPTIONS to participate in the child's OR YOUTH'S care or placement AND24
	214	+	OPTIONS THAT MAY BE AVAILABLE TO SUPPORT THE CHILD 'S OR YOUTH'S25
	215	+	FAMILY, AND options that may be lost by failing to respond. and26
	216	+	requirements to become a foster parent, and services and supports27
	217	+	1024
	218	+	-6- available to the child placed in a foster home.1
	219	+	(B) T
	220	+	HE NOTICE MUST INCLUDE INFORMATION ABOUT PROVIDING2
	221	+	CARE FOR THE CHILD OR YOUTH WHILE THE FAMILY RECEIVES3
	222	+	REUNIFICATION SERVICES, WITH THE GOAL OF RETURNING THE CHILD OR4
	223	+	YOUTH TO THE PARENT OR LEGAL GUARDIAN ;
	224	+	THE RELATIVE'S RIGHT TO5
	225	+	INTERVENE IN THE PROCEEDINGS WITH OR WITHOUT AN ATTORNEY6
	226	+	FOLLOWING ADJUDICATION ; AND ADDITIONAL SERVICES AND SUPPORTS7
	227	+	THAT ARE AVAILABLE IN OUT-OF-HOME PLACEMENTS. THE NOTICE MUST8
	228	+	ALSO INCLUDE INFORMATION REGARDING THE STATE 'S ENTITLEMENT9
	229	+	PLANS, INCLUDING BUT NOT LIMITED TO CHILD CARE ASSISTANCE,10
	230	+	SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAMS , THE RELATIVE11
	231	+	GUARDIANSHIP ASSISTANCE PROGRAM , CHILD-ONLY ELIGIBILITY FOR12
	232	+	TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF), AND ADOPTION13
	233	+	ASSISTANCE, AS WELL AS OTHER OPTIONS FOR CONTACT . INFORMATION14
	234	+	ABOUT FAMILY FOSTER CARE CERTIFICATION, INCLUDING HOW TO REQUEST15
	235	+	A VARIANCE FROM CERTIFICATION STANDARDS THAT DO NOT PRESENT A16
	236	+	SAFETY OR HEALTH RISK TO THE CHILD OR YOUTH IN THE HOME AND17
	237	+	SUPPORTS THAT ARE AVAILABLE FOR RELATIVES AND KIN AND CHILDREN18
	238	+	OR YOUTH AND WHAT BACKGROUND CHECKS ARE REQUIRED, AS WELL AS19
	239	+	HOW RELATIVES OR KIN MAY REQUEST THE COURT REVIEW DECISIONS TO20
	240	+	DENY PLACEMENT BASED ON BACKGROUND CHECKS AND WHY21
	241	+	CERTIFICATION AS A KINSHIP FOSTER HOME MAY BE DENIED, MUST ALSO22
	242	+	BE PROVIDED IN THE NOTICE.23
	243	+	(C) T
	244	+	HE STATE DEPARTMENT OF HUMAN SERVICES , IN24
	245	+	CONSULTATION WITH COUNTIES , THE OFFICE OF THE CHILD 'S25
	246	+	REPRESENTATIVE, AND THE OFFICE OF RESPONDENT PARENTS ' COUNSEL,26
	247	+	ALONG WITH OTHER INTERESTED STAKEHOLDERS , SHALL DEVELOP THE27
	248	+	1024
	249	+	-7- WRITTEN NOTICE AND PROMULGATE RULES FOR THE IMPLEMENTATION OF1
	250	+	THIS SECTION.2
	251	+	(D) The county department of human or social services shall3
	252	+	advise each appropriate identified relative that the possibility for4
	253	+	placement of the child in his or her home may terminate at a future date;5
	254	+	request each such relative
	255	+	AND IDENTIFIED KIN who is interested in6
	256	+	becoming a placement option for the child
	257	+	OR YOUTH to come forward at7
	258	+	the earliest possible time to seek placement of the child
	259	+	OR YOUTH in his
	260	+	8
	261	+	or her THE RELATIVE'S OR KIN'S home and to cooperate with the county9
	262	+	department of human or social services to expedite procedures pertaining10
	263	+	to the placement of the child
	264	+	OR YOUTH in his or her
	265	+	THE RELATIVE'S OR11
	266	+	KIN'S home if the child OR YOUTH cannot be safely returned to the CHILD'S12
	267	+	OR YOUTH'S PARENTS' home. of the child's parents. The department of13
	268	+	human services shall promulgate rules for the implementation of this14
	269	+	subparagraph (IV) and subparagraph (III) of this paragraph (a).15
	270	+	(V) The court may consider and SHALL give preference to giving16
	271	+	temporary custody PLACEMENT to a child's OR YOUTH'S relative OR KIN17
	272	+	who is appropriate, capable, willing, and available for care, if it is in the18
	273	+	best interests of the child and if the court GIVING PRIMARY19
	274	+	CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND20
	275	+	EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE21
	276	+	REGARDING PLACEMENT. THE COURT SHALL ALSO FIND finds that there is22
	277	+	no suitable birth or adoptive parent available, with due diligence having23
	278	+	been exercised in attempting to locate any such birth or adoptive parent.24
	279	+	A
	280	+	PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR RELATIVE OR25
	281	+	KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT26
	282	+	WOULD HINDER REUNIFICATION. The court may place or continue custody27
	283	+	1024
	284	+	-8- with the county department of human or social services if the court is1
	285	+	satisfied from the information presented at the hearing that such custody2
	286	+	is appropriate and in the child's
	287	+	OR YOUTH'S best interests, or the court3
	288	+	may enter such other orders as are appropriate. The court may authorize4
	289	+	the county department of human or social services with custody of a child5
	290	+	OR YOUTH to place the child OR YOUTH with a relative OR KIN without the6
	291	+	necessity for a hearing if a county department
	292	+	OF HUMAN OR SOCIAL7
	293	+	SERVICES locates an appropriate,
	294	+	A capable and willing relative OR KIN8
	295	+	who is available to care for the child
	296	+	OR YOUTH and the guardian ad litem9
	297	+	of the child
	298	+	OR YOUTH concurs that the placement is in the best interests10
	299	+	of the child
	300	+	OR YOUTH. If the county department of human or social11
	301	+	services places a child
	302	+	OR YOUTH with a relative OR KIN without a hearing12
	303	+	pursuant to the provisions of
	304	+	this subsection (3.6)(a)(V), the county13
	305	+	department
	306	+	OF HUMAN OR SOCIAL SERVICES shall fully inform the court of14
	307	+	the details concerning the child's
	308	+	OR YOUTH'S placement on the record at15
	309	+	the next hearing. If the court enters an order removing a child
	310	+	OR YOUTH16
	311	+	from the home or continuing a child
	312	+	OR YOUTH in a placement out of the17
	313	+	home, the court shall make the findings required pursuant to section18
	314	+	19-1-115 (6), if such findings are warranted by the evidence.19
	315	+	(VI) T
	316	+	HE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR20
	317	+	SOCIAL SERVICES OR OTHER SOCIAL SERVICES AGENCY SHALL EXERCISE21
	318	+	DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN WHO22
	319	+	RESPOND TO THE NOTICE REQUIRED PURSUANT TO SUBSECTION23
	320	+	(3.6)(a)(IV)
	321	+	OF THIS SECTION. UPON A REQUEST BY A RELATIVE OR KIN OR24
	322	+	PARTY TO THE PROCEEDINGS, THE COURT MAY CONDUCT A REVIEW OF THE25
	323	+	APPLICABLE AGENCY'S DUE DILIGENCE TO CONTACT AND ENGAGE26
	324	+	RELATIVES AND KIN PURSUANT TO SUBSECTION (3.6)(a)(IV) OF THIS27
	325	+	1024
	326	+	-9- SECTION. IF THE COURT FINDS THAT THE APPLICABLE AGENCY DID NOT1
	327	+	EXERCISE DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN2
	328	+	WHO RESPONDED TO THE NOTICE, THE COURT MAY ORDER THE APPLICABLE3
	329	+	AGENCY TO EXERCISE DUE DILIGENCE BY ENGAGING THE RELATIVES AND4
	330	+	KIN IN THE FOLLOWING ACTIVITIES RELATED TO THE CARE AND PLANNING5
	331	+	FOR A CHILD OR YOUTH, DETERMINED IN CONSULTATION WITH THE OTHER6
	332	+	PARTIES:7
	333	+	(A) P
	334	+	ARTICIPATING IN CASE PLANNING FOR THE CHILD OR YOUTH8
	335	+	AND THE CHILD'S OR YOUTH'S PARENT, INCLUDING IDENTIFYING SERVICES9
	336	+	AND RESOURCES THAT MEET THE INDIVIDUALIZED NEEDS OF THE CHILD OR10
	337	+	YOUTH AND THE CHILD 'S OR YOUTH'S PARENT. A RELATIVE'S OR KIN'S11
	338	+	PARTICIPATION IN CASE PLANNING MAY BE IN PERSON , VIA PHONE, OR BY12
	339	+	ELECTRONIC MEANS.13
	340	+	(B) I
	341	+	DENTIFYING THE STRENGTHS AND NEEDS OF THE CHILD OR14
	342	+	YOUTH AND THE CHILD'S OR YOUTH'S PARENT;15
	343	+	(C) A
	344	+	SKING THE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN16
	345	+	OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, TO CONSIDER17
	346	+	THE RELATIVE OR KIN FOR PLACEMENT WITH THE CHILD OR YOUTH18
	347	+	PURSUANT TO SUBSECTION (3.6)(a)(IV)(D) OF THIS SECTION;19
	348	+	(D) A
	349	+	CTING AS A SUPPORT PERSON FOR THE CHILD OR YOUTH , THE20
	350	+	CHILD'S OR YOUTH'S PARENT, AND THE CHILD'S OR YOUTH'S CURRENT21
	351	+	CAREGIVER, INCLUDING COLLABORATING WITH FOSTER PARENTS TO22
	352	+	SUPPORT A HEALTHY TRANSITION FOR A CHILD OR YOUTH TO FAMILY TIME23
	353	+	OR PLACEMENT WITH A RELATIVE , WHEN APPROPRIATE;24
	354	+	(E) S
	355	+	UPERVISING FAMILY TIME WHEN AUTHORIZED PURSUANT TO25
	356	+	SECTION 19-3-217;26
	357	+	(F) P
	358	+	ROVIDING RESPITE CARE FOR THE CHILD OR YOUTH AND27
	359	+	1024
	360	+	-10- HAVING FAMILY VACATION TIME WITH THE CHILD OR YOUTH ;1
	361	+	(G) P
	362	+	ROVIDING TRANSPORTATION ;2
	363	+	(H) S
	364	+	UGGESTING OTHER RELATIVES OR KIN WHO MAY BE ABLE TO3
	365	+	PARTICIPATE IN THE CASE PLAN OR WHOM THE COUNTY DEPARTMENT OF4
	366	+	HUMAN OR SOCIAL SERVICES, OR OTHER SOCIAL SERVICES AGENCY, MAY5
	367	+	CONSIDER FOR THE PLACEMENT OF THE CHILD OR YOUTH . THE COUNTY6
	368	+	DEPARTMENT OF HUMAN OR SOCIAL SERVICES , OR OTHER SOCIAL SERVICES7
	369	+	AGENCY, SHALL SEND A NOTICE TO EACH RELATIVE OR KIN IDENTIFIED BY8
	370	+	OTHER RELATIVES OR KIN, UNLESS A RELATIVE OR KIN RECEIVED THE9
	371	+	NOTICE EARLIER IN THE CASE OR WAS RULED OUT AS A RESOURCE OR10
	372	+	PLACEMENT BY THE COURT.11
	373	+	(I) H
	374	+	ELPING MAINTAIN THE CHILD'S OR YOUTH'S FAMILIAR AND12
	375	+	REGULAR ACTIVITIES, AS WELL AS CONTACT WITH THE CHILD'S OR YOUTH'S13
	376	+	FRIENDS, RELATIVES, AND KIN, INCLUDING PROVIDING SUPERVISION OF THE14
	377	+	CHILD OR YOUTH AT FAMILY GATHERINGS AND EVENTS ; AND15
	378	+	(J) P
	379	+	ARTICIPATING IN THE CHILD'S OR YOUTH'S FAMILY AND16
	380	+	PERMANENCY TEAM IF THE CHILD OR YOUTH IS PLACED IN A QUALIFIED17
	381	+	RESIDENTIAL TREATMENT PROGRAM .18
	382	+	(d) A
	383	+	RELATIVE OR KIN CAREGIVER HAS THE RIGHT TO :19
	384	+	(I) B
	385	+	E TREATED WITH DIGNITY AND RESPECT AND TO BE20
	386	+	CONSIDERED AS A TEAM MEMBER WHO IS MAKING IMPORTANT21
	387	+	CONTRIBUTIONS TO THE OBJECTIVES OF THE CHILD WELFARE SYSTEM ,22
	388	+	INCLUDING THE REUNIFICATION OF THE CHILD OR YOUTH WITH THE CHILD 'S23
	389	+	OR YOUTH'S PARENTS WHENEVER SAFELY POSSIBLE ;24
	390	+	(II) R
	391	+	ECEIVE TRAINING AND SUPPORT FROM THE STATE25
	392	+	DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN26
	393	+	OR SOCIAL SERVICES TO IMPROVE THE CAREGIVER 'S SKILLS IN PROVIDING27
	394	+	1024
	395	+	-11- DAILY CARE AND MEETING THE SPECIAL NEEDS OR DISABILITY -RELATED1
	396	+	NEEDS OF A CHILD OR YOUTH IN THE CAREGIVER 'S CARE;2
	397	+	(III) B
	398	+	E INFORMED BY THE APPLICABLE CHILD PLACEMENT AGENCY3
	399	+	OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ABOUT HOW TO4
	400	+	REACH AFTER-HOURS CONTACTS; AND5
	401	+	(IV) B
	402	+	E INFORMED ABOUT AVAILABLE FINANCIAL ASSISTANCE AND6
	403	+	THE FINANCIAL CONSEQUENCES OF NOT PURSUING CERTIFICATION AS A7
	404	+	FOSTER HOME, INCLUDING INELIGIBILITY FOR THE STATE 'S RELATIVE8
	405	+	GUARDIANSHIP ASSISTANCE PROGRAM .9
	406	+	(9) I
	407	+	F THE SOLE ISSUE PREVENTING AN EMERGENCY PLACEMENT OF10
	408	+	A CHILD WITH A RELATIVE OR KIN IS A LACK OF RESOURCES , THE COUNTY11
	409	+	DEPARTMENT SHALL USE REASONABLE EFFORTS TO ASSIST THE RELATIVE12
	410	+	OR KIN WITH OBTAINING THE NECESSARY ITEMS WITHIN EXISTING13
	411	+	AVAILABLE RESOURCES.14
	412	+	SECTION 4. In Colorado Revised Statutes, 19-3-507, amend (4)15
	413	+	and (5)(a); and add (1)(b.5), (1)(b.7), (1)(d), (1)(e), (5)(d), and (5)(e) as16
	414	+	follows:17
	415	+	19-3-507. Dispositional hearing. (1) (b.5) I
	416	+	F THE COUNTY18
	417	+	DEPARTMENT LOCATES A CAPABLE , WILLING, AND AVAILABLE RELATIVE19
	418	+	OR KIN FOR THE CHILD OR YOUTH, IT IS PRESUMED THAT PLACEMENT OF20
	419	+	THE CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN THE BEST21
	420	+	INTERESTS OF THE CHILD OR YOUTH. THE PRESUMPTION MAY BE REBUTTED22BY A PREPONDERANCE OF THE EVIDENCE , GIVING PRIMARY23
	421	+	CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND24
	422	+	EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE25
	423	+	REGARDING PLACEMENT. THE COURT SHALL CONSIDER WHETHER A26
	424	+	PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT27
	425	+	1024
	426	+	-12- AND CHILD OR YOUTH AND THE PARENT'S PREFERENCE REGARDING1
	427	+	PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR2
	428	+	RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED3
	429	+	PLACEMENT WOULD HINDER REUNIFICATION .4
	430	+	(b.7) UPON THE MOTION OF A PARTY FOR PLACEMENT OF A CHILD5
	431	+	OR YOUTH WITH A RELATIVE OR KIN, IF THE PARTY OBJECTS TO THE6
	432	+	REQUESTED PLACEMENT, THE COURT SHALL HOLD A HEARING WITHIN7
	433	+	SIXTY-THREE DAYS AFTER THE OBJECTION TO DETERMINE WHETHER THE8
	434	+	CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR KIN. WHEN A9
	435	+	CHILD OR YOUTH RESIDES WITH A RELATIVE OR KIN, ANY OTHER RELATIVE10
	436	+	OR KIN SEEKING A PLACEMENT CHANGE SHALL ADDRESS THE FACTORS SET11
	437	+	FORTH IN SECTION 19-3-702 (6).12
	438	+	(d) I
	439	+	F THE COURT DENIES PLACEMENT WITH A RELATIVE OR KIN ,13
	440	+	THE COURT SHALL MAKE DETAILED FINDINGS REGARDING THE REASONS14
	441	+	FOR DENIAL. A DECISION BY A RELATIVE OR KIN TO NOT BE INITIALLY15
	442	+	IDENTIFIED AS A POTENTIAL PLACEMENT RESOURCE MUST NOT BE THE16
	443	+	SOLE BASIS FOR THE COURT TO LATER RULE OUT THE RELATIVE OR KIN AS17
	444	+	THE CHILD'S OR YOUTH'S PERMANENT PLACEMENT . WHEN DETERMINING18
	445	+	WHETHER A CHILD OR YOUTH SHOULD BE PLACED WITH A RELATIVE OR19
	446	+	KIN, THE COURT SHALL
	447	+	GIVE PRIMARY CONSIDERATION TO A CHILD'S OR20
	448	+	YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS. THE COURT SHALL21
	449	+	NOT CONSIDER ANY OF THE FOLLOWING FACTORS UNLESS ONE OF THE22
	450	+	FACTORS WOULD THREATEN THE MENTAL , PHYSICAL, AND EMOTIONAL23
	451	+	HEALTH OR SAFETY OF THE CHILD OR YOUTH :24
	452	+	(I) T
	453	+	HE SIZE OF THE HOME, INCLUDING WHETHER THE CHILD OR25
	454	+	YOUTH WOULD HAVE A SEPARATE ROOM ;26
	455	+	(II) T
	456	+	HE SOCIOECONOMIC STATUS OF THE RELATIVE OR KIN27
	457	+	1024
	458	+	-13- COMPARED TO OTHER AVAILABLE PLACEMENT OPTIONS ;1
	459	+	(III) T
	460	+	HE ABILITY OF THE RELATIVE OR KIN TO SUPPORT THE2
	461	+	CHILD'S OR YOUTH'S PARTICIPATION IN EXTRACURRICULAR
	462	+	ACTIVITIES; 3
	463	+	(IV) O
	464	+	RDINARY BONDING OR ATTACHMENT THAT OCCURRED4
	465	+	DURING TIME SPENT IN FOSTER PLACEMENT ;5
	466	+	(V) I
	467	+	MMIGRATION STATUS OF THE RELATIVE OR KIN ;
	468	+	OR6
	469	+	(VI) A
	470	+	GE OR ANY DISABILITY OF THE RELATIVE OR
	471	+	KIN.7
	472	+	(e) THE COURT MAY CONSIDER THE RELATIVE'S OR KIN'S CRIMINAL8
	473	+	BACKGROUND, AS PERMITTED BY SECTION 19-3-406. WHEN CONSIDERING9
	474	+	WHETHER TO ALLOW A PLACEMENT WITH A RELATIVE OR KIN WHO HAS10
	475	+	BEEN DISQUALIFIED FOR PLACEMENT PURSUANT TO SECTION 19-3-406, THE11
	476	+	COURT SHALL CONSIDER THE FOLLOWING FACTORS :12
	477	+	(I) WHETHER THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, OR13
	478	+	EMOTIONAL NEEDS WOULD BE ADVERSELY AFFECTED ;14
	479	+	(II) THE NATURE OF THE CRIME OF CONVICTION ;15
	480	+	(III) WHETHER THERE IS A DIRECT RELATIONSHIP BETWEEN THE16
	481	+	CONVICTION AND THE RELATIVE 'S OR KIN'S ABILITY TO PROVIDE17
	482	+	COMPETENT AND SAFE CARE TO THE CHILD OR YOUTH ;18
	483	+	(IV) LENGTH OF TIME SINCE CONVICTION; AND19
	484	+	(V) EVIDENCE OF REHABILITATION.20
	485	+	(4) (a) In any case in which the disposition is placement out of the21
	486	+	home, except for children
	487	+	OR YOUTH committed to the department of22
	488	+	human services, the court shall, at the time of placement, set a review23
	489	+	within ninety
	490	+	NINETY-ONE days to determine whether continued24
	491	+	placement is necessary and in the best interests of the child
	492	+	OR YOUTH and25
	493	+	the community, and whether reasonable efforts have been made to return26
	494	+	the child
	495	+	OR YOUTH to the home or, in the case of a sibling group, whether27
	496	+	1024
	497	+	-14- it is in the best interests of the children OR YOUTH in the sibling group to1
	498	+	be placed together. If the county department locates an appropriate,2
	499	+	capable, willing, and available joint placement for all of the children
	500	+	OR3
	501	+	YOUTH in the sibling group, it shall be
	502	+	IS presumed that placement of the4
	503	+	entire sibling group in the joint placement is in the best interests of the5
	504	+	children
	505	+	OR YOUTH. Such presumption may be rebutted by a6
	506	+	preponderance of the evidence that placement of the entire sibling group7
	507	+	in the joint placement is not in the best interests of a child, or of the
	508	+	8
	509	+	children,
	510	+	OR YOUTH.9 (b) IF THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,10
	511	+	AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH, IT IS11
	512	+	PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE12
	513	+	OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH . THE13
	514	+	PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE ,14
	515	+	GIVING PRIMARY CONSIDERATION TO THE CHILD 'S OR YOUTH'S MENTAL,15
	516	+	PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S16
	517	+	PREFERENCE REGARDING PLACEMENT . THE COURT SHALL CONSIDER17
	518	+	WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE18
	519	+	THE PARENT AND THE CHILD OR YOUTH AND THE PARENT 'S PREFERENCE19
	520	+	REGARDING PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH A20
	521	+	PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT21
	522	+	THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION . 22
	523	+	(c) The judge shall review the family services plan document23
	524	+	regarding placement of siblings. Notice of said review shall be given by24
	525	+	SIBLINGS AND EFFORTS TO LOCATE RELATIVES OR KIN . IF THE CHILD OR25
	526	+	YOUTH IS RESIDING WITH A RELATIVE OR KIN, THE FAMILY SERVICES PLAN26
	527	+	MUST DESCRIBE THE EFFORTS MADE BY THE COUNTY TO MAINTAIN THE27
	528	+	1024
	529	+	-15- CHILD OR YOUTH IN THE RELATIVE OR KINSHIP HOME AND TO NOT REMOVE1
	530	+	THE CHILD OR YOUTH FROM THE KINSHIP OR RELATIVE HOME EXCEPT TO2
	531	+	EFFECTUATE A PERMANENCY GOAL OF REUNIFICATION OR AFTER FINDING3
	532	+	THAT REMAINING IN THE KINSHIP PLACEMENT IS CONTRARY TO THE CHILD 'S4
	533	+	OR YOUTH'S MENTAL, PHYSICAL, OR EMOTIONAL NEEDS, OR WHEN THE5
	534	+	RELATIVE OR KINSHIP PLACEMENT DECIDES THEY ARE NO LONGER ABLE TO6
	535	+	CARE FOR THE CHILD OR YOUTH . The court SHALL GIVE NOTICE OF THE7
	536	+	REVIEW to all parties and to the director of the facility or agency in which8
	537	+	the child
	538	+	OR YOUTH is placed and any person who has physical custody of9
	539	+	the
	540	+	child OR YOUTH and any attorney or guardian ad litem of record. The10
	541	+	review shall be conducted in accordance with section 19-1-115 (8)(f).11
	542	+	(5) (a) Parents, grandparents,
	543	+	OR relatives or foster parents who
	544	+	12
	545	+	have the child in their care for more than three months who have13
	546	+	information or knowledge concerning the care and protection of the child14
154	547		OR
155		-	YOUTH
156		-	'S relatives AND KIN, including, but not limited to, family or domestic
157		-	violence.
158		-	(A) A county department of human or social services shall provide
159		-	PAGE 4-HOUSE BILL 23-1024 notice to the relatives AND IDENTIFIED KIN that the child OR YOUTH has been
160		-	removed from his or her THE CHILD'S OR YOUTH'S home, options under
161		-	federal, state, and local law AN EXPLANATION OF THE VARIOUS OPTIONS to
162		-	participate in the child's
163		-	OR YOUTH'S care or placement AND OPTIONS THAT
164		-	MAY BE AVAILABLE TO SUPPORT THE CHILD
165		-	'S OR YOUTH'S FAMILY, AND
166		-	options that may be lost by failing to respond. and requirements to become
167		-	a foster parent, and services and supports available to the child placed in a
168		-	foster home.
169		-	(B) THE NOTICE MUST INCLUDE INFORMATION ABOUT PROVIDING
170		-	CARE FOR THE CHILD OR YOUTH WHILE THE FAMILY RECEIVES REUNIFICATION
171		-	SERVICES
172		-	, WITH THE GOAL OF RETURNING THE CHILD OR YOUTH TO THE
173		-	PARENT OR LEGAL GUARDIAN
174		-	; THE RELATIVE'S RIGHT TO INTERVENE IN THE
175		-	PROCEEDINGS WITH OR WITHOUT AN ATTORNEY FOLLOWING ADJUDICATION
176		-	;
177		-	AND ADDITIONAL SERVICES AND SUPPORTS THAT ARE AVAILABLE IN
178		-	OUT
179		-	-OF-HOME PLACEMENTS. THE NOTICE MUST ALSO INCLUDE INFORMATION
180		-	REGARDING THE STATE
181		-	'S ENTITLEMENT PLANS, INCLUDING BUT NOT LIMITED
182		-	TO CHILD CARE ASSISTANCE
183		-	, SUPPLEMENTAL NUTRITIONAL ASSISTANCE
184		-	PROGRAMS
185		-	, THE RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM ,
186		-	CHILD-ONLY ELIGIBILITY FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
187		-	(TANF), AND ADOPTION ASSISTANCE , AS WELL AS OTHER OPTIONS FOR
188		-	CONTACT
189		-	. INFORMATION ABOUT FAMILY FOSTER CARE CERTIFICATION ,
190		-	INCLUDING HOW TO REQUEST A VARIANCE FROM CERTIFICATION STANDARDS
191		-	THAT DO NOT PRESENT A SAFETY OR HEALTH RISK TO THE CHILD OR YOUTH
192		-	IN THE HOME AND SUPPORTS THAT ARE AVAILABLE FOR RELATIVES AND KIN
193		-	AND CHILDREN OR YOUTH AND WHAT BACKGROUND CHECKS ARE REQUIRED
194		-	,
195		-	AS WELL AS HOW RELATIVES OR KIN MAY REQUEST THE COURT REVIEW
196		-	DECISIONS TO DENY PLACEMENT BASED ON BACKGROUND CHECKS AND WHY
197		-	CERTIFICATION AS A KINSHIP FOSTER HOME MAY BE DENIED
198		-	, MUST ALSO BE
199		-	PROVIDED IN THE NOTICE
200		-	.
201		-	(C) T
202		-	HE STATE DEPARTMENT OF HUMAN SERVICES , IN CONSULTATION
203		-	WITH COUNTIES
204		-	, THE OFFICE OF THE CHILD'S REPRESENTATIVE, AND THE
205		-	OFFICE OF RESPONDENT PARENTS
206		-	' COUNSEL, ALONG WITH OTHER INTERESTED
207		-	STAKEHOLDERS
208		-	, SHALL DEVELOP THE WRITTEN NOTICE AND PROMULGATE
209		-	RULES FOR THE IMPLEMENTATION OF THIS SECTION
210		-	.
211		-	(D) The county department of human or social services shall advise
212		-	each appropriate identified relative that the possibility for placement of the
213		-	child in his or her home may terminate at a future date; request each such
214		-	PAGE 5-HOUSE BILL 23-1024 relative AND IDENTIFIED KIN who is interested in becoming a placement
215		-	option for the child
216		-	OR YOUTH to come forward at the earliest possible time
217		-	to seek placement of the child
218		-	OR YOUTH in his or her
219		-	THE RELATIVE'S OR
220		-	KIN
221		-	'S home and to cooperate with the county department of human or social
222		-	services to expedite procedures pertaining to the placement of the child
223		-	OR
224		-	YOUTH
225		-	in his or her
226		-	THE RELATIVE'S OR KIN'S home if the child OR YOUTH
227		-	cannot be safely returned to the CHILD'S OR YOUTH'S PARENTS' home. of the
228		-	child's parents. The department of human services shall promulgate rules for
229		-	the implementation of this subparagraph (IV) and subparagraph (III) of this
230		-	paragraph (a).
231		-	(V) The court may consider and SHALL give preference to giving
232		-	temporary custody PLACEMENT to a child's OR YOUTH'S relative OR KIN who
233		-	is appropriate, capable, willing, and available for care, if it is in the best
234		-	interests of the child and if the court finds GIVING PRIMARY CONSIDERATION
235		-	TO THE CHILD
236		-	'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS,
237		-	INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
238		-	T
239		-	HE COURT SHALL ALSO FIND that there is no suitable birth or adoptive
240		-	parent available, with due diligence having been exercised in attempting to
241		-	locate any such birth or adoptive parent. A
242		-	PARENT'S OBJECTION TO
243		-	PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT
244		-	TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION
245		-	.
246		-	The court may place or continue custody with the county department of
247		-	human or social services if the court is satisfied from the information
248		-	presented at the hearing that such custody is appropriate and in the child's
249		-	OR YOUTH'S best interests, or the court may enter such other orders as are
250		-	appropriate. The court may authorize the county department of human or
251		-	social services with custody of a child
252		-	OR YOUTH to place the child OR
253		-	YOUTH
254		-	with a relative OR KIN without the necessity for a hearing if a county
255		-	department
256		-	OF HUMAN OR SOCIAL SERVICES locates an appropriate,
257		-	A
258		-	capable and willing relative OR KIN who is available to care for the child OR
259		-	YOUTH
260		-	and the guardian ad litem of the child OR YOUTH concurs that the
261		-	placement is in the best interests of the child
262		-	OR YOUTH. If the county
263		-	department of human or social services places a child
264		-	OR YOUTH with a
265		-	relative
266		-	OR KIN without a hearing pursuant to the provisions of
267		-	this
268		-	subsection (3.6)(a)(V), the county department
269		-	OF HUMAN OR SOCIAL
270		-	SERVICES
271		-	shall fully inform the court of the details concerning the child's OR
272		-	YOUTH
273		-	'S placement on the record at the next hearing. If the court enters an
274		-	order removing a child
275		-	OR YOUTH from the home or continuing a child OR
276		-	YOUTH
277		-	in a placement out of the home, the court shall make the findings
278		-	PAGE 6-HOUSE BILL 23-1024 required pursuant to section 19-1-115 (6), if such findings are warranted by
279		-	the evidence.
280		-	(VI) T
281		-	HE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR SOCIAL
282		-	SERVICES OR OTHER SOCIAL SERVICES AGENCY SHALL EXERCISE DUE
283		-	DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN WHO RESPOND TO
284		-	THE NOTICE REQUIRED PURSUANT TO SUBSECTION
285		-	(3.6)(a)(IV) OF THIS
286		-	SECTION
287		-	. UPON A REQUEST BY A RELATIVE OR KIN OR PARTY TO THE
288		-	PROCEEDINGS
289		-	, THE COURT MAY CONDUCT A REVIEW OF THE APPLICABLE
290		-	AGENCY
291		-	'S DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN
292		-	PURSUANT TO SUBSECTION
293		-	(3.6)(a)(IV) OF THIS SECTION. IF THE COURT
294		-	FINDS THAT THE APPLICABLE AGENCY DID NOT EXERCISE DUE DILIGENCE TO
295		-	CONTACT AND ENGAGE RELATIVES AND KIN WHO RESPONDED TO THE
296		-	NOTICE
297		-	, THE COURT MAY ORDER THE APPLICABLE AGENCY TO EXERCISE DUE
298		-	DILIGENCE BY ENGAGING THE RELATIVES AND KIN IN THE FOLLOWING
299		-	ACTIVITIES RELATED TO THE CARE AND PLANNING FOR A CHILD OR YOUTH
300		-	,
301		-	DETERMINED IN CONSULTATION WITH THE OTHER PARTIES :
302		-	(A) P
303		-	ARTICIPATING IN CASE PLANNING FOR THE CHILD OR YOUTH
304		-	AND THE CHILD
305		-	'S OR YOUTH'S PARENT, INCLUDING IDENTIFYING SERVICES
306		-	AND RESOURCES THAT MEET THE INDIVIDUALIZED NEEDS OF THE CHILD OR
307		-	YOUTH AND THE CHILD
308		-	'S OR YOUTH'S PARENT. A RELATIVE'S OR KIN'S
309		-	PARTICIPATION IN CASE PLANNING MAY BE IN PERSON
310		-	, VIA PHONE, OR BY
311		-	ELECTRONIC MEANS
312		-	.
313		-	(B) I
314		-	DENTIFYING THE STRENGTHS AND NEEDS OF THE CHILD OR
315		-	YOUTH AND THE CHILD
316		-	'S OR YOUTH'S PARENT;
317		-	(C) A
318		-	SKING THE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR
319		-	SOCIAL SERVICES
320		-	, OR OTHER SOCIAL SERVICES AGENCY , TO CONSIDER THE
321		-	RELATIVE OR KIN FOR PLACEMENT WITH THE CHILD OR YOUTH PURSUANT TO
322		-	SUBSECTION
323		-	(3.6)(a)(IV)(D) OF THIS SECTION;
324		-	(D) A
325		-	CTING AS A SUPPORT PERSON FOR THE CHILD OR YOUTH , THE
	548	+	YOUTH, OR KIN CAREGIVER WHO HAS THE CHILD IN THE CAREGIVER'S15
	549	+	CARE FOR MORE THAN THREE MONTHS, may intervene as a matter of right16
	550	+	following adjudication with or without counsel.17
	551	+	(d) F
	552	+	OSTER PARENTS
	553	+	WHO HAVE THE CHILD OR YOUTH IN THEIR18
	554	+	CARE FOR TWELVE MONTHS OR MORE MAY INTERVENE, AS A MATTER OF19
	555	+	RIGHT, WITH OR WITHOUT COUNSEL, FOLLOWING ADJUDICATION. THE20
	556	+	PURPOSE OF INTERVENTION IS TO PROVIDE KNOWLEDGE OR INFORMATION21
	557	+	CONCERNING THE CARE AND PROTECTION OF THE CHILD OR YOUTH,22
	558	+	INCLUDING THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL23
	559	+	NEEDS.24
	560	+	(e) AN INTERVENOR MAY NOT , ON THE INTERVENOR'S OWN25
	561	+	MOTION, SEEK TO RESTRICT FAMILY TIME BETWEEN A CHILD OR YOUTH26
	562	+	AND THE PARENT OR RELATIVES, FILE A PETITION TO TERMINATE PARENTAL27
	563	+	1024
	564	+	-16- RIGHTS, OR APPEAL A DENIAL OF TERMINATION OF PARENTAL RIGHTS .1
	565	+	2
	566	+	SECTION 5. In Colorado Revised Statutes, 19-3-508, amend (1)3
	567	+	introductory portion, (1)(b), and (5) as follows:4
	568	+	19-3-508. Neglected or dependent child or youth - disposition5
	569	+	- concurrent planning - definition. (1) When a child
	570	+	OR YOUTH has6
	571	+	been adjudicated to be neglected or dependent, the court may enter a7
	572	+	decree of disposition the same day, but in any event it shall do so within8
	573	+	forty-five
	574	+	FORTY-TWO days, unless the court finds that the best interests9
	575	+	of the child
	576	+	OR YOUTH will be served by granting a delay. In a county10
	577	+	designated pursuant to section 19-1-123, if the child
	578	+	OR YOUTH is under
	579	+	11
	580	+	LESS THAN six years of age at the time a petition is filed in accordance12
	581	+	with section 19-3-501 (2), the court shall enter a decree of disposition13
	582	+	within thirty TWENTY-EIGHT days after the adjudication and shall not14
	583	+	grant a delay unless good cause is shown and unless the court finds that15
	584	+	the best interests of the child
	585	+	OR YOUTH will be served by granting the16
	586	+	delay. It is the intent of the general assembly that the dispositional hearing17
	587	+	be held on the same day as the adjudicatory hearing, whenever possible.18
	588	+	If a delay is granted, the court shall set forth the reasons why a delay is19
	589	+	necessary and the minimum amount of time needed to resolve the reasons20
	590	+	for the delay and shall schedule the hearing at the earliest possible time21
	591	+	following the delay. When the proposed disposition is termination of the22
	592	+	parent-child legal relationship, the hearing on termination must not be23
	593	+	held on the same date as the adjudication, and the time limits set forth24
	594	+	above for dispositional hearings do not apply. When the proposed25
	595	+	disposition is termination of the parent-child legal relationship, the court26
	596	+	may continue the dispositional hearing to the earliest available date for a27
	597	+	1024
	598	+	-17- hearing in accordance with the provisions of subsection (3)(a) of this1
	599	+	section and part 6 of this article 3. When the decree does not terminate the2
	600	+	parent-child legal relationship, the court shall approve an appropriate3
	601	+	treatment plan that must include, but not be limited to, one or more of the4
	602	+	following provisions of subsections (1)(a) to (1)(d) of this section:5
	603	+	(b) The court may place the child
	604	+	OR YOUTH in the legal custody6
	605	+	of a relative
	606	+	OR KIN, including the child's OR YOUTH'S grandparent, or7
	607	+	other suitable person, with or without protective supervision, under such8
	608	+	conditions as the court deems necessary and appropriate. If a child
	609	+	OR9
	610	+	YOUTH is not placed with a parent pursuant to paragraph (a) of this
	611	+	10
	612	+	subsection (1) SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL11
	613	+	GIVE preference may be given by the court for TO placement with a12
	614	+	grandparent pursuant to this paragraph (b) if in the best interests of the13
	615	+	child OR OTHER RELATIVE OR KIN. IF THE COUNTY DEPARTMENT LOCATES14
	616	+	A CAPABLE, WILLING, AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR15
	617	+	YOUTH, IT IS PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH16
	618	+	A RELATIVE OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH .17
	619	+	THE PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE18
	620	+	EVIDENCE, GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S19
	621	+	MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR20
	622	+	YOUTH'S PREFERENCE REGARDING PLACEMENT . THE COURT SHALL21
	623	+	CONSIDER WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO22
	624	+	REUNITE THE PARENT AND THE CHILD OR YOUTH AND THE PARENT 'S23
	625	+	PREFERENCE REGARDING PLACEMENT . A PARENT'S OBJECTION TO24
	626	+	PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE25
	627	+	SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER26
	628	+	REUNIFICATION.27
	629	+	1024
	630	+	-18- (5) (a) In placing the legal custody or guardianship of the person1
	631	+	of a child
	632	+	OR YOUTH with an individual or a private agency, the court shall2
	633	+	give primary consideration to the welfare of the child
	634	+	OR YOUTH but shall3
	635	+	take into consideration the religious
	636	+	AND CULTURAL preferences of the4
326	637		child
327		-	'S OR YOUTH'S PARENT, AND THE CHILD'S OR YOUTH'S CURRENT
328		-	CAREGIVER
329		-	, INCLUDING COLLABORATING WITH FOSTER PARENTS TO SUPPORT
330		-	A HEALTHY TRANSITION FOR A CHILD OR YOUTH TO FAMILY TIME OR
331		-	PLACEMENT WITH A RELATIVE
332		-	, WHEN APPROPRIATE;
333		-	(E) S
334		-	UPERVISING FAMILY TIME WHEN AUTHORIZED PURSUANT TO
335		-	PAGE 7-HOUSE BILL 23-1024 SECTION 19-3-217;
336		-	(F) P
337		-	ROVIDING RESPITE CARE FOR THE CHILD OR YOUTH AND HAVING
338		-	FAMILY VACATION TIME WITH THE CHILD OR YOUTH
339		-	;
340		-	(G) P
341		-	ROVIDING TRANSPORTATION ;
342		-	(H) S
343		-	UGGESTING OTHER RELATIVES OR KIN WHO MAY BE ABLE TO
344		-	PARTICIPATE IN THE CASE PLAN OR WHOM THE COUNTY DEPARTMENT OF
345		-	HUMAN OR SOCIAL SERVICES
346		-	, OR OTHER SOCIAL SERVICES AGENCY , MAY
347		-	CONSIDER FOR THE PLACEMENT OF THE CHILD OR YOUTH
348		-	. THE COUNTY
349		-	DEPARTMENT OF HUMAN OR SOCIAL SERVICES
350		-	, OR OTHER SOCIAL SERVICES
351		-	AGENCY
352		-	, SHALL SEND A NOTICE TO EACH RELATIVE OR KIN IDENTIFIED BY
353		-	OTHER RELATIVES OR KIN
354		-	, UNLESS A RELATIVE OR KIN RECEIVED THE NOTICE
355		-	EARLIER IN THE CASE OR WAS RULED OUT AS A RESOURCE OR PLACEMENT BY
356		-	THE COURT
357		-	.
358		-	(I) H
359		-	ELPING MAINTAIN THE CHILD 'S OR YOUTH'S FAMILIAR AND
360		-	REGULAR ACTIVITIES
361		-	, AS WELL AS CONTACT WITH THE CHILD'S OR YOUTH'S
362		-	FRIENDS
363		-	, RELATIVES, AND KIN, INCLUDING PROVIDING SUPERVISION OF THE
364		-	CHILD OR YOUTH AT FAMILY GATHERINGS AND EVENTS
365		-	; AND
366		-	(J) PARTICIPATING IN THE CHILD 'S OR YOUTH'S FAMILY AND
367		-	PERMANENCY TEAM IF THE CHILD OR YOUTH IS PLACED IN A QUALIFIED
368		-	RESIDENTIAL TREATMENT PROGRAM
369		-	.
370		-	(c) A
371		-	RELATIVE OR KIN CAREGIVER HAS THE RIGHT TO :
372		-	(I) B
373		-	E TREATED WITH DIGNITY AND RESPECT AND TO BE CONSIDERED
374		-	AS A TEAM MEMBER WHO IS MAKING IMPORTANT CONTRIBUTIONS TO THE
375		-	OBJECTIVES OF THE CHILD WELFARE SYSTEM
376		-	, INCLUDING THE REUNIFICATION
377		-	OF THE CHILD OR YOUTH WITH THE CHILD
378		-	'S OR YOUTH'S PARENTS WHENEVER
379		-	SAFELY POSSIBLE
380		-	;
381		-	(II) R
382		-	ECEIVE TRAINING AND SUPPORT FROM THE STATE DEPARTMENT
383		-	OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN OR SOCIAL
384		-	SERVICES TO IMPROVE THE CAREGIVER
385		-	'S SKILLS IN PROVIDING DAILY CARE
386		-	AND MEETING THE SPECIAL NEEDS OR DISABILITY
387		-	-RELATED NEEDS OF A
388		-	CHILD OR YOUTH IN THE CAREGIVER
389		-	'S CARE;
390		-	PAGE 8-HOUSE BILL 23-1024 (III) BE INFORMED BY THE APPLICABLE CHILD PLACEMENT AGENCY
391		-	OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ABOUT HOW TO
392		-	REACH AFTER
393		-	-HOURS CONTACTS; AND
394		-	(IV) BE INFORMED ABOUT AVAILABLE FINANCIAL ASSISTANCE AND
395		-	THE FINANCIAL CONSEQUENCES OF NOT PURSUING CERTIFICATION AS A
396		-	FOSTER HOME
397		-	, INCLUDING INELIGIBILITY FOR THE STATE 'S RELATIVE
398		-	GUARDIANSHIP ASSISTANCE PROGRAM
399		-	.
400		-	(9) I
401		-	F THE SOLE ISSUE PREVENTING AN EMERGENCY PLACEMENT OF
402		-	A CHILD WITH A RELATIVE OR KIN IS A LACK OF RESOURCES
403		-	, THE COUNTY
404		-	DEPARTMENT SHALL USE REASONABLE EFFORTS TO ASSIST THE RELATIVE OR
405		-	KIN WITH OBTAINING THE NECESSARY ITEMS WITHIN EXISTING AVAILABLE
406		-	RESOURCES
407		-	.
408		-	SECTION 4. In Colorado Revised Statutes, 19-3-507, amend (4)
409		-	and (5)(a); and add (1)(b.5), (1)(b.7), (1)(d), (1)(e), (5)(d), and (5)(e) as
410		-	follows:
411		-	19-3-507. Dispositional hearing. (1) (b.5) I
412		-	F THE COUNTY
413		-	DEPARTMENT LOCATES A CAPABLE
414		-	, WILLING, AND AVAILABLE RELATIVE OR
415		-	KIN FOR THE CHILD OR YOUTH
416		-	, IT IS PRESUMED THAT PLACEMENT OF THE
417		-	CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN THE BEST INTERESTS OF
418		-	THE CHILD OR YOUTH
419		-	. THE PRESUMPTION MAY BE REBUTTED BY A
420		-	PREPONDERANCE OF THE EVIDENCE
421		-	, GIVING PRIMARY CONSIDERATION TO
	638	+	OR YOUTH or of his
	639	+	THE parents, whenever practicable.5
	640	+	(b) (I) If the court finds that placement out of the home is6
	641	+	necessary and is in the best interests of the child
	642	+	OR YOUTH and the7
	643	+	community, the court shall place the child
	644	+	OR YOUTH with a relative OR8
	645	+	KIN, including the child's OR YOUTH'S grandparent, as provided in9
	646	+	paragraph (b) of subsection (1)
	647	+	SUBSECTION (1)(b) of this section, if such10
	648	+	placement is in the child's best interests. IN CONSIDERING THE11
	649	+	PLACEMENT, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE12
	650	+	CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS,13
	651	+	INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .14
	652	+	THE COURT SHALL CONSIDER WHETHER A PROPOSED PLACEMENT WOULD15
	653	+	HINDER EFFORTS TO REUNITE THE PARENT AND THE CHILD OR YOUTH AND16
	654	+	THE PARENT'S PREFERENCE REGARDING PLACEMENT. A PARENT'S17
	655	+	OBJECTION TO PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT18
	656	+	ALONE SUFFICIENT TO SHOW THAT THE PROPOSED PLACEMENT WOULD19
	657	+	HINDER REUNIFICATION. The court shall place the child OR YOUTH in the20
	658	+	facility or setting that most appropriately meets the needs of the child
	659	+	OR21
	660	+	YOUTH, the family, and the community. In making its decision as to22
	661	+	proper placement, the court shall utilize the evaluation for placement23
	662	+	prepared pursuant to section 19-1-107. If the court deviates from the24
	663	+	recommendations of the evaluation for placement in a manner that results25
	664	+	in a difference in the cost of the disposition ordered by the court and the26
	665	+	cost of the disposition recommended in the evaluation, the court shall27
	666	+	1024
	667	+	-19- make specific findings of fact relating to its decision, including the1
	668	+	monthly cost of the placement, if ordered. T
	669	+	HE COURT SHALL SEND a copy2
	670	+	of such findings shall be sent
	671	+	to the chief justice of the supreme court,3
	672	+	who shall report annually
	673	+	ON SUCH ORDERS AND FINDINGS OF FACT to the4
	674	+	joint budget committee, and annually to the health, environment, welfare,
	675	+	5
	676	+	and institutions committees THE PUBLIC AND BEHAVIORAL HEALTH AND6
	677	+	HUMAN SERVICES COMMITTEE of the house of representatives, and THE7
	678	+	HEALTH AND HUMAN SERVIC ES COMMITTEE OF THE senate, OR ANY8
	679	+	SUCCESSOR COMMITTEES. of the general assembly on such orders.9
	680	+	(II) Notwithstanding the provisions of subparagraph (I) of this10
	681	+	paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION to the contrary, when11
422	682		the child
423		-	'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS ,
424		-	INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
425		-	T
426		-	HE COURT SHALL CONSIDER WHETHER A PROPOSED PLACEMENT WOULD
427		-	HINDER EFFORTS TO REUNITE THE PARENT AND CHILD OR YOUTH AND THE
428		-	PARENT
429		-	'S PREFERENCE REGARDING PLACEMENT . A PARENT'S OBJECTION TO
430		-	PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT
431		-	TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION
432		-	.
433		-	(b.7) U
434		-	PON THE MOTION OF A PARTY FOR PLACEMENT OF A CHILD OR
435		-	YOUTH WITH A RELATIVE OR KIN
436		-	, IF THE PARTY OBJECTS TO THE REQUESTED
437		-	PLACEMENT
438		-	, THE COURT SHALL HOLD A HEARING WITHIN SIXTY-THREE DAYS
439		-	AFTER THE OBJECTION TO DETERMINE WHETHER THE CHILD OR YOUTH MAY
440		-	BE PLACED WITH THE RELATIVE OR KIN
441		-	. WHEN A CHILD OR YOUTH RESIDES
442		-	WITH A RELATIVE OR KIN
443		-	, ANY OTHER RELATIVE OR KIN SEEKING A
444		-	PLACEMENT CHANGE SHALL ADDRESS THE FACTORS SET FORTH IN SECTION
445		-	PAGE 9-HOUSE BILL 23-1024 19-3-702 (6).
446		-	(d) I
447		-	F THE COURT DENIES PLACEMENT WITH A RELATIVE OR KIN , THE
448		-	COURT SHALL MAKE DETAILED FINDINGS REGARDING THE REASONS FOR
449		-	DENIAL
450		-	. A DECISION BY A RELATIVE OR KIN TO NOT BE INITIALLY IDENTIFIED
451		-	AS A POTENTIAL PLACEMENT RESOURCE MUST NOT BE THE SOLE BASIS FOR
452		-	THE COURT TO LATER RULE OUT THE RELATIVE OR KIN AS THE CHILD
453		-	'S OR
454		-	YOUTH
455		-	'S PERMANENT PLACEMENT . WHEN DETERMINING WHETHER A CHILD
456		-	OR YOUTH SHOULD BE PLACED WITH A RELATIVE OR KIN
457		-	, THE COURT SHALL
458		-	GIVE PRIMARY CONSIDERATION TO A CHILD
459		-	'S OR YOUTH'S MENTAL,
460		-	PHYSICAL, AND EMOTIONAL NEEDS. THE COURT SHALL NOT CONSIDER ANY
461		-	OF THE FOLLOWING FACTORS UNLESS ONE OF THE FACTORS WOULD
462		-	THREATEN THE MENTAL
463		-	, PHYSICAL, AND EMOTIONAL HEALTH OR SAFETY OF
464		-	THE CHILD OR YOUTH
465		-	:
466		-	(I) T
467		-	HE SIZE OF THE HOME, INCLUDING WHETHER THE CHILD OR
468		-	YOUTH WOULD HAVE A SEPARATE ROOM
469		-	;
470		-	(II) T
471		-	HE SOCIOECONOMIC STATUS OF THE RELATIVE OR KIN
472		-	COMPARED TO OTHER AVAILABLE PLACEMENT OPTIONS
473		-	;
474		-	(III) T
475		-	HE ABILITY OF THE RELATIVE OR KIN TO SUPPORT THE CHILD'S
476		-	OR YOUTH
477		-	'S PARTICIPATION IN EXTRACURRICULAR ACTIVITIES ;
478		-	(IV) O
479		-	RDINARY BONDING OR ATTACHMENT THAT OCCURRED DURING
480		-	TIME SPENT IN FOSTER PLACEMENT
481		-	;
482		-	(V) I
483		-	MMIGRATION STATUS OF THE RELATIVE OR KIN ; OR
484		-	(VI) AGE OR ANY DISABILITY OF THE RELATIVE OR KIN.
485		-	(e) T
486		-	HE COURT MAY CONSIDER THE RELATIVE 'S OR KIN'S CRIMINAL
487		-	BACKGROUND
488		-	, AS PERMITTED BY SECTION 19-3-406. WHEN CONSIDERING
489		-	WHETHER TO ALLOW A PLACEMENT WITH A RELATIVE OR KIN WHO HAS BEEN
490		-	DISQUALIFIED FOR PLACEMENT PURSUANT TO SECTION
491		-	19-3-406, THE COURT
492		-	SHALL CONSIDER THE FOLLOWING FACTORS
493		-	:
494		-	(I) W
495		-	HETHER THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, OR
496		-	EMOTIONAL NEEDS WOULD BE ADVERSELY AFFECTED
497		-	;
498		-	PAGE 10-HOUSE BILL 23-1024 (II) THE NATURE OF THE CRIME OF CONVICTION ;
499		-	(III) W
500		-	HETHER THERE IS A DIRECT RELATIONSHIP BETWEEN THE
501		-	CONVICTION AND THE RELATIVE
502		-	'S OR KIN'S ABILITY TO PROVIDE COMPETENT
503		-	AND SAFE CARE TO THE CHILD OR YOUTH
504		-	;
505		-	(IV) L
506		-	ENGTH OF TIME SINCE CONVICTION; AND
507		-	(V) EVIDENCE OF REHABILITATION.
508		-	(4) (a) In any case in which the disposition is placement out of the
509		-	home, except for children
510		-	OR YOUTH committed to the department of human
511		-	services, the court shall, at the time of placement, set a review within ninety
512		-	NINETY-ONE days to determine whether continued placement is necessary
513		-	and in the best interests of the child
514		-	OR YOUTH and the community, and
515		-	whether reasonable efforts have been made to return the child
516		-	OR YOUTH to
517		-	the home or, in the case of a sibling group, whether it is in the best interests
518		-	of the children
519		-	OR YOUTH in the sibling group to be placed together. If the
520		-	county department locates an appropriate, capable, willing, and available
521		-	joint placement for all of the children
522		-	OR YOUTH in the sibling group, it shall
523		-	be IS presumed that placement of the entire sibling group in the joint
524		-	placement is in the best interests of the children
525		-	OR YOUTH. Such
526		-	presumption may be rebutted by a preponderance of the evidence that
527		-	placement of the entire sibling group in the joint placement is not in the best
528		-	interests of a child, or of the
529		-	children, OR YOUTH.
530		-	(b) I
531		-	F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING, AND
532		-	AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH
533		-	, IT IS PRESUMED
534		-	THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE OR KIN IS IN
535		-	THE BEST INTERESTS OF THE CHILD OR YOUTH
536		-	. THE PRESUMPTION MAY BE
537		-	REBUTTED BY A PREPONDERANCE OF THE EVIDENCE
538		-	, GIVING PRIMARY
539		-	CONSIDERATION TO THE CHILD
540		-	'S OR YOUTH'S MENTAL, PHYSICAL, AND
541		-	EMOTIONAL NEEDS
542		-	, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
543		-	REGARDING PLACEMENT
544		-	. THE COURT SHALL CONSIDER WHETHER A
545		-	PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
546		-	AND THE CHILD OR YOUTH AND THE PARENT
547		-	'S PREFERENCE REGARDING
548		-	PLACEMENT
549		-	. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
550		-	RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
551		-	PLACEMENT WOULD HINDER REUNIFICATION
552		-	.
553		-	PAGE 11-HOUSE BILL 23-1024 (c) The judge shall review the family services plan document
554		-	regarding placement of siblings. Notice of said review shall be given by
555		-	SIBLINGS AND EFFORTS TO LOCATE RELATIVES OR KIN . IF THE CHILD OR
556		-	YOUTH IS RESIDING WITH A RELATIVE OR KIN
557		-	, THE FAMILY SERVICES PLAN
558		-	MUST DESCRIBE THE EFFORTS MADE BY THE COUNTY TO MAINTAIN THE
559		-	CHILD OR YOUTH IN THE RELATIVE OR KINSHIP HOME AND TO NOT REMOVE
560		-	THE CHILD OR YOUTH FROM THE KINSHIP OR RELATIVE HOME EXCEPT TO
561		-	EFFECTUATE A PERMANENCY GOAL OF REUNIFICATION OR AFTER FINDING
562		-	THAT REMAINING IN THE KINSHIP PLACEMENT IS CONTRARY TO THE CHILD
563		-	'S
564		-	OR YOUTH
565		-	'S MENTAL, PHYSICAL, OR EMOTIONAL NEEDS , OR WHEN THE
566		-	RELATIVE OR KINSHIP PLACEMENT DECIDES THEY ARE NO LONGER ABLE TO
567		-	CARE FOR THE CHILD OR YOUTH
568		-	. The court SHALL GIVE NOTICE OF THE
569		-	REVIEW
570		-	to all parties and to the director of the facility or agency in which
571		-	the child
572		-	OR YOUTH is placed and any person who has physical custody of
573		-	the child
574		-	OR YOUTH and any attorney or guardian ad litem of record. The
575		-	review shall be conducted in accordance with section 19-1-115 (8)(f).
576		-	(5) (a) Parents, grandparents,
577		-	OR relatives or foster parents who have
578		-	the child in their care for more than three months who have information or
579		-	knowledge concerning the care and protection of the child
580		-	OR YOUTH, OR
581		-	KIN CAREGIVER WHO HAS THE CHILD IN THE CAREGIVER
582		-	'S CARE FOR MORE
583		-	THAN THREE MONTHS
584		-	, may intervene as a matter of right following
585		-	adjudication with or without counsel.
586		-	(d) F
587		-	OSTER PARENTS WHO HAVE THE CHILD OR YOUTH IN THEIR CARE
588		-	FOR TWELVE MONTHS OR MORE MAY INTERVENE
589		-	, AS A MATTER OF RIGHT,
590		-	WITH OR WITHOUT COUNSEL , FOLLOWING ADJUDICATION. THE PURPOSE OF
591		-	INTERVENTION IS TO PROVIDE KNOWLEDGE OR INFORMATION CONCERNING
592		-	THE CARE AND PROTECTION OF THE CHILD OR YOUTH
593		-	, INCLUDING THE
594		-	CHILD
595		-	'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS.
596		-	(e) A
597		-	N INTERVENOR MAY NOT, ON THE INTERVENOR'S OWN MOTION,
598		-	SEEK TO RESTRICT FAMILY TIME BETWEEN A CHILD OR YOUTH AND THE
599		-	PARENT OR RELATIVES
600		-	, FILE A PETITION TO TERMINATE PARENTAL RIGHTS ,
601		-	OR APPEAL A DENIAL OF TERMINATION OF PARENTAL RIGHTS .
602		-	SECTION 5. In Colorado Revised Statutes, 19-3-508, amend (1)
603		-	introductory portion, (1)(b), and (5) as follows:
604		-	19-3-508. Neglected or dependent child or youth - disposition -
605		-	PAGE 12-HOUSE BILL 23-1024 concurrent planning - definition. (1) When a child OR YOUTH has been
606		-	adjudicated to be neglected or dependent, the court may enter a decree of
607		-	disposition the same day, but in any event it shall do so within forty-five
608		-	FORTY-TWO days, unless the court finds that the best interests of the child
609		-	OR YOUTH will be served by granting a delay. In a county designated
610		-	pursuant to section 19-1-123, if the child
611		-	OR YOUTH is under
612		-	LESS THAN six
613		-	years of age at the time a petition is filed in accordance with section
614		-	19-3-501 (2), the court shall enter a decree of disposition within thirty
615		-	TWENTY-EIGHT days after the adjudication and shall not grant a delay unless
616		-	good cause is shown and unless the court finds that the best interests of the
617		-	child
618		-	OR YOUTH will be served by granting the delay. It is the intent of the
619		-	general assembly that the dispositional hearing be held on the same day as
620		-	the adjudicatory hearing, whenever possible. If a delay is granted, the court
621		-	shall set forth the reasons why a delay is necessary and the minimum
622		-	amount of time needed to resolve the reasons for the delay and shall
623		-	schedule the hearing at the earliest possible time following the delay. When
624		-	the proposed disposition is termination of the parent-child legal
625		-	relationship, the hearing on termination must not be held on the same date
626		-	as the adjudication, and the time limits set forth above for dispositional
627		-	hearings do not apply. When the proposed disposition is termination of the
628		-	parent-child legal relationship, the court may continue the dispositional
629		-	hearing to the earliest available date for a hearing in accordance with the
630		-	provisions of subsection (3)(a) of this section and part 6 of this article 3.
631		-	When the decree does not terminate the parent-child legal relationship, the
632		-	court shall approve an appropriate treatment plan that must include, but not
633		-	be limited to, one or more of the following provisions of subsections (1)(a)
634		-	to (1)(d) of this section:
635		-	(b) The court may place the child
636		-	OR YOUTH in the legal custody of
637		-	a relative
638		-	OR KIN, including the child's OR YOUTH'S grandparent, or other
639		-	suitable person, with or without protective supervision, under such
640		-	conditions as the court deems necessary and appropriate. If a child
641		-	OR
642		-	YOUTH
643		-	is not placed with a parent pursuant to paragraph (a) of this
644		-	subsection (1) SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL GIVE
645		-	preference may be given by the court for TO placement with a grandparent
646		-	pursuant to this paragraph (b) if in the best interests of the child OR OTHER
647		-	RELATIVE OR KIN
648		-	. IF THE COUNTY DEPARTMENT LOCATES A CAPABLE ,
649		-	WILLING, AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH , IT IS
650		-	PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE OR
651		-	KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH
652		-	. THE PRESUMPTION
653		-	PAGE 13-HOUSE BILL 23-1024 MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE , GIVING
654		-	PRIMARY CONSIDERATION TO THE CHILD
655		-	'S OR YOUTH'S MENTAL, PHYSICAL,
656		-	AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
657		-	REGARDING PLACEMENT
658		-	. THE COURT SHALL CONSIDER WHETHER A
659		-	PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
660		-	AND THE CHILD OR YOUTH AND THE PARENT
661		-	'S PREFERENCE REGARDING
662		-	PLACEMENT
663		-	. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
664		-	RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
665		-	PLACEMENT WOULD HINDER REUNIFICATION
666		-	.
667		-	(5) (a) In placing the legal custody or guardianship of the person of
668		-	a child
669		-	OR YOUTH with an individual or a private agency, the court shall give
670		-	primary consideration to the welfare of the child
671		-	OR YOUTH but shall take
672		-	into consideration the religious
673		-	AND CULTURAL preferences of the child OR
674		-	YOUTH
675		-	or of his
676		-	THE parents, whenever practicable.
677		-	(b) (I) If the court finds that placement out of the home is necessary
678		-	and is in the best interests of the child
679		-	OR YOUTH and the community, the
680		-	court shall place the child
681		-	OR YOUTH with a relative OR KIN, including the
682		-	child's
683		-	OR YOUTH'S grandparent, as provided in paragraph (b) of subsection
684		-	(1) SUBSECTION (1)(b) of this section, if such placement is in the child's best
685		-	interests. IN CONSIDERING THE PLACEMENT , THE COURT SHALL GIVE
686		-	PRIMARY CONSIDERATION TO THE CHILD
687		-	'S OR YOUTH'S MENTAL, PHYSICAL,
688		-	AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
689		-	REGARDING PLACEMENT
690		-	. THE COURT SHALL CONSIDER WHETHER A
691		-	PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
692		-	AND THE CHILD OR YOUTH AND THE PARENT
693		-	'S PREFERENCE REGARDING
694		-	PLACEMENT
695		-	. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
696		-	RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
697		-	PLACEMENT WOULD HINDER REUNIFICATION
698		-	. The court shall place the child
699		-	OR YOUTH in the facility or setting that most appropriately meets the needs
700		-	of the child
701		-	OR YOUTH, the family, and the community. In making its
702		-	decision as to proper placement, the court shall utilize the evaluation for
703		-	placement prepared pursuant to section 19-1-107. If the court deviates from
704		-	the recommendations of the evaluation for placement in a manner that
705		-	results in a difference in the cost of the disposition ordered by the court and
706		-	the cost of the disposition recommended in the evaluation, the court shall
707		-	make specific findings of fact relating to its decision, including the monthly
708		-	cost of the placement, if ordered. T
709		-	HE COURT SHALL SEND a copy of such
710		-	findings shall be sent
711		-	to the chief justice of the supreme court, who shall
712		-	PAGE 14-HOUSE BILL 23-1024 report annually ON SUCH ORDERS AND FINDINGS OF FACT to the joint budget
713		-	committee, and annually to the health, environment, welfare, and
714		-	institutions committees THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
715		-	SERVICES COMMITTEE
716		-	of the house of representatives, and THE HEALTH AND
717		-	HUMAN SERVICES COMMITTEE OF THE
718		-	senate, OR ANY SUCCESSOR
719		-	COMMITTEES
720		-	. of the general assembly on such orders.
721		-	(II) Notwithstanding the provisions of subparagraph (I) of this
722		-	paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION to the contrary, when
723		-	the child
724		-	OR YOUTH is part of a sibling group and the sibling group is being
725		-	placed out of the home, if the county department locates an appropriate
726		-	A
727		-	capable, willing, and available joint placement for all of the children OR
728		-	YOUTH
729		-	in the sibling group, it shall be
730		-	IS presumed that placement of the
731		-	entire sibling group in the joint placement is in the best interests of the
732		-	children Such
733		-	OR YOUTH. THE presumption may be rebutted by a
734		-	preponderance of the evidence that placement of the entire sibling group in
735		-	the joint placement is not in the best interests of a child, or of the
736		-	children,
737		-	OR YOUTH.
	683	+	OR YOUTH is part of a sibling group and the sibling group is12
	684	+	being placed out of the home, if the county department locates an
	685	+	13
	686	+	appropriate A capable, willing, and available joint placement for all of the14
	687	+	children
	688	+	OR YOUTH in the sibling group, it shall be
	689	+	IS presumed that15
	690	+	placement of the entire sibling group in the joint placement is in the best16
	691	+	interests of the children Such OR YOUTH. THE presumption may be17
	692	+	rebutted by a preponderance of the evidence that placement of the entire18
	693	+	sibling group in the joint placement is not in the best interests of a child,19
	694	+	or of the children, OR YOUTH.20
738	695		(III) I
739		-	F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,
740		-	AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH , IT IS PRESUMED
741		-	THAT PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN
742		-	THE BEST INTERESTS OF THE CHILD OR YOUTH
743		-	. THE PRESUMPTION MAY BE
744		-	REBUTTED BY A PREPONDERANCE OF THE EVIDENCE
745		-	, GIVING PRIMARY
746		-	CONSIDERATION TO THE CHILD
747		-	'S OR YOUTH'S MENTAL, PHYSICAL, AND
748		-	EMOTIONAL NEEDS
749		-	, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
750		-	REGARDING PLACEMENT
751		-	. THE COURT SHALL CONSIDER WHETHER A
752		-	PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
753		-	AND THE CHILD OR YOUTH AND THE PARENT
754		-	'S PREFERENCE REGARDING
755		-	PLACEMENT
756		-	. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
757		-	RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
758		-	PLACEMENT WOULD HINDER REUNIFICATION
759		-	. PLACEMENT WITH A RELATIVE
760		-	OR KIN MUST BE CONSIDERED AND INVESTIGATED WHEN THE CHILD OR
761		-	YOUTH ENTERS FOSTER CARE
762		-	, IS MOVED FROM A FOSTER HOME, OR RETURNS
763		-	TO FOSTER CARE AFTER THE CHILD OR YOUTH HAS ACHIEVED PERMANENCY
764		-	.
765		-	A
766		-	S USED IN THIS SUBSECTION (5), "RELATIVE" INCLUDES A MEMBER OF THE
767		-	CHILD
768		-	'S OR YOUTH'S BIRTH FAMILY, ADOPTIVE FAMILY , AND KIN,
769		-	REGARDLESS OF WHETHER PARENTAL RIGHTS WERE TERMINATED .
770		-	SECTION 6. In Colorado Revised Statutes, 19-3-702, amend (5)(e)
771		-	PAGE 15-HOUSE BILL 23-1024 and (6)(h); and add (6)(i) as follows:
772		-	19-3-702. Permanency hearing. (5) For a child or youth in a case
773		-	designated pursuant to section 19-1-123 only:
774		-	(e) At each permanency planning hearing, the caseworker shall
775		-	provide the court with a written or verbal report specifying what efforts
	696	+	F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,21 AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH, IT IS22
	697	+	PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE23
	698	+	OR KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH . THE24
	699	+	PRESUMPTION MAY BE REBUTTED BY A PREP ONDERANCE OF THE EVIDENCE,25
	700	+	GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL,26
	701	+	PHYSICAL, AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S27
	702	+	1024
	703	+	-20- PREFERENCE REGARDING PLACEMENT. THE COURT SHALL CONSIDER1
	704	+	WHETHER A PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE2
	705	+	THE PARENT AND THE CHILD OR YOUTH AND THE PARENT'S PREFERENCE3
	706	+	REGARDING PLACEMENT. A PARENT'S OBJECTION TO PLACEMENT WITH 4
	707	+	A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT5
	708	+	THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION . PLACEMENT6
	709	+	WITH A RELATIVE OR KIN MUST BE CONSIDERED AND INVESTIGATED WHEN7
	710	+	THE CHILD OR YOUTH ENTERS FOSTER CARE , IS MOVED FROM A FOSTER8
	711	+	HOME, OR RETURNS TO FOSTER CARE AFTER THE CHILD OR YOUTH HAS9
	712	+	ACHIEVED PERMANENCY . AS USED IN THIS SUBSECTION (5), "RELATIVE"10
	713	+	INCLUDES A MEMBER OF THE CHILD'S OR YOUTH'S BIRTH FAMILY, ADOPTIVE11
	714	+	FAMILY, AND KIN, REGARDLESS OF WHETHER PARENTAL RIGHTS WERE12
	715	+	TERMINATED.13
	716	+	SECTION 6. In Colorado Revised Statutes, 19-3-702, amend14
	717	+	(5)(e) and (6)(h); and add (6)(i) as follows:15
	718	+	19-3-702. Permanency hearing. (5) For a child or youth in a16
	719	+	case designated pursuant to section 19-1-123 only:17
	720	+	(e) At each permanency planning hearing, the caseworker shall18
	721	+	provide the court with a written or verbal report specifying what efforts19
776	722		have been made to identify a permanent home for the child
777		-	OR YOUTH ~~and~~
	723	+	OR YOUTH and20
778	724		what services have been provided to the child
779		-	OR YOUTH to ~~facilitate~~
	725	+	OR YOUTH to facilitate21
780	726		identification of a permanent home,
781		-	INCLUDING THE DEPARTMENT 'S
782		-	ONGOING EFFORTS TO IDENTIFY RELATIVES AND KIN AND TO ENGAGE THE
783		-	RELATIVES AND KIN IN PROVIDING SUPPORT FOR THE CHILD OR YOUTH AND
784		-	FAMILY
785		-	, AND DOCUMENT THAT THE RELATIVES AND KIN HAVE BEEN
786		-	PROVIDED NOTICE AS REQUIRED BY SECTION
787		-	19-3-403 (3.6)(a)(IV). THE
788		-	DEPARTMENT SHALL ALSO REPORT ANY DECISION REGARDING PLACING THE
789		-	CHILD OR YOUTH WITH A RELATIVE OR KIN
790		-	. IF THE DEPARTMENT DETERMINES
791		-	NOT TO PLACE THE CHILD OR YOUTH WITH A RELATIVE OR KIN
792		-	, AFTER GIVING
793		-	PRIMARY CONSIDERATION TO THE CHILD
794		-	'S OR YOUTH'S MENTAL, PHYSICAL,
795		-	AND EMOTIONAL NEEDS, OR IF THE DEPARTMENT DECIDES NOT TO PLACE A
796		-	CHILD OR YOUTH WITH A RELATIVE OR KIN BECAUSE THE PLACEMENT WOULD
797		-	HINDER EFFORTS TO REUNITE THE CHILD OR YOUTH AND PARENT
798		-	, THE
799		-	DEPARTMENT SHALL EXPLAIN WHY ANY IDENTIFIED RELATIVES OR KIN HAVE
800		-	BEEN RULED OUT FOR PLACEMENT
801		-	.
802		-	(6) If a placement change is contested by a party and the child or
803		-	youth is not reunifying with a parent or legal guardian, the court shall
804		-	consider all pertinent information, including the child's or youth's wishes,
805		-	related to modifying the placement of the child or youth prior to removing
806		-	the child or youth from the child's or youth's placement, and including the
807		-	following:
808		-	(h) The child's or youth's attachment to the child's or youth's
809		-	caregiver at the time of the hearing and the possible effects on the child's or
810		-	youth's emotional well-being if the child or youth is removed from the
	727	+	INCLUDING THE DEPARTMENT 'S22
	728	+	ONGOING EFFORTS TO IDENTIFY RELATIVES AND KIN AND TO ENGAGE THE23
	729	+	RELATIVES AND KIN IN PROVIDING SUPPORT FOR THE CHILD OR YOUTH AND24
	730	+	FAMILY, AND DOCUMENT THAT THE RELATIVES AND KIN HAVE BEEN25
	731	+	PROVIDED NOTICE AS REQUIRED BY SECTION 19-3-403 (3.6)(a)(IV). THE26
	732	+	DEPARTMENT SHALL ALSO REPORT ANY DECISION REGARDING PLACING27
	733	+	1024
	734	+	-21- THE CHILD OR YOUTH WITH A RELATIVE OR KIN . IF THE DEPARTMENT1
	735	+	DETERMINES NOT TO PLACE THE CHILD OR YOUTH WITH A RELATIVE OR2
	736	+	KIN, AFTER GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S3
	737	+	MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, OR IF THE DEPARTMENT4
	738	+	DECIDES NOT TO PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN5
	739	+	BECAUSE THE PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE CHILD6
	740	+	OR YOUTH AND PARENT , THE DEPARTMENT SHALL EXPLAIN WHY ANY7
	741	+	IDENTIFIED RELATIVES OR KIN HAVE BEEN RULED OUT FOR PLACEMENT .8
	742	+	(6) If a placement change is contested by a party and the child or9
	743	+	youth is not reunifying with a parent or legal guardian, the court shall10
	744	+	consider all pertinent information, including the child's or youth's wishes,11
	745	+	related to modifying the placement of the child or youth prior to removing12
	746	+	the child or youth from the child's or youth's placement, and including the13
	747	+	following:14
	748	+	(h) The child's or youth's attachment to the child's or youth's15
	749	+	caregiver at the time of the hearing and the possible effects on the child's16
	750	+	or youth's emotional well-being if the child or youth is removed from the17
811	751		caregiver's home. H
812		-	OWEVER, PLACEMENT WITH A CHILD 'S OR YOUTH'S
813		-	RELATIVE OR KIN SHOULD NOT BE DENIED BASED SOLELY UPON THE
814		-	ORDINARY BONDING AND ATTACHMENT TO A FOSTER PARENT AS A RESULT
815		-	OF TIME SPENT IN THE HOME
816		-	. THE COURT SHALL CONSIDER THE NUMBER OF
817		-	PRIOR PLACEMENTS
818		-	, THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND
819		-	EMOTIONAL NEEDS
820		-	, AND ANY SUBSEQUENT CAREGIVERS ' ABILITY TO
821		-	PAGE 16-HOUSE BILL 23-1024 PROVIDE EMOTIONAL AND PSYCHOLOGICAL SUPPORT WHEN CONSIDERING A
822		-	CHANGE OF PLACEMENT
823		-	.
824		-	(i) T
825		-	HE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
826		-	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
827		-	$13,879 is appropriated to the department of human services for use by the
828		-	division of child welfare. This appropriation is from the general fund. To
829		-	implement this act, the division may use this appropriation for Colorado
830		-	trails.
831		-	(2) For the 2023-24 state fiscal year, the general assembly
832		-	anticipates that the department of human services will receive $7,473 in
833		-	federal funds for use by the division of child welfare to implement this act.
834		-	The appropriation in subsection (1) of this section is based on the
835		-	assumption that the department will receive this amount of federal funds,
836		-	which is subject to the "(I)" notation as defined in the annual general
837		-	appropriation act for the same fiscal year.
838		-	SECTION 8. Act subject to petition - effective date. This act
839		-	takes effect at 12:01 a.m. on the day following the expiration of the
840		-	ninety-day period after final adjournment of the general assembly; except
841		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
842		-	of the state constitution against this act or an item, section, or part of this act
843		-	within such period, then the act, item, section, or part will not take effect
844		-	unless approved by the people at the general election to be held in
845		-	PAGE 17-HOUSE BILL 23-1024 November 2024 and, in such case, will take effect on the date of the official
846		-	declaration of the vote thereon by the governor.
847		-	____________________________ ____________________________
848		-	Julie McCluskie Steve Fenberg
849		-	SPEAKER OF THE HOUSE PRESIDENT OF
850		-	OF REPRESENTATIVES THE SENATE
851		-	____________________________ ____________________________
852		-	Robin Jones Cindi L. Markwell
853		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
854		-	OF REPRESENTATIVES THE SENATE
855		-	APPROVED________________________________________
856		-	(Date and Time)
857		-	_________________________________________
858		-	Jared S. Polis
859		-	GOVERNOR OF THE STATE OF COLORADO
860		-	PAGE 18-HOUSE BILL 23-1024
	752	+	OWEVER, PLACEMENT WITH A CHILD'S OR YOUTH'S18
	753	+	RELATIVE OR KIN SHOULD NOT BE DENIED BASED SOLELY UPON THE19
	754	+	ORDINARY BONDING AND ATTACHMENT TO A FOSTER PARENT AS A RESULT20
	755	+	OF TIME SPENT IN THE HOME. THE COURT SHALL CONSIDER THE NUMBER21
	756	+	OF PRIOR
	757	+	PLACEMENTS, THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND22
	758	+	EMOTIONAL NEEDS, AND ANY SUBSEQUENT CAREGIVERS ' ABILITY TO23
	759	+	PROVIDE EMOTIONAL AND PSYCHOLOGICAL SUPPORT WHEN CONSIDERING24
	760	+	A CHANGE OF PLACEMENT.25
	761	+	(i) THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT.26
	762	+	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal27
	763	+	1024
	764	+	-22- year, $13,879 is appropriated to the department of human services for use1
	765	+	by the division of child welfare. This appropriation is from the general2
	766	+	fund. To implement this act, the division may use this appropriation for3
	767	+	Colorado trails.4
	768	+	(2) For the 2023-24 state fiscal year, the general assembly5
	769	+	anticipates that the department of human services will receive $7,473 in6
	770	+	federal funds for use by the division of child welfare to implement this7
	771	+	act. The appropriation in subsection (1) of this section is based on the8
	772	+	assumption that the department will receive this amount of federal funds,9
	773	+	which is subject to the "(I)" notation as defined in the annual general10
	774	+	appropriation act for the same fiscal year.11
	775	+	SECTION 8. Act subject to petition - effective date. This act12
	776	+	takes effect at 12:01 a.m. on the day following the expiration of the13
	777	+	ninety-day period after final adjournment of the general assembly; except14
	778	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V15
	779	+	of the state constitution against this act or an item, section, or part of this16
	780	+	act within such period, then the act, item, section, or part will not take17
	781	+	effect unless approved by the people at the general election to be held in18
	782	+	November 2024 and, in such case, will take effect on the date of the19
	783	+	official declaration of the vote thereon by the governor.20
	784	+	1024
	785	+	-23-