First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0427.01 Amber Paoloemilio x5497 HOUSE BILL 23-1027
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING FAMILY TIME PROVID ED PURSUANT TO THE CHILDREN 'S101
CODE.102
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 defines "family time", changes the term "visitation" to
"family time" in various places in statute, creates new requirements for
determinations in dependency and neglect court proceedings, and requires
the task force on high-quality family time (task force) to commission and
evaluate a state study. Specifically during a dependency and neglect
proceeding, the bill:
! Requires county departments of human or social services
HOUSE SPONSORSHIP
Joseph, English, Marshall, Velasco
SENATE SPONSORSHIP
(None), Marchman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. (county departments) to encourage maximum family time;
! Allows the court and the state department of human
services (department) to rely on community resources,
foster parents, or relatives to provide transportation or
supervision for family time;
! Creates a presumption that supervised family time is
supervised by relatives, kin, foster parents, or other
supports (supports) and occurs in the community. This
presumption can be rebutted if the health or safety of the
child is at risk or if these supports are unavailable or
unwilling to provide supervision.
! Limits the court's ability to restrict or deny family time to
situations in which the child's safety or mental, physical, or
emotional health is at risk;
! Requires the court to order family time in the least
restrictive setting;
! Requires county departments to provide information to the
court about proposed family time and participation in
family time;
! Requires family time to occur at least every 7 days unless
the child's safety or mental, physical, or emotional health is
at risk;
! Prohibits the court or department from limiting family time
as a sanction for the parent's failure to comply with
court-ordered treatment plans so long as the child's safety
or mental, physical, or emotional health is not at risk;
! Prohibits the court, department, parent, or support from
limiting family time as a sanction for the child's behavior
or as an incentive to improve the child's behavior; and
! Gives the department the authority to promulgate rules to
implement the provisions.
The bill also:
! Extends the task force by one year;
! Requires the task force to commission and evaluate a
statewide study to identify the strengths and needs for
family time; identify growth areas; inventory funding
sources; and make recommendations; and
! Requires a permanency hearing be held within 12 months
after a child enters foster care.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
HB23-1027-2- finds and declares that:1
(a) Family time is essential for healthy child development,2
especially for children or youth placed outside of the home. Family time3
supports parent-child attachment, reduces a child's sense of abandonment,4
reduces traumatic impact of separation and removal, preserves5
connections with siblings and extended family, and preserves a sense of6
family and community belonging. Family time enriches the family,7
including the child and the parent. Early, consistent, and frequent family8
time is crucial for maintaining parent-child relationships, facilitating safe9
reunification of parents and children, and maintaining family connections.10
Regular, meaningful family time increases the chance of sustained11
reunification, improves emotional well-being, provides opportunities to12
strengthen cultural and kinship connections, and enhances personal13
engagement.14
(b) Colorado lacks statewide data on the frequency and duration15
of supervised family time as well as the availability of family time16
services throughout the state. Counties do not have a consistent funding17
mechanism for the provision of family time services, even though these18
services are required by law, are essential to the successful reunification19
of families, and service providers contracted to provide these services20
often lack sufficient funding. In addition, transportation and lack of staff21
present significant barriers to providing consistent and high-quality22
supervised family time services.23
(c) For these reasons, it is important to determine how regions of24
the state can effectively and efficiently fund high-quality family time25
services that reunify families.26
(2) Therefore, the general assembly finds it necessary to conduct27
HB23-1027
-3- a statewide study of best practices and funding models to provide and1
increase capacity for high-quality family time services. The general2
assembly also adopts the recommendations of the task force on3
high-quality family time to modernize language throughout the children's4
code and establish clear and consistent standards for family time5
throughout the state.6
SECTION 2. In Colorado Revised Statutes, 19-1-103, add (64.5)7
as follows:8
19-1-103. Definitions. As used in this title 19 or in the specified9
portion of this title 19, unless the context otherwise requires:10
(64.5) "F
AMILY TIME" MEANS ANY FORM OF CONTACT OR11
ENGAGEMENT BETWEEN PARENTS , LEGAL CUSTODIANS, GUARDIANS,12
SIBLINGS, AND CHILDREN OR YOUTH FOR THE PURPOSES OF PRESERVING13
AND STRENGTHENING FAMILY TIES .14
SECTION 3. In Colorado Revised Statutes, 19-3-208, amend15
(2)(b)(IV) as follows:16
19-3-208. Services - county required to provide - out-of-home17
placement options - rules - definitions. (2) (b) The following services18
must be available and provided, as determined necessary and appropriate19
by individual case plans:20
(IV) Visitation
FAMILY TIME services for parents with children or21
youth in out-of-home placement;22
SECTION 4. In Colorado Revised Statutes, 19-3-217, amend (1),23
(3), and (4); and add (1.5), (5), and (6) as follows: 24
19-3-217. Family time upon removal - rules. (1) At any hearing25
held pursuant to section 19-3-403 (2) or (3.5), the court shall enter26
temporary orders for reasonable visitation FAMILY TIME with the child's27
HB23-1027
-4- OR YOUTH'S parent that is consistent with the age and developmental1
needs of a child
OR YOUTH if the court finds that visitation is in a child's2
OR YOUTH'S best interests. The court shall order contact between the3
parent and child
OR YOUTH, which contact may include, but is not limited4
to, telephone, virtual, or in-person visits, commencing within seventy-two5
hours after any hearing pursuant to section 19-3-403 (2) or (3.5),6
excluding Saturdays, Sundays, and any court holiday. The court may7
authorize an extension of time for contact to commence if the delay is8
agreed upon by the parent, county department, and guardian ad litem or9
if the court finds that a delay in contact is in the child's
OR YOUTH'S best10
interests.11
(1.5) W
HEN A CHILD OR YOUTH IS PLACED OUT OF THE HOME , THE12
FOLLOWING CONSIDERATIONS APPLY WHEN MAKING DECISIONS13
REGARDING FAMILY TIME:14
(a) T
HE DEPARTMENT SHALL ENCOURAGE THE MAXIMUM PARENT ,15
CHILD, AND SIBLING CONTACT POSSIBLE , INCLUDING REGULAR FAMILY16
TIME AND PARTICIPATION BY THE PARENTS IN THE CARE OF THE CHILD OR17
YOUTH, WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR YOUTH. THE18
DEPARTMENT SHALL ENCOURAGE PARENTAL ATTENDANCE AND19
PARTICIPATION IN THE CHILD'S OR YOUTH'S LIFE, SUCH AS SCHOOL,20
EXTRACURRICULAR ACTIVITIES, AND MEDICAL APPOINTMENTS .21
(b) T
HE COURT AND THE DEPARTMENT MAY RELY ON INFORMAL22
RESOURCES SUCH AS COMMUNITY MEMBERS , RELATIVES, OR FOSTER23
PARENTS TO PROVIDE TRANSPORTATION AND SUPERVISION FOR FAMILY24
TIME IF THOSE RESOURCES ARE AVAILABLE , APPROPRIATE, AND DO NOT25
COMPROMISE THE CHILD'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL26
HEALTH OR SAFETY.27
HB23-1027
-5- (c) WHEN THERE IS A LACK OF PROVIDERS OR RESOURCES , THE1
COURT SHALL PROMPTLY ADDRESS HOW TO IMPLEMENT FAMILY TIME2
DESPITE THE LACK OF PROVIDERS OR RESOURCES .3
(d) (I) T
HERE IS A PRESUMPTION THAT SUPERVISED FAMILY TIME4
MUST:5
(A) B
E SUPERVISED BY INFORMAL SUPPORTS IDENTIFIED BY THE6
FAMILY, INCLUDING RELATIVES, KIN, FOSTER PARENTS, OR OTHER PERSONS7
IDENTIFIED BY THE FAMILY; AND8
(B) O
CCUR IN THE COMMUNITY, A HOMELIKE ENVIRONMENT , OR9
OTHER AGREED-UPON LOCATION.10
(II) T
HE PRESUMPTION DESCRIBED IN SUBSECTION (1.5)(d)(I) OF11
THIS SECTION MAY BE REBUTTED IF THE COURT FINDS THAT THE CHILD 'S OR12
YOUTH'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH REQUIRES13
PROFESSIONAL SUPERVISION OR THAT RELATIVES , KIN, FOSTER PARENTS,14
OR OTHER FAMILY SUPPORTS ARE UNAVAILABLE OR UNWILLING TO15
PROVIDE SUPERVISION AFTER THE DEPARTMENT HAS EXERCISED DUE16
DILIGENCE TO CONTACT AND ENGAGE THE RELATIVES , KIN, FOSTER17
PARENTS, OR OTHER FAMILY SUPPORTS . NOTHING IN THIS SECTION18
PRECLUDES SUPPLEMENTAL PROFESSIONALLY COACHED OR SUPERVISED19
FAMILY TIME TO IMPROVE PARENTING SKILLS .20
(e) T
HE COURT MAY ONLY RESTRICT OR DENY FAMILY TIME IF IT IS21
NECESSARY TO PROTECT THE CHILD 'S OR YOUTH'S SAFETY OR MENTAL,22
EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL ORDER FAMILY23
TIME IN THE LEAST RESTRICTIVE SETTING AND SUPERVISION AT THE LEAST24
RESTRICTIVE LEVEL TO SATISFY THE CHILD 'S OR YOUTH'S SAFETY OR25
MENTAL, EMOTIONAL, OR PHYSICAL HEALTH.26
(f) (I) A
T THE FIRST HEARING THAT OCCURS AFTER THE27
HB23-1027
-6- EMERGENCY HEARING REQUIRED PURSUANT TO SECTION 19-3-403, OR NO1
LATER THAN THIRTY DAYS AFTER THE REMOVAL DATE , THE DEPARTMENT2
SHALL PROVIDE THE COURT WITH A PROPOSED FAMILY TIME PLAN ON THE3
RECORD, INCLUDING:4
(A) F
REQUENCY AND LENGTH ;5
(B) P
ERSONS WHO MAY BE PRESENT ;6
(C) W
HETHER THE FAMILY TIME MUST BE SUPERVISED ; AND7
(D) T
HE CHILD'S OR YOUTH'S OPPORTUNITY TO COMMUNICATE8
WITH A PARENT, SIBLING, OR OTHER RELATIVE.9
(II) F
OR GOOD CAUSE, OR BY AGREEMENT BY THE PARTIES , THE10
COURT MAY WAIVE THE REQUIREMENT TO FILE OR EXTEND THE TIME FOR11
FILING THE FAMILY TIME PLAN DESCRIBED IN SUBSECTION (1.5)(f)(I) OF12
THIS SECTION. A LACK OF STAFF OR FINANCIAL RESOURCES IS NOT GOOD13
CAUSE. ANY SUBSEQUENT WRITTEN FAMILY SERVICES PLAN SUBMI TTED TO14
THE COURT PURSUANT TO SECTION 19-3-507 OR 19-3-702 MUST INCLUDE15
ANY PROPOSED CHANGES TO FAMILY TIME , AN UPDATE ON PARTICIPATION16
IN AND PROVISION OF FAMILY TIME, AND BARRIERS TO EXPANDING FAMILY17
TIME.18
(g) T
HE COURT SHALL ORDER THAT IN-PERSON FAMILY TIME OCCUR19
AT LEAST ONCE EVERY SEVEN DAYS , UNLESS THE COURT DETERMINES20
THAT THE CHILD'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH21
OR SAFETY REQUIRES LESS FREQUENT FAMILY TIME OR THAT THE FAMILY22
TIME, EVEN IF SUPERVISED, WOULD LIKELY ENDANGER THE CHILD 'S OR23
YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH OR SAFETY . IF24
COURT-ORDERED FAMILY TIME IS MISSED BECAUSE OF UNFORSEEN25
CIRCUMSTANCES, THE COUNTY DEPARTMENT MUST OFFER REASONABLE26
MAKE-UP FAMILY TIME AND THE COURT MAY ORDER A MAKE -UP FAMILY27
HB23-1027
-7- TIME SCHEDULE IF THERE IS NOT AGREEMENT AMONG THE PARTIES .1
(h) T
HE COURT OR THE DEPARTMENT SHALL NOT LIMIT FAMILY2
TIME AS A SANCTION FOR A PARENT'S FAILURE TO COMPLY WITH COURT3
ORDERS OR SERVICES IF THE CHILD'S OR YOUTH'S SAFETY OR MENTAL,4
EMOTIONAL, OR PHYSICAL HEALTH IS NOT AT RISK AS A RESULT OF THE5
FAMILY TIME.6
(i) T
HE COURT, THE DEPARTMENT, THE PARENT, OR OTHER7
SUPPORT SHALL NOT LIMIT FAMILY TIME OR CONTACT BETWEEN A CHILD8
OR YOUTH AND THE CHILD 'S OR YOUTH'S PARENT OR SIBLING AS A9
SANCTION FOR THE CHILD'S OR YOUTH'S BEHAVIOR OR AS AN INCENTIVE TO10
CHANGE THE CHILD'S OR YOUTH'S BEHAVIOR.11
(3) Absent the issuance of an emergency order, a parent granted12
visitation
FAMILY TIME is entitled to a hearing prior to an ongoing13
reduction in, suspension of, or increase in the level of supervision,14
including a change from in-person visitation FAMILY TIME to virtual15
visitation FAMILY TIME. If the court issues an emergency order16
suspending, reducing, or restricting visitation FAMILY TIME, a parent is17
entitled to a hearing within seventy-two hours after the order is issued,18
excluding Saturdays, Sundays, and court holidays. The court need not19
hold a hearing if there is agreement by the petitioner, guardian ad litem20
or counsel for youth, and parent to the reduction, suspension, or increase21
in level of supervision of visits FAMILY TIME. Any such agreement must22
be reduced to writing and filed with the court. Nothing in this section23
prevents the county department from canceling a visit SCHEDULED FAMILY24
TIME if the child's health or welfare OR YOUTH'S SAFETY OR MENTAL,25
EMOTIONAL, OR PHYSICAL HEALTH would be endangered or if the parent26
consents to the cancellation of the visit FAMILY TIME.27
HB23-1027
-8- (4) Nothing in this section requires or permits a county department1
to arrange a visit FAMILY TIME if the visit FAMILY TIME would violate an2
existing protection order in any case pending in this state or any other3
state. The county department is not required to produce a child
OR YOUTH4
for court-ordered visitation
FAMILY TIME if the visitation FAMILY TIME is5
made impossible due to the policies of a facility where the parent is6
incarcerated or in treatment.7
(5) A
PERSON'S INCLUSION IN FAMILY TIME DOES NOT CONFER8
RIGHTS NOT OTHERWISE GRANTED BY LAW , INCLUDING THE RIGHT TO9
APPEAL DENIAL OF PARTICIPATION IN FAMILY TIME .10
(6) T
HE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE11
RULES IN ACCORDANCE WITH THIS SECTION .12
SECTION 5. In Colorado Revised Statutes, 19-3-904, add (5) as13
follows:14
19-3-904. Task force - purposes - issues to study - written15
reports. (5) O
N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL16
COMMISSION AND EVALUATE A STATEWIDE STUDY TO :17
(a) I
DENTIFY THE CURRENT STRENGTHS AND NEEDS FOR PROVIDING18
HIGH-QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;19
(b) I
DENTIFY NECESSARY MEASURES TO BUILD CAPACITY TO20
PROVIDE HIGH- QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE21
STATE;22
(c) I
NVENTORY CURRENT FUNDING SOURCES AND ALLOWABLE23
COSTS FOR PROVIDING SUCH SERVICES; AND24
(d) M
AKE RECOMMENDATIONS REGARDING BEST PRACTICES FOR25
FUNDING MODELS FOR PROVISION OF HIGH-QUALITY PARENTING TIME. THE26
TASK FORCE SHALL PROVIDE THE STUDY AND RECOMMENDATIONS OF THE27
HB23-1027
-9- TASK FORCE TO THE GOVERNOR ; THE STATE DEPARTMENT ; THE CHILD1
WELFARE TRAINING ACADEMY ; THE JOINT BUDGET COMMITTEE; AND THE2
HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND3
HUMAN SERVICES COMMITTEE AND TH E SENATE HEALTH AND HUMAN4
SERVICES COMMITTEE, OR ANY SUCCESSOR COMMITTEES .5
SECTION 6. In Colorado Revised Statutes, 19-1-107, amend6
(2.5) as follows:7
19-1-107. Social study and other reports. (2.5) For purposes of8
determining the appropriate treatment plan in connection with the9
disposition of a child who is under six years of age at the time a petition10
is filed in accordance with section 19-3-501 (2), the report shall include11
a list of services available to families that are specific to the needs of the12
child and the child's family and that are available in the community where13
the family resides. The report shall establish a priority of the services if14
multiple services are recommended. The services may include, but are not15
limited to, transportation services, visitation FAMILY TIME services,16
psychological counseling, drug screening and treatment programs,17
marriage and family counseling, parenting classes, housing and day care18
assistance, and homemaker services.19
SECTION 7. In Colorado Revised Statutes, 19-1-114, amend20
(2)(a) and (2)(b) as follows:21
19-1-114. Order of protection. (2) The order of protection may22
require any such person:23
(a) To stay away from a child or his A CHILD'S residence;24
(b) To permit a parent to visit a child at stated periods COMPLY25
WITH A FAMILY TIME SCHEDULE;26
SECTION 8. In Colorado Revised Statutes, 19-1-115, amend (6)27
HB23-1027
-10- introductory portion, (6)(d), (6.5) introductory portion, and (6.5)(c) as1
follows:2
19-1-115. Legal custody - guardianship - placement out of the3
home - petition for review for need of placement. (6) Any time the4
court enters an order awarding legal custody of a child
OR YOUTH to the5
department of human services or to a county department pursuant to the6
provisions of this title
TITLE 19, even temporarily, said THE order shall7
MUST contain specific findings, if warranted by the evidence, as follows:8
(d) That procedural safeguards with respect to parental rights have9
been applied in connection with the removal of the child
OR YOUTH from10
the home, a change in the child's
OR YOUTH'S placement out of the home,11
and any determination affecting parental visitation
FAMILY TIME.12
(6.5) Any time the court enters an order continuing a child
OR13
YOUTH in a placement out of the home pursuant to this title, said
TITLE 19,14
THE order shall MUST contain specific findings, if warranted by the15
evidence, as follows:16
(c) That procedural safeguards with respect to parental rights have17
been applied in connection with the continuation of the child
OR YOUTH18
in out-of-home placement, a change in the child's
OR YOUTH'S placement19
out of the home, and any determination affecting parental visitation
20
FAMILY TIME.21
SECTION 9. In Colorado Revised Statutes, 19-1-208, amend (2)22
as follows:23
19-1-208. Duties of CASA volunteer. (2) Recommendations.24
Unless otherwise ordered by the court, the CASA volunteer, with the25
support and supervision of the CASA program staff, shall make26
recommendations consistent with the best interests of the child
OR YOUTH27
HB23-1027
-11- regarding placement, visitation FAMILY TIME, and appropriate services for1
the child
OR YOUTH and family and shall prepare a written report to be2
distributed to the parties of the action.3
SECTION 10. In Colorado Revised Statutes, 19-2.5-305, amend4
(3)(a)(XI)(C) as follows:5
19-2.5-305. Detention and shelter - hearing - time limits -6
findings - review - confinement with adult offenders - restrictions.7
(3) (a) (XI) If the court orders further detention of a juvenile pursuant to8
this section, the order must contain specific findings as follows:9
(C) Whether procedural safeguards to preserve parental rights10
have been applied in connection with the removal of the juvenile from the11
home, any change in the juvenile's placement in a community placement,12
or any determination affecting parental visitation
FAMILY TIME of the13
juvenile.14
SECTION 11. In Colorado Revised Statutes, 19-2.5-1116,15
amend (4)(a) introductory portion and (4)(a)(VIII) as follows:16
19-2.5-1116. Orders - community placement - reasonable17
efforts required - reviews. (4) (a) If the juvenile is in the legal custody18
of a county department of human or social services and is placed in a19
community placement for a period of twelve months or longer, the district20
court, another court of competent jurisdiction, or an administrative body21
appointed or approved by the court that is not under the county22
department's supervision shall conduct a permanency hearing within said23
twelve months and every twelve months thereafter for as long as the24
juvenile remains in community placement. At the permanency hearing,25
the entity conducting the hearing shall determine whether:26
(VIII) Procedural safeguards to preserve parental rights have been27
HB23-1027
-12- applied in connection with the removal of the juvenile from the home, any1
change in the juvenile's community placement, or any determination2
affecting parental visitation FAMILY TIME.3
SECTION 12. In Colorado Revised Statutes, 19-2.5-1518,4
amend (1)(b)(VIII) as follows:5
19-2.5-1518. Commitment to department of human services.6
(1) (b) When a juvenile is placed in a community placement for a period7
of twelve months or longer, a court of competent jurisdiction or an8
administrative body appointed or approved by the court that is not under9
the supervision of the department of human services shall conduct a10
permanency hearing pursuant to the federal "Social Security Act", 4211
U.S.C. sec. 675 (5)(C) no later than the twelfth month of the community12
placement and at least every twelve months thereafter while the juvenile13
remains in a community placement. At the permanency hearing, the entity14
conducting the hearing shall determine whether:15
(VIII) Procedural safeguards to preserve parental rights have been16
applied in connection with the removal of the juvenile from the home, any17
change in the juvenile's community placement, or any determination18
affecting parental visitation FAMILY TIME.19
SECTION 13. In Colorado Revised Statutes, 19-3-208, amend20
(2)(b)(IV) as follows:21
19-3-208. Services - county required to provide - out-of-home22
placement options - rules - definitions. (2) (b) The following services23
must be available and provided, as determined necessary and appropriate24
by individual case plans:25
(IV) Visitation FAMILY TIME services for parents with children or26
youth in out-of-home placement;27
HB23-1027
-13- SECTION 14. In Colorado Revised Statutes, 19-3-210.5, amend1
(1)(b) as follows:2
19-3-210.5. Foster parents' bill of rights. (1) A foster parent has3
the right to:4
(b) Promote the reasonable and prudent parent standard for the5
child or youth and the continuance of positive family patterns and6
routines to the extent possible without interfering with court-ordered7
visitation FAMILY TIME or services required pursuant to section 19-3-208;8
SECTION 15. In Colorado Revised Statutes, 19-3-403, amend9
(7) as follows:10
19-3-403. Temporary custody - hearing - time limits -11
restriction - rules. (7) The court may also issue temporary orders for12
legal custody as provided in section 19-1-115. The court shall enter13
visitation FAMILY TIME orders consistent with section 19-3-217.14
SECTION 16. In Colorado Revised Statutes, 19-3-604, amend15
(1)(c) introductory portion, (1)(c)(I) introductory portion, and (1)(c)(I)(A)16
as follows:17
19-3-604. Criteria for termination. (1) The court may order a18
termination of the parent-child legal relationship upon the finding by clear19
and convincing evidence of any one of the following:20
(c) That the child
OR YOUTH is adjudicated dependent or neglected21
and all of the following exist:22
(I) That an appropriate treatment plan approved by the court has23
not been reasonably complied with by the parent or parents or has not24
been successful or that the court has previously found, pursuant to section25
19-3-508 (1)(e), that an appropriate treatment plan could not be devised.26
In a county designated pursuant to section 19-1-123, if a child
OR YOUTH27
HB23-1027
-14- is under six years of age at the time a petition is filed in accordance with1
section 19-3-501 (2), no parent or parents shall be found to be THE COURT2
SHALL NOT FIND THAT A PARENT IS OR PARENTS ARE in reasonable3
compliance with or to have been successful at a court-approved treatment4
plan when:5
(A) The parent has not attended visitations FAMILY TIME with the6
child
OR YOUTH as set forth in the treatment plan, unless good cause can7
be shown for failing to visit
ATTEND; or8
SECTION 17. In Colorado Revised Statutes, 19-3-612, amend9
(10) and (11)(a)(II) as follows:10
19-3-612. Reinstatement of the parent-child legal relationship11
- circumstances - petition - hearings - legislative declaration. (10) At12
the conclusion of the initial hearing, the court shall either dismiss the13
petition because the threshold conditions for reinstatement set forth in14
subsection (9) of this section have not been met or enter an order finding15
that the threshold conditions for reinstatement set forth in subsection (9)16
of this section have been met and that it is in the best interests of the child17
OR YOUTH to work toward reinstatement of the parent-child legal18
relationship. If the court finds that it is in the best interests of the child
OR19
YOUTH to pursue reinstatement of the parent-child legal relationship, the20
court must approve a transition plan developed by the county department21
and designed for reinstatement of the parent-child legal relationship,22
including visitation
FAMILY TIME or placement of the child OR YOUTH23
with the former parent for a designated trial period of up to six months,24
during which time legal custody of the child
OR YOUTH remains with the25
county department. As part of the transition plan, the county department26
shall provide transition services, as needed. The county department shall27
HB23-1027
-15- assess the visitation FAMILY TIME or temporary placement of the child OR1
YOUTH with the former parent and prepare a report about the success of2
the visitation FAMILY TIME or temporary placement. The county3
department shall submit the report to the court, the former parent, and the4
guardian ad litem not later than thirty days prior to the expiration of the5
designated trial period. The county department may stop the visitation6
FAMILY TIME or remove the child OR YOUTH from placement with the7
former parent at any time, in accordance with the procedures outlined in8
sections 19-3-401 and 19-3-403, if it deems that the child
OR YOUTH is9
not safe or that it is no longer in the best interests of the child
OR YOUTH10
for the child
OR YOUTH to remain with the former parent.11
(11) (a) The court shall schedule a final hearing prior to the12
expiration of the designated trial period. At the final hearing, the court13
shall consider the following:14
(II) Whether the trial period of visitation
FAMILY TIME or15
placement of the child
OR YOUTH with the former parent was successful;16
SECTION 18. In Colorado Revised Statutes, 19-3-702, amend17
(1)(a) and (3)(a) as follows:18
19-3-702. Permanency hearing. (1) (a) In order to provide19
stable, permanent homes for every child or youth placed out of the home,20
in as short a time as possible, a court shall conduct a permanency21
planning hearing. The court shall hold the permanency planning hearing22
as soon as possible following the initial hearing held pursuant to a23
proceeding pursuant to part 3 of article 7 of this title 19 or the initial24
dispositional hearing pursuant to this article 3; except that the25
permanency planning hearing must be held no later than ninety-one days26
after the initial decree of disposition. After the initial permanency27
HB23-1027
-16- planning hearing, the court shall hold additional hearings at least every1
six months while the case remains open or more often in the discretion of2
the court, or upon the motion of any party. T
HE INITIAL PERMANENCY3
HEARING MUST BE HELD WITHIN TWELVE MONTHS AFTER THE CHILD OR4
YOUTH ENTERS FOSTER CARE, EVEN WHEN A DISPOSITIONAL DECREE HAS5
NOT YET BEEN ENTERED . When possible, the permanency planning6
hearing must be combined with the in-person six-month review as7
provided for in section 19-1-115 (4)(c), subsection (6)(a) of this section,8
or section 19-7-312. The court shall hold all permanency planning9
hearings in person, provide proper notice to all parties, and provide all10
parties the opportunity to be heard. The court shall consult with the child11
or youth in a developmentally appropriate manner regarding the child's or12
youth's permanency goal.13
(3) At any permanency planning hearing, the court shall first14
determine if the child or youth should be returned to the child's or youth's15
parent, named guardian, or legal custodian and, if applicable, the date on16
which the child or youth must be returned. If the child or youth cannot be17
returned home, the court shall also determine whether reasonable efforts18
have been made to find a safe and stable permanent home for the child or19
youth. The court shall not delay permanency planning by considering the20
placement of children or youth together as a sibling group. At any21
permanency planning hearing, the court shall make the following22
determinations, when applicable:23
(a) Whether procedural safeguards to preserve parental rights have24
been applied in connection with any change in the child's or youth's25
placement or any determination affecting parental visitation
FAMILY TIME26
of the child or youth;27
HB23-1027
-17- SECTION 19. In Colorado Revised Statutes, 19-3-903, amend1
(1) as follows:2
19-3-903. Task force on high-quality parenting time - creation3
- steering committee - membership. (1) There is created in the state4
department OFFICE OF RESPONDENT PARENTS ' COUNSEL CREATED IN5
SECTION 13-92-103 the task force on high-quality parenting time, for the6
purpose of studying the issues set forth in section 19-3-904 and making7
findings and recommendations to the governor, the state department; the8
child welfare training academy, and the general assembly on9
administrative and legislative changes to improve high-quality parenting10
time services and practices in dependency and neglect cases.11
SECTION 20. In Colorado Revised Statutes,19-3-904, amend12
(1)(c), (1)(d), and (2)(a) as follows:13
19-3-904. Task force - purposes - issues to study - written14
reports. (1) The purpose of the task force is to:15
(c) Study best practices for judicial review of visitation FAMILY16
TIME and parenting time plans;17
(d) Evaluate the rights and remedies for parents and children or18
youth pertaining to parenting time, including sibling visitation FAMILY19
TIME;20
(2) In carrying out the purposes set forth in subsection (1) of this21
section, the task force shall consider:22
(a) The United States constitution and state constitution, case law,23
statutes, rules, practices, and standards that govern family parenting time24
or visitation FAMILY TIME in Colorado;25
SECTION 21. In Colorado Revised Statutes, amend 19-3-905 as26
follows:27
HB23-1027
-18- 19-3-905. Repeal of part. This part 9 is repealed, effective July1
1, 2023 2024.2
SECTION 22. In Colorado Revised Statutes,19-5-105, amend3
(3.4)(c) as follows:4
19-5-105. Proceeding to terminate parent-child legal5
relationship. (3.4) (c) If the child
OR YOUTH has been out of his or her
6
THE birth parents' care for more than one year, irrespective of incidental7
communications or visits from the relinquishing or nonrelinquishing8
parent, there is a rebuttable presumption that the best interests of the child9
OR YOUTH will be served by granting custody to the person in whose care10
the child
OR YOUTH has been for that period. Such presumption may be11
overcome by a preponderance of the evidence.12
SECTION 23. In Colorado Revised Statutes, 19-5-208, amend13
(4.5)(b) as follows:14
19-5-208. Petition for adoption - open adoption - post-adoption15
contact agreement. (4.5) (b) Only the petitioner may request a16
post-adoption contact agreement for contact between a child
OR YOUTH17
and the birth parent or parents; a birth relative, as set forth in section18
19-3-605 (1); or an Indian tribe if the child
OR YOUTH is a member of the19
Indian tribe. A post-adoption contact agreement may include provisions20
for contact, visitation
FAMILY TIME, or the exchange of information, and21
the grounds, if any, on which the adoptive parent may decline to permit22
visits CONTACTS or cease providing contact or information. If a child OR23
YOUTH is available for adoption through an expedited relinquishment24
pursuant to section 19-5-103.5, the contact agreement must be limited to25
contact between the child
OR YOUTH and the birth parents and THE CHILD'S26
OR YOUTH'S biological siblings. of the child.
27
HB23-1027
-19- SECTION 24. In Colorado Revised Statutes, 19-5-210, amend1
(7) as follows:2
19-5-210. Hearing on petition. (7) In cases involving the3
adoption of a child
OR YOUTH who is part of a sibling group but who is4
not being adopted with his or her
THE CHILD'S siblings, in addition to5
issuing a final decree of adoption, if the adoptive parents are willing, the6
court may encourage reasonable visitation FAMILY TIME among the7
siblings when visitation FAMILY TIME is in the best interests of the child,8
YOUTH, or the children. The court shall review the record and inquire as9
to whether the adoptive parents have received counseling regarding10
children
OR YOUTH in sibling groups maintaining or developing ties with11
each other.12
SECTION 25. In Colorado Revised Statutes, 19-7-203, amend13
(1)(l) and (1)(m) as follows:14
19-7-203. Foster care sibling rights. (1) Sibling youth in foster15
care, except youth in the custody of the division of youth services created16
pursuant to section 19-2.5-1501 or a state hospital for persons with17
behavioral or mental health disorders, have the following rights, unless18
they are not in the best interests of each sibling, regardless of whether the19
parental rights of one or more of the foster youth's parents have been20
terminated:21
(l) To expect that the youth's guardian ad litem advocate on behalf22
of the youth for frequent contact and visits
FAMILY TIME with siblings,23
unless the guardian ad litem determines through the guardian ad litem's24
independent investigation that the contact is not in the best interests of the25
youth;26
(m) To have contact FAMILY TIME with siblings encouraged in any27
HB23-1027
-20- adoptive or guardianship placement; and1
SECTION 26. In Colorado Revised Statutes, 19-7-204, amend2
(1), (2) introductory portion, (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) as3
follows:4
19-7-204. Foster care sibling family time - contact plan - rules5
- definition. (1) The department of human services shall provide6
information on sibling contact in the visitation FAMILY TIME plan for a7
youth. In doing so, the
DEPARTMENT SHALL ASK THE youth shall be
8
consulted about the youth's wishes as to sibling contact.9
(2) As written in the visitation FAMILY TIME plan, the department10
of human services shall, if it is in the best interests of each sibling: 11
(a) Promote frequent contact between siblings in foster care,12
which may include telephone calls, text messages, social media, video13
calls, and in-person visits FAMILY TIME;14
(c) Clarify that restriction of sibling visits FAMILY TIME should not15
be a consequence for behavioral problems. Visits FAMILY TIME should16
only be restricted if contrary to the best interests of a sibling.17
(d) Ensure timing and regularly scheduled sibling visits FAMILY18
TIME are outlined in case plans based on individual circumstances and19
needs of the youth.20
(3) If a youth in foster care requests an opportunity to visit FOR21
FAMILY TIME WITH a sibling, the county department that has legal custody22
of the youth shall arrange the visit FAMILY TIME within a reasonable23
amount of time and document the visit FAMILY TIME.24
(4) If a youth in foster care requests an opportunity to visit FOR25
FAMILY TIME WITH a sibling on a regular basis, the county department that26
has legal custody of the youth shall arrange the visits FAMILY TIME and27
HB23-1027
-21- ensure that the visits occur FAMILY TIME OCCURS with sufficient1
frequency and duration to promote continuity in the siblings' relationship.2
(5) If, in arranging sibling visits FAMILY TIME pursuant to this3
section, a county department determines that a requested visit FAMILY4
TIME between the siblings would not be in the best interests of one or both5
of the siblings, the county department shall deny the request, document6
its reasons for making the determination, and provide the siblings with an7
explanation for the denial, as permitted under state and federal law. In8
determining whether a requested visit FAMILY TIME would be in the best9
interests of one or both of the siblings, the county department shall10
ascertain DETERMINE whether there is pending in any jurisdiction a11
criminal action in which either of the siblings is either a victim or a12
witness. If such a criminal action is pending, the county department,13
before arranging any visit FAMILY TIME between the siblings, shall consult14
with the district attorney for the jurisdiction in which the criminal action15
is pending to determine whether the requested visit FAMILY TIME may16
have a detrimental effect upon the prosecution of the pending criminal17
action.18
(6) Nothing in this section requires or permits a county department19
to arrange a sibling visit FAMILY TIME if such visit would violate an20
existing protection order in any case pending in this state or any other21
state.22
SECTION 27. Safety clause. The general assembly hereby finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety.25
HB23-1027
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