First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0427.01 Amber Paoloemilio x5497
HOUSE BILL23-1027
House Committees Senate Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING FAMILY TIME PROVID ED PURSUANT TO THE CHILDREN 'S101
CODE, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill 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
SENATE
2nd Reading Unamended
April 20, 2023
HOUSE
3rd Reading Unamended
March 13, 2023
HOUSE
Amended 2nd Reading
March 11, 2023
HOUSE SPONSORSHIP
Joseph and Weissman, Bradley, English, Marshall, Velasco, Amabile, Bacon,
Bockenfeld, Boesenecker, Brown, Dickson, Duran, Epps, Froelich, Garcia, Hamrick, Kipp,
Lieder, Lindsay, Lindstedt, Mabrey, Martinez, McCluskie, McLachlan, Michaelson Jenet,
Ricks, Sharbini, Soper, Story, Taggart, Titone, Valdez, Weinberg, Willford, Woodrow,
Young
SENATE SPONSORSHIP
Winter F., Marchman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. proceeding, the bill:
! Requires county departments of human or social services
(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
1027-2- SECTION 1. Legislative declaration. (1) The general assembly1
finds and declares that:2
(a) Family time is essential for healthy child development,3
especially for children or youth placed outside of the home. Family time4
supports parent-child attachment, reduces a child's sense of abandonment,5
reduces traumatic impact of separation and removal, preserves6
connections with siblings and extended family, and preserves a sense of7
family and community belonging. Family time enriches the family,8
including the child and the parent. Early, consistent, and frequent family9
time is crucial for maintaining parent-child relationships, facilitating safe10
reunification of parents and children, and maintaining family connections.11
Regular, meaningful family time increases the chance of sustained12
reunification, improves emotional well-being, provides opportunities to13
strengthen cultural and kinship connections, and enhances personal14
engagement.15
(b) Colorado lacks statewide data on the frequency and duration16
of supervised family time as well as the availability of family time17
services throughout the state. Counties do not have a consistent funding18
mechanism for the provision of family time services, even though these19
services are required by law, are essential to the successful reunification20
of families, and service providers contracted to provide these services21
often lack sufficient funding. In addition, transportation and lack of staff22
present significant barriers to providing consistent and high-quality23
supervised family time services.24
(c) For these reasons, it is important to determine how regions of25
the state can effectively and efficiently fund high-quality family time26
services that reunify families.27
1027
-3- (2) Therefore, the general assembly finds it necessary to conduct1
a statewide study of best practices and funding models to provide and2
increase capacity for high-quality family time services. The general3
assembly also adopts the recommendations of the task force on4
high-quality family time to modernize language throughout the children's5
code and establish clear and consistent standards for family time6
throughout the state.7
SECTION 2. In Colorado Revised Statutes, 19-1-103, add (64.5)8
as follows:9
19-1-103. Definitions. As used in this title 19 or in the specified10
portion of this title 19, unless the context otherwise requires:11
(64.5) "F
AMILY TIME" MEANS ANY FORM OF CONTACT OR12
ENGAGEMENT BETWEEN PARENTS , LEGAL CUSTODIANS, GUARDIANS,13
SIBLINGS, AND CHILDREN OR YOUTH FOR THE PURPOSES OF PRESERVING14
AND STRENGTHENING FAMILY TIES .15
SECTION 3. In Colorado Revised Statutes, 19-3-208, amend16
(2)(b)(IV) as follows:17
19-3-208. Services - county required to provide - out-of-home18
placement options - rules - definitions. (2) (b) The following services19
must be available and provided, as determined necessary and appropriate20
by individual case plans:21
(IV) Visitation
FAMILY TIME services for parents with children or22
youth in out-of-home placement;23
SECTION 4. In Colorado Revised Statutes, 19-3-217, amend (1),24
(3), and (4); and add (1.5), (5), and (6) as follows: 25
19-3-217. Family time upon removal - rules. (1) At any hearing26
held pursuant to section 19-3-403 (2) or (3.5), the court shall enter27
1027
-4- temporary orders for reasonable visitation FAMILY TIME with the child's1
OR YOUTH'S parent that is consistent with the age and developmental2
needs of a child
OR YOUTH if the court finds that visitation is in a child's3
OR YOUTH'S best interests. The court shall order contact between the4
parent and child
OR YOUTH, which contact may include, but is not limited5
to, telephone, virtual, or in-person visits, commencing within seventy-two6
hours after any hearing pursuant to section 19-3-403 (2) or (3.5),7
excluding Saturdays, Sundays, and any court holiday. The court may8
authorize an extension of time for contact to commence if the delay is9
agreed upon by the parent, county department, and guardian ad litem or10
if the court finds that a delay in contact is in the child's
OR YOUTH'S best11
interests.12
(1.5) W
HEN A CHILD OR YOUTH IS PLACED OUT OF THE HOME , THE13
FOLLOWING CONSIDERATIONS APPLY WHEN MAKING DECISIONS14
REGARDING FAMILY TIME:15
(a) T
HE
COUNTY DEPARTMENT SHALL ENCOURAGE THE MAXIMUM16
PARENT, CHILD, AND SIBLING CONTACT POSSIBLE, INCLUDING REGULAR17
FAMILY TIME AND PARTICIPATION BY THE PARENTS IN THE CARE OF THE18
CHILD OR YOUTH, WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR19
YOUTH. THE COUNTY DEPARTMENT SHALL ENCOURAGE PARENTAL20
ATTENDANCE AND PARTICIPATION IN THE CHILD 'S OR YOUTH'S LIFE, SUCH21
AS SCHOOL, EXTRACURRICULAR ACTIVITIES, AND MEDICAL APPOINTMENTS,22
WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR YOUTH.23
(b) T
HE COURT AND THE
COUNTY DEPARTMENT MAY RELY ON24
INFORMAL RESOURCES SUCH AS COMMUNITY MEMBERS , RELATIVES, OR KIN25
TO PROVIDE TRANSPORTATION AND SUPERVISION FOR FAMILY TIME IF26
THOSE RESOURCES ARE AVAILABLE , APPROPRIATE, AND DO NOT27
1027
-5- COMPROMISE THE CHILD'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL1
HEALTH OR SAFETY.2
3
(c) (I) THERE IS A PRESUMPTION THAT SUPERVISED FAMILY TIME4
MUST:5
(A) B
E SUPERVISED BY INFORMAL SUPPORTS IDENTIFIED BY THE6FAMILY WHO VOLUNTEER TO SUPERVISE FAMILY TIME, INCLUDING7
RELATIVES, OR OTHER PERSONS 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 ,
OR OTHER FAMILY14
SUPPORTS ARE UNAVAILABLE OR UNWILLING TO PROVIDE SUPERVISION15
AFTER THE COUNTY DEPARTMENT HAS EXERCISED DUE DILIGENCE TO16
CONTACT AND ENGAGE THE RELATIVES , KIN, OR OTHER FAMILY17
SUPPORTS. NOTHING IN THIS SECTION PRECLUDES SUPPLEMENTAL18
PROFESSIONALLY COACHED OR SUPERVISED FAMILY TIME TO IMPROVE19
PARENTING SKILLS.20
(d) THE 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
(e) (I) AT THE FIRST HEARING THAT OCCURS AFTER THE27
1027
-6- EMERGENCY HEARING REQUIRED PURSUANT TO SECTION 19-3-403, OR NO1
LATER THAN THIRTY DAYS AFTER THE REMOVAL DATE , THE COUNTY2
DEPARTMENT SHALL PROVIDE THE COURT WITH A PROPOSED FAMILY TIME3
PLAN ON THE 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
PROVIDE OR EXTEND THE TIME11
FOR PROVIDING THE FAMILY TIME PLAN DESCRIBED IN SUBSECTION12
(1.5)(f)(I)
OF THIS SECTION. A LACK OF STAFF OR FINANCIAL RESOURCES13
IS NOT GOOD CAUSE. ANY SUBSEQUENT WRITTEN FAMILY SERVICES PLAN14
SUBMITTED TO THE COURT PURSUANT TO SECTION 19-3-507 OR 19-3-70215
MUST INCLUDE
AN UPDATE ON PARTICIPATION IN AND PROVISION OF16
FAMILY TIME AND BARRIERS TO EXPANDING FAMILY TIME .17
18
(f) THE COURT OR THE COUNTY DEPARTMENT SHALL NOT LIMIT19
FAMILY TIME AS A SANCTION FOR A PARENT 'S FAILURE TO COMPLY WITH20
COURT ORDERS OR SERVICES IF THE CHILD 'S OR YOUTH'S SAFETY OR21
MENTAL, EMOTIONAL, OR PHYSICAL HEALTH IS NOT AT RISK AS A RESULT22
OF THE FAMILY TIME.23
(g) THE COURT, THE COUNTY DEPARTMENT , THE PARENT, OR24
OTHER SUPPORT SHALL NOT LIMIT FAMILY TIME OR CONTACT BETWEEN A25
CHILD OR YOUTH AND THE CHILD'S OR YOUTH'S PARENT OR SIBLING AS A26
SANCTION FOR THE CHILD'S OR YOUTH'S BEHAVIOR OR AS AN INCENTIVE TO27
1027
-7- CHANGE THE CHILD'S OR YOUTH'S BEHAVIOR.1
(h) THE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER2
A PARENT'S PREFERENCES WHEN DETERMINING SUPERVISION, LOCATION,3
AND TIMING OF FAMILY TIME.4
(i) THE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER5
A CHILD'S OR YOUTH'S PREFERENCES WHEN DETERMINING SUPERVISION,6
LOCATION, AND TIMING OF FAMILY.7
(3) Absent the issuance of an emergency order, a parent granted8
visitation FAMILY TIME is entitled to a hearing prior to an ongoing9
reduction in, suspension of, or increase in the level of supervision,10
including a change from in-person visitation FAMILY TIME to virtual11
visitation FAMILY TIME. If the court issues an emergency order12
suspending, reducing, or restricting visitation FAMILY TIME, a parent is13
entitled to a hearing within seventy-two hours after the order is issued,14
excluding Saturdays, Sundays, and court holidays. The court need not15
hold a hearing if there is agreement by the petitioner, guardian ad litem16
or counsel for youth, and parent to the reduction, suspension, or increase17
in level of supervision of visits FAMILY TIME. Any such agreement must18
be reduced to writing and filed with the court. Nothing in this section19
prevents the county department from canceling a visit SCHEDULED FAMILY20
TIME if the child's health or welfare OR YOUTH'S SAFETY OR MENTAL,21
EMOTIONAL, OR PHYSICAL HEALTH would be endangered or if the parent22
consents to the cancellation of the visit FAMILY TIME.23
(4) Nothing in this section requires or permits a county department24
to arrange a visit FAMILY TIME if the visit FAMILY TIME would violate an25
existing protection order in any case pending in this state or any other26
state. The county department is not required to produce a child
OR YOUTH27
1027
-8- for court-ordered visitation FAMILY TIME if the visitation FAMILY TIME is1
made impossible due to the policies of a facility where the parent is2
incarcerated or in treatment.3
(5) A
PERSON'S INCLUSION IN FAMILY TIME DOES NOT CONFER4
RIGHTS NOT OTHERWISE GRANTED BY LAW , INCLUDING THE RIGHT TO5
APPEAL DENIAL OF PARTICIPATION IN FAMILY TIME .6
(6) T
HE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE7
RULES IN ACCORDANCE WITH THIS SECTION .8
SECTION 5. In Colorado Revised Statutes, 19-3-904, add (5) as9
follows:10
19-3-904. Task force - purposes - issues to study - written11
reports. (5) O
N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL12
COMMISSION AND EVALUATE A STATEWIDE STUDY TO :13
(a) I
DENTIFY THE CURRENT STRENGTHS AND NEEDS FOR PROVIDING14
HIGH-QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;15
(b) I
DENTIFY NECESSARY MEASURES TO BUILD CAPACITY TO16
PROVIDE HIGH- QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE17
STATE;18
(c) I
NVENTORY CURRENT FUNDING SOURCES AND ALLOWABLE19
COSTS FOR PROVIDING SUCH SERVICES; AND20
(d) M
AKE RECOMMENDATIONS REGARDING BEST PRACTICES FOR21
FUNDING
HIGH-QUALITY PARENTING TIME. THE TASK FORCE SHALL22
PROVIDE THE STUDY AND RECOMMENDATIONS OF THE TASK FORCE TO THE23
GOVERNOR; THE STATE DEPARTMENT ; THE CHILD WELFARE TRAINING24
ACADEMY; THE JOINT BUDGET COMMITTEE ; AND THE HOUSE OF25
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN26
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES27
1027
-9- COMMITTEE, OR ANY SUCCESSOR COMMITTEES .1
SECTION 6. In Colorado Revised Statutes, 19-1-107, amend2
(2.5) as follows:3
19-1-107. Social study and other reports. (2.5) For purposes of4
determining the appropriate treatment plan in connection with the5
disposition of a child who is under six years of age at the time a petition6
is filed in accordance with section 19-3-501 (2), the report shall include7
a list of services available to families that are specific to the needs of the8
child and the child's family and that are available in the community where9
the family resides. The report shall establish a priority of the services if10
multiple services are recommended. The services may include, but are not11
limited to, transportation services, visitation FAMILY TIME services,12
psychological counseling, drug screening and treatment programs,13
marriage and family counseling, parenting classes, housing and day care14
assistance, and homemaker services.15
SECTION 7. In Colorado Revised Statutes, 19-1-114, amend16
(2)(a) and (2)(b) as follows:17
19-1-114. Order of protection. (2) The order of protection may18
require any such person:19
(a) To stay away from a child or his A CHILD'S residence;20
(b) To permit a parent to visit a child at stated periods COMPLY21
WITH A FAMILY TIME SCHEDULE;22
SECTION 8. In Colorado Revised Statutes, 19-1-115, amend (6)23
introductory portion, (6)(d), (6.5) introductory portion, and (6.5)(c) as24
follows:25
19-1-115. Legal custody - guardianship - placement out of the26
home - petition for review for need of placement. (6) Any time the27
1027
-10- court enters an order awarding legal custody of a child OR YOUTH to the1
department of human services or to a county department pursuant to the2
provisions of this title TITLE 19, even temporarily, said THE order shall3
MUST contain specific findings, if warranted by the evidence, as follows:4
(d) That procedural safeguards with respect to parental rights have5
been applied in connection with the removal of the child
OR YOUTH from6
the home, a change in the child's
OR YOUTH'S placement out of the home,7
and any determination affecting parental visitation
FAMILY TIME.8
(6.5) Any time the court enters an order continuing a child
OR9
YOUTH in a placement out of the home pursuant to this title, said
TITLE 19,10
THE order shall MUST contain specific findings, if warranted by the11
evidence, as follows:12
(c) That procedural safeguards with respect to parental rights have13
been applied in connection with the continuation of the child
OR YOUTH14
in out-of-home placement, a change in the child's
OR YOUTH'S placement15
out of the home, and any determination affecting parental visitation
16
FAMILY TIME.17
SECTION 9. In Colorado Revised Statutes, 19-1-208, amend (2)18
as follows:19
19-1-208. Duties of CASA volunteer. (2) Recommendations.20
Unless otherwise ordered by the court, the CASA volunteer, with the21
support and supervision of the CASA program staff, shall make22
recommendations consistent with the best interests of the child
OR YOUTH23
regarding placement, visitation
FAMILY TIME, and appropriate services for24
the child
OR YOUTH and family and shall prepare a written report to be25
distributed to the parties of the action.26
SECTION 10. In Colorado Revised Statutes, 19-2.5-305, amend27
1027
-11- (3)(a)(XI)(C) as follows:1
19-2.5-305. Detention and shelter - hearing - time limits -2
findings - review - confinement with adult offenders - restrictions.3
(3) (a) (XI) If the court orders further detention of a juvenile pursuant to4
this section, the order must contain specific findings as follows:5
(C) Whether procedural safeguards to preserve parental rights6
have been applied in connection with the removal of the juvenile from the7
home, any change in the juvenile's placement in a community placement,8
or any determination affecting parental visitation FAMILY TIME of the9
juvenile.10
SECTION 11. In Colorado Revised Statutes, 19-2.5-1116,11
amend (4)(a) introductory portion and (4)(a)(VIII) as follows:12
19-2.5-1116. Orders - community placement - reasonable13
efforts required - reviews. (4) (a) If the juvenile is in the legal custody14
of a county department of human or social services and is placed in a15
community placement for a period of twelve months or longer, the district16
court, another court of competent jurisdiction, or an administrative body17
appointed or approved by the court that is not under the county18
department's supervision shall conduct a permanency hearing within said19
twelve months and every twelve months thereafter for as long as the20
juvenile remains in community placement. At the permanency hearing,21
the entity conducting the hearing shall determine whether:22
(VIII) Procedural safeguards to preserve parental rights have been23
applied in connection with the removal of the juvenile from the home, any24
change in the juvenile's community placement, or any determination25
affecting parental visitation FAMILY TIME.26
SECTION 12. In Colorado Revised Statutes, 19-2.5-1518,27
1027
-12- amend (1)(b)(VIII) as follows:1
19-2.5-1518. Commitment to department of human services.2
(1) (b) When a juvenile is placed in a community placement for a period3
of twelve months or longer, a court of competent jurisdiction or an4
administrative body appointed or approved by the court that is not under5
the supervision of the department of human services shall conduct a6
permanency hearing pursuant to the federal "Social Security Act", 427
U.S.C. sec. 675 (5)(C) no later than the twelfth month of the community8
placement and at least every twelve months thereafter while the juvenile9
remains in a community placement. At the permanency hearing, the entity10
conducting the hearing shall determine whether:11
(VIII) Procedural safeguards to preserve parental rights have been12
applied in connection with the removal of the juvenile from the home, any13
change in the juvenile's community placement, or any determination14
affecting parental visitation FAMILY TIME.15
SECTION 13. In Colorado Revised Statutes, 19-3-208, amend16
(2)(b)(IV) as follows:17
19-3-208. Services - county required to provide - out-of-home18
placement options - rules - definitions. (2) (b) The following services19
must be available and provided, as determined necessary and appropriate20
by individual case plans:21
(IV) Visitation FAMILY TIME services for parents with children or22
youth in out-of-home placement;23
SECTION 14. In Colorado Revised Statutes, 19-3-210.5, amend24
(1)(b) as follows:25
19-3-210.5. Foster parents' bill of rights. (1) A foster parent has26
the right to:27
1027
-13- (b) Promote the reasonable and prudent parent standard for the1
child or youth and the continuance of positive family patterns and2
routines to the extent possible without interfering with court-ordered3
visitation FAMILY TIME or services required pursuant to section 19-3-208;4
SECTION 15. In Colorado Revised Statutes, 19-3-403, amend5
(7) as follows:6
19-3-403. Temporary custody - hearing - time limits -7
restriction - rules. (7) The court may also issue temporary orders for8
legal custody as provided in section 19-1-115. The court shall enter9
visitation FAMILY TIME orders consistent with section 19-3-217.10
SECTION 16. In Colorado Revised Statutes, 19-3-604, amend11
(1)(c) introductory portion, (1)(c)(I) introductory portion, and (1)(c)(I)(A)12
as follows:13
19-3-604. Criteria for termination. (1) The court may order a14
termination of the parent-child legal relationship upon the finding by clear15
and convincing evidence of any one of the following:16
(c) That the child
OR YOUTH is adjudicated dependent or neglected17
and all of the following exist:18
(I) That an appropriate treatment plan approved by the court has19
not been reasonably complied with by the parent or parents or has not20
been successful or that the court has previously found, pursuant to section21
19-3-508 (1)(e), that an appropriate treatment plan could not be devised.22
In a county designated pursuant to section 19-1-123, if a child
OR YOUTH23
is under six years of age at the time a petition is filed in accordance with24
section 19-3-501 (2), no parent or parents shall be found to be
THE COURT25
SHALL NOT FIND THAT A PARENT IS OR PARENTS ARE in reasonable26
compliance with or to have been successful at a court-approved treatment27
1027
-14- plan when:1
(A) The parent has not attended visitations FAMILY TIME with the2
child
OR YOUTH as set forth in the treatment plan, unless good cause can3
be shown for failing to visit
ATTEND; or4
SECTION 17. In Colorado Revised Statutes, 19-3-612, amend5
(10) and (11)(a)(II) as follows:6
19-3-612. Reinstatement of the parent-child legal relationship7
- circumstances - petition - hearings - legislative declaration. (10) At8
the conclusion of the initial hearing, the court shall either dismiss the9
petition because the threshold conditions for reinstatement set forth in10
subsection (9) of this section have not been met or enter an order finding11
that the threshold conditions for reinstatement set forth in subsection (9)12
of this section have been met and that it is in the best interests of the child13
OR YOUTH to work toward reinstatement of the parent-child legal14
relationship. If the court finds that it is in the best interests of the child
OR15
YOUTH to pursue reinstatement of the parent-child legal relationship, the16
court must approve a transition plan developed by the county department17
and designed for reinstatement of the parent-child legal relationship,18
including visitation
FAMILY TIME or placement of the child OR YOUTH19
with the former parent for a designated trial period of up to six months,20
during which time legal custody of the child
OR YOUTH remains with the21
county department. As part of the transition plan, the county department22
shall provide transition services, as needed. The county department shall23
assess the visitation
FAMILY TIME or temporary placement of the child OR24
YOUTH with the former parent and prepare a report about the success of25
the visitation FAMILY TIME or temporary placement. The county26
department shall submit the report to the court, the former parent, and the27
1027
-15- guardian ad litem not later than thirty days prior to the expiration of the1
designated trial period. The county department may stop the visitation2
FAMILY TIME or remove the child OR YOUTH from placement with the3
former parent at any time, in accordance with the procedures outlined in4
sections 19-3-401 and 19-3-403, if it deems that the child
OR YOUTH is5
not safe or that it is no longer in the best interests of the child
OR YOUTH6
for the child
OR YOUTH to remain with the former parent.7
(11) (a) The court shall schedule a final hearing prior to the8
expiration of the designated trial period. At the final hearing, the court9
shall consider the following:10
(II) Whether the trial period of visitation
FAMILY TIME or11
placement of the child
OR YOUTH with the former parent was successful;12
SECTION 18. In Colorado Revised Statutes, 19-3-702, amend13
(1)(a) and (3)(a) as follows:14
19-3-702. Permanency hearing. (1) (a) In order to provide15
stable, permanent homes for every child or youth placed out of the home,16
in as short a time as possible, a court shall conduct a permanency17
planning hearing. The court shall hold the permanency planning hearing18
as soon as possible following the initial hearing held pursuant to a19
proceeding pursuant to part 3 of article 7 of this title 19 or the initial20
dispositional hearing pursuant to this article 3; except that the21
permanency planning hearing must be held no later than ninety-one days22
after the initial decree of disposition. After the initial permanency23
planning hearing, the court shall hold additional hearings at least every24
six months while the case remains open or more often in the discretion of25
the court, or upon the motion of any party. T
HE INITIAL PERMANENCY26
HEARING MUST BE HELD WITHIN TWELVE MONTHS AFTER THE CHILD OR27
1027
-16- YOUTH ENTERS FOSTER CARE, EVEN WHEN A DISPOSITIONAL DECREE HAS1
NOT YET BEEN ENTERED . When possible, the permanency planning2
hearing must be combined with the in-person six-month review as3
provided for in section 19-1-115 (4)(c), subsection (6)(a) of this section,4
or section 19-7-312. The court shall hold all permanency planning5
hearings in person, provide proper notice to all parties, and provide all6
parties the opportunity to be heard. The court shall consult with the child7
or youth in a developmentally appropriate manner regarding the child's or8
youth's permanency goal.9
(3) At any permanency planning hearing, the court shall first10
determine if the child or youth should be returned to the child's or youth's11
parent, named guardian, or legal custodian and, if applicable, the date on12
which the child or youth must be returned. If the child or youth cannot be13
returned home, the court shall also determine whether reasonable efforts14
have been made to find a safe and stable permanent home for the child or15
youth. The court shall not delay permanency planning by considering the16
placement of children or youth together as a sibling group. At any17
permanency planning hearing, the court shall make the following18
determinations, when applicable:19
(a) Whether procedural safeguards to preserve parental rights have20
been applied in connection with any change in the child's or youth's21
placement or any determination affecting parental visitation FAMILY TIME22
of the child or youth;23
SECTION 19. In Colorado Revised Statutes, 19-3-903, amend24
(1) as follows:25
19-3-903. Task force on high-quality parenting time - creation26
- steering committee - membership. (1) There is created in the state27
1027
-17- department OFFICE OF RESPONDENT PARENTS ' COUNSEL CREATED IN1
SECTION 13-92-103 the task force on high-quality parenting time, for the2
purpose of studying the issues set forth in section 19-3-904 and making3
findings and recommendations to the governor, the state department; the4
child welfare training academy, and the general assembly on5
administrative and legislative changes to improve high-quality parenting6
time services and practices in dependency and neglect cases.7
SECTION 20. In Colorado Revised Statutes,19-3-904, amend8
(1)(c), (1)(d), and (2)(a) as follows:9
19-3-904. Task force - purposes - issues to study - written10
reports. (1) The purpose of the task force is to:11
(c) Study best practices for judicial review of visitation FAMILY12
TIME and parenting time plans;13
(d) Evaluate the rights and remedies for parents and children or14
youth pertaining to parenting time, including sibling visitation FAMILY15
TIME;16
(2) In carrying out the purposes set forth in subsection (1) of this17
section, the task force shall consider:18
(a) The United States constitution and state constitution, case law,19
statutes, rules, practices, and standards that govern family parenting time20
or visitation FAMILY TIME in Colorado;21
SECTION 21. In Colorado Revised Statutes, amend 19-3-905 as22
follows:23
19-3-905. Repeal of part. This part 9 is repealed, effective July24
1, 2023 2025.25
SECTION 22. In Colorado Revised Statutes,19-5-105, amend26
(3.4)(c) as follows:27
1027
-18- 19-5-105. Proceeding to terminate parent-child legal1
relationship. (3.4) (c) If the child
OR YOUTH has been out of his or her
2
THE birth parents' care for more than one year, irrespective of incidental3
communications or visits from the relinquishing or nonrelinquishing4
parent, there is a rebuttable presumption that the best interests of the child5
OR YOUTH will be served by granting custody to the person in whose care6
the child
OR YOUTH has been for that period. Such presumption may be7
overcome by a preponderance of the evidence.8
SECTION 23. In Colorado Revised Statutes, 19-5-208, amend9
(4.5)(b) as follows:10
19-5-208. Petition for adoption - open adoption - post-adoption11
contact agreement. (4.5) (b) Only the petitioner may request a12
post-adoption contact agreement for contact between a child
OR YOUTH13
and the birth parent or parents; a birth relative, as set forth in section14
19-3-605 (1); or an Indian tribe if the child
OR YOUTH is a member of the15
Indian tribe. A post-adoption contact agreement may include provisions16
for contact, visitation
FAMILY TIME, or the exchange of information, and17
the grounds, if any, on which the adoptive parent may decline to permit18
visits CONTACTS or cease providing contact or information. If a child OR19
YOUTH is available for adoption through an expedited relinquishment20
pursuant to section 19-5-103.5, the contact agreement must be limited to21
contact between the child
OR YOUTH and the birth parents and THE CHILD'S22
OR YOUTH'S biological siblings. of the child.
23
SECTION 24. In Colorado Revised Statutes, 19-5-210, amend24
(7) as follows:25
19-5-210. Hearing on petition. (7) In cases involving the26
adoption of a child
OR YOUTH who is part of a sibling group but who is27
1027
-19- not being adopted with his or her THE CHILD'S siblings, in addition to1
issuing a final decree of adoption, if the adoptive parents are willing, the2
court may encourage reasonable visitation FAMILY TIME among the3
siblings when visitation FAMILY TIME is in the best interests of the child,4
YOUTH, or the children. The court shall review the record and inquire as5
to whether the adoptive parents have received counseling regarding6
children
OR YOUTH in sibling groups maintaining or developing ties with7
each other.8
SECTION 25. In Colorado Revised Statutes, 19-7-203, amend9
(1)(l) and (1)(m) as follows:10
19-7-203. Foster care sibling rights. (1) Sibling youth in foster11
care, except youth in the custody of the division of youth services created12
pursuant to section 19-2.5-1501 or a state hospital for persons with13
behavioral or mental health disorders, have the following rights, unless14
they are not in the best interests of each sibling, regardless of whether the15
parental rights of one or more of the foster youth's parents have been16
terminated:17
(l) To expect that the youth's guardian ad litem advocate on behalf18
of the youth for frequent contact and visits
FAMILY TIME with siblings,19
unless the guardian ad litem determines through the guardian ad litem's20
independent investigation that the contact is not in the best interests of the21
youth;22
(m) To have contact FAMILY TIME with siblings encouraged in any23
adoptive or guardianship placement; and24
SECTION 26. In Colorado Revised Statutes, 19-7-204, amend25
(1), (2) introductory portion, (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) as26
follows:27
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-20- 19-7-204. Foster care sibling family time - contact plan - rules1
- definition. (1) The department of human services shall provide2
information on sibling contact in the visitation FAMILY TIME plan for a3
youth. In doing so, the
DEPARTMENT SHALL ASK THE youth shall be
4
consulted about the youth's wishes as to sibling contact.5
(2) As written in the visitation FAMILY TIME plan, the department6
of human services shall, if it is in the best interests of each sibling: 7
(a) Promote frequent contact between siblings in foster care,8
which may include telephone calls, text messages, social media, video9
calls, and in-person visits FAMILY TIME;10
(c) Clarify that restriction of sibling visits FAMILY TIME should not11
be a consequence for behavioral problems. Visits FAMILY TIME should12
only be restricted if contrary to the best interests of a sibling.13
(d) Ensure timing and regularly scheduled sibling visits FAMILY14
TIME are outlined in case plans based on individual circumstances and15
needs of the youth.16
(3) If a youth in foster care requests an opportunity to visit FOR17
FAMILY TIME WITH a sibling, the county department that has legal custody18
of the youth shall arrange the visit FAMILY TIME within a reasonable19
amount of time and document the visit FAMILY TIME.20
(4) If a youth in foster care requests an opportunity to visit FOR21
FAMILY TIME WITH a sibling on a regular basis, the county department that22
has legal custody of the youth shall arrange the visits FAMILY TIME and23
ensure that the visits occur FAMILY TIME OCCURS with sufficient24
frequency and duration to promote continuity in the siblings' relationship.25
(5) If, in arranging sibling visits FAMILY TIME pursuant to this26
section, a county department determines that a requested visit FAMILY27
1027
-21- TIME between the siblings would not be in the best interests of one or both1
of the siblings, the county department shall deny the request, document2
its reasons for making the determination, and provide the siblings with an3
explanation for the denial, as permitted under state and federal law. In4
determining whether a requested visit FAMILY TIME would be in the best5
interests of one or both of the siblings, the county department shall6
ascertain DETERMINE whether there is pending in any jurisdiction a7
criminal action in which either of the siblings is either a victim or a8
witness. If such a criminal action is pending, the county department,9
before arranging any visit FAMILY TIME between the siblings, shall consult10
with the district attorney for the jurisdiction in which the criminal action11
is pending to determine whether the requested visit FAMILY TIME may12
have a detrimental effect upon the prosecution of the pending criminal13
action.14
(6) Nothing in this section requires or permits a county department15
to arrange a sibling visit FAMILY TIME if such visit would violate an16
existing protection order in any case pending in this state or any other17
state.18
SECTION 27. Appropriation. (1) For the 2023-24 state fiscal19
year, $142,000 is appropriated to the judicial department for use by the20
office of the respondent parents' counsel. This appropriation is from the 21
general fund. To implement this act, the office may use this appropriation22
for personal services.23
(2) For the 2023-24 state fiscal year, $13,879 is appropriated to24
the department of human services for use by the division of child welfare.25
This appropriation is from the general fund. To implement this act, the26
division may use this appropriation for Colorado trails.27
1027
-22- (3) For the 2023-24 state fiscal year, the general assembly1
anticipates that the department of human services will receive $7,473 in2
federal funds for use by the division of child welfare to implement this3
act. The appropriation in subsection (2) of this section is based on the4
assumption that the department will receive this amount of federal funds,5
which is subject to the "(I)" notation as defined in the annual general6
appropriation act for the same fiscal year.7
SECTION 28. Effective date. This act takes effect upon passage;8
except that section 4 of this act takes effect January 1, 2024.9
SECTION 29. Safety clause. The general assembly hereby finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety.12
1027
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