Colorado 2023 Regular Session

Colorado House Bill HB1027 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. 23-0427.01 Amber Paoloemilio x5497
1	8		HOUSE BILL23-1027
2		-	BY REPRESENTATIVE(S) Joseph and Weissman, Bradley, English,
3		-	Marshall, Velasco, Amabile, Bacon, Bockenfeld, Boesenecker, Brown,
4		-	Dickson, Duran, Epps, Froelich, Garcia, Hamrick, Kipp, Lieder, Lindsay,
5		-	Lindstedt, Mabrey, Martinez, McLachlan, Michaelson Jenet, Ricks,
6		-	Sharbini, Soper, Story, Taggart, Titone, Valdez, Weinberg, Willford,
7		-	Woodrow, Young, McCluskie;
8		-	also SENATOR(S) Winter F., Marchman, Buckner, Coleman, Cutter,
9		-	Exum, Gonzales, Hansen, Hinrichsen, Kolker, Moreno, Priola.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING FAMILY TIME PROVIDED PURSUANT TO THE CHILDREN 'S CODE,
12		-	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds and declares that:
16		-	(a) Family time is essential for healthy child development, especially
17		-	for children or youth placed outside of the home. Family time supports
18		-	parent-child attachment, reduces a child's sense of abandonment, reduces
19		-	traumatic impact of separation and removal, preserves connections with
20		-	siblings and extended family, and preserves a sense of family and
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. community belonging. Family time enriches the family, including the child
29		-	and the parent. Early, consistent, and frequent family time is crucial for
30		-	maintaining parent-child relationships, facilitating safe reunification of
31		-	parents and children, and maintaining family connections. Regular,
32		-	meaningful family time increases the chance of sustained reunification,
33		-	improves emotional well-being, provides opportunities to strengthen
34		-	cultural and kinship connections, and enhances personal engagement.
35		-	(b) Colorado lacks statewide data on the frequency and duration of
36		-	supervised family time as well as the availability of family time services
37		-	throughout the state. Counties do not have a consistent funding mechanism
38		-	for the provision of family time services, even though these services are
39		-	required by law, are essential to the successful reunification of families, and
40		-	service providers contracted to provide these services often lack sufficient
41		-	funding. In addition, transportation and lack of staff present significant
42		-	barriers to providing consistent and high-quality supervised family time
43		-	services.
44		-	(c) For these reasons, it is important to determine how regions of the
45		-	state can effectively and efficiently fund high-quality family time services
46		-	that reunify families.
47		-	(2) Therefore, the general assembly finds it necessary to conduct a
48		-	statewide study of best practices and funding models to provide and
49		-	increase capacity for high-quality family time services. The general
50		-	assembly also adopts the recommendations of the task force on high-quality
51		-	family time to modernize language throughout the children's code and
52		-	establish clear and consistent standards for family time throughout the state.
53		-	SECTION 2. In Colorado Revised Statutes, 19-1-103, add (64.5)
54		-	as follows:
55		-	19-1-103. Definitions. As used in this title 19 or in the specified
56		-	portion of this title 19, unless the context otherwise requires:
	14	+	ONCERNING FAMILY TIME PROVID ED PURSUANT TO THE CHILDREN 'S101
	15	+	CODE, AND, IN CONNECTION THEREWITH, MAKING AN102
	16	+	APPROPRIATION.103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill defines "family time", changes the term "visitation" to
	25	+	"family time" in various places in statute, creates new requirements for
	26	+	determinations in dependency and neglect court proceedings, and requires
	27	+	the task force on high-quality family time (task force) to commission and
	28	+	evaluate a state study. Specifically during a dependency and neglect
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 21, 2023
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	April 20, 2023
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	March 13, 2023
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	March 11, 2023
	41	+	HOUSE SPONSORSHIP
	42	+	Joseph and Weissman, Bradley, English, Marshall, Velasco, Amabile, Bacon,
	43	+	Bockenfeld, Boesenecker, Brown, Dickson, Duran, Epps, Froelich, Garcia, Hamrick, Kipp,
	44	+	Lieder, Lindsay, Lindstedt, Mabrey, Martinez, McCluskie, McLachlan, Michaelson Jenet,
	45	+	Ricks, Sharbini, Soper, Story, Taggart, Titone, Valdez, Weinberg, Willford, Woodrow,
	46	+	Young
	47	+	SENATE SPONSORSHIP
	48	+	Winter F., Marchman, Buckner, Coleman, Cutter, Exum, Gonzales, Hansen, Hinrichsen,
	49	+	Kolker, Moreno, 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. proceeding, the bill:
	53	+	! Requires county departments of human or social services
	54	+	(county departments) to encourage maximum family time;
	55	+	! Allows the court and the state department of human
	56	+	services (department) to rely on community resources,
	57	+	foster parents, or relatives to provide transportation or
	58	+	supervision for family time;
	59	+	! Creates a presumption that supervised family time is
	60	+	supervised by relatives, kin, foster parents, or other
	61	+	supports (supports) and occurs in the community. This
	62	+	presumption can be rebutted if the health or safety of the
	63	+	child is at risk or if these supports are unavailable or
	64	+	unwilling to provide supervision.
	65	+	! Limits the court's ability to restrict or deny family time to
	66	+	situations in which the child's safety or mental, physical, or
	67	+	emotional health is at risk;
	68	+	! Requires the court to order family time in the least
	69	+	restrictive setting;
	70	+	! Requires county departments to provide information to the
	71	+	court about proposed family time and participation in
	72	+	family time;
	73	+	! Requires family time to occur at least every 7 days unless
	74	+	the child's safety or mental, physical, or emotional health is
	75	+	at risk;
	76	+	! Prohibits the court or department from limiting family time
	77	+	as a sanction for the parent's failure to comply with
	78	+	court-ordered treatment plans so long as the child's safety
	79	+	or mental, physical, or emotional health is not at risk;
	80	+	! Prohibits the court, department, parent, or support from
	81	+	limiting family time as a sanction for the child's behavior
	82	+	or as an incentive to improve the child's behavior; and
	83	+	! Gives the department the authority to promulgate rules to
	84	+	implement the provisions.
	85	+	The bill also:
	86	+	! Extends the task force by one year;
	87	+	! Requires the task force to commission and evaluate a
	88	+	statewide study to identify the strengths and needs for
	89	+	family time; identify growth areas; inventory funding
	90	+	sources; and make recommendations; and
	91	+	! Requires a permanency hearing be held within 12 months
	92	+	after a child enters foster care.
	93	+	Be it enacted by the General Assembly of the State of Colorado:1
	94	+	1027-2- SECTION 1. Legislative declaration. (1) The general assembly1
	95	+	finds and declares that:2
	96	+	(a) Family time is essential for healthy child development,3
	97	+	especially for children or youth placed outside of the home. Family time4
	98	+	supports parent-child attachment, reduces a child's sense of abandonment,5
	99	+	reduces traumatic impact of separation and removal, preserves6
	100	+	connections with siblings and extended family, and preserves a sense of7
	101	+	family and community belonging. Family time enriches the family,8
	102	+	including the child and the parent. Early, consistent, and frequent family9
	103	+	time is crucial for maintaining parent-child relationships, facilitating safe10
	104	+	reunification of parents and children, and maintaining family connections.11
	105	+	Regular, meaningful family time increases the chance of sustained12
	106	+	reunification, improves emotional well-being, provides opportunities to13
	107	+	strengthen cultural and kinship connections, and enhances personal14
	108	+	engagement.15
	109	+	(b) Colorado lacks statewide data on the frequency and duration16
	110	+	of supervised family time as well as the availability of family time17
	111	+	services throughout the state. Counties do not have a consistent funding18
	112	+	mechanism for the provision of family time services, even though these19
	113	+	services are required by law, are essential to the successful reunification20
	114	+	of families, and service providers contracted to provide these services21
	115	+	often lack sufficient funding. In addition, transportation and lack of staff22
	116	+	present significant barriers to providing consistent and high-quality23
	117	+	supervised family time services.24
	118	+	(c) For these reasons, it is important to determine how regions of25
	119	+	the state can effectively and efficiently fund high-quality family time26
	120	+	services that reunify families.27
	121	+	1027
	122	+	-3- (2) Therefore, the general assembly finds it necessary to conduct1
	123	+	a statewide study of best practices and funding models to provide and2
	124	+	increase capacity for high-quality family time services. The general3
	125	+	assembly also adopts the recommendations of the task force on4
	126	+	high-quality family time to modernize language throughout the children's5
	127	+	code and establish clear and consistent standards for family time6
	128	+	throughout the state.7
	129	+	SECTION 2. In Colorado Revised Statutes, 19-1-103, add (64.5)8
	130	+	as follows:9
	131	+	19-1-103. Definitions. As used in this title 19 or in the specified10
	132	+	portion of this title 19, unless the context otherwise requires:11
57	133		(64.5) "F
58		-	AMILY TIME" MEANS ANY FORM OF CONTACT OR
59		-	ENGAGEMENT BETWEEN PARENTS
60		-	, LEGAL CUSTODIANS , GUARDIANS,
61		-	SIBLINGS, AND CHILDREN OR YOUTH FOR THE PURPOSES OF PRESERVING AND
62		-	STRENGTHENING FAMILY TIES
63		-	.
64		-	PAGE 2-HOUSE BILL 23-1027 SECTION 3. In Colorado Revised Statutes, 19-3-208, amend
65		-	(2)(b)(IV) as follows:
66		-	19-3-208. Services - county required to provide - out-of-home
67		-	placement options - rules - definitions. (2) (b) The following services
68		-	must be available and provided, as determined necessary and appropriate by
69		-	individual case plans:
	134	+	AMILY TIME" MEANS ANY FORM OF CONTACT OR12
	135	+	ENGAGEMENT BETWEEN PARENTS , LEGAL CUSTODIANS, GUARDIANS,13
	136	+	SIBLINGS, AND CHILDREN OR YOUTH FOR THE PURPOSES OF PRESERVING14
	137	+	AND STRENGTHENING FAMILY TIES .15
	138	+	SECTION 3. In Colorado Revised Statutes, 19-3-208, amend16
	139	+	(2)(b)(IV) as follows:17
	140	+	19-3-208. Services - county required to provide - out-of-home18
	141	+	placement options - rules - definitions. (2) (b) The following services19
	142	+	must be available and provided, as determined necessary and appropriate20
	143	+	by individual case plans:21
70	144		(IV) Visitation
71		-	FAMILY TIME services for parents with children or
72		-	youth in out-of-home placement;
73		-	SECTION 4. In Colorado Revised Statutes, 19-3-217, amend (1),
74		-	(3), and (4); and add (1.5), (5), and (6) as follows:
75		-	19-3-217. Family time upon removal - rules. (1) At any ~~hearing~~
76		-	held pursuant to section 19-3-403 (2) or (3.5), the court shall ~~enter~~
77		-	~~temporary orders for reasonable visitation~~
78		-	FAMILY TIME with the child'~~s OR~~
79		-	YOUTH
80		-	~~'S parent that is consistent with the age and developmental~~ needs of
81		-	a child
82		-	OR YOUTH if the court ~~finds that visitation is in a child's OR YOUTH'S~~
83		-	~~best interests. The court shall order contact between the~~ parent and child OR
84		-	YOUTH
85		-	~~, which contact may include, but is not limited~~ to, telephone, virtual,
86		-	~~or in-person visits, commencing within seventy-two~~ hours after any hearing
87		-	~~pursuant to section 19-3-403 (2) or (3.5),~~ excluding Saturdays, Sundays, and
88		-	~~any court holiday. The court may~~ authorize an extension of time for contact
89		-	~~to commence if the delay is~~ agreed upon by the parent, county department,
90		-	~~and guardian ad litem or~~ if the court finds that a delay in contact is in the
91		-	~~child~~'s
92		-	~~OR YOUTH'S best~~ interests.
	145	+	FAMILY TIME services for parents with children or22
	146	+	youth in out-of-home placement;23
	147	+	SECTION 4. In Colorado Revised Statutes, 19-3-217, amend (1),24
	148	+	(3), and (4); and add (1.5), (5), and (6) as follows: 25
	149	+	19-3-217. Family time upon removal - rules. (1) At any hearing26
	150	+	held pursuant to section 19-3-403 (2) or (3.5), the court shall enter27
	151	+	1027
	152	+	-4- temporary orders for reasonable visitation FAMILY TIME with the child's1
	153	+	OR YOUTH'S parent that is consistent with the age and developmental2
	154	+	needs of a child
	155	+	OR YOUTH if the court finds that visitation is in a child's3
	156	+	OR YOUTH'S best interests. The court shall order contact between the4
	157	+	parent and child
	158	+	OR YOUTH, which contact may include, but is not limited5
	159	+	to, telephone, virtual, or in-person visits, commencing within seventy-two6
	160	+	hours after any hearing pursuant to section 19-3-403 (2) or (3.5),7
	161	+	excluding Saturdays, Sundays, and any court holiday. The court may8
	162	+	authorize an extension of time for contact to commence if the delay is9
	163	+	agreed upon by the parent, county department, and guardian ad litem or10
	164	+	if the court finds that a delay in contact is in the child's
	165	+	OR YOUTH'S best11
	166	+	interests.12
93	167		(1.5) W
94		-	HEN A CHILD OR YOUTH IS PLACED OUT OF THE HOME , THE
95		-	FOLLOWING CONSIDERATIONS APPLY WHEN MAKING DECISIONS REGARDING
96		-	FAMILY TIME
97		-	:
	168	+	HEN A CHILD OR YOUTH IS PLACED OUT OF THE HOME , THE13
	169	+	FOLLOWING CONSIDERATIONS APPLY WHEN MAKING DECISIONS14
	170	+	REGARDING FAMILY TIME:15
98	171		(a) T
99		-	HE COUNTY DEPARTMENT SHALL ENCOURAGE THE MAXIMUM
100		-	PARENT
101		-	, CHILD, AND SIBLING CONTACT POSSIBLE , INCLUDING REGULAR
102		-	FAMILY TIME AND PARTICIPATION BY THE PARENTS IN THE CARE OF THE
103		-	CHILD OR YOUTH
104		-	, WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR YOUTH.
105		-	T
106		-	HE COUNTY DEPARTMENT SHALL ENCOURAGE PARENTAL ATTE NDANCE AND
107		-	PARTICIPATION IN THE CHILD
108		-	'S OR YOUTH'S LIFE, SUCH AS SCHOOL ,
109		-	EXTRACURRICULAR ACTIVITIES , AND MEDICAL APPOINTMENTS , WHEN IT IS
110		-	IN THE BEST INTEREST OF THE CHILD OR YOUTH
111		-	.
112		-	PAGE 3-HOUSE BILL 23-1027 (b) THE COURT AND THE COUNTY DEPARTMENT MAY RELY ON
113		-	INFORMAL RESOURCES SUCH AS COMMUNITY MEMBERS
114		-	, RELATIVES, OR KIN
115		-	TO PROVIDE TRANSPORTATION AND SUPERVISION FOR FAMILY TIME IF THOSE
116		-	RESOURCES ARE AVAILABLE
117		-	, APPROPRIATE, AND DO NOT COMPROMISE THE
	172	+	HE
	173	+	COUNTY DEPARTMENT SHALL ENCOURAGE THE MAXIMUM16
	174	+	PARENT, CHILD, AND SIBLING CONTACT POSSIBLE, INCLUDING REGULAR17
	175	+	FAMILY TIME AND PARTICIPATION BY THE PARENTS IN THE CARE OF THE18
	176	+	CHILD OR YOUTH, WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR19
	177	+	YOUTH. THE COUNTY DEPARTMENT SHALL ENCOURAGE PARENTAL20
	178	+	ATTENDANCE AND PARTICIPATION IN THE CHILD 'S OR YOUTH'S LIFE, SUCH21
	179	+	AS SCHOOL, EXTRACURRICULAR ACTIVITIES, AND MEDICAL APPOINTMENTS,22
	180	+	WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR YOUTH.23
	181	+	(b) T
	182	+	HE COURT AND THE
	183	+	COUNTY DEPARTMENT MAY RELY ON24
	184	+	INFORMAL RESOURCES SUCH AS COMMUNITY MEMBERS , RELATIVES, OR KIN25
	185	+	TO PROVIDE TRANSPORTATION AND SUPERVISION FOR FAMILY TIME IF26
	186	+	THOSE RESOURCES ARE AVAILABLE , APPROPRIATE, AND DO NOT27
	187	+	1027
	188	+	-5- COMPROMISE THE CHILD'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL1
	189	+	HEALTH OR SAFETY.2
	190	+	3
	191	+	(c) (I) THERE IS A PRESUMPTION THAT SUPERVISED FAMILY TIME4
	192	+	MUST:5
	193	+	(A) B
	194	+	E SUPERVISED BY INFORMAL SUPPORTS IDENTIFIED BY THE6FAMILY WHO VOLUNTEER TO SUPERVISE FAMILY TIME, INCLUDING7
	195	+	RELATIVES, OR OTHER PERSONS IDENTIFIED BY THE FAMILY; AND8
	196	+	(B) O
	197	+	CCUR IN THE COMMUNITY, A HOMELIKE ENVIRONMENT , OR9
	198	+	OTHER AGREED-UPON LOCATION.10
	199	+	(II) T
	200	+	HE PRESUMPTION DESCRIBED IN SUBSECTION (1.5)(d)(I) OF11
	201	+	THIS SECTION MAY BE REBUTTED IF THE COURT FINDS THAT THE CHILD 'S OR12
	202	+	YOUTH'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH REQUIRES13
	203	+	PROFESSIONAL SUPERVISION OR THAT RELATIVES ,
	204	+	OR OTHER FAMILY14
	205	+	SUPPORTS ARE UNAVAILABLE OR UNWILLING TO PROVIDE SUPERVISION15
	206	+	AFTER THE COUNTY DEPARTMENT HAS EXERCISED DUE DILIGENCE TO16
	207	+	CONTACT AND ENGAGE THE RELATIVES , KIN, OR OTHER FAMILY17
	208	+	SUPPORTS. NOTHING IN THIS SECTION PRECLUDES SUPPLEMENTAL18
	209	+	PROFESSIONALLY COACHED OR SUPERVISED FAMILY TIME TO IMPROVE19
	210	+	PARENTING SKILLS.20
	211	+	(d) THE COURT MAY ONLY RESTRICT OR DENY FAMILY TIME IF IT IS21
	212	+	NECESSARY TO PROTECT THE CHILD 'S OR YOUTH'S SAFETY OR MENTAL,22
	213	+	EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL ORDER FAMILY23
	214	+	TIME IN THE LEAST RESTRICTIVE SETTING AND SUPERVISION AT THE LEAST24
	215	+	RESTRICTIVE LEVEL TO SATISFY THE CHILD 'S OR YOUTH'S SAFETY OR25
	216	+	MENTAL, EMOTIONAL, OR PHYSICAL HEALTH.26
	217	+	(e) (I) AT THE FIRST HEARING THAT OCCURS AFTER THE27
	218	+	1027
	219	+	-6- EMERGENCY HEARING REQUIRED PURSUANT TO SECTION 19-3-403, OR NO1
	220	+	LATER THAN THIRTY DAYS AFTER THE REMOVAL DATE , THE COUNTY2
	221	+	DEPARTMENT SHALL PROVIDE THE COURT WITH A PROPOSED FAMILY TIME3
	222	+	PLAN ON THE RECORD, INCLUDING:4
	223	+	(A) F
	224	+	REQUENCY AND LENGTH ;5
	225	+	(B) P
	226	+	ERSONS WHO MAY BE PRESENT ;6
	227	+	(C) W
	228	+	HETHER THE FAMILY TIME MUST BE SUPERVISED ; AND7
	229	+	(D) T
	230	+	HE CHILD'S OR YOUTH'S OPPORTUNITY TO COMMUNICATE8
	231	+	WITH A PARENT, SIBLING, OR OTHER RELATIVE.9
	232	+	(II) F
	233	+	OR GOOD CAUSE, OR BY AGREEMENT BY THE PARTIES , THE10
	234	+	COURT MAY WAIVE THE REQUIREMENT TO
	235	+	PROVIDE OR EXTEND THE TIME11
	236	+	FOR PROVIDING THE FAMILY TIME PLAN DESCRIBED IN SUBSECTION12
	237	+	(1.5)(f)(I)
	238	+	OF THIS SECTION. A LACK OF STAFF OR FINANCIAL RESOURCES13
	239	+	IS NOT GOOD CAUSE. ANY SUBSEQUENT WRITTEN FAMILY SERVICES PLAN14
	240	+	SUBMITTED TO THE COURT PURSUANT TO SECTION 19-3-507 OR 19-3-70215
	241	+	MUST INCLUDE
	242	+	AN UPDATE ON PARTICIPATION IN AND PROVISION OF16
	243	+	FAMILY TIME AND BARRIERS TO EXPANDING FAMILY TIME .17
	244	+	18
	245	+	(f) THE COURT OR THE COUNTY DEPARTMENT SHALL NOT LIMIT19
	246	+	FAMILY TIME AS A SANCTION FOR A PARENT 'S FAILURE TO COMPLY WITH20
	247	+	COURT ORDERS OR SERVICES IF THE CHILD 'S OR YOUTH'S SAFETY OR21
	248	+	MENTAL, EMOTIONAL, OR PHYSICAL HEALTH IS NOT AT RISK AS A RESULT22
	249	+	OF THE FAMILY TIME.23
	250	+	(g) THE COURT, THE COUNTY DEPARTMENT , THE PARENT, OR24
	251	+	OTHER SUPPORT SHALL NOT LIMIT FAMILY TIME OR CONTACT BETWEEN A25
	252	+	CHILD OR YOUTH AND THE CHILD'S OR YOUTH'S PARENT OR SIBLING AS A26
	253	+	SANCTION FOR THE CHILD'S OR YOUTH'S BEHAVIOR OR AS AN INCENTIVE TO27
	254	+	1027
	255	+	-7- CHANGE THE CHILD'S OR YOUTH'S BEHAVIOR.1
	256	+	(h) THE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER2
	257	+	A PARENT'S PREFERENCES WHEN DETERMINING SUPERVISION, LOCATION,3
	258	+	AND TIMING OF FAMILY TIME.4
	259	+	(i) THE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER5
	260	+	A CHILD'S OR YOUTH'S PREFERENCES WHEN DETERMINING SUPERVISION,6
	261	+	LOCATION, AND TIMING OF FAMILY.7
	262	+	(3) Absent the issuance of an emergency order, a parent granted8
	263	+	visitation FAMILY TIME is entitled to a hearing prior to an ongoing9
	264	+	reduction in, suspension of, or increase in the level of supervision,10
	265	+	including a change from in-person visitation FAMILY TIME to virtual11
	266	+	visitation FAMILY TIME. If the court issues an emergency order12
	267	+	suspending, reducing, or restricting visitation FAMILY TIME, a parent is13
	268	+	entitled to a hearing within seventy-two hours after the order is issued,14
	269	+	excluding Saturdays, Sundays, and court holidays. The court need not15
	270	+	hold a hearing if there is agreement by the petitioner, guardian ad litem16
	271	+	or counsel for youth, and parent to the reduction, suspension, or increase17
	272	+	in level of supervision of visits FAMILY TIME. Any such agreement must18
	273	+	be reduced to writing and filed with the court. Nothing in this section19
	274	+	prevents the county department from canceling a visit SCHEDULED FAMILY20
	275	+	TIME if the child's health or welfare OR YOUTH'S SAFETY OR MENTAL,21
	276	+	EMOTIONAL, OR PHYSICAL HEALTH would be endangered or if the parent22
	277	+	consents to the cancellation of the visit FAMILY TIME.23
	278	+	(4) Nothing in this section requires or permits a county department24
	279	+	to arrange a visit FAMILY TIME if the visit FAMILY TIME would violate an25
	280	+	existing protection order in any case pending in this state or any other26
	281	+	state. The county department is not required to produce a child
	282	+	OR YOUTH27
	283	+	1027
	284	+	-8- for court-ordered visitation FAMILY TIME if the visitation FAMILY TIME is1
	285	+	made impossible due to the policies of a facility where the parent is2
	286	+	incarcerated or in treatment.3
	287	+	(5) A
	288	+	PERSON'S INCLUSION IN FAMILY TIME DOES NOT CONFER4
	289	+	RIGHTS NOT OTHERWISE GRANTED BY LAW , INCLUDING THE RIGHT TO5
	290	+	APPEAL DENIAL OF PARTICIPATION IN FAMILY TIME .6
	291	+	(6) T
	292	+	HE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE7
	293	+	RULES IN ACCORDANCE WITH THIS SECTION .8
	294	+	SECTION 5. In Colorado Revised Statutes, 19-3-904, add (5) as9
	295	+	follows:10
	296	+	19-3-904. Task force - purposes - issues to study - written11
	297	+	reports. (5) O
	298	+	N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL12
	299	+	COMMISSION AND EVALUATE A STATEWIDE STUDY TO :13
	300	+	(a) I
	301	+	DENTIFY THE CURRENT STRENGTHS AND NEEDS FOR PROVIDING14
	302	+	HIGH-QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;15
	303	+	(b) I
	304	+	DENTIFY NECESSARY MEASURES TO BUILD CAPACITY TO16
	305	+	PROVIDE HIGH- QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE17
	306	+	STATE;18
	307	+	(c) I
	308	+	NVENTORY CURRENT FUNDING SOURCES AND ALLOWABLE19
	309	+	COSTS FOR PROVIDING SUCH SERVICES; AND20
	310	+	(d) M
	311	+	AKE RECOMMENDATIONS REGARDING BEST PRACTICES FOR21
	312	+	FUNDING
	313	+	HIGH-QUALITY PARENTING TIME. THE TASK FORCE SHALL22
	314	+	PROVIDE THE STUDY AND RECOMMENDATIONS OF THE TASK FORCE TO THE23
	315	+	GOVERNOR; THE STATE DEPARTMENT ; THE CHILD WELFARE TRAINING24
	316	+	ACADEMY; THE JOINT BUDGET COMMITTEE ; AND THE HOUSE OF25
	317	+	REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN26
	318	+	SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES27
	319	+	1027
	320	+	-9- COMMITTEE, OR ANY SUCCESSOR COMMITTEES .1
	321	+	SECTION 6. In Colorado Revised Statutes, 19-1-107, amend2
	322	+	(2.5) as follows:3
	323	+	19-1-107. Social study and other reports. (2.5) For purposes of4
	324	+	determining the appropriate treatment plan in connection with the5
	325	+	disposition of a child who is under six years of age at the time a petition6
	326	+	is filed in accordance with section 19-3-501 (2), the report shall include7
	327	+	a list of services available to families that are specific to the needs of the8
	328	+	child and the child's family and that are available in the community where9
	329	+	the family resides. The report shall establish a priority of the services if10
	330	+	multiple services are recommended. The services may include, but are not11
	331	+	limited to, transportation services, visitation FAMILY TIME services,12
	332	+	psychological counseling, drug screening and treatment programs,13
	333	+	marriage and family counseling, parenting classes, housing and day care14
	334	+	assistance, and homemaker services.15
	335	+	SECTION 7. In Colorado Revised Statutes, 19-1-114, amend16
	336	+	(2)(a) and (2)(b) as follows:17
	337	+	19-1-114. Order of protection. (2) The order of protection may18
	338	+	require any such person:19
	339	+	(a) To stay away from a child or his A CHILD'S residence;20
	340	+	(b) To permit a parent to visit a child at stated periods COMPLY21
	341	+	WITH A FAMILY TIME SCHEDULE;22
	342	+	SECTION 8. In Colorado Revised Statutes, 19-1-115, amend (6)23
	343	+	introductory portion, (6)(d), (6.5) introductory portion, and (6.5)(c) as24
	344	+	follows:25
	345	+	19-1-115. Legal custody - guardianship - placement out of the26
	346	+	home - petition for review for need of placement. (6) Any time the27
	347	+	1027
	348	+	-10- court enters an order awarding legal custody of a child OR YOUTH to the1
	349	+	department of human services or to a county department pursuant to the2
	350	+	provisions of this title TITLE 19, even temporarily, said THE order shall3
	351	+	MUST contain specific findings, if warranted by the evidence, as follows:4
	352	+	(d) That procedural safeguards with respect to parental rights have5
	353	+	been applied in connection with the removal of the child
	354	+	OR YOUTH from6
	355	+	the home, a change in the child's
	356	+	OR YOUTH'S placement out of the home,7
	357	+	and any determination affecting parental visitation
	358	+	FAMILY TIME.8
	359	+	(6.5) Any time the court enters an order continuing a child
	360	+	OR9
	361	+	YOUTH in a placement out of the home pursuant to this title, said
	362	+	TITLE 19,10
	363	+	THE order shall MUST contain specific findings, if warranted by the11
	364	+	evidence, as follows:12
	365	+	(c) That procedural safeguards with respect to parental rights have13
	366	+	been applied in connection with the continuation of the child
	367	+	OR YOUTH14
	368	+	in out-of-home placement, a change in the child's
	369	+	OR YOUTH'S placement15
	370	+	out of the home, and any determination affecting parental visitation
	371	+	16
	372	+	FAMILY TIME.17
	373	+	SECTION 9. In Colorado Revised Statutes, 19-1-208, amend (2)18
	374	+	as follows:19
	375	+	19-1-208. Duties of CASA volunteer. (2) Recommendations.20
	376	+	Unless otherwise ordered by the court, the CASA volunteer, with the21
	377	+	support and supervision of the CASA program staff, shall make22
	378	+	recommendations consistent with the best interests of the child
	379	+	OR YOUTH23
	380	+	regarding placement, visitation
	381	+	FAMILY TIME, and appropriate services for24
	382	+	the child
	383	+	OR YOUTH and family and shall prepare a written report to be25
	384	+	distributed to the parties of the action.26
	385	+	SECTION 10. In Colorado Revised Statutes, 19-2.5-305, amend27
	386	+	1027
	387	+	-11- (3)(a)(XI)(C) as follows:1
	388	+	19-2.5-305. Detention and shelter - hearing - time limits -2
	389	+	findings - review - confinement with adult offenders - restrictions.3
	390	+	(3) (a) (XI) If the court orders further detention of a juvenile pursuant to4
	391	+	this section, the order must contain specific findings as follows:5
	392	+	(C) Whether procedural safeguards to preserve parental rights6
	393	+	have been applied in connection with the removal of the juvenile from the7
	394	+	home, any change in the juvenile's placement in a community placement,8
	395	+	or any determination affecting parental visitation FAMILY TIME of the9
	396	+	juvenile.10
	397	+	SECTION 11. In Colorado Revised Statutes, 19-2.5-1116,11
	398	+	amend (4)(a) introductory portion and (4)(a)(VIII) as follows:12
	399	+	19-2.5-1116. Orders - community placement - reasonable13
	400	+	efforts required - reviews. (4) (a) If the juvenile is in the legal custody14
	401	+	of a county department of human or social services and is placed in a15
	402	+	community placement for a period of twelve months or longer, the district16
	403	+	court, another court of competent jurisdiction, or an administrative body17
	404	+	appointed or approved by the court that is not under the county18
	405	+	department's supervision shall conduct a permanency hearing within said19
	406	+	twelve months and every twelve months thereafter for as long as the20
	407	+	juvenile remains in community placement. At the permanency hearing,21
	408	+	the entity conducting the hearing shall determine whether:22
	409	+	(VIII) Procedural safeguards to preserve parental rights have been23
	410	+	applied in connection with the removal of the juvenile from the home, any24
	411	+	change in the juvenile's community placement, or any determination25
	412	+	affecting parental visitation FAMILY TIME.26
	413	+	SECTION 12. In Colorado Revised Statutes, 19-2.5-1518,27
	414	+	1027
	415	+	-12- amend (1)(b)(VIII) as follows:1
	416	+	19-2.5-1518. Commitment to department of human services.2
	417	+	(1) (b) When a juvenile is placed in a community placement for a period3
	418	+	of twelve months or longer, a court of competent jurisdiction or an4
	419	+	administrative body appointed or approved by the court that is not under5
	420	+	the supervision of the department of human services shall conduct a6
	421	+	permanency hearing pursuant to the federal "Social Security Act", 427
	422	+	U.S.C. sec. 675 (5)(C) no later than the twelfth month of the community8
	423	+	placement and at least every twelve months thereafter while the juvenile9
	424	+	remains in a community placement. At the permanency hearing, the entity10
	425	+	conducting the hearing shall determine whether:11
	426	+	(VIII) Procedural safeguards to preserve parental rights have been12
	427	+	applied in connection with the removal of the juvenile from the home, any13
	428	+	change in the juvenile's community placement, or any determination14
	429	+	affecting parental visitation FAMILY TIME.15
	430	+	SECTION 13. In Colorado Revised Statutes, 19-3-208, amend16
	431	+	(2)(b)(IV) as follows:17
	432	+	19-3-208. Services - county required to provide - out-of-home18
	433	+	placement options - rules - definitions. (2) (b) The following services19
	434	+	must be available and provided, as determined necessary and appropriate20
	435	+	by individual case plans:21
	436	+	(IV) Visitation FAMILY TIME services for parents with children or22
	437	+	youth in out-of-home placement;23
	438	+	SECTION 14. In Colorado Revised Statutes, 19-3-210.5, amend24
	439	+	(1)(b) as follows:25
	440	+	19-3-210.5. Foster parents' bill of rights. (1) A foster parent has26
	441	+	the right to:27
	442	+	1027
	443	+	-13- (b) Promote the reasonable and prudent parent standard for the1
	444	+	child or youth and the continuance of positive family patterns and2
	445	+	routines to the extent possible without interfering with court-ordered3
	446	+	visitation FAMILY TIME or services required pursuant to section 19-3-208;4
	447	+	SECTION 15. In Colorado Revised Statutes, 19-3-403, amend5
	448	+	(7) as follows:6
	449	+	19-3-403. Temporary custody - hearing - time limits -7
	450	+	restriction - rules. (7) The court may also issue temporary orders for8
	451	+	legal custody as provided in section 19-1-115. The court shall enter9
	452	+	visitation FAMILY TIME orders consistent with section 19-3-217.10
	453	+	SECTION 16. In Colorado Revised Statutes, 19-3-604, amend11
	454	+	(1)(c) introductory portion, (1)(c)(I) introductory portion, and (1)(c)(I)(A)12
	455	+	as follows:13
	456	+	19-3-604. Criteria for termination. (1) The court may order a14
	457	+	termination of the parent-child legal relationship upon the finding by clear15
	458	+	and convincing evidence of any one of the following:16
	459	+	(c) That the child
	460	+	OR YOUTH is adjudicated dependent or neglected17
	461	+	and all of the following exist:18
	462	+	(I) That an appropriate treatment plan approved by the court has19
	463	+	not been reasonably complied with by the parent or parents or has not20
	464	+	been successful or that the court has previously found, pursuant to section21
	465	+	19-3-508 (1)(e), that an appropriate treatment plan could not be devised.22
	466	+	In a county designated pursuant to section 19-1-123, if a child
	467	+	OR YOUTH23
	468	+	is under six years of age at the time a petition is filed in accordance with24
	469	+	section 19-3-501 (2), no parent or parents shall be found to be
	470	+	THE COURT25
	471	+	SHALL NOT FIND THAT A PARENT IS OR PARENTS ARE in reasonable26
	472	+	compliance with or to have been successful at a court-approved treatment27
	473	+	1027
	474	+	-14- plan when:1
	475	+	(A) The parent has not attended visitations FAMILY TIME with the2
118	476		child
119		-	'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH OR SAFETY.
120		-	(c) (I) T
121		-	HERE IS A PRESUMPTION THAT SUPERVISED FAMILY TIME
122		-	MUST
123		-	:
124		-	(A) B
125		-	E SUPERVISED BY INFORMAL SUPPORTS IDENTIFIED BY THE
126		-	FAMILY WHO VOLUNTEER TO SUPERVISE FAMILY TIME
127		-	, INCLUDING
128		-	RELATIVES
129		-	, OR OTHER PERSONS IDENTIFIED BY THE FAMILY ; AND
130		-	(B) OCCUR IN THE COMMUNITY , A HOMELIKE ENVIRONMENT , OR
131		-	OTHER AGREED
132		-	-UPON LOCATION.
133		-	(II) T
134		-	HE PRESUMPTION DESCRIBED IN SUBSECTION (1.5)(d)(I) OF THIS
135		-	SECTION MAY BE REBUTTED IF THE COURT FINDS THAT THE CHILD
136		-	'S OR
137		-	YOUTH
138		-	'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH REQUIRES
139		-	PROFESSIONAL SUPERVISION OR THAT RELATIVES
140		-	, OR OTHER FAMILY
141		-	SUPPORTS ARE UNAVAILABLE OR UNWILLING TO PROVIDE SUPERVISION
142		-	AFTER THE COUNTY DEPARTMENT HAS EXERCISED DUE DILIGENCE TO
143		-	CONTACT AND ENGAGE THE RELATIVES
144		-	, KIN, OR OTHER FAMILY SUPPORTS.
145		-	N
146		-	OTHING IN THIS SECTION PRECLUDES SUPPLEMENTAL PROFESSIONALLY
147		-	COACHED OR SUPERVISED FAMILY TIME TO IMPROVE PARENTING SKILLS
148		-	.
149		-	(d) T
150		-	HE COURT MAY ONLY RESTRICT OR DENY FAMILY TIME IF IT IS
151		-	NECESSARY TO PROTECT THE CHILD
152		-	'S OR YOUTH'S SAFETY OR MENTAL,
153		-	EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL ORDER FAMILY TIME
154		-	IN THE LEAST RESTRICTIVE SETTING AND SUPERVISION AT THE LEAST
155		-	RESTRICTIVE LEVEL TO SATISFY THE CHILD
156		-	'S OR YOUTH'S SAFETY OR
157		-	MENTAL
158		-	, EMOTIONAL, OR PHYSICAL HEALTH.
159		-	(e) (I) A
160		-	T THE FIRST HEARING THAT OCCURS AFTER THE EMERGENCY
161		-	HEARING REQUIRED PURSUANT TO SECTION
162		-	19-3-403, OR NO LATER THAN
163		-	THIRTY DAYS AFTER THE REMOVAL DATE
164		-	, THE COUNTY DEPARTMENT SHALL
165		-	PROVIDE THE COURT WITH A PROPOSED FAMILY TIME PLAN ON THE RECORD
166		-	,
167		-	INCLUDING:
168		-	(A) F
169		-	REQUENCY AND LENGTH ;
170		-	PAGE 4-HOUSE BILL 23-1027 (B) PERSONS WHO MAY BE PRESENT ;
171		-	(C) W
172		-	HETHER THE FAMILY TIME MUST BE SUPERVISED ; AND
173		-	(D) THE CHILD'S OR YOUTH'S OPPORTUNITY TO COMMUNICATE WITH
174		-	A PARENT
175		-	, SIBLING, OR OTHER RELATIVE.
176		-	(II) F
177		-	OR GOOD CAUSE, OR BY AGREEMENT BY THE PARTIES , THE
178		-	COURT MAY WAIVE THE REQUIREMENT TO PROVIDE OR EXTEND THE TIME FOR
179		-	PROVIDING THE FAMILY TIME PLAN DESCRIBED IN SUBSECTION
180		-	(1.5)(f)(I) OF
181		-	THIS SECTION
182		-	. A LACK OF STAFF OR FINANCIAL RESOURCES IS NOT GOOD
183		-	CAUSE
184		-	. ANY SUBSEQUENT WRITTEN FAMILY SERVICES PLAN SUBMITTED TO
185		-	THE COURT PURSUANT TO SECTION
186		-	19-3-507 OR 19-3-702 MUST INCLUDE AN
187		-	UPDATE ON PARTICIPATION IN AND PROVISION OF FAMILY TIME AND
188		-	BARRIERS TO EXPANDING FAMILY TIME
189		-	.
190		-	(f) T
191		-	HE COURT OR THE COUNTY DEPARTMENT SHALL NOT LIMIT
192		-	FAMILY TIME AS A SANCTION FOR A PARENT
193		-	'S FAILURE TO COMPLY WITH
194		-	COURT ORDERS OR SERVICES IF THE CHILD
195		-	'S OR YOUTH'S SAFETY OR MENTAL,
196		-	EMOTIONAL, OR PHYSICAL HEALTH IS NOT AT RISK AS A RESULT OF THE
197		-	FAMILY TIME
198		-	.
199		-	(g) T
200		-	HE COURT, THE COUNTY DEPARTMENT, THE PARENT, OR OTHER
201		-	SUPPORT SHALL NOT LIMIT FAMILY TIME OR CONTACT BETWEEN A CHILD OR
202		-	YOUTH AND THE CHILD
203		-	'S OR YOUTH'S PARENT OR SIBLING AS A SANCTION FOR
204		-	THE CHILD
205		-	'S OR YOUTH'S BEHAVIOR OR AS AN INCENTIVE TO CHANGE THE
206		-	CHILD
207		-	'S OR YOUTH'S BEHAVIOR.
208		-	(h) T
209		-	HE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER A
210		-	PARENT
211		-	'S PREFERENCES WHEN DETERMINING SUPERVISION , LOCATION, AND
212		-	TIMING OF FAMILY TIME
213		-	.
214		-	(i) T
215		-	HE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER A
216		-	CHILD
217		-	'S OR YOUTH'S PREFERENCES WHEN DETERMINING SUPERVISION ,
218		-	LOCATION, AND TIMING OF FAMILY TIME.
219		-	(3) Absent the issuance of an emergency order, a parent granted
220		-	visitation
221		-	FAMILY TIME is entitled to a hearing prior to an ongoing reduction
222		-	in, suspension of, or increase in the level of supervision, including a change
223		-	from in-person visitation
224		-	FAMILY TIME to virtual visitation FAMILY TIME. If
225		-	PAGE 5-HOUSE BILL 23-1027 the court issues an emergency order suspending, reducing, or restricting
226		-	visitation FAMILY TIME, a parent is entitled to a hearing within seventy-two
227		-	hours after the order is issued, excluding Saturdays, Sundays, and court
228		-	holidays. The court need not hold a hearing if there is agreement by the
229		-	petitioner, guardian ad litem or counsel for youth, and parent to the
230		-	reduction, suspension, or increase in level of supervision of visits
231		-	FAMILY
232		-	TIME
233		-	. Any such agreement must be reduced to writing and filed with the
234		-	court. Nothing in this section prevents the county department from
235		-	canceling a visit
236		-	SCHEDULED FAMILY TIME if the child's health or welfare OR
237		-	YOUTH
238		-	'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH would be
239		-	endangered or if the parent consents to the cancellation of the visit
240		-	FAMILY
241		-	TIME
242		-	.
243		-	(4) Nothing in this section requires or permits a county department
244		-	to arrange a visit
245		-	FAMILY TIME if the visit FAMILY TIME would violate an
246		-	existing protection order in any case pending in this state or any other state.
247		-	The county department is not required to produce a child
248		-	OR YOUTH for
249		-	court-ordered visitation FAMILY TIME if the visitation FAMILY TIME is made
250		-	impossible due to the policies of a facility where the parent is incarcerated
251		-	or in treatment.
252		-	(5) A
253		-	PERSON'S INCLUSION IN FAMILY TIME DOES NOT CONFER RIGHTS
254		-	NOT OTHERWISE GRANTED BY LAW
255		-	, INCLUDING THE RIGHT TO APPEAL DENIAL
256		-	OF PARTICIPATION IN FAMILY TIME
257		-	.
258		-	(6) T
259		-	HE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE
260		-	RULES IN ACCORDANCE WITH THIS SECTION
261		-	.
262		-	SECTION 5. In Colorado Revised Statutes, 19-3-904, add (5) as
263		-	follows:
264		-	19-3-904. Task force - purposes - issues to study - written
265		-	reports. (5) O
266		-	N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL
267		-	COMMISSION AND EVALUATE A STATEWIDE STUDY TO
268		-	:
269		-	(a) I
270		-	DENTIFY THE CURRENT STRENGTHS AND NEEDS FOR PROVIDING
271		-	HIGH
272		-	-QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;
273		-	(b) I
274		-	DENTIFY NECESSARY MEASURES TO BUILD CAPACITY TO PROVIDE
275		-	HIGH
276		-	- QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;
277		-	PAGE 6-HOUSE BILL 23-1027 (c) INVENTORY CURRENT FUNDING SOURCES AND ALLOWABLE COSTS
278		-	FOR PROVIDING SUCH SERVICES
279		-	; AND
280		-	(d) MAKE RECOMMENDATIONS REGARDING BEST PRACTICES FOR
281		-	FUNDING HIGH
282		-	-QUALITY PARENTING TIME. THE TASK FORCE SHALL PROVIDE
283		-	THE STUDY AND RECOMMENDATIONS OF THE TASK FORCE TO THE GOVERNOR
284		-	;
285		-	THE STATE DEPARTMENT ; THE CHILD WELFARE TRAINING ACADEMY ; THE
286		-	JOINT BUDGET COMMITTEE
287		-	; AND THE HOUSE OF REPRESENTATIVES PUBLIC
288		-	AND BEHAVIORAL HEALTH AND HUM AN SERVICES COMMITTEE AND THE
289		-	SENATE HEALTH AND HUMAN SERVICES COMMITTEE
290		-	, OR ANY SUCCESSOR
291		-	COMMITTEES
292		-	.
293		-	SECTION 6. In Colorado Revised Statutes, 19-1-107, amend (2.5)
294		-	as follows:
295		-	19-1-107. Social study and other reports. (2.5) For purposes of
296		-	determining the appropriate treatment plan in connection with the
297		-	disposition of a child who is under six years of age at the time a petition is
298		-	filed in accordance with section 19-3-501 (2), the report shall include a list
299		-	of services available to families that are specific to the needs of the child
300		-	and the child's family and that are available in the community where the
301		-	family resides. The report shall establish a priority of the services if multiple
302		-	services are recommended. The services may include, but are not limited to,
303		-	transportation services, visitation
304		-	FAMILY TIME services, psychological
305		-	counseling, drug screening and treatment programs, marriage and family
306		-	counseling, parenting classes, housing and day care assistance, and
307		-	homemaker services.
308		-	SECTION 7. In Colorado Revised Statutes, 19-1-114, amend (2)(a)
309		-	and (2)(b) as follows:
310		-	19-1-114. Order of protection. (2) The order of protection may
311		-	require any such person:
312		-	(a) To stay away from a child or his
313		-	A CHILD'S residence;
314		-	(b) To permit a parent to visit a child at stated periods COMPLY WITH
315		-	A FAMILY TIME SCHEDULE
316		-	;
317		-	SECTION 8. In Colorado Revised Statutes, 19-1-115, amend (6)
318		-	PAGE 7-HOUSE BILL 23-1027 introductory portion, (6)(d), (6.5) introductory portion, and (6.5)(c) as
319		-	follows:
320		-	19-1-115. Legal custody - guardianship - placement out of the
321		-	home - petition for review for need of placement. (6) Any time the court
322		-	enters an order awarding legal custody of a child
323		-	OR YOUTH to the
324		-	department of human services or to a county department pursuant to the
325		-	provisions of this title
326		-	TITLE 19, even temporarily, said THE order shall MUST
327		-	contain specific findings, if warranted by the evidence, as follows:
328		-	(d) That procedural safeguards with respect to parental rights have
329		-	been applied in connection with the removal of the child
330		-	OR YOUTH from the
331		-	home, a change in the child's
332		-	OR YOUTH'S placement out of the home, and
333		-	any determination affecting parental visitation
334		-	FAMILY TIME.
335		-	(6.5) Any time the court enters an order continuing a child
336		-	OR
337		-	YOUTH
338		-	in a placement out of the home pursuant to this title, said
339		-	TITLE 19,
340		-	THE order shall MUST contain specific findings, if warranted by the
341		-	evidence, as follows:
342		-	(c) That procedural safeguards with respect to parental rights have
343		-	been applied in connection with the continuation of the child
344		-	OR YOUTH in
345		-	out-of-home placement, a change in the child's
346		-	OR YOUTH'S placement out
347		-	of the home, and any determination affecting parental visitation
348		-	FAMILY
349		-	TIME
350		-	.
351		-	SECTION 9. In Colorado Revised Statutes, 19-1-208, amend (2)
352		-	as follows:
353		-	19-1-208. Duties of CASA volunteer. (2) Recommendations.
354		-	Unless otherwise ordered by the court, the CASA volunteer, with the
355		-	support and supervision of the CASA program staff, shall make
356		-	recommendations consistent with the best interests of the child
357		-	OR YOUTH
358		-	regarding placement, visitation
359		-	FAMILY TIME, and appropriate services for
360		-	the child
361		-	OR YOUTH and family and shall prepare a written report to be
362		-	distributed to the parties of the action.
363		-	SECTION 10. In Colorado Revised Statutes, 19-2.5-305, amend
364		-	(3)(a)(XI)(C) as follows:
365		-	PAGE 8-HOUSE BILL 23-1027 19-2.5-305. Detention and shelter - hearing - time limits -
366		-	findings - review - confinement with adult offenders - restrictions.
367		-	(3) (a) (XI) If the court orders further detention of a juvenile pursuant to
368		-	this section, the order must contain specific findings as follows:
369		-	(C) Whether procedural safeguards to preserve parental rights have
370		-	been applied in connection with the removal of the juvenile from the home,
371		-	any change in the juvenile's placement in a community placement, or any
372		-	determination affecting parental visitation
373		-	FAMILY TIME of the juvenile.
374		-	SECTION 11. In Colorado Revised Statutes, 19-2.5-1116, amend
375		-	(4)(a) introductory portion and (4)(a)(VIII) as follows:
376		-	19-2.5-1116. Orders - community placement - reasonable efforts
377		-	required - reviews. (4) (a) If the juvenile is in the legal custody of a
378		-	county department of human or social services and is placed in a community
379		-	placement for a period of twelve months or longer, the district court,
380		-	another court of competent jurisdiction, or an administrative body appointed
381		-	or approved by the court that is not under the county department's
382		-	supervision shall conduct a permanency hearing within said
383		-	twelve months
384		-	and every twelve months thereafter for as long as the juvenile remains in
385		-	community placement. At the permanency hearing, the entity conducting the
386		-	hearing shall determine whether:
387		-	(VIII) Procedural safeguards to preserve parental rights have been
388		-	applied in connection with the removal of the juvenile from the home, any
389		-	change in the juvenile's community placement, or any determination
390		-	affecting parental visitation
391		-	FAMILY TIME.
392		-	SECTION 12. In Colorado Revised Statutes, 19-2.5-1518, amend
393		-	(1)(b)(VIII) as follows:
394		-	19-2.5-1518. Commitment to department of human services.
395		-	(1) (b) When a juvenile is placed in a community placement for a period of
396		-	twelve months or longer, a court of competent jurisdiction or an
397		-	administrative body appointed or approved by the court that is not under the
398		-	supervision of the department of human services shall conduct a
399		-	permanency hearing pursuant to the federal "Social Security Act", 42 U.S.C.
400		-	sec. 675 (5)(C) no later than the twelfth month of the community placement
401		-	and at least every twelve months thereafter while the juvenile remains in a
402		-	PAGE 9-HOUSE BILL 23-1027 community placement. At the permanency hearing, the entity conducting the
403		-	hearing shall determine whether:
404		-	(VIII) Procedural safeguards to preserve parental rights have been
405		-	applied in connection with the removal of the juvenile from the home, any
406		-	change in the juvenile's community placement, or any determination
407		-	affecting parental visitation
408		-	FAMILY TIME.
409		-	SECTION 13. In Colorado Revised Statutes, 19-3-208, amend
410		-	(2)(b)(IV) as follows:
411		-	19-3-208. Services - county required to provide - out-of-home
412		-	placement options - rules - definitions. (2) (b) The following services
413		-	must be available and provided, as determined necessary and appropriate by
414		-	individual case plans:
415		-	(IV) Visitation
416		-	FAMILY TIME services for parents with children or
417		-	youth in out-of-home placement;
418		-	SECTION 14. In Colorado Revised Statutes, 19-3-210.5, amend
419		-	(1)(b) as follows:
420		-	19-3-210.5. Foster parents' bill of rights. (1) A foster parent has
421		-	the right to:
422		-	(b) Promote the reasonable and prudent parent standard for the child
423		-	or youth and the continuance of positive family patterns and routines to the
424		-	extent possible without interfering with court-ordered visitation
425		-	FAMILY
426		-	TIME
427		-	or services required pursuant to section 19-3-208;
428		-	SECTION 15. In Colorado Revised Statutes, 19-3-403, amend (7)
429		-	as follows:
430		-	19-3-403. Temporary custody - hearing - time limits - restriction
431		-	- rules. (7) The court may also issue temporary orders for legal custody as
432		-	provided in section 19-1-115. The court shall enter visitation
433		-	FAMILY TIME
434		-	orders consistent with section 19-3-217.
435		-	SECTION 16. In Colorado Revised Statutes, 19-3-604, amend
436		-	(1)(c) introductory portion, (1)(c)(I) introductory portion, and (1)(c)(I)(A)
437		-	PAGE 10-HOUSE BILL 23-1027 as follows:
438		-	19-3-604. Criteria for termination. (1) The court may order a
439		-	termination of the parent-child legal relationship upon the finding by clear
440		-	and convincing evidence of any one of the following:
441		-	(c) That the child
442		-	OR YOUTH is adjudicated dependent or neglected
443		-	and all of the following exist:
444		-	(I) That an appropriate treatment plan approved by the court has not
445		-	been reasonably complied with by the parent or parents or has not been
446		-	successful or that the court has previously found, pursuant to section
447		-	19-3-508 (1)(e), that an appropriate treatment plan could not be devised. In
448		-	a county designated pursuant to section 19-1-123, if a child
449		-	OR YOUTH is
450		-	under six years of age at the time a petition is filed in accordance with
451		-	section 19-3-501 (2), no parent or parents shall be found to be
452		-	THE COURT
453		-	SHALL NOT FIND THAT A PARENT IS OR PARENTS ARE
454		-	in reasonable
455		-	compliance with or to have been successful at a court-approved treatment
456		-	plan when:
457		-	(A) The parent has not attended visitations
458		-	FAMILY TIME with the
459		-	child
460		-	OR YOUTH as set forth in the treatment plan, unless good cause can be
461		-	shown for failing to visit
462		-	ATTEND; or
463		-	SECTION 17. In Colorado Revised Statutes, 19-3-612, amend (10)
464		-	and (11)(a)(II) as follows:
465		-	19-3-612. Reinstatement of the parent-child legal relationship -
466		-	circumstances - petition - hearings - legislative declaration. (10) At the
467		-	conclusion of the initial hearing, the court shall either dismiss the petition
468		-	because the threshold conditions for reinstatement set forth in subsection (9)
469		-	of this section have not been met or enter an order finding that the threshold
470		-	conditions for reinstatement set forth in subsection (9) of this section have
471		-	been met and that it is in the best interests of the child
472		-	OR YOUTH to work
473		-	toward reinstatement of the parent-child legal relationship. If the court finds
474		-	that it is in the best interests of the child
475		-	OR YOUTH to pursue reinstatement
476		-	of the parent-child legal relationship, the court must approve a transition
477		-	plan developed by the county department and designed for reinstatement of
478		-	the parent-child legal relationship, including visitation
479		-	FAMILY TIME or
	477	+	OR YOUTH as set forth in the treatment plan, unless good cause can3
	478	+	be shown for failing to visit
	479	+	ATTEND; or4
	480	+	SECTION 17. In Colorado Revised Statutes, 19-3-612, amend5
	481	+	(10) and (11)(a)(II) as follows:6
	482	+	19-3-612. Reinstatement of the parent-child legal relationship7
	483	+	- circumstances - petition - hearings - legislative declaration. (10) At8
	484	+	the conclusion of the initial hearing, the court shall either dismiss the9
	485	+	petition because the threshold conditions for reinstatement set forth in10
	486	+	subsection (9) of this section have not been met or enter an order finding11
	487	+	that the threshold conditions for reinstatement set forth in subsection (9)12
	488	+	of this section have been met and that it is in the best interests of the child13
	489	+	OR YOUTH to work toward reinstatement of the parent-child legal14
	490	+	relationship. If the court finds that it is in the best interests of the child
	491	+	OR15
	492	+	YOUTH to pursue reinstatement of the parent-child legal relationship, the16
	493	+	court must approve a transition plan developed by the county department17
	494	+	and designed for reinstatement of the parent-child legal relationship,18
	495	+	including visitation
	496	+	FAMILY TIME or placement of the child OR YOUTH19
	497	+	with the former parent for a designated trial period of up to six months,20
	498	+	during which time legal custody of the child
	499	+	OR YOUTH remains with the21
	500	+	county department. As part of the transition plan, the county department22
	501	+	shall provide transition services, as needed. The county department shall23
	502	+	assess the visitation
	503	+	FAMILY TIME or temporary placement of the child OR24
	504	+	YOUTH with the former parent and prepare a report about the success of25
	505	+	the visitation FAMILY TIME or temporary placement. The county26
	506	+	department shall submit the report to the court, the former parent, and the27
	507	+	1027
	508	+	-15- guardian ad litem not later than thirty days prior to the expiration of the1
	509	+	designated trial period. The county department may stop the visitation2
	510	+	FAMILY TIME or remove the child OR YOUTH from placement with the3
	511	+	former parent at any time, in accordance with the procedures outlined in4
	512	+	sections 19-3-401 and 19-3-403, if it deems that the child
	513	+	OR YOUTH is5
	514	+	not safe or that it is no longer in the best interests of the child
	515	+	OR YOUTH6
	516	+	for the child
	517	+	OR YOUTH to remain with the former parent.7
	518	+	(11) (a) The court shall schedule a final hearing prior to the8
	519	+	expiration of the designated trial period. At the final hearing, the court9
	520	+	shall consider the following:10
	521	+	(II) Whether the trial period of visitation
	522	+	FAMILY TIME or11
480	523		placement of the child
481		-	OR YOUTH with the former parent for a designated
482		-	PAGE 11-HOUSE BILL 23-1027 trial period of up to six months, during which time legal custody of the child
483		-	OR YOUTH remains with the county department. As part of the transition
484		-	plan, the county department shall provide transition services, as needed. The
485		-	county department shall assess the visitation
486		-	FAMILY TIME or temporary
487		-	placement of the child
488		-	OR YOUTH with the former parent and prepare a
489		-	report about the success of the visitation
490		-	FAMILY TIME or temporary
491		-	placement. The county department shall submit the report to the court, the
492		-	former parent, and the guardian ad litem not later than thirty days prior to
493		-	the expiration of the designated trial period. The county department may
494		-	stop the visitation
495		-	FAMILY TIME or remove the child OR YOUTH from
496		-	placement with the former parent at any time, in accordance with the
497		-	procedures outlined in sections 19-3-401 and 19-3-403, if it deems that the
498		-	child
499		-	OR YOUTH is not safe or that it is no longer in the best interests of the
500		-	child
501		-	OR YOUTH for the child OR YOUTH to remain with the former parent.
502		-	(11) (a) The court shall schedule a final hearing prior to the
503		-	expiration of the designated trial period. At the final hearing, the court shall
504		-	consider the following:
505		-	(II) Whether the trial period of visitation
506		-	FAMILY TIME or placement
507		-	of the child
508		-	OR YOUTH with the former parent was successful;
509		-	SECTION 18. In Colorado Revised Statutes, 19-3-702, amend
510		-	(1)(a) and (3)(a) as follows:
511		-	19-3-702. Permanency hearing. (1) (a) In order to provide stable,
512		-	permanent homes for every child or youth placed out of the home, in as
513		-	short a time as possible, a court shall conduct a permanency planning
514		-	hearing. The court shall hold the permanency planning hearing as soon as
515		-	possible following the initial hearing held pursuant to a proceeding pursuant
516		-	to part 3 of article 7 of this title 19 or the initial dispositional hearing
517		-	pursuant to this article 3; except that the permanency planning hearing must
518		-	be held no later than ninety-one days after the initial decree of disposition.
519		-	After the initial permanency planning hearing, the court shall hold
520		-	additional hearings at least every six months while the case remains open
521		-	or more often in the discretion of the court, or upon the motion of any party.
522		-	T
523		-	HE INITIAL PERMANENCY HEARING MUST BE HELD WITHIN TWELVE MONTHS
524		-	AFTER THE CHILD OR YOUTH ENTERS FOSTER CARE
525		-	, EVEN WHEN A
526		-	DISPOSITIONAL DECREE HAS NOT YET BEEN ENTERED
527		-	. When possible, the
528		-	permanency planning hearing must be combined with the in-person
529		-	PAGE 12-HOUSE BILL 23-1027 six-month review as provided for in section 19-1-115 (4)(c), subsection
530		-	(6)(a) of this section, or section 19-7-312. The court shall hold all
531		-	permanency planning hearings in person, provide proper notice to all
532		-	parties, and provide all parties the opportunity to be heard. The court shall
533		-	consult with the child or youth in a developmentally appropriate manner
534		-	regarding the child's or youth's permanency goal.
535		-	(3) At any permanency planning hearing, the court shall first
536		-	determine if the child or youth should be returned to the child's or youth's
537		-	parent, named guardian, or legal custodian and, if applicable, the date on
538		-	which the child or youth must be returned. If the child or youth cannot be
539		-	returned home, the court shall also determine whether reasonable efforts
540		-	have been made to find a safe and stable permanent home for the child or
541		-	youth. The court shall not delay permanency planning by considering the
542		-	placement of children or youth together as a sibling group. At any
543		-	permanency planning hearing, the court shall make the following
544		-	determinations, when applicable:
545		-	(a) Whether procedural safeguards to preserve parental rights have
546		-	been applied in connection with any change in the child's or youth's
547		-	placement or any determination affecting parental visitation
548		-	FAMILY TIME
549		-	of the child or youth;
550		-	SECTION 19. In Colorado Revised Statutes, 19-3-903, amend (1)
551		-	as follows:
552		-	19-3-903. Task force on high-quality parenting time - creation
553		-	- steering committee - membership. (1) There is created in the state
554		-	department OFFICE OF RESPONDENT PARENTS' COUNSEL CREATED IN SECTION
555		-	13-92-103 the task force on high-quality parenting time, for the purpose of
556		-	studying the issues set forth in section 19-3-904 and making findings and
557		-	recommendations to the governor, the state department; the child welfare
558		-	training academy, and the general assembly on administrative and
559		-	legislative changes to improve high-quality parenting time services and
560		-	practices in dependency and neglect cases.
561		-	SECTION 20. In Colorado Revised Statutes,19-3-904, amend
562		-	(1)(c), (1)(d), and (2)(a) as follows:
563		-	19-3-904. Task force - purposes - issues to study - written
564		-	PAGE 13-HOUSE BILL 23-1027 reports. (1) The purpose of the task force is to:
565		-	(c) Study best practices for judicial review of visitation FAMILY TIME
566		-	and parenting time plans;
567		-	(d) Evaluate the rights and remedies for parents and children or
568		-	youth pertaining to parenting time, including sibling visitation FAMILY TIME;
569		-	(2) In carrying out the purposes set forth in subsection (1) of this
570		-	section, the task force shall consider:
571		-	(a) The United States constitution and state constitution, case law,
572		-	statutes, rules, practices, and standards that govern family parenting time or
573		-	visitation
574		-	FAMILY TIME in Colorado;
575		-	SECTION 21. In Colorado Revised Statutes, amend 19-3-905 as
576		-	follows:
577		-	19-3-905. Repeal of part. This part 9 is repealed, effective July 1,
578		-	2023 2025.
579		-	SECTION 22. In Colorado Revised Statutes,19-5-105, amend
580		-	(3.4)(c) as follows:
581		-	19-5-105. Proceeding to terminate parent-child legal
	524	+	OR YOUTH with the former parent was successful;12
	525	+	SECTION 18. In Colorado Revised Statutes, 19-3-702, amend13
	526	+	(1)(a) and (3)(a) as follows:14
	527	+	19-3-702. Permanency hearing. (1) (a) In order to provide15
	528	+	stable, permanent homes for every child or youth placed out of the home,16
	529	+	in as short a time as possible, a court shall conduct a permanency17
	530	+	planning hearing. The court shall hold the permanency planning hearing18
	531	+	as soon as possible following the initial hearing held pursuant to a19
	532	+	proceeding pursuant to part 3 of article 7 of this title 19 or the initial20
	533	+	dispositional hearing pursuant to this article 3; except that the21
	534	+	permanency planning hearing must be held no later than ninety-one days22
	535	+	after the initial decree of disposition. After the initial permanency23
	536	+	planning hearing, the court shall hold additional hearings at least every24
	537	+	six months while the case remains open or more often in the discretion of25
	538	+	the court, or upon the motion of any party. T
	539	+	HE INITIAL PERMANENCY26
	540	+	HEARING MUST BE HELD WITHIN TWELVE MONTHS AFTER THE CHILD OR27
	541	+	1027
	542	+	-16- YOUTH ENTERS FOSTER CARE, EVEN WHEN A DISPOSITIONAL DECREE HAS1
	543	+	NOT YET BEEN ENTERED . When possible, the permanency planning2
	544	+	hearing must be combined with the in-person six-month review as3
	545	+	provided for in section 19-1-115 (4)(c), subsection (6)(a) of this section,4
	546	+	or section 19-7-312. The court shall hold all permanency planning5
	547	+	hearings in person, provide proper notice to all parties, and provide all6
	548	+	parties the opportunity to be heard. The court shall consult with the child7
	549	+	or youth in a developmentally appropriate manner regarding the child's or8
	550	+	youth's permanency goal.9
	551	+	(3) At any permanency planning hearing, the court shall first10
	552	+	determine if the child or youth should be returned to the child's or youth's11
	553	+	parent, named guardian, or legal custodian and, if applicable, the date on12
	554	+	which the child or youth must be returned. If the child or youth cannot be13
	555	+	returned home, the court shall also determine whether reasonable efforts14
	556	+	have been made to find a safe and stable permanent home for the child or15
	557	+	youth. The court shall not delay permanency planning by considering the16
	558	+	placement of children or youth together as a sibling group. At any17
	559	+	permanency planning hearing, the court shall make the following18
	560	+	determinations, when applicable:19
	561	+	(a) Whether procedural safeguards to preserve parental rights have20
	562	+	been applied in connection with any change in the child's or youth's21
	563	+	placement or any determination affecting parental visitation FAMILY TIME22
	564	+	of the child or youth;23
	565	+	SECTION 19. In Colorado Revised Statutes, 19-3-903, amend24
	566	+	(1) as follows:25
	567	+	19-3-903. Task force on high-quality parenting time - creation26
	568	+	- steering committee - membership. (1) There is created in the state27
	569	+	1027
	570	+	-17- department OFFICE OF RESPONDENT PARENTS ' COUNSEL CREATED IN1
	571	+	SECTION 13-92-103 the task force on high-quality parenting time, for the2
	572	+	purpose of studying the issues set forth in section 19-3-904 and making3
	573	+	findings and recommendations to the governor, the state department; the4
	574	+	child welfare training academy, and the general assembly on5
	575	+	administrative and legislative changes to improve high-quality parenting6
	576	+	time services and practices in dependency and neglect cases.7
	577	+	SECTION 20. In Colorado Revised Statutes,19-3-904, amend8
	578	+	(1)(c), (1)(d), and (2)(a) as follows:9
	579	+	19-3-904. Task force - purposes - issues to study - written10
	580	+	reports. (1) The purpose of the task force is to:11
	581	+	(c) Study best practices for judicial review of visitation FAMILY12
	582	+	TIME and parenting time plans;13
	583	+	(d) Evaluate the rights and remedies for parents and children or14
	584	+	youth pertaining to parenting time, including sibling visitation FAMILY15
	585	+	TIME;16
	586	+	(2) In carrying out the purposes set forth in subsection (1) of this17
	587	+	section, the task force shall consider:18
	588	+	(a) The United States constitution and state constitution, case law,19
	589	+	statutes, rules, practices, and standards that govern family parenting time20
	590	+	or visitation FAMILY TIME in Colorado;21
	591	+	SECTION 21. In Colorado Revised Statutes, amend 19-3-905 as22
	592	+	follows:23
	593	+	19-3-905. Repeal of part. This part 9 is repealed, effective July24
	594	+	1, 2023 2025.25
	595	+	SECTION 22. In Colorado Revised Statutes,19-5-105, amend26
	596	+	(3.4)(c) as follows:27
	597	+	1027
	598	+	-18- 19-5-105. Proceeding to terminate parent-child legal1
582	599		relationship. (3.4) (c) If the child
583	600		OR YOUTH has been out of his or her
584		-	THE
585		-	birth parents' care for more than one year, irrespective of incidental
586		-	communications or visits from the relinquishing or nonrelinquishing parent,
587		-	there is a rebuttable presumption that the best interests of the child
588		-	OR
589		-	YOUTH
590		-	will be served by granting custody to the person in whose care the
591		-	child
592		-	OR YOUTH has been for that period. Such presumption may be
593		-	overcome by a preponderance of the evidence.
594		-	SECTION 23. In Colorado Revised Statutes, 19-5-208, amend
595		-	(4.5)(b) as follows:
596		-	19-5-208. Petition for adoption - open adoption - post-adoption
597		-	contact agreement. (4.5) (b) Only the petitioner may request a
	601	+	2
	602	+	THE birth parents' care for more than one year, irrespective of incidental3
	603	+	communications or visits from the relinquishing or nonrelinquishing4
	604	+	parent, there is a rebuttable presumption that the best interests of the child5
	605	+	OR YOUTH will be served by granting custody to the person in whose care6
	606	+	the child
	607	+	OR YOUTH has been for that period. Such presumption may be7
	608	+	overcome by a preponderance of the evidence.8
	609	+	SECTION 23. In Colorado Revised Statutes, 19-5-208, amend9
	610	+	(4.5)(b) as follows:10
	611	+	19-5-208. Petition for adoption - open adoption - post-adoption11
	612	+	contact agreement. (4.5) (b) Only the petitioner may request a12
598	613		post-adoption contact agreement for contact between a child
599		-	OR YOUTH and
600		-	the birth parent or parents; a birth relative, as set forth in section 19-3-605
601		-	PAGE 14-HOUSE BILL 23-1027 (1); or an Indian tribe if the child OR YOUTH is a member of the Indian tribe.
602		-	A post-adoption contact agreement may include provisions for contact,
603		-	visitation
604		-	FAMILY TIME, or the exchange of information, and the grounds, if
605		-	any, on which the adoptive parent may decline to permit visits CONTACTS
606		-	or cease providing contact or information. If a child OR YOUTH is available
607		-	for adoption through an expedited relinquishment pursuant to section
608		-	19-5-103.5, the contact agreement must be limited to contact between the
609		-	child
610		-	OR YOUTH and the birth parents and THE CHILD'S OR YOUTH'S
611		-	biological siblings. of the child.
612		-	SECTION 24. In Colorado Revised Statutes, 19-5-210, amend (7)
613		-	as follows:
614		-	19-5-210. Hearing on petition. (7) In cases involving the adoption
615		-	of a child
616		-	OR YOUTH who is part of a sibling group but who is not being
617		-	adopted with his or her
618		-	THE CHILD'S siblings, in addition to issuing a final
619		-	decree of adoption, if the adoptive parents are willing, the court may
620		-	encourage reasonable visitation
621		-	FAMILY TIME among the siblings when
622		-	visitation FAMILY TIME is in the best interests of the child, YOUTH, or the
623		-	children. The court shall review the record and inquire as to whether the adoptive parents have received counseling regarding children
624		-	OR YOUTH in
625		-	sibling groups maintaining or developing ties with each other.
626		-	SECTION 25. In Colorado Revised Statutes, 19-7-203, amend
627		-	(1)(l) and (1)(m) as follows:
628		-	19-7-203. Foster care sibling rights. (1) Sibling youth in foster
629		-	care, except youth in the custody of the division of youth services created
630		-	pursuant to section 19-2.5-1501 or a state hospital for persons with
631		-	behavioral or mental health disorders, have the following rights, unless they
632		-	are not in the best interests of each sibling, regardless of whether the
633		-	parental rights of one or more of the foster youth's parents have been
634		-	terminated:
635		-	(l) To expect that the youth's guardian ad litem advocate on behalf
	614	+	OR YOUTH13
	615	+	and the birth parent or parents; a birth relative, as set forth in section14
	616	+	19-3-605 (1); or an Indian tribe if the child
	617	+	OR YOUTH is a member of the15
	618	+	Indian tribe. A post-adoption contact agreement may include provisions16
	619	+	for contact, visitation
	620	+	FAMILY TIME, or the exchange of information, and17
	621	+	the grounds, if any, on which the adoptive parent may decline to permit18
	622	+	visits CONTACTS or cease providing contact or information. If a child OR19
	623	+	YOUTH is available for adoption through an expedited relinquishment20
	624	+	pursuant to section 19-5-103.5, the contact agreement must be limited to21
	625	+	contact between the child
	626	+	OR YOUTH and the birth parents and THE CHILD'S22
	627	+	OR YOUTH'S biological siblings. of the child.
	628	+	23
	629	+	SECTION 24. In Colorado Revised Statutes, 19-5-210, amend24
	630	+	(7) as follows:25
	631	+	19-5-210. Hearing on petition. (7) In cases involving the26
	632	+	adoption of a child
	633	+	OR YOUTH who is part of a sibling group but who is27
	634	+	1027
	635	+	-19- not being adopted with his or her THE CHILD'S siblings, in addition to1
	636	+	issuing a final decree of adoption, if the adoptive parents are willing, the2
	637	+	court may encourage reasonable visitation FAMILY TIME among the3
	638	+	siblings when visitation FAMILY TIME is in the best interests of the child,4
	639	+	YOUTH, or the children. The court shall review the record and inquire as5
	640	+	to whether the adoptive parents have received counseling regarding6
	641	+	children
	642	+	OR YOUTH in sibling groups maintaining or developing ties with7
	643	+	each other.8
	644	+	SECTION 25. In Colorado Revised Statutes, 19-7-203, amend9
	645	+	(1)(l) and (1)(m) as follows:10
	646	+	19-7-203. Foster care sibling rights. (1) Sibling youth in foster11
	647	+	care, except youth in the custody of the division of youth services created12
	648	+	pursuant to section 19-2.5-1501 or a state hospital for persons with13
	649	+	behavioral or mental health disorders, have the following rights, unless14
	650	+	they are not in the best interests of each sibling, regardless of whether the15
	651	+	parental rights of one or more of the foster youth's parents have been16
	652	+	terminated:17
	653	+	(l) To expect that the youth's guardian ad litem advocate on behalf18
636	654		of the youth for frequent contact and visits
637		-	FAMILY TIME with siblings,
638		-	unless the guardian ad litem determines through the guardian ad litem's
639		-	independent investigation that the contact is not in the best interests of ~~the~~
640		-	youth;
641		-	~~PAGE 15-HOUSE BILL 23-1027~~ (m) To have contact FAMILY TIME with siblings encouraged in ~~any~~
642		-	adoptive or guardianship placement; ~~and~~
643		-	SECTION 26. In Colorado Revised Statutes, 19-7-204, ~~amend (1),~~
644		-	(2) introductory portion, (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) as
645		-	follows:
646		-	~~19-7-204. Foster care sibling family time - contact plan - rules~~
647		-	~~- definition~~. ~~(1) The department of human services shall provide~~
648		-	~~information on sibling contact in~~ the ~~visitation~~
649		-	FAMILY TIME plan for a
	655	+	FAMILY TIME with siblings,19
	656	+	unless the guardian ad litem determines through the guardian ad litem's20
	657	+	independent investigation that the contact is not in the best interests of the21
	658	+	youth;22
	659	+	(m) To have contact FAMILY TIME with siblings encouraged in any23
	660	+	adoptive or guardianship placement; and24
	661	+	SECTION 26. In Colorado Revised Statutes, 19-7-204, amend25
	662	+	(1), (2) introductory portion, (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) as26
	663	+	follows:27
	664	+	1027
	665	+	-20- 19-7-204. Foster care sibling family time - contact plan - rules1
	666	+	- definition. (1) The department of human services shall provide2
	667	+	information on sibling contact in the visitation FAMILY TIME plan for a3
650	668		youth. In doing so, the
651		-	DEPARTMENT SHALL ASK THE youth shall beconsulted about the youth's wishes as to sibling contact.
652		-	(2) As written in the visitation FAMILY TIME plan, the department of
653		-	human services shall, if it is in the best interests of each sibling:
654		-	(a) Promote frequent contact between siblings in foster care, which
655		-	may include telephone calls, text messages, social media, video calls, and
656		-	in-person visits
657		-	FAMILY TIME;
658		-	(c) Clarify that restriction of sibling visits FAMILY TIME should not
659		-	be a consequence for behavioral problems. Visits FAMILY TIME should only
660		-	be restricted if contrary to the best interests of a sibling.
661		-	(d) Ensure timing and regularly scheduled sibling visits FAMILY
662		-	TIME
663		-	are outlined in case plans based on individual circumstances and needs
664		-	of the youth.
665		-	(3) If a youth in foster care requests an opportunity to visit
666		-	FOR
667		-	FAMILY TIME WITH
668		-	a sibling, the county department that has legal custody
669		-	of the youth shall arrange the visit
670		-	FAMILY TIME within a reasonable amount
671		-	of time and document the visit FAMILY TIME.
672		-	(4) If a youth in foster care requests an opportunity to visit FOR
673		-	FAMILY TIME WITH
674		-	a sibling on a regular basis, the county department that
675		-	has legal custody of the youth shall arrange the visits
676		-	FAMILY TIME and
677		-	ensure that the visits occur FAMILY TIME OCCURS with sufficient frequency
678		-	and duration to promote continuity in the siblings' relationship.
679		-	(5) If, in arranging sibling visits FAMILY TIME pursuant to this
680		-	PAGE 16-HOUSE BILL 23-1027 section, a county department determines that a requested visit FAMILY TIME
681		-	between the siblings would not be in the best interests of one or both of the
682		-	siblings, the county department shall deny the request, document its reasons
683		-	for making the determination, and provide the siblings with an explanation
684		-	for the denial, as permitted under state and federal law. In determining
685		-	whether a
686		-	requested visit FAMILY TIME would be in the best interests of one
687		-	or both of the siblings, the county department shall ascertain DETERMINE
688		-	whether there is pending in any jurisdiction a criminal action in which either of the siblings is either a victim or a witness. If such a criminal action is pending, the county department, before arranging any visit
689		-	FAMILY TIME
690		-	between the siblings, shall consult with the district attorney for the
691		-	jurisdiction in which the criminal action is pending to determine whether
692		-	the requested visit
693		-	FAMILY TIME may have a detrimental effect upon the
694		-	prosecution of the pending criminal action.
695		-	(6) Nothing in this section requires or permits a county department
696		-	to arrange a sibling visit FAMILY TIME if such visit would violate an existing
697		-	protection order in any case pending in this state or any other state.
698		-	SECTION 27. Appropriation. (1) For the 2023-24 state fiscal
699		-	year, $142,000 is appropriated to the judicial department for use by the
700		-	office of the respondent parents' counsel. This appropriation is from the
701		-	general fund. To implement this act, the office may use this appropriation
702		-	for personal services.
703		-	(2) For the 2023-24 state fiscal year, $13,879 is appropriated to the
704		-	department of human services for use by the division of child welfare. This
705		-	appropriation is from the general fund. To implement this act, the division
706		-	may use this appropriation for Colorado TRAILS.
707		-	(3) For the 2023-24 state fiscal year, the general assembly
708		-	anticipates that the department of human services will receive $7,473 in
709		-	federal funds for use by the division of child welfare to implement this act.
710		-	The appropriation in subsection (2) of this section is based on the
711		-	assumption that the department will receive this amount of federal funds,
712		-	which is subject to the "(I)" notation as defined in the annual general
713		-	appropriation act for the same fiscal year.
714		-	SECTION 28. Effective date. This act takes effect upon passage;
715		-	except that section 4 of this act takes effect January 1, 2024.
716		-	PAGE 17-HOUSE BILL 23-1027 SECTION 29. Safety clause. The general assembly hereby finds,
717		-	determines, and declares that this act is necessary for the immediate
718		-	preservation of the public peace, health, or safety.
719		-	____________________________ ____________________________
720		-	Julie McCluskie Steve Fenberg
721		-	SPEAKER OF THE HOUSE PRESIDENT OF
722		-	OF REPRESENTATIVES THE SENATE
723		-	____________________________ ____________________________
724		-	Robin Jones Cindi L. Markwell
725		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
726		-	OF REPRESENTATIVES THE SENATE
727		-	APPROVED________________________________________
728		-	(Date and Time)
729		-	_________________________________________
730		-	Jared S. Polis
731		-	GOVERNOR OF THE STATE OF COLORADO
732		-	PAGE 18-HOUSE BILL 23-1027
	669	+	DEPARTMENT SHALL ASK THE youth shall be
	670	+	4
	671	+	consulted about the youth's wishes as to sibling contact.5
	672	+	(2) As written in the visitation FAMILY TIME plan, the department6
	673	+	of human services shall, if it is in the best interests of each sibling: 7
	674	+	(a) Promote frequent contact between siblings in foster care,8
	675	+	which may include telephone calls, text messages, social media, video9
	676	+	calls, and in-person visits FAMILY TIME;10
	677	+	(c) Clarify that restriction of sibling visits FAMILY TIME should not11
	678	+	be a consequence for behavioral problems. Visits FAMILY TIME should12
	679	+	only be restricted if contrary to the best interests of a sibling.13
	680	+	(d) Ensure timing and regularly scheduled sibling visits FAMILY14
	681	+	TIME are outlined in case plans based on individual circumstances and15
	682	+	needs of the youth.16
	683	+	(3) If a youth in foster care requests an opportunity to visit FOR17
	684	+	FAMILY TIME WITH a sibling, the county department that has legal custody18
	685	+	of the youth shall arrange the visit FAMILY TIME within a reasonable19
	686	+	amount of time and document the visit FAMILY TIME.20
	687	+	(4) If a youth in foster care requests an opportunity to visit FOR21
	688	+	FAMILY TIME WITH a sibling on a regular basis, the county department that22
	689	+	has legal custody of the youth shall arrange the visits FAMILY TIME and23
	690	+	ensure that the visits occur FAMILY TIME OCCURS with sufficient24
	691	+	frequency and duration to promote continuity in the siblings' relationship.25
	692	+	(5) If, in arranging sibling visits FAMILY TIME pursuant to this26
	693	+	section, a county department determines that a requested visit FAMILY27
	694	+	1027
	695	+	-21- TIME between the siblings would not be in the best interests of one or both1
	696	+	of the siblings, the county department shall deny the request, document2
	697	+	its reasons for making the determination, and provide the siblings with an3
	698	+	explanation for the denial, as permitted under state and federal law. In4
	699	+	determining whether a requested visit FAMILY TIME would be in the best5
	700	+	interests of one or both of the siblings, the county department shall6
	701	+	ascertain DETERMINE whether there is pending in any jurisdiction a7
	702	+	criminal action in which either of the siblings is either a victim or a8
	703	+	witness. If such a criminal action is pending, the county department,9
	704	+	before arranging any visit FAMILY TIME between the siblings, shall consult10
	705	+	with the district attorney for the jurisdiction in which the criminal action11
	706	+	is pending to determine whether the requested visit FAMILY TIME may12
	707	+	have a detrimental effect upon the prosecution of the pending criminal13
	708	+	action.14
	709	+	(6) Nothing in this section requires or permits a county department15
	710	+	to arrange a sibling visit FAMILY TIME if such visit would violate an16
	711	+	existing protection order in any case pending in this state or any other17
	712	+	state.18
	713	+	SECTION 27. Appropriation. (1) For the 2023-24 state fiscal19
	714	+	year, $142,000 is appropriated to the judicial department for use by the20
	715	+	office of the respondent parents' counsel. This appropriation is from the 21
	716	+	general fund. To implement this act, the office may use this appropriation22
	717	+	for personal services.23
	718	+	(2) For the 2023-24 state fiscal year, $13,879 is appropriated to24
	719	+	the department of human services for use by the division of child welfare.25
	720	+	This appropriation is from the general fund. To implement this act, the26
	721	+	division may use this appropriation for Colorado trails.27
	722	+	1027
	723	+	-22- (3) For the 2023-24 state fiscal year, the general assembly1
	724	+	anticipates that the department of human services will receive $7,473 in2
	725	+	federal funds for use by the division of child welfare to implement this3
	726	+	act. The appropriation in subsection (2) of this section is based on the4
	727	+	assumption that the department will receive this amount of federal funds,5
	728	+	which is subject to the "(I)" notation as defined in the annual general6
	729	+	appropriation act for the same fiscal year.7
	730	+	SECTION 28. Effective date. This act takes effect upon passage;8
	731	+	except that section 4 of this act takes effect January 1, 2024.9
	732	+	SECTION 29. Safety clause. The general assembly hereby finds,10
	733	+	determines, and declares that this act is necessary for the immediate11
	734	+	preservation of the public peace, health, or safety.12
	735	+	1027
	736	+	-23-