HOUSE BILL 23-1027
BY REPRESENTATIVE(S) Joseph and Weissman, Bradley, English,
Marshall, Velasco, Amabile, Bacon, Bockenfeld, Boesenecker, Brown,
Dickson, Duran, Epps, Froelich, Garcia, Hamrick, Kipp, Lieder, Lindsay,
Lindstedt, Mabrey, Martinez, McLachlan, Michaelson Jenet, Ricks,
Sharbini, Soper, Story, Taggart, Titone, Valdez, Weinberg, Willford,
Woodrow, Young, McCluskie;
also SENATOR(S) Winter F., Marchman, Buckner, Coleman, Cutter,
Exum, Gonzales, Hansen, Hinrichsen, Kolker, Moreno, Priola.
C
ONCERNING FAMILY TIME PROVIDED PURSUANT TO THE CHILDREN 'S CODE,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Family time is essential for healthy child development, especially
for children or youth placed outside of the home. Family time supports
parent-child attachment, reduces a child's sense of abandonment, reduces
traumatic impact of separation and removal, preserves connections with
siblings and extended family, and preserves a sense of family and
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. community belonging. Family time enriches the family, including the child
and the parent. Early, consistent, and frequent family time is crucial for
maintaining parent-child relationships, facilitating safe reunification of
parents and children, and maintaining family connections. Regular,
meaningful family time increases the chance of sustained reunification,
improves emotional well-being, provides opportunities to strengthen
cultural and kinship connections, and enhances personal engagement.
(b) Colorado lacks statewide data on the frequency and duration of
supervised family time as well as the availability of family time services
throughout the state. Counties do not have a consistent funding mechanism
for the provision of family time services, even though these services are
required by law, are essential to the successful reunification of families, and
service providers contracted to provide these services often lack sufficient
funding. In addition, transportation and lack of staff present significant
barriers to providing consistent and high-quality supervised family time
services.
(c) For these reasons, it is important to determine how regions of the
state can effectively and efficiently fund high-quality family time services
that reunify families.
(2) Therefore, the general assembly finds it necessary to conduct a
statewide study of best practices and funding models to provide and
increase capacity for high-quality family time services. The general
assembly also adopts the recommendations of the task force on high-quality
family time to modernize language throughout the children's code and
establish clear and consistent standards for family time throughout the state.
SECTION 2. In Colorado Revised Statutes, 19-1-103, add (64.5)
as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(64.5) "F
AMILY TIME" MEANS ANY FORM OF CONTACT OR
ENGAGEMENT BETWEEN PARENTS
, LEGAL CUSTODIANS , GUARDIANS,
SIBLINGS, AND CHILDREN OR YOUTH FOR THE PURPOSES OF PRESERVING AND
STRENGTHENING FAMILY TIES
.
PAGE 2-HOUSE BILL 23-1027 SECTION 3. In Colorado Revised Statutes, 19-3-208, amend
(2)(b)(IV) as follows:
19-3-208. Services - county required to provide - out-of-home
placement options - rules - definitions. (2) (b) The following services
must be available and provided, as determined necessary and appropriate by
individual case plans:
(IV) Visitation
FAMILY TIME services for parents with children or
youth in out-of-home placement;
SECTION 4. In Colorado Revised Statutes, 19-3-217, amend (1),
(3), and (4); and add (1.5), (5), and (6) as follows:
19-3-217. Family time upon removal - rules. (1) At any hearing
held pursuant to section 19-3-403 (2) or (3.5), the court shall enter
temporary orders for reasonable visitation
FAMILY TIME with the child's OR
YOUTH
'S parent that is consistent with the age and developmental needs of
a child
OR YOUTH if the court finds that visitation is in a child's OR YOUTH'S
best interests. The court shall order contact between the parent and child OR
YOUTH
, which contact may include, but is not limited to, telephone, virtual,
or in-person visits, commencing within seventy-two hours after any hearing
pursuant to section 19-3-403 (2) or (3.5), excluding Saturdays, Sundays, and
any court holiday. The court may authorize an extension of time for contact
to commence if the delay is agreed upon by the parent, county department,
and guardian ad litem or if the court finds that a delay in contact is in the
child's
OR YOUTH'S best interests.
(1.5) W
HEN A CHILD OR YOUTH IS PLACED OUT OF THE HOME , THE
FOLLOWING CONSIDERATIONS APPLY WHEN MAKING DECISIONS REGARDING
FAMILY TIME
:
(a) T
HE COUNTY DEPARTMENT SHALL ENCOURAGE THE MAXIMUM
PARENT
, CHILD, AND SIBLING CONTACT POSSIBLE , INCLUDING REGULAR
FAMILY TIME AND PARTICIPATION BY THE PARENTS IN THE CARE OF THE
CHILD OR YOUTH
, WHEN IT IS IN THE BEST INTEREST OF THE CHILD OR YOUTH.
T
HE COUNTY DEPARTMENT SHALL ENCOURAGE PARENTAL ATTE NDANCE AND
PARTICIPATION IN THE CHILD
'S OR YOUTH'S LIFE, SUCH AS SCHOOL ,
EXTRACURRICULAR ACTIVITIES , AND MEDICAL APPOINTMENTS , WHEN IT IS
IN THE BEST INTEREST OF THE CHILD OR YOUTH
.
PAGE 3-HOUSE BILL 23-1027 (b) THE COURT AND THE COUNTY DEPARTMENT MAY RELY ON
INFORMAL RESOURCES SUCH AS COMMUNITY MEMBERS
, RELATIVES, OR KIN
TO PROVIDE TRANSPORTATION AND SUPERVISION FOR FAMILY TIME IF THOSE
RESOURCES ARE AVAILABLE
, APPROPRIATE, AND DO NOT COMPROMISE THE
CHILD
'S OR YOUTH'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH OR SAFETY.
(c) (I) T
HERE IS A PRESUMPTION THAT SUPERVISED FAMILY TIME
MUST
:
(A) B
E SUPERVISED BY INFORMAL SUPPORTS IDENTIFIED BY THE
FAMILY WHO VOLUNTEER TO SUPERVISE FAMILY TIME
, INCLUDING
RELATIVES
, OR OTHER PERSONS IDENTIFIED BY THE FAMILY ; AND
(B) OCCUR IN THE COMMUNITY , A HOMELIKE ENVIRONMENT , OR
OTHER AGREED
-UPON LOCATION.
(II) T
HE PRESUMPTION DESCRIBED IN SUBSECTION (1.5)(d)(I) OF THIS
SECTION MAY BE REBUTTED IF THE COURT FINDS THAT THE CHILD
'S OR
YOUTH
'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH REQUIRES
PROFESSIONAL SUPERVISION OR THAT RELATIVES
, OR OTHER FAMILY
SUPPORTS ARE UNAVAILABLE OR UNWILLING TO PROVIDE SUPERVISION
AFTER THE COUNTY DEPARTMENT HAS EXERCISED DUE DILIGENCE TO
CONTACT AND ENGAGE THE RELATIVES
, KIN, OR OTHER FAMILY SUPPORTS.
N
OTHING IN THIS SECTION PRECLUDES SUPPLEMENTAL PROFESSIONALLY
COACHED OR SUPERVISED FAMILY TIME TO IMPROVE PARENTING SKILLS
.
(d) T
HE COURT MAY ONLY RESTRICT OR DENY FAMILY TIME IF IT IS
NECESSARY TO PROTECT THE CHILD
'S OR YOUTH'S SAFETY OR MENTAL,
EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL ORDER FAMILY TIME
IN THE LEAST RESTRICTIVE SETTING AND SUPERVISION AT THE LEAST
RESTRICTIVE LEVEL TO SATISFY THE CHILD
'S OR YOUTH'S SAFETY OR
MENTAL
, EMOTIONAL, OR PHYSICAL HEALTH.
(e) (I) A
T THE FIRST HEARING THAT OCCURS AFTER THE EMERGENCY
HEARING REQUIRED PURSUANT TO SECTION
19-3-403, OR NO LATER THAN
THIRTY DAYS AFTER THE REMOVAL DATE
, THE COUNTY DEPARTMENT SHALL
PROVIDE THE COURT WITH A PROPOSED FAMILY TIME PLAN ON THE RECORD
,
INCLUDING:
(A) F
REQUENCY AND LENGTH ;
PAGE 4-HOUSE BILL 23-1027 (B) PERSONS WHO MAY BE PRESENT ;
(C) W
HETHER THE FAMILY TIME MUST BE SUPERVISED ; AND
(D) THE CHILD'S OR YOUTH'S OPPORTUNITY TO COMMUNICATE WITH
A PARENT
, SIBLING, OR OTHER RELATIVE.
(II) F
OR GOOD CAUSE, OR BY AGREEMENT BY THE PARTIES , THE
COURT MAY WAIVE THE REQUIREMENT TO PROVIDE OR EXTEND THE TIME FOR
PROVIDING THE FAMILY TIME PLAN DESCRIBED IN SUBSECTION
(1.5)(f)(I) OF
THIS SECTION
. A LACK OF STAFF OR FINANCIAL RESOURCES IS NOT GOOD
CAUSE
. ANY SUBSEQUENT WRITTEN FAMILY SERVICES PLAN SUBMITTED TO
THE COURT PURSUANT TO SECTION
19-3-507 OR 19-3-702 MUST INCLUDE AN
UPDATE ON PARTICIPATION IN AND PROVISION OF FAMILY TIME AND
BARRIERS TO EXPANDING FAMILY TIME
.
(f) T
HE COURT OR THE COUNTY DEPARTMENT SHALL NOT LIMIT
FAMILY TIME AS A SANCTION FOR A PARENT
'S FAILURE TO COMPLY WITH
COURT ORDERS OR SERVICES IF THE CHILD
'S OR YOUTH'S SAFETY OR MENTAL,
EMOTIONAL, OR PHYSICAL HEALTH IS NOT AT RISK AS A RESULT OF THE
FAMILY TIME
.
(g) T
HE COURT, THE COUNTY DEPARTMENT, THE PARENT, OR OTHER
SUPPORT SHALL NOT LIMIT FAMILY TIME OR CONTACT BETWEEN A CHILD OR
YOUTH AND THE CHILD
'S OR YOUTH'S PARENT OR SIBLING AS A SANCTION FOR
THE CHILD
'S OR YOUTH'S BEHAVIOR OR AS AN INCENTIVE TO CHANGE THE
CHILD
'S OR YOUTH'S BEHAVIOR.
(h) T
HE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER A
PARENT
'S PREFERENCES WHEN DETERMINING SUPERVISION , LOCATION, AND
TIMING OF FAMILY TIME
.
(i) T
HE COUNTY DEPARTMENT AND THE COURT SHALL CONSIDER A
CHILD
'S OR YOUTH'S PREFERENCES WHEN DETERMINING SUPERVISION ,
LOCATION, AND TIMING OF FAMILY TIME.
(3) Absent the issuance of an emergency order, a parent granted
visitation
FAMILY TIME is entitled to a hearing prior to an ongoing reduction
in, suspension of, or increase in the level of supervision, including a change
from in-person visitation
FAMILY TIME to virtual visitation FAMILY TIME. If
PAGE 5-HOUSE BILL 23-1027 the court issues an emergency order suspending, reducing, or restricting
visitation FAMILY TIME, a parent is entitled to a hearing within seventy-two
hours after the order is issued, excluding Saturdays, Sundays, and court
holidays. The court need not hold a hearing if there is agreement by the
petitioner, guardian ad litem or counsel for youth, and parent to the
reduction, suspension, or increase in level of supervision of visits
FAMILY
TIME
. Any such agreement must be reduced to writing and filed with the
court. Nothing in this section prevents the county department from
canceling a visit
SCHEDULED FAMILY TIME if the child's health or welfare OR
YOUTH
'S SAFETY OR MENTAL, EMOTIONAL, OR PHYSICAL HEALTH would be
endangered or if the parent consents to the cancellation of the visit
FAMILY
TIME
.
(4) Nothing in this section requires or permits a county department
to arrange a visit
FAMILY TIME if the visit FAMILY TIME would violate an
existing protection order in any case pending in this state or any other state.
The county department is not required to produce a child
OR YOUTH for
court-ordered visitation FAMILY TIME if the visitation FAMILY TIME is made
impossible due to the policies of a facility where the parent is incarcerated
or in treatment.
(5) A
PERSON'S INCLUSION IN FAMILY TIME DOES NOT CONFER RIGHTS
NOT OTHERWISE GRANTED BY LAW
, INCLUDING THE RIGHT TO APPEAL DENIAL
OF PARTICIPATION IN FAMILY TIME
.
(6) T
HE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE
RULES IN ACCORDANCE WITH THIS SECTION
.
SECTION 5. In Colorado Revised Statutes, 19-3-904, add (5) as
follows:
19-3-904. Task force - purposes - issues to study - written
reports. (5) O
N OR BEFORE DECEMBER 1, 2024, THE TASK FORCE SHALL
COMMISSION AND EVALUATE A STATEWIDE STUDY TO
:
(a) I
DENTIFY THE CURRENT STRENGTHS AND NEEDS FOR PROVIDING
HIGH
-QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;
(b) I
DENTIFY NECESSARY MEASURES TO BUILD CAPACITY TO PROVIDE
HIGH
- QUALITY SUPERVISED FAMILY TIME SERVICES ACROSS THE STATE ;
PAGE 6-HOUSE BILL 23-1027 (c) INVENTORY CURRENT FUNDING SOURCES AND ALLOWABLE COSTS
FOR PROVIDING SUCH SERVICES
; AND
(d) MAKE RECOMMENDATIONS REGARDING BEST PRACTICES FOR
FUNDING HIGH
-QUALITY PARENTING TIME. THE TASK FORCE SHALL PROVIDE
THE STUDY AND RECOMMENDATIONS OF THE TASK FORCE TO THE GOVERNOR
;
THE STATE DEPARTMENT ; THE CHILD WELFARE TRAINING ACADEMY ; THE
JOINT BUDGET COMMITTEE
; AND THE HOUSE OF REPRESENTATIVES PUBLIC
AND BEHAVIORAL HEALTH AND HUM AN SERVICES COMMITTEE AND THE
SENATE HEALTH AND HUMAN SERVICES COMMITTEE
, OR ANY SUCCESSOR
COMMITTEES
.
SECTION 6. In Colorado Revised Statutes, 19-1-107, amend (2.5)
as follows:
19-1-107. Social study and other reports. (2.5) For purposes of
determining the appropriate treatment plan in connection with the
disposition of a child who is under six years of age at the time a petition is
filed in accordance with section 19-3-501 (2), the report shall include a list
of services available to families that are specific to the needs of the child
and the child's family and that are available in the community where the
family resides. The report shall establish a priority of the services if multiple
services are recommended. The services may include, but are not limited to,
transportation services, visitation
FAMILY TIME services, psychological
counseling, drug screening and treatment programs, marriage and family
counseling, parenting classes, housing and day care assistance, and
homemaker services.
SECTION 7. In Colorado Revised Statutes, 19-1-114, amend (2)(a)
and (2)(b) as follows:
19-1-114. Order of protection. (2) The order of protection may
require any such person:
(a) To stay away from a child or his
A CHILD'S residence;
(b) To permit a parent to visit a child at stated periods COMPLY WITH
A FAMILY TIME SCHEDULE
;
SECTION 8. In Colorado Revised Statutes, 19-1-115, amend (6)
PAGE 7-HOUSE BILL 23-1027 introductory portion, (6)(d), (6.5) introductory portion, and (6.5)(c) as
follows:
19-1-115. Legal custody - guardianship - placement out of the
home - petition for review for need of placement. (6) Any time the court
enters an order awarding legal custody of a child
OR YOUTH to the
department of human services or to a county department pursuant to the
provisions of this title
TITLE 19, even temporarily, said THE order shall MUST
contain specific findings, if warranted by the evidence, as follows:
(d) That procedural safeguards with respect to parental rights have
been applied in connection with the removal of the child
OR YOUTH from the
home, a change in the child's
OR YOUTH'S placement out of the home, and
any determination affecting parental visitation
FAMILY TIME.
(6.5) Any time the court enters an order continuing a child
OR
YOUTH
in a placement out of the home pursuant to this title, said
TITLE 19,
THE order shall MUST contain specific findings, if warranted by the
evidence, as follows:
(c) That procedural safeguards with respect to parental rights have
been applied in connection with the continuation of the child
OR YOUTH in
out-of-home placement, a change in the child's
OR YOUTH'S placement out
of the home, and any determination affecting parental visitation
FAMILY
TIME
.
SECTION 9. In Colorado Revised Statutes, 19-1-208, amend (2)
as follows:
19-1-208. Duties of CASA volunteer. (2) Recommendations.
Unless otherwise ordered by the court, the CASA volunteer, with the
support and supervision of the CASA program staff, shall make
recommendations consistent with the best interests of the child
OR YOUTH
regarding placement, visitation
FAMILY TIME, and appropriate services for
the child
OR YOUTH and family and shall prepare a written report to be
distributed to the parties of the action.
SECTION 10. In Colorado Revised Statutes, 19-2.5-305, amend
(3)(a)(XI)(C) as follows:
PAGE 8-HOUSE BILL 23-1027 19-2.5-305. Detention and shelter - hearing - time limits -
findings - review - confinement with adult offenders - restrictions.
(3) (a) (XI) If the court orders further detention of a juvenile pursuant to
this section, the order must contain specific findings as follows:
(C) Whether procedural safeguards to preserve parental rights have
been applied in connection with the removal of the juvenile from the home,
any change in the juvenile's placement in a community placement, or any
determination affecting parental visitation
FAMILY TIME of the juvenile.
SECTION 11. In Colorado Revised Statutes, 19-2.5-1116, amend
(4)(a) introductory portion and (4)(a)(VIII) as follows:
19-2.5-1116. Orders - community placement - reasonable efforts
required - reviews. (4) (a) If the juvenile is in the legal custody of a
county department of human or social services and is placed in a community
placement for a period of twelve months or longer, the district court,
another court of competent jurisdiction, or an administrative body appointed
or approved by the court that is not under the county department's
supervision shall conduct a permanency hearing within said
twelve months
and every twelve months thereafter for as long as the juvenile remains in
community placement. At the permanency hearing, the entity conducting the
hearing shall determine whether:
(VIII) Procedural safeguards to preserve parental rights have been
applied in connection with the removal of the juvenile from the home, any
change in the juvenile's community placement, or any determination
affecting parental visitation
FAMILY TIME.
SECTION 12. In Colorado Revised Statutes, 19-2.5-1518, amend
(1)(b)(VIII) as follows:
19-2.5-1518. Commitment to department of human services.
(1) (b) When a juvenile is placed in a community placement for a period of
twelve months or longer, a court of competent jurisdiction or an
administrative body appointed or approved by the court that is not under the
supervision of the department of human services shall conduct a
permanency hearing pursuant to the federal "Social Security Act", 42 U.S.C.
sec. 675 (5)(C) no later than the twelfth month of the community placement
and at least every twelve months thereafter while the juvenile remains in a
PAGE 9-HOUSE BILL 23-1027 community placement. At the permanency hearing, the entity conducting the
hearing shall determine whether:
(VIII) Procedural safeguards to preserve parental rights have been
applied in connection with the removal of the juvenile from the home, any
change in the juvenile's community placement, or any determination
affecting parental visitation
FAMILY TIME.
SECTION 13. In Colorado Revised Statutes, 19-3-208, amend
(2)(b)(IV) as follows:
19-3-208. Services - county required to provide - out-of-home
placement options - rules - definitions. (2) (b) The following services
must be available and provided, as determined necessary and appropriate by
individual case plans:
(IV) Visitation
FAMILY TIME services for parents with children or
youth in out-of-home placement;
SECTION 14. In Colorado Revised Statutes, 19-3-210.5, amend
(1)(b) as follows:
19-3-210.5. Foster parents' bill of rights. (1) A foster parent has
the right to:
(b) Promote the reasonable and prudent parent standard for the child
or youth and the continuance of positive family patterns and routines to the
extent possible without interfering with court-ordered visitation
FAMILY
TIME
or services required pursuant to section 19-3-208;
SECTION 15. In Colorado Revised Statutes, 19-3-403, amend (7)
as follows:
19-3-403. Temporary custody - hearing - time limits - restriction
- rules. (7) The court may also issue temporary orders for legal custody as
provided in section 19-1-115. The court shall enter visitation
FAMILY TIME
orders consistent with section 19-3-217.
SECTION 16. In Colorado Revised Statutes, 19-3-604, amend
(1)(c) introductory portion, (1)(c)(I) introductory portion, and (1)(c)(I)(A)
PAGE 10-HOUSE BILL 23-1027 as follows:
19-3-604. Criteria for termination. (1) The court may order a
termination of the parent-child legal relationship upon the finding by clear
and convincing evidence of any one of the following:
(c) That the child
OR YOUTH is adjudicated dependent or neglected
and all of the following exist:
(I) That an appropriate treatment plan approved by the court has not
been reasonably complied with by the parent or parents or has not been
successful or that the court has previously found, pursuant to section
19-3-508 (1)(e), that an appropriate treatment plan could not be devised. In
a county designated pursuant to section 19-1-123, if a child
OR YOUTH is
under six years of age at the time a petition is filed in accordance with
section 19-3-501 (2), no parent or parents shall be found to be
THE COURT
SHALL NOT FIND THAT A PARENT IS OR PARENTS ARE
in reasonable
compliance with or to have been successful at a court-approved treatment
plan when:
(A) The parent has not attended visitations
FAMILY TIME with the
child
OR YOUTH as set forth in the treatment plan, unless good cause can be
shown for failing to visit
ATTEND; or
SECTION 17. In Colorado Revised Statutes, 19-3-612, amend (10)
and (11)(a)(II) as follows:
19-3-612. Reinstatement of the parent-child legal relationship -
circumstances - petition - hearings - legislative declaration. (10) At the
conclusion of the initial hearing, the court shall either dismiss the petition
because the threshold conditions for reinstatement set forth in subsection (9)
of this section have not been met or enter an order finding that the threshold
conditions for reinstatement set forth in subsection (9) of this section have
been met and that it is in the best interests of the child
OR YOUTH to work
toward reinstatement of the parent-child legal relationship. If the court finds
that it is in the best interests of the child
OR YOUTH to pursue reinstatement
of the parent-child legal relationship, the court must approve a transition
plan developed by the county department and designed for reinstatement of
the parent-child legal relationship, including visitation
FAMILY TIME or
placement of the child
OR YOUTH with the former parent for a designated
PAGE 11-HOUSE BILL 23-1027 trial period of up to six months, during which time legal custody of the child
OR YOUTH remains with the county department. As part of the transition
plan, the county department shall provide transition services, as needed. The
county department shall assess the visitation
FAMILY TIME or temporary
placement of the child
OR YOUTH with the former parent and prepare a
report about the success of the visitation
FAMILY TIME or temporary
placement. The county department shall submit the report to the court, the
former parent, and the guardian ad litem not later than thirty days prior to
the expiration of the designated trial period. The county department may
stop the visitation
FAMILY TIME or remove the child OR YOUTH from
placement with the former parent at any time, in accordance with the
procedures outlined in sections 19-3-401 and 19-3-403, if it deems that the
child
OR YOUTH is not safe or that it is no longer in the best interests of the
child
OR YOUTH for the child OR YOUTH to remain with the former parent.
(11) (a) The court shall schedule a final hearing prior to the
expiration of the designated trial period. At the final hearing, the court shall
consider the following:
(II) Whether the trial period of visitation
FAMILY TIME or placement
of the child
OR YOUTH with the former parent was successful;
SECTION 18. In Colorado Revised Statutes, 19-3-702, amend
(1)(a) and (3)(a) as follows:
19-3-702. Permanency hearing. (1) (a) In order to provide stable,
permanent homes for every child or youth placed out of the home, in as
short a time as possible, a court shall conduct a permanency planning
hearing. The court shall hold the permanency planning hearing as soon as
possible following the initial hearing held pursuant to a proceeding pursuant
to part 3 of article 7 of this title 19 or the initial dispositional hearing
pursuant to this article 3; except that the permanency planning hearing must
be held no later than ninety-one days after the initial decree of disposition.
After the initial permanency planning hearing, the court shall hold
additional hearings at least every six months while the case remains open
or more often in the discretion of the court, or upon the motion of any party.
T
HE INITIAL PERMANENCY HEARING MUST BE HELD WITHIN TWELVE MONTHS
AFTER THE CHILD OR YOUTH ENTERS FOSTER CARE
, EVEN WHEN A
DISPOSITIONAL DECREE HAS NOT YET BEEN ENTERED
. When possible, the
permanency planning hearing must be combined with the in-person
PAGE 12-HOUSE BILL 23-1027 six-month review as provided for in section 19-1-115 (4)(c), subsection
(6)(a) of this section, or section 19-7-312. The court shall hold all
permanency planning hearings in person, provide proper notice to all
parties, and provide all parties the opportunity to be heard. The court shall
consult with the child or youth in a developmentally appropriate manner
regarding the child's or youth's permanency goal.
(3) At any permanency planning hearing, the court shall first
determine if the child or youth should be returned to the child's or youth's
parent, named guardian, or legal custodian and, if applicable, the date on
which the child or youth must be returned. If the child or youth cannot be
returned home, the court shall also determine whether reasonable efforts
have been made to find a safe and stable permanent home for the child or
youth. The court shall not delay permanency planning by considering the
placement of children or youth together as a sibling group. At any
permanency planning hearing, the court shall make the following
determinations, when applicable:
(a) Whether procedural safeguards to preserve parental rights have
been applied in connection with any change in the child's or youth's
placement or any determination affecting parental visitation
FAMILY TIME
of the child or youth;
SECTION 19. In Colorado Revised Statutes, 19-3-903, amend (1)
as follows:
19-3-903. Task force on high-quality parenting time - creation
- steering committee - membership. (1) There is created in the state
department OFFICE OF RESPONDENT PARENTS' COUNSEL CREATED IN SECTION
13-92-103 the task force on high-quality parenting time, for the purpose of
studying the issues set forth in section 19-3-904 and making findings and
recommendations to the governor, the state department; the child welfare
training academy, and the general assembly on administrative and
legislative changes to improve high-quality parenting time services and
practices in dependency and neglect cases.
SECTION 20. In Colorado Revised Statutes,19-3-904, amend
(1)(c), (1)(d), and (2)(a) as follows:
19-3-904. Task force - purposes - issues to study - written
PAGE 13-HOUSE BILL 23-1027 reports. (1) The purpose of the task force is to:
(c) Study best practices for judicial review of visitation FAMILY TIME
and parenting time plans;
(d) Evaluate the rights and remedies for parents and children or
youth pertaining to parenting time, including sibling visitation FAMILY TIME;
(2) In carrying out the purposes set forth in subsection (1) of this
section, the task force shall consider:
(a) The United States constitution and state constitution, case law,
statutes, rules, practices, and standards that govern family parenting time or
visitation
FAMILY TIME in Colorado;
SECTION 21. In Colorado Revised Statutes, amend 19-3-905 as
follows:
19-3-905. Repeal of part. This part 9 is repealed, effective July 1,
2023 2025.
SECTION 22. In Colorado Revised Statutes,19-5-105, amend
(3.4)(c) as follows:
19-5-105. Proceeding to terminate parent-child legal
relationship. (3.4) (c) If the child
OR YOUTH has been out of his or her
THE
birth parents' care for more than one year, irrespective of incidental
communications or visits from the relinquishing or nonrelinquishing parent,
there is a rebuttable presumption that the best interests of the child
OR
YOUTH
will be served by granting custody to the person in whose care the
child
OR YOUTH has been for that period. Such presumption may be
overcome by a preponderance of the evidence.
SECTION 23. In Colorado Revised Statutes, 19-5-208, amend
(4.5)(b) as follows:
19-5-208. Petition for adoption - open adoption - post-adoption
contact agreement. (4.5) (b) Only the petitioner may request a
post-adoption contact agreement for contact between a child
OR YOUTH and
the birth parent or parents; a birth relative, as set forth in section 19-3-605
PAGE 14-HOUSE BILL 23-1027 (1); or an Indian tribe if the child OR YOUTH is a member of the Indian tribe.
A post-adoption contact agreement may include provisions for contact,
visitation
FAMILY TIME, or the exchange of information, and the grounds, if
any, on which the adoptive parent may decline to permit visits CONTACTS
or cease providing contact or information. If a child OR YOUTH is available
for adoption through an expedited relinquishment pursuant to section
19-5-103.5, the contact agreement must be limited to contact between the
child
OR YOUTH and the birth parents and THE CHILD'S OR YOUTH'S
biological siblings. of the child.
SECTION 24. In Colorado Revised Statutes, 19-5-210, amend (7)
as follows:
19-5-210. Hearing on petition. (7) In cases involving the adoption
of a child
OR YOUTH who is part of a sibling group but who is not being
adopted with his or her
THE CHILD'S siblings, in addition to issuing a final
decree of adoption, if the adoptive parents are willing, the court may
encourage reasonable visitation
FAMILY TIME among the siblings when
visitation FAMILY TIME is in the best interests of the child, YOUTH, or the
children. The court shall review the record and inquire as to whether the adoptive parents have received counseling regarding children
OR YOUTH in
sibling groups maintaining or developing ties with each other.
SECTION 25. In Colorado Revised Statutes, 19-7-203, amend
(1)(l) and (1)(m) as follows:
19-7-203. Foster care sibling rights. (1) Sibling youth in foster
care, except youth in the custody of the division of youth services created
pursuant to section 19-2.5-1501 or a state hospital for persons with
behavioral or mental health disorders, have the following rights, unless they
are not in the best interests of each sibling, regardless of whether the
parental rights of one or more of the foster youth's parents have been
terminated:
(l) To expect that the youth's guardian ad litem advocate on behalf
of the youth for frequent contact and visits
FAMILY TIME with siblings,
unless the guardian ad litem determines through the guardian ad litem's
independent investigation that the contact is not in the best interests of the
youth;
PAGE 15-HOUSE BILL 23-1027 (m) To have contact FAMILY TIME with siblings encouraged in any
adoptive or guardianship placement; and
SECTION 26. In Colorado Revised Statutes, 19-7-204, amend (1),
(2) introductory portion, (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) as
follows:
19-7-204. Foster care sibling family time - contact plan - rules
- definition. (1) The department of human services shall provide
information on sibling contact in the visitation
FAMILY TIME plan for a
youth. In doing so, the
DEPARTMENT SHALL ASK THE youth shall beconsulted about the youth's wishes as to sibling contact.
(2) As written in the visitation FAMILY TIME plan, the department of
human services shall, if it is in the best interests of each sibling:
(a) Promote frequent contact between siblings in foster care, which
may include telephone calls, text messages, social media, video calls, and
in-person visits
FAMILY TIME;
(c) Clarify that restriction of sibling visits FAMILY TIME should not
be a consequence for behavioral problems. Visits FAMILY TIME should only
be restricted if contrary to the best interests of a sibling.
(d) Ensure timing and regularly scheduled sibling visits FAMILY
TIME
are outlined in case plans based on individual circumstances and needs
of the youth.
(3) If a youth in foster care requests an opportunity to visit
FOR
FAMILY TIME WITH
a sibling, the county department that has legal custody
of the youth shall arrange the visit
FAMILY TIME within a reasonable amount
of time and document the visit FAMILY TIME.
(4) If a youth in foster care requests an opportunity to visit FOR
FAMILY TIME WITH
a sibling on a regular basis, the county department that
has legal custody of the youth shall arrange the visits
FAMILY TIME and
ensure that the visits occur FAMILY TIME OCCURS with sufficient frequency
and duration to promote continuity in the siblings' relationship.
(5) If, in arranging sibling visits FAMILY TIME pursuant to this
PAGE 16-HOUSE BILL 23-1027 section, a county department determines that a requested visit FAMILY TIME
between the siblings would not be in the best interests of one or both of the
siblings, the county department shall deny the request, document its reasons
for making the determination, and provide the siblings with an explanation
for the denial, as permitted under state and federal law. In determining
whether a
requested visit FAMILY TIME would be in the best interests of one
or both of the siblings, the county department shall ascertain DETERMINE
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
FAMILY TIME
between the siblings, shall consult with the district attorney for the
jurisdiction in which the criminal action is pending to determine whether
the requested visit
FAMILY TIME may have a detrimental effect upon the
prosecution of the pending criminal action.
(6) Nothing in this section requires or permits a county department
to arrange a sibling visit FAMILY TIME if such visit would violate an existing
protection order in any case pending in this state or any other state.
SECTION 27. Appropriation. (1) For the 2023-24 state fiscal
year, $142,000 is appropriated to the judicial department for use by the
office of the respondent parents' counsel. This appropriation is from the
general fund. To implement this act, the office may use this appropriation
for personal services.
(2) For the 2023-24 state fiscal year, $13,879 is appropriated to the
department of human services for use by the division of child welfare. This
appropriation is from the general fund. To implement this act, the division
may use this appropriation for Colorado TRAILS.
(3) For the 2023-24 state fiscal year, the general assembly
anticipates that the department of human services will receive $7,473 in
federal funds for use by the division of child welfare to implement this act.
The appropriation in subsection (2) of this section is based on the
assumption that the department will receive this amount of federal funds,
which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
SECTION 28. Effective date. This act takes effect upon passage;
except that section 4 of this act takes effect January 1, 2024.
PAGE 17-HOUSE BILL 23-1027 SECTION 29. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 18-HOUSE BILL 23-1027