First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0221.02 Jane Ritter x4342
HOUSE BILL 23-1043
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE SAFETY OF CHILDREN AND YOUTH THROUGH101
REQUIRED BACKGROUND CHECKS ON ADULTS WHEN A CHILD OR102
YOUTH IS PLACED OUT OF THE HOME WITH KIN , INCLUDING103
RELATIVES.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill clarifies the procedures for emergency and nonemergency
continuing placement of a child or youth that a county department of
human or social services (county department) or a local law enforcement
HOUSE SPONSORSHIP
Lindsay and Pugliese,
SENATE SPONSORSHIP
Ginal and Rich,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. agency (law enforcement) with custody of the child or youth shall follow
before making the emergency or nonemergency continuing placement of
a child or youth with a relative or kin.
For emergency placements, the county department or law
enforcement shall perform an initial criminal history record check (initial
check) on the relative or kin and any adult who resides at the home
(adults) using Colorado and federal databases. If the initial check reveals
certain criminal convictions, the county department or law enforcement
shall not place the child or youth in that home on an emergency basis. If
the initial check does not reflect certain criminal convictions on the part
of the adults, the child or youth may be placed in the home on an
emergency basis.
If the child or youth has been placed with a relative or kin on an
emergency basis, the adults shall, no more than 5 days after the
placement, submit a complete set of fingerprints to the county department
or another designated third party to conduct a state and national
fingerprint-based criminal history record check. If the results of the
fingerprint-based criminal history record check reveal a felony
conviction, the child or youth must be immediately removed from the
placement unless there is a motion regarding placement pending before
the court. A court may review the placement and affirm or deny
placement of the child or youth with the relative or kin.
The bill sets forth the criminal offenses or other matters that
qualify for the denial of placement of a child or youth with the relative or
kin.
A county department may make a placement with a relative or kin
who would otherwise be disqualified if such placement conforms with
rules promulgated by the state board of human services or if a court
affirms the placement.
The state board of human services is granted authority to
promulgate rules concerning emergency and nonemergency, continuing
placement of children and youth with relatives or kin.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, 19-3-406 as follows:3
19-3-406. Relatives or kin as providers of emergency,4
nonemergency, or continued placement for children or youth - initial5
criminal history record check - fingerprint-based criminal history6
record check - criteria for disqualification - use of criminal justice7
HB23-1043-2- records - rules - definitions. (1) (a) (I) A NY TIME A CHILD OR YOUTH IS1
TAKEN INTO TEMPORARY CUSTODY BY A LAW ENFORCEMENT OFFICER AND2
ANY TIME THE COURT PLACES TEMPORARY CUSTODY OF A CHILD OR YOUTH3
WITH A COUNTY DEPARTMENT , OR THE COUNTY DEPARTMENT HAS THE4
LEGAL AUTHORITY FOR PLACEMENT PURSUANT TO THIS PART 4, AND A5
RELATIVE OR KIN, AS DEFINED IN SECTION 19-1-103, IS IDENTIFIED AS A6
POTENTIAL EMERGENCY PLACEMENT FOR THE CHILD OR YOUTH , THE7
COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT AGENCY SHALL8
IMMEDIATELY CONDUCT AN INITIAL CRIMINAL HISTORY RECORD CHECK OF9
THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR10
TO THE COUNTY DEPARTMENT OR THE LAW ENFORCEMENT OFFICER11
PLACING THE CHILD OR YOUTH IN THE EMERGENCY PLACEMENT .12
(II) A
COUNTY DEPARTMENT MAY PERFORM INITIAL CRIMINAL13
HISTORY RECORD CHECKS THROUGH ITS STAFF OR MAY COLLABORATE14
WITH LOCAL LAW ENFORCEMENT AGENCIES TO PERFORM THE INITIAL15
CRIMINAL HISTORY RECORD CHECKS . WHEN A COUNTY DEPARTMENT HAS16
TEMPORARY CUSTODY OF A CHILD OR YOUTH PURSUANT TO THIS PART 417
AND CONTACTS THE LOCAL LAW ENFORCEMENT AGENCY FOR AN INITIAL18
CRIMINAL HISTORY RECORD CHECK OF THE RELATIVE OR KIN AND ANY19
ADULT WHO RESIDES AT THE HOME PURSUANT TO THIS SECTION , THE20
LOCAL LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY PROVIDE THE21
COUNTY DEPARTMENT WITH A VERBAL RESPONSE REGARDING THE22
RELATIVE'S OR KIN'S AND ANY ADULT WHO RESIDES AT THE HOME 'S23
CRIMINAL HISTORY AND SHALL NOT PROVIDE THE COUNTY DEPARTMENT24
WITH DOCUMENTATION OF THE RELATIVE 'S OR KIN'S AND ANY ADULT WHO25
RESIDES AT THE HOME'S CRIMINAL HISTORY, CONSISTENT WITH FEDERAL26
P
UBLIC LAW 92-544, AND ITS REGULATIONS PROMULGATED , AS AMENDED.27
HB23-1043
-3- (b) THE CHILD OR YOUTH MAY NOT BE PLACED WITH THE RELATIVE1
OR KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED2
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION REFLECTS A CRIMINAL3
HISTORY, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.4
(c) T
HE CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR5
KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK DOES NOT REFLECT6
A CRIMINAL HISTORY, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.7
A
FTER PLACEMENT, THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES8
AT THE HOME WHO ARE NOT DISQUALIFIED BASED UPON THE RESULTS OF9
THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO10
SUBSECTION (1)(a) OF THIS SECTION SHALL COMPLETE A11
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS DESCRIBED IN12
SUBSECTION (2) OF THIS SECTION.13
(2) (a) A
RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE14
HOME WHO ARE NOT DISQUALIFIED AS AN EMERGENCY PLACEMENT FOR A15
CHILD OR YOUTH PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION AND16
WHO ARE AUTHORIZED FOR PLACEMENT OF A CHILD OR YOUTH ON AN17
EMERGENCY BASIS PURSUANT TO THIS PART 4 SHALL SUBMIT A COMPLETE18
SET OF FINGERPRINTS TO THE COUNTY DEPARTMENT OR THROUGH19
ANOTHER DESIGNATED THIRD PARTY APPROVED BY THE COLORADO20
BUREAU OF INVESTIGATION NO LATER THAN FIVE CALENDAR DAYS AFTER21
THE CHILD OR YOUTH IS PLACED IN THE RELATIVE'S OR KIN'S HOME OR NO22
LATER THAN FIFTEEN CALENDAR DAYS WHEN EXIGENT CIRCUMSTANCES23
EXIST. THE COUNTY DEPARTMENT SHALL PERFORM THE24
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK PURSUANT TO25
SUBSECTION (4) OF THIS SECTION.26
(b) I
F THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE27
HB23-1043
-4- HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS , THE COUNTY1
DEPARTMENT OR A LAW ENFORCEMENT OFFICER , AS APPROPRIATE, SHALL2
IMMEDIATELY REMOVE THE CHILD OR YOUTH FROM THE PHYSICAL3
CUSTODY OF THE RELATIVE OR KIN UNLESS THERE IS A MOTION REGARDING4
PLACEMENT PENDING BEFORE THE COURT . THE COUNTY DEPARTMENT5
SHALL CONFIRM WITHIN FIFTEEN CALENDAR DAYS AFTER THE CHILD OR6
YOUTH HAS BEEN PLACED WITH THE RELATIVE OR KIN THAT THE RELATIVE7
OR KIN AND ANY ADULT WHO RESIDES AT THE HOME SUBMI TTED A8
COMPLETE SET OF FINGERPRINTS WITHIN THE TIME PERIOD SPECIFIED BY9
THIS SUBSECTION (2).10
(3) W
HEN PLACING A CHILD OR YOUTH ON A NONEMERGENCY11
BASIS, A COUNTY DEPARTMENT SHALL CONDUCT OR REQUEST THAT A12
LOCAL LAW ENFORCEMENT AGENCY CONDUCT A FINGERPRINT -BASED13
CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY14
ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH15
WITH A RELATIVE OR KIN. WHEN THE CHILD OR YOUTH IS PLACED ON A16
NON-COURT BASIS, THE COUNTY DEPARTMENT HAS TEMPORARY LEGAL17
CUSTODY OR THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR18
YOUTH.19
(4) (a) A
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ,20
AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, MUST BE COMPLETED21
BY LOCAL LAW ENFORCEMENT ; THE COUNTY DEPARTMENT , WHEN THE22
COUNTY DEPARTMENT HAS A FINGERPRINT MACHINE ; OR ANOTHER23
DESIGNATED THIRD PARTY APPROVED BY THE COLORADO BUREAU OF24
INVESTIGATION. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE25
OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION . IF26
AN APPROVED THIRD PARTY TAKES THE FINGERPRINTS , THE FINGERPRINTS27
HB23-1043
-5- MAY BE ELECTRONICALLY CAPTURED USING COLORADO BUREAU OF1
INVESTIGATION-APPROVED LIVESCAN EQUIPMENT. THIRD-PARTY VENDORS2
SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS , UNLESS3
REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO4
RESIDES AT THE HOME.5
(b) W
HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT6
THE HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY7
DEPARTMENT, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD8
THE FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE9
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD10
CHECK. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS ,11
THE COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND12
NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK13
UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND14
THE FEDERAL BUREAU OF INVESTIGATION . THE COLORADO BUREAU OF15
INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE16
STATE AND NATIONAL FINGERPRINT -BASED CRIMINAL HISTORY RECORD17
CHECKS CONDUCTED PURSUANT TO THIS SECTION TO THE AGENCY18
AUTHORIZED TO RECEIVE THE INFORMATION . IF THE FINGERPRINT-BASED19
CRIMINAL HISTORY RECORD CHECK INDICATES THAT THE RELATIVE OR KIN20
AND ANY ADULT WHO RESIDES AT THE HOME HAVE A CRIMINAL HISTORY21
DESCRIBED IN SUBSECTION (5) OF THIS SECTION , THE COUNTY22
DEPARTMENT OR THE LOCAL LAW ENFORCEMENT OFFICER , WHICHEVER IS23
APPROPRIATE, SHALL IMMEDIATELY REMOVE THE CHILD OR YOUTH FROM24
THE PLACEMENT, UNLESS THERE IS A MOTION REGARDING PLACEMENT25
PENDING BEFORE THE COURT, AND SHALL NOT PLACE A CHILD OR YOUTH26
IN THE HOME WHERE A PERSON WITH THE CRIMINAL CONVICTION RESIDES27
HB23-1043
-6- WITHOUT A COURT ORDER AFFIRMING PLACEMENT OF THE CHILD OR YOUTH1
IN THE HOME OR PURSUANT TO STATE BOARD RULES .2
(5) A
COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT3
AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR4
YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR5
MORE OF THE FOLLOWING CONVICTIONS , AS "CONVICTION" IS DEFINED IN6
SUBSECTION (12) OF THIS SECTION:7
(a) F
ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;8
(b) M
URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION9
18-3-102;
MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION10
18-3-103;
MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;11
CRIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION 18-3-105;12
AND VEHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;13
(c) K
IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED14
IN SECTIONS 18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT,15
AS DESCRIBED IN SECTION 18-3-303;16
(d) A
FELONY CRIME OF VIOLENCE E NHANCER , AS DEFINED IN17
SECTION 18-1.3-406 (2)(a)(I);18
(e) A
N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS19
DEFINED IN SECTION 16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF20
A CHILD, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN21
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE ;22
(f) A
FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS23
BEEN FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE ,24
AS DEFINED IN SECTION 18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;25
(g) A
FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN26
SECTION 18-3-202 OR 18-3-203;27
HB23-1043
-7- (h) A FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING1
FIVE YEARS;2
(i) A
PATTERN OF MISDEMEANOR CONVICTIONS , AS DEFINED BY3
RULE OF THE STATE BOARD, WITHIN THE PRECEDING FIVE YEARS; OR4
(j) A
N OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH5
ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE6
OFFENSES DESCRIBED IN SUBSECTIONS (5)(a) TO (5)(i) OF THIS SECTION.7
(6) I
F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT8
BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE9
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT10
WHO RESIDES AT THE HOME, THE COUNTY DEPARTMENT SHALL PERFORM11
THE FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR12
KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT :13
(a) A
CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO14
DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES ;15
(b) A
CHECK OF THE STATE DEPARTMENT'S AUTOMATED DATABASE16
FOR INFORMATION TO INFORM DECISIONS ABOUT PLACEMENT TO17
DETERMINE IF THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE18
HOME HAVE BEEN IDENTIFIED AS HAVING A FINDING OF CHILD ABUSE OR19
NEGLECT AND WHETHER SUCH FINDING PRESENTS AN UNSAFE PLACEMENT20
FOR THE CHILD OR YOUTH; AND21
(c) A
CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND22
AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY23
THE UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND24
ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE25
REGISTRIES AND THE INTERACTIVE DATABASE SYSTEM FOR COLORADO TO26
DETERMINE IF A RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE27
HB23-1043
-8- HOME IS A REGISTERED SEX OFFENDER.1
(7) A
COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR YOUTH2
IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF3
THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE HOME :4
(a) H
AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN5
SUBSECTION (5) OF THIS SECTION; OR6
(b) H
AS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT7
FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE8
INFORMATION SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT9
FINDING HAS BEEN DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR10
THE CHILD OR YOUTH, UNLESS THERE IS AN APPEAL PENDING BEFORE THE11
COURT FOR THE FOUNDED FINDING ; OR12
(c) I
S A REGISTERED SEX OFFENDER IN THE SEX OFFENDER13
REGISTRY CREATED PURSUANT TO SECTION 16-22-110, OR IS A REGISTERED14
SEX OFFENDER AS DETERMINED BY A CHECK OF THE NATIONAL SEX15
OFFENDER REGISTRY OPERATED BY THE UNITED STATES DEPARTMENT OF16
JUSTICE.17
(8) A
COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR18
ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD19
OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS20
SECTION IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES21
PROMULGATED BY THE STATE BOARD OR IF THERE IS A COURT ORDER22
AFFIRMING PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR23
KIN. WHEN ANOTHER CHILD OR YOUTH SUBSEQUENTLY NEEDS PLACEMENT24
IN THE SAME HOME, THE COUNTY DEPARTMENT MAY PLACE THAT CHILD OR25
YOUTH WITH A RELATIVE OR KIN WHO WOULD OTHERWISE BE26
DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS SECTION BASED ON27
HB23-1043
-9- THE PREVIOUS DETERMINATION WITH REGARD TO THE BACKGROUND1
CHECK. THE RELATIVE OR KIN SHALL STILL COMPLY WITH THE2
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, AND THE COUNTY3
DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE4
SUBSEQUENT CHILD OR YOUTH .5
(9) T
HE STATE BOARD SHALL PROMULGATE RULES RELATED TO6
BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF7
CHILDREN OR YOUTH WITH RELATIVES OR KIN , CONSISTENT WITH THE8
PROVISIONS CONTAINED IN PART 3 OF ARTICLE 72 OF TITLE 24.9
(10) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,10
IF THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE11
CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS12
DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING13
THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN14
THE HOME, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE15
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF THAT16
RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME ; EXCEPT17
THAT THE COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGROUND18
CHECKS DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW19
ENFORCEMENT TO DETERMINE IF THERE WERE ANY NEW CHARGES FOR20
OFFENSES FILED AGAINST THAT RELATIVE OR KIN AND ANY ADULT WHO21
RESIDES IN THE HOME DURING THE PRECEDING THREE MONTHS SINCE THE22
LAST FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .23
(11) (a) T
HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG24
THE FINGERPRINTS OF AND NOTIFY THE APPLICABLE C OUNTY DEPARTMENT25
OF ANY NEW ARRESTS OF AN INDIVI DUAL WHOSE FINGERPRINTS THE26
COUNTY DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY27
HB23-1043
-10- THAT THE COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY1
USED FOR FOSTER CARE CERTIFICATION.2
(b) T
HE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO3
BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER4
SUBMITTING THE REQUEST FOR A FINGERPRINT -BASED CRIMINAL HISTORY5
RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN6
APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO7
THAT THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE C OUNTY8
DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION (11)(a) OF THIS9
SECTION OCCURS FOR THAT PERSON AND CONTINUES THROUGH THE10
DURATION OF THE INDIVIDUAL 'S FOSTER CARE CERTIFICATION . THE11
COUNTY DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED12
PURSUANT TO THIS SUBSECTION (11) AND ANY UPDATED13
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RESULTS FROM14
THE AUTOMATIC NOTIFICATION AS A SUBSTITUTE FOR MEETING THE15
FINGERPRINT REQUIREMENTS FOR A PERSON WHO IS APPLYING FOR FOSTER16
CARE CERTIFICATION PURSUANT TO SECTION 26-6-910.17
(12) F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT18
OTHERWISE REQUIRES:19
(a) "C
ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND20
INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT , A21
DEFERRED PROSECUTION AGREEMENT , OR A PLEA OF GUILTY OR NOLO22
CONTENDERE DETERMINED THROUGH THE RECORDS OF THE COLORADO23
BUREAU OF INVESTIGATION OR THE FEDERAL BUREAU OF INVESTIGATION24
AND THE COLORADO COURTS DATA ACCESS SYSTEM IN THE STATE25
JUDICIAL DEPARTMENT. "CONVICTION" DOES NOT INCLUDE A DIVERSION26
OR DEFERRAL OR PLEA FOR A PERSON WHO PARTICIPATED IN AND27
HB23-1043
-11- SUCCESSFULLY COMPLETED THE CHILD ABUSE AND CHILD NEGLECT1
DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION 19-3-310. A2
CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED JUDGMENT OR3
ADJUDICATION AGREEMENTS , ADJUDICATIONS, DIVERSION, DEFERRAL, OR4
PLEA AGREEMENTS. THE CONVICTIONS IDENTIFIED IN THIS SUBSECTION5
(12)(a)
AND SUBSECTION (5) OF THIS SECTION MUST BE DETERMINED6
ACCORDING TO THE RECORDS OF THE COLORADO BUREAU OF7
INVESTIGATION OR THE FEDERAL BUREAU OF INVESTIGATION AND THE8
C
OLORADO COURTS DATA ACCESS SYSTEM AT THE STATE JUDICIAL9
SYSTEM. A SCREENING REQUEST IN COLORADO MUST BE MADE PURSUANT10
TO SECTION 19-1-307 (2)(k), RULES PROMULGATED BY THE STATE BOARD11
PURSUANT TO SECTION 19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A12
CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT13
JURISDICTION OF THE CONVICTION OR A DEFERRED ADJUDICATION14
AGREEMENT IS PRIMA FACIE EVIDENCE OF A CONVICTION OR AGREEMENT .15
(b) "I
NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A16
NAME-BASED STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECK17
PERFORMED BY A COUNTY DEPARTMENT OR LOCAL LAW ENFORCEMENT18
AGENCY UTILIZING THE RECORDS OF THE COLORADO BUREAU OF19
INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION .20
SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.21
SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)22
as follows:23
19-3-508. Neglected or dependent child - disposition -24
concurrent planning. (8) When entering a decree placing the child
OR25
YOUTH in the legal custody of a relative or placing the child OR YOUTH in26
the legal custody of a county department for placement in a foster care27
HB23-1043
-12- home, the court shall ensure that the child's OR YOUTH'S placement at the1
time of the hearing is in the best interests of the child
OR YOUTH and shall2
inquire about documentation that the county department or a licensed3
child placement agency has adequately screened the foster care provider4
or the family member who is seeking to care for the child
OR YOUTH and5
any adult residing in that home and that all of the criminal history record6
checks and other background checks have been completed as required7
pursuant to section 26-6-910 or 19-3-407
SECTION 26-6-910 OR 19-3-406.8
SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)9
introductory portion and (3)(b) as follows:10
19-3-605. Request for placement with family members. (3) In11
making placement determinations concerning a child
OR YOUTH following12
the order of termination of the parent-child legal relationship pursuant to13
the provisions of this section, the court shall consider all pertinent14
information related to modifying the placement of the child
OR YOUTH15
prior to removing the child
OR YOUTH from his or her
THE CHILD'S OR16
YOUTH'S placement, including: the following:17
(b) Whether the child's
OR YOUTH'S placement at the time of the18
hearing is a safe and potentially permanent placement for the child
OR19
YOUTH, including documentation that a county department or a licensed20
child placement agency has adequately screened the family member who21
is seeking to care for the child
OR YOUTH and any adult residing in the22
home and that all of the criminal history record checks and other23
background checks have been completed as required pursuant to section
24
26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406;25
SECTION 5. In Colorado Revised Statutes, 26-6-911, amend26
(2)(d) as follows:27
HB23-1043
-13- 26-6-911. Foster care - kinship care - rules applying generally1
- rule-making. (2) At a minimum, the rules described in subsection (1)2
of this section must include the following:3
(d) A list of actions a county department or child placement4
agency shall take if a disqualifying factor is found during any of the5
background checks specified in section SECTIONS 26-6-910 (5) and (6)6
and section 19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);7
SECTION 6. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
HB23-1043
-14-