First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
January 30, 2023
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 law.
Dashes through the words or numbers indicate deletions from existing law. 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
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
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
SEVEN CALENDAR DAYS21
AFTER THE CHILD OR YOUTH IS PLACED IN THE RELATIVE 'S OR KIN'S HOME22
OR NO LATER THAN FOURTEEN CALENDAR DAYS WHEN EXIGENT23
CIRCUMSTANCES 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
OR ANY ADULT WHO RESIDES AT THE27
1043
-4- HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS , THE COUNTY1
DEPARTMENT SHALL NOTIFY THE PARTIES TO THE CASE . WITHIN2
SEVENTY-TWO HOURS OF NOTIFICATION, ANY PARTY WANTING THE CHILD3
OR YOUTH TO REMAIN IN THAT PLACEMENT SHALL FILE A MOTION WITH4
THE COURT REGARDING PLACEMENT OF THE CHILD OR YOUTH . THE5
COUNTY DEPARTMENT OR A LAW ENFORCEMENT OFFICER , AS6
APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH FROM THE7
PHYSICAL CUSTODY OF THE RELATIVE OR KIN IF NO PARTY, WITH PROPER8
NOTIFICATION, HAS FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN9
THE PLACEMENT WITHIN SEVENTY-TWO HOURS. THE COUNTY DEPARTMENT10
SHALL CONFIRM WITHIN FOURTEEN CALENDAR DAYS AFTER THE CHILD OR11
YOUTH HAS BEEN PLACED WITH THE RELATIVE OR KIN THAT THE RELATIVE12
OR KIN AND ANY ADULT WHO RESIDES AT THE HOME SUBMITTED A13
COMPLETE SET OF FINGERPRINTS WITHIN THE TIME PERIOD SPECIFIED BY14
THIS SUBSECTION (2).15
(3) A COUNTY DEPARTMENT SHALL CONDUCT OR REQUEST THAT16
A LOCAL LAW ENFORCEMENT AGENCY CONDUCT A FINGERPRINT -BASED17
CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY18
ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH19
WITH A RELATIVE OR KIN ON A NON-EMERGENCY BASIS, WHEN THE CHILD20
OR YOUTH IS PLACED ON A NON-COURT-INVOLVED BASIS, WHEN THE21
COUNTY DEPARTMENT HAS TEMPORARY LEGAL CUSTODY, OR WHEN THE22
COUNTY HAS THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR23
YOUTH.24
(4) (a) A
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ,25
AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, MUST BE COMPLETED26
BY LOCAL LAW ENFORCEMENT ; THE COUNTY
DEPARTMENT; OR ANOTHER27
1043
-5- DESIGNATED THIRD PARTY APPROVED BY THE COLORADO BUREAU OF1
INVESTIGATION. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE2
OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION . IF3
AN APPROVED THIRD PARTY TAKES THE FINGERPRINTS , THE FINGERPRINTS4
MAY BE ELECTRONICALLY CAPTURED USING COLORADO BUREAU OF5
INVESTIGATION-APPROVED LIVESCAN EQUIPMENT. THIRD-PARTY VENDORS6
SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS , UNLESS7
REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO8
RESIDES AT THE HOME.9
(b) W
HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT10
THE HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY11
DEPARTMENT, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD12
THE FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE13
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD14
CHECK. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS ,15
THE COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND16
NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK17
UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND18
THE FEDERAL BUREAU OF INVESTIGATION . THE COLORADO BUREAU OF19
INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE20
STATE AND NATIONAL FINGERPRINT -BASED CRIMINAL HISTORY RECORD21
CHECKS CONDUCTED PURSUANT TO THIS SECTION TO THE AGENCY22
AUTHORIZED TO RECEIVE THE INFORMATION . IF THE FINGERPRINT-BASED23
CRIMINAL HISTORY RECORD CHECK INDICATES THAT THE RELATIVE OR KIN24
AND ANY ADULT WHO RESIDES AT THE HOME HAVE A CRIMINAL HISTORY25
DESCRIBED IN SUBSECTION (5) OF THIS SECTION , THE COUNTY26
DEPARTMENT OR THE LOCAL LAW ENFORCEMENT OFFICER , WHICHEVER IS27
1043
-6- APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH FROM THE1
PLACEMENT, UNLESS THERE IS A MOTION REGARDING PLACEMENT PENDING2
BEFORE THE COURT, OR IF NO PARTY, WITH PROPER NOTIFICATION, HAS3
FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN THE PLACEMENT4
WITHIN SEVENTY-TWO HOURS, AND SHALL NOT PLACE A CHILD OR YOUTH5
IN THE HOME WHERE A PERSON WITH THE CRIMINAL CONVICTION RESIDES6
WITHOUT A COURT ORDER AFFIRMING PLACEMENT OF THE CHILD OR YOUTH7
IN THE HOME OR PURSUANT TO STATE BOARD RULES . THE COURT MAY8
ORDER THE REPORTS OF FINGERPRINT-BASED CRIMINAL HISTORY RECORD9
CHECKS FROM THE COLORADO BUREAU OF INVESTIGATION OR FROM THE10
FEDERAL BUREAU OF INVESTIGATION THAT WERE RELIED UPON BY THE11
COUNTY TO EVALUATE THE PLACEMENT TO BE RELEASED BY THE COUNTY12
DEPARTMENT AFTER PROVIDING AN OPPORTUNITY FOR THE INDIVIDUAL13
WHOSE RESULTS WOULD BE RELEASED TO OBJECT OR REQUEST14
APPROPRIATE PROTECTIONS OR REDACTIONS .15
(5) A
COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT16
AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR17
YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR18
MORE OF THE FOLLOWING CONVICTIONS , AS "CONVICTION" IS DEFINED IN19
SUBSECTION (12) OF THIS SECTION:20
(a) F
ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;21
(b) M
URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION22
18-3-102;
MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION23
18-3-103;
MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;24
CRIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION 18-3-105;25
AND VEHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;26
(c) K
IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED27
1043
-7- IN SECTIONS 18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT,1
AS DESCRIBED IN SECTION 18-3-303;2
(d) A
FELONY CRIME OF VIOLENCE ENHANCER , AS DEFINED IN3 SECTION 18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;4
(e) A
N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS5
DEFINED IN SECTION 16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF6
A CHILD, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN7
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE ;8
(f) A
FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS9
BEEN FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE ,10
AS DEFINED IN SECTION 18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;11
(g) A
FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN12
SECTION 18-3-202 OR
18-3-203, WITHIN THE PRECEDING FIVE YEARS;13
(h) A
FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING14 THREE YEARS. IF THE RELATIVE OR KIN HAS A FELONY DRUG-RELATED15
CONVICTION LESS THAN FIVE YEARS PRIOR, ANY KINSHIP OR GUARDIANSHIP16
ASSISTANCE PAYMENTS ON BEHALF OF THE CHILD OR YOUTH MUST NOT BE17
MADE WITH FEDERAL MONEY PROVIDED PURSUANT TO TITLE IV-E OF THE18
FEDERAL "SOCIAL SECURITY ACT", AS AMENDED.19
(i) A
PATTERN OF MISDEMEANOR
CONVICTIONS RELATED TO20
DOMESTIC VIOLENCE, AS DEFINED BY RULE OF THE STATE BOARD, WITHIN21
THE PRECEDING FIVE YEARS; OR22
(j) A
N OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH23
ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE24
OFFENSES DESCRIBED IN SUBSECTIONS (5)(a) TO (5)(i) OF THIS SECTION.25
(6) I
F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT26
BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE27
1043
-8- FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT1
WHO RESIDES AT THE HOME, THE COUNTY DEPARTMENT SHALL PERFORM2
THE FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR3
KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT :4
(a) A
CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO5
DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES ;6
(b) A
CHECK OF THE STATE DEPARTMENT 'S
CHILD WELFARE7
INFORMATION SYSTEM AND THE EQUIVALENT REGISTRIES AND DATABASES8
IN OTHER STATES IF THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN9
THE PRIOR FIVE YEARS, AS PRESCRIBED BY RULE, FOR INFORMATION TO10
INFORM DECISIONS ABOUT PLACEMENT TO DETERMINE IF THE RELATIVE OR11
KIN AND ANY ADULT WHO RESIDES AT THE HOME HAVE BEEN IDENTIFIED12
AS HAVING A FINDING OF CHILD ABUSE OR NEGLECT; AND13
(c) A
CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND14
AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY15
THE UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND16
ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE17
REGISTRIES AND THE INTERACTIVE DATABASE SYSTEM FOR COLORADO18AND THE EQUIVALENT REGISTRIES AND DATABASES IN OTHER STATES IF19
THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE PRIOR FIVE20
YEARS, AS PRESCRIBED IN RULE, TO DETERMINE IF A RELATIVE OR KIN OR21
ANY ADULT WHO RESIDES IN THE HOME IS A REGISTERED SEX OFFENDER .22
(7) A
COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR YOUTH23
IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF24
THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE HOME :25
(a) H
AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN26
SUBSECTION (5) OF THIS SECTION; OR27
1043
-9- (b) HAS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT1
FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE2
INFORMATION SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT3
FINDING HAS BEEN DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR4
THE CHILD OR YOUTH, UNLESS THERE IS AN APPEAL PENDING FOR THE5
FOUNDED FINDING; OR6
(c) I
S A REGISTERED SEX OFFENDER IN THE SEX OFFENDER7
REGISTRY CREATED PURSUANT TO SECTION 16-22-110, OR IS A REGISTERED8
SEX OFFENDER AS DETERMINED BY A CHECK OF THE NATIONAL SEX9
OFFENDER REGISTRY OPERATED BY THE UNITED STATES DEPARTMENT OF10
JUSTICE.11
(8) A
COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR12
ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD13
OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS14
SECTION IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES15
PROMULGATED BY THE STATE BOARD OR IF THERE IS A COURT ORDER16
AFFIRMING PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR17
KIN. WHEN ANOTHER CHILD OR YOUTH SUBSEQUENTLY NEEDS PLACEMENT18
IN THE SAME HOME, THE COUNTY DEPARTMENT MAY PLACE THAT CHILD OR19
YOUTH WITH A RELATIVE OR KIN WHO WOULD OTHERWISE BE20
DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS SECTION BASED ON21
THE PREVIOUS DETERMINATION WITH REGARD TO THE BACKGROUND22
CHECK. THE RELATIVE OR KIN SHALL STILL COMPLY WITH THE23
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, AND THE COUNTY24
DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE25
SUBSEQUENT CHILD OR YOUTH .26
(9) T
HE STATE BOARD SHALL PROMULGATE RULES RELATED TO27
1043
-10- BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF1
CHILDREN OR YOUTH WITH RELATIVES OR KIN , CONSISTENT WITH THE2
PROVISIONS CONTAINED IN PART 3 OF ARTICLE 72 OF TITLE 24.3
(10) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,4
IF THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE5
CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS6
DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING7
THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN8
THE HOME, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE9
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF THAT10
RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME ; EXCEPT11
THAT THE COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGROUND12
CHECKS DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW13
ENFORCEMENT TO DETERMINE IF THERE WERE ANY NEW CHARGES FOR14
OFFENSES FILED AGAINST THAT RELATIVE OR KIN AND ANY ADULT WHO15
RESIDES IN THE HOME DURING THE PRECEDING THREE MONTHS SINCE THE16
LAST FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .17
(11) (a) T
HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG18
THE FINGERPRINTS OF AND NOTIFY THE APPLICABLE C OUNTY DEPARTMENT19
OF ANY NEW ARRESTS OF AN INDIVIDUAL WHOSE FINGERPRINTS THE20
COUNTY DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY21
THAT THE COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY22
USED FOR FOSTER CARE CERTIFICATION.23
(b) T
HE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO24
BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER25
SUBMITTING THE REQUEST FOR A FINGERPRINT -BASED CRIMINAL HISTORY26
RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN27
1043
-11- APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO1
THAT THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE COUNTY2
DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION (11)(a) OF THIS3
SECTION OCCURS FOR THAT PERSON AND CONTINUES THR OUGH THE4
DURATION OF THE INDIVIDUAL 'S FOSTER CARE CERTIFICATION . THE5
COUNTY DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED6
PURSUANT TO THIS SUBSECTION (11) AND ANY UPDATED7
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RESULTS FROM8
THE AUTOMATIC NOTIFICATION AS A SUBSTITUTE FOR MEETING THE9
FINGERPRINT REQUIREMENTS FOR A PERSON WHO IS APPLYING FOR FOSTER10
CARE CERTIFICATION PURSUANT TO SECTION 26-6-910.11
(12) F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT12
OTHERWISE REQUIRES:13
(a) "C
ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND14
INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT ,
OR A15
PLEA OF GUILTY OR NOLO CONTENDERE DETERMINED THROUGH THE16
RECORDS OF THE COLORADO BUREAU OF INVESTIGATION OR THE FEDERAL17
BUREAU OF INVESTIGATION AND THE COLORADO COURTS DATA ACCESS18
SYSTEM IN THE STATE JUDICIAL DEPARTMENT . "CONVICTION" DOES NOT19
INCLUDE A DIVERSION OR DEFERRAL OR PLEA FOR A PERSON WHO20
PARTICIPATED IN AND SUCCESSFULLY COMPLETED THE CHILD ABUSE AND21
CHILD NEGLECT DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION22
19-3-310.
A CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED23
JUDGMENT OR ADJUDICATION AGREEMENTS , ADJUDICATIONS, DIVERSION,24
DEFERRAL, OR PLEA AGREEMENTS. THE CONVICTIONS IDENTIFIED IN THIS25
SUBSECTION (12)(a) AND SUBSECTION (5) OF THIS SECTION MUST BE26
DETERMINED ACCORDING TO THE RECORDS OF THE COLORADO BUREAU OF27
1043
-12- INVESTIGATION OR THE FEDERAL BUREAU OF INVESTIGATION AND THE1
C
OLORADO COURTS DATA ACCESS SYSTEM AT THE STATE JUDICIAL2
SYSTEM. A SCREENING REQUEST IN COLORADO MUST BE MADE PURSUANT3
TO SECTION 19-1-307 (2)(k), RULES PROMULGATED BY THE STATE BOARD4
PURSUANT TO SECTION 19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A5
CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT6
JURISDICTION OF THE CONVICTION OR A DEFERRED ADJUDICATION7
AGREEMENT IS PRIMA FACIE EVIDENCE OF A CONVICTION OR AGREEMENT .8
(b) "I
NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A9
NAME-BASED STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECK10
PERFORMED BY A COUNTY DEPARTMENT OR LOCAL LAW ENFORCEMENT11
AGENCY UTILIZING THE RECORDS OF THE COLORADO BUREAU OF12
INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION .13
SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.14
SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)15
as follows:16
19-3-508. Neglected or dependent child - disposition -17
concurrent planning. (8) When entering a decree placing the child
OR18
YOUTH in the legal custody of a relative or placing the child OR YOUTH in19
the legal custody of a county department for placement in a foster care20
home, the court shall ensure that the child's
OR YOUTH'S placement at the21
time of the hearing is in the best interests of the child
OR YOUTH and shall22
inquire about documentation that the county department or a licensed23
child placement agency has adequately screened the foster care provider24
or the family member who is seeking to care for the child
OR YOUTH and25
any adult residing in that home and that all of the criminal history record26
checks and other background checks have been completed as required27
1043
-13- pursuant to section 26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406.1
SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)2
introductory portion and (3)(b) as follows:3
19-3-605. Request for placement with family members. (3) In4
making placement determinations concerning a child
OR YOUTH following5
the order of termination of the parent-child legal relationship pursuant to6
the provisions of this section, the court shall consider all pertinent7
information related to modifying the placement of the child
OR YOUTH8
prior to removing the child
OR YOUTH from his or her
THE CHILD'S OR9
YOUTH'S placement, including: the following:10
(b) Whether the child's
OR YOUTH'S placement at the time of the11
hearing is a safe and potentially permanent placement for the child
OR12
YOUTH, including documentation that a county department or a licensed13
child placement agency has adequately screened the family member who14
is seeking to care for the child
OR YOUTH and any adult residing in the15
home and that all of the criminal history record checks and other16
background checks have been completed as required pursuant to section
17
26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406;18
SECTION 5. In Colorado Revised Statutes, 26-6-911, amend19
(2)(d) as follows:20
26-6-911. Foster care - kinship care - rules applying generally21
- rule-making. (2) At a minimum, the rules described in subsection (1)22
of this section must include the following:23
(d) A list of actions a county department or child placement24
agency shall take if a disqualifying factor is found during any of the25
background checks specified in section SECTIONS 26-6-910 (5) and (6)26
and section 19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);27
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-14- SECTION 6. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
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