First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0221.02 Jane Ritter x4342
HOUSE BILL 23-1043
House Committees Senate Committees
Public & Behavioral Health & Human Services 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
SENATE
Amended 2nd Reading
February 28, 2023
HOUSE
3rd Reading Unamended
January 31, 2023
HOUSE
Amended 2nd Reading
January 30, 2023
HOUSE SPONSORSHIP
Lindsay and Pugliese, Amabile, Bacon, Bird, Boesenecker, Duran, English, Epps, Evans,
Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Mabrey,
Marshall, McCluskie, Ricks, Sirota, Snyder, Story, Taggart, Titone, Valdez, Velasco,
Willford, Woodrow, Young
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 OR COLORADO24
BUREAU OF INVESTIGATION-APPROVED DESIGNATED THIRD PARTY SHALL25
FORWARD THE COMPLETE SET OF FINGERPRINTS TO THE COLORADO26
BUREAU OF INVESTIGATION TO PERFORM THE FINGERPRINT -BASED27
1043
-4- CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (4) OF THIS1
SECTION.2
(b) I
F THE RELATIVE OR KIN
OR ANY ADULT WHO RESIDES AT THE3
HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS , THE COUNTY4
DEPARTMENT SHALL NOTIFY THE PARTIES TO THE CASE . WITHIN5
SEVENTY-TWO HOURS OF NOTIFICATION, ANY PARTY WANTING THE CHILD6
OR YOUTH TO REMAIN IN THAT PLACEMENT SHALL FILE A MOTION WITH7
THE COURT REGARDING PLACEMENT OF THE CHILD OR YOUTH. THE8
COUNTY DEPARTMENT OR A LAW ENFORCEMENT OFFICER , AS9
APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH FROM THE10
PHYSICAL CUSTODY OF THE RELATIVE OR KIN IF NO PARTY, WITH PROPER11
NOTIFICATION, HAS FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN12
THE PLACEMENT WITHIN SEVENTY-TWO HOURS. THE COUNTY DEPARTMENT13
SHALL CONFIRM WITHIN FOURTEEN CALENDAR DAYS AFTER THE CHILD OR14
YOUTH HAS BEEN PLACED WITH THE RELATIVE OR KIN THAT THE RELATIVE15
OR KIN AND ANY ADULT WHO RESIDES AT THE HOME SUBMITTED A16
COMPLETE SET OF FINGERPRINTS WITHIN THE TIME PERIOD SPECIFIED BY17
THIS SUBSECTION (2).18
(3) A COUNTY DEPARTMENT SHALL INITIATE OR REQUEST THAT A19
LOCAL LAW ENFORCEMENT AGENCY INITIATE A FINGERPRINT-BASED20
CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY21
ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH22
WITH A RELATIVE OR KIN ON A NON-EMERGENCY BASIS, WHEN THE CHILD23
OR YOUTH IS PLACED ON A NON-COURT-INVOLVED BASIS, WHEN THE24
COUNTY DEPARTMENT HAS TEMPORARY LEGAL CUSTODY, OR WHEN THE25
COUNTY HAS THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR26
YOUTH.27
1043
-5- (4) (a) A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ,1
AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, MUST BE COMPLETED2
BY LOCAL LAW ENFORCEMENT ; THE COUNTY DEPARTMENT; OR ANOTHER3
DESIGNATED THIRD PARTY APPROVED BY THE COLORADO BUREAU OF4
INVESTIGATION. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE5
OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION . IF6
AN APPROVED THIRD PARTY TAKES THE FINGERPRINTS , THE FINGERPRINTS7
MAY BE ELECTRONICALLY CAPTURED USING COLORADO BUREAU OF8
INVESTIGATION-APPROVED LIVESCAN EQUIPMENT. THIRD-PARTY VENDORS9
SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS , UNLESS10
REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO11
RESIDES AT THE HOME.12
(b) W
HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT13
THE HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY14
DEPARTMENT, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD15
THE FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE16
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD17
CHECK. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS ,18
THE COLORADO BUREAU OF INVESTIGATION SHALL C ONDUCT A STATE AND19
NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK20
UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND21
THE FEDERAL BUREAU OF INVESTIGATION . THE COLORADO BUREAU OF22
INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE23
STATE AND NATIONAL FINGERPRINT -BASED CRIMINAL HISTORY RECORD24
CHECKS CONDUCTED PURSUANT TO THIS SECTION TO THE COUNTY
25
DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY AUTHORIZED TO26
RECEIVE THE INFORMATION . IF THE FINGERPRINT-BASED CRIMINAL27
1043
-6- HISTORY RECORD CHECK INDICATES THAT THE RELATIVE OR KIN AND ANY1
ADULT WHO RESIDES AT THE HOME HAVE A CRIMINAL HISTORY DESCRIBED2
IN SUBSECTION (5) OF THIS SECTION, THE COUNTY DEPARTMENT OR THE3
LOCAL LAW ENFORCEMENT OFFICER , WHICHEVER IS APPROPRIATE, SHALL4
REMOVE THE CHILD OR YOUTH FROM THE PLACEMENT , UNLESS THERE5
IS A MOTION REGARDING PLACEMENT PENDING BEFORE THE COURT , OR IF6
NO PARTY, WITH PROPER NOTIFICATION, HAS FILED A MOTION TO MAINTAIN7
THE CHILD OR YOUTH IN THE PLACEMENT WITHIN SEVENTY -TWO HOURS,8
AND SHALL NOT PLACE A CHILD OR YOUTH IN THE HOME WHERE A PERSON9
WITH THE CRIMINAL CONVICTION RESIDES WITHOUT A COURT ORDER10
AFFIRMING PLACEMENT OF THE CHILD OR YOUTH IN THE HOME OR11
PURSUANT TO STATE BOARD RULES . THE COURT MAY ORDER THE REPORTS12
OF FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS FROM THE13
COLORADO BUREAU OF INVESTIGATION OR FROM THE FEDERAL BUREAU OF14
INVESTIGATION THAT WERE RELIED UPON BY THE COUNTY TO EVALUATE15
THE PLACEMENT TO BE RELEASED BY THE COUNTY DEPARTMENT AFTER16
PROVIDING AN OPPORTUNITY FOR THE INDIVIDUAL WHOSE RESULTS WOULD17
BE RELEASED TO OBJECT OR REQUEST APPROPRIATE PROTECTIONS OR18
REDACTIONS.19
(5) A
COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT20
AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR21
YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR22
MORE OF THE FOLLOWING CONVICTIONS , AS "CONVICTION" IS DEFINED IN23
SUBSECTION (12) OF THIS SECTION:24
(a) F
ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;25
(b) M
URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION26
18-3-102;
MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION27
1043
-7- 18-3-103; MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;1
CRIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION 18-3-105;2
AND VEHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;3
(c) K
IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED4
IN SECTIONS 18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT,5
AS DESCRIBED IN SECTION 18-3-303;6
(d) A
FELONY CRIME OF VIOLENCE E NHANCER , AS DEFINED IN7
SECTION 18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;8
(e) A
N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS9
DEFINED IN SECTION 16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF10
A CHILD, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN11
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE ;12
(f) A
FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS13
BEEN FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE ,14
AS DEFINED IN SECTION 18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;15
(g) A
FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN16
SECTION 18-3-202 OR
18-3-203, WITHIN THE PRECEDING FIVE YEARS;17
(h) A
FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING18 THREE YEARS. IF THE RELATIVE OR KIN HAS A FELONY DRUG -RELATED19
CONVICTION LESS THAN FIVE YEARS PRIOR, ANY KINSHIP OR GUARDIANSHIP20
ASSISTANCE PAYMENTS ON BEHALF OF THE CHILD OR YOUTH MUST NOT BE21
MADE WITH FEDERAL MONEY PROVIDED PURSUANT TO TITLE IV-E OF THE22
FEDERAL "SOCIAL SECURITY ACT", AS AMENDED.23
(i) A
PATTERN OF MISDEMEANOR
CONVICTIONS RELATED TO24
DOMESTIC VIOLENCE, AS DEFINED BY RULE OF THE STATE BOARD, WITHIN25
THE PRECEDING FIVE YEARS; OR26
(j) A
N OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH27
1043
-8- ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE1
OFFENSES DESCRIBED IN SUBSECTIONS (5)(a) TO (5)(i) OF THIS SECTION.2
(6) I
F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT3
BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE4
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT5
WHO RESIDES AT THE HOME, THE COUNTY DEPARTMENT SHALL PERFORM6
THE FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR7
KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT :8
(a) A
CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO9
DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES ;10
(b) A
CHECK OF THE STATE DEPARTMENT 'S
CHILD WELFARE11
INFORMATION SYSTEM AND THE EQUIVALENT REGISTRIES AND DATABASES12
IN OTHER STATES IF THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN13
THE PRIOR FIVE YEARS, AS PRESCRIBED BY RULE, FOR INFORMATION TO14
INFORM DECISIONS ABOUT PLACEMENT TO DETERMINE IF THE RELATIVE OR15
KIN AND ANY ADULT WHO RESIDES AT THE HOME HAVE BEEN IDENTIFIED16
AS HAVING A FINDING OF CHILD ABUSE OR NEGLECT; AND17
(c) A
CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND18
AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY19
THE UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND20
ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE21
REGISTRIES AND THE INTERACTIVE DATABASE SYSTEM FOR COLORADO22AND THE EQUIVALENT REGISTRIES AND DATABASES IN OTHER STATES IF23
THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE PRIOR FIVE24
YEARS, AS PRESCRIBED IN RULE, TO DETERMINE IF A RELATIVE OR KIN OR25
ANY ADULT WHO RESIDES IN THE HOME IS A REGISTERED SEX OFFENDER .26
(7) A
COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR YOUTH27
1043
-9- IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF1
THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE HOME :2
(a) H
AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN3
SUBSECTION (5) OF THIS SECTION; OR4
(b) H
AS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT5
FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE6
INFORMATION SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT7
FINDING HAS BEEN DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR8
THE CHILD OR YOUTH, UNLESS THERE IS AN APPEAL PENDING
FOR THE9
FOUNDED FINDING; OR10
(c) I
S A REGISTERED SEX OFFENDER IN THE SEX OFFENDER11
REGISTRY CREATED PURSUANT TO SECTION 16-22-110, OR IS A REGISTERED12
SEX OFFENDER AS DETERMINED BY A CHECK OF THE NATIONAL SEX13
OFFENDER REGISTRY OPERATED BY THE UNITED STATES DEPARTMENT OF14
JUSTICE.15
(8) A
COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR16
ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD17
OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS18
SECTION IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES19
PROMULGATED BY THE STATE BOARD OR IF THERE IS A COURT ORDER20
AFFIRMING PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR21
KIN. WHEN ANOTHER CHILD OR YOUTH SUBSEQUENTLY NEEDS PLACEMENT22
IN THE SAME HOME, THE COUNTY DEPARTMENT MAY PLACE THAT CHILD OR23
YOUTH WITH A RELATIVE OR KIN WHO WOULD OTHERWISE BE24
DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS SECTION BASED ON25
THE PREVIOUS DETERMINATION WITH REGARD TO THE BACKGROUND26
CHECK. THE RELATIVE OR KIN SHALL STILL COMPLY WITH THE27
1043
-10- REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, AND THE COUNTY1
DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE2
SUBSEQUENT CHILD OR YOUTH .3
(9) T
HE STATE BOARD SHALL PROMULGATE RULES RELATED TO4
BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF5
CHILDREN OR YOUTH WITH RELATIVES OR KIN , CONSISTENT WITH THE6
PROVISIONS CONTAINED IN PART 3 OF ARTICLE 72 OF TITLE 24.7
(10) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,8
IF THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE9
CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS10
DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING11
THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN12
THE HOME, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE13
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF THAT14
RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME ; EXCEPT15
THAT THE COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGROUND16
CHECKS DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW17
ENFORCEMENT TO DETERMINE IF THERE WERE ANY NEW CHARGES FOR18
OFFENSES FILED AGAINST THAT RELATIVE OR KIN AND ANY ADULT WHO19
RESIDES IN THE HOME DURING THE PRECEDING THREE MONTHS SINCE THE20
LAST FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .21
(11) (a) T
HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG22
THE FINGERPRINTS OF AND NOTIFY THE APPLICABLE C OUNTY DEPARTMENT23
OF ANY NEW ARRESTS OF AN INDIVI DUAL WHOSE FINGERPRINTS THE24
COUNTY DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY25
THAT THE COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY26
USED FOR FOSTER CARE CERTIFICATION.27
1043
-11- (b) THE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO1
BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER2
SUBMITTING THE REQUEST FOR A FINGERPRINT -BASED CRIMINAL HISTORY3
RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN4
APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO5
THAT THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE COUNTY6
DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION (11)(a) OF THIS7
SECTION OCCURS FOR THAT PERSON AND CONTINUES THROUGH THE8
DURATION OF THE INDIVIDUAL 'S FOSTER CARE CERTIFICATION . THE9
COUNTY DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED10
PURSUANT TO THIS SUBSECTION (11) AND ANY UPDATED11
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RESULTS FROM12
THE AUTOMATIC NOTIFICATION AS A SUBSTITUTE FOR MEETING THE13
FINGERPRINT REQUIREMENTS FOR A PERSON WHO IS APPLYING FOR FOSTER14
CARE CERTIFICATION PURSUANT TO SECTION 26-6-910.15
(12) F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT16
OTHERWISE REQUIRES:17
(a) "C
ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND18
INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT ,
OR A19
PLEA OF GUILTY OR NOLO CONTENDERE DETERMINED THROUGH THE20
RECORDS OF THE COLORADO BUREAU OF INVESTIGATION OR THE FEDERAL21
BUREAU OF INVESTIGATION AND THE COLORADO COURTS DATA ACCESS22
SYSTEM IN THE STATE JUDICIAL DEPARTMENT . "CONVICTION" DOES NOT23
INCLUDE A DIVERSION OR DEFERRAL OR PLEA FOR A PERSON WHO24
PARTICIPATED IN AND SUCCESSFULLY COMPLETED THE CHILD ABUSE AND25
CHILD NEGLECT DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION26
19-3-310.
A CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED27
1043
-12- JUDGMENT OR ADJUDICATION AGREEMENTS , ADJUDICATIONS, DIVERSION,1
DEFERRAL, OR PLEA AGREEMENTS. THE CONVICTIONS IDENTIFIED IN THIS2
SUBSECTION (12)(a) AND SUBSECTION (5) OF THIS SECTION MUST BE3
DETERMINED ACCORDING TO THE RECORDS OF THE COLORADO BUREAU OF4
INVESTIGATION OR THE FEDERAL BUREAU OF INVESTIGATION AND THE5
C
OLORADO COURTS DATA ACCESS SYSTEM AT THE STATE JUDICIAL6
SYSTEM. A SCREENING REQUEST IN COLORADO MUST BE MADE PURSUANT7
TO SECTION 19-1-307 (2)(k), RULES PROMULGATED BY THE STATE BOARD8
PURSUANT TO SECTION 19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A9
CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT10
JURISDICTION OF THE CONVICTION OR A DEFERRED ADJUDICATION11
AGREEMENT IS PRIMA FACIE EVIDENCE OF A CONVICTION OR AGREEMENT .12
(b) "I
NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A13
C
OLORADO CRIME INFORMATION CENTER OR NATIONAL CRIME
14
INFORMATION CENTER CHECK .15
SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.16
SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)17
as follows:18
19-3-508. Neglected or dependent child - disposition -19
concurrent planning. (8) When entering a decree placing the child
OR20
YOUTH in the legal custody of a relative or placing the child OR YOUTH in21
the legal custody of a county department for placement in a foster care22
home, the court shall ensure that the child's
OR YOUTH'S placement at the23
time of the hearing is in the best interests of the child
OR YOUTH and shall24
inquire about documentation that the county department or a licensed25
child placement agency has adequately screened the foster care provider26
or the family member who is seeking to care for the child
OR YOUTH and27
1043
-13- any adult residing in that home and that all of the criminal history record1
checks and other background checks have been completed as required2
pursuant to section 26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406.3
SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)4
introductory portion and (3)(b) as follows:5
19-3-605. Request for placement with family members. (3) In6
making placement determinations concerning a child
OR YOUTH following7
the order of termination of the parent-child legal relationship pursuant to8
the provisions of this section, the court shall consider all pertinent9
information related to modifying the placement of the child
OR YOUTH10
prior to removing the child
OR YOUTH from his or her
THE CHILD'S OR11
YOUTH'S placement, including: the following:12
(b) Whether the child's
OR YOUTH'S placement at the time of the13
hearing is a safe and potentially permanent placement for the child
OR14
YOUTH, including documentation that a county department or a licensed15
child placement agency has adequately screened the family member who16
is seeking to care for the child
OR YOUTH and any adult residing in the17
home and that all of the criminal history record checks and other18
background checks have been completed as required pursuant to section
19
26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406;20
SECTION 5. In Colorado Revised Statutes, 26-6-911, amend21
(2)(d) as follows:22
26-6-911. Foster care - kinship care - rules applying generally23
- rule-making. (2) At a minimum, the rules described in subsection (1)24
of this section must include the following:25
(d) A list of actions a county department or child placement26
agency shall take if a disqualifying factor is found during any of the27
1043
-14- background checks specified in section SECTIONS 26-6-910 (5) and (6)1
and section 19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);2
SECTION 6. Act subject to petition - effective date. This act3
takes effect at 12:01 a.m. on the day following the expiration of the4
ninety-day period after final adjournment of the general assembly; except5
that, if a referendum petition is filed pursuant to section 1 (3) of article V6
of the state constitution against this act or an item, section, or part of this7
act within such period, then the act, item, section, or part will not take8
effect unless approved by the people at the general election to be held in9
November 2024 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
1043
-15-