Page 1
February 22, 2023 HB 23-1043
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 20, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0221
Rep. Lindsay; Pugliese
Sen. Ginal; Rich
Date:
Bill Status:
Fiscal Analyst:
February 22, 2023
Senate Health & Human Services
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: EMERGENCY & CONTINUED PLACEMENT WITH RELATIVE OR KIN
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill amends the procedures for emergency and non-emergency placements of a
child or youth with a relative or kin, as well as updates the criminal offenses that would
disqualify a relative or kin from being considered as a placement option. The bill
increases state and local workload beginning in FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Summary of Legislation
Under current law, when a child is placed with a relative or kin, the county department of human
services or law enforcement performs an initial criminal history record check on the relative or kin
and any adults living in the home. If the initial check reveals certain criminal convictions, the child
cannot be placed there. Within five days of placement, the adults in the home must submit
fingerprints for a state and national criminal history record check. If they fail to do so, or this check
uncovers felony convictions, the child or youth must be removed from the home, unless a motion for
placement is pending in court.
This bill modifies the criminal offenses that may result in a denial of placement with relatives or kin
and allows a county department to make an exception and place the child or youth with a disqualified
relative or kin if the placement conforms with rules set by the state board of human services or if a
court affirms the placement. Adults who fail to submit fingerprints within five days of a placement
will be notified by county departments of human services and have 72 hours to file a motion in court
to retain that placement.
Page 2
February 22, 2023 HB 23-1043
State Expenditures
In FY 2023-24 only, workload will increase by a minimal amount for the state Department of Human
Services to review and revise guidance to counties on out-of-home placement of children with
relatives and kin. Workload for the Judicial Department may also increase if there are a greater
number of motions filed by relative or kin to retain custody following a failure to submit fingerprints
within the required timeline. This workload can be accomplished within existing appropriations.
Local Government
If the bill expands available options for youth and children who require out-of-home placement,
workload for county departments and law enforcement involved in the process of finding emergency
and nonemergency placement for children and youth may decrease. Workload may also increase for
county departments to notify adults who fail to submit fingerprints.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Child Welfare Counties Human Services
Information Technology Judicial ` Law
Public Safety
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.