Colorado 2023 Regular Session

Colorado House Bill HB1043 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0221.02 Jane Ritter x4342
1	8		HOUSE BILL 23-1043
2		-	BY REPRESENTATIVE(S) Lindsay and Pugliese, Amabile, Bacon, Bird,
3		-	Boesenecker, Duran, English, Epps, Evans, Froelich, Gonzales-Gutierrez,
4		-	Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Mabrey, Marshall, Ricks,
5		-	Sirota, Snyder, Story, Taggart, Titone, Valdez, Velasco, Willford,
6		-	Woodrow, Young, McCluskie, Armagost, Dickson, Frizell, Garcia,
7		-	McCormick, McLachlan, Michaelson Jenet, Weinberg, Winter T.;
8		-	also SENATOR(S) Ginal and Rich, Buckner, Cutter, Exum, Fields,
9		-	Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Liston, Lundeen,
10		-	Marchman, Mullica, Pelton B., Pelton R., Priola, Simpson, Will, Winter F.,
11		-	Zenzinger.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
12	12		C
13		-	ONCERNING THE SAFETY OF CHILDREN AND YOUTH THROUGH REQUIRED
14		-	BACKGROUND CHECKS ON ADULTS WHEN A CHILD OR YOUTH IS
15		-	PLACED OUT OF THE HOME WITH KIN
16		-	, INCLUDING RELATIVES.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. In Colorado Revised Statutes, repeal and reenact,
20		-	with amendments, 19-3-406 as follows:
21		-	19-3-406. Relatives or kin as providers of emergency,
22		-	nonemergency, or continued placement for children or youth - initial
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. criminal history record check - fingerprint-based criminal history
31		-	record check - criteria for disqualification - use of criminal justice
32		-	records - rules - definitions. (1) (a) (I) A
33		-	NY TIME A CHILD OR YOUTH IS
34		-	TAKEN INTO TEMPORARY CUSTODY BY A LAW ENFORCEMENT OFFICER AND
35		-	ANY TIME THE COURT PLACES TEMPORARY CUSTODY OF A CHILD OR YOUTH
36		-	WITH A COUNTY DEPARTMENT
37		-	, OR THE COUNTY DEPARTMENT HAS THE
38		-	LEGAL AUTHORITY FOR PLACEMENT PURSUANT TO THIS PART
39		-	4, AND A
40		-	RELATIVE OR KIN
41		-	, AS DEFINED IN SECTION 19-1-103, IS IDENTIFIED AS A
42		-	POTENTIAL EMERGENCY PLACEMENT FOR THE CHILD OR YOUTH
43		-	, THE COUNTY
44		-	DEPARTMENT OR A LOCAL LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY
45		-	CONDUCT AN INITIAL CRIMINAL HISTORY RECORD CHECK OF THE RELATIVE
46		-	OR KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO THE COUNTY
47		-	DEPARTMENT OR THE LAW ENFORCEMENT OFFICER PLACING THE CHILD OR
48		-	YOUTH IN THE EMERGENCY PLACEMENT
49		-	.
	13	+	ONCERNING THE SAFETY OF CHILDREN AND YOUTH THROUGH101
	14	+	REQUIRED BACKGROUND CHECKS ON ADULTS WHEN A CHILD OR102
	15	+	YOUTH IS PLACED OUT OF THE HOME WITH KIN , INCLUDING103
	16	+	RELATIVES.104
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill clarifies the procedures for emergency and nonemergency
	25	+	continuing placement of a child or youth that a county department of
	26	+	human or social services (county department) or a local law enforcement
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	March 1, 2023
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	February 28, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	January 31, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	January 30, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Lindsay and Pugliese, Amabile, Bacon, Bird, Boesenecker, Duran, English, Epps, Evans,
	41	+	Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Mabrey,
	42	+	Marshall, McCluskie, Ricks, Sirota, Snyder, Story, Taggart, Titone, Valdez, Velasco,
	43	+	Willford, Woodrow, Young
	44	+	SENATE SPONSORSHIP
	45	+	Ginal and Rich, Buckner, Cutter, Exum, Fields, Gonzales, Hansen, Hinrichsen, Jaquez
	46	+	Lewis, Kolker, Liston, Lundeen, Marchman, Mullica, Pelton B., Pelton R., Priola, Simpson,
	47	+	Will, Winter F., Zenzinger
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. agency (law enforcement) with custody of the child or youth shall follow
	51	+	before making the emergency or nonemergency continuing placement of
	52	+	a child or youth with a relative or kin.
	53	+	For emergency placements, the county department or law
	54	+	enforcement shall perform an initial criminal history record check (initial
	55	+	check) on the relative or kin and any adult who resides at the home
	56	+	(adults) using Colorado and federal databases. If the initial check reveals
	57	+	certain criminal convictions, the county department or law enforcement
	58	+	shall not place the child or youth in that home on an emergency basis. If
	59	+	the initial check does not reflect certain criminal convictions on the part
	60	+	of the adults, the child or youth may be placed in the home on an
	61	+	emergency basis.
	62	+	If the child or youth has been placed with a relative or kin on an
	63	+	emergency basis, the adults shall, no more than 5 days after the
	64	+	placement, submit a complete set of fingerprints to the county department
	65	+	or another designated third party to conduct a state and national
	66	+	fingerprint-based criminal history record check. If the results of the
	67	+	fingerprint-based criminal history record check reveal a felony
	68	+	conviction, the child or youth must be immediately removed from the
	69	+	placement unless there is a motion regarding placement pending before
	70	+	the court. A court may review the placement and affirm or deny
	71	+	placement of the child or youth with the relative or kin.
	72	+	The bill sets forth the criminal offenses or other matters that
	73	+	qualify for the denial of placement of a child or youth with the relative or
	74	+	kin.
	75	+	A county department may make a placement with a relative or kin
	76	+	who would otherwise be disqualified if such placement conforms with
	77	+	rules promulgated by the state board of human services or if a court
	78	+	affirms the placement.
	79	+	The state board of human services is granted authority to
	80	+	promulgate rules concerning emergency and nonemergency, continuing
	81	+	placement of children and youth with relatives or kin.
	82	+	Be it enacted by the General Assembly of the State of Colorado:1
	83	+	SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
	84	+	with amendments, 19-3-406 as follows:3
	85	+	19-3-406. Relatives or kin as providers of emergency,4
	86	+	nonemergency, or continued placement for children or youth - initial5
	87	+	criminal history record check - fingerprint-based criminal history6
	88	+	record check - criteria for disqualification - use of criminal justice7
	89	+	1043-2- records - rules - definitions. (1) (a) (I) A NY TIME A CHILD OR YOUTH IS1
	90	+	TAKEN INTO TEMPORARY CUSTODY BY A LAW ENFORCEMENT OFFICER AND2
	91	+	ANY TIME THE COURT PLACES TEMPORARY CUSTODY OF A CHILD OR YOUTH3
	92	+	WITH A COUNTY DEPARTMENT , OR THE COUNTY DEPARTMENT HAS THE4
	93	+	LEGAL AUTHORITY FOR PLACEMENT PURSUANT TO THIS PART 4, AND A5
	94	+	RELATIVE OR KIN, AS DEFINED IN SECTION 19-1-103, IS IDENTIFIED AS A6
	95	+	POTENTIAL EMERGENCY PLACEMENT FOR THE CHILD OR YOUTH , THE7
	96	+	COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT AGENCY SHALL8
	97	+	IMMEDIATELY CONDUCT AN INITIAL CRIMINAL HISTORY RECORD CHECK OF9
	98	+	THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR10
	99	+	TO THE COUNTY DEPARTMENT OR THE LAW ENFORCEMENT OFFICER11
	100	+	PLACING THE CHILD OR YOUTH IN THE EMERGENCY PLACEMENT .12
50	101		(II) A
51		-	COUNTY DEPARTMENT MAY PERFORM INITIAL CRIMINAL
52		-	HISTORY RECORD CHECKS THROUGH ITS STAFF OR MAY COLLABORATE WITH
53		-	LOCAL LAW ENFORCEMENT AGENCIES TO PERFORM THE INITIAL CRIMINAL
54		-	HISTORY RECORD CHECKS
55		-	. WHEN A COUNTY DEPARTMENT HAS TEMPORARY
56		-	CUSTODY OF A CHILD OR YOUTH PURSUANT TO THIS PART
57		-	4 AND CONTACTS
58		-	THE LOCAL LAW ENFORCEMENT AGENCY FOR AN INITIAL CRIMINAL HISTORY
59		-	RECORD CHECK OF THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT
60		-	THE HOME PURSUANT TO THIS SECTION
61		-	, THE LOCAL LAW ENFORCEMENT
62		-	AGENCY SHALL IMMEDIATELY PROVIDE THE COUNTY DEPARTMENT WITH A
63		-	VERBAL RESPONSE REGARDING THE RELATIVE
64		-	'S OR KIN'S AND ANY ADULT
65		-	WHO RESIDES AT THE HOME
66		-	'S CRIMINAL HISTORY AND SHALL NOT PROVIDE
67		-	THE COUNTY DEPARTMENT WITH DOCUMENTATION OF THE RELATIVE
68		-	'S OR
69		-	KIN
70		-	'S AND ANY ADULT WHO RESIDES AT THE HOME 'S CRIMINAL HISTORY,
71		-	CONSISTENT WITH FEDERAL PUBLIC LAW 92-544, AND ITS REGULATIONS
72		-	PROMULGATED
73		-	, AS AMENDED.
74		-	(b) T
75		-	HE CHILD OR YOUTH MAY NOT BE PLACED WITH THE RELATIVE
76		-	OR KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED
77		-	PURSUANT TO SUBSECTION
78		-	(1)(a) OF THIS SECTION REFLECTS A CRIMINAL
79		-	HISTORY
80		-	, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.
	102	+	COUNTY DEPARTMENT MAY PERFORM INITIAL CRIMINAL13
	103	+	HISTORY RECORD CHECKS THROUGH ITS STAFF OR MAY COLLABORATE14
	104	+	WITH LOCAL LAW ENFORCEMENT AGENCIES TO PERFORM THE INITIAL15
	105	+	CRIMINAL HISTORY RECORD CHECKS . WHEN A COUNTY DEPARTMENT HAS16
	106	+	TEMPORARY CUSTODY OF A CHILD OR YOUTH PURSUANT TO THIS PART 417
	107	+	AND CONTACTS THE LOCAL LAW ENFORCEMENT AGENCY FOR AN INITIAL18
	108	+	CRIMINAL HISTORY RECORD CHECK OF THE RELATIVE OR KIN AND ANY19
	109	+	ADULT WHO RESIDES AT THE HOME PURSUANT TO THIS SECTION , THE20
	110	+	LOCAL LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY PROVIDE THE21
	111	+	COUNTY DEPARTMENT WITH A VERBAL RESPONSE REGARDING THE22
	112	+	RELATIVE'S OR KIN'S AND ANY ADULT WHO RESIDES AT THE HOME 'S23
	113	+	CRIMINAL HISTORY AND SHALL NOT PROVIDE THE COUNTY DEPARTMENT24
	114	+	WITH DOCUMENTATION OF THE RELATIVE 'S OR KIN'S AND ANY ADULT WHO25
	115	+	RESIDES AT THE HOME'S CRIMINAL HISTORY, CONSISTENT WITH FEDERAL26
	116	+	P
	117	+	UBLIC LAW 92-544, AND ITS REGULATIONS PROMULGATED , AS AMENDED.27
	118	+	1043
	119	+	-3- (b) THE CHILD OR YOUTH MAY NOT BE PLACED WITH THE RELATIVE1
	120	+	OR KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED2
	121	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION REFLECTS A CRIMINAL3
	122	+	HISTORY, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.4
81	123		(c) T
82		-	HE CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR KIN
83		-	IF THE INITIAL CRIMINAL HISTORY RECORD CHECK DOES NOT REFLECT A
84		-	CRIMINAL HISTORY
85		-	, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.
	124	+	HE CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR5
	125	+	KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK DOES NOT REFLECT6
	126	+	A CRIMINAL HISTORY, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.7
86	127		A
87		-	FTER PLACEMENT, THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT
88		-	PAGE 2-HOUSE BILL 23-1043 THE HOME WHO ARE NOT DISQUALIFIED BASED UPON THE RESULTS OF THE
89		-	INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO
90		-	SUBSECTION
91		-	(1)(a) OF THIS SECTION SHALL COMPLETE A FINGERPRINT-BASED
92		-	CRIMINAL HISTORY RECORD CHECK AS DESCRIBED IN SUBSECTION
93		-	(2) OF THIS
94		-	SECTION
95		-	.
	128	+	FTER PLACEMENT, THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES8
	129	+	AT THE HOME WHO ARE NOT DISQUALIFIED BASED UPON THE RESULTS OF9
	130	+	THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO10
	131	+	SUBSECTION (1)(a) OF THIS SECTION SHALL COMPLETE A11
	132	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS DESCRIBED IN12
	133	+	SUBSECTION (2) OF THIS SECTION.13
96	134		(2) (a) A
97		-	RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE
98		-	HOME WHO ARE NOT DISQUALIFIED AS AN EMERGENCY PLACEMENT FOR A
99		-	CHILD OR YOUTH PURSUANT TO SUBSECTION
100		-	(1)(c) OF THIS SECTION AND
101		-	WHO ARE AUTHORIZED FOR PLACEMENT OF A CHILD OR YOUTH ON AN
102		-	EMERGENCY BASIS PURSUANT TO THIS PART
103		-	4 SHALL SUBMIT A COMPLETE
104		-	SET OF FINGERPRINTS TO THE COUNTY DEPARTMENT OR THROUGH ANOTHER
105		-	DESIGNATED THIRD PARTY APPROVED BY THE
106		-	COLORADO BUREAU OF
107		-	INVESTIGATION NO LATER THAN SEVEN CALENDAR DAYS AFTER THE CHILD
108		-	OR YOUTH IS PLACED IN THE RELATIVE
109		-	'S OR KIN'S HOME OR NO LATER THAN
110		-	FOURTEEN CALENDAR DAYS WHEN EXIGENT CIRCUMSTANCES EXIST
111		-	. THE
112		-	COUNTY DEPARTMENT OR
113		-	COLORADO BUREAU OF INVESTIGATION -APPROVED
114		-	DESIGNATED THIRD PARTY SHALL FORWARD THE COMPLETE SET OF
115		-	FINGERPRINTS TO THE
116		-	COLORADO BUREAU OF INVESTIGATION TO PERFORM
117		-	THE FINGERPRINT
118		-	-BASED CRIMINAL HISTORY RECORD CHECK PURSUANT TO
119		-	SUBSECTION
120		-	(4) OF THIS SECTION.
	135	+	RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE14
	136	+	HOME WHO ARE NOT DISQUALIFIED AS AN EMERGENCY PLACEMENT FOR A15
	137	+	CHILD OR YOUTH PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION AND16
	138	+	WHO ARE AUTHORIZED FOR PLACEMENT OF A CHILD OR YOUTH ON AN17
	139	+	EMERGENCY BASIS PURSUANT TO THIS PART 4 SHALL SUBMIT A COMPLETE18
	140	+	SET OF FINGERPRINTS TO THE COUNTY DEPARTMENT OR THROUGH19
	141	+	ANOTHER DESIGNATED THIRD PARTY APPROVED BY THE COLORADO20
	142	+	BUREAU OF INVESTIGATION NO LATER THAN
	143	+	SEVEN CALENDAR DAYS21
	144	+	AFTER THE CHILD OR YOUTH IS PLACED IN THE RELATIVE 'S OR KIN'S HOME22
	145	+	OR NO LATER THAN FOURTEEN CALENDAR DAYS WHEN EXIGENT23
	146	+	CIRCUMSTANCES EXIST. THE COUNTY DEPARTMENT OR COLORADO24
	147	+	BUREAU OF INVESTIGATION-APPROVED DESIGNATED THIRD PARTY SHALL25
	148	+	FORWARD THE COMPLETE SET OF FINGERPRINTS TO THE COLORADO26
	149	+	BUREAU OF INVESTIGATION TO PERFORM THE FINGERPRINT -BASED27
	150	+	1043
	151	+	-4- CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (4) OF THIS1
	152	+	SECTION.2
121	153		(b) I
122		-	F THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES AT THE
123		-	HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS
124		-	, THE COUNTY
125		-	DEPARTMENT SHALL NOTIFY THE PARTIES TO THE CASE
126		-	. WITHIN
127		-	SEVENTY
128		-	-TWO HOURS OF NOTIFICATION, ANY PARTY WANTING THE CHILD OR
129		-	YOUTH TO REMAIN IN THAT PLACEMENT SHALL FILE A MOTION WITH THE
130		-	COURT REGARDING PLACEMENT OF THE CHILD OR YOUTH
131		-	. THE COUNTY
132		-	DEPARTMENT OR A LAW ENFORCEMENT OFFICER
133		-	, AS APPROPRIATE, SHALL
134		-	REMOVE THE CHILD OR YOUTH FROM THE PHYSICAL CUSTODY OF THE
135		-	RELATIVE OR KIN IF NO PARTY
136		-	, WITH PROPER NOTIFICATION, HAS FILED A
137		-	MOTION TO MAINTAIN THE CHILD OR YOUTH IN THE PLACEMENT WITHIN
138		-	SEVENTY
139		-	-TWO HOURS. THE COUNTY DEPARTMENT SHALL CONFIRM WITHIN
140		-	FOURTEEN CALENDAR DAYS AFTER THE CHILD OR YOUTH HAS BEEN PLACED
141		-	WITH THE RELATIVE OR KIN THAT THE RELATIVE OR KIN AND ANY ADULT
142		-	WHO RESIDES AT THE HOME SUBMITTED A COMPLETE SET OF FINGERPRINTS
143		-	WITHIN THE TIME PERIOD SPECIFIED BY THIS SUBSECTION
144		-	(2).
145		-	(3) A
146		-	COUNTY DEPARTMENT SHALL INITIATE OR REQUEST THAT A
147		-	LOCAL LAW ENFORCEMENT AGENCY INITIATE A FINGERPRINT
148		-	-BASED
149		-	PAGE 3-HOUSE BILL 23-1043 CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY
150		-	ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH
151		-	WITH A RELATIVE OR KIN ON A NON
152		-	-EMERGENCY BASIS, WHEN THE CHILD OR
153		-	YOUTH IS PLACED ON A NON
154		-	-COURT-INVOLVED BASIS, WHEN THE COUNTY
155		-	DEPARTMENT HAS TEMPORARY LEGAL CUSTODY
156		-	, OR WHEN THE COUNTY HAS
157		-	THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR YOUTH
158		-	.
159		-	(4) (a) A
160		-	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , AS
161		-	DESCRIBED IN SUBSECTION
162		-	(2) OF THIS SECTION, MUST BE COMPLETED BY
163		-	LOCAL LAW ENFORCEMENT
164		-	; THE COUNTY DEPARTMENT ; OR ANOTHER
165		-	DESIGNATED THIRD PARTY APPROVED BY THE
166		-	COLORADO BUREAU OF
167		-	INVESTIGATION
168		-	. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE
169		-	OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION
170		-	. IF AN
171		-	APPROVED THIRD PARTY TAKES THE FINGERPRINTS
172		-	, THE FINGERPRINTS MAY
173		-	BE ELECTRONICALLY CAPTURED USING
174		-	COLORADO BUREAU OF
175		-	INVESTIGATION
176		-	-APPROVED LIVESCAN EQUIPMENT . THIRD-PARTY VENDORS
177		-	SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS
178		-	, UNLESS
179		-	REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO
180		-	RESIDES AT THE HOME
181		-	.
	154	+	F THE RELATIVE OR KIN
	155	+	OR ANY ADULT WHO RESIDES AT THE3
	156	+	HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS , THE COUNTY4
	157	+	DEPARTMENT SHALL NOTIFY THE PARTIES TO THE CASE . WITHIN5
	158	+	SEVENTY-TWO HOURS OF NOTIFICATION, ANY PARTY WANTING THE CHILD6
	159	+	OR YOUTH TO REMAIN IN THAT PLACEMENT SHALL FILE A MOTION WITH7
	160	+	THE COURT REGARDING PLACEMENT OF THE CHILD OR YOUTH. THE8
	161	+	COUNTY DEPARTMENT OR A LAW ENFORCEMENT OFFICER , AS9
	162	+	APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH FROM THE10
	163	+	PHYSICAL CUSTODY OF THE RELATIVE OR KIN IF NO PARTY, WITH PROPER11
	164	+	NOTIFICATION, HAS FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN12
	165	+	THE PLACEMENT WITHIN SEVENTY-TWO HOURS. THE COUNTY DEPARTMENT13
	166	+	SHALL CONFIRM WITHIN FOURTEEN CALENDAR DAYS AFTER THE CHILD OR14
	167	+	YOUTH HAS BEEN PLACED WITH THE RELATIVE OR KIN THAT THE RELATIVE15
	168	+	OR KIN AND ANY ADULT WHO RESIDES AT THE HOME SUBMITTED A16
	169	+	COMPLETE SET OF FINGERPRINTS WITHIN THE TIME PERIOD SPECIFIED BY17
	170	+	THIS SUBSECTION (2).18
	171	+	(3) A COUNTY DEPARTMENT SHALL INITIATE OR REQUEST THAT A19
	172	+	LOCAL LAW ENFORCEMENT AGENCY INITIATE A FINGERPRINT-BASED20
	173	+	CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY21
	174	+	ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH22
	175	+	WITH A RELATIVE OR KIN ON A NON-EMERGENCY BASIS, WHEN THE CHILD23
	176	+	OR YOUTH IS PLACED ON A NON-COURT-INVOLVED BASIS, WHEN THE24
	177	+	COUNTY DEPARTMENT HAS TEMPORARY LEGAL CUSTODY, OR WHEN THE25
	178	+	COUNTY HAS THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR26
	179	+	YOUTH.27
	180	+	1043
	181	+	-5- (4) (a) A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ,1
	182	+	AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION, MUST BE COMPLETED2
	183	+	BY LOCAL LAW ENFORCEMENT ; THE COUNTY DEPARTMENT; OR ANOTHER3
	184	+	DESIGNATED THIRD PARTY APPROVED BY THE COLORADO BUREAU OF4
	185	+	INVESTIGATION. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE5
	186	+	OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION . IF6
	187	+	AN APPROVED THIRD PARTY TAKES THE FINGERPRINTS , THE FINGERPRINTS7
	188	+	MAY BE ELECTRONICALLY CAPTURED USING COLORADO BUREAU OF8
	189	+	INVESTIGATION-APPROVED LIVESCAN EQUIPMENT. THIRD-PARTY VENDORS9
	190	+	SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS , UNLESS10
	191	+	REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO11
	192	+	RESIDES AT THE HOME.12
182	193		(b) W
183		-	HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE
184		-	HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY
185		-	DEPARTMENT
186		-	, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD
187		-	THE FINGERPRINTS TO THE
188		-	COLORADO BUREAU OF INVESTIGATION FOR THE
189		-	PURPOSE OF OBTAINING A FINGERPRINT
190		-	-BASED CRIMINAL HISTORY RECORD
191		-	CHECK
192		-	. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS , THE
193		-	COLORADO BUREAU OF INVESTIGATION SHALL C ONDUCT A STATE AND
194		-	NATIONAL FINGERPRINT
195		-	-BASED CRIMINAL HISTORY RECORD CHECK
196		-	UTILIZING RECORDS OF THE
197		-	COLORADO BUREAU OF INVESTIGATION AND THE
198		-	FEDERAL BUREAU OF INVESTIGATION
199		-	. THE COLORADO BUREAU OF
200		-	INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE STATE
201		-	AND NATIONAL FINGERPRINT
202		-	-BASED CRIMINAL HISTORY RECORD CHECKS
203		-	CONDUCTED PURSUANT TO THIS SECTION TO THE COUNTY DEPARTMENT OR
204		-	LOCAL LAW ENFORCEMENT AGENCY AUTHORIZED TO RECEIVE THE
205		-	INFORMATION
206		-	. IF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD
207		-	CHECK INDICATES THAT THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES
208		-	AT THE HOME HAVE A CRIMINAL HISTORY DESCRIBED IN SUBSECTION
209		-	(5) OF
210		-	THIS SECTION
211		-	, THE COUNTY DEPARTMENT OR THE LOCAL LAW ENFORCEMENT
212		-	OFFICER
213		-	, WHICHEVER IS APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH
214		-	FROM THE PLACEMENT
215		-	, UNLESS THERE IS A MOTION REGARDING PLACEMENT
216		-	PAGE 4-HOUSE BILL 23-1043 PENDING BEFORE THE COURT, OR IF NO PARTY, WITH PROPER NOTIFICATION,
217		-	HAS FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN THE PLACEMENT
218		-	WITHIN SEVENTY
219		-	-TWO HOURS, AND SHALL NOT PLACE A CHILD OR YOUTH IN
220		-	THE HOME WHERE A PERSON WITH THE CRIMINAL CONVICTION RESIDES
221		-	WITHOUT A COURT ORDER AFFIRMING PLACEMENT OF THE CHILD OR YOUTH
222		-	IN THE HOME OR PURSUANT TO STATE BOARD RULES
223		-	. THE COURT MAY ORDER
224		-	THE REPORTS OF FINGERPRINT
225		-	-BASED CRIMINAL HISTORY RECORD CHECKS
226		-	FROM THE
227		-	COLORADO BUREAU OF INVESTIGATION OR FROM THE FEDERAL
228		-	BUREAU OF INVESTIGATION THAT WERE RELIED UPON BY THE COUNTY TO
229		-	EVALUATE THE PLACEMENT TO BE RELEASED BY THE COUNTY DEPARTMENT
230		-	AFTER PROVIDING AN OPPORTUNITY FOR THE INDIVIDUAL WHOSE RESULTS
231		-	WOULD BE RELEASED TO OBJECT OR REQUEST APPROPRIATE PROTECTIONS OR
232		-	REDACTIONS
233		-	.
	194	+	HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT13
	195	+	THE HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY14
	196	+	DEPARTMENT, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD15
	197	+	THE FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE16
	198	+	PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD17
	199	+	CHECK. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS ,18
	200	+	THE COLORADO BUREAU OF INVESTIGATION SHALL C ONDUCT A STATE AND19
	201	+	NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK20
	202	+	UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND21
	203	+	THE FEDERAL BUREAU OF INVESTIGATION . THE COLORADO BUREAU OF22
	204	+	INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE23
	205	+	STATE AND NATIONAL FINGERPRINT -BASED CRIMINAL HISTORY RECORD24
	206	+	CHECKS CONDUCTED PURSUANT TO THIS SECTION TO THE COUNTY
	207	+	25
	208	+	DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY AUTHORIZED TO26
	209	+	RECEIVE THE INFORMATION . IF THE FINGERPRINT-BASED CRIMINAL27
	210	+	1043
	211	+	-6- HISTORY RECORD CHECK INDICATES THAT THE RELATIVE OR KIN AND ANY1
	212	+	ADULT WHO RESIDES AT THE HOME HAVE A CRIMINAL HISTORY DESCRIBED2
	213	+	IN SUBSECTION (5) OF THIS SECTION, THE COUNTY DEPARTMENT OR THE3
	214	+	LOCAL LAW ENFORCEMENT OFFICER , WHICHEVER IS APPROPRIATE, SHALL4
	215	+	REMOVE THE CHILD OR YOUTH FROM THE PLACEMENT , UNLESS THERE5
	216	+	IS A MOTION REGARDING PLACEMENT PENDING BEFORE THE COURT , OR IF6
	217	+	NO PARTY, WITH PROPER NOTIFICATION, HAS FILED A MOTION TO MAINTAIN7
	218	+	THE CHILD OR YOUTH IN THE PLACEMENT WITHIN SEVENTY -TWO HOURS,8
	219	+	AND SHALL NOT PLACE A CHILD OR YOUTH IN THE HOME WHERE A PERSON9
	220	+	WITH THE CRIMINAL CONVICTION RESIDES WITHOUT A COURT ORDER10
	221	+	AFFIRMING PLACEMENT OF THE CHILD OR YOUTH IN THE HOME OR11
	222	+	PURSUANT TO STATE BOARD RULES . THE COURT MAY ORDER THE REPORTS12
	223	+	OF FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS FROM THE13
	224	+	COLORADO BUREAU OF INVESTIGATION OR FROM THE FEDERAL BUREAU OF14
	225	+	INVESTIGATION THAT WERE RELIED UPON BY THE COUNTY TO EVALUATE15
	226	+	THE PLACEMENT TO BE RELEASED BY THE COUNTY DEPARTMENT AFTER16
	227	+	PROVIDING AN OPPORTUNITY FOR THE INDIVIDUAL WHOSE RESULTS WOULD17
	228	+	BE RELEASED TO OBJECT OR REQUEST APPROPRIATE PROTECTIONS OR18
	229	+	REDACTIONS.19
234	230		(5) A
235		-	COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT
236		-	AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR
237		-	YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR
238		-	MORE OF THE FOLLOWING CONVICTIONS
239		-	, AS "CONVICTION" IS DEFINED IN
240		-	SUBSECTION
241		-	(12) OF THIS SECTION:
	231	+	COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT20
	232	+	AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR21
	233	+	YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR22
	234	+	MORE OF THE FOLLOWING CONVICTIONS , AS "CONVICTION" IS DEFINED IN23
	235	+	SUBSECTION (12) OF THIS SECTION:24
242	236		(a) F
243		-	ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;
	237	+	ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;25
244	238		(b) M
245		-	URDER IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
246		-	18-3-102; MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
247		-	18-3-103; MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;
248		-	CRIMINALLY NEGLIGENT HOMICIDE, AS DESCRIBED IN SECTION 18-3-105; AND
249		-	VEHICULAR HOMICIDE
250		-	, AS DESCRIBED IN SECTION 18-3-106;
	239	+	URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION26
	240	+	18-3-102;
	241	+	MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION27
	242	+	1043
	243	+	-7- 18-3-103; MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;1
	244	+	CRIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION 18-3-105;2
	245	+	AND VEHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;3
251	246		(c) K
252		-	IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED IN
253		-	SECTIONS
254		-	18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT , AS
255		-	DESCRIBED IN SECTION
256		-	18-3-303;
	247	+	IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED4
	248	+	IN SECTIONS 18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT,5
	249	+	AS DESCRIBED IN SECTION 18-3-303;6
257	250		(d) A
258		-	FELONY CRIME OF VIOLENCE ENHANCER , AS DEFINED IN
259		-	SECTION
260		-	18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;
	251	+	FELONY CRIME OF VIOLENCE E NHANCER , AS DEFINED IN7
	252	+	SECTION 18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;8
261	253		(e) A
262		-	N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS
263		-	DEFINED IN SECTION
264		-	16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF A
265		-	CHILD
266		-	, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN
267		-	TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE
268		-	;
269		-	PAGE 5-HOUSE BILL 23-1043 (f) A FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN
270		-	FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE
271		-	, AS
272		-	DEFINED IN SECTION
273		-	18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;
	254	+	N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS9
	255	+	DEFINED IN SECTION 16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF10
	256	+	A CHILD, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN11
	257	+	TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE ;12
	258	+	(f) A
	259	+	FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS13
	260	+	BEEN FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE ,14
	261	+	AS DEFINED IN SECTION 18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;15
274	262		(g) A
275		-	FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN
276		-	SECTION
277		-	~~18-3-202 OR~~ 18-3-203, WITHIN THE PRECEDING FIVE YEARS;
	263	+	FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN16
	264	+	SECTION 18-3-202 OR
	265	+	18-3-203, WITHIN THE PRECEDING FIVE YEARS;17
278	266		(h) A
279		-	FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING
280		-	THREE YEARS
281		-	. IF THE RELATIVE OR KIN HAS A FELONY DRUG -RELATED
282		-	CONVICTION LESS THAN FIVE YEARS PRIOR
283		-	, ANY KINSHIP OR GUARDIANSHIP
284		-	ASSISTANCE PAYMENTS ON BEHALF OF THE CHILD OR YOUTH MUST NOT BE
285		-	MADE WITH FEDERAL MONEY PROVIDED PURSUANT TO TITLE
286		-	IV-E OF THE
287		-	FEDERAL
288		-	"SOCIAL SECURITY ACT", AS AMENDED.
	267	+	FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING18 THREE YEARS. IF THE RELATIVE OR KIN HAS A FELONY DRUG -RELATED19
	268	+	CONVICTION LESS THAN FIVE YEARS PRIOR, ANY KINSHIP OR GUARDIANSHIP20
	269	+	ASSISTANCE PAYMENTS ON BEHALF OF THE CHILD OR YOUTH MUST NOT BE21
	270	+	MADE WITH FEDERAL MONEY PROVIDED PURSUANT TO TITLE IV-E OF THE22
	271	+	FEDERAL "SOCIAL SECURITY ACT", AS AMENDED.23
289	272		(i) A
290		-	PATTERN OF MISDEMEANOR ~~CONVICTIONS RELATED TO~~
291		-	~~DOMESTIC VIOLENCE~~
292		-	, AS DEFINED BY RULE OF THE STATE BOARD , ~~WITHIN~~
293		-	THE PRECEDING FIVE YEARS
294		-	~~; OR~~
295		-	~~(j) AN~~ OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF ~~WHICH ARE~~
296		-	~~SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE OFFENSES~~
297		-	~~DESCRIBED IN SUBSECTIONS~~
298		-	(5)(a) TO (5)(i) OF THIS SECTION.
	273	+	PATTERN OF MISDEMEANOR
	274	+	CONVICTIONS RELATED TO24
	275	+	DOMESTIC VIOLENCE, AS DEFINED BY RULE OF THE STATE BOARD, WITHIN25
	276	+	THE PRECEDING FIVE YEARS; OR26
	277	+	(j) A
	278	+	N OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH27
	279	+	1043
	280	+	-8- ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE1
	281	+	OFFENSES DESCRIBED IN SUBSECTIONS (5)(a) TO (5)(i) OF THIS SECTION.2
299	282		(6) I
300		-	F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT
301		-	BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE
302		-	FINGERPRINT
303		-	-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT
304		-	WHO RESIDES AT THE HOME
305		-	, THE COUNTY DEPARTMENT SHALL PERFORM THE
306		-	FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR KIN
307		-	AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT
308		-	:
	283	+	F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT3
	284	+	BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE4
	285	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT5
	286	+	WHO RESIDES AT THE HOME, THE COUNTY DEPARTMENT SHALL PERFORM6
	287	+	THE FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR7
	288	+	KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT :8
309	289		(a) A
310		-	CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO
311		-	DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES
312		-	;
	290	+	CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO9
	291	+	DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES ;10
313	292		(b) A
314		-	CHECK OF THE STATE DEPARTMENT 'S CHILD WELFARE
315		-	INFORMATION SYSTEM AND THE EQUIVALENT REGISTRIES AND DATABASES
316		-	IN OTHER STATES IF THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE
317		-	PRIOR FIVE YEARS
318		-	, AS PRESCRIBED BY RULE, FOR INFORMATION TO INFORM
319		-	DECISIONS ABOUT PLACEMENT TO DETERMINE IF THE RELATIVE OR KIN AND
320		-	ANY ADULT WHO RESIDES AT THE HOME HAVE BEEN IDENTIFIED AS HAVING
321		-	A FINDING OF CHILD ABUSE OR NEGLECT
322		-	; AND
323		-	PAGE 6-HOUSE BILL 23-1043 (c) A CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND
324		-	AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY THE
325		-	UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND
326		-	ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE REGISTRIES
327		-	AND THE INTERACTIVE DATABASE SYSTEM FOR
328		-	COLORADO AND THE
329		-	EQUIVALENT REGISTRIES AND DATABASES IN OTHER STATES IF THE
330		-	INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE PRIOR FIVE YEARS
331		-	, AS
332		-	PRESCRIBED IN RULE
333		-	, TO DETERMINE IF A RELATIVE OR KIN OR ANY ADULT
334		-	WHO RESIDES IN THE HOME IS A REGISTERED SEX OFFENDER
335		-	.
	293	+	CHECK OF THE STATE DEPARTMENT 'S
	294	+	CHILD WELFARE11
	295	+	INFORMATION SYSTEM AND THE EQUIVALENT REGISTRIES AND DATABASES12
	296	+	IN OTHER STATES IF THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN13
	297	+	THE PRIOR FIVE YEARS, AS PRESCRIBED BY RULE, FOR INFORMATION TO14
	298	+	INFORM DECISIONS ABOUT PLACEMENT TO DETERMINE IF THE RELATIVE OR15
	299	+	KIN AND ANY ADULT WHO RESIDES AT THE HOME HAVE BEEN IDENTIFIED16
	300	+	AS HAVING A FINDING OF CHILD ABUSE OR NEGLECT; AND17
	301	+	(c) A
	302	+	CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND18
	303	+	AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY19
	304	+	THE UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND20
	305	+	ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE21
	306	+	REGISTRIES AND THE INTERACTIVE DATABASE SYSTEM FOR COLORADO22AND THE EQUIVALENT REGISTRIES AND DATABASES IN OTHER STATES IF23
	307	+	THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE PRIOR FIVE24
	308	+	YEARS, AS PRESCRIBED IN RULE, TO DETERMINE IF A RELATIVE OR KIN OR25
	309	+	ANY ADULT WHO RESIDES IN THE HOME IS A REGISTERED SEX OFFENDER .26
336	310		(7) A
337		-	COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR ~~YOUTH~~
338		-	~~IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF THE~~
339		-	RELATIVE OR KIN ~~OR ANY ADULT WHO RESIDES IN THE HOME~~
340		-	:
	311	+	COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR YOUTH27
	312	+	1043
	313	+	-9- IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF1
	314	+	THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE HOME :2
341	315		(a) H
342		-	AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN
343		-	SUBSECTION
344		-	(5) OF THIS SECTION; OR
345		-	(b) HAS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT
346		-	FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE INFORMATION
347		-	SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT FINDING HAS BEEN
348		-	DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR THE CHILD OR YOUTH
349		-	,
350		-	UNLESS THERE IS AN APPEAL PENDING FOR THE FOUNDED FINDING ; OR
351		-	(c) IS A REGISTERED SEX OFFENDER IN THE SEX OFFENDER REGISTRY
352		-	CREATED PURSUANT TO SECTION
353		-	16-22-110, OR IS A REGISTERED SEX
354		-	OFFENDER AS DETERMINED BY A CHEC K OF THE NATIONAL SEX OFFENDER
355		-	REGISTRY OPERATED BY THE
356		-	UNITED STATES DEPARTMENT OF JUSTICE.
	316	+	AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN3
	317	+	SUBSECTION (5) OF THIS SECTION; OR4
	318	+	(b) H
	319	+	AS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT5
	320	+	FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE6
	321	+	INFORMATION SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT7
	322	+	FINDING HAS BEEN DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR8
	323	+	THE CHILD OR YOUTH, UNLESS THERE IS AN APPEAL PENDING
	324	+	FOR THE9
	325	+	FOUNDED FINDING; OR10
	326	+	(c) I
	327	+	S A REGISTERED SEX OFFENDER IN THE SEX OFFENDER11
	328	+	REGISTRY CREATED PURSUANT TO SECTION 16-22-110, OR IS A REGISTERED12
	329	+	SEX OFFENDER AS DETERMINED BY A CHECK OF THE NATIONAL SEX13
	330	+	OFFENDER REGISTRY OPERATED BY THE UNITED STATES DEPARTMENT OF14
	331	+	JUSTICE.15
357	332		(8) A
358		-	COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR
359		-	ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD
360		-	OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION
361		-	(7) OF THIS SECTION
362		-	IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES PROMULGATED BY
363		-	THE STATE BOARD OR IF THERE IS A COURT ORDER AFFIRMING PLACEMENT OF
364		-	THE CHILD OR YOUTH WITH THE RELATIVE OR KIN
365		-	. WHEN ANOTHER CHILD OR
366		-	YOUTH SUBSEQUENTLY NEEDS PLACEMENT IN THE SAME HOME
367		-	, THE COUNTY
368		-	DEPARTMENT MAY PLACE THAT CHILD OR YOUTH WITH A RELATIVE OR KIN
369		-	WHO WOULD OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION
370		-	(7) OF
371		-	THIS SECTION BASED ON THE PREVIOUS DETERMINATION WITH REGARD TO
372		-	THE BACKGROUND CHECK
373		-	. THE RELATIVE OR KIN SHALL STILL COMPLY WITH
374		-	THE REQUIREMENTS OF SUBSECTION
375		-	(2) OF THIS SECTION, AND THE COUNTY
376		-	PAGE 7-HOUSE BILL 23-1043 DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE SUBSEQUENT
377		-	CHILD OR YOUTH
378		-	.
	333	+	COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR16
	334	+	ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD17
	335	+	OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS18
	336	+	SECTION IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES19
	337	+	PROMULGATED BY THE STATE BOARD OR IF THERE IS A COURT ORDER20
	338	+	AFFIRMING PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR21
	339	+	KIN. WHEN ANOTHER CHILD OR YOUTH SUBSEQUENTLY NEEDS PLACEMENT22
	340	+	IN THE SAME HOME, THE COUNTY DEPARTMENT MAY PLACE THAT CHILD OR23
	341	+	YOUTH WITH A RELATIVE OR KIN WHO WOULD OTHERWISE BE24
	342	+	DISQUALIFIED PURSUANT TO SUBSECTION (7) OF THIS SECTION BASED ON25
	343	+	THE PREVIOUS DETERMINATION WITH REGARD TO THE BACKGROUND26
	344	+	CHECK. THE RELATIVE OR KIN SHALL STILL COMPLY WITH THE27
	345	+	1043
	346	+	-10- REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, AND THE COUNTY1
	347	+	DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE2
	348	+	SUBSEQUENT CHILD OR YOUTH .3
379	349		(9) T
380		-	HE STATE BOARD SHALL PROMULGATE RULES RELATED TO
381		-	BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF CHILDREN
382		-	OR YOUTH WITH RELATIVES OR KIN
383		-	, CONSISTENT WITH THE PROVISIONS
384		-	CONTAINED IN PART
385		-	3 OF ARTICLE 72 OF TITLE 24.
	350	+	HE STATE BOARD SHALL PROMULGATE RULES RELATED TO4
	351	+	BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF5
	352	+	CHILDREN OR YOUTH WITH RELATIVES OR KIN , CONSISTENT WITH THE6
	353	+	PROVISIONS CONTAINED IN PART 3 OF ARTICLE 72 OF TITLE 24.7
386	354		(10) N
387		-	OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IF
388		-	THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE
389		-	CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS
390		-	DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING
391		-	THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN
392		-	THE HOME
393		-	, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE
394		-	FINGERPRINT
395		-	-BASED CRIMINAL HISTORY RECORD CHECK OF THAT RELATIVE
396		-	OR KIN AND ANY ADULT WHO RESIDES IN THE HOME
397		-	; EXCEPT THAT THE
398		-	COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGR OUND CHECKS
399		-	DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW ENFORCEMENT TO
400		-	DETERMINE IF THERE WERE ANY NEW CHARGES FOR OFFENSES FILED AGAINST
401		-	THAT RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME DURING
402		-	THE PRECEDING THREE MONTHS SINCE THE LAST FINGERPRINT
403		-	-BASED
404		-	CRIMINAL HISTORY RECORD CHECK
405		-	.
	355	+	OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,8
	356	+	IF THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE9
	357	+	CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS10
	358	+	DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING11
	359	+	THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN12
	360	+	THE HOME, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE13
	361	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF THAT14
	362	+	RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME ; EXCEPT15
	363	+	THAT THE COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGROUND16
	364	+	CHECKS DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW17
	365	+	ENFORCEMENT TO DETERMINE IF THERE WERE ANY NEW CHARGES FOR18
	366	+	OFFENSES FILED AGAINST THAT RELATIVE OR KIN AND ANY ADULT WHO19
	367	+	RESIDES IN THE HOME DURING THE PRECEDING THREE MONTHS SINCE THE20
	368	+	LAST FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .21
406	369		(11) (a) T
407		-	HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG THE
408		-	FINGERPRINTS OF AND NOTIFY THE APPLICABLE COUNTY DEPARTMENT OF
409		-	ANY NEW ARRESTS OF AN INDIVIDUAL WHOSE FINGERPRINTS THE COUNTY
410		-	DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY THAT THE
411		-	COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY USED FOR
412		-	FOSTER CARE CERTIFICATION
413		-	.
414		-	(b) T
415		-	HE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO
416		-	BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER
417		-	SUBMITTING THE REQUEST FOR A FINGERPRINT
418		-	-BASED CRIMINAL HISTORY
419		-	RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN
420		-	APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO THAT
421		-	THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE C OUNTY
422		-	DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION
423		-	(11)(a) OF THIS
424		-	SECTION OCCURS FOR THAT PERSON AND CONTINUES THROUGH THE
425		-	DURATION OF THE INDIVIDUAL
426		-	'S FOSTER CARE CERTIFICATION. THE COUNTY
427		-	DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED PURSUANT TO
428		-	PAGE 8-HOUSE BILL 23-1043 THIS SUBSECTION (11) AND ANY UPDATED FINGERPRINT -BASED CRIMINAL
429		-	HISTORY RECORD CHECK RESULTS FROM THE AUTOMATIC NOTIFICATION AS
430		-	A SUBSTITUTE FOR MEETING THE FINGERPRINT REQUIREMENTS FOR A PERSON
431		-	WHO IS APPLYING FOR FOSTER CARE CERTIFICATION PURSUANT TO SECTION
432		-	26-6-910.
	370	+	HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG22
	371	+	THE FINGERPRINTS OF AND NOTIFY THE APPLICABLE C OUNTY DEPARTMENT23
	372	+	OF ANY NEW ARRESTS OF AN INDIVI DUAL WHOSE FINGERPRINTS THE24
	373	+	COUNTY DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY25
	374	+	THAT THE COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY26
	375	+	USED FOR FOSTER CARE CERTIFICATION.27
	376	+	1043
	377	+	-11- (b) THE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO1
	378	+	BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER2
	379	+	SUBMITTING THE REQUEST FOR A FINGERPRINT -BASED CRIMINAL HISTORY3
	380	+	RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN4
	381	+	APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO5
	382	+	THAT THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE COUNTY6
	383	+	DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION (11)(a) OF THIS7
	384	+	SECTION OCCURS FOR THAT PERSON AND CONTINUES THROUGH THE8
	385	+	DURATION OF THE INDIVIDUAL 'S FOSTER CARE CERTIFICATION . THE9
	386	+	COUNTY DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED10
	387	+	PURSUANT TO THIS SUBSECTION (11) AND ANY UPDATED11
	388	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RESULTS FROM12
	389	+	THE AUTOMATIC NOTIFICATION AS A SUBSTITUTE FOR MEETING THE13
	390	+	FINGERPRINT REQUIREMENTS FOR A PERSON WHO IS APPLYING FOR FOSTER14
	391	+	CARE CERTIFICATION PURSUANT TO SECTION 26-6-910.15
433	392		(12) F
434		-	OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT
435		-	OTHERWISE REQUIRES
436		-	:
	393	+	OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT16
	394	+	OTHERWISE REQUIRES:17
437	395		(a) "C
438		-	ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND
439		-	INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT
440		-	, OR A PLEA
441		-	OF GUILTY OR NOLO CONTENDERE DETERMINED THROUGH THE RECORDS OF
442		-	THE
443		-	COLORADO BUREAU OF INVESTIGATION OR THE FEDERAL BUREAU OF
444		-	INVESTIGATION AND THE
445		-	COLORADO COURTS DATA ACCESS SYSTEM IN THE
446		-	STATE JUDICIAL DEPARTMENT
447		-	. "CONVICTION" DOES NOT INCLUDE A
448		-	DIVERSION OR DEFERRAL OR PLEA FOR A PERSON WHO PARTICIPATED IN AND
449		-	SUCCESSFULLY COMPLETED THE CHILD ABUSE AND CHILD NEGLECT
450		-	DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION
451		-	19-3-310. A
452		-	CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED JUDGMENT OR
453		-	ADJUDICATION AGREEMENTS
454		-	, ADJUDICATIONS, DIVERSION, DEFERRAL, OR
455		-	PLEA AGREEMENTS
456		-	. THE CONVICTIONS IDENTIFIED IN THIS SUBSECTION
457		-	(12)(a) AND SUBSECTION (5) OF THIS SECTION MUST BE DETERMINED
458		-	ACCORDING TO THE RECORDS OF THE
459		-	COLORADO BUREAU OF INVESTIGATION
460		-	OR THE FEDERAL BUREAU OF INVESTIGATION AND THE
461		-	COLORADO COURTS
462		-	DATA ACCESS SYSTEM AT THE STATE JUDICIAL SYSTEM
463		-	. A SCREENING
464		-	REQUEST IN
465		-	COLORADO MUST BE MADE PURSUANT TO SECTION 19-1-307
466		-	(2)(k),
467		-	RULES PROMULGATED BY THE STATE BOARD PURSUANT TO SECTION
468		-	19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A CERTIFIED COPY OF THE
469		-	JUDGMENT OF A COURT OF COMPETENT JURISDICTION OF THE CONVICTION OR
470		-	A DEFERRED ADJUDICATION AGREEMENT IS PRIMA FACIE EVIDENCE OF A
471		-	CONVICTION OR AGREEMENT
472		-	.
	396	+	ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND18
	397	+	INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT ,
	398	+	OR A19
	399	+	PLEA OF GUILTY OR NOLO CONTENDERE DETERMINED THROUGH THE20
	400	+	RECORDS OF THE COLORADO BUREAU OF INVESTIGATION OR THE FEDERAL21
	401	+	BUREAU OF INVESTIGATION AND THE COLORADO COURTS DATA ACCESS22
	402	+	SYSTEM IN THE STATE JUDICIAL DEPARTMENT . "CONVICTION" DOES NOT23
	403	+	INCLUDE A DIVERSION OR DEFERRAL OR PLEA FOR A PERSON WHO24
	404	+	PARTICIPATED IN AND SUCCESSFULLY COMPLETED THE CHILD ABUSE AND25
	405	+	CHILD NEGLECT DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION26
	406	+	19-3-310.
	407	+	A CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED27
	408	+	1043
	409	+	-12- JUDGMENT OR ADJUDICATION AGREEMENTS , ADJUDICATIONS, DIVERSION,1
	410	+	DEFERRAL, OR PLEA AGREEMENTS. THE CONVICTIONS IDENTIFIED IN THIS2
	411	+	SUBSECTION (12)(a) AND SUBSECTION (5) OF THIS SECTION MUST BE3
	412	+	DETERMINED ACCORDING TO THE RECORDS OF THE COLORADO BUREAU OF4
	413	+	INVESTIGATION OR THE FEDERAL BUREAU OF INVESTIGATION AND THE5
	414	+	C
	415	+	OLORADO COURTS DATA ACCESS SYSTEM AT THE STATE JUDICIAL6
	416	+	SYSTEM. A SCREENING REQUEST IN COLORADO MUST BE MADE PURSUANT7
	417	+	TO SECTION 19-1-307 (2)(k), RULES PROMULGATED BY THE STATE BOARD8
	418	+	PURSUANT TO SECTION 19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A9
	419	+	CERTIFIED COPY OF THE JUDGMENT OF A COURT OF COMPETENT10
	420	+	JURISDICTION OF THE CONVICTION OR A DEFERRED ADJUDICATION11
	421	+	AGREEMENT IS PRIMA FACIE EVIDENCE OF A CONVICTION OR AGREEMENT .12
473	422		(b) "I
474		-	NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A
475		-	COLORADO CRIME INFORMATION CENTER OR NATIONAL CRIME INFORMATION
476		-	CENTER CHECK
477		-	.
478		-	SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.
479		-	SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)
480		-	as follows:
481		-	PAGE 9-HOUSE BILL 23-1043 19-3-508. Neglected or dependent child - disposition -
	423	+	NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A13
	424	+	C
	425	+	OLORADO CRIME INFORMATION CENTER OR NATIONAL CRIME
	426	+	14
	427	+	INFORMATION CENTER CHECK .15
	428	+	SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.16
	429	+	SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)17
	430	+	as follows:18
	431	+	19-3-508. Neglected or dependent child - disposition -19
482	432		concurrent planning. (8) When entering a decree placing the child
483		-	OR
484		-	YOUTH
485		-	in the legal custody of a relative or placing the child OR YOUTH in
486		-	the legal custody of a county department for placement in a foster care
	433	+	OR20
	434	+	YOUTH in the legal custody of a relative or placing the child OR YOUTH in21
	435	+	the legal custody of a county department for placement in a foster care22
487	436		home, the court shall ensure that the child's
488		-	OR YOUTH'S placement at ~~the~~
	437	+	OR YOUTH'S placement at the23
489	438		time of the hearing is in the best interests of the child
490		-	OR YOUTH and ~~shall~~
491		-	inquire about documentation that the county department or a ~~licensed child~~
492		-	placement agency has adequately screened the foster care ~~provider or the~~
493		-	family member who is seeking to care for the child
494		-	OR YOUTH ~~and any adult~~
495		-	~~residing in that home and that all of the criminal history record checks and~~
496		-	~~other background checks have been completed as required pursuant to~~
497		-	~~section 26-6-910 or 19-3-407~~
498		-	SECTION 26-6-910 OR 19-3-406.
499		-	SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)
500		-	introductory portion and (3)(b) as follows:
501		-	19-3-605. Request for placement with family members. (3) In
	439	+	OR YOUTH and shall24
	440	+	inquire about documentation that the county department or a licensed25
	441	+	child placement agency has adequately screened the foster care provider26
	442	+	or the family member who is seeking to care for the child
	443	+	OR YOUTH and27
	444	+	1043
	445	+	-13- any adult residing in that home and that all of the criminal history record1
	446	+	checks and other background checks have been completed as required2
	447	+	pursuant to section 26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406.3
	448	+	SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)4
	449	+	introductory portion and (3)(b) as follows:5
	450	+	19-3-605. Request for placement with family members. (3) In6
502	451		making placement determinations concerning a child
503		-	OR YOUTH ~~following~~
504		-	the order of termination of the parent-child legal relationship pursuant ~~to the~~
505		-	provisions of this section, the court shall consider all ~~pertinent information~~
506		-	related to modifying the placement of the child
507		-	OR ~~YOUTH prior to removing~~
508		-	the child
	452	+	OR YOUTH following7
	453	+	the order of termination of the parent-child legal relationship pursuant to8
	454	+	the provisions of this section, the court shall consider all pertinent9
	455	+	information related to modifying the placement of the child
	456	+	OR YOUTH10
	457	+	prior to removing the child
509	458		OR YOUTH from his or her
510		-	THE CHILD'S OR YOUTH'S placement,
511		-	including: the following:
512		-	(b) Whether the child's OR YOUTH'S placement at the time of the
	459	+	THE CHILD'S OR11
	460	+	YOUTH'S placement, including: the following:12
	461	+	(b) Whether the child's
	462	+	OR YOUTH'S placement at the time of the13
513	463		hearing is a safe and potentially permanent placement for the child
514		-	OR
515		-	YOUTH
516		-	, including documentation that a county department or a licensed
517		-	child placement agency has adequately screened the family member who is
518		-	seeking to care for the child
519		-	OR YOUTH and any adult residing in the home
520		-	and that all of the criminal history record checks and other background
521		-	checks have been completed as required pursuant to section 26-6-910 or
522		-	19-3-407 SECTION 26-6-910 OR 19-3-406;
523		-	SECTION 5. In Colorado Revised Statutes, 26-6-911, amend
524		-	(2)(d) as follows:
525		-	26-6-911. Foster care - kinship care - rules applying generally
526		-	- rule-making. (2) At a minimum, the rules described in subsection (1) of
527		-	this section must include the following:
528		-	PAGE 10-HOUSE BILL 23-1043 (d) A list of actions a county department or child placement agency
529		-	shall take if a disqualifying factor is found during any of the background
530		-	checks specified in section
531		-	SECTIONS 26-6-910 (5) and (6) and section
532		-	19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);
533		-	SECTION 6. Act subject to petition - effective date. This act
534		-	takes effect at 12:01 a.m. on the day following the expiration of the
535		-	ninety-day period after final adjournment of the general assembly; except
536		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
537		-	of the state constitution against this act or an item, section, or part of this act
538		-	within such period, then the act, item, section, or part will not take effect
539		-	unless approved by the people at the general election to be held in
540		-	PAGE 11-HOUSE BILL 23-1043 November 2024 and, in such case, will take effect on the date of the official
541		-	declaration of the vote thereon by the governor.
542		-	____________________________ ____________________________
543		-	Julie McCluskie Steve Fenberg
544		-	SPEAKER OF THE HOUSE PRESIDENT OF
545		-	OF REPRESENTATIVES THE SENATE
546		-	____________________________ ____________________________
547		-	Robin Jones Cindi L. Markwell
548		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
549		-	OF REPRESENTATIVES THE SENATE
550		-	APPROVED________________________________________
551		-	(Date and Time)
552		-	_________________________________________
553		-	Jared S. Polis
554		-	GOVERNOR OF THE STATE OF COLORADO
555		-	PAGE 12-HOUSE BILL 23-1043
	464	+	OR14
	465	+	YOUTH, including documentation that a county department or a licensed15
	466	+	child placement agency has adequately screened the family member who16
	467	+	is seeking to care for the child
	468	+	OR YOUTH and any adult residing in the17
	469	+	home and that all of the criminal history record checks and other18
	470	+	background checks have been completed as required pursuant to section
	471	+	19
	472	+	26-6-910 or 19-3-407 SECTION 26-6-910 OR 19-3-406;20
	473	+	SECTION 5. In Colorado Revised Statutes, 26-6-911, amend21
	474	+	(2)(d) as follows:22
	475	+	26-6-911. Foster care - kinship care - rules applying generally23
	476	+	- rule-making. (2) At a minimum, the rules described in subsection (1)24
	477	+	of this section must include the following:25
	478	+	(d) A list of actions a county department or child placement26
	479	+	agency shall take if a disqualifying factor is found during any of the27
	480	+	1043
	481	+	-14- background checks specified in section SECTIONS 26-6-910 (5) and (6)1
	482	+	and section 19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);2
	483	+	SECTION 6. Act subject to petition - effective date. This act3
	484	+	takes effect at 12:01 a.m. on the day following the expiration of the4
	485	+	ninety-day period after final adjournment of the general assembly; except5
	486	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V6
	487	+	of the state constitution against this act or an item, section, or part of this7
	488	+	act within such period, then the act, item, section, or part will not take8
	489	+	effect unless approved by the people at the general election to be held in9
	490	+	November 2024 and, in such case, will take effect on the date of the10
	491	+	official declaration of the vote thereon by the governor.11
	492	+	1043
	493	+	-15-