HOUSE BILL 23-1043
BY REPRESENTATIVE(S) Lindsay and Pugliese, Amabile, Bacon, Bird,
Boesenecker, Duran, English, Epps, Evans, Froelich, Gonzales-Gutierrez,
Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Mabrey, Marshall, Ricks,
Sirota, Snyder, Story, Taggart, Titone, Valdez, Velasco, Willford,
Woodrow, Young, McCluskie, Armagost, Dickson, Frizell, Garcia,
McCormick, McLachlan, Michaelson Jenet, Weinberg, Winter T.;
also SENATOR(S) Ginal and Rich, Buckner, Cutter, Exum, Fields,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Liston, Lundeen,
Marchman, Mullica, Pelton B., Pelton R., Priola, Simpson, Will, Winter F.,
Zenzinger.
C
ONCERNING THE SAFETY OF CHILDREN AND YOUTH THROUGH REQUIRED
BACKGROUND CHECKS ON ADULTS WHEN A CHILD OR YOUTH IS
PLACED OUT OF THE HOME WITH KIN
, INCLUDING RELATIVES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 19-3-406 as follows:
19-3-406. Relatives or kin as providers of emergency,
nonemergency, or continued placement for children or youth - initial
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. criminal history record check - fingerprint-based criminal history
record check - criteria for disqualification - use of criminal justice
records - rules - definitions. (1) (a) (I) A
NY TIME A CHILD OR YOUTH IS
TAKEN INTO TEMPORARY CUSTODY BY A LAW ENFORCEMENT OFFICER AND
ANY TIME THE COURT PLACES TEMPORARY CUSTODY OF A CHILD OR YOUTH
WITH A COUNTY DEPARTMENT
, OR THE COUNTY DEPARTMENT HAS THE
LEGAL AUTHORITY FOR PLACEMENT PURSUANT TO THIS PART
4, AND A
RELATIVE OR KIN
, AS DEFINED IN SECTION 19-1-103, IS IDENTIFIED AS A
POTENTIAL EMERGENCY PLACEMENT FOR THE CHILD OR YOUTH
, THE COUNTY
DEPARTMENT OR A LOCAL LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY
CONDUCT AN INITIAL CRIMINAL HISTORY RECORD CHECK OF THE RELATIVE
OR KIN AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO THE COUNTY
DEPARTMENT OR THE LAW ENFORCEMENT OFFICER PLACING THE CHILD OR
YOUTH IN THE EMERGENCY PLACEMENT
.
(II) A
COUNTY DEPARTMENT MAY PERFORM INITIAL CRIMINAL
HISTORY RECORD CHECKS THROUGH ITS STAFF OR MAY COLLABORATE WITH
LOCAL LAW ENFORCEMENT AGENCIES TO PERFORM THE INITIAL CRIMINAL
HISTORY RECORD CHECKS
. WHEN A COUNTY DEPARTMENT HAS TEMPORARY
CUSTODY OF A CHILD OR YOUTH PURSUANT TO THIS PART
4 AND CONTACTS
THE LOCAL LAW ENFORCEMENT AGENCY FOR AN INITIAL CRIMINAL HISTORY
RECORD CHECK OF THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT
THE HOME PURSUANT TO THIS SECTION
, THE LOCAL LAW ENFORCEMENT
AGENCY SHALL IMMEDIATELY PROVIDE THE COUNTY DEPARTMENT WITH A
VERBAL RESPONSE REGARDING THE RELATIVE
'S OR KIN'S AND ANY ADULT
WHO RESIDES AT THE HOME
'S CRIMINAL HISTORY AND SHALL NOT PROVIDE
THE COUNTY DEPARTMENT WITH DOCUMENTATION OF THE RELATIVE
'S OR
KIN
'S AND ANY ADULT WHO RESIDES AT THE HOME 'S CRIMINAL HISTORY,
CONSISTENT WITH FEDERAL PUBLIC LAW 92-544, AND ITS REGULATIONS
PROMULGATED
, AS AMENDED.
(b) T
HE CHILD OR YOUTH MAY NOT BE PLACED WITH THE RELATIVE
OR KIN IF THE INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED
PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION REFLECTS A CRIMINAL
HISTORY
, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.
(c) T
HE CHILD OR YOUTH MAY BE PLACED WITH THE RELATIVE OR KIN
IF THE INITIAL CRIMINAL HISTORY RECORD CHECK DOES NOT REFLECT A
CRIMINAL HISTORY
, AS DESCRIBED IN SUBSECTION (5) OF THIS SECTION.
A
FTER PLACEMENT, THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT
PAGE 2-HOUSE BILL 23-1043 THE HOME WHO ARE NOT DISQUALIFIED BASED UPON THE RESULTS OF THE
INITIAL CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO
SUBSECTION
(1)(a) OF THIS SECTION SHALL COMPLETE A FINGERPRINT-BASED
CRIMINAL HISTORY RECORD CHECK AS DESCRIBED IN SUBSECTION
(2) OF THIS
SECTION
.
(2) (a) A
RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE
HOME WHO ARE NOT DISQUALIFIED AS AN EMERGENCY PLACEMENT FOR A
CHILD OR YOUTH PURSUANT TO SUBSECTION
(1)(c) OF THIS SECTION AND
WHO ARE AUTHORIZED FOR PLACEMENT OF A CHILD OR YOUTH ON AN
EMERGENCY BASIS PURSUANT TO THIS PART
4 SHALL SUBMIT A COMPLETE
SET OF FINGERPRINTS TO THE COUNTY DEPARTMENT OR THROUGH ANOTHER
DESIGNATED THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF
INVESTIGATION NO LATER THAN SEVEN CALENDAR DAYS AFTER THE CHILD
OR YOUTH IS PLACED IN THE RELATIVE
'S OR KIN'S HOME OR NO LATER THAN
FOURTEEN CALENDAR DAYS WHEN EXIGENT CIRCUMSTANCES EXIST
. THE
COUNTY DEPARTMENT OR
COLORADO BUREAU OF INVESTIGATION -APPROVED
DESIGNATED THIRD PARTY SHALL FORWARD THE COMPLETE SET OF
FINGERPRINTS TO THE
COLORADO BUREAU OF INVESTIGATION TO PERFORM
THE FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK PURSUANT TO
SUBSECTION
(4) OF THIS SECTION.
(b) I
F THE RELATIVE OR KIN OR ANY ADULT WHO RESIDES AT THE
HOME FAIL TO SUBMIT A COMPLETE SET OF FINGERPRINTS
, THE COUNTY
DEPARTMENT SHALL NOTIFY THE PARTIES TO THE CASE
. WITHIN
SEVENTY
-TWO HOURS OF NOTIFICATION, ANY PARTY WANTING THE CHILD OR
YOUTH TO REMAIN IN THAT PLACEMENT SHALL FILE A MOTION WITH THE
COURT REGARDING PLACEMENT OF THE CHILD OR YOUTH
. THE COUNTY
DEPARTMENT OR A LAW ENFORCEMENT OFFICER
, AS APPROPRIATE, SHALL
REMOVE THE CHILD OR YOUTH FROM THE PHYSICAL CUSTODY OF THE
RELATIVE OR KIN IF NO PARTY
, WITH PROPER NOTIFICATION, HAS FILED A
MOTION TO MAINTAIN THE CHILD OR YOUTH IN THE PLACEMENT WITHIN
SEVENTY
-TWO HOURS. THE COUNTY DEPARTMENT SHALL CONFIRM WITHIN
FOURTEEN CALENDAR DAYS AFTER THE CHILD OR YOUTH HAS BEEN PLACED
WITH THE RELATIVE OR KIN THAT THE RELATIVE OR KIN AND ANY ADULT
WHO RESIDES AT THE HOME SUBMITTED A COMPLETE SET OF FINGERPRINTS
WITHIN THE TIME PERIOD SPECIFIED BY THIS SUBSECTION
(2).
(3) A
COUNTY DEPARTMENT SHALL INITIATE OR REQUEST THAT A
LOCAL LAW ENFORCEMENT AGENCY INITIATE A FINGERPRINT
-BASED
PAGE 3-HOUSE BILL 23-1043 CRIMINAL HISTORY RECORD CHECK OF THE RELATIVES OR KIN AND ANY
ADULT WHO RESIDES AT THE HOME PRIOR TO PLACING A CHILD OR YOUTH
WITH A RELATIVE OR KIN ON A NON
-EMERGENCY BASIS, WHEN THE CHILD OR
YOUTH IS PLACED ON A NON
-COURT-INVOLVED BASIS, WHEN THE COUNTY
DEPARTMENT HAS TEMPORARY LEGAL CUSTODY
, OR WHEN THE COUNTY HAS
THE LEGAL AUTHORITY FOR PLACEMENT OF A CHILD OR YOUTH
.
(4) (a) A
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , AS
DESCRIBED IN SUBSECTION
(2) OF THIS SECTION, MUST BE COMPLETED BY
LOCAL LAW ENFORCEMENT
; THE COUNTY DEPARTMENT ; OR ANOTHER
DESIGNATED THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF
INVESTIGATION
. THE COUNTY DEPARTMENT SHALL CONDUCT ALL OF THE
OTHER REQUIRED BACKGROUND CHECKS DESCRIBED IN THIS SECTION
. IF AN
APPROVED THIRD PARTY TAKES THE FINGERPRINTS
, THE FINGERPRINTS MAY
BE ELECTRONICALLY CAPTURED USING
COLORADO BUREAU OF
INVESTIGATION
-APPROVED LIVESCAN EQUIPMENT . THIRD-PARTY VENDORS
SHALL NOT KEEP THE INFORMATION FOR MORE THAN THIRTY DAYS
, UNLESS
REQUESTED TO DO SO BY THE RELATIVE OR KIN AND ANY ADULT WHO
RESIDES AT THE HOME
.
(b) W
HEN A RELATIVE OR KIN AND ANY ADULT WHO RESIDES AT THE
HOME SUBMIT A COMPLETE SET OF FINGERPRINTS TO THE COUNTY
DEPARTMENT
, THE COUNTY DEPARTMENT SHALL IMMEDIATELY FORWARD
THE FINGERPRINTS TO THE
COLORADO BUREAU OF INVESTIGATION FOR THE
PURPOSE OF OBTAINING A FINGERPRINT
-BASED CRIMINAL HISTORY RECORD
CHECK
. UPON RECEIPT OF FINGERPRINTS AND PAYMENT FOR THE COSTS , THE
COLORADO BUREAU OF INVESTIGATION SHALL C ONDUCT A STATE AND
NATIONAL FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK
UTILIZING RECORDS OF THE
COLORADO BUREAU OF INVESTIGATION AND THE
FEDERAL BUREAU OF INVESTIGATION
. THE COLORADO BUREAU OF
INVESTIGATION SHALL IMMEDIATELY FORWARD THE RESULTS OF THE STATE
AND NATIONAL FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECKS
CONDUCTED PURSUANT TO THIS SECTION TO THE COUNTY DEPARTMENT OR
LOCAL LAW ENFORCEMENT AGENCY AUTHORIZED TO RECEIVE THE
INFORMATION
. IF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK INDICATES THAT THE RELATIVE OR KIN AND ANY ADULT WHO RESIDES
AT THE HOME HAVE A CRIMINAL HISTORY DESCRIBED IN SUBSECTION
(5) OF
THIS SECTION
, THE COUNTY DEPARTMENT OR THE LOCAL LAW ENFORCEMENT
OFFICER
, WHICHEVER IS APPROPRIATE, SHALL REMOVE THE CHILD OR YOUTH
FROM THE PLACEMENT
, UNLESS THERE IS A MOTION REGARDING PLACEMENT
PAGE 4-HOUSE BILL 23-1043 PENDING BEFORE THE COURT, OR IF NO PARTY, WITH PROPER NOTIFICATION,
HAS FILED A MOTION TO MAINTAIN THE CHILD OR YOUTH IN THE PLACEMENT
WITHIN SEVENTY
-TWO HOURS, AND SHALL NOT PLACE A CHILD OR YOUTH IN
THE HOME WHERE A PERSON WITH THE CRIMINAL CONVICTION RESIDES
WITHOUT A COURT ORDER AFFIRMING PLACEMENT OF THE CHILD OR YOUTH
IN THE HOME OR PURSUANT TO STATE BOARD RULES
. THE COURT MAY ORDER
THE REPORTS OF FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECKS
FROM THE
COLORADO BUREAU OF INVESTIGATION OR FROM THE FEDERAL
BUREAU OF INVESTIGATION THAT WERE RELIED UPON BY THE COUNTY TO
EVALUATE THE PLACEMENT TO BE RELEASED BY THE COUNTY DEPARTMENT
AFTER PROVIDING AN OPPORTUNITY FOR THE INDIVIDUAL WHOSE RESULTS
WOULD BE RELEASED TO OBJECT OR REQUEST APPROPRIATE PROTECTIONS OR
REDACTIONS
.
(5) A
COUNTY DEPARTMENT OR A LOCAL LAW ENFORCEMENT
AGENCY SHALL NOT PLACE OR CONTINUE THE PLACEMENT OF A CHILD OR
YOUTH IN A HOME WHERE A PERSON HAS A CRIMINAL HISTORY OF ONE OR
MORE OF THE FOLLOWING CONVICTIONS
, AS "CONVICTION" IS DEFINED IN
SUBSECTION
(12) OF THIS SECTION:
(a) F
ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;
(b) M
URDER IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
18-3-102; MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
18-3-103; MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;
CRIMINALLY NEGLIGENT HOMICIDE, AS DESCRIBED IN SECTION 18-3-105; AND
VEHICULAR HOMICIDE
, AS DESCRIBED IN SECTION 18-3-106;
(c) K
IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED IN
SECTIONS
18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT , AS
DESCRIBED IN SECTION
18-3-303;
(d) A
FELONY CRIME OF VIOLENCE ENHANCER , AS DEFINED IN
SECTION
18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;
(e) A
N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS
DEFINED IN SECTION
16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF A
CHILD
, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE
;
PAGE 5-HOUSE BILL 23-1043 (f) A FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN
FOUND BY THE COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE
, AS
DEFINED IN SECTION
18-6-800.3, WITHIN THE PRECEDING FIVE YEARS;
(g) A
FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN
SECTION
18-3-202 OR 18-3-203, WITHIN THE PRECEDING FIVE YEARS;
(h) A
FELONY DRUG-RELATED OFFENSE WITHIN THE PRECEDING
THREE YEARS
. IF THE RELATIVE OR KIN HAS A FELONY DRUG -RELATED
CONVICTION LESS THAN FIVE YEARS PRIOR
, ANY KINSHIP OR GUARDIANSHIP
ASSISTANCE PAYMENTS ON BEHALF OF THE CHILD OR YOUTH MUST NOT BE
MADE WITH FEDERAL MONEY PROVIDED PURSUANT TO TITLE
IV-E OF THE
FEDERAL
"SOCIAL SECURITY ACT", AS AMENDED.
(i) A
PATTERN OF MISDEMEANOR CONVICTIONS RELATED TO
DOMESTIC VIOLENCE
, AS DEFINED BY RULE OF THE STATE BOARD , WITHIN
THE PRECEDING FIVE YEARS
; OR
(j) AN OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH ARE
SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE OFFENSES
DESCRIBED IN SUBSECTIONS
(5)(a) TO (5)(i) OF THIS SECTION.
(6) I
F A RELATIVE OR KIN WAS NOT DISQUALIFIED AS A PLACEMENT
BASED UPON THE INITIAL CRIMINAL HISTORY RECORD CHECK OR THE
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECKS OF ANY ADULT
WHO RESIDES AT THE HOME
, THE COUNTY DEPARTMENT SHALL PERFORM THE
FOLLOWING ADDITIONAL BACKGROUND CHECKS OF THE RELATIVE OR KIN
AND ANY ADULT WHO RESIDES AT THE HOME PRIOR TO PLACEMENT
:
(a) A
CHECK OF THE COLORADO COURTS DATA ACCESS SYSTEM TO
DETERMINE THE STATUS OR DISPOSITION OF ANY CRIMINAL CHARGES
;
(b) A
CHECK OF THE STATE DEPARTMENT 'S CHILD WELFARE
INFORMATION SYSTEM AND THE EQUIVALENT REGISTRIES AND DATABASES
IN OTHER STATES IF THE INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE
PRIOR FIVE YEARS
, AS PRESCRIBED BY RULE, FOR INFORMATION TO INFORM
DECISIONS ABOUT PLACEMENT TO DETERMINE IF THE RELATIVE OR KIN AND
ANY ADULT WHO RESIDES AT THE HOME HAVE BEEN IDENTIFIED AS HAVING
A FINDING OF CHILD ABUSE OR NEGLECT
; AND
PAGE 6-HOUSE BILL 23-1043 (c) A CHECK AGAINST THE STATE'S SEX OFFENDER REGISTRY AND
AGAINST THE NATIONAL SEX OFFENDER PUBLIC REGISTRY OPERATED BY THE
UNITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND
ADDRESSES AGAINST THE KNOWN NAMES AND ADDRESSES IN THE REGISTRIES
AND THE INTERACTIVE DATABASE SYSTEM FOR
COLORADO AND THE
EQUIVALENT REGISTRIES AND DATABASES IN OTHER STATES IF THE
INDIVIDUAL HAS RESIDED IN ANOTHER STATE IN THE PRIOR FIVE YEARS
, AS
PRESCRIBED IN RULE
, TO DETERMINE IF A RELATIVE OR KIN OR ANY ADULT
WHO RESIDES IN THE HOME IS A REGISTERED SEX OFFENDER
.
(7) A
COUNTY DEPARTMENT SHALL NOT LEAVE A CHILD OR YOUTH
IN PLACEMENT OR PLACE A CHILD OR YOUTH WITH A RELATIVE OR KIN IF THE
RELATIVE OR KIN OR ANY ADULT WHO RESIDES IN THE HOME
:
(a) H
AS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN
SUBSECTION
(5) OF THIS SECTION; OR
(b) HAS BEEN IDENTIFIED AS HAVING A CHILD ABUSE OR NEGLECT
FOUNDED FINDING THROUGH A CHECK OF THE CHILD WELFARE INFORMATION
SYSTEM WITHIN THE PRECEDING FIVE YEARS AND THAT FINDING HAS BEEN
DETERMINED TO PRESENT AN UNSAFE PLACEMENT FOR THE CHILD OR YOUTH
,
UNLESS THERE IS AN APPEAL PENDING FOR THE FOUNDED FINDING ; OR
(c) IS A REGISTERED SEX OFFENDER IN THE SEX OFFENDER REGISTRY
CREATED PURSUANT TO SECTION
16-22-110, OR IS A REGISTERED SEX
OFFENDER AS DETERMINED BY A CHEC K OF THE NATIONAL SEX OFFENDER
REGISTRY OPERATED BY THE
UNITED STATES DEPARTMENT OF JUSTICE.
(8) A
COUNTY DEPARTMENT MAY MAKE A PLACEMENT WITH OR
ALLOW CONTINUED PLACEMENT WITH A RELATIVE OR KIN WHO WOULD
OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION
(7) OF THIS SECTION
IF SUCH PLACEMENT OCCURS ACCORDING TO THE RULES PROMULGATED BY
THE STATE BOARD OR IF THERE IS A COURT ORDER AFFIRMING PLACEMENT OF
THE CHILD OR YOUTH WITH THE RELATIVE OR KIN
. WHEN ANOTHER CHILD OR
YOUTH SUBSEQUENTLY NEEDS PLACEMENT IN THE SAME HOME
, THE COUNTY
DEPARTMENT MAY PLACE THAT CHILD OR YOUTH WITH A RELATIVE OR KIN
WHO WOULD OTHERWISE BE DISQUALIFIED PURSUANT TO SUBSECTION
(7) OF
THIS SECTION BASED ON THE PREVIOUS DETERMINATION WITH REGARD TO
THE BACKGROUND CHECK
. THE RELATIVE OR KIN SHALL STILL COMPLY WITH
THE REQUIREMENTS OF SUBSECTION
(2) OF THIS SECTION, AND THE COUNTY
PAGE 7-HOUSE BILL 23-1043 DEPARTMENT OR THE COURT SHALL AFFIRM PLACEMENT OF THE SUBSEQUENT
CHILD OR YOUTH
.
(9) T
HE STATE BOARD SHALL PROMULGATE RULES RELATED TO
BACKGROUND CHECKS OF RELATIVES OR KIN AND PLACEMENT OF CHILDREN
OR YOUTH WITH RELATIVES OR KIN
, CONSISTENT WITH THE PROVISIONS
CONTAINED IN PART
3 OF ARTICLE 72 OF TITLE 24.
(10) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IF
THE COUNTY DEPARTMENT VERIFIES AND DOCUMENTS THAT ALL OF THE
CRIMINAL HISTORY RECORD CHECKS AND OTHER BACKGROUND CHECKS
DESCRIBED IN THIS SECTION HAVE BEEN COMPLETED IN THE PRECEDING
THREE MONTHS FOR A RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN
THE HOME
, THE COUNTY DEPARTMENT DOES NOT NEED TO REPEAT THE
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK OF THAT RELATIVE
OR KIN AND ANY ADULT WHO RESIDES IN THE HOME
; EXCEPT THAT THE
COUNTY DEPARTMENT SHALL REPEAT THE OTHER BACKGR OUND CHECKS
DESCRIBED IN THIS SECTION AND CONTACT LOCAL LAW ENFORCEMENT TO
DETERMINE IF THERE WERE ANY NEW CHARGES FOR OFFENSES FILED AGAINST
THAT RELATIVE OR KIN AND ANY ADULT WHO RESIDES IN THE HOME DURING
THE PRECEDING THREE MONTHS SINCE THE LAST FINGERPRINT
-BASED
CRIMINAL HISTORY RECORD CHECK
.
(11) (a) T
HE COLORADO BUREAU OF INVESTIGATION SHALL FLAG THE
FINGERPRINTS OF AND NOTIFY THE APPLICABLE COUNTY DEPARTMENT OF
ANY NEW ARRESTS OF AN INDIVIDUAL WHOSE FINGERPRINTS THE COUNTY
DEPARTMENT SUBMITS TO A LOCAL LAW ENFORCEMENT AGENCY THAT THE
COUNTY DEPARTMENT ALSO INTENDS TO BE SUBSEQUENTLY USED FOR
FOSTER CARE CERTIFICATION
.
(b) T
HE COUNTY DEPARTMENT SHALL NOTIFY THE COLORADO
BUREAU OF INVESTIGATION WITHIN FIVE CALENDAR DAYS AFTER
SUBMITTING THE REQUEST FOR A FINGERPRINT
-BASED CRIMINAL HISTORY
RECORD CHECK WHEN THE COUNTY DEPARTMENT INTENDS TO ACCEPT AN
APPLICATION FOR FOSTER CARE CERTIFICATION FROM THAT PERSON SO THAT
THE FLAGGING AND AUTOMATIC NOTIFICATION TO THE C OUNTY
DEPARTMENT OF NEW ARRESTS PURSUANT TO SUBSECTION
(11)(a) OF THIS
SECTION OCCURS FOR THAT PERSON AND CONTINUES THROUGH THE
DURATION OF THE INDIVIDUAL
'S FOSTER CARE CERTIFICATION. THE COUNTY
DEPARTMENT SHALL USE THE SAME FINGERPRINTS RECEIVED PURSUANT TO
PAGE 8-HOUSE BILL 23-1043 THIS SUBSECTION (11) AND ANY UPDATED FINGERPRINT -BASED CRIMINAL
HISTORY RECORD CHECK RESULTS FROM THE AUTOMATIC NOTIFICATION AS
A SUBSTITUTE FOR MEETING THE FINGERPRINT REQUIREMENTS FOR A PERSON
WHO IS APPLYING FOR FOSTER CARE CERTIFICATION PURSUANT TO SECTION
26-6-910.
(12) F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "C
ONVICTION" MEANS A CONVICTION BY A JURY OR COURT AND
INCLUDES A DEFERRED JUDGMENT AND SENTENCE AGREEMENT
, OR A PLEA
OF GUILTY OR NOLO CONTENDERE DETERMINED THROUGH THE RECORDS OF
THE
COLORADO BUREAU OF INVESTIGATION OR THE FEDERAL BUREAU OF
INVESTIGATION AND THE
COLORADO COURTS DATA ACCESS SYSTEM IN THE
STATE JUDICIAL DEPARTMENT
. "CONVICTION" DOES NOT INCLUDE A
DIVERSION OR DEFERRAL OR PLEA FOR A PERSON WHO PARTICIPATED IN AND
SUCCESSFULLY COMPLETED THE CHILD ABUSE AND CHILD NEGLECT
DIVERSION PROGRAM ESTABLISHED PURSUANT TO SECTION
19-3-310. A
CONVICTION DOES NOT INCLUDE JUVENILE DEFERRED JUDGMENT OR
ADJUDICATION AGREEMENTS
, ADJUDICATIONS, DIVERSION, DEFERRAL, OR
PLEA AGREEMENTS
. THE CONVICTIONS IDENTIFIED IN THIS SUBSECTION
(12)(a) AND SUBSECTION (5) OF THIS SECTION MUST BE DETERMINED
ACCORDING TO THE RECORDS OF THE
COLORADO BUREAU OF INVESTIGATION
OR THE FEDERAL BUREAU OF INVESTIGATION AND THE
COLORADO COURTS
DATA ACCESS SYSTEM AT THE STATE JUDICIAL SYSTEM
. A SCREENING
REQUEST IN
COLORADO MUST BE MADE PURSUANT TO SECTION 19-1-307
(2)(k),
RULES PROMULGATED BY THE STATE BOARD PURSUANT TO SECTION
19-3-313.5, AND 42 U.S.C. SEC. 671 (a)(2). A CERTIFIED COPY OF THE
JUDGMENT OF A COURT OF COMPETENT JURISDICTION OF THE CONVICTION OR
A DEFERRED ADJUDICATION AGREEMENT IS PRIMA FACIE EVIDENCE OF A
CONVICTION OR AGREEMENT
.
(b) "I
NITIAL CRIMINAL HISTORY RECORD CHECK " MEANS A
COLORADO CRIME INFORMATION CENTER OR NATIONAL CRIME INFORMATION
CENTER CHECK
.
SECTION 2. In Colorado Revised Statutes, repeal 19-3-407.
SECTION 3. In Colorado Revised Statutes, 19-3-508, amend (8)
as follows:
PAGE 9-HOUSE BILL 23-1043 19-3-508. Neglected or dependent child - disposition -
concurrent planning. (8) When entering a decree placing the child
OR
YOUTH
in the legal custody of a relative or placing the child OR YOUTH in
the legal custody of a county department for placement in a foster care
home, the court shall ensure that the child's
OR YOUTH'S placement at the
time of the hearing is in the best interests of the child
OR YOUTH and shall
inquire about documentation that the county department or a licensed child
placement agency has adequately screened the foster care provider or the
family member who is seeking to care for the child
OR YOUTH and any adult
residing in that home and that all of the criminal history record checks and
other background checks have been completed as required pursuant to
section 26-6-910 or 19-3-407
SECTION 26-6-910 OR 19-3-406.
SECTION 4. In Colorado Revised Statutes, 19-3-605, amend (3)
introductory portion and (3)(b) as follows:
19-3-605. Request for placement with family members. (3) In
making placement determinations concerning a child
OR YOUTH following
the order of termination of the parent-child legal relationship pursuant to the
provisions of this section, the court shall consider all pertinent information
related to modifying the placement of the child
OR YOUTH prior to removing
the child
OR YOUTH from his or her
THE CHILD'S OR YOUTH'S placement,
including: the following:
(b) Whether the child's OR YOUTH'S placement at the time of the
hearing is a safe and potentially permanent placement for the child
OR
YOUTH
, including documentation that a county department or a licensed
child placement agency has adequately screened the family member who is
seeking to care for the child
OR YOUTH and any adult residing in the home
and that all of the criminal history record checks and other background
checks have been completed as required pursuant to section 26-6-910 or
19-3-407 SECTION 26-6-910 OR 19-3-406;
SECTION 5. In Colorado Revised Statutes, 26-6-911, amend
(2)(d) as follows:
26-6-911. Foster care - kinship care - rules applying generally
- rule-making. (2) At a minimum, the rules described in subsection (1) of
this section must include the following:
PAGE 10-HOUSE BILL 23-1043 (d) A list of actions a county department or child placement agency
shall take if a disqualifying factor is found during any of the background
checks specified in section
SECTIONS 26-6-910 (5) and (6) and section
19-3-406 (4) and (4.5) 19-3-406 (6) AND (7);
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-HOUSE BILL 23-1043 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 23-1043