Colorado 2023 Regular Session

Colorado House Bill HB1160 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0745.01 Shelby Ross x4510
8	8	HOUSE BILL 23-1160
9	9	House Committees Senate Committees
10	10	Public & Behavioral Health & Human Services
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIREMENTS BEFORE ADDING A PERSON SUSPECTED101
14	14	OF CHILD ABUSE OR NEGLEC T TO THE AUTOMATED CHILD102
15	15	WELFARE SYSTEM.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Before adding a person suspected of child abuse or neglect
24	24	(person) to the automated child welfare system (system), the bill requires
25	25	the department of human services (state department) to provide a written
26	26	notice to the person of the opportunity for a hearing. The person must
27	27	request a hearing no later than 90 days after the date of the written notice.
28	28	HOUSE SPONSORSHIP
29	29	Evans, Epps
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. The bill prohibits the state department from releasing a finding of
35	35	a person responsible for child abuse or neglect or the state department or
36	36	a law enforcement entity from releasing information about the person or
37	37	the allegations against the person to a third party until all administrative
38	38	appeals are either exhausted or waived.
39	39	When a hearing is requested, the bill requires an administrative
40	40	law judge (ALJ) to contact the parties to schedule the hearing no later
41	41	than 120 days after the date the person requests a hearing.
42	42	If the ALJ finds that there is sufficient evidence to support the
43	43	state department's allegations, the bill requires:
44	44	! The state department to enter the substantiated findings
45	45	against the person into the system for a period of time
46	46	proportionate to the severity of the findings; and
47	47	! Any law enforcement entity that created a record of the
48	48	alleged incident of child abuse or neglect to retain the
49	49	record pursuant to certain restrictions.
50	50	If the ALJ finds there is insufficient evidence to support the state
51	51	department's allegations, the bill requires:
52	52	! The ALJ to order the state department to amend the state
53	53	department's findings accordingly and order that allegation
54	54	not be entered into the system; and
55	55	! Any law enforcement entity that created a record of the
56	56	alleged incident of child abuse or neglect to mark the
57	57	record as unsubstantiated and retain and release the record
58	58	pursuant to certain restrictions.
59	59	The bill prohibits a finding from being entered against a person
60	60	who is less than 13 years of age.
61	61	The bill authorizes the state department, county departments of
62	62	human and social services (county departments), and law enforcement
63	63	entities to retain information concerning unsubstantiated reports of child
64	64	abuse and neglect in casework files to assist in future risk and safety
65	65	assessments; except that the state department, county departments, and
66	66	law enforcement entities shall not release any information contained in
67	67	any records that are accessible to the public or are used for purposes of
68	68	employment or background checks in cases determined to be
69	69	unsubstantiated or false.
70	70	Be it enacted by the General Assembly of the State of Colorado:1
71	71	SECTION 1. In Colorado Revised Statutes, add 19-3-313.3 as2
72	72	follows:3
73	73	19-3-313.3. State department automated child welfare system4
74	74	HB23-1160-2- - written notice - no action until appeals exhausted - law enforcement1
75	75	records - administrative hearing - procedures - retention - definitions.2
76	76	(1) Definitions. A
77	77	S USED IN THIS SECTION, UNLESS THE CONTEXT3
78	78	OTHERWISE REQUIRES:4
79	79	(a) "A
80	80	UTOMATED CHILD WELFARE SYSTEM " MEANS THE STATE5
81	81	DEPARTMENT OF HUMAN SERVICES AUTOMATED CHILD WELFARE SYSTEM .6
82	82	(b) "P
83	83	ERSON" MEANS A PERSON, INCLUDING A CHILD OR YOUTH,7
84	84	SUSPECTED OF CHILD ABUSE OR NEGLECT .8
85	85	(2) Written notice of opportunity for hearing. (a) B
86	86	EFORE THE9
87	87	STATE DEPARTMENT ADDS A PERSON TO THE AUTOMATED CHILD WELFARE10
88	88	SYSTEM AS A PERSON RESPONSIBLE FOR CHILD ABUSE OR NEGLECT , THE11
89	89	STATE DEPARTMENT SHALL PROVIDE A WRITTEN NOTICE TO THE PERSON OF12
90	90	THE OPPORTUNITY FOR A HEARING BEFORE A STATE DEPARTMENT13
91	91	ADMINISTRATIVE LAW JUDGE AFTER THE PERSON EXHAUSTS THE STATE14
92	92	DEPARTMENT'S RESOLUTION PROCESS. THE WRITTEN NOTICE MUST BE SENT15
93	93	TO THE PERSON AND ANY COUNSEL OF RECORD FOR THE PERSON IN A16
94	94	RELATED DEPENDENCY AND NEGLEC T CASE NO LATER THAN FOURTEEN17
95	95	DAYS AFTER THE DATE THE STATE DEPARTMENT ISSUED ITS FINDINGS . THE18
96	96	WRITTEN NOTICE MUST INCLUDE :19
97	97	(I) A
98	98	CLEAR STATEMENT THAT INCLUDES :20
99	99	(A) T
100	100	HE TYPE AND SEVERITY OF THE ABUSE OR NEGLECT ;21
101	101	(B) T
102	102	HE DATE OF THE REFERRAL TO THE COUNTY DEPARTMENT OF22
103	103	HUMAN OR SOCIAL SERVICES;23
104	104	(C) T
105	105	HE NAME OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL24
106	106	SERVICES THAT COMPLETED THE INVESTIGATION OF CHILD ABUSE OR25
107	107	NEGLECT;26
108	108	(D) T
109	109	HE DATE THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL27
110	110	HB23-1160
111	111	-3- SERVICES MADE THE FINDING OF CHILD ABUSE OR NEGLECT IN THE STATE1
112	112	AUTOMATED CHILD WELFARE SYSTEM ;2
113	113	(E) I
114	114	NFORMATION CONCERNING PERSONS OR AGENCIES THAT HAVE3
115	115	ACCESS TO THE FINDING OF CHILD ABUSE OR NEGLECT ;4
116	116	(F) T
117	117	HE CIRCUMSTANCES UNDER WHICH INFORMATION CONTAINED5
118	118	IN THE STATE AUTOMATED CASE MANAGEMENT SYSTEM WILL BE PROVIDED6
119	119	TO OTHER INDIVIDUALS OR AGENCIES;7
120	120	(G) H
121	121	OW TO ACCESS INFORMATION ON THE COUNTY DEPARTMENT8
122	122	OF HUMAN OR SOCIAL SERVICE'S DISPUTE RESOLUTION PROCESS;9
123	123	(H) I
124	124	NFORMATION DETAILING THE RIGHT OF THE PERSON TO10
125	125	REQUEST A STATE-LEVEL APPEAL;11
126	126	(I) A
127	127	BLANK COPY OF THE STATE DEPARTMENT'S APPROVED APPEAL12
128	128	FORM;13
129	129	(J) N
130	130	OTICE THAT THE SCOPE OF AN APPEAL IS LIMITED TO14
131	131	CHALLENGES THAT THE FINDINGS OF CHILD ABUSE OR NEGLECT ARE NOT15
132	132	SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE OR THAT THE16
133	133	ACTIONS FOUND TO BE CHILD ABUSE OR NEGLECT DO NOT MEET THE LEGAL17
134	134	DEFINITIONS OF CHILD ABUSE OR NEGLECT PURSUANT TO SECTION18
135	135	19-1-103;
136	136	AND19
137	137	(K) A
138	138	FULL EXPLANATION OF THE PROCESS AND TIMELINES FOR A20
139	139	STATE-LEVEL APPEAL.21
140	140	(II) T
141	141	HE CONSEQUENCES OF BEING ADDED TO THE AUTOMATED22
142	142	CHILD WELFARE SYSTEM, INCLUDING POSSIBLE NEGATIVE IMPACTS ON THE23
143	143	PERSON'S EMPLOYMENT, LICENSURE, AND ABILITY TO HAVE FUTURE24
144	144	CONTACT WITH CHILDREN, INCLUDING VOLUNTEER OR SCHOOL ACTIVITIES;25
145	145	(III) I
146	146	NFORMATION ABOUT HOW THE PERSON MAY OBTAIN , AT NO26
147	147	COST TO THE PERSON, A COMPLETE COPY OF THE RECORD THAT WILL BE27
148	148	HB23-1160
149	149	-4- ADDED TO THE AUTOMATED CHILD WELFARE SYSTEM ;1
150	150	(IV) A
151	151	COMPLETE COPY OF THE LAW ENFORCEMENT RECORD , IF2
152	152	ANY, OF THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT ; AND3
153	153	(V) I
154	154	NFORMATION ABOUT RESOURCES AVAILABLE TO THE PERSON4
155	155	FOR ASSISTANCE IN NAVIGATING THE ADMINISTRATIVE AND APPEAL5
156	156	PROCESSES, INCLUDING INFORMATION FOR THE OFFICE OF THE CHILD6
157	157	PROTECTION OMBUDSMAN CREATED IN SECTION 19-3.3-102.7
158	158	(b) T
159	159	HE PERSON MUST REQUEST A HEARING BEFORE A STATE8
160	160	DEPARTMENT ADMINISTRATIVE LAW JUDGE NO LATER THAN NINETY DAYS9
161	161	AFTER THE DATE OF THE WRITTEN NOTICE .10
162	162	(3) No action until appeals exhausted. T
163	163	HE STATE DEPARTMENT11
164	164	SHALL NOT RELEASE A FINDING OF A PERSON RESPONSIBLE FOR CHILD12
165	165	ABUSE OR NEGLECT AND THE STATE DEPARTMENT OR A LAW13
166	166	ENFORCEMENT ENTITY SHALL NOT RELEASE INFORMATION ABOUT THE14
167	167	PERSON OR INFORMATION ABOUT THE ALLEGATIONS AGAINST THE PERSON15
168	168	TO A THIRD PARTY UNTIL ALL ADMINISTRATIVE APPEALS ARE EITHER16
169	169	EXHAUSTED OR WAIVED.17
170	170	(4) Hearing procedures. (a) I
171	171	F A PERSON REQUESTS A HEARING18
172	172	PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE STATE DEPARTMENT19
173	173	ADMINISTRATIVE LAW JUDGE SHALL CONTACT THE PARTIES TO SCHEDULE20
174	174	A DATE FOR THE HEARING, WHICH MUST BE HELD NO LATER THAN ONE21
175	175	HUNDRED TWENTY DAYS AFTER THE DATE THE PERSON REQUESTS A22
176	176	HEARING.23
177	177	(b) A
178	178	HEARING HELD PURSUANT TO THIS SECTION IS CONSIDERED24
179	179	A CONTESTED HEARING AND IS ELIGIBLE FOR APPEAL .25
180	180	(c) P
181	181	RIOR TO THE HEARING, THE STATE DEPARTMENT SHALL26
182	182	PROVIDE THE PERSON WITH THE FULL INVESTIGATIVE FILE AND ANY27
183	183	HB23-1160
184	184	-5- EXCULPATORY EVIDENCE IN THE STATE DEPARTMENT 'S POSSESSION OR1
185	185	CONTROL AT NO COST TO THE PERSON , SUBJECT TO ANY REDACTION2
186	186	REQUIRED BY LAW.3
187	187	(d) A
188	188	T THE HEARING, THE PERSON SUSPECTED OF CHILD ABUSE OR4
189	189	NEGLECT HAS THE RIGHT TO:5
190	190	(I) B
191	191	E REPRESENTED BY COUNSEL . IF COUNSEL HAS BEEN6
192	192	APPOINTED TO REPRESENT THE PERSON THROUGH THE OFFICE OF7
193	193	RESPONDENT PARENTS' COUNSEL ESTABLISHED IN SECTION 13-92-103, THE8
194	194	PERSON'S COUNSEL MAY CONTINUE REPRESENTING THE PERSON9
195	195	THROUGHOUT THE HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF10
196	196	THIS SECTION IF APPROVED BY THE OFFICE OF RESPONDENT PARENTS '11
197	197	COUNSEL;12
198	198	(II) P
199	199	RESENT SWORN EVIDENCE, LAW, OR RULES RELATED TO THE13
200	200	ALLEGATIONS; AND14
201	201	(III) S
202	202	UBPOENA WITNESSES , CROSS-EXAMINE THE STATE15
203	203	DEPARTMENT'S WITNESSES, OBJECT TO EVIDENCE INTRODUCED BY THE16
204	204	STATE DEPARTMENT, AND MAKE AN OPENING STATEMENT AND CLOSING17
205	205	ARGUMENT.18
206	206	(e) W
207	207	ITHIN THIRTY-FIVE DAYS AFTER THE CONCLUSION OF THE19
208	208	HEARING, THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE SHALL20
209	209	ENTER AN ORDER CONTAINING THE JUDGE 'S FINDINGS OF FACT AND LAW21
210	210	BASED UPON, AT A MINIMUM, A PREPONDERANCE OF THE EVIDENCE .22
211	211	(f) I
212	212	F THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE FINDS23
213	213	THAT THERE IS SUFFICIENT EVIDENCE TO SUPPORT THE STATE24
214	214	DEPARTMENT'S ALLEGATIONS:25
215	215	(I) T
216	216	HE STATE DEPARTMENT SHALL ENTER THE SUBSTANTIATED26
217	217	FINDINGS AGAINST THE PERSON INTO THE AUTOMATED CHILD WELFARE27
218	218	HB23-1160
219	219	-6- SYSTEM FOR A PERIOD OF TIME PROPORTIONATE TO THE SEVERITY OF THE1
220	220	FINDINGS; AND2
221	221	(II) A
222	222	NY LAW ENFORCEMENT ENTITY THAT CREATED A RECORD OF3
223	223	THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT SHALL RETAIN THE4
224	224	RECORD PURSUANT TO SUBSECTION (5) OF THIS SECTION.5
225	225	(g) I
226	226	F THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE FINDS6
227	227	THAT THERE IS INSUFFICIENT EVIDENCE TO SUPPORT THE STATE7
228	228	DEPARTMENT'S ALLEGATIONS:8
229	229	(I) T
230	230	HE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE SHALL9
231	231	ORDER THE STATE DEPARTMENT TO AMEND THE STATE DEPARTMENT 'S10
232	232	FINDINGS ACCORDINGLY AND ORDER THAT THE STATE DEPARTMENT SHALL11
233	233	NOT ENTER THE ALLEGATION INTO THE AUTOMATED CHILD WELFARE12
234	234	SYSTEM; AND13
235	235	(II) A
236	236	NY LAW ENFORCEMENT ENTITY THAT CREATED A RECORD OF14
237	237	THE ALLEGED INCIDENT OF CHILD ABUSE OR NEGLECT SHALL MARK THE15
238	238	RECORD AS UNSUBSTANTIATED AND RETAIN AND RELEASE THE RECORD16
239	239	PURSUANT TO SUBSECTION (5) OF THIS SECTION.17
240	240	(h) A
241	241	FINDING SHALL NOT BE ENTERED AGAINST A PERSON WHO IS18
242	242	UNDER THIRTEEN YEARS OF AGE.19
243	243	(i) A
244	244	FINDING OF INJURIOUS ENVIRONMENT BY THE STATE20
245	245	DEPARTMENT ADMINISTRATIVE LAW JUDGE IS NOT CONCLUSIVE EVIDENCE21
246	246	TO SUPPORT AN ORDER FOR SUMMARY JUDGMENT .22
247	247	(5) Retention and unauthorized release of unsubstantiated23
248	248	reports. T
249	249	HE STATE DEPARTMENT , COUNTY DEPARTMENTS , AND LAW24
250	250	ENFORCEMENT ENTITIES MAY RETAIN INFORMATION CONCERNING25
251	251	UNSUBSTANTIATED REPORTS OF CHILD ABUSE AND NEGLECT IN CASEWORK26
252	252	FILES TO ASSIST IN FUTURE RISK AND SAFETY ASSESSMENTS; EXCEPT THAT27
253	253	HB23-1160
254	254	-7- THE STATE DEPARTMENT , COUNTY DEPARTMENTS , AND LAW1
255	255	ENFORCEMENT ENTITIES SHALL NOT RELEASE ANY OF THE INFORMATION2
256	256	CONTAINED IN ANY RECORDS AND REPORTS THAT ARE ACCESSIBLE TO THE3
257	257	GENERAL PUBLIC OR ARE USED FOR PURPOSES OF EMPLOYMENT OR4
258	258	BACKGROUND CHECKS IN CASES DETERMINED TO BE UNSUBSTANTIATED OR5
259	259	FALSE PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION.6
260	260	SECTION 2. Act subject to petition - effective date. This act7
261	261	takes effect at 12:01 a.m. on the day following the expiration of the8
262	262	ninety-day period after final adjournment of the general assembly (August9
263	263	5, 2020, if adjournment sine die is on May 6, 2020); except that, if a10
264	264	referendum petition is filed pursuant to section 1 (3) of article V of the11
265	265	state constitution against this act or an item, section, or part of this act12
266	266	within such period, then the act, item, section, or part will not take effect13
267	267	unless approved by the people at the general election to be held in14
268	268	November 2020 and, in such case, will take effect on the date of the15
269	269	official declaration of the vote thereon by the governor.16
270	270	HB23-1160
271	271	-8-