First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0634.01 Chelsea Princell x4335
HOUSE BILL 23-1249
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE OUTCOMES FOR YOUNG101
CHILDREN BY REPLACING JUSTICE INVOLVEMENT WITH102
COMMUNITY-BASED SERVICES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, counties are permitted to form a local
collaborative management program to provide services to youth. The bill
requires every county to participate in a local collaborative management
program and requires the local collaborative management program to
serve children 10 to 12 years of age and to form a service and support
HOUSE SPONSORSHIP
Armagost and Gonzales-Gutierrez, Amabile, Bacon, Boesenecker, Bradfield, deGruy
Kennedy, Duran, Epps, Garcia, Jodeh, Joseph, Lindstedt, Mabrey, Marshall, Martinez, Ortiz,
Sharbini, Velasco, Vigil, Woodrow
SENATE SPONSORSHIP
Simpson and Coleman, Gonzales, Hinrichsen, Moreno
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. team to create service and support plans for children 10 to 12 years of
age.
The bill provides an appropriation for local collaborative
management programs and requires the department of human services to
provide technical assistance to the programs.
The bill changes the minimum age of a child who is subject to the
juvenile court's jurisdiction. Under current law, children who are 10 years
of age or older can be prosecuted in juvenile court. The bill removes
children who are 10 to 12 years of age from the juvenile court's
jurisdiction and increases the age for prosecution in juvenile court to 13
years of age; except in the case of a homicide, then the juvenile court's
jurisdiction extends to children who are 10 to 12 years of age.
The bill clarifies that children who are 10 to12 years of age may
be taken into temporary custody by law enforcement for safety.
The bill provides that when children who are 10 to 12 years of age
have contact with law enforcement, law enforcement will complete a
form to refer the child to the local collaborative management program.
The local collaborative management program's individualized service and
support team is required to complete an initial plan for every child who
is referred, which may find that no services are needed, that one or more
specific services are needed and can be provided without an
individualized service and support team meeting, or that an individualized
service and support team meeting is required to develop a service and
support plan for the child and family. Victims have the right to be
informed and provide input to the plan.
The individualized service and support team is required to hold a
meeting and develop an individualized service and support plan for every
child who is 10 to 12 years of age who allegedly engaged in behavior that
would constitute a crime of violence or felony sex offense. The county
department of human or social services is required to attend the meeting
if the behavior would constitute a felony sex offense. The county
department of human or social services is required to make a
determination as to whether the department of human services will
provide prevention and intervention services or conduct a formal
assessment, investigate, provide services, or open a case.
The bill clarifies that victims of actions by children who are 10 to
12 years of age are still able to access existing victim services and
compensation. The bill provides that victims shall receive a free copy of
the form completed by law enforcement, which can be used to request
victim's compensation.
The bill provides that a minor child, or a parent or guardian
seeking relief on behalf of a minor child, shall not pay a fee to seek a
protection order. Courts that issue protection orders shall provide
assistance to individuals in completing judicial forms to obtain a
protection order. The bill changes the minimum age that a person can be
HB23-1249
-2- held in custody for contempt of court for failing to comply with a
protection order to a person who is 13 years of age. A child who is 10 to
12 years of age who fails to comply with a protection order may be court
ordered to participate in a collaborative management program.
The bill changes the minimum age of a county court's concurrent
original jurisdiction with the district court in criminal actions that
constitute misdemeanors or petty offenses to 13 years of age.
The bill changes the minimum age to be charged by a municipal
court for a municipal offense to 13 years of age.
Under current law, a juvenile court may transfer a child to district
court for adult criminal proceedings under certain conditions. The bill
eliminates the ability for the juvenile court to transfer children who are 12
or 13 years of age to the district court. For a child who is 14 years of age
or older, the bill changes the current authority of the juvenile court to
transfer the child's case for any delinquent act that constitutes any felony
to only any delinquent act that constitutes a class 1 or class 2 felony or a
crime of violence.
The bill extends certain sentencing protections that are currently
provided to children who are 10 or 11 years of age to children who are 13
or 14 years of age.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Providing developmentally appropriate services to young4
children to address the underlying causes of problematic behaviors5
prevents future youth misbehavior, thereby reducing recidivism in both6
adolescence and adulthood, which leads to safer communities;7
(b) Behavioral health programs, schools, child welfare services,8
and other community-based programs and services are better equipped9
than the juvenile justice system to identify and address the needs of young10
children and to provide developmentally appropriate services to improve11
community safety and reduce the risk that young children commit future12
crimes as adults;13
(c) Ensuring that young children are served outside of the juvenile14
HB23-1249-3- justice system reduces the negative impacts for young children and their1
communities. Young children who are charged with crimes and placed in2
the juvenile justice system, as compared to similarly situated young3
children who are served outside of the juvenile justice system, are more4
likely to enter the criminal justice system as adults, present a future threat5
to community safety, face mental health challenges, and are less likely to6
graduate from high school.7
(d) Colorado has an existing system of local collaborative8
management programs that can be improved to ensure young children9
receive appropriate services outside of the juvenile justice system, which10
will improve outcomes for young children and make communities safer;11
(e) Serving young children through local collaborative12
management programs reduces future victimization. Young children in13
the juvenile justice system are at a higher risk of becoming victims of14
violence within the justice system.15
(f) A community-based alternative to serve young children is more16
equitable. Young children of color are more likely to be referred to the17
juvenile justice system and detained in juvenile justice facilities than18
White young children.19
(g) Victims and survivors of criminal behavior must be able to20
access services, compensation, and information to gain a new sense of21
safety. In serving young children through more effective22
community-based solutions, victim services must remain available to23
meet these needs.24
(h) Victims and survivors have the right to be treated with dignity25
and respect and to be heard and kept informed, regardless of whether the26
act committed against them was committed by a young child. These rights27
HB23-1249
-4- must remain intact through more effective community-based solutions.1
(2) (a) Therefore, the general assembly declares its intent to2
empower community-based responses in the health, education, and child3
welfare systems to serve children who are under thirteen years of age,4
instead of the juvenile justice system.5
(b) The general assembly further supports victims being heard,6
informed, and supported through the community-based system.7
(c) The general assembly further declares the prosecution of8
children under the age of thirteen in municipal courts is a matter of9
statewide concern because there is need for statewide uniformity in the10
prosecution and treatment of young children, a municipal regulation that11
allowed such prosecution would have a negative impact on children and12
families living outside the municipality, and uniformity fulfills the state's13
statutory obligation to serve children according to the Colorado children's14
code.15
SECTION 2. In Colorado Revised Statutes, 17-1-103, repeal16
(1)(n) as follows:17
17-1-103. Duties of the executive director. (1) The duties of the18
executive director are:19
(n) To contract with the department of human services to house20
in a facility operated by the department of human services any juvenile21
under the age of fourteen years who is sentenced as an adult to the22
department of corrections and to provide services for the juvenile23
pursuant to section 19-2.5-802 (1)(e);24
SECTION 3. In Colorado Revised Statutes, 13-6-106, amend (1)25
introductory portion and (1)(a) as follows:26
13-6-106. Original criminal jurisdiction. (1) The county court27
HB23-1249
-5- shall have HAS concurrent original jurisdiction with the district court in1
the following criminal matters:2
(a) Criminal actions
AGAINST A PERSON THIRTEEN YEARS OF AGE3
OR OLDER for the violation of state laws which constitute misdemeanors4
or petty offenses, except those actions involving children over which the5
juvenile court of the city and county of Denver or the district courts of the6
state, other than in Denver, have exclusive jurisdiction;7
SECTION 4. In Colorado Revised Statutes, amend 13-10-103 as8
follows:9
13-10-103. Applicability. This article 10 applies to and governs10
the operation of municipal courts in the cities and towns of this state.11
Except for the provisions relating to the method of salary payment for12
municipal judges, the incarceration of children pursuant to sections13
19-2.5-305 and 19-2.5-1511,
THE PROHIBITION OF THE PROSECUTION OF14
A CHILD UNDER THIRTEEN YEARS OF AGE , the appearance of the parent,15
guardian, or lawful custodian of any
A child THIRTEEN YEARS OF AGE OR16
OLDER BUT under eighteen years of age who is charged with a municipal17
offense as required by section 13-10-111, the right to a trial by jury for18
petty offenses pursuant to section 16-10-109, relief from improperly19
entered guilty pleas pursuant to section 18-1-410.6, rules of procedure20
promulgated by the supreme court, and appellate procedure, this article21
10 may be superseded by charter or ordinance enacted by a home rule22
city.23
SECTION 5. In Colorado Revised Statutes, amend 13-10-104 as24
follows:25
13-10-104. Municipal court created - jurisdiction. The26
municipal governing body of each city or town shall create a municipal27
HB23-1249
-6- court to hear and try all alleged violations of ordinance provisions of such1
city or town
AGAINST A PERSON WHO IS THIRTEEN YEARS OF AGE OR2
OLDER.3
SECTION 6. In Colorado Revised Statutes, 13-10-111, amend4
(5) as follows:5
13-10-111. Commencement of actions - process. (5) Upon the6
request of the municipal court, the prosecuting municipality, or the7
defendant, the clerk of the municipal court shall issue a subpoena for the8
appearance, at any and all stages of the court's proceedings, of the parent,9
guardian, or lawful custodian of any child
THIRTEEN YEARS OF AGE OR10
OLDER BUT under eighteen years of age who is charged with a municipal11
offense. Whenever a person who is issued a subpoena pursuant to this12
subsection (5) fails, without good cause, to appear, the court may issue an13
order for the person to show cause to the court as to why the person14
should not be held in contempt. Following a show cause hearing, the15
court may make findings of fact and conclusions of law and may enter an16
appropriate order, which may include finding the person in contempt.17
SECTION 7. In Colorado Revised Statutes, 13-10-113, amend18
(4) and (5) as follows:19
13-10-113. Fines and penalties. (4) Notwithstanding any20
provision of law to the contrary, a municipal court has the authority to21
order a child
THIRTEEN YEARS OF AGE OR OLDER BUT under eighteen years22
of age confined in a juvenile detention facility operated or contracted by23
the department of human services or a temporary holding facility operated24
by or under contract with a municipal government for failure to comply25
with a lawful order of the court, including an order to pay a fine. Any26
confinement of a child for contempt of municipal court shall
MUST not27
HB23-1249
-7- exceed forty-eight hours.1
(5) Notwithstanding any other provision of law, a juvenile, as2
defined in section 19-2.5-102 A CHILD THIRTEEN YEARS OF AGE OR OLDER3
BUT UNDER EIGHTEEN YEARS OF AGE WHO IS arrested for an alleged4
violation of a municipal ordinance, convicted of violating a municipal5
ordinance or probation conditions imposed by a municipal court, or found6
in contempt of court in connection with a violation or alleged violation of7
a municipal ordinance must SHALL not be confined in a jail, lockup, or8
other place used for the confinement of adult offenders but may be held9
in a juvenile detention facility operated by or under contract with the10
department of human services or a temporary holding facility operated by11
or under contract with a municipal government that shall receive and12
provide RECEIVES AND PROVIDES care for the juvenile CHILD THIRTEEN13
YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN YEARS OF AGE . A14
municipal court imposing penalties for violation of probation conditions15
imposed by such court or for contempt of court in connection with a16
violation or alleged violation of a municipal ordinance may confine a17
juvenile CHILD THIRTEEN YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN18
YEARS OF AGE pursuant to section 19-2.5-305 for up to forty-eight hours19
in a juvenile detention facility operated by or under contract with the20
department of human services. In imposing any jail sentence upon a21
juvenile for violating any municipal ordinance when the municipal court22
has jurisdiction over the juvenile pursuant to section 19-2.5-103 (1)(a)(II),23
A municipal court does not have the authority to order a juvenile CHILD24
under eighteen years of age to a juvenile detention facility operated or25
contracted by the department of human services.26
SECTION 8. In Colorado Revised Statutes, 13-14-105, add (3)27
HB23-1249
-8- as follows:1
13-14-105. Provisions relating to civil protection orders. (3) A2
MUNICIPAL COURT OF RECORD THAT IS AUTHORIZED BY ITS MUNICIPAL3
GOVERNING BODY TO ISSUE PROTECTION ORDERS AND ANY COUNTY COURT4
OR DISTRICT COURT THAT ISSUES PROTECTION ORDERS SHALL PROVIDE :5
(a) I
N-PERSON ASSISTANCE THAT IS AVAILABLE AT LEAST ONE TIME6
PER WEEK TO ASSIST PETITIONERS COMPLETING JUDICIAL FORMS TO7
OBTAIN A PROTECTION ORDER; OR8
(b) A
N ONLINE TUTORIAL TO ASSIST PETITIONERS COMPLETING9
JUDICIAL FORMS TO OBTAIN A PROTECTION ORDER THAT IS ACCESSIBLE TO10
THE PUBLIC AND CONTAINS LINKS TO THE FORMS AND INFORMATION11
ABOUT WHERE A PETITIONER CAN GO TO COMPLETE JUDICIAL FORMS AND12
REQUEST A PROTECTION ORDER .13
SECTION 9. In Colorado Revised Statutes, 13-14-107, amend14
(1); and add (4) as follows:15
13-14-107. Enforcement of protection order - duties of peace16
officer. (1) A person failing
THIRTEEN YEARS OF AGE OR OLDER WHO17
FAILS to comply with any order of the court issued pursuant to this article18
ARTICLE 14 is in contempt of court or may be prosecuted for violation of19
a civil protection order pursuant to section 18-6-803.5; C.R.S.20
(4) (a) I
F A CHILD TEN YEARS OF AGE OR OLDER BUT UNDER21
THIRTEEN YEARS OF AGE FAILS TO COMPLY WITH ANY ORDER OF THE22
COURT ISSUED PURSUANT TO THIS ARTICLE 14, THE COURT MAY ORDER THE23
LOCAL COLLABORATIVE MANAGEMENT PROGRAM CREATED PURSUANT TO24
SECTION 24-1.9-102 TO HOLD AN INDIVIDUALIZED SERVICE AND SUPPORT25
TEAM MEETING.26
(b) I
F THE VIOLATION OF THE COURT ORDER DESCRIBED IN27
HB23-1249
-9- SUBSECTION (4)(a) OF THIS SECTION OCCURRED AT A SCHOOL IN WHICH1
THE CHILD IS ENROLLED, A REPRESENTATIVE FROM THE SCHOOL SHALL2
ATTEND THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM MEETING , AND3
THE TEAM SHALL INCLUDE IN THE SERVICE AND SUPPORT PLAN A PLAN TO4
PREVENT FUTURE VIOLATIONS OF THE ORDER .5
(c) I
F THE VIOLATION OF THE COURT ORDER DESCRIBED IN6
SUBSECTION (4)(a) OF THIS SECTION DID NOT OCCUR AT A SCHOOL IN7
WHICH THE CHILD IS ENROLLED , A REPRESENTATIVE OF THE LOCAL8
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL ATTEND THE9
MEETING, AND THE TEAM SHALL INCLUDE IN THE SERVICE AND SUPPORT10
PLAN A PLAN TO PREVENT FUTURE VIOLATIONS OF THE ORDER . THE11
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL MAKE A12
DETERMINATION FOLLOWING THE MEETING AS TO WHETHER THE COUNTY13
DEPARTMENT OF HUMAN OR SOCIAL SERVICES WILL PROVIDE PREVENTION14
AND INTERVENTION SERVICES, IN ACCORDANCE WITH RULES ADOPTED BY15
THE STATE BOARD OF HUMAN SERVICES , OR WHETHER THE COUNTY16
DEPARTMENT OF HUMAN OR SOCIAL SERVICES WILL CONDUCT AN17
ASSESSMENT OR INVESTIGATION PURSUANT TO SECTIONS 19-3-308,18
19-3-308.3,
AND 19-3-308.5 AND THE RULES ADOPTED BY THE STATE19
BOARD OF HUMAN SERVICES. THE DETERMINATION MUST BE INCLUDED AS20
A WRITTEN UPDATE TO THE CHILD 'S SERVICE AND SUPPORT PLAN . IN21
DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE COUNTY22
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER :23
(I) T
HE VULNERABILITY OF THE REFERRED CHILD WHO IS OVER TEN24
YEARS OF AGE BUT UNDER THIRTEEN YEARS OF AGE , AND ANY CHILD25
IDENTIFIED AS A VICTIM OF THE REFERRED CHILD'S CONDUCT;26
(II) A
NY INFORMATION IN THE CHILD WELFARE INFORMATION27
HB23-1249
-10- SYSTEM AND ANY AVAILABLE COUNTY DEPARTMENT FILES ;1
(III) A
NY ALLEGATION OF KNOWN OR SUSPECTED CHILD ABUSE OR2
NEGLECT AS DESCRIBED IN SECTION 19-3-102, INCLUDING ALLEGATIONS3
THAT THE CHILD:4
(A) L
ACKS PROPER PARENTAL CARE OR SUPERVISION PURSUANT TO5
SECTION 19-3-102; OR6
(B) I
S BEYOND THE CONTROL OF THE CHILD'S PARENT, GUARDIAN,7
OR LEGAL CUSTODIAN PURSUANT TO SECTION 19-3-102; AND8
(IV) W
HETHER AN ASSESSMENT IS APPROPRIATE FOR ANY9
PROGRAM AREAS IDENTIFIED IN THE RULES ADOPTED BY THE STATE BOARD10
OF HUMAN SERVICES, INCLUDING ANY EXISTING PROGRAM AREAS CREATED11
TO PROVIDE:12
(A) P
REVENTION AND INTERVENTION SERVICES TO CHILDREN ,13
YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH THE CHILD14
WELFARE SYSTEM;15
(B) S
ERVICES TO YOUTH IN CONFLICT WITH THEIR FAMILY16
MEMBERS OR THE COMMUNITY ;17
(C) S
ERVICES TO CHILDREN IN NEED OF PROTECTION , INCLUDING18
CHILDREN WHOSE PHYSICAL , MENTAL, OR EMOTIONAL WELL-BEING IS19
THREATENED OR HARMED DUE TO ABUSE OR NEGLECT AS DESCRIBED IN20
SECTION 19-3-102;21
(D) S
ERVICES FOR CHILDREN AND FAMILIES IN NEED OF22
SPECIALIZED SERVICES; AND23
(E) S
ERVICES RELATED TO RESOURCE DEVELOPMENT .24
(d) I
F A CHILD ALLEGEDLY VIOLATES A PROTECTION ORDER THREE25
OR MORE TIMES, TWO CERTIFIED CHILD WELFARE STAFF FROM THE SAME26
COUNTY OR IN CONJUNCTION WITH ANOTHER COUNTY SHALL MAKE THE27
HB23-1249
-11- DECISION TO REJECT A REFERRAL.1
SECTION 10. In Colorado Revised Statutes, 13-14-109, amend2
(1) and (2) as follows:3
13-14-109. Fees and costs. (1) The court may assess a filing fee4
against a petitioner seeking relief under PURSUANT TO this article 14;5
except that the court may not assess a filing fee against a petitioner if
THE6
PETITIONER IS A MINOR CHILD OR A PARENT OR GUARDIAN SEEKING RELIEF7
ON BEHALF OF A MINOR CHILD, OR the court determines the petitioner is8
seeking the protection order as a victim of domestic abuse, domestic9
violence as defined in section 18-6-800.3, (1), C.R.S.,
stalking, or sexual10
assault or abuse. The court shall provide the necessary number of certified11
copies at no cost to petitioners.12
(2) A state or public agency may not assess fees for service of13
process against a petitioner seeking relief under PURSUANT TO this article14
ARTICLE 14 AS A MINOR CHILD OR PARENT OR GUARDIAN SEEKING RELIEF15
ON BEHALF OF A MINOR CHILD, OR as a victim of conduct consistent with16
the following: Domestic abuse, domestic violence as defined in section17
18-6-800.3, (1), C.R.S., stalking, or sexual assault or abuse.18
SECTION 11. In Colorado Revised Statutes, 16-11.7-103, add19
(4)(m) as follows:20
16-11.7-103. Sex offender management board - creation -21
duties - repeal. (4) Duties of the board. The board shall carry out the22
following duties:23
(m) Education and training regarding young children. T
HE24
BOARD MAY DEVELOP AND REVISE , AS APPROPRIATE, EDUCATIONAL25
MATERIALS AND TRAINING REGARDING BEST PRACTICES TO PROVIDE26
DEVELOPMENTALLY APPROPRIATE THERAPY TO CHILDREN TEN YEARS OF27
HB23-1249
-12- AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHEN THOSE1
CHILDREN HAVE ENGAGED IN PROBLEMATIC SEXUAL BEHAVIOR THAT2
WOULD CONSTITUTE A SEXUAL OFFENSE IF COMMITTED BY AN ADULT . THE3
BOARD SHALL PROVIDE THE MATERIALS AND TRAINING TO THE4
DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF EDUCATION SHALL5
MAKE THE MATERIALS AND TRAINING AVAILABLE TO SCHOOLS IN THE6
STATE.7
SECTION 12. In Colorado Revised Statutes, 19-2.5-103, amend8
(1)(a) introductory portion and (5); and add (1)(c) as follows:9
19-2.5-103. Jurisdiction. (1) Except as otherwise provided by10
law, the juvenile court has exclusive original jurisdiction in proceedings:11
(a) Concerning any A juvenile ten THIRTEEN years of age or older12
who has violated IS ACCUSED OF VIOLATING:13
(c) C
ONCERNING A JUVENILE TEN YEARS OF AGE OR OLDER WHO IS14
ACCUSED OF VIOLATING AN OFFENSE PURSUANT TO PART 1 OF ARTICLE 315
OF TITLE 18.16
(5) Notwithstanding any other provision of this section to the17
contrary, the juvenile court and the county court have concurrent18
jurisdiction over a juvenile who is
THIRTEEN YEARS OF AGE OR OLDER BUT19
under eighteen years of age and who is charged with a violation of section20
18-13-122, 18-18-406 (5)(b)(I) and (5)(b)(II), 18-18-428, 18-18-429,21
18-18-430, or 42-4-1301; except that, if the juvenile court accepts22
jurisdiction over such a juvenile, the county court jurisdiction terminates.23
SECTION 13. In Colorado Revised Statutes, 19-2.5-208, amend24
(1)(a) introductory portion as follows:25
19-2.5-208. Petty tickets - summons - contracts - data.26
(1) (a) If a law enforcement officer contacts a juvenile ten THIRTEEN27
HB23-1249
-13- years of age or older for a delinquent act that would be a petty offense if1
committed by an adult or a municipal ordinance violation, the officer may2
issue the juvenile a petty ticket that requires the juvenile to go through an3
assessment process or procedure as designated by the municipal, county,4
or district court, including assessment by a law enforcement officer,5
assessment officer, or a screening team, referred to in this section as the6
"screening entity". When a petty ticket is issued, an assessment officer or7
screening team officer shall offer a petty offense contract to the juvenile8
and the juvenile's parent or legal guardian if:9
SECTION 14. In Colorado Revised Statutes, 19-2.5-302, amend10
(1) as follows:11
19-2.5-302. Local juvenile services planning committee -12
creation - duties - identification and notification of dually identified13
crossover youth. (1) If all of the boards of commissioners of each14
county or the city council of each city and county in a judicial district15
agree, there may be created in the judicial district a local juvenile services16
planning committee that is appointed by the chief judge of the judicial17
district or, for the second judicial district, the presiding judge of the18
Denver juvenile court, from persons recommended by the boards of19
commissioners of each county or the city council of each city and county20
within the judicial district. The committee, if practicable, must include,21
but need not be limited to, a representative from a county department of22
human or social services, a local school district, a local law enforcement23
agency, a local probation department, the division of youth services,24
private citizens, the district attorney's office, the public defender's office,25
a community mental health representative, and a representative of the26
concerns of municipalities. The committee, if created, shall meet as27
HB23-1249
-14- necessary to develop a plan for the allocation of resources for local1
juvenile services within the judicial district for the fiscal year. The2
committee is strongly encouraged to consider programs with restorative3
justice components when developing the plan. T
HE COMMITTEE IS4
STRONGLY ENCOURAGED TO INCLUDE IN THE PLAN SERVICES FOR5
CHILDREN WHO ARE TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN6
YEARS OF AGE AND WHO COME INTO CONTACT WITH LAW ENFORCEMENT7
IF A LAW ENFORCEMENT OFFICER DETERMINES THERE IS PROBABLE CAUSE8
TO BELIEVE THAT THE CHILD COMMITTED AN ACT THAT WOULD BE A9
MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT . The state10
department of human services shall approve the plan. A local juvenile11
services planning committee may be consolidated with other local12
advisory boards pursuant to section 24-1.7-103.13
SECTION 15. In Colorado Revised Statutes, 19-2.5-303, amend14
(1); and add (6) as follows:15
19-2.5-303. Duty of officer - screening teams - notification -16
release or detention. (1) When a juvenile
OVER WHOM THE JUVENILE17
COURT HAS JURISDICTION PURSUANT TO SECTION 19-2.5-103 is taken into18
temporary custody and not released pending charges, the officer shall19
notify the screening team for the judicial district in which the juvenile is20
taken into custody. The screening team shall notify the juvenile's parent,21
guardian, or legal custodian without unnecessary delay and inform the22
juvenile's parent, guardian, or legal custodian that, if the juvenile is23
placed in detention or a temporary holding facility, all parties have a right24
to a prompt hearing to determine whether the juvenile is to be detained25
further. Such notification may be made to a person with whom the26
juvenile is residing if a parent, guardian, or legal custodian cannot be27
HB23-1249
-15- located. If the screening team is unable to make such notification, the1
notification may be made by any law enforcement officer, juvenile2
probation officer, detention center counselor, or detention facility staff in3
whose physical custody the juvenile is placed.4
(6) (a) N
OTHING IN THIS SECTION PROHIBITS A LAW ENFORCEMENT5
OFFICER FROM REQUESTING AN EMERGENCY PROTECTION ORDER FOR A6
CHILD UNDER THIRTEEN YEARS OF AGE PURSUANT TO SECTION 19-3-4057
OR 13-14-103, FROM TAKING A CHILD WHO IS UNDER THIRTEEN YEARS OF8
AGE INTO TEMPORARY CUSTODY PURSUANT TO SECTION 19-3-401, OR9
FROM PLACING A CHILD WHO IS UNDE R THIRTEEN YEARS OF AGE OUT OF10
THE HOME PURSUANT TO SECTION 19-3-402.11
(b) W
HEN A LAW ENFORCEMENT OFFICER HAS CONTACT WITH A12
CHILD WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS13
OF AGE AND DETERMINES THERE IS PROBABLE CAUSE TO BELIEVE THE14
CHILD COMMITTED AN ACT THAT WOULD BE A MISDEMEANOR OR FELONY15
ACT IF THE CHILD WAS THIRTEEN YEARS OF AGE OR OLDER , THE LAW16
ENFORCEMENT OFFICER SHALL :17
(I) C
OMPLETE THE INFORMATION FORM FOR CHILDREN UNDER THE18
AGE OF THIRTEEN CREATED PURSUANT TO SECTION 24-1.9-102.7;19
(II) R
EQUEST THAT A PARENT, GUARDIAN, LEGAL CUSTODIAN, OR20
ADULT WHO RESIDES WITH THE CHILD SIGN THE ATTESTATION ON THE21
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE , OR IF22
LAW ENFORCEMENT IS UNABLE TO OBTAIN A SIGNATURE , LAW23
ENFORCEMENT MUST DOCUMENT THE REASON ON THE INFORMATION FORM24
FOR CHILDREN UNDER THIRTEEN YEARS OF AGE ;25
(III) P
ROVIDE A COPY OF THE INFORMATION FORM FOR CHILDREN26
UNDER THIRTEEN YEARS OF AGE TO THE CHILD ; THE PARENT, GUARDIAN,27
HB23-1249
-16- LEGAL CUSTODIAN, OR ADULT WHO RESIDES WITH THE CHILD ; AND THE1
LOCAL COLLABORATIVE MANAGEMENT PROGRAM CREATED PURSUANT TO2
SECTION 24-1.9-102; AND3
(IV) I
F THE INCIDENT INVOLVES A VICTIM, PROVIDE A COPY OF THE4
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE TO5
THE VICTIM, IF A VICTIM IS PRESENT, OR THE VICTIM'S DESIGNEE, OR AT6
ANY TIME UPON REQUEST OF THE VICTIM OR THE VICTIM 'S DESIGNEE.7
(c) C
OPIES OF THE INFORMATION FORM PURSUANT TO SUBSECTION8
(6)(b)
OF THIS SECTION MUST BE PROVIDED AT NO COST .9
SECTION 16. In Colorado Revised Statutes, 19-2.5-304, repeal10
(2) as follows:11
19-2.5-304. Limitations on detention. (2) A juvenile court shall
12
not order a juvenile who is ten years of age and older but less than13
thirteen years of age to detention unless the juvenile has been arrested for14
a felony or weapons charge pursuant to section 18-12-102, 18-12-105,15
18-12-106, or 18-12-108.5. A preadjudication service program created16
pursuant to section 19-2.5-606 shall evaluate a juvenile described in this17
subsection (2). The evaluation may result in the juvenile:18
(a) Remaining in the custody of a parent or legal guardian;19
(b) Being placed in the temporary legal custody of kin, for20
purposes of a kinship foster care home or noncertified kinship care21
placement, as defined in section 19-1-103, or other suitable person under22
such conditions as the court may impose;23
(c) Being placed in a temporary shelter facility; or24
(d) Being referred to a local county department of human or social25
services for assessment for placement.26
SECTION 17. In Colorado Revised Statutes, 19-2.5-305, amend27
HB23-1249
-17- (3)(a)(V) introductory portion and (6) as follows:1
19-2.5-305. Detention and shelter - hearing - time limits -2
findings - review - confinement with adult offenders - restrictions.3
(3) (a) (V) A court shall not order further detention for a juvenile who is4
ten years of age and older but less than thirteen years of age unless the5
juvenile has been arrested or adjudicated for a felony or weapons charge6
pursuant to section 18-12-102, 18-12-105, 18-12-106, or 18-12-108.5.7
The court shall receive any information having probative value regardless8
of its admissibility under the rules of evidence. In determining whether9
a juvenile requires detention, the court shall consider the results of the10
detention screening instrument. There is a rebuttable presumption that a11
juvenile poses a substantial risk of serious harm to others if:12
(6) Except for a juvenile described in section 19-2.5-304 (2), The13
court may also issue A temporary orders ORDER for legal custody pursuant14
to section 19-1-115.15
SECTION 18. In Colorado Revised Statutes, 19-2.5-802, amend16
(1)(a)(I); and repeal (1)(e) as follows:17
19-2.5-802. Transfers. (1) (a) The juvenile court may enter an18
order certifying a juvenile to be held for criminal proceedings in the19
district court if:20
(I) A petition filed in juvenile court alleges the juvenile is:21
(A) Twelve or thirteen years of age at the time of the commission22
of the alleged offense and is a juvenile delinquent by virtue of having23
committed a delinquent act that constitutes a class 1 or class 2 felony or24
a crime of violence, as defined in section 18-1.3-406; or25
(B) Fourteen years of age or older at the time of the commission26
of the alleged offense and is a juvenile delinquent by virtue of having27
HB23-1249
-18- committed a delinquent act that constitutes a CLASS 1 OR CLASS 2 felony1
OR A CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406; and2
(e) Whenever a juvenile under the age of fourteen years is3
sentenced pursuant to section 18-1.3-401 as provided in subsection (1)(d)4
of this section, the department of corrections shall contract with the5
department of human services to house and provide services to the6
juvenile in a facility operated by the department of human services until7
the juvenile reaches the age of fourteen years. On reaching the age of8
fourteen years, the juvenile must be transferred to an appropriate facility9
operated by the department of corrections for the completion of the10
juvenile's sentence.11
SECTION 19. In Colorado Revised Statutes, 19-2.5-1126,12
amend (1)(c)(I)(A) as follows:13
19-2.5-1126. Sentencing - special offenders. (1) The court shall14
sentence a juvenile adjudicated as a special offender as follows:15
(c) Violent juvenile offender. (I) (A) Upon adjudication as a16
violent juvenile offender, as described in section 19-2.5-1125 (3), the17
juvenile must be placed or committed out of the home for not less than18
one year; except that this subsection (1)(c) does not apply to a juvenile19
who is ten THIRTEEN years of age or older, but less than twelve UNDER20
FIFTEEN years of age, when the court finds that an alternative sentence or21
a commitment of less than one year out of the home would be more22
appropriate.23
SECTION 20. In Colorado Revised Statutes, 19-2.5-1511,24
amend (1)(a); and repeal (1)(c) as follows:25
19-2.5-1511. Juvenile detention services and facilities to be26
provided by department of human services - education - expenses -27
HB23-1249
-19- definition. (1) (a) Except as set forth in subsection (1)(c) of this section,1
the THE department of human services shall provide detention services2
for temporary care of a juvenile, pursuant to this article 2.5. The3
department of human services shall consult on a regular basis with the4
court in any district where a detention facility is located concerning the5
detention program at that facility. The department of human services may6
use staff secure facilities to provide preadjudication and postadjudication7
detention services.8
(c) The department of human services is not required to receive9
and provide care for any juvenile who is ten years of age and older but10
less than thirteen years of age, unless such juvenile has been arrested or11
adjudicated for a felony or weapons charge pursuant to section12
18-12-102, 18-12-105, 18-12-106, or 18-12-108.5.13
SECTION 21. In Colorado Revised Statutes, 19-3-308, amend14
(5.3)(a) as follows:15
19-3-308. Action upon report of intrafamilial, institutional, or16
third-party abuse - investigations - child protection team - report -17
rules. (5.3) (a) Local law enforcement agencies have the responsibility18
for the coordination and investigation of all reports of third-party abuse19
or neglect by persons ten THIRTEEN years of age or AND older. Upon20
receipt of a report, if the local law enforcement agency reasonably21
believes that the protection and safety of a child is at risk due to an act or22
omission on the part of persons responsible for the child's care, such23
agency shall notify the county department of human or social services for24
an assessment regarding neglect or dependency. In addition, the local law25
enforcement agency shall refer to the county department of human or26
social services any report of third-party abuse or neglect in which the27
HB23-1249
-20- person allegedly responsible for such abuse or neglect is under age ten1
THIRTEEN YEARS OF AGE. Upon the completion of an investigation, the2
local law enforcement agency shall forward a copy of its investigative3
report to the county department. of human or social services. The county4
department shall review the law enforcement investigative report and5
shall determine whether the report contains information that constitutes6
a case of confirmed child abuse and requires it to be submitted to the state7
department, which report, upon such determination, shall be submitted to8
the state department in the manner prescribed by the state department9
within sixty days after the receipt of the report by the county department.10
SECTION 22. In Colorado Revised Statutes, 22-33-108, amend11
(7)(c)(I) introductory portion as follows:12
22-33-108. Judicial proceedings. (7) (c) (I) If the court finds that13
the child or youth
WHO IS THIRTEEN YEARS OF AGE OR OLDER BUT UNDER14
SEVENTEEN YEARS OF AGE has refused to comply with the plan created for15
the child or youth pursuant to section 22-33-107 (3), the court may16
impose on the child or youth, as a sanction for contempt of court, a17
sentence of detention for no more than forty-eight hours in a juvenile18
detention facility operated by or under contract with the department of19
human services pursuant to section 19-2.5-1511 and any rules20
promulgated by the Colorado supreme court. The court shall not sentence21
a child or youth
WHO IS THIRTEEN YEARS OF AGE OR OLDER BUT UNDER22
SEVENTEEN YEARS OF AGE to detention as a sanction for contempt of court23
unless the court finds that detention is in the best interest of the child or24
youth as well as the public. In making such a finding, the court shall25
consider the following factors, including that:26
SECTION 23. In Colorado Revised Statutes, 24-1.9-102, amend27
HB23-1249
-21- (1)(a) introductory portion, (2)(a), (2)(c), and (2)(f); repeal (2)(i); and1
add (1.3) and (2)(k) as follows:2
24-1.9-102. Memorandum of understanding - local-level3
interagency oversight groups - individualized service and support4
teams - coordination of services for children and families -5
requirements - waiver. (1) (a) Local representatives of each of the6
agencies specified in this subsection (1)(a) and county departments of7
human or social services may SHALL enter into memorandums of8
understanding that are designed to promote a collaborative system of9
local-level interagency oversight groups and individualized service and10
support teams to coordinate and manage the provision of services to11
children and families who would benefit from integrated multi-agency12
services. The memorandums of understanding entered into pursuant to13
this subsection (1) must be between interested county departments of14
human or social services and local representatives of each of the15
following agencies or entities:16
(1.3) T
O MEET THE REQUIREMENT IN SUBSECTION (1)(a) OF THIS17
SECTION, A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY18
COLLABORATE WITH ONE OR MORE NEARBY COUNTY DEPARTMENTS OF19
HUMAN OR SOCIAL SERVICES WHEN ENTERING INTO MEMORANDUMS OF20
UNDERSTANDING TO PROVIDE A LOCAL COLLABORATIVE MANAGEMENT21
PROGRAM. EACH COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES22
MUST PARTICIPATE IN A LOCAL COLLABORATIVE MANAGEMENT PROGRAM .23
(2) (a) Each memorandum of understanding entered into shall
24
MUST include, but is not limited to, the requirements specified in25
paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004,26
utilizing moneys in the performance incentive cash fund created in27
HB23-1249
-22- section 26-5-105.5 (3.2)(a), C.R.S., the state department of human1
services, in conjunction with the judicial department, shall develop and2
make available to the parties specified in paragraph (a) of subsection (1)3
of this section, a model memorandum of understanding based on the4
requirements specified in paragraphs (b) to (j) of this subsection (2)5
SUBSECTIONS (2)(b) TO (2)(k) OF THIS SECTION. ON OR BEFORE DECEMBER6
1,
2023, THE STATE DEPARTMENT OF HUMAN SERVICES , IN CONJUNCTION7
WITH THE JUDICIAL DEPARTMENT, SHALL DEVELOP AND MAKE AVAILABLE8
TO THE PARTIES SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION A MODEL9
MEMORANDUM OF UNDERSTANDING BASED ON THE REQUIREMENTS10
SPECIFIED IN SUBSECTIONS (2)(b) TO (2)(k) OF THIS SECTION.11
(c) Definition of the population to be served. The memorandum12
of understanding must include a functional definition of "children and13
families who would benefit from integrated multi-agency services". The14
LOCAL collaborative management program target population consists of15
at-risk children and youth from birth to twenty-one years of age, or16
families of children or youth, who would benefit from a multi-system17
integrated service plan that may include prevention, intervention, and18
treatment services. T
HE DEFINITION OF THE "POPULATION TO BE SERVED"19
MUST INCLUDE CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER20
THIRTEEN YEARS OF AGE WHO ARE REFERRED TO THE LOCAL21
COLLABORATIVE MANAGEMENT PROGRAM THROUGH THE SUBMISSION OF22
AN INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE23
PURSUANT TO SECTIONS 24-1.9-102.3 AND 19-2.5-303.24
(f) Authorization to create individualized service and support25
teams. The memorandum of understanding shall
MUST include26
authorization for the interagency oversight group to establish27
HB23-1249
-23- individualized service and support teams to develop a service and support1
plan and to provide services to children and families. who would benefit2
from integrated multi-agency services.3
(i) Performance-based measures. The department of human4
services and the persons specified in section 24-1.9-103 (2)(b) shall5
develop performance measures for the system of collaborative6
management, which measures may be modified biennially to ensure that7
the measures remain valid. The memorandum of understanding must8
identify performance measures developed pursuant to this paragraph (i).9
If the parties to the memorandum of understanding meet the identified10
performance measures, the memorandum of understanding must require11
the interagency oversight group to create a procedure, subject to the12
approval of the head or director of each agency or department specified13
in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any14
incentive moneys received by the department of human services and15
allocated pursuant to section 24-1.9-104 to be reinvested by the parties to16
the memorandum of understanding to provide appropriate services to17
children and families who would benefit from integrated multi-agency18
services, as such population is defined by the memorandum of19
understanding pursuant to paragraph (c) of this subsection (2). The parties20
to a memorandum of understanding shall report annually to the21
department of human services on the performance measures identified in22
the parties' memorandum of understanding pursuant to this paragraph (i).23
(k) Establishment of procedure to serve children ten years of24
age or older but under thirteen years of age. (I) T
HE MEMORANDUM25
OF UNDERSTANDING MUST REQUIRE THE INTERAGENCY OVERSIGHT GROUP26
TO ESTABLISH A WRITTEN PROCEDURE FOR THE LOCAL COLLABORATIVE27
HB23-1249
-24- MANAGEMENT PROGRAM TO SERVE CHILDREN TEN YEARS OF AGE OR1
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT WITH2
LAW ENFORCEMENT. THE WRITTEN PROCEDURE MUST INCLUDE :3
(A) A
PROCESS FOR DEVELOPING THE WRITTEN PROCEDURE THAT4
ENSURES THAT SERVICE AND SUPPORT PLANS FOCUS ON THE NEEDS OF THE5
CHILD AND FAMILY UNIT AND CONSIDER THE RECOMMENDATIONS OF THE6
PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN SECTION 19-3-304.4;7
(B) A
PROCESS FOR HOLDING INDIVIDUALIZED SERVICE AND8
SUPPORT TEAM MEETINGS AND DEVELOPING A SERVICE AND SUPPORT9
PLAN, WHEN APPROPRIATE, FOR A CHILD TEN YEARS OF AGE OR OLDER BUT10
UNDER THIRTEEN YEARS OF AGE WHO IS REFERRED TO THE LOCAL11
COLLABORATIVE MANAGEMENT PROGRAM FOR SERVICES ;12
(C) A
PROCESS TO SERVE CHILDREN WHO ARE VICTIMS IDENTIFIED13
ON THE INFORMATION FORM CREATED IN SECTION 24-1.9-102.7 AND WHO14
ARE REFERRED TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM15
FOR SERVICES; AND16
(D) A
NY OTHER MEASURE THE INTERAGENCY OVERSIGHT GROUP17
FINDS NECESSARY TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT18
UNDER THIRTEEN YEARS OF AGE INCLUDING , BUT NOT LIMITED TO,19
MECHANISMS TO REFER THE CHILD TO BEHAVIORAL HEALTH SERVICES20
PURSUANT TO ARTICLE 67 OF TITLE 27; THE CHILD WELFARE PROCESS21
PURSUANT TO ARTICLE 3 OF TITLE 19; OTHER COMMUNITY SERVICES OR22
PROGRAMS, INCLUDING RESTORATIVE JUSTICE PROGRAMS , WHETHER23
BASED IN THE LOCAL COMMUNITY OR ACCESSED THROUGH24
COLLABORATIVE REGIONAL OR STATEWIDE REFERRAL MECHANISMS ;25
SERVICES FUNDED PURSUANT TO SECTION 19-2.5-1404;OR ASSESSMENTS26
FACILITATED BY ASSESSMENT CENTERS PURSUANT TO SECTION 19-1-303.27
HB23-1249
-25- (II) IN DEVELOPING THE WRITTEN PROCEDURE , THE INTERAGENCY1
OVERSIGHT GROUP MUST ENSURE THAT SERVICE AND SUPPORT PLANS2
FOCUS ON THE NEEDS OF THE CHILD AND FAMILY UNIT, AND CONSIDER THE3
REPORT FROM THE PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN4
SECTION 19-3-304.4.5
SECTION 24. In Colorado Revised Statutes, add 24-1.9-102.36
as follows:7
24-1.9-102.3. Duties of individualized service and support8
teams. (1) A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST9
CREATE ONE OR MORE INDIVIDUALIZED SERVICE AND SUPPORT TEAMS . THE10
INDIVIDUALIZED SERVICE AND SUPPORT TEAM MAY REFER A CHILD TO11
SERVICES AND MAY ESTABLISH A SERVICE AND SUPPORT PLAN FOR A CHILD12
AFTER MEETING WITH THE CHILD, THE CHILD'S FAMILY, AND ANY OTHER13
RELEVANT PARTY OR COMMUNITY PARTNERS .14
(2) (a) A
N INDIVIDUALIZED SERVICE AND SUPPORT TEAM SHALL15
REVIEW ALL REFERRALS TO THE LOCAL COLLABORATIVE MANAGEMENT16
PROGRAM FOR CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER17
THIRTEEN YEARS OF AGE WHO ARE REFERRED THROUGH THE SUBMISSION18
OF AN INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE19
CREATED IN SECTION 24-1.9-102.7.20
(b) T
HE INFORMATION FORM FOR CHILDREN UNDER THIRTEEN21
YEARS OF AGE CREATED IN SECTION 24-1.9-102.7, OR ANY OTHER FORM22
CREATED BY THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM , MAY23
BE USED BY MULTIPLE AGENCIES TO REFER CHILDREN TEN YEARS OF AGE24
OR OLDER BUT UNDER THIRTEEN YEARS OF AGE TO A LOCAL25
COLLABORATIVE MANAGEMENT PROGRAM . SUCH AGENCIES INCLUDE, BUT26
ARE NOT LIMITED TO:27
HB23-1249
-26- (I) LAW ENFORCEMENT, WHICH SHALL REFER CHILDREN TEN YEARS1
OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE TO THE LOCAL2
COLLABORATIVE MANAGEMENT PROGRAM PURSUANT TO SECTION3
19-2.5-303;4
(II) A
SCHOOL;5
(III) A
FAMILY RESOURCE CENTER;6
(IV) A
CHILD ADVOCACY CENTER;7
(V) A
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ; AND8
(VI) A
MANDATORY REPORTER .9
(c) A
GENCIES MAY USE THE INFORMATION FORM FOR CHILDREN10
UNDER THIRTEEN YEARS OF AGE , CREATED PURSUANT TO SECTION11
24-1.9-102.7,
TO REFER A CHILD WHO IS A VICTIM OF THE ALLEGED12
CONDUCT BY A CHILD TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN13
YEARS OF AGE TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM . IF14
AN ADULT VICTIM OF THE ALLEGED C ONDUCT BY A CHILD TEN YEARS OF15
AGE OR OLDER BUT UNDER THIRTEEN YE ARS OF AGE SEEKS SERVICES FROM16
THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM , THE LOCAL17
COLLABORATIVE MANAGEMENT PROGRAM SHALL REFER THE ADULT TO18
THE APPROPRIATE VICTIMS ' SERVICES COORDINATOR PURSUANT TO19
SECTION 24-31-106.20
(3) A
N INDIVIDUALIZED SERVICE AND SUPPORT TEAM SHALL21
CREATE AN INITIAL PLAN THAT IS CHILD-CENTERED FOR EVERY CHILD WHO22
IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE AND23
IS REFERRED TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM24
THROUGH THE SUBMISSION OF AN INFORMATION FORM FOR CHILDREN25
UNDER THIRTEEN YEARS OF AGE CREATED PURSUANT TO SECTION26
24-1.9-102.7.
THE INITIAL PLAN MAY INDICATE THAT NO SERVICES ARE27
HB23-1249
-27- NEEDED, THAT ONE OR MORE SPECIFIC SERVICES ARE NEEDED AND CAN BE1
PROVIDED WITHOUT A MEETING , OR THAT AN INDIVIDUALIZED SERVICE2
AND SUPPORT TEAM MEETING MUST OCCUR TO DEVELOP A SERVICE AND3
SUPPORT PLAN FOR THE CHILD. IF THE INFORMATION FORM FOR CHILDREN4
UNDER THIRTEEN YEARS OF AGE INDI CATES THAT A CHILD ENGAGED IN5
EITHER BEHAVIOR THAT CONSTITUTES A CRIME OF VIOLENCE , AS DEFINED6
IN SECTION 18-1.3-406, OR UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED IN7
SECTION 16-22-102, THAT WOULD BE CONSIDERED A FELONY OFFENSE IF8
COMMITTED BY AN ADULT , THE INDIVIDUALIZED SERVICE AND SUPPORT9
TEAM SHALL HOLD A MEETING AND DEVELOP A SERVICE AND SUPPORT10
PLAN, REGARDLESS OF ANY OTHER FACTORS INCLUDED ON THE11
INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE .12
(4) I
F A CHILD WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER13
THIRTEEN YEARS OF AGE IS REFERRED TO A LOCAL COLLABORATIVE14
MANAGEMENT PROGRAM THREE OR MORE TIMES DURING A PERIOD OF15
TWELVE MONTHS, THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM16
SHALL HOLD A MEETING AND DEVELOP A SERVICE AND SUPPORT PLAN ,17
REGARDLESS OF ANY OTHER FACTORS INCLUDED ON THE INFORMATION18
FORM FOR CHILDREN UNDER THIRTEEN YEARS OF AGE DETAILED IN19
SECTION 24-1.9-102.7.20
(5) T
HE INDIVIDUALIZED SERVICE AND SUPPORT TEAM MAY REFER21
A CHILD WHO IS OVER TEN YEARS OF AGE BUT UNDER THIRTEEN YEARS OF22
AGE TO A TREATMENT PROVIDER APPROVED BY THE SEX OFFENDER23
MANAGEMENT BOARD PURSUANT TO SECTION 16-11.7-106 (2)(b) FOR24
DEVELOPMENTALLY APPROPRIATE THERAPY .25
(6) B
EFORE CREATING AN INITIAL PLAN , THE INDIVIDUALIZED26
SERVICE AND SUPPORT TEAM SHALL :27
HB23-1249
-28- (a) CONTACT ANY VICTIM, OR THE VICTIM'S DESIGNEE, IDENTIFIED1
ON THE INFORMATION FORM FOR CHILDREN UNDER THIRTEEN YEARS OF2
AGE CREATED PURSUANT TO THIS SECTION ;3
(b) N
OTIFY THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT THE4
TEAM IS CREATING AN INITIAL PLAN; AND5
(c) P
ROVIDE AN OPPORTUNITY FOR THE VICTIM , OR THE VICTIM'S6
DESIGNEE, TO PROVIDE INPUT TO THE TEAM IN A TRAUMA -INFORMED7
MANNER.8
(7) A
FTER CREATING AN INITIAL PLAN , THE INDIVIDUALIZED9
SERVICE AND SUPPORT TEAM SHALL CONTACT ANY VICTIM , OR THE10
VICTIM'S DESIGNEE, IDENTIFIED ON THE INFORMATION FORM FOR CHILDREN11
UNDER THIRTEEN YEARS OF AGE CREA TED PURSUANT TO THIS SECTION ,12
INFORM THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT A PLAN HAS BEEN13
CREATED, AND SHARE WHETHER OR NOT THE CHILD OR FAMILY HAS BEEN14
REFERRED FOR SERVICES. THE INITIAL PLAN, THE SERVICE AND SUPPORT15
PLAN, AND DETAILS ABOUT THE TYPES OF SERVICES THE CHILD OR FAMILY16
WILL RECEIVE ARE CONFIDENTIAL AND MUST NOT BE SHARED WITH THE17
VICTIM OR THE VICTIM'S DESIGNEE.18
(8) (a) I
F THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM19
DETERMINES THAT A CHILD OR FAMILY MEMBER IS NOT SUBSTANTIALLY20
PARTICIPATING IN THE SERVICES RECOMMENDED IN THE SERVICE AND21
SUPPORT PLAN, THE SERVICE AND SUPPORT TEAM SHALL CONSIDER22
WHETHER PARTICIPATION IS WITHIN THE CHILD 'S OR FAMILY MEMBER'S23
CAPACITY AND PROVIDE ANY ADDITIONAL RESOURCES NECESSARY TO24
ADDRESS BARRIERS TO PARTICIPATION .25
(b) I
F, AFTER THE SERVICE AND SUPPORT TEAM DETERMINES26
PARTICIPATION IS WITHIN THE CHILD'S OR FAMILY MEMBER'S CAPACITY27
HB23-1249
-29- AND RESOURCES PURSUANT TO SUBSECTION (8)(a) OF THIS SECTION AND1
THE CHILD OR FAMILY MEMBER CONTINUES TO FAIL TO SUBSTANTIALLY2
PARTICIPATE IN THE RECOMMENDED SERVICES , THE INDIVIDUALIZED3
SERVICE AND SUPPORT TEAM SHALL HOLD A MEETING . THE COUNTY4
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL PARTICIPATE IN THE5
MEETING. THE CHILD AND THE CHILD'S FAMILY MUST BE GIVEN SUFFICIENT6
NOTICE OF THE MEETING IN ORDER TO ATTEND THE MEETING . THE7
MEETING MUST OCCUR EVEN IF THE CHILD OR THE CHILD 'S FAMILY DOES8
NOT ATTEND.9
(c) D
URING THE MEETING HELD PURSUANT TO SUBSECTION (8)(b)10
OF THIS SECTION, THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL11
SERVICES SHALL DETERMINE WHETHER TO CONTINUE PROVIDING12
PREVENTION AND INTERVENTION SERVICES IN ACCORDANCE WITH THE13
RULES ADOPTED BY THE STATE BOARD OF HUMAN SERVICES OR WHETHER14
THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL15
CONDUCT AN ASSESSMENT OR INVESTIGATION PURSUANT TO SECTIONS16
19-3-308,
19-3-308.3, AND 19-3-308.5 AND THE RULES ADOPTED BY THE17
STATE BOARD OF HUMAN SERVICES .18
(d) I
N DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE19
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER20
THE VULNERABILITY OF THE REFERRED CHILD AND ANY CHILDREN21
IDENTIFIED AS VICTIMS OF THE REFERRED CHILD 'S BEHAVIOR; ANY22
INFORMATION IN THE CHILD WELFARE INFORMATION SYSTEM AND ANY23
AVAILABLE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES FILES ;24
AND ANY ALLEGATIONS OF KNOWN OR SUSPECTED CHILD ABUSE OR25
NEGLECT, AS DESCRIBED IN SECTION 19-3-102, INCLUDING ALLEGATIONS26
THAT THE CHILD:27
HB23-1249
-30- (I) LACKS PROPER PARENTAL CARE OR SUPERVISION PURSUANT TO1
SECTION 19-3-102;2
(II) I
S BEYOND THE CONTROL OF THE CHILD'S PARENT, GUARDIAN,3
OR LEGAL CUSTODIAN PURSUANT TO SECTION 19-3-102; OR4
(III) I
S NOT RECEIVING PROPER OR NECESSARY SUSTENANCE ,5
EDUCATION, MEDICAL CARE, OR ANY OTHER CARE NECESSARY FOR THE6
CHILD'S HEALTH, GUIDANCE, OR WELL-BEING PURSUANT TO SECTION7
19-3-102.8
(e) I
N DETERMINING WHETHER TO CONDUCT AN ASSESSMENT , THE9
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL CONSIDER10
WHETHER AN ASSESSMENT IS APPROPRIATE FOR ANY PROGRAM AREAS11
IDENTIFIED IN THE RULES ADOPTED BY THE STATE BOARD OF HUMAN12
SERVICES, INCLUDING ANY EXISTING PROGRAM AREAS CREATED TO13
PROVIDE THE FOLLOWING:14
(I) P
REVENTION AND INTERVENTION SERVICES TO CHILDREN ,15
YOUTH, AND FAMILIES AT RISK OF INVOLVEMENT WITH THE CHILD16
WELFARE SYSTEM;17
(II) S
ERVICES TO YOUTH IN CONFLICT WITH THE YOUTH 'S FAMILY18
MEMBERS OR THE COMMUNITY ;19
(III) S
ERVICES TO CHILDREN IN NEED OF PROTECTION , INCLUDING20
CHILDREN WHOSE PHYSICAL , MENTAL, OR EMOTIONAL WELL-BEING IS21
THREATENED OR HARMED DUE TO CHILD ABUSE OR NEGLECT , AS22
DESCRIBED IN SECTION 19-3-102;23
(IV) S
ERVICES FOR CHILDREN AND THE CHILDREN 'S FAMILIES IN24
NEED OF SPECIALIZED SERVICES; AND25
(V) S
ERVICES RELATED TO RESOURCE DEVELOPMENT .26
(f) I
F A CHILD ALLEGEDLY ENGAGED IN UNLAWFUL SEXUAL27
HB23-1249
-31- BEHAVIOR, AS DEFINED IN SECTION 16-22-102, THAT WOULD BE A FELONY1
OFFENSE IF COMMITTED BY AN ADULT, AND THE INDIVIDUALIZED SERVICE2
AND SUPPORT TEAM DETERMINES THAT THE CHILD OR CHILD 'S FAMILY3
MEMBERS IS NOT SUBSTANTIALLY PARTICIPATING IN THE SERVICES4
RECOMMENDED IN THE INITIAL PLAN OR THE SERVICE AND SUPPORT PLAN5
AND PARTICIPATION IS WITHIN THE CHILD 'S OR THE CHILD'S FAMILY6
MEMBER'S CAPACITY AND RESOURCES, AND THE DECISION BY THE COUNTY7
DEPARTMENT OF HUMAN OR SOCIAL SERVICES IS TO DECLINE AN8
ASSESSMENT, AT LEAST TWO CERTIFIED CHILD WELFARE STAFF MEMBERS9
FROM THE SAME COUNTY OR IN CONJUNCTION WITH ANOTHER COUNTY10
SHALL MAKE THE DECISION.11
(g) T
HE DETERMINATIONS MADE PURSUANT TO SUBSECTIONS (8)(c)12
TO (8)(f) OF THIS SECTION MUST BE INCLUDED IN A WRITTEN UPDATE TO13
THE CHILD'S SERVICE AND SUPPORT PLAN.14
(9) I
F THE INDIVIDUALIZED SERVICE AND SUPPORT TEAM15
DETERMINES THAT THE CHILD OR FAMILY MEMBER IS NOT SUBSTANTIALLY16
PARTICIPATING IN SERVICES, THE INDIVIDUALIZED SERVICE AND SUPPORT17
TEAM SHALL:18
(a) C
ONTACT THE VICTIM, OR THE VICTIM'S DESIGNEE, IDENTIFIED19
ON THE INFORMATION FORM FOR CHILDREN TEN YEARS OF AGE OR OLDER20
BUT UNDER THIRTEEN YEARS OF AGE PURSUANT TO SECTION 24-1.9-102.7;21
(b) N
OTIFY THE VICTIM, OR THE VICTIM'S DESIGNEE, THAT THE22
INDIVIDUALIZED SERVICE AND SUPPORT TEAM IS MEETING TO ADDRESS THE23
LACK OF PARTICIPATION; AND24
(c) P
ROVIDE AN OPPORTUNITY FOR THE VICTIM , OR THE VICTIM'S25
DESIGNEE, TO RESPOND TO THE INDIVIDUALIZED SERVICE AND SUPPORT26
TEAM.27
HB23-1249
-32- (10) ONLY THE FOLLOWING PERSONS OR AGENCIES HAVE ACCESS1
TO RECORDS CREATED BY AN INDIVIDUALIZED SERVICE AND SUPPORT2
TEAM, INCLUDING INITIAL PLANS AND SERVICE AND SUPPORT PLANS :3
(a) T
HE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES4
WHEN INVESTIGATING A REPORT OF A KNOWN OR SUSPECTED INCIDENT OF5
CHILD ABUSE OR NEGLECT OR PROVIDING SERVICES FOR A CHILD OR6
FAMILY THAT IS THE SUBJECT OF THE REPORT;7
(b) A
N AGENCY WITH LEGAL RESPONSIBILITY OR AUTHORIZATION8
TO CARE FOR, TREAT, OR SUPERVISE A CHILD WHO IS THE SUBJECT OF THE9
RECORD;10
(c) A
PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR OTHER PERSON11
RESPONSIBLE FOR THE HEALTH OR WELFARE OF A CHILD NAMED IN A12
RECORD, OR THE ASSIGNED DESIGNEE OF ANY SUCH PERSON ACTING BY13
AND THROUGH A VALIDLY EXECUTED POWER OF ATTORNEY ;14
(d) T
HE CHILD NAMED IN THE RECORD AND THE CHILD'S GUARDIAN15
AD LITEM OR COUNSEL FOR YOUTH ;16
(e) (I) A
SERVICE PROVIDER WHO IS AND CONTINUES TO BE17
OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE CARE OF THE CHILD18
WHO IS THE SUBJECT OF THE RECORD , BUT ONLY WITH REGARD TO19
INFORMATION THAT THE SERVICE PROVIDER HAS A NEED TO KNOW IN20
ORDER TO FULFILL THE SERVICE PROVIDER'S PROFESSIONAL, OFFICIAL, AND21
ONGOING ROLE, INCLUDING:22
(A) H
OSPITAL PERSONNEL ENGAGED IN THE ADMISSION , CARE, OR23
TREATMENT OF THE CHILD;24
(B) M
ENTAL HEALTH PROFESSIONALS ;25
(C) P
HYSICIANS OR SURGEONS , INCLUDING PHYSICIANS IN26
TRAINING;27
HB23-1249
-33- (D) REGISTERED NURSES OR LICENSED PRACTICAL NURSES ;1
(E) D
ENTISTS;2
(F) P
SYCHOLOGISTS LICENSED PURSUANT TO PART 3 OF ARTICLE3
245
OF TITLE 12;4
(G) U
NLICENSED PSYCHOTHERAPISTS ;5
(H) P
ROFESSIONAL COUNSELORS LICENSED PURSUANT TO PART 66
OF ARTICLE 245 OF TITLE 12;7
(I) M
ARRIAGE AND FAMILY THERAPISTS LICENSED PURSUANT TO8
PART 5 OF ARTICLE 245 OF TITLE 12;9
(J) P
UBLIC OR PRIVATE SCHOOL OFFICIALS OR EMPLOYEES ;10
(K) S
OCIAL WORKERS LICENSED PURSUANT TO PART 4 OF ARTICLE11
245
OF TITLE 12 OR INDIVIDUALS EMPLOYED BY AN AGENCY THAT IS12
LICENSED OR CERTIFIED PURSUANT TO PART 9 OF ARTICLE 6 OF TITLE 26 OR13
PART 3 OF ARTICLE 5 OF TITLE 26.5;14
(L) V
ICTIM'S ADVOCATES, AS DEFINED IN SECTION 13-90-10715
(1)(k)(II);16
(M) C
LERGY MEMBERS, AS DEFINED IN SECTION 19-3-30417
(2)(aa)(III);
AND18
(N) E
DUCATORS PROVIDING SERVICES THROUGH THE FEDERAL19
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN , INFANTS, AND20
CHILDREN, AS PROVIDED FOR IN 42 U.S.C. SEC. 1786.21
(II) I
NFORMATION DISCLOSED TO A SERVICE PROVIDER PURSUANT22
TO THIS SUBSECTION (10)(e) IS CONFIDENTIAL AND SHALL NOT BE23
DISCLOSED BY THE SERVICE PROVIDER TO ANY OTHER PERSON , EXCEPT AS24
PROVIDED BY LAW.25
SECTION 25. In Colorado Revised Statutes, amend26
24-1.9-102.5 as follows:27
HB23-1249
-34- 24-1.9-102.5. Evaluation. The department of human services1
shall ensure that an annual external evaluation of the statewide program2
and each county or regional program is conducted by an independent3
outside entity. The department may contract with the outside entity to4
conduct an external evaluation of those counties that opted not to5
participate in the collaborative management program. The department of6
human services shall utilize moneys MONEY in the performance-based7
collaborative management incentive cash fund created in section8
24-1.9-104, or any general fund moneys MONEY appropriated for this9
purpose, for annual external evaluations of the counties participating in10
memorandums of understanding pursuant to section 24-1.9-102, also11
known as the
LOCAL collaborative management program, as well as
12
external evaluations as determined by the department of human services13
of those counties that opted to not participate in the collaborative14
management program. The annual external evaluation must include any15
evaluation that may be required in connection with a waiver authorized16
pursuant to section 24-1.9-102 (4) and an evaluation of whether the17
parties to a
LOCAL collaborative management program have successfully18
met or exceeded the performance
measures identified in the parties'19
memorandum of understanding pursuant to section 24-1.9-102. (2)(i).20
Each county participating in the
LOCAL collaborative management21
program shall participate fully in the annual external evaluation.22
SECTION 26. In Colorado Revised Statutes, amend23
24-1.9-102.7 as follows:24
24-1.9-102.7. Technical assistance. (1) The department of25
human services shall develop and implement training for counties26
participating in or interested in participating in
the LOCAL collaborative27
HB23-1249
-35- management program. The department of human services shall utilize1
moneys MONEY in the performance-based collaborative management2
incentive cash fund created in section 24-1.9-104, or any general fund3
moneys MONEY appropriated for this purpose, to develop and implement4
training
AND OVERSIGHT for counties. The training shall
MUST identify5
management strategies to collaborate effectively and efficiently to share6
resources or to manage and integrate the treatment and services provided7
to children and families receiving collaborative management services8
pursuant to this article ARTICLE 1.9, AND STRATEGIES TO ADDRESS THE9
NEEDS OF CHILDREN TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN10
YEARS OF AGE WHO COME IN CONTACT WITH LAW ENFORCEMENT . IN11
DEVELOPING THE TRAINING AND STRATEGIES TO INTEGRATE TREATMENT12
AND SERVICES FOR CHILDREN WHO HAVE ENGAGED IN BEHAVIOR IN WHICH13
THE UNDERLYING FACTUAL BASIS INVOLVES UNLAWFUL SEXUAL14
BEHAVIOR, THE DEPARTMENT OF HUMAN SERVICES SHALL CONSULT THE15
SEX OFFENDER MANAGEMENT BOARD CREATED PURSUANT TO SECTION16
16-11.7-103.
IN DEVELOPING THE TRAINING AND OVERSIGHT , THE17
DEPARTMENT OF HUMAN SERVICES SHALL CONSIDER THE REPORT FROM18
THE PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN SECTION19
19-3-304.4.20
(2) O
N OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF21
HUMAN SERVICES SHALL DEVELOP A MODEL WRITTEN PROCEDURE22
PURSUANT TO SECTION 24-1.9-102 TO SERVE CHILDREN TEN YEARS OF AGE23
OR OLDER BUT UNDER THIRTEEN YEARS OF AGE AND CHILDREN WHO ARE24
VICTIMS IDENTIFIED ON THE INFORMATION FORM CREATED IN SUBSECTION25
(3)
OF THIS SECTION.26
(3) O
N OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF27
HB23-1249
-36- HUMAN SERVICES SHALL, IN CONSULTATION WITH REPRESENTATIVES FROM1
LOCAL LAW ENFORCEMENT AGENCIES , CREATE AN INFORMATION FORM FOR2
CHILDREN UNDER THIRTEEN YEARS OF AGE TO BE COMPLETED BY LAW3
ENFORCEMENT AND ANY OTHER PARTY REFERRING A CHILD TO A LOCAL4
COLLABORATIVE MANAGEMENT PROGRAM FOR ASSESSMENT AND5
SERVICES. THE INFORMATION FORM FOR CHILDREN UNDER THIRTEEN6
YEARS OF AGE MUST INCLUDE:7
(a) A
DESCRIPTION OF THE ALLEGED CONDUCT OF THE CHILD AND8
THE ALLEGED VICTIM OF THE CONDUCT , IF ANY, AND THE VICTIM'S9
DESIGNEE, IF ANY;10
(b) I
NFORMATION CONCERNING THE CHILD 'S POTENTIAL NEED FOR11
SERVICES, IF KNOWN;12
(c) C
ONTACT INFORMATION FOR THE CHILD 'S PARENT, LEGAL13
GUARDIAN, OR ADULT WHO RESIDES WITH THE CHILD ;14
(d) A
SPACE FOR LAW ENFORCEMENT TO INDICATE WHETHER THE15
ALLEGED CONDUCT OF THE CHILD CONSTITUTES EITHER A CRIME OF16
VIOLENCE, AS DEFINED IN SECTION 18-1.3-406, OR UNLAWFUL SEXUAL17
BEHAVIOR, AS DEFINED IN SECTION 16-22-102, THAT WOULD CONSTITUTE18
A FELONY OFFENSE IF COMMITTED BY AN ADULT ;19
(e) A
NY INFORMATION REQUIRED FOR A VICTIM TO REQUEST20
SERVICES OR COMPENSATION PURSUANT TO ARTICLE 4.1 OF TITLE 24; AND21
(f) A
N ATTESTATION, TO BE SIGNED BY THE PARENT , LEGAL22
GUARDIAN, LEGAL CUSTODIAN OF THE CHILD, OR ADULT RESIDING WITH23
THE CHILD, AGREEING TO COOPERATE WITH THE LOCAL COLLABORATIVE24
MANAGEMENT PROGRAM AND ATTEND ANY M EETINGS SCHEDULED BY THE25
INDIVIDUALIZED SERVICE AND SUPPORT TEAM .26
(4) O
N OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF27
HB23-1249
-37- HUMAN SERVICES SHALL ESTABLISH A TIME FRAME FOR :1
(a) S
UBMITTING AN INFORMATION FORM FOR CHILDREN TEN YEARS2
OF AGE OR OLDER BUT UNDER THE AGE OF THIRTEEN TO A LOCAL3
COLLABORATIVE MANAGEMENT PROGRAM ;4
(b) F
INALIZING AN INITIAL PLAN AND SHARING THE PLAN WITH THE5
CHILD AND THE CHILD'S FAMILY; AND6
(c) C
OMPLETING AN INDIVIDUALIZED SERVICE AND SUPPORT TEAM7
MEETING, SHOULD ONE BE NEEDED.8
(5) T
HE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP A9
SYSTEM TO REVIEW AND PROVIDE TECHNICAL ASSISTANCE FOR10
IMPLEMENTING WRITTEN PROCEDURES TO SERVE CHILDREN TEN YEARS OF11
AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT12
WITH LAW ENFORCEMENT PURSUANT TO SECTION 24-1.9-102.3.13
B
EGINNING JULY 1, 2024, AND EACH JULY 1 THEREAFTER, THE14
DEPARTMENT OF HUMAN SERVICES SHALL REVIEW ALL WRITTEN15
PROCEDURES TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT16
UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT WITH LAW17
ENFORCEMENT AND CHILDREN WHO ARE VICTIMS IDENTIFIED ON THE18
INFORMATION FORM CREATED IN SUBSECTION (3) OF THIS SECTION.19
SECTION 27. In Colorado Revised Statutes, 24-1.9-103, amend20
(1)(a), (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI); and add (1)(b.5) as21
follows:22
24-1.9-103. Reports - executive director review.23
(1) Commencing January 1, 2007, and on or before each January 124
thereafter, each interagency oversight group shall provide a report to the25
executive director of each department and agency that is a party to any26
memorandum of understanding entered into that includes:27
HB23-1249
-38- (a) The number of children and families served through the1
local-level individualized service and support teams and the outcomes of2
the services provided, including
THE NUMBER AND AGE OF THE CHILDREN3
SERVED, A DESCRIPTION OF THE OUTCOMES FOR CHILDREN TEN YEARS OF4
AGE OR OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE CONTACT5
WITH LAW ENFORCEMENT , A DESCRIPTION OF THE OUTCOMES FOR6
CHILDREN WHO ARE VICTIMS IDENTIFIED ON THE INFORMATION FORM7
CREATED IN SECTION 24-1.9-102.7, AND a description of any reduction in8
duplication or fragmentation of services provided and a description of any9
significant improvement in outcomes for children and families;10
(b.5) T
HE NUMBER OF CHILDREN AND FAMILIES THAT WERE11
REFERRED TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND DID12
NOT RECEIVE RECOMMENDED SERVICES , INCLUDING A DESCRIPTION OF THE13
SERVICES THAT WERE RECOMMENDED BUT NOT PROVIDED , AND A14
DESCRIPTION OF THE BARRIERS TO PROVIDING SUCH SERVICES ;15
(c) An accounting of moneys
MONEY that were WAS reinvested in16
additional services provided to children or families who would benefit17
from integrated multi-agency services due to cost-savings that may have18
resulted; or due to meeting or exceeding performance measures identified19
in the memorandum of understanding pursuant to section 24-1.9-10220
(2)(i);21
(2) (b) The following persons or their designees shall attend the22
annual meeting required pursuant to subsection (2)(a) of this section:23
(II) A superintendent of a school district that has entered into a24
memorandum of understanding, and has met or exceeded the performance25
measures identified in the memorandum of understanding pursuant to26
section 24-1.9-102 (2)(i), as such superintendent is selected by the27
HB23-1249
-39- commissioner of education;1
(III) A director of a county department of human or social services2
that has entered into a memorandum of understanding, and has met or3
exceeded the performance measures identified in the memorandum of4
understanding pursuant to section 24-1.9-102 (2)(i), as such director is5
selected by the executive director of the state department of human6
services;7
(VI) A director of a local mental health center that has entered8
into a memorandum of understanding, and has met or exceeded the9
performance measures identified in the memorandum of understanding10
pursuant to section 24-1.9-102 (2)(i), as such director is selected by the11
executive director of the department of human services;12
SECTION 28. In Colorado Revised Statutes, amend 24-1.9-10413
as follows:14
24-1.9-104. Cash fund - creation - grants, gifts, and donations.15
(1) On July 1, 2005, there shall be created in the state treasury the16
performance-based collaborative management incentive cash fund, which17
shall be referred to in this section as the "fund". The moneys MONEY in18
the fund shall be subject to annual appropriation by the general assembly19
to the department of human services for state fiscal year 2005-06 and20
each fiscal year thereafter. The fund shall consist of moneys MONEY21
received from docket fees in civil actions and transferred as specified in22
section 13-32-101. (5)(a)(II), C.R.S.23
(1.5) O
N JULY 1, 2024, AND ANNUALLY THEREAFTER , THE24
GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE COLLABORATIVE25
MANAGEMENT CASH FUND TO SERVE CHILDREN TEN YEARS OF AGE OR26
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE HAD CONTACT27
HB23-1249
-40- WITH LAW ENFORCEMENT .1
(2) The executive director of the department of human services is2
authorized to accept and expend on behalf of the state any grants, gifts,3
or donations from any private or public source for the purposes of this4
section. All private and public funds received through grants, gifts, or5
donations shall be transmitted to the state treasurer, who shall credit the6
same to the fund in addition to moneys MONEY credited pursuant to7
subsection (1) of this section and any moneys MONEY that may be8
appropriated to the fund directly by the general assembly. All investment9
earnings derived from the deposit and investment of moneys MONEY in10
the fund shall remain in the fund and shall not be transferred or revert to11
the general fund of the state or any other fund at the end of any fiscal12
year.13
(2.5) Notwithstanding any provision of this section to the14
contrary, on June 1, 2009, the state treasurer shall deduct three hundred15
thousand dollars from the fund and transfer such sum to the general fund.16
(3) (a) On and after July 1, 2005, the executive director of the17
department of human services shall allocate the moneys MONEY in the18
fund, and any general fund moneys MONEY appropriated for this purpose,19
to provide incentives to parties to a memorandum of understanding who20
have agreed to performance-based collaborative management pursuant to21
section 24-1.9-102. (2)(i) and who, based upon the annual report to the22
department of human services pursuant to section 24-1.9-102 (2)(i), have23
successfully met or exceeded the performance measures identified in the24
parties' memorandum of understanding pursuant to section 24-1.9-10225
(2)(i). The incentives shall be used to provide services to children and26
families who would benefit from integrated multi-agency services, as27
HB23-1249
-41- such population is defined by the memorandum of understanding pursuant1
to section 24-1.9-102 (2)(c). THE EXECUTIVE DIRECTOR OF THE2
DEPARTMENT OF HUMAN SERVICES SHALL :3
(I) B
EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION4
(3)(a)(I),
PROVIDE AN ANNUAL SUM TO EACH LOCAL COLLABORATIVE5
MANAGEMENT PROGRAM TO SERVE CHILDREN TEN YEARS OF AGE OR6
OLDER BUT UNDER THIRTEEN YEARS OF AGE WHO HAVE HAD CONTACT7
WITH LAW ENFORCEMENT . FOR THE 2023-24 STATE FISCAL YEAR, THE SUM8
PROVIDED TO EACH LOCAL COLLABORATIVE MANAGEMENT PROGRAM9
MUST BE USED TO SERVE CHILDREN TEN YEARS OF AGE OR OLDER BUT10
UNDER THIRTEEN YEARS OF AGE W HO HAVE HAD CONTACT WITH LAW11
ENFORCEMENT, INCLUDING HIRING ADDITIONAL STAFF , IF NEEDED. IN12
SUBSEQUENT STATE FISCAL YEARS , THE AMOUNT OF THE SUM PROVIDED13
TO EACH LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST BE14
DETERMINED THROUGH A FUNDING FORMULA THAT CONSIDERS :15
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;16
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND17
THE CHILD'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND18
(C) T
HE NUMBER OF CLIENTS TEN YEARS OF AGE OR OLDER BUT19
UNDER THIRTEEN YEARS OF AGE WHO NEED TO BE SERVED IN EACH20
COUNTY OR REGION; AND21
(II) B
EGINNING JULY 1, 2024, PROVIDE AN ANNUAL SUM TO EACH22
LOCAL COLLABORATIVE MANAGEMENT PROGRAM TO PROVIDE SERVICES23
TO A CHILD AND A CHILD'S FAMILY MEMBERS WHO WOULD BENEFIT FROM24
INTEGRATED MULTI-AGENCY SERVICES, AS THE POPULATION IS DEFINED BY25
THE MEMORANDUM OF UNDERSTANDING PURSUANT TO SECTION26
24-1.9-102,
AS DETERMINED THROUGH A F UNDING FORMULA THAT27
HB23-1249
-42- CONSIDERS:1
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;2
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND3
THE CHILD'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND4
(C) T
HE NUMBER OF CLIENTS IN THE POPULATION TO BE SERVED ,5
AS DEFINED BY THE MEMORANDUM OF UNDERSTANDING PURSUANT TO6
SECTION 14-1.9-102, IN EACH COUNTY OR REGION.7
(a.5) On and after July 1, 2008, the executive director of the8
department of human services is authorized to allocate moneys
MONEY in9
the fund, and any general fund moneys MONEY appropriated for this10
purpose, to be used to cover the direct and indirect costs of the external11
evaluation of the performance-based collaborative management program12
described in section 24-1.9-102 and the technical assistance and training13
for counties as described in section 24-1.9-102.7.14
(b) For purposes of allocating incentive moneys MONEY pursuant15
to this subsection (3), the executive director of the department of human16
services shall submit an accounting of moneys MONEY in the fund,17
available for incentives, and any general fund moneys MONEY18
appropriated for this purpose, and a proposal for the allocation of19
incentive moneys MONEY to the state board of human services for review20
and approval prior to the allocation of the moneys MONEY. The state21
board of human services shall approve the proposal not later than thirty22
days after receipt of the proposal from the executive director of the23
department of human services.24
SECTION 29. In Colorado Revised Statutes, 24-4.1-102, amend25
(1), (10)(a) introductory portion, (10)(a)(I), (10)(b), and (10)(c); and add26
(3.5) as follows:27
HB23-1249
-43- 24-4.1-102. Definitions. As used in this part 1, unless the context1
otherwise requires:2
(1) "Applicant" means any victim of a compensable crime
OR3
COMPENSABLE ACT who applies to the fund for compensation under
4
PURSUANT TO this part 1. In the case of such victim's death, the term5
includes any person who was his THE VICTIM'S dependent at the time of6
the death of that victim.7
(3.5) "C
OMPENSABLE ACT" MEANS AN ACT COMMITTED BY A8
JUVENILE WHO IS TEN YEARS OF AGE OR OLDER BUT UNDER THIRTEEN9
YEARS OF AGE THAT, IF COMMITTED BY A PERSON WHO IS THIRTEEN YEARS10
OF AGE OR OLDER, IS PUNISHABLE AS A CRIME IN THIS STATE THAT IS AN11
INTENTIONAL, KNOWING, RECKLESS, OR NEGLIGENT ACT, INCLUDING:12
(a) A
N ACT IN VIOLATION OF SECTION 42-4-1301 (1) OR (2) THAT13
RESULTS IN RESIDENTIAL PROPERTY DAMAGE TO OR BODILY INJURY OR14
DEATH OF ANOTHER PERSON OR RESULTS IN LOSS OF OR DAMAGE TO15
EYEGLASSES, DENTURES, HEARING AIDS, OR OTHER PROSTHETIC OR16
MEDICAL DEVICE;17
(b) A
N ACT IN VIOLATION OF SECTION 42-4-1402 OR 42-4-160118
THAT RESULTS IN THE DEATH OR BODILY INJURY OF ANOTHER PERSON ; OR19
(c) A
FEDERAL OFFENSE THAT IS COMPARABLE TO THOSE SPECIFIED20
IN THIS SUBSECTION (3.5) AND IS COMMITTED IN THIS STATE.21
(10) (a) "Victim" means any of the following persons who suffer22
property damage, economic loss, injury, or death as a result of a23
compensable crime
OR COMPENSABLE ACT perpetrated or attempted in24
whole or in part in this state:25
(I) Any person against whom a compensable crime
OR26
COMPENSABLE ACT is perpetrated or attempted. Such person shall be27
HB23-1249
-44- referred to as a "primary victim".1
(b) "Victim" also means a person who suffers injury or death, the2
proximate cause of which is a compensable crime
OR COMPENSABLE ACT3
perpetrated or attempted in the person's presence against a primary victim.4
(c) "Victim" also means a person who is a resident of this state5
and who is a victim of a crime that occurred outside of this state, where6
the crime would be a compensable crime
OR COMPENSABLE ACT had it7
occurred in this state and where the state or country in which the crime8
occurred does not have a crime victim compensation program for which9
the person would be eligible.10
SECTION 30. In Colorado Revised Statutes, 24-4.1-105, amend11
(2)(b) as follows:12
24-4.1-105. Application for compensation. (2) (b) In order to13
be eligible for compensation for property damage under
PURSUANT TO14
this part 1, the applicant shall submit a report or case number, if15
reasonably available, from a law enforcement agency which shall set16
THAT SETS forth the nature of the property damage which is the result of17
a compensable crime
OR COMPENSABLE ACT. AN INFORMATION FORM FOR18
CHILDREN UNDER THIRTEEN YEARS OF AGE , PURSUANT TO SECTION19
24-1.9-102.3,
MAY BE SUBMITTED BY THE APPLICANT IN PLACE OF A LAW20
ENFORCEMENT REPORT.21
SECTION 31. In Colorado Revised Statutes, 24-4.1-108, amend22
(1) introductory portion, (1)(a), (1.5) introductory portion, and (1.5)(a) as23
follows:24
24-4.1-108. Awarding compensation. (1) A person is entitled to25
an award of compensation under
PURSUANT TO this part 1 if:26
(a) The person is a victim or a dependent of a victim or a27
HB23-1249
-45- successor in interest under the "Colorado Probate Code" of a victim of a1
compensable crime which was perpetrated on or after July 1, 1982, OR A2
COMPENSABLE ACT PERPETRATED ON OR AFTER JULY 1, 2024, and which3
THE COMPENSABLE CRIME OR COMPENSABLE ACT resulted in a loss;4
(1.5) A person is entitled to an award of compensation for5
property damage under PURSUANT TO this part 1 if:6
(a) The person is a victim of a compensable crime which was7
perpetrated on or after July 1, 1983,
OR A COMPENSABLE ACT8
PERPETRATED ON OR AFTER JULY 1, 2024, and which
THE COMPENSABLE9
CRIME OR COMPENSABLE ACT resulted in property damage;10
SECTION 32. In Colorado Revised Statutes, 24-4.1-109, amend11
(1.5)(a) introductory portion and (1.5)(a)(I)(A) as follows:12
24-4.1-109. Losses compensable. (1.5) (a) Losses compensable13
under PURSUANT TO this part 1 resulting from property damage include:14
(I) (A) Repair or replacement of property damaged as a result of15
a compensable crime
OR COMPENSABLE ACT; or16
SECTION 33. In Colorado Revised Statutes, 24-4.1-117, amend17
(2) as follows:18
24-4.1-117. Fund created - control of fund. (2) The fund19
consists of all money paid as a cost or surcharge levied on criminal20
actions, as provided in section 24-4.1-119; any federal money available21
to state or local governments for victim compensation; all money received22
from any action or suit to recover damages from an assailant for a23
compensable crime which
OR COMPENSABLE ACT THAT was the basis for24
an award of, and limited to, compensation received under PURSUANT TO25
this part 1; any restitution paid by an assailant to a victim for damages for26
a compensable crime which OR COMPENSABLE ACT THAT was the basis for27
HB23-1249
-46- an award received under PURSUANT TO this part 1 and for damages for1
which the victim has received an award of, and limited to, compensation2
received under PURSUANT TO this part 1; money transferred from the3
marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any4
other money that the general assembly may appropriate or transfer to the5
fund.6
SECTION 34. Act subject to petition - effective date -7
applicability. (1) Sections 23, 26, and 34 of this act, and section8
24-1.9-104 (3)(a) introductory portion and (3)(a)(I) in section 28 of this9
act, take effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after adjournment of the general assembly, and the11
remainder of this act takes effect July 1, 2024; except that, if a12
referendum petition is filed pursuant to section 1 (3) of article V of the13
state constitution against this act or an item, section, or part of this act14
within the ninety-day period after final adjournment of the general15
assembly, then the act, item, section, or part will not take effect unless16
approved by the people at the general election to be held in November17
2024 and, in such case, will take effect on the date of the official18
declaration of the vote thereon by the governor.19
(2) This act applies to offenses committed and to confinement or20
detention ordered on or after the applicable effective date of this act.21
HB23-1249
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