First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0252.01 Jacob Baus x2173
SENATE BILL 23-039
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO REDUCE FAMILY SEPARATION CAUSED BY101
A PARENT'S DETENTION.102
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
.)
The bill requires the department of human services to promulgate
rules that facilitate communication and family time between children and
their parents who are incarcerated.
The bill requires the court and the prison or jail where the parent
is incarcerated to facilitate the parent's attendance and participation in
proceedings for the parent's dependency and neglect case.
SENATE SPONSORSHIP
Buckner,
HOUSE SPONSORSHIP
Amabile,
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. Under current law, after an order of adjudication in a dependency
and neglect case, the court holds a dispositional hearing. The bill requires,
except in instances when the proposed disposition is termination of the
parent-child legal relationship, if a child's parent is incarcerated, that the
court approve a treatment plan for the parent that specifies how the parent
may participate in future meetings and hearings, including services and
treatments available to the parent at the prison or jail, and opportunities
for meaningful, in-person family time at the prison unless the family time
does not serve the best interests of the child.
Under current law, the court may terminate the parent-child legal
relationship based on statutorily created circumstances. The bill
eliminates the parent's incarceration and related conditions as a basis for
terminating the parent-child relationship.
Under current law, if the court finds that there is not a substantial
probability that the child will be returned to a parent or legal guardian
within 6 months and the child satisfies criteria for adoption, the court may
require the county department of human services to show cause why it
should not file a motion to terminate the parent-child legal relationship.
The bill states that such cause may exist if the parent is incarcerated,
detained by the United States department of homeland security, or
deported, and if the parent has maintained a meaningful and safe
relationship with the child while incarcerated, detained, or deported.
The bill requires the department of corrections to create and submit
an annual report to the judiciary committees of the senate and house of
representatives concerning parents who are incarcerated, and make the
report publically available.
The bill requires the department of corrections to develop
opportunities and promulgate policies to facilitate continued relationships
between children and their parents who are incarcerated.
The bill requires the department of corrections to designate a
family services coordinator, who is responsible for duties related to
children and their parents who are incarcerated.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) At least seven percent, or more than ninety-two thousand, of4
Colorado children at some time during their childhood have a parent or5
guardian who was or is incarcerated;6
(b) At least one in four Colorado children who are adjudicated7
SB23-039-2- dependent or neglected have a parent or guardian who was incarcerated1
at some time during dependency and neglect proceedings;2
(c) The incarceration of a parent disproportionately affects3
children of color and exacerbates the number of children living in4
poverty;5
(d) Having a parent who is incarcerated hinders a child's academic6
achievement. In particular, children who have mothers who are7
incarcerated have a greater risk of dropping out of school, and the number8
of children who have a mother who is incarcerated has more than doubled9
over the last three decades; and10
(e) Preserving children's relationships with parents who are11
incarcerated benefits families by decreasing risks to children's mental12
health, including the potential to experience depression and anxiety, and13
benefits society by reducing recidivism rates and facilitating successful14
returns to our communities.15
(2) Therefore, the general assembly declares that measures are16
necessary to reduce the trauma of family separation caused by17
incarceration and to promote strong and healthy family relationships for18
the benefit of children, their parents, and society.19
SECTION 2. In Colorado Revised Statutes, add 19-1-131 as20
follows:21
19-1-131. Children of parents who are incarcerated - rules.22
T
HE DEPARTMENT SHALL PROMULGATE RULES THAT FACILITATE23
COMMUNICATION AND FAMILY TIME BETWEEN CHILDREN AND THEIR24
PARENTS WHO ARE INCARCERATED IN A DEPARTMENT OF CORRECTIONS25
FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH26
THE DEPARTMENT OF CORRECTIONS , OR A JAIL. THE PURPOSE OF THE27
SB23-039
-3- RULES IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND1
PARENT RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD2
DEVELOPMENT, AND REDUCE RECIDIVISM AND INTERGENERATIONAL3
INCARCERATION. THE RULES MUST CONSIDER THE BENEFITS TO THE CHILD4
THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND THE5
PARENT'S WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL6
RELATIONSHIP WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE7
CHILD AND PARENT WHEN APPROPRIATE .8
SECTION 3. In Colorado Revised Statutes, 19-3-202, amend (1)9
as follows:10
19-3-202. Right to counsel and jury trial. (1) At the first11
appearance of a respondent parent, guardian, or legal custodian, the court12
shall fully advise the respondent of his or her THE RESPONDENT'S legal13
rights, including the right to a jury trial, the right to be represented by14
counsel at every stage of the proceedings, and the right to seek the15
appointment of counsel through the office of respondent parents' counsel16
established in section 13-92-103, C.R.S., if the respondent is unable to17
financially secure counsel on his or her THE RESPONDENT'S own. THE18
COURT SHALL APPOINT COUNSEL FOR A RESP ONDENT WHO IS19
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE20
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF21
CORRECTIONS, OR A JAIL; HELD IN FEDERAL CUSTODY; OR INVOLUNTARILY22
COMMITTED, UNLESS THE COURT DETERMINES THE RESPONDENT IS ABLE23
TO FINANCIALLY SECURE COUNSEL ON THE RESPONDENT 'S OWN. The court24
shall fully explain to the respondent the informational notice of rights and25
remedies for families prepared pursuant to section 19-3-212 and shall26
recommend that the respondent discuss such notice with his or her THE27
SB23-039
-4- RESPONDENT'S counsel. Further, the court shall advise the respondent of1
the minimum and maximum time frames for the dependency and neglect2
process, including the minimum and maximum time frames for3
adjudication, disposition, and termination of parental rights for a child4
who is under six years of age at the time the petition is filed in a county5
designated pursuant to section 19-1-123. Nothing in this section limits the6
power of the court to appoint counsel prior to the filing of a petition for7
good cause.8
SECTION 4. In Colorado Revised Statutes, 19-3-502, add (5.5)9
as follows:10
19-3-502. Petition form and content - limitations on claims in11
dependency or neglect actions. (5.5) (a) A
PERSON NAMED A12
RESPONDENT IS A PARTY TO THE PROCEEDINGS AND HAS THE RIGHT TO13
ATTEND AND FULLY PARTICIPATE IN ALL PROCEEDINGS UNLESS THE14
RESPONDENT KNOWINGLY , VOLUNTARILY, AND INTELLIGENTLY WAIVES,15
EITHER PERSONALLY OR THROUGH COUNSEL , THE RESPONDENT 'S16
ATTENDANCE AND PARTICIPATION , OR THE COURT FINDS IT NECESSARY TO17
HOLD SEPARATE HEARINGS PURSUANT TO SECTION 19-1-106.18
(b) (I) I
F THE COURT BECOMES AWARE THAT A RESPONDENT IS19
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE20
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF21
CORRECTIONS, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE22
RESPONDENT'S ATTENDANCE AT ALL HEARINGS, UNLESS THE COURT FINDS23
IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT TO SECTION24
19-1-106.
IF THE RESPONDENT IS REPRESENTED BY COUNSEL , COUNSEL25
SHALL FILE A MOTION FOR THE RESPONDENT'S PERSONAL ATTENDANCE OR26
ATTENDANCE THROUGH AUDIO -VISUAL COMMUNICATION TECHNOLOGY AT27
SB23-039
-5- THE HEARING IF COUNSEL KNOWS THE RESP ONDENT IS INCARCERATED AND1
WANTS TO PERSONALLY ATTEND OR ATTEND THROUGH AUDIO -VISUAL2
COMMUNICATION TECHNOLOGY . IF THE RESPONDENT IS NOT REPRESENTED3
BY COUNSEL, THE COURT SHALL FILE A WRIT FOR THE RESPONDENT 'S4
PERSONAL APPEARANCE OR APPEARANCE THROUGH AUDIO -VISUAL5
COMMUNICATION TECHNOLOGY .6
(II) I
F THE WRIT ISSUED BY THE COURT PURSUANT TO SUBSECTION7
(5.5)(b)(I)
OF THIS SECTION IS NOT HONORED, THE COURT MUST PERMIT8
THE RESPONDENT TO ATTEND AND PARTICIPATE IN A HEARING THROUGH9
AUDIO-VISUAL COMMUNICATION TECHNOLOGY .10
(c) (I) A
COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,11
THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF12
CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE13
THE NOTIFICATION OF PROCEEDINGS AND PERSONAL APPEARANCE OF A14
RESPONDENT WHO IS INCARCERATED .15
(II) A
REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE16
RESPONDENT IS INCARCERATED SHALL INFORM THE COURT NOT LESS THAN17
SEVENTY-TWO HOURS PRIOR TO THE PROCEEDING IF IT CANNOT FACILITATE18
TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING .19
(III)
A REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE20
RESPONDENT IS INCARCERATED SHALL INFORM THE COURT IF THE21
RESPONDENT REFUSES TRANSPORTATION , AND THE CIRCUMSTANCES OF22
THE REFUSAL, AS SOON AS PRACTICABLE.23
(IV) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED24
CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING25
PURSUANT TO THIS SUBSECTION (5.5), THE FACILITY SHALL MAKE EVERY26
REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION27
SB23-039
-6- AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY .1
SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(d)2
and (1)(e) as follows:3
19-3-507. Dispositional hearing - rules. (1) (d) I
F A CHILD'S4
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,5
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE6
DEPARTMENT OF CORRECTIONS , OR A JAIL, THEN PRIOR TO ANY7
DISPOSITIONAL HEARING, THE CASEWORKER ASSIGNED TO THE CASE SHALL8
SUBMIT TO THE COURT A REPORT THAT DETAILS THE SERVICES AND9
TREATMENT AVAILABLE TO A PARENT AT THE FACILITY OR JAIL WHERE THE10
PARENT IS INCARCERATED AND THE OPPORTUNITIES FOR FAMILY TIME AT11
THE FACILITY OR JAIL BETWEEN THE CHILD AND PARENT , OR THE12
CASEWORKER'S REASONABLE EFFORTS TO OBTAIN SUCH INFORMATION .13
(e) (I) I
F A CHILD IS ELIGIBLE FOR SERVICES PURSUANT TO SECTION14
19-3-208,
AND THE CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT15
OF CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER16
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, THEN17
PRIOR TO ANY DISPOSITIONAL HEARING, THE COUNTY DEPARTMENT SHALL18
MAKE REASONABLE EFFORTS TO INVOLVE THE PARENT WHO IS19
INCARCERATED IN PLANNING THE SERVICES FOR THE CHILD . REASONABLE20
EFFORTS INCLUDE:21
(A) I
N ANY MEETING CUSTOMARILY ATTENDED BY A PARENT ,22
PERMITTING AND FACILITATING , TO THE EXTENT REASONABLY23
PRACTICABLE, A PARENT'S REMOTE ATTENDANCE AND PARTICIPATION24
THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ; AND25
(B) O
PPORTUNITIES FOR MEANINGFUL IN -PERSON FAMILY TIME26
BETWEEN THE CHILD AND PARENT AT THE FACILITY OR JAIL WHERE THE27
SB23-039
-7- PARENT IS INCARCERATED . IF IN-PERSON FAMILY TIME IS NOT THE1
PARENT'S PREFERENCE OR IS NOT REASONABLY PRACTICABLE , THEN THE2
FACILITY OR JAIL SHALL FACILITATE FAMILY TIME BETWEEN THE CHILD3
AND PARENT THROUGH AUDIO -VISUAL COMMUNICATION TECHNOLOGY .4
N
OTHING IN THIS SUBSECTION (1)(e) REQUIRES THE COURT TO ORDER5
FAMILY TIME IF A PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE6
CHILD AND THE PARENT, OR IF THE COURT DETERMINES THAT FAMILY TIME7
WOULD JEOPARDIZE THE CHILD 'S MENTAL, EMOTIONAL, OR PHYSICAL8
HEALTH. THE COURT SHALL NOT DETERMINE THAT FAMILY TIME IS NOT IN9
THE CHILD'S BEST INTERESTS BASED SOLELY ON THE FACT THAT IN-PERSON10
FAMILY TIME WOULD OCCUR IN A FACILITY OR JAIL .11
(II) T
HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO12
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (1)(e).13
SECTION 6. In Colorado Revised Statutes, 19-3-508, add14
(1)(e)(III), (1)(e)(IV), and (9) as follows:15
19-3-508. Neglected or dependent child - disposition -16
concurrent planning - definition. (1) When a child has been17
adjudicated to be neglected or dependent, the court may enter a decree of18
disposition the same day, but in any event it shall do so within forty-five19
days unless the court finds that the best interests of the child will be20
served by granting a delay. In a county designated pursuant to section21
19-1-123, if the child is under six years of age at the time a petition is22
filed in accordance with section 19-3-501 (2), the court shall enter a23
decree of disposition within thirty days after the adjudication and shall not24
grant a delay unless good cause is shown and unless the court finds that25
the best interests of the child will be served by granting the delay. It is the26
intent of the general assembly that the dispositional hearing be held on the27
SB23-039
-8- same day as the adjudicatory hearing, whenever possible. If a delay is1
granted, the court shall set forth the reasons why a delay is necessary and2
the minimum amount of time needed to resolve the reasons for the delay3
and shall schedule the hearing at the earliest possible time following the4
delay. When the proposed disposition is termination of the parent-child5
legal relationship, the hearing on termination must not be held on the6
same date as the adjudication, and the time limits set forth above for7
dispositional hearings do not apply. When the proposed disposition is8
termination of the parent-child legal relationship, the court may continue9
the dispositional hearing to the earliest available date for a hearing in10
accordance with the provisions of subsection (3)(a) of this section and11
part 6 of this article 3. When the decree does not terminate the12
parent-child legal relationship, the court shall approve an appropriate13
treatment plan that must include but not be limited to one or more of the14
following provisions of subsections (1)(a) to (1)(d) of this section:15
(e) (III) E
XCEPT WHEN THE PROPOSED DISPOSITION IS16
TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHIP, IF A CHILD'S17
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,18
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE19
DEPARTMENT OF CORRECTIONS , OR A JAIL, THE COURT SHALL APPROVE AN20
APPROPRIATE TREATMENT PLAN AND THE DEPARTMENT SHALL PROVIDE21
THE COURT-ORDERED TREATMENT PLAN TO THE FACILITY OR JAIL WHERE22
THE PARENT IS HELD. THE TREATMENT PLAN MUST :23
(A) S
PECIFY HOW THE PARENT MAY PARTICIPATE IN ALL MEETINGS24
AND HEARINGS WITH THE COURT AND COUNTY DEPARTMENT THAT A25
PARENT CUSTOMARILY ATTENDS ;26
(B) I
NCLUDE RELEVANT SERVICES AND TREATMENTS AVAILABLE27
SB23-039
-9- AT THE FACILITY OR JAIL FOR THE PARENT THAT ADDRESS THE ISSUES1
AFFECTING THE CHILD'S HEALTH, SAFETY, AND WELFARE THAT REQUIRE2
STATE INTERVENTION; AND3
(C) I
NCLUDE OPPORTUNITIES FOR MEANINGFUL , IN-PERSON FAMILY4
TIME AT THE FACILITY OR JAIL BETWEEN THE CHILD AND PARENT , UNLESS5
THE COURT DENIES OR RESTRICTS FAMILY TIME PURSUANT TO SECTION6
19-3-217
OR THE COURT HAS ISSUED A PROTECTION ORDER PROHIBITING7
CONTACT BETWEEN THE CHILD AND THE PARENT . ABSENT AN ACTIVE8
PROTECTION ORDER, IF THE COURT DETERMINES THAT IN-PERSON FAMILY9
TIME DOES NOT SERVE THE CHILD 'S BEST INTERESTS OR IS NOT THE10
PARENT'S PREFERENCE, IT SHALL CONSIDER WHETHER FAMILY TIME BY11
TELEPHONE OR AUDIO-VISUAL COMMUNICATION TECHNOLOGY SERVES THE12
CHILD'S BEST INTERESTS.13
(IV) (A) I
F, AFTER THE DISPOSITIONAL HEARING , THE CHILD'S14
PARENT BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF15
CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER16
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL FOR MORE17
THAN TWENTY-EIGHT DAYS, THEN THE CASEWORKER ASSIGNED TO THE18
CASE SHALL SUBMIT TO THE COURT, LESS THAN THIRTY-FIVE DAYS AFTER19
DISCOVERING THE INCARCERATION , A REPORT REQUIRED PURSUANT TO20
SECTION 19-3-507 (1)(d) AND AN AMENDED TREATMENT PLAN INCLUDING21
THE REQUIREMENTS PURSUANT TO SUBSECTION (1)(e)(III) OF THIS22
SECTION. IF A PARENT IS RELOCATED TO A DIFFERENT FACILITY OR JAIL OR23
RECEIVES A NEW SENTENCE , THE CASEWORKER SHALL SUBMIT TO THE24
COURT, LESS THAN THIRTY -FIVE DAYS AFTER DISCOVERING THE25
RELOCATION OR NEW SENTENCE , A REPORT REQUIRED PURSUANT TO26
SECTION 19-3-507 (1)(d) AND AN AMENDED TREATMENT PLAN INCLUDING27
SB23-039
-10- THE REQUIREMENTS PURSUANT TO SUBSECTION (1)(e)(III) OF THIS1
SECTION.2
(B) N
OTWITHSTANDING SUBSECTION (1)(e)(IV)(A) OF THIS3
SECTION, THE CASEWORKER OF THE COUNTY DEPARTMENT ASSIGNED TO4
THE CASE IS NOT REQUIRED TO SUBMIT A REPORT AND AMENDED5
TREATMENT PLAN PURSUANT TO SUBSECTION (1)(e)(IV)(A) OF THIS6
SECTION, IF THE PARENT IS RELEASED FROM INCARCERATION PRIOR TO THE7
THIRTY-FIVE DAY SUBMISSION DEADLINE.8
(9) (a) I
F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT9
OF CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER10
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, AND HAS11
MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD12
WHILE INCARCERATED, THE COURT SHALL CONSIDER A PERMANENT13
PLACEMENT THAT PERMITS THE PARENT TO MAINTAIN A RELATIONSHIP14
WITH THE CHILD, INCLUDING GUARDIANSHIP OR ALLOCATION OF PARENTAL15
RESPONSIBILITIES. IF THE PROPOSED PERMANENT PLACEMENT WOULD16
REQUIRE THE PARENT TO TRANSFER TO ANOTHER DEPARTMENT OF17
CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER18
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, THE19
COURT SHALL CONSIDER THE FACTORS IN SECTION 19-3-702 (6) IN MAKING20
ITS DETERMINATION.21
(b) W
HEN DETERMINING WHETHER A PARENT WHO IS22
INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP23
WITH THE CHILD PURSUANT TO SUBSECTION (9)(a) OF THIS SECTION, THE24
COURT SHALL CONSIDER:25
(I) W
HETHER THE PARENT WHO IS INCARCERATED HAS ACTED OUT26
OF CONCERN FOR THE CHILD , INCLUDING COMMUNICATING WITH THE27
SB23-039
-11- CHILD;1
(II) W
HETHER THE PARENT WHO IS INCARCERATED HAS MADE AN2
EFFORT TO COMPLY WITH THE PARENT 'S TREATMENT PLAN;3
(III) A
NY INFORMATION PROVIDED BY INDIVIDUALS OR AGENCIES4
IN A REASONABLE POSITION TO ASSIST THE COURT IN ITS DECISION ;5
(IV) L
IMITATIONS BEYOND THE CONTROL OF THE PARENT WHO IS6
INCARCERATED TO ACCESS FAMILY SUPPORT PROGRAMS , THERAPEUTIC7
SERVICES, FAMILY TIME OPPORTUNITIES, TELEPHONE, MAIL, OR ATTORNEY8
REPRESENTATION, OR TO ATTEND AND MEANINGFULLY PARTICIPATE IN9
COURT PROCEEDINGS; AND10
(V) W
HETHER THE INVOLVEMENT OF THE PARENT WHO IS11
INCARCERATED IN THE CHILD'S LIFE SERVES THE CHILD'S BEST INTERESTS.12
T
HE COURT SHALL NOT FIND THAT THE PARENT 'S INCARCERATION IS THE13
SOLE REASON THAT A RELATIONSHIP WITH THE PARENT IS NOT IN THE14
CHILD'S BEST INTERESTS.15
SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal16
(1)(b)(III); and add (1.5) as follows:17
19-3-604. Criteria for termination. (1) The court may order a18
termination of the parent-child legal relationship upon the finding by clear19
and convincing evidence of any one of the following:20
(b) That the child is adjudicated dependent or neglected and the21
court finds that an appropriate treatment plan cannot be devised to22
address the unfitness of the parent or parents. In making such a23
determination, the court shall find one of the following as the basis for24
unfitness:25
(III) Long-term confinement of the parent of such duration that
26
the parent is not eligible for parole for at least six years after the date the27
SB23-039
-12- child was adjudicated dependent or neglected or, in a county designated1
pursuant to section 19-1-123, if the child is under six years of age at the2
time a petition is filed in accordance with section 19-3-501 (2), the3
long-term confinement of the parent of such duration that the parent is not4
eligible for parole for at least thirty-six months after the date the child5
was adjudicated dependent or neglected and the court has found by clear6
and convincing evidence that no appropriate treatment plan can be7
devised to address the unfitness of the parent or parents;8
(1.5) I
N DETERMINING WHETHER THE TREATMENT PLAN APPROVED9
BY THE COURT HAS NOT BEEN REASONABLY COMPLIED WITH BY THE10
PARENT PURSUANT TO SUBSECTION (1)(c)(I) OF THIS SECTION, IF THE11
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,12
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE13
DEPARTMENT OF CORRECTIONS , OR A JAIL, THE COURT SHALL ALSO14
CONSIDER WHETHER LIMITATIONS CAUSED BY INCARCERATION INHIBITED15
THE PARENT'S ABILITY TO COMPLY WITH THE TREATMENT PLAN . SUCH16
LIMITATIONS MAY INCLUDE ACCESS TO COMMUNICATION WITH THE COURT17
OR COUNTY DEPARTMENT , ACCESS TO COURT-ORDERED TREATMENT OR18
SERVICES, OR ACCESS TO FAMILY TIME OR COMMUNICATION WITH THE19
CHILD.20
SECTION 8. In Colorado Revised Statutes, 19-3-702, amend21
(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) as follows:22
19-3-702. Permanency hearing. (4) (e) If the court finds that23
there is not a substantial probability that the child or youth will be24
returned to a parent or legal guardian within six months and the child or25
youth appears to be adoptable and meets the criteria for adoption in26
section 19-5-203, the court may order the county department of human or27
SB23-039
-13- social services to show cause why it should not file a motion to terminate1
the parent-child legal relationship pursuant to part 6 of this article 3.2
Cause may include, but is not limited to, any of the following conditions:3
(III) The child's foster parents are unable to adopt the child4
because of exceptional circumstances that do not include an5
unwillingness to accept legal responsibility for the child. The foster6
parents must be willing and capable of providing the child with a stable7
and permanent environment, and it must be shown that removal of the8
child from the physical custody of his or her foster parents would be9
seriously detrimental to the emotional well-being of the child. or10
(IV) The criteria for termination in section 19-3-604 have not yet11
been met;
OR12
(V) I
F THE PARENT:13
(A) I
S INCARCERATED IN A DEPARTMENT OF CORRECTIONS14
FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH15
THE DEPARTMENT OF CORRECTIONS , OR A JAIL; DETAINED BY THE UNITED16
S
TATES DEPARTMENT OF HOMELAND SECURITY ; OR DEPORTED; AND17
(B) H
AS A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD18
OR YOUTH WHILE INCARCERATED , DETAINED, OR DEPORTED. WHEN19
DETERMINING WHETHER A PARENT WHO IS INCARCERATED HAS20
MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD OR21
YOUTH, THE COURT SHALL CONSIDER THE FACTORS DESCRIBED IN SECTION22
19-3-508 (9)(b).23
SECTION 9. In Colorado Revised Statutes, 16-11-102, amend24
(4); and add (1.2) as follows:25
16-11-102. Presentence or probation investigation. (1.2) E
ACH26
PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER27
SB23-039
-14- THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT1
PROCEEDING PURSUANT TO ARTICLE 3 OF TITLE 19.2
(4) The court, with the concurrence of the defendant and the3
prosecuting attorney, may dispense with the presentence examination and4
report; except that the information required by section 18-1.3-603 (2)5
C.R.S. AND SUBSECTION (1.2) OF THIS SECTION and a victim impact6
statement shall MUST be made in every case. The amount of restitution7
shall MUST be ordered pursuant to section 18-1.3-603 C.R.S., and article8
18.5 of this title TITLE 16 and endorsed upon the mittimus. THE9
INFORMATION REQUIRED PURSUANT TO SUBSECTION (1.2) OF THIS SECTION10
MUST BE INCLUDED ON THE MITTIMUS .11
SECTION 10. In Colorado Revised Statutes, add 17-42-105 as12
follows:13
17-42-105. Incarcerated parents - notification to court -14
mittimus - family services coordinator - report - policies.15
(1) (a) P
URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF16
THE FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL INFORM17
THE COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR TO A18
DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE19
TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING . A20
REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS21
INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES22
TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS23
PRACTICABLE.24
(b) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED25
CANNOT FACILITATE TRANSPORTATION OF THE RESP ONDENT TO A HEARING26
PURSUANT TO SECTION 19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY27
SB23-039
-15- REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION1
AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY .2
(2) I
F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING3
THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN4
DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF5
TITLE 19, THE DEPARTMENT SHALL:6
(a) C
ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY7
THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY8
BETWEEN THE CHILD AND PARENT , UNLESS THE COURT DETERMINES THAT9
FAMILY TIME DOES NOT SERVE THE CHILD 'S BEST INTERESTS, OR A10
PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE11
PARENT; AND12
(b) N
OTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES13
WHERE THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION14
OF THE PARENT 'S CORRECTIONAL FACILITY AND THE CONTACT15
INFORMATION FOR THE PARENT 'S CASE MANAGER AT THE FACILITY NOT16
LATER THAN FOURTEEN DAYS AFTER THE PARENT 'S ARRIVAL AT THE17
FACILITY.18
(3) T
HE DEPARTMENT SHALL DEVELOP OPPORTUNITIES THAT19
FACILITATE CONTINUED RELATIONSHIPS BETWEEN CHILDREN AND THEIR20
PARENTS WHO ARE INCARCERATED . THE OPPORTUNITIES MUST BE21
DESIGNED TO MITIGATE TRAUMA FOR A CHILD WHO HAS A PARENT WHO IS22
INCARCERATED. THE OPPORTUNITIES MUST INCLUDE:23
(a) R
EGULARLY SCHEDULED EVENTS AT THE FACILITY THAT ARE24
CHILD-FOCUSED AND ARE PUBLICIZED PRIOR TO THE EVENT ;25
(b) F
ACILITATING ACCESS TO TREATMENT AND SERVICES TO26
COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A27
SB23-039
-16- PENDING DEPENDENCY AND NEGLECT PROCEEDING ; AND1
(c) F
ACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE2
IN THE PARENT'S CHILD'S LIFE THROUGH AUDIO-VISUAL COMMUNICATION3
TECHNOLOGY, INCLUDING SCHOOL CONFERENCES , MEDICAL4
CONSULTATIONS, AND CELEBRATIONS.5
(4) T
HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE6
EMPLOYMENT POSITION FOR A FAMILY SERVICES COORDINATOR WHO MUST7
REPORT TO THE EXECUTIVE DIRECTOR . THE COORDINATOR'S DUTIES8
INCLUDE THE COORDINATION AND SUPERVISION OF THE OPPORTUNITIES9
DESCRIBED IN SUBSECTION (3) OF THIS SECTION, AND SERVING AS A10
LIAISON BETWEEN THE DEPARTMENT , SHERIFFS, STATE AND COUNTY11
DEPARTMENTS OF HUMAN SERVICES , AND AGENCIES CONCERNING12
MATTERS RELATED TO CHILDREN AND THEIR PARENTS WHO ARE13
INCARCERATED.14
(5) (a) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH15
1
EACH YEAR THEREAFTER , THE EXECUTIVE DIRECTOR OF THE16
DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF17
THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR18
COMMITTEES, CONCERNING PARENTS WHO ARE INCARCERATED . THE19
DEPARTMENT SHALL COOPERATE WITH THE STATE DEPARTMENT OF HUMAN20
SERVICES, COUNTY DEPARTMENTS OF HUMAN SERVICES , AND SHERIFFS AS21
NECESSARY TO IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT .22
A
T A MINIMUM, THE REPORT MUST SPECIFY PERSONS INCARCERATED IN23
DEPARTMENT FACILITIES, PRIVATE CORRECTIONAL FACILITIES UNDER24
CONTRACT WITH THE DEPARTMENT , AND JAILS, DURING THE PRECEDING25
CALENDAR YEAR WHO WERE A PARTY TO AN OPEN DEPENDENCY AND26
NEGLECT PROCEEDING, IN TOTAL AND DISAGGREGATED BY RACE OR27
SB23-039
-17- ETHNICITY, SEX, ANY KNOWN DISABILITY, AND AGE.1
(b) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 12
EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT3
PUBLICLY AVAILABLE ON ITS WEBSITE.4
(c) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT5
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND6
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS '7
INFORMATION.8
(d) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1369
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS10
SUBSECTION (5) CONTINUES INDEFINITELY.11
(6) T
HE DEPARTMENT SHALL PROMULGATE POLICIES THAT :12
(a) F
ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN13
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A14
DEPARTMENT FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER15
CONTRACT WITH THE DEPARTMENT . THE POLICIES MUST INCLUDE THE16
PROVISION OF ACCESS TO A TELEPHONE AND AUDIO -VISUAL17
COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL SPACE AND18
RESOURCES FOR IN-PERSON FAMILY TIME. THE PURPOSE OF THE POLICIES19
IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND PARENT20
RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD DEVELOPMENT ,21
AND REDUCE RECIDIVISM AND INTERGENERATIONAL INCARCERATION . THE22
POLICIES MUST CONSIDER THE BENEFITS TO THE CHILD THROUGH23
MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND THE PARENT 'S24
WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL RELATIONSHIP25
WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE CHILD AND26
PARENT, WHEN APPROPRIATE; AND27
SB23-039
-18- (b) ARE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS1
SECTION.2
SECTION 11. Effective date. This act takes effect January 1,3
2024.4
SECTION 12. Safety clause. The general assembly hereby finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety.7
SB23-039
-19-