First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0252.01 Jacob Baus x2173
SENATE BILL 23-039
Senate Committees House Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO REDUCE FAMILY SEPARATION CAUSED BY101
A PARENT'S DETENTION, AND, IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .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
.)
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
SENATE
Amended 2nd Reading
March 23, 2023
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. proceedings for the parent's dependency and neglect case.
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 publicly 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
039-2- (b) At least one in four Colorado children who are adjudicated1
dependent or neglected have a parent or guardian who was incarcerated2
at some time during dependency and neglect proceedings;3
(c) The incarceration of a parent disproportionately affects4
children of color and exacerbates the number of children living in5
poverty;6
(d) Having a parent who is incarcerated hinders a child's academic7
achievement. In particular, children who have mothers who are8
incarcerated have a greater risk of dropping out of school, and the number9
of children who have a mother who is incarcerated has more than doubled10
over the last three decades; 11
(e) Preserving children's relationships with parents who are12
incarcerated benefits families by decreasing risks to children's mental13
health, including the potential to experience depression and anxiety, and14
benefits society by reducing recidivism rates and facilitating successful15
returns to our communities; and16
(f) The focus of dependency and neglect cases should be the17
physical, mental, and emotional needs of the child. Accordingly,18
decisions to terminate parental rights should be based on the needs of the19
child, and not solely on the status of the parent as incarcerated or the20
length of the sentence.21
(2) Therefore, the general assembly declares that measures are22
necessary to reduce the trauma of family separation caused by23
incarceration and to promote strong and healthy family relationships for24
the benefit of children, their parents, and society.25
SECTION 2. In Colorado Revised Statutes, add 19-1-131 as26
follows:27
039
-3- 19-1-131. Children of parents who are incarcerated - rules.1
T
HE DEPARTMENT SHALL PROMULGATE RULES THAT FACILITATE2
COMMUNICATION AND FAMILY TIME BETWEEN CHILDREN AND THEIR3
PARENTS WHO ARE INCARCERATED IN A DEPARTMENT OF CORRECTIONS4
FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH5
THE DEPARTMENT OF CORRECTIONS , OR A JAIL. THE PURPOSE OF THE6
RULES IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND7
PARENT RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD8
DEVELOPMENT, AND REDUCE RECIDIVISM AND INTERGENERATIONAL9
INCARCERATION. THE RULES MUST CONSIDER THE BENEFITS TO THE CHILD10
THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND THE11
PARENT'S WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL12
RELATIONSHIP WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE13
CHILD AND PARENT WHEN APPROPRIATE . THE RULES MUST CONSIDER THE
14
IMPACT OF RULES PROMULGATED PURSUANT TO THIS SECTION ON15
DEPARTMENT OF CORRECTIONS FACILITIES , PRIVATE CORRECTIONAL16
FACILITIES UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS ,17
JAILS, AND COUNTY DEPARTMENTS THAT MUST IMPLEMENT THE RULES .18
T
HE DEPARTMENT SHALL CONSIDER OPPORTUNITIES TO ASSESS THE
19
EFFICACY OF THE RULES PROMULGATED PURSUANT TO THIS SECTION .20
SECTION 3. In Colorado Revised Statutes, 19-3-202, amend (1)21
as follows:22
19-3-202. Right to counsel and jury trial. (1) At the first23
appearance of a respondent parent, guardian, or legal custodian, the court24
shall fully advise the respondent of his or her THE RESPONDENT'S legal25
rights, including the right to a jury trial, the right to be represented by26
counsel at every stage of the proceedings, and the right to seek the27
039
-4- appointment of counsel through the office of respondent parents' counsel1
established in section 13-92-103, C.R.S., if the respondent is unable to2
financially secure counsel on his or her THE RESPONDENT'S own. THE3
COURT SHALL APPOINT COUNSEL FOR A RESPONDENT WHO IS4
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE5
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF6
CORRECTIONS, OR A JAIL; HELD IN FEDERAL CUSTODY; OR INVOLUNTARILY7
COMMITTED, UNLESS THE COURT DETERMINES THE RESPONDENT IS ABLE8
TO FINANCIALLY SECURE COUNSEL ON THE RESPONDENT 'S OWN OR THE9
RESPONDENT CHOOSES TO PROCEED WITHOUT COUNSEL . The court shall10
fully explain to the respondent the informational notice of rights and11
remedies for families prepared pursuant to section 19-3-212 and shall12
recommend that the respondent discuss such notice with his or her THE13
RESPONDENT'S counsel. Further, the court shall advise the respondent of14
the minimum and maximum time frames for the dependency and neglect15
process, including the minimum and maximum time frames for16
adjudication, disposition, and termination of parental rights for a child17
who is under six years of age at the time the petition is filed in a county18
designated pursuant to section 19-1-123. Nothing in this section limits the19
power of the court to appoint counsel prior to the filing of a petition for20
good cause.21
SECTION 4. In Colorado Revised Statutes, 19-3-502, add (5.5)22
as follows:23
19-3-502. Petition form and content - limitations on claims in24
dependency or neglect actions. (5.5) (a) A
PERSON NAMED A
25
RESPONDENT IS A PARTY TO THE PROCEEDINGS AND HAS THE RIGHT AND26
RESPONSIBILITY TO ATTEND AND FULLY PARTICIPATE IN ALL PROCEEDINGS27
039
-5- RELATED TO THE RESPONDENT. A RESPONDENT'S FAILURE TO APPEAR FOR1
A HEARING DOES NOT CONSTITUTE A VIOLATION OF THE RESPONDENT 'S2
DUE PROCESS RIGHTS AND NOTHING IN THIS SECTION PROHIBITS THE COURT3
FROM PROCEEDING IF A RESPONDENT FAILS TO APPEAR . A HEARINGS. IF4
A PARENT FAILS TO APPEAR, THE COURT SHALL MAKE FINDINGS ABOUT THE5
REASON FOR THE ABSENCE AND MAKE A RECORD REGARDING THE6
ABSENCE. NOTHING IN THIS SECTION PROHIBITS THE COURT FROM7
PROCEEDING IF A RESPONDENT FAILS TO APPEAR .8
(b) (I) I
F THE COURT BECOMES AWARE THAT A RESPONDENT IS9
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE10
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF11
CORRECTIONS, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE12
RESPONDENT'S PERSONAL ATTENDANCE OR ATTENDANCE THROUGH
13
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AT ALL HEARINGS, UNLESS14
THE COURT FINDS IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT15
TO SECTION 19-1-106. IF THE RESPONDENT IS REPRESENTED BY COUNSEL ,16
COUNSEL SHALL FILE A MOTION FOR THE RESPONDENT 'S PERSONAL17
ATTENDANCE OR ATTENDANCE THROUGH AUDIO -VISUAL COMMUNICATION18
TECHNOLOGY AT THE HEARING IF COUNSEL KNOWS THE RESPONDENT IS19
INCARCERATED AND WANTS TO PERSONALLY ATTEND A CONTESTED 20
HEARING OR ATTEND ANY HEARING THROUGH AUDIO -VISUAL21
COMMUNICATION TECHNOLOGY . IF THE RESPONDENT IS NOT REPRESENTED22
BY COUNSEL, THE COURT SHALL FILE A WRIT FOR THE RESPONDENT 'S23
PERSONAL APPEARANCE OR APPEARANCE THROUGH AUDIO -VISUAL24
COMMUNICATION TECHNOLOGY . IF A WRIT FOR APPEARANCE THROUGH25
AUDIO-VISUAL COMMUNICATION TECHNOLOGY IS ISSUED , THE COURT26
SHALL INCLUDE INFORMATION ON THE WRIT CONCERNING THE MANNER BY27
039
-6- WHICH THE RESPONDENT MAY APPEAR AND SHALL ENSURE THE WRIT IS1
PROVIDED TO THE LITIGATION COORDINATOR AT THE FACILITY OR JAIL2
WHERE THE RESPONDENT IS INCARCERATED . IF THE RESPONDENT IS3
REPRESENTED BY COUNSEL , THE COURT MAY ORDER THE COUNSEL TO4
INFORM THE LITIGATION COORDINATOR .5
(II) I
F THE PERSONAL ATTENDANCE
WRIT ISSUED BY THE COURT6
PURSUANT TO SUBSECTION (5.5)(b)(I) OF THIS SECTION IS NOT HONORED,7
THE COURT MUST PERMIT THE RESP ONDENT TO ATTEND AND PARTICIPATE8
IN A HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY .9
(c) (I) A
COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,10
THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF11
CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE12
THE NOTIFICATION OF PROCEEDINGS AND PERSONAL APPEARANCE OF A13
RESPONDENT WHO IS INCARCERATED .14
(II) A
REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE15
RESPONDENT IS INCARCERATED SHALL , WHEN POSSIBLE,
INFORM THE16
COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR TO THE PROCEEDING17
IF IT CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A18
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
039
-7- AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ,1
SO LONG AS THE REQUIREMENTS PURSUANT TO SUBSECTION (5.5)(b)(I) OF2
THIS SECTION ARE SATISFIED.3
SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(d)4
as follows:5
19-3-507. Dispositional hearing - rules. (1) (d) (I)
IF A CHILD IS
6
ELIGIBLE FOR SERVICES PURSUANT TO SECTION 19-3-208, AND THE CHILD'S7
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,8
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE9
DEPARTMENT OF CORRECTIONS , OR A JAIL, THEN PRIOR TO ANY10
DISPOSITIONAL HEARING, THE COUNTY DEPARTMENT , UPON KNOWLEDGE11
OF THE INCARCERATION, SHALL MAKE REASONABLE EFFORTS TO INVOLVE12
THE PARENT WHO IS INCARCERATED IN PLANNING THE SERVICES FOR THE13
CHILD, OR DOCUMENT THE CASEWORKER 'S EFFORTS TO INCLUDE THE14
PARENT WHO IS INCARCERATED IN THE PLANNING . REASONABLE EFFORTS15
INCLUDE:16
(A) I
N ANY MEETING CUSTOMARILY ATTENDED BY A PARENT ,17
PERMITTING AND FACILITATING , TO THE EXTENT REASONABLY18
PRACTICABLE, A PARENT'S REMOTE ATTENDANCE AND PARTICIPATION19
THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ;
20
(B) O
PPORTUNITIES FOR MEANINGFUL
FAMILY TIME BETWEEN21
THE CHILD AND PARENT. IF IN-PERSON FAMILY TIME IS NOT REASONABLY22
PRACTICABLE, THE CASEWORKER SHALL COMMUNICATE WITH THE23
FACILITY OR JAIL REGARDING THE FACILITY 'S OR JAIL'S ABILITY TO24
FACILITATE FAMILY TIME BETWEEN THE CHILD AND PARENT THROUGH25
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ARRANGE FOR26
AVAILABLE VIRTUAL FAMILY TIME . THE COURT SHALL CONSIDER THE27
039
-8- PREFERENCES OF THE CHILD AND PARENT WHEN DETERMINING WHETHER1
IN-PERSON FAMILY TIME SHOULD OCCUR . NOTHING IN THIS SUBSECTION2
(1)(d) REQUIRES THE COURT TO ORDER FAMILY TIME IF A PROTECTION3
ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE PARENT , OR IF4
THE COURT DETERMINES THAT FAMILY TIME WOULD JEOPARDIZE THE5
CHILD'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL6
NOT DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD'S BEST INTERESTS7
BASED SOLELY ON THE FACT THAT IN-PERSON FAMILY TIME WOULD OCCUR8
IN A FACILITY OR JAIL; AND9
(C) C
OMMUNICATING WITH THE FACILITY 'S OR JAIL'S DESIGNEE.
10
(II) T
HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO11
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (1)(d)
.12
SECTION 6. In Colorado Revised Statutes, 19-3-508, amend13
(1)(e)(I); and add (1)(e)(III) (1)(e)(IV) as follows:14
19-3-508. Neglected or dependent child - disposition -15
concurrent planning - definition. (1) When a child has been16
adjudicated to be neglected or dependent, the court may enter a decree of17
disposition the same day, but in any event it shall do so within forty-five18
days unless the court finds that the best interests of the child will be19
served by granting a delay. In a county designated pursuant to section20
19-1-123, if the child is under six years of age at the time a petition is21
filed in accordance with section 19-3-501 (2), the court shall enter a22
decree of disposition within thirty days after the adjudication and shall not23
grant a delay unless good cause is shown and unless the court finds that24
the best interests of the child will be served by granting the delay. It is the25
intent of the general assembly that the dispositional hearing be held on the26
same day as the adjudicatory hearing, whenever possible. If a delay is27
039
-9- granted, the court shall set forth the reasons why a delay is necessary and1
the minimum amount of time needed to resolve the reasons for the delay2
and shall schedule the hearing at the earliest possible time following the3
delay. When the proposed disposition is termination of the parent-child4
legal relationship, the hearing on termination must not be held on the5
same date as the adjudication, and the time limits set forth above for6
dispositional hearings do not apply. When the proposed disposition is7
termination of the parent-child legal relationship, the court may continue8
the dispositional hearing to the earliest available date for a hearing in9
accordance with the provisions of subsection (3)(a) of this section and10
part 6 of this article 3. When the decree does not terminate the11
parent-child legal relationship, the court shall approve an appropriate12
treatment plan that must include but not be limited to one or more of the13
following provisions of subsections (1)(a) to (1)(d) of this section:14
(e) (I) Except where the proposed disposition is termination of the15
parent-child legal relationship,
THE CASEWORKER ASSIGNED TO THE CASE
16
SHALL SUBMIT AN APPROPRIATE TREATMENT PLAN AND the court shall17
approve an appropriate treatment plan involving the child named and each18
respondent named and served in the action. I
F A CHILD'S PARENT IS
19
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE20
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF21
CORRECTIONS, OR A JAIL, THE CASEWORKER ASSIGNED TO THE CASE , UPON22
KNOWLEDGE OF THE INCARCERATION , SHALL INCLUDE INFORMATION IN23
THE REPORT THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO24
A PARENT AT THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED25
OR THE CASEWORKER 'S EFFORTS TO OBTAIN THAT INFORMATION . THE26
COUNTY DEPARTMENT SHALL COMMUNICATE WITH THE FACILITY OR JAIL27
039
-10- WHERE THE PARENT IS INCARCERATED REGARDING THE REQUIREMENTS OF1
THE COURT-ORDERED TREATMENT PLAN. However, the court may find that2
an appropriate treatment plan cannot be devised as to a particular3
respondent because the child has been abandoned as set forth in section4
19-3-604 (1)(a) and the parents cannot be located, or because the child5
has been adjudicated as neglected or dependent based upon section6
19-3-102 (2), or due to the unfitness of the parents as set forth in section7
19-3-604 (1)(b). When the court finds that an appropriate treatment plan8
cannot be devised, the court shall conduct a permanency hearing as set9
forth in section 19-3-702 (1), unless a motion for termination of parental10
rights has been filed within thirty days after the court's finding. 11
(III) (A) IF, AFTER THE DISPOSITIONAL HEARING , THE CHILD'S12
PARENT BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF13
CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER14
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL FOR MORE15
THAN THIRTY-FIVE DAYS, THEN THE CASEWORKER ASSIGNED TO THE CASE ,16
UPON KNOWLEDGE OF INCARCERATION , SHALL PROVIDE INFORMATION17
THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A PARENT AT18
THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR THE19
CASEWORKER'S EFFORTS TO OBTAIN THE INFORMATION AT THE NEXT20
SCHEDULED COURT HEARING . 21
SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal22
(1)(b)(III) as follows:23
19-3-604. Criteria for termination. (1) The court may order a24
termination of the parent-child legal relationship upon the finding by clear25
and convincing evidence of any one of the following:26
(b) That the child is adjudicated dependent or neglected and the27
039
-11- court finds that an appropriate treatment plan cannot be devised to1
address the unfitness of the parent or parents. In making such a2
determination, the court shall find one of the following as the basis for3
unfitness:4
(III) Long-term confinement of the parent of such duration that5
the parent is not eligible for parole for at least six years after the date the6
child was adjudicated dependent or neglected or, in a county designated7
pursuant to section 19-1-123, if the child is under six years of age at the8
time a petition is filed in accordance with section 19-3-501 (2), the9
long-term confinement of the parent of such duration that the parent is not10
eligible for parole for at least thirty-six months after the date the child11
was adjudicated dependent or neglected and the court has found by clear12
and convincing evidence that no appropriate treatment plan can be13
devised to address the unfitness of the parent or parents;14
15
SECTION 8. In Colorado Revised Statutes, 19-3-702, amend16
(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) and (7) as follows:17
19-3-702. Permanency hearing. (4) (e) If the court finds that18
there is not a substantial probability that the child or youth will be19
returned to a parent or legal guardian within six months and the child or20
youth appears to be adoptable and meets the criteria for adoption in21
section 19-5-203, the court may order the county department of human or22
social services to show cause why it should not file a motion to terminate23
the parent-child legal relationship pursuant to part 6 of this article 3.24
Cause may include, but is not limited to, any of the following conditions:25
(III) The child's foster parents are unable to adopt the child26
because of exceptional circumstances that do not include an27
039
-12- unwillingness to accept legal responsibility for the child. The foster1
parents must be willing and capable of providing the child with a stable2
and permanent environment, and it must be shown that removal of the3
child from the physical custody of his or her foster parents would be4
seriously detrimental to the emotional well-being of the child. or5
(IV) The criteria for termination in section 19-3-604 have not yet6
been met;
OR7
(V) I
F THE PARENT:8
(A) I
S INCARCERATED IN A DEPARTMENT OF CORRECTIONS9
FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH10
THE DEPARTMENT OF CORRECTIONS , OR A JAIL; DETAINED BY THE UNITED11
S
TATES DEPARTMENT OF HOMELAND SECURITY ; OR DEPORTED; AND12
(B) H
AS A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD13
OR YOUTH WHILE INCARCERATED , DETAINED, OR DEPORTED.
14
(7) (a) I
F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT
15
OF CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER16
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, AND THE17
PARENT HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH18
THE CHILD WHILE INCARCERATED , THE COURT SHALL MAKE FINDINGS19
REGARDING WHETHER A PERMANENT PLACEMENT FOR THE CHILD EXISTS20
THAT PERMITS THE PARENT TO MAINTAIN A RELATIONSHIP WITH THE21
CHILD, INCLUDING GUARDIANSHIP OR ALLOCATION OF PARENTAL22
RESPONSIBILITIES, GIVING PRIMARY CONSIDERATION TO THE CHILD 'S23
MENTAL, PHYSICAL, AND EMOTIONAL NEEDS . IF THE PROPOSED24
PERMANENT PLACEMENT WOULD REQUIRE THE CHILD TO TRANSFER TO25
ANOTHER PLACEMENT , THE COURT SHALL CONSIDER THE FACTORS IN26
SUBSECTION (6) OF THIS SECTION IN MAKING ITS DETERMINATION.27
039
-13- (b) IN MAKING A DETERMINATION WHETHER THE PARENT WHO IS1
INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP2
WITH THE CHILD, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE3
CHILD'S MENTAL, EMOTIONAL, AND PHYSICAL NEEDS, AND WHETHER THE4
INVOLVEMENT OF THE PARENT WHO IS INCARCERATED IN THE CHILD 'S LIFE5
SERVES THE CHILD'S BEST INTERESTS. THE COURT SHALL NOT FIND THAT6
THE PARENT'S INCARCERATION IS THE SOLE REASON THAT A RELATIONSHIP7
WITH THE PARENT IS NOT IN THE CHILD 'S BEST INTERESTS, AND SHALL8
CONSIDER THE PARENT'S EFFORTS TO COMPLY WITH THE TREATMENT PLAN9
UNDER THE CIRCUMSTANCES OF INCARCERATION .10
SECTION 9. In Colorado Revised Statutes, 16-11-102, amend11
(4); and add (1.2) as follows:12
16-11-102. Presentence or probation investigation. (1.2) E
ACH13
PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER14
THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT15
PROCEEDING PURSUANT TO ARTICLE 3 OF TITLE 19.16
(4) The court, with the concurrence of the defendant and the17
prosecuting attorney, may dispense with the presentence examination and18
report; except that the information required by section 18-1.3-603 (2)19
C.R.S.
AND SUBSECTION (1.2) OF THIS SECTION and a victim impact20
statement shall MUST be made in every case. The amount of restitution21
shall MUST be ordered pursuant to section 18-1.3-603 C.R.S., and article22
18.5 of this title TITLE 16 and endorsed upon the mittimus. THE23
INFORMATION REQUIRED PURSUANT TO SUBSECTION (1.2) OF THIS SECTION24
MUST BE INCLUDED ON THE MITTIMUS .25
SECTION 10. In Colorado Revised Statutes, add 17-42-105 as26
follows:27
039
-14- 17-42-105. Incarcerated parents - notification to court -1
mittimus - family services coordinator - report - policies.2
(1) (a) P
URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF3
THE FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL , WHEN
4
POSSIBLE, INFORM THE COURT NOT LESS THAN SEVENTY-TWO HOURS PRIOR5
TO A DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE6
TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING . A7
REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS8
INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES9
TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS10
PRACTICABLE.11
(b) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED12
CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING13
PURSUANT TO SECTION 19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY14
REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION15
AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ,
16
SO LONG AS THE REQUIREMENTS PURSUANT TO SECTION 19-3-50217
(5.5)(b)(I)
ARE SATISFIED.
18
(2) I
F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING19
THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN20
DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF21
TITLE 19, THE DEPARTMENT SHALL:22
(a) C
ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY23
THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY24
BETWEEN THE CHILD AND PARENT , UNLESS THE COURT DETERMINES THAT25
FAMILY TIME DOES NOT SERVE THE CHILD 'S BEST INTERESTS, OR A26
PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE27
039
-15- PARENT; AND1
(b) N
OTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES2
WHERE THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION3
OF THE PARENT 'S CORRECTIONAL FACILITY AND THE CONTACT4
INFORMATION FOR THE DESIGNATED INDIVIDUAL WITHIN THE LEGAL
5
SERVICES UNIT NOT LATER THAN FOURTEEN DAYS AFTER THE PARENT 'S6
ARRIVAL AT THE FACILITY.7
(3) T
HE DEPARTMENT SHALL ENSURE CHILDREN AND PARENTS
8
HAVE ACCESS TO OPPORTUNITIES THAT FACILITATE CONTINUED9
RELATIONSHIPS BETWEEN CHILDREN AND THEIR PARENTS WHO ARE10
INCARCERATED, REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN A11
DEPENDENCY AND NEGLECT PROCEEDING . THE OPPORTUNITIES MUST12
INCLUDE:13
(a) E
VENTS
AT THE FACILITY THAT ARE CHILD-FOCUSED AND ARE14
PUBLICIZED PRIOR TO THE EVENT;15
(b) F
ACILITATING ACCESS TO TREATMENT AND SERVICES TO16
COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A17
PENDING DEPENDENCY AND NEGLECT PROCEEDING ; AND18
(c) F
ACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE19
IN THE PARENT'S CHILD'S LIFE THROUGH AUDIO-VISUAL COMMUNICATION20
TECHNOLOGY, INCLUDING SCHOOL CONFERENCES , MEDICAL21
CONSULTATIONS, AND CELEBRATIONS.22
(4) T
HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE23
INDIVIDUAL WITHIN THE LEGAL SERVICES UNIT TO ASSIST IN FAMILY
24
SERVICES COORDINATION . THE INDIVIDUAL'S DUTIES INCLUDE THE25
COORDINATION AND SUPERVISION OF THE OPPORTUNITIES DESCRIBED IN26
SUBSECTION (3) OF THIS SECTION, AND SERVING AS A LIAISON BETWEEN27
039
-16- THE DEPARTMENT, SHERIFFS, STATE AND COUNTY DEPARTMENTS OF1
HUMAN SERVICES, AND AGENCIES CONCERNING MATTERS RELATED TO2
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED .3
(5) (a) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH4
1
EACH YEAR THEREAFTER , THE EXECUTIVE DIRECTOR OF THE5
DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF6
THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR7
COMMITTEES, CONCERNING PARENTS WHO ARE INCARCERATED . THE8
DEPARTMENT SHALL COOPERATE WITH THE STATE DEPARTMENT OF HUMAN9
SERVICES, COUNTY DEPARTMENTS OF HUMAN SERVICES , AND SHERIFFS AS10
NECESSARY TO IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT .11
A
T A MINIMUM, THE REPORT MUST SPECIFY PERSONS INCARCERATED IN12
DEPARTMENT FACILITIES, PRIVATE CORRECTIONAL FACILITIES UNDER13
CONTRACT WITH THE DEPARTMENT , AND JAILS, DURING THE PRECEDING14
CALENDAR YEAR WHO WERE A PARTY TO AN OPEN DEPENDENCY AND15
NEGLECT PROCEEDING, IN TOTAL AND DISAGGREGATED BY RACE OR16
ETHNICITY, SEX, ANY KNOWN DISABILITY, AND AGE.17
(b) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 118
EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT19
PUBLICLY AVAILABLE ON ITS WEBSITE.20
(c) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT21
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND22
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS '23
INFORMATION.24
(d) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13625
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS26
SUBSECTION (5) CONTINUES INDEFINITELY.27
039
-17- (6) THE DEPARTMENT SHALL ENSURE THAT DEPARTMENTAL1
POLICIES:2
(a) F
ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN3
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A4
DEPARTMENT FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER5
CONTRACT WITH THE DEPARTMENT , REGARDLESS OF WHETHER THEY ARE
6
A RESPONDENT IN A DEPENDENCY AND NEGLECT PROCEEDING . THE7
POLICIES MUST INCLUDE THE PROVISION OF ACCESS TO A TELEPHONE AND8
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL9
SPACE AND RESOURCES FOR IN-PERSON FAMILY TIME. THE PURPOSE OF THE10
POLICIES IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND11
PARENT RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD12
DEVELOPMENT, AND REDUCE RECIDIVISM AND INTERGENERATIONAL13
INCARCERATION. THE POLICIES MUST CONSIDER THE BENEFITS TO THE14
CHILD THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND15
THE PARENT'S WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL16
RELATIONSHIP WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE17
CHILD AND PARENT, WHEN APPROPRIATE. THE POLICIES MUST PRIORITIZE18
ACCESS TO SERVICES PROVIDED BY THE DEPARTMENT FOR PARENTS WITH19
OPEN DEPENDENCY AND NEGLECT CASES ; AND20
(b) A
RE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS21
SECTION.22
SECTION 11. In Colorado Revised Statutes, add 30-10-528 as
23
follows:24
30-10-528. Incarcerated parents - family services coordinator.25
E
ACH SHERIFF SHALL DESIGNATE AT LEAST ONE INDIVIDUAL TO SERVE AS
26
A COMMUNICATION LIAISON BETWEEN THE COUNTY JAIL AND COUNTY27
039
-18- DEPARTMENTS OF HUMAN SERVICES CONCERNING CHILDREN SUBJECT TO1
AN OPEN DEPENDENCY AND NEGLECT CASE WHOSE PARENTS ARE2
INCARCERATED IN THE JAIL FOR THE PURPOSE OF IMPROVING3
COMMUNICATION AND ENSURING OPPORTUNITIES FOR FAMILY TIME .4
SECTION 12. Appropriation. (1) For the 2023-24 state fiscal5
year, $31,110 is appropriated to the department of corrections. This6
appropriation is from the general fund. To implement this act, the7
department may use this appropriation as follows:8
(a) $2,050 for use by institutions for start-up costs related to the9
superintendents subprogram;10
(b) $26,385 for use by support services for personal services11
related to the business operations subprogram, which amount is based on12
an assumption that the program will require an additional 0.4 FTE;13
(c) $2,250 for use by support services for operating expenses14
related to the business operations subprogram;15
(d) $225 for use by support services for operating expenses related16
to the communications subprogram; and17
(e) $200 for use by support services for operating expenses related18
to the information systems subprogram.19
(2) For the 2023-24 state fiscal year, $15,111 is appropriated to20
the department of human services for use by the division of child welfare.21
This appropriation is from the general fund. To implement this act, the22
division may use this appropriation as follows:23
(a) $9,396 for administration; and24
(b) $5,715 for Colorado TRAILS.25
(3) For the 2023-24 state fiscal year, the general assembly26
anticipates that the department of human services will receive $4,481 in27
039
-19- federal funds for use by the division of child welfare to implement this1
act, which amount is subject to the "(I)" notation as defined in the annual2
general appropriation act for the same fiscal year. The appropriation in3
subsection (2) of this section is based on the assumption that the division4
will receive this amount of federal funds to be used as follows:5
(a) $1,404 for administration; and6
(b) $3,077 for Colorado trails.7
(4) For the 2023-24 state fiscal year, $7,425 is appropriated to the8
judicial department for use by the office of the respondent parents'9
counsel. This appropriation is from the general fund, and is based on an10
assumption that the office will require an additional 0.1 FTE. To11
implement this act, the office may use this appropriation for personal12
services.13
SECTION 13. Effective date. This act takes effect January 1,14
2024.15
SECTION 14. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
039
-20-