First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0252.01 Jacob Baus x2173
SENATE BILL 23-039
Senate Committees House Committees
Judiciary Public & Behavioral Health & Human Services
Appropriations 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
HOUSE
Amended 2nd Reading
April 19, 2023
SENATE
Amended 3rd Reading
March 24, 2023
SENATE
Amended 2nd Reading
March 23, 2023
SENATE SPONSORSHIP
Buckner, Bridges, Coleman, Cutter, Danielson, Fenberg, Fields, Ginal, Gonzales, Hansen,
Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Sullivan, Winter F.
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 . 4
(b) (I) I
F THE COURT BECOMES AWARE THAT A RESPONDENT IS5
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE6
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF7
CORRECTIONS, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE8
RESPONDENT'S PERSONAL ATTENDANCE OR ATTENDANCE THROUGH
9
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AT ALL HEARINGS, UNLESS10
THE COURT FINDS IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT11
TO SECTION 19-1-106. IF THE RESPONDENT IS REPRESENTED BY COUNSEL ,12
COUNSEL SHALL FILE A MOTION FOR THE RESPONDENT 'S PERSONAL13
ATTENDANCE OR ATTENDANCE THROUGH AUDIO -VISUAL COMMUNICATION14
TECHNOLOGY AT THE HEARING IF COUNSEL KNOWS THE RESPONDENT IS15
INCARCERATED AND WANTS TO PERSONALLY ATTEND A CONTESTED16
HEARING OR ATTEND ANY HEARING THROUGH AUDIO -VISUAL17
COMMUNICATION TECHNOLOGY . IF THE RESPONDENT IS NOT REPRESENTED18
BY COUNSEL, THE COURT SHALL FILE A WRIT FOR THE RESPONDENT 'S19
PERSONAL APPEARANCE OR APPEARANCE THROUGH AUDIO -VISUAL20
COMMUNICATION TECHNOLOGY . IF A WRIT FOR APPEARANCE THROUGH21
AUDIO-VISUAL COMMUNICATION TECHNOLOGY IS ISSUED , THE COURT22
SHALL INCLUDE INFORMATION ON THE WRIT CONCERNING THE MANNER BY23
WHICH THE RESPONDENT MAY APPEAR AND SHALL ENSURE THE WRIT IS24
PROVIDED TO THE LITIGATION COORDINATOR AT THE FACILITY OR JAIL25
WHERE THE RESPONDENT IS INCARCERATED . IF THE RESPONDENT IS26
REPRESENTED BY COUNSEL , THE COURT MAY ORDER THE COUNSEL TO27
039
-6- INFORM THE LITIGATION COORDINATOR .1
(II) I
F THE PERSONAL ATTENDANCE
WRIT ISSUED BY THE COURT2
PURSUANT TO SUBSECTION (5.5)(b)(I) OF THIS SECTION IS NOT HONORED,3
THE COURT MUST PERMIT THE RESP ONDENT TO ATTEND AND PARTICIPATE4
IN A HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY .5
(c) (I) A
COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,6
THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF7
CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE8
THE NOTIFICATION OF PROCEEDINGS AND PERSONAL APPEARANCE OF A9
RESPONDENT WHO IS INCARCERATED .10
(II) A
REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE11
RESPONDENT IS INCARCERATED SHALL , WHEN POSSIBLE,
INFORM THE12
COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR TO THE PROCEEDING13
IF IT CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A14
PROCEEDING.15
(III)
A REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE16
RESPONDENT IS INCARCERATED SHALL INFORM THE COURT IF THE17
RESPONDENT REFUSES TRANSPORTATION , AND THE CIRCUMSTANCES OF18
THE REFUSAL, AS SOON AS PRACTICABLE.19
(IV) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED20
CANNOT FACILITATE TRANSPORTATION OF THE RESP ONDENT TO A HEARING21
PURSUANT TO THIS SUBSECTION (5.5), THE FACILITY SHALL MAKE EVERY22
REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION23
AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ,
24
SO LONG AS THE REQUIREMENTS PURSUANT TO SUBSECTION (5.5)(b)(I) OF25
THIS SECTION ARE SATISFIED.26
SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(d)27
039
-7- as follows:1
19-3-507. Dispositional hearing - rules. (1) (d) (I)
IF A CHILD IS
2
ELIGIBLE FOR SERVICES PURSUANT TO SECTION 19-3-208, AND THE CHILD'S3
PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,4
A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE5
DEPARTMENT OF CORRECTIONS , OR A JAIL, THEN PRIOR TO ANY6
DISPOSITIONAL HEARING, THE COUNTY DEPARTMENT , UPON KNOWLEDGE7
OF THE INCARCERATION, SHALL MAKE REASONABLE EFFORTS TO INVOLVE8
THE PARENT WHO IS INCARCERATED IN PLANNING THE SERVICES FOR THE9
CHILD, OR DOCUMENT THE CASEWORKER 'S EFFORTS TO INCLUDE THE10
PARENT WHO IS INCARCERATED IN THE PLANNING . REASONABLE EFFORTS11
INCLUDE:12
(A) I
N ANY MEETING CUSTOMARILY ATTENDED BY A PARENT ,13
PERMITTING AND FACILITATING , TO THE EXTENT REASONABLY14
PRACTICABLE, A PARENT'S REMOTE ATTENDANCE AND PARTICIPATION15
THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ;
16
(B) O
PPORTUNITIES FOR MEANINGFUL
FAMILY TIME BETWEEN17
THE CHILD AND PARENT. IF IN-PERSON FAMILY TIME IS NOT REASONABLY18
PRACTICABLE, THE CASEWORKER SHALL COMMUNICATE WITH THE19
FACILITY OR JAIL REGARDING THE FACILITY 'S OR JAIL'S ABILITY TO20
FACILITATE FAMILY TIME BETWEEN THE CHILD AND PARENT THROUGH21
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ARRANGE FOR22
AVAILABLE VIRTUAL FAMILY TIME . THE COURT SHALL CONSIDER THE23
PREFERENCES OF THE CHILD AND PARENT WHEN DETERMINING WHETHER24
IN-PERSON FAMILY TIME SHOULD OCCUR . NOTHING IN THIS SUBSECTION25
(1)(d) REQUIRES THE COURT TO ORDER FAMILY TIME IF A PROTECTION26
ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE PARENT , OR IF27
039
-8- THE COURT DETERMINES THAT FAMILY TIME WOULD JEOPARDIZE THE1
CHILD'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL2
NOT DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD'S BEST INTERESTS3
BASED SOLELY ON THE FACT THAT IN-PERSON FAMILY TIME WOULD OCCUR4
IN A FACILITY OR JAIL; AND5
(C) C
OMMUNICATING WITH THE FACILITY 'S OR JAIL'S DESIGNEE.
6
(II) T
HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO7
COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (1)(d)
.8
SECTION 6. In Colorado Revised Statutes, 19-3-508, amend9
(1)(e)(I); and add (1)(e)(III) as follows:10
19-3-508. Neglected or dependent child - disposition -11
concurrent planning - definition. (1) When a child has been12
adjudicated to be neglected or dependent, the court may enter a decree of13
disposition the same day, but in any event it shall do so within forty-five14
days unless the court finds that the best interests of the child will be15
served by granting a delay. In a county designated pursuant to section16
19-1-123, if the child is under six years of age at the time a petition is17
filed in accordance with section 19-3-501 (2), the court shall enter a18
decree of disposition within thirty days after the adjudication and shall not19
grant a delay unless good cause is shown and unless the court finds that20
the best interests of the child will be served by granting the delay. It is the21
intent of the general assembly that the dispositional hearing be held on the22
same day as the adjudicatory hearing, whenever possible. If a delay is23
granted, the court shall set forth the reasons why a delay is necessary and24
the minimum amount of time needed to resolve the reasons for the delay25
and shall schedule the hearing at the earliest possible time following the26
delay. When the proposed disposition is termination of the parent-child27
039
-9- legal relationship, the hearing on termination must not be held on the1
same date as the adjudication, and the time limits set forth above for2
dispositional hearings do not apply. When the proposed disposition is3
termination of the parent-child legal relationship, the court may continue4
the dispositional hearing to the earliest available date for a hearing in5
accordance with the provisions of subsection (3)(a) of this section and6
part 6 of this article 3. When the decree does not terminate the7
parent-child legal relationship, the court shall approve an appropriate8
treatment plan that must include but not be limited to one or more of the9
following provisions of subsections (1)(a) to (1)(d) of this section:10
(e) (I) Except where the proposed disposition is termination of the11
parent-child legal relationship,
THE CASEWORKER ASSIGNED TO THE CASE
12
SHALL SUBMIT AN APPROPRIATE TREATMENT PLAN AND the court shall13
approve an appropriate treatment plan involving the child named and each14
respondent named and served in the action. I
F A CHILD'S PARENT IS
15
INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE16
CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF17
CORRECTIONS, OR A JAIL, THE CASEWORKER ASSIGNED TO THE CASE , UPON18
KNOWLEDGE OF THE INCARCERATION , SHALL INCLUDE INFORMATION IN19
THE REPORT THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO20
A PARENT AT THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED21
OR THE CASEWORKER 'S EFFORTS TO OBTAIN THAT INFORMATION . THE22
COUNTY DEPARTMENT SHALL COMMUNICATE WITH THE FACILITY OR JAIL23
WHERE THE PARENT IS INCARCERATED REGARDING THE REQUIREMENTS OF24
THE COURT-ORDERED TREATMENT PLAN . However, the court may find that25
an appropriate treatment plan cannot be devised as to a particular26
respondent because the child has been abandoned as set forth in section27
039
-10- 19-3-604 (1)(a) and the parents cannot be located, or because the child1
has been adjudicated as neglected or dependent based upon section2
19-3-102 (2), or due to the unfitness of the parents as set forth in section3
19-3-604 (1)(b). When the court finds that an appropriate treatment plan4
cannot be devised, the court shall conduct a permanency hearing as set5
forth in section 19-3-702 (1), unless a motion for termination of parental6
rights has been filed within thirty days after the court's finding. 7
(III) IF, AFTER THE DISPOSITIONAL HEARING , THE CHILD'S8
PARENT BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF9
CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER10
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL FOR MORE11
THAN THIRTY-FIVE DAYS, THEN THE CASEWORKER ASSIGNED TO THE CASE ,12
UPON KNOWLEDGE OF INCARCERATION , SHALL PROVIDE INFORMATION13
THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A PARENT AT14
THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR THE15
CASEWORKER'S EFFORTS TO OBTAIN THE INFORMATION AT THE NEXT16
SCHEDULED COURT HEARING . 17
SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal18
(1)(b)(III) as follows:19
19-3-604. Criteria for termination. (1) The court may order a20
termination of the parent-child legal relationship upon the finding by clear21
and convincing evidence of any one of the following:22
(b) That the child is adjudicated dependent or neglected and the23
court finds that an appropriate treatment plan cannot be devised to24
address the unfitness of the parent or parents. In making such a25
determination, the court shall find one of the following as the basis for26
unfitness:27
039
-11- (III) Long-term confinement of the parent of such duration that1
the parent is not eligible for parole for at least six years after the date the2
child was adjudicated dependent or neglected or, in a county designated3
pursuant to section 19-1-123, if the child is under six years of age at the4
time a petition is filed in accordance with section 19-3-501 (2), the5
long-term confinement of the parent of such duration that the parent is not6
eligible for parole for at least thirty-six months after the date the child7
was adjudicated dependent or neglected and the court has found by clear8
and convincing evidence that no appropriate treatment plan can be9
devised to address the unfitness of the parent or parents;10
11
SECTION 8. In Colorado Revised Statutes, 19-3-702, amend12
(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) and (7) as follows:13
19-3-702. Permanency hearing. (4) (e) If the court finds that14
there is not a substantial probability that the child or youth will be15
returned to a parent or legal guardian within six months and the child or16
youth appears to be adoptable and meets the criteria for adoption in17
section 19-5-203, the court may order the county department of human or18
social services to show cause why it should not file a motion to terminate19
the parent-child legal relationship pursuant to part 6 of this article 3.20
Cause may include, but is not limited to, any of the following conditions:21
(III) The child's foster parents are unable to adopt the child22
because of exceptional circumstances that do not include an23
unwillingness to accept legal responsibility for the child. The foster24
parents must be willing and capable of providing the child with a stable25
and permanent environment, and it must be shown that removal of the26
child from the physical custody of his or her foster parents would be27
039
-12- seriously detrimental to the emotional well-being of the child. or1
(IV) The criteria for termination in section 19-3-604 have not yet2
been met;
OR3
(V) I
F THE PARENT:4
(A) I
S INCARCERATED IN A DEPARTMENT OF CORRECTIONS5
FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH6
THE DEPARTMENT OF CORRECTIONS , OR A JAIL; DETAINED BY THE UNITED7
S
TATES DEPARTMENT OF HOMELAND SECURITY ; OR DEPORTED; AND8
(B) H
AS A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD9
OR YOUTH WHILE INCARCERATED , DETAINED, OR DEPORTED.
10
(7) (a) I
F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT
11
OF CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER12
CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, AND THE13
PARENT HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH14
THE CHILD WHILE INCARCERATED , THE COURT SHALL MAKE FINDINGS15
REGARDING WHETHER A PERMANENT PLACEMENT FOR THE CHILD EXISTS16
THAT PERMITS THE PARENT TO MAINTAIN A RELATIONSHIP WITH THE17
CHILD, INCLUDING GUARDIANSHIP OR ALLOCATION OF PARENTAL18
RESPONSIBILITIES, GIVING PRIMARY CONSIDERATION TO THE CHILD 'S19
MENTAL, PHYSICAL, AND EMOTIONAL NEEDS . IF THE PROPOSED20
PERMANENT PLACEMENT WOULD REQUIRE THE CHILD TO TRANSFER TO21
ANOTHER PLACEMENT , THE COURT SHALL CONSIDER THE FACTORS IN22
SUBSECTION (6) OF THIS SECTION IN MAKING ITS DETERMINATION.23
(b) I
N MAKING A DETERMINATION WHETHER THE PARENT WHO IS
24
INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP25
WITH THE CHILD, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE26
CHILD'S MENTAL, EMOTIONAL, AND PHYSICAL NEEDS, AND WHETHER THE27
039
-13- INVOLVEMENT OF THE PARENT WHO IS INCARCERATED IN THE CHILD 'S LIFE1
SERVES THE CHILD'S BEST INTERESTS. THE COURT SHALL NOT FIND THAT2
THE PARENT'S INCARCERATION IS THE SOLE REASON THAT A RELATIONSHIP3
WITH THE PARENT IS NOT IN THE CHILD 'S BEST INTERESTS, AND SHALL4
CONSIDER THE PARENT'S EFFORTS TO COMPLY WITH THE TREATMENT PLAN5
UNDER THE CIRCUMSTANCES OF INCARCERATION .6
SECTION 9. In Colorado Revised Statutes, 16-11-102, amend7
(4); and add (1.2) as follows:8
16-11-102. Presentence or probation investigation. (1.2) E
ACH9
PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER10
THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT11
PROCEEDING PURSUANT TO ARTICLE 3 OF TITLE 19.12
(4) The court, with the concurrence of the defendant and the13
prosecuting attorney, may dispense with the presentence examination and14
report; except that the information required by section 18-1.3-603 (2)15
C.R.S.
AND SUBSECTION (1.2) OF THIS SECTION and a victim impact16
statement shall MUST be made in every case. The amount of restitution17
shall MUST be ordered pursuant to section 18-1.3-603 C.R.S., and article18
18.5 of this title TITLE 16 and endorsed upon the mittimus. THE19
INFORMATION REQUIRED PURSUANT TO SUBSECTION (1.2) OF THIS SECTION20
MUST BE INCLUDED ON THE MITTIMUS .21
SECTION 10. In Colorado Revised Statutes, add 17-42-105 as22
follows:23
17-42-105. Incarcerated parents - notification to court -24
mittimus - family services coordinator - report - policies.25
(1) (a) P
URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF26
THE FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL , WHEN
27
039
-14- POSSIBLE, INFORM THE COURT NOT LESS THAN SEVENTY-TWO HOURS PRIOR1
TO A DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE2
TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING . A3
REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS4
INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES5
TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS6
PRACTICABLE.7
(b) I
F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED8
CANNOT FACILITATE TRANSPORTATION OF THE RESP ONDENT TO A HEARING9
PURSUANT TO SECTION 19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY10
REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION11
AT THE HEARING THROUGH AUDIO -VISUAL COMMUNICATION TECHNOLOGY ,
12
SO LONG AS THE REQUIREMENTS PURSUANT TO SECTION 19-3-50213
(5.5)(b)(I)
ARE SATISFIED.
14
(2) I
F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING15
THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN16
DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF17
TITLE 19, THE DEPARTMENT SHALL:18
(a) C
ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY19
THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY20
BETWEEN THE CHILD AND PARENT , UNLESS THE COURT DETERMINES THAT21
FAMILY TIME DOES NOT SERVE THE CHILD 'S BEST INTERESTS, OR A22
PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE23
PARENT; AND24
(b) N
OTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES25
WHERE THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION26
OF THE PARENT 'S CORRECTIONAL FACILITY AND THE CONTACT27
039
-15- INFORMATION FOR THE DESIGNATED INDIVIDUAL WITHIN THE LEGAL1
SERVICES UNIT NOT LATER THAN FOURTEEN DAYS AFTER THE PARENT 'S2
ARRIVAL AT THE FACILITY.3
(3) T
HE DEPARTMENT SHALL ENSURE CHILDREN AND PARENTS
4
HAVE ACCESS TO OPPORTUNITIES THAT FACILITATE CONTINUED5
RELATIONSHIPS BETWEEN CHILDREN AND THEIR PARENTS WHO ARE6
INCARCERATED, REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN A7
DEPENDENCY AND NEGLECT PROCEEDING . THE OPPORTUNITIES MUST8
INCLUDE:9
(a) E
VENTS
AT THE FACILITY THAT ARE CHILD-FOCUSED AND ARE10
PUBLICIZED PRIOR TO THE EVENT;11
(b) F
ACILITATING ACCESS TO TREATMENT AND SERVICES TO12
COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A13
PENDING DEPENDENCY AND NEGLECT PROCEEDING ; AND14
(c) F
ACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE15
IN THE PARENT'S CHILD'S LIFE THROUGH AUDIO-VISUAL COMMUNICATION16
TECHNOLOGY, INCLUDING SCHOOL CONFERENCES , MEDICAL17
CONSULTATIONS, AND CELEBRATIONS.18
(4) T
HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE19
INDIVIDUAL WITHIN THE LEGAL SERVICES UNIT TO ASSIST IN FAMILY
20
SERVICES COORDINATION . THE INDIVIDUAL'S DUTIES INCLUDE THE21
COORDINATION AND SUPERVISION OF THE OPPORTUNITIES DESCRIBED IN22
SUBSECTION (3) OF THIS SECTION, AND SERVING AS A LIAISON BETWEEN23
THE DEPARTMENT, SHERIFFS, STATE AND COUNTY DEPARTMENTS OF24
HUMAN SERVICES, AND AGENCIES CONCERNING MATTERS RELATED TO25
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED .26
(5) (a) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH27
039
-16- 1 EACH YEAR THEREAFTER , THE EXECUTIVE DIRECTOR OF THE1
DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF2
THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR3
COMMITTEES, CONCERNING PARENTS WHO ARE INCARCERATED . THE4
DEPARTMENT SHALL COOPERATE WITH THE STATE DEPARTMENT OF HUMAN5
SERVICES, COUNTY DEPARTMENTS OF HUMAN SERVICES , AND SHERIFFS AS6
NECESSARY TO IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT .7
A
T A MINIMUM, THE REPORT MUST SPECIFY PERSONS INCARCERATED IN8
DEPARTMENT FACILITIES, PRIVATE CORRECTIONAL FACILITIES UNDER9
CONTRACT WITH THE DEPARTMENT , AND JAILS, DURING THE PRECEDING10
CALENDAR YEAR WHO WERE A PARTY TO AN OPEN DEPENDENCY AND11
NEGLECT PROCEEDING, IN TOTAL AND DISAGGREGATED BY RACE OR12
ETHNICITY, SEX, ANY KNOWN DISABILITY, AND AGE.13
(b) O
N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 114
EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT15
PUBLICLY AVAILABLE ON ITS WEBSITE.16
(c) T
HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT17
DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND18
FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS '19
INFORMATION.20
(d) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13621
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS22
SUBSECTION (5) CONTINUES INDEFINITELY.23
(6) T
HE DEPARTMENT SHALL ENSURE THAT DEPARTMENTAL
24
POLICIES:25
(a) F
ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN26
CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A27
039
-17- DEPARTMENT FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER1
CONTRACT WITH THE DEPARTMENT , REGARDLESS OF WHETHER THEY ARE2
A RESPONDENT IN A DEPENDENCY AND NEGLECT PROCEEDING . THE3
POLICIES MUST INCLUDE THE PROVISION OF ACCESS TO A TELEPHONE AND4
AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL5
SPACE AND RESOURCES FOR IN-PERSON FAMILY TIME. THE PURPOSE OF THE6
POLICIES 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 POLICIES MUST CONSIDER THE BENEFITS TO THE10
CHILD THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND11
THE 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 POLICIES MUST PRIORITIZE14
ACCESS TO SERVICES PROVIDED BY THE DEPARTMENT FOR PARENTS WITH15
OPEN DEPENDENCY AND NEGLECT CASES ; AND16
(b) A
RE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS17
SECTION.18
SECTION 11. In Colorado Revised Statutes, add 30-10-528 as
19
follows:20
30-10-528. Incarcerated parents - family services coordinator.21
E
ACH SHERIFF SHALL DESIGNATE AT LEAST ONE INDIVIDUAL TO SERVE AS
22
A COMMUNICATION LIAISON BETWEEN THE COUNTY JAIL AND COUNTY23
DEPARTMENTS OF HUMAN SERVICES CONCERNING CHILDREN SUBJECT TO24
AN OPEN DEPENDENCY AND NEGLECT CASE WHOSE PARENTS ARE25
INCARCERATED IN THE JAIL FOR THE PURPOSE OF IMPROVING26
COMMUNICATION AND ENSURING OPPORTUNITIES FOR FAMILY TIME .27
039
-18- SECTION 12. Appropriation. (1) For the 2023-24 state fiscal1
year, $31,110 is appropriated to the department of corrections. This2
appropriation is from the general fund. To implement this act, the3
department may use this appropriation as follows:4
(a) $2,050 for use by institutions for start-up costs related to the5
superintendents subprogram;6
(b) $26,385 for use by support services for personal services7
related to the business operations subprogram, which amount is based on8
an assumption that the program will require an additional 0.4 FTE;9
(c) $2,250 for use by support services for operating expenses10
related to the business operations subprogram;11
(d) $225 for use by support services for operating expenses related12
to the communications subprogram; and13
(e) $200 for use by support services for operating expenses related14
to the information systems subprogram.15
(2) For the 2023-24 state fiscal year, $15,111 is appropriated to16
the department of human services for use by the division of child welfare.17
This appropriation is from the general fund. To implement this act, the18
division may use this appropriation as follows:19
(a) $9,396 for administration; and20
(b) $5,715 for Colorado TRAILS.21
(3) For the 2023-24 state fiscal year, the general assembly22
anticipates that the department of human services will receive $4,481 in23
federal funds for use by the division of child welfare to implement this24
act, which amount is subject to the "(I)" notation as defined in the annual25
general appropriation act for the same fiscal year. The appropriation in26
subsection (2) of this section is based on the assumption that the division27
039
-19- will receive this amount of federal funds to be used as follows:1
(a) $1,404 for administration; and2
(b) $3,077 for Colorado TRAILS.3
(4) For the 2023-24 state fiscal year, $7,425 is appropriated to the4
judicial department for use by the trial courts. This appropriation is from5
the general fund, and is based on an assumption that the department will6
require an additional 0.1 FTE. To implement this act, the office may use7
this appropriation for trial court programs.8
SECTION 13. Effective date. This act takes effect January 1,9
2024.10
SECTION 14. Safety clause. The general assembly hereby finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety.13
039
-20-