Colorado 2023 Regular Session

Colorado Senate Bill SB039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0252.01 Jacob Baus x2173
1	8		SENATE BILL 23-039
2		-	BY SENATOR(S) Buckner, Bridges, Coleman, Cutter, Danielson, Exum,
3		-	Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Marchman, Moreno,
4		-	Mullica, Priola, Sullivan, Winter F., Fenberg;
5		-	also REPRESENTATIVE(S) Amabile, Armagost, Bacon, Bird, Bradley,
6		-	Brown, deGruy Kennedy, Dickson, English, Froelich, Garcia,
7		-	Gonzales-Gutierrez, Hamrick, Herod, Joseph, Lieder, Lindsay, Mabrey,
8		-	Marshall, McCormick, Michaelson Jenet, Parenti, Ricks, Sirota, Snyder,
9		-	Story, Titone, Valdez, Velasco, Vigil, Weinberg, Willford, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Judiciary Public & Behavioral Health & Human Services
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING MEASURES TO REDUCE FAMILY SEPARATION CAUSED BY A
12		-	PARENT
13		-	'S DETENTION, AND, IN CONNECTION THEREWITH, MAKING AN
14		-	APPROPRIATION
15		-	.
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	finds that:
19		-	(a) At least seven percent, or more than ninety-two thousand, of
20		-	Colorado children at some time during their childhood have a parent or
21		-	guardian who was or is incarcerated;
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. (b) At least one in four Colorado children who are adjudicated
30		-	dependent or neglected have a parent or guardian who was incarcerated at
31		-	some time during dependency and neglect proceedings;
32		-	(c) The incarceration of a parent disproportionately affects children
33		-	of color and exacerbates the number of children living in poverty;
34		-	(d) Having a parent who is incarcerated hinders a child's academic
35		-	achievement. In particular, children who have mothers who are incarcerated
36		-	have a greater risk of dropping out of school, and the number of children
37		-	who have a mother who is incarcerated has more than doubled over the last
38		-	three decades;
39		-	(e) Preserving children's relationships with parents who are
40		-	incarcerated benefits families by decreasing risks to children's mental
41		-	health, including the potential to experience depression and anxiety, and
42		-	benefits society by reducing recidivism rates and facilitating successful
43		-	returns to our communities; and
44		-	(f) The focus of dependency and neglect cases should be the
45		-	physical, mental, and emotional needs of the child. Accordingly, decisions
46		-	to terminate parental rights should be based on the needs of the child, and
47		-	not solely on the status of the parent as incarcerated or the length of the
48		-	sentence.
49		-	(2) Therefore, the general assembly declares that measures are
50		-	necessary to reduce the trauma of family separation caused by incarceration
51		-	and to promote strong and healthy family relationships for the benefit of
52		-	children, their parents, and society.
53		-	SECTION 2. In Colorado Revised Statutes, add 19-1-131 as
54		-	follows:
55		-	19-1-131. Children of parents who are incarcerated - rules. T
56		-	HE
57		-	DEPARTMENT SHALL PROMULGATE RULES THAT FACILITATE
58		-	COMMUNICATION AND FAMILY TIME BETWEEN CHILDREN AND THEIR
59		-	PARENTS WHO ARE INCARCERATED IN A DEPARTMENT OF CORRECTIONS
60		-	FACILITY
61		-	, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE
62		-	DEPARTMENT OF CORRECTIONS
63		-	, OR A JAIL. THE PURPOSE OF THE RULES IS TO
64		-	NORMALIZE
65		-	, TO THE EXTENT POSSIBLE , THE CHILD AND PARENT
66		-	PAGE 2-SENATE BILL 23-039 RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD DEVELOPMENT ,
67		-	AND REDUCE RECIDIVISM AND INTERGENERATIONAL INCARCERATION . THE
68		-	RULES MUST CONSIDER THE BENEFITS TO THE CHILD THROUGH MAINTAINING
69		-	CONTACT WITH THE CHILD
70		-	'S PARENT AND THE PARENT'S WILLINGNESS AND
71		-	DESIRE TO MAINTAIN A MEANINGFUL RELATIONSHIP WITH THE CHILD
72		-	, AND
73		-	ASSIST IN THE REUNIFICATION OF THE CHILD AND PARENT WHEN
74		-	APPROPRIATE
75		-	. THE RULES MUST CONSIDER THE IMPACT OF RULES
76		-	PROMULGATED PURSUANT TO THIS SECTION ON DEPARTMENT OF
77		-	CORRECTIONS FACILITIES
78		-	, PRIVATE CORRECTIONAL FACILITIES UNDER
79		-	CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
80		-	, JAILS, AND COUNTY
81		-	DEPARTMENTS THAT MUST IMPLEMENT THE RULES
82		-	. THE DEPARTMENT SHALL
83		-	CONSIDER OPPORTUNITIES TO ASSESS THE EFFICACY OF THE RULES
84		-	PROMULGATED PURSUANT TO THIS SECTION
85		-	.
86		-	SECTION 3. In Colorado Revised Statutes, 19-3-202, amend (1)
87		-	as follows:
88		-	19-3-202. Right to counsel and jury trial. (1) At the first
89		-	appearance of a respondent parent, guardian, or legal custodian, the court
90		-	shall fully advise the respondent of his or her
91		-	THE RESPONDENT'S legal
92		-	rights, including the right to a jury trial, the right to be represented by
93		-	counsel at every stage of the proceedings, and the right to seek the
94		-	appointment of counsel through the office of respondent parents' counsel
95		-	established in section 13-92-103, C.R.S.,
96		-	if the respondent is unable to
97		-	financially secure counsel on his or her THE RESPONDENT'S own. THE COURT
98		-	SHALL APPOINT COUNSEL FOR A RESP ONDENT WHO IS INCARCERATED IN A
99		-	DEPARTMENT OF CORRECTIONS FACILITY
100		-	, A PRIVATE CORRECTIONAL
101		-	FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
102		-	, OR A
103		-	JAIL
104		-	; HELD IN FEDERAL CUSTODY; OR INVOLUNTARILY COMMITTED , UNLESS
105		-	THE COURT DETERMINES THE RESPONDENT IS ABLE TO FINANCIALLY SECURE
106		-	COUNSEL ON THE RESPONDENT
107		-	'S OWN OR THE RESPONDENT CHOOSES TO
108		-	PROCEED WITHOUT COUNSEL
109		-	. The court shall fully explain to the respondent
110		-	the informational notice of rights and remedies for families prepared
111		-	pursuant to section 19-3-212 and shall recommend that the respondent
112		-	discuss such notice with his or her
113		-	THE RESPONDENT'S counsel. Further, the
114		-	court shall advise the respondent of the minimum and maximum time
115		-	frames for the dependency and neglect process, including the minimum and
116		-	maximum time frames for adjudication, disposition, and termination of
117		-	parental rights for a child who is under six years of age at the time the
118		-	petition is filed in a county designated pursuant to section 19-1-123.
119		-	PAGE 3-SENATE BILL 23-039 Nothing in this section limits the power of the court to appoint counsel prior
120		-	to the filing of a petition for good cause.
121		-	SECTION 4. In Colorado Revised Statutes, 19-3-502, add (5.5) as
122		-	follows:
123		-	19-3-502. Petition form and content - limitations on claims in
	14	+	ONCERNING MEASURES TO REDUCE FAMILY SEPARATION CAUSED BY101
	15	+	A PARENT'S DETENTION, AND, IN CONNECTION THEREWITH ,
	16	+	102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill requires the department of human services to promulgate
	26	+	rules that facilitate communication and family time between children and
	27	+	their parents who are incarcerated.
	28	+	The bill requires the court and the prison or jail where the parent
	29	+	is incarcerated to facilitate the parent's attendance and participation in
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	April 21, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	April 19, 2023
	36	+	SENATE
	37	+	Amended 3rd Reading
	38	+	March 24, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	March 23, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Buckner, Bridges, Coleman, Cutter, Danielson, Fenberg, Fields, Ginal, Gonzales, Hansen,
	44	+	Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Sullivan, Winter F.
	45	+	HOUSE SPONSORSHIP
	46	+	Amabile, Armagost, Bacon, Bird, Bradley, Brown, deGruy Kennedy, Dickson, English,
	47	+	Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Joseph, Lieder, Lindsay, Mabrey,
	48	+	Marshall, McCluskie, McCormick, Michaelson Jenet, Parenti, Ricks, Sirota, Snyder, Story,
	49	+	Titone, Valdez, Velasco, Vigil, Weinberg, Willford
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. proceedings for the parent's dependency and neglect case.
	53	+	Under current law, after an order of adjudication in a dependency
	54	+	and neglect case, the court holds a dispositional hearing. The bill requires,
	55	+	except in instances when the proposed disposition is termination of the
	56	+	parent-child legal relationship, if a child's parent is incarcerated, that the
	57	+	court approve a treatment plan for the parent that specifies how the parent
	58	+	may participate in future meetings and hearings, including services and
	59	+	treatments available to the parent at the prison or jail, and opportunities
	60	+	for meaningful, in-person family time at the prison unless the family time
	61	+	does not serve the best interests of the child.
	62	+	Under current law, the court may terminate the parent-child legal
	63	+	relationship based on statutorily created circumstances. The bill
	64	+	eliminates the parent's incarceration and related conditions as a basis for
	65	+	terminating the parent-child relationship.
	66	+	Under current law, if the court finds that there is not a substantial
	67	+	probability that the child will be returned to a parent or legal guardian
	68	+	within 6 months and the child satisfies criteria for adoption, the court may
	69	+	require the county department of human services to show cause why it
	70	+	should not file a motion to terminate the parent-child legal relationship.
	71	+	The bill states that such cause may exist if the parent is incarcerated,
	72	+	detained by the United States department of homeland security, or
	73	+	deported, and if the parent has maintained a meaningful and safe
	74	+	relationship with the child while incarcerated, detained, or deported.
	75	+	The bill requires the department of corrections to create and submit
	76	+	an annual report to the judiciary committees of the senate and house of
	77	+	representatives concerning parents who are incarcerated, and make the
	78	+	report publicly available.
	79	+	The bill requires the department of corrections to develop
	80	+	opportunities and promulgate policies to facilitate continued relationships
	81	+	between children and their parents who are incarcerated.
	82	+	The bill requires the department of corrections to designate a
	83	+	family services coordinator, who is responsible for duties related to
	84	+	children and their parents who are incarcerated.
	85	+	Be it enacted by the General Assembly of the State of Colorado:1
	86	+	SECTION 1. Legislative declaration. (1) The general assembly2
	87	+	finds that:3
	88	+	(a) At least seven percent, or more than ninety-two thousand, of4
	89	+	Colorado children at some time during their childhood have a parent or5
	90	+	guardian who was or is incarcerated;6
	91	+	039-2- (b) At least one in four Colorado children who are adjudicated1
	92	+	dependent or neglected have a parent or guardian who was incarcerated2
	93	+	at some time during dependency and neglect proceedings;3
	94	+	(c) The incarceration of a parent disproportionately affects4
	95	+	children of color and exacerbates the number of children living in5
	96	+	poverty;6
	97	+	(d) Having a parent who is incarcerated hinders a child's academic7
	98	+	achievement. In particular, children who have mothers who are8
	99	+	incarcerated have a greater risk of dropping out of school, and the number9
	100	+	of children who have a mother who is incarcerated has more than doubled10
	101	+	over the last three decades; 11
	102	+	(e) Preserving children's relationships with parents who are12
	103	+	incarcerated benefits families by decreasing risks to children's mental13
	104	+	health, including the potential to experience depression and anxiety, and14
	105	+	benefits society by reducing recidivism rates and facilitating successful15
	106	+	returns to our communities; and16
	107	+	(f) The focus of dependency and neglect cases should be the17
	108	+	physical, mental, and emotional needs of the child. Accordingly,18
	109	+	decisions to terminate parental rights should be based on the needs of the19
	110	+	child, and not solely on the status of the parent as incarcerated or the20
	111	+	length of the sentence.21
	112	+	(2) Therefore, the general assembly declares that measures are22
	113	+	necessary to reduce the trauma of family separation caused by23
	114	+	incarceration and to promote strong and healthy family relationships for24
	115	+	the benefit of children, their parents, and society.25
	116	+	SECTION 2. In Colorado Revised Statutes, add 19-1-131 as26
	117	+	follows:27
	118	+	039
	119	+	-3- 19-1-131. Children of parents who are incarcerated - rules.1
	120	+	T
	121	+	HE DEPARTMENT SHALL PROMULGATE RULES THAT FACILITATE2
	122	+	COMMUNICATION AND FAMILY TIME BETWEEN CHILDREN AND THEIR3
	123	+	PARENTS WHO ARE INCARCERATED IN A DEPARTMENT OF CORRECTIONS4
	124	+	FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH5
	125	+	THE DEPARTMENT OF CORRECTIONS , OR A JAIL. THE PURPOSE OF THE6
	126	+	RULES IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND7
	127	+	PARENT RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD8
	128	+	DEVELOPMENT, AND REDUCE RECIDIVISM AND INTERGENERATIONAL9
	129	+	INCARCERATION. THE RULES MUST CONSIDER THE BENEFITS TO THE CHILD10
	130	+	THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND THE11
	131	+	PARENT'S WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL12
	132	+	RELATIONSHIP WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE13
	133	+	CHILD AND PARENT WHEN APPROPRIATE . THE RULES MUST CONSIDER THE
	134	+	14
	135	+	IMPACT OF RULES PROMULGATED PURSUANT TO THIS SECTION ON15
	136	+	DEPARTMENT OF CORRECTIONS FACILITIES , PRIVATE CORRECTIONAL16
	137	+	FACILITIES UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS ,17
	138	+	JAILS, AND COUNTY DEPARTMENTS THAT MUST IMPLEMENT THE RULES .18
	139	+	T
	140	+	HE DEPARTMENT SHALL CONSIDER OPPORTUNITIES TO ASSESS THE
	141	+	19
	142	+	EFFICACY OF THE RULES PROMULGATED PURSUANT TO THIS SECTION .20
	143	+	SECTION 3. In Colorado Revised Statutes, 19-3-202, amend (1)21
	144	+	as follows:22
	145	+	19-3-202. Right to counsel and jury trial. (1) At the first23
	146	+	appearance of a respondent parent, guardian, or legal custodian, the court24
	147	+	shall fully advise the respondent of his or her THE RESPONDENT'S legal25
	148	+	rights, including the right to a jury trial, the right to be represented by26
	149	+	counsel at every stage of the proceedings, and the right to seek the27
	150	+	039
	151	+	-4- appointment of counsel through the office of respondent parents' counsel1
	152	+	established in section 13-92-103, C.R.S., if the respondent is unable to2
	153	+	financially secure counsel on his or her THE RESPONDENT'S own. THE3
	154	+	COURT SHALL APPOINT COUNSEL FOR A RESPONDENT WHO IS4
	155	+	INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE5
	156	+	CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF6
	157	+	CORRECTIONS, OR A JAIL; HELD IN FEDERAL CUSTODY; OR INVOLUNTARILY7
	158	+	COMMITTED, UNLESS THE COURT DETERMINES THE RESPONDENT IS ABLE8
	159	+	TO FINANCIALLY SECURE COUNSEL ON THE RESPONDENT 'S OWN OR THE9
	160	+	RESPONDENT CHOOSES TO PROCEED WITHOUT COUNSEL . The court shall10
	161	+	fully explain to the respondent the informational notice of rights and11
	162	+	remedies for families prepared pursuant to section 19-3-212 and shall12
	163	+	recommend that the respondent discuss such notice with his or her THE13
	164	+	RESPONDENT'S counsel. Further, the court shall advise the respondent of14
	165	+	the minimum and maximum time frames for the dependency and neglect15
	166	+	process, including the minimum and maximum time frames for16
	167	+	adjudication, disposition, and termination of parental rights for a child17
	168	+	who is under six years of age at the time the petition is filed in a county18
	169	+	designated pursuant to section 19-1-123. Nothing in this section limits the19
	170	+	power of the court to appoint counsel prior to the filing of a petition for20
	171	+	good cause.21
	172	+	SECTION 4. In Colorado Revised Statutes, 19-3-502, add (5.5)22
	173	+	as follows:23
	174	+	19-3-502. Petition form and content - limitations on claims in24
124	175		dependency or neglect actions. (5.5) (a) A
125		-	PERSON NAMED A RESPONDENT
126		-	IS A PARTY TO THE PROCEEDINGS AND HAS THE RIGHT AND RESPONSIBILITY
127		-	TO ATTEND AND FULLY PARTICIPATE IN ALL PROCEEDINGS RELATED TO THE
128		-	RESPONDENT
129		-	. A RESPONDENT'S FAILURE TO APPEAR FOR A HEARING DOES
130		-	NOT CONSTITUTE A VIOLATION OF THE RESPONDENT
131		-	'S DUE PROCESS RIGHTS
132		-	AND NOTHING IN THIS SECTION PROHIBITS THE COURT FROM PROCEEDING IF
133		-	A RESPONDENT FAILS TO APPEAR
134		-	.
	176	+	PERSON NAMED A
	177	+	25
	178	+	RESPONDENT IS A PARTY TO THE PROCEEDINGS AND HAS THE RIGHT AND26
	179	+	RESPONSIBILITY TO ATTEND AND FULLY PARTICIPATE IN ALL PROCEEDINGS27
	180	+	039
	181	+	-5- RELATED TO THE RESPONDENT. A RESPONDENT'S FAILURE TO APPEAR FOR1
	182	+	A HEARING DOES NOT CONSTITUTE A VIOLATION OF THE RESPONDENT 'S2
	183	+	DUE PROCESS RIGHTS AND NOTHING IN THIS SECTION PROHIBITS THE COURT3
	184	+	FROM PROCEEDING IF A RESPONDENT FAILS TO APPEAR . 4
135	185		(b) (I) I
136		-	F THE COURT BECOMES AWARE THAT A RESPONDENT IS
137		-	INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
138		-	, A PRIVATE
139		-	CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF
140		-	CORRECTIONS
141		-	, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE
142		-	RESPONDENT
143		-	'S PERSONAL ATTENDANCE OR ATTENDANCE THROUGH
144		-	AUDIO
145		-	-VISUAL COMMUNICATION TECHNOLOGY AT ALL HEARINGS , UNLESS
146		-	THE COURT FINDS IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT
147		-	TO SECTION
148		-	19-1-106. IF THE RESPONDENT IS REPRESENTED BY COUNSEL ,
149		-	COUNSEL SHALL FILE A MOTION FOR THE RESPONDENT 'S PERSONAL
150		-	ATTENDANCE OR ATTENDANCE THROUGH AUDIO
151		-	-VISUAL COMMUNICATION
152		-	TECHNOLOGY AT THE HEARING IF COUNSEL KNOWS THE RESPONDENT IS
153		-	INCARCERATED AND WANTS TO PERS ONALLY ATTEND A CONTESTED HEARING
154		-	OR ATTEND ANY HEARING THR OUGH AUDIO
155		-	-VISUAL COMMUNICATION
156		-	TECHNOLOGY
157		-	. IF THE RESPONDENT IS NOT REPRESENTED BY COUNSEL , THE
158		-	COURT SHALL FILE A WRIT FOR THE RESPONDENT
159		-	'S PERSONAL APPEARANCE
160		-	OR APPEARANCE THROUGH AUDIO
161		-	-VISUAL COMMUNICATION TECHNOLOGY .
162		-	I
163		-	F A WRIT FOR APPEARANCE THROUGH AUDIO -VISUAL COMMUNICATION
164		-	TECHNOLOGY IS ISSUED
165		-	, THE COURT SHALL INCLUDE INFORMATION ON THE
166		-	WRIT CONCERNING THE MANNER BY WHICH THE RESPONDENT MAY APPEAR
167		-	AND SHALL ENSURE THE WRIT IS PROVIDED TO THE LITIGATION
168		-	COORDINATOR AT THE FACILITY OR JAIL WHERE THE RESPONDENT IS
169		-	INCARCERATED
170		-	. IF THE RESPONDENT IS REPRESENTED BY COUNSEL , THE
171		-	COURT MAY ORDER THE COUNSEL TO INFORM THE LITIGATION COORDINATOR
172		-	.
	186	+	F THE COURT BECOMES AWARE THAT A RESPONDENT IS5
	187	+	INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE6
	188	+	CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF7
	189	+	CORRECTIONS, OR A JAIL, THE COURT SHALL ISSUE A WRIT FOR THE8
	190	+	RESPONDENT'S PERSONAL ATTENDANCE OR ATTENDANCE THROUGH
	191	+	9
	192	+	AUDIO-VISUAL COMMUNICATION TECHNOLOGY AT ALL HEARINGS, UNLESS10
	193	+	THE COURT FINDS IT NECESSARY TO HOLD SEPARATE HEARINGS PURSUANT11
	194	+	TO SECTION 19-1-106. IF THE RESPONDENT IS REPRESENTED BY COUNSEL ,12
	195	+	COUNSEL SHALL FILE A MOTION FOR THE RESPONDENT 'S PERSONAL13
	196	+	ATTENDANCE OR ATTENDANCE THROUGH AUDIO -VISUAL COMMUNICATION14
	197	+	TECHNOLOGY AT THE HEARING IF COUNSEL KNOWS THE RESPONDENT IS15
	198	+	INCARCERATED AND WANTS TO PERSONALLY ATTEND A CONTESTED16
	199	+	HEARING OR ATTEND ANY HEARING THROUGH AUDIO -VISUAL17
	200	+	COMMUNICATION TECHNOLOGY . IF THE RESPONDENT IS NOT REPRESENTED18
	201	+	BY COUNSEL, THE COURT SHALL FILE A WRIT FOR THE RESPONDENT 'S19
	202	+	PERSONAL APPEARANCE OR APPEARANCE THROUGH AUDIO -VISUAL20
	203	+	COMMUNICATION TECHNOLOGY . IF A WRIT FOR APPEARANCE THROUGH21
	204	+	AUDIO-VISUAL COMMUNICATION TECHNOLOGY IS ISSUED , THE COURT22
	205	+	SHALL INCLUDE INFORMATION ON THE WRIT CONCERNING THE MANNER BY23
	206	+	WHICH THE RESPONDENT MAY APPEAR AND SHALL ENSURE THE WRIT IS24
	207	+	PROVIDED TO THE LITIGATION COORDINATOR AT THE FACILITY OR JAIL25
	208	+	WHERE THE RESPONDENT IS INCARCERATED . IF THE RESPONDENT IS26
	209	+	REPRESENTED BY COUNSEL , THE COURT MAY ORDER THE COUNSEL TO27
	210	+	039
	211	+	-6- INFORM THE LITIGATION COORDINATOR .1
173	212		(II) I
174		-	F THE PERSONAL ATTENDANCE ~~WRIT ISSUED BY THE COURT~~
175		-	~~PAGE 4-SENATE~~ ~~BILL 23-039 PURSUANT TO SUBSECTION (5.5)(b)(I) OF THIS SECTION IS NOT HONORED,~~ THE
176		-	~~COURT MUST PERMIT THE RESPONDENT~~ TO ~~ATTEND AND PARTICIPATE IN A~~
177		-	~~HEARING THROUGH AUDIO~~
178		-	-VISUAL COMMUNICATION TECHNOLOGY .
	213	+	F THE PERSONAL ATTENDANCE
	214	+	WRIT ISSUED BY THE COURT2
	215	+	PURSUANT TO SUBSECTION (5.5)(b)(I) OF THIS SECTION IS NOT HONORED,3
	216	+	THE COURT MUST PERMIT THE RESP ONDENT TO ATTEND AND PARTICIPATE4
	217	+	IN A HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY .5
179	218		(c) (I) A
180		-	COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,
181		-	THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
182		-	CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE
183		-	THE NOTIFICATION OF PROCEEDINGS AND PERS ONAL APPEARANCE OF A
184		-	RESPONDENT WHO IS INCARCERATED
185		-	.
	219	+	COURT, THE COUNTY DEPARTMENT OF HUMAN SERVICES ,6
	220	+	THE SHERIFF, OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF7
	221	+	CORRECTIONS MAY DEVELOP AND IMPLEMENT PROCEDURES TO FACILITATE8
	222	+	THE NOTIFICATION OF PROCEEDINGS AND PERSONAL APPEARANCE OF A9
	223	+	RESPONDENT WHO IS INCARCERATED .10
186	224		(II) A
187		-	REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE
188		-	RESPONDENT IS INCARCERATED SHALL
189		-	, WHEN POSSIBLE, INFORM THE COURT
190		-	NOT LESS THAN SEVENTY
191		-	-TWO HOURS PRIOR TO THE PROCEEDING IF IT
192		-	CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A
193		-	PROCEEDING
194		-	.
195		-	(III) A
196		-	REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE
197		-	RESPONDENT IS INCARCERATED SHALL INFORM THE COURT IF THE
198		-	RESPONDENT REFUSES TRANSPORTATION
199		-	, AND THE CIRCUMSTANCES OF THE
200		-	REFUSAL
201		-	, AS SOON AS PRACTICABLE.
	225	+	REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE11
	226	+	RESPONDENT IS INCARCERATED SHALL , WHEN POSSIBLE,
	227	+	INFORM THE12
	228	+	COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR TO THE PROCEEDING13
	229	+	IF IT CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A14
	230	+	PROCEEDING.15
	231	+	(III)
	232	+	A REPRESENTATIVE OF THE FACILITY OR JAIL WHERE THE16
	233	+	RESPONDENT IS INCARCERATED SHALL INFORM THE COURT IF THE17
	234	+	RESPONDENT REFUSES TRANSPORTATION , AND THE CIRCUMSTANCES OF18
	235	+	THE REFUSAL, AS SOON AS PRACTICABLE.19
202	236		(IV) I
203		-	F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED
204		-	CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING
205		-	PURSUANT TO THIS SUBSECTION
206		-	(5.5), THE FACILITY SHALL MAKE EVERY
207		-	REASONABLE EFFORT TO FACILITATE THE RESPONDENT
208		-	'S PARTICIPATION AT
209		-	THE HEARING THROUGH AUDIO
210		-	-VISUAL COMMUNICATION TECHNOLOGY , SO
211		-	LONG AS THE REQUIREMENTS PURSUANT TO SUBSECTION
212		-	(5.5)(b)(I) OF THIS
213		-	SECTION ARE SATISFIED
214		-	.
215		-	SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(f)
216		-	as follows:
217		-	19-3-507. Dispositional hearing - rules. (1) (f) (I) I
218		-	F A CHILD IS
219		-	ELIGIBLE FOR SERVICES PURSUANT TO SECTION
220		-	19-3-208, AND THE CHILD'S
221		-	PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
222		-	, A
223		-	PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT
224		-	OF CORRECTIONS
225		-	, OR A JAIL, THEN PRIOR TO ANY DISPOSITIONAL HEARING ,
226		-	THE COUNTY DEPARTMENT , UPON KNOWLEDGE OF THE INCARCERATION ,
227		-	SHALL MAKE REASONABLE EFFORTS TO INVOLVE THE PARENT WHO IS
228		-	INCARCERATED IN PLANNING THE SERVICES FOR THE CHILD
229		-	, OR DOCUMENT
230		-	PAGE 5-SENATE BILL 23-039 THE CASEWORKER 'S EFFORTS TO INCLUDE THE PARENT WHO IS
231		-	INCARCERATED IN THE PLANNING
232		-	. REASONABLE EFFORTS INCLUDE :
	237	+	F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED20
	238	+	CANNOT FACILITATE TRANSPORTATION OF THE RESP ONDENT TO A HEARING21
	239	+	PURSUANT TO THIS SUBSECTION (5.5), THE FACILITY SHALL MAKE EVERY22
	240	+	REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION23
	241	+	AT THE HEARING THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ,
	242	+	24
	243	+	SO LONG AS THE REQUIREMENTS PURSUANT TO SUBSECTION (5.5)(b)(I) OF25
	244	+	THIS SECTION ARE SATISFIED.26
	245	+	SECTION 5. In Colorado Revised Statutes, 19-3-507, add (1)(d)27
	246	+	039
	247	+	-7- as follows:1
	248	+	19-3-507. Dispositional hearing - rules. (1) (d) (I)
	249	+	IF A CHILD IS
	250	+	2
	251	+	ELIGIBLE FOR SERVICES PURSUANT TO SECTION 19-3-208, AND THE CHILD'S3
	252	+	PARENT IS INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY ,4
	253	+	A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH THE5
	254	+	DEPARTMENT OF CORRECTIONS , OR A JAIL, THEN PRIOR TO ANY6
	255	+	DISPOSITIONAL HEARING, THE COUNTY DEPARTMENT , UPON KNOWLEDGE7
	256	+	OF THE INCARCERATION, SHALL MAKE REASONABLE EFFORTS TO INVOLVE8
	257	+	THE PARENT WHO IS INCARCERATED IN PLANNING THE SERVICES FOR THE9
	258	+	CHILD, OR DOCUMENT THE CASEWORKER 'S EFFORTS TO INCLUDE THE10
	259	+	PARENT WHO IS INCARCERATED IN THE PLANNING . REASONABLE EFFORTS11
	260	+	INCLUDE:12
233	261		(A) I
234		-	N ANY MEETING CUSTOMARILY ~~A TTENDED~~ BY A PARENT ,
235		-	PERMITTING AND FACILITATING, TO THE EXTENT ~~REASONABLY PRACTICABLE ,~~
236		-	A PARENT'S REMOTE ATTENDANCE AND ~~PARTICIPATION THROUGH~~
237		-	AUDIO
238		-	~~-VISUAL COMMUNICATION TECHNOLOGY ;~~
	262	+	N ANY MEETING CUSTOMARILY ATTENDED BY A PARENT ,13
	263	+	PERMITTING AND FACILITATING , TO THE EXTENT REASONABLY14
	264	+	PRACTICABLE, A PARENT'S REMOTE ATTENDANCE AND PARTICIPATION15
	265	+	THROUGH AUDIO-VISUAL COMMUNICATION TECHNOLOGY ;
	266	+	16
239	267		(B) O
240		-	PPORTUNITIES FOR MEANINGFUL FAMILY TIME BETWEEN THE
241		-	CHILD AND PARENT
242		-	. IF IN-PERSON FAMILY TIME IS NOT REASONABLY
243		-	PRACTICABLE
244		-	, THE CASEWORKER SHALL COMMUNICATE WITH THE FACILITY
245		-	OR JAIL REGARDING THE FACILITY
246		-	'S OR JAIL'S ABILITY TO FACILITATE FAMILY
247		-	TIME BETWEEN THE CHILD AND PARENT THROUGH AUDIO
248		-	-VISUAL
249		-	COMMUNICATION TECHNOLOGY AND ARRANGE FOR AVAILABLE VIRTUAL
250		-	FAMILY TIME
251		-	. THE COURT SHALL CONSIDER THE PREFERENCES OF THE CHILD
252		-	AND PARENT WHEN DETERMINING WHETHER IN
253		-	-PERSON FAMILY TIME
254		-	SHOULD OCCUR
255		-	. NOTHING IN THIS SUBSECTION (1)(f) REQUIRES THE COURT
256		-	TO ORDER FAMILY TIME IF A PROTECTION ORDER PROHIBITS CONTACT
257		-	BETWEEN THE CHILD AND THE PARENT
258		-	, OR IF THE COURT DETERMINES THAT
259		-	FAMILY TIME WOULD JEOPARDIZE THE CHILD
260		-	'S MENTAL, EMOTIONAL, OR
261		-	PHYSICAL HEALTH
262		-	. THE COURT SHALL NOT DETERMINE THAT FAMILY TIME
263		-	IS NOT IN THE CHILD
264		-	'S BEST INTERESTS BASED SOLELY ON THE FACT THAT
265		-	IN
266		-	-PERSON FAMILY TIME WOULD OCCUR IN A FACILITY OR JAIL ; AND
267		-	(C) COMMUNICATING WITH THE FACILITY 'S OR JAIL'S DESIGNEE.
	268	+	PPORTUNITIES FOR MEANINGFUL
	269	+	FAMILY TIME BETWEEN17
	270	+	THE CHILD AND PARENT. IF IN-PERSON FAMILY TIME IS NOT REASONABLY18
	271	+	PRACTICABLE, THE CASEWORKER SHALL COMMUNICATE WITH THE19
	272	+	FACILITY OR JAIL REGARDING THE FACILITY 'S OR JAIL'S ABILITY TO20
	273	+	FACILITATE FAMILY TIME BETWEEN THE CHILD AND PARENT THROUGH21
	274	+	AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ARRANGE FOR22
	275	+	AVAILABLE VIRTUAL FAMILY TIME . THE COURT SHALL CONSIDER THE23
	276	+	PREFERENCES OF THE CHILD AND PARENT WHEN DETERMINING WHETHER24
	277	+	IN-PERSON FAMILY TIME SHOULD OCCUR . NOTHING IN THIS SUBSECTION25
	278	+	(1)(d) REQUIRES THE COURT TO ORDER FAMILY TIME IF A PROTECTION26
	279	+	ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE PARENT , OR IF27
	280	+	039
	281	+	-8- THE COURT DETERMINES THAT FAMILY TIME WOULD JEOPARDIZE THE1
	282	+	CHILD'S MENTAL, EMOTIONAL, OR PHYSICAL HEALTH. THE COURT SHALL2
	283	+	NOT DETERMINE THAT FAMILY TIME IS NOT IN THE CHILD'S BEST INTERESTS3
	284	+	BASED SOLELY ON THE FACT THAT IN-PERSON FAMILY TIME WOULD OCCUR4
	285	+	IN A FACILITY OR JAIL; AND5
	286	+	(C) C
	287	+	OMMUNICATING WITH THE FACILITY 'S OR JAIL'S DESIGNEE.
	288	+	6
268	289		(II) T
269		-	HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO
270		-	COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION
271		-	(1)(f).
272		-	SECTION 6. In Colorado Revised Statutes, 19-3-508, amend
273		-	(1)(e)(I); and add (1)(e)(III) as follows:
274		-	19-3-508. Neglected or dependent child - disposition -
275		-	concurrent planning - definition. (1) When a child has been adjudicated
276		-	to be neglected or dependent, the court may enter a decree of disposition the
277		-	same day, but in any event it shall do so within forty-five days unless the
278		-	court finds that the best interests of the child will be served by granting a
279		-	delay. In a county designated pursuant to section 19-1-123, if the child is
280		-	under six years of age at the time a petition is filed in accordance with
281		-	section 19-3-501 (2), the court shall enter a decree of disposition within
282		-	PAGE 6-SENATE BILL 23-039 thirty days after the adjudication and shall not grant a delay unless good
283		-	cause is shown and unless the court finds that the best interests of the child
284		-	will be served by granting the delay. It is the intent of the general assembly
285		-	that the dispositional hearing be held on the same day as the adjudicatory
286		-	hearing, whenever possible. If a delay is granted, the court shall set forth the
287		-	reasons why a delay is necessary and the minimum amount of time needed
288		-	to resolve the reasons for the delay and shall schedule the hearing at the
289		-	earliest possible time following the delay. When the proposed disposition
290		-	is termination of the parent-child legal relationship, the hearing on
291		-	termination must not be held on the same date as the adjudication, and the
292		-	time limits set forth above for dispositional hearings do not apply. When the
293		-	proposed disposition is termination of the parent-child legal relationship,
294		-	the court may continue the dispositional hearing to the earliest available
295		-	date for a hearing in accordance with the provisions of subsection (3)(a) of
296		-	this section and part 6 of this article 3. When the decree does not terminate
297		-	the parent-child legal relationship, the court shall approve an appropriate
298		-	treatment plan that must include but not be limited to one or more of the
299		-	following provisions of subsections (1)(a) to (1)(d) of this section:
300		-	(e) (I) Except where the proposed disposition is termination of the
	290	+	HE DEPARTMENT MAY PROMULGATE RULES NECESSARY TO7
	291	+	COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION (1)(d)
	292	+	.8
	293	+	SECTION 6. In Colorado Revised Statutes, 19-3-508, amend9
	294	+	(1)(e)(I); and add (1)(e)(III) as follows:10
	295	+	19-3-508. Neglected or dependent child - disposition -11
	296	+	concurrent planning - definition. (1) When a child has been12
	297	+	adjudicated to be neglected or dependent, the court may enter a decree of13
	298	+	disposition the same day, but in any event it shall do so within forty-five14
	299	+	days unless the court finds that the best interests of the child will be15
	300	+	served by granting a delay. In a county designated pursuant to section16
	301	+	19-1-123, if the child is under six years of age at the time a petition is17
	302	+	filed in accordance with section 19-3-501 (2), the court shall enter a18
	303	+	decree of disposition within thirty days after the adjudication and shall not19
	304	+	grant a delay unless good cause is shown and unless the court finds that20
	305	+	the best interests of the child will be served by granting the delay. It is the21
	306	+	intent of the general assembly that the dispositional hearing be held on the22
	307	+	same day as the adjudicatory hearing, whenever possible. If a delay is23
	308	+	granted, the court shall set forth the reasons why a delay is necessary and24
	309	+	the minimum amount of time needed to resolve the reasons for the delay25
	310	+	and shall schedule the hearing at the earliest possible time following the26
	311	+	delay. When the proposed disposition is termination of the parent-child27
	312	+	039
	313	+	-9- legal relationship, the hearing on termination must not be held on the1
	314	+	same date as the adjudication, and the time limits set forth above for2
	315	+	dispositional hearings do not apply. When the proposed disposition is3
	316	+	termination of the parent-child legal relationship, the court may continue4
	317	+	the dispositional hearing to the earliest available date for a hearing in5
	318	+	accordance with the provisions of subsection (3)(a) of this section and6
	319	+	part 6 of this article 3. When the decree does not terminate the7
	320	+	parent-child legal relationship, the court shall approve an appropriate8
	321	+	treatment plan that must include but not be limited to one or more of the9
	322	+	following provisions of subsections (1)(a) to (1)(d) of this section:10
	323	+	(e) (I) Except where the proposed disposition is termination of the11
301	324		parent-child legal relationship,
302	325		THE CASEWORKER ASSIGNED TO THE CASE
303		-	~~SHALL SUBMIT AN APPROPRIATE TREATMENT PLAN AND~~
304		-	the court ~~shall~~
305		-	approve an appropriate treatment plan involving the child named and ~~each~~
	326	+	12
	327	+	SHALL SUBMIT AN APPROPRIATE TREATMENT PLAN AND the court shall13
	328	+	approve an appropriate treatment plan involving the child named and each14
306	329		respondent named and served in the action. I
307	330		F A CHILD'S PARENT IS
308		-	INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY
309		-	, A PRIVATE
310		-	CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF
311		-	CORRECTIONS
312		-	, OR A JAIL, THE CASEWORKER ASSIGNED TO THE CASE , UPON
313		-	KNOWLEDGE OF THE INCARCERATION
314		-	, SHALL INCLUDE INFORMATION IN THE
315		-	REPORT THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A
316		-	PARENT AT THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR
317		-	THE CASEWORKER
318		-	'S EFFORTS TO OBTAIN THAT INFORMATION . THE COUNTY
319		-	DEPARTMENT SHALL COMMUNICATE WITH THE FACILITY OR JAIL WHERE THE
320		-	PARENT IS INCARCERATED REGARDING THE REQUIREMENTS OF THE
321		-	COURT
322		-	-ORDERED TREATMENT PLAN . However, the court may find that an
323		-	appropriate treatment plan cannot be devised as to a particular respondent
324		-	because the child has been abandoned as set forth in section 19-3-604 (1)(a)
325		-	and the parents cannot be located, or because the child has been adjudicated
326		-	as neglected or dependent based upon section 19-3-102 (2), or due to the
327		-	unfitness of the parents as set forth in section 19-3-604 (1)(b). When the
328		-	court finds that an appropriate treatment plan cannot be devised, the court
329		-	PAGE 7-SENATE BILL 23-039 shall conduct a permanency hearing as set forth in section 19-3-702 (1),
330		-	unless a motion for termination of parental rights has been filed within
331		-	thirty days after the court's finding.
332		-	(III) I
333		-	F, AFTER THE DISPOSITIONAL HEARING, THE CHILD'S PARENT
334		-	BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF
335		-	CORRECTIONS FACILITY
336		-	, A PRIVATE CORRECTIONAL FACILITY UNDER
337		-	CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
338		-	, OR A JAIL FOR MORE
339		-	THAN THIRTY
340		-	-FIVE DAYS, THEN THE CASEWORKER ASSIGNED TO THE CASE ,
341		-	UPON KNOWLEDGE OF INCARCERATION , SHALL PROVIDE INFORMATION THAT
342		-	DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A PARENT AT THE
343		-	FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR THE
344		-	CASEWORKER
345		-	'S EFFORTS TO OBTAIN THE INFORMATION AT THE NEXT
346		-	SCHEDULED COURT HEARING
347		-	.
348		-	SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal
349		-	(1)(b)(III) as follows:
350		-	19-3-604. Criteria for termination. (1) The court may order a
351		-	termination of the parent-child legal relationship upon the finding by clear
352		-	and convincing evidence of any one of the following:
353		-	(b) That the child is adjudicated dependent or neglected and the
354		-	court finds that an appropriate treatment plan cannot be devised to address
355		-	the unfitness of the parent or parents. In making such a determination, the
356		-	court shall find one of the following as the basis for unfitness:
357		-	(III) Long-term confinement of the parent of such duration that the
358		-	parent is not eligible for parole for at least six years after the date the child
359		-	was adjudicated dependent or neglected or, in a county designated pursuant
360		-	to section 19-1-123, if the child is under six years of age at the time a
361		-	petition is filed in accordance with section 19-3-501 (2), the long-term
362		-	confinement of the parent of such duration that the parent is not eligible for
363		-	parole for at least thirty-six months after the date the child was adjudicated
364		-	dependent or neglected and the court has found by clear and convincing
365		-	evidence that no appropriate treatment plan can be devised to address the
366		-	unfitness of the parent or parents;
367		-	SECTION 8. In Colorado Revised Statutes, 19-3-702, amend
368		-	(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) and (7) as follows:
369		-	PAGE 8-SENATE BILL 23-039 19-3-702. Permanency hearing. (4) (e) If the court finds that there
370		-	is not a substantial probability that the child or youth will be returned to a
371		-	parent or legal guardian within six months and the child or youth appears
372		-	to be adoptable and meets the criteria for adoption in section 19-5-203, the
373		-	court may order the county department of human or social services to show
374		-	cause why it should not file a motion to terminate the parent-child legal
375		-	relationship pursuant to part 6 of this article 3. Cause may include, but is not
376		-	limited to, any of the following conditions:
377		-	(III) The child's foster parents are unable to adopt the child because
378		-	of exceptional circumstances that do not include an unwillingness to accept
379		-	legal responsibility for the child. The foster parents must be willing and
380		-	capable of providing the child with a stable and permanent environment,
381		-	and it must be shown that removal of the child from the physical custody of
382		-	his or her foster parents would be seriously detrimental to the emotional
383		-	well-being of the child. or
384		-	(IV) The criteria for termination in section 19-3-604 have not yet
	331	+	15
	332	+	INCARCERATED IN A DEPARTMENT OF CORRECTIONS FACILITY , A PRIVATE16
	333	+	CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT OF17
	334	+	CORRECTIONS, OR A JAIL, THE CASEWORKER ASSIGNED TO THE CASE , UPON18
	335	+	KNOWLEDGE OF THE INCARCERATION , SHALL INCLUDE INFORMATION IN19
	336	+	THE REPORT THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO20
	337	+	A PARENT AT THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED21
	338	+	OR THE CASEWORKER 'S EFFORTS TO OBTAIN THAT INFORMATION . THE22
	339	+	COUNTY DEPARTMENT SHALL COMMUNICATE WITH THE FACILITY OR JAIL23
	340	+	WHERE THE PARENT IS INCARCERATED REGARDING THE REQUIREMENTS OF24
	341	+	THE COURT-ORDERED TREATMENT PLAN . However, the court may find that25
	342	+	an appropriate treatment plan cannot be devised as to a particular26
	343	+	respondent because the child has been abandoned as set forth in section27
	344	+	039
	345	+	-10- 19-3-604 (1)(a) and the parents cannot be located, or because the child1
	346	+	has been adjudicated as neglected or dependent based upon section2
	347	+	19-3-102 (2), or due to the unfitness of the parents as set forth in section3
	348	+	19-3-604 (1)(b). When the court finds that an appropriate treatment plan4
	349	+	cannot be devised, the court shall conduct a permanency hearing as set5
	350	+	forth in section 19-3-702 (1), unless a motion for termination of parental6
	351	+	rights has been filed within thirty days after the court's finding. 7
	352	+	(III) IF, AFTER THE DISPOSITIONAL HEARING , THE CHILD'S8
	353	+	PARENT BECOMES CONTINUOUSLY INCARCERATED IN A DEPARTMENT OF9
	354	+	CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER10
	355	+	CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL FOR MORE11
	356	+	THAN THIRTY-FIVE DAYS, THEN THE CASEWORKER ASSIGNED TO THE CASE ,12
	357	+	UPON KNOWLEDGE OF INCARCERATION , SHALL PROVIDE INFORMATION13
	358	+	THAT DETAILS THE SERVICES AND TREATMENT AVAILABLE TO A PARENT AT14
	359	+	THE FACILITY OR JAIL WHERE THE PARENT IS INCARCERATED OR THE15
	360	+	CASEWORKER'S EFFORTS TO OBTAIN THE INFORMATION AT THE NEXT16
	361	+	SCHEDULED COURT HEARING . 17
	362	+	SECTION 7. In Colorado Revised Statutes, 19-3-604, repeal18
	363	+	(1)(b)(III) as follows:19
	364	+	19-3-604. Criteria for termination. (1) The court may order a20
	365	+	termination of the parent-child legal relationship upon the finding by clear21
	366	+	and convincing evidence of any one of the following:22
	367	+	(b) That the child is adjudicated dependent or neglected and the23
	368	+	court finds that an appropriate treatment plan cannot be devised to24
	369	+	address the unfitness of the parent or parents. In making such a25
	370	+	determination, the court shall find one of the following as the basis for26
	371	+	unfitness:27
	372	+	039
	373	+	-11- (III) Long-term confinement of the parent of such duration that1
	374	+	the parent is not eligible for parole for at least six years after the date the2
	375	+	child was adjudicated dependent or neglected or, in a county designated3
	376	+	pursuant to section 19-1-123, if the child is under six years of age at the4
	377	+	time a petition is filed in accordance with section 19-3-501 (2), the5
	378	+	long-term confinement of the parent of such duration that the parent is not6
	379	+	eligible for parole for at least thirty-six months after the date the child7
	380	+	was adjudicated dependent or neglected and the court has found by clear8
	381	+	and convincing evidence that no appropriate treatment plan can be9
	382	+	devised to address the unfitness of the parent or parents;10
	383	+	11
	384	+	SECTION 8. In Colorado Revised Statutes, 19-3-702, amend12
	385	+	(4)(e)(III) and (4)(e)(IV); and add (4)(e)(V) and (7) as follows:13
	386	+	19-3-702. Permanency hearing. (4) (e) If the court finds that14
	387	+	there is not a substantial probability that the child or youth will be15
	388	+	returned to a parent or legal guardian within six months and the child or16
	389	+	youth appears to be adoptable and meets the criteria for adoption in17
	390	+	section 19-5-203, the court may order the county department of human or18
	391	+	social services to show cause why it should not file a motion to terminate19
	392	+	the parent-child legal relationship pursuant to part 6 of this article 3.20
	393	+	Cause may include, but is not limited to, any of the following conditions:21
	394	+	(III) The child's foster parents are unable to adopt the child22
	395	+	because of exceptional circumstances that do not include an23
	396	+	unwillingness to accept legal responsibility for the child. The foster24
	397	+	parents must be willing and capable of providing the child with a stable25
	398	+	and permanent environment, and it must be shown that removal of the26
	399	+	child from the physical custody of his or her foster parents would be27
	400	+	039
	401	+	-12- seriously detrimental to the emotional well-being of the child. or1
	402	+	(IV) The criteria for termination in section 19-3-604 have not yet2
385	403		been met;
386		-	OR
387		-	(V) IF THE PARENT:
	404	+	OR3
	405	+	(V) I
	406	+	F THE PARENT:4
388	407		(A) I
389		-	S INCARCERATED IN A DEPARTMENT OF ~~CORRECTIONS FACILITY ,~~
390		-	A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT ~~WITH THE~~
391		-	DEPARTMENT OF CORRECTIONS
392		-	~~, OR A JAIL; DETAINED BY THE UNITED STATES~~
393		-	DEPARTMENT OF HOMELAND SECURITY
394		-	~~; OR DEPORTED; AND~~
395		-	~~(B) HAS~~ A MEANINGFUL AND SAFE RELATIONSHIP WITH THE ~~CHILD OR~~
396		-	YOUTH WHILE INCARCERATED
397		-	~~, DETAINED,~~ ~~OR DEPORTED.~~
	408	+	S INCARCERATED IN A DEPARTMENT OF CORRECTIONS5
	409	+	FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH6
	410	+	THE DEPARTMENT OF CORRECTIONS , OR A JAIL; DETAINED BY THE UNITED7
	411	+	S
	412	+	TATES DEPARTMENT OF HOMELAND SECURITY ; OR DEPORTED; AND8
	413	+	(B) H
	414	+	AS A MEANINGFUL AND SAFE RELATIONSHIP WITH THE CHILD9
	415	+	OR YOUTH WHILE INCARCERATED , DETAINED, OR DEPORTED.
	416	+	10
398	417		(7) (a) I
399		-	F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT OF
400		-	CORRECTIONS FACILITY
401		-	, A PRIVATE CORRECTIONAL FACILITY UNDER
402		-	CONTRACT WITH THE DEPARTMENT OF CORRECTIONS
403		-	, OR A JAIL, AND THE
404		-	PARENT HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH THE
405		-	CHILD WHILE INCARCERATED
406		-	, THE COURT SHALL MAKE FINDINGS REGARDING
407		-	WHETHER A PERMANENT PLACEMENT FOR THE CHILD EXISTS THAT PERMITS
408		-	THE PARENT TO MAINTAIN A RELATIONSHIP WITH THE CHILD
409		-	, INCLUDING
410		-	GUARDIANSHIP OR ALLOCATION OF PARENTAL RESPONSIBILITIES
411		-	, GIVING
412		-	PRIMARY CONSIDERATION TO THE CHILD
413		-	'S MENTAL, PHYSICAL, AND
414		-	EMOTIONAL NEEDS
415		-	. IF THE PROPOSED PERMANENT PLACEMENT WOULD
416		-	PAGE 9-SENATE BILL 23-039 REQUIRE THE CHILD TO TRANSFER TO ANOTHER PLACEMENT , THE COURT
417		-	SHALL CONSIDER THE FACTORS IN SUBSECTION
418		-	(6) OF THIS SECTION IN
419		-	MAKING ITS DETERMINATION
420		-	.
	418	+	F A CHILD'S PARENT IS INCARCERATED IN A DEPARTMENT
	419	+	11
	420	+	OF CORRECTIONS FACILITY, A PRIVATE CORRECTIONAL FACILITY UNDER12
	421	+	CONTRACT WITH THE DEPARTMENT OF CORRECTIONS , OR A JAIL, AND THE13
	422	+	PARENT HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP WITH14
	423	+	THE CHILD WHILE INCARCERATED , THE COURT SHALL MAKE FINDINGS15
	424	+	REGARDING WHETHER A PERMANENT PLACEMENT FOR THE CHILD EXISTS16
	425	+	THAT PERMITS THE PARENT TO MAINTAIN A RELATIONSHIP WITH THE17
	426	+	CHILD, INCLUDING GUARDIANSHIP OR ALLOCATION OF PARENTAL18
	427	+	RESPONSIBILITIES, GIVING PRIMARY CONSIDERATION TO THE CHILD 'S19
	428	+	MENTAL, PHYSICAL, AND EMOTIONAL NEEDS . IF THE PROPOSED20
	429	+	PERMANENT PLACEMENT WOULD REQUIRE THE CHILD TO TRANSFER TO21
	430	+	ANOTHER PLACEMENT , THE COURT SHALL CONSIDER THE FACTORS IN22
	431	+	SUBSECTION (6) OF THIS SECTION IN MAKING ITS DETERMINATION.23
421	432		(b) I
422	433		N MAKING A DETERMINATION WHETHER THE PARENT WHO IS
423		-	INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP
424		-	WITH THE CHILD
425		-	, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE
426		-	CHILD
427		-	'S MENTAL, EMOTIONAL, AND PHYSICAL NEEDS, AND WHETHER THE
428		-	INVOLVEMENT OF THE PARENT WHO IS INCARCERATED IN THE CHILD
429		-	'S LIFE
430		-	SERVES THE CHILD
431		-	'S BEST INTERESTS. THE COURT SHALL NOT FIND THAT THE
432		-	PARENT
433		-	'S INCARCERATION IS THE SOLE REASON THAT A RELATIONSHIP WITH
434		-	THE PARENT IS NOT IN THE CHILD
435		-	'S BEST INTERESTS, AND SHALL CONSIDER
436		-	THE PARENT
437		-	'S EFFORTS TO COMPLY WITH THE TREATMENT PLAN UNDER THE
438		-	CIRCUMSTANCES OF INCARCERATION
439		-	.
440		-	SECTION 9. In Colorado Revised Statutes, 16-11-102, amend (4);
441		-	and add (1.2) as follows:
	434	+	24
	435	+	INCARCERATED HAS MAINTAINED A MEANINGFUL AND SAFE RELATIONSHIP25
	436	+	WITH THE CHILD, THE COURT SHALL GIVE PRIMARY CONSIDERATION TO THE26
	437	+	CHILD'S MENTAL, EMOTIONAL, AND PHYSICAL NEEDS, AND WHETHER THE27
	438	+	039
	439	+	-13- INVOLVEMENT OF THE PARENT WHO IS INCARCERATED IN THE CHILD 'S LIFE1
	440	+	SERVES THE CHILD'S BEST INTERESTS. THE COURT SHALL NOT FIND THAT2
	441	+	THE PARENT'S INCARCERATION IS THE SOLE REASON THAT A RELATIONSHIP3
	442	+	WITH THE PARENT IS NOT IN THE CHILD 'S BEST INTERESTS, AND SHALL4
	443	+	CONSIDER THE PARENT'S EFFORTS TO COMPLY WITH THE TREATMENT PLAN5
	444	+	UNDER THE CIRCUMSTANCES OF INCARCERATION .6
	445	+	SECTION 9. In Colorado Revised Statutes, 16-11-102, amend7
	446	+	(4); and add (1.2) as follows:8
442	447		16-11-102. Presentence or probation investigation. (1.2) E
443		-	ACH
444		-	PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER
445		-	THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT
446		-	PROCEEDING PURSUANT TO ARTICLE
447		-	3 OF TITLE 19.
448		-	(4) The court, with the concurrence of the defendant and the
449		-	prosecuting attorney, may dispense with the presentence examination and
450		-	report; except that the information required by section 18-1.3-603 (2) C.R.S.
451		-	AND SUBSECTION (1.2) OF THIS SECTION and a victim impact statement shall
452		-	MUST be made in every case. The amount of restitution shall MUST be
453		-	ordered pursuant to section 18-1.3-603 C.R.S., and article 18.5 of this title
454		-	TITLE 16 and endorsed upon the mittimus. THE INFORMATION REQUIRED
455		-	PURSUANT TO SUBSECTION
456		-	(1.2) OF THIS SECTION MUST BE INCLUDED ON THE
457		-	MITTIMUS
458		-	.
459		-	SECTION 10. In Colorado Revised Statutes, add 17-42-105 as
460		-	follows:
461		-	17-42-105. Incarcerated parents - notification to court -
462		-	mittimus - family services coordinator - report - policies.
	448	+	ACH9
	449	+	PRESENTENCE REPORT MUST INCLUDE INFORMATION INDICATING WHETHER10
	450	+	THE PERSON IS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT11
	451	+	PROCEEDING PURSUANT TO ARTICLE 3 OF TITLE 19.12
	452	+	(4) The court, with the concurrence of the defendant and the13
	453	+	prosecuting attorney, may dispense with the presentence examination and14
	454	+	report; except that the information required by section 18-1.3-603 (2)15
	455	+	C.R.S.
	456	+	AND SUBSECTION (1.2) OF THIS SECTION and a victim impact16
	457	+	statement shall MUST be made in every case. The amount of restitution17
	458	+	shall MUST be ordered pursuant to section 18-1.3-603 C.R.S., and article18
	459	+	18.5 of this title TITLE 16 and endorsed upon the mittimus. THE19
	460	+	INFORMATION REQUIRED PURSUANT TO SUBSECTION (1.2) OF THIS SECTION20
	461	+	MUST BE INCLUDED ON THE MITTIMUS .21
	462	+	SECTION 10. In Colorado Revised Statutes, add 17-42-105 as22
	463	+	follows:23
	464	+	17-42-105. Incarcerated parents - notification to court -24
	465	+	mittimus - family services coordinator - report - policies.25
463	466		(1) (a) P
464		-	URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF THE
465		-	FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL
466		-	, WHEN
467		-	PAGE 10-SENATE BILL 23-039 POSSIBLE, INFORM THE COURT NOT LESS THAN SEVENTY -TWO HOURS PRIOR
468		-	TO A DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE
469		-	TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING
470		-	. A
471		-	REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS
472		-	INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES
473		-	TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS
474		-	PRACTICABLE
475		-	.
	467	+	URSUANT TO SECTION 19-3-502 (5.5)(c), A REPRESENTATIVE OF26
	468	+	THE FACILITY WHERE THE RESPONDENT IS INCARCERATED SHALL , WHEN
	469	+	27
	470	+	039
	471	+	-14- POSSIBLE, INFORM THE COURT NOT LESS THAN SEVENTY-TWO HOURS PRIOR1
	472	+	TO A DEPENDENCY AND NEGLECT PROCEEDING IF IT CANNOT FACILITATE2
	473	+	TRANSPORTATION OF THE RESPONDENT TO A PROCEEDING . A3
	474	+	REPRESENTATIVE OF THE FACILITY WHERE THE RESPONDENT IS4
	475	+	INCARCERATED SHALL INFORM THE COURT IF THE RESPONDENT REFUSES5
	476	+	TRANSPORTATION AND THE CIRCUMSTANCES OF THE REFUSAL AS SOON AS6
	477	+	PRACTICABLE.7
476	478		(b) I
477		-	F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED
478		-	CANNOT FACILITATE TRANSPORTATION OF THE RESPONDENT TO A HEARING
479		-	PURSUANT TO SECTION
480		-	19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY
481		-	REASONABLE EFFORT TO FACILITATE THE RESPONDENT
482		-	'S PARTICIPATION AT
483		-	THE HEARING THROUGH AUDIO
484		-	-VISUAL COMMUNICATION TECHNOLOGY , SO
485		-	LONG AS THE REQUIREMENTS PURSUANT TO SECTION
486		-	19-3-502 (5.5)(b)(I)
	479	+	F THE FACILITY WHERE THE RESPONDENT IS INCARCERATED8
	480	+	CANNOT FACILITATE TRANSPORTATION OF THE RESP ONDENT TO A HEARING9
	481	+	PURSUANT TO SECTION 19-3-502 (5.5), THE FACILITY SHALL MAKE EVERY10
	482	+	REASONABLE EFFORT TO FACILITATE THE RESPONDENT 'S PARTICIPATION11
	483	+	AT THE HEARING THROUGH AUDIO -VISUAL COMMUNICATION TECHNOLOGY ,
	484	+	12
	485	+	SO LONG AS THE REQUIREMENTS PURSUANT TO SECTION 19-3-50213
	486	+	(5.5)(b)(I)
487	487		ARE SATISFIED.
	488	+	14
488	489		(2) I
489		-	F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING
490		-	THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN
491		-	DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE
492		-	3 OF TITLE
493		-	19, THE DEPARTMENT SHALL:
	490	+	F A PERSON'S MITTIMUS CONTAINS INFORMATION INDICATING15
	491	+	THAT THE PERSON IS A PARENT TO A CHILD AND IS A PARTY TO AN OPEN16
	492	+	DEPENDENCY AND NEGLECT PROCEEDING PURSUANT TO ARTICLE 3 OF17
	493	+	TITLE 19, THE DEPARTMENT SHALL:18
494	494		(a) C
495		-	ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY
496		-	THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY
497		-	BETWEEN THE CHILD AND PARENT
498		-	, UNLESS THE COURT DETERMINES THAT
499		-	FAMILY TIME DOES NOT SERVE THE CHILD
500		-	'S BEST INTERESTS, OR A
501		-	PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE
502		-	PARENT
503		-	; AND
504		-	(b) NOTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES WHERE
505		-	THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION OF THE
506		-	PARENT
507		-	'S CORRECTIONAL FACILITY AND THE CONTACT INFORMATION FOR
508		-	THE DESIGNATED INDIVIDUAL WITHIN THE LEGAL SERVICES UNIT NOT LATER
509		-	THAN FOURTEEN DAYS AFTER THE PARENT
510		-	'S ARRIVAL AT THE FACILITY.
	495	+	ONSIDER PLACING THE PERSON IN A CORRECTIONAL FACILITY19
	496	+	THAT FACILITATES OPPORTUNITIES FOR FAMILY TIME AT THE FACILITY20
	497	+	BETWEEN THE CHILD AND PARENT , UNLESS THE COURT DETERMINES THAT21
	498	+	FAMILY TIME DOES NOT SERVE THE CHILD 'S BEST INTERESTS, OR A22
	499	+	PROTECTION ORDER PROHIBITS CONTACT BETWEEN THE CHILD AND THE23
	500	+	PARENT; AND24
	501	+	(b) N
	502	+	OTIFY THE COUNTY DEPARTMENT OF HUMAN SERVICES25
	503	+	WHERE THE DEPENDENCY AND NEGLECT CASE IS FILED OF THE LOCATION26
	504	+	OF THE PARENT 'S CORRECTIONAL FACILITY AND THE CONTACT27
	505	+	039
	506	+	-15- INFORMATION FOR THE DESIGNATED INDIVIDUAL WITHIN THE LEGAL1
	507	+	SERVICES UNIT NOT LATER THAN FOURTEEN DAYS AFTER THE PARENT 'S2
	508	+	ARRIVAL AT THE FACILITY.3
511	509		(3) T
512		-	HE DEPARTMENT SHALL ENSURE CHILDREN AND PARENTS HAVE
513		-	ACCESS TO OPPORTUNITIES THAT FACILITATE CONTINUED RELATIONSHIPS
514		-	BETWEEN CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED
515		-	,
516		-	REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN A DEPENDENCY AND
517		-	NEGLECT PROCEEDING
518		-	. THE OPPORTUNITIES MUST INCLUDE:
519		-	PAGE 11-SENATE BILL 23-039 (a) EVENTS AT THE FACILITY THAT ARE CHILD -FOCUSED AND ARE
520		-	PUBLICIZED PRIOR TO THE EVENT
521		-	;
	510	+	HE DEPARTMENT SHALL ENSURE CHILDREN AND PARENTS
	511	+	4
	512	+	HAVE ACCESS TO OPPORTUNITIES THAT FACILITATE CONTINUED5
	513	+	RELATIONSHIPS BETWEEN CHILDREN AND THEIR PARENTS WHO ARE6
	514	+	INCARCERATED, REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN A7
	515	+	DEPENDENCY AND NEGLECT PROCEEDING . THE OPPORTUNITIES MUST8
	516	+	INCLUDE:9
	517	+	(a) E
	518	+	VENTS
	519	+	AT THE FACILITY THAT ARE CHILD-FOCUSED AND ARE10
	520	+	PUBLICIZED PRIOR TO THE EVENT;11
522	521		(b) F
523		-	ACILITATING ACCESS TO TREATMENT AND SERVICES TO
524		-	COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A
525		-	PENDING DEPENDENCY AND NEGLECT PROCEEDING
526		-	; AND
527		-	(c) FACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE IN
528		-	THE PARENT
529		-	'S CHILD'S LIFE THROUGH AUDIO -VISUAL COMMUNICATION
530		-	TECHNOLOGY
531		-	, INCLUDING SCHOOL CONFERENCES, MEDICAL CONSULTATIONS,
532		-	AND CELEBRATIONS.
	522	+	ACILITATING ACCESS TO TREATMENT AND SERVICES TO12
	523	+	COMPLETE ANY TREATMENT PLAN FOR A PARENT WHO IS A PARTY TO A13
	524	+	PENDING DEPENDENCY AND NEGLECT PROCEEDING ; AND14
	525	+	(c) F
	526	+	ACILITATING OPPORTUNITIES FOR A PARENT TO PARTICIPATE15
	527	+	IN THE PARENT'S CHILD'S LIFE THROUGH AUDIO-VISUAL COMMUNICATION16
	528	+	TECHNOLOGY, INCLUDING SCHOOL CONFERENCES , MEDICAL17
	529	+	CONSULTATIONS, AND CELEBRATIONS.18
533	530		(4) T
534		-	HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE INDIVIDUAL
535		-	WITHIN THE LEGAL SERVICES UNIT TO ASSIST IN FAMILY SERVICES
536		-	COORDINATION
537		-	. THE INDIVIDUAL'S DUTIES INCLUDE THE COORDINATION AND
538		-	SUPERVISION OF THE OPPORTUNITIES DESCRIBED IN SUBSECTION
539		-	(3) OF THIS
540		-	SECTION
541		-	, AND SERVING AS A LIAISON BETWEEN THE DEPARTMENT , SHERIFFS,
542		-	STATE AND COUNTY DEPARTMENTS OF HUMAN SERVICES , AND AGENCIES
543		-	CONCERNING MATTERS RELATED TO CHILDREN AND THEIR PARENTS WHO ARE
544		-	INCARCERATED
545		-	.
	531	+	HE DEPARTMENT SHALL DESIGNATE AT LEAST ONE19
	532	+	INDIVIDUAL WITHIN THE LEGAL SERVICES UNIT TO ASSIST IN FAMILY
	533	+	20
	534	+	SERVICES COORDINATION . THE INDIVIDUAL'S DUTIES INCLUDE THE21
	535	+	COORDINATION AND SUPERVISION OF THE OPPORTUNITIES DESCRIBED IN22
	536	+	SUBSECTION (3) OF THIS SECTION, AND SERVING AS A LIAISON BETWEEN23
	537	+	THE DEPARTMENT, SHERIFFS, STATE AND COUNTY DEPARTMENTS OF24
	538	+	HUMAN SERVICES, AND AGENCIES CONCERNING MATTERS RELATED TO25
	539	+	CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED .26
546	540		(5) (a) O
547		-	N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH
548		-	1 EACH YEAR THEREAFTER, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
549		-	SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF THE SENATE
550		-	AND HOUSE OF REPRESENTATIVES
551		-	, OR ANY SUCCESSOR COMMITTEES ,
552		-	CONCERNING PARENTS WHO ARE INCARCERATED . THE DEPARTMENT SHALL
553		-	COOPERATE WITH THE STATE DEPARTMENT OF HUMAN SERVICES
554		-	, COUNTY
555		-	DEPARTMENTS OF HUMAN SERVICES
556		-	, AND SHERIFFS AS NECESSARY TO
557		-	IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT
558		-	. AT A MINIMUM, THE
559		-	REPORT MUST SPECIFY PERSONS INCARCERATED IN DEPARTMENT FACILITIES
560		-	,
561		-	PRIVATE CORRECTIONAL FACILITIES UNDER CONTRACT WITH THE
562		-	DEPARTMENT
563		-	, AND JAILS, DURING THE PRECEDING CALENDAR YEAR WHO
564		-	WERE A PARTY TO AN OPEN DEPENDENCY AND NEGLECT PROCEEDING
565		-	, IN
566		-	TOTAL AND DISAGGREGATED BY RACE OR ETHNICITY
567		-	, SEX, ANY KNOWN
568		-	DISABILITY
569		-	, AND AGE.
	541	+	N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH27
	542	+	039
	543	+	-16- 1 EACH YEAR THEREAFTER , THE EXECUTIVE DIRECTOR OF THE1
	544	+	DEPARTMENT SHALL SUBMIT A REPORT TO THE JUDICIARY COMMITTEES OF2
	545	+	THE SENATE AND HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR3
	546	+	COMMITTEES, CONCERNING PARENTS WHO ARE INCARCERATED . THE4
	547	+	DEPARTMENT SHALL COOPERATE WITH THE STATE DEPARTMENT OF HUMAN5
	548	+	SERVICES, COUNTY DEPARTMENTS OF HUMAN SERVICES , AND SHERIFFS AS6
	549	+	NECESSARY TO IDENTIFY THE INFORMATION REQUIRED FOR THE REPORT .7
	550	+	A
	551	+	T A MINIMUM, THE REPORT MUST SPECIFY PERSONS INCARCERATED IN8
	552	+	DEPARTMENT FACILITIES, PRIVATE CORRECTIONAL FACILITIES UNDER9
	553	+	CONTRACT WITH THE DEPARTMENT , AND JAILS, DURING THE PRECEDING10
	554	+	CALENDAR YEAR WHO WERE A PARTY TO AN OPEN DEPENDENCY AND11
	555	+	NEGLECT PROCEEDING, IN TOTAL AND DISAGGREGATED BY RACE OR12
	556	+	ETHNICITY, SEX, ANY KNOWN DISABILITY, AND AGE.13
570	557		(b) O
571		-	N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 1
572		-	EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT
573		-	PUBLICLY AVAILABLE ON ITS WEBSITE
574		-	.
575		-	PAGE 12-SENATE BILL 23-039 (c) THE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT
576		-	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND
577		-	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS
578		-	'
579		-	INFORMATION.
	558	+	N OR BEFORE MARCH 1, 2024, AND ON OR BEFORE MARCH 114
	559	+	EACH YEAR THEREAFTER , THE DEPARTMENT SHALL MAKE THE REPORT15
	560	+	PUBLICLY AVAILABLE ON ITS WEBSITE.16
	561	+	(c) T
	562	+	HE DEPARTMENT SHALL ENSURE THE REPORT DOES NOT17
	563	+	DISCLOSE ANY INFORMATION IN VIOLATION OF APPLICABLE STATE AND18
	564	+	FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INDIVIDUALS '19
	565	+	INFORMATION.20
580	566		(d) N
581		-	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-~~136~~
	567	+	OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13621
582	568		(11)(a)(I),
583		-	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
584		-	SUBSECTION
585		-	(5) CONTINUES INDEFINITELY.
	569	+	THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS22
	570	+	SUBSECTION (5) CONTINUES INDEFINITELY.23
586	571		(6) T
587	572		HE DEPARTMENT SHALL ENSURE THAT DEPARTMENTAL
588		-	~~POLICIES~~
589		-	:
	573	+	24
	574	+	POLICIES:25
590	575		(a) F
591		-	ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN
592		-	CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A DEPARTMENT
593		-	FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER CONTRACT WITH
594		-	THE DEPARTMENT
595		-	, REGARDLESS OF WHETHER THEY ARE A RESPONDENT IN
596		-	A DEPENDENCY AND NEGLECT PROCEEDING
597		-	. THE POLICIES MUST INCLUDE
598		-	THE PROVISION OF ACCESS TO A TELEPHONE AND AUDIO
599		-	-VISUAL
600		-	COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL SPACE AND
601		-	RESOURCES FOR IN
602		-	-PERSON FAMILY TIME. THE PURPOSE OF THE POLICIES IS
603		-	TO NORMALIZE
604		-	, TO THE EXTENT POSSIBLE , THE CHILD AND PARENT
605		-	RELATIONSHIP
606		-	, TO AID AND ENCOURAGE HEALTHY CHILD DEVELOPMENT ,
607		-	AND REDUCE RECIDIVISM AND INTERGENERATIONAL INCARCERATION . THE
608		-	POLICIES MUST CONSIDER THE BENEFITS TO THE CHILD THROUGH
609		-	MAINTAINING CONTACT WITH THE CHILD
610		-	'S PARENT AND THE PARENT 'S
611		-	WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL RELATIONSHIP WITH
612		-	THE CHILD
613		-	, AND ASSIST IN THE REUNIFICATION OF THE CHILD AND PARENT ,
614		-	WHEN APPROPRIATE. THE POLICIES MUST PRIORITIZE ACCESS TO SERVICES
615		-	PROVIDED BY THE DEPARTMENT FOR PARENTS WITH OPEN DEPENDENCY AND
616		-	NEGLECT CASES
617		-	; AND
618		-	(b) ARE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS
619		-	SECTION
620		-	.
	576	+	ACILITATE COMMUNICATION AND FAMILY TIME BETWEEN26
	577	+	CHILDREN AND THEIR PARENTS WHO ARE INCARCERATED IN A27
	578	+	039
	579	+	-17- DEPARTMENT FACILITY OR A PRIVATE CORRECTIONAL FACILITY UNDER1
	580	+	CONTRACT WITH THE DEPARTMENT , REGARDLESS OF WHETHER THEY ARE2
	581	+	A RESPONDENT IN A DEPENDENCY AND NEGLECT PROCEEDING . THE3
	582	+	POLICIES MUST INCLUDE THE PROVISION OF ACCESS TO A TELEPHONE AND4
	583	+	AUDIO-VISUAL COMMUNICATION TECHNOLOGY AND ACCESS TO PHYSICAL5
	584	+	SPACE AND RESOURCES FOR IN-PERSON FAMILY TIME. THE PURPOSE OF THE6
	585	+	POLICIES IS TO NORMALIZE, TO THE EXTENT POSSIBLE, THE CHILD AND7
	586	+	PARENT RELATIONSHIP, TO AID AND ENCOURAGE HEALTHY CHILD8
	587	+	DEVELOPMENT, AND REDUCE RECIDIVISM AND INTERGENERATIONAL9
	588	+	INCARCERATION. THE POLICIES MUST CONSIDER THE BENEFITS TO THE10
	589	+	CHILD THROUGH MAINTAINING CONTACT WITH THE CHILD 'S PARENT AND11
	590	+	THE PARENT'S WILLINGNESS AND DESIRE TO MAINTAIN A MEANINGFUL12
	591	+	RELATIONSHIP WITH THE CHILD, AND ASSIST IN THE REUNIFICATION OF THE13
	592	+	CHILD AND PARENT, WHEN APPROPRIATE. THE POLICIES MUST PRIORITIZE14
	593	+	ACCESS TO SERVICES PROVIDED BY THE DEPARTMENT FOR PARENTS WITH15
	594	+	OPEN DEPENDENCY AND NEGLECT CASES ; AND16
	595	+	(b) A
	596	+	RE NECESSARY TO COMPLY WITH THE REQUIREMENTS OF THIS17
	597	+	SECTION.18
621	598		SECTION 11. In Colorado Revised Statutes, add 30-10-528 as
622		-	follows:
623		-	30-10-528. Incarcerated parents - family services coordinator.
	599	+	19
	600	+	follows:20
	601	+	30-10-528. Incarcerated parents - family services coordinator.21
624	602		E
625		-	ACH SHERIFF SHALL DESIGNATE AT LEAST ONE INDIVIDUAL TO SERVE AS A
626		-	COMMUNICATION LIAISON BETWEEN THE COUNTY JAIL AND COUNTY
627		-	PAGE 13-SENATE BILL 23-039 DEPARTMENTS OF HUMAN SERVICES CONCERNING CHILDREN SUBJECT TO AN
628		-	OPEN DEPENDENCY AND NEGLECT CASE WHOSE PARENTS ARE INCARCERATED
629		-	IN THE JAIL FOR THE PURPOSE OF IMPROVING COMMUNICATION AND
630		-	ENSURING OPPORTUNITIES FOR FAMILY TIME
631		-	.
632		-	SECTION 12. Appropriation. (1) For the 2023-24 state fiscal
633		-	year, $31,110 is appropriated to the department of corrections. This
634		-	appropriation is from the general fund. To implement this act, the
635		-	department may use this appropriation as follows:
636		-	(a) $2,050 for use by institutions for start-up costs related to the
637		-	superintendents subprogram;
638		-	(b) $26,385 for use by support services for personal services related
639		-	to the business operations subprogram, which amount is based on an
640		-	assumption that the program will require an additional 0.4 FTE;
641		-	(c) $2,250 for use by support services for operating expenses related
642		-	to the business operations subprogram;
643		-	(d) $225 for use by support services for operating expenses related
644		-	to the communications subprogram; and
645		-	(e) $200 for use by support services for operating expenses related
646		-	to the information systems subprogram.
647		-	(2) For the 2023-24 state fiscal year, $15,111 is appropriated to the
648		-	department of human services for use by the division of child welfare. This
649		-	appropriation is from the general fund. To implement this act, the division
650		-	may use this appropriation as follows:
651		-	(a) $9,396 for administration; and
652		-	(b) $5,715 for Colorado TRAILS.
653		-	(3) For the 2023-24 state fiscal year, the general assembly
654		-	anticipates that the department of human services will receive $4,481 in
655		-	federal funds for use by the division of child welfare to implement this act,
656		-	which amount is subject to the "(I)" notation as defined in the annual
657		-	general appropriation act for the same fiscal year. The appropriation in
658		-	PAGE 14-SENATE BILL 23-039 subsection (2) of this section is based on the assumption that the division
659		-	will receive this amount of federal funds to be used as follows:
660		-	(a) $1,404 for administration; and
661		-	(b) $3,077 for Colorado TRAILS.
662		-	(4) For the 2023-24 state fiscal year, $7,425 is appropriated to the
663		-	judicial department for use by the trial courts. This appropriation is from the
664		-	general fund, and is based on an assumption that the department will require
665		-	an additional 0.1 FTE. To implement this act, the office may use this
666		-	appropriation for trial court programs.
667		-	SECTION 13. Effective date. This act takes effect January 1, 2024.
668		-	PAGE 15-SENATE BILL 23-039 SECTION 14. Safety clause. The general assembly hereby finds,
669		-	determines, and declares that this act is necessary for the immediate
670		-	preservation of the public peace, health, or safety.
671		-	____________________________ ____________________________
672		-	Steve Fenberg Julie McCluskie
673		-	PRESIDENT OF SPEAKER OF THE HOUSE
674		-	THE SENATE OF REPRESENTATIVES
675		-	____________________________ ____________________________
676		-	Cindi L. Markwell Robin Jones
677		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
678		-	THE SENATE OF REPRESENTATIVES
679		-	APPROVED________________________________________
680		-	(Date and Time)
681		-	_________________________________________
682		-	Jared S. Polis
683		-	GOVERNOR OF THE STATE OF COLORADO
684		-	PAGE 16-SENATE BILL 23-039
	603	+	ACH SHERIFF SHALL DESIGNATE AT LEAST ONE INDIVIDUAL TO SERVE AS
	604	+	22
	605	+	A COMMUNICATION LIAISON BETWEEN THE COUNTY JAIL AND COUNTY23
	606	+	DEPARTMENTS OF HUMAN SERVICES CONCERNING CHILDREN SUBJECT TO24
	607	+	AN OPEN DEPENDENCY AND NEGLECT CASE WHOSE PARENTS ARE25
	608	+	INCARCERATED IN THE JAIL FOR THE PURPOSE OF IMPROVING26
	609	+	COMMUNICATION AND ENSURING OPPORTUNITIES FOR FAMILY TIME .27
	610	+	039
	611	+	-18- SECTION 12. Appropriation. (1) For the 2023-24 state fiscal1
	612	+	year, $31,110 is appropriated to the department of corrections. This2
	613	+	appropriation is from the general fund. To implement this act, the3
	614	+	department may use this appropriation as follows:4
	615	+	(a) $2,050 for use by institutions for start-up costs related to the5
	616	+	superintendents subprogram;6
	617	+	(b) $26,385 for use by support services for personal services7
	618	+	related to the business operations subprogram, which amount is based on8
	619	+	an assumption that the program will require an additional 0.4 FTE;9
	620	+	(c) $2,250 for use by support services for operating expenses10
	621	+	related to the business operations subprogram;11
	622	+	(d) $225 for use by support services for operating expenses related12
	623	+	to the communications subprogram; and13
	624	+	(e) $200 for use by support services for operating expenses related14
	625	+	to the information systems subprogram.15
	626	+	(2) For the 2023-24 state fiscal year, $15,111 is appropriated to16
	627	+	the department of human services for use by the division of child welfare.17
	628	+	This appropriation is from the general fund. To implement this act, the18
	629	+	division may use this appropriation as follows:19
	630	+	(a) $9,396 for administration; and20
	631	+	(b) $5,715 for Colorado TRAILS.21
	632	+	(3) For the 2023-24 state fiscal year, the general assembly22
	633	+	anticipates that the department of human services will receive $4,481 in23
	634	+	federal funds for use by the division of child welfare to implement this24
	635	+	act, which amount is subject to the "(I)" notation as defined in the annual25
	636	+	general appropriation act for the same fiscal year. The appropriation in26
	637	+	subsection (2) of this section is based on the assumption that the division27
	638	+	039
	639	+	-19- will receive this amount of federal funds to be used as follows:1
	640	+	(a) $1,404 for administration; and2
	641	+	(b) $3,077 for Colorado TRAILS.3
	642	+	(4) For the 2023-24 state fiscal year, $7,425 is appropriated to the4
	643	+	judicial department for use by the trial courts. This appropriation is from5
	644	+	the general fund, and is based on an assumption that the department will6
	645	+	require an additional 0.1 FTE. To implement this act, the office may use7
	646	+	this appropriation for trial court programs.8
	647	+	SECTION 13. Effective date. This act takes effect January 1,9
	648	+	2024.10
	649	+	SECTION 14. Safety clause. The general assembly hereby finds,11
	650	+	determines, and declares that this act is necessary for the immediate12
	651	+	preservation of the public peace, health, or safety.13
	652	+	039
	653	+	-20-