SENATE BILL 23-064
BY SENATOR(S) Gardner and Ginal, Bridges, Coleman, Hansen, Mullica;
also REPRESENTATIVE(S) Snyder and Armagost, Bird, Brown,
Gonzales-Gutierrez, Lindsay, Marshall, Valdez, Young.
C
ONCERNING THE OFFICE OF PUBLIC GUARDIANSHIP .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-94-102, amend
(2)(a)(I)(C); and repeal (2)(a)(II) and (2)(b) as follows:
13-94-102. Legislative declaration. (2) In establishing the office
of public guardianship, the general assembly intends:
(a) That the office will:
(I) Provide guardianship services to indigent and incapacitated
adults who:
(C) Are not subject to a petition for appointment of guardian filed
by a county adult protective services unit or otherwise authorized by section
26-3.1-104. and
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (II) Gather data to help the general assembly determine the need for,
and the feasibility of, a statewide office of public guardianship; and
(b) That the office is a pilot program, to be evaluated and then
continued, discontinued, or expanded at the discretion of the general
assembly in 2023.
SECTION 2. In Colorado Revised Statutes, 13-94-103, amend
(2)(a), (2)(c), (2)(d), and (2)(e); and add (2)(a.5) as follows:
13-94-103. Definitions. (2) As used in this article 94, unless the
context otherwise requires:
(a) "Commission" "BOARD" means the BOARD OF DIRECTORS FOR
THE OFFICE OF
public guardianship commission
created pursuant to section
13-94-104 SECTION 13-94-104.1.
(a.5) "C
LIENT" MEANS A PERSON RECEIVING GUARDIANSHIP SERVICES
FROM THE OFFICE
.
(c) "Director" means the director of the office, appointed by the
commission
BOARD pursuant to section 13-94-104 SECTION 13-94-104.1.
(d) "Guardian" or "guardian-designee" means an individual
employed by the office to provide guardianship services on behalf of the
office to one or more adults.
(e) "Office" means the office of public guardianship created in
section 13-94-104
SECTION 13-94-105.
SECTION 3. In Colorado Revised Statutes, 13-94-104, amend (2);
repeal (3) and (4); and add (5) as follows:
13-94-104. Public guardianship commission created - repeal.
(2) Each member of the commission serves at the pleasure of his or her THE
MEMBER
'S appointing authority; except that each member's term of service
concludes with the repeal of this article 94
SECTION pursuant to section
13-94-111 SUBSECTION (5) OF THIS SECTION.
PAGE 2-SENATE BILL 23-064 (3) The commission shall appoint a director to establish, develop,
and administer the office of public guardianship, which office is hereby
created within the judicial department. The director serves at the pleasure
of the commission.
(4) The office and the judicial department shall operate pursuant to
a memorandum of understanding between the two entities. The
memorandum of understanding must contain, at a minimum:
(a) A requirement that the office has its own personnel rules;
(b) A requirement that the director has independent hiring and
termination authority over office employees;
(c) A requirement that the office must follow judicial fiscal rules;
and
(d) Any other provisions regarding administrative support that will
help maintain the independence of the office.
(5) THIS SECTION IS REPEALED, EFFECTIVE AUGUST 31, 2023.
SECTION 4. In Colorado Revised Statutes, add 13-94-104.1 as
follows:
13-94-104.1. Office of public guardianship board - members -
duties - appointment of director - repeal. (1) (a) O
N SEPTEMBER 1, 2023,
THE BOARD OF DIRECTORS FOR THE OFFICE OF PUBLIC GUARDIANSHIP IS
CREATED WITHIN THE JUDICIAL DEPARTMENT
. THE BOARD INCLUDES SEVEN
MEMBERS
, APPOINTED AS FOLLOWS:
(I) T
HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL
APPOINT THREE MEMBERS WHO ARE ATTORNEYS ADMITTED TO PRACTICE
LAW IN THIS STATE
; AND
(II) THE GOVERNOR SHALL APPOINT FOUR NON -ATTORNEY MEMBERS
AS FOLLOWS
:
(A) T
HREE MEMBERS WHO HAVE LIVED EXPERIENCE WITH A FAMILY
MEMBER WHO IS AN AT
-RISK ADULT OR WHO HAVE EXPERTISE AND
PAGE 3-SENATE BILL 23-064 EXPERIENCE IN ADVOCATING FOR THE AT -RISK ADULT POPULATION ,
INCLUDING ADVOCACY AND REPRESENTATION IN THE AREAS OF AGING ,
MENTAL HEALTH, SUBSTANCE USE DISORDERS, HOMELESSNESS, VETERANS
ISSUES
, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , HEALTH CARE,
AND LAW ENFORCEMENT AND CRIMINAL JUSTICE . AT LEAST ONE OF THE
MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION
(1)(a)(II)(A) MUST BE
A PERSON WITH LIVED EXPERIENCE WITH A FAMILY MEMBER WHO IS AN
AT
-RISK ADULT.
(B) O
NE MEMBER WHO HAS NOT SERVED DIRECTLY IN AN ADVOCACY
ROLE FOR AT
-RISK ADULTS.
(b) (I) E
ACH OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE
MUST RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT
, AND NO MORE THAN
TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE MAY BE FROM THE SAME
POLITICAL PARTY
.
(II) E
ACH OF THE MEMBERS APPOINTED BY THE GOVERNOR MUST
RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT
, AND NO MORE THAN
THREE MEMBERS APPOINTED BY THE GOVERNOR MAY BE FROM THE SAME
POLITICAL PARTY
.
(c) I
N MAKING APPOINTMENTS TO THE BOARD , THE CHIEF JUSTICE
AND THE GOVERNOR SHALL CONSIDER PLACE OF RESIDENCE
, INCLUDING
RURAL OR URBAN RESIDENCY
; DISABILITY; SEX; RACE; AND ETHNIC
BACKGROUND
.
(d) E
ACH MEMBER OF THE BOARD SERVES WITHOUT COMPENSATION
BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FROM THE OFFICE OF PUBLIC
GUARDIANSHIP CASH FUND CREATED IN SECTION
13-94-108 FOR ACTUAL AND
NECESSARY EXPENSES THE MEMBER INCURS IN THE PERFORMANCE OF THE
MEMBER
'S DUTIES.
(2) (a) E
ACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF
THE MEMBER
'S APPOINTING AUTHORITY . EXCEPT FOR THE INITIAL
APPOINTMENTS MADE PURSUANT TO SUBSECTION
(2)(b) OF THIS SECTION,
EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. A MEMBER SHALL
NOT SERVE MORE THAN TWO CONSECUTIVE TERMS
.
(b) (I) T
HE CHIEF JUSTICE AND GOVERNOR SHALL MAKE INITIAL
PAGE 4-SENATE BILL 23-064 APPOINTMENTS TO THE BOARD NO LATER THAN AUGUST 1, 2023, AS
FOLLOWS
:
(A) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
MEMBER TO A TERM OF FOUR YEARS FROM AMONG THE MEMBERSHIP OF THE
PUBLIC GUARDIANSHIP COMMISSION CREATED IN SECTION
13-94-104 AS IT
EXISTS ON THE EFFECTIVE DATE OF THIS SUBSECTION
(2)(b);
(B) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
MEMBER TO A TERM OF TWO YEARS
;
(C) T
HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
MEMBER TO A TERM OF THREE YEARS
; AND
(D) THE GOVERNOR SHALL APPOINT ONE MEMBER TO A TERM OF
FOUR YEARS
.
(II) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE DECEMBER 31,
2027.
(3) T
HE BOARD SHALL:
(a) A
PPOINT THE DIRECTOR OF THE OFFICE OF PUBLIC GUARDIANSHIP,
WHO SERVES AT THE PLEASURE OF THE BOARD ;
(b) E
STABLISH BYLAWS AND OPERATING POLICIES FOR THE BOARD ;
AND
(c) WORK COLLABORATIVELY WITH THE DIRECTOR TO PROVIDE
GOVERNANCE OF THE OFFICE
, FISCAL OVERSIGHT OF THE GENERAL
OPERATING BUDGET OF THE OFFICE
, AND PROGRAMMATIC OVERSIGHT , AS
ESTABLISHED IN THE BYLAWS AND OPERATING PROCEDURES OF THE BOARD
.
(4) (a) T
HE BOARD SHALL MAKE ITS INITIAL APPOINTMENT OF A
DIRECTOR PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION NO LATER
THAN
DECEMBER 31, 2023.
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JUNE 30, 2024.
SECTION 5. In Colorado Revised Statutes, 13-94-105, amend (1),
PAGE 5-SENATE BILL 23-064 (2) introductory portion, (2)(c), (2)(e), (2)(f), (2)(j), (2)(k), (3), (4), and (5);
repeal (6); and add (1.5), (4.5), (6.5), (6.7), and (7) as follows:
13-94-105. Office of public guardianship - director - duties -
memorandum of understanding - annual report - repeal. (1) (a) T
HE
OFFICE OF PUBLIC GUARDIANSHIP IS CREATED WITHIN THE JUDICIAL
DEPARTMENT TO SERVE INDIGENT AND INCAPACITATED ADULTS IN NEED OF
GUARDIANSHIP IN EVERY JUDICIAL DISTRICT IN THE STATE NO LATER THAN
DECEMBER 31, 2030.
(b) The director shall establish, develop, and
administer the office
to serve indigent and incapacitated adults in need of guardianship in the
second, seventh, and sixteenth judicial districts and shall coordinate its THE
OFFICE
'S efforts with county departments of human services
and county
departments of social services within those districts EACH JUDICIAL DISTRICT
IN WHICH THE OFFICE PROVIDES SERVICES TO CLIENTS
.
(c) (I) T
HE OFFICE SHALL MAINTAIN OPERATIONS IN EACH JUDICIAL
DISTRICT IN WHICH IT IS OPERATING ON THE EFFECTIVE DATE OF THIS
SUBSECTION
(1)(c); SHALL BEGIN TO OPERATE IN OTHER JUDICIAL DISTRICTS
BEGINNING
JULY 1, 2025; AND SHALL OPERATE IN EVERY JUDICIAL DISTRICT
IN THE STATE NO LATER THAN
DECEMBER 31, 2030.
(II) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JUNE 30, 2031.
(d) The director shall administer the office in accordance with the
memorandum of understanding
WITH THE JUDICIAL DEPARTMENT described
in section 13-94-104 (4). Notwithstanding any other provision of this
section, upon receiving funding sufficient to begin operations in the second
judicial district, the office must begin operations in that judicial district
prior to operating in any other district THIS SECTION. THE JUDICIAL
DEPARTMENT SHALL PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT TO
ASSIST THE OFFICE
.
(1.5) I
N ADDITION TO ANY OTHER DUTIES OR RESPONSIBILITIES SET
FORTH IN THIS ARTICLE
94, THE OFFICE:
(a) M
AY:
(I) I
NITIATE PETITIONS FOR GUARDIANSHIP; AND
PAGE 6-SENATE BILL 23-064 (II) TAKE ANY ACTION ON BEHALF OF AN INDIGENT AND
INCAPACITATED PERSON THAT A PRIVATE GUARDIAN MAY TAKE
, EXCEPT AS
OTHERWISE LIMITED BY LAW OR COURT ORDER
; AND
(b) SHALL USE THE ELIGIBILITY CRITERIA AND PRIORITIZATION
DESCRIBED IN SUBSECTION
(2)(b) OF THIS SECTION TO SERVE INDIVIDUALS
WITH THE GREATEST NEEDS WHEN THE NUMBER OF CASES IN WHICH
SERVICES HAVE BEEN REQUESTED EXCEEDS THE NUMBER OF CASES IN WHICH
PUBLIC GUARDIANSHIP CAN PROVIDE SERVICES
.
(2) In addition to carrying out any duties assigned by the
commission
BOARD, the director shall ensure that the office provides, at a
minimum, the following services to the designated judicial districts EACH
JUDICIAL DISTRICT IN WHICH THE OFFICE OPERATES
:
(c) Appointment and post-appointment public guardianship services
of a guardian-designee
GUARDIAN for each indigent and incapacitated adult
in need of public guardianship;
(e) Recruitment, training, and oversight of guardian-designees
GUARDIANS;
(f) Development of MAINTAINING a process for receipt and
consideration of, and response to, complaints against the office, to include
INCLUDING investigation in cases in which investigation appears warranted
in the judgment of the director;
(j) Identification and establishment of relationships with local, state,
and federal governmental agencies so that guardians and
guardian-designees may apply for public benefits on behalf of wards to
obtain funding and service support, if needed; and
(k) Public education and outreach regarding the role of the office.
and guardian-designees.
(3) (a) (I) THE OFFICE SHALL EMPLOY GUARDIANS TO PROVIDE
GUARDIANSHIP SERVICES TO THE OFFICE
'S CLIENTS. EXCEPT AS PROVIDED IN
SUBSECTION
(3)(b)(II) OF THIS SECTION, A GUARDIAN MUST BE CERTIFIED BY
A STATE OR NATIONAL ORGANIZATION THAT CERTIFIES GUARDIANS
. THE
DIRECTOR SHALL INCLUDE IN THE RULES DEVELOPED PURSUANT TO SECTION
PAGE 7-SENATE BILL 23-064 13-94-107 A LIST OF THE ORGANIZATIONS WHOSE CERTIFICATIONS THE
OFFICE RECOGNIZES
.
(II) T
HE OFFICE MAY HIRE AS A GUARDIAN A PERSON WHO IS NOT
CERTIFIED
. IF THE OFFICE HIRES A PERSON WHO IS NOT CERTIFIED , THE
PERSON SHALL OBTAIN CERTIFICATION WITHIN TWO YEARS AFTER BEING
HIRED
.
(b) The director shall adopt professional standards of practice and
a code of ethics for guardians, and guardian-designees,
including a policy
concerning conflicts of interest. T
HE DIRECTOR MAY ADOPT PROFESSIONAL
STANDARDS OF PRACTICE AND A CODE OF ETHICS DEVELOPED BY A NATIONAL
ASSOCIATION OF GUARDIANS
.
(c) T
HE OFFICE SHALL PROVIDE TRAINING TO ALL GUARDIANS THAT
INCLUDES
, AT A MINIMUM, INSTRUCTION IN THE FOLLOWING AREAS :
(I) T
HE PROFESSIONAL STANDARDS OF PRACTICE AND CODE OF
ETHICS ADOPTED BY THE DIRECTOR
;
(II) S
TANDARDS FOR AGENCIES AND PROGRAMS PROVIDING
GUARDIANSHIP SERVICES DEVELOPED BY A NATIONAL ASSOCIATION OF
GUARDIANS AND APPROVED BY THE DIRECTOR
;
(III) F
EDERAL AND STATE LAWS APPLICABLE TO PROVIDING
GUARDIANSHIP SERVICES
;
(IV) C
HARACTERISTICS OF THE POPULATIONS SERVED BY THE OFFICE
AND APPROPRIATE TERMINOLOGY TO BE USED WHEN WORKING WITH THE
POPULATIONS SERVED BY THE OFFICE
;
(V) S
TATE AND LOCAL SOCIAL SERVICES AND RESOURCES ;
(VI) A
CTIVE LISTENING SKILLS;
(VII) B
EST PRACTICES IN CONFIDENTIALITY , DECISION-MAKING,
ETHICS, AND MEDICAL DECISION-MAKING; AND
(VIII) PLANNING SUPPORTS THAT INCLUDE LESS RESTRICTIVE
ALTERNATIVES SUCH AS LIMITED GUARDIANSHIPS AND SUPPORTIVE
PAGE 8-SENATE BILL 23-064 DECISION-MAKING.
(d) P
RIOR TO EMPLOYING A PERSON , THE OFFICE OF PUBLIC
GUARDIANSHIP SHALL SUBMIT THE NAME OF THE PERSON TO BE HIRED
, AS
WELL AS ANY OTHER REQUIRED IDENTIFYING INFORMATION
, TO THE
DEPARTMENT OF HUMAN SERVICES FOR A CHECK OF THE
COLORADO ADULT
PROTECTIVE SERVICES DATA SYSTEM PURSUANT TO SECTION
26-3.1-111 TO
DETERMINE IF THE PERSON IS SUBSTANTIATED IN A CASE OF MISTREATMENT
OF AN AT
-RISK ADULT.
(4) On or before January 1, 2023,
JANUARY 1 OF EACH YEAR, the
director shall submit to the judiciary committees of the senate and the house
of representatives, or to
any successor committees, a report concerning the
activities of the office. The report, at a minimum, must
SUMMARIZE THE
OFFICE
'S WORK OVER THE PRIOR STATE FISCAL YEAR IN PROVIDING
GUARDIANSHIP SERVICES FOR INDIGENT AND INCAPACITATED ADULTS AND
IDENTIFY ANY NOTABLE EFFICIENCIES AND OBSTACLES THAT THE OFFICE
INCURRED IN PROVIDING GUARDIANSHIP SERVICES DURING THE PRIOR STATE
FISCAL YEAR
. THE OFFICE SHALL NOT INCLUDE ANY PERSONAL IDENTIFYING
INFORMATION ABOUT ANY CLIENT IN ITS ANNUAL REPORT
.
N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ANNUAL REPORT
REQUIRED IN THIS SUBSECTION
(4) CONTINUES INDEFINITELY.
(a) Quantify, to the extent possible, Colorado's unmet need for
public guardianship services for indigent and incapacitated adults;
(b) Quantify, to the extent possible, the average annual cost of
providing guardianship services to indigent and incapacitated adults;
(c) Quantify, to the extent possible, the net cost or benefit, if any, to
the state that may result from the provision of guardianship services to each
indigent and incapacitated adult in each judicial district of the state;
(d) Identify any notable efficiencies and obstacles that the office
incurred in providing public guardianship services pursuant to this article
94;
(e) Assess whether an independent statewide office of public
guardianship or a nonprofit agency is preferable and feasible;
PAGE 9-SENATE BILL 23-064 (f) Analyze costs and off-setting savings to the state from the
delivery of public guardianship services;
(g) Provide uniform and consistent data elements regarding service
delivery in an aggregate format that does not include any personal
identifying information of any adult; and
(h) Assess funding models and viable funding sources for an
independent office of public guardianship or a nonprofit agency, including
the possibility of funding with a statewide increase in probate court filing
fees.
(4.5) NO LATER THAN JUNE 30, 2030, BUT NO EARLIER THAN JULY 1,
2027,
THE STATE AUDITOR SHALL CONDUCT OR CAUSE TO BE CONDUCTED A
PERFORMANCE AUDIT OF THE OFFICE
.
(5) In addition to performing the duties described in this section, the
director, in consultation with the commission
BOARD, shall develop,
PERIODICALLY EVALUATE, AND, IF THE DIRECTOR AND BOARD DETERMINE IT
IS NECESSARY
, UPDATE a strategy for the discontinuation of the office
TO
WIND UP THE OFFICE
'S AFFAIRS in the event that the general assemblydeclines to continue or expand the office after 2023 OFFICE IS
DISCONTINUED
. The strategy must include consideration of how to meet the
guardianship needs of adults who will no longer be able to receive
guardianship services from the office.
(6) Prior to employment, the office of public guardianship, pursuant
to section 25-1.5-103 (1)(a)(I)(A), shall submit the name of a person hired
as a guardian or guardian's designee, as well as any other required
identifying information, to the department of human services for a check of
the Colorado adult protective services data system pursuant to section
26-3.1-111 to determine if the person is substantiated in a case of
mistreatment of an at-risk adult.
(6.5) (a) THE OFFICE AND THE JUDICIAL DEPARTMENT SHALL
OPERATE PURSUANT TO A MEMORANDUM OF UNDERST ANDING BETWEEN THE
TWO ENTITIES
. THE OFFICE AND JUDICIAL DEPARTMENT SHALL ENTER INTO
A MEMORANDUM OF UNDERSTANDING THAT COMPLIES WITH THIS
SUBSECTION
(6.5)(a) NO LATER THAN DECEMBER 31, 2023. THE
MEMORANDUM OF UNDERSTANDING MUST CONTAIN
, AT A MINIMUM:
PAGE 10-SENATE BILL 23-064 (I) A REQUIREMENT THAT THE OFFICE HAVE ITS OWN PERSONNEL
RULES
;
(II) A
REQUIREMENT THAT THE DIRECTOR HAVE INDEPENDENT
HIRING AND TERMINATION AUTHORITY OVER OFFICE EMPLOYEES
;
(III) A
REQUIREMENT THAT THE OFFICE FOLLOW JUDICIAL FISCAL
RULES
;
(IV) A
REQUIREMENT THAT THE JUDICIAL DEPARTMENT PROVIDE
HUMAN RESOURCES
, BUDGET MANAGEMENT , ACCOUNTING, INFORMATION
TECHNOLOGY SUPPORT
, LEGAL SERVICES, AND ADMINISTRATIVE STAFF
SERVICES AT LOW OR NO COST TO THE OFFICE
, AND A REQUIREMENT THAT
THE JUDICIAL DEPARTMENT PROVIDE THE OFFICE WITH A DIRECT CONTACT
FOR EACH SERVICE
;
(V) A
PROCESS FOR ASSIGNING OFFICE SPACE FOR THE OFFICE'S MAIN
OFFICE
, WHICH MUST BE LOCATED IN DENVER, AND OTHER OFFICE SPACE IN
EACH JUDICIAL DISTRICT
; AND
(VI) ANY OTHER PROVISIONS REGARDING ADMINISTRATIVE SUPPORT
TO HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE
.
(b) (I) A
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE
AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE THE
EFFECTIVE DATE OF THIS SUBSECTION
(6.5)(b) REMAINS IN EFFECT UNTIL A
NEW MEMORANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO
SUBSECTION
(6.5)(a) OF THIS SECTION.
(II) T
HIS SUBSECTION (6.5)(b) IS REPEALED, EFFECTIVE JUNE 30,
2024.
(6.7) T
HE OFFICE IS AN INCLUDED AGENCY FOR THE PURPOSES OF
ARTICLE
100 OF THIS TITLE 13 AND RECEIVES ADMINISTRATIVE AND FISCAL
SUPPORT SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES FOR
INDEPENDENT AGENCIES
. THE OFFICE AND JUDICIAL DEPARTMENT SHALL
OPERATE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE OFFICE AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE
THE EFFECTIVE DATE OF THIS SUBSECTION
(6.7) UNTIL THE OFFICE BEGINS
RECEIVING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES FROM THE
PAGE 11-SENATE BILL 23-064 OFFICE OF ADMINISTRATIVE SERVICES FOR INDEPENDENT AGENCIES . THE
OFFICE AND JUDICIAL DEPARTMENT MAY AMEND THE EXISTING
MEMORANDUM OF UNDERSTANDING
.
(7) (a) T
HE DIRECTOR OF THE OFFICE ON THE DAY BEFORE THE
EFFECTIVE DATE OF THIS SUBSECTION
(7) SHALL CONTINUE TO CARRY OUT
THE DIRECTOR
'S DUTIES SET FORTH IN THIS ARTICLE 94 UNTIL THE BOARD
APPOINTS A DIRECTOR PURSUANT TO SECTION
13-94-104.1 (3)(a).
(b) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 30, 2024.
SECTION 6. In Colorado Revised Statutes, amend 13-94-106 as
follows:
13-94-106. Costs - waiver of court costs and filing fees - bond not
required. (1) The court shall waive court costs and filing fees in any
proceeding in which an indigent and incapacitated adult is receiving public
guardianship services from the office
AND SHALL WAIVE FILING FEES FOR
PETITIONS FOR GUARDIANSHIP FILED BY THE OFFICE IN A CASE THAT
INVOLVES A PERSON WHO IS ELIGIBLE FOR GUARDIANSHIP SERVICES FROM
THE OFFICE
.
(2) A
COURT SHALL NOT REQUIRE THE OFFICE OR A GUARDIAN
EMPLOYED BY THE OFFICE TO POST A BOND AS A CONDITION FOR
APPOINTMENT AS A GUARDIAN OR TO PROVIDE SERVICES PURSUANT TO THIS
ARTICLE
94.
SECTION 7. In Colorado Revised Statutes, amend 13-94-107, as
follows:
13-94-107. Director shall develop rules. (1) The director shall
develop rules to implement this article 94. The rules, at a minimum, must
include policies concerning:
(a) Conflicts of interest for guardians and guardian-designees
employed pursuant to this article 94; and
(b) The solicitation and acceptance of gifts, grants, and donations
pursuant to section 13-94-108 (3);
AND
PAGE 12-SENATE BILL 23-064 (c) A LIST OF THE ORGANIZATIONS THAT CERTIFY GUARDIANS AND
WHOSE CERTIFICATIONS ARE RECOGNIZED BY THE OFFICE
.
SECTION 8. In Colorado Revised Statutes, amend 13-94-108 as
follows:
13-94-108. Office of public guardianship cash fund - created -
gifts, grants, and donations. (1) The office of public guardianship cash
fund, referred to in this section as the "fund", is created in the state treasury.
The fund consists of any money that the office receives from gifts, grants,
or donations, as well as any other money appropriated to the fund by the
general assembly.
(2) The money in the fund is annually appropriated to the judicial
department to pay the expenses of the office. All interest and income
derived from the investment and deposit of money in the fund is credited to
the fund. Any unexpended and unencumbered money remaining in the fund
at the end of a fiscal year must remain in the fund and not be credited or
transferred to the general fund or any other fund. except that any money
remaining in the fund on June 30, 2024, shall be transferred to the general
fund.
(3) The office may seek, and accept, AND EXPEND gifts, grants, or
donations from private or public sources for the purposes of this article 94;
except that the office may not accept a gift, grant, or donation that is subject
to conditions that are inconsistent with this article 94 or any other law of the
state. The office shall transmit all private and public money received
through gifts, grants, or donations to the state treasurer, who shall credit the
same to the fund.
SECTION 9. In Colorado Revised Statutes, repeal 13-94-111 as
follows:
13-94-111. Repeal - wind-up. (1) This article 94 is repealed,
effective June 30, 2024. Prior to such repeal, the general assembly, after
reviewing the report submitted by the director pursuant to section 13-94-105
(4), shall consider whether to enact legislation to continue, discontinue, or
expand the office.
(2) If the general assembly has adjourned the legislative session
PAGE 13-SENATE BILL 23-064 beginning in January of 2023 sine die without enacting legislation to
continue or expand the office, the office shall notify the joint budget
committee that the office will not be continued and that court fees may be
reduced by the amount deposited to the office of public guardianship cash
fund, implement its discontinuation plan developed pursuant to section
13-94-105, and wind up its affairs prior to the repeal of this article 94.
SECTION 10. In Colorado Revised Statutes, 26-3.1-111, amend
(3)(b) and (7)(j) as follows:
26-3.1-111. Access to CAPS - employment checks -
conservatorship and guardianship checks - confidentiality - fees - rules
- legislative declaration - definitions. (3) (b) Conservatorship and
guardianship CAPS checks. Beginning January 1, 2022, the state
department shall provide the courts the results of a CAPS check, upon the
court's request and using forms approved by the state department, to
determine if a person who may be appointed as a conservator or guardian
of an at-risk adult is substantiated in a case of mistreatment of an at-risk
adult. This subsection (3)(b) does not apply to office of public guardianship
employees required to undergo a CAPS check pursuant to sections
13-94-105 (6) SECTION 13-94-105 and 26-3.1-111 (7)(j) SUBSECTION (7)(j)
OF THIS SECTION, or adult protective services employees required to undergo
a CAPS check pursuant to section 26-3.1-107 (2).
(7) The following employers shall request a CAPS check pursuant
to this section:
(j) The office of public guardianship pursuant to section 13-94-105.
(6).
SECTION 11. Effective date. (1) Except as otherwise provided in
this section, this act takes effect upon passage.
(2) Section 13-94-105 (6.5), Colorado Revised Statutes, enacted in
section 5 of this act, takes effect only if Senate Bill 23-228 does not become
law.
(3) Section 13-94-105 (6.7), Colorado Revised Statutes, enacted in
section 5 of this act, takes effect only if Senate Bill 23-228 becomes law, in
which case section 13-94-105 (6.7) takes effect on the effective date of this
PAGE 14-SENATE BILL 23-064 act or Senate Bill 23-228, whichever is later.
SECTION 12. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-SENATE BILL 23-064