Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0350.01 Jacob Baus x2173
HOUSE BILL 24-1031
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCREAS E ACCESSIBILITY PROVIDED TO101
PERSONS WHO ARE INVOLVED IN MATTERS REGARDING A102
CHILD'S WELFARE.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Colorado's Child Welfare System Interim Study Committee.
The bill requires that certain services provided to children or their
families comply with the provisions of Title VI of the federal "Civil
Rights Act of 1964" if they are provided by a county department, city and
county, or a private-entity contractor. Furthermore, the bill requires that
HOUSE SPONSORSHIP
Bradley and Joseph, Duran, Evans, Froelich, Pugliese, Young
SENATE SPONSORSHIP
Kirkmeyer and Michaelson Jenet, Fields, Zenzinger
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the county department, city and county, or private-entity contractor make
reasonable efforts to ensure meaningful language access to services in the
person's primary language for a person with limited English proficiency
in a timely manner and without unreasonable delay.
The bill requires a court to provide language access, including
translation and interpretation services, to a child, parent, guardian,
custodian, or other party in a dependency and neglect case if the person
has limited English proficiency.
The bill requires that during a dispositional hearing concerning the
best interests of a child, reasonable efforts must be made to ensure
meaningful access to services in the person's primary language for a
person with limited English proficiency in a timely manner and without
unreasonable delay.
The bill requires the department of human services (department)
to develop and implement a language access plan to address the rights and
needs of persons with limited English proficiency. The department is also
required to develop a resource bank of common documents that are in
plain language, translated into non-English languages, and are made
accessible to counties, cities and counties, or private-entity contractors.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-1-103, add (92.5)2
and (95.5) as follows:3
19-1-103. Definitions. As used in this title 19 or in the specified4
portion of this title 19, unless the context otherwise requires:5
(92.5) "L
ANGUAGE ACCESS " MEANS THE PROVISION OF6
MEANINGFUL ACCESS TO SERVICES IN THE PERSON 'S PRIMARY LANGUAGE7
FOR A PERSON WITH LIMITED ENGLISH PROFICIENCY.8
(95.5) "L
IMITED ENGLISH PROFICIENCY" MEANS THE LIMITED9
ABILITY TO SPEAK, READ, WRITE, OR UNDERSTAND THE ENGLISH10
LANGUAGE FOR A PERSON WHOSE PRIMARY LANGUAGE IS NOT ENGLISH.11
SECTION 2. In Colorado Revised Statutes, 19-3-208, add (2)(h)12
as follows:13
19-3-208. Services - county required to provide - out-of-home14
HB24-1031-2- placement options - rules - definitions. (2) (h) S ERVICES PROVIDED1
PURSUANT TO THIS SECTION MUST MEET THE PROVISIONS OF TITLE VI OF2
THE FEDERAL "CIVIL RIGHTS ACT OF 1964", AND ITS RELATED3
AMENDMENTS AND IMPLEMENTING REGULATIONS , REGARDLESS OF4
WHETHER THE SERVICES ARE PROVIDED BY A COUNTY DEPARTMENT , CITY5
AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR. A COUNTY DEPARTMENT,6
CITY AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR SHALL MAKE7
REASONABLE EFFORTS TO ENSURE MEANINGFUL LANGUAGE ACCESS TO A8
PERSON WITH LIMITED ENGLISH PROFICIENCY IN ACCORDANCE WITH RULES9
PROMULGATED PURSUANT TO SECTION 26-5-102.5. THE LANGUAGE10
ACCESS MUST BE PROVIDED IN A TIMELY MANNER AND WITHOUT11
UNREASONABLE DELAY .12
SECTION 3. In Colorado Revised Statutes, add 19-3-218 as13
follows:14
19-3-218. Language access. (1) P
URSUANT TO THIS ARTICLE 3,15
THE COURT SHALL PROVIDE LANGUAGE ACCESS TO A CHILD OR A PARENT ,16
GUARDIAN, OTHER CUSTODIAN, OR OTHER PARTY IF THE PERSON HAS17
LIMITED ENGLISH PROFICIENCY AND THE PERSON REQUESTS LANGUAGE18
ACCESS OR THE COURT FINDS THAT A PERSON HAS LIMITED ENGLISH19
PROFICIENCY.20
(2) A
PERSON WHO RECEIVES LANGUAGE ACCESS PURSUANT TO21
THIS SECTION MUST RECEIVE TRANSLATION AND INTERPRETATION22
SERVICES IN CIRCUMSTANCES WHEN A SIMILARLY SITUATED PERSON23
WOULD RECEIVE THE COMMUNICATION IN ENGLISH. TRANSLATION MUST24
BE PROVIDED IN A TIMELY MANNER AND WITHOUT UNREASONABLE DELAY25
IF REQUESTED BY THE PARTY, AND INTERPRETATION MUST BE PROVIDED26
AT EVERY PROCEEDING.27
HB24-1031
-3- SECTION 4. In Colorado Revised Statutes, 19-3-507, add (6) as1
follows:2
19-3-507. Dispositional hearing - rules. (6) R
EASONABLE3
EFFORTS MUST BE MADE TO ENSURE MEANINGFUL LANGUAGE ACCESS TO4
A PERSON WITH LIMITED ENGLISH PROFICIENCY IN ACCORDANCE WITH5
RULES PROMULGATED PURSUANT TO SECTION 26-5-102.5. THE LANGUAGE6
ACCESS MUST BE PROVIDED IN A TIMELY MANNER AND WITHOUT7
UNREASONABLE DELAY .8
SECTION 5. In Colorado Revised Statutes, add 26-5-102.5 as9
follows:10
26-5-102.5. Persons who have limited English proficiency -11
language access plan - rules. (1) O
N OR BEFORE JULY 1, 2025, THE12
STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A LANGUAGE13
ACCESS PLAN TO ADDRESS THE RIGHTS AND NEEDS OF PERSONS WITH14
LIMITED ENGLISH PROFICIENCY. AT A MINIMUM, THE PLAN MUST15
CONSIDER:16
(a) T
HE NUMBER OR PROPORTION OF PERSONS WITH LIMITED17
E
NGLISH PROFICIENCY WHO ARE ELIGIBLE TO BE SERVED BY , OR LIKELY TO18
BE SERVED BY, THE DIVISION OF CHILD WELFARE IN THE STATE19
DEPARTMENT;20
(b) T
HE DIFFERENT LANGUAGES SPOKEN BY PEOPLE WITH LIMITED21
E
NGLISH PROFICIENCY IN COLORADO AND THE DEGREE THAT DIFFERENT22
LANGUAGES ARE SPOKEN IN COMPARISON AND PROPORTION TO ALL23
LANGUAGES SPOKEN IN COLORADO;24
(c) T
HE BARRIERS CONFRONTED BY PEOPLE WITH LIMITED ENGLISH25
PROFICIENCY WHO ARE SERVED BY THE DIVISION OF CHILD WELFARE IN26
THE STATE DEPARTMENT AND HOW TO ADDRESS THOSE BARRIERS ;27
HB24-1031
-4- (d) THE FREQUENCY PERSONS WITH LIMITED ENGLISH PROFICIENCY1
ARE SERVED BY THE DIVISION OF CHILD WELFARE IN THE STATE2
DEPARTMENT;3
(e) T
HE NATURE AND RELATIVE SIGNIFICANT EFFECT THAT EACH4
PROGRAM, ACTIVITY, OR SERVICE PROVIDED BY THE DIVISION OF CHILD5
WELFARE IN THE STATE DEPARTMENT , INCLUDING CONTRACTED SERVICES6
SUCH AS MENTAL AND BEHAVIORAL HEALTH SERVICES , HAS ON A PERSON'S7
LIFE; AND8
(f) T
HE RESOURCES AVAILABLE TO THE DIVISION OF CHILD9
WELFARE IN THE STATE DEPARTMENT .10
(2) T
HE LANGUAGE ACCESS PLAN MUST INCLUDE THE MANNER IN11
WHICH THE DIVISION OF CHILD WELFARE IN THE STATE DEPARTMENT12
SHALL:13
(a) I
DENTIFY PERSONS WITH LIMITED ENGLISH PROFICIENCY WHO14
NEED LANGUAGE ACCESS;15
(b) P
ROVIDE LANGUAGE ACCESS FOR PEOPLE SERVED BY THE16
DIVISION OF CHILD WELFARE INCLUDING, BUT NOT LIMITED TO, SERVICES17
PROVIDED BY MULTILINGUAL STAFF , ORAL INTERPRETATION SERVICES ,18
AND WRITTEN LANGUAGE TRANSLATIONS ;19
(c) T
RAIN STAFF ON IDENTIFYING PERSONS WITH LIMITED ENGLISH20
PROFICIENCY, PROVIDING LANGUAGE ACCESS , AND DOCUMENTING THE21
PERSON'S PRIMARY LANGUAGE IN CHILD WELFARE RECORDS ;22
(d) P
ROVIDE NOTICE TO PERSONS WITH LIMITED ENGLISH23
PROFICIENCY OF THE AVAILABILITY OF LANGUAGE ACCESS ; AND24
(e) M
ONITOR AND UPDATE THE LANGUAGE ACCESS PLAN .25
(3) T
HE LANGUAGE ACCESS PLAN MUST ESTABLISH CLEAR GOALS ,26
MANAGEMENT ACCOUNTABILITY , AND OPPORTUNITIES FOR COMMUNITY27
HB24-1031
-5- INPUT INCLUDING, BUT NOT LIMITED TO, A PROCESS TO SOLICIT PUBLIC1
INPUT FROM PERSONS WHO HAVE LIMITED ENGLISH PROFICIENCY.2
(4) (a) T
HE STATE DEPARTMENT SHALL DEVELOP A RESOURCE3
BANK OF COMMON DOCUMENTS ISSUED PURSUANT TO THIS SECTION THAT4
ARE IN PLAIN LANGUAGE, TRANSLATED INTO NON-ENGLISH LANGUAGES,5
AND ARE MADE ACCESSIBLE TO COUNTIES , CITIES AND COUNTIES, OR6
PRIVATE-ENTITY CONTRACTORS.7
(b) T
HE STATE DEPARTMENT SHALL PROVIDE RESOURCES AND8
ASSISTANCE TO COUNTIES, CITIES AND COUNTIES, AND PRIVATE-ENTITY9
CONTRACTORS TO ENSURE COMPLIANCE WITH REASONABLE10
ACCOMMODATION AND LANGUAGE ACCESS REQUIREMENTS .11
(5) T
HE STATE DEPARTMENT SHALL PROMULGATE RULES12
CONCERNING CHILD WELFARE AND AMEND EXISTING RULES CONCERNING13
CHILD WELFARE, IF NECESSARY, TO ENSURE FULL AND EQUAL14
OPPORTUNITY FOR CHILDREN , PARENTS, GUARDIANS, AND LEGAL15
CUSTODIANS WHO HAVE LIMITED ENGLISH PROFICIENCY AND TO COMPLY16
WITH TITLE VI OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964" AND ITS17
RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS .18
SECTION 6. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2024 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB24-1031
-6-