Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0350.01 Jacob Baus x2173
HOUSE BILL 24-1031
House Committees Senate Committees
Health & Human Services
Appropriations
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, AND, IN CONNECTION THEREWITH , MAKING103
AN APPROPRIATION.104
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
HOUSE
3rd Reading Unamended
April 30, 2024
HOUSE
Amended 2nd Reading
April 29, 2024
HOUSE SPONSORSHIP
Bradley and Joseph, Duran, Evans, Froelich, Pugliese, Young, Bird, Clifford, Daugherty,
Epps, Garcia, Hernandez, Lynch, Rutinel, Snyder, Story, Titone, Weinberg
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. 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
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
(61.5),2
(92.5) 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
(61.5) "EFFECTIVE COMMUNICATION" HAS THE SAME MEANING AS6
SET FORTH IN THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF7
1990", 42 U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED8
AMENDMENTS AND IMPLEMENTING REGULATIONS .9
(92.5) "L
ANGUAGE ACCESS" MEANS
SERVICES PROVIDED BY A10
COURT, THE STATE DEPARTMENT, A COUNTY DEPARTMENT OF HUMAN OR11
SOCIAL SERVICES, A CITY AND COUNTY, OR A PRIVATE-ENTITY12
CONTRACTOR IN THE PERSON'S PRIMARY LANGUAGE FOR A PERSON WITH13
1031-2- LIMITED ENGLISH PROFICIENCY.1
(95.5) "L
IMITED ENGLISH PROFICIENCY" MEANS THE LIMITED2
ABILITY TO SPEAK, READ, WRITE, OR UNDERSTAND THE ENGLISH3
LANGUAGE FOR A PERSON WHOSE PRIMARY LANGUAGE IS NOT ENGLISH.4
SECTION 2. In Colorado Revised Statutes, 19-3-208, add (2)(h)5
as follows:6
19-3-208. Services - county required to provide - out-of-home7
placement options - rules - definitions. (2) (h) S
ERVICES PROVIDED8
PURSUANT TO THIS SECTION MUST MEET THE PROVISIONS OF TITLE VI OF9
THE FEDERAL "CIVIL RIGHTS ACT OF 1964", AND ITS RELATED10
AMENDMENTS AND IMPLEMENTING REGULATIONS , REGARDLESS OF11
WHETHER THE SERVICES ARE PROVIDED BY A COUNTY DEPARTMENT , CITY12
AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR. A COUNTY DEPARTMENT,13
CITY AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR SHALL
TAKE14
REASONABLE STEPS TO ENSURE MEANINGFUL LANGUAGE ACCESS TO A15
PERSON WITH LIMITED ENGLISH PROFICIENCY IN ACCORDANCE WITH RULES16
PROMULGATED PURSUANT TO SECTION 26-5-102.5. THE LANGUAGE17
ACCESS MUST BE PROVIDED IN A TIMELY MANNER AND WITHOUT18
UNREASONABLE DELAY . A COUNTY DEPARTMENT OR A CITY AND COUNTY19
SHALL PROVIDE SERVICES UNDER THE SUPERVISION OF AND WITH THE20
SUPPORT OF THE STATE DEPARTMENT OF HUMAN SERVICES PURSUANT TO21
SECTION 26-1-111.22
SECTION 3. In Colorado Revised Statutes, add 19-3-218 as23
follows:24
19-3-218. Language access. (1) P
URSUANT TO THIS ARTICLE 3,25
THE COURT SHALL PROVIDE LANGUAGE ACCESS TO A CHILD OR A PARENT ,26
GUARDIAN, OTHER CUSTODIAN, OR OTHER PARTY IF
THE PERSON27
1031
-3- REQUESTS LANGUAGE ACCESS OR THE COURT FINDS THAT A PERSON HAS1
LIMITED ENGLISH PROFICIENCY.2
(2) A
PERSON WHO RECEIVES LANGUAGE ACCESS PURSUANT TO3
THIS SECTION MUST RECEIVE TRANSLATION AND INTERPRETATION4
SERVICES IN CIRCUMSTANCES WHEN A SIMILARLY SITUATED PERSON5
WOULD RECEIVE THE COMMUNICATION IN ENGLISH. TRANSLATION MUST6
BE PROVIDED IN A TIMELY MANNER AND WITHOUT UNREASONABLE DELAY7
IF REQUESTED BY THE PARTY, AND INTERPRETATION MUST BE PROVIDED8
AT EVERY PROCEEDING.9
SECTION 4. In Colorado Revised Statutes, 19-3-507, add (6) as10
follows:11
19-3-507. Dispositional hearing - rules.
(6) IN ADOPTING A12
TREATMENT PLAN, THE COURT SHALL CONSIDER SERVICES AND PROGRAMS13
THAT PROVIDE THE PARENT AND CHILD WITH LANGUAGE ACCESS AND14
EFFECTIVE COMMUNICATION AND IDENTIFY THE MANNER IN WHICH THE15
COUNTY DEPARTMENT ENSURES THE PROVISION OF LANGUAGE ACCESS16
AND EFFECTIVE COMMUNICATION CONSISTENT WITH THE REQUIREMENTS17
OF THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4218
U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS19
AND IMPLEMENTING REGULATIONS, AND TITLE IV OF THE FEDERAL "CIVIL20
RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000d ET SEQ., AS AMENDED, AND21
ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS. 22
SECTION 5. Appropriation. For the 2024-25 state fiscal year,23
$74,953 is appropriated to the judicial department for use by courts24
administration. This appropriation is from the judicial stabilization cash25
fund created in section 13-32-101 (6), C.R.S. To implement this act, the26
division may use this appropriation as follows:27
1031
-4- (a) $67,753 for general courts administration, which amount is1
based on an assumption that the division will require an additional 0.82
FTE; and3
(b) $7,200 for capital outlay.4
SECTION 6. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
1031
-5-