Colorado 2024 Regular Session

Colorado House Bill HB1031 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second 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. 24-0350.01 Jacob Baus x2173
1	8		HOUSE BILL 24-1031
2		-	BY REPRESENTATIVE(S) Bradley and Joseph, Duran, Evans, Froelich,
3		-	Pugliese, Young, Bird, Clifford, Daugherty, Epps, Garcia, Hernandez,
4		-	Lynch, Rutinel, Snyder, Story, Titone, Weinberg;
5		-	also SENATOR(S) Kirkmeyer and Michaelson Jenet, Fields, Zenzinger,
6		-	Bridges, Buckner, Cutter, Exum, Ginal, Gonzales, Priola, Will.
	9	+	House Committees Senate Committees
	10	+	Health & Human Services Health & Human Services
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING MEASURES TO INCREASE ACCESSIBILITY PROVIDED TO PERSONS
9		-	WHO ARE INVOLVED IN MATTERS REGARDING A CHILD
10		-	'S WELFARE,
11		-	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 19-1-103, add (61.5),
15		-	(92.5) and (95.5) as follows:
16		-	19-1-103. Definitions. As used in this title 19 or in the specified
17		-	portion of this title 19, unless the context otherwise requires:
18		-	(61.5) "E
19		-	FFECTIVE COMMUNICATION " HAS THE SAME MEANING AS
20		-	SET FORTH IN THE FEDERAL
21		-	"AMERICANS WITH DISABILITIES ACT OF 1990",
22		-	42
23		-	U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS
24		-	AND IMPLEMENTING REGULATIONS
25		-	.
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. (92.5) "LANGUAGE ACCESS" MEANS SERVICES PROVIDED BY A
34		-	COURT
35		-	, THE STATE DEPARTMENT, A COUNTY DEPARTMENT OF HUMAN OR
36		-	SOCIAL SERVICES
37		-	, A CITY AND COUNTY, OR A PRIVATE-ENTITY CONTRACTOR
38		-	IN THE PERSON
39		-	'S PRIMARY LANGUAGE FOR A PERSON WITH LIMITED ENGLISH
40		-	PROFICIENCY
41		-	.
	14	+	ONCERNING MEASURES TO INCREAS E ACCESSIBILITY PROVIDED TO101
	15	+	PERSONS WHO ARE INVOLVED IN MATTERS REGARDING A102
	16	+	CHILD'S
	17	+	WELFARE, AND, IN CONNECTION THEREWITH , MAKING103
	18	+	AN APPROPRIATION.104
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov/
	25	+	.)
	26	+	Colorado's Child Welfare System Interim Study Committee.
	27	+	The bill requires that certain services provided to children or their
	28	+	families comply with the provisions of Title VI of the federal "Civil
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 6, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 4, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 30, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 29, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Bradley and Joseph, Duran, Evans, Froelich, Pugliese, Young, Bird, Clifford, Daugherty,
	43	+	Epps, Garcia, Hernandez, Lynch, Rutinel, Snyder, Story, Titone, Weinberg
	44	+	SENATE SPONSORSHIP
	45	+	Kirkmeyer and Michaelson Jenet, Fields, Zenzinger, Bridges, Buckner, Cutter, Exum,
	46	+	Ginal, Gonzales, Priola, Will
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	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
	50	+	county, or a private-entity contractor. Furthermore, the bill requires that
	51	+	the county department, city and county, or private-entity contractor make
	52	+	reasonable efforts to ensure meaningful language access to services in the
	53	+	person's primary language for a person with limited English proficiency
	54	+	in a timely manner and without unreasonable delay.
	55	+	The bill requires a court to provide language access, including
	56	+	translation and interpretation services, to a child, parent, guardian,
	57	+	custodian, or other party in a dependency and neglect case if the person
	58	+	has limited English proficiency.
	59	+	The bill requires that during a dispositional hearing concerning the
	60	+	best interests of a child, reasonable efforts must be made to ensure
	61	+	meaningful access to services in the person's primary language for a
	62	+	person with limited English proficiency in a timely manner and without
	63	+	unreasonable delay.
	64	+	The bill requires the department of human services (department)
	65	+	to develop and implement a language access plan to address the rights and
	66	+	needs of persons with limited English proficiency. The department is also
	67	+	required to develop a resource bank of common documents that are in
	68	+	plain language, translated into non-English languages, and are made
	69	+	accessible to counties, cities and counties, or private-entity contractors.
	70	+	Be it enacted by the General Assembly of the State of Colorado:1
	71	+	SECTION 1. In Colorado Revised Statutes, 19-1-103, add
	72	+	(61.5),2
	73	+	(92.5) and (95.5) as follows:3
	74	+	19-1-103. Definitions. As used in this title 19 or in the specified4
	75	+	portion of this title 19, unless the context otherwise requires:5
	76	+	(61.5) "EFFECTIVE COMMUNICATION" HAS THE SAME MEANING AS6
	77	+	SET FORTH IN THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF7
	78	+	1990", 42 U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED8
	79	+	AMENDMENTS AND IMPLEMENTING REGULATIONS .9
	80	+	(92.5) "L
	81	+	ANGUAGE ACCESS" MEANS
	82	+	SERVICES PROVIDED BY A10
	83	+	COURT, THE STATE DEPARTMENT, A COUNTY DEPARTMENT OF HUMAN OR11
	84	+	SOCIAL SERVICES, A CITY AND COUNTY, OR A PRIVATE-ENTITY12
	85	+	CONTRACTOR IN THE PERSON'S PRIMARY LANGUAGE FOR A PERSON WITH13
	86	+	1031-2- LIMITED ENGLISH PROFICIENCY.1
42	87		(95.5) "L
43		-	IMITED ENGLISH PROFICIENCY" MEANS THE LIMITED ABILITY
44		-	TO SPEAK
45		-	, READ, WRITE, OR UNDERSTAND THE ENGLISH LANGUAGE FOR A
46		-	PERSON WHOSE PRIMARY LANGUAGE IS NOT
47		-	ENGLISH.
48		-	SECTION 2. In Colorado Revised Statutes, 19-3-208, add (2)(h)
49		-	as follows:
50		-	19-3-208. Services - county required to provide - out-of-home
	88	+	IMITED ENGLISH PROFICIENCY" MEANS THE LIMITED2
	89	+	ABILITY TO SPEAK, READ, WRITE, OR UNDERSTAND THE ENGLISH3
	90	+	LANGUAGE FOR A PERSON WHOSE PRIMARY LANGUAGE IS NOT ENGLISH.4
	91	+	SECTION 2. In Colorado Revised Statutes, 19-3-208, add (2)(h)5
	92	+	as follows:6
	93	+	19-3-208. Services - county required to provide - out-of-home7
51	94		placement options - rules - definitions. (2) (h) S
52		-	ERVICES PROVIDED
53		-	PURSUANT TO THIS SECTION MUST MEET THE PROVISIONS OF
54		-	TITLE VI OF THE
55		-	FEDERAL
56		-	"CIVIL RIGHTS ACT OF 1964", AND ITS RELATED AMENDMENTS AND
57		-	IMPLEMENTING REGULATIONS
58		-	, REGARDLESS OF WHETHER THE SERVICES ARE
59		-	PROVIDED BY A COUNTY DEPARTMENT
60		-	, CITY AND C OUNTY , OR
61		-	PRIVATE
62		-	-ENTITY CONTRACTOR. A COUNTY DEPARTMENT, CITY AND COUNTY,
63		-	OR PRIVATE-ENTITY CONTRACTOR SHALL TAKE REASONABLE STEPS TO
64		-	ENSURE MEANINGFUL LANGUAGE ACCESS TO A PERSON WITH LIMITED
65		-	ENGLISH PROFICIENCY IN ACCORDANCE WITH RULES PROMULGATED
66		-	PURSUANT TO SECTION
67		-	26-5-102.5. THE LANGUAGE ACCESS MUST BE
68		-	PROVIDED IN A TIMELY MANNER AND WITHOUT UNREASONABLE DELAY
69		-	. A
70		-	COUNTY DEPARTMENT OR A CITY AND COUNTY SHALL PROVIDE SERVICES
71		-	UNDER THE SUPERVISION OF AND WITH THE SUPPORT OF THE STATE
72		-	DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION
73		-	26-1-111.
74		-	SECTION 3. In Colorado Revised Statutes, add 19-3-218 as
75		-	follows:
	95	+	ERVICES PROVIDED8
	96	+	PURSUANT TO THIS SECTION MUST MEET THE PROVISIONS OF TITLE VI OF9
	97	+	THE FEDERAL "CIVIL RIGHTS ACT OF 1964", AND ITS RELATED10
	98	+	AMENDMENTS AND IMPLEMENTING REGULATIONS , REGARDLESS OF11
	99	+	WHETHER THE SERVICES ARE PROVIDED BY A COUNTY DEPARTMENT , CITY12
	100	+	AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR. A COUNTY DEPARTMENT,13
	101	+	CITY AND COUNTY, OR PRIVATE-ENTITY CONTRACTOR SHALL
	102	+	TAKE14
	103	+	REASONABLE STEPS TO ENSURE MEANINGFUL LANGUAGE ACCESS TO A15
	104	+	PERSON WITH LIMITED ENGLISH PROFICIENCY IN ACCORDANCE WITH RULES16
	105	+	PROMULGATED PURSUANT TO SECTION 26-5-102.5. THE LANGUAGE17
	106	+	ACCESS MUST BE PROVIDED IN A TIMELY MANNER AND WITHOUT18
	107	+	UNREASONABLE DELAY . A COUNTY DEPARTMENT OR A CITY AND COUNTY19
	108	+	SHALL PROVIDE SERVICES UNDER THE SUPERVISION OF AND WITH THE20
	109	+	SUPPORT OF THE STATE DEPARTMENT OF HUMAN SERVICES PURSUANT TO21
	110	+	SECTION 26-1-111.22
	111	+	SECTION 3. In Colorado Revised Statutes, add 19-3-218 as23
	112	+	follows:24
76	113		19-3-218. Language access. (1) P
77		-	URSUANT TO THIS ARTICLE 3, THE
78		-	COURT SHALL PROVIDE LANGUAGE ACCESS TO A CHILD OR A PARENT
79		-	,
80		-	GUARDIAN, OTHER CUSTODIAN, OR OTHER PARTY IF THE PERSON REQUESTS
81		-	LANGUAGE ACCESS OR THE COURT FINDS THAT A PERSON HAS LIMITED
82		-	ENGLISH PROFICIENCY.
	114	+	URSUANT TO THIS ARTICLE 3,25
	115	+	THE COURT SHALL PROVIDE LANGUAGE ACCESS TO A CHILD OR A PARENT ,26
	116	+	GUARDIAN, OTHER CUSTODIAN, OR OTHER PARTY IF
	117	+	THE PERSON27
	118	+	1031
	119	+	-3- REQUESTS LANGUAGE ACCESS OR THE COURT FINDS THAT A PERSON HAS1
	120	+	LIMITED ENGLISH PROFICIENCY.2
83	121		(2) A
84		-	PERSON WHO RECEIVES LANGUAGE ACCESS PURSUANT TO THIS
85		-	PAGE 2-HOUSE BILL 24-1031 SECTION MUST RECEIVE TRANSLATION AND INTERPRETATION SERVICES IN
86		-	CIRCUMSTANCES WHEN A SIMILARLY SITUATED PERSON WOULD RECEIVE THE
87		-	COMMUNICATION IN
88		-	ENGLISH. TRANSLATION MUST BE PROVIDED IN A
89		-	TIMELY MANNER AND WITHOUT UNREASONABLE DELAY IF REQUESTED BY
90		-	THE PARTY
91		-	, AND INTERPRETATION MUST BE PROVIDED AT EVERY
92		-	PROCEEDING
93		-	.
94		-	SECTION 4. In Colorado Revised Statutes, 19-3-507, add (6) as
95		-	follows:
96		-	19-3-507. Dispositional hearing - rules. (6) I
97		-	N ADOPTING A
98		-	TREATMENT PLAN
99		-	, THE COURT SHALL CONSIDER SERVICES AND PROGRAMS
100		-	THAT PROVIDE THE PARENT AND CHILD WITH LANGUAGE ACCESS AND
101		-	EFFECTIVE COMMUNICATION AND IDENTIFY THE MANNER IN WHICH THE
102		-	COUNTY DEPARTMENT ENSURES THE PROVISION OF LANGUAGE ACCESS AND
103		-	EFFECTIVE COMMUNICATION CONSISTENT WITH THE REQUIREMENTS OF THE
104		-	FEDERAL
105		-	"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
106		-	12101
107		-	ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS AND
108		-	IMPLEMENTING REGULATIONS
109		-	, AND TITLE IV OF THE FEDERAL "CIVIL RIGHTS
110		-	ACT OF 1964", 42 U.S.C. SEC. 2000d ET SEQ., AS AMENDED, AND ITS
111		-	RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS
112		-	.
113		-	SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
114		-	$74,953 is appropriated to the judicial department for use by courts
115		-	administration. This appropriation is from the judicial stabilization cash
116		-	fund created in section 13-32-101 (6), C.R.S. To implement this act, the
117		-	division may use this appropriation as follows:
118		-	(a) $67,753 for general courts administration, which amount is
119		-	based on an assumption that the division will require an additional 0.8 FTE;
120		-	and
121		-	(b) $7,200 for capital outlay.
122		-	SECTION 6. Act subject to petition - effective date. This act
123		-	takes effect at 12:01 a.m. on the day following the expiration of the
124		-	ninety-day period after final adjournment of the general assembly; except
125		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
126		-	of the state constitution against this act or an item, section, or part of this act
127		-	within such period, then the act, item, section, or part will not take effect
128		-	PAGE 3-HOUSE BILL 24-1031 unless approved by the people at the general election to be held in
129		-	November 2024 and, in such case, will take effect on the date of the official
130		-	declaration of the vote thereon by the governor.
131		-	____________________________ ____________________________
132		-	Julie McCluskie Steve Fenberg
133		-	SPEAKER OF THE HOUSE PRESIDENT OF
134		-	OF REPRESENTATIVES THE SENATE
135		-	____________________________ ____________________________
136		-	Robin Jones Cindi L. Markwell
137		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
138		-	OF REPRESENTATIVES THE SENATE
139		-	APPROVED________________________________________
140		-	(Date and Time)
141		-	_________________________________________
142		-	Jared S. Polis
143		-	GOVERNOR OF THE STATE OF COLORADO
144		-	PAGE 4-HOUSE BILL 24-1031
	122	+	PERSON WHO RECEIVES LANGUAGE ACCESS PURSUANT TO3
	123	+	THIS SECTION MUST RECEIVE TRANSLATION AND INTERPRETATION4
	124	+	SERVICES IN CIRCUMSTANCES WHEN A SIMILARLY SITUATED PERSON5
	125	+	WOULD RECEIVE THE COMMUNICATION IN ENGLISH. TRANSLATION MUST6
	126	+	BE PROVIDED IN A TIMELY MANNER AND WITHOUT UNREASONABLE DELAY7
	127	+	IF REQUESTED BY THE PARTY, AND INTERPRETATION MUST BE PROVIDED8
	128	+	AT EVERY PROCEEDING.9
	129	+	SECTION 4. In Colorado Revised Statutes, 19-3-507, add (6) as10
	130	+	follows:11
	131	+	19-3-507. Dispositional hearing - rules.
	132	+	(6) IN ADOPTING A12
	133	+	TREATMENT PLAN, THE COURT SHALL CONSIDER SERVICES AND PROGRAMS13
	134	+	THAT PROVIDE THE PARENT AND CHILD WITH LANGUAGE ACCESS AND14
	135	+	EFFECTIVE COMMUNICATION AND IDENTIFY THE MANNER IN WHICH THE15
	136	+	COUNTY DEPARTMENT ENSURES THE PROVISION OF LANGUAGE ACCESS16
	137	+	AND EFFECTIVE COMMUNICATION CONSISTENT WITH THE REQUIREMENTS17
	138	+	OF THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4218
	139	+	U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS19
	140	+	AND IMPLEMENTING REGULATIONS, AND TITLE IV OF THE FEDERAL "CIVIL20
	141	+	RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000d ET SEQ., AS AMENDED, AND21
	142	+	ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS. 22
	143	+	SECTION 5. Appropriation. For the 2024-25 state fiscal year,23
	144	+	$74,953 is appropriated to the judicial department for use by courts24
	145	+	administration. This appropriation is from the judicial stabilization cash25
	146	+	fund created in section 13-32-101 (6), C.R.S. To implement this act, the26
	147	+	division may use this appropriation as follows:27
	148	+	1031
	149	+	-4- (a) $67,753 for general courts administration, which amount is1
	150	+	based on an assumption that the division will require an additional 0.82
	151	+	FTE; and3
	152	+	(b) $7,200 for capital outlay.4
	153	+	SECTION 6. Act subject to petition - effective date. This act5
	154	+	takes effect at 12:01 a.m. on the day following the expiration of the6
	155	+	ninety-day period after final adjournment of the general assembly; except7
	156	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V8
	157	+	of the state constitution against this act or an item, section, or part of this9
	158	+	act within such period, then the act, item, section, or part will not take10
	159	+	effect unless approved by the people at the general election to be held in11
	160	+	November 2024 and, in such case, will take effect on the date of the12
	161	+	official declaration of the vote thereon by the governor.13
	162	+	1031
	163	+	-5-