HOUSE BILL 24-1031
BY REPRESENTATIVE(S) Bradley and Joseph, Duran, Evans, Froelich,
Pugliese, Young, Bird, Clifford, Daugherty, Epps, Garcia, Hernandez,
Lynch, Rutinel, Snyder, Story, Titone, Weinberg;
also SENATOR(S) Kirkmeyer and Michaelson Jenet, Fields, Zenzinger,
Bridges, Buckner, Cutter, Exum, Ginal, Gonzales, Priola, Will.
C
ONCERNING MEASURES TO INCREASE ACCESSIBILITY PROVIDED TO PERSONS
WHO ARE INVOLVED IN MATTERS REGARDING A CHILD
'S WELFARE,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-1-103, add (61.5),
(92.5) and (95.5) as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(61.5) "E
FFECTIVE COMMUNICATION " HAS THE SAME MEANING AS
SET FORTH IN THE FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990",
42
U.S.C. SEC. 12101 ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS
AND IMPLEMENTING REGULATIONS
.
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. (92.5) "LANGUAGE ACCESS" MEANS SERVICES PROVIDED BY A
COURT
, THE STATE DEPARTMENT, A COUNTY DEPARTMENT OF HUMAN OR
SOCIAL SERVICES
, A CITY AND COUNTY, OR A PRIVATE-ENTITY CONTRACTOR
IN THE PERSON
'S PRIMARY LANGUAGE FOR A PERSON WITH LIMITED ENGLISH
PROFICIENCY
.
(95.5) "L
IMITED ENGLISH PROFICIENCY" MEANS THE LIMITED ABILITY
TO SPEAK
, READ, WRITE, OR UNDERSTAND THE ENGLISH LANGUAGE FOR A
PERSON WHOSE PRIMARY LANGUAGE IS NOT
ENGLISH.
SECTION 2. In Colorado Revised Statutes, 19-3-208, add (2)(h)
as follows:
19-3-208. Services - county required to provide - out-of-home
placement options - rules - definitions. (2) (h) S
ERVICES PROVIDED
PURSUANT TO THIS SECTION MUST MEET THE PROVISIONS OF
TITLE VI OF THE
FEDERAL
"CIVIL RIGHTS ACT OF 1964", AND ITS RELATED AMENDMENTS AND
IMPLEMENTING REGULATIONS
, REGARDLESS OF WHETHER THE SERVICES ARE
PROVIDED BY A COUNTY DEPARTMENT
, CITY AND C OUNTY , OR
PRIVATE
-ENTITY CONTRACTOR. A COUNTY DEPARTMENT, CITY AND COUNTY,
OR PRIVATE-ENTITY CONTRACTOR SHALL TAKE REASONABLE STEPS TO
ENSURE MEANINGFUL LANGUAGE ACCESS TO A PERSON WITH LIMITED
ENGLISH PROFICIENCY IN ACCORDANCE WITH RULES PROMULGATED
PURSUANT TO SECTION
26-5-102.5. THE LANGUAGE ACCESS MUST BE
PROVIDED IN A TIMELY MANNER AND WITHOUT UNREASONABLE DELAY
. A
COUNTY DEPARTMENT OR A CITY AND COUNTY SHALL PROVIDE SERVICES
UNDER THE SUPERVISION OF AND WITH THE SUPPORT OF THE STATE
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION
26-1-111.
SECTION 3. In Colorado Revised Statutes, add 19-3-218 as
follows:
19-3-218. Language access. (1) P
URSUANT TO THIS ARTICLE 3, THE
COURT SHALL PROVIDE LANGUAGE ACCESS TO A CHILD OR A PARENT
,
GUARDIAN, OTHER CUSTODIAN, OR OTHER PARTY IF THE PERSON REQUESTS
LANGUAGE ACCESS OR THE COURT FINDS THAT A PERSON HAS LIMITED
ENGLISH PROFICIENCY.
(2) A
PERSON WHO RECEIVES LANGUAGE ACCESS PURSUANT TO THIS
PAGE 2-HOUSE BILL 24-1031 SECTION MUST RECEIVE TRANSLATION AND INTERPRETATION SERVICES IN
CIRCUMSTANCES WHEN A SIMILARLY SITUATED PERSON WOULD RECEIVE THE
COMMUNICATION IN
ENGLISH. TRANSLATION MUST BE PROVIDED IN A
TIMELY MANNER AND WITHOUT UNREASONABLE DELAY IF REQUESTED BY
THE PARTY
, AND INTERPRETATION MUST BE PROVIDED AT EVERY
PROCEEDING
.
SECTION 4. In Colorado Revised Statutes, 19-3-507, add (6) as
follows:
19-3-507. Dispositional hearing - rules. (6) I
N ADOPTING A
TREATMENT PLAN
, THE COURT SHALL CONSIDER SERVICES AND PROGRAMS
THAT PROVIDE THE PARENT AND CHILD WITH LANGUAGE ACCESS AND
EFFECTIVE COMMUNICATION AND IDENTIFY THE MANNER IN WHICH THE
COUNTY DEPARTMENT ENSURES THE PROVISION OF LANGUAGE ACCESS AND
EFFECTIVE COMMUNICATION CONSISTENT WITH THE REQUIREMENTS OF THE
FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.
12101
ET SEQ., AS AMENDED, AND ITS RELATED AMENDMENTS AND
IMPLEMENTING REGULATIONS
, AND TITLE IV OF THE FEDERAL "CIVIL RIGHTS
ACT OF 1964", 42 U.S.C. SEC. 2000d ET SEQ., AS AMENDED, AND ITS
RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS
.
SECTION 5. Appropriation. (1) For the 2024-25 state fiscal year,
$74,953 is appropriated to the judicial department for use by courts
administration. This appropriation is from the judicial stabilization cash
fund created in section 13-32-101 (6), C.R.S. To implement this act, the
division may use this appropriation as follows:
(a) $67,753 for general courts administration, which amount is
based on an assumption that the division will require an additional 0.8 FTE;
and
(b) $7,200 for capital outlay.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 3-HOUSE BILL 24-1031 unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 24-1031