Colorado 2024 2024 Regular Session

Colorado House Bill HB1046 Introduced / Bill

Filed 01/10/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0347.01 Alana Rosen x2606
HOUSE BILL 24-1046
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENHANCE CHILD WELFARE SYSTEM TOOLS	. 101
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.
Current law requires mandatory reporters to include certain information
when reporting child abuse or neglect to the mandatory reporter's county
department, local law enforcement, or through the statewide child abuse
reporting hotline system (hotline system). The bill requires a mandatory
reporter to report any evidence of known or suspected domestic violence
in the child's home, including any evidence of previous cases of known
or suspected domestic violence in the child's home.
HOUSE SPONSORSHIP
Duran and Evans, Bradley, Froelich, Joseph, Pugliese, Young
SENATE SPONSORSHIP
Kolker and Kirkmeyer, Fields, Michaelson Jenet, 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 bill requires the state department of human services (state
department) to develop and implement a consistent screening process for
a county department to follow, when possible, in responding to a report
or inquiry to the hotline system. The screening process must include
questions about domestic violence. The state department is required to
develop and implement a disclosure procedure that notifies callers to the
hotline system that calls are recorded.
The state department is also required to review the screening
process used by county departments and hotline system operators to:
! Determine race; ethnicity; disability status; LGBTQ
identity, if applicable; and English proficiency in a
screening report and recommend a process for improving
the accuracy of determining the demographic information,
which must include opportunities to update the TRAILS
statewide case management system;
! Understand the types of questions asked during the
screening process to determine demographic information;
and
! Understand the sequence of questions asked during a
screening process to determine demographic information.
The state department shall recommend and implement a screening
process procedure to determine demographic information that reflects
best practices and cultural competencies.
No later than January 15, 2025, the office of the child protection
ombudsman (ombudsman) shall select a third-party evaluator to conduct
an audit on the Colorado family safety assessment and the Colorado
family risk assessment. The third-party evaluator shall create a report
summarizing the results of the audit. On or before March 1, 2026, the
ombudsman is required to submit the audit report to the house of
representatives public and behavioral health and human services
committee and the senate health and human services committee, or their
successor committees, the speaker of the house of representatives, the
minority leader of the house of representatives, the president of the
senate, and the minority leader of the senate.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  The reporting and prevention of child abuse is a matter of4
public concern;5
HB24-1046-2- (b)  It is the intent of the general assembly to protect the best1
interests of the children of Colorado and offer protective services to2
prevent further harm to children suffering from child abuse;3
(c)  The protection of children requires the most up-to-date tools,4
assessment criteria, and resources for the state department of human5
services and participating counties;6
(d)  An audit of the tools used to report and track child abuse is7
prudent and necessary. This includes a thorough audit of the appropriate8
language used, best practices, and assessing risk factors in the home,9
directly or indirectly, that may cause children harm.10
(e)  Research indicates that if domestic violence is present in the11
home, both survivors of domestic violence and their children are at the12
highest risk after a critical event, such as reporting abuse in the home.13
(2)  The general assembly finds, therefore, that it is the obligation14
of the state to ensure individuals involved in assessing reports of child15
abuse and domestic violence have access to appropriate tools and16
resources. The processes outlined in this bill address this matter of public17
concern.18
SECTION 2. In Colorado Revised Statutes, 19-3-307, add19
(2)(c.5) as follows:20
19-3-307.  Reporting procedures. (2)  Reports of known or21
suspected child abuse or neglect made pursuant to this article 3 must22
include the following information whenever possible:23
(c.5)  A
NY EVIDENCE OF KNOWN OR SUSPECTED DOMESTIC24
VIOLENCE IN THE CHILD'S HOME, INCLUDING ANY EVIDENCE OF PREVIOUS25
CASES OF KNOWN OR SUSPECTED DOMESTIC VIOLENCE IN THE CHILD 'S26
HOME;27
HB24-1046
-3- SECTION 3. In Colorado Revised Statutes, 26-5-111, amend1
(4)(h) and (4)(i); and add (3.5), (3.7), and (4)(j) as follows:2
26-5-111.  Statewide child abuse reporting hotline system -3
child abuse hotline steering committee - screening questions for4
hotline system operators and county departments - rules on5
consistent processes in response to reports and inquiries for6
information - legislative declaration - definitions. (3.5) (a)  T
HE STATE7
DEPARTMENT SHALL DEVELOP AND IMPLEMENT A CONSISTENT SCREENING8
PROCESS FOR A COUNTY DEPARTMENT TO FOLLOW , WHENEVER POSSIBLE,9
WHILE RESPONDING TO A REPORT OR INQUIRY SUBMITTED TO THE10
STATEWIDE CHILD ABUSE REPORTING HOTLINE SYSTEM . THE SCREENING11
PROCESS MUST INCLUDE QUESTIONS ABOUT DOMESTIC VIOLENCE .12
(b)  T
HE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A13
DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE STATEWIDE14
CHILD ABUSE REPORTING HOTLINE SYSTEM THAT CALLS ARE RECORDED .15
(3.7) (a)  T
HE STATE DEPARTMENT SHALL REVIEW THE SCREENING16
PROCESS USED BY COUNTY DEPARTMENTS AND HOTLINE SYSTEM17
OPERATORS TO:18
(I)  D
ETERMINE RACE; ETHNICITY; DISABILITY STATUS; LGBTQ19
IDENTITY, IF APPLICABLE; AND ENGLISH PROFICIENCY IN A SCREENING20
REPORT AND RECOMMEND A PROCESS FOR IMPROVING THE ACCURACY OF21
DETERMINING THIS DEMOGRAPHIC INFORMATION , WHICH MUST INCLUDE22
OPPORTUNITIES TO UPDATE THE INFORMATION IN TRAILS, AS DEFINED IN23
SECTION 26-5-118;24
(II)  U
NDERSTAND THE TYPES OF QUESTIONS ASKED DURING THE25
SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND26
RECOMMEND QUESTIONS THAT REFLECT BEST PRACTICES AND CULTURAL27
HB24-1046
-4- COMPETENCY; AND1
(III)  U
NDERSTAND THE SEQUENCE OF QUESTIONS ASKED DURING2
THE SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND3
RECOMMEND A SEQUENCE OF QUESTIONS THAT BETTER REFLECTS BEST4
PRACTICES.5
(b)  T
HE STATE DEPARTMENT SHALL IMPLEMENT THE6
RECOMMENDED BEST PRACTICES DESCRIBED IN SUBSECTION (3.7)(a) OF7
THIS SECTION.8
(4)  The state board is authorized to adopt rules, based upon the9
recommendations of the child abuse hotline steering committee, and may10
revise rules, as necessary, including but not limited to the following:11
(h)  A consistent screening process with criteria and steps for the12
county department to follow in responding to a report or inquiry and
 THAT13
IS CONSISTENT WITH THE PROCESS SET FORTH IN SUBSECTIONS (3.5)(a)14
AND (3.7)(a) OF THIS SECTION;15
(i)  Rules establishing a consistent decision-making process with16
criteria and steps for the county department to follow when deciding how17
to act on a report or inquiry or when to take no action on a report or18
inquiry; 
AND19
(j)  A
 DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE20
HOTLINE SYSTEM THAT CALLS ARE RECORDED THAT IS CONSISTENT WITH21
THE PROCEDURE SET FORTH IN SUBSECTION (3.5)(b) OF THIS SECTION.22
SECTION 4. In Colorado Revised Statutes, add 26-5-118 as23
follows:24
26-5-118.  Audit of child welfare system tools - Colorado family25
safety assessment - Colorado family risk assessment - domestic26
violence - report - rules - definitions. (1)  A
S USED IN THIS SECTION,27
HB24-1046
-5- UNLESS THE CONTEXT OTHERWISE REQUIRES :1
(a)  "C
OLORADO FAMILY RISK ASSESSMENT " MEANS A SYSTEMATIC2
COLLECTION AND ANALYSIS OF INFORMATION ENTERED INTO TRAILS TO3
DETERMINE THE LIKELIHOOD OF FUTURE MALTREATMENT OF A CHILD OR4
YOUTH.5
(b)  "C
OLORADO FAMILY SAFETY ASSESSMENT " MEANS A6
SYSTEMATIC COLLECTION OF INFORMATION ENTERED INTO TRAILS ON7
FAMILY CIRCUMSTANCES TO DETERMINE WHETHER A CHILD IS IN CURRENT8
OR IMPENDING DANGER AND TO ASSIST WITH INFORMED AND RELIABLE9
DECISION-MAKING TO MITIGATE SAFETY CONCERNS .10
(c)  "TRAILS"
 MEANS THE STATEWIDE COMPREHENSIVE CHILD11
WELFARE CASE MANAGEMENT SYSTEM .12
(2) (a) (I)  N
O LATER THAN JANUARY 15, 2025, THE OFFICE OF THE13
CHILD PROTECTION OMBUDSMAN , ESTABLISHED IN SECTION 19-3.3-102,14
SHALL SELECT AND CONTRACT WITH A THIRD -PARTY EVALUATOR TO15
CONDUCT AN AUDIT ON THE:16
(A)  C
OLORADO FAMILY SAFETY ASSESSMENT ; AND17
(B)  C
OLORADO FAMILY RISK ASSESSMENT .18
(II)  T
HE THIRD-PARTY EVALUATOR SHALL CREATE A REPORT19
SUMMARIZING THE RESULTS OF THE AUDIT .20
(b)  I
N CONDUCTING AN AUDIT OF THE COLORADO FAMILY RISK21
ASSESSMENT, THE THIRD-PARTY EVALUATOR, AT A MINIMUM, SHALL:22
(I)  I
DENTIFY TOOLS AND RESOURCES TO ENSURE THE ASSESSMENT23
IS CARRIED OUT CONSISTENTLY;24
(II)  I
DENTIFY GAPS AND SOLUTIONS TO ENABLE CASEWORKERS TO25
COMPLETE THE ASSESSMENT IN REAL TIME WHILE IN THE FIELD ;26
(III)  E
XAMINE THE IMPACTS OF GEOGRAPHY WHEN USING THE27
HB24-1046
-6- ASSESSMENT;1
(IV)  E
XAMINE THE IMPACTS OF RACE AND ETHNICITY WHEN USING2
THE ASSESSMENT AND HOW THEY IMPACT COMMUNITIES THAT ARE3
OVER-REPRESENTED IN THE CHILD WELFARE SYSTEM ;4
(V)  E
VALUATE AND RECOMMEND BEST PRACTICES FOR SHARING5
THE ASSESSMENT WITH FAMILIES , LEGAL PROFESSIONALS, AND THE6
JUDICIAL BRANCH;7
(VI)  E
VALUATE AND RECOMMEND BEST PRACTICES FOR TRAINING8
ON THE ASSESSMENT; AND9
(VII)  E
XAMINE THE ASSESSMENT FOR DOMESTIC VIOLENCE AND10
RECOMMEND BEST PRACTICES .11
(c)  I
N CONDUCTING AN AUDIT OF THE COLORADO FAMILY SAFETY12
ASSESSMENT, THE THIRD PARTY, AT A MINIMUM, SHALL:13
(I)  E
XAMINE THE ISSUES SET FORTH IN SUBSECTIONS (2)(b)(I) TO14
(2)(b)(VII) 
OF THIS SECTION;15
(II)  S
TUDY THE INTER-RATER RELIABILITY OF THE COLORADO16
FAMILY SAFETY ASSESSMENT; AND17
(III)  S
TUDY THE REQUIRED DOCUMENTATION FOR THE PLANNING18
AND REMOVAL OF THE CHILD FROM THE CHILD 'S PRIMARY CAREGIVER.19
(3)  O
N OR BEFORE MARCH 1, 2026, THE OFFICE OF THE CHILD20
PROTECTION OMBUDSMAN SHALL SUBMIT THE REPORT DESCRIBED IN21
SUBSECTION (2)(a)(II) OF THIS SECTION TO THE HOUSE OF22
REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN23
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES24
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , THE SPEAKER OF THE25
HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE HOUSE OF26
REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE MINORITY27
HB24-1046
-7- LEADER OF THE SENATE.1
SECTION 5. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
HB24-1046
-8-