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-