Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0347.01 Alana Rosen x2606
HOUSE BILL 24-1046
House Committees Senate Committees
Health & Human Services Health & Human Services
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ENH ANCE CHILD WELFARE SYSTEM
TOOLS,101
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. 102
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
SENATE
3rd Reading Unamended
May 6, 2024
SENATE
2nd Reading Unamended
May 4, 2024
HOUSE
Amended 3rd Reading
March 4, 2024
HOUSE
Amended 2nd Reading
March 1, 2024
HOUSE SPONSORSHIP
Duran and Evans, Bradley, Froelich, Joseph, Pugliese, Young, Armagost, Bird,
Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Hamrick, Herod, Jodeh, Kipp,
Lieder, Lindsay, Marshall, Marvin, McCluskie, McLachlan, Ricks, Sirota, Snyder, Titone,
Valdez, Woodrow
SENATE SPONSORSHIP
Kolker and Kirkmeyer, Fields, Michaelson Jenet, Zenzinger, Bridges, Buckner, Cutter,
Hinrichsen, Priola
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. in the child's home, including any evidence of previous cases of known
or suspected domestic violence in the child's home.
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
1046-2- public concern;1
(b) It is the intent of the general assembly to protect the best2
interests of the children of Colorado and offer protective services to3
prevent further harm to children suffering from child abuse;4
(c) The protection of children requires the most up-to-date tools,5
assessment criteria, and resources for the state department of human6
services and participating counties;7
(d) An audit of the tools used to report and track child abuse is8
prudent and necessary. This includes a thorough audit of the appropriate9
language used, best practices, and assessing risk factors in the home,10
directly or indirectly, that may cause children harm.11
(e) Research indicates that if domestic violence or intimate partner12
violence is present in the home, both survivors of domestic violence or13
intimate partner violence and their children are at the highest risk after a14
critical event, such as reporting abuse in the home.15
(2) The general assembly finds, therefore, that it is the obligation16
of the state to ensure individuals involved in assessing reports of child17
abuse and domestic violence or intimate partner violence have access to18
appropriate tools and resources. The processes outlined in this bill address19
this matter of public concern.20
SECTION 2. In Colorado Revised Statutes, 19-3-307, add21
(2)(c.5) and (5) as follows:22
19-3-307. Reporting procedures. (2) Reports of known or23
suspected child abuse or neglect made pursuant to this article 3 must24
include the following information whenever possible:25
(c.5) A
NY EVIDENCE OF KNOWN
DOMESTIC VIOLENCE OR26
INTIMATE PARTNER VIOLENCE IN THE CHILD'S HOME, INCLUDING ANY27
1046
-3- EVIDENCE OF PREVIOUS CASES OF KNOWN DOMESTIC VIOLENCE OR1
INTIMATE PARTNER VIOLENCE IN THE CHILD 'S HOME;2
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(a) "COERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT5
OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE6
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN FROM7
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE .8
(b) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS OR "INTIMATE9
PARTNER VIOLENCE" MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,10
ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,11
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST12
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN13
INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY14
BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A15
NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .16
SECTION 3. In Colorado Revised Statutes, 26-5-111, amend17
(4)(h) and (4)(i); and add (2)(a.5), (2)(a.6), (3.5), (3.7), and (4)(j) as18
follows:19
26-5-111. Statewide child abuse reporting hotline system -20
child abuse hotline steering committee - screening questions for21
hotline system operators and county departments - rules on22
consistent processes in response to reports and inquiries for23
information - legislative declaration - definitions. (2) As used in this24
section, unless the context otherwise requires:25
(a.5) "COERCION" MEANS COMPELLING A PERSON BY FORCE,26
THREAT OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH27
1046
-4- THE PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN1
FROM CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO2
ENGAGE.3
(a.6) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE4
PARTNER VIOLENCE", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN5
ACT, ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,6
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST7
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN8
INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY9
BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A10
NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .11
(3.5) (a) THE STATE DEPARTMENT SHALL DEVELOP AND12
IMPLEMENT A CONSISTENT SCREENING PROCESS FOR A COUNTY13
DEPARTMENT TO FOLLOW , WHENEVER POSSIBLE, WHILE RESPONDING TO A14
REPORT OR INQUIRY SUBMITTED TO THE STATEWIDE CHILD ABUSE15
REPORTING HOTLINE SYSTEM . THE SCREENING PROCESS MUST INCLUDE16
QUESTIONS ABOUT DOMESTIC VIOLENCE OR INTIMATE PARTNER VIOLENCE .17
(b) T
HE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A18
DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE STATEWIDE19
CHILD ABUSE REPORTING HOTLINE SYSTEM THAT CALLS ARE RECORDED .20
(3.7) (a) T
HE STATE DEPARTMENT SHALL REVIEW THE SCREENING21
PROCESS USED BY COUNTY DEPARTMENTS AND HOTLINE SYSTEM22
OPERATORS TO:23
(I) D
ETERMINE RACE; ETHNICITY; DISABILITY STATUS; LGBTQ24
IDENTITY, IF APPLICABLE; AND ENGLISH PROFICIENCY IN A SCREENING25
REPORT AND RECOMMEND A PROCESS FOR IMPROVING THE ACCURACY OF26
DETERMINING THIS DEMOGRAPHIC INFORMATION , WHICH MUST INCLUDE27
1046
-5- OPPORTUNITIES TO UPDATE THE INFORMATION IN TRAILS, AS DEFINED IN1
SECTION 26-5-118;2
(II) U
NDERSTAND THE TYPES OF QUESTIONS ASKED DURING THE3
SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND4
RECOMMEND QUESTIONS THAT REFLECT BEST PRACTICES AND CULTURAL5
COMPETENCY; AND6
(III) U
NDERSTAND THE SEQUENCE OF QUESTIONS ASKED DURING7
THE SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND8
RECOMMEND A SEQUENCE OF QUESTIONS THAT BETTER REFLECTS BEST9
PRACTICES.10
(b) T
HE STATE DEPARTMENT SHALL IMPLEMENT THE11
RECOMMENDED BEST PRACTICES DESCRIBED IN SUBSECTION (3.7)(a) OF12
THIS SECTION.13
(4) The state board is authorized to adopt rules, based upon the14
recommendations of the child abuse hotline steering committee, and may15
revise rules, as necessary, including but not limited to the following:16
(h) A consistent screening process with criteria and steps for the17
county department to follow in responding to a report or inquiry and
THAT18
IS CONSISTENT WITH THE PROCESS SET FORTH IN SUBSECTIONS (3.5)(a)19
AND (3.7)(a) OF THIS SECTION;20
(i) Rules establishing a consistent decision-making process with21
criteria and steps for the county department to follow when deciding how22
to act on a report or inquiry or when to take no action on a report or23
inquiry;
AND24
(j) A
DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE25
HOTLINE SYSTEM THAT CALLS ARE RECORDED THAT IS CONSISTENT WITH26
THE PROCEDURE SET FORTH IN SUBSECTION (3.5)(b) OF THIS SECTION.27
1046
-6- SECTION 4. In Colorado Revised Statutes, add 26-5-118 as1
follows:2
26-5-118. Audit of child welfare system tools - Colorado family3
safety assessment - Colorado family risk assessment - domestic4
violence - intimate partner violence - report - rules - definitions.5
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7 (a) "COERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT8
OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE9
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN FROM10
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE.11
(b) "COLORADO FAMILY RISK ASSESSMENT " MEANS A SYSTEMATIC12
COLLECTION AND ANALYSIS OF INFORMATION ENTERED INTO TRAILS TO13
DETERMINE THE LIKELIHOOD OF FUTURE MALTREATMENT OF A CHILD OR14
YOUTH.15
(c) "COLORADO FAMILY SAFETY ASSESSMENT " MEANS A16
SYSTEMATIC COLLECTION OF INFORMATION ENTERED INTO TRAILS ON17
FAMILY CIRCUMSTANCES TO DETERMINE WHETHER A CHILD IS IN CURRENT18
OR IMPENDING DANGER AND TO ASSIST WITH INFORMED AND RELIABLE19
DECISION-MAKING TO MITIGATE SAFETY CONCERNS .20
(d) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE21
PARTNER VIOLENCE", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN22
ACT, ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,23
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST24
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN25
INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY26
BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A27
1046
-7- NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .1
(e) "TRAILS" MEANS THE STATEWIDE COMPREHENSIVE CHILD2
WELFARE CASE MANAGEMENT SYSTEM .3
(2) (a) (I) N
O LATER THAN JANUARY 15, 2025, THE OFFICE OF THE4
CHILD PROTECTION OMBUDSMAN , ESTABLISHED IN SECTION 19-3.3-102,5
SHALL SELECT AND CONTRACT WITH A THIRD -PARTY EVALUATOR TO6
CONDUCT AN AUDIT ON THE:7
(A) C
OLORADO FAMILY SAFETY ASSESSMENT ; AND8
(B) C
OLORADO FAMILY RISK ASSESSMENT .9
(II) T
HE THIRD-PARTY EVALUATOR SHALL CREATE A REPORT10
SUMMARIZING THE RESULTS OF THE AUDIT .11
(b) I
N CONDUCTING AN AUDIT OF THE COLORADO FAMILY RISK12
ASSESSMENT, THE THIRD-PARTY EVALUATOR, AT A MINIMUM, SHALL:13
(I) I
DENTIFY TOOLS AND RESOURCES TO ENSURE THE ASSESSMENT14
IS CARRIED OUT CONSISTENTLY;15
(II) I
DENTIFY GAPS AND SOLUTIONS TO ENABLE CASEWORKERS TO16
COMPLETE THE ASSESSMENT IN REAL TIME WHILE IN THE FIELD ;17
(III) E
XAMINE THE IMPACTS OF GEOGRAPHY WHEN USING THE18
ASSESSMENT;19
(IV) E
XAMINE THE IMPACTS OF RACE AND ETHNICITY WHEN USING20
THE ASSESSMENT AND HOW THEY IMPACT COMMUNITIES THAT ARE21
OVER-REPRESENTED IN THE CHILD WELFARE SYSTEM ;22
(V) E
VALUATE AND RECOMMEND BEST PRACTICES FOR SHARING23
THE ASSESSMENT WITH FAMILIES , LEGAL PROFESSIONALS, AND THE24
JUDICIAL BRANCH;25
(VI) E
VALUATE AND RECOMMEND BEST PRACTICES FOR TRAINING26
ON THE ASSESSMENT; AND27
1046
-8- (VII) EXAMINE THE ASSESSMENT FOR DOMESTIC VIOLENCE OR1
INTIMATE PARTNER VIOLENCE AND RECOMMEND BEST PRACTICES .2
(c) I
N CONDUCTING AN AUDIT OF THE COLORADO FAMILY SAFETY3
ASSESSMENT, THE THIRD PARTY, AT A MINIMUM, SHALL:4
(I) E
XAMINE THE ISSUES SET FORTH IN SUBSECTIONS (2)(b)(I) TO5
(2)(b)(VII)
OF THIS SECTION;6
(II) S
TUDY THE INTER-RATER RELIABILITY OF THE COLORADO7
FAMILY SAFETY ASSESSMENT; AND8
(III) S
TUDY THE REQUIRED DOCUMENTATION FOR THE PLANNING9
AND REMOVAL OF THE CHILD FROM THE CHILD 'S PRIMARY CAREGIVER.10
(3) O
N OR BEFORE MARCH 1, 2026, THE OFFICE OF THE CHILD11
PROTECTION OMBUDSMAN SHALL SUBMIT THE REPORT DESCRIBED IN12
SUBSECTION (2)(a)(II) OF THIS SECTION TO THE HOUSE OF13
REPRESENTATIVES
HEALTH AND HUMAN SERVICES COMMITTEE AND THE14
SENATE HEALTH AND HUMAN SERVICES COMMITTEE , OR THEIR SUCCESSOR15
COMMITTEES, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES , THE16
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES , THE PRESIDENT OF17
THE SENATE, AND THE MINORITY LEADER OF THE SENATE .18
SECTION 5. Appropriation. For the 2024-25 state fiscal year,19
$109,392 is appropriated to the judicial department for use by the office20
of the child protection ombudsman. This appropriation is from the general21
fund and is based on an assumption that the office will require an22
additional 0.5 FTE. To implement this act, the office may use this23
appropriation for program costs.24
SECTION 6. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety or for appropriations for27
1046
-9- the support and maintenance of the departments of the state and state1
institutions.2
1046
-10-