HOUSE BILL 24-1046
BY REPRESENTATIVE(S) Duran and Evans, Bradley, Froelich, Joseph,
Pugliese, Young, Armagost, Bird, Boesenecker, Brown, Clifford,
Daugherty, deGruy Kennedy, Hamrick, Herod, Jodeh, Kipp, Lieder,
Lindsay, Marshall, Marvin, McLachlan, Ricks, Sirota, Snyder, Titone,
Valdez, Woodrow, McCluskie;
also SENATOR(S) Kolker and Kirkmeyer, Fields, Michaelson Jenet,
Zenzinger, Bridges, Buckner, Cutter, Hinrichsen, Priola.
C
ONCERNING MEASURES TO ENHANCE CHILD WELFARE SYSTEM TOOLS , AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) The reporting and prevention of child abuse is a matter of public
concern;
(b) It is the intent of the general assembly to protect the best
interests of the children of Colorado and offer protective services to prevent
further harm to children suffering from child abuse;
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. (c) The protection of children requires the most up-to-date tools,
assessment criteria, and resources for the state department of human
services and participating counties;
(d) An audit of the tools used to report and track child abuse is
prudent and necessary. This includes a thorough audit of the appropriate
language used, best practices, and assessing risk factors in the home,
directly or indirectly, that may cause children harm.
(e) Research indicates that if domestic violence or intimate partner
violence is present in the home, both survivors of domestic violence or
intimate partner violence and their children are at the highest risk after a
critical event, such as reporting abuse in the home.
(2) The general assembly finds, therefore, that it is the obligation of
the state to ensure individuals involved in assessing reports of child abuse
and domestic violence or intimate partner violence have access to
appropriate tools and resources. The processes outlined in this bill address
this matter of public concern.
SECTION 2. In Colorado Revised Statutes, 19-3-307, add (2)(c.5)
and (5) as follows:
19-3-307. Reporting procedures. (2) Reports of known or
suspected child abuse or neglect made pursuant to this article 3 must include
the following information whenever possible:
(c.5) A
NY EVIDENCE OF KNOWN DOMESTIC VIOLENCE OR INTIMATE
PARTNER VIOLENCE IN THE CHILD
'S HOME, INCLUDING ANY EVIDENCE OF
PREVIOUS CASES OF KNOWN DOMESTIC VIOLENCE OR INTIMATE PARTNER
VIOLENCE IN THE CHILD
'S HOME;
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OERCION" MEANS COMPELLING A PERSON BY FORCE , THREAT
OF FORCE
, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
, OR TO ABSTAIN FROM
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
.
PAGE 2-HOUSE BILL 24-1046 (b) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
PARTNER VIOLENCE
" MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
INVOLVED IN AN INTIMATE RELATIONSHIP
. A SEXUAL RELATIONSHIP MAY BE
AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
.
SECTION 3. In Colorado Revised Statutes, 26-5-111, amend
(4)(h) and (4)(i); and add (2)(a.5), (2)(a.6), (3.5), (3.7), and (4)(j) as
follows:
26-5-111. Statewide child abuse reporting hotline system - child
abuse hotline steering committee - screening questions for hotline
system operators and county departments - rules on consistent
processes in response to reports and inquiries for information -
legislative declaration - definitions. (2) As used in this section, unless the
context otherwise requires:
(a.5) "C
OERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT
OF FORCE
, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
, OR TO ABSTAIN FROM
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
.
(a.6) "D
OMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
PARTNER VIOLENCE
", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
INVOLVED IN AN INTIMATE RELATIONSHIP
. A SEXUAL RELATIONSHIP MAY BE
AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
.
(3.5) (a) T
HE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT
A CONSISTENT SCREENING PROCESS FOR A COUNTY DEPARTMENT TO FOLLOW
,
WHENEVER POSSIBLE, WHILE RESPONDING TO A REPORT OR INQUIRY
SUBMITTED TO THE STATEWIDE CHILD ABUSE REPORTING HOTLINE SYSTEM
.
T
HE SCREENING PROCESS MUST INCLUDE QUESTIONS ABOUT DOMESTIC
VIOLENCE OR INTIMATE PARTNER VIOLENCE
.
PAGE 3-HOUSE BILL 24-1046 (b) THE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A
DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE STATEWIDE CHILD
ABUSE REPORTING HOTLINE SYSTEM THAT CALLS ARE RECORDED
.
(3.7) (a) T
HE STATE DEPARTMENT SHALL REVIEW THE SCREENING
PROCESS USED BY COUNTY DEPARTMENTS AND HOTLINE SYSTEM OPERATORS
TO
:
(I) D
ETERMINE 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 THIS DEMOGRAPHIC INFORMATION
, WHICH MUST INCLUDE
OPPORTUNITIES TO UPDATE THE INFORMATION IN
TRAILS, AS DEFINED IN
SECTION
26-5-118;
(II) U
NDERSTAND THE TYPES OF QUESTIONS ASKED DURING THE
SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND
RECOMMEND QUESTIONS THAT REFLECT BEST PRACTICES AND CULTURAL
COMPETENCY
; AND
(III) UNDERSTAND THE SEQUENCE OF QUESTIONS ASKED DURING THE
SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND
RECOMMEND A SEQUENCE OF QUESTIONS THAT BETTER REFLECTS BEST
PRACTICES
.
(b) T
HE STATE DEPARTMENT SHALL IMPLEMENT THE RECOMMENDED
BEST PRACTICES DESCRIBED IN SUBSECTION
(3.7)(a) OF THIS SECTION.
(4) The state board is authorized to adopt rules, based upon the
recommendations of the child abuse hotline steering committee, and may
revise rules, as necessary, including but not limited to the following:
(h) A consistent screening process with criteria and steps for the
county department to follow in responding to a report or inquiry and
THAT
IS CONSISTENT WITH THE PROCESS SET FORTH IN SUBSECTIONS
(3.5)(a) AND
(3.7)(a) OF THIS SECTION;
(i) Rules establishing a consistent decision-making process with
criteria and steps for the county department to follow when deciding how
to act on a report or inquiry or when to take no action on a report or inquiry;
PAGE 4-HOUSE BILL 24-1046 AND
(j) A DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE
HOTLINE SYSTEM THAT CALLS ARE RECORDED THAT IS CONSISTENT WITH THE
PROCEDURE SET FORTH IN SUBSECTION
(3.5)(b) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, add 26-5-118 as
follows:
26-5-118. Audit of child welfare system tools - Colorado family
safety assessment - Colorado family risk assessment - domestic violence
- intimate partner violence - report - rules - definitions. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
OERCION" MEANS COMPELLING A PERSON BY FORCE , THREAT
OF FORCE
, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
, OR TO ABSTAIN FROM
CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
.
(b) "C
OLORADO FAMILY RISK ASSESSMENT " MEANS A SYSTEMATIC
COLLECTION AND ANALYSIS OF INFORMATION ENTERED INTO
TRAILS TO
DETERMINE THE LIKELIHOOD OF FUTURE MALTREATMENT OF A CHILD OR
YOUTH
.
(c) "C
OLORADO FAMILY SAFETY ASSESSMENT " MEANS A SYSTEMATIC
COLLECTION OF INFORMATION ENTERED INTO
TRAILS ON FAMILY
CIRCUMSTANCES TO DETERMINE WHETHER A CHILD IS IN CURRENT OR
IMPENDING DANGER AND TO ASSIST WITH INFORMED AND RELIABLE
DECISION
-MAKING TO MITIGATE SAFETY CONCERNS .
(d) "D
OMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
PARTNER VIOLENCE
", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
INVOLVED IN AN INTIMATE RELATIONSHIP
. A SEXUAL RELATIONSHIP MAY BE
AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
.
(e) "TRAILS"
MEANS THE STATEWIDE COMPREHENSIVE CHILD
PAGE 5-HOUSE BILL 24-1046 WELFARE CASE MANAGEMENT SYSTEM .
(2) (a) (I) N
O LATER THAN JANUARY 15, 2025, THE OFFICE OF THE
CHILD PROTECTION OMBUDSMAN
, ESTABLISHED IN SECTION 19-3.3-102,
SHALL SELECT AND CONTRACT WITH A THIRD -PARTY EVALUATOR TO
CONDUCT AN AUDIT ON THE
:
(A) C
OLORADO FAMILY SAFETY ASSESSMENT ; AND
(B) COLORADO FAMILY RISK ASSESSMENT .
(II) T
HE THIRD-PARTY EVALUATOR SHALL CREATE A REPORT
SUMMARIZING THE RESULTS OF THE AUDIT
.
(b) I
N CONDUCTING AN AUDIT OF THE COLORADO FAMILY RISK
ASSESSMENT
, THE THIRD-PARTY EVALUATOR, AT A MINIMUM, SHALL:
(I) I
DENTIFY TOOLS AND RESOURCES TO ENSURE THE ASSESSMENT IS
CARRIED OUT CONSISTENTLY
;
(II) I
DENTIFY GAPS AND SOLUTIONS TO ENABLE CASEWORKERS TO
COMPLETE THE ASSESSMENT IN REAL TIME WHILE IN THE FIELD
;
(III) E
XAMINE THE IMPACTS OF GEOGRAPHY WHEN USING THE
ASSESSMENT
;
(IV) E
XAMINE THE IMPACTS OF RACE AND ETHNICITY WHEN USING
THE ASSESSMENT AND HOW THEY IMPACT COMMUNITIES THAT ARE
OVER
-REPRESENTED IN THE CHILD WELFARE SYSTEM ;
(V) E
VALUATE AND RECOMMEND BEST PRACTICES FOR SHARING THE
ASSESSMENT WITH FAMILIES
, LEGAL PROFESSIONALS, AND THE JUDICIAL
BRANCH
;
(VI) E
VALUATE AND RECOMMEND BEST PRACTICES FOR TRAINING ON
THE ASSESSMENT
; AND
(VII) EXAMINE THE ASSESSMENT FOR DOMESTIC VIOLENCE OR
INTIMATE PARTNER VIOLENCE AND RECOMMEND BEST PRACTICES
.
PAGE 6-HOUSE BILL 24-1046 (c) IN CONDUCTING AN AUDIT OF THE COLORADO FAMILY SAFETY
ASSESSMENT
, THE THIRD PARTY, AT A MINIMUM, SHALL:
(I) E
XAMINE THE ISSUES SET FORTH IN SUBSECTIONS (2)(b)(I) TO
(2)(b)(VII) OF THIS SECTION;
(II) S
TUDY THE INTER-RATER RELIABILITY OF THE COLORADO
FAMILY SAFETY ASSESSMENT
; AND
(III) STUDY THE REQUIRED DOCUMENTATION FOR THE PL ANNING AND
REMOVAL OF THE CHILD FROM THE CHILD
'S PRIMARY CAREGIVER.
(3) O
N OR BEFORE MARCH 1, 2026, THE OFFICE OF THE CHILD
PROTECTION OMBUDSMAN SHALL SUBMIT THE REPORT DESCRIBED IN
SUBSECTION
(2)(a)(II) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES
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
.
SECTION 5. Appropriation. For the 2024-25 state fiscal year,
$109,392 is appropriated to the judicial department for use by the office of
the child protection ombudsman. This appropriation is from the general
fund and is based on an assumption that the office will require an additional
0.5 FTE. To implement this act, the office may use this appropriation for
program costs.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-HOUSE BILL 24-1046 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 8-HOUSE BILL 24-1046