Colorado 2024 Regular Session

Colorado House Bill HB1046 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0347.01 Alana Rosen x2606
1	8		HOUSE BILL 24-1046
2		-	BY REPRESENTATIVE(S) Duran and Evans, Bradley, Froelich, Joseph,
3		-	Pugliese, Young, Armagost, Bird, Boesenecker, Brown, Clifford,
4		-	Daugherty, deGruy Kennedy, Hamrick, Herod, Jodeh, Kipp, Lieder,
5		-	Lindsay, Marshall, Marvin, McLachlan, Ricks, Sirota, Snyder, Titone,
6		-	Valdez, Woodrow, McCluskie;
7		-	also SENATOR(S) Kolker and Kirkmeyer, Fields, Michaelson Jenet,
8		-	Zenzinger, Bridges, Buckner, Cutter, Hinrichsen, Priola.
	9	+	House Committees Senate Committees
	10	+	Health & Human Services Health & Human Services
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO ENHANCE CHILD WELFARE SYSTEM TOOLS , AND,
11		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds and declares that:
16		-	(a) The reporting and prevention of child abuse is a matter of public
17		-	concern;
18		-	(b) It is the intent of the general assembly to protect the best
19		-	interests of the children of Colorado and offer protective services to prevent
20		-	further harm to children suffering from child abuse;
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (c) The protection of children requires the most up-to-date tools,
29		-	assessment criteria, and resources for the state department of human
30		-	services and participating counties;
31		-	(d) An audit of the tools used to report and track child abuse is
32		-	prudent and necessary. This includes a thorough audit of the appropriate
33		-	language used, best practices, and assessing risk factors in the home,
34		-	directly or indirectly, that may cause children harm.
35		-	(e) Research indicates that if domestic violence or intimate partner
36		-	violence is present in the home, both survivors of domestic violence or
37		-	intimate partner violence and their children are at the highest risk after a
38		-	critical event, such as reporting abuse in the home.
39		-	(2) The general assembly finds, therefore, that it is the obligation of
40		-	the state to ensure individuals involved in assessing reports of child abuse
41		-	and domestic violence or intimate partner violence have access to
42		-	appropriate tools and resources. The processes outlined in this bill address
43		-	this matter of public concern.
44		-	SECTION 2. In Colorado Revised Statutes, 19-3-307, add (2)(c.5)
45		-	and (5) as follows:
46		-	19-3-307. Reporting procedures. (2) Reports of known or
47		-	suspected child abuse or neglect made pursuant to this article 3 must include
48		-	the following information whenever possible:
	14	+	ONCERNING MEASURES TO ENH ANCE CHILD WELFARE SYSTEM
	15	+	TOOLS,101
	16	+	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. 102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov/.)
	23	+	Colorado's Child Welfare System Interim Study Committee.
	24	+	Current law requires mandatory reporters to include certain information
	25	+	when reporting child abuse or neglect to the mandatory reporter's county
	26	+	department, local law enforcement, or through the statewide child abuse
	27	+	reporting hotline system (hotline system). The bill requires a mandatory
	28	+	reporter to report any evidence of known or suspected domestic violence
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 6, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 4, 2024
	35	+	HOUSE
	36	+	Amended 3rd Reading
	37	+	March 4, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	March 1, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Duran and Evans, Bradley, Froelich, Joseph, Pugliese, Young, Armagost, Bird,
	43	+	Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Hamrick, Herod, Jodeh, Kipp,
	44	+	Lieder, Lindsay, Marshall, Marvin, McCluskie, McLachlan, Ricks, Sirota, Snyder, Titone,
	45	+	Valdez, Woodrow
	46	+	SENATE SPONSORSHIP
	47	+	Kolker and Kirkmeyer, Fields, Michaelson Jenet, Zenzinger, Bridges, Buckner, Cutter,
	48	+	Hinrichsen, Priola
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. in the child's home, including any evidence of previous cases of known
	52	+	or suspected domestic violence in the child's home.
	53	+	The bill requires the state department of human services (state
	54	+	department) to develop and implement a consistent screening process for
	55	+	a county department to follow, when possible, in responding to a report
	56	+	or inquiry to the hotline system. The screening process must include
	57	+	questions about domestic violence. The state department is required to
	58	+	develop and implement a disclosure procedure that notifies callers to the
	59	+	hotline system that calls are recorded.
	60	+	The state department is also required to review the screening
	61	+	process used by county departments and hotline system operators to:
	62	+	! Determine race; ethnicity; disability status; LGBTQ
	63	+	identity, if applicable; and English proficiency in a
	64	+	screening report and recommend a process for improving
	65	+	the accuracy of determining the demographic information,
	66	+	which must include opportunities to update the TRAILS
	67	+	statewide case management system;
	68	+	! Understand the types of questions asked during the
	69	+	screening process to determine demographic information;
	70	+	and
	71	+	! Understand the sequence of questions asked during a
	72	+	screening process to determine demographic information.
	73	+	The state department shall recommend and implement a screening
	74	+	process procedure to determine demographic information that reflects
	75	+	best practices and cultural competencies.
	76	+	No later than January 15, 2025, the office of the child protection
	77	+	ombudsman (ombudsman) shall select a third-party evaluator to conduct
	78	+	an audit on the Colorado family safety assessment and the Colorado
	79	+	family risk assessment. The third-party evaluator shall create a report
	80	+	summarizing the results of the audit. On or before March 1, 2026, the
	81	+	ombudsman is required to submit the audit report to the house of
	82	+	representatives public and behavioral health and human services
	83	+	committee and the senate health and human services committee, or their
	84	+	successor committees, the speaker of the house of representatives, the
	85	+	minority leader of the house of representatives, the president of the
	86	+	senate, and the minority leader of the senate.
	87	+	Be it enacted by the General Assembly of the State of Colorado:1
	88	+	SECTION 1. Legislative declaration. (1) The general assembly2
	89	+	finds and declares that:3
	90	+	(a) The reporting and prevention of child abuse is a matter of4
	91	+	1046-2- public concern;1
	92	+	(b) It is the intent of the general assembly to protect the best2
	93	+	interests of the children of Colorado and offer protective services to3
	94	+	prevent further harm to children suffering from child abuse;4
	95	+	(c) The protection of children requires the most up-to-date tools,5
	96	+	assessment criteria, and resources for the state department of human6
	97	+	services and participating counties;7
	98	+	(d) An audit of the tools used to report and track child abuse is8
	99	+	prudent and necessary. This includes a thorough audit of the appropriate9
	100	+	language used, best practices, and assessing risk factors in the home,10
	101	+	directly or indirectly, that may cause children harm.11
	102	+	(e) Research indicates that if domestic violence or intimate partner12
	103	+	violence is present in the home, both survivors of domestic violence or13
	104	+	intimate partner violence and their children are at the highest risk after a14
	105	+	critical event, such as reporting abuse in the home.15
	106	+	(2) The general assembly finds, therefore, that it is the obligation16
	107	+	of the state to ensure individuals involved in assessing reports of child17
	108	+	abuse and domestic violence or intimate partner violence have access to18
	109	+	appropriate tools and resources. The processes outlined in this bill address19
	110	+	this matter of public concern.20
	111	+	SECTION 2. In Colorado Revised Statutes, 19-3-307, add21
	112	+	(2)(c.5) and (5) as follows:22
	113	+	19-3-307. Reporting procedures. (2) Reports of known or23
	114	+	suspected child abuse or neglect made pursuant to this article 3 must24
	115	+	include the following information whenever possible:25
49	116		(c.5) A
50		-	NY EVIDENCE OF KNOWN DOMESTIC VIOLENCE OR INTIMATE
51		-	PARTNER VIOLENCE IN THE CHILD
52		-	'S HOME, INCLUDING ANY EVIDENCE OF
53		-	PREVIOUS CASES OF KNOWN DOMESTIC VIOLENCE OR INTIMATE PARTNER
54		-	VIOLENCE IN THE CHILD
55		-	'S HOME;
56		-	(5) A
57		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
58		-	REQUIRES
59		-	:
60		-	(a) "C
61		-	OERCION" MEANS COMPELLING A PERSON BY FORCE , THREAT
62		-	OF FORCE
63		-	, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
64		-	PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
65		-	, OR TO ABSTAIN FROM
66		-	CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
67		-	.
68		-	PAGE 2-HOUSE BILL 24-1046 (b) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
69		-	PARTNER VIOLENCE
70		-	" MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
71		-	ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
72		-	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
73		-	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
74		-	INVOLVED IN AN INTIMATE RELATIONSHIP
75		-	. A SEXUAL RELATIONSHIP MAY BE
76		-	AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
77		-	CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
78		-	.
79		-	SECTION 3. In Colorado Revised Statutes, 26-5-111, amend
80		-	(4)(h) and (4)(i); and add (2)(a.5), (2)(a.6), (3.5), (3.7), and (4)(j) as
81		-	follows:
82		-	26-5-111. Statewide child abuse reporting hotline system - child
83		-	abuse hotline steering committee - screening questions for hotline
84		-	system operators and county departments - rules on consistent
85		-	processes in response to reports and inquiries for information -
86		-	legislative declaration - definitions. (2) As used in this section, unless the
87		-	context otherwise requires:
88		-	(a.5) "C
89		-	OERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT
90		-	OF FORCE
91		-	, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
92		-	PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
93		-	, OR TO ABSTAIN FROM
94		-	CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
95		-	.
96		-	(a.6) "D
97		-	OMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
98		-	PARTNER VIOLENCE
99		-	", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
100		-	ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
101		-	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
102		-	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
103		-	INVOLVED IN AN INTIMATE RELATIONSHIP
104		-	. A SEXUAL RELATIONSHIP MAY BE
105		-	AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
106		-	CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
107		-	.
108		-	(3.5) (a) T
109		-	HE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT
110		-	A CONSISTENT SCREENING PROCESS FOR A COUNTY DEPARTMENT TO FOLLOW
111		-	,
112		-	WHENEVER POSSIBLE, WHILE RESPONDING TO A REPORT OR INQUIRY
113		-	SUBMITTED TO THE STATEWIDE CHILD ABUSE REPORTING HOTLINE SYSTEM
114		-	.
115		-	T
116		-	HE SCREENING PROCESS MUST INCLUDE QUESTIONS ABOUT DOMESTIC
117		-	VIOLENCE OR INTIMATE PARTNER VIOLENCE
118		-	.
119		-	PAGE 3-HOUSE BILL 24-1046 (b) THE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A
120		-	DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE STATEWIDE CHILD
121		-	ABUSE REPORTING HOTLINE SYSTEM THAT CALLS ARE RECORDED
122		-	.
	117	+	NY EVIDENCE OF KNOWN
	118	+	DOMESTIC VIOLENCE OR26
	119	+	INTIMATE PARTNER VIOLENCE IN THE CHILD'S HOME, INCLUDING ANY27
	120	+	1046
	121	+	-3- EVIDENCE OF PREVIOUS CASES OF KNOWN DOMESTIC VIOLENCE OR1
	122	+	INTIMATE PARTNER VIOLENCE IN THE CHILD 'S HOME;2
	123	+	(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
	124	+	REQUIRES:4
	125	+	(a) "COERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT5
	126	+	OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE6
	127	+	PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN FROM7
	128	+	CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE .8
	129	+	(b) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS OR "INTIMATE9
	130	+	PARTNER VIOLENCE" MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,10
	131	+	ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,11
	132	+	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST12
	133	+	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN13
	134	+	INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY14
	135	+	BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A15
	136	+	NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .16
	137	+	SECTION 3. In Colorado Revised Statutes, 26-5-111, amend17
	138	+	(4)(h) and (4)(i); and add (2)(a.5), (2)(a.6), (3.5), (3.7), and (4)(j) as18
	139	+	follows:19
	140	+	26-5-111. Statewide child abuse reporting hotline system -20
	141	+	child abuse hotline steering committee - screening questions for21
	142	+	hotline system operators and county departments - rules on22
	143	+	consistent processes in response to reports and inquiries for23
	144	+	information - legislative declaration - definitions. (2) As used in this24
	145	+	section, unless the context otherwise requires:25
	146	+	(a.5) "COERCION" MEANS COMPELLING A PERSON BY FORCE,26
	147	+	THREAT OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH27
	148	+	1046
	149	+	-4- THE PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN1
	150	+	FROM CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO2
	151	+	ENGAGE.3
	152	+	(a.6) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE4
	153	+	PARTNER VIOLENCE", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN5
	154	+	ACT, ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,6
	155	+	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST7
	156	+	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN8
	157	+	INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY9
	158	+	BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A10
	159	+	NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .11
	160	+	(3.5) (a) THE STATE DEPARTMENT SHALL DEVELOP AND12
	161	+	IMPLEMENT A CONSISTENT SCREENING PROCESS FOR A COUNTY13
	162	+	DEPARTMENT TO FOLLOW , WHENEVER POSSIBLE, WHILE RESPONDING TO A14
	163	+	REPORT OR INQUIRY SUBMITTED TO THE STATEWIDE CHILD ABUSE15
	164	+	REPORTING HOTLINE SYSTEM . THE SCREENING PROCESS MUST INCLUDE16
	165	+	QUESTIONS ABOUT DOMESTIC VIOLENCE OR INTIMATE PARTNER VIOLENCE .17
	166	+	(b) T
	167	+	HE STATE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A18
	168	+	DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE STATEWIDE19
	169	+	CHILD ABUSE REPORTING HOTLINE SYSTEM THAT CALLS ARE RECORDED .20
123	170		(3.7) (a) T
124		-	HE STATE DEPARTMENT SHALL REVIEW THE SCREENING
125		-	PROCESS USED BY COUNTY DEPARTMENTS AND HOTLINE SYSTEM OPERATORS
126		-	TO
127		-	:
	171	+	HE STATE DEPARTMENT SHALL REVIEW THE SCREENING21
	172	+	PROCESS USED BY COUNTY DEPARTMENTS AND HOTLINE SYSTEM22
	173	+	OPERATORS TO:23
128	174		(I) D
129		-	ETERMINE RACE; ETHNICITY; DISABILITY STATUS; LGBTQ
130		-	IDENTITY, IF APPLICABLE; AND ENGLISH PROFICIENCY IN A SCREENING
131		-	REPORT AND RECOMMEND A PROCESS FOR IMPROVING THE ACCURACY OF
132		-	DETERMINING THIS DEMOGRAPHIC INFORMATION
133		-	, WHICH MUST INCLUDE
134		-	OPPORTUNITIES TO UPDATE THE INFORMATION IN
135		-	TRAILS, AS DEFINED IN
136		-	SECTION
137		-	26-5-118;
	175	+	ETERMINE RACE; ETHNICITY; DISABILITY STATUS; LGBTQ24
	176	+	IDENTITY, IF APPLICABLE; AND ENGLISH PROFICIENCY IN A SCREENING25
	177	+	REPORT AND RECOMMEND A PROCESS FOR IMPROVING THE ACCURACY OF26
	178	+	DETERMINING THIS DEMOGRAPHIC INFORMATION , WHICH MUST INCLUDE27
	179	+	1046
	180	+	-5- OPPORTUNITIES TO UPDATE THE INFORMATION IN TRAILS, AS DEFINED IN1
	181	+	SECTION 26-5-118;2
138	182		(II) U
139		-	NDERSTAND THE TYPES OF QUESTIONS ASKED DURING THE
140		-	SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND
141		-	RECOMMEND QUESTIONS THAT REFLECT BEST PRACTICES AND CULTURAL
142		-	COMPETENCY
143		-	; AND
144		-	(III) UNDERSTAND THE SEQUENCE OF QUESTIONS ASKED DURING THE
145		-	SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND
146		-	RECOMMEND A SEQUENCE OF QUESTIONS THAT BETTER REFLECTS BEST
147		-	PRACTICES
148		-	.
	183	+	NDERSTAND THE TYPES OF QUESTIONS ASKED DURING THE3
	184	+	SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND4
	185	+	RECOMMEND QUESTIONS THAT REFLECT BEST PRACTICES AND CULTURAL5
	186	+	COMPETENCY; AND6
	187	+	(III) U
	188	+	NDERSTAND THE SEQUENCE OF QUESTIONS ASKED DURING7
	189	+	THE SCREENING PROCESS TO DETERMINE DEMOGRAPHIC INFORMATION AND8
	190	+	RECOMMEND A SEQUENCE OF QUESTIONS THAT BETTER REFLECTS BEST9
	191	+	PRACTICES.10
149	192		(b) T
150		-	HE STATE DEPARTMENT SHALL IMPLEMENT ~~THE RECOMMENDED~~
151		-	BEST PRACTICES DESCRIBED IN SUBSECTION
152		-	~~(3.7)(a) OF~~ THIS SECTION.
153		-	(4) The state board is authorized to adopt rules, based upon ~~the~~
154		-	recommendations of the child abuse hotline steering committee, and ~~may~~
155		-	revise rules, as necessary, including but not limited to the following:
156		-	(h) A consistent screening process with criteria and steps for ~~the~~
	193	+	HE STATE DEPARTMENT SHALL IMPLEMENT THE11
	194	+	RECOMMENDED BEST PRACTICES DESCRIBED IN SUBSECTION (3.7)(a) OF12
	195	+	THIS SECTION.13
	196	+	(4) The state board is authorized to adopt rules, based upon the14
	197	+	recommendations of the child abuse hotline steering committee, and may15
	198	+	revise rules, as necessary, including but not limited to the following:16
	199	+	(h) A consistent screening process with criteria and steps for the17
157	200		county department to follow in responding to a report or inquiry and
158		-	THAT
159		-	IS CONSISTENT WITH THE PROCESS SET FORTH IN SUBSECTIONS
160		-	(3.5)(a) AND
161		-	(3.7)(a) OF THIS SECTION;
162		-	(i) Rules establishing a consistent decision-making process with
163		-	criteria and steps for the county department to follow when deciding how
164		-	to act on a report or inquiry or when to take no action on a report or inquiry;
165		-	PAGE 4-HOUSE BILL 24-1046 AND
166		-	(j) A DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE
167		-	HOTLINE SYSTEM THAT CALLS ARE RECORDED THAT IS CONSISTENT WITH THE
168		-	PROCEDURE SET FORTH IN SUBSECTION
169		-	(3.5)(b) OF THIS SECTION.
170		-	SECTION 4. In Colorado Revised Statutes, add 26-5-118 as
171		-	follows:
172		-	26-5-118. Audit of child welfare system tools - Colorado family
173		-	safety assessment - Colorado family risk assessment - domestic violence
174		-	- intimate partner violence - report - rules - definitions. (1) A
175		-	S USED IN
176		-	THIS SECTION
177		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
178		-	(a) "C
179		-	OERCION" MEANS COMPELLING A PERSON BY FORCE , THREAT
180		-	OF FORCE
181		-	, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE
182		-	PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN
183		-	, OR TO ABSTAIN FROM
184		-	CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE
185		-	.
186		-	(b) "C
187		-	OLORADO FAMILY RISK ASSESSMENT " MEANS A SYSTEMATIC
188		-	COLLECTION AND ANALYSIS OF INFORMATION ENTERED INTO
189		-	TRAILS TO
190		-	DETERMINE THE LIKELIHOOD OF FUTURE MALTREATMENT OF A CHILD OR
191		-	YOUTH
192		-	.
193		-	(c) "C
194		-	OLORADO FAMILY SAFETY ASSESSMENT " MEANS A SYSTEMATIC
195		-	COLLECTION OF INFORMATION ENTERED INTO
196		-	TRAILS ON FAMILY
197		-	CIRCUMSTANCES TO DETERMINE WHETHER A CHILD IS IN CURRENT OR
198		-	IMPENDING DANGER AND TO ASSIST WITH INFORMED AND RELIABLE
199		-	DECISION
200		-	-MAKING TO MITIGATE SAFETY CONCERNS .
201		-	(d) "D
202		-	OMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE
203		-	PARTNER VIOLENCE
204		-	", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN ACT ,
205		-	ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE , STALKING,
206		-	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST
207		-	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN
208		-	INVOLVED IN AN INTIMATE RELATIONSHIP
209		-	. A SEXUAL RELATIONSHIP MAY BE
210		-	AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A NECESSARY
211		-	CONDITION FOR FINDING AN INTIMATE RELATIONSHIP
212		-	.
213		-	(e) "TRAILS"
214		-	MEANS THE STATEWIDE COMPREHENSIVE CHILD
215		-	PAGE 5-HOUSE BILL 24-1046 WELFARE CASE MANAGEMENT SYSTEM .
	201	+	THAT18
	202	+	IS CONSISTENT WITH THE PROCESS SET FORTH IN SUBSECTIONS (3.5)(a)19
	203	+	AND (3.7)(a) OF THIS SECTION;20
	204	+	(i) Rules establishing a consistent decision-making process with21
	205	+	criteria and steps for the county department to follow when deciding how22
	206	+	to act on a report or inquiry or when to take no action on a report or23
	207	+	inquiry;
	208	+	AND24
	209	+	(j) A
	210	+	DISCLOSURE PROCEDURE THAT NOTIFIES CALLERS TO THE25
	211	+	HOTLINE SYSTEM THAT CALLS ARE RECORDED THAT IS CONSISTENT WITH26
	212	+	THE PROCEDURE SET FORTH IN SUBSECTION (3.5)(b) OF THIS SECTION.27
	213	+	1046
	214	+	-6- SECTION 4. In Colorado Revised Statutes, add 26-5-118 as1
	215	+	follows:2
	216	+	26-5-118. Audit of child welfare system tools - Colorado family3
	217	+	safety assessment - Colorado family risk assessment - domestic4
	218	+	violence - intimate partner violence - report - rules - definitions.5
	219	+	(1) A
	220	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
	221	+	REQUIRES:7 (a) "COERCION" MEANS COMPELLING A PERSON BY FORCE, THREAT8
	222	+	OF FORCE, OR INTIMIDATION TO ENGAGE IN CONDUCT FROM WHICH THE9
	223	+	PERSON HAS THE RIGHT OR PRIVILEGE TO ABSTAIN, OR TO ABSTAIN FROM10
	224	+	CONDUCT IN WHICH THE PERSON HAS THE RIGHT OR PRIVILEGE TO ENGAGE.11
	225	+	(b) "COLORADO FAMILY RISK ASSESSMENT " MEANS A SYSTEMATIC12
	226	+	COLLECTION AND ANALYSIS OF INFORMATION ENTERED INTO TRAILS TO13
	227	+	DETERMINE THE LIKELIHOOD OF FUTURE MALTREATMENT OF A CHILD OR14
	228	+	YOUTH.15
	229	+	(c) "COLORADO FAMILY SAFETY ASSESSMENT " MEANS A16
	230	+	SYSTEMATIC COLLECTION OF INFORMATION ENTERED INTO TRAILS ON17
	231	+	FAMILY CIRCUMSTANCES TO DETERMINE WHETHER A CHILD IS IN CURRENT18
	232	+	OR IMPENDING DANGER AND TO ASSIST WITH INFORMED AND RELIABLE19
	233	+	DECISION-MAKING TO MITIGATE SAFETY CONCERNS .20
	234	+	(d) "DOMESTIC VIOLENCE", COMMONLY KNOWN AS "INTIMATE21
	235	+	PARTNER VIOLENCE", MEANS A PATTERN OF VIOLENT BEHAVIOR OR AN22
	236	+	ACT, ATTEMPTED ACT, OR PERCEIVED THREAT OF VIOLENCE, STALKING,23
	237	+	HARASSMENT, OR COERCION THAT IS COMMITTED BY A PERSON AGAINST24
	238	+	ANOTHER PERSON WITH WHOM THE ACTOR IS INVOLVED OR HAS BEEN25
	239	+	INVOLVED IN AN INTIMATE RELATIONSHIP. A SEXUAL RELATIONSHIP MAY26
	240	+	BE AN INDICATOR OF AN INTIMATE RELATIONSHIP BUT IS NEVER A27
	241	+	1046
	242	+	-7- NECESSARY CONDITION FOR FINDING AN INTIMATE RELATIONSHIP .1
	243	+	(e) "TRAILS" MEANS THE STATEWIDE COMPREHENSIVE CHILD2
	244	+	WELFARE CASE MANAGEMENT SYSTEM .3
216	245		(2) (a) (I) N
217		-	O LATER THAN JANUARY 15, 2025, THE OFFICE OF THE
218		-	CHILD PROTECTION OMBUDSMAN
219		-	, ESTABLISHED IN SECTION 19-3.3-102,
220		-	SHALL SELECT AND CONTRACT WITH A THIRD -PARTY EVALUATOR TO
221		-	CONDUCT AN AUDIT ON THE
222		-	:
	246	+	O LATER THAN JANUARY 15, 2025, THE OFFICE OF THE4
	247	+	CHILD PROTECTION OMBUDSMAN , ESTABLISHED IN SECTION 19-3.3-102,5
	248	+	SHALL SELECT AND CONTRACT WITH A THIRD -PARTY EVALUATOR TO6
	249	+	CONDUCT AN AUDIT ON THE:7
223	250		(A) C
224		-	OLORADO FAMILY SAFETY ASSESSMENT ; AND
225		-	(B) COLORADO FAMILY RISK ASSESSMENT .
	251	+	OLORADO FAMILY SAFETY ASSESSMENT ; AND8
	252	+	(B) C
	253	+	OLORADO FAMILY RISK ASSESSMENT .9
226	254		(II) T
227		-	HE THIRD-PARTY EVALUATOR SHALL CREATE A REPORT
228		-	SUMMARIZING THE RESULTS OF THE AUDIT
229		-	.
	255	+	HE THIRD-PARTY EVALUATOR SHALL CREATE A REPORT10
	256	+	SUMMARIZING THE RESULTS OF THE AUDIT .11
230	257		(b) I
231		-	N CONDUCTING AN AUDIT OF THE COLORADO FAMILY RISK
232		-	ASSESSMENT
233		-	, THE THIRD-PARTY EVALUATOR, AT A MINIMUM, SHALL:
	258	+	N CONDUCTING AN AUDIT OF THE COLORADO FAMILY RISK12
	259	+	ASSESSMENT, THE THIRD-PARTY EVALUATOR, AT A MINIMUM, SHALL:13
234	260		(I) I
235		-	DENTIFY TOOLS AND RESOURCES TO ENSURE THE ASSESSMENT IS
236		-	CARRIED OUT CONSISTENTLY
237		-	;
	261	+	DENTIFY TOOLS AND RESOURCES TO ENSURE THE ASSESSMENT14
	262	+	IS CARRIED OUT CONSISTENTLY;15
238	263		(II) I
239		-	DENTIFY GAPS AND SOLUTIONS TO ENABLE CASEWORKERS TO
240		-	COMPLETE THE ASSESSMENT IN REAL TIME WHILE IN THE FIELD
241		-	;
	264	+	DENTIFY GAPS AND SOLUTIONS TO ENABLE CASEWORKERS TO16
	265	+	COMPLETE THE ASSESSMENT IN REAL TIME WHILE IN THE FIELD ;17
242	266		(III) E
243		-	XAMINE THE IMPACTS OF GEOGRAPHY WHEN USING THE
244		-	ASSESSMENT
245		-	;
	267	+	XAMINE THE IMPACTS OF GEOGRAPHY WHEN USING THE18
	268	+	ASSESSMENT;19
246	269		(IV) E
247		-	XAMINE THE IMPACTS OF RACE AND ETHNICITY WHEN USING
248		-	THE ASSESSMENT AND HOW THEY IMPACT COMMUNITIES THAT ARE
249		-	OVER
250		-	-REPRESENTED IN THE CHILD WELFARE SYSTEM ;
	270	+	XAMINE THE IMPACTS OF RACE AND ETHNICITY WHEN USING20
	271	+	THE ASSESSMENT AND HOW THEY IMPACT COMMUNITIES THAT ARE21
	272	+	OVER-REPRESENTED IN THE CHILD WELFARE SYSTEM ;22
251	273		(V) E
252		-	VALUATE AND RECOMMEND BEST PRACTICES FOR SHARING THE
253		-	ASSESSMENT WITH FAMILIES
254		-	, LEGAL PROFESSIONALS, AND THE JUDICIAL
255		-	BRANCH
256		-	;
	274	+	VALUATE AND RECOMMEND BEST PRACTICES FOR SHARING23
	275	+	THE ASSESSMENT WITH FAMILIES , LEGAL PROFESSIONALS, AND THE24
	276	+	JUDICIAL BRANCH;25
257	277		(VI) E
258		-	VALUATE AND RECOMMEND BEST PRACTICES FOR TRAINING ON
259		-	THE ASSESSMENT
260		-	; AND
261		-	(VII) EXAMINE THE ASSESSMENT FOR DOMESTIC VIOLENCE OR
262		-	INTIMATE PARTNER VIOLENCE AND RECOMMEND BEST PRACTICES
263		-	.
264		-	PAGE 6-HOUSE BILL 24-1046 (c) IN CONDUCTING AN AUDIT OF THE COLORADO FAMILY SAFETY
265		-	ASSESSMENT
266		-	, THE THIRD PARTY, AT A MINIMUM, SHALL:
	278	+	VALUATE AND RECOMMEND BEST PRACTICES FOR TRAINING26
	279	+	ON THE ASSESSMENT; AND27
	280	+	1046
	281	+	-8- (VII) EXAMINE THE ASSESSMENT FOR DOMESTIC VIOLENCE OR1
	282	+	INTIMATE PARTNER VIOLENCE AND RECOMMEND BEST PRACTICES .2
	283	+	(c) I
	284	+	N CONDUCTING AN AUDIT OF THE COLORADO FAMILY SAFETY3
	285	+	ASSESSMENT, THE THIRD PARTY, AT A MINIMUM, SHALL:4
267	286		(I) E
268		-	XAMINE THE ISSUES SET FORTH IN SUBSECTIONS (2)(b)(I) TO
269		-	(2)(b)(VII) OF THIS SECTION;
	287	+	XAMINE THE ISSUES SET FORTH IN SUBSECTIONS (2)(b)(I) TO5
	288	+	(2)(b)(VII)
	289	+	OF THIS SECTION;6
270	290		(II) S
271		-	TUDY THE INTER-RATER RELIABILITY OF THE COLORADO
272		-	FAMILY SAFETY ASSESSMENT
273		-	; AND
274		-	(III) STUDY THE REQUIRED DOCUMENTATION FOR THE PL ANNING AND
275		-	REMOVAL OF THE CHILD FROM THE CHILD
276		-	'S PRIMARY CAREGIVER.
	291	+	TUDY THE INTER-RATER RELIABILITY OF THE COLORADO7
	292	+	FAMILY SAFETY ASSESSMENT; AND8
	293	+	(III) S
	294	+	TUDY THE REQUIRED DOCUMENTATION FOR THE PLANNING9
	295	+	AND REMOVAL OF THE CHILD FROM THE CHILD 'S PRIMARY CAREGIVER.10
277	296		(3) O
278		-	N OR BEFORE MARCH 1, 2026, THE OFFICE OF THE CHILD
279		-	PROTECTION OMBUDSMAN SHALL SUBMIT THE REPORT DESCRIBED IN
280		-	SUBSECTION
281		-	(2)(a)(II) OF THIS SECTION TO THE HOUSE OF REPRESENTATIVES
282		-	HEALTH AND HUMAN SERVICES COMMITTEE AND THE SENATE HEALTH AND
283		-	HUMAN SERVICES COMMITTEE
284		-	, OR THEIR SUCCESSOR COMMITTEES , THE
285		-	SPEAKER OF THE HOUSE OF REPRESENTATIVES
286		-	, THE MINORITY LEADER OF THE
287		-	HOUSE OF REPRESENTATIVES
288		-	, THE PRESIDENT OF THE SENATE , AND THE
289		-	MINORITY LEADER OF THE SENATE
290		-	.
291		-	SECTION 5. Appropriation. For the 2024-25 state fiscal year,
292		-	$109,392 is appropriated to the judicial department for use by the office of
293		-	the child protection ombudsman. This appropriation is from the general
294		-	fund and is based on an assumption that the office will require an additional
295		-	0.5 FTE. To implement this act, the office may use this appropriation for
296		-	program costs.
297		-	SECTION 6. Safety clause. The general assembly finds,
298		-	determines, and declares that this act is necessary for the immediate
299		-	preservation of the public peace, health, or safety or for appropriations for
300		-	PAGE 7-HOUSE BILL 24-1046 the support and maintenance of the departments of the state and state
301		-	institutions.
302		-	____________________________ ____________________________
303		-	Julie McCluskie Steve Fenberg
304		-	SPEAKER OF THE HOUSE PRESIDENT OF
305		-	OF REPRESENTATIVES THE SENATE
306		-	____________________________ ____________________________
307		-	Robin Jones Cindi L. Markwell
308		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
309		-	OF REPRESENTATIVES THE SENATE
310		-	APPROVED________________________________________
311		-	(Date and Time)
312		-	_________________________________________
313		-	Jared S. Polis
314		-	GOVERNOR OF THE STATE OF COLORADO
315		-	PAGE 8-HOUSE BILL 24-1046
	297	+	N OR BEFORE MARCH 1, 2026, THE OFFICE OF THE CHILD11
	298	+	PROTECTION OMBUDSMAN SHALL SUBMIT THE REPORT DESCRIBED IN12
	299	+	SUBSECTION (2)(a)(II) OF THIS SECTION TO THE HOUSE OF13
	300	+	REPRESENTATIVES
	301	+	HEALTH AND HUMAN SERVICES COMMITTEE AND THE14
	302	+	SENATE HEALTH AND HUMAN SERVICES COMMITTEE , OR THEIR SUCCESSOR15
	303	+	COMMITTEES, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES , THE16
	304	+	MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES , THE PRESIDENT OF17
	305	+	THE SENATE, AND THE MINORITY LEADER OF THE SENATE .18
	306	+	SECTION 5. Appropriation. For the 2024-25 state fiscal year,19
	307	+	$109,392 is appropriated to the judicial department for use by the office20
	308	+	of the child protection ombudsman. This appropriation is from the general21
	309	+	fund and is based on an assumption that the office will require an22
	310	+	additional 0.5 FTE. To implement this act, the office may use this23
	311	+	appropriation for program costs.24
	312	+	SECTION 6. Safety clause. The general assembly finds,25
	313	+	determines, and declares that this act is necessary for the immediate26
	314	+	preservation of the public peace, health, or safety or for appropriations for27
	315	+	1046
	316	+	-9- the support and maintenance of the departments of the state and state1
	317	+	institutions.2
	318	+	1046
	319	+	-10-