Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0675.01 Jane Ritter x4342
HOUSE BILL 24-1120
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS RELATED TO REPORTS OF CHILD ABUSE101
OR NEGLECT.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
.)
The bill requires that prior to adding a person found responsible
for child abuse or neglect (person) to the automated child welfare system
(system), a county department of human or social services must provide,
within 14 days, a written notice to the person of the opportunity for a
hearing to appeal the finding. The written notice must include, among
other things:
HOUSE SPONSORSHIP
Evans,
SENATE SPONSORSHIP
(None),
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. ! Information about the factual history of the case and
detailed information about the appeals process;
! Information about how the person may obtain, at no cost to
the person, a complete copy of the record that will be added
to the system, subject to redactions required by law;
! Information about how the person may request a complete
copy of the law enforcement record, if any, of the alleged
incident of child abuse or neglect;
! Information about the office of the child protection
ombudsman; and
! Information about the office of the respondent parents'
counsel.
When a hearing is requested, the bill requires an administrative
law judge to contact the parties to schedule the hearing, which must take
place no later than 120 days after the date the person requests a hearing.
The bill describes the rights accorded to the person.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 19-3-313.3 as2
follows:3
19-3-313.3. State department automated child welfare system4
- written notice - appeals - representation - rules - definitions. (1) A
S5
USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
(a) "A
UTOMATED CHILD WELFARE SYSTEM ", ALSO KNOWN AS7
"TRAILS
SYSTEM", MEANS THE STATE DEPARTMENT OF HUMAN SERVICES8
AUTOMATED CHILD WELFARE SYSTEM .9
(b) "P
ERSON" MEANS A PERSON, INCLUDING A CHILD OR YOUTH,10
FOUND RESPONSIBLE BY A COUNTY DEPARTMENT FOR AN INCIDENT OF11
CHILD ABUSE OR NEGLECT.12
(2) (a) (I) A
COUNTY DEPARTMENT SHALL PROVIDE A PERSON WITH13
WRITTEN NOTICE PURSUANT TO SECTION 19-3-313.5 (3) OF THE14
OPPORTUNITY TO HAVE A HEARING TO APPEAL A FINDING OF A CONFIRMED15
REPORT OF CHILD ABUSE OR NEGLECT. THE COUNTY DEPARTMENT SHALL16
HB24-1120-2- SEND THE WRITTEN NOTICE TO THE PERSON AND ANY KNOWN COUNSEL OF1
RECORD FOR THE PERSON IN A RELATED DEPENDENCY AND NEGLECT CASE2
NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE COUNTY3
DEPARTMENT ENTERS ITS FINDING.4
(II) I
F THE PERSON IS A JUVENILE, THE COUNTY DEPARTMENT5
SHALL SEND NOTICE TO ANY KNOWN JUVENILE , THE JUVENILE'S PARENT OR6
LEGAL GUARDIAN, AND THE JUVENILE'S GUARDIAN AD LITEM OR COUNSEL,7
IF APPLICABLE, APPOINTED IN A DEPENDENCY AND NEGLECT, CRIMINAL, OR8
DELINQUENCY CASE. IF THE PERSON IS ENROLLED IN THE FOSTER YOUTH IN9
TRANSITION PROGRAM PURSUANT TO PART 3 OF ARTICLE 7 OF THIS TITLE10
19,
THE COUNTY DEPARTMENT SHALL SEND THE WRITTEN NOTICE TO THE11
GUARDIAN AD LITEM OR COUNSEL WHO IS ASSIGNED TO THE YOUTH , AS12
APPLICABLE.13
(b) T
HE WRITTEN NOTICE MUST INCLUDE :14
(I) A
CLEAR STATEMENT THAT INCLUDES :15
(A) T
HE TYPE AND SEVERITY OF THE ABUSE OR NEGLECT ;16
(B) T
HE DATE OF THE REFERRAL TO THE COUNTY DEPARTMENT ;17
(C) T
HE NAME OF THE COUNTY DE PARTMENT THAT COMPLETED18
THE ASSESSMENT OF CHILD ABUSE OR NEGLECT ;19
(D) T
HE DATE THE COUNTY DEPARTMENT DETERMINED THE20
FINDING OF CHILD ABUSE OR NEGLECT IN THE AUTOMATED CHILD WELFARE21
SYSTEM;22
(E) I
NFORMATION CONCERNING PERSONS OR AGENCIES THAT HAVE23
ACCESS TO THE FINDING OF CHILD ABUSE OR NEGLECT ;24
(F) T
HE CIRCUMSTANCES UNDER WHICH INFORMATION CONTAINED25
IN THE AUTOMATED CHILD WELFARE SYSTEM WILL BE PROVIDED TO OTHER26
INDIVIDUALS OR AGENCIES;27
HB24-1120
-3- (G) INFORMATION ON THE COUNTY DEPARTMENT 'S DISPUTE1
RESOLUTION PROCESS, IF AVAILABLE;2
(H) I
NFORMATION DETAILING THE RIGHT OF THE PERSON TO3
REQUEST A STATE-LEVEL APPEAL;4
(I) A
BLANK COPY OF THE STATE DEPARTMENT'S APPROVED APPEAL5
FORM;6
(J) N
OTICE THAT THE SCOPE OF AN APPEAL IS LIMITED TO7
CHALLENGES THAT THE FINDING OF CHILD ABUSE OR NEGLECT IS NOT8
SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE OR THAT THE9
ACTIONS FOUND TO BE CHILD ABUSE OR NEGLECT DO NOT MEET THE LEGAL10
DEFINITIONS OF CHILD ABUSE OR NEGLECT PURSUANT TO SECTION11
19-1-103;
AND12
(K) A
FULL EXPLANATION OF THE PROCESS AND TIMELINES FOR A13
STATE-LEVEL APPEAL;14
(II) I
NFORMATION ABOUT HOW THE PERSON MAY OBTAIN , AT NO15
COST TO THE PERSON, A COMPLETE COPY OF THE RECORD THAT WILL BE16
ADDED TO THE AUTOMATED CHILD WELFARE SYSTEM , SUBJECT TO17
REDACTIONS REQUIRED BY LAW ;18
(III) (A) I
NFORMATION ABOUT HOW THE PERSON MAY REQUEST , AT19
NO INITIAL COST TO THE PERSON , A COMPLETE COPY OF THE LAW20
ENFORCEMENT RECORD , IF ANY, OF THE ALLEGED INCIDENT OF CHILD21
ABUSE OR NEGLECT. IF THE INFORMATION IS AVAILABLE ELECTRONICALLY ,22
THE INFORMATION MUST BE PROVIDED ELECTRONICALLY AT NO CHARGE .23
A
CUSTODIAN MAY CHARGE A FEE NOT TO EXCEED TWENTY -FIVE CENTS24
PER STANDARD PAGE FOR A COPY OF A PUBLIC RECORD OR A FEE NOT TO25
EXCEED THE ACTUAL COST OF PROVIDING A COPY , PRINTOUT, OR26
PHOTOGRAPH OF A PUBLIC RECORD IN A FORMAT OTHER THAN A STA NDARD27
HB24-1120
-4- PAGE.1
(B) A
CUSTODIAN MAY IMPOSE A FEE IN RESPONSE TO A REQUEST2
FOR THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS ONLY IF THE3
CUSTODIAN HAS, PRIOR TO THE DATE OF RECEIVING THE REQUEST, EITHER4
POSTED ON THE CUSTODIAN 'S WEBSITE OR OTHERWISE PUBLISHED A5
WRITTEN POLICY THAT SPECIFIES THE APPLICABLE CONDITIONS6
CONCERNING THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS BY THE7
CUSTODIAN, INCLUDING THE AMOUNT OF ANY CURRENT FEE . UNDER THE8
POLICY, THE CUSTODIAN SHALL NOT IMPOSE A CHARGE FOR THE FIRST9
HOUR OF TIME EXPENDED IN CONNECTION WITH THE RESEARCH AND10
RETRIEVAL OF PUBLIC RECORDS. AFTER THE FIRST HOUR OF TIME HAS BEEN11
EXPENDED, THE CUSTODIAN MAY CHARGE A FEE FOR THE RESEARCH AND12
RETRIEVAL OF PUBLIC RECORDS THAT DOES NOT EXCEED THIRTY DOLLARS13
PER HOUR.14
(IV) I
NFORMATION ABOUT THE OFFICE OF THE CHILD PROTECTION15
OMBUDSMAN CREATED IN SECTION 19-3.3-102; AND16
(V) I
NFORMATION ABOUT THE OFFICE OF THE RESPONDENT17
PARENTS' COUNSEL CREATED IN SECTION 13-92-103.18
(3) F
OR A PERSON SEEKING EMPLOYMENT OR VOLUNTEERING IN A19
ROLE THAT REQUIRES THE CARE , TREATMENT, OR SUPERVISION OF20
CHILDREN OR YOUTH, OR UNSUPERVISED CONTACT WITH CHILDREN OR21
YOUTH, A BACKGROUND CHECK THROUGH THE AUTOMATED CHILD22
WELFARE SYSTEM MAY ONLY BE CONDUCTED AND RELEASED PURSUANT23
TO SECTION 19-1-307, 26-6-705, OR 26.5-5-316.24
(4) (a) I
F A PERSON REQUESTS A HEARING PURSUANT TO25
SUBSECTION (2) OF THIS SECTION , THE STATE DEPARTMENT26
ADMINISTRATIVE LAW JUDGE HEARING THE MATTER SHALL CONTACT THE27
HB24-1120
-5- PARTIES TO SCHEDULE A DATE FOR THE HEARING, WHICH MUST BE HELD NO1
LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE DATE THE PERSON2
REQUESTS A HEARING.3
(b) A
HEARING HELD PURSUANT TO THIS SECTION IS CONSIDERED4
A CONTESTED HEARING AND IS ELIGIBLE FOR APPEAL .5
(c) P
RIOR TO THE HEARING, THE STATE DEPARTMENT SHALL6
PROVIDE THE PERSON WITH THE FULL INVESTIGATIVE FILE AND ANY7
EXCULPATORY EVIDENCE IN THE STATE DEPARTMENT 'S POSSESSION OR8
CONTROL AT NO COST TO THE PERSON , SUBJECT TO ANY REDACTION9
REQUIRED BY LAW.10
(d) A
T THE HEARING, THE PERSON HAS THE RIGHT TO:11
(I) (A) B
E REPRESENTED BY COUNSEL , IF DESIRED. COUNSEL IS12
ONLY APPOINTED PURSUANT TO THIS SECTION . IF COUNSEL HAS BEEN13
APPOINTED TO REPRESENT THE PERSON THROUGH THE OFFICE OF THE14
RESPONDENT PARENTS' COUNSEL CREATED IN SECTION 13-92-103, THE15
PERSON'S COUNSEL MAY CONTINUE REPRESENTING THE PERSON16
THROUGHOUT THE HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF17
THIS SECTION IF APPROVED BY THE OFFICE OF THE RESPONDENT PARENTS '18
COUNSEL.19
(B) I
F COUNSEL HAS BEEN APPOINTED TO REPRESENT A CHILD OR20
YOUTH IN A DEPENDENCY AND NEGLECT OR FOSTER YOUTH IN TRANSITION21
PROGRAM CASE THROUGH THE OFFICE OF THE CHILD 'S REPRESENTATIVE,22
CREATED IN SECTION 13-91-104, THE CHILD'S OR YOUTH'S COUNSEL MAY23
CONTINUE REPRESENTING THE CHILD OR YOUTH THROUGHOUT THE24
HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION IF25
APPROVED BY THE OFFICE OF THE CHILD 'S REPRESENTATIVE. IF A26
GUARDIAN AD LITEM IS APPOINTED TO REPRESENT THE BEST INTERESTS OF27
HB24-1120
-6- THE CHILD OR YOUTH IN A DEPENDENCY OR NEGLECT , CRIMINAL, OR1
DELINQUENCY CASE THROUGH THE OFFICE OF THE CHILD 'S2
REPRESENTATIVE, THE GUARDIAN AD LITEM MAY CONTINUE REPRESENTING3
THE BEST INTERESTS OF THE CHILD OR YOUTH THROUGHOUT THE HEARING4
REQUESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, IF APPROVED5
BY THE OFFICE OF THE CHILD'S REPRESENTATIVE.6
(II) P
RESENT SWORN EVIDENCE, LAW, OR RULES RELATED TO THE7
ALLEGATIONS; AND8
(III) S
UBPOENA WITNESSES , CROSS-EXAMINE THE STATE9
DEPARTMENT'S WITNESSES, OBJECT TO EVIDENCE INTRODUCED BY THE10
STATE DEPARTMENT, AND MAKE AN OPENING STATEMENT AND CLOSING11
ARGUMENT.12
(e) W
ITHIN THIRTY-FIVE DAYS AFTER THE CONCLUSION OF THE13
HEARING, THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE HEARING14
THE MATTER SHALL ENTER AN ORDER CONTAINING THE JUDGE 'S FINDINGS15
OF FACT AND LAW BASED UPON A PREPONDERANCE OF THE EVIDENCE .16
(5) O
N OR BEFORE JULY 1, 2025, THE STATE BOARD , IN17
COLLABORATION WITH COUNTY DEPARTMENTS , THE OFFICE OF THE CHILD'S18
REPRESENTATIVE, AND THE OFFICE OF THE RESPONDENT PARENTS '19
COUNSEL, SHALL PROMULGATE RULES NECESSARY FOR THE20
IMPLEMENTATION OF THIS SECTION AND TO PROMOTE FAIRNESS AND21
EFFICIENCY IN THE APPEALS PROCESS.22
SECTION 2. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
HB24-1120
-7- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2024 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
HB24-1120
-8-