Colorado 2024 Regular Session

Colorado House Bill HB1120 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0675.01 Jane Ritter x4342
8	8	HOUSE BILL 24-1120
9	9	House Committees Senate Committees
10	10	Health & Human Services
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIREMENTS RELATED TO REPORTS OF CHILD ABUSE101
14	14	OR NEGLECT.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill requires that prior to adding a person found responsible
23	23	for child abuse or neglect (person) to the automated child welfare system
24	24	(system), a county department of human or social services must provide,
25	25	within 14 days, a written notice to the person of the opportunity for a
26	26	hearing to appeal the finding. The written notice must include, among
27	27	other things:
28	28	HOUSE SPONSORSHIP
29	29	Evans,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. ! Information about the factual history of the case and
35	35	detailed information about the appeals process;
36	36	! Information about how the person may obtain, at no cost to
37	37	the person, a complete copy of the record that will be added
38	38	to the system, subject to redactions required by law;
39	39	! Information about how the person may request a complete
40	40	copy of the law enforcement record, if any, of the alleged
41	41	incident of child abuse or neglect;
42	42	! Information about the office of the child protection
43	43	ombudsman; and
44	44	! Information about the office of the respondent parents'
45	45	counsel.
46	46	When a hearing is requested, the bill requires an administrative
47	47	law judge to contact the parties to schedule the hearing, which must take
48	48	place no later than 120 days after the date the person requests a hearing.
49	49	The bill describes the rights accorded to the person.
50	50	Be it enacted by the General Assembly of the State of Colorado:1
51	51	SECTION 1. In Colorado Revised Statutes, add 19-3-313.3 as2
52	52	follows:3
53	53	19-3-313.3. State department automated child welfare system4
54	54	- written notice - appeals - representation - rules - definitions. (1) A
55	55	S5
56	56	USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
57	57	(a) "A
58	58	UTOMATED CHILD WELFARE SYSTEM ", ALSO KNOWN AS7
59	59	"TRAILS
60	60	SYSTEM", MEANS THE STATE DEPARTMENT OF HUMAN SERVICES8
61	61	AUTOMATED CHILD WELFARE SYSTEM .9
62	62	(b) "P
63	63	ERSON" MEANS A PERSON, INCLUDING A CHILD OR YOUTH,10
64	64	FOUND RESPONSIBLE BY A COUNTY DEPARTMENT FOR AN INCIDENT OF11
65	65	CHILD ABUSE OR NEGLECT.12
66	66	(2) (a) (I) A
67	67	COUNTY DEPARTMENT SHALL PROVIDE A PERSON WITH13
68	68	WRITTEN NOTICE PURSUANT TO SECTION 19-3-313.5 (3) OF THE14
69	69	OPPORTUNITY TO HAVE A HEARING TO APPEAL A FINDING OF A CONFIRMED15
70	70	REPORT OF CHILD ABUSE OR NEGLECT. THE COUNTY DEPARTMENT SHALL16
71	71	HB24-1120-2- SEND THE WRITTEN NOTICE TO THE PERSON AND ANY KNOWN COUNSEL OF1
72	72	RECORD FOR THE PERSON IN A RELATED DEPENDENCY AND NEGLECT CASE2
73	73	NO LATER THAN FOURTEEN DAYS AFTER THE DATE THE COUNTY3
74	74	DEPARTMENT ENTERS ITS FINDING.4
75	75	(II) I
76	76	F THE PERSON IS A JUVENILE, THE COUNTY DEPARTMENT5
77	77	SHALL SEND NOTICE TO ANY KNOWN JUVENILE , THE JUVENILE'S PARENT OR6
78	78	LEGAL GUARDIAN, AND THE JUVENILE'S GUARDIAN AD LITEM OR COUNSEL,7
79	79	IF APPLICABLE, APPOINTED IN A DEPENDENCY AND NEGLECT, CRIMINAL, OR8
80	80	DELINQUENCY CASE. IF THE PERSON IS ENROLLED IN THE FOSTER YOUTH IN9
81	81	TRANSITION PROGRAM PURSUANT TO PART 3 OF ARTICLE 7 OF THIS TITLE10
82	82	19,
83	83	THE COUNTY DEPARTMENT SHALL SEND THE WRITTEN NOTICE TO THE11
84	84	GUARDIAN AD LITEM OR COUNSEL WHO IS ASSIGNED TO THE YOUTH , AS12
85	85	APPLICABLE.13
86	86	(b) T
87	87	HE WRITTEN NOTICE MUST INCLUDE :14
88	88	(I) A
89	89	CLEAR STATEMENT THAT INCLUDES :15
90	90	(A) T
91	91	HE TYPE AND SEVERITY OF THE ABUSE OR NEGLECT ;16
92	92	(B) T
93	93	HE DATE OF THE REFERRAL TO THE COUNTY DEPARTMENT ;17
94	94	(C) T
95	95	HE NAME OF THE COUNTY DE PARTMENT THAT COMPLETED18
96	96	THE ASSESSMENT OF CHILD ABUSE OR NEGLECT ;19
97	97	(D) T
98	98	HE DATE THE COUNTY DEPARTMENT DETERMINED THE20
99	99	FINDING OF CHILD ABUSE OR NEGLECT IN THE AUTOMATED CHILD WELFARE21
100	100	SYSTEM;22
101	101	(E) I
102	102	NFORMATION CONCERNING PERSONS OR AGENCIES THAT HAVE23
103	103	ACCESS TO THE FINDING OF CHILD ABUSE OR NEGLECT ;24
104	104	(F) T
105	105	HE CIRCUMSTANCES UNDER WHICH INFORMATION CONTAINED25
106	106	IN THE AUTOMATED CHILD WELFARE SYSTEM WILL BE PROVIDED TO OTHER26
107	107	INDIVIDUALS OR AGENCIES;27
108	108	HB24-1120
109	109	-3- (G) INFORMATION ON THE COUNTY DEPARTMENT 'S DISPUTE1
110	110	RESOLUTION PROCESS, IF AVAILABLE;2
111	111	(H) I
112	112	NFORMATION DETAILING THE RIGHT OF THE PERSON TO3
113	113	REQUEST A STATE-LEVEL APPEAL;4
114	114	(I) A
115	115	BLANK COPY OF THE STATE DEPARTMENT'S APPROVED APPEAL5
116	116	FORM;6
117	117	(J) N
118	118	OTICE THAT THE SCOPE OF AN APPEAL IS LIMITED TO7
119	119	CHALLENGES THAT THE FINDING OF CHILD ABUSE OR NEGLECT IS NOT8
120	120	SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE OR THAT THE9
121	121	ACTIONS FOUND TO BE CHILD ABUSE OR NEGLECT DO NOT MEET THE LEGAL10
122	122	DEFINITIONS OF CHILD ABUSE OR NEGLECT PURSUANT TO SECTION11
123	123	19-1-103;
124	124	AND12
125	125	(K) A
126	126	FULL EXPLANATION OF THE PROCESS AND TIMELINES FOR A13
127	127	STATE-LEVEL APPEAL;14
128	128	(II) I
129	129	NFORMATION ABOUT HOW THE PERSON MAY OBTAIN , AT NO15
130	130	COST TO THE PERSON, A COMPLETE COPY OF THE RECORD THAT WILL BE16
131	131	ADDED TO THE AUTOMATED CHILD WELFARE SYSTEM , SUBJECT TO17
132	132	REDACTIONS REQUIRED BY LAW ;18
133	133	(III) (A) I
134	134	NFORMATION ABOUT HOW THE PERSON MAY REQUEST , AT19
135	135	NO INITIAL COST TO THE PERSON , A COMPLETE COPY OF THE LAW20
136	136	ENFORCEMENT RECORD , IF ANY, OF THE ALLEGED INCIDENT OF CHILD21
137	137	ABUSE OR NEGLECT. IF THE INFORMATION IS AVAILABLE ELECTRONICALLY ,22
138	138	THE INFORMATION MUST BE PROVIDED ELECTRONICALLY AT NO CHARGE .23
139	139	A
140	140	CUSTODIAN MAY CHARGE A FEE NOT TO EXCEED TWENTY -FIVE CENTS24
141	141	PER STANDARD PAGE FOR A COPY OF A PUBLIC RECORD OR A FEE NOT TO25
142	142	EXCEED THE ACTUAL COST OF PROVIDING A COPY , PRINTOUT, OR26
143	143	PHOTOGRAPH OF A PUBLIC RECORD IN A FORMAT OTHER THAN A STA NDARD27
144	144	HB24-1120
145	145	-4- PAGE.1
146	146	(B) A
147	147	CUSTODIAN MAY IMPOSE A FEE IN RESPONSE TO A REQUEST2
148	148	FOR THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS ONLY IF THE3
149	149	CUSTODIAN HAS, PRIOR TO THE DATE OF RECEIVING THE REQUEST, EITHER4
150	150	POSTED ON THE CUSTODIAN 'S WEBSITE OR OTHERWISE PUBLISHED A5
151	151	WRITTEN POLICY THAT SPECIFIES THE APPLICABLE CONDITIONS6
152	152	CONCERNING THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS BY THE7
153	153	CUSTODIAN, INCLUDING THE AMOUNT OF ANY CURRENT FEE . UNDER THE8
154	154	POLICY, THE CUSTODIAN SHALL NOT IMPOSE A CHARGE FOR THE FIRST9
155	155	HOUR OF TIME EXPENDED IN CONNECTION WITH THE RESEARCH AND10
156	156	RETRIEVAL OF PUBLIC RECORDS. AFTER THE FIRST HOUR OF TIME HAS BEEN11
157	157	EXPENDED, THE CUSTODIAN MAY CHARGE A FEE FOR THE RESEARCH AND12
158	158	RETRIEVAL OF PUBLIC RECORDS THAT DOES NOT EXCEED THIRTY DOLLARS13
159	159	PER HOUR.14
160	160	(IV) I
161	161	NFORMATION ABOUT THE OFFICE OF THE CHILD PROTECTION15
162	162	OMBUDSMAN CREATED IN SECTION 19-3.3-102; AND16
163	163	(V) I
164	164	NFORMATION ABOUT THE OFFICE OF THE RESPONDENT17
165	165	PARENTS' COUNSEL CREATED IN SECTION 13-92-103.18
166	166	(3) F
167	167	OR A PERSON SEEKING EMPLOYMENT OR VOLUNTEERING IN A19
168	168	ROLE THAT REQUIRES THE CARE , TREATMENT, OR SUPERVISION OF20
169	169	CHILDREN OR YOUTH, OR UNSUPERVISED CONTACT WITH CHILDREN OR21
170	170	YOUTH, A BACKGROUND CHECK THROUGH THE AUTOMATED CHILD22
171	171	WELFARE SYSTEM MAY ONLY BE CONDUCTED AND RELEASED PURSUANT23
172	172	TO SECTION 19-1-307, 26-6-705, OR 26.5-5-316.24
173	173	(4) (a) I
174	174	F A PERSON REQUESTS A HEARING PURSUANT TO25
175	175	SUBSECTION (2) OF THIS SECTION , THE STATE DEPARTMENT26
176	176	ADMINISTRATIVE LAW JUDGE HEARING THE MATTER SHALL CONTACT THE27
177	177	HB24-1120
178	178	-5- PARTIES TO SCHEDULE A DATE FOR THE HEARING, WHICH MUST BE HELD NO1
179	179	LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE DATE THE PERSON2
180	180	REQUESTS A HEARING.3
181	181	(b) A
182	182	HEARING HELD PURSUANT TO THIS SECTION IS CONSIDERED4
183	183	A CONTESTED HEARING AND IS ELIGIBLE FOR APPEAL .5
184	184	(c) P
185	185	RIOR TO THE HEARING, THE STATE DEPARTMENT SHALL6
186	186	PROVIDE THE PERSON WITH THE FULL INVESTIGATIVE FILE AND ANY7
187	187	EXCULPATORY EVIDENCE IN THE STATE DEPARTMENT 'S POSSESSION OR8
188	188	CONTROL AT NO COST TO THE PERSON , SUBJECT TO ANY REDACTION9
189	189	REQUIRED BY LAW.10
190	190	(d) A
191	191	T THE HEARING, THE PERSON HAS THE RIGHT TO:11
192	192	(I) (A) B
193	193	E REPRESENTED BY COUNSEL , IF DESIRED. COUNSEL IS12
194	194	ONLY APPOINTED PURSUANT TO THIS SECTION . IF COUNSEL HAS BEEN13
195	195	APPOINTED TO REPRESENT THE PERSON THROUGH THE OFFICE OF THE14
196	196	RESPONDENT PARENTS' COUNSEL CREATED IN SECTION 13-92-103, THE15
197	197	PERSON'S COUNSEL MAY CONTINUE REPRESENTING THE PERSON16
198	198	THROUGHOUT THE HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF17
199	199	THIS SECTION IF APPROVED BY THE OFFICE OF THE RESPONDENT PARENTS '18
200	200	COUNSEL.19
201	201	(B) I
202	202	F COUNSEL HAS BEEN APPOINTED TO REPRESENT A CHILD OR20
203	203	YOUTH IN A DEPENDENCY AND NEGLECT OR FOSTER YOUTH IN TRANSITION21
204	204	PROGRAM CASE THROUGH THE OFFICE OF THE CHILD 'S REPRESENTATIVE,22
205	205	CREATED IN SECTION 13-91-104, THE CHILD'S OR YOUTH'S COUNSEL MAY23
206	206	CONTINUE REPRESENTING THE CHILD OR YOUTH THROUGHOUT THE24
207	207	HEARING REQUESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION IF25
208	208	APPROVED BY THE OFFICE OF THE CHILD 'S REPRESENTATIVE. IF A26
209	209	GUARDIAN AD LITEM IS APPOINTED TO REPRESENT THE BEST INTERESTS OF27
210	210	HB24-1120
211	211	-6- THE CHILD OR YOUTH IN A DEPENDENCY OR NEGLECT , CRIMINAL, OR1
212	212	DELINQUENCY CASE THROUGH THE OFFICE OF THE CHILD 'S2
213	213	REPRESENTATIVE, THE GUARDIAN AD LITEM MAY CONTINUE REPRESENTING3
214	214	THE BEST INTERESTS OF THE CHILD OR YOUTH THROUGHOUT THE HEARING4
215	215	REQUESTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, IF APPROVED5
216	216	BY THE OFFICE OF THE CHILD'S REPRESENTATIVE.6
217	217	(II) P
218	218	RESENT SWORN EVIDENCE, LAW, OR RULES RELATED TO THE7
219	219	ALLEGATIONS; AND8
220	220	(III) S
221	221	UBPOENA WITNESSES , CROSS-EXAMINE THE STATE9
222	222	DEPARTMENT'S WITNESSES, OBJECT TO EVIDENCE INTRODUCED BY THE10
223	223	STATE DEPARTMENT, AND MAKE AN OPENING STATEMENT AND CLOSING11
224	224	ARGUMENT.12
225	225	(e) W
226	226	ITHIN THIRTY-FIVE DAYS AFTER THE CONCLUSION OF THE13
227	227	HEARING, THE STATE DEPARTMENT ADMINISTRATIVE LAW JUDGE HEARING14
228	228	THE MATTER SHALL ENTER AN ORDER CONTAINING THE JUDGE 'S FINDINGS15
229	229	OF FACT AND LAW BASED UPON A PREPONDERANCE OF THE EVIDENCE .16
230	230	(5) O
231	231	N OR BEFORE JULY 1, 2025, THE STATE BOARD , IN17
232	232	COLLABORATION WITH COUNTY DEPARTMENTS , THE OFFICE OF THE CHILD'S18
233	233	REPRESENTATIVE, AND THE OFFICE OF THE RESPONDENT PARENTS '19
234	234	COUNSEL, SHALL PROMULGATE RULES NECESSARY FOR THE20
235	235	IMPLEMENTATION OF THIS SECTION AND TO PROMOTE FAIRNESS AND21
236	236	EFFICIENCY IN THE APPEALS PROCESS.22
237	237	SECTION 2. Act subject to petition - effective date. This act23
238	238	takes effect at 12:01 a.m. on the day following the expiration of the24
239	239	ninety-day period after final adjournment of the general assembly; except25
240	240	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
241	241	of the state constitution against this act or an item, section, or part of this27
242	242	HB24-1120
243	243	-7- act within such period, then the act, item, section, or part will not take1
244	244	effect unless approved by the people at the general election to be held in2
245	245	November 2024 and, in such case, will take effect on the date of the3
246	246	official declaration of the vote thereon by the governor.4
247	247	HB24-1120
248	248	-8-