Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0044.01 Chelsea Princell x4335
HOUSE BILL 24-1222
House Committees Senate Committees
Health & Human Services Health & Human Services
A BILL FOR AN ACT
C
ONCERNING UPDATING TERMINOLOGY THAT REFERS TO ENTITIES101
THAT ADMINISTER HUMAN SERVICES PROGRAMS .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/
.)
Statutory Revision Committee. Current law uses the terminology
"department of human services" and "department of social services"
interchangeably when referring to the department of human services. The
bill updates the terminology to refer only to the "department of human
services".
Current law uses the terminology "county department of human
SENATE
2nd Reading Unamended
April 8, 2024
HOUSE
3rd Reading Unamended
March 12, 2024
HOUSE
2nd Reading Unamended
March 11, 2024
HOUSE SPONSORSHIP
Pugliese and McLachlan, Bradley, Epps, Boesenecker, Clifford, Duran, Jodeh, Marshall
SENATE SPONSORSHIP
Rich, Pelton B.
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. services or social services", "county department of human services", and
"county department of human or social services" interchangeably. The bill
updates the terminology to refer only to the "county department of human
or social services".
Current law uses the terminology "state board of social services"
and "state board of human services" interchangeably when referring to the
state board of human services. The bill updates the terminology to refer
only to the "state board of human services".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-5.5-105, amend2
(2)(d)(I) as follows:3
13-5.5-105. Powers and duties of the state and district4
commissions - rules. (2) In addition to other powers conferred and5
duties imposed upon the state commission by this article 5.5 and section6
13-5.5-106, the state commission has the following powers and duties:7
(d) (I) To develop surveys to evaluate the performance of justices8
and judges, which surveys are completed by individuals who interact with9
the court, including but not limited to attorneys, jurors, represented and10
unrepresented litigants; law enforcement personnel; attorneys within the11
district attorneys' and public defenders' offices, employees of the court,12
court interpreters, employees of probation offices, and employees of local
13
COUNTY departments of HUMAN OR social services; and victims of crimes,14
as defined in section 24-4.1-302 (5);15
SECTION 2. In Colorado Revised Statutes, 17-26-140, amend16
(2) as follows:17
17-26-140. Continuity of care for persons released from jail.18
(2) A county jail shall provide medicaid enrollment or reenrollment19
paperwork to a person who is incarcerated in the jail and is eligible for20
medicaid benefits when the person enters the county jail. The county jail21
1222-2- must file the medicaid paperwork with the county department of health1
and human OR SOCIAL services upon releasing the person from the county2
jail's custody.3
SECTION 3. In Colorado Revised Statutes, 17-42-105, amend4
(2)(b), (4), and (5)(a) as follows:5
17-42-105. Incarcerated parents - notification to court -6
mittimus - family services coordinator - report - policies. (2) If a7
person's mittimus contains information indicating that the person is a8
parent to a child and is a party to an open dependency and neglect9
proceeding pursuant to article 3 of title 19, the department shall:10
(b) Notify the county department of human
OR SOCIAL services11
where the dependency and neglect case is filed of the location of the12
parent's correctional facility and the contact information for the13
designated individual within the legal services unit not later than fourteen14
days after the parent's arrival at the facility.15
(4) The department shall designate at least one individual within16
the legal services unit to assist in family services coordination. The17
individual's duties include the coordination and supervision of the18
opportunities described in subsection (3) of this section and serving as a19
liaison between the department, sheriffs, state and county departments of
20
DEPARTMENT OF human services, COUNTY DEPARTMENT OF HUMAN OR21
SOCIAL SERVICES, and agencies concerning matters related to children and22
their parents who are incarcerated.23
(5) (a) On or before March 1, 2024, and on or before March 124
each year thereafter, the executive director of the department shall submit25
a report to the judiciary committees of the senate and house of26
representatives, or any successor committees, concerning parents who are27
1222
-3- incarcerated. The department shall cooperate with the state department of1
human services, county departments of human
OR SOCIAL services, and2
sheriffs as necessary to identify the information required for the report.3
At a minimum, the report must specify persons incarcerated in department4
facilities, private correctional facilities under contract with the5
department, and jails, during the preceding calendar year who were a6
party to an open dependency and neglect proceeding, in total and7
disaggregated by race or ethnicity, sex, any known disability, and age.8
SECTION 4. In Colorado Revised Statutes, 19-1-307, amend9
(2)(e.5)(I)(P) as follows:10
19-1-307. Dependency and neglect records and information -11
access - fee - records and reports fund - misuse of information -12
penalty - adult protective services data system check - rules.13
(2) Records and reports - access to certain persons - agencies. Except14
as set forth in section 19-1-303, only the following persons or agencies15
have access to child abuse or neglect records and reports:16
(e.5) (I) A mandatory reporter specified in this subsection17
(2)(e.5)(I) who is and continues to be officially and professionally18
involved in the ongoing care of the child who was the subject of the19
report, but only with regard to information that the mandatory reporter has20
a need to know in order to fulfill the mandatory reporter's professional21
and official role in maintaining the child's safety. A county department22
shall request written affirmation from a mandatory reporter stating that23
the reporter continues to be officially and professionally involved in the24
ongoing care of the child who was the subject of the report and describing25
the nature of the involvement, unless the county department has actual26
knowledge that the mandatory reporter continues to be officially and27
1222
-4- professionally involved in the ongoing care of the child who was the1
subject of the report. This subsection (2)(e.5)(I) applies to:2
(P) Officials or employees of
A county departments
DEPARTMENT3
of health human services, OR A COUNTY DEPARTMENT OF HUMAN or social4
services.5
SECTION 5. In Colorado Revised Statutes, 19-3-100.5, amend6
(3) as follows:7
19-3-100.5. Legislative declarations - reasonable efforts -8
movement of children and sibling groups. (3) The general assembly9
further finds that the implementation of the federal "Adoption Assistance10
and Child Welfare Act of 1980", federal Public Law 96-272, is not the11
exclusive responsibility of the state department of social HUMAN services12
or of local COUNTY OR DISTRICT departments of HUMAN OR social13
services. Elected officials at the state and local levels must ensure that14
resources and services are available through state and local social services15
agencies and through the involvement of the resources of public and16
private sources. Judges, attorneys, and guardians ad litem must be17
encouraged to take independent responsibility to ensure that "reasonable18
efforts" to prevent out-of-home placements have been made only when19
appropriate, that permanency occurs for children in foster care, and that20
safe child placements occur in each case.21
SECTION 6. In Colorado Revised Statutes, 19-3-208, amend22
(3)(e) as follows:23
19-3-208. Services - county required to provide - out-of-home24
placement options - rules - definitions. (3) (e) The department shall25
convene a working group within six months after the effective date of this26
subsection (3)(e), including the department of education, county27
1222
-5- departments of human and OR social services, representatives from the1
special education directors, and other appropriate school district2
representatives, to identify issues related to foster youth education,3
transportation, and stability, as described in this subsection (3), and4
together, prior to the 2025 regular legislative session, develop written5
recommendations to the general assembly regarding any regulatory or6
statutory changes that may be required.7
SECTION 7. In Colorado Revised Statutes, 19-3-304, amend8
(2)(ll) as follows:9
19-3-304. Persons required to report child abuse or neglect.10
(2) Persons required to report such abuse or neglect or circumstances or11
conditions include any:12
(ll) Officials or employees of
A county departments
DEPARTMENT13
of health human services, OR A COUNTY DEPARTMENT OF HUMAN or social14
services;15
SECTION 8. In Colorado Revised Statutes, 19-3-308, amend16
(1)(a) as follows:17
19-3-308. Action upon report of intrafamilial, institutional, or18
third-party abuse - investigations - child protection team - rules -19
report. (1) (a) The county department shall respond immediately upon20
receipt of any report of a known or suspected incident of intrafamilial21
abuse or neglect to assess the abuse involved and the appropriate response22
to the report. The assessment shall MUST be in accordance with rules23
adopted by the state board of social services HUMAN SERVICES to24
determine the risk of harm to such child and the appropriate response to25
such risks. Appropriate responses shall include, but are not limited to,26
screening reports that do not require further investigation, providing27
1222
-6- appropriate intervention services, pursuing reports that require further1
investigation, and conducting immediate investigations. The immediate2
concern of any assessment or investigation shall be IS the protection of3
the child, and, where possible, the preservation of the family unit.4
SECTION 9. In Colorado Revised Statutes, 19-3-602, amend5
(1.5)(a)(I) as follows:6
19-3-602. Motion for termination - separate hearing - right to7
counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section8
19-1-126, the motion for termination shall MUST:9
(I) Include a statement indicating what continuing inquiries the10
county department of
HUMAN OR social services has made in determining11
whether the child who is the subject of the termination proceeding is an12
Indian child;13
SECTION 10. In Colorado Revised Statutes, 22-2-139, amend14
(5) as follows:15
22-2-139. Memorandum of understanding - notification of risk16
- rules. (5) If a change of placement is required for the safety of the17
student or if a court, the state department of human services, or a county18
department of human or social services makes a placement change with19
fewer than ten calendar days notice, the responsible state
DEPARTMENT OF20
HUMAN SERVICES or county department of human services
or social21
services shall provide information to the child welfare education liaison,22
designated pursuant to section 22-32-138 (2)(a) SECTION 22-32-138, of23
the receiving school district, charter school, or institute charter school24
within five calendar days following the student's placement. The25
information provided to the child welfare education liaison must include,26
but need not be limited to, the transitioning student's educational records27
1222
-7- from the transferring educational facility and an outline of the student's1
transitional needs to be successful in the public school setting, which2
information would assist the district in meeting the student's needs and3
ensuring a successful transition.4
SECTION 11. In Colorado Revised Statutes, 22-2-409, amend5
(4) as follows:6
22-2-409. Notification of risk. (4) If a change of placement is7
required for the safety of the student or if a court, the state department of8
human services, or a county department of human or social services9
makes a placement change with fewer than ten calendar days notice, the10
responsible state
DEPARTMENT OF HUMAN SERVICES or county department11
of human services
or social services shall provide information to the child12
welfare education liaison, designated pursuant to section 22-32-138 (2)(a)13
SECTION 22-32-138, of the receiving school district, charter school, or14
institute charter school within five calendar days following the student's15
placement. The information provided to the child welfare education16
liaison must include, but need not be limited to, the transitioning student's17
educational records from the transferring educational facility and an18
outline of the student's transitional needs to be successful in the public19
school setting, which information would assist the district in meeting the20
student's needs and ensuring a successful transition.21
SECTION 12. In Colorado Revised Statutes, 22-54-109, amend22
(2) as follows:23
22-54-109. Attendance in district other than district of24
residence. (2) Any court of record, the department of social HUMAN25
services, or any other agency authorized to place a child in a residential26
child care facility shall notify the school district of residence of such27
1222
-8- child, the district in which the child will receive educational services, and1
the department of education of such placement within fifteen days after2
the placement.3
SECTION 13. In Colorado Revised Statutes, 23-23-103, amend4
(1)(d) as follows:5
23-23-103. Evaluations made - when. (1) A child may be6
referred to the medical center for diagnostic evaluation and study under7
the following conditions:8
(d) The director of a county department of
HUMAN OR social9
services may request an evaluation at the Colorado children's diagnostic10
center of a child in the care, custody, or supervision of such county11
department when such evaluation will aid it in its determination of the12
disposition, placement, or planning for such child; but no such evaluation13
shall be requested until such parental consent as is necessary has been14
obtained. If such an evaluation is made, the costs thereof shall be
ARE15
paid by the said county department of HUMAN OR social services.16
SECTION 14. In Colorado Revised Statutes, 23-23-107, amend17
(1) as follows:18
23-23-107. Case histories - preparation and use. (1) In order19
to facilitate the work of the center in making a diagnostic evaluation of20
a child as provided in this article ARTICLE 23, the county department of21
HUMAN OR social services of the county of the child's residence or any22
licensed children's agency in such county shall prepare and forward to the23
center a social and medical case history of such child to assist the center24
in making such diagnosis. Such THE history shall MUST accompany or25
precede the child's assignment to the center.26
SECTION 15. In Colorado Revised Statutes, 25-20.5-406,27
1222
-9- amend (2)(b)(V) as follows:1
25-20.5-406. State review team - creation - membership -2
vacancies. (2) (b) The executive director of the department of human3
services shall appoint six voting members, as follows:4
(V) One member who represents the directors of county5
departments of
HUMAN OR social services.6
SECTION 16. In Colorado Revised Statutes, 25.5-1-105, amend7
(1), (2), (3), and (5) as follows:8
25.5-1-105. Transfer of functions. (1) The state department9
shall, on and after July 1, 1994, execute, administer, perform, and enforce10
the rights, powers, duties, functions, and obligations vested prior to July11
1, 1994, in the Colorado health data commission within the department12
of local affairs, the department of social
HUMAN services concerning the13
"Colorado Medical Assistance Act", and the university of Colorado health14
sciences center concerning health care for the medically indigent.15
(2) All rules, regulations, and orders of the department of local16
affairs, the state department of social HUMAN services, the state board of17
social HUMAN services, the department of regulatory agencies, and the18
university of Colorado health sciences center adopted prior to July 1,19
1994, in connection with the powers, duties, and functions transferred to20
the state department shall continue to be effective until revised, amended,21
repealed, or nullified pursuant to law. On and after July 1, 1994, the state22
board or the executive director, whichever is appropriate, shall adopt rules23
necessary for the administration of the state department and the24
administration of the programs set forth in this title TITLE 25.5.25
(3) No suit, action, or other judicial or administrative proceeding26
lawfully commenced prior to July 1, 1994, or which could have been27
1222
-10- commenced prior to such date, by or against the department of local1
affairs, the state department of social HUMAN services, the department of2
regulatory agencies, or the university of Colorado health sciences center,3
or any officer thereof in such officer's official capacity or in relation to4
the discharge of the official's duties, shall abate by reason of the transfer5
of duties and functions from said departments to the state department.6
(5) The revisor of statutes is hereby authorized to change all7
references in the Colorado Revised Statutes to the department of local8
affairs, the state department of social HUMAN services, the department of9
regulatory agencies, and the university of Colorado health sciences center10
from said references to the state department, as appropriate and with11
respect to the powers, duties, and functions transferred to the state12
department. In connection with such authority, the revisor of statutes is13
hereby authorized to amend or delete provisions of the Colorado Revised14
Statutes so as to make the statutes consistent with the powers, duties, and15
functions transferred pursuant to this section.16
SECTION 17. In Colorado Revised Statutes, 26-1-127, amend17
(1.5) as follows:18
26-1-127. Fraudulent acts. (1.5) To the extent not otherwise19
prohibited by state or federal law, any person against whom a county20
department of
HUMAN OR social services, the state department, or the21
department of early childhood obtains a civil judgment in a state or22
federal court of record in this state based on allegations that the person23
obtained or willfully aided and abetted another to obtain public assistance24
or vendor payments or medical assistance as defined in this title 26 or25
child care assistance as described in part 1 of article 4 of title 26.5 to26
which the person is not entitled or in an amount greater than that to which27
1222
-11- the person is justly entitled or payment of any forfeited installment grants1
or benefits to which the person is not entitled or in a greater amount than2
that to which the person is entitled, by means of a willfully false3
statement or representation, or by impersonation, or by any other4
fraudulent device, is disqualified from participation in the program5
pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in6
which a recipient is found to have committed an intentional program7
violation for one year for a first incident, two years for a second incident,8
and permanently for a third or subsequent incident. Such disqualification9
is mandatory and is in addition to any other remedy available to a10
judgment creditor.11
SECTION 18. In Colorado Revised Statutes, 26-2-703, amend12
(8) as follows:13
26-2-703. Definitions. As used in this part 7, unless the context14
otherwise requires: 15
(8) "County department" means:16
(a) The department of social services, human services, A COUNTY17
DEPARTMENT OF HUMAN OR SOCIAL SERVICES or health and human18
services of a county or a city and county; or19
(b) Any combination of departments of social services of a county20
or a city and county COUNTY DEPARTMENTS OF HUMAN OR SOCIAL21
SERVICES that are approved by the state department to implement a county22
block grant jointly pursuant to the provisions of section 26-2-718.23
SECTION 19. In Colorado Revised Statutes, 26.5-2-103, amend24
(2)(c)(V) as follows:25
26.5-2-103. Local coordinating organization - applications -26
selection - rules. (2) An entity that seeks to serve as a local coordinating27
1222
-12- organization must apply to the department in accordance with department1
rules, if any, procedures, and timelines. At a minimum, the application2
must include:3
(c) The applicant's plan to coordinate with, at a minimum, the4
following entities within the proposed community:5
(V) County departments of human and OR social services in6
providing child care services through the Colorado child care assistance7
program established in part 1 of article 4 of this title 26.5 and other family8
support programs and services;9
SECTION 20. In Colorado Revised Statutes, 26.5-2-104, amend10
(1)(a)(XI) as follows:11
26.5-2-104. Local coordinating organization - community plan12
- duties. (1) (a) Each local coordinating organization shall adopt a13
community plan that fosters equitable access for families to, and robust14
participation by providers in, early childhood and family support15
programs and services by increasing access to, coordinating, and16
allocating funding for said programs and services within the community.17
The community plan must, at a minimum, address:18
(XI) The manner in which the local coordinating organization, in19
accordance with department requirements, will ensure transparency20
within the community concerning the amount of money available for and21
used to support early childhood and family support programs and services22
from all sources, including local property tax and sales tax and the23
maintenance of effort for child care assistance provided by county24
departments of human and OR social services within the community.25
SECTION 21. In Colorado Revised Statutes, 26.5-2-203, amend26
(3) as follows:27
1222
-13- 26.5-2-203. Early childhood councils - established - rules.1
(3) For new councils or for existing councils or partnerships that decide2
to reconfigure pursuant to this part 2, the board or boards of county3
commissioners shall designate a convening entity, which may include but4
is not limited to a local resource and referral agency, a county department5
of human services or social services, a local school district, a department6
of public health, or, prior to July 1, 2023, a Colorado preschool program7
council. The convening entity may convene a council either as part of a8
single county or as part of a multi-county regional network.9
SECTION 22. In Colorado Revised Statutes, amend 30-10-52810
as follows:11
30-10-528. Incarcerated parents - family services coordinator.12
Each sheriff shall designate at least one individual to serve as a13
communication liaison between the county jail and county departments14
of human
OR SOCIAL services concerning children subject to an open15
dependency and neglect case whose parents are incarcerated in the jail for16
the purpose of improving communication and ensuring opportunities for17
family time.18
SECTION 23. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2024 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
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