Colorado 2024 Regular Session

Colorado House Bill HB1222 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. 24-0044.01 Chelsea Princell x4335
1	8		HOUSE BILL 24-1222
2		-	BY REPRESENTATIVE(S) Pugliese and McLachlan, Bradley, Epps,
3		-	Boesenecker, Clifford, Duran, Jodeh, Marshall;
4		-	also SENATOR(S) Rich, Pelton B., Priola
5		-	.
	9	+	House Committees Senate Committees
	10	+	Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING UPDATING TERMINOLOGY THAT REFERS TO ENTITIES THAT
8		-	ADMINISTER HUMAN SERVICES PROGRAMS
9		-	.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 13-5.5-105, amend
13		-	(2)(d)(I) as follows:
14		-	13-5.5-105. Powers and duties of the state and district
15		-	commissions - rules. (2) In addition to other powers conferred and duties
16		-	imposed upon the state commission by this article 5.5 and section
17		-	13-5.5-106, the state commission has the following powers and duties:
18		-	(d) (I) To develop surveys to evaluate the performance of justices
19		-	and judges, which surveys are completed by individuals who interact with
20		-	the court, including but not limited to attorneys, jurors, represented and
21		-	unrepresented litigants; law enforcement personnel; attorneys within the
22		-	district attorneys' and public defenders' offices, employees of the court,
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. court interpreters, employees of probation offices, and employees of local
31		-	COUNTY departments of HUMAN OR social services; and victims of crimes,
32		-	as defined in section 24-4.1-302 (5);
33		-	SECTION 2. In Colorado Revised Statutes, 17-26-140, amend (2)
34		-	as follows:
35		-	17-26-140. Continuity of care for persons released from jail.
36		-	(2) A county jail shall provide medicaid enrollment or reenrollment
37		-	paperwork to a person who is incarcerated in the jail and is eligible for
38		-	medicaid benefits when the person enters the county jail. The county jail
39		-	must file the medicaid paperwork with the county department of health and
40		-	human OR SOCIAL services upon releasing the person from the county jail's
41		-	custody.
42		-	SECTION 3. In Colorado Revised Statutes, 17-42-105, amend
43		-	(2)(b), (4), and (5)(a) as follows:
44		-	17-42-105. Incarcerated parents - notification to court -
45		-	mittimus - family services coordinator - report - policies. (2) If a
46		-	person's mittimus contains information indicating that the person is a parent
47		-	to a child and is a party to an open dependency and neglect proceeding
48		-	pursuant to article 3 of title 19, the department shall:
	13	+	ONCERNING UPDATING TERMINOLOGY THAT REFERS TO ENTITIES101
	14	+	THAT ADMINISTER HUMAN SERVICES PROGRAMS .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov/
	21	+	.)
	22	+	Statutory Revision Committee. Current law uses the terminology
	23	+	"department of human services" and "department of social services"
	24	+	interchangeably when referring to the department of human services. The
	25	+	bill updates the terminology to refer only to the "department of human
	26	+	services".
	27	+	Current law uses the terminology "county department of human
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 9, 2024
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	April 8, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 12, 2024
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	March 11, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Pugliese and McLachlan, Bradley, Epps, Boesenecker, Clifford, Duran, Jodeh, Marshall
	42	+	SENATE SPONSORSHIP
	43	+	Rich, Pelton B., Priola
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. services or social services", "county department of human services", and
	47	+	"county department of human or social services" interchangeably. The bill
	48	+	updates the terminology to refer only to the "county department of human
	49	+	or social services".
	50	+	Current law uses the terminology "state board of social services"
	51	+	and "state board of human services" interchangeably when referring to the
	52	+	state board of human services. The bill updates the terminology to refer
	53	+	only to the "state board of human services".
	54	+	Be it enacted by the General Assembly of the State of Colorado:1
	55	+	SECTION 1. In Colorado Revised Statutes, 13-5.5-105, amend2
	56	+	(2)(d)(I) as follows:3
	57	+	13-5.5-105. Powers and duties of the state and district4
	58	+	commissions - rules. (2) In addition to other powers conferred and5
	59	+	duties imposed upon the state commission by this article 5.5 and section6
	60	+	13-5.5-106, the state commission has the following powers and duties:7
	61	+	(d) (I) To develop surveys to evaluate the performance of justices8
	62	+	and judges, which surveys are completed by individuals who interact with9
	63	+	the court, including but not limited to attorneys, jurors, represented and10
	64	+	unrepresented litigants; law enforcement personnel; attorneys within the11
	65	+	district attorneys' and public defenders' offices, employees of the court,12
	66	+	court interpreters, employees of probation offices, and employees of local
	67	+	13
	68	+	COUNTY departments of HUMAN OR social services; and victims of crimes,14
	69	+	as defined in section 24-4.1-302 (5);15
	70	+	SECTION 2. In Colorado Revised Statutes, 17-26-140, amend16
	71	+	(2) as follows:17
	72	+	17-26-140. Continuity of care for persons released from jail.18
	73	+	(2) A county jail shall provide medicaid enrollment or reenrollment19
	74	+	paperwork to a person who is incarcerated in the jail and is eligible for20
	75	+	medicaid benefits when the person enters the county jail. The county jail21
	76	+	1222-2- must file the medicaid paperwork with the county department of health1
	77	+	and human OR SOCIAL services upon releasing the person from the county2
	78	+	jail's custody.3
	79	+	SECTION 3. In Colorado Revised Statutes, 17-42-105, amend4
	80	+	(2)(b), (4), and (5)(a) as follows:5
	81	+	17-42-105. Incarcerated parents - notification to court -6
	82	+	mittimus - family services coordinator - report - policies. (2) If a7
	83	+	person's mittimus contains information indicating that the person is a8
	84	+	parent to a child and is a party to an open dependency and neglect9
	85	+	proceeding pursuant to article 3 of title 19, the department shall:10
49	86		(b) Notify the county department of human
50		-	OR SOCIAL services
51		-	where the dependency and neglect case is filed of the location of the
52		-	parent's correctional facility and the contact information for the designated
53		-	individual within the legal services unit not later than fourteen days after the
54		-	parent's arrival at the facility.
55		-	(4) The department shall designate at least one individual within the
56		-	legal services unit to assist in family services coordination. The individual's
57		-	duties include the coordination and supervision of the opportunities
58		-	described in subsection (3) of this section and serving as a liaison between
59		-	the department, sheriffs, state and county departments of
60		-	DEPARTMENT OF
61		-	human services, COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES , and
62		-	agencies concerning matters related to children and their parents who are
63		-	incarcerated.
64		-	(5) (a) On or before March 1, 2024, and on or before March 1 each
65		-	PAGE 2-HOUSE BILL 24-1222 year thereafter, the executive director of the department shall submit a
66		-	report to the judiciary committees of the senate and house of
67		-	representatives, or any successor committees, concerning parents who are
68		-	incarcerated. The department shall cooperate with the state department of
	87	+	OR SOCIAL services11
	88	+	where the dependency and neglect case is filed of the location of the12
	89	+	parent's correctional facility and the contact information for the13
	90	+	designated individual within the legal services unit not later than fourteen14
	91	+	days after the parent's arrival at the facility.15
	92	+	(4) The department shall designate at least one individual within16
	93	+	the legal services unit to assist in family services coordination. The17
	94	+	individual's duties include the coordination and supervision of the18
	95	+	opportunities described in subsection (3) of this section and serving as a19
	96	+	liaison between the department, sheriffs, state and county departments of
	97	+	20
	98	+	DEPARTMENT OF human services, COUNTY DEPARTMENT OF HUMAN OR21
	99	+	SOCIAL SERVICES, and agencies concerning matters related to children and22
	100	+	their parents who are incarcerated.23
	101	+	(5) (a) On or before March 1, 2024, and on or before March 124
	102	+	each year thereafter, the executive director of the department shall submit25
	103	+	a report to the judiciary committees of the senate and house of26
	104	+	representatives, or any successor committees, concerning parents who are27
	105	+	1222
	106	+	-3- incarcerated. The department shall cooperate with the state department of1
69	107		human services, county departments of human
70		-	OR SOCIAL services, and
71		-	sheriffs as necessary to identify the information required for the report. At
72		-	a minimum, the report must specify persons incarcerated in department
73		-	facilities, private correctional facilities under contract with the department,
74		-	and jails, during the preceding calendar year who were a party to an open
75		-	dependency and neglect proceeding, in total and disaggregated by race or
76		-	ethnicity, sex, any known disability, and age.
77		-	SECTION 4. In Colorado Revised Statutes, 19-1-307, amend
78		-	(2)(e.5)(I)(P) as follows:
79		-	19-1-307. Dependency and neglect records and information -
80		-	access - fee - records and reports fund - misuse of information - penalty
81		-	- adult protective services data system check - rules. (2) Records and
82		-	reports - access to certain persons - agencies. Except as set forth in
83		-	section 19-1-303, only the following persons or agencies have access to
84		-	child abuse or neglect records and reports:
85		-	(e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I)
86		-	who is and continues to be officially and professionally involved in the
87		-	ongoing care of the child who was the subject of the report, but only with
88		-	regard to information that the mandatory reporter has a need to know in
89		-	order to fulfill the mandatory reporter's professional and official role in
90		-	maintaining the child's safety. A county department shall request written
91		-	affirmation from a mandatory reporter stating that the reporter continues to
92		-	be officially and professionally involved in the ongoing care of the child
93		-	who was the subject of the report and describing the nature of the
94		-	involvement, unless the county department has actual knowledge that the
95		-	mandatory reporter continues to be officially and professionally involved
96		-	in the ongoing care of the child who was the subject of the report. This
97		-	subsection (2)(e.5)(I) applies to:
	108	+	OR SOCIAL services, and2
	109	+	sheriffs as necessary to identify the information required for the report.3
	110	+	At a minimum, the report must specify persons incarcerated in department4
	111	+	facilities, private correctional facilities under contract with the5
	112	+	department, and jails, during the preceding calendar year who were a6
	113	+	party to an open dependency and neglect proceeding, in total and7
	114	+	disaggregated by race or ethnicity, sex, any known disability, and age.8
	115	+	SECTION 4. In Colorado Revised Statutes, 19-1-307, amend9
	116	+	(2)(e.5)(I)(P) as follows:10
	117	+	19-1-307. Dependency and neglect records and information -11
	118	+	access - fee - records and reports fund - misuse of information -12
	119	+	penalty - adult protective services data system check - rules.13
	120	+	(2) Records and reports - access to certain persons - agencies. Except14
	121	+	as set forth in section 19-1-303, only the following persons or agencies15
	122	+	have access to child abuse or neglect records and reports:16
	123	+	(e.5) (I) A mandatory reporter specified in this subsection17
	124	+	(2)(e.5)(I) who is and continues to be officially and professionally18
	125	+	involved in the ongoing care of the child who was the subject of the19
	126	+	report, but only with regard to information that the mandatory reporter has20
	127	+	a need to know in order to fulfill the mandatory reporter's professional21
	128	+	and official role in maintaining the child's safety. A county department22
	129	+	shall request written affirmation from a mandatory reporter stating that23
	130	+	the reporter continues to be officially and professionally involved in the24
	131	+	ongoing care of the child who was the subject of the report and describing25
	132	+	the nature of the involvement, unless the county department has actual26
	133	+	knowledge that the mandatory reporter continues to be officially and27
	134	+	1222
	135	+	-4- professionally involved in the ongoing care of the child who was the1
	136	+	subject of the report. This subsection (2)(e.5)(I) applies to:2
98	137		(P) Officials or employees of
99	138		A county departments
	139	+	DEPARTMENT3
	140	+	of health human services, OR A COUNTY DEPARTMENT OF HUMAN or social4
	141	+	services.5
	142	+	SECTION 5. In Colorado Revised Statutes, 19-3-100.5, amend6
	143	+	(3) as follows:7
	144	+	19-3-100.5. Legislative declarations - reasonable efforts -8
	145	+	movement of children and sibling groups. (3) The general assembly9
	146	+	further finds that the implementation of the federal "Adoption Assistance10
	147	+	and Child Welfare Act of 1980", federal Public Law 96-272, is not the11
	148	+	exclusive responsibility of the state department of social HUMAN services12
	149	+	or of local COUNTY OR DISTRICT departments of HUMAN OR social13
	150	+	services. Elected officials at the state and local levels must ensure that14
	151	+	resources and services are available through state and local social services15
	152	+	agencies and through the involvement of the resources of public and16
	153	+	private sources. Judges, attorneys, and guardians ad litem must be17
	154	+	encouraged to take independent responsibility to ensure that "reasonable18
	155	+	efforts" to prevent out-of-home placements have been made only when19
	156	+	appropriate, that permanency occurs for children in foster care, and that20
	157	+	safe child placements occur in each case.21
	158	+	SECTION 6. In Colorado Revised Statutes, 19-3-208, amend22
	159	+	(3)(e) as follows:23
	160	+	19-3-208. Services - county required to provide - out-of-home24
	161	+	placement options - rules - definitions. (3) (e) The department shall25
	162	+	convene a working group within six months after the effective date of this26
	163	+	subsection (3)(e), including the department of education, county27
	164	+	1222
	165	+	-5- departments of human and OR social services, representatives from the1
	166	+	special education directors, and other appropriate school district2
	167	+	representatives, to identify issues related to foster youth education,3
	168	+	transportation, and stability, as described in this subsection (3), and4
	169	+	together, prior to the 2025 regular legislative session, develop written5
	170	+	recommendations to the general assembly regarding any regulatory or6
	171	+	statutory changes that may be required.7
	172	+	SECTION 7. In Colorado Revised Statutes, 19-3-304, amend8
	173	+	(2)(ll) as follows:9
	174	+	19-3-304. Persons required to report child abuse or neglect.10
	175	+	(2) Persons required to report such abuse or neglect or circumstances or11
	176	+	conditions include any:12
	177	+	(ll) Officials or employees of
	178	+	A county departments
	179	+	DEPARTMENT13
	180	+	of health human services, OR A COUNTY DEPARTMENT OF HUMAN or social14
	181	+	services;15
	182	+	SECTION 8. In Colorado Revised Statutes, 19-3-308, amend16
	183	+	(1)(a) as follows:17
	184	+	19-3-308. Action upon report of intrafamilial, institutional, or18
	185	+	third-party abuse - investigations - child protection team - rules -19
	186	+	report. (1) (a) The county department shall respond immediately upon20
	187	+	receipt of any report of a known or suspected incident of intrafamilial21
	188	+	abuse or neglect to assess the abuse involved and the appropriate response22
	189	+	to the report. The assessment shall MUST be in accordance with rules23
	190	+	adopted by the state board of social services HUMAN SERVICES to24
	191	+	determine the risk of harm to such child and the appropriate response to25
	192	+	such risks. Appropriate responses shall include, but are not limited to,26
	193	+	screening reports that do not require further investigation, providing27
	194	+	1222
	195	+	-6- appropriate intervention services, pursuing reports that require further1
	196	+	investigation, and conducting immediate investigations. The immediate2
	197	+	concern of any assessment or investigation shall be IS the protection of3
	198	+	the child, and, where possible, the preservation of the family unit.4
	199	+	SECTION 9. In Colorado Revised Statutes, 19-3-602, amend5
	200	+	(1.5)(a)(I) as follows:6
	201	+	19-3-602. Motion for termination - separate hearing - right to7
	202	+	counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section8
	203	+	19-1-126, the motion for termination shall MUST:9
	204	+	(I) Include a statement indicating what continuing inquiries the10
	205	+	county department of
	206	+	HUMAN OR social services has made in determining11
	207	+	whether the child who is the subject of the termination proceeding is an12
	208	+	Indian child;13
	209	+	SECTION 10. In Colorado Revised Statutes, 22-2-139, amend14
	210	+	(5) as follows:15
	211	+	22-2-139. Memorandum of understanding - notification of risk16
	212	+	- rules. (5) If a change of placement is required for the safety of the17
	213	+	student or if a court, the state department of human services, or a county18
	214	+	department of human or social services makes a placement change with19
	215	+	fewer than ten calendar days notice, the responsible state
	216	+	DEPARTMENT OF20
	217	+	HUMAN SERVICES or county department of human services
	218	+	or social21
	219	+	services shall provide information to the child welfare education liaison,22
	220	+	designated pursuant to section 22-32-138 (2)(a) SECTION 22-32-138, of23
	221	+	the receiving school district, charter school, or institute charter school24
	222	+	within five calendar days following the student's placement. The25
	223	+	information provided to the child welfare education liaison must include,26
	224	+	but need not be limited to, the transitioning student's educational records27
	225	+	1222
	226	+	-7- from the transferring educational facility and an outline of the student's1
	227	+	transitional needs to be successful in the public school setting, which2
	228	+	information would assist the district in meeting the student's needs and3
	229	+	ensuring a successful transition.4
	230	+	SECTION 11. In Colorado Revised Statutes, 22-2-409, amend5
	231	+	(4) as follows:6
	232	+	22-2-409. Notification of risk. (4) If a change of placement is7
	233	+	required for the safety of the student or if a court, the state department of8
	234	+	human services, or a county department of human or social services9
	235	+	makes a placement change with fewer than ten calendar days notice, the10
	236	+	responsible state
	237	+	DEPARTMENT OF HUMAN SERVICES or county department11
	238	+	of human services
	239	+	or social services shall provide information to the child12
	240	+	welfare education liaison, designated pursuant to section 22-32-138 (2)(a)13
	241	+	SECTION 22-32-138, of the receiving school district, charter school, or14
	242	+	institute charter school within five calendar days following the student's15
	243	+	placement. The information provided to the child welfare education16
	244	+	liaison must include, but need not be limited to, the transitioning student's17
	245	+	educational records from the transferring educational facility and an18
	246	+	outline of the student's transitional needs to be successful in the public19
	247	+	school setting, which information would assist the district in meeting the20
	248	+	student's needs and ensuring a successful transition.21
	249	+	SECTION 12. In Colorado Revised Statutes, 22-54-109, amend22
	250	+	(2) as follows:23
	251	+	22-54-109. Attendance in district other than district of24
	252	+	residence. (2) Any court of record, the department of social HUMAN25
	253	+	services, or any other agency authorized to place a child in a residential26
	254	+	child care facility shall notify the school district of residence of such27
	255	+	1222
	256	+	-8- child, the district in which the child will receive educational services, and1
	257	+	the department of education of such placement within fifteen days after2
	258	+	the placement.3
	259	+	SECTION 13. In Colorado Revised Statutes, 23-23-103, amend4
	260	+	(1)(d) as follows:5
	261	+	23-23-103. Evaluations made - when. (1) A child may be6
	262	+	referred to the medical center for diagnostic evaluation and study under7
	263	+	the following conditions:8
	264	+	(d) The director of a county department of
	265	+	HUMAN OR social9
	266	+	services may request an evaluation at the Colorado children's diagnostic10
	267	+	center of a child in the care, custody, or supervision of such county11
	268	+	department when such evaluation will aid it in its determination of the12
	269	+	disposition, placement, or planning for such child; but no such evaluation13
	270	+	shall be requested until such parental consent as is necessary has been14
	271	+	obtained. If such an evaluation is made, the costs thereof shall be
	272	+	ARE15
	273	+	paid by the said county department of HUMAN OR social services.16
	274	+	SECTION 14. In Colorado Revised Statutes, 23-23-107, amend17
	275	+	(1) as follows:18
	276	+	23-23-107. Case histories - preparation and use. (1) In order19
	277	+	to facilitate the work of the center in making a diagnostic evaluation of20
	278	+	a child as provided in this article ARTICLE 23, the county department of21
	279	+	HUMAN OR social services of the county of the child's residence or any22
	280	+	licensed children's agency in such county shall prepare and forward to the23
	281	+	center a social and medical case history of such child to assist the center24
	282	+	in making such diagnosis. Such THE history shall MUST accompany or25
	283	+	precede the child's assignment to the center.26
	284	+	SECTION 15. In Colorado Revised Statutes, 25-20.5-406,27
	285	+	1222
	286	+	-9- amend (2)(b)(V) as follows:1
	287	+	25-20.5-406. State review team - creation - membership -2
	288	+	vacancies. (2) (b) The executive director of the department of human3
	289	+	services shall appoint six voting members, as follows:4
	290	+	(V) One member who represents the directors of county5
	291	+	departments of
	292	+	HUMAN OR social services.6
	293	+	SECTION 16. In Colorado Revised Statutes, 25.5-1-105, amend7
	294	+	(1), (2), (3), and (5) as follows:8
	295	+	25.5-1-105. Transfer of functions. (1) The state department9
	296	+	shall, on and after July 1, 1994, execute, administer, perform, and enforce10
	297	+	the rights, powers, duties, functions, and obligations vested prior to July11
	298	+	1, 1994, in the Colorado health data commission within the department12
	299	+	of local affairs, the department of social
	300	+	HUMAN services concerning the13
	301	+	"Colorado Medical Assistance Act", and the university of Colorado health14
	302	+	sciences center concerning health care for the medically indigent.15
	303	+	(2) All rules, regulations, and orders of the department of local16
	304	+	affairs, the state department of social HUMAN services, the state board of17
	305	+	social HUMAN services, the department of regulatory agencies, and the18
	306	+	university of Colorado health sciences center adopted prior to July 1,19
	307	+	1994, in connection with the powers, duties, and functions transferred to20
	308	+	the state department shall continue to be effective until revised, amended,21
	309	+	repealed, or nullified pursuant to law. On and after July 1, 1994, the state22
	310	+	board or the executive director, whichever is appropriate, shall adopt rules23
	311	+	necessary for the administration of the state department and the24
	312	+	administration of the programs set forth in this title TITLE 25.5.25
	313	+	(3) No suit, action, or other judicial or administrative proceeding26
	314	+	lawfully commenced prior to July 1, 1994, or which could have been27
	315	+	1222
	316	+	-10- commenced prior to such date, by or against the department of local1
	317	+	affairs, the state department of social HUMAN services, the department of2
	318	+	regulatory agencies, or the university of Colorado health sciences center,3
	319	+	or any officer thereof in such officer's official capacity or in relation to4
	320	+	the discharge of the official's duties, shall abate by reason of the transfer5
	321	+	of duties and functions from said departments to the state department.6
	322	+	(5) The revisor of statutes is hereby authorized to change all7
	323	+	references in the Colorado Revised Statutes to the department of local8
	324	+	affairs, the state department of social HUMAN services, the department of9
	325	+	regulatory agencies, and the university of Colorado health sciences center10
	326	+	from said references to the state department, as appropriate and with11
	327	+	respect to the powers, duties, and functions transferred to the state12
	328	+	department. In connection with such authority, the revisor of statutes is13
	329	+	hereby authorized to amend or delete provisions of the Colorado Revised14
	330	+	Statutes so as to make the statutes consistent with the powers, duties, and15
	331	+	functions transferred pursuant to this section.16
	332	+	SECTION 17. In Colorado Revised Statutes, 26-1-127, amend17
	333	+	(1.5) as follows:18
	334	+	26-1-127. Fraudulent acts. (1.5) To the extent not otherwise19
	335	+	prohibited by state or federal law, any person against whom a county20
100	336		department of
101		-	health human services, OR A COUNTY DEPARTMENT OF HUMAN or social
102		-	services.
103		-	PAGE 3-HOUSE BILL 24-1222 SECTION 5. In Colorado Revised Statutes, 19-3-100.5, amend (3)
104		-	as follows:
105		-	19-3-100.5. Legislative declarations - reasonable efforts -
106		-	movement of children and sibling groups. (3) The general assembly
107		-	further finds that the implementation of the federal "Adoption Assistance
108		-	and Child Welfare Act of 1980", federal Public Law 96-272, is not the
109		-	exclusive responsibility of the state department of social
110		-	HUMAN services
111		-	or of local COUNTY OR DISTRICT departments of HUMAN OR social services.
112		-	Elected officials at the state and local levels must ensure that resources and
113		-	services are available through state and local social services agencies and
114		-	through the involvement of the resources of public and private sources.
115		-	Judges, attorneys, and guardians ad litem must be encouraged to take
116		-	independent responsibility to ensure that "reasonable efforts" to prevent
117		-	out-of-home placements have been made only when appropriate, that
118		-	permanency occurs for children in foster care, and that safe child
119		-	placements occur in each case.
120		-	SECTION 6. In Colorado Revised Statutes, 19-3-208, amend (3)(e)
121		-	as follows:
122		-	19-3-208. Services - county required to provide - out-of-home
123		-	placement options - rules - definitions. (3) (e) The department shall
124		-	convene a working group within six months after the effective date of this
125		-	subsection (3)(e), including the department of education, county
126		-	departments of human and
127		-	OR social services, representatives from the
128		-	special education directors, and other appropriate school district
129		-	representatives, to identify issues related to foster youth education,
130		-	transportation, and stability, as described in this subsection (3), and
131		-	together, prior to the 2025 regular legislative session, develop written
132		-	recommendations to the general assembly regarding any regulatory or
133		-	statutory changes that may be required.
134		-	SECTION 7. In Colorado Revised Statutes, 19-3-304, amend
135		-	(2)(ll) as follows:
136		-	19-3-304. Persons required to report child abuse or neglect.
137		-	(2) Persons required to report such abuse or neglect or circumstances or
138		-	conditions include any:
139		-	PAGE 4-HOUSE BILL 24-1222 (ll) Officials or employees of A county departments DEPARTMENT of
140		-	health human services, OR A COUNTY DEPARTMENT OF HUMAN or social
141		-	services;
142		-	SECTION 8. In Colorado Revised Statutes, 19-3-308, amend (1)(a)
143		-	as follows:
144		-	19-3-308. Action upon report of intrafamilial, institutional, or
145		-	third-party abuse - investigations - child protection team - rules -
146		-	report. (1) (a) The county department shall respond immediately upon
147		-	receipt of any report of a known or suspected incident of intrafamilial abuse
148		-	or neglect to assess the abuse involved and the appropriate response to the
149		-	report. The assessment shall
150		-	MUST be in accordance with rules adopted by
151		-	the state board of social services HUMAN SERVICES to determine the risk of
152		-	harm to such child and the appropriate response to such risks. Appropriate
153		-	responses shall
154		-	include, but are not limited to, screening reports that do not
155		-	require further investigation, providing appropriate intervention services,
156		-	pursuing reports that require further investigation, and conducting
157		-	immediate investigations. The immediate concern of any assessment or
158		-	investigation shall be
159		-	IS the protection of the child, and, where possible, the
160		-	preservation of the family unit.
161		-	SECTION 9. In Colorado Revised Statutes, 19-3-602, amend
162		-	(1.5)(a)(I) as follows:
163		-	19-3-602. Motion for termination - separate hearing - right to
164		-	counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section
165		-	19-1-126, the motion for termination shall MUST:
166		-	(I) Include a statement indicating what continuing inquiries the
167		-	county department of
168		-	HUMAN OR social services has made in determining
169		-	whether the child who is the subject of the termination proceeding is an
170		-	Indian child;
171		-	SECTION 10. In Colorado Revised Statutes, 22-2-139, amend (5)
172		-	as follows:
173		-	22-2-139. Memorandum of understanding - notification of risk
174		-	- rules. (5) If a change of placement is required for the safety of the student
175		-	or if a court, the state department of human services, or a county department
176		-	PAGE 5-HOUSE BILL 24-1222 of human or social services makes a placement change with fewer than ten
177		-	calendar days notice, the responsible state
178		-	DEPARTMENT OF HUMAN
179		-	SERVICES
180		-	or county department of human services
181		-	or social services shall
182		-	provide information to the child welfare education liaison, designated
183		-	pursuant to section 22-32-138 (2)(a)
184		-	SECTION 22-32-138, of the receiving
185		-	school district, charter school, or institute charter school within five
186		-	calendar days following the student's placement. The information provided
187		-	to the child welfare education liaison must include, but need not be limited
188		-	to, the transitioning student's educational records from the transferring
189		-	educational facility and an outline of the student's transitional needs to be
190		-	successful in the public school setting, which information would assist the
191		-	district in meeting the student's needs and ensuring a successful transition.
192		-	SECTION 11. In Colorado Revised Statutes, 22-2-409, amend (4)
193		-	as follows:
194		-	22-2-409. Notification of risk. (4) If a change of placement is
195		-	required for the safety of the student or if a court, the state department of
196		-	human services, or a county department of human or social services makes
197		-	a placement change with fewer than ten calendar days notice, the
198		-	responsible state
199		-	DEPARTMENT OF HUMAN SERVICES or county department
200		-	of human services
201		-	or social services shall provide information to the child
202		-	welfare education liaison, designated pursuant to section 22-32-138 (2)(a)
203		-	SECTION 22-32-138, of the receiving school district, charter school, or
204		-	institute charter school within five calendar days following the student's
205		-	placement. The information provided to the child welfare education liaison
206		-	must include, but need not be limited to, the transitioning student's
207		-	educational records from the transferring educational facility and an outline
208		-	of the student's transitional needs to be successful in the public school
209		-	setting, which information would assist the district in meeting the student's
210		-	needs and ensuring a successful transition.
211		-	SECTION 12. In Colorado Revised Statutes, 22-54-109, amend (2)
212		-	as follows:
213		-	22-54-109. Attendance in district other than district of residence.
214		-	(2) Any court of record, the department of social
215		-	HUMAN services, or any
216		-	other agency authorized to place a child in a residential child care facility
217		-	shall notify the school district of residence of such child, the district in
218		-	which the child will receive educational services, and the department of
219		-	PAGE 6-HOUSE BILL 24-1222 education of such placement within fifteen days after the placement.
220		-	SECTION 13. In Colorado Revised Statutes, 23-23-103, amend
221		-	(1)(d) as follows:
222		-	23-23-103. Evaluations made - when. (1) A child may be referred
223		-	to the medical center for diagnostic evaluation and study under the
224		-	following conditions:
225		-	(d) The director of a county department of
226		-	HUMAN OR social services
227		-	may request an evaluation at the Colorado children's diagnostic center of a
228		-	child in the care, custody, or supervision of such county department when
229		-	such evaluation will aid it in its determination of the disposition, placement,
230		-	or planning for such child; but no such evaluation shall be requested until
231		-	such parental consent as is necessary has been obtained. If such an
232		-	evaluation is made, the costs thereof shall be
233		-	ARE paid by the said county
234		-	department of
235		-	HUMAN OR social services.
236		-	SECTION 14. In Colorado Revised Statutes, 23-23-107, amend (1)
237		-	as follows:
238		-	23-23-107. Case histories - preparation and use. (1) In order to
239		-	facilitate the work of the center in making a diagnostic evaluation of a child
240		-	as provided in this article
241		-	ARTICLE 23, the county department of HUMAN OR
242		-	social services of the county of the child's residence or any licensed children's agency in such county shall prepare and forward to the center a social and medical case history of such child to assist the center in making such diagnosis. Such
243		-	THE history shall MUST accompany or precede the
244		-	child's assignment to the center.
245		-	SECTION 15. In Colorado Revised Statutes, 25-20.5-406, amend
246		-	(2)(b)(V) as follows:
247		-	25-20.5-406. State review team - creation - membership -
248		-	vacancies. (2) (b) The executive director of the department of human
249		-	services shall appoint six voting members, as follows:
250		-	(V) One member who represents the directors of county departments
251		-	of
252		-	HUMAN OR social services.
253		-	PAGE 7-HOUSE BILL 24-1222 SECTION 16. In Colorado Revised Statutes, 25.5-1-105, amend
254		-	(1), (2), (3), and (5) as follows:
255		-	25.5-1-105. Transfer of functions. (1) The state department shall,
256		-	on and after July 1, 1994, execute, administer, perform, and enforce the
257		-	rights, powers, duties, functions, and obligations vested prior to July 1,
258		-	1994, in the Colorado health data commission within the department of
259		-	local affairs, the department of social
260		-	HUMAN services concerning the
261		-	"Colorado Medical Assistance Act", and the university of Colorado health
262		-	sciences center concerning health care for the medically indigent.
263		-	(2) All rules, regulations, and orders of the department of local
264		-	affairs, the state
265		-	department of social HUMAN services, the state board of
266		-	social HUMAN services, the department of regulatory agencies, and the
267		-	university of Colorado health sciences center adopted prior to July 1, 1994,
268		-	in connection with the powers, duties, and functions transferred to the state
269		-	department shall
270		-	continue to be effective until revised, amended, repealed,
271		-	or nullified pursuant to law. On and after July 1, 1994, the state board or the
272		-	executive director, whichever is appropriate, shall adopt rules necessary for
273		-	the administration of the state department and the administration of the
274		-	programs set forth in this title
275		-	TITLE 25.5.
276		-	(3) No suit, action, or other judicial or administrative proceeding
277		-	lawfully commenced prior to July 1, 1994, or which could have been
278		-	commenced prior to such date, by or against the department of local affairs,
279		-	the state
280		-	department of social HUMAN services, the department of regulatory
281		-	agencies, or the university of Colorado health sciences center, or any officer
282		-	thereof in such officer's official capacity or in relation to the discharge of
283		-	the official's duties, shall abate by reason of the transfer of duties and
284		-	functions from said departments to the state department.
285		-	(5) The revisor of statutes is hereby authorized to change all
286		-	references in the Colorado Revised Statutes to the department of local
287		-	affairs, the state
288		-	department of social HUMAN services, the department of
289		-	regulatory agencies, and the university of Colorado health sciences center
290		-	from said references to the state department, as appropriate and with respect
291		-	to the powers, duties, and functions transferred to the state department. In
292		-	connection with such authority, the revisor of statutes is hereby authorized
293		-	to amend or delete provisions of the Colorado Revised Statutes so as to
294		-	make the statutes consistent with the powers, duties, and functions
295		-	PAGE 8-HOUSE BILL 24-1222 transferred pursuant to this section.
296		-	SECTION 17. In Colorado Revised Statutes, 26-1-127, amend
297		-	(1.5) as follows:
298		-	26-1-127. Fraudulent acts. (1.5) To the extent not otherwise
299		-	prohibited by state or federal law, any person against whom a county
300		-	department of
301		-	HUMAN OR social services, the state department, or the
302		-	department of early childhood obtains a civil judgment in a state or federal
303		-	court of record in this state based on allegations that the person obtained or
304		-	willfully aided and abetted another to obtain public assistance or vendor
305		-	payments or medical assistance as defined in this title 26 or child care
306		-	assistance as described in part 1 of article 4 of title 26.5 to which the person
307		-	is not entitled or in an amount greater than that to which the person is justly
308		-	entitled or payment of any forfeited installment grants or benefits to which
309		-	the person is not entitled or in a greater amount than that to which the
310		-	person is entitled, by means of a willfully false statement or representation,
311		-	or by impersonation, or by any other fraudulent device, is disqualified from
312		-	participation in the program pursuant to article 2 of this title 26 or part 1 of
313		-	article 4 of title 26.5 in which a recipient is found to have committed an
314		-	intentional program violation for one year for a first incident, two years for
315		-	a second incident, and permanently for a third or subsequent incident. Such
316		-	disqualification is mandatory and is in addition to any other remedy
317		-	available to a judgment creditor.
318		-	SECTION 18. In Colorado Revised Statutes, 26-2-703, amend (8)
319		-	as follows:
320		-	26-2-703. Definitions. As used in this part 7, unless the context
321		-	otherwise requires:
322		-	(8) "County department" means:
323		-	(a) The department of social services, human services,
324		-	A COUNTY
325		-	DEPARTMENT OF HUMAN OR SOCIAL SERVICES
326		-	or health and human services
327		-	of a county or a city and county; or
328		-	(b) Any combination of departments of social services of a countyor a city and county COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES
329		-	that are approved by the state department to implement a county block grant
330		-	PAGE 9-HOUSE BILL 24-1222 jointly pursuant to the provisions of section 26-2-718.
331		-	SECTION 19. In Colorado Revised Statutes, 26.5-2-103, amend
332		-	(2)(c)(V) as follows:
333		-	26.5-2-103. Local coordinating organization - applications -
334		-	selection - rules. (2) An entity that seeks to serve as a local coordinating
335		-	organization must apply to the department in accordance with department
336		-	rules, if any, procedures, and timelines. At a minimum, the application must
337		-	include:
338		-	(c) The applicant's plan to coordinate with, at a minimum, the
339		-	following entities within the proposed community:
340		-	(V) County departments of human and
341		-	OR social services in
342		-	providing child care services through the Colorado child care assistance
343		-	program established in part 1 of article 4 of this title 26.5 and other family
344		-	support programs and services;
345		-	SECTION 20. In Colorado Revised Statutes, 26.5-2-104, amend
346		-	(1)(a)(XI) as follows:
347		-	26.5-2-104. Local coordinating organization - community plan
348		-	- duties. (1) (a) Each local coordinating organization shall adopt a
349		-	community plan that fosters equitable access for families to, and robust
350		-	participation by providers in, early childhood and family support programs
351		-	and services by increasing access to, coordinating, and allocating funding
352		-	for said programs and services within the community. The community plan
353		-	must, at a minimum, address:
354		-	(XI) The manner in which the local coordinating organization, in
355		-	accordance with department requirements, will ensure transparency within
356		-	the community concerning the amount of money available for and used to
357		-	support early childhood and family support programs and services from all
358		-	sources, including local property tax and sales tax and the maintenance of
359		-	effort for child care assistance provided by county departments of human
360		-	and
361		-	OR social services within the community.
362		-	SECTION 21. In Colorado Revised Statutes, 26.5-2-203, amend
363		-	(3) as follows:
364		-	PAGE 10-HOUSE BILL 24-1222 26.5-2-203. Early childhood councils - established - rules. (3) For
365		-	new councils or for existing councils or partnerships that decide to
366		-	reconfigure pursuant to this part 2, the board or boards of county
367		-	commissioners shall designate a convening entity, which may include but
368		-	is not limited to a local resource and referral agency, a county department
369		-	of human services
370		-	or social services, a local school district, a department of
371		-	public health, or, prior to July 1, 2023, a Colorado preschool program
372		-	council. The convening entity may convene a council either as part of a
373		-	single county or as part of a multi-county regional network.
374		-	SECTION 22. In Colorado Revised Statutes, amend 30-10-528 as
375		-	follows:
376		-	30-10-528. Incarcerated parents - family services coordinator.
377		-	Each sheriff shall designate at least one individual to serve as a
378		-	communication liaison between the county jail and county departments of
379		-	human
380		-	OR SOCIAL services concerning children subject to an open
381		-	dependency and neglect case whose parents are incarcerated in the jail for
382		-	the purpose of improving communication and ensuring opportunities for
383		-	family time.
384		-	SECTION 23. Act subject to petition - effective date. This act
385		-	takes effect at 12:01 a.m. on the day following the expiration of the
386		-	ninety-day period after final adjournment of the general assembly; except
387		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
388		-	of the state constitution against this act or an item, section, or part of this act
389		-	within such period, then the act, item, section, or part will not take effect
390		-	unless approved by the people at the general election to be held in
391		-	PAGE 11-HOUSE BILL 24-1222 November 2024 and, in such case, will take effect on the date of the official
392		-	declaration of the vote thereon by the governor.
393		-	____________________________ ____________________________
394		-	Julie McCluskie Steve Fenberg
395		-	SPEAKER OF THE HOUSE PRESIDENT OF
396		-	OF REPRESENTATIVES THE SENATE
397		-	____________________________ ____________________________
398		-	Robin Jones Cindi L. Markwell
399		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
400		-	OF REPRESENTATIVES THE SENATE
401		-	APPROVED________________________________________
402		-	(Date and Time)
403		-	_________________________________________
404		-	Jared S. Polis
405		-	GOVERNOR OF THE STATE OF COLORADO
406		-	PAGE 12-HOUSE BILL 24-1222
	337	+	HUMAN OR social services, the state department, or the21
	338	+	department of early childhood obtains a civil judgment in a state or22
	339	+	federal court of record in this state based on allegations that the person23
	340	+	obtained or willfully aided and abetted another to obtain public assistance24
	341	+	or vendor payments or medical assistance as defined in this title 26 or25
	342	+	child care assistance as described in part 1 of article 4 of title 26.5 to26
	343	+	which the person is not entitled or in an amount greater than that to which27
	344	+	1222
	345	+	-11- the person is justly entitled or payment of any forfeited installment grants1
	346	+	or benefits to which the person is not entitled or in a greater amount than2
	347	+	that to which the person is entitled, by means of a willfully false3
	348	+	statement or representation, or by impersonation, or by any other4
	349	+	fraudulent device, is disqualified from participation in the program5
	350	+	pursuant to article 2 of this title 26 or part 1 of article 4 of title 26.5 in6
	351	+	which a recipient is found to have committed an intentional program7
	352	+	violation for one year for a first incident, two years for a second incident,8
	353	+	and permanently for a third or subsequent incident. Such disqualification9
	354	+	is mandatory and is in addition to any other remedy available to a10
	355	+	judgment creditor.11
	356	+	SECTION 18. In Colorado Revised Statutes, 26-2-703, amend12
	357	+	(8) as follows:13
	358	+	26-2-703. Definitions. As used in this part 7, unless the context14
	359	+	otherwise requires: 15
	360	+	(8) "County department" means:16
	361	+	(a) The department of social services, human services, A COUNTY17
	362	+	DEPARTMENT OF HUMAN OR SOCIAL SERVICES or health and human18
	363	+	services of a county or a city and county; or19
	364	+	(b) Any combination of departments of social services of a county20
	365	+	or a city and county COUNTY DEPARTMENTS OF HUMAN OR SOCIAL21
	366	+	SERVICES that are approved by the state department to implement a county22
	367	+	block grant jointly pursuant to the provisions of section 26-2-718.23
	368	+	SECTION 19. In Colorado Revised Statutes, 26.5-2-103, amend24
	369	+	(2)(c)(V) as follows:25
	370	+	26.5-2-103. Local coordinating organization - applications -26
	371	+	selection - rules. (2) An entity that seeks to serve as a local coordinating27
	372	+	1222
	373	+	-12- organization must apply to the department in accordance with department1
	374	+	rules, if any, procedures, and timelines. At a minimum, the application2
	375	+	must include:3
	376	+	(c) The applicant's plan to coordinate with, at a minimum, the4
	377	+	following entities within the proposed community:5
	378	+	(V) County departments of human and OR social services in6
	379	+	providing child care services through the Colorado child care assistance7
	380	+	program established in part 1 of article 4 of this title 26.5 and other family8
	381	+	support programs and services;9
	382	+	SECTION 20. In Colorado Revised Statutes, 26.5-2-104, amend10
	383	+	(1)(a)(XI) as follows:11
	384	+	26.5-2-104. Local coordinating organization - community plan12
	385	+	- duties. (1) (a) Each local coordinating organization shall adopt a13
	386	+	community plan that fosters equitable access for families to, and robust14
	387	+	participation by providers in, early childhood and family support15
	388	+	programs and services by increasing access to, coordinating, and16
	389	+	allocating funding for said programs and services within the community.17
	390	+	The community plan must, at a minimum, address:18
	391	+	(XI) The manner in which the local coordinating organization, in19
	392	+	accordance with department requirements, will ensure transparency20
	393	+	within the community concerning the amount of money available for and21
	394	+	used to support early childhood and family support programs and services22
	395	+	from all sources, including local property tax and sales tax and the23
	396	+	maintenance of effort for child care assistance provided by county24
	397	+	departments of human and OR social services within the community.25
	398	+	SECTION 21. In Colorado Revised Statutes, 26.5-2-203, amend26
	399	+	(3) as follows:27
	400	+	1222
	401	+	-13- 26.5-2-203. Early childhood councils - established - rules.1
	402	+	(3) For new councils or for existing councils or partnerships that decide2
	403	+	to reconfigure pursuant to this part 2, the board or boards of county3
	404	+	commissioners shall designate a convening entity, which may include but4
	405	+	is not limited to a local resource and referral agency, a county department5
	406	+	of human services or social services, a local school district, a department6
	407	+	of public health, or, prior to July 1, 2023, a Colorado preschool program7
	408	+	council. The convening entity may convene a council either as part of a8
	409	+	single county or as part of a multi-county regional network.9
	410	+	SECTION 22. In Colorado Revised Statutes, amend 30-10-52810
	411	+	as follows:11
	412	+	30-10-528. Incarcerated parents - family services coordinator.12
	413	+	Each sheriff shall designate at least one individual to serve as a13
	414	+	communication liaison between the county jail and county departments14
	415	+	of human
	416	+	OR SOCIAL services concerning children subject to an open15
	417	+	dependency and neglect case whose parents are incarcerated in the jail for16
	418	+	the purpose of improving communication and ensuring opportunities for17
	419	+	family time.18
	420	+	SECTION 23. Act subject to petition - effective date. This act19
	421	+	takes effect at 12:01 a.m. on the day following the expiration of the20
	422	+	ninety-day period after final adjournment of the general assembly; except21
	423	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V22
	424	+	of the state constitution against this act or an item, section, or part of this23
	425	+	act within such period, then the act, item, section, or part will not take24
	426	+	effect unless approved by the people at the general election to be held in25
	427	+	November 2024 and, in such case, will take effect on the date of the26
	428	+	official declaration of the vote thereon by the governor.27
	429	+	1222
	430	+	-14-