HOUSE BILL 24-1222
BY REPRESENTATIVE(S) Pugliese and McLachlan, Bradley, Epps,
Boesenecker, Clifford, Duran, Jodeh, Marshall;
also SENATOR(S) Rich, Pelton B., Priola
.
C
ONCERNING UPDATING TERMINOLOGY THAT REFERS TO ENTITIES THAT
ADMINISTER HUMAN SERVICES PROGRAMS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-5.5-105, amend
(2)(d)(I) as follows:
13-5.5-105. Powers and duties of the state and district
commissions - rules. (2) In addition to other powers conferred and duties
imposed upon the state commission by this article 5.5 and section
13-5.5-106, the state commission has the following powers and duties:
(d) (I) To develop surveys to evaluate the performance of justices
and judges, which surveys are completed by individuals who interact with
the court, including but not limited to attorneys, jurors, represented and
unrepresented litigants; law enforcement personnel; attorneys within the
district attorneys' and public defenders' offices, employees of the court,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. court interpreters, employees of probation offices, and employees of local
COUNTY departments of HUMAN OR social services; and victims of crimes,
as defined in section 24-4.1-302 (5);
SECTION 2. In Colorado Revised Statutes, 17-26-140, amend (2)
as follows:
17-26-140. Continuity of care for persons released from jail.
(2) A county jail shall provide medicaid enrollment or reenrollment
paperwork to a person who is incarcerated in the jail and is eligible for
medicaid benefits when the person enters the county jail. The county jail
must file the medicaid paperwork with the county department of health and
human OR SOCIAL services upon releasing the person from the county jail's
custody.
SECTION 3. In Colorado Revised Statutes, 17-42-105, amend
(2)(b), (4), and (5)(a) as follows:
17-42-105. Incarcerated parents - notification to court -
mittimus - family services coordinator - report - policies. (2) If a
person's mittimus contains information indicating that the person is a parent
to a child and is a party to an open dependency and neglect proceeding
pursuant to article 3 of title 19, the department shall:
(b) Notify the county department of human
OR SOCIAL services
where the dependency and neglect case is filed of the location of the
parent's correctional facility and the contact information for the designated
individual within the legal services unit not later than fourteen days after the
parent's arrival at the facility.
(4) The department shall designate at least one individual within the
legal services unit to assist in family services coordination. The individual's
duties include the coordination and supervision of the opportunities
described in subsection (3) of this section and serving as a liaison between
the department, sheriffs, state and county departments of
DEPARTMENT OF
human services, COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES , and
agencies concerning matters related to children and their parents who are
incarcerated.
(5) (a) On or before March 1, 2024, and on or before March 1 each
PAGE 2-HOUSE BILL 24-1222 year thereafter, the executive director of the department shall submit a
report to the judiciary committees of the senate and house of
representatives, or any successor committees, concerning parents who are
incarcerated. The department shall cooperate with the state department of
human services, county departments of human
OR SOCIAL services, and
sheriffs as necessary to identify the information required for the report. At
a minimum, the report must specify persons incarcerated in department
facilities, private correctional facilities under contract with the department,
and jails, during the preceding calendar year who were a party to an open
dependency and neglect proceeding, in total and disaggregated by race or
ethnicity, sex, any known disability, and age.
SECTION 4. In Colorado Revised Statutes, 19-1-307, amend
(2)(e.5)(I)(P) as follows:
19-1-307. Dependency and neglect records and information -
access - fee - records and reports fund - misuse of information - penalty
- adult protective services data system check - rules. (2) Records and
reports - access to certain persons - agencies. Except as set forth in
section 19-1-303, only the following persons or agencies have access to
child abuse or neglect records and reports:
(e.5) (I) A mandatory reporter specified in this subsection (2)(e.5)(I)
who is and continues to be officially and professionally involved in the
ongoing care of the child who was the subject of the report, but only with
regard to information that the mandatory reporter has a need to know in
order to fulfill the mandatory reporter's professional and official role in
maintaining the child's safety. A county department shall request written
affirmation from a mandatory reporter stating that the reporter continues to
be officially and professionally involved in the ongoing care of the child
who was the subject of the report and describing the nature of the
involvement, unless the county department has actual knowledge that the
mandatory reporter continues to be officially and professionally involved
in the ongoing care of the child who was the subject of the report. This
subsection (2)(e.5)(I) applies to:
(P) Officials or employees of
A county departments
DEPARTMENT of
health human services, OR A COUNTY DEPARTMENT OF HUMAN or social
services.
PAGE 3-HOUSE BILL 24-1222 SECTION 5. In Colorado Revised Statutes, 19-3-100.5, amend (3)
as follows:
19-3-100.5. Legislative declarations - reasonable efforts -
movement of children and sibling groups. (3) The general assembly
further finds that the implementation of the federal "Adoption Assistance
and Child Welfare Act of 1980", federal Public Law 96-272, is not the
exclusive responsibility of the state department of social
HUMAN services
or of local COUNTY OR DISTRICT departments of HUMAN OR social services.
Elected officials at the state and local levels must ensure that resources and
services are available through state and local social services agencies and
through the involvement of the resources of public and private sources.
Judges, attorneys, and guardians ad litem must be encouraged to take
independent responsibility to ensure that "reasonable efforts" to prevent
out-of-home placements have been made only when appropriate, that
permanency occurs for children in foster care, and that safe child
placements occur in each case.
SECTION 6. In Colorado Revised Statutes, 19-3-208, amend (3)(e)
as follows:
19-3-208. Services - county required to provide - out-of-home
placement options - rules - definitions. (3) (e) The department shall
convene a working group within six months after the effective date of this
subsection (3)(e), including the department of education, county
departments of human and
OR social services, representatives from the
special education directors, and other appropriate school district
representatives, to identify issues related to foster youth education,
transportation, and stability, as described in this subsection (3), and
together, prior to the 2025 regular legislative session, develop written
recommendations to the general assembly regarding any regulatory or
statutory changes that may be required.
SECTION 7. In Colorado Revised Statutes, 19-3-304, amend
(2)(ll) as follows:
19-3-304. Persons required to report child abuse or neglect.
(2) Persons required to report such abuse or neglect or circumstances or
conditions include any:
PAGE 4-HOUSE BILL 24-1222 (ll) Officials or employees of A county departments DEPARTMENT of
health human services, OR A COUNTY DEPARTMENT OF HUMAN or social
services;
SECTION 8. In Colorado Revised Statutes, 19-3-308, amend (1)(a)
as follows:
19-3-308. Action upon report of intrafamilial, institutional, or
third-party abuse - investigations - child protection team - rules -
report. (1) (a) The county department shall respond immediately upon
receipt of any report of a known or suspected incident of intrafamilial abuse
or neglect to assess the abuse involved and the appropriate response to the
report. The assessment shall
MUST be in accordance with rules adopted by
the state board of social services HUMAN SERVICES to determine the risk of
harm to such child and the appropriate response to such risks. Appropriate
responses shall
include, but are not limited to, screening reports that do not
require further investigation, providing appropriate intervention services,
pursuing reports that require further investigation, and conducting
immediate investigations. The immediate concern of any assessment or
investigation shall be
IS the protection of the child, and, where possible, the
preservation of the family unit.
SECTION 9. In Colorado Revised Statutes, 19-3-602, amend
(1.5)(a)(I) as follows:
19-3-602. Motion for termination - separate hearing - right to
counsel - no jury trial. (1.5) (a) Pursuant to the provisions of section
19-1-126, the motion for termination shall MUST:
(I) Include a statement indicating what continuing inquiries the
county department of
HUMAN OR social services has made in determining
whether the child who is the subject of the termination proceeding is an
Indian child;
SECTION 10. In Colorado Revised Statutes, 22-2-139, amend (5)
as follows:
22-2-139. Memorandum of understanding - notification of risk
- rules. (5) If a change of placement is required for the safety of the student
or if a court, the state department of human services, or a county department
PAGE 5-HOUSE BILL 24-1222 of human or social services makes a placement change with fewer than ten
calendar days notice, the responsible state
DEPARTMENT OF HUMAN
SERVICES
or county department of human services
or social services shall
provide information to the child welfare education liaison, designated
pursuant to section 22-32-138 (2)(a)
SECTION 22-32-138, of the receiving
school district, charter school, or institute charter school within five
calendar days following the student's placement. The information provided
to the child welfare education liaison must include, but need not be limited
to, the transitioning student's educational records from the transferring
educational facility and an outline of the student's transitional needs to be
successful in the public school setting, which information would assist the
district in meeting the student's needs and ensuring a successful transition.
SECTION 11. In Colorado Revised Statutes, 22-2-409, amend (4)
as follows:
22-2-409. Notification of risk. (4) If a change of placement is
required for the safety of the student or if a court, the state department of
human services, or a county department of human or social services makes
a placement change with fewer than ten calendar days notice, the
responsible state
DEPARTMENT OF HUMAN SERVICES or county department
of human services
or social services shall provide information to the child
welfare education liaison, designated pursuant to section 22-32-138 (2)(a)
SECTION 22-32-138, of the receiving school district, charter school, or
institute charter school within five calendar days following the student's
placement. The information provided to the child welfare education liaison
must include, but need not be limited to, the transitioning student's
educational records from the transferring educational facility and an outline
of the student's transitional needs to be successful in the public school
setting, which information would assist the district in meeting the student's
needs and ensuring a successful transition.
SECTION 12. In Colorado Revised Statutes, 22-54-109, amend (2)
as follows:
22-54-109. Attendance in district other than district of residence.
(2) Any court of record, the department of social
HUMAN services, or any
other agency authorized to place a child in a residential child care facility
shall notify the school district of residence of such child, the district in
which the child will receive educational services, and the department of
PAGE 6-HOUSE BILL 24-1222 education of such placement within fifteen days after the placement.
SECTION 13. In Colorado Revised Statutes, 23-23-103, amend
(1)(d) as follows:
23-23-103. Evaluations made - when. (1) A child may be referred
to the medical center for diagnostic evaluation and study under the
following conditions:
(d) The director of a county department of
HUMAN OR social services
may request an evaluation at the Colorado children's diagnostic center of a
child in the care, custody, or supervision of such county department when
such evaluation will aid it in its determination of the disposition, placement,
or planning for such child; but no such evaluation shall be requested until
such parental consent as is necessary has been obtained. If such an
evaluation is made, the costs thereof shall be
ARE paid by the said county
department of
HUMAN OR social services.
SECTION 14. In Colorado Revised Statutes, 23-23-107, amend (1)
as follows:
23-23-107. Case histories - preparation and use. (1) In order to
facilitate the work of the center in making a diagnostic evaluation of a child
as provided in this article
ARTICLE 23, the county department of HUMAN OR
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
THE history shall MUST accompany or precede the
child's assignment to the center.
SECTION 15. In Colorado Revised Statutes, 25-20.5-406, amend
(2)(b)(V) as follows:
25-20.5-406. State review team - creation - membership -
vacancies. (2) (b) The executive director of the department of human
services shall appoint six voting members, as follows:
(V) One member who represents the directors of county departments
of
HUMAN OR social services.
PAGE 7-HOUSE BILL 24-1222 SECTION 16. In Colorado Revised Statutes, 25.5-1-105, amend
(1), (2), (3), and (5) as follows:
25.5-1-105. Transfer of functions. (1) The state department shall,
on and after July 1, 1994, execute, administer, perform, and enforce the
rights, powers, duties, functions, and obligations vested prior to July 1,
1994, in the Colorado health data commission within the department of
local affairs, the department of social
HUMAN services concerning the
"Colorado Medical Assistance Act", and the university of Colorado health
sciences center concerning health care for the medically indigent.
(2) All rules, regulations, and orders of the department of local
affairs, the state
department of social HUMAN services, the state board of
social HUMAN services, the department of regulatory agencies, and the
university of Colorado health sciences center adopted prior to July 1, 1994,
in connection with the powers, duties, and functions transferred to the state
department shall
continue to be effective until revised, amended, repealed,
or nullified pursuant to law. On and after July 1, 1994, the state board or the
executive director, whichever is appropriate, shall adopt rules necessary for
the administration of the state department and the administration of the
programs set forth in this title
TITLE 25.5.
(3) No suit, action, or other judicial or administrative proceeding
lawfully commenced prior to July 1, 1994, or which could have been
commenced prior to such date, by or against the department of local affairs,
the state
department of social HUMAN services, the department of regulatory
agencies, or the university of Colorado health sciences center, or any officer
thereof in such officer's official capacity or in relation to the discharge of
the official's duties, shall abate by reason of the transfer of duties and
functions from said departments to the state department.
(5) The revisor of statutes is hereby authorized to change all
references in the Colorado Revised Statutes to the department of local
affairs, the state
department of social HUMAN services, the department of
regulatory agencies, and the university of Colorado health sciences center
from said references to the state department, as appropriate and with respect
to the powers, duties, and functions transferred to the state department. In
connection with such authority, the revisor of statutes is hereby authorized
to amend or delete provisions of the Colorado Revised Statutes so as to
make the statutes consistent with the powers, duties, and functions
PAGE 8-HOUSE BILL 24-1222 transferred pursuant to this section.
SECTION 17. In Colorado Revised Statutes, 26-1-127, amend
(1.5) as follows:
26-1-127. Fraudulent acts. (1.5) To the extent not otherwise
prohibited by state or federal law, any person against whom a county
department of
HUMAN OR social services, the state department, or the
department of early childhood obtains a civil judgment in a state or federal
court of record in this state based on allegations that the person obtained or
willfully aided and abetted another to obtain public assistance or vendor
payments or medical assistance as defined in this title 26 or child care
assistance as described in part 1 of article 4 of title 26.5 to which the person
is not entitled or in an amount greater than that to which the person is justly
entitled or payment of any forfeited installment grants or benefits to which
the person is not entitled or in a greater amount than that to which the
person is entitled, by means of a willfully false statement or representation,
or by impersonation, or by any other fraudulent device, is disqualified from
participation in the program pursuant to article 2 of this title 26 or part 1 of
article 4 of title 26.5 in which a recipient is found to have committed an
intentional program violation for one year for a first incident, two years for
a second incident, and permanently for a third or subsequent incident. Such
disqualification is mandatory and is in addition to any other remedy
available to a judgment creditor.
SECTION 18. In Colorado Revised Statutes, 26-2-703, amend (8)
as follows:
26-2-703. Definitions. As used in this part 7, unless the context
otherwise requires:
(8) "County department" means:
(a) The department of social services, human services,
A COUNTY
DEPARTMENT OF HUMAN OR SOCIAL SERVICES
or health and human services
of a county or a city and county; or
(b) Any combination of departments of social services of a countyor a city and county COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES
that are approved by the state department to implement a county block grant
PAGE 9-HOUSE BILL 24-1222 jointly pursuant to the provisions of section 26-2-718.
SECTION 19. In Colorado Revised Statutes, 26.5-2-103, amend
(2)(c)(V) as follows:
26.5-2-103. Local coordinating organization - applications -
selection - rules. (2) An entity that seeks to serve as a local coordinating
organization must apply to the department in accordance with department
rules, if any, procedures, and timelines. At a minimum, the application must
include:
(c) The applicant's plan to coordinate with, at a minimum, the
following entities within the proposed community:
(V) County departments of human and
OR social services in
providing child care services through the Colorado child care assistance
program established in part 1 of article 4 of this title 26.5 and other family
support programs and services;
SECTION 20. In Colorado Revised Statutes, 26.5-2-104, amend
(1)(a)(XI) as follows:
26.5-2-104. Local coordinating organization - community plan
- duties. (1) (a) Each local coordinating organization shall adopt a
community plan that fosters equitable access for families to, and robust
participation by providers in, early childhood and family support programs
and services by increasing access to, coordinating, and allocating funding
for said programs and services within the community. The community plan
must, at a minimum, address:
(XI) The manner in which the local coordinating organization, in
accordance with department requirements, will ensure transparency within
the community concerning the amount of money available for and used to
support early childhood and family support programs and services from all
sources, including local property tax and sales tax and the maintenance of
effort for child care assistance provided by county departments of human
and
OR social services within the community.
SECTION 21. In Colorado Revised Statutes, 26.5-2-203, amend
(3) as follows:
PAGE 10-HOUSE BILL 24-1222 26.5-2-203. Early childhood councils - established - rules. (3) For
new councils or for existing councils or partnerships that decide to
reconfigure pursuant to this part 2, the board or boards of county
commissioners shall designate a convening entity, which may include but
is not limited to a local resource and referral agency, a county department
of human services
or social services, a local school district, a department of
public health, or, prior to July 1, 2023, a Colorado preschool program
council. The convening entity may convene a council either as part of a
single county or as part of a multi-county regional network.
SECTION 22. In Colorado Revised Statutes, amend 30-10-528 as
follows:
30-10-528. Incarcerated parents - family services coordinator.
Each sheriff shall designate at least one individual to serve as a
communication liaison between the county jail and county departments of
human
OR SOCIAL services concerning children subject to an open
dependency and neglect case whose parents are incarcerated in the jail for
the purpose of improving communication and ensuring opportunities for
family time.
SECTION 23. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-HOUSE BILL 24-1222 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 24-1222