Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0342.02 Jane Ritter x4342
SENATE BILL 24-008
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES .101
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/
.)
Colorado's Child Welfare System Interim Study Committee.
The bill states that a court shall not delay permanency planning for a child
or youth for purposes of maintaining financial support for a kinship foster
care home, or a non-certified kinship foster care home, unless there are
exceptional circumstances as approved by the court.
The bill allows the state department of human services (state
department) to promulgate rules to modify the requirements for kinship
SENATE SPONSORSHIP
Zenzinger and Kirkmeyer, Fields, Michaelson Jenet
HOUSE SPONSORSHIP
Pugliese and Young, Bradley, Duran, Evans, Froelich, Joseph
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. foster care homes, including training topics for kinship foster care
certification.
Emergency financial assistance for a kinship foster care home is
expanded to include goods needed for the child's basic care, including
beds, clothing, and transportation costs, and limited rental or housing
assistance not to exceed a 60-day subsidy.
The bill clarifies the definitions regarding foster care homes,
kinship foster care homes (kinship home), and non-certified kinship foster
care homes (non-certified kinship home). A kinship home is a home that
has been certified by a county department of human or social services
(county department) or a child placement agency to provide 24-hour care
for relatives or kin only who are less than 21 years of age. A kinship
home is eligible for financial assistance and supports. "Kinship foster care
home" does not include a non-certified kinship home. A non-certified
kinship home means a relative or kin who has a significant relationship
with the child or youth and who has either chosen not to pursue the
certification process or who has not met the certification requirements for
a kinship home.
The bill formally establishes the process by which a kinship home
may apply for certification from a county department or child placement
agency. A county department or child placement agency, upon the
completion of the required background checks, may issue a one-time
provisional certificate for a period of 6 months to an applicant at a
specific location who is requesting provisional certification, if requested
by the applicant. If the applicant completes the required background
checks, the county department or child placement agency shall make
payment beginning with the date of placement. The county department or
child placement agency shall complete the certification process within the
timelines promulgated by rule of the state board. The applicant has the
right to appeal any denial of certification. The state department, a county
department, or a child placement agency has the right to revoke a kinship
home's certification for cause.
Prior to issuing a certificate or subsequent certificate to an
applicant to operate a kinship home, a county department or a child
placement agency shall conduct a fingerprint-based criminal history
record check (fingerprint check) through the Colorado bureau of
investigation. The applicant shall pay, unless otherwise paid by a county
department, the costs associated with the fingerprint check to the
Colorado bureau of investigation.
The county department or child placement agency to which the
kinship home applied for certification shall extend the provisional
certification by an additional 60 days if the applicant can demonstrate that
the applicant did not cause the delay in completing all the requirements
for certification.
A kinship home may opt out of the provisional certification
SB24-008
-2- process and remain eligible for supports through sources other than foster
care maintenance.
The bill stipulates that prior to transferring temporary legal custody
of any child or youth to a relative or kin, the court shall make findings
that the relative or kin was advised regarding the differences between
kinship foster care and non-certified kinship care, including but not
limited to financial assistance, custody requirements, and long-term
financial support options.
Kinship foster care homes are eligible for financial reimbursement
and supports at the same rate as foster care homes, as established in rules
promulgated by the state board of human services. Non-certified kinship
care homes are eligible for financial assistance and supports at 50% of the
foster care rate, based on the age of the child or youth receiving care.
The state department shall collaborate with the department of
education, the department of public health and environment, and the
department of health care policy and financing to develop an interagency
resource guide to assist kinship in the certification process. The state
department shall prominently post the interagency resource guide on the
state department's website.
The bill directs the state department and the judicial department to
collect data on the number of children who are placed with certified and
non-certified kin through a dependency and neglect case, regardless of
whether the kin or county has custody of the child or youth. The state
department shall make the data available on its website on or before
January 30, 2025.
On or before October 1, 2024, the state department shall study and
report to the general assembly the feasibility of using federal funds,
including but not limited to federal IV-B, IV-E, or TANF funds, or other
grant funding to provide or reimburse for the provision of brief legal
services or legal representation of relative and kin caregivers.
The bill makes conforming amendments to align statutory sections
related to foster care homes with kinship homes.
The bill takes effect September 1, 2024.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-3-702, amend (3)2
introductory portion as follows:3
19-3-702. Permanency hearing. (3) At any permanency4
planning hearing, the court shall first determine if the child or youth5
should be returned to the child's or youth's parent, named guardian, or6
SB24-008-3- legal custodian and, if applicable, the date on which the child or youth1
must be returned. If the child or youth cannot be returned home, the court2
shall also determine whether reasonable efforts have been made to find3
a safe and stable permanent home for the child or youth. The court shall4
not delay permanency planning by considering the placement of children5
or youth together as a sibling group
OR FOR PURPOSES OF MAINTAINING6
FINANCIAL SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A7
NON-CERTIFIED KINSHIP FOSTER CARE HOME , UNLESS THERE ARE8
EXCEPTIONAL CIRCUMSTANCES APPROVED BY THE COURT . At any9
permanency planning hearing, the court shall make the following10
determinations, when applicable:11
SECTION 2. In Colorado Revised Statutes, 19-7-104, add (4) as12
follows:13
19-7-104. Subjects included within training for certified foster14
parents and kinship foster care - rules. (4) T
HE STATE DEPARTMENT OF15
HUMAN SERVICES MAY PROMULGATE RULES TO MODIFY THE16
REQUIREMENTS OF THIS SECTION FOR KINSHIP FOSTER CARE HOMES ,17
INCLUDING TRAINING TOPICS FOR KINSHIP FOSTER CARE CERTIFICATION .18
SECTION 3. In Colorado Revised Statutes, 26-5.3-105, amend19
(1) introductory portion, (1)(a), and (3) introductory portion; repeal20
(3)(e); and add (3)(h) and (3)(i) as follows:21
26-5.3-105. Eligibility requirements - period of eligibility -22
services available. (1) Families with children
OR YOUTH at imminent risk23
of out-of-home placement shall be
ARE eligible for emergency assistance.24
Assistance shall be IS available to or on behalf of a needy child under OR25
YOUTH WHO IS LESS THAN twenty-one years of age and any other member26
of the household in which the child
OR YOUTH lives if:27
SB24-008
-4- (a) Such THE child OR YOUTH is living with any of the relatives1
described in section 26-2-103 (4)(a) KIN, AS DEFINED IN SECTION2
26-6-903, in a place of residence maintained by the relative as the3
relative's own home KIN;4
(3) Emergency assistance provided pursuant to this article shall5
ARTICLE 5.3 MAY be used for, but shall IS not be limited to: the following:6
(e) In-home supportive homemaker services;7
(h) G
OODS NEEDED FOR THE CHILD'S BASIC CARE, INCLUDING BEDS,8
CLOTHING, AND TRANSPORTATION COSTS; AND9
(i) L
IMITED RENTAL OR HOUSING ASSISTANCE , NOT TO EXCEED A10
SIXTY-DAY SUBSIDY.11
SECTION 4. In Colorado Revised Statutes, amend 26-6-901 as12
follows:13
26-6-901. Short title. The short title of this part 9 is the "Foster14
Care, K
INSHIP FOSTER CARE, Residential, Day Treatment, and CHILD15
P
LACEMENT Agency Licensing AND CERTIFICATION Act".16
SECTION 5. In Colorado Revised Statutes, 26-6-902, amend (1);17
and add (1.5) as follows:18
26-6-902. Legislative declaration. (1) The general assembly19
finds that:20
(a) T
HE regulation, and
licensing, AND FUNDING of foster care21
homes,
KINSHIP FOSTER CARE HOMES, residential and day treatment child22
care facilities, and child placement agencies contribute to a safe and23
healthy environment for children and youth;24
(b) The provision of such an environment affords benefits to25
children and youth, their families, their communities, and the larger26
society; It is the intent of the general assembly that those who regulate
27
SB24-008
-5- and those who are regulated work together to meet the needs of the1
children, youth, their families, foster care providers, child placement2
agencies, and residential and day treatment child care facilities. AND3
(c) S
UPPORTING FAMILIES AND KIN WHO ARE WILLING TO CARE FOR4
A CHILD OR YOUTH IS ONE OF THE MOST IMPORTANT ACTIONS THE STATE5
CAN TAKE TO PROMOTE SAFE AND TIMELY REUNIFICATION , MAINTAIN6
FAMILY CONNECTIONS , CREATE AS NORMAL OF AN EXPERIENCE AS7
POSSIBLE FOR CHILDREN AND YOUTH WHO HAVE BEEN REMOVED FROM8
THEIR HOMES, AND PREVENT FURTHER LONG-TERM INCORPORATION INTO9
THE CHILD WELFARE SYSTEM.10
(1.5) T
HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO11
REGULATE AND FUND, AND THOSE WHO ARE REGULATED AND FUNDED ,12
WORK TOGETHER TO MEET THE NEEDS OF THE CHILDREN , YOUTH, AND13
THEIR FAMILIES; FOSTER CARE PROVIDERS ; KINSHIP FOSTER CARE14
PROVIDERS; CHILD PLACEMENT AGENCIES ; AND RESIDENTIAL AND DAY15
TREATMENT CHILD CARE FACILITIES.16
SECTION 6. In Colorado Revised Statutes, 26-6-903, amend (4),17
(10), and (16); and add (21.5) as follows:18
26-6-903. Definitions. As used in this part 9, unless the context19
otherwise requires:20
(4) "Certification" means the process by which a county21
department of human or social services, a child placement agency, or a22
federally recognized tribe pursuant to applicable federal law approves the23
operation of a foster care home
OR A KINSHIP FOSTER CARE HOME.24
(10) "Foster care home" means a home that is certified by a county25
department or a child placement agency pursuant to section 26-6-910, or26
a federally recognized tribe pursuant to applicable federal law, for child27
SB24-008
-6- care in a place of residence of a family or person for the purpose of1
providing twenty-four-hour family foster care for a child under the age of2
OR YOUTH LESS THAN twenty-one years OF AGE. A foster care home may3
include foster care for a child
OR YOUTH who is unrelated to the head of4
the home. or foster care provided through a kinship foster care home but
5
does not include noncertified kinship care, as defined in section 19-1-103.6
The term includes a foster care home that receives a child for regular7
twenty-four-hour care and a home that receives a child
OR YOUTH from8
a state-operated institution for child care or from a child placement9
agency. "Foster care home" also includes those homes licensed by the10
department pursuant to section 26-6-905 that receive neither money from11
the counties nor children
OR YOUTH placed by the counties.12
(16) "Kinship foster care home" means a
KINSHIP foster care home13
that is certified by a county department or a licensed child placement
14
agency pursuant to section 26-6-910 or a federally recognized tribe15
pursuant to applicable federal law as having met the foster care16
certification requirements, and where the foster care of the child is17
provided by kin. Kinship foster care providers are eligible for foster care18
reimbursement. A kinship foster care home provides twenty-four-hour19
foster care for a child or youth under the age of twenty-one years HAS20
BEEN CERTIFIED PURSUANT TO SECTION 26-6-910 TO CARE FOR A RELATIVE21
OR KIN ONLY . A KINSHIP FOSTER CARE HOME PROVIDES22
TWENTY-FOUR-HOUR FOSTER CARE FOR A CHILD OR YOUTH WHO IS A23
RELATIVE OR KIN, WHO IS LESS THAN TWENTY-ONE YEARS OF AGE, AND24
WHO IS ELIGIBLE FOR FINANCIAL ASSISTANCE AND OTHER SUPPORTS25
PURSUANT TO SECTION 26-6-904.5. "KINSHIP FOSTER CARE HOME" DOES26
NOT INCLUDE NON-CERTIFIED KINSHIP CARE AS THAT TERM IS DEFINED IN27
SB24-008
-7- SUBSECTION (21.5) OF THIS SECTION.1
(21.5) "N
ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT2
IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY -ONE YEARS3
OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP4
WITH THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE5
THE CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION6
REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS7
PART 9.8
SECTION 7. In Colorado Revised Statutes, add 26-6-904.5 as9
follows:10
26-6-904.5. Kinship foster care homes - certification and11
revocation of certification - financial assistance and supports -12
training - interagency resource guide - data - rules. (1) (a) A
KINSHIP13
FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE14
APPLICATION PROCESS OUTLINED IN SECTION 26-6-910. A COUNTY15
DEPARTMENT OR CHILD PLACEMENT AGENCY , UPON THE SUCCESSFUL16
COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO17
SECTION 19-3-406, MAY ISSUE A ONE-TIME PROVISIONAL CERTIFICATE FOR18
A PERIOD OF SIX MONTHS TO AN APPLICANT AT A SPECIFIC LOCATION WHO19
IS REQUESTING PROVISIONAL CERTIFICATION . THE APPLICANT MAY OPT20
OUT OF THE PROVISIONAL CERTIFICATION PROCESS . A PROVISIONAL21
CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE KINSHIP FOSTER22
CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE TO CONFORM TO23
ALL STANDARDS REQUIRED PURSUANT TO THIS PART 9, UPON PROOF BY24
THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO CONFORM TO THE25
STANDARDS OR TO COMPLY WITH ANY OTHER REQUIREMENTS . IF THE26
APPLICANT SUCCESSFULLY COMPLETES THE BACKGROUND CHECKS27
SB24-008
-8- REQUIRED PURSUANT TO SECTION 19-3-406, THE COUNTY DEPARTMENT OR1
CHILD PLACEMENT AGENCY SHALL MAKE PAYMENT BEGINNING WITH THE2
DATE OF PLACEMENT. THE COUNTY DEPARTMENT OR CHILD PLACEMENT3
AGENCY SHALL COMPLETE THE CERTIFICATION PROCESS WITHIN THE4
TIMELINES PROMULGATED BY RULE OF THE STATE BOARD .5
(b) T
HE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY TO6
WHICH THE KINSHIP FOSTER CARE HOME APPLIED FOR CERTIFICATION7
SHALL EXTEND THE PROVISIONAL CERTIFICATION PROVIDED FOR IN8
SUBSECTION (1)(a) OF THIS SECTION BY AN ADDITIONAL SIXTY DAYS IF THE9
APPLICANT CAN DEMONSTRATE THAT THE APPLICANT DID NOT CAUSE THE10
DELAY IN COMPLETING ALL THE REQUIREMENTS FOR CERTIFICATION .11
(c) A
KINSHIP FOSTER CARE HOME MAY OPT OUT OF THE12
PROVISIONAL CERTIFICATION PROCESS AND REMAIN ELIGIBLE FOR13
SUPPORTS THROUGH SOURCES OTHER THAN FOSTER CARE MAINTENANCE .14
(d) P
RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY OF ANY15
CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL MAKE16
FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE17
DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP18
CARE, INCLUDING BUT NOT LIMITED TO FINANCIAL ASSISTANCE , CUSTODY19
REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.20
(e) T
HE APPLICANT HAS THE RIGHT TO APPEAL ANY CERTIFICATION21
DENIAL THAT THE APPLICANT BELIEVES PRESENTS AN UNDUE HARDSHIP OR22
HAS BEEN APPLIED TOO STRINGENTLY BY A COUNTY DEPARTMENT OR23
CHILD PLACEMENT AGENCY . UPON THE FILING OF AN APPEAL , THE24
APPLICANT, COUNTY DEPARTMENT, OR CHILD PLACEMENT AGENCY SHALL25
PROCEED IN THE SAME MANNER AS PRESCRIBED FOR LICENSURE APPEALS26
IN SECTION 26-6-909 (4).27
SB24-008
-9- (f) (I) THE STATE DEPARTMENT, A COUNTY DEPARTMENT , OR A1
CHILD WELFARE AGENCY HAS THE AUTHORITY TO INVESTIGATE AND2
INSPECT A KINSHIP FOSTER CARE HOME AND A NON -CERTIFIED KINSHIP3
HOME PURSUANT TO SECTION 26-6-912 AND TO TAKE APPROPRIATE4
ACTIONS AS DESCRIBED IN SECTION 26-6-912 (1)(d)(I).5
(II) T
HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD6
PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME 'S7
CERTIFICATION IN ACCORDANCE WITH SECTION 26-6-913.8
(2) K
INSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL9
REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE10
HOMES, AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD11
OF HUMAN SERVICES. NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE12
FOR FINANCIAL ASSISTANCE AND SUPPORTS AT FIFTY PERCENT OF THE13
FOSTER CARE RATE, BASED ON THE AGE OF THE CHILD OR YOUTH14
RECEIVING CARE. FUNDING TO COVER FINANCIAL ASSISTANCE AND15
SUPPORTS COMES FROM THE REVENUE STREAM IDENTIFIED IN SUBSECTION16
(3)
OF THIS SECTION.17
(3) T
HE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY18
DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY19
DEPARTMENTS FOR KINSHIP FOSTER CARE DAILY RATES TO SUPPORT20
FINANCIAL ASSISTANCE. THE KINSHIP FOSTER CARE RATE IS EXEMPT FROM21
THE CLOSE-OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3).22
(4) (a) T
HE STATE DEPARTMENT SHALL PROVIDE TRAINING ON THE23
CERTIFICATION STANDARDS TO KINSHIP FOSTER CARE PROVIDERS WHO ARE24
APPLYING FOR CERTIFICATION PURSUANT TO SUBSECTION (1) OF THIS25
SECTION. WHENEVER POSSIBLE, THE STATE DEPARTMENT SHALL PROVIDE26
TRAINING IN AN ONLINE FORMAT.27
SB24-008
-10- (b) THE STATE DEPARTMENT SHALL COLLABORATE WITH THE1
DEPARTMENT OF EDUCATION , THE DEPARTMENT OF PUBLIC HEALTH AND2
ENVIRONMENT, AND THE DEPARTMENT OF HEALTH CARE POLICY AND3
FINANCING TO DEVELOP AN INTERAGENCY RESOURCE GUIDE TO ASSIST4
KINSHIP FOSTER CARE HOMES IN BECOMING CERTIFIED . THE STATE5
DEPARTMENT SHALL PROMINENTLY POST THE INTERAGENCY RESOURCE6
GUIDE CREATED PURSUANT TO THIS SUBSECTION (4)(b) ON THE7
DEPARTMENT'S WEBSITE.8
(5) (a) T
HE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT9
SHALL COLLECT DATA ON THE NUMBER OF CHILDREN WHO ARE PLACED10
WITH CERTIFIED AND NON-CERTIFIED KIN THROUGH A DEPENDENCY AND11
NEGLECT CASE, REGARDLESS OF WHETHER THE KIN OR COUNTY HAS12
CUSTODY OF THE CHILD OR YOUTH . THE STATE DEPARTMENT AND THE13
JUDICIAL DEPARTMENT SHALL INCLUDE DATA ON THE PERMANENCY14
OUTCOMES, LENGTH OF STAY, RE-ENTRY INTO CARE, AND ALL OTHER15
OUTCOMES COLLECTED FOR CHILDREN AND YOUTH IN OUT -OF-HOME16
PLACEMENTS. THE STATE DEPARTMENT SHALL MAKE THE DATA17
AVAILABLE ON ITS WEBSITE ON OR BEFORE JANUARY 30, 2025.18
(b) O
N OR BEFORE OCTOBER 1, 2024, THE STATE DEPARTMENT19
SHALL STUDY AND REPORT TO THE GENERAL ASSEMBLY THE FEASIBILITY20
OF USING FEDERAL FUNDS, INCLUDING BUT NOT LIMITED TO FEDERAL IV-B,21
IV-E,
OR TANF FUNDS, OR OTHER GRANT FUNDING TO PROVIDE OR22
REIMBURSE FOR THE PROVISION OF BRIEF LEGAL SERVICES OR LEGAL23
REPRESENTATION OF RELATIVE AND KIN CAREGIVERS .24
(6) I
N ADDITION TO THE RULES PROMULGATED PURS UANT TO25
SECTION 26-6-911, THE STATE BOARD SHALL PROMULGATE RULES AS26
NECESSARY TO IMPLEMENT THIS SECTION WITH RESPECT TO KINSHIP27
SB24-008
-11- FOSTER CARE HOMES AND NON -CERTIFIED KINSHIP CARE HOMES.1
SECTION 8. In Colorado Revised Statutes, 26-6-905, amend2
(1)(b), (1)(c)(I), (1)(c)(II), and (6) as follows:3
26-6-905. Licenses - out-of-state notices and consent -4
demonstration pilot program - report - rules - definition. (1) (b) A5
person operating a foster care home
OR KINSHIP FOSTER CARE HOME is not6
required to obtain a license from the state department to operate the foster7
care home
OR KINSHIP FOSTER CARE HOME if the person holds a certificate8
issued pursuant to section 26-6-910 to operate the home from a county9
department or a child placement agency licensed under the provisions of10
this part 9. A certificate is considered a license for the purpose of this part11
9, including but not limited to the investigation and criminal history12
background checks required under sections 26-6-910 and 26-6-912.13
(c) (I) On and after July 1, 2002, and contingent upon the14
timelines for implementation of the computer "trails" enhancements, child15
placement agencies that certify foster care homes
AND KINSHIP FOSTER16
CARE HOMES must be licensed annually until the implementation of any17
risk-based schedule for the renewal of child placement agency licenses18
pursuant to subsection (1)(c)(II) of this section. The state board shall19
promulgate rules specifying the procedural requirements associated with20
the renewal of child placement agency licenses. The rules must include21
the requirement that the state department conduct assessments of the child22
placement agency.23
(II) (A) On and after January 1, 2004, and upon the functionality24
of the computer "trails" enhancements, the state department may25
implement a schedule for relicensing of child placement agencies that26
certify foster care homes
AND KINSHIP FOSTER CARE HOMES that is based27
SB24-008
-12- on risk factors such that child placement agencies with low risk factors1
must renew their licenses less frequently than child placement agencies2
with higher risk factors.3
(B) Prior to January 1, 2004, and contingent upon the timelines for4
implementation of the computer "trails" enhancements, the state5
department shall create classifications of child placement agency licenses6
that certify foster care homes
AND KINSHIP FOSTER CARE HOMES that are7
based on risk factors as those factors are established by rule of the state8
board.9
(6) The state board of human services shall establish rules for the10
approval of foster care homes,
KINSHIP FOSTER CARE HOMES, and child11
care centers that provide twenty-four-hour care of children between12
eighteen and twenty-one years of age for whom the county department is13
financially responsible and when placed in foster care
OR KINSHIP FOSTER14
CARE by the county department.15
SECTION 9. In Colorado Revised Statutes, 26-6-908, amend16
(1)(a)(I), (2), and (3) as follows:17
26-6-908. Application forms - criminal sanctions for perjury.18
(1) (a) (I) All applications for the licensure of a child placement agency19
or a residential or day treatment child care facility or the certification of20
a foster care home
OR KINSHIP FOSTER CARE HOME pursuant to this part 921
must include the notice to the applicant that is
set forth in subsection22
(1)(b) of this section.23
(2) A person applying for the licensure of a facility or agency or24
the certification of a foster care home
OR KINSHIP FOSTER CARE HOME25
pursuant to this part 9, or a person applying to work at a facility or agency26
as an employee, who knowingly or willfully makes a false statement of27
SB24-008
-13- any material fact or thing in the application commits perjury in the second1
degree as defined in section 18-8-503 and, upon conviction, thereof, shall2
be punished accordingly.3
(3) Every application for certification or licensure OR4
CERTIFICATION as a foster care home OR KINSHIP FOSTER CARE HOME must5
provide notice to the applicant that the applicant may be subject to6
immediate revocation of certification or licensure OR CERTIFICATION or7
other negative licensing action as set forth in this section (3) and section8
26-6-913 and as described by rule of the state board.9
SECTION 10. In Colorado Revised Statutes, 26-6-909, amend10
(7)(b); and add (2.5) as follows:11
26-6-909. Standards for facilities and agencies - rules.12
(2.5) K
INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM13
STANDARDS SET FORTH IN THIS SECTION . TRAINING STANDARDS FOR14
KINSHIP FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION15
19-7-104
(4).16
(7) (b) In addition to an approved waiver of non-safety licensing
17
standards, A county director of human or social services, or the county18
director's designee, may limit or restrict a license CERTIFICATION issued19
to a kinship foster care entity HOME or require that entity THE KINSHIP20
FOSTER CARE HOME to enter into a compliance agreement to ensure the21
safety and well-being of the child or children in that entity's THE KINSHIP22
FOSTER HOME'S care.23
SECTION 11. In Colorado Revised Statutes, 26-6-910, amend24
(2), (3), (5) introductory portion, (6) introductory portion, (9), (10), and25
(11); and add (5.5) and (12) as follows:26
26-6-910. Certification and annual recertification of foster27
SB24-008
-14- care homes and kinship foster care homes by county departments1
and licensed child placement agencies - background and reference2
check requirements - rules - definition. (2) A person operating a foster3
care home
OR KINSHIP FOSTER CARE HOME shall obtain a certificate to4
operate the home from a county department or a child placement agency5
licensed pursuant to the provisions of
this part 9. A certificate is6
considered a license for the purpose of this part 9, including but not7
limited to the investigation and criminal history background checks8
required pursuant to this section and section 26-6-912. Each certificate9
must be in the form prescribed and provided by the state department,10
certify that the person operating the foster care home is a suitable person11
to operate a foster care home
OR KINSHIP FOSTER CARE HOME or provide12
care for a child, and contain any other information that the state13
department requires. A child placement agency issuing or renewing any14
such certificate shall notify the state department about the certification in15
a method and time frame as set by rule adopted by the state board.16
(3) A foster care home
OR KINSHIP FOSTER CARE HOME , when17
certified by a county department or licensed child placement agency, may18
receive for care a child from a source other than the certifying county19
department or child placement agency upon the written consent and20
approval of the certifying county department or child placement agency.21
(5) Prior to issuing a certificate or a recertification to an applicant22
to operate a foster care home
OR KINSHIP FOSTER CARE HOME, a county23
department or a child placement agency licensed pursuant to the24
provisions of this part 9 shall conduct the following background checks25
for the applicant for a certificate, a person employed by the applicant, or26
a person who resides at the facility or the home:27
SB24-008
-15- (5.5) PRIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT1
CERTIFICATE TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME2
PURSUANT TO THIS PART 9 AND RULES PROMULGATED BY THE STATE3
BOARD, A COUNTY DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL4
CONDUCT A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK5
THROUGH THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO6
SECTION 19-3-406. THE APPLICANT SHALL PAY, UNLESS OTHERWISE PAID7
BY A COUNTY DEPARTMENT , THE COSTS ASSOCIATED WITH THE8
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO THE9
C
OLORADO BUREAU OF INVESTIGATION .10
(6) A county department or a child placement agency licensed11
pursuant to the provisions of
this part 9 shall not issue a certificate to12
operate, or a recertification to operate, a foster care home
OR KINSHIP13
FOSTER CARE HOME and shall revoke or suspend a certificate if the14
applicant for the certificate, a person employed by the applicant, or a15
person who resides at the facility or home:16
(9) Notwithstanding any other provision of this part 9, a person17
shall not operate a foster care home
OR KINSHIP FOSTER CARE HOME that18
is certified by a county department or by a licensed child placement19
agency if the person is a relative of an employee of the child welfare20
division or unit of the county department certifying the foster care home21
OR KINSHIP FOSTER CARE HOME or a relative of an owner, officer,22
executive, member of the governing board, or employee of the child23
placement agency certifying the foster care home
OR KINSHIP FOSTER24
CARE HOME. If the person files an application with a county department25
or a child placement agency that would violate the provisions of
this26
subsection (9) by certifying the foster care home
OR KINSHIP FOSTER CARE27
SB24-008
-16- HOME, the county department or child placement agency shall refer the1
application to another county department or child placement agency.2
Unless otherwise prohibited, the county department or child placement3
agency to which the application is referred may certify and supervise a4
foster care home
OR KINSHIP FOSTER CARE HOME operated by the person.5
The county department that referred the application may place a child in6
the county-certified foster care home
OR KINSHIP FOSTER CARE HOME7
upon written agreement of the two county departments.8
(10) Notwithstanding any other provision of this part 9, an owner,9
officer, executive, member of the governing board, or employee of a child10
placement agency licensed pursuant to this part 9 or a relative of said11
owner, officer, executive, member, or employee, shall not hold a12
beneficial interest in property operated or intended to be operated as a13
foster care home
OR KINSHIP FOSTER CARE HOME, when the property is14
certified by the child placement agency as a foster care home
OR KINSHIP15
FOSTER CARE HOME.16
(11) A county department or licensed child placement agency may17
issue a one-time provisional certificate for a period of six months to an18
applicant for an original certificate that permits the applicant to operate19
a foster care home
OR KINSHIP FOSTER CARE HOME if the applicant is20
temporarily unable to conform to all of the standards required under
21
PURSUANT TO this part 9 upon proof by the applicant that the applicant is22
attempting to conform to the standards or to comply with any other23
requirements. The applicant has a right to appeal to the state department24
any standard that the applicant believes presents an undue hardship or has25
been applied too stringently by the county department or licensed child26
placement agency. Upon the filing of an appeal, the state department shall27
SB24-008
-17- proceed in the manner prescribed for licensee appeals in section 26-6-9091
(4).2
(12) A
COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY3
SHALL ISSUE A ONE-TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR4
A KINSHIP FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE5
APPLICANT'S REQUEST AND THE SUCCESSFUL COMPLETION OF A6
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE ONE-TIME7
PROVISIONAL CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE8
KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE9
TO CONFORM TO ALL REQUIRED STANDARDS . THIS IS AN EXCEPTION TO10
SUBSECTION (11) OF THIS SECTION, WHICH ALLOWS THE USE OF11
PROVISIONAL CERTIFICATES . THE STATE DEPARTMENT SHALL12
PROMULGATE RULES FOR THE OPERATION OF THIS SUBSECTION (12).13
SECTION 12. In Colorado Revised Statutes, 26-6-911, amend14
(2)(a) as follows:15
26-6-911. Foster care - kinship care - rules applying generally16
- rule-making. (2) At a minimum, the rules described in subsection (1)17
of this section must include the following:18
(a) Using the state department's automated database, the19
procedures for notifying all county departments and child placement20
agencies that place children in foster care
AND KINSHIP FOSTER CARE21
when the state department has identified a confirmed report of child abuse22
or neglect, as defined in section 19-1-103, that involves a foster care23
home
OR KINSHIP FOSTER CARE HOME, as well as the suspension of any24
further placements in the foster care home
OR KINSHIP FOSTER CARE HOME25
until the investigation is concluded;26
SECTION 13. In Colorado Revised Statutes, 26-6-912, amend27
SB24-008
-18- (1)(b), (1)(d)(I), and (4) as follows:1
26-6-912. Investigations and inspections - local authority -2
reports - rules. (1) (b) An applicant for certification as a foster care3
home
OR KINSHIP FOSTER CARE HOME shall provide the child placement4
agency or the county department from whom
WHICH the certification is5
sought with a list of all the prior child placement agencies and county6
departments to which the applicant has previously applied, and a release7
of information from the child placement agencies and county departments8
to which the applicant has previously applied, to obtain information about9
the application and any certification given by the child placement10
agencies and county departments. A child placement agency or county11
department from whom WHICH the certification is sought shall conduct a12
reference check of the applicant and any adult resident of the foster care13
home
OR KINSHIP FOSTER CARE HOME by contacting all of the child14
placement agencies and county departments identified by the applicant15
before issuing the certification for that foster care home
OR KINSHIP16
FOSTER CARE HOME. Child placement agencies and county departments17
are held harmless for information released, in good faith, to other child18
placement agencies or county departments.19
(d) (I) When the state department, county department, or child20
placement agency is able to certify that the applicant or licensee is21
competent and will operate adequate facilities to care for children22
pursuant to the requirements of this part 9 and that standards are being23
met and will be complied with, it shall issue the license for which the24
applicant or licensee applied. The state department shall inspect or cause25
to be inspected the facilities to be operated by an applicant for an original26
license before the license is granted and shall thereafter inspect or cause27
SB24-008
-19- to be inspected the facilities of all licensees that, during the period of1
licensure, have been found to be the subject of complaints or to be out of2
compliance with the standards set forth in section 26-6-909 and the rules3
of the state department, or that otherwise appear to be placing children at4
risk. The state department may make such other inspections as it deems5
necessary to ensure that the requirements of this part 9 are being met and6
that the health, safety, and welfare of the children being placed are7
protected. If, as a result of an inspection of a certified foster care home
OR8
KINSHIP FOSTER CARE HOME, the state department determines that a child9
residing in the foster care home
OR KINSHIP FOSTER CARE HOME is subject10
to an immediate and direct threat to the child's safety and welfare, as11
defined by rules promulgated by the state board, or that a substantial12
violation of a fundamental standard of care warrants immediate action,13
the state department may require a county department to immediately14
remove the child from the foster care home
OR KINSHIP FOSTER CARE15
HOME.16
(4) Within available appropriations, the state department shall17
monitor, on at least a quarterly basis, the county department certification18
of foster care homes
AND KINSHIP FOSTER CARE HOMES.19
SECTION 14. In Colorado Revised Statutes, amend 26-6-913 as20
follows:21
26-6-913. Revocation of certification of foster care home or22
kinship foster care home - emergency procedures - due process.23
Notwithstanding any other provision of law to the contrary, a county24
department may act immediately to revoke the certification of a25
county-certified foster care home
OR KINSHIP FOSTER CARE HOME when26
the county department has reason to believe that a child residing in the27
SB24-008
-20- foster care home OR KINSHIP FOSTER CARE HOME is subject to an1
immediate and direct threat to the child's safety and welfare or when a2
substantial violation of a fundamental standard of care warrants3
immediate action. If the county department acts pursuant to this section,4
a due process hearing shall be held within five days after the action and5
conducted as the hearing would normally be conducted pursuant to article6
4 of title 24.7
SECTION 15. In Colorado Revised Statutes, amend 26-6-920 as8
follows:9
26-6-920. Periodic review of licensing and certification rules10
and procedures. At least every five years, the department shall conduct11
a comprehensive review of the licensing
AND CERTIFICATION rules for12
foster care homes,
KINSHIP FOSTER CARE HOMES , and child placement13
agencies and the procedures relating to and governing foster care homes,14
KINSHIP FOSTER CARE HOMES, and agencies, including procedures for the15
review of backgrounds of employees and owners. In conducting the16
periodic review, the department shall consult with foster care providers,17
KINSHIP FOSTER CARE PROVIDERS , child placement agencies, county18
departments, the department of public health and environment, and other19
interested parties throughout the state. The periodic review must include20
an examination of the rules applicable to foster care homes,
KINSHIP21
FOSTER CARE HOMES, and child placement agencies; the process of22
licensing foster care homes and child placement agencies;
THE23
CERTIFICATION PROCESS FOR FOSTER CARE HOMES AND KINSHIP FOSTER24
CARE HOMES; uniformity of standards or lack thereof in the licensing25
process; statewide standardization of investigations and enforcement of26
licensing by the department; duplication and conflicts in rules,27
SB24-008
-21- requirements, or procedures between the department and the department1
of public health and environment; and recommendations for streamlining2
and unifying the licensing process. The review must also include an3
examination of rules and procedures regarding the general physical and4
mental health of foster care providers,
KINSHIP CARE PROVIDERS ,5
employees, and owners. At the conclusion of each review, the department6
shall report its findings and conclusions and its recommendations for7
administrative changes and for legislation to the state board.8
SECTION 16. Effective date. This act takes effect September 1,9
2024.10
SECTION 17. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
SB24-008
-22-