Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0342.02 Jane Ritter x4342
SENATE BILL 24-008
Senate Committees House Committees
Health & Human Services
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES ,
101
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
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
SENATE
Amended 2nd Reading
March 19, 2024
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. department) to promulgate rules to modify the requirements for kinship
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.
008
-2- A kinship home may opt out of the provisional certification
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, add 19-3-218 as
2
follows:3
19-3-218. Transferring temporary legal custody of a child or4
youth - advisement. P
RIOR TO TRANSFERRING TEMPORARY LEGAL
5
008-3- CUSTODY OF A CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL1
MAKE FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE2
DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP3
CARE, INCLUDING, BUT NOT LIMITED TO, FINANCIAL ASSISTANCE, CUSTODY4
REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.5
SECTION 2. In Colorado Revised Statutes, 19-3-702, amend (3)6
introductory portion as follows:7
19-3-702. Permanency hearing. (3) At any permanency8
planning hearing, the court shall first determine if the child or youth9
should be returned to the child's or youth's parent, named guardian, or10
legal custodian and, if applicable, the date on which the child or youth11
must be returned. If the child or youth cannot be returned home, the court12
shall also determine whether reasonable efforts have been made to find13
a safe and stable permanent home for the child or youth. The court shall14
not delay permanency planning by considering the placement of children15
or youth together as a sibling group
OR FOR PURPOSES OF MAINTAINING16
FINANCIAL SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A17
NON-CERTIFIED KINSHIP
CARE HOME, UNLESS THERE ARE EXCEPTIONAL18
CIRCUMSTANCES APPROVED BY THE COURT . At any permanency planning19
hearing, the court shall make the following determinations, when20
applicable:21
SECTION 3. In Colorado Revised Statutes, 19-7-104, add (4) as22
follows:23
19-7-104. Subjects included within training for certified foster24
parents and kinship foster care - rules. (4) T
HE STATE DEPARTMENT OF25
HUMAN SERVICES MAY PROMULGATE RULES TO MODIFY THE26
REQUIREMENTS OF THIS SECTION FOR KINSHIP FOSTER CARE HOMES ,27
008
-4- INCLUDING TRAINING TOPICS FOR KINSHIP FOSTER CARE CERTIFICATION .1
SECTION 4. In Colorado Revised Statutes, 26-5.3-105, amend2
(1) introductory portion, (1)(a), and (3) introductory portion; repeal3
(3)(e); and add (3)(h) and (3)(i) as follows:4
26-5.3-105. Eligibility requirements - period of eligibility -5
services available. (1) Families with children
OR YOUTH at imminent risk6
of out-of-home placement shall be
ARE eligible for emergency assistance.7
Assistance shall be IS available to or on behalf of a needy child under OR8
YOUTH WHO IS LESS THAN twenty-one years of age and any other member9
of the household in which the child
OR YOUTH lives if:10
(a) Such
THE child OR YOUTH is living with any of the relatives11
described in section 26-2-103 (4)(a) KIN, AS DEFINED IN SECTION12
26-6-903, in a place of residence maintained by the relative as the13
relative's own home KIN;14
(3) Emergency assistance provided pursuant to this article shall15
ARTICLE 5.3 MAY be used for, but shall IS not be limited to: the following:16
(e) In-home supportive homemaker services;17
(h) G
OODS NEEDED FOR THE CHILD'S BASIC CARE, INCLUDING BEDS,18
CLOTHING, AND TRANSPORTATION COSTS; AND19
(i) L
IMITED RENTAL OR HOUSING ASSISTANCE , NOT TO EXCEED A20
SIXTY-DAY SUBSIDY.21
SECTION 5.
In Colorado Revised Statutes, amend 26-6-901 as22
follows:23
26-6-901. Short title. The short title of this part 9 is the "Foster24
Care, K
INSHIP FOSTER CARE, Residential, Day Treatment, and CHILD25
P
LACEMENT Agency Licensing AND CERTIFICATION Act".26
SECTION 6.
In Colorado Revised Statutes, 26-6-902, amend (1);27
008
-5- and add (1.5) as follows:1
26-6-902. Legislative declaration. (1) The general assembly2
finds that:3
(a) T
HE regulation, and
licensing, AND FUNDING of foster care4
homes,
KINSHIP FOSTER CARE HOMES, residential and day treatment child5
care facilities, and child placement agencies contribute to a safe and6
healthy environment for children and youth;7
(b) The provision of such an environment affords benefits to8
children and youth, their families, their communities, and the larger9
society; It is the intent of the general assembly that those who regulate
10
and those who are regulated work together to meet the needs of the11
children, youth, their families, foster care providers, child placement12
agencies, and residential and day treatment child care facilities. AND13
(c) S
UPPORTING FAMILIES AND KIN WHO ARE WILLING TO CARE FOR14
A CHILD OR YOUTH IS ONE OF THE MOST IMPORTANT ACTIONS THE STATE15
CAN TAKE TO PROMOTE SAFE AND TIMELY REUNIFICATION , MAINTAIN16
FAMILY CONNECTIONS , CREATE AS NORMAL OF AN EXPERIENCE AS17
POSSIBLE FOR CHILDREN AND YOUTH WHO HAVE BEEN REMOVED FROM18
THEIR HOMES, AND PREVENT FURTHER LONG-TERM INCORPORATION INTO19
THE CHILD WELFARE SYSTEM.20
(1.5) T
HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO21
REGULATE AND FUND, AND THOSE WHO ARE REGULATED AND FUNDED ,22
WORK TOGETHER TO MEET THE NEEDS OF THE CHILDREN , YOUTH, AND23
THEIR FAMILIES; FOSTER CARE PROVIDERS ; KINSHIP FOSTER CARE24
PROVIDERS; CHILD PLACEMENT AGENCIES ; AND RESIDENTIAL AND DAY25
TREATMENT CHILD CARE FACILITIES.26
SECTION 7.
In Colorado Revised Statutes, 26-6-903, amend (4),27
008
-6- (10), and (16); and add (21.5) as follows:1
26-6-903. Definitions. As used in this part 9, unless the context2
otherwise requires:3
(4) "Certification" means the process by which a county4
department of human or social services, a child placement agency, or a5
federally recognized tribe pursuant to applicable federal law approves the6
operation of a foster care home
OR A KINSHIP FOSTER CARE HOME.7
(10) "Foster care home" means a home that is certified by a county8
department or a child placement agency pursuant to section 26-6-910, or9
a federally recognized tribe pursuant to applicable federal law, for child10
care in a place of residence of a family or person for the purpose of11
providing twenty-four-hour family foster care for a child under the age of
12
OR YOUTH LESS THAN twenty-one years OF AGE. A foster care home may13
include foster care for a child
OR YOUTH who is unrelated to the head of14
the home. or foster care provided through a kinship foster care home but
15
does not include noncertified kinship care, as defined in section 19-1-103.16
The term includes a foster care home that receives a child for regular17
twenty-four-hour care and a home that receives a child
OR YOUTH from18
a state-operated institution for child care or from a child placement19
agency. "Foster care home" also includes those homes licensed by the20
department pursuant to section 26-6-905 that receive neither money from21
the counties nor children
OR YOUTH placed by the counties.22
(16) "Kinship foster care home" means a
KINSHIP foster care home23
that is certified by a county department or a licensed child placement
24
agency pursuant to section 26-6-910 or a federally recognized tribe25
pursuant to applicable federal law as having met the foster care26
certification requirements, and where the foster care of the child is27
008
-7- provided by kin. Kinship foster care providers are eligible for foster care1
reimbursement. A kinship foster care home provides twenty-four-hour2
foster care for a child or youth under the age of twenty-one years HAS3
BEEN CERTIFIED PURSUANT TO SECTION 26-6-910 TO CARE FOR A RELATIVE4
OR KIN ONLY . A KINSHIP FOSTER CARE HOME PROVIDES5
TWENTY-FOUR-HOUR FOSTER CARE FOR A CHILD OR YOUTH WHO IS A6
RELATIVE OR KIN, WHO IS LESS THAN TWENTY-ONE YEARS OF AGE, AND7
WHO IS ELIGIBLE FOR THE SAME FOSTER CARE REIMBURSEMENT ,8
ASSISTANCE, AND OTHER SUPPORTS AS FOSTER CARE HOMES PURSUANT TO9
SECTION 26-6-904.5. "KINSHIP FOSTER CARE HOME" DOES NOT INCLUDE10
NON-CERTIFIED KINSHIP CARE AS THAT TERM IS DEFINED IN SUBSECTION11
(21.5)
OF THIS SECTION.12
(21.5) "N
ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT13
IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY -ONE YEARS14
OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP15
WITH THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE16
THE CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION17
REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS18
PART 9.19
SECTION 8.
In Colorado Revised Statutes, add 26-6-904.5 as20
follows:21
26-6-904.5. Kinship foster care homes - certification and22
revocation of certification - financial assistance and supports -23
training - interagency resource data - report - rules - repeal. (1) (a) A24
KINSHIP FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE25
APPLICATION PROCESS OUTLINED IN SECTION 26-6-910. A COUNTY26
DEPARTMENT OR CHILD PLACEMENT AGENCY , UPON THE SUCCESSFUL27
008
-8- COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO1
SECTION 19-3-406 OR 26-6-910, MAY ISSUE A ONE-TIME PROVISIONAL2
CERTIFICATE FOR A PERIOD OF SIX MONTHS TO AN APPLICANT AT A3
SPECIFIC LOCATION WHO IS REQUESTING PROVISIONAL CERTIFICATION . THE4
APPLICANT MAY OPT OUT OF THE PROVISIONAL CERTIFICATION PROCESS .5
A
PROVISIONAL CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE6
KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE7
TO CONFORM TO ALL STANDARDS REQUIRED PURSUANT TO THIS PART 9,8
UPON PROOF BY THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO9
CONFORM TO THE STANDARDS OR TO COMPLY WITH ANY OTHER10
REQUIREMENTS. IF THE APPLICANT SUCCESSFULLY COMPLETES THE11
BACKGROUND CHECKS REQUIRED PURSUANT TO SECTION 19-3-406 OR
12
26-6-910, THE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY13
SHALL MAKE PAYMENT BEGINNING WITH THE COMPLETION OF THE14
FINGERPRINT BACKGROUND CHECK . THE COUNTY DEPARTMENT OR CHILD15
PLACEMENT AGENCY SHALL COMPLETE THE CERTIFICATION PROCESS16
WITHIN THE TIMELINES PROMULGATED BY RULE OF THE STATE BOARD .17
(b) T
HE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY TO18
WHICH THE KINSHIP FOSTER CARE HOME APPLIED FOR CERTIFICATION19
SHALL EXTEND THE PROVISIONAL CERTIFICATION PROVIDED FOR IN20
SUBSECTION (1)(a) OF THIS SECTION BY AN ADDITIONAL SIXTY DAYS IF THE21
APPLICANT CAN DEMONSTRATE THAT THE APPLICANT DID NOT CAUSE THE22
DELAY IN COMPLETING ALL THE REQUIREMENTS FOR CERTIFICATION .23
(c) A
KINSHIP FOSTER CARE HOME MAY OPT OUT OF THE24
PROVISIONAL CERTIFICATION PROCESS AND REMAIN ELIGIBLE FOR25
SUPPORTS THROUGH SOURCES OTHER THAN FOSTER CARE MAINTENANCE .26
(d) P
RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY OF ANY27
008
-9- CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL MAKE1
FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE2
DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP3
CARE, INCLUDING BUT NOT LIMITED TO FINANCIAL ASSISTANCE , CUSTODY4
REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.5
(e) T
HE APPLICANT HAS THE RIGHT TO APPEAL ANY CERTIFICATION6
DENIAL THAT THE APPLICANT BELIEVES PRESENTS AN UNDUE HARDSHIP OR7
HAS BEEN APPLIED TOO STRINGENTLY BY A COUNTY DEPARTMENT OR8
CHILD PLACEMENT AGENCY . UPON THE FILING OF AN APPEAL , THE9
APPLICANT, COUNTY DEPARTMENT, OR CHILD PLACEMENT AGENCY SHALL10
PROCEED IN THE SAME MANNER AS PRESCRIBED FOR LICENSURE APPEALS11
IN SECTION 26-6-909 (4).12
(f) (I) T
HE STATE DEPARTMENT, A COUNTY DEPARTMENT , OR A13
CHILD WELFARE AGENCY HAS THE AUTHORITY TO INVESTIGATE AND14
INSPECT A KINSHIP FOSTER CARE HOME
PURSUANT TO SECTION 26-6-91215
AND TO TAKE APPROPRIATE ACTIONS AS DESCRIBED IN SECTION 26-6-91216
(1)(d)(I).17
(II) T
HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD18
PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME 'S19
CERTIFICATION IN ACCORDANCE WITH SECTION 26-6-913.20
(2) K
INSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL21
REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE22
HOMES, AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD23
OF HUMAN SERVICES. NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE24
FOR FINANCIAL ASSISTANCE AND SUPPORTS AT FIFTY PERCENT OF THE25
FOSTER CARE RATE, BASED ON THE AGE OF THE CHILD OR YOUTH26
RECEIVING CARE. FUNDING TO COVER FINANCIAL ASSISTANCE AND27
008
-10- SUPPORTS COMES FROM THE REVENUE STREAM IDENTIFIED IN SUBSECTION1
(3)
OF THIS SECTION.2
(3) T
HE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY3
DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY4
DEPARTMENTS FOR KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP
5
CARE DAILY RATES TO SUPPORT FINANCIAL ASSISTANCE . THE KINSHIP6
FOSTER CARE RATE AND NON-CERTIFIED KINSHIP CARE RATE ARE EXEMPT7
FROM THE CLOSE-OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3).8
(4) (a) T
HE STATE DEPARTMENT SHALL PROVIDE TRAINING ON THE9
CERTIFICATION STANDARDS TO KINSHIP FOSTER CARE PROVIDERS WHO ARE10
APPLYING FOR CERTIFICATION PURSUANT TO SUBSECTION (1) OF THIS11
SECTION. WHENEVER POSSIBLE, THE STATE DEPARTMENT SHALL PROVIDE12
TRAINING IN AN ONLINE FORMAT.13
(b) T
HE STATE DEPARTMENT SHALL COLLABORATE WITH THE14
DEPARTMENT OF EDUCATION , THE DEPARTMENT OF PUBLIC HEALTH AND15
ENVIRONMENT, AND THE DEPARTMENT OF HEALTH CARE POLICY AND16
FINANCING TO DEVELOP AN INTERAGENCY RESOURCE .
THE STATE17
DEPARTMENT SHALL PROMINENTLY POST THE INTERAGENCY RESOURCE 18
CREATED PURSUANT TO THIS SUBSECTION (4)(b) ON THE DEPARTMENT'S19
WEBSITE.20
(5) (a) T
HE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT21
SHALL COLLECT DATA ON THE NUMBER OF CHILDREN WHO ARE PLACED22
WITH CERTIFIED AND NON-CERTIFIED KIN THROUGH A DEPENDENCY AND23
NEGLECT CASE, REGARDLESS OF WHO
HAS CUSTODY OF THE CHILD OR24
YOUTH. THE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT SHALL25
INCLUDE DATA ON THE PERMANENCY OUTCOMES , LENGTH OF STAY,26
RE-ENTRY INTO CARE, AND ALL OTHER OUTCOMES COLLECTED FOR27
008
-11- CHILDREN AND YOUTH IN OUT -OF-HOME PLACEMENTS . THE STATE1
DEPARTMENT SHALL MAKE THE DATA AVAILABLE ON ITS WEBSITE ON OR2
BEFORE OCTOBER 1, 2025.3
(b) O
N OR BEFORE OCTOBER 1, 2025,
THE STATE DEPARTMENT4
SHALL STUDY AND REPORT TO THE GENERAL ASSEMBLY THE FEASIBILITY5
OF USING FEDERAL FUNDS, INCLUDING BUT NOT LIMITED TO FEDERAL IV-B,6
IV-E,
OR TANF FUNDS, OR OTHER GRANT FUNDING TO PROVIDE OR7
REIMBURSE FOR THE PROVISION OF BRIEF LEGAL SERVICES OR LEGAL8
REPRESENTATION OF RELATIVE AND KIN CAREGIVERS .9
(6) (a) O
N OR BEFORE AUGUST 1, 2025, AND EVERY AUGUST 1
10
THEREAFTER UNTIL AUGUST 1, 2030, THE STATE DEPARTMENT SHALL11
SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE ON THE12
IMPLEMENTATION OF NON-CERTIFIED KINSHIP CARE HOME, THE IMPACTS13
TO THE NUMBER OF PLACEMENTS WITH KINSHIP FOSTER CARE HOMES , AND14
THE IMPACTS ON COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES15
IN THEIR ABILITY TO SUPPORT PROVIDERS. THE STATE DEPARTMENT SHALL16
SUBMIT DATA PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND17
SOCIAL SERVICES AS A SUPPLEMENT TO THE REPORT . THE REPORT MUST18
INCLUDE:19
(I) T
HE IMPACTS OF FINANCIAL ASSISTANCE ON THE CERTIFICATION
20
AND RECRUITMENT OF KIN FAMILIES AND THE TRENDS OF KIN 'S CHOICES TO21
BECOME CERTIFIED OR NON-CERTIFIED;22
(II) T
HE WORKLOAD CHANGES FOR COUNTY CASEWORKERS
23
ASSOCIATED WITH SUPPORTING KIN PURSUANT TO THIS SECTION , BOTH24
CERTIFIED AND NON-CERTIFIED; AND25
(III) T
HE RELATED IMPACTS OF COUNTY STAFF WHO SUPPORT KIN ,
26
AS PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND SOCIAL SERVICES .27
008
-12- (b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JUNE 30, 2031.1
(7) IN ADDITION TO THE RULES PROMULGATED PURSUANT TO2
SECTION 26-6-911, THE STATE BOARD SHALL PROMULGATE RULES AS3
NECESSARY TO IMPLEMENT THIS SECTION WITH RESPECT TO KINSHIP4
FOSTER CARE HOMES.5
SECTION 9. In Colorado Revised Statutes, 26-6-905, amend6
(1)(b), (1)(c)(I), (1)(c)(II), and (6) as follows:7
26-6-905. Licenses - out-of-state notices and consent -8
demonstration pilot program - report - rules - definition. (1) (b) A9
person operating a foster care home
OR KINSHIP FOSTER CARE HOME is not10
required to obtain a license from the state department to operate the foster11
care home
OR KINSHIP FOSTER CARE HOME if the person holds a certificate12
issued pursuant to section 26-6-910 to operate the home from a county13
department or a child placement agency licensed under the provisions of14
this part 9. A certificate is considered a license for the purpose of this part15
9, including but not limited to the investigation and criminal history16
background checks required under sections 26-6-910 and 26-6-912.17
(c) (I) On and after July 1, 2002, and contingent upon the18
timelines for implementation of the computer "trails" enhancements, child19
placement agencies that certify foster care homes
AND KINSHIP FOSTER20
CARE HOMES must be licensed annually until the implementation of any21
risk-based schedule for the renewal of child placement agency licenses22
pursuant to subsection (1)(c)(II) of this section. The state board shall23
promulgate rules specifying the procedural requirements associated with24
the renewal of child placement agency licenses. The rules must include25
the requirement that the state department conduct assessments of the child26
placement agency.27
008
-13- (II) (A) On and after January 1, 2004, and upon the functionality1
of the computer "trails" enhancements, the state department may2
implement a schedule for relicensing of child placement agencies that3
certify foster care homes
AND KINSHIP FOSTER CARE HOMES that is based4
on risk factors such that child placement agencies with low risk factors5
must
renew their licenses less frequently than child placement agencies6
with higher risk factors.7
(B) Prior to January 1, 2004, and contingent upon the timelines for8
implementation of the computer "trails" enhancements, the state9
department shall create classifications of child placement agency licenses10
that certify foster care homes
AND KINSHIP FOSTER CARE HOMES that are11
based on risk factors as those factors are established by rule of the state12
board.13
(6) The state board of human services shall establish rules for the14
approval of foster care homes,
KINSHIP FOSTER CARE HOMES, and child15
care centers that provide twenty-four-hour care of children between16
eighteen and twenty-one years of age for whom the county department is17
financially responsible and when placed in foster care
OR KINSHIP FOSTER18
CARE by the county department.19
SECTION 10.
In Colorado Revised Statutes, 26-6-908, amend20
(1)(a)(I), (2), and (3) as follows:21
26-6-908. Application forms - criminal sanctions for perjury.22
(1) (a) (I) All applications for the licensure of a child placement agency23
or a residential or day treatment child care facility or the certification of24
a foster care home
OR KINSHIP FOSTER CARE HOME pursuant to this part 925
must include the notice to the applicant that is
set forth in subsection26
(1)(b) of this section.27
008
-14- (2) A person applying for the licensure of a facility or agency or1
the certification of a foster care home
OR KINSHIP FOSTER CARE HOME2
pursuant to this part 9, or a person applying to work at a facility or agency3
as an employee, who knowingly or willfully makes a false statement of4
any material fact or thing in the application commits perjury in the second5
degree as defined in section 18-8-503 and, upon conviction, thereof,
shall6
be punished accordingly.7
(3) Every application for certification or licensure OR8
CERTIFICATION as a foster care home OR KINSHIP FOSTER CARE HOME must9
provide notice to the applicant that the applicant may be subject to10
immediate revocation of certification or licensure OR CERTIFICATION or11
other negative licensing action as set forth in this section (3) and section12
26-6-913 and as described by rule of the state board.13
SECTION 11. In Colorado Revised Statutes, 26-6-909, amend14
(7)(b); and add (2.5) as follows:15
26-6-909. Standards for facilities and agencies - rules.16
(2.5) K
INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM17
STANDARDS SET FORTH IN THIS SECTION . TRAINING STANDARDS FOR18
KINSHIP FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION19
19-7-104
(4).20
(7) (b) In addition to an approved waiver of non-safety licensing
21
standards, A county director of human or social services, or the county22
director's designee, may limit or restrict a license CERTIFICATION issued23
to a kinship foster care entity HOME or require that entity THE KINSHIP24
FOSTER CARE HOME to enter into a compliance agreement to ensure the25
safety and well-being of the child or children in that entity's THE KINSHIP26
FOSTER HOME'S care.27
008
-15- SECTION 12. In Colorado Revised Statutes, 26-6-910, amend1
(2), (3), (5) introductory portion, (6) introductory portion, (9), (10), and2
(11); and add (5.5), (12), and (13) as follows:3
26-6-910. Certification and annual recertification of foster4
care homes and kinship foster care homes by county departments5
and licensed child placement agencies - background and reference6
check requirements - rules - definition. (2) A person operating a foster7
care home
OR KINSHIP FOSTER CARE HOME shall obtain a certificate to8
operate the home from a county department or a child placement agency9
licensed pursuant to the provisions of
this part 9. A certificate is10
considered a license for the purpose of this part 9, including but not11
limited to the investigation and criminal history background checks12
required pursuant to this section and section 26-6-912. Each certificate13
must be in the form prescribed and provided by the state department,14
certify that the person operating the foster care home is a suitable person15
to operate a foster care home
OR KINSHIP FOSTER CARE HOME or provide16
care for a child, and contain any other information that the state17
department requires. A child placement agency issuing or renewing any18
such certificate shall notify the state department about the certification in19
a method and time frame as set by rule adopted by the state board.20
(3) A foster care home
OR KINSHIP FOSTER CARE HOME , when21
certified by a county department or licensed child placement agency, may22
receive for care a child from a source other than the certifying county23
department or child placement agency upon the written consent and24
approval of the certifying county department or child placement agency.25
(5) Prior to issuing a certificate or a recertification to an applicant26
to operate a foster care home
OR KINSHIP FOSTER CARE HOME, a county27
008
-16- department or a child placement agency licensed pursuant to the1
provisions of this part 9 shall conduct the following background checks2
for the applicant for a certificate, a person employed by the applicant, or3
a person who resides at the facility or the home:4
(5.5) P
RIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT5
CERTIFICATE TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME6
PURSUANT TO THIS PART 9 AND RULES PROMULGATED BY THE STATE7
BOARD, A COUNTY DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL8
CONDUCT A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK9
THROUGH THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO10
SECTION 19-3-406 OR 26-6-910.
THE APPLICANT SHALL PAY, UNLESS11
OTHERWISE PAID BY A COUNTY DEPARTMENT , THE COSTS ASSOCIATED12
WITH THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO THE13
C
OLORADO BUREAU OF INVESTIGATION .14
(6) A county department or a child placement agency licensed15
pursuant to the provisions of
this part 9 shall not issue a certificate to16
operate, or a recertification to operate, a foster care home
OR KINSHIP17
FOSTER CARE HOME and shall revoke or suspend a certificate if the18
applicant for the certificate, a person employed by the applicant, or a19
person who resides at the facility or home:20
(9) Notwithstanding any other provision of this part 9, a person21
shall not operate a foster care home
OR KINSHIP FOSTER CARE HOME that22
is certified by a county department or by a licensed child placement23
agency if the person is a relative of an employee of the child welfare24
division or unit of the county department certifying the foster care home25
OR KINSHIP FOSTER CARE HOME or a relative of an owner, officer,26
executive, member of the governing board, or employee of the child27
008
-17- placement agency certifying the foster care home OR KINSHIP FOSTER1
CARE HOME. If the person files an application with a county department2
or a child placement agency that would violate the provisions of this3
subsection (9) by certifying the foster care home
OR KINSHIP FOSTER CARE4
HOME, the county department or child placement agency shall refer the5
application to another county department or child placement agency.6
Unless otherwise prohibited, the county department or child placement7
agency to which the application is referred may certify and supervise a8
foster care home
OR KINSHIP FOSTER CARE HOME operated by the person.9
The county department that referred the application may place a child in10
the county-certified foster care home
OR KINSHIP FOSTER CARE HOME11
upon written agreement of the two county departments.12
(10) Notwithstanding any other provision of this part 9, an owner,13
officer, executive, member of the governing board, or employee of a child14
placement agency licensed pursuant to this part 9 or a relative of said15
owner, officer, executive, member, or employee, shall not hold a16
beneficial interest in property operated or intended to be operated as a17
foster care home
OR KINSHIP FOSTER CARE HOME, when the property is18
certified by the child placement agency as a foster care home
OR KINSHIP19
FOSTER CARE HOME.20
(11) A county department or licensed child placement agency may21
issue a one-time provisional certificate for a period of six months to an22
applicant for an original certificate that permits the applicant to operate23
a foster care home
OR KINSHIP FOSTER CARE HOME if the applicant is24
temporarily unable to conform to all of the standards required under
25
PURSUANT TO this part 9 upon proof by the applicant that the applicant is26
attempting to conform to the standards or to comply with any other27
008
-18- requirements. The applicant has a right to appeal to the state department1
any standard that the applicant believes presents an undue hardship or has2
been applied too stringently by the county department or licensed child3
placement agency. Upon the filing of an appeal, the state department shall4
proceed in the manner prescribed for licensee appeals in section 26-6-9095
(4).6
(12) A
COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY7
SHALL ISSUE A ONE-TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR8
A KINSHIP FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE9
APPLICANT'S REQUEST AND THE SUCCESSFUL COMPLETION OF A10
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE ONE-TIME11
PROVISIONAL CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE12
KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE13
TO CONFORM TO ALL REQUIRED STANDARDS . THIS IS AN EXCEPTION TO14
SUBSECTION (11) OF THIS SECTION, WHICH ALLOWS THE USE OF15
PROVISIONAL CERTIFICATES . THE STATE DEPARTMENT SHALL16
PROMULGATE RULES FOR THE OPERATION OF THIS SUBSECTION (12).17
(13) T
HE STATE BOARD SHALL PROMULGATE RULES TO MODIFY
18
THE STANDARDS FOR KINSHIP FOSTER CARE HOMES TO REMOVE19
NON-SAFETY STANDARDS, IN ACCORDANCE WITH STATE OR FEDERAL LAW .20
SECTION 13. In Colorado Revised Statutes, 26-6-911, amend21
(2)(a) as follows:22
26-6-911. Foster care - kinship care - rules applying generally23
- rule-making. (2) At a minimum, the rules described in subsection (1)24
of this section must include the following:25
(a) Using the state department's automated database, the26
procedures for notifying all county departments and child placement27
008
-19- agencies that place children in foster care AND KINSHIP FOSTER CARE1
when the state department has identified a confirmed report of child abuse2
or neglect, as defined in section 19-1-103, that involves a foster care3
home
OR KINSHIP FOSTER CARE HOME, as well as the suspension of any4
further placements in the foster care home
OR KINSHIP FOSTER CARE HOME5
until the investigation is concluded;6
SECTION 14.
In Colorado Revised Statutes, 26-6-912, amend7
(1)(b), (1)(d)(I), and (4) as follows:8
26-6-912. Investigations and inspections - local authority -9
reports - rules. (1) (b) An applicant for certification as a foster care10
home
OR KINSHIP FOSTER CARE HOME shall provide the child placement11
agency or the county department from whom
WHICH the certification is12
sought with a list of all the prior child placement agencies and county13
departments to which the applicant has previously applied, and a release14
of information from the child placement agencies and county departments15
to which the applicant has previously applied, to obtain information about16
the application and any certification given by the child placement17
agencies and county departments. A child placement agency or county18
department from whom WHICH the certification is sought shall conduct a19
reference check of the applicant and any adult resident of the foster care20
home
OR KINSHIP FOSTER CARE HOME by contacting all of the child21
placement agencies and county departments identified by the applicant22
before issuing the certification for that foster care home
OR KINSHIP23
FOSTER CARE HOME. Child placement agencies and county departments24
are held harmless for information released, in good faith, to other child25
placement agencies or county departments.26
(d) (I) When the state department, county department, or child27
008
-20- placement agency is able to certify that the applicant or licensee is1
competent and will operate adequate facilities to care for children2
pursuant to the requirements of this part 9 and that standards are being3
met and will be complied with, it shall issue the license for which the4
applicant or licensee applied. The state department shall inspect or cause5
to be inspected the facilities to be operated by an applicant for an original6
license before the license is granted and shall thereafter inspect or cause7
to be inspected the facilities of all licensees that, during the period of8
licensure, have been found to be the subject of complaints or to be out of9
compliance with the standards set forth in section 26-6-909 and the rules10
of the state department, or that otherwise appear to be placing children at11
risk. The state department may make such other inspections as it deems12
necessary to ensure that the requirements of this part 9 are being met and13
that the health, safety, and welfare of the children being placed are14
protected. If, as a result of an inspection of a certified foster care home
OR15
KINSHIP FOSTER CARE HOME, the state department determines that a child16
residing in the foster care home
OR KINSHIP FOSTER CARE HOME is subject17
to an immediate and direct threat to the child's safety and welfare, as18
defined by rules promulgated by the state board, or that a substantial19
violation of a fundamental standard of care warrants immediate action,20
the state department may require a county department to immediately21
remove the child from the foster care home
OR KINSHIP FOSTER CARE22
HOME.23
(4) Within available appropriations, the state department shall24
monitor, on at least a quarterly basis, the county department certification25
of foster care homes
AND KINSHIP FOSTER CARE HOMES.26
SECTION 15.
In Colorado Revised Statutes, amend 26-6-913 as27
008
-21- follows:1
26-6-913. Revocation of certification of foster care home or2
kinship foster care home - emergency procedures - due process.3
Notwithstanding any other provision of law to the contrary, a county4
department may act immediately to revoke the certification of a5
county-certified foster care home
OR KINSHIP FOSTER CARE HOME when6
the county department has reason to believe that a child residing in the7
foster care home
OR KINSHIP FOSTER CARE HOME is subject to an8
immediate and direct threat to the child's safety and welfare or when a9
substantial violation of a fundamental standard of care warrants10
immediate action. If the county department acts pursuant to this section,11
a due process hearing shall be held within five days after the action and12
conducted as the hearing would normally be conducted pursuant to article13
4 of title 24.14
SECTION 16.
In Colorado Revised Statutes, amend 26-6-920 as15
follows:16
26-6-920. Periodic review of licensing and certification rules17
and procedures. At least every five years, the department shall conduct18
a comprehensive review of the licensing
AND CERTIFICATION rules for19
foster care homes,
KINSHIP FOSTER CARE HOMES, and child placement20
agencies and the procedures relating to and governing foster care homes,21
KINSHIP FOSTER CARE HOMES, and agencies, including procedures for the22
review of backgrounds of employees and owners. In conducting the23
periodic review, the department shall consult with foster care providers,24
KINSHIP FOSTER CARE PROVIDERS , child placement agencies, county25
departments, the department of public health and environment, and other26
interested parties throughout the state. The periodic review must include27
008
-22- an examination of the rules applicable to foster care homes, KINSHIP1
FOSTER CARE HOMES, and child placement agencies; the process of2
licensing foster care homes and child placement agencies;
THE3
CERTIFICATION PROCESS FOR FOSTER CARE HOMES AND KINSHIP FOSTER4
CARE HOMES; uniformity of standards or lack thereof in the licensing5
process; statewide standardization of investigations and enforcement of6
licensing by the department; duplication and conflicts in rules,7
requirements, or procedures between the department and the department8
of public health and environment; and recommendations for streamlining9
and unifying the licensing process. The review must also include an10
examination of rules and procedures regarding the general physical and11
mental health of foster care providers,
KINSHIP FOSTER
CARE PROVIDERS,12
employees, and owners. At the conclusion of each review, the department13
shall report its findings and conclusions and its recommendations for14
administrative changes and for legislation to the state board.15
SECTION 17. Appropriation. (1) For the 2024-25 state fiscal16
year, $4,561,010 is appropriated to the department of human services for17
use by the division of child welfare. This appropriation is from federal18
temporary assistance for needy families block grant funds, and is based19
on an assumption that the division will require an additional 2.5 FTE. To20
implement this act, the division may use this appropriation for child21
welfare services.22
(2) For the 2024-25 state fiscal year, $54,436 is appropriated to23
the department of public safety for use by the biometric identification and24
records unit. This appropriation is from the Colorado bureau of25
investigation identification unit fund created in section 24-33.5-426,26
C.R.S. To implement this act, the unit may use this appropriation as27
008
-23- follows:1
(a) $18,025 for personal services, which amount is based on an2
assumption that the unit will require an additional 0.3 FTE; and3
(b) $36,411 for operating expenses.4
SECTION 18. Effective date. This act takes effect September 1,5
2024.6
SECTION 19. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
008
-24-