Colorado 2024 Regular Session

Colorado Senate Bill SB008 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0342.02 Jane Ritter x4342
18 SENATE BILL 24-008
2-BY SENATOR(S) Zenzinger and Kirkmeyer, Fields, Michaelson Jenet,
3-Bridges, Buckner, Coleman, Cutter, Exum, Gardner, Ginal, Gonzales,
4-Hansen, Kolker, Liston, Lundeen, Mullica, Pelton B., Pelton R., Priola,
5-Rich, Roberts, Rodriguez, Smallwood, Will, Winter F., Fenberg;
6-also REPRESENTATIVE(S) Pugliese and Young, Bradley, Duran, Evans,
7-Froelich, Joseph, Amabile, Bird, Boesenecker, Brown, Daugherty,
8-deGruy Kennedy, English, Garcia, Hamrick, Hernandez, Herod, Jodeh,
9-Kipp, Lieder, Lindsay, Lukens, Mauro, McLachlan, Ortiz, Parenti, Rutinel,
10-Sirota, Snyder, Story, Taggart, Valdez, Velasco, Vigil, Willford, Woodrow,
11-McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Health & Human Services
11+Finance Finance
12+Appropriations Appropriations
13+A BILL FOR AN ACT
1214 C
13-ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES , AND,
14-IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
15-
16-Be it enacted by the General Assembly of the State of Colorado:
15+ONCERNING INCREASING SUPPORT FOR KINSHIP FOSTER CARE HOMES ,
16+101
17+AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov/
24+.)
25+Colorado's Child Welfare System Interim Study Committee.
26+The bill states that a court shall not delay permanency planning for a child
27+or youth for purposes of maintaining financial support for a kinship foster
28+care home, or a non-certified kinship foster care home, unless there are
29+exceptional circumstances as approved by the court.
30+The bill allows the state department of human services (state
31+HOUSE
32+3rd Reading Unamended
33+May 3, 2024
34+HOUSE
35+Amended 2nd Reading
36+May 2, 2024
37+SENATE
38+3rd Reading Unamended
39+March 20, 2024
40+SENATE
41+Amended 2nd Reading
42+March 19, 2024
43+SENATE SPONSORSHIP
44+Zenzinger and Kirkmeyer, Fields, Michaelson Jenet, Bridges, Buckner, Coleman, Cutter,
45+Exum, Fenberg, Gardner, Ginal, Gonzales, Hansen, Kolker, Liston, Lundeen, Mullica, Pelton
46+B., Pelton R., Priola, Rich, Roberts, Rodriguez, Smallwood, Will, Winter F.
47+HOUSE SPONSORSHIP
48+Pugliese and Young, Bradley, Duran, Evans, Froelich, Joseph, Amabile, Bird,
49+Boesenecker, Brown, Daugherty, deGruy Kennedy, English, Garcia, Hamrick, Hernandez,
50+Herod, Jodeh, Kipp, Lieder, Lindsay, Lukens, Mauro, McCluskie, McLachlan, Ortiz, Parenti,
51+Rutinel, Sirota, Snyder, Story, Taggart, Valdez, Velasco, Vigil, Willford, Woodrow
52+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
53+Capital letters or bold & italic numbers indicate new material to be added to existing law.
54+Dashes through the words or numbers indicate deletions from existing law. department) to promulgate rules to modify the requirements for kinship
55+foster care homes, including training topics for kinship foster care
56+certification.
57+Emergency financial assistance for a kinship foster care home is
58+expanded to include goods needed for the child's basic care, including
59+beds, clothing, and transportation costs, and limited rental or housing
60+assistance not to exceed a 60-day subsidy.
61+The bill clarifies the definitions regarding foster care homes,
62+kinship foster care homes (kinship home), and non-certified kinship foster
63+care homes (non-certified kinship home). A kinship home is a home that
64+has been certified by a county department of human or social services
65+(county department) or a child placement agency to provide 24-hour care
66+for relatives or kin only who are less than 21 years of age. A kinship
67+home is eligible for financial assistance and supports. "Kinship foster care
68+home" does not include a non-certified kinship home. A non-certified
69+kinship home means a relative or kin who has a significant relationship
70+with the child or youth and who has either chosen not to pursue the
71+certification process or who has not met the certification requirements for
72+a kinship home.
73+The bill formally establishes the process by which a kinship home
74+may apply for certification from a county department or child placement
75+agency. A county department or child placement agency, upon the
76+completion of the required background checks, may issue a one-time
77+provisional certificate for a period of 6 months to an applicant at a
78+specific location who is requesting provisional certification, if requested
79+by the applicant. If the applicant completes the required background
80+checks, the county department or child placement agency shall make
81+payment beginning with the date of placement. The county department or
82+child placement agency shall complete the certification process within the
83+timelines promulgated by rule of the state board. The applicant has the
84+right to appeal any denial of certification. The state department, a county
85+department, or a child placement agency has the right to revoke a kinship
86+home's certification for cause.
87+Prior to issuing a certificate or subsequent certificate to an
88+applicant to operate a kinship home, a county department or a child
89+placement agency shall conduct a fingerprint-based criminal history
90+record check (fingerprint check) through the Colorado bureau of
91+investigation. The applicant shall pay, unless otherwise paid by a county
92+department, the costs associated with the fingerprint check to the
93+Colorado bureau of investigation.
94+The county department or child placement agency to which the
95+kinship home applied for certification shall extend the provisional
96+certification by an additional 60 days if the applicant can demonstrate that
97+the applicant did not cause the delay in completing all the requirements
98+for certification.
99+008
100+-2- A kinship home may opt out of the provisional certification
101+process and remain eligible for supports through sources other than foster
102+care maintenance.
103+The bill stipulates that prior to transferring temporary legal custody
104+of any child or youth to a relative or kin, the court shall make findings
105+that the relative or kin was advised regarding the differences between
106+kinship foster care and non-certified kinship care, including but not
107+limited to financial assistance, custody requirements, and long-term
108+financial support options.
109+Kinship foster care homes are eligible for financial reimbursement
110+and supports at the same rate as foster care homes, as established in rules
111+promulgated by the state board of human services. Non-certified kinship
112+care homes are eligible for financial assistance and supports at 50% of the
113+foster care rate, based on the age of the child or youth receiving care.
114+The state department shall collaborate with the department of
115+education, the department of public health and environment, and the
116+department of health care policy and financing to develop an interagency
117+resource guide to assist kinship in the certification process. The state
118+department shall prominently post the interagency resource guide on the
119+state department's website.
120+The bill directs the state department and the judicial department to
121+collect data on the number of children who are placed with certified and
122+non-certified kin through a dependency and neglect case, regardless of
123+whether the kin or county has custody of the child or youth. The state
124+department shall make the data available on its website on or before
125+January 30, 2025.
126+On or before October 1, 2024, the state department shall study and
127+report to the general assembly the feasibility of using federal funds,
128+including but not limited to federal IV-B, IV-E, or TANF funds, or other
129+grant funding to provide or reimburse for the provision of brief legal
130+services or legal representation of relative and kin caregivers.
131+The bill makes conforming amendments to align statutory sections
132+related to foster care homes with kinship homes.
133+The bill takes effect September 1, 2024.
134+Be it enacted by the General Assembly of the State of Colorado:1
17135 SECTION 1. In Colorado Revised Statutes, add 19-3-218 as
18-follows:
19-19-3-218. Transferring temporary legal custody of a child or
136+2
137+follows:3
138+19-3-218. Transferring temporary legal custody of a child or4
20139 youth - advisement. P
21-RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY
22-OF A CHILD OR YOUTH TO A RELATIVE OR KIN
23-, THE COURT SHALL MAKE
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE
32-DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON
33--CERTIFIED KINSHIP
34-CARE
35-, INCLUDING, BUT NOT LIMITED TO, FINANCIAL ASSISTANCE, CUSTODY
36-REQUIREMENTS
37-, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.
38-SECTION 2. In Colorado Revised Statutes, 19-3-702, amend (3)
39-introductory portion as follows:
40-19-3-702. Permanency hearing. (3) At any permanency planning
41-hearing, the court shall first determine if the child or youth should be
42-returned to the child's or youth's parent, named guardian, or legal custodian
43-and, if applicable, the date on which the child or youth must be returned. If
44-the child or youth cannot be returned home, the court shall also determine
45-whether reasonable efforts have been made to find a safe and stable
46-permanent home for the child or youth. The court shall not delay
47-permanency planning by considering the placement of children or youth
48-together as a sibling group
49-OR FOR PURPOSES OF MAINTAINING FINANCIAL
50-SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A NON
51--CERTIFIED KINSHIP
52-CARE HOME
53-, UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES APPROVED
54-BY THE COURT
55-. At any permanency planning hearing, the court shall make
56-the following determinations, when applicable:
57-SECTION 3. In Colorado Revised Statutes, 19-7-104, add (4) as
58-follows:
59-19-7-104. Subjects included within training for certified foster
140+RIOR TO TRANSFERRING TEMPORARY LEGAL
141+5
142+008-3- CUSTODY OF A CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL1
143+MAKE FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE2
144+DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP3
145+CARE, INCLUDING, BUT NOT LIMITED TO, FINANCIAL ASSISTANCE, CUSTODY4
146+REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.5
147+SECTION 2. In Colorado Revised Statutes, 19-3-702, amend (3)6
148+introductory portion as follows:7
149+19-3-702. Permanency hearing. (3) At any permanency8
150+planning hearing, the court shall first determine if the child or youth9
151+should be returned to the child's or youth's parent, named guardian, or10
152+legal custodian and, if applicable, the date on which the child or youth11
153+must be returned. If the child or youth cannot be returned home, the court12
154+shall also determine whether reasonable efforts have been made to find13
155+a safe and stable permanent home for the child or youth. The court shall14
156+not delay permanency planning by considering the placement of children15
157+or youth together as a sibling group
158+OR FOR PURPOSES OF MAINTAINING16
159+FINANCIAL SUPPORT FOR A KINSHIP FOSTER CARE HOME OR A17
160+NON-CERTIFIED KINSHIP
161+ CARE HOME, UNLESS THERE ARE EXCEPTIONAL18
162+CIRCUMSTANCES APPROVED BY THE COURT . At any permanency planning19
163+hearing, the court shall make the following determinations, when20
164+applicable:21
165+SECTION 3. In Colorado Revised Statutes, 19-7-104, add (4) as22
166+follows:23
167+19-7-104. Subjects included within training for certified foster24
60168 parents and kinship foster care - rules. (4) T
61-HE STATE DEPARTMENT OF
62-HUMAN SERVICES MAY PROMULGATE RULES TO MODIFY THE REQUIREMENTS
63-OF THIS SECTION FOR KINSHIP FOSTER CARE HOMES
64-, INCLUDING TRAINING
65-TOPICS FOR KINSHIP FOSTER CARE CERTIFICATION
66-.
67-SECTION 4. In Colorado Revised Statutes, 26-5.3-105, amend (1)
68-introductory portion, (1)(a), and (3) introductory portion; repeal (3)(e); and
69-add (3)(h) and (3)(i) as follows:
70-26-5.3-105. Eligibility requirements - period of eligibility -
169+HE STATE DEPARTMENT OF25
170+HUMAN SERVICES MAY PROMULGATE RULES TO MODIFY THE26
171+REQUIREMENTS OF THIS SECTION FOR KINSHIP FOSTER CARE HOMES ,27
172+008
173+-4- INCLUDING TRAINING TOPICS FOR KINSHIP FOSTER CARE CERTIFICATION .1
174+SECTION 4. In Colorado Revised Statutes, 26-5.3-105, amend2
175+(1) introductory portion, (1)(a), and (3) introductory portion; repeal3
176+(3)(e); and add (3)(h) and (3)(i) as follows:4
177+26-5.3-105. Eligibility requirements - period of eligibility -5
71178 services available. (1) Families with children
72-OR YOUTH at imminent risk
179+OR YOUTH at imminent risk6
73180 of out-of-home placement shall be
74- ARE eligible for emergency assistance.
75-Assistance shall be IS available to or on behalf of a needy child under OR
76-YOUTH WHO IS LESS THAN
77- twenty-one years of age and any other member
78-PAGE 2-SENATE BILL 24-008 of the household in which the child OR YOUTH lives if:
79-(a) Such THE child OR YOUTH is living with any of the relatives
80-described in section 26-2-103 (4)(a) KIN, AS DEFINED IN SECTION 26-6-903,
81-in a place of residence maintained by the relative as the relative's own home
82-KIN;
83-(3) Emergency assistance provided pursuant to this article shall
84-ARTICLE 5.3 MAY be used for, but shall IS not be limited to: the following:
85-(e) In-home supportive homemaker services;
86-(h) GOODS NEEDED FOR THE CHILD'S BASIC CARE, INCLUDING BEDS,
87-CLOTHING, AND TRANSPORTATION COSTS; AND
88-(i) LIMITED RENTAL OR HOUSING ASSISTANCE , NOT TO EXCEED A
89-SIXTY
90--DAY SUBSIDY.
91-SECTION 5. In Colorado Revised Statutes, amend 26-6-901 as
92-follows:
93-26-6-901. Short title. The short title of this part 9 is the "Foster
181+ ARE eligible for emergency assistance.7
182+Assistance shall be IS available to or on behalf of a needy child under OR8
183+YOUTH WHO IS LESS THAN twenty-one years of age and any other member9
184+of the household in which the child
185+OR YOUTH lives if:10
186+(a) Such
187+ THE child OR YOUTH is living with any of the relatives11
188+described in section 26-2-103 (4)(a) KIN, AS DEFINED IN SECTION12
189+26-6-903, in a place of residence maintained by the relative as the13
190+relative's own home KIN;14
191+(3) Emergency assistance provided pursuant to this article shall15
192+ARTICLE 5.3 MAY be used for, but shall IS not be limited to: the following:16
193+(e) In-home supportive homemaker services;17
194+(h) G
195+OODS NEEDED FOR THE CHILD'S BASIC CARE, INCLUDING BEDS,18
196+CLOTHING, AND TRANSPORTATION COSTS; AND19
197+(i) L
198+IMITED RENTAL OR HOUSING ASSISTANCE , NOT TO EXCEED A20
199+SIXTY-DAY SUBSIDY.21
200+SECTION 5.
201+ In Colorado Revised Statutes, amend 26-6-901 as22
202+follows:23
203+26-6-901. Short title. The short title of this part 9 is the "Foster24
94204 Care, K
95-INSHIP FOSTER CARE, Residential, Day Treatment, and CHILD
96-PLACEMENT Agency Licensing AND CERTIFICATION Act".
97-SECTION 6. In Colorado Revised Statutes, 26-6-902, amend (1);
98-and add (1.5) as follows:
99-26-6-902. Legislative declaration. (1) The general assembly finds
100-that:
205+INSHIP FOSTER CARE, Residential, Day Treatment, and CHILD25
206+P
207+LACEMENT Agency Licensing AND CERTIFICATION Act".26
208+SECTION 6.
209+ In Colorado Revised Statutes, 26-6-902, amend (1);27
210+008
211+-5- and add (1.5) as follows:1
212+26-6-902. Legislative declaration. (1) The general assembly2
213+finds that:3
101214 (a) T
102215 HE regulation, and
103- licensing, AND FUNDING of foster care
216+ licensing, AND FUNDING of foster care4
104217 homes,
105-KINSHIP FOSTER CARE HOMES, residential and day treatment child
106-care facilities, and child placement agencies contribute to a safe and healthy
107-environment for children and youth;
108-(b) The provision of such an environment affords benefits to
109-children and youth, their families, their communities, and the larger society;
110-It is the intent of the general assembly that those who regulate and those
111-who are regulated work together to meet the needs of the children, youth,
112-PAGE 3-SENATE BILL 24-008 their families, foster care providers, child placement agencies, and
113-residential and day treatment child care facilities. AND
114-(c) SUPPORTING FAMILIES AND KIN WHO ARE WILLING TO CARE FOR
115-A CHILD OR YOUTH IS ONE OF THE MOST IMPORTANT ACTIONS THE STATE CAN
116-TAKE TO PROMOTE SAFE AND TIMELY REUNIFICATION
117-, MAINTAIN FAMILY
118-CONNECTIONS
119-, CREATE AS NORMAL OF AN EXPERIENCE AS POSSIBLE FOR
120-CHILDREN AND YOUTH WHO HAVE BEEN REMOVED FROM THEIR HOMES
121-, AND
122-PREVENT FURTHER LONG
123--TERM INCORPORATION INTO THE CHILD WELFARE
124-SYSTEM
125-.
218+KINSHIP FOSTER CARE HOMES, residential and day treatment child5
219+care facilities, and child placement agencies contribute to a safe and6
220+healthy environment for children and youth;7
221+(b) The provision of such an environment affords benefits to8
222+children and youth, their families, their communities, and the larger9
223+society; It is the intent of the general assembly that those who regulate
224+10
225+and those who are regulated work together to meet the needs of the11
226+children, youth, their families, foster care providers, child placement12
227+agencies, and residential and day treatment child care facilities. AND13
228+(c) S
229+UPPORTING FAMILIES AND KIN WHO ARE WILLING TO CARE FOR14
230+A CHILD OR YOUTH IS ONE OF THE MOST IMPORTANT ACTIONS THE STATE15
231+CAN TAKE TO PROMOTE SAFE AND TIMELY REUNIFICATION , MAINTAIN16
232+FAMILY CONNECTIONS , CREATE AS NORMAL OF AN EXPERIENCE AS17
233+POSSIBLE FOR CHILDREN AND YOUTH WHO HAVE BEEN REMOVED FROM18
234+THEIR HOMES, AND PREVENT FURTHER LONG-TERM INCORPORATION INTO19
235+THE CHILD WELFARE SYSTEM.20
126236 (1.5) T
127-HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO REGULATE
128-AND FUND
129-, AND THOSE WHO ARE REGULATED AND FUNDED , WORK TOGETHER
130-TO MEET THE NEEDS OF THE CHILDREN
131-, YOUTH, AND THEIR FAMILIES; FOSTER
132-CARE PROVIDERS
133-; KINSHIP FOSTER CARE PROVIDERS ; CHILD PLACEMENT
134-AGENCIES
135-; AND RESIDENTIAL AND DAY TREATMENT CHILD CARE FACILITIES .
136-SECTION 7. In Colorado Revised Statutes, 26-6-903, amend (4),
137-(10), and (16); and add (21.5) as follows:
138-26-6-903. Definitions. As used in this part 9, unless the context
139-otherwise requires:
140-(4) "Certification" means the process by which a county department
141-of human or social services, a child placement agency, or a federally
142-recognized tribe pursuant to applicable federal law approves the operation
143-of a foster care home
144-OR A KINSHIP FOSTER CARE HOME.
145-(10) "Foster care home" means a home that is certified by a county
146-department or a child placement agency pursuant to section 26-6-910, or a
147-federally recognized tribe pursuant to applicable federal law, for child care
148-in a place of residence of a family or person for the purpose of providing
149-twenty-four-hour family foster care for a child under the age of
150- OR YOUTH
151-LESS THAN
152- twenty-one years OF AGE. A foster care home may include foster
153-care for a child
154-OR YOUTH who is unrelated to the head of the home. or
155-foster care provided through a kinship foster care home but does not include
156-noncertified kinship care, as defined in section 19-1-103. The term includes
157-a foster care home that receives a child for regular twenty-four-hour care
158-and a home that receives a child
159-OR YOUTH from a state-operated institution
160-for child care or from a child placement agency. "Foster care home" also
161-PAGE 4-SENATE BILL 24-008 includes those homes licensed by the department pursuant to section
162-26-6-905 that receive neither money from the counties nor children
163-OR
164-YOUTH
165- placed by the counties.
237+HE GENERAL ASSEMBLY INTENDS THAT THOSE WHO21
238+REGULATE AND FUND, AND THOSE WHO ARE REGULATED AND FUNDED ,22
239+WORK TOGETHER TO MEET THE NEEDS OF THE CHILDREN , YOUTH, AND23
240+THEIR FAMILIES; FOSTER CARE PROVIDERS ; KINSHIP FOSTER CARE24
241+PROVIDERS; CHILD PLACEMENT AGENCIES ; AND RESIDENTIAL AND DAY25
242+TREATMENT CHILD CARE FACILITIES.26
243+SECTION 7.
244+ In Colorado Revised Statutes, 26-6-903, amend (4),27
245+008
246+-6- (10), and (16); and add (21.5) as follows:1
247+26-6-903. Definitions. As used in this part 9, unless the context2
248+otherwise requires:3
249+(4) "Certification" means the process by which a county4
250+department of human or social services, a child placement agency, or a5
251+federally recognized tribe pursuant to applicable federal law approves the6
252+operation of a foster care home
253+OR A KINSHIP FOSTER CARE HOME.7
254+(10) "Foster care home" means a home that is certified by a county8
255+department or a child placement agency pursuant to section 26-6-910, or9
256+a federally recognized tribe pursuant to applicable federal law, for child10
257+care in a place of residence of a family or person for the purpose of11
258+providing twenty-four-hour family foster care for a child under the age of
259+12
260+OR YOUTH LESS THAN twenty-one years OF AGE. A foster care home may13
261+include foster care for a child
262+OR YOUTH who is unrelated to the head of14
263+the home. or foster care provided through a kinship foster care home but
264+15
265+does not include noncertified kinship care, as defined in section 19-1-103.16
266+The term includes a foster care home that receives a child for regular17
267+twenty-four-hour care and a home that receives a child
268+OR YOUTH from18
269+a state-operated institution for child care or from a child placement19
270+agency. "Foster care home" also includes those homes licensed by the20
271+department pursuant to section 26-6-905 that receive neither money from21
272+the counties nor children
273+OR YOUTH placed by the counties.22
166274 (16) "Kinship foster care home" means a
167-KINSHIP foster care home
168-that is certified by a county department or a licensed child placement agency
169-pursuant to section 26-6-910 or a federally recognized tribe pursuant to
170-applicable federal law as having met the foster care certification
171-requirements, and where the foster care of the child is provided by kin.
172-Kinship foster care providers are eligible for foster care reimbursement. A
173-kinship foster care home provides twenty-four-hour foster care for a child
174-or youth under the age of twenty-one years HAS BEEN CERTIFIED PURSUANT
175-TO SECTION
176-26-6-910 TO CARE FOR A RELATIVE OR KIN ONLY . A KINSHIP
177-FOSTER CARE HOME PROVIDES TWENTY
178--FOUR-HOUR FOSTER CARE FOR A
179-CHILD OR YOUTH WHO IS A RELATIVE OR KIN
180-, WHO IS LESS THAN
181-TWENTY
182--ONE YEARS OF AGE, AND WHO IS ELIGIBLE FOR THE SAME FOSTER
183-CARE REIMBURSEMENT
184-, ASSISTANCE, AND OTHER SUPPORTS AS FOSTER CARE
185-HOMES PURSUANT TO SECTION
186-26-6-904.5. "KINSHIP FOSTER CARE HOME"
187-DOES NOT INCLUDE NON-CERTIFIED KINSHIP CARE AS THAT TERM IS DEFINED
188-IN SUBSECTION
189-(21.5) OF THIS SECTION.
275+KINSHIP foster care home23
276+that is certified by a county department or a licensed child placement
277+24
278+agency pursuant to section 26-6-910 or a federally recognized tribe25
279+pursuant to applicable federal law as having met the foster care26
280+certification requirements, and where the foster care of the child is27
281+008
282+-7- provided by kin. Kinship foster care providers are eligible for foster care1
283+reimbursement. A kinship foster care home provides twenty-four-hour2
284+foster care for a child or youth under the age of twenty-one years HAS3
285+BEEN CERTIFIED PURSUANT TO SECTION 26-6-910 TO CARE FOR A RELATIVE4
286+OR KIN ONLY . A KINSHIP FOSTER CARE HOME PROVIDES5
287+TWENTY-FOUR-HOUR FOSTER CARE FOR A CHILD OR YOUTH WHO IS A6
288+RELATIVE OR KIN, WHO IS LESS THAN TWENTY-ONE YEARS OF AGE, AND7
289+WHO IS ELIGIBLE FOR THE SAME FOSTER CARE REIMBURSEMENT ,8
290+ASSISTANCE, AND OTHER SUPPORTS AS FOSTER CARE HOMES PURSUANT TO9
291+SECTION 26-6-904.5. "KINSHIP FOSTER CARE HOME" DOES NOT INCLUDE10
292+NON-CERTIFIED KINSHIP CARE AS THAT TERM IS DEFINED IN SUBSECTION11
293+(21.5)
294+ OF THIS SECTION.12
190295 (21.5) "N
191-ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT
192-IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY
193--ONE YEARS
194-OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP WITH
195-THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE THE
196-CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION
197-REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS
198-PART
199-9.
200-SECTION 8. In Colorado Revised Statutes, add 26-6-904.5 as
201-follows:
202-26-6-904.5. Kinship foster care homes - certification and
203-revocation of certification - financial assistance and supports - training
204-- interagency resource data - report - rules - repeal. (1) (a) A
205- KINSHIP
206-FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE
207-APPLICATION PROCESS OUTLINED IN SECTION
208-26-6-910. A COUNTY
209-DEPARTMENT OR CHILD PLACEMENT AGENCY
210-, UPON THE SUCCESSFUL
211-COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO
212-SECTION
213-19-3-406 OR 26-6-910, MAY ISSUE A ONE-TIME PROVISIONAL
214-PAGE 5-SENATE BILL 24-008 CERTIFICATE FOR A PERIOD OF SIX MONTHS TO AN APPLICANT AT A SPECIFIC
215-LOCATION WHO IS REQUESTING PROVISIONAL CERTIFICATION
216-. THE
217-APPLICANT MAY OPT OUT OF THE PROVISIONAL CERTIFICATION PROCESS
218-. A
219-PROVISIONAL CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE
220-KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE TO
221-CONFORM TO ALL STANDARDS REQUIRED PURSUANT TO THIS PART
222-9, UPON
223-PROOF BY THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO CONFORM
224-TO THE STANDARDS OR TO COMPLY WITH ANY OTHER REQUIREMENTS
225-. IF THE
226-APPLICANT SUCCESSFULLY COMPLETES THE BACKGR OUND CHECKS REQUIRED
227-PURSUANT TO SECTION
228-19-3-406 OR 26-6-910, THE COUNTY DEPARTMENT OR
229-CHILD PLACEMENT AGENCY SHALL MAKE PAYMENT BEGINNING WITH THE
230-COMPLETION OF THE FINGERPRINT BACKGROUND CHECK
231-. THE COUNTY
232-DEPARTMENT OR CHILD PLACEMENT AGENCY SHALL COMPLETE THE
233-CERTIFICATION PROCESS WITHIN THE TIMELINES PROMULGATED BY RULE OF
234-THE STATE BOARD
235-.
296+ON-CERTIFIED KINSHIP CARE" MEANS KINSHIP CARE THAT13
297+IS PROVIDED TO A CHILD OR YOUTH WHO IS LESS THAN TWENTY -ONE YEARS14
298+OF AGE BY A RELATIVE OR KIN WHO HAS A SIGNIFICANT RELATIONSHIP15
299+WITH THE CHILD OR YOUTH AND WHO HAS EITHER CHOSEN NOT TO PURSUE16
300+THE CERTIFICATION PROCESS OR WHO HAS NOT MET THE CERTIFICATION17
301+REQUIREMENTS FOR A KINSHIP FOSTER CARE HOME AS SET FORTH IN THIS18
302+PART 9.19
303+SECTION 8.
304+ In Colorado Revised Statutes, add 26-6-904.5 as20
305+follows:21
306+26-6-904.5. Kinship foster care homes - certification and22
307+revocation of certification - financial assistance and supports -23
308+training - interagency resource data - report - rules - repeal. (1) (a) A24
309+KINSHIP FOSTER CARE HOME SEEKING CERTIFICATION SHALL FOLLOW THE25
310+APPLICATION PROCESS OUTLINED IN SECTION 26-6-910. A COUNTY26
311+DEPARTMENT OR CHILD PLACEMENT AGENCY , UPON THE SUCCESSFUL27
312+008
313+-8- COMPLETION OF THE BACKGROUND CHECKS REQUIRED PURSUANT TO1
314+SECTION 19-3-406 OR 26-6-910, MAY ISSUE A ONE-TIME PROVISIONAL2
315+CERTIFICATE FOR A PERIOD OF SIX MONTHS TO AN APPLICANT AT A3
316+SPECIFIC LOCATION WHO IS REQUESTING PROVISIONAL CERTIFICATION . THE4
317+APPLICANT MAY OPT OUT OF THE PROVISIONAL CERTIFICATION PROCESS .5
318+A
319+ PROVISIONAL CERTIFICATION PERMITS THE APPLICANT TO OPERATE THE6
320+KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE7
321+TO CONFORM TO ALL STANDARDS REQUIRED PURSUANT TO THIS PART 9,8
322+UPON PROOF BY THE APPLICANT THAT THE APPLICANT IS ATTEMPTING TO9
323+CONFORM TO THE STANDARDS OR TO COMPLY WITH ANY OTHER10
324+REQUIREMENTS. IF THE APPLICANT SUCCESSFULLY COMPLETES THE11
325+BACKGROUND CHECKS REQUIRED PURSUANT TO SECTION 19-3-406 OR
326+12
327+26-6-910, THE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY13
328+SHALL MAKE PAYMENT BEGINNING WITH THE COMPLETION OF THE14
329+FINGERPRINT BACKGROUND CHECK . THE COUNTY DEPARTMENT OR CHILD15
330+PLACEMENT AGENCY SHALL COMPLETE THE CERTIFICATION PROCESS16
331+WITHIN THE TIMELINES PROMULGATED BY RULE OF THE STATE BOARD .17
236332 (b) T
237-HE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY TO
238-WHICH THE KINSHIP FOSTER CARE HOME APPLIED FOR CERTIFICATION SHALL
239-EXTEND THE PROVISIONAL CERTIFICATION PROVIDED FOR IN SUBSECTION
240-(1)(a) OF THIS SECTION BY AN ADDITIONAL SIXTY DAYS IF THE APPLICANT
241-CAN DEMONSTRATE THAT THE APPLICANT DID NOT CAUSE THE DELAY IN
242-COMPLETING ALL THE REQUIREMENTS FOR CERTIFICATION
243-.
333+HE COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY TO18
334+WHICH THE KINSHIP FOSTER CARE HOME APPLIED FOR CERTIFICATION19
335+SHALL EXTEND THE PROVISIONAL CERTIFICATION PROVIDED FOR IN20
336+SUBSECTION (1)(a) OF THIS SECTION BY AN ADDITIONAL SIXTY DAYS IF THE21
337+APPLICANT CAN DEMONSTRATE THAT THE APPLICANT DID NOT CAUSE THE22
338+DELAY IN COMPLETING ALL THE REQUIREMENTS FOR CERTIFICATION .23
244339 (c) A
245- KINSHIP FOSTER CARE HOME MAY OPT OUT OF THE PROVISIONAL
246-CERTIFICATION PROCESS AND REMAIN ELIGIBLE FOR SUPPORTS THR OUGH
247-SOURCES OTHER THAN FOSTER CARE MAINTENANCE
248-.
340+ KINSHIP FOSTER CARE HOME MAY OPT OUT OF THE24
341+PROVISIONAL CERTIFICATION PROCESS AND REMAIN ELIGIBLE FOR25
342+SUPPORTS THROUGH SOURCES OTHER THAN FOSTER CARE MAINTENANCE .26
249343 (d) P
250-RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY OF ANY
251-CHILD OR YOUTH TO A RELATIVE OR KIN
252-, THE COURT SHALL MAKE FINDINGS
253-THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE DIFFERENCES
254-BETWEEN KINSHIP FOSTER CARE AND NON
255--CERTIFIED KINSHIP CARE,
256-INCLUDING BUT NOT LIMITED TO FINANCIAL ASSISTANCE , CUSTODY
257-REQUIREMENTS
258-, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.
344+RIOR TO TRANSFERRING TEMPORARY LEGAL CUSTODY OF ANY27
345+008
346+-9- CHILD OR YOUTH TO A RELATIVE OR KIN , THE COURT SHALL MAKE1
347+FINDINGS THAT THE RELATIVE OR KIN WAS ADVISED REGARDING THE2
348+DIFFERENCES BETWEEN KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP3
349+CARE, INCLUDING BUT NOT LIMITED TO FINANCIAL ASSISTANCE , CUSTODY4
350+REQUIREMENTS, AND LONG-TERM FINANCIAL SUPPORT OPTIONS.5
259351 (e) T
260-HE APPLICANT HAS THE RIGHT TO APPEAL ANY CERTIFICATION
261-DENIAL THAT THE APPLICANT BELIEVES PRESENTS AN UNDUE HARDSHIP OR
262-HAS BEEN APPLIED TOO STRINGENTLY BY A COUNTY DEPARTMENT OR CHILD
263-PLACEMENT AGENCY
264-. UPON THE FILING OF AN APPEAL, THE APPLICANT,
265-COUNTY DEPARTMENT , OR CHILD PLACEMENT AGENCY SHALL PROCEED IN
266-THE SAME MANNER AS PRESCRIBED FOR LICENSURE APPEALS IN SECTION
267-PAGE 6-SENATE BILL 24-008 26-6-909 (4).
352+HE APPLICANT HAS THE RIGHT TO APPEAL ANY CERTIFICATION6
353+DENIAL THAT THE APPLICANT BELIEVES PRESENTS AN UNDUE HARDSHIP OR7
354+HAS BEEN APPLIED TOO STRINGENTLY BY A COUNTY DEPARTMENT OR8
355+CHILD PLACEMENT AGENCY . UPON THE FILING OF AN APPEAL , THE9
356+APPLICANT, COUNTY DEPARTMENT, OR CHILD PLACEMENT AGENCY SHALL10
357+PROCEED IN THE SAME MANNER AS PRESCRIBED FOR LICENSURE APPEALS11
358+IN SECTION 26-6-909 (4).12
268359 (f) (I) T
269-HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD
270-WELFARE AGENCY HAS THE AUTHORITY TO INVESTIGATE AND INSPECT A
271-KINSHIP FOSTER CARE HOME PURSUANT TO SECTION
272-26-6-912 AND TO TAKE
273-APPROPRIATE ACTIONS AS DESCRIBED IN SECTION
274-26-6-912 (1)(d)(I).
360+HE STATE DEPARTMENT, A COUNTY DEPARTMENT , OR A13
361+CHILD WELFARE AGENCY HAS THE AUTHORITY TO INVESTIGATE AND14
362+INSPECT A KINSHIP FOSTER CARE HOME
363+ PURSUANT TO SECTION 26-6-91215
364+AND TO TAKE APPROPRIATE ACTIONS AS DESCRIBED IN SECTION 26-6-91216
365+(1)(d)(I).17
275366 (II) T
276-HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD
277-PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME
278-'S
279-CERTIFICATION IN ACCORDANCE WITH SECTION
280-26-6-913.
281-(2) K
282-INSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL
283-REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE HOMES
284-,
285-AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD OF HUMAN
286-SERVICES
287-. NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE FOR
288-FINANCIAL ASSISTANCE AND SUPPORTS AT THIRTY PERCENT OF THE FOSTER
289-CARE RATE
290-, BASED ON THE AGE OF THE CHILD OR YOUTH RECEIVING CARE .
291-B
292-EGINNING IN STATE FISCAL YEAR 2026-27, NON-CERTIFIED KINSHIP CARE
293-HOMES ARE ELIGIBLE FOR FINANCIAL ASSISTANCE AND SUPPORT AT FIFTY
294-PERCENT OF THE FOSTER CARE RATE
295-, BASED ON THE AGE OF THE CHILD OR
296-YOUTH RECEIVING CARE
297-. FUNDING TO COVER FINANCIAL ASSISTANCE AND
298-SUPPORTS COMES FROM THE REVENUE STREAM IDENTIFIED IN SUBSECTION
299-(3)
300-OF THIS SECTION.
301-(3) (a) T
302-HE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY
303-DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY
304-DEPARTMENTS FOR KINSHIP FOSTER CARE AND NON
305--CERTIFIED KINSHIP CARE
306-DAILY RATES TO SUPPORT FINANCIAL ASSISTANCE
307-. THE KINSHIP FOSTER CARE
308-RATE AND NON
309--CERTIFIED KINSHIP CARE RATE ARE EXEMPT FROM THE
310-CLOSE
311--OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3).
312-(b) F
313-OR STATE FISCAL YEARS 2024-25 AND 2025-26, THE GENERAL
314-ASSEMBLY MAY APPROPRIATE MONEY FROM THE
315-COLORADO LONG-TERM
316-WORKS RESERVE
317-, CREATED IN SECTION 26-2-721, FOR THE PURPOSES OF
318-PROVIDING THE FUNDING REQUIRED BY SUBSECTION
319-(2) OF THIS SECTION.
367+HE STATE DEPARTMENT, A COUNTY DEPARTMENT, OR A CHILD18
368+PLACEMENT AGENCY MAY REVOKE A KINSHIP FOSTER CARE HOME 'S19
369+CERTIFICATION IN ACCORDANCE WITH SECTION 26-6-913.20
370+(2) KINSHIP FOSTER CARE HOMES ARE ELIGIBLE FOR FINANCIAL21
371+REIMBURSEMENT AND SUPPORTS AT THE SAME RATE AS FOSTER CARE22
372+HOMES, AS ESTABLISHED IN RULES PROMULGATED BY THE STATE BOARD23
373+OF HUMAN SERVICES. NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE24
374+FOR FINANCIAL ASSISTANCE AND SUPPORTS AT THIRTY PERCENT OF THE25
375+FOSTER CARE RATE, BASED ON THE AGE OF THE CHILD OR YOUTH26
376+RECEIVING CARE. BEGINNING IN STATE FISCAL YEAR 2026-27,27
377+008
378+-10- NON-CERTIFIED KINSHIP CARE HOMES ARE ELIGIBLE FOR FINANCIAL1
379+ASSISTANCE AND SUPPORT AT FIFTY PERCENT OF THE FOSTER CARE RATE,2
380+BASED ON THE AGE OF THE CHILD OR YOUTH RECEIVING CARE. FUNDING TO3
381+COVER FINANCIAL ASSISTANCE AND SUPPORTS COMES FROM THE REVENUE4
382+STREAM IDENTIFIED IN SUBSECTION (3) OF THIS SECTION. 5
383+(3) (a) THE STATE DEPARTMENT SHALL REIMBURSE THE COUNTY6
384+DEPARTMENTS NINETY PERCENT OF THE AMOUNTS EXPENDED BY COUNTY7
385+DEPARTMENTS FOR KINSHIP FOSTER CARE AND NON -CERTIFIED KINSHIP8
386+CARE DAILY RATES TO SUPPORT FINANCIAL ASSISTANCE . THE KINSHIP9
387+FOSTER CARE RATE AND NON-CERTIFIED KINSHIP CARE RATE ARE EXEMPT10
388+FROM THE CLOSE-OUT PROCESS DESCRIBED IN SECTION 26-5-104 (3).11
389+(b) FOR STATE FISCAL YEARS 2024-25 AND 2025-26, THE GENERAL12
390+ASSEMBLY MAY APPROPRIATE MONEY FROM THE COLORADO LONG-TERM13
391+WORKS RESERVE, CREATED IN SECTION 26-2-721, FOR THE PURPOSES OF14
392+PROVIDING THE FUNDING REQUIRED BY SUBSECTION (2) OF THIS SECTION.15
320393 (4) (a) T
321-HE STATE DEPARTMENT SHALL PROVIDE TRAINING ON THE
322-CERTIFICATION STANDARDS TO KINSHIP FOSTER CARE PROVIDERS WHO ARE
323-APPLYING FOR CERTIFICATION PURSUANT TO SUBSECTION
324-(1) OF THIS
325-SECTION
326-. WHENEVER POSSIBLE, THE STATE DEPARTMENT SHALL PROVIDE
327-PAGE 7-SENATE BILL 24-008 TRAINING IN AN ONLINE FORMAT.
394+HE STATE DEPARTMENT SHALL PROVIDE TRAINING ON THE16
395+CERTIFICATION STANDARDS TO KINSHIP FOSTER CARE PROVIDERS WHO ARE17
396+APPLYING FOR CERTIFICATION PURSUANT TO SUBSECTION (1) OF THIS18
397+SECTION. WHENEVER POSSIBLE, THE STATE DEPARTMENT SHALL PROVIDE19
398+TRAINING IN AN ONLINE FORMAT.20
328399 (b) T
329-HE STATE DEPARTMENT SHALL COLLABORATE WITH THE
330-DEPARTMENT OF EDUCATION
331-, THE DEPARTMENT OF PUBLIC HEALTH AND
332-ENVIRONMENT
333-, AND THE DEPARTMENT OF HEALTH CARE POLICY AND
334-FINANCING TO DEVELOP AN INTERAGENCY RESOURCE
335-. THE STATE
336-DEPARTMENT SHALL PROMINENTLY POST THE INTERAGENCY RESOURCE
337-CREATED PURSUANT TO THIS SUBSECTION
338- (4)(b) ON THE DEPARTMENT'S
339-WEBSITE
340-.
341-(5) (a) T
342-HE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT
343-SHALL COLLECT DATA ON THE NUMBER OF CHILDREN WHO ARE PLACED WITH
344-CERTIFIED AND NON
345--CERTIFIED KIN THROUGH A DEPENDENCY AND NEGLECT
346-CASE
347-, REGARDLESS OF WHO HAS CUSTODY OF THE CHILD OR YOUTH . THE
348-STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT SHALL INCLUDE DATA
349-ON THE PERMANENCY OUTCOMES
350-, LENGTH OF STAY, RE-ENTRY INTO CARE,
351-AND ALL OTHER OUTCOMES COLLECTED FOR CHILDREN AND YOUTH IN
352-OUT
353--OF-HOME PLACEMENTS. THE STATE DEPARTMENT SHALL MAKE THE
354-DATA AVAILABLE ON ITS WEBSITE ON OR BEFORE
355-OCTOBER 1, 2025.
400+HE STATE DEPARTMENT SHALL COLLABORATE WITH THE21
401+DEPARTMENT OF EDUCATION , THE DEPARTMENT OF PUBLIC HEALTH AND22
402+ENVIRONMENT, AND THE DEPARTMENT OF HEALTH CARE POLICY AND23
403+FINANCING TO DEVELOP AN INTERAGENCY RESOURCE .
404+ THE STATE24
405+DEPARTMENT SHALL PROMINENTLY POST THE INTERAGENCY RESOURCE 25
406+CREATED PURSUANT TO THIS SUBSECTION (4)(b) ON THE DEPARTMENT'S26
407+WEBSITE.27
408+008
409+-11- (5) (a) THE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT1
410+SHALL COLLECT DATA ON THE NUMBER OF CHILDREN WHO ARE PLACED2
411+WITH CERTIFIED AND NON-CERTIFIED KIN THROUGH A DEPENDENCY AND3
412+NEGLECT CASE, REGARDLESS OF WHO HAS CUSTODY OF THE CHILD OR4
413+YOUTH. THE STATE DEPARTMENT AND THE JUDICIAL DEPARTMENT SHALL5
414+INCLUDE DATA ON THE PERMANENCY OUTCOMES , LENGTH OF STAY,6
415+RE-ENTRY INTO CARE, AND ALL OTHER OUTCOMES COLLECTED FOR7
416+CHILDREN AND YOUTH IN OUT -OF-HOME PLACEMENTS . THE STATE8
417+DEPARTMENT SHALL MAKE THE DATA AVAILABLE ON ITS WEBSITE ON OR9
418+BEFORE OCTOBER 1, 2025. 10
356419 (b) O
357-N OR BEFORE OCTOBER 1, 2025, THE STATE DEPARTMENT SHALL
358-STUDY AND REPORT TO THE GENERAL ASSEMBLY THE FEASIBILITY OF USING
359-FEDERAL FUNDS
360-, INCLUDING BUT NOT LIMITED TO FEDERAL IV-B, IV-E, OR
361-TANF FUNDS, OR OTHER GRANT FUNDING TO PROVIDE OR REIMBURSE FOR
362-THE PROVISION OF BRIEF LEGAL SERVICES OR LEGAL REPRESENTATION OF
363-RELATIVE AND KIN CAREGIVERS
364-.
420+N OR BEFORE OCTOBER 1, 2025,
421+ THE STATE DEPARTMENT11
422+SHALL STUDY AND REPORT TO THE GENERAL ASSEMBLY THE FEASIBILITY12
423+OF USING FEDERAL FUNDS, INCLUDING BUT NOT LIMITED TO FEDERAL IV-B,13
424+IV-E,
425+ OR TANF FUNDS, OR OTHER GRANT FUNDING TO PROVIDE OR14
426+REIMBURSE FOR THE PROVISION OF BRIEF LEGAL SERVICES OR LEGAL15
427+REPRESENTATION OF RELATIVE AND KIN CAREGIVERS .16
365428 (6) (a) O
366429 N OR BEFORE AUGUST 1, 2025, AND EVERY AUGUST 1
367-THEREAFTER UNTIL AUGUST 1, 2030, THE STATE DEPARTMENT SHALL
368-SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE ON THE
369-IMPLEMENTATION OF NON
370--CERTIFIED KINSHIP CARE HOME, THE IMPACTS TO
371-THE NUMBER OF PLACEMENTS WITH KINSHIP FOSTER CARE HOMES
372-, AND THE
373-IMPACTS ON COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES IN
374-THEIR ABILITY TO SUPPORT PROVIDERS
375-. THE STATE DEPARTMENT SHALL
376-SUBMIT DATA PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND SOCIAL
377-SERVICES AS A SUPPLEMENT TO THE REPORT
378-. THE REPORT MUST INCLUDE:
430+17
431+THEREAFTER UNTIL AUGUST 1, 2030, THE STATE DEPARTMENT SHALL18
432+SUBMIT A REPORT TO THE JOINT BUDGET COMMITTEE ON THE19
433+IMPLEMENTATION OF NON-CERTIFIED KINSHIP CARE HOME, THE IMPACTS20
434+TO THE NUMBER OF PLACEMENTS WITH KINSHIP FOSTER CARE HOMES , AND21
435+THE IMPACTS ON COUNTY DEPARTMENTS OF HUMAN OR SOCIAL SERVICES22
436+IN THEIR ABILITY TO SUPPORT PROVIDERS. THE STATE DEPARTMENT SHALL23
437+SUBMIT DATA PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND24
438+SOCIAL SERVICES AS A SUPPLEMENT TO THE REPORT . THE REPORT MUST25
439+INCLUDE:26
379440 (I) T
380441 HE IMPACTS OF FINANCIAL ASSISTANCE ON THE CERTIFICATION
381-AND RECRUITMENT OF KIN FAMILIES AND THE TRENDS OF KIN
382-'S CHOICES TO
383-BECOME CERTIFIED OR NON
384--CERTIFIED;
385-PAGE 8-SENATE BILL 24-008 (II) THE WORKLOAD CHANGES FOR COUNTY CASEWORKERS
386-ASSOCIATED WITH SUPPORTING KIN PURSUANT TO THIS SECTION
387-, BOTH
388-CERTIFIED AND NON
389--CERTIFIED; AND
390-(III) THE RELATED IMPACTS OF COUNTY STAFF WHO SUPPORT KIN , AS
391-PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND SOCIAL SERVICES
392-.
442+27
443+008
444+-12- AND RECRUITMENT OF KIN FAMILIES AND THE TRENDS OF KIN 'S CHOICES TO1
445+BECOME CERTIFIED OR NON-CERTIFIED;2
446+(II) T
447+HE WORKLOAD CHANGES FOR COUNTY CASEWORKERS
448+3
449+ASSOCIATED WITH SUPPORTING KIN PURSUANT TO THIS SECTION , BOTH4
450+CERTIFIED AND NON-CERTIFIED; AND5
451+(III) T
452+HE RELATED IMPACTS OF COUNTY STAFF WHO SUPPORT KIN ,
453+6
454+AS PROVIDED BY COUNTY DEPARTMENTS OF HUMAN AND SOCIAL SERVICES .7
393455 (b) T
394456 HIS SUBSECTION (6) IS REPEALED, EFFECTIVE JUNE 30, 2031.
395-(7) I
396-N ADDITION TO THE RULES PROMULGATED PURS UANT TO
397-SECTION
398-26-6-911, THE STATE BOARD SHALL PROMULGATE RULES AS
399-NECESSARY TO IMPLEMENT THIS SECTION WITH RESPECT TO KINSHIP FOSTER
400-CARE HOMES
401-.
402-SECTION 9. In Colorado Revised Statutes, 26-6-905, amend
403-(1)(b), (1)(c)(I), (1)(c)(II), and (6) as follows:
404-26-6-905. Licenses - out-of-state notices and consent -
405-demonstration pilot program - report - rules - definition. (1) (b) A
457+8
458+(7) IN ADDITION TO THE RULES PROMULGATED PURSUANT TO9
459+SECTION 26-6-911, THE STATE BOARD SHALL PROMULGATE RULES AS10
460+NECESSARY TO IMPLEMENT THIS SECTION WITH RESPECT TO KINSHIP11
461+FOSTER CARE HOMES.12
462+SECTION 9. In Colorado Revised Statutes, 26-6-905, amend13
463+(1)(b), (1)(c)(I), (1)(c)(II), and (6) as follows:14
464+26-6-905. Licenses - out-of-state notices and consent -15
465+demonstration pilot program - report - rules - definition. (1) (b) A16
406466 person operating a foster care home
407-OR KINSHIP FOSTER CARE HOME is not
408-required to obtain a license from the state department to operate the foster
467+OR KINSHIP FOSTER CARE HOME is not17
468+required to obtain a license from the state department to operate the foster18
409469 care home
410-OR KINSHIP FOSTER CARE HOME if the person holds a certificate
411-issued pursuant to section 26-6-910 to operate the home from a county
412-department or a child placement agency licensed under the provisions of
413-this part 9. A certificate is considered a license for the purpose of this part
414-9, including but not limited to the investigation and criminal history
415-background checks required under sections 26-6-910 and 26-6-912.
416-(c) (I) On and after July 1, 2002, and contingent upon the timelines
417-for implementation of the computer "trails" enhancements, child placement
418-agencies that certify foster care homes
419-AND KINSHIP FOSTER CARE HOMES
420-must be licensed annually until the implementation of any risk-based
421-schedule for the renewal of child placement agency licenses pursuant to
422-subsection (1)(c)(II) of this section. The state board shall promulgate rules
423-specifying the procedural requirements associated with the renewal of child
424-placement agency licenses. The rules must include the requirement that the
425-state department conduct assessments of the child placement agency.
426-(II) (A) On and after January 1, 2004, and upon the functionality of
427-the computer "trails" enhancements, the state department may implement
428-PAGE 9-SENATE BILL 24-008 a schedule for relicensing of child placement agencies that certify foster
429-care homes
430-AND KINSHIP FOSTER CARE HOMES that is based on risk factors
431-such that child placement agencies with low risk factors must
432- renew their
433-licenses less frequently than child placement agencies with higher risk
434-factors.
435-(B) Prior to January 1, 2004, and contingent upon the timelines for
436-implementation of the computer "trails" enhancements, the state department
437-shall create classifications of child placement agency licenses that certify
438-foster care homes
439-AND KINSHIP FOSTER CARE HOMES that are based on risk
440-factors as those factors are established by rule of the state board.
441-(6) The state board of human services shall establish rules for the
470+OR KINSHIP FOSTER CARE HOME if the person holds a certificate19
471+issued pursuant to section 26-6-910 to operate the home from a county20
472+department or a child placement agency licensed under the provisions of21
473+this part 9. A certificate is considered a license for the purpose of this part22
474+9, including but not limited to the investigation and criminal history23
475+background checks required under sections 26-6-910 and 26-6-912.24
476+(c) (I) On and after July 1, 2002, and contingent upon the25
477+timelines for implementation of the computer "trails" enhancements, child26
478+placement agencies that certify foster care homes
479+AND KINSHIP FOSTER27
480+008
481+-13- CARE HOMES must be licensed annually until the implementation of any1
482+risk-based schedule for the renewal of child placement agency licenses2
483+pursuant to subsection (1)(c)(II) of this section. The state board shall3
484+promulgate rules specifying the procedural requirements associated with4
485+the renewal of child placement agency licenses. The rules must include5
486+the requirement that the state department conduct assessments of the child6
487+placement agency.7
488+(II) (A) On and after January 1, 2004, and upon the functionality8
489+of the computer "trails" enhancements, the state department may9
490+implement a schedule for relicensing of child placement agencies that10
491+certify foster care homes
492+AND KINSHIP FOSTER CARE HOMES that is based11
493+on risk factors such that child placement agencies with low risk factors12
494+must
495+ renew their licenses less frequently than child placement agencies13
496+with higher risk factors.14
497+(B) Prior to January 1, 2004, and contingent upon the timelines for15
498+implementation of the computer "trails" enhancements, the state16
499+department shall create classifications of child placement agency licenses17
500+that certify foster care homes
501+AND KINSHIP FOSTER CARE HOMES that are18
502+based on risk factors as those factors are established by rule of the state19
503+board.20
504+(6) The state board of human services shall establish rules for the21
442505 approval of foster care homes,
443-KINSHIP FOSTER CARE HOMES, and child care
444-centers that provide twenty-four-hour care of children between eighteen and
445-twenty-one years of age for whom the county department is financially
446-responsible and when placed in foster care
447-OR KINSHIP FOSTER CARE by the
448-county department.
449-SECTION 10. In Colorado Revised Statutes, 26-6-908, amend
450-(1)(a)(I), (2), and (3) as follows:
451-26-6-908. Application forms - criminal sanctions for perjury.
452-(1) (a) (I) All applications for the licensure of a child placement agency or
453-a residential or day treatment child care facility or the certification of a
506+KINSHIP FOSTER CARE HOMES, and child22
507+care centers that provide twenty-four-hour care of children between23
508+eighteen and twenty-one years of age for whom the county department is24
509+financially responsible and when placed in foster care
510+OR KINSHIP FOSTER25
511+CARE by the county department.26
512+SECTION 10.
513+ In Colorado Revised Statutes, 26-6-908, amend27
514+008
515+-14- (1)(a)(I), (2), and (3) as follows:1
516+26-6-908. Application forms - criminal sanctions for perjury.2
517+(1) (a) (I) All applications for the licensure of a child placement agency3
518+or a residential or day treatment child care facility or the certification of4
519+a foster care home
520+OR KINSHIP FOSTER CARE HOME pursuant to this part 95
521+must include the notice to the applicant that is
522+ set forth in subsection6
523+(1)(b) of this section.7
524+(2) A person applying for the licensure of a facility or agency or8
525+the certification of a foster care home
526+OR KINSHIP FOSTER CARE HOME9
527+pursuant to this part 9, or a person applying to work at a facility or agency10
528+as an employee, who knowingly or willfully makes a false statement of11
529+any material fact or thing in the application commits perjury in the second12
530+degree as defined in section 18-8-503 and, upon conviction, thereof,
531+ shall13
532+be punished accordingly.14
533+(3) Every application for certification or licensure OR15
534+CERTIFICATION as a foster care home OR KINSHIP FOSTER CARE HOME must16
535+provide notice to the applicant that the applicant may be subject to17
536+immediate revocation of certification or licensure OR CERTIFICATION or18
537+other negative licensing action as set forth in this section (3) and section19
538+26-6-913 and as described by rule of the state board.20
539+SECTION 11. In Colorado Revised Statutes, 26-6-909, amend21
540+(7)(b); and add (2.5) as follows:22
541+26-6-909. Standards for facilities and agencies - rules.23
542+(2.5) K
543+INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM24
544+STANDARDS SET FORTH IN THIS SECTION . TRAINING STANDARDS FOR25
545+KINSHIP FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION26
546+19-7-104
547+ (4).27
548+008
549+-15- (7) (b) In addition to an approved waiver of non-safety licensing1
550+standards, A county director of human or social services, or the county2
551+director's designee, may limit or restrict a license CERTIFICATION issued3
552+to a kinship foster care entity HOME or require that entity THE KINSHIP4
553+FOSTER CARE HOME to enter into a compliance agreement to ensure the5
554+safety and well-being of the child or children in that entity's THE KINSHIP6
555+FOSTER HOME'S care.7
556+SECTION 12. In Colorado Revised Statutes, 26-6-910, amend8
557+(2), (3), (5) introductory portion, (6) introductory portion, (9), (10), and9
558+(11); and add (5.5), (12), and (13) as follows:10
559+26-6-910. Certification and annual recertification of foster11
560+care homes and kinship foster care homes by county departments12
561+and licensed child placement agencies - background and reference13
562+check requirements - rules - definition. (2) A person operating a foster14
563+care home
564+OR KINSHIP FOSTER CARE HOME shall obtain a certificate to15
565+operate the home from a county department or a child placement agency16
566+licensed pursuant to the provisions of
567+ this part 9. A certificate is17
568+considered a license for the purpose of this part 9, including but not18
569+limited to the investigation and criminal history background checks19
570+required pursuant to this section and section 26-6-912. Each certificate20
571+must be in the form prescribed and provided by the state department,21
572+certify that the person operating the foster care home is a suitable person22
573+to operate a foster care home
574+OR KINSHIP FOSTER CARE HOME or provide23
575+care for a child, and contain any other information that the state24
576+department requires. A child placement agency issuing or renewing any25
577+such certificate shall notify the state department about the certification in26
578+a method and time frame as set by rule adopted by the state board.27
579+008
580+-16- (3) A foster care home OR KINSHIP FOSTER CARE HOME , when1
581+certified by a county department or licensed child placement agency, may2
582+receive for care a child from a source other than the certifying county3
583+department or child placement agency upon the written consent and4
584+approval of the certifying county department or child placement agency.5
585+(5) Prior to issuing a certificate or a recertification to an applicant6
586+to operate a foster care home
587+OR KINSHIP FOSTER CARE HOME, a county7
588+department or a child placement agency licensed pursuant to the8
589+provisions of this part 9 shall conduct the following background checks9
590+for the applicant for a certificate, a person employed by the applicant, or10
591+a person who resides at the facility or the home:11
592+(5.5) P
593+RIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT12
594+CERTIFICATE TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME13
595+PURSUANT TO THIS PART 9 AND RULES PROMULGATED BY THE STATE14
596+BOARD, A COUNTY DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL15
597+CONDUCT A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK16
598+THROUGH THE COLORADO BUREAU OF INVESTIGATION PURSUANT TO17
599+SECTION 19-3-406 OR 26-6-910.
600+ THE APPLICANT SHALL PAY, UNLESS18
601+OTHERWISE PAID BY A COUNTY DEPARTMENT , THE COSTS ASSOCIATED19
602+WITH THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK TO THE20
603+C
604+OLORADO BUREAU OF INVESTIGATION .21
605+(6) A county department or a child placement agency licensed22
606+pursuant to the provisions of
607+ this part 9 shall not issue a certificate to23
608+operate, or a recertification to operate, a foster care home
609+OR KINSHIP24
610+FOSTER CARE HOME and shall revoke or suspend a certificate if the25
611+applicant for the certificate, a person employed by the applicant, or a26
612+person who resides at the facility or home:27
613+008
614+-17- (9) Notwithstanding any other provision of this part 9, a person1
615+shall not operate a foster care home
616+OR KINSHIP FOSTER CARE HOME that2
617+is certified by a county department or by a licensed child placement3
618+agency if the person is a relative of an employee of the child welfare4
619+division or unit of the county department certifying the foster care home5
620+OR KINSHIP FOSTER CARE HOME or a relative of an owner, officer,6
621+executive, member of the governing board, or employee of the child7
622+placement agency certifying the foster care home
623+OR KINSHIP FOSTER8
624+CARE HOME. If the person files an application with a county department9
625+or a child placement agency that would violate the provisions of
626+ this10
627+subsection (9) by certifying the foster care home
628+OR KINSHIP FOSTER CARE11
629+HOME, the county department or child placement agency shall refer the12
630+application to another county department or child placement agency.13
631+Unless otherwise prohibited, the county department or child placement14
632+agency to which the application is referred may certify and supervise a15
454633 foster care home
455-OR KINSHIP FOSTER CARE HOME pursuant to this part 9 must
456-include the notice to the applicant that is
457- set forth in subsection (1)(b) of
458-this section.
459-(2) A person applying for the licensure of a facility or agency or the
460-certification of a foster care home
461-OR KINSHIP FOSTER CARE HOME pursuant
462-to this part 9, or a person applying to work at a facility or agency as an
463-employee, who knowingly or willfully makes a false statement of any
464-material fact or thing in the application commits perjury in the second
465-degree as defined in section 18-8-503 and, upon conviction, thereof,
466- shall
467-be punished accordingly.
468-(3) Every application for certification or licensure OR CERTIFICATION
469-as a foster care home OR KINSHIP FOSTER CARE HOME must provide notice
470-to the applicant that the applicant may be subject to immediate revocation
471-PAGE 10-SENATE BILL 24-008 of certification or licensure OR CERTIFICATION or other negative licensing
472-action as set forth in this section (3) and section 26-6-913 and as described
473-by rule of the state board.
474-SECTION 11. In Colorado Revised Statutes, 26-6-909, amend
475-(7)(b); and add (2.5) as follows:
476-26-6-909. Standards for facilities and agencies - rules.
477-(2.5) K
478-INSHIP FOSTER CARE HOMES ARE EXEMPT FROM THE MINIMUM
479-STANDARDS SET FORTH IN THIS SECTION
480-. TRAINING STANDARDS FOR KINSHIP
481-FOSTER CARE HOMES ARE ESTABLISHED PURSUANT TO SECTION
482-19-7-104 (4).
483-(7) (b) In addition to an approved waiver of non-safety licensing
484-standards, A county director of human or social services, or the county
485-director's designee, may limit or restrict a license CERTIFICATION issued to
486-a kinship foster care entity HOME or require that entity THE KINSHIP FOSTER
487-CARE HOME
488- to enter into a compliance agreement to ensure the safety and
489-well-being of the child or children in that entity's
490- THE KINSHIP FOSTER
634+OR KINSHIP FOSTER CARE HOME operated by the person.16
635+The county department that referred the application may place a child in17
636+the county-certified foster care home
637+OR KINSHIP FOSTER CARE HOME18
638+upon written agreement of the two county departments.19
639+(10) Notwithstanding any other provision of this part 9, an owner,20
640+officer, executive, member of the governing board, or employee of a child21
641+placement agency licensed pursuant to this part 9 or a relative of said22
642+owner, officer, executive, member, or employee, shall not hold a23
643+beneficial interest in property operated or intended to be operated as a24
644+foster care home
645+OR KINSHIP FOSTER CARE HOME, when the property is25
646+certified by the child placement agency as a foster care home
647+OR KINSHIP26
648+FOSTER CARE HOME.27
649+008
650+-18- (11) A county department or licensed child placement agency may1
651+issue a one-time provisional certificate for a period of six months to an2
652+applicant for an original certificate that permits the applicant to operate3
653+a foster care home
654+OR KINSHIP FOSTER CARE HOME if the applicant is4
655+temporarily unable to conform to all of the standards required under
656+5
657+PURSUANT TO this part 9 upon proof by the applicant that the applicant is6
658+attempting to conform to the standards or to comply with any other7
659+requirements. The applicant has a right to appeal to the state department8
660+any standard that the applicant believes presents an undue hardship or has9
661+been applied too stringently by the county department or licensed child10
662+placement agency. Upon the filing of an appeal, the state department shall11
663+proceed in the manner prescribed for licensee appeals in section 26-6-90912
664+(4).13
665+(12) A
666+ COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY14
667+SHALL ISSUE A ONE-TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR15
668+A KINSHIP FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE16
669+APPLICANT'S REQUEST AND THE SUCCESSFUL COMPLETION OF A17
670+FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE ONE-TIME18
671+PROVISIONAL CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE19
672+KINSHIP FOSTER CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE20
673+TO CONFORM TO ALL REQUIRED STANDARDS . THIS IS AN EXCEPTION TO21
674+SUBSECTION (11) OF THIS SECTION, WHICH ALLOWS THE USE OF22
675+PROVISIONAL CERTIFICATES . THE STATE DEPARTMENT SHALL23
676+PROMULGATE RULES FOR THE OPERATION OF THIS SUBSECTION (12).24
677+(13) T
678+HE STATE BOARD SHALL PROMULGATE RULES TO MODIFY
679+25
680+THE STANDARDS FOR KINSHIP FOSTER CARE HOMES TO REMOVE26
681+NON-SAFETY STANDARDS, IN ACCORDANCE WITH STATE OR FEDERAL LAW .27
682+008
683+-19- SECTION 13. In Colorado Revised Statutes, 26-6-911, amend1
684+(2)(a) as follows:2
685+26-6-911. Foster care - kinship care - rules applying generally3
686+- rule-making. (2) At a minimum, the rules described in subsection (1)4
687+of this section must include the following:5
688+(a) Using the state department's automated database, the6
689+procedures for notifying all county departments and child placement7
690+agencies that place children in foster care
691+AND KINSHIP FOSTER CARE8
692+when the state department has identified a confirmed report of child abuse9
693+or neglect, as defined in section 19-1-103, that involves a foster care10
491694 home
492-'S care.
493-SECTION 12. In Colorado Revised Statutes, 26-6-910, amend (2),
494-(3), (5) introductory portion, (6) introductory portion, (9), (10), and (11);
495-and add (5.5), (12), and (13) as follows:
496-26-6-910. Certification and annual recertification of foster care
497-homes and kinship foster care homes by county departments and
498-licensed child placement agencies - background and reference check
499-requirements - rules - definition. (2) A person operating a foster care
695+OR KINSHIP FOSTER CARE HOME, as well as the suspension of any11
696+further placements in the foster care home
697+OR KINSHIP FOSTER CARE HOME12
698+until the investigation is concluded;13
699+SECTION 14.
700+ In Colorado Revised Statutes, 26-6-912, amend14
701+(1)(b), (1)(d)(I), and (4) as follows:15
702+26-6-912. Investigations and inspections - local authority -16
703+reports - rules. (1) (b) An applicant for certification as a foster care17
500704 home
501-OR KINSHIP FOSTER CARE HOME shall obtain a certificate to operate the
502-home from a county department or a child placement agency licensed
503-pursuant to the provisions of
504- this part 9. A certificate is considered a license
505-for the purpose of this part 9, including but not limited to the investigation
506-and criminal history background checks required pursuant to this section
507-and section 26-6-912. Each certificate must be in the form prescribed and
508-provided by the state department, certify that the person operating the foster
509-care home is a suitable person to operate a foster care home
510-OR KINSHIP
705+OR KINSHIP FOSTER CARE HOME shall provide the child placement18
706+agency or the county department from whom
707+ WHICH the certification is19
708+sought with a list of all the prior child placement agencies and county20
709+departments to which the applicant has previously applied, and a release21
710+of information from the child placement agencies and county departments22
711+to which the applicant has previously applied, to obtain information about23
712+the application and any certification given by the child placement24
713+agencies and county departments. A child placement agency or county25
714+department from whom WHICH the certification is sought shall conduct a26
715+reference check of the applicant and any adult resident of the foster care27
716+008
717+-20- home OR KINSHIP FOSTER CARE HOME by contacting all of the child1
718+placement agencies and county departments identified by the applicant2
719+before issuing the certification for that foster care home
720+OR KINSHIP3
721+FOSTER CARE HOME. Child placement agencies and county departments4
722+are held harmless for information released, in good faith, to other child5
723+placement agencies or county departments.6
724+(d) (I) When the state department, county department, or child7
725+placement agency is able to certify that the applicant or licensee is8
726+competent and will operate adequate facilities to care for children9
727+pursuant to the requirements of this part 9 and that standards are being10
728+met and will be complied with, it shall issue the license for which the11
729+applicant or licensee applied. The state department shall inspect or cause12
730+to be inspected the facilities to be operated by an applicant for an original13
731+license before the license is granted and shall thereafter inspect or cause14
732+to be inspected the facilities of all licensees that, during the period of15
733+licensure, have been found to be the subject of complaints or to be out of16
734+compliance with the standards set forth in section 26-6-909 and the rules17
735+of the state department, or that otherwise appear to be placing children at18
736+risk. The state department may make such other inspections as it deems19
737+necessary to ensure that the requirements of this part 9 are being met and20
738+that the health, safety, and welfare of the children being placed are21
739+protected. If, as a result of an inspection of a certified foster care home
740+OR22
741+KINSHIP FOSTER CARE HOME, the state department determines that a child23
742+residing in the foster care home
743+OR KINSHIP FOSTER CARE HOME is subject24
744+to an immediate and direct threat to the child's safety and welfare, as25
745+defined by rules promulgated by the state board, or that a substantial26
746+violation of a fundamental standard of care warrants immediate action,27
747+008
748+-21- the state department may require a county department to immediately1
749+remove the child from the foster care home
750+OR KINSHIP FOSTER CARE2
751+HOME.3
752+(4) Within available appropriations, the state department shall4
753+monitor, on at least a quarterly basis, the county department certification5
754+of foster care homes
755+AND KINSHIP FOSTER CARE HOMES.6
756+SECTION 15.
757+ In Colorado Revised Statutes, amend 26-6-913 as7
758+follows:8
759+26-6-913. Revocation of certification of foster care home or9
760+kinship foster care home - emergency procedures - due process.10
761+Notwithstanding any other provision of law to the contrary, a county11
762+department may act immediately to revoke the certification of a12
763+county-certified foster care home
764+OR KINSHIP FOSTER CARE HOME when13
765+the county department has reason to believe that a child residing in the14
511766 foster care home
512- or provide care for a child, and contain any other
513-information that the state department requires. A child placement agency
514-issuing or renewing any such certificate shall notify the state department
515-about the certification in a method and time frame as set by rule adopted by
516-PAGE 11-SENATE BILL 24-008 the state board.
517-(3) A foster care home
518-OR KINSHIP FOSTER CARE HOME , when
519-certified by a county department or licensed child placement agency, may
520-receive for care a child from a source other than the certifying county
521-department or child placement agency upon the written consent and
522-approval of the certifying county department or child placement agency.
523-(5) Prior to issuing a certificate or a recertification to an applicant
524-to operate a foster care home
525-OR KINSHIP FOSTER CARE HOME , a county
526-department or a child placement agency licensed pursuant to the provisions
527-of this part 9 shall conduct the following background checks for the
528-applicant for a certificate, a person employed by the applicant, or a person
529-who resides at the facility or the home:
530-(5.5) P
531-RIOR TO ISSUING A CERTIFICATE OR SUBSEQUENT CERTIFICATE
532-TO AN APPLICANT TO OPERATE A KINSHIP FOSTER CARE HOME PURSUANT TO
533-THIS PART
534-9 AND RULES PROMULGATED BY THE STATE BOARD , A COUNTY
535-DEPARTMENT OR A CHILD PLACEMENT AGENCY SHALL CONDUCT A
536-FINGERPRINT
537--BASED CRIMINAL HISTORY RECORD CHECK THROUGH THE
538-COLORADO BUREAU OF INVESTIGATION PURSUANT TO SECTION 19-3-406 OR
539-26-6-910. THE APPLICANT SHALL PAY , UNLESS OTHERWISE PAID BY A
540-COUNTY DEPARTMENT
541-, THE COSTS ASSOCIATED WITH THE
542-FINGERPRINT
543--BASED CRIMINAL HISTORY RECORD CHECK TO THE COLORADO
544-BUREAU OF INVESTIGATION
545-.
546-(6) A county department or a child placement agency licensed
547-pursuant to the provisions of
548- this part 9 shall not issue a certificate to
549-operate, or a recertification to operate, a foster care home
550-OR KINSHIP
551-FOSTER CARE HOME
552- and shall revoke or suspend a certificate if the applicant
553-for the certificate, a person employed by the applicant, or a person who
554-resides at the facility or home:
555-(9) Notwithstanding any other provision of this part 9, a person shall
556-not operate a foster care home
557-OR KINSHIP FOSTER CARE HOME that is
558-certified by a county department or by a licensed child placement agency if
559-the person is a relative of an employee of the child welfare division or unit
560-of the county department certifying the foster care home
561-OR KINSHIP FOSTER
562-CARE HOME
563- or a relative of an owner, officer, executive, member of the
564-governing board, or employee of the child placement agency certifying the
565-PAGE 12-SENATE BILL 24-008 foster care home OR KINSHIP FOSTER CARE HOME . If the person files an
566-application with a county department or a child placement agency that
567-would violate the provisions of
568- this subsection (9) by certifying the foster
569-care home
570-OR KINSHIP FOSTER CARE HOME, the county department or child
571-placement agency shall refer the application to another county department
572-or child placement agency. Unless otherwise prohibited, the county
573-department or child placement agency to which the application is referred
574-may certify and supervise a foster care home
575-OR KINSHIP FOSTER CARE HOME
576-operated by the person. The county department that referred the application
577-may place a child in the county-certified foster care home
578-OR KINSHIP
579-FOSTER CARE HOME
580- upon written agreement of the two county departments.
581-(10) Notwithstanding any other provision of this part 9, an owner,
582-officer, executive, member of the governing board, or employee of a child
583-placement agency licensed pursuant to this part 9 or a relative of said
584-owner, officer, executive, member, or employee, shall not hold a beneficial
585-interest in property operated or intended to be operated as a foster care
586-home
587-OR KINSHIP FOSTER CARE HOME, when the property is certified by the
588-child placement agency as a foster care home
589-OR KINSHIP FOSTER CARE
590-HOME
591-.
592-(11) A county department or licensed child placement agency may
593-issue a one-time provisional certificate for a period of six months to an
594-applicant for an original certificate that permits the applicant to operate a
595-foster care home
596-OR KINSHIP FOSTER CARE HOME if the applicant is
597-temporarily unable to conform to all of the standards required underPURSUANT TO this part 9 upon proof by the applicant that the applicant is
598-attempting to conform to the standards or to comply with any other
599-requirements. The applicant has a right to appeal to the state department any
600-standard that the applicant believes presents an undue hardship or has been
601-applied too stringently by the county department or licensed child placement
602-agency. Upon the filing of an appeal, the state department shall proceed in
603-the manner prescribed for licensee appeals in section 26-6-909 (4).
604-(12) A
605- COUNTY DEPARTMENT OR CHILD PLACEMENT AGENCY SHALL
606-ISSUE A ONE
607--TIME PROVISIONAL CERTIFICATE AT A LOCATION FOR A KINSHIP
608-FOSTER CARE HOME FOR A PERIOD OF SIX MONTHS UPON THE APPLICANT
609-'S
610-REQUEST AND THE SUCCESSFUL COMPLETION OF A FINGERPRINT
611--BASED
612-CRIMINAL HISTORY RECORD CHECK
613-. THE ONE-TIME PROVISIONAL
614-CERTIFICATE PERMITS THE APPLICANT TO OPERATE THE KINSHIP FOSTER
615-PAGE 13-SENATE BILL 24-008 CARE HOME IF THE APPLICANT IS TEMPORARILY UNABLE TO CONFORM TO ALL
616-REQUIRED STANDARDS
617-. THIS IS AN EXCEPTION TO SUBSECTION (11) OF THIS
618-SECTION
619-, WHICH ALLOWS THE USE OF PROVISIONAL CERTIFICATES . THE
620-STATE DEPARTMENT SHALL PROMULGATE RULES FOR THE OPERATION OF THIS
621-SUBSECTION
622-(12).
623-(13) T
624-HE STATE BOARD SHALL PROMULGATE RULES TO MODIFY THE
625-STANDARDS FOR KINSHIP FOSTER CARE HOMES TO REMOVE NON
626--SAFETY
627-STANDARDS
628-, IN ACCORDANCE WITH STATE OR FEDERAL LAW .
629-SECTION 13. In Colorado Revised Statutes, 26-6-911, amend
630-(2)(a) as follows:
631-26-6-911. Foster care - kinship care - rules applying generally
632-- rule-making. (2) At a minimum, the rules described in subsection (1) of
633-this section must include the following:
634-(a) Using the state department's automated database, the procedures
635-for notifying all county departments and child placement agencies that place
636-children in foster care
637-AND KINSHIP FOSTER CARE when the state department
638-has identified a confirmed report of child abuse or neglect, as defined in
639-section 19-1-103, that involves a foster care home
640-OR KINSHIP FOSTER CARE
641-HOME
642-, as well as the suspension of any further placements in the foster care
643-home
644-OR KINSHIP FOSTER CARE HOME until the investigation is concluded;
645-SECTION 14. In Colorado Revised Statutes, 26-6-912, amend
646-(1)(b), (1)(d)(I), and (4) as follows:
647-26-6-912. Investigations and inspections - local authority -
648-reports - rules. (1) (b) An applicant for certification as a foster care home
649-OR KINSHIP FOSTER CARE HOME shall provide the child placement agency or
650-the county department from whom
651- WHICH the certification is sought with a
652-list of all the prior child placement agencies and county departments to
653-which the applicant has previously applied, and a release of information
654-from the child placement agencies and county departments to which the
655-applicant has previously applied, to obtain information about the application
656-and any certification given by the child placement agencies and county
657-departments. A child placement agency or county department from whom
658-WHICH the certification is sought shall conduct a reference check of the
659-applicant and any adult resident of the foster care home
660-OR KINSHIP FOSTER
661-PAGE 14-SENATE BILL 24-008 CARE HOME by contacting all of the child placement agencies and county
662-departments identified by the applicant before issuing the certification for
663-that foster care home
664-OR KINSHIP FOSTER CARE HOME . Child placement
665-agencies and county departments are held harmless for information
666-released, in good faith, to other child placement agencies or county
667-departments.
668-(d) (I) When the state department, county department, or child
669-placement agency is able to certify that the applicant or licensee is
670-competent and will operate adequate facilities to care for children pursuant
671-to the requirements of this part 9 and that standards are being met and will
672-be complied with, it shall issue the license for which the applicant or
673-licensee applied. The state department shall inspect or cause to be inspected
674-the facilities to be operated by an applicant for an original license before the
675-license is granted and shall thereafter inspect or cause to be inspected the
676-facilities of all licensees that, during the period of licensure, have been
677-found to be the subject of complaints or to be out of compliance with the
678-standards set forth in section 26-6-909 and the rules of the state department,
679-or that otherwise appear to be placing children at risk. The state department
680-may make such other inspections as it deems necessary to ensure that the
681-requirements of this part 9 are being met and that the health, safety, and
682-welfare of the children being placed are protected. If, as a result of an
683-inspection of a certified foster care home
684-OR KINSHIP FOSTER CARE HOME,
685-the state department determines that a child residing in the foster care home
686-OR KINSHIP FOSTER CARE HOME is subject to an immediate and direct threat
687-to the child's safety and welfare, as defined by rules promulgated by the
688-state board, or that a substantial violation of a fundamental standard of care
689-warrants immediate action, the state department may require a county
690-department to immediately remove the child from the foster care home
691-OR
692-KINSHIP FOSTER CARE HOME
693-.
694-(4) Within available appropriations, the state department shall
695-monitor, on at least a quarterly basis, the county department certification of
696-foster care homes
697-AND KINSHIP FOSTER CARE HOMES.
698-SECTION 15. In Colorado Revised Statutes, amend 26-6-913 as
699-follows:
700-26-6-913. Revocation of certification of foster care home or
701-kinship foster care home - emergency procedures - due process.
702-PAGE 15-SENATE BILL 24-008 Notwithstanding any other provision of law to the contrary, a county
703-department may act immediately to revoke the certification of a
704-county-certified foster care home
705-OR KINSHIP FOSTER CARE HOME when the
706-county department has reason to believe that a child residing in the foster
707-care home
708-OR KINSHIP FOSTER CARE HOME is subject to an immediate and
709-direct threat to the child's safety and welfare or when a substantial violation
710-of a fundamental standard of care warrants immediate action. If the county
711-department acts pursuant to this section, a due process hearing shall be held
712-within five days after the action and conducted as the hearing would
713-normally be conducted pursuant to article 4 of title 24.
714-SECTION 16. In Colorado Revised Statutes, amend 26-6-920 as
715-follows:
716-26-6-920. Periodic review of licensing and certification rules and
717-procedures. At least every five years, the department shall conduct a
718-comprehensive review of the licensing
719-AND CERTIFICATION rules for foster
720-care homes,
721-KINSHIP FOSTER CARE HOMES, and child placement agencies and
722-the procedures relating to and governing foster care homes,
767+OR KINSHIP FOSTER CARE HOME is subject to an15
768+immediate and direct threat to the child's safety and welfare or when a16
769+substantial violation of a fundamental standard of care warrants17
770+immediate action. If the county department acts pursuant to this section,18
771+a due process hearing shall be held within five days after the action and19
772+conducted as the hearing would normally be conducted pursuant to article20
773+4 of title 24.21
774+SECTION 16.
775+ In Colorado Revised Statutes, amend 26-6-920 as22
776+follows:23
777+26-6-920. Periodic review of licensing and certification rules24
778+and procedures. At least every five years, the department shall conduct25
779+a comprehensive review of the licensing
780+AND CERTIFICATION rules for26
781+foster care homes,
782+KINSHIP FOSTER CARE HOMES , and child placement27
783+008
784+-22- agencies and the procedures relating to and governing foster care homes,1
785+KINSHIP FOSTER CARE HOMES, and agencies, including procedures for the2
786+review of backgrounds of employees and owners. In conducting the3
787+periodic review, the department shall consult with foster care providers,4
788+KINSHIP FOSTER CARE PROVIDERS , child placement agencies, county5
789+departments, the department of public health and environment, and other6
790+interested parties throughout the state. The periodic review must include7
791+an examination of the rules applicable to foster care homes,
792+KINSHIP8
793+FOSTER CARE HOMES, and child placement agencies; the process of9
794+licensing foster care homes and child placement agencies;
795+THE10
796+CERTIFICATION PROCESS FOR FOSTER CARE HOMES AND KINSHIP FOSTER11
797+CARE HOMES; uniformity of standards or lack thereof in the licensing12
798+process; statewide standardization of investigations and enforcement of13
799+licensing by the department; duplication and conflicts in rules,14
800+requirements, or procedures between the department and the department15
801+of public health and environment; and recommendations for streamlining16
802+and unifying the licensing process. The review must also include an17
803+examination of rules and procedures regarding the general physical and18
804+mental health of foster care providers,
723805 KINSHIP FOSTER
724-CARE HOMES
725-, and agencies, including procedures for the review of
726-backgrounds of employees and owners. In conducting the periodic review,
727-the department shall consult with foster care providers,
728-KINSHIP FOSTER
729-CARE PROVIDERS
730-, child placement agencies, county departments, the
731-department of public health and environment, and other interested parties
732-throughout the state. The periodic review must include an examination of
733-the rules applicable to foster care homes,
734-KINSHIP FOSTER CARE HOMES, and
735-child placement agencies; the process of licensing foster care homes and
736-child placement agencies;
737-THE CERTIFICATION PROCESS FOR FOSTER CARE
738-HOMES AND KINSHIP FOSTER CARE HOMES
739-; uniformity of standards or lack
740-thereof in the licensing process; statewide standardization of investigations
741-and enforcement of licensing by the department; duplication and conflicts
742-in rules, requirements, or procedures between the department and the
743-department of public health and environment; and recommendations for
744-streamlining and unifying the licensing process. The review must also
745-include an examination of rules and procedures regarding the general
746-physical and mental health of foster care providers,
747-KINSHIP FOSTER CARE
748-PROVIDERS
749-, employees, and owners. At the conclusion of each review, the
750-department shall report its findings and conclusions and its
751-recommendations for administrative changes and for legislation to the state
752-board.
753-PAGE 16-SENATE BILL 24-008 SECTION 17. Appropriation. (1) For the 2024-25 state fiscal
754-year, $190,672 is appropriated to the department of human services for use
755-by the administration and finance division. This appropriation is from the
756-general fund and is based on an assumption that the division will require an
757-additional 2.5 FTE. To implement this act, the division may use this
758-appropriation for the administrative review unit.
759-(2) For the 2024-25 state fiscal year, $5,516,580 is appropriated to
760-the department of human services for use by the office of children, youth,
761-and families. This appropriation is from the Colorado long-term works
762-reserve created in section 26-2-721 (1), C.R.S. To implement this act, the
763-office may use this appropriation for child welfare services.
764-(3) For the 2024-25 state fiscal year, $1,221,710 is appropriated to
765-the department of human services for use by the office of children, youth,
766-and families. This appropriation is from local funds and is subject to the
767-"(I)" notation as defined in the annual general appropriation act for the same
768-fiscal year. To implement this act, the office may use this appropriation for
769-child welfare services.
770-(4) For the 2024-25 state fiscal year, the general assembly
771-anticipates that the department of human services will receive $6,459,409
772-in federal funds to implement this act. This appropriation is subject to the
773-"(I)" notation as defined in the annual general appropriation act for the same
774-fiscal year. The appropriation in subsection (2) of this section is based on
775-the assumption that the department will receive this amount of federal funds
776-to be used by the office of children, youth, and families for child welfare
777-services.
778-(5) For the 2024-25 state fiscal year, $55,748 is appropriated to the
779-department of public safety for use by the biometric identification and
780-records unit. This appropriation is from the Colorado bureau of
781-investigation identification unit fund created in section 24-33.5-426, C.R.S.
782-To implement this act, the unit may use this appropriation as follows:
783-(a) $19,338 for personal services, which amount is based on an
784-assumption that the unit will require an additional 0.3 FTE; and
785-(b) $36,410 for operating expenses.
786-PAGE 17-SENATE BILL 24-008 SECTION 18. Effective date. This act takes effect September 1,
787-2024.
788-SECTION 19. Safety clause. The general assembly finds,
789-determines, and declares that this act is necessary for the immediate
790-preservation of the public peace, health, or safety or for appropriations for
791-the support and maintenance of the departments of the state and state
792-institutions.
793-____________________________ ____________________________
794-Steve Fenberg Julie McCluskie
795-PRESIDENT OF SPEAKER OF THE HOUSE
796-THE SENATE OF REPRESENTATIVES
797-____________________________ ____________________________
798-Cindi L. Markwell Robin Jones
799-SECRETARY OF CHIEF CLERK OF THE HOUSE
800-THE SENATE OF REPRESENTATIVES
801- APPROVED________________________________________
802- (Date and Time)
803- _________________________________________
804- Jared S. Polis
805- GOVERNOR OF THE STATE OF COLORADO
806-PAGE 18-SENATE BILL 24-008
806+ CARE PROVIDERS,19
807+employees, and owners. At the conclusion of each review, the department20
808+shall report its findings and conclusions and its recommendations for21
809+administrative changes and for legislation to the state board.22
810+SECTION 17. Appropriation. (1) For the 2024-25 state fiscal23
811+year, $190,672 is appropriated to the department of human services for24
812+use by the administration and finance division. This appropriation is from25
813+the general fund and is based on an assumption that the division will26
814+require an additional 2.5 FTE. To implement this act, the division may27
815+008
816+-23- use this appropriation for the administrative review unit. 1
817+(2) For the 2024-25 state fiscal year, $5,516,580 is appropriated2
818+to the department of human services for use by the office of children,3
819+youth, and families. This appropriation is from the Colorado long-term4
820+works reserve created in section 26-2-721 (1), C.R.S. To implement this5
821+act, the office may use this appropriation for child welfare services. 6
822+(3) For the 2024-25 state fiscal year, $1,221,710 is appropriated7
823+to the department of human services for use by the office of children,8
824+youth, and families. This appropriation is from local funds and is subject9
825+to the "(I)" notation as defined in the annual general appropriation act for10
826+the same fiscal year. To implement this act, the office may use this11
827+appropriation for child welfare services. 12
828+(4) For the 2024-25 state fiscal year, the general assembly13
829+anticipates that the department of human services will receive $6,459,40914
830+in federal funds to implement this act. This appropriation is subject to the15
831+"(I)" notation as defined in the annual general appropriation act for the16
832+same fiscal year. The appropriation in subsection (2) of this section is17
833+based on the assumption that the department will receive this amount of18
834+federal funds to be used by the office of children, youth, and families for19
835+child welfare services.20
836+(5) For the 2024-25 state fiscal year, $55,748 is appropriated to21
837+the department of public safety for use by the biometric identification and22
838+records unit. This appropriation is from the Colorado bureau of23
839+investigation identification unit fund created in section 24-33.5-426,24
840+C.R.S. To implement this act, the unit may use this appropriation as25
841+follows:26
842+(a) $19,338 for personal services, which amount is based on an27
843+008
844+-24- assumption that the unit will require an additional 0.3 FTE; and1
845+(b) $36,410 for operating expenses. 2
846+SECTION 18. Effective date. This act takes effect September 1,3
847+2024.4
848+SECTION 19. Safety clause. The general assembly finds,5
849+determines, and declares that this act is necessary for the immediate6
850+preservation of the public peace, health, or safety or for appropriations for7
851+the support and maintenance of the departments of the state and state8
852+institutions.9
853+008
854+-25-