Colorado 2024 2024 Regular Session

Colorado Senate Bill SB191 Introduced / Bill

Filed 04/01/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-1068.01 Chelsea Princell x4335
SENATE BILL 24-191
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE OPERATION OF HOST HOMES FOR YOUTH .101
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the department of human services to oversee the
operations of host home programs. The bill sets requirements for
organizations seeking to operate a host home program and requirements
for host homes participating in a host home program.
The bill allows a youth to reside in a host home for up to 21 days,
unless the youth is 18 years of age or older but under 22 years of age and
consents to remain in the host home longer. A host home that hosts a
youth under 11 years of age must obtain written consent from the youth's
SENATE SPONSORSHIP
Zenzinger and Simpson,
HOUSE SPONSORSHIP
Kipp and Frizell,
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. parent or legal guardian authorizing the temporary residence.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 26-5.7-110 as2
follows:3
26-5.7-110.  Host homes for youth - report - rules - definitions.4
(1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(a)  "H
OST HOME" MEANS A PRIVATE HOME THAT VOLUNTEERS TO7
HOST YOUTH IN NEED OF TEMPORARY PLACEMENT THAT IS ASSOCIATED8
WITH A HOST HOME PROGRAM WITH THE PURPOSE OF PROVIDING A SAFE ,9
TEMPORARY, AND WELCOMING SPACE TO ALLOW THE YOUTH TIME TO10
REPAIR THE YOUTH'S RELATIONSHIP WITH THE YOUTH'S PARENT OR LEGAL11
GUARDIAN OR MAKE DECISIONS REGARDING OTHER LONG -TERM HOUSING12
OPTIONS WITH THE SUPPORT OF A HOST HOME OPERATOR .13
(b)  "H
OST HOME PROGRAM" OR "PROGRAM" MEANS A PROGRAM14
THAT PROVIDES SUPPORT TO A HOST HOME AND MEETS THE REQUIREMENTS15
OF SUBSECTION (3) OF THIS SECTION.16
(c)  "Y
OUTH" MEANS AN INDIVIDUAL WHO IS UNDER TWENTY -TWO17
YEARS OF AGE.18
(2)  T
HE STATE DEPARTMENT SHALL OVERSEE THE OPERATIONS OF19
THE HOST HOME PROGRAMS .20
(3)
  TO OPERATE A HOST HOME PROGRAM , AN ORGANIZATION MUST:21
(a)  B
E A TAX EXEMPT ORGANIZATION FOR YOUTH NOT IN THE CARE22
OF, OR RECEIVING SERVICES FROM, THE STATE DEPARTMENT;23
(b)  R
ECRUIT AND SCREEN INDIVIDUALS INTERESTED IN OPERATING24
A HOST HOME IN THE PROGRAM , INCLUDING PERFORMING BACKGROUND25
SB24-191-2- CHECKS PURSUANT TO SECTION 24-33.5-424 ON THE INTERESTED1
INDIVIDUALS AND ALL INDIVIDUALS RESIDING IN THE HOME WHO ARE2
EIGHTEEN YEARS OF AGE OR OLDER , AND PERFORM A PHYSICAL3
INSPECTION OF THE HOME;4
(c)  P
ROVIDE CASE MANAGEMENT SERVICES TO YOUTH IN THE5
PROGRAM;6
(d)  P
ROVIDE A MINIMUM OF SIXTY DAYS OF AFTERCARE , AS7
DEFINED IN 45 CFR 1351.1, FOR A YOUTH WHO LEAVES A HOST HOME ;8
(e)  P
ROVIDE MANDATORY REPORTER AND CONFIDENTIALITY9
TRAINING TO HOST HOME OPERATORS ; AND10
(f)  M
AINTAIN ACCURATE AND UP -TO-DATE RECORDS11
DOCUMENTING THE FOLLOWING FOR EACH HOST HOME OPERATING UNDER12
THE PROGRAM:13
(I)  T
HE ADDRESS OF THE HOST HOME;14
(II)  T
HE NAME OF THE INDIVIDUAL OPERATING THE HOST HOME15
AND ALL OTHER INDIVIDUALS RESIDING IN THE HOME ;16
(III)  A
 COPY OF THE COMPLETED BACKGROUND CHECK FOR THE17
INDIVIDUAL OPERATING THE HOST HOME AND ALL OTHER INDIVIDUALS18
RESIDING IN THE HOME WHO ARE EIGHTEEN YEARS OF AGE OR OLDER ;19
(IV)  A
 COPY OF THE HOST HOME'S COMPLETED PHYSICAL HOME20
INSPECTION;21
(V)  A
 COPY OF THE HOST HOME 'S PROPERTY OR RENTAL22
INSURANCE AND AUTOMOBILE INSURANCE ; AND23
(VI)  A
NY OTHER INFORMATION REQUIRED BY THE STATE24
DEPARTMENT.25
(4)  T
O OPERATE A HOST HOME, AN INDIVIDUAL MUST:26
(a)  M
AINTAIN PROPERTY OR RENTAL INSURANCE AND AUTOMOBILE27
SB24-191
-3- INSURANCE COVERING THE PROPERTY AND VEHICLES USED IN PROVIDING1
HOST HOME SERVICES;2
(b)  U
NDERGO A BACKGROUND CHECK ; AND3
(c)  C
OMPLY WITH ANY OTHER REQUIREMENTS SET BY THE STATE4
DEPARTMENT.5
(5) (a)  I
F A YOUTH IS UNDER ELEVEN YEARS OF AGE AND SEEKS6
ADMISSION TO A HOST HOME , THE HOST HOME MUST OBTAIN WRITTEN7
CONSENT FROM A PARENT OR LEGAL GUARDIAN OF THE YOUTH8
AUTHORIZING THE YOUTH'S TEMPORARY RESIDENCE IN THE HOST HOME . IF9
WRITTEN CONSENT IS RECEIVED, THE YOUTH MAY RESIDE IN A HOST HOME10
FOR UP TO TWENTY-ONE DAYS.11
(b)  Y
OUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER EIGH TEEN12
YEARS OF AGE ADMITTED TO A HOST HOME MAY RESIDE IN THE HOST HOME13
FOR UP TO TWENTY-ONE DAYS PURSUANT TO SECTION 26-5.7-105.14
(c)  I
F A YOUTH UNDER FIFTEEN YEARS OF AGE IS ADMITTED TO A15
HOST HOME, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR MUST16
NOTIFY THE COUNTY DEPARTMENT WITHIN SEVENTY -TWO HOURS AFTER17
THE YOUTH'S ADMISSION.18
(d)  F
OR YOUTH EIGHTEEN YEARS OF AGE OR OLDER BUT UNDER19
TWENTY-TWO YEARS OF AGE, THE YOUTH MAY REMAIN IN A HOST HOME20
BEYOND THE TWENTY-ONE-DAY PERIOD IF CONSENT IS PROVIDED TO THE21
HOST HOME BY THE YOUTH . DOCUMENTATION VERIFYING THE YOUTH 'S22
CONSENT MUST BE UPDATED EVERY SIX MONTHS THEREAFTER .23
(e)  I
F A YOUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER24
TWENTY-TWO YEARS OF AGE HAS RESIDED IN A HOST HOME FOR25
TWENTY-ONE DAYS, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR26
MUST REFER THE YOUTH TO THE COUNTY DEPARTMENT FOR ADDITIONAL27
SB24-191
-4- SERVICES.1
(f)  H
OST HOME OPERATORS SHALL COMPLY WITH THE2
NOTIFICATION REQUIREMENTS SPECIFIED IN SECTION 26-5.7-106.3
(6)  O
N OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 14
THEREAFTER, IF A PROGRAM RECEIVES LOCAL , STATE, OR FEDERAL5
FUNDING, THE PROGRAM MUST ENTER THE FOLLOWING INFORMATION IN TO6
THE HOMELESS MANAGEMENT INFORMATION SYSTEM AND SHARE THE7
INFORMATION WITH THE OFFICE OF HOMELESS YOUTH SERVICES :8
(a)  T
HE NUMBER OF YOUTH SERVED BY THE PROGRAM ; AND9
(b)  U
PON LEAVING A HOST HOME, WHETHER EACH PARTICIPATING10
YOUTH RETURNED TO LIVE WITH THE YOUTH 'S PARENT OR LEGAL11
GUARDIAN, RAN AWAY, REACHED TWENTY-ONE YEARS OF AGE, OR BECAME12
A DEPENDANT OF THE STATE.13
(7)  T
HE STATE DEPARTMENT SHALL PROMULGATE RULES AS14
NECESSARY TO IMPLEMENT THIS SECTION .15
SECTION 2. In Colorado Revised Statutes, 19-7-305, amend16
(1)(b)(II) as follows:17
19-7-305.  Available services and supports. (1)  Each county18
department shall offer, at a minimum, the following services and supports19
to participating youth in the transition program:20
(b)  Assistance with securing safe, affordable, and stable housing21
in the following ways:22
(II)  With the participating youth's consent, the participating23
youth's housing may be in any placement approved by the county24
department or the court for which the participating youth is otherwise25
eligible, including a licensed host family home
 HOST HOME, as defined in26
section 26-5.7-102 (3.5) SECTION 26-5.7-110, or a supervised independent27
SB24-191
-5- living placement, and that is the least restrictive option to meet the1
participating youth's needs; or2
SECTION 3. In Colorado Revised Statutes, 26-5.7-102, repeal3
(3.5) as follows:4
26-5.7-102.  Definitions. As used in this article 5.7, unless the5
context otherwise requires:6
(3.5)  "Licensed host family home" means a home that meets the7
requirements established by the state board by rule pursuant to section8
26-6-909 (6).9
SECTION 4. In Colorado Revised Statutes, 26-5.7-105, amend10
(1), (2) introductory portion, (3), (4), and (7); and repeal (6) as follows:11
26-5.7-105.  Child care facilities - homeless youth shelters -12
authority - duties - rules. (1)  Licensed child care facilities 
OR licensed13
homeless youth shelters and licensed host family homes
 may provide14
shelter and crisis intervention, family reconciliation, and alternative15
residential services to homeless youth. Homeless youth who are fifteen16
years of age or older may consent, in writing, to receive such shelter and17
services without parental consent when in accordance with rules18
promulgated by the state department pursuant to subsection (8) of this19
section.20
(2)  Any A youth admitted to a licensed child care facility OR21
licensed homeless youth shelter or licensed host family home pursuant to22
this article 5.7 and who is not returned to the home of the youth's parent23
or legal guardian or is not placed in a voluntary alternative residential24
placement pursuant to section 26-5.7-107 shall MAY reside at a facility OR25
shelter or licensed host family home described in subsection (1) of this26
section for a period not to exceed twenty-one days from the time of intake27
SB24-191
-6- except as otherwise provided in this article 5.7. A licensed child care1
facility 
OR licensed homeless youth shelter or a licensed host family home
2
shall make a concerted effort to achieve a reconciliation of the family. If3
a reconciliation and voluntary return of the youth have not been achieved4
within seventy-two hours from the time of intake and the director of the5
facility or shelter, or other person in charge, does not consider it likely6
that reconciliation will be achieved within the twenty-one-day period,7
then the director of the facility or shelter, or other person in charge, shall8
provide the youth and the youth's parent or legal guardian with a9
statement identifying:10
(3)  The state department shall develop a written statement of the11
rights and counseling services set forth in subsection (2) of this section12
and distribute the statement to each law enforcement agency, licensed13
child care facility 
OR licensed homeless youth shelter. and licensed host
14
family home. Each law enforcement officer taking a youth into custody15
pursuant to this article 5.7 shall provide the youth and the youth's parent16
or legal guardian with a copy of the statement. Each licensed child care17
facility 
OR licensed homeless youth shelter and licensed host family home
18
shall provide each resident youth and the youth's parent or legal guardian19
with a copy of the statement.20
(4)  When a youth under fifteen years of age is admitted to a21
licensed child care facility 
OR licensed homeless youth shelter, or licensed
22
host family home, the director of the facility, shelter, or other person in23
charge shall notify the county department within seventy-two hours of the24
youth's admission.25
(6)  A licensed foster care home approved as a licensed host family26
home shall not accept a homeless youth for placement under this section27
SB24-191
-7- if there are any foster children currently placed in the home.1
(7)  If a youth who is at least eleven years of age but less than2
fifteen years of age has been served up to twenty-one days and returns to3
the licensed child care facility 
OR licensed homeless youth shelter or
4
licensed host family home after leaving the facility OR shelter, or host5
home, the director of the licensed child care facility or licensed homeless6
youth shelter or other person in charge shall make a referral for services7
to the county department.8
SECTION 5. In Colorado Revised Statutes, 26-5.7-108, amend9
(2) introductory portion as follows:10
26-5.7-108.  Voluntary alternative residence - lack of parental11
agreement. (2)  The licensed child care facility 
OR licensed homeless12
youth shelter or licensed host family home
 to which the youth has been13
admitted may arrange for the establishment of a supervised independent14
living arrangement or may arrange a voluntary residential agreement15
between the youth and a relative or other responsible adult, a licensed16
child care facility, a OR licensed homeless youth shelter or a licensed host17
family home if the youth has been admitted to a licensed child care18
facility 
OR licensed homeless youth shelter or licensed host family home
19
and:20
SECTION 6. In Colorado Revised Statutes, 26-6-909, repeal (6)21
as follows:22
26-6-909.  Standards for facilities and agencies - rules. (6)  The23
state board shall promulgate rules to define the requirements for licensure24
for a licensed host family home serving homeless youth pursuant to the25
"Homeless Youth Act", article 5.7 of this title 26.26
SECTION 7. Act subject to petition - effective date. This act27
SB24-191
-8- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2024 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
SB24-191
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