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 -9-