Colorado 2024 2024 Regular Session

Colorado Senate Bill SB191 Engrossed / Bill

Filed 04/22/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-1068.01 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
Amended 2nd Reading
April 22, 2024
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 UNDER17
TWENTY-THREE
 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 THE COUNTY DEPARTMENT ;
23
(b)  R
ECRUIT AND SCREEN INDIVIDUALS INTERESTED IN OPERATING24
A HOST HOME IN THE PROGRAM , INCLUDING PERFORMING CRIMINAL
25
191-2- HISTORY RECORD CHECKS PURSUANT TO SUBSECTION (5) OF THIS SECTION1
ON THE INTERESTED INDIVIDUALS AND ALL INDIVIDUALS RESIDING IN THE2
HOME WHO ARE EIGHTEEN YEARS OF AGE OR OLDER , AND PERFORM A3
PHYSICAL 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 CRIMINAL HISTORY RECORD
17
CHECK CONDUCTED PURSUANT TO SUBSECTION (5) OF THIS SECTION FOR18
THE INDIVIDUAL OPERATING THE HOST HOME AND ALL OTHER INDIVIDUALS19
RESIDING IN THE HOME WHO ARE EIGHTEEN YEARS OF AGE OR OLDER ;20
(IV)  A
 COPY OF THE HOST HOME'S COMPLETED PHYSICAL HOME21
INSPECTION;22
(V)  A
 COPY OF THE HOST HOME 'S PROPERTY OR RENTAL23
INSURANCE AND AUTOMOBILE INSURANCE ; AND24
(VI)  A
NY OTHER INFORMATION REQUIRED BY THE STATE25
DEPARTMENT.26
(4)  T
O OPERATE A HOST HOME, AN INDIVIDUAL MUST:27
191
-3- (a)  MAINTAIN PROPERTY OR RENTAL INSURANCE AND AUTOMOBILE1
INSURANCE COVERING THE PROPERTY AND VEHICLES USED IN PROVIDING2
HOST HOME SERVICES;3
(b)  U
NDERGO A CRIMINAL HISTORY RECORD CHECK IN COMPLIANCE
4
WITH SUBSECTION (5) OF THIS SECTION; AND5
(c)  C
OMPLY WITH ANY OTHER REQUIREMENTS SET BY THE STATE6
DEPARTMENT.7
(5) (a)  B
EFORE AN INDIVIDUAL MAY OPERATE A HOST HOME
8
PURSUANT TO THIS SECTION , THE INDIVIDUAL MUST UNDERGO9
FINGERPRINTING PERFORMED BY A LOCAL LAW ENFORCEMENT AGENCY OR10
THIRD PARTY APPROVED BY THE COLORADO BUREAU OF INVESTIGATION .11
T
HE INDIVIDUAL MUST PAY THE COSTS ASSOCIATED WITH THE
12
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .13
(b)  A
FTER TAKING THE INDIVIDUAL'S FINGERPRINTS, THE LOCAL
14
LAW ENFORCEMENT AGENCY OR THIRD PARTY APPROVED BY THE15
C
OLORADO BUREAU OF INVESTIGATION SHALL SUBMIT THE COMPLETE SET
16
OF THE INDIVIDUAL'S FINGERPRINTS TO THE COLORADO BUREAU OF17
INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED18
CRIMINAL HISTORY RECORD CHECK .19
(c)  I
F A THIRD PARTY APPROVED BY THE COLORADO BUREAU OF
20
INVESTIGATION CONDUCTS THE FINGERPRINTING , THE INDIVIDUAL'S21
FINGERPRINTS MAY BE CAPTURED ELECTRONICALLY USING COLORADO 22
BUREAU OF INVESTIGATION-APPROVED LIVESCAN EQUIPMENT . THE THIRD23
PARTY APPROVED BY THE COLORADO BUREAU OF INVESTIGATION MUST24
NOT KEEP THE INDIVIDUAL'S INFORMATION COLLECTED FOR THE PURPOSE25
OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK26
FOR MORE THAN THIRTY DAYS , UNLESS OTHERWISE REQUESTED BY THE27
191
-4- INDIVIDUAL.1
(d)  T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
2
INDIVIDUAL'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD3
CHECK USING THE COLORADO BUREAU OF INVESTIGATION 'S RECORDS. THE4
C
OLORADO BUREAU OF INVESTIGATION MUST SEND THE INDIVIDUAL 'S
5
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE6
PURPOSE OF CONDUCTING A FEDERAL FINGERPRINT -BASED CRIMINAL7
HISTORY RECORD CHECK . THE COLORADO BUREAU OF INVESTIGATION ,8
INDIVIDUAL, STATE DEPARTMENT , AND ENTITY CONDUCTING THE9
FINGERPRINTING MUST COMPLY WITH THE FEDERAL BUREAU OF10
INVESTIGATION'S REQUIREMENTS TO CONDUCT A FINGERPRINT -BASED11
CRIMINAL HISTORY RECORD CHECK .12
(e)  T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
13
RESULTS OF ITS FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK14
TO THE STATE DEPARTMENT AND THE STATE DEPARTMENT IS AUTHORIZED15
TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S16
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE STATE17
DEPARTMENT MUST USE THE INFORMATION FROM THE FINGERPRINT -BASED18
CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE19
WHETHER AN INDIVIDUAL IS QUALIFIED TO OPERATE A HOST HOME20
PURSUANT TO THIS SECTION.21
(f)  I
F THE RESULTS OF AN INDIVIDUAL 'S FINGERPRINT-BASED
22
CRIMINAL HISTORY RECORD CHECK PERFORMED PURSUANT TO THIS23
SUBSECTION (5) REVEAL A RECORD OF ARRESTS WITHOUT A DISPOSITION ,24
THE ORGANIZATION OPERATING A HOST HOME PROGRAM MUST REQUIRE25
THE INDIVIDUAL TO SUBMIT TO A NAME-BASED JUDICIAL RECORD CHECK,26
AS DEFINED IN SECTION 22-2-119.3.27
191
-5- (6) (a)  IF A YOUTH IS UNDER ELEVEN YEARS OF AGE AND SEEKS1
ADMISSION TO A HOST HOME , THE HOST HOME MUST OBTAIN WRITTEN2
CONSENT FROM A PARENT OR LEGAL GUARDIAN OF THE YOUTH3
AUTHORIZING THE YOUTH'S TEMPORARY RESIDENCE IN THE HOST HOME . IF4
WRITTEN CONSENT IS RECEIVED, THE YOUTH MAY RESIDE IN A HOST HOME5
FOR UP TO TWENTY-ONE DAYS.6
(b)  Y
OUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN7
YEARS OF AGE ADMITTED TO A HOST HOME MAY RESIDE IN THE HOST HOME8
FOR UP TO TWENTY-ONE DAYS PURSUANT TO SECTION 26-5.7-105.9
(c)  I
F A YOUTH UNDER FIFTEEN YEARS OF AGE IS ADMITTED TO A10
HOST HOME, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR MUST11
NOTIFY THE COUNTY DEPARTMENT WITHIN SEVENTY -TWO HOURS AFTER12
THE YOUTH'S ADMISSION.13
(d)  F
OR YOUTH EIGHTEEN YEARS OF AGE OR OLDER BUT UNDER14
TWENTY-THREE
 YEARS OF AGE, THE YOUTH MAY REMAIN IN A HOST HOME15
BEYOND THE TWENTY-ONE-DAY PERIOD IF CONSENT IS PROVIDED TO THE16
HOST HOME BY THE YOUTH . DOCUMENTATION VERIFYING THE YOUTH 'S17
CONSENT MUST BE UPDATED EVERY SIX MONTHS THEREAFTER .18
(e)  I
F A YOUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER19
TWENTY-THREE
 YEARS OF AGE HAS RESIDED IN A HOST HOME FOR20
TWENTY-ONE DAYS, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR21
MUST REFER THE YOUTH TO THE COUNTY DEPARTMENT FOR ADDITIONAL22
SERVICES.23
(f)  H
OST HOME OPERATORS SHALL COMPLY WITH THE24
NOTIFICATION REQUIREMENTS SPECIFIED IN SECTION 26-5.7-106.25
(7)
  ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 126
THEREAFTER, IF A PROGRAM RECEIVES LOCAL , STATE, OR FEDERAL27
191
-6- FUNDING, THE PROGRAM MUST ENTER THE FOLLOWING INFORMATION IN TO1
THE HOMELESS MANAGEMENT INFORMATION SYSTEM AND SHARE THE2
INFORMATION WITH THE OFFICE OF HOMELESS YOUTH SERVICES :3
(a)  T
HE NUMBER OF YOUTH SERVED BY THE PROGRAM ; AND4
(b)  U
PON LEAVING A HOST HOME, WHETHER EACH PARTICIPATING5
YOUTH RETURNED TO LIVE WITH THE YOUTH	'S PARENT OR LEGAL6
GUARDIAN, RAN AWAY, REACHED TWENTY-THREE
 YEARS OF AGE, OR7
BECAME A DEPENDANT OF THE STATE .8
(8)  A
 LICENSED FOSTER CARE HOME APPROVED AS A HOST HOME
9
SHALL NOT ACCEPT A YOUTH FOR PLACEMENT PURSUANT TO THIS SECTION10
IF THERE ARE ANY FOSTER CHILDREN CURRENTLY PLACED IN THAT HOME .11
(9)  N
OTHING IN THIS SECTION APPLIES TO HOST HOMES PROVIDING
12
RESIDENTIAL SERVICES TO ADULTS WITH INTELLECTUAL AND13
DEVELOPMENTAL DISABILITIES.14
(10) THE STATE DEPARTMENT SHALL PROMULGATE RULES AS15
NECESSARY TO IMPLEMENT THIS SECTION .16
SECTION 2. In Colorado Revised Statutes, 19-7-305, amend17
(1)(b)(II) as follows:18
19-7-305.  Available services and supports. (1)  Each county19
department shall offer, at a minimum, the following services and supports20
to participating youth in the transition program:21
(b)  Assistance with securing safe, affordable, and stable housing22
in the following ways:23
(II)  With the participating youth's consent, the participating24
youth's housing may be in any placement approved by the county25
department or the court for which the participating youth is otherwise26
eligible, including a licensed host family home HOST HOME, as defined in27
191
-7- section 26-5.7-102 (3.5) SECTION 26-5.7-110, or a supervised independent1
living placement, and that is the least restrictive option to meet the2
participating youth's needs; or3
SECTION 3. In Colorado Revised Statutes, 26-5.7-102, repeal4
(3.5) as follows:5
26-5.7-102.  Definitions. As used in this article 5.7, unless the6
context otherwise requires:7
(3.5)  "Licensed host family home" means a home that meets the8
requirements established by the state board by rule pursuant to section9
26-6-909 (6).10
SECTION 4. In Colorado Revised Statutes, 26-5.7-105, amend11
(1), (2) introductory portion, (3), (4), and (7); and repeal (6) as follows:12
26-5.7-105.  Child care facilities - homeless youth shelters -13
authority - duties - rules. (1)  Licensed child care facilities 
OR licensed14
homeless youth shelters and licensed host family homes
 may provide15
shelter and crisis intervention, family reconciliation, and alternative16
residential services to homeless youth. Homeless youth who are fifteen17
years of age or older may consent, in writing, to receive such shelter and18
services without parental consent when in accordance with rules19
promulgated by the state department pursuant to subsection (8) of this20
section.21
(2)  Any A youth admitted to a licensed child care facility OR22
licensed homeless youth shelter or licensed host family home pursuant to23
this article 5.7 and who is not returned to the home of the youth's parent24
or legal guardian or is not placed in a voluntary alternative residential25
placement pursuant to section 26-5.7-107 shall MAY reside at a facility OR26
shelter or licensed host family home described in subsection (1) of this27
191
-8- section for a period not to exceed twenty-one days from the time of intake1
except as otherwise provided in this article 5.7. A licensed child care2
facility 
OR licensed homeless youth shelter or a licensed host family home
3
shall make a concerted effort to achieve a reconciliation of the family. If4
a reconciliation and voluntary return of the youth have not been achieved5
within seventy-two hours from the time of intake and the director of the6
facility or shelter, or other person in charge, does not consider it likely7
that reconciliation will be achieved within the twenty-one-day period,8
then the director of the facility or shelter, or other person in charge, shall9
provide the youth and the youth's parent or legal guardian with a10
statement identifying:11
(3)  The state department shall develop a written statement of the12
rights and counseling services set forth in subsection (2) of this section13
and distribute the statement to each law enforcement agency, licensed14
child care facility 
OR licensed homeless youth shelter. and licensed host
15
family home. Each law enforcement officer taking a youth into custody16
pursuant to this article 5.7 shall provide the youth and the youth's parent17
or legal guardian with a copy of the statement. Each licensed child care18
facility 
OR licensed homeless youth shelter and licensed host family home
19
shall provide each resident youth and the youth's parent or legal guardian20
with a copy of the statement.21
(4)  When a youth under fifteen years of age is admitted to a22
licensed child care facility 
OR licensed homeless youth shelter, or licensed
23
host family home, the director of the facility, shelter, or other person in24
charge shall notify the county department within seventy-two hours of the25
youth's admission.26
(6)  A licensed foster care home approved as a licensed host family27
191
-9- home shall not accept a homeless youth for placement under this section1
if there are any foster children currently placed in the home.2
(7)  If a youth who is at least eleven years of age but less than3
fifteen years of age has been served up to twenty-one days and returns to4
the licensed child care facility 
OR licensed homeless youth shelter or
5
licensed host family home after leaving the facility OR shelter, or host6
home, the director of the licensed child care facility or licensed homeless7
youth shelter or other person in charge shall make a referral for services8
to the county department.9
SECTION 5. In Colorado Revised Statutes, 26-5.7-108, amend10
(2) introductory portion as follows:11
26-5.7-108.  Voluntary alternative residence - lack of parental12
agreement. (2)  The licensed child care facility 
OR licensed homeless13
youth shelter or licensed host family home
 to which the youth has been14
admitted may arrange for the establishment of a supervised independent15
living arrangement or may arrange a voluntary residential agreement16
between the youth and a relative or other responsible adult, a licensed17
child care facility, a OR licensed homeless youth shelter or a licensed host18
family home if the youth has been admitted to a licensed child care19
facility 
OR licensed homeless youth shelter or licensed host family home
20
and:21
SECTION 6. In Colorado Revised Statutes, 26-6-909, repeal (6)22
as follows:23
26-6-909.  Standards for facilities and agencies - rules. (6)  The24
state board shall promulgate rules to define the requirements for licensure25
for a licensed host family home serving homeless youth pursuant to the26
"Homeless Youth Act", article 5.7 of this title 26.27
191
-10- SECTION 7. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
191
-11-