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-