SENATE BILL 24-191
BY SENATOR(S) Zenzinger and Simpson, Bridges, Buckner, Coleman,
Cutter, Exum, Fields, Ginal, Gonzales, Jaquez Lewis, Kirkmeyer, Kolker,
Marchman, Michaelson Jenet, Mullica, Pelton B., Priola, Will, Winter F.;
also REPRESENTATIVE(S) Kipp and Frizell, Amabile, Bird, Boesenecker,
Brown, deGruy Kennedy, Duran, English, Garcia, Hamrick, Hernandez,
Jodeh, Lieder, Lindsay, Mabrey, Mauro, McLachlan, Ortiz, Parenti, Ricks,
Story, Titone, Valdez, Velasco, Vigil, Young, McCluskie.
C
ONCERNING THE OPERATION OF HOST HOMES FOR YOUTH .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 26-5.7-110 as
follows:
26-5.7-110. Host homes for youth - report - rules - definitions.
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "H
OST HOME" MEANS A PRIVATE HOME THAT VOLUNTEERS TO
HOST YOUTH IN NEED OF TEMPORARY PLACEMENT THAT IS ASSOCIATED WITH
A HOST HOME PROGRAM WITH THE PURPOSE OF PROVIDING A SAFE
,
TEMPORARY, AND WELCOMING SPACE TO ALLOW THE YOUTH TIME TO REPAIR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. THE YOUTH'S RELATIONSHIP WITH THE YOUTH'S PARENT OR LEGAL GUARDIAN
OR MAKE DECISIONS REGARDING OTHER LONG
-TERM HOUSING OPTIONS WITH
THE SUPPORT OF A HOST HOME OPERATOR
.
(b) "H
OST HOME PROGRAM " OR "PROGRAM" MEANS A PROGRAM
THAT PROVIDES SUPPORT TO A HOST HOME AND MEETS THE REQUIREMENTS
OF SUBSECTION
(3) OF THIS SECTION.
(c) "Y
OUTH" MEANS AN INDIVIDUAL WHO IS UNDER TWENTY -THREE
YEARS OF AGE
.
(2) T
HE STATE DEPARTMENT SHALL OVERSEE THE OPERATIONS OF
THE HOST HOME PROGRAMS
.
(3)
TO OPERATE A HOST HOME PROGRAM , AN ORGANIZATION MUST:
(a) B
E A TAX EXEMPT ORGANIZATION FOR YOUTH NOT IN THE CARE
OF THE COUNTY DEPARTMENT
;
(b) R
ECRUIT AND SCREEN INDIVIDUALS INTERESTED IN OPERATING
A HOST HOME IN THE PROGRAM
, INCLUDING PERFORMING CRIMINAL HISTORY
RECORD CHECKS PURSUANT TO SUBSECTION
(5) OF THIS SECTION ON THE
INTERESTED INDIVIDUALS AND ALL INDIVIDUALS RESIDING IN THE HOME WHO
ARE EIGHTEEN YEARS OF AGE OR OLDER
, AND PERFORM A PHYSICAL
INSPECTION OF THE HOME
;
(c) P
ROVIDE CASE MANAGEMENT SERVICES TO YOUTH IN THE
PROGRAM
;
(d) P
ROVIDE A MINIMUM OF SIXTY DAYS OF AFTERCARE , AS DEFINED
IN
45 CFR 1351.1, FOR A YOUTH WHO LEAVES A HOST HOME ;
(e) P
ROVIDE MANDATORY REPORTER AND CONFIDENTIALITY
TRAINING TO HOST HOME OPERATORS
; AND
(f) MAINTAIN ACCURATE AND UP-TO-DATE RECORDS DOCUMENTING
THE FOLLOWING FOR EACH HOST HOME OPERATING UNDER THE PROGRAM
:
(I) T
HE ADDRESS OF THE HOST HOME;
PAGE 2-SENATE BILL 24-191 (II) THE NAME OF THE INDIVIDUAL OPERATING THE HOST HOME AND
ALL OTHER INDIVIDUALS RESIDING IN THE HOME
;
(III) A
COPY OF THE COMPLETED CRIMINAL HISTORY RECORD CHECK
CONDUCTED PURS UANT TO SUBSECTION
(5) OF THIS SECTION FOR THE
INDIVIDUAL OPERATING THE HOST HOME AND ALL OTHER INDIVIDUALS
RESIDING IN THE HOME WHO ARE EIGHTEEN YEARS OF AGE OR OLDER
;
(IV) A
COPY OF THE HOST HOME 'S COMPLETED PHYSICAL HOME
INSPECTION
;
(V) A
COPY OF THE HOST HOME'S PROPERTY OR RENTAL INSURANCE
AND AUTOMOBILE INSURANCE
; AND
(VI) ANY OTHER INFORMATION REQUIRED BY THE STATE
DEPARTMENT
.
(4) T
O OPERATE A HOST HOME, AN INDIVIDUAL MUST:
(a) M
AINTAIN PROPERTY OR RENTAL INSURANCE AND AUTOMOBILE
INSURANCE COVERING THE PROPERTY AND VEHICLES USED IN PROVIDING
HOST HOME SERVICES
;
(b) U
NDERGO A CRIMINAL HISTORY RECORD CHECK IN COMPLIANCE
WITH SUBSECTION
(5) OF THIS SECTION; AND
(c) COMPLY WITH ANY OTHER REQUIREMENTS SET BY THE STATE
DEPARTMENT
.
(5) (a) B
EFORE AN INDIVIDUAL MAY OPERATE A HOST HOME
PURSUANT TO THIS SECTION
, THE INDIVIDUAL MUST UNDERGO
FINGERPRINTING PERFORMED BY A LOCAL LAW ENFORCEMENT AGENCY OR
THIRD PARTY APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION .
T
HE INDIVIDUAL MUST PAY THE COSTS ASSOCIATED WITH THE
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK .
(b) A
FTER TAKING THE INDIVIDUAL'S FINGERPRINTS, THE LOCAL LAW
ENFORCEMENT AGENCY OR THIRD PARTY APPROVED BY THE
COLORADO
BUREAU OF INVESTIGATION SHALL SUBMIT THE COMPLETE SET OF THE
INDIVIDUAL
'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION
PAGE 3-SENATE BILL 24-191 FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY
RECORD CHECK
.
(c) I
F A THIRD PARTY APPROVED BY THE COLORADO BUREAU OF
INVESTIGATION CONDUCTS THE FINGERPRINTING
, THE INDIVIDUAL'S
FINGERPRINTS MAY BE CAPTURED ELECTRONICALLY USING
COLORADO
BUREAU OF INVESTIGATION
-APPROVED LIVESCAN EQUIPMENT . THE THIRD
PARTY APPROVED BY THE
COLORADO BUREAU OF INVESTIGATION MUST NOT
KEEP THE INDIVIDUAL
'S INFORMATION COLLECTED FOR THE PURPOSE OF
CONDUCTING A FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK FOR
MORE THAN THIRTY DAYS
, UNLESS OTHERWISE REQUESTED BY THE
INDIVIDUAL
.
(d) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
INDIVIDUAL
'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD
CHECK USING THE
COLORADO BUREAU OF INVESTIGATION 'S RECORDS. THE
COLORADO BUREAU OF INVESTIGATION MUST SEND THE INDIVIDUAL 'S
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE
PURPOSE OF CONDUCTING A FEDERAL FINGERPRINT
-BASED CRIMINAL
HISTORY RECORD CHECK
. THE COLORADO BUREAU OF INVESTIGATION ,
INDIVIDUAL, STATE DEPARTMENT , AND ENTITY C ONDUCTING THE
FINGERPRINTING MUST COMPLY WITH THE FEDERAL BUREAU OF
INVESTIGATION
'S REQUIREMENTS TO CONDUCT A FINGERPRINT -BASED
CRIMINAL HISTORY RECORD CHECK
.
(e) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
RESULTS OF ITS FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK TO
THE STATE DEPARTMENT AND THE STATE DEPARTMENT IS AUTHORIZED TO
RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION
'S
FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK . THE STATE
DEPARTMENT MUST USE THE INFORMATION FROM THE FINGERPRINT
-BASED
CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE
WHETHER AN INDIVIDUAL IS QUALIFIED TO OPERATE A HOST HOME PURS UANT
TO THIS SECTION
.
(f) I
F THE RESULTS OF AN INDIVIDUAL 'S FINGERPRINT-BASED
CRIMINAL HISTORY RECORD CHECK PERFORMED PURSUANT TO THIS
SUBSECTION
(5) REVEAL A RECORD OF ARRESTS WITHOUT A DISPOSITION, THE
ORGANIZATION OPERATING A HOST HOME PROGRAM MUST REQUIRE THE
INDIVIDUAL TO SUBMIT TO A NAME
-BASED JUDICIAL RECORD CHECK , AS
PAGE 4-SENATE BILL 24-191 DEFINED IN SECTION 22-2-119.3.
(6) (a) I
F A YOUTH IS UNDER ELEVEN YEARS OF AGE AND SEEKS
ADMISSION TO A HOST HOME
, THE HOST HOME MUST OBTAIN WRITTEN
CONSENT FROM A PARENT OR LEGAL GUARDIAN OF THE YOUTH AUTHORIZING
THE YOUTH
'S TEMPORARY RESIDENCE IN THE HOST HOME . IF WRITTEN
CONSENT IS RECEIVED
, THE YOUTH MAY RESIDE IN A HOST HOME FOR UP TO
TWENTY
-ONE DAYS.
(b) Y
OUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER EIGHTEEN
YEARS OF AGE ADMITTED TO A HOST HOME MAY RESIDE IN THE HOST HOME
FOR UP TO TWENTY
-ONE DAYS PURSUANT TO SECTION 26-5.7-105.
(c) I
F A YOUTH UNDER FIFTEEN YEARS OF AGE IS ADMITTED TO A
HOST HOME
, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR MUST
NOTIFY THE COUNTY DEPARTMENT WITHIN SEVENTY
-TWO HOURS AFTER THE
YOUTH
'S ADMISSION.
(d) F
OR YOUTH EIGHTEEN YEARS OF AGE OR OLDER BUT UNDER
TWENTY
-THREE YEARS OF AGE, THE YOUTH MAY REMAIN IN A HOST HOME
BEYOND THE TWENTY
-ONE-DAY PERIOD IF CONSENT IS PROVIDED TO THE
HOST HOME BY THE YOUTH
. DOCUMENTATION VERIFYING THE YOUTH 'S
CONSENT MUST BE UPDATED EVERY SIX MONTHS THEREAFTER
.
(e) I
F A YOUTH ELEVEN YEARS OF AGE OR OLDER BUT UNDER
TWENTY
-THREE YEARS OF AGE HAS RESIDED IN A HOST HOME FOR
TWENTY
-ONE DAYS, THE PROGRAM DIRECTOR OR HOST HOME OPERATOR
MUST REFER THE YOUTH TO THE COUNTY DEPARTMENT FOR ADDITIONAL
SERVICES
.
(f) H
OST HOME OPERATORS SHALL COMPLY WITH THE NOTIFICATION
REQUIREMENTS SPECIFIED IN SECTION
26-5.7-106.
(7) O
N OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1
THEREAFTER, IF A PROGRAM RECEIVES LOCAL, STATE, OR FEDERAL FUNDING,
THE PROGRAM MUST ENTER THE FOLLOWING INFORMATION IN TO THE
HOMELESS MANAGEMENT INFORMATION SYSTEM AND SHARE THE
INFORMATION WITH THE OFFICE OF HOMELESS YOUTH SERVICES
:
(a) T
HE NUMBER OF YOUTH SERVED BY THE PROGRAM ; AND
PAGE 5-SENATE BILL 24-191 (b) UPON LEAVING A HOST HOME, WHETHER EACH PARTICIPATING
YOUTH RETURNED TO LIVE WITH THE YOUTH
'S PARENT OR LEGAL GUARDIAN,
RAN AWAY, REACHED TWENTY -THREE YEARS OF AGE , OR BECAME A
DEPENDANT OF THE STATE
.
(8) A
LICENSED FOSTER CARE HOME APPROVED AS A HOST HOME
SHALL NOT ACCEPT A YOUTH FOR PLACEMENT PURSUANT TO THIS SECTION
IF THERE ARE ANY FOSTER CHILDREN CURRENTLY PLACED IN THAT HOME
.
(9) N
OTHING IN THIS SECTION APPLIES TO HOST HOMES PROVIDING
RESIDENTIAL SERVICES TO ADULTS WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES
.
(10) T
HE STATE DEPARTMENT SHALL PROMULGATE RULES AS
NECESSARY TO IMPLEMENT THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, 19-7-305, amend
(1)(b)(II) as follows:
19-7-305. Available services and supports. (1) Each county
department shall offer, at a minimum, the following services and supports
to participating youth in the transition program:
(b) Assistance with securing safe, affordable, and stable housing in
the following ways:
(II) With the participating youth's consent, the participating youth's
housing may be in any placement approved by the county department or the
court for which the participating youth is otherwise eligible, including a
licensed host family home
HOST HOME, as defined in section 26-5.7-102
(3.5) SECTION 26-5.7-110, or a supervised independent living placement,
and that is the least restrictive option to meet the participating youth's needs;
or
SECTION 3. In Colorado Revised Statutes, 26-5.7-102, repeal
(3.5) as follows:
26-5.7-102. Definitions. As used in this article 5.7, unless the
context otherwise requires:
PAGE 6-SENATE BILL 24-191 (3.5) "Licensed host family home" means a home that meets the
requirements established by the state board by rule pursuant to section
26-6-909 (6).
SECTION 4. In Colorado Revised Statutes, 26-5.7-105, amend (1),
(2) introductory portion, (3), (4), and (7); and repeal (6) as follows:
26-5.7-105. Child care facilities - homeless youth shelters -
authority - duties - rules. (1) Licensed child care facilities
OR licensed
homeless youth shelters and licensed host family homes
may provide shelter
and crisis intervention, family reconciliation, and alternative residential
services to homeless youth. Homeless youth who are fifteen years of age or
older may consent, in writing, to receive such
shelter and services without
parental consent when in accordance with rules promulgated by the state
department pursuant to subsection (8) of this section.
(2) Any
A youth admitted to a licensed child care facility OR
licensed homeless youth shelter or licensed host family home pursuant to
this article 5.7 and who is not returned to the home of the youth's parent or
legal guardian or is not placed in a voluntary alternative residential
placement pursuant to section 26-5.7-107 shall
MAY reside at a facility OR
shelter or licensed host family home described in subsection (1) of this
section for a period not to exceed twenty-one days from the time of intake
except as otherwise provided in this article 5.7. A licensed child care facility
OR licensed homeless youth shelter or a licensed host family home shall
make a concerted effort to achieve a reconciliation of the family. If a
reconciliation and voluntary return of the youth have not been achieved
within seventy-two hours from the time of intake and the director of the
facility or shelter, or other person in charge, does not consider it likely that
reconciliation will be achieved within the twenty-one-day period, then the
director of the facility or shelter, or other person in charge, shall provide the
youth and the youth's parent or legal guardian with a statement identifying:
(3) The state department shall develop a written statement of the
rights and counseling services set forth in subsection (2) of this section and
distribute the statement to each law enforcement agency, licensed child care
facility
OR licensed homeless youth shelter. and licensed host family home.
Each law enforcement officer taking a youth into custody pursuant to this article 5.7 shall provide the youth and the youth's parent or legal guardian with a copy of the statement. Each licensed child care facility
OR licensed
PAGE 7-SENATE BILL 24-191 homeless youth shelter and licensed host family home shall provide each
resident youth and the youth's parent or legal guardian with a copy of the
statement.
(4) When a youth under fifteen years of age is admitted to a licensed
child care facility
OR licensed homeless youth shelter, or licensed host
family home, the director of the facility, shelter, or other person in charge
shall notify the county department within seventy-two hours of the youth's
admission.
(6) A licensed foster care home approved as a licensed host family
home shall not accept a homeless youth for placement under this section if
there are any foster children currently placed in the home.
(7) If a youth who is at least eleven years of age but less than fifteen
years of age has been served up to twenty-one days and returns to the
licensed child care facility
OR licensed homeless youth shelter or licensed
host family home after leaving the facility OR shelter, or host home, the
director of the licensed child care facility or licensed homeless youth shelter
or other person in charge shall make a referral for services to the county
department.
SECTION 5. In Colorado Revised Statutes, 26-5.7-108, amend (2)
introductory portion as follows:
26-5.7-108. Voluntary alternative residence - lack of parental
agreement. (2) The licensed child care facility
OR licensed homeless youth
shelter or licensed host family home
to which the youth has been admitted
may arrange for the establishment of a supervised independent living
arrangement or may arrange a voluntary residential agreement between the
youth and a relative or other responsible adult, a licensed child care facility,
a
OR licensed homeless youth shelter or a licensed host family home if the
youth has been admitted to a licensed child care facility
OR licensed
homeless youth shelter or licensed host family home
and:
SECTION 6. In Colorado Revised Statutes, 26-6-909, repeal (6)
as follows:
26-6-909. Standards for facilities and agencies - rules. (6) The
state board shall promulgate rules to define the requirements for licensure
PAGE 8-SENATE BILL 24-191 for a licensed host family home serving homeless youth pursuant to the
"Homeless Youth Act", article 5.7 of this title 26.
SECTION 7. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 9-SENATE BILL 24-191 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-SENATE BILL 24-191