Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0788.01 Anna Petrini x5497
SENATE BILL 24-202
Senate Committees House Committees
Health & Human Services Health & Human Services
A BILL FOR AN ACT
C
ONCERNING A PARENT'S FINANCIAL OBLIGATION TO COVER COSTS OF101
A CHILD IN OUT-OF-HOME PLACEMENT .102
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
.)
Current Colorado law requires that a decree providing for
placement of a child with a public agency be accompanied by a court
order that obligates the child's parent to pay a fee, based on the parent's
ability to pay. The fee covers the costs of a guardian ad litem and of
providing for residential care of the child. The bill removes the
requirement for a court order obligating a child's parent to pay the fee for
HOUSE
3rd Reading Unamended
May 4, 2024
HOUSE
2nd Reading Unamended
May 3, 2024
SENATE
3rd Reading Unamended
April 24, 2024
SENATE
2nd Reading Unamended
April 23, 2024
SENATE SPONSORSHIP
Fields, Buckner, Coleman, Cutter, Exum, Ginal, Gonzales, Marchman, Michaelson Jenet,
Priola
HOUSE SPONSORSHIP
Joseph and Epps, Amabile, Bacon, Boesenecker, Bradley, Duran, English, Froelich,
Garcia, Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lukens, McCluskie, Ortiz,
Parenti, Ricks, Rutinel, Story, Woodrow, Young
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. residential child care and guardian ad litem costs. Instead, the bill
authorizes a delegate child support enforcement unit to impose a fee only
when a county child welfare unit determines a referral is appropriate in
accordance with rules promulgated by the state board of human services
(state board). The bill removes the requirements that this fee be based on
a parent's ability to pay and that the fee cover the cost of a guardian ad
litem.
Current Colorado law assigns child support by operation of law to
the state department of human services to reimburse county, state, and
federal out-of-home placement costs when a child is placed in foster care.
The bill limits assignments to current, rather than previously accrued,
child support obligations. The bill grants a delegate child support
enforcement unit discretion to enforce a child support obligation when a
county child welfare unit determines a referral is appropriate in
accordance with rules promulgated by the state board.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-1-115, amend2
(4)(d)(I) as follows:3
19-1-115. Legal custody - guardianship - placement out of the4
home - petition for review for need of placement - rules. (4) (d) (I) A
5
W
HEN A decree IS ENTERED vesting legal custody of a child OR YOUTH or6
providing for placement of a child
OR YOUTH with an agency in which7
public money is expended must be accompanied by an order of the court
8
that obligates the parent of the child to pay AND A COUNTY DEPARTMENT9
THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL10
IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE11
STATE BOARD OF HUMAN SERVICES , A DELEGATE CHILD SUPPORT12
ENFORCEMENT UNIT MAY CHARGE THE PARENT OF THE CHILD OR YOUTH13
a fee based on the parent's ability to pay to cover the costs of the guardian14
ad litem and of providing for residential care of the child OR YOUTH.15
When custody of the child
OR YOUTH is given to the county department,16
of human or social services,
the fee for residential care must be in17
202-2- accordance with the fee requirements as provided by rule of the state1
department BOARD of human services, and the fee applies, to the extent2
unpaid, to the entire period of placement. When a child
OR YOUTH is3
committed to the state department of human services, the fee for care and4
treatment must be in accordance with the fee requirements as
provided by5
rule of the state department BOARD of human services, and the fee6
applies, to the extent unpaid, to the entire period of placement.7
SECTION 2. In Colorado Revised Statutes, amend 26-13-113 as8
follows:9
26-13-113. Placement in foster care automatic assignment of10
rights to child support. When a child
OR YOUTH is placed in foster care11
pursuant to article 5 of this title
TITLE 26 or Title IV-E of the federal12
"Social Security Act", as amended, all rights to current and accrued child13
support for the benefit of the child
OR YOUTH are assigned by operation14
of law to the state department. I
F A COUNTY DEPARTMENT THAT DELIVERS15
CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL IS APPROPRIATE16
IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE BOARD , A17
DELEGATE CHILD SUPPORT ENFORCEMENT UNIT MAY ENFORCE A CHILD18
SUPPORT OBLIGATION WHEN RIGHTS ARE ASSIGNED PURSUANT TO THIS19
SECTION. When placement has terminated, the assignment of rights to20
accrued
child support shall remain THAT ACCRUED DURING THE CHILD 'S21
OR YOUTH'S FOSTER CARE PLACEMENT REMAINS in effect until foster care22
cost of care or maintenance costs have been reimbursed in full. Amounts23
collected pursuant to this section shall MUST be distributed to the federal24
government, the state, and the county proportionately according to each25
entity's contribution.26
SECTION 3. In Colorado Revised Statutes, 26-5-102, amend27
202
-3- (1)(a) as follows:1
26-5-102. Provision of child welfare services - system reform2
goals - out-of-home placements for children and youth with3
intellectual and developmental disabilities - reporting - rules -4
definition. (1) (a) The state department BOARD shall adopt rules to5
establish a program of child welfare services, administered by the state6
department or supervised by the state department and administered by the7
county departments, and, where applicable, in accordance with the8
conditions accompanying available federal funds for such purpose. The9
rules shall MUST establish a fee based upon the child support guidelines10
set forth in section 14-10-115 C.R.S., requiring those persons legally11
responsible for the child
OR YOUTH to pay for all, or a portion, of the12
services provided under this article. Notwithstanding the rules
13
establishing a fee for services provided under this article, when it serves14
the best interest of a child, a county department may exempt a family15
from responsibility for payment of fees for core services, as defined in16
rules promulgated by the state department PURSUANT TO THIS ARTICLE 517
WHEN A COUNTY DEPARTMENT THAT DELIVERS CHILD WELFARE SERVICES18
DETERMINES THAT A REFERRAL IS APPROPRIATE IN ACCORDANCE WITH19
RULES PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES . The20
state department BOARD is authorized to promulgate rules to implement21
the provisions of this article ARTICLE 5 relating to the allocation of funds22
to counties for the delivery of child welfare services.23
SECTION 4. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
202
-4- the support and maintenance of the departments of the state and state1
institutions.2
202
-5-