SENATE BILL 24-202
BY SENATOR(S) Fields, Buckner, Coleman, Cutter, Exum, Ginal,
Gonzales, Marchman, Michaelson Jenet, Priola;
also REPRESENTATIVE(S) Joseph and Epps, Amabile, Bacon,
Boesenecker, Bradley, Duran, English, Froelich, Garcia, Hamrick,
Hernandez, Herod, Jodeh, Lieder, Lindsay, Lukens, Ortiz, Parenti, Ricks,
Rutinel, Story, Woodrow, Young, McCluskie
.
C
ONCERNING A PARENT'S FINANCIAL OBLIGATION TO COVER COSTS OF A
CHILD IN OUT
-OF-HOME PLACEMENT.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-1-115, amend
(4)(d)(I) as follows:
19-1-115. Legal custody - guardianship - placement out of the
home - petition for review for need of placement - rules. (4) (d) (I) AWHEN A decree IS ENTERED vesting legal custody of a child OR YOUTH or
providing for placement of a child
OR YOUTH with an agency in which
public money is expended must be accompanied by an order of the courtthat obligates the parent of the child to pay AND A COUNTY DEPARTMENT
THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL
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. IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
BOARD OF HUMAN SERVICES
, A DELEGATE CHILD SUPPORT ENFORCEMENT
UNIT MAY CHARGE THE PARENT OF THE CHILD OR YOUTH
a fee based on the
parent's ability to pay to cover the costs of the guardian ad litem and of
providing for residential care of the child
OR YOUTH. When custody of the
child
OR YOUTH is given to the county department, of human or social
services, the fee for residential care must be in accordance with the fee
requirements as provided by rule of the state department BOARD of human
services, and the fee applies, to the extent unpaid, to the entire period of
placement. When a child
OR YOUTH is committed to the state department of
human services, the fee for care and treatment must be in accordance with
the fee requirements as
provided by rule of the state department BOARD of
human services, and the fee applies, to the extent unpaid, to the entire
period of placement.
SECTION 2. In Colorado Revised Statutes, amend 26-13-113 as
follows:
26-13-113. Placement in foster care automatic assignment of
rights to child support. When a child
OR YOUTH is placed in foster care
pursuant to article 5 of this title
TITLE 26 or Title IV-E of the federal "Social
Security Act", as amended, all rights to current and accrued child support
for the benefit of the child
OR YOUTH are assigned by operation of law to the
state department. I
F A COUNTY DEPARTMENT THAT DELIVERS CHILD
WELFARE SERVICES DETERMINES THAT A REFERRAL IS APPROPRIATE IN
ACCORDANCE WITH RULES PROMULGATED BY THE STATE BOARD
, A
DELEGATE CHILD SUPPORT ENFORCEMENT UNIT MAY ENFORCE A CHILD
SUPPORT OBLIGATION WHEN RIGHTS ARE ASSIGNED PURSUANT TO THIS
SECTION
. When placement has terminated, the assignment of rights to
accrued
child support shall remain THAT ACCRUED DURING THE CHILD 'S OR
YOUTH
'S FOSTER CARE PLACEMENT REMAINS in effect until foster care cost
of care or maintenance costs have been reimbursed in full. Amounts
collected pursuant to this section shall
MUST be distributed to the federal
government, the state, and the county proportionately according to each
entity's contribution.
SECTION 3. In Colorado Revised Statutes, 26-5-102, amend (1)(a)
as follows:
26-5-102. Provision of child welfare services - system reform
PAGE 2-SENATE BILL 24-202 goals - out-of-home placements for children and youth with intellectual
and developmental disabilities - reporting - rules - definition.
(1) (a) The state department BOARD shall adopt rules to establish a program
of child welfare services, administered by the state department or
supervised by the state department and administered by the county
departments, and, where applicable, in accordance with the conditions
accompanying available federal funds for such purpose. The rules shall
MUST establish a fee based upon the child support guidelines set forth in
section 14-10-115 C.R.S., requiring those persons legally responsible for
the child
OR YOUTH to pay for all, or a portion, of the services provided
under this article. Notwithstanding the rules establishing a fee for servicesprovided under this article, when it serves the best interest of a child, a
county department may exempt a family from responsibility for payment of
fees for core services, as defined in rules promulgated by the state
department PURSUANT TO THIS ARTICLE 5 WHEN A COUNTY DEPARTMENT
THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL
IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
BOARD OF HUMAN SERVICES
. The state department
BOARD is authorized to
promulgate rules to implement the provisions of this article ARTICLE 5
relating to the allocation of funds to counties for the delivery of child
welfare services.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-SENATE BILL 24-202 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 4-SENATE BILL 24-202