Colorado 2024 Regular Session

Colorado Senate Bill SB202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0788.01 Anna Petrini x5497
1	8		SENATE BILL 24-202
2		-	BY SENATOR(S) Fields, Buckner, Coleman, Cutter, Exum, Ginal,
3		-	Gonzales, Marchman, Michaelson Jenet, Priola;
4		-	also REPRESENTATIVE(S) Joseph and Epps, Amabile, Bacon,
5		-	Boesenecker, Bradley, Duran, English, Froelich, Garcia, Hamrick,
6		-	Hernandez, Herod, Jodeh, Lieder, Lindsay, Lukens, Ortiz, Parenti, Ricks,
7		-	Rutinel, Story, Woodrow, Young, McCluskie
8		-	.
	9	+	Senate Committees House Committees
	10	+	Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING A PARENT'S FINANCIAL OBLIGATION TO COVER COSTS OF A
11		-	CHILD IN OUT
12		-	-OF-HOME PLACEMENT.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 19-1-115, amend
16		-	(4)(d)(I) as follows:
17		-	19-1-115. Legal custody - guardianship - placement out of the
18		-	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
	13	+	ONCERNING A PARENT'S FINANCIAL OBLIGATION TO COVER COSTS OF101
	14	+	A CHILD IN OUT-OF-HOME PLACEMENT .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current Colorado law requires that a decree providing for
	23	+	placement of a child with a public agency be accompanied by a court
	24	+	order that obligates the child's parent to pay a fee, based on the parent's
	25	+	ability to pay. The fee covers the costs of a guardian ad litem and of
	26	+	providing for residential care of the child. The bill removes the
	27	+	requirement for a court order obligating a child's parent to pay the fee for
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	May 4, 2024
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	May 3, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	April 24, 2024
	37	+	SENATE
	38	+	2nd Reading Unamended
	39	+	April 23, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Fields, Buckner, Coleman, Cutter, Exum, Ginal, Gonzales, Marchman, Michaelson Jenet,
	42	+	Priola
	43	+	HOUSE SPONSORSHIP
	44	+	Joseph and Epps, Amabile, Bacon, Boesenecker, Bradley, Duran, English, Froelich,
	45	+	Garcia, Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lukens, McCluskie, Ortiz,
	46	+	Parenti, Ricks, Rutinel, Story, Woodrow, Young
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. residential child care and guardian ad litem costs. Instead, the bill
	50	+	authorizes a delegate child support enforcement unit to impose a fee only
	51	+	when a county child welfare unit determines a referral is appropriate in
	52	+	accordance with rules promulgated by the state board of human services
	53	+	(state board). The bill removes the requirements that this fee be based on
	54	+	a parent's ability to pay and that the fee cover the cost of a guardian ad
	55	+	litem.
	56	+	Current Colorado law assigns child support by operation of law to
	57	+	the state department of human services to reimburse county, state, and
	58	+	federal out-of-home placement costs when a child is placed in foster care.
	59	+	The bill limits assignments to current, rather than previously accrued,
	60	+	child support obligations. The bill grants a delegate child support
	61	+	enforcement unit discretion to enforce a child support obligation when a
	62	+	county child welfare unit determines a referral is appropriate in
	63	+	accordance with rules promulgated by the state board.
	64	+	Be it enacted by the General Assembly of the State of Colorado:1
	65	+	SECTION 1. In Colorado Revised Statutes, 19-1-115, amend2
	66	+	(4)(d)(I) as follows:3
	67	+	19-1-115. Legal custody - guardianship - placement out of the4
	68	+	home - petition for review for need of placement - rules. (4) (d) (I) A
	69	+	5
	70	+	W
	71	+	HEN A decree IS ENTERED vesting legal custody of a child OR YOUTH or6
19	72		providing for placement of a child
20		-	OR YOUTH with an agency in which
21		-	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
22		-	THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
31		-	BOARD OF HUMAN SERVICES
32		-	, A DELEGATE CHILD SUPPORT ENFORCEMENT
33		-	UNIT MAY CHARGE THE PARENT OF THE CHILD OR YOUTH
34		-	a fee based on the
35		-	parent's ability to pay to cover the costs of the guardian ad litem and of
36		-	providing for residential care of the child
37		-	OR YOUTH. When custody of the
38		-	child
39		-	OR YOUTH is given to the county department, of human or social
40		-	services, the fee for residential care must be in accordance with the fee
41		-	requirements as provided by rule of the state department BOARD of human
42		-	services, and the fee applies, to the extent unpaid, to the entire period of
43		-	placement. When a child
44		-	OR YOUTH is committed to the state department of
45		-	human services, the fee for care and treatment must be in accordance with
46		-	the fee requirements as
47		-	provided by rule of the state department BOARD of
48		-	human services, and the fee applies, to the extent unpaid, to the entire
49		-	period of placement.
50		-	SECTION 2. In Colorado Revised Statutes, amend 26-13-113 as
51		-	follows:
52		-	26-13-113. Placement in foster care automatic assignment of
	73	+	OR YOUTH with an agency in which7
	74	+	public money is expended must be accompanied by an order of the court
	75	+	8
	76	+	that obligates the parent of the child to pay AND A COUNTY DEPARTMENT9
	77	+	THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL10
	78	+	IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE11
	79	+	STATE BOARD OF HUMAN SERVICES , A DELEGATE CHILD SUPPORT12
	80	+	ENFORCEMENT UNIT MAY CHARGE THE PARENT OF THE CHILD OR YOUTH13
	81	+	a fee based on the parent's ability to pay to cover the costs of the guardian14
	82	+	ad litem and of providing for residential care of the child OR YOUTH.15
	83	+	When custody of the child
	84	+	OR YOUTH is given to the county department,16
	85	+	of human or social services,
	86	+	the fee for residential care must be in17
	87	+	202-2- accordance with the fee requirements as provided by rule of the state1
	88	+	department BOARD of human services, and the fee applies, to the extent2
	89	+	unpaid, to the entire period of placement. When a child
	90	+	OR YOUTH is3
	91	+	committed to the state department of human services, the fee for care and4
	92	+	treatment must be in accordance with the fee requirements as
	93	+	provided by5
	94	+	rule of the state department BOARD of human services, and the fee6
	95	+	applies, to the extent unpaid, to the entire period of placement.7
	96	+	SECTION 2. In Colorado Revised Statutes, amend 26-13-113 as8
	97	+	follows:9
	98	+	26-13-113. Placement in foster care automatic assignment of10
53	99		rights to child support. When a child
54		-	OR YOUTH is placed in foster ~~care~~
	100	+	OR YOUTH is placed in foster care11
55	101		pursuant to article 5 of this title
56		-	TITLE 26 or Title IV-E of the federal "Social
57		-	Security Act", as amended, all rights to current and accrued child support
58		-	for the benefit of the child
59		-	OR YOUTH are assigned by operation of law to the
60		-	state department. I
61		-	F A COUNTY DEPARTMENT THAT DELIVERS CHILD
62		-	WELFARE SERVICES DETERMINES THAT A REFERRAL IS APPROPRIATE IN
63		-	ACCORDANCE WITH RULES PROMULGATED BY THE STATE BOARD
64		-	, A
65		-	DELEGATE CHILD SUPPORT ENFORCEMENT UNIT MAY ENFORCE A CHILD
66		-	SUPPORT OBLIGATION WHEN RIGHTS ARE ASSIGNED PURSUANT TO THIS
67		-	SECTION
68		-	. When placement has terminated, the assignment of rights to
	102	+	TITLE 26 or Title IV-E of the federal12
	103	+	"Social Security Act", as amended, all rights to current and accrued child13
	104	+	support for the benefit of the child
	105	+	OR YOUTH are assigned by operation14
	106	+	of law to the state department. I
	107	+	F A COUNTY DEPARTMENT THAT DELIVERS15
	108	+	CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL IS APPROPRIATE16
	109	+	IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE BOARD , A17
	110	+	DELEGATE CHILD SUPPORT ENFORCEMENT UNIT MAY ENFORCE A CHILD18
	111	+	SUPPORT OBLIGATION WHEN RIGHTS ARE ASSIGNED PURSUANT TO THIS19
	112	+	SECTION. When placement has terminated, the assignment of rights to20
69	113		accrued
70		-	child support shall remain THAT ACCRUED DURING THE CHILD 'S OR
71		-	YOUTH
72		-	'S FOSTER CARE PLACEMENT REMAINS in effect until foster care cost
73		-	of care or maintenance costs have been reimbursed in full. Amounts
74		-	collected pursuant to this section shall
75		-	MUST be distributed to the federal
76		-	government, the state, and the county proportionately according to each
77		-	entity's contribution.
78		-	SECTION 3. In Colorado Revised Statutes, 26-5-102, amend (1)(a)
79		-	as follows:
80		-	26-5-102. Provision of child welfare services - system reform
81		-	PAGE 2-SENATE BILL 24-202 goals - out-of-home placements for children and youth with intellectual
82		-	and developmental disabilities - reporting - rules - definition.
83		-	(1) (a) The state department BOARD shall adopt rules to establish a program
84		-	of child welfare services, administered by the state department or
85		-	supervised by the state department and administered by the county
86		-	departments, and, where applicable, in accordance with the conditions
87		-	accompanying available federal funds for such purpose. The rules shall
88		-	MUST establish a fee based upon the child support guidelines set forth in
89		-	section 14-10-115 C.R.S., requiring those persons legally responsible for
90		-	the child
91		-	OR YOUTH to pay for all, or a portion, of the services provided
92		-	under this article. Notwithstanding the rules establishing a fee for servicesprovided under this article, when it serves the best interest of a child, a
93		-	county department may exempt a family from responsibility for payment of
94		-	fees for core services, as defined in rules promulgated by the state
95		-	department PURSUANT TO THIS ARTICLE 5 WHEN A COUNTY DEPARTMENT
96		-	THAT DELIVERS CHILD WELFARE SERVICES DETERMINES THAT A REFERRAL
97		-	IS APPROPRIATE IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
98		-	BOARD OF HUMAN SERVICES
99		-	. The state department
100		-	BOARD is authorized to
101		-	promulgate rules to implement the provisions of this article ARTICLE 5
102		-	relating to the allocation of funds to counties for the delivery of child
103		-	welfare services.
104		-	SECTION 4. Safety clause. The general assembly finds,
105		-	determines, and declares that this act is necessary for the immediate
106		-	preservation of the public peace, health, or safety or for appropriations for
107		-	PAGE 3-SENATE BILL 24-202 the support and maintenance of the departments of the state and state
108		-	institutions.
109		-	____________________________ ____________________________
110		-	Steve Fenberg
111		-	Julie McCluskie
112		-	PRESIDENT OF SPEAKER OF THE HOUSE
113		-	THE SENATE OF REPRESENTATIVES
114		-	____________________________ ____________________________
115		-	Cindi L. Markwell Robin Jones
116		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
117		-	THE SENATE OF REPRESENTATIVES
118		-	APPROVED________________________________________
119		-	(Date and Time)
120		-	_________________________________________
121		-	Jared S. Polis
122		-	GOVERNOR OF THE STATE OF COLORADO
123		-	PAGE 4-SENATE BILL 24-202
	114	+	child support shall remain THAT ACCRUED DURING THE CHILD 'S21
	115	+	OR YOUTH'S FOSTER CARE PLACEMENT REMAINS in effect until foster care22
	116	+	cost of care or maintenance costs have been reimbursed in full. Amounts23
	117	+	collected pursuant to this section shall MUST be distributed to the federal24
	118	+	government, the state, and the county proportionately according to each25
	119	+	entity's contribution.26
	120	+	SECTION 3. In Colorado Revised Statutes, 26-5-102, amend27
	121	+	202
	122	+	-3- (1)(a) as follows:1
	123	+	26-5-102. Provision of child welfare services - system reform2
	124	+	goals - out-of-home placements for children and youth with3
	125	+	intellectual and developmental disabilities - reporting - rules -4
	126	+	definition. (1) (a) The state department BOARD shall adopt rules to5
	127	+	establish a program of child welfare services, administered by the state6
	128	+	department or supervised by the state department and administered by the7
	129	+	county departments, and, where applicable, in accordance with the8
	130	+	conditions accompanying available federal funds for such purpose. The9
	131	+	rules shall MUST establish a fee based upon the child support guidelines10
	132	+	set forth in section 14-10-115 C.R.S., requiring those persons legally11
	133	+	responsible for the child
	134	+	OR YOUTH to pay for all, or a portion, of the12
	135	+	services provided under this article. Notwithstanding the rules
	136	+	13
	137	+	establishing a fee for services provided under this article, when it serves14
	138	+	the best interest of a child, a county department may exempt a family15
	139	+	from responsibility for payment of fees for core services, as defined in16
	140	+	rules promulgated by the state department PURSUANT TO THIS ARTICLE 517
	141	+	WHEN A COUNTY DEPARTMENT THAT DELIVERS CHILD WELFARE SERVICES18
	142	+	DETERMINES THAT A REFERRAL IS APPROPRIATE IN ACCORDANCE WITH19
	143	+	RULES PROMULGATED BY THE STATE BOARD OF HUMAN SERVICES . The20
	144	+	state department BOARD is authorized to promulgate rules to implement21
	145	+	the provisions of this article ARTICLE 5 relating to the allocation of funds22
	146	+	to counties for the delivery of child welfare services.23
	147	+	SECTION 4. Safety clause. The general assembly finds,24
	148	+	determines, and declares that this act is necessary for the immediate25
	149	+	preservation of the public peace, health, or safety or for appropriations for26
	150	+	202
	151	+	-4- the support and maintenance of the departments of the state and state1
	152	+	institutions.2
	153	+	202
	154	+	-5-