First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0806.01 Alana Rosen x2606
HOUSE BILL 25-1200
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO THE OFFICE OF THE CHILD101
PROTECTION OMBUDSMAN .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
.)
The bill reorganizes and updates statutes pertaining to the duties
of the office of the child protection ombudsman (office) and the child
protection ombudsman (ombudsman).
The bill:
! Clarifies when the ombudsman may receive and conduct an
independent and impartial investigation of complaints
HOUSE SPONSORSHIP
Feret,
SENATE SPONSORSHIP
Cutter,
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. concerning child protection services;
! Reorganizes statutes that pertain to when an ombudsman
investigates a complaint;
! Reorganizes statutes that pertain to the ombudsman's
duties;
! Reorganizes and creates a new provision that pertains to
the office's access to information necessary to conduct an
independent review of a complaint;
! Reorganizes and creates a new provision focused on the
office's and ombudsman's duty to confidentiality; and
! Provides the office access to residential child care facilities
and facilities established and operated by the department of
human services (facilities). The office may only access
facilities in coordination with the facility directors in
response to a request from a child or youth residing in the
facility; in response to a request from a child's or youth's
family member, caregiver, or other concerned individual;
or to distribute materials created by the office informing
children or youth on how to access the office, the office's
services, and how to file a complaint with the office.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 19-3.3-101.5 as2
follows:3
19-3.3-101.5. Definitions. A
S USED IN THIS ARTICLE 3.3, UNLESS4
THE CONTEXT OTHERWISE REQUIRES :5
(1) "C
OMPLAINT" MEANS A REPORT OR COMPLAINT RELATING TO6
AN ACTION, INACTION, OR DECISION OF A PUBLIC AGENCY OR A PROVIDER7
THAT RECEIVES PUBLIC MONEY THAT MAY ADVERSELY AFFECT THE8
SAFETY, PERMANENCY, OR WELL-BEING OF A CHILD OR YOUTH.9
(2) "F
ACILITY" MEANS A FACILITY ESTABLISHED AND OPERATED BY10
THE STATE DEPARTMENT PURSUANT TO SECTION 19-2.5-1502.11
(3) "O
FFICE" MEANS THE OFFICE OF THE CHILD PROTECTION12
OMBUDSMAN ESTABLISHED IN SECTION 19-3.3-102.13
(4) "O
MBUDSMAN" MEANS THE DIRECTOR OF THE OFFICE AND A14
HB25-1200-2- PERSON APPOINTED TO SERVE AS THE CHILD PROTECTION OMBUDSMAN .1
(5) "S
TATE-LICENSED RESIDENTIAL CHILD CARE FACILITY" HAS THE2
SAME MEANING AS SET FORTH IN SECTION 26-6-903.3
SECTION 2. In Colorado Revised Statutes, 19-3.3-102, amend4
(1)(a) and (3)(a)(I) as follows:5
19-3.3-102. Office of the child protection ombudsman6
established - child protection ombudsman advisory board -7
qualifications of ombudsman - duties. (1) (a) The independent office8
of the child protection ombudsman referred to in this article 3.3 as the
9
"office", is established in the judicial department as an independent10
agency for the purpose of ensuring the greatest protections for the11
children of Colorado.12
(3) The board has the following duties and responsibilities:13
(a) To oversee the following personnel decisions related to the14
ombudsman:15
(I) To appoint a person to serve as the child protection16
ombudsman and director of the office. referred to in this article 3.3 as the17
"ombudsman". The board may also discharge an acting ombudsman for18
cause. A two-thirds majority vote is required to hire or discharge the19
ombudsman. The general assembly shall set the ombudsman's20
compensation, and such compensation may not be reduced during the21
term of the ombudsman's appointment.22
SECTION 3. In Colorado Revised Statutes, amend 19-3.3-10323
as follows:24
19-3.3-103. Office of the child protection ombudsman - duties25
- access to information - confidentiality - testimony - judicial review26
- definitions. (1) The ombudsman has the following duties, at a27
HB25-1200
-3- minimum:1
(a) (I) (A) To receive complaints concerning child protection2
services. For the purposes of this section, "complaint" means any report3
or complaint made by or on behalf of a child relating to any action,4
inaction, or decision of any public agency or any provider that receives5
public money that may adversely affect the safety, permanency, or6
well-being of the child. The ombudsman may, independently and7
impartially, investigate a complaint, which may include complaints about8
an incident of egregious abuse or neglect or near fatality, as described in9
section 26-1-139, or fatality of a child, as described in part 20.5 of title 2510
and section 26-1-139. The ombudsman may seek resolution of a11
complaint, which may include but need not be limited to referring a12
complaint to the state department or appropriate agency or entity and13
making a recommendation for action relating to a complaint.14
(B) The ombudsman shall treat all complaints received pursuant15
to subsection (1)(a)(I)(A) of this section as confidential, including the16
identities of complainants and individuals from whom information is17
acquired; except that disclosures may be permitted if the ombudsman18
deems it necessary to enable the ombudsman to perform the ombudsman's19
duties and to support any recommendations resulting from an20
investigation. Records relating to complaints received by the office and21
the investigation of complaints are exempt from public disclosure22
pursuant to article 72 of title 24.23
(C) The ombudsman and any employee or person acting on behalf24
of the ombudsman shall not be compelled to provide oral and written25
testimony in a civil or criminal proceeding in which the ombudsman is26
not a legal party. Information, records, or documents requested and27
HB25-1200
-4- reviewed by the ombudsman pursuant to this section are not subject to a1
subpoena issued to the ombudsman, discovery from the ombudsman, or2
introduction into evidence through the ombudsman in a civil or criminal3
proceeding in which the ombudsman is not a legal party. Nothing in this4
subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a5
civil or criminal action evidence that is discoverable independent of the6
proceedings of the ombudsman.7
(II) (A) In investigating a complaint, the ombudsman has the8
authority to request, access, and review any information, records, or9
documents, including records of third parties, that the ombudsman deems10
necessary to conduct a thorough and independent review of a complaint11
so long as either the state department or a county department would be12
entitled to access or receive such information, records, or documents.13
(B) In the course of investigating a complaint pursuant to14
subsection (1)(a)(I)(A) of this section that is related to a child fatality,15
near fatality, or incident of egregious abuse or neglect against a child, as16
defined in section 26-1-139 (2), upon request, the state department of17
human services' child fatality review team, pursuant to section 26-1-13918
(5)(e), shall provide the ombudsman the final confidential, case-specific19
review report.20
(C) In the course of investigating a complaint pursuant to21
subsection (1)(a)(I)(A) of this section that is related to a child fatality,22
upon request, the department of public health and environment's child23
fatality prevention review team, pursuant to section 25-20.5-405, shall24
provide the ombudsman with the nonidentifying case review findings and25
recommendations.26
(D) The ombudsman must have access to all information, records,27
HB25-1200
-5- or documents described in subsection (1)(a)(II)(A) of this section created1
in an investigation of an event or incident described in subsection2
(1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the3
state from any entity, including but not limited to a coroner's office, law4
enforcement agency, hospital, court, the office of state registrar of vital5
statistics described in section 25-2-103, and a state-licensed out-of-home6
placement provider, as defined in section 26-5-104.7
(E) The ombudsman shall request, review, and receive copies of8
records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and9
(1)(a)(II)(C) of this section without cost if electronic records are not10
available.11
(F) Nothing in the provisions of subsection (1)(a)(II)(A),12
(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the13
ombudsman for purposes of investigating a complaint pursuant to14
subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section.15
(III) The ombudsman shall refer any complaints relating to the16
judicial department and judicial proceedings, including but not limited to17
complaints concerning the conduct of judicial officers or attorneys of18
record, judicial determinations, and court processes and procedures to the19
appropriate entity or agency within the judicial department.20
(a) T
O RECEIVE AND CONDUCT AN INDEPENDENT AND IMPARTIAL21
INVESTIGATION OF COMPLAINTS CONCERNING CHILD PROTECTION22
SERVICES, INCLUDING:23
(I) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD ;24
(II) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD 'S OR25
YOUTH'S FAMILY, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ;26
(III) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD OR YOUTH27
HB25-1200
-6- PURSUANT TO SECTIONS 19-2.5-1502.5 (4)(c), 19-3-211 (5)(a), AND1
19-7-101 (2)(c)(II);2
(IV) C
OMPLAINTS ABOUT AN INCIDENT OF EGREGIOUS ABUSE OR3
NEGLECT; NEAR FATALITY, AS DESCRIBED IN SECTION 26-1-139; OR A4
FATALITY OF A CHILD, AS DESCRIBED IN PART 20.5 OF TITLE 25 AND5
SECTION 26-1-139;6
(V) C
OMPLAINTS CONCERNING SYSTEMIC ISSUES , INCLUDING, BUT7
NOT LIMITED TO , STATUTORY, BUDGETARY, REGULATORY, AND8
ADMINISTRATIVE ISSUES AFFECTING THE SAFETY OF AND OUTCOMES FOR9
CHILDREN, YOUTH, AND FAMILIES RECEIVING CHILD PROTECTION SERVICES10
IN COLORADO; AND11
(VI) C
OMPLAINTS RAISED BY MEMBERS OF THE COMMUNITY12
RELATING TO CHILD PROTECTION POLICIES OR PROCEDURES .13
(a.5)
(b) (I) Notwithstanding any provision of this section to the14
contrary, the ombudsman may self-initiate an independent and impartial15
investigation and ongoing review of the safety and well-being of an16
unaccompanied immigrant child who lives in a state-licensed residential17
child care facility, as defined in section 26-6-903, and who is in the18
custody of the office of refugee resettlement of the federal department of19
health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The20
ombudsman may seek resolution of such investigation and ongoing21
review, which may include, but need not be limited to, referring an22
investigation and ongoing review to the state department or appropriate23
agency or entity and making a recommendation for action relating to an24
investigation and ongoing review.25
(II) (A) In self-initiating an investigation and ongoing review of26
the safety and well-being of an unaccompanied immigrant child who lives27
HB25-1200
-7- in a state-licensed residential child care facility, the ombudsman has the1
authority to request, review, and receive copies of any information,2
records, or documents, including records of third parties, that the3
ombudsman deems necessary to conduct a thorough and independent4
investigation and ongoing review as described in subsection (1)(a.5)(I)5
SUBSECTION (1)(b)(I) of this section, without cost to the ombudsman.6
(B) A state-licensed residential child care facility shall notify the7
ombudsman and the state department within three days after the arrival8
of an EACH unaccompanied immigrant child.9
(C) The ombudsman may create and distribute outreach materials10
to a state-licensed residential child care facility and to individuals who11
may have regular contact with an unaccompanied immigrant child.12
(III) As used in this subsection (1)(a.5) SUBSECTION (1)(b),13
"unaccompanied immigrant child" means a child under the age of14
eighteen years, without lawful immigration status in the United States,15
who has been designated an unaccompanied child and transferred to the16
custody of the office of refugee resettlement of the federal department of17
health and human services pursuant to federal law.18
(b) To evaluate and make a recommendation to the executive19
director and any appropriate agency or entity for the creation of a20
statewide grievance policy that is accessible by children and families21
within the child protection system and that is transparent and accountable;22
(2) (a) I
N INVESTIGATING A COMPLAINT DESCRIBED IN SUBSECTION23
(1)(a)
OF THIS SECTION, THE OMBUDSMAN SHALL:24
(I) R
EQUEST, ACCESS, AND REVIEW ANY INFORMATION ,25
DOCUMENTS, OR RECORDS, INCLUDING RECORDS OF THIRD PARTIES, THE26
OMBUDSMAN DEEMS NECESSARY TO CONDUCT AN INDEPENDENT AND27
HB25-1200
-8- IMPARTIAL INVESTIGATION OF COMPLAINTS PURSUANT TO SECTION1
19-3.3-103.4;2
(II) S
EEK RESOLUTION OF A COMPLAINT, WHICH MAY INCLUDE, BUT3
IS NOT LIMITED TO, REFERRING A COMPLAINT TO THE STATE DEPARTMENT4
OR APPROPRIATE AGENCY OR ENTITY AND MAKING A RECOMMENDATION5
FOR ACTION RELATING TO A COMPLAINT ; AND6
(III) R
EFER ANY COMPLAINTS RELATING TO THE JUDICIAL7
DEPARTMENT AND JUDICIAL PROCEEDINGS , INCLUDING, BUT NOT LIMITED8
TO, COMPLAINTS CONCERNING THE CONDUCT OF JUDICIAL OFFICERS OR9
ATTORNEYS OF RECORD , JUDICIAL DETERMINATIONS , AND COURT10
PROCESSES AND PROCEDURES , TO THE APPROPRIATE AGENCY OR ENTITY .11
N
OTHING IN THIS SECTION GRANTS THE OFFICE THE AUTHORITY TO ACCESS12
INFORMATION, RECORDS, OR DOCUMENTS TO INVESTIGATE A COMPLAINT13
MADE IN REGARDS TO THE PROVISION OF LEGAL SERVICES BY AN14
INDEPENDENT JUDICIAL AGENCY OR ITS CONTRACTORS .15
(b) T
HE OMBUDSMAN MAY DECLINE TO INVESTIGATE A COMPLAINT16
OR CONTINUE AN INVESTIGATION . IF THE OMBUDSMAN DECLINES TO17
INVESTIGATE A COMPLAINT OR CONTINUE AN INVESTIGATION , THE OFFICE18
SHALL NOTIFY THE COMPLAINANT OF THE DECISION AND THE REASON FOR19
THE OMBUDSMAN'S ACTIONS.20
(3) I
N ADDITION TO THE DUTIES DESCRIBED IN SUBSECTION (1)(a)21
OF THIS SECTION, THE OMBUDSMAN HAS THE FOLLOWING DUTIES :22
(c)
(a) To report, as required by the provisions of section23
19-3.3-108, concerning the actions of the ombudsman related to the goals24
and duties of the office;25
(d) (b) To review the memorandum of understanding between the26
office and the judicial department and renegotiate such memorandum of27
HB25-1200
-9- understanding at any time as the office and the judicial department1
mutually deem appropriate;2
(e) (c) To act on behalf of the office and serve as signator for the3
office;4
(f) (d) To ensure accountability and consistency in the operating5
policies and procedures, including reasonable rules to administer the6
provisions of this article ARTICLE 3.3 and any other standards of conduct7
and reporting requirements as provided by law; and8
(g) (e) To serve or designate a person to serve on the youth9
restraint and seclusion working group pursuant to section 26-20-11010
(1)(i);11
(2) The ombudsman has the following powers, at a minimum:12
(a) To review issues raised by members of the community relating13
to child protection policies or procedures and make recommendations to14
the appropriate agency or entity concerning those issues;15
(b) (f) To review and evaluate the effectiveness and efficiency of16
any existing grievance resolution mechanisms and to make17
recommendations to the general assembly, executive director, and any18
appropriate agency or entity for the improvement of the grievance19
resolution mechanisms;20
(c) (g) To help educate the public concerning ISSUES AND21
RECOMMENDATIONS THE OMBUDSMAN IDENTIFIES , INCLUDING ON child22
maltreatment and the role of the community in strengthening families and23
keeping children safe;24
(d) (h) To promote best practices and effective programs relating25
to a publicly funded child protection system and to work collaboratively26
with county departments, when appropriate, regarding improvement of27
HB25-1200
-10- processes; AND1
(e) (i) To recommend to the general assembly, the executive2
director, and any appropriate agency or entity statutory, budgetary,3
regulatory, and administrative changes, including systemic changes, to4
improve the safety of and promote better outcomes for children and5
families receiving child protection services in Colorado.6
R
ECOMMENDATIONS MAY ADDRESS ISSUES THE OMBUDSMAN IDENTIFIES7
DURING THE COURSE OF AN INVESTIGATION OF COMPLAINTS , AS DESCRIBED8
IN SUBSECTION (1)(a) OF THIS SECTION. THE OMBUDSMAN 'S9
RECOMMENDATIONS ARE SUBJECT TO PUBLIC DISCLOSURE PURSUANT TO10
ARTICLE 72 OF TITLE 24. and
11
(f) To request, access, and review information, records, or12
documents received pursuant to subsection (1)(a)(II) of this section.13
(3) The ombudsman, employees of the office, and any persons14
acting on behalf of the office shall comply with all state and federal15
confidentiality laws that govern the department of early childhood, the16
state department, or a county department with respect to the treatment of17
confidential information or records and the disclosure of such information18
and records.19
(4) Nothing in this article shall be construed to direct or authorize20
ARTICLE 3.3 DIRECTS OR AUTHORIZES the ombudsman to intervene in any21
criminal or civil judicial proceeding or to interfere in a criminal22
investigation.23
(5) In the performance of the ombudsman's duties, the24
ombudsman shall act independently of
ANY PUBLIC AGENCY OR PROVIDER25
THAT RECEIVES PUBLIC MONEY AND THAT MAY ADVERSELY AFFECT THE26
SAFETY, PERMANENCY, OR WELL-BEING OF A CHILD OR YOUTH, INCLUDING27
HB25-1200
-11- the division within the department of early childhood that is responsible1
for child care, of the divisions within the state department that are2
responsible for child welfare or youth services, of the county departments3
of human or social services, and of all judicial AND INDEPENDENT4
agencies. including, but not limited to, the office of the child's5
representative, the office of the respondent parents' counsel, the office of6
state public defender, the office of alternate defense counsel, and the7
office of attorney regulation counsel. Any recommendations made by the8
ombudsman or positions taken by the ombudsman do not reflect those of9
ANY PUBLIC AGENCY, INCLUDING the department of early childhood, state10
department, judicial department
AND INDEPENDENT AGENCIES, or county11
departments of human or social services.12
SECTION 4. In Colorado Revised Statutes, add with amended13
and relocated provisions 19-3.3-103.4 and 19-3.3-103.5 as follows:14
19-3.3-103.4. Office of the child protection ombudsman -15
access to information. (1) (a) [Formerly 19-3.3-103 (1)(a)(II)(A)] In16
investigating a complaint, the ombudsman
OFFICE has the authority to17
request, access, and review any information, records, or documents,18
including records of third parties, that the ombudsman OFFICE deems19
necessary to conduct a thorough and independent review of a complaint20
so long as OR EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a). IN THE21
INVESTIGATION OF A COMPLAINT OR EVENT DESCRIBED IN SECTION22
19-3.3-103 (1)(a)
THAT OCCURS IN THE STATE, THE OFFICE MUST HAVE23
ACCESS TO INFORMATION, RECORDS, OR DOCUMENTS THAT either the state24
department or a county department would be entitled to access or receive.25
such information, records, or documents.
26
(b) [Formerly 19-3.3-103 (1)(a)(II)(D)] The ombudsman OFFICE27
HB25-1200
-12- must have access to all information, records, or documents described in1
subsection (1)(a)(II)(A) of this section created in an investigation of an2
event or incident described in subsection (1)(a)(II)(A), (1)(a)(II)(B), or3
(1)(a)(II)(C) of this section THAT THE OFFICE DEEMS NECESSARY TO4
CONDUCT A THOROUGH AND INDEPENDENT REVIEW OF A COMPLAINT OR5
EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a) occurring in the state6
from any entity, including, but not limited to, a coroner's office, law7
enforcement agency, hospital, court, the office of state registrar of vital8
statistics described in section 25-2-103, and a state-licensed out-of-home9
placement provider, as defined in section 26-5-104.10
(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of11
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this12
section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child13
fatality, near fatality, or incident of egregious abuse or neglect against a14
child, as defined in section 26-1-139 (2), upon request, the state15
department of human services' child fatality review team, pursuant to16
section 26-1-139 (5)(e), shall provide the ombudsman OFFICE the final17
confidential, case-specific review report.18
(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of19
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this20
section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child21
fatality, upon request, the department of public health and environment's22
child fatality prevention review team, pursuant to section 25-20.5-405,23
shall provide the ombudsman OFFICE with the nonidentifying case review24
findings and recommendations.25
(2) (a) T
HE STATE DEPARTMENT SHALL ENSURE THE OFFICE HAS26
UNRESTRICTED ACCESS TO TRAILS, AS DEFINED IN SECTION 26-5-118.27
HB25-1200
-13- (b) THE STATE DEPARTMENT SHALL ENSURE THE OFFICE HAS1
ACCESS TO THE CHILD WELFARE TRAINING ACADEMY ESTABLISHED IN2
SECTION 26-5-109.3
(3) [Formerly 19-3.3-103 (1)(a)(II)(E)] The ombudsman OFFICE4
shall request, review, and receive copies of records as described in5
subsections (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) SUBSECTION (1)6
of this section without cost if electronic records are not available.7
(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions8
of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section9
grants subpoena power to the ombudsman,
EMPLOYEES OF THE OFFICE,10
AND ANY OTHER PERSON ACTING ON BEHALF OF THE OFFICE for purposes11
of investigating a complaint pursuant to subsection (1)(a)(II)(A),
12
(1)(a)(II)(B), or (1)(a)(II)(C) of this section DESCRIBED IN SECTION13
19-3.3-103 (1)(a).14
19-3.3-103.5. Office of the child protection ombudsman -15
confidentiality. (1) T
HE OMBUDSMAN, EMPLOYEES OF THE OFFICE, AND16
ANY PERSON ACTING ON BEHALF OF THE OFFICE SHALL COMPLY WITH ALL17
STATE AND FEDERAL CONFIDENTIALITY LAWS THAT GOVERN THE18
DEPARTMENT OF EARLY CHILDHOOD , THE STATE DEPARTMENT , OR A19
COUNTY DEPARTMENT WITH RESPECT TO THE TREATMENT OF20
CONFIDENTIAL INFORMATION OR RECORDS AND THE DISCLOSURE OF SUCH21
INFORMATION AND RECORDS .22
(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman
23
OFFICE shall treat all complaints received pursuant to subsection24
(1)(a)(I)(A) of this section SECTION 19-3.3-103 (1)(a) as confidential,25
including the identities of complainants and individuals from whom26
information is acquired; except that disclosures may be permitted if the27
HB25-1200
-14- ombudsman deems it necessary to enable the ombudsman to perform the1
ombudsman's duties and to support any recommendations resulting from2
an investigation. Records relating to complaints received by the office3
and the investigation of complaints are exempt from public disclosure4
pursuant to article 72 of title 24.5
(b) R
ECORDS RELATING TO COMPLAINTS RECEIVED BY THE OFFICE6
AND THE INVESTIGATION OF COMPLAINTS ARE EXEMPT FROM PUBLIC7
DISCLOSURE PURSUANT TO ARTICLE 72 OF TITLE 24.8
(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any9
employee or person acting on behalf of the ombudsman shall not be10
compelled to provide oral and written testimony in a civil or criminal11
proceeding in which the ombudsman is not a legal party. Information,12
records, or documents requested and reviewed by the ombudsman13
pursuant to this section are not subject to a subpoena issued to the14
ombudsman, discovery from the ombudsman, or introduction into15
evidence through the ombudsman in a civil or criminal proceeding in16
which the ombudsman is not a legal party. Nothing in this subsection
17
(1)(a)(I)(C) SUBSECTION (2)(a) restricts or limits the right to discover or18
use in a civil or criminal action evidence that is discoverable independent19
of the proceedings of the ombudsman.20
SECTION 5. In Colorado Revised Statutes, add 19-3.3-112 as21
follows:22
19-3.3-112. Office of the child protection ombudsman - access23
to state-licensed residential child care facilities and facilities -24
education of children and youth in state-licensed residential child25
care facilities and facilities. (1) (a) A
STATE-LICENSED RESIDENTIAL26
CHILD CARE FACILITY AND A FACILITY SHALL PROVIDE PHYSICAL ACCESS27
HB25-1200
-15- TO ITS FACILITY PURSUANT TO THIS SUBSECTION (1)(a). THE OFFICE MAY1
ONLY ACCESS A STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR2
A FACILITY IN COORDINATION WITH THE FACILITY DIRECTORS :3
(I) I
N RESPONSE TO A REQUEST FROM A CHILD OR YOUTH RESIDING4
IN THE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR FACILITY ;5
(II) I
N RESPONSE TO A REQUEST FROM A CHILD 'S OR YOUTH'S6
FAMILY MEMBER, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ; OR7
(III) T
O DISTRIBUTE MATERIALS PURSUANT TO SUBSECTION (2)(a)8
OF THIS SECTION.9
(b) A
STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR10
FACILITY SHALL NOT DENY THE OFFICE ACCESS TO THE STATE -LICENSED11
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO CARRY OUT THE12
OFFICE'S DUTIES AS DESCRIBED IN THIS SECTION OR SECTION 19-3.3-103.13
(c) D
EPENDENT UPON AVAILABLE RESOURCES AND AT THE14
DISCRETION OF THE OMBUDSMAN , THE OFFICE MAY MEET WITH THE CHILD15
OR YOUTH VIA A CONFIDENTIAL, VIRTUAL MEETING.16
(d) U
PON A CHILD'S OR YOUTH'S REQUEST, THE STATE-LICENSED17
RESIDENTIAL CHILD CARE FACILITY OR FACILITY SHALL PROVIDE A PRIVATE18
AND CONFIDENTIAL SPACE FOR THE CHILD OR YOUTH TO MEET WITH THE19
OMBUDSMAN, AN OFFICE EMPLOYEE, OR A PERSON ACTING ON BEHALF OF20
THE OMBUDSMAN.21
(e) T
HE OMBUDSMAN, AN EMPLOYEE OF THE OFFICE, OR A PERSON22
ACTING ON BEHALF OF THE OMBUDSMAN IS SUBJECT TO THE PROTOCOL23
AND POLICIES OF EACH STATE -LICENSED RESIDENTIAL CHILD CARE24
FACILITY AND FACILITY.25
(2) (a) T
HE OFFICE SHALL CREATE AND DISTRIBUTE OUTREACH26
MATERIALS TO STATE-LICENSED RESIDENTIAL CHILD CARE FACILITIES AND27
HB25-1200
-16- FACILITIES. THE MATERIALS MUST CONTAIN INFORMATION ON HOW TO1
ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND HOW TO FILE A2
COMPLAINT WITH THE OFFICE.3
(b) E
ACH STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY AND4
FACILITY SHALL DISPLAY THE MATERIALS DESCRIBED IN SUBSECTION (2)(a)5
OF THIS SECTION IN A LOCATION VISIBLE TO CHILDREN OR YOUTH6
RECEIVING SERVICES FROM THE RESIDENTIAL CHILD CARE FACILITY OR7
FACILITY.8
(c) T
HE OFFICE SHALL SUPPLY THE MATERIALS DESCRIBED IN9
SUBSECTION (2)(a) OF THIS SECTION AT THE OFFICE'S EXPENSE. THE OFFICE10
SHALL PROVIDE UPDATES ON OUTREACH EFFORTS IN ITS ANNUAL REPORT11
DESCRIBED IN SECTION 19-3.3-108.12
(d) T
HE OFFICE SHALL COORDINATE WITH EACH STATE -LICENSED13
RESIDENTIAL CHILD CARE FACILITY AND FACILITY TO PROVIDE IN -PERSON14
EDUCATIONAL COURSES TO CHILDREN AND YOUTH RESIDING IN THE15
FACILITIES ON HOW TO ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND16
HOW TO FILE A COMPLAINT WITH THE OFFICE .17
(3) T
HE OFFICE AND EACH STATE-LICENSED RESIDENTIAL CHILD18
CARE FACILITY OR FACILITY SHALL OPERATE PURSUANT TO A19
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE AND EACH20
RESIDENTIAL CHILD CARE FACILITY OR FACILITY. THE MEMORANDUM OF21
UNDERSTANDING MUST , AT A MINIMUM, REQUIRE THAT:22
(a) T
HE OFFICE PROVIDES EACH STATE -LICENSED RESIDENTIAL23
CHILD CARE FACILITY OR FACILITY WITH NOTICE OF A CHILD'S OR YOUTH'S24
REQUEST TO VISIT WITH THE OMBUDSMAN WITHIN FORTY -EIGHT BUSINESS25
HOURS AFTER RECEIVING THE REQUEST ;26
(b) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR27
HB25-1200
-17- FACILITY PROVIDES THE OMBUDSMAN ACCESS TO A FACILITY AND A1
PRIVATE, CONFIDENTIAL SPACE TO MEET WITH A CHILD OR YOUTH WITHIN2
FIVE BUSINESS DAYS AFTER THE OFFICE RECEIVES THE CHILD'S OR YOUTH'S3
REQUEST TO MEET;4
(c) T
HE OFFICE PROVIDES THE STATE-LICENSED RESIDENTIAL CHILD5
CARE FACILITY OR FACILITY WITH NOTICE AT LEAST FIVE BUSINESS DAYS6
BEFORE THE OFFICE WOULD LIKE TO ENTER THE STATE -LICENSED7
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO DISTRIBUTE8
MATERIALS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION;9
(d) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR10
FACILITY PROVIDES THE OFFICE WITH PROOF THAT THE MATERIALS11
DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION ARE DISPLAYED IN A12
LOCATION VISIBLE TO CHILDREN OR YOUTH AS REQUIRED PURSUANT TO13
THIS SECTION; AND14
(e) C
ERTAIN PROCESSES OCCUR TO PROVIDE A CHILD OR YOUTH A15
CONFIDENTIAL, VIRTUAL MEETING TO MEET WITH THE OMBUDSMAN , AN16
EMPLOYEE OF THE OFFICE, OR A PERSON ACTING ON BEHALF OF THE OFFICE.17
(4) T
HIS SECTION DOES NOT GRANT THE OFFICE AUTHORITY TO18
CONDUCT ACTIVITIES DESCRIBED IN PART 9 OF ARTICLE 6 OF TITLE 26.19
SECTION 6. In Colorado Revised Statutes, 19-3.3-108, add20
(1)(d) as follows:21
19-3.3-108. Office of the child protection ombudsman - annual22
report. (1) On or before September 1 of each year, commencing with the23
September 1 following the first fiscal year in which the office was24
established, the ombudsman shall prepare a written report that must25
include, but need not be limited to, information from the preceding fiscal26
year and any recommendations concerning the following:27
HB25-1200
-18- (d) UPDATES ON OUTREACH EFFORTS TO STATE -LICENSED1
RESIDENTIAL CHILD CARE FACILITIES AND FACILITIES ESTABLISHED AND2
OPERATED BY THE DEPARTMENT OF HUMAN SERVICES AS DESCRIBED IN3
SECTION 19-3.3-112 (2)(c).4
SECTION 7. In Colorado Revised Statutes, 19-3.1-101, amend5
(3)(a) introductory portion as follows:6
19-3.1-101. Petition for dependency order for unaccompanied7
children or youth in federal custody - definition. (3) (a) The court8
shall schedule a hearing within thirty-five days after the petition is filed,9
unless a motion is made for a forthwith hearing because the child is10
approaching eighteen years of age or other emergent circumstances, in11
which case the court shall schedule the hearing within seven days. If the12
court finds the statements in the petition are supported by a13
preponderance of the evidence, the court shall declare the child dependent14
on the court. A child declared dependent pursuant to this section may be15
eligible for oversight and services by the office of the child protection16
ombudsman pursuant to section 19-3.3-103 (1)(a.5) AS DESCRIBED IN17
SECTION 19-3.3-103 (1)(b). Upon request, the court may also issue an18
order establishing the child's eligibility for classification as a special19
immigrant juvenile under federal law, including:20
SECTION 8. In Colorado Revised Statutes, 25-20.5-405, amend21
(2)(d) as follows:22
25-20.5-405. Local review teams - duties - authority. (2) With23
respect to each child fatality reviewed, the local or regional review team24
shall:25
(d) Report case review findings, as appropriate, to public and26
private agencies that have responsibilities for children, including the27
HB25-1200
-19- office of the child protection ombudsman pursuant to section AS1
DESCRIBED IN SECTIONS 19-3.3-103 AND 19-3.3-103.4, and make2
prevention recommendations to these agencies that may help to reduce the3
number of child fatalities;4
SECTION 9. In Colorado Revised Statutes, 25-20.5-408, amend5
(2)(c)(I) as follows:6
25-20.5-408. Access to records. (2) Public access to records7
and information. (c) Release of information. (I) Members of the state8
review team, members of the local or regional review teams, a person9
who attends a review team meeting, and a person who presents10
information to a review team may release information to governmental11
agencies as necessary to fulfill the requirements of this part 4, including12
section 25-20.5-405 (2)(d) and section 19-3.3-103 (1)(a)(II)(D) SECTION13
19-3.3-103.4 (1)(b).14
SECTION 10. In Colorado Revised Statutes, 26-1-139, amend15
(5)(e) as follows:16
26-1-139. Child fatality and near fatality prevention - process17
- department of human services child fatality review team - reporting18
- rules - legislative declaration - definitions. (5) (e) The team shall19
provide the final confidential, case-specific review report to the executive20
director, the director for any county or community agency referenced in21
the report, the county board of human services of any county department22
with previous involvement, as defined in subsection (2)(c) of this section,23
the legislative members of the team appointed pursuant to subsection24
(6)(f) of this section, the department of public health and environment,25
and the office of the child protection ombudsman pursuant to section26
19-3.3-103 (1)(a)(II)(B) AS DESCRIBED IN SECTION 19-3.3-103.4 (1)(c)(I).27
HB25-1200
-20- SECTION 11. In Colorado Revised Statutes, 26-20-110, amend1
(1)(i) as follows:2
26-20-110. Youth restraint and seclusion working group -3
membership - purpose - repeal. (1) There is established within the4
division of youth services a youth restraint and seclusion working group,5
referred to in this section as the "working group". The working group6
consists of:7
(i) The child protection ombudsman or his or her THE CHILD8
PROTECTION OMBUDSMAN 'S designee pursuant to section 19-3.3-1039
(1)(g) AS DESCRIBED IN SECTION 19-3.3-103 (3)(e); and10
SECTION 12. In Colorado Revised Statutes, 27-50-108, amend11
(4)(c) as follows:12
27-50-108. Systemwide behavioral health grievance system.13
(4) On or before July 1, 2024, the BHA and state agencies shall execute14
formal data-sharing agreements addressing data sharing consistent with15
state and federal requirements, cooperation between the BHA and state16
agencies, and any other provisions necessary to implement this section.17
At a minimum, the BHA and the following entities shall execute such18
agreements:19
(c) The child protection ombudsman, appointed pursuant to20
section 19-3.3-103 SECTION 19-3.3-102 (3)(a)(I). All data released by the21
ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3)22
SECTION 19-3.3-103.5 (1) AND (2).23
SECTION 13. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
HB25-1200
-21- of the state constitution against this act or an item, section, or part of this1
act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2026 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
HB25-1200
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