First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 4, 2025
HOUSE SPONSORSHIP
Feret and Armagost,
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
1200-2- PERSON APPOINTED TO SERVE AS THE CHILD PROTECTION OMBUDSMAN .1
(5) "PERSONNEL FILES" HAS THE SAME MEANING AS SET FORTH IN2
SECTION 24-72-202.3
(6) "STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY" HAS THE4
SAME MEANING AS SET FORTH IN SECTION 26-6-903.5
(7) "WORK PRODUCT" HAS THE SAME MEANING AS SET FORTH IN6
SECTION 24-72-202.7
SECTION 2. In Colorado Revised Statutes, 19-3.3-102, amend8
(1)(a) and (3)(a)(I) as follows:9
19-3.3-102. Office of the child protection ombudsman10
established - child protection ombudsman advisory board -11
qualifications of ombudsman - duties. (1) (a) The independent office12
of the child protection ombudsman referred to in this article 3.3 as the13
"office", is established in the judicial department as an independent14
agency for the purpose of ensuring the greatest protections for the15
children of Colorado.16
(3) The board has the following duties and responsibilities:17
(a) To oversee the following personnel decisions related to the18
ombudsman:19
(I) To appoint a person to serve as the child protection20
ombudsman and director of the office. referred to in this article 3.3 as the21
"ombudsman". The board may also discharge an acting ombudsman for22
cause. A two-thirds majority vote is required to hire or discharge the23
ombudsman. The general assembly shall set the ombudsman's24
compensation, and such compensation may not be reduced during the25
term of the ombudsman's appointment.26
SECTION 3. In Colorado Revised Statutes, amend 19-3.3-10327
1200
-3- as follows:1
19-3.3-103. Office of the child protection ombudsman - duties2
- access to information - confidentiality - testimony - judicial review3
- definitions. (1) The ombudsman has the following duties, at a4
minimum:5
(a) (I) (A) To receive complaints concerning child protection6
services. For the purposes of this section, "complaint" means any report7
or complaint made by or on behalf of a child relating to any action,8
inaction, or decision of any public agency or any provider that receives9
public money that may adversely affect the safety, permanency, or10
well-being of the child. The ombudsman may, independently and11
impartially, investigate a complaint, which may include complaints about12
an incident of egregious abuse or neglect or near fatality, as described in13
section 26-1-139, or fatality of a child, as described in part 20.5 of title 2514
and section 26-1-139. The ombudsman may seek resolution of a15
complaint, which may include but need not be limited to referring a16
complaint to the state department or appropriate agency or entity and17
making a recommendation for action relating to a complaint.18
(B) The ombudsman shall treat all complaints received pursuant19
to subsection (1)(a)(I)(A) of this section as confidential, including the20
identities of complainants and individuals from whom information is21
acquired; except that disclosures may be permitted if the ombudsman22
deems it necessary to enable the ombudsman to perform the ombudsman's23
duties and to support any recommendations resulting from an24
investigation. Records relating to complaints received by the office and25
the investigation of complaints are exempt from public disclosure26
pursuant to article 72 of title 24.27
1200
-4- (C) The ombudsman and any employee or person acting on behalf1
of the ombudsman shall not be compelled to provide oral and written2
testimony in a civil or criminal proceeding in which the ombudsman is3
not a legal party. Information, records, or documents requested and4
reviewed by the ombudsman pursuant to this section are not subject to a5
subpoena issued to the ombudsman, discovery from the ombudsman, or6
introduction into evidence through the ombudsman in a civil or criminal7
proceeding in which the ombudsman is not a legal party. Nothing in this8
subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a9
civil or criminal action evidence that is discoverable independent of the10
proceedings of the ombudsman.11
(II) (A) In investigating a complaint, the ombudsman has the12
authority to request, access, and review any information, records, or13
documents, including records of third parties, that the ombudsman deems14
necessary to conduct a thorough and independent review of a complaint15
so long as either the state department or a county department would be16
entitled to access or receive such information, records, or documents.17
(B) In the course of investigating a complaint pursuant to18
subsection (1)(a)(I)(A) of this section that is related to a child fatality,19
near fatality, or incident of egregious abuse or neglect against a child, as20
defined in section 26-1-139 (2), upon request, the state department of21
human services' child fatality review team, pursuant to section 26-1-13922
(5)(e), shall provide the ombudsman the final confidential, case-specific23
review report.24
(C) In the course of investigating a complaint pursuant to25
subsection (1)(a)(I)(A) of this section that is related to a child fatality,26
upon request, the department of public health and environment's child27
1200
-5- fatality prevention review team, pursuant to section 25-20.5-405, shall1
provide the ombudsman with the nonidentifying case review findings and2
recommendations.3
(D) The ombudsman must have access to all information, records,4
or documents described in subsection (1)(a)(II)(A) of this section created5
in an investigation of an event or incident described in subsection6
(1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the7
state from any entity, including but not limited to a coroner's office, law8
enforcement agency, hospital, court, the office of state registrar of vital9
statistics described in section 25-2-103, and a state-licensed out-of-home10
placement provider, as defined in section 26-5-104.11
(E) The ombudsman shall request, review, and receive copies of12
records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and13
(1)(a)(II)(C) of this section without cost if electronic records are not14
available.15
(F) Nothing in the provisions of subsection (1)(a)(II)(A),16
(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the17
ombudsman for purposes of investigating a complaint pursuant to18
subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section.19
(III) The ombudsman shall refer any complaints relating to the20
judicial department and judicial proceedings, including but not limited to21
complaints concerning the conduct of judicial officers or attorneys of22
record, judicial determinations, and court processes and procedures to the23
appropriate entity or agency within the judicial department.24
(a) T
O RECEIVE AND CONDUCT AN INDEPENDENT AND IMPARTIAL25
INVESTIGATION OF COMPLAINTS CONCERNING CHILD PROTECTION26
SERVICES, INCLUDING:27
1200
-6- (I) COMPLAINTS MADE BY OR ON BEHALF OF A CHILD ;1
(II) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD 'S OR2
YOUTH'S FAMILY, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ;3
(III) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD OR YOUTH4
PURSUANT TO SECTIONS 19-2.5-1502.5 (4)(c), 19-3-211 (5)(a), AND5
19-7-101 (2)(c)(II);6
(IV) C
OMPLAINTS ABOUT AN INCIDENT OF EGREGIOUS ABUSE OR7
NEGLECT; NEAR FATALITY, AS DESCRIBED IN SECTION 26-1-139; OR A8
FATALITY OF A CHILD, AS DESCRIBED IN PART 20.5 OF TITLE 25 AND9
SECTION 26-1-139;10
(V) C
OMPLAINTS CONCERNING SYSTEMIC ISSUES , INCLUDING, BUT11
NOT LIMITED TO , STATUTORY, BUDGETARY, REGULATORY, AND12
ADMINISTRATIVE ISSUES AFFECTING THE SAFETY OF AND OUTCOMES FOR13
CHILDREN, YOUTH, AND FAMILIES RECEIVING CHILD PROTECTION SERVICES14
IN COLORADO; AND15
(VI) C
OMPLAINTS RAISED BY MEMBERS OF THE COMMUNITY16
RELATING TO CHILD PROTECTION POLICIES OR PROCEDURES .17
(a.5)
(b) (I) Notwithstanding any provision of this section to the18
contrary, the ombudsman may self-initiate an independent and impartial19
investigation and ongoing review of the safety and well-being of an20
unaccompanied immigrant child who lives in a state-licensed residential21
child care facility, as defined in section 26-6-903, and who is in the22
custody of the office of refugee resettlement of the federal department of23
health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The24
ombudsman may seek resolution of such investigation and ongoing25
review, which may include, but need not be limited to, referring an26
investigation and ongoing review to the state department or appropriate27
1200
-7- agency or entity and making a recommendation for action relating to an1
investigation and ongoing review.2
(II) (A) In self-initiating an investigation and ongoing review of3
the safety and well-being of an unaccompanied immigrant child who lives4
in a state-licensed residential child care facility, the ombudsman has the5
authority to request, review, and receive copies of any information,6
records, or documents, including records of third parties, that the7
ombudsman deems necessary to conduct a thorough and independent8
investigation and ongoing review as described in subsection (1)(a.5)(I)9
SUBSECTION (1)(b)(I) of this section, without cost to the ombudsman.10
(B) A state-licensed residential child care facility shall notify the11
ombudsman and the state department within three days after the arrival12
of an EACH unaccompanied immigrant child.13
(C) The ombudsman may create and distribute outreach materials14
to a state-licensed residential child care facility and to individuals who15
may have regular contact with an unaccompanied immigrant child.16
(III) As used in this subsection (1)(a.5) SUBSECTION (1)(b),17
"unaccompanied immigrant child" means a child under the age of18
eighteen years, without lawful immigration status in the United States,19
who has been designated an unaccompanied child and transferred to the20
custody of the office of refugee resettlement of the federal department of21
health and human services pursuant to federal law.22
(b) To evaluate and make a recommendation to the executive23
director and any appropriate agency or entity for the creation of a24
statewide grievance policy that is accessible by children and families25
within the child protection system and that is transparent and accountable;26
(2) (a) I
N INVESTIGATING A COMPLAINT DESCRIBED IN SUBSECTION27
1200
-8- (1)(a) OF THIS SECTION, THE OMBUDSMAN SHALL:1
(I) R
EQUEST, ACCESS, AND REVIEW ANY INFORMATION ,2
DOCUMENTS, OR RECORDS, INCLUDING RECORDS OF THIRD PARTIES, THE3
OMBUDSMAN DEEMS NECESSARY TO CONDUCT AN INDEPENDENT AND4
IMPARTIAL INVESTIGATION OF COMPLAINTS PURSUANT TO SECTION5
19-3.3-103.4;6
(II) S
EEK RESOLUTION OF A COMPLAINT, WHICH MAY INCLUDE, BUT7
IS NOT LIMITED TO, REFERRING A COMPLAINT TO THE STATE DEPARTMENT8
OR APPROPRIATE AGENCY OR ENTITY AND MAKING A RECOMMENDATION9
FOR ACTION RELATING TO A COMPLAINT ; AND10
(III) R
EFER ANY COMPLAINTS RELATING TO THE JUDICIAL11
DEPARTMENT AND JUDICIAL PROCEEDINGS , INCLUDING, BUT NOT LIMITED12
TO, COMPLAINTS CONCERNING THE CONDUCT OF JUDICIAL OFFICERS OR13
ATTORNEYS OF RECORD , JUDICIAL DETERMINATIONS , AND COURT14
PROCESSES AND PROCEDURES , TO THE APPROPRIATE AGENCY OR ENTITY .15
N
OTHING IN THIS SECTION GRANTS THE OFFICE THE AUTHORITY TO ACCESS16
INFORMATION, RECORDS, OR DOCUMENTS TO INVESTIGATE A COMPLAINT17
MADE IN REGARDS TO THE PROVISION OF LEGAL SERVICES BY AN18
INDEPENDENT JUDICIAL AGENCY OR ITS CONTRACTORS .19
(b) (I) NOTWITHSTANDING SUBSECTION (2)(a)(I) OF THIS SECTION20
TO THE CONTRARY, THE OMBUDSMAN SHALL NOT HAVE ACCESS TO :21
(A) PERSONNEL FILES;22
(B) WORK PRODUCT;23
(C) INFORMATION, DOCUMENTS, OR RECORDS THAT MAY BE24
PROTECTED BY AN AGENCY'S OR ENTITY'S ATTORNEY-CLIENT PRIVILEGE;25
OR26
(D) INFORMATION, DOCUMENTS, OR RECORDS THAT MAY BE27
1200
-9- PROTECTED BY AN AGENCY 'S DELIBERATIVE PROCESS PRIVILEGE.1
(II) IF AN AGENCY OR ENTITY WITHHOLDS INFORMATION ,2
DOCUMENTS, OR RECORDS DESCRIBED IN SUBSECTION (2)(b)(I) OF THIS3
SECTION FROM THE OMBUDSMAN , THE AGENCY OR ENTITY SHALL4
COMMUNICATE TO THE OMBUDSMAN THAT THE INFORMATION ,5
DOCUMENTS, OR RECORDS WERE WITHHELD AND THE REASONS FOR6
WITHHOLDING THE INFORMATION , DOCUMENTS, OR RECORDS.7
(c) THE OMBUDSMAN MAY DECLINE TO INVESTIGATE A COMPLAINT8
OR CONTINUE AN INVESTIGATION . IF THE OMBUDSMAN DECLINES TO9
INVESTIGATE A COMPLAINT OR CONTINUE AN INVESTIGATION , THE OFFICE10
SHALL NOTIFY THE COMPLAINANT OF THE DECISION AND THE REASON FOR11
THE OMBUDSMAN'S ACTIONS.12
(3) I
N ADDITION TO THE DUTIES DESCRIBED IN SUBSECTION (1)(a)13
OF THIS SECTION, THE OMBUDSMAN HAS THE FOLLOWING DUTIES :14
(c)
(a) To report, as required by the provisions of section15
19-3.3-108, concerning the actions of the ombudsman related to the goals16
and duties of the office;17
(d) (b) To review the memorandum of understanding between the18
office and the judicial department and renegotiate such memorandum of19
understanding at any time as the office and the judicial department20
mutually deem appropriate;21
(e) (c) To act on behalf of the office and serve as signator for the22
office;23
(f) (d) To ensure accountability and consistency in the operating24
policies and procedures, including reasonable rules to administer the25
provisions of this article ARTICLE 3.3 and any other standards of conduct26
and reporting requirements as provided by law; and27
1200
-10- (g) (e) To serve or designate a person to serve on the youth1
restraint and seclusion working group pursuant to section 26-20-1102
(1)(i);3
(2) The ombudsman has the following powers, at a minimum:4
(a) To review issues raised by members of the community relating5
to child protection policies or procedures and make recommendations to6
the appropriate agency or entity concerning those issues;7
(b) (f) To review and evaluate the effectiveness and efficiency of8
any existing grievance resolution mechanisms and to make9
recommendations to the general assembly, executive director, and any10
appropriate agency or entity for the improvement of the grievance11
resolution mechanisms;12
(c) (g) To help educate the public concerning ISSUES AND13
RECOMMENDATIONS THE OMBUDSMAN IDENTIFIES , INCLUDING ON child14
maltreatment and the role of the community in strengthening families and15
keeping children safe;16
(d) (h) To promote best practices and effective programs relating17
to a publicly funded child protection system and to work collaboratively18
with county departments, when appropriate, regarding improvement of19
processes;
AND20
(e)
(i) To recommend to the general assembly, the executive21
director, and any appropriate agency or entity statutory, budgetary,22
regulatory, and administrative changes, including systemic changes, to23
improve the safety of and promote better outcomes for children and24
families receiving child protection services in Colorado.25
R
ECOMMENDATIONS MAY ADDRESS ISSUES THE OMBUDSMAN IDENTIFIES26
DURING THE COURSE OF AN INVESTIGATION OF COMPLAINTS , AS DESCRIBED27
1200
-11- IN SUBSECTION (1)(a) OF THIS SECTION . THE OMBUDSMAN 'S1
RECOMMENDATIONS ARE SUBJECT TO PUBLIC DISCLOSURE PURS UANT TO2
ARTICLE 72 OF TITLE 24. and3
(f) To request, access, and review information, records, or4
documents received pursuant to subsection (1)(a)(II) of this section.5
(3) The ombudsman, employees of the office, and any persons6
acting on behalf of the office shall comply with all state and federal7
confidentiality laws that govern the department of early childhood, the8
state department, or a county department with respect to the treatment of9
confidential information or records and the disclosure of such information10
and records.11
(4) Nothing in this article shall be construed to direct or authorize12
ARTICLE 3.3 DIRECTS OR AUTHORIZES the ombudsman to intervene in any13
criminal or civil judicial proceeding or to interfere in a criminal14
investigation.15
(5) In the performance of the ombudsman's duties, the16
ombudsman shall act independently of
ANY PUBLIC AGENCY OR PROVIDER17
THAT RECEIVES PUBLIC MONEY AND THAT MAY ADVERSELY AFFECT THE18
SAFETY, PERMANENCY, OR WELL-BEING OF A CHILD OR YOUTH, INCLUDING19
the division within the department of early childhood that is responsible20
for child care, of
the divisions within the state department that are21
responsible for child welfare or youth services, of the county departments22
of human or social services, and of all judicial AND INDEPENDENT23
agencies. including, but not limited to, the office of the child's24
representative, the office of the respondent parents' counsel, the office of25
state public defender, the office of alternate defense counsel, and the26
office of attorney regulation counsel. Any recommendations made by the27
1200
-12- ombudsman or positions taken by the ombudsman do not reflect those of1
ANY PUBLIC AGENCY, INCLUDING the department of early childhood, state2
department, judicial department
AND INDEPENDENT AGENCIES, or county3
departments of human or social services.4
SECTION 4. In Colorado Revised Statutes, add with amended5
and relocated provisions 19-3.3-103.4 and 19-3.3-103.5 as follows:6
19-3.3-103.4. Office of the child protection ombudsman -7
access to information. (1) (a)
(I) [Formerly 19-3.3-103 (1)(a)(II)(A)] In8
investigating a complaint, the ombudsman OFFICE has the authority to9
request, access, and review any information, records, or documents,10
including records of third parties, that the ombudsman OFFICE deems11
necessary to conduct a thorough and independent review of a complaint12
so long as OR EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a). IN THE13
INVESTIGATION OF A COMPLAINT OR EVENT DESCRIBED IN SECTION14
19-3.3-103 (1)(a)
THAT OCCURS IN THE STATE, THE OFFICE MUST HAVE15
ACCESS TO INFORMATION, RECORDS, OR DOCUMENTS THAT either the state16
department or a county department would be entitled to access or receive.17
such information, records, or documents.
18
(II) THE OMBUDSMAN SHALL NOT HAVE ACCESS TO INFORMATION,19
DOCUMENTS, OR RECORDS DESCRIBED IN SECTION 19-3.3-103 (2)(b)(I).20
(b) (I) [Formerly 19-3.3-103 (1)(a)(II)(D)] The ombudsman21
OFFICE must have access to all information, records, or documents22
described in subsection (1)(a)(II)(A) of this section created in an23
investigation of an event or incident described in subsection (1)(a)(II)(A),24
(1)(a)(II)(B), or (1)(a)(II)(C) of this section THAT THE OFFICE DEEMS25
NECESSARY TO CONDUCT A THOROUGH AND INDEPENDENT REVIEW OF A26
COMPLAINT OR EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a) occurring27
1200
-13- in the state from any entity, including, but not limited to, a coroner's1
office, law enforcement agency, hospital, court, the office of state2
registrar of vital statistics described in section 25-2-103, and a3
state-licensed out-of-home placement provider, as defined in section4
26-5-104.5
(II) THE OMBUDSMAN SHALL NOT HAVE ACCESS TO INFORMATION,6
DOCUMENTS, OR RECORDS DESCRIBED IN SECTION 19-3.3-103 (2)(b)(I).7
(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of8
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this9
section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child10
fatality, near fatality, or incident of egregious abuse or neglect against a11
child, as defined in section 26-1-139 (2), upon request, the state12
department of human services' child fatality review team, pursuant to13
section 26-1-139 (5)(e), shall provide the ombudsman OFFICE the final14
confidential, case-specific review report.15
(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of16
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this17
section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child18
fatality, upon request, the department of public health and environment's19
child fatality prevention review team, pursuant to section 25-20.5-405,20
shall provide the ombudsman OFFICE with the nonidentifying case review21
findings and recommendations.22
(2) (a) T
HE STATE DEPARTMENT SHALL ENSURE THE OFFICE HAS23
UNRESTRICTED ACCESS TO TRAILS, AS DEFINED IN SECTION 26-5-118.24
(b) FOR EDUCATIONAL PURPOSES, THE STATE DEPARTMENT SHALL25
ENSURE OFFICE EMPLOYEES ARE PERMITTED TO ATTEND THE CHILD26
WELFARE TRAINING ACADEMY ESTABLISHED IN SECTION 26-5-109.27
1200
-14- (3) [Formerly 19-3.3-103 (1)(a)(II)(E)] The ombudsman OFFICE1
shall request, review, and receive copies of records as described in2
subsections (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) SUBSECTION (1)3
of this section without cost if electronic records are not available.4
(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions5
of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section6
grants subpoena power to the ombudsman,
EMPLOYEES OF THE OFFICE,7
AND ANY OTHER PERSON ACTING ON BEHALF OF THE OFFICE for purposes8
of investigating a complaint pursuant to subsection (1)(a)(II)(A),
9
(1)(a)(II)(B), or (1)(a)(II)(C) of this section DESCRIBED IN SECTION10
19-3.3-103 (1)(a).11
19-3.3-103.5. Office of the child protection ombudsman -12
confidentiality. (1) T
HE OMBUDSMAN, EMPLOYEES OF THE OFFICE, AND13
ANY PERSON ACTING ON BEHALF OF THE OFFICE SHALL COMPLY WITH ALL14
STATE AND FEDERAL CONFIDENTIALITY LAWS THAT GOVERN THE15
DEPARTMENT OF EARLY CHILDHOOD , THE STATE DEPARTMENT , OR A16
COUNTY DEPARTMENT WITH RESPECT TO THE TREATMENT OF17
CONFIDENTIAL INFORMATION OR RECORDS AND THE DISCLOSURE OF SUCH18
INFORMATION AND RECORDS .19
(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman
20
OFFICE shall treat all complaints received pursuant to subsection21
(1)(a)(I)(A) of this section SECTION 19-3.3-103 (1)(a) as confidential,22
including the identities of complainants and individuals from whom23
information is acquired; except that disclosures may be permitted if the24
ombudsman deems it necessary to enable the ombudsman to perform the25
ombudsman's duties and to support any recommendations resulting from26
an investigation. Records relating to complaints received by the office27
1200
-15- and the investigation of complaints are exempt from public disclosure1
pursuant to article 72 of title 24.2
(b) R
ECORDS RELATING TO COMPLAINTS RECEIVED BY THE OFFICE3
AND THE INVESTIGATION OF COMPLAINTS ARE EXEMPT FROM PUBLIC4
DISCLOSURE PURSUANT TO ARTICLE 72 OF TITLE 24.5
(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any6
employee or person acting on behalf of the ombudsman shall not be7
compelled to provide oral and written testimony in a civil or criminal8
proceeding in which the ombudsman is not a legal party. Information,9
records, or documents requested and reviewed by the ombudsman10
pursuant to this section are not subject to a subpoena issued to the11
ombudsman, discovery from the ombudsman, or introduction into12
evidence through the ombudsman in a civil or criminal proceeding in13
which the ombudsman is not a legal party. Nothing in this subsection
14
(1)(a)(I)(C) SUBSECTION (2)(a) restricts or limits the right to discover or15
use in a civil or criminal action evidence that is discoverable independent16
of the proceedings of the ombudsman.17
SECTION 5. In Colorado Revised Statutes, add 19-3.3-112 as18
follows:19
19-3.3-112. Office of the child protection ombudsman - access20
to state-licensed residential child care facilities and facilities -21
education of children and youth in state-licensed residential child22
care facilities and facilities. (1) (a) A
STATE-LICENSED RESIDENTIAL23
CHILD CARE FACILITY AND A FACILITY SHALL PROVIDE PHYSICAL ACCESS24
TO ITS FACILITY PURSUANT TO THIS SUBSECTION (1)(a). THE OFFICE MAY25
ONLY ACCESS A STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR26
A FACILITY IN COORDINATION WITH THE FACILITY DIRECTORS :27
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-16- (I) IN RESPONSE TO A REQUEST FROM A CHILD OR YOUTH RESIDING1
IN THE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR FACILITY ;2
(II) I
N RESPONSE TO A REQUEST FROM A CHILD 'S OR YOUTH'S3
FAMILY MEMBER, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ; OR4
(III) T
O DISTRIBUTE MATERIALS PURSUANT TO SUBSECTION (2)(a)5
OF THIS SECTION.6
(b) A
STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR7
FACILITY SHALL NOT DENY THE OFFICE ACCESS TO THE STATE -LICENSED8
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO CARRY OUT THE9
OFFICE'S DUTIES AS DESCRIBED IN THIS SECTION OR SECTION 19-3.3-103.10
(c) D
EPENDENT UPON AVAILABLE RESOURCES AND AT THE11
DISCRETION OF THE OMBUDSMAN , THE OFFICE MAY MEET WITH THE CHILD12
OR YOUTH VIA A CONFIDENTIAL, VIRTUAL MEETING.13
(d) U
PON A CHILD'S OR YOUTH'S REQUEST, THE STATE-LICENSED14
RESIDENTIAL CHILD CARE FACILITY OR FACILITY SHALL PROVIDE A PRIVATE15
AND CONFIDENTIAL SPACE FOR THE CHILD OR YOUTH TO MEET WITH THE16
OMBUDSMAN, AN OFFICE EMPLOYEE, OR A PERSON ACTING ON BEHALF OF17
THE OMBUDSMAN.18
(e) T
HE OMBUDSMAN, AN EMPLOYEE OF THE OFFICE, OR A PERSON19
ACTING ON BEHALF OF THE OMBUDSMAN IS SUBJECT TO THE PROTOCOL20
AND POLICIES OF EACH STATE -LICENSED RESIDENTIAL CHILD CARE21
FACILITY AND FACILITY.22
(2) (a) T
HE OFFICE SHALL CREATE AND DISTRIBUTE OUTREACH23
MATERIALS TO STATE-LICENSED RESIDENTIAL CHILD CARE FACILITIES AND24
FACILITIES. THE MATERIALS MUST CONTAIN INFORMATION ON HOW TO25
ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND HOW TO FILE A26
COMPLAINT WITH THE OFFICE.27
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-17- (b) EACH STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY AND1
FACILITY SHALL DISPLAY THE MATERIALS DESCRIBED IN SUBSECTION (2)(a)2
OF THIS SECTION IN A LOCATION VISIBLE TO CHILDREN OR YOUTH3
RECEIVING SERVICES FROM THE RESIDENTIAL CHILD CARE FACILITY OR4
FACILITY.5
(c) T
HE OFFICE SHALL SUPPLY THE MATERIALS DESCRIBED IN6
SUBSECTION (2)(a) OF THIS SECTION AT THE OFFICE'S EXPENSE. THE OFFICE7
SHALL PROVIDE UPDATES ON OUTREACH EFFORTS IN ITS ANNUAL REPORT8
DESCRIBED IN SECTION 19-3.3-108.9
(d) T
HE OFFICE SHALL COORDINATE WITH EACH STATE -LICENSED10
RESIDENTIAL CHILD CARE FACILITY AND FACILITY TO PROVIDE IN -PERSON11
EDUCATIONAL COURSES TO CHILDREN AND YOUTH RESIDING IN THE12
FACILITIES ON HOW TO ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND13
HOW TO FILE A COMPLAINT WITH THE OFFICE .14
(3) T
HE OFFICE AND EACH STATE-LICENSED RESIDENTIAL CHILD15
CARE FACILITY OR FACILITY SHALL OPERATE PURSUANT TO A16
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE AND EACH17
RESIDENTIAL CHILD CARE FACILITY OR FACILITY. THE MEMORANDUM OF18
UNDERSTANDING MUST , AT A MINIMUM, REQUIRE THAT:19
(a) T
HE OFFICE PROVIDES EACH STATE -LICENSED RESIDENTIAL20
CHILD CARE FACILITY OR FACILITY WITH NOTICE OF A CHILD'S OR YOUTH'S21
REQUEST TO VISIT WITH THE OMBUDSMAN WITHIN FORTY -EIGHT BUSINESS22
HOURS AFTER RECEIVING THE REQUEST ;23
(b) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR24
FACILITY PROVIDES THE OMBUDSMAN ACCESS TO A FACILITY AND A25
PRIVATE, CONFIDENTIAL SPACE TO MEET WITH A CHILD OR YOUTH WITHIN26
FIVE BUSINESS DAYS AFTER THE OFFICE RECEIVES THE CHILD'S OR YOUTH'S27
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-18- REQUEST TO MEET;1
(c) T
HE OFFICE PROVIDES THE STATE-LICENSED RESIDENTIAL CHILD2
CARE FACILITY OR FACILITY WITH NOTICE AT LEAST FIVE BUSINESS DAYS3
BEFORE THE OFFICE WOULD LIKE TO ENTER THE STATE -LICENSED4
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO DISTRIBUTE5
MATERIALS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION;6
(d) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR7
FACILITY PROVIDES THE OFFICE WITH PROOF THAT THE MATERIALS8
DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION ARE DISPLAYED IN A9
LOCATION VISIBLE TO CHILDREN OR YOUTH AS REQUIRED PURSUANT TO10
THIS SECTION; AND11
(e) C
ERTAIN PROCESSES OCCUR TO PROVIDE A CHILD OR YOUTH A12
CONFIDENTIAL, VIRTUAL MEETING TO MEET WITH THE OMBUDSMAN , AN13
EMPLOYEE OF THE OFFICE, OR A PERSON ACTING ON BEHALF OF THE OFFICE.14
(4) T
HIS SECTION DOES NOT GRANT THE OFFICE AUTHORITY TO15
CONDUCT ACTIVITIES DESCRIBED IN PART 9 OF ARTICLE 6 OF TITLE 26.16
SECTION 6. In Colorado Revised Statutes, 19-3.3-108, add17
(1)(d) as follows:18
19-3.3-108. Office of the child protection ombudsman - annual19
report. (1) On or before September 1 of each year, commencing with the20
September 1 following the first fiscal year in which the office was21
established, the ombudsman shall prepare a written report that must22
include, but need not be limited to, information from the preceding fiscal23
year and any recommendations concerning the following:24
(d) U
PDATES ON OUTREACH EFFORTS TO STATE -LICENSED25
RESIDENTIAL CHILD CARE FACILITIES AND FACILITIES ESTABLISHED AND26
OPERATED BY THE DEPARTMENT OF HUMAN SERVICES AS DESCRIBED IN27
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-19- SECTION 19-3.3-112 (2)(c).1
SECTION 7. In Colorado Revised Statutes, 19-3.1-101, amend2
(3)(a) introductory portion as follows:3
19-3.1-101. Petition for dependency order for unaccompanied4
children or youth in federal custody - definition. (3) (a) The court5
shall schedule a hearing within thirty-five days after the petition is filed,6
unless a motion is made for a forthwith hearing because the child is7
approaching eighteen years of age or other emergent circumstances, in8
which case the court shall schedule the hearing within seven days. If the9
court finds the statements in the petition are supported by a10
preponderance of the evidence, the court shall declare the child dependent11
on the court. A child declared dependent pursuant to this section may be12
eligible for oversight and services by the office of the child protection13
ombudsman pursuant to section 19-3.3-103 (1)(a.5) AS DESCRIBED IN14
SECTION 19-3.3-103 (1)(b). Upon request, the court may also issue an15
order establishing the child's eligibility for classification as a special16
immigrant juvenile under federal law, including:17
SECTION 8. In Colorado Revised Statutes, 25-20.5-405, amend18
(2)(d) as follows:19
25-20.5-405. Local review teams - duties - authority. (2) With20
respect to each child fatality reviewed, the local or regional review team21
shall:22
(d) Report case review findings, as appropriate, to public and23
private agencies that have responsibilities for children, including the24
office of the child protection ombudsman pursuant to section AS25
DESCRIBED IN SECTIONS 19-3.3-103 AND 19-3.3-103.4, and make26
prevention recommendations to these agencies that may help to reduce the27
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-20- number of child fatalities;1
SECTION 9. In Colorado Revised Statutes, 25-20.5-408, amend2
(2)(c)(I) as follows:3
25-20.5-408. Access to records. (2) Public access to records4
and information. (c) Release of information. (I) Members of the state5
review team, members of the local or regional review teams, a person6
who attends a review team meeting, and a person who presents7
information to a review team may release information to governmental8
agencies as necessary to fulfill the requirements of this part 4, including9
section 25-20.5-405 (2)(d) and section 19-3.3-103 (1)(a)(II)(D) SECTION10
19-3.3-103.4 (1)(b).11
SECTION 10. In Colorado Revised Statutes, 26-1-139, amend12
(5)(e) as follows:13
26-1-139. Child fatality and near fatality prevention - process14
- department of human services child fatality review team - reporting15
- rules - legislative declaration - definitions. (5) (e) The team shall16
provide the final confidential, case-specific review report to the executive17
director, the director for any county or community agency referenced in18
the report, the county board of human services of any county department19
with previous involvement, as defined in subsection (2)(c) of this section,20
the legislative members of the team appointed pursuant to subsection21
(6)(f) of this section, the department of public health and environment,22
and the office of the child protection ombudsman pursuant to section23
19-3.3-103 (1)(a)(II)(B) AS DESCRIBED IN SECTION 19-3.3-103.4 (1)(c)(I).24
SECTION 11. In Colorado Revised Statutes, 26-20-110, amend25
(1)(i) as follows:26
26-20-110. Youth restraint and seclusion working group -27
1200
-21- membership - purpose - repeal. (1) There is established within the1
division of youth services a youth restraint and seclusion working group,2
referred to in this section as the "working group". The working group3
consists of:4
(i) The child protection ombudsman or his or her THE CHILD5
PROTECTION OMBUDSMAN 'S designee pursuant to section 19-3.3-1036
(1)(g) AS DESCRIBED IN SECTION 19-3.3-103 (3)(e); and7
SECTION 12. In Colorado Revised Statutes, 27-50-108, amend8
(4)(c) as follows:9
27-50-108. Systemwide behavioral health grievance system.10
(4) On or before July 1, 2024, the BHA and state agencies shall execute11
formal data-sharing agreements addressing data sharing consistent with12
state and federal requirements, cooperation between the BHA and state13
agencies, and any other provisions necessary to implement this section.14
At a minimum, the BHA and the following entities shall execute such15
agreements:16
(c) The child protection ombudsman, appointed pursuant to17
section 19-3.3-103 SECTION 19-3.3-102 (3)(a)(I). All data released by the18
ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3)19
SECTION 19-3.3-103.5 (1) AND (2).20
SECTION 13. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly; except23
that, if a referendum petition is filed pursuant to section 1 (3) of article V24
of the state constitution against this act or an item, section, or part of this25
act within such period, then the act, item, section, or part will not take26
effect unless approved by the people at the general election to be held in27
1200
-22- November 2026 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
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-23-