First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0806.01 Alana Rosen x2606
HOUSE BILL 25-1200
House Committees Senate Committees
Health & Human Services 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
SENATE
3rd Reading Unamended
April 14, 2025
SENATE
Amended 2nd Reading
April 11, 2025
HOUSE
3rd Reading Unamended
March 5, 2025
HOUSE
Amended 2nd Reading
March 4, 2025
HOUSE SPONSORSHIP
Feret and Armagost, Bacon, Boesenecker, Brown, Clifford, Duran, Gilchrist, Jackson,
Lindsay, Lukens, Mabrey, McCluskie, Sirota, Stewart K., Stewart R., Story
SENATE SPONSORSHIP
Cutter and Bright, Coleman, Exum, Gonzales J., Jodeh, Kipp, Michaelson Jenet, Wallace
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) "B
OARD" MEANS THE CHILD PROTECTION OMBUDSMAN BOARD
6
ESTABLISHED PURSUANT TO SECTION 19-3.3-102 (2)(a).7
(2) "COMPLAINT" MEANS A REPORT OR COMPLAINT RELATING TO8
AN ACTION, INACTION, OR DECISION OF A PUBLIC AGENCY OR A PROVIDER9
THAT RECEIVES PUBLIC MONEY THAT MAY ADVERSELY AFFECT THE10
SAFETY, PERMANENCY, OR WELL-BEING OF A CHILD OR YOUTH.11
(3) "FACILITY" MEANS A FACILITY ESTABLISHED AND OPERATED BY12
THE STATE DEPARTMENT PURSUANT TO SECTION 19-2.5-1502.13
(4) "OFFICE" MEANS THE OFFICE OF THE CHILD PROTECTION14
1200-2- OMBUDSMAN ESTABLISHED PURSUANT TO SECTION 19-3.3-102 (1)(a).1
(5) "OMBUDSMAN" MEANS THE CHILD PROTECTION OMBUDSMAN2
AND DIRECTOR OF THE OFFICE APPOINTED PURS UANT TO SECTION3
19-3.3-102 (3)(a)(I). 4
(6) "PERSONNEL FILES" HAS THE SAME MEANING AS SET FORTH IN5
SECTION 24-72-202.6
(7) "STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY" HAS THE7
SAME MEANING AS SET FORTH IN SECTION 26-6-903.8
(8) "WORK PRODUCT" HAS THE SAME MEANING AS SET FORTH IN9
SECTION 24-72-202.10
SECTION 2. In Colorado Revised Statutes, 19-3.3-102, amend11
(1)(a), (2)(a), and (3)(a)(I) as follows:12
19-3.3-102. Office of the child protection ombudsman13
established - child protection ombudsman advisory board -14
qualifications of ombudsman - duties. (1) (a) The independent office15
of the child protection ombudsman referred to in this article 3.3 as the16
"office", is established in the judicial department as an independent17
agency for the purpose of ensuring the greatest protections for the18
children of Colorado.19
(2) (a) There is established an independent, nonpartisan child20
protection ombudsman board. referred to in this article 3.3 as the "board".21
The board consists of twelve members and, to the extent practicable, must22
include persons from throughout the state and persons with disabilities23
and must reflect the ethnic diversity of the state. All members must have24
child welfare policy or system expertise or experience.25
(3) The board has the following duties and responsibilities:26
(a) To oversee the following personnel decisions related to the27
1200
-3- ombudsman:1
(I) To appoint a person to serve as the child protection2
ombudsman and director of the office. referred to in this article 3.3 as the3
"ombudsman". The board may also discharge an acting ombudsman for4
cause. A two-thirds majority vote is required to hire or discharge the5
ombudsman. The general assembly shall set the ombudsman's6
compensation, and such compensation may not be reduced during the7
term of the ombudsman's appointment.8
SECTION 3. In Colorado Revised Statutes, amend 19-3.3-1039
as follows:10
19-3.3-103. Office of the child protection ombudsman - duties11
- access to information - confidentiality - testimony - judicial review12
- definitions. (1) The ombudsman has the following duties, at a13
minimum:14
(a) (I) (A) To receive complaints concerning child protection15
services. For the purposes of this section, "complaint" means any report16
or complaint made by or on behalf of a child relating to any action,17
inaction, or decision of any public agency or any provider that receives18
public money that may adversely affect the safety, permanency, or19
well-being of the child. The ombudsman may, independently and20
impartially, investigate a complaint, which may include complaints about21
an incident of egregious abuse or neglect or near fatality, as described in22
section 26-1-139, or fatality of a child, as described in part 20.5 of title 2523
and section 26-1-139. The ombudsman may seek resolution of a24
complaint, which may include but need not be limited to referring a25
complaint to the state department or appropriate agency or entity and26
making a recommendation for action relating to a complaint.27
1200
-4- (B) The ombudsman shall treat all complaints received pursuant1
to subsection (1)(a)(I)(A) of this section as confidential, including the2
identities of complainants and individuals from whom information is3
acquired; except that disclosures may be permitted if the ombudsman4
deems it necessary to enable the ombudsman to perform the ombudsman's5
duties and to support any recommendations resulting from an6
investigation. Records relating to complaints received by the office and7
the investigation of complaints are exempt from public disclosure8
pursuant to article 72 of title 24.9
(C) The ombudsman and any employee or person acting on behalf10
of the ombudsman shall not be compelled to provide oral and written11
testimony in a civil or criminal proceeding in which the ombudsman is12
not a legal party. Information, records, or documents requested and13
reviewed by the ombudsman pursuant to this section are not subject to a14
subpoena issued to the ombudsman, discovery from the ombudsman, or15
introduction into evidence through the ombudsman in a civil or criminal16
proceeding in which the ombudsman is not a legal party. Nothing in this17
subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a18
civil or criminal action evidence that is discoverable independent of the19
proceedings of the ombudsman.20
(II) (A) In investigating a complaint, the ombudsman has the21
authority to request, access, and review any information, records, or22
documents, including records of third parties, that the ombudsman deems23
necessary to conduct a thorough and independent review of a complaint24
so long as either the state department or a county department would be25
entitled to access or receive such information, records, or documents.26
(B) In the course of investigating a complaint pursuant to27
1200
-5- subsection (1)(a)(I)(A) of this section that is related to a child fatality,1
near fatality, or incident of egregious abuse or neglect against a child, as2
defined in section 26-1-139 (2), upon request, the state department of3
human services' child fatality review team, pursuant to section 26-1-1394
(5)(e), shall provide the ombudsman the final confidential, case-specific5
review report.6
(C) In the course of investigating a complaint pursuant to7
subsection (1)(a)(I)(A) of this section that is related to a child fatality,8
upon request, the department of public health and environment's child9
fatality prevention review team, pursuant to section 25-20.5-405, shall10
provide the ombudsman with the nonidentifying case review findings and11
recommendations.12
(D) The ombudsman must have access to all information, records,13
or documents described in subsection (1)(a)(II)(A) of this section created14
in an investigation of an event or incident described in subsection15
(1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the16
state from any entity, including but not limited to a coroner's office, law17
enforcement agency, hospital, court, the office of state registrar of vital18
statistics described in section 25-2-103, and a state-licensed out-of-home19
placement provider, as defined in section 26-5-104.20
(E) The ombudsman shall request, review, and receive copies of21
records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and22
(1)(a)(II)(C) of this section without cost if electronic records are not23
available.24
(F) Nothing in the provisions of subsection (1)(a)(II)(A),25
(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the26
ombudsman for purposes of investigating a complaint pursuant to27
1200
-6- subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section.1
(III) The ombudsman shall refer any complaints relating to the2
judicial department and judicial proceedings, including but not limited to3
complaints concerning the conduct of judicial officers or attorneys of4
record, judicial determinations, and court processes and procedures to the5
appropriate entity or agency within the judicial department.6
(a) T
O RECEIVE AND CONDUCT AN INDEPENDENT AND IMPARTIAL7
INVESTIGATION OF COMPLAINTS CONCERNING CHILD PROTECTION8
SERVICES, INCLUDING:9
(I) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD ;10
(II) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD 'S OR11
YOUTH'S FAMILY, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ;12
(III) C
OMPLAINTS MADE BY OR ON BEHALF OF A CHILD OR YOUTH13
PURSUANT TO SECTIONS 19-2.5-1502.5 (4)(c), 19-3-211 (5)(a), AND14
19-7-101 (2)(c)(II);15
(IV) C
OMPLAINTS ABOUT AN INCIDENT OF EGREGIOUS ABUSE OR16
NEGLECT; NEAR FATALITY, AS DESCRIBED IN SECTION 26-1-139; OR A17
FATALITY OF A CHILD, AS DESCRIBED IN PART 20.5 OF TITLE 25 AND18
SECTION 26-1-139;19
(V) C
OMPLAINTS CONCERNING SYSTEMIC ISSUES , INCLUDING, BUT20
NOT LIMITED TO , STATUTORY, BUDGETARY, REGULATORY, AND21
ADMINISTRATIVE ISSUES AFFECTING THE SAFETY OF AND OUTCOMES FOR22
CHILDREN, YOUTH, AND FAMILIES RECEIVING CHILD PROTECTION SERVICES23
IN COLORADO; AND24
(VI) C
OMPLAINTS RAISED BY MEMBERS OF THE COMMUNITY25
RELATING TO CHILD PROTECTION POLICIES OR PROCEDURES .26
(a.5)
(b) (I) Notwithstanding any provision of this section to the27
1200
-7- contrary, the ombudsman may self-initiate an independent and impartial1
investigation and ongoing review of the safety and well-being of an2
unaccompanied immigrant child who lives in a state-licensed residential3
child care facility, as defined in section 26-6-903, and who is in the4
custody of the office of refugee resettlement of the federal department of5
health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The6
ombudsman may seek resolution of such investigation and ongoing7
review, which may include, but need not be limited to, referring an8
investigation and ongoing review to the state department or appropriate9
agency or entity and making a recommendation for action relating to an10
investigation and ongoing review.11
(II) (A) In self-initiating an investigation and ongoing review of12
the safety and well-being of an unaccompanied immigrant child who lives13
in a state-licensed residential child care facility, the ombudsman has the14
authority to request, review, and receive copies of any information,15
records, or documents, including records of third parties, that the16
ombudsman deems necessary to conduct a thorough and independent17
investigation and ongoing review as described in subsection (1)(a.5)(I)18
SUBSECTION (1)(b)(I) of this section, without cost to the ombudsman.19
(B) A state-licensed residential child care facility shall notify the20
ombudsman and the state department within three days after the arrival21
of an EACH unaccompanied immigrant child.22
(C) The ombudsman may create and distribute outreach materials23
to a state-licensed residential child care facility and to individuals who24
may have regular contact with an unaccompanied immigrant child.25
(III) As used in this subsection (1)(a.5) SUBSECTION (1)(b),26
"unaccompanied immigrant child" means a child under the age of27
1200
-8- eighteen years, without lawful immigration status in the United States,1
who has been designated an unaccompanied child and transferred to the2
custody of the office of refugee resettlement of the federal department of3
health and human services pursuant to federal law.4
(b) To evaluate and make a recommendation to the executive5
director and any appropriate agency or entity for the creation of a6
statewide grievance policy that is accessible by children and families7
within the child protection system and that is transparent and accountable;8
(2) (a) I
N INVESTIGATING A COMPLAINT DESCRIBED IN SUBSECTION9
(1)(a)
OF THIS SECTION, THE OMBUDSMAN SHALL:10
(I) R
EQUEST, ACCESS, AND REVIEW ANY INFORMATION ,11
DOCUMENTS, OR RECORDS, INCLUDING RECORDS OF THIRD PARTIES, THE12
OMBUDSMAN DEEMS NECESSARY TO CONDUCT AN INDEPENDENT AND13
IMPARTIAL INVESTIGATION OF COMPLAINTS PURSUANT TO SECTION14
19-3.3-103.4;15
(II) S
EEK RESOLUTION OF A COMPLAINT, WHICH MAY INCLUDE, BUT16
IS NOT LIMITED TO, REFERRING A COMPLAINT TO THE STATE DEPARTMENT17
OR APPROPRIATE AGENCY OR ENTITY AND MAKING A RECOMMENDATION18
FOR ACTION RELATING TO A COMPLAINT ; AND19
(III) R
EFER ANY COMPLAINTS RELATING TO THE JUDICIAL20
DEPARTMENT AND JUDICIAL PROCEEDINGS , INCLUDING, BUT NOT LIMITED21
TO, COMPLAINTS CONCERNING THE CONDUCT OF JUDICIAL OFFICERS OR22
ATTORNEYS OF RECORD , JUDICIAL DETERMINATIONS , AND COURT23
PROCESSES AND PROCEDURES , TO THE APPROPRIATE AGENCY OR ENTITY .24
N
OTHING IN THIS SECTION GRANTS THE OFFICE THE AUTHORITY TO ACCESS25
INFORMATION, RECORDS, OR DOCUMENTS TO INVESTIGATE A COMPLAINT26
MADE IN REGARDS TO THE PROVISION OF LEGAL SERVICES BY AN27
1200
-9- INDEPENDENT JUDICIAL AGENCY OR ITS CONTRACTORS .1
(b) (I) NOTWITHSTANDING SUBSECTION (2)(a)(I) OF THIS SECTION2
TO THE CONTRARY, THE OMBUDSMAN SHALL NOT HAVE ACCESS TO :3
(A) PERSONNEL FILES;4
(B) WORK PRODUCT;5
(C) INFORMATION, DOCUMENTS, OR RECORDS THAT MAY BE6
PROTECTED BY AN AGENCY'S OR ENTITY'S ATTORNEY-CLIENT PRIVILEGE;7
OR8
(D) INFORMATION, DOCUMENTS, OR RECORDS THAT MAY BE9
PROTECTED BY AN AGENCY 'S DELIBERATIVE PROCESS PRIVILEGE.10
(II) IF AN AGENCY OR ENTITY WITHHOLDS INFORMATION ,11
DOCUMENTS, OR RECORDS DESCRIBED IN SUBSECTION (2)(b)(I) OF THIS12
SECTION FROM THE OMBUDSMAN, THE AGENCY OR ENTITY SHALL13
COMMUNICATE TO THE OMBUDSMAN THAT THE INFORMATION ,14
DOCUMENTS, OR RECORDS WERE WITHHELD AND THE REASONS FOR15
WITHHOLDING THE INFORMATION , DOCUMENTS, OR RECORDS.16
(c) THE OMBUDSMAN MAY DECLINE TO INVESTIGATE A COMPLAINT17
OR CONTINUE AN INVESTIGATION . IF THE OMBUDSMAN DECLINES TO18
INVESTIGATE A COMPLAINT OR CONTINUE AN INVESTIGATION , THE OFFICE19
SHALL NOTIFY THE COMPLAINANT OF THE DECISION AND THE REASON FOR20
THE OMBUDSMAN'S ACTIONS.21
(3) I
N ADDITION TO THE DUTIES DESCRIBED IN SUBSECTION (1)(a)22
OF THIS SECTION, THE OMBUDSMAN HAS THE FOLLOWING DUTIES :23
(c)
(a) To report, as required by the provisions of section24
19-3.3-108, concerning the actions of the ombudsman related to the goals25
and duties of the office;26
(d) (b) To review the memorandum of understanding between the27
1200
-10- office and the judicial department and renegotiate such memorandum of1
understanding at any time as the office and the judicial department2
mutually deem appropriate;3
(e) (c) To act on behalf of the office and serve as signator for the4
office;5
(f) (d) To ensure accountability and consistency in the operating6
policies and procedures, including reasonable rules to administer the7
provisions of this article ARTICLE 3.3 and any other standards of conduct8
and reporting requirements as provided by law; and9
(g) (e) To serve or designate a person to serve on the youth10
restraint and seclusion working group pursuant to section 26-20-11011
(1)(i);12
(2) The ombudsman has the following powers, at a minimum:13
(a) To review issues raised by members of the community relating14
to child protection policies or procedures and make recommendations to15
the appropriate agency or entity concerning those issues;16
(b) (f) To review and evaluate the effectiveness and efficiency of17
any existing grievance resolution mechanisms and to make18
recommendations to the general assembly, executive director, and any19
appropriate agency or entity for the improvement of the grievance20
resolution mechanisms;21
(c) (g) To help educate the public concerning ISSUES AND22
RECOMMENDATIONS THE OMBUDSMAN IDENTIFIES , INCLUDING ON child23
maltreatment and the role of the community in strengthening families and24
keeping children safe;25
(d) (h) To promote best practices and effective programs relating26
to a publicly funded child protection system and to work collaboratively27
1200
-11- with county departments, when appropriate, regarding improvement of1
processes;
AND2
(e)
(i) To recommend to the general assembly, the executive3
director, and any appropriate agency or entity statutory, budgetary,4
regulatory, and administrative changes, including systemic changes, to5
improve the safety of and promote better outcomes for children and6
families receiving child protection services in Colorado.7
R
ECOMMENDATIONS MAY ADDRESS ISSUES THE OMBUDSMAN IDENTIFIES8
DURING THE COURSE OF AN INVESTIGATION OF COMPLAINTS , AS DESCRIBED9
IN SUBSECTION (1)(a) OF THIS SECTION . THE OMBUDSMAN 'S10
RECOMMENDATIONS ARE SUBJECT TO PUBLIC DISCLOSURE PURS UANT TO11
ARTICLE 72 OF TITLE 24. and
12
(f) To request, access, and review information, records, or13
documents received pursuant to subsection (1)(a)(II) of this section.14
(3) The ombudsman, employees of the office, and any persons15
acting on behalf of the office shall comply with all state and federal16
confidentiality laws that govern the department of early childhood, the17
state department, or a county department with respect to the treatment of18
confidential information or records and the disclosure of such information19
and records.20
(4) Nothing in this article shall be construed to direct or authorize21
ARTICLE 3.3 DIRECTS OR AUTHORIZES the ombudsman to intervene in any22
criminal or civil judicial proceeding or to interfere in a criminal23
investigation.24
(5) In the performance of the ombudsman's duties, the25
ombudsman shall act independently of
ANY PUBLIC AGENCY OR PROVIDER26
THAT RECEIVES PUBLIC MONEY AND THAT MAY ADVERSELY AFFECT THE27
1200
-12- SAFETY, PERMANENCY, OR WELL-BEING OF A CHILD OR YOUTH, INCLUDING1
the division within the department of early childhood that is responsible2
for child care, of the divisions within the state department that are3
responsible for child welfare or youth services, of the county departments4
of human or social services, and of all judicial AND INDEPENDENT5
agencies. including, but not limited to, the office of the child's6
representative, the office of the respondent parents' counsel, the office of7
state public defender, the office of alternate defense counsel, and the8
office of attorney regulation counsel. Any recommendations made by the9
ombudsman or positions taken by the ombudsman do not reflect those of10
ANY PUBLIC AGENCY, INCLUDING the department of early childhood, state11
department, judicial department
AND INDEPENDENT AGENCIES, or county12
departments of human or social services.13
SECTION 4. In Colorado Revised Statutes, add with amended14
and relocated provisions 19-3.3-103.4 and 19-3.3-103.5 as follows:15
19-3.3-103.4. Office of the child protection ombudsman -16
access to information. (1) (a)
(I) [Formerly 19-3.3-103 (1)(a)(II)(A)] In17
investigating a complaint, the ombudsman OFFICE has the authority to18
request, access, and review any information, records, or documents,19
including records of third parties, that the ombudsman OFFICE deems20
necessary to conduct a thorough and independent review of a complaint21
so long as OR EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a). IN THE22
INVESTIGATION OF A COMPLAINT OR EVENT DESCRIBED IN SECTION23
19-3.3-103 (1)(a)
THAT OCCURS IN THE STATE, THE OFFICE MUST HAVE24
ACCESS TO INFORMATION, RECORDS, OR DOCUMENTS THAT either the state25
department,
THE DEPARTMENT OF EARLY CHILDHOOD ,
or a county26
department would be entitled to access or receive. such information,27
1200
-13- records, or documents.1
(II) THE OMBUDSMAN SHALL NOT HAVE ACCESS TO INFORMATION,2
DOCUMENTS, OR RECORDS DESCRIBED IN SECTION 19-3.3-103 (2)(b)(I).3
(b) (I) [Formerly 19-3.3-103 (1)(a)(II)(D)] The ombudsman4
OFFICE must have access to all information, records, or documents5
described in subsection (1)(a)(II)(A) of this section created in an6
investigation of an event or incident described in subsection (1)(a)(II)(A),7
(1)(a)(II)(B), or (1)(a)(II)(C) of this section THAT THE OFFICE DEEMS8
NECESSARY TO CONDUCT A THOROUGH AND INDEPENDENT REVIEW OF A9
COMPLAINT OR EVENT DESCRIBED IN SECTION 19-3.3-103 (1)(a) occurring10
in the state from any entity, including, but not limited to, a coroner's11
office, law enforcement agency, hospital, court, the office of state12
registrar of vital statistics described in section 25-2-103, and a13
state-licensed out-of-home placement provider, as defined in section14
26-5-104.15
(II) THE OMBUDSMAN SHALL NOT HAVE ACCESS TO INFORMATION,16
DOCUMENTS, OR RECORDS DESCRIBED IN SECTION 19-3.3-103 (2)(b)(I).17
(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of18
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this19
section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child20
fatality, near fatality, or incident of egregious abuse or neglect against a21
child, as defined in section 26-1-139 (2), upon request, the state22
department of human services' child fatality review team, pursuant to23
section 26-1-139 (5)(e), shall provide the ombudsman OFFICE the final24
confidential, case-specific review report.25
(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of26
investigating a complaint pursuant to subsection (1)(a)(I)(A) of this27
1200
-14- section DESCRIBED IN SECTION 19-3.3-103 (1)(a) that is related to a child1
fatality, upon request, the department of public health and environment's2
child fatality prevention review team, pursuant to section 25-20.5-405,3
shall provide the ombudsman OFFICE with the nonidentifying case review4
findings and recommendations.5
(2) (a) T
HE STATE DEPARTMENT SHALL ENSURE THE OFFICE HAS6
UNRESTRICTED ACCESS TO TRAILS, AS DEFINED IN SECTION 26-5-118.7
(b) FOR EDUCATIONAL PURPOSES, THE STATE DEPARTMENT SHALL8
ENSURE OFFICE EMPLOYEES ARE PERMITTED TO ATTEND THE CHILD9
WELFARE TRAINING ACADEMY ESTABLISHED IN SECTION 26-5-109.10
(3) [Formerly 19-3.3-103 (1)(a)(II)(E)] The ombudsman OFFICE11
shall request, review, and receive copies of records as described in12
subsections (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) SUBSECTION (1)13
of this section without cost if electronic records are not available.14
(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions15
of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section16
grants subpoena power to the ombudsman,
EMPLOYEES OF THE OFFICE,17
AND ANY OTHER PERSON ACTING ON BEHALF OF THE OFFICE for purposes18
of investigating a complaint pursuant to subsection (1)(a)(II)(A),
19
(1)(a)(II)(B), or (1)(a)(II)(C) of this section DESCRIBED IN SECTION20
19-3.3-103 (1)(a).21
19-3.3-103.5. Office of the child protection ombudsman -22
confidentiality. (1) T
HE OMBUDSMAN, EMPLOYEES OF THE OFFICE, AND23
ANY PERSON ACTING ON BEHALF OF THE OFFICE SHALL COMPLY WITH ALL24
STATE AND FEDERAL CONFIDENTIALITY LAWS THAT GOVERN THE25
DEPARTMENT OF EARLY CHILDHOOD , THE STATE DEPARTMENT , OR A26
COUNTY DEPARTMENT WITH RESPECT TO THE TREATMENT OF27
1200
-15- CONFIDENTIAL INFORMATION OR RECORDS AND THE DISCLOSURE OF SUCH1
INFORMATION AND RECORDS .2
(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman3
OFFICE shall treat all complaints received pursuant to subsection4
(1)(a)(I)(A) of this section SECTION 19-3.3-103 (1)(a) as confidential,5
including the identities of complainants and individuals from whom6
information is acquired; except that disclosures may be permitted if the7
ombudsman deems it necessary to enable the ombudsman to perform the8
ombudsman's duties and to support any recommendations resulting from9
an investigation. Records relating to complaints received by the office10
and the investigation of complaints are exempt from public disclosure11
pursuant to article 72 of title 24.12
(b) R
ECORDS RELATING TO COMPLAINTS RECEIVED BY THE OFFICE13
AND THE INVESTIGATION OF COMPLAINTS ARE EXEMPT FROM PUBLIC14
DISCLOSURE PURSUANT TO ARTICLE 72 OF TITLE 24.15
(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any16
employee or person acting on behalf of the ombudsman shall not be17
compelled to provide oral and written testimony in a civil or criminal18
proceeding in which the ombudsman is not a legal party. Information,19
records, or documents requested and reviewed by the ombudsman20
pursuant to this section are not subject to a subpoena issued to the21
ombudsman, discovery from the ombudsman, or introduction into22
evidence through the ombudsman in a civil or criminal proceeding in23
which the ombudsman is not a legal party. Nothing in this subsection
24
(1)(a)(I)(C) SUBSECTION (2)(a) restricts or limits the right to discover or25
use in a civil or criminal action evidence that is discoverable independent26
of the proceedings of the ombudsman.27
1200
-16- SECTION 5. In Colorado Revised Statutes, add 19-3.3-112 as1
follows:2
19-3.3-112. Office of the child protection ombudsman - access3
to state-licensed residential child care facilities and facilities -4
education of children and youth in state-licensed residential child5
care facilities and facilities. (1) (a) A
STATE-LICENSED RESIDENTIAL6
CHILD CARE FACILITY AND A FACILITY SHALL PROVIDE PHYSICAL ACCESS7
TO ITS FACILITY PURSUANT TO THIS SUBSECTION (1)(a). THE OFFICE MAY8
ONLY ACCESS A STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR9
A FACILITY IN COORDINATION WITH THE FACILITY DIRECTORS :10
(I) I
N RESPONSE TO A REQUEST FROM A CHILD OR YOUTH RESIDING11
IN THE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR FACILITY ;12
(II) I
N RESPONSE TO A REQUEST FROM A CHILD 'S OR YOUTH'S13
FAMILY MEMBER, CAREGIVER, OR OTHER CONCERNED INDIVIDUAL ; OR14
(III) T
O DISTRIBUTE MATERIALS PURSUANT TO SUBSECTION (2)(a)15
OF THIS SECTION.16
(b) A
STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR17
FACILITY SHALL NOT DENY THE OFFICE ACCESS TO THE STATE -LICENSED18
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO CARRY OUT THE19
OFFICE'S DUTIES AS DESCRIBED IN THIS SECTION OR SECTION 19-3.3-103.20
(c) D
EPENDENT UPON AVAILABLE RESOURCES AND AT THE21
DISCRETION OF THE OMBUDSMAN , THE OFFICE MAY MEET WITH THE CHILD22
OR YOUTH VIA A CONFIDENTIAL, VIRTUAL MEETING.23
(d) U
PON A CHILD'S OR YOUTH'S REQUEST, THE STATE-LICENSED24
RESIDENTIAL CHILD CARE FACILITY OR FACILITY SHALL PROVIDE A PRIVATE25
AND CONFIDENTIAL SPACE FOR THE CHILD OR YOUTH TO MEET WITH THE26
OMBUDSMAN, AN OFFICE EMPLOYEE, OR A PERSON ACTING ON BEHALF OF27
1200
-17- THE OMBUDSMAN.1
(e) T
HE OMBUDSMAN, AN EMPLOYEE OF THE OFFICE, OR A PERSON2
ACTING ON BEHALF OF THE OMBUDSMAN IS SUBJECT TO THE PROTOCOL3
AND POLICIES OF EACH STATE -LICENSED RESIDENTIAL CHILD CARE4
FACILITY AND FACILITY.5
(2) (a) T
HE OFFICE SHALL CREATE AND DISTRIBUTE OUTREACH6
MATERIALS TO STATE-LICENSED RESIDENTIAL CHILD CARE FACILITIES AND7
FACILITIES. THE MATERIALS MUST CONTAIN INFORMATION ON HOW TO8
ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND HOW TO FILE A9
COMPLAINT WITH THE OFFICE.10
(b) E
ACH STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY AND11
FACILITY SHALL DISPLAY THE MATERIALS DESCRIBED IN SUBSECTION (2)(a)12
OF THIS SECTION IN A LOCATION VISIBLE TO CHILDREN OR YOUTH13
RECEIVING SERVICES FROM THE RESIDENTIAL CHILD CARE FACILITY OR14
FACILITY.15
(c) T
HE OFFICE SHALL SUPPLY THE MATERIALS DESCRIBED IN16
SUBSECTION (2)(a) OF THIS SECTION AT THE OFFICE'S EXPENSE. THE OFFICE17
SHALL PROVIDE UPDATES ON OUTREACH EFFORTS IN ITS ANNUAL REPORT18
DESCRIBED IN SECTION 19-3.3-108.19
(d) T
HE OFFICE SHALL COORDINATE WITH EACH STATE -LICENSED20
RESIDENTIAL CHILD CARE FACILITY AND FACILITY TO PROVIDE IN -PERSON21
EDUCATIONAL COURSES TO CHILDREN AND YOUTH RESIDING IN THE22
FACILITIES ON HOW TO ACCESS THE OFFICE, THE OFFICE'S SERVICES, AND23
HOW TO FILE A COMPLAINT WITH THE OFFICE .24
(3) T
HE OFFICE AND EACH STATE-LICENSED RESIDENTIAL CHILD25
CARE FACILITY OR FACILITY SHALL OPERATE PURSUANT TO A26
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE AND EACH27
1200
-18- RESIDENTIAL CHILD CARE FACILITY OR FACILITY. THE MEMORANDUM OF1
UNDERSTANDING MUST , AT A MINIMUM, REQUIRE THAT:2
(a) T
HE OFFICE PROVIDES EACH STATE -LICENSED RESIDENTIAL3
CHILD CARE FACILITY OR FACILITY WITH NOTICE OF A CHILD'S OR YOUTH'S4
REQUEST TO VISIT WITH THE OMBUDSMAN WITHIN FORTY -EIGHT BUSINESS5
HOURS AFTER RECEIVING THE REQUEST ;6
(b) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR7
FACILITY PROVIDES THE OMBUDSMAN ACCESS TO A FACILITY AND A8
PRIVATE, CONFIDENTIAL SPACE TO MEET WITH A CHILD OR YOUTH WITHIN9
FIVE BUSINESS DAYS AFTER THE OFFICE RECEIVES THE CHILD'S OR YOUTH'S10
REQUEST TO MEET;11
(c) T
HE OFFICE PROVIDES THE STATE-LICENSED RESIDENTIAL CHILD12
CARE FACILITY OR FACILITY WITH NOTICE AT LEAST FIVE BUSINESS DAYS13
BEFORE THE OFFICE WOULD LIKE TO ENTER THE STATE -LICENSED14
RESIDENTIAL CHILD CARE FACILITY OR FACILITY TO DISTRIBUTE15
MATERIALS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION;16
(d) T
HE STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY OR17
FACILITY PROVIDES THE OFFICE WITH PROOF THAT THE MATERIALS18
DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION ARE DISPLAYED IN A19
LOCATION VISIBLE TO CHILDREN OR YOUTH AS REQUIRED PURSUANT TO20
THIS SECTION; AND21
(e) C
ERTAIN PROCESSES OCCUR TO PROVIDE A CHILD OR YOUTH A22
CONFIDENTIAL, VIRTUAL MEETING TO MEET WITH THE OMBUDSMAN , AN23
EMPLOYEE OF THE OFFICE, OR A PERSON ACTING ON BEHALF OF THE OFFICE.24
(4) T
HIS SECTION DOES NOT GRANT THE OFFICE AUTHORITY TO25
CONDUCT ACTIVITIES DESCRIBED IN PART 9 OF ARTICLE 6 OF TITLE 26.26
SECTION 6. In Colorado Revised Statutes, 19-3.3-108, add27
1200
-19- (1)(d) as follows:1
19-3.3-108. Office of the child protection ombudsman - annual2
report. (1) On or before September 1 of each year, commencing with the3
September 1 following the first fiscal year in which the office was4
established, the ombudsman shall prepare a written report that must5
include, but need not be limited to, information from the preceding fiscal6
year and any recommendations concerning the following:7
(d) U
PDATES ON OUTREACH EFFORTS TO STATE -LICENSED8
RESIDENTIAL CHILD CARE FACILITIES AND FACILITIES ESTABLISHED AND9
OPERATED BY THE DEPARTMENT OF HUMAN SERVICES AS DESCRIBED IN10
SECTION 19-3.3-112 (2)(c).11
SECTION 7. In Colorado Revised Statutes, 19-3.1-101, amend12
(3)(a) introductory portion as follows:13
19-3.1-101. Petition for dependency order for unaccompanied14
children or youth in federal custody - definition. (3) (a) The court15
shall schedule a hearing within thirty-five days after the petition is filed,16
unless a motion is made for a forthwith hearing because the child is17
approaching eighteen years of age or other emergent circumstances, in18
which case the court shall schedule the hearing within seven days. If the19
court finds the statements in the petition are supported by a20
preponderance of the evidence, the court shall declare the child dependent21
on the court. A child declared dependent pursuant to this section may be22
eligible for oversight and services by the office of the child protection23
ombudsman pursuant to section 19-3.3-103 (1)(a.5)
AS DESCRIBED IN24
SECTION 19-3.3-103 (1)(b). Upon request, the court may also issue an25
order establishing the child's eligibility for classification as a special26
immigrant juvenile under federal law, including:27
1200
-20- SECTION 8. In Colorado Revised Statutes, 25-20.5-405, amend1
(2)(d) as follows:2
25-20.5-405. Local review teams - duties - authority. (2) With3
respect to each child fatality reviewed, the local or regional review team4
shall:5
(d) Report case review findings, as appropriate, to public and6
private agencies that have responsibilities for children, including the7
office of the child protection ombudsman pursuant to section AS8
DESCRIBED IN SECTIONS 19-3.3-103 AND 19-3.3-103.4, and make9
prevention recommendations to these agencies that may help to reduce the10
number of child fatalities;11
SECTION 9. In Colorado Revised Statutes, 25-20.5-408, amend12
(2)(c)(I) as follows:13
25-20.5-408. Access to records. (2) Public access to records14
and information. (c) Release of information. (I) Members of the state15
review team, members of the local or regional review teams, a person16
who attends a review team meeting, and a person who presents17
information to a review team may release information to governmental18
agencies as necessary to fulfill the requirements of this part 4, including19
section 25-20.5-405 (2)(d) and section 19-3.3-103 (1)(a)(II)(D) SECTION20
19-3.3-103.4 (1)(b).21
SECTION 10. In Colorado Revised Statutes, 26-1-139, amend22
(5)(e) as follows:23
26-1-139. Child fatality and near fatality prevention - process24
- department of human services child fatality review team - reporting25
- rules - legislative declaration - definitions. (5) (e) The team shall26
provide the final confidential, case-specific review report to the executive27
1200
-21- director, the director for any county or community agency referenced in1
the report, the county board of human services of any county department2
with previous involvement, as defined in subsection (2)(c) of this section,3
the legislative members of the team appointed pursuant to subsection4
(6)(f) of this section, the department of public health and environment,5
and the office of the child protection ombudsman pursuant to section6
19-3.3-103 (1)(a)(II)(B) AS DESCRIBED IN SECTION 19-3.3-103.4 (1)(c)(I).7
SECTION 11. In Colorado Revised Statutes, 26-20-110, amend8
(1)(i) as follows:9
26-20-110. Youth restraint and seclusion working group -10
membership - purpose - repeal. (1) There is established within the11
division of youth services a youth restraint and seclusion working group,12
referred to in this section as the "working group". The working group13
consists of:14
(i) The child protection ombudsman or his or her THE CHILD15
PROTECTION OMBUDSMAN 'S designee pursuant to section 19-3.3-10316
(1)(g) AS DESCRIBED IN SECTION 19-3.3-103 (3)(e); and17
SECTION 12. In Colorado Revised Statutes, 27-50-108, amend18
(4)(c) as follows:19
27-50-108. Systemwide behavioral health grievance system.20
(4) On or before July 1, 2024, the BHA and state agencies shall execute21
formal data-sharing agreements addressing data sharing consistent with22
state and federal requirements, cooperation between the BHA and state23
agencies, and any other provisions necessary to implement this section.24
At a minimum, the BHA and the following entities shall execute such25
agreements:26
(c) The child protection ombudsman, appointed pursuant to27
1200
-22- section 19-3.3-103 SECTION 19-3.3-102 (3)(a)(I). All data released by the1
ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3)2
SECTION 19-3.3-103.5 (1) AND (2).3
SECTION 13. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2026 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
1200
-23-