First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0760.01 Shelby Ross x4510
HOUSE BILL 25-1257
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING MATTERS RELATED TO THE RELINQUISHMENT OF A101
CHILD, AND, IN CONNECTION THEREWITH , ALLOWING THE USE102
OF A NEWBORN SAFETY DEVICE , RAISING THE AGE OF THE CHILD103
FOR VOLUNTARY RELINQUISHMENT , AND REQUIRING104
COUNSELING PRIOR TO REUNIFICATION OF A PARENT AND A105
CHILD.106
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 authorizes a fire station, hospital, or community clinic
HOUSE SPONSORSHIP
Keltie,
SENATE SPONSORSHIP
(None),
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. emergency center (authorized facility) to install a newborn safety device
on its premises for parents who voluntarily relinquish their child who is
60 days old or younger. A newborn safety device must be installed in a
conspicuous location at the authorized facility and be equipped with a
dual alarm system.
An authorized facility that installs a newborn safety device is
responsible for the cost of the installation and maintenance, shall ensure
the dual alarm system is functioning, and shall make information
available to the relinquishing parent.
Under current law, parents can voluntarily relinquish their child if
the child is less than 72 hours old. The bill allows voluntary
relinquishment up to 60 days.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. The general assembly2
finds and declares that in order to provide a safer and more supportive3
process for parents in crisis, Colorado's safe haven law must be expanded4
to allow the voluntary relinquishment of infants up to 60 days old at5
designated facilities that are equipped with newborn safety devices that6
ensure the safety of children, provide parents with essential resources, and7
protect those involved in the relinquishment process.8
SECTION 2. In Colorado Revised Statutes, amend 19-3-304.59
as follows:10
19-3-304.5. Emergency possession of certain relinquished11
children - definitions. (1) If a parent voluntarily delivers
RELINQUISHES12
a child to a firefighter, as defined in section 18-3-201 (1.5), or a staff13
member who engages in the admission, care, or treatment of patients at14
a hospital or community clinic emergency center, as defined in subsection15
(9) of this section, when the firefighter is at a fire station or the staff16
member is at a hospital or community clinic emergency center as defined17
in subsection (9) of this section, the firefighter or staff member of the18
HB25-1257-2- hospital or community clinic emergency center AN AUTHORIZED PERSON1
AT AN AUTHORIZED FACILITY , OR IF A PARENT VOLUNTARILY2
RELINQUISHES A CHILD TO A NEWBORN SAFETY DEVICE LOCATED AT AN3
AUTHORIZED FACILITY PURSUANT TO SUBSECTION (1.5) OF THIS SECTION,4
THE AUTHORIZED PERSON shall, without a court order, take temporary5
physical custody of the child if:6
(a) The child is seventy-two hours SIXTY DAYS old or younger;7
and8
(b) The parent did not express an intent to return for the child.9
(1.5) (a) A
N AUTHORIZED FACILITY MAY INSTALL A NEWBORN10
SAFETY DEVICE ON THE PREMISES OF THE AUTHORIZED FACILITY . A11
NEWBORN SAFETY DEVICE MUST BE :12
(I) I
NSTALLED IN A CONSPICUOUS LOCATION AT THE AUTHORIZED13
FACILITY WITHIN A STRUCTURAL WALL THAT HAS AN EXTERIOR DOOR14
THAT AUTOMATICALLY LOCKS UPON PLACEMENT OF THE NEWBORN INSIDE15
THE NEWBORN SAFETY DEVICE AND THAT HAS AN INTERIOR DOOR THAT16
ALLOWS AN AUTHORIZED PERSON TO SECURE THE RELINQUISHED17
NEWBORN FROM INSIDE THE BUILDING ; AND18
(II) E
QUIPPED WITH A DUAL ALARM SYSTEM .19
(b) A
N AUTHORIZED FACILITY THAT INSTALLS A NEWBORN SAFETY20
DEVICE PURSUANT TO THIS SECTION:21
(I) I
S RESPONSIBLE FOR THE COST OF THE INSTALLATION AND22
MAINTENANCE OF THE NEWBORN SAFETY DEVICE ;23
(II) S
HALL ENSURE THE DUAL ALARM SYSTEM IS IN WORKING24
ORDER BY TESTING THE DUAL ALARM SYSTEM AT LEAST ONE TIME EACH25
WEEK AND VISUALLY INSPECTING THE DUAL ALARM SYSTEM AT LEAST26
TWO TIMES EACH DAY; AND27
HB25-1257
-3- (III) SHALL MAKE INFORMATION AVAILABLE TO THE1
RELINQUISHING PARENT AT THE SITE OF THE NEWBORN SAFETY DEVICE2
THAT INCLUDES:3
(A) E
ASILY UNDERSTOOD INFORMATION ABOUT REUNIFICATION4
AND REQUIRED GENETIC TESTING PURSUANT TO SECTION 13-25-126;5
(B) I
NFORMATION ABOUT AVAILABLE COUNSELING RESOURCES ;6
(C) I
NFORMATION ABOUT AVAILABLE MEDICAL SERVICES FOR THE7
PARENT RELINQUISHING THE NEWBORN ; AND8
(D) A
NY OTHER INFORMATION THAT THE NEWBORN SAFETY9
DEVICE MANUFACTURER OR THE AUTHORIZED FACILITY DETERMINES MAY10
BE HELPFUL.11
(2) If a firefighter or staff member of a hospital or community
12
clinic emergency center AN AUTHORIZED PERSON takes temporary physical13
custody of a child pursuant to subsection (1) of this section, the firefighter14
or staff member AUTHORIZED PERSON shall:15
(a) I
F THE AUTHORIZED PERSON IS A HEALTH-CARE PROFESSIONAL,16
CONDUCT A BRIEF HEALTH SCREENING OF THE CHILD AND CREATE A17
REPORT THAT INCLUDES INFORMATION ABOUT THE IMMEDIATE MEDICAL18
CARE PROVIDED TO THE CHILD AND ANY LONG -TERM HEALTH SERVICES19
THAT THE CHILD MAY NEED;20
(a)
(b) Perform any act necessary, in accordance with generally21
accepted standards of professional practice, to protect, preserve, or aid the22
physical health or safety of the child during the temporary physical23
custody; and24
(b) (c) Notify a law enforcement officer and the county25
department of the abandonment RELINQUISHMENT within twenty-four26
FOUR hours after the abandonment RELINQUISHMENT.27
HB25-1257
-4- (3) A firefighter or staff member of a hospital or community clinic1
emergency center shall incur no AN AUTHORIZED PERSON IS INDEMNIFIED2
AGAINST civil or criminal liability for any good faith acts or omissions3
performed pursuant to this section,
INCLUDING, BUT NOT LIMITED TO,4
TAKING A CHILD INTO TEMPORARY PHYSICAL CUSTODY , ENSURING THE5
SAFETY OF THE CHILD, AND FACILITATING THE CHILD 'S ACCESS TO6
APPROPRIATE CARE AND SERVICES .7
(4) Upon receipt of notice pursuant to subsection (2) of this8
section, a law enforcement officer shall take the abandoned
9
RELINQUISHED child into temporary custody pursuant to section 19-3-401.10
(4.5) Any document prepared by a firefighter, a hospital or11
community clinic emergency center staff member, AN AUTHORIZED12
PERSON or a law enforcement officer pursuant to this section is a13
dependency and neglect record and is subject to the confidentiality14
provisions of section 19-1-307.15
(5) Each county department of human or social services shall16
maintain and update on a monthly basis a report of the number of children17
who have been abandoned RELINQUISHED pursuant to this section. Each18
county department of human or social services shall submit such THE19
information to the state department. of human services.20
(6) Notwithstanding section 24-1-136 (11)(a)(I), the state21
department of human services shall submit an annual report to the general22
assembly not later than March 1 that compiles the monthly reports,23
required pursuant to subsection (5) of this section, of the number of24
children abandoned RELINQUISHED pursuant to this section.25
(7) The general assembly hereby finds, determines, and declares26
that a county department of human or social services shall place an27
HB25-1257
-5- abandoned A RELINQUISHED child with a potential adoptive parent OR1
FOSTER PARENT as soon as possible. The general assembly further2
declares that, as soon as lawfully possible, a county department of human3
or social services shall proceed with a motion to terminate the parental4
rights of a parent who abandons RELINQUISHES a child.5
(8) A parent who utilizes the provisions of this section shall not,6
for that reason alone, be found to be responsible in a confirmed report of7
abuse or neglect.8
(9) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
REQUIRES:10
(a) "A
UTHORIZED FACILITY" MEANS A FIRE STATION, HOSPITAL,11
FREESTANDING EMERGENCY DEPARTMENT , OR COMMUNITY CLINIC12
EMERGENCY CENTER.13
(b) "A
UTHORIZED PERSON" MEANS A FIREFIGHTER, AS DEFINED IN14
SECTION 18-3-201, OR A STAFF MEMBER, VOLUNTEER, OR CONTRACT15
EMPLOYEE WHO ENGAGES IN THE ADMISSION , CARE, OR TREATMENT OF16
PATIENTS AT A HOSPITAL, FREESTANDING EMERGENCY DEPARTMENT , OR17
COMMUNITY CLINIC EMERGENCY CENTER .18
(c) "Community clinic emergency center" means a community19
clinic licensed by the department of public health and environment20
pursuant to section 25-3-101 (2)(a)(I)(B) that:21
(a)
(I) Delivers emergency services; and22
(b) (II) Provides emergency care twenty-four hours per day and23
seven days a week throughout the year, except if located in a rural or24
frontier area that does not have the demand to support twenty-four-hour25
service or only operates each year during a specified time period due to26
seasonal population influx.27
HB25-1257
-6- (d) "FREESTANDING EMERGENCY DEPARTMENT " MEANS A HEALTH1
FACILITY AS DEFINED IN AND REQUIRED TO BE LICENSED PURSUANT TO2
SECTION 25-1.5-114.3
SECTION 3. In Colorado Revised Statutes, 19-1-115, amend4
(7)(b) as follows:5
19-1-115. Legal custody - guardianship - placement out of the6
home - petition for review for need of placement. (7) Reasonable7
efforts are not required to prevent the child's removal from the home or8
to reunify the child and the family in the following circumstances:9
(b) When the parental rights of the parent with respect to a sibling10
of the child have been involuntarily terminated; unless the prior sibling11
termination resulted from a parent delivering RELINQUISHING a child to a12
firefighter or a staff member of a hospital or community clinic emergency13
center, as defined in section 19-3-304.5 (9), AN AUTHORIZED PERSON OR14
NEWBORN SAFETY DEVICE pursuant to the provisions of section15
19-3-304.5; or16
SECTION 4. In Colorado Revised Statutes, 19-3-401, add (4) as17
follows:18
19-3-401. Taking children into custody. (4) I
F A NEWBORN19
CHILD IS TAKEN INTO TEMPORARY PROTECTIVE CUSTODY PURSUANT TO20
SECTION 19-3-304.5, AND IF THE CHILD'S IDENTIFIABLE BIRTH PARENT OR21
PARENTS ATTEMPTS TO REUNIFY WITH THE CHILD , THE COURT SHALL22
ORDER THE PARENT OR PARENTS TO UNDERGO COUNSELING OR PARENTING23
CLASSES PRIOR TO SUCH REUNIFICATION.24
SECTION 5. In Colorado Revised Statutes, 22-1-128, amend25
(6)(j) as follows:26
22-1-128. Comprehensive human sexuality education -27
HB25-1257
-7- guidelines and content standards - legislative declaration -1
definitions. (6) Human sexuality instruction is not required. However,2
if a school district, board of cooperative services, charter school, or3
institute charter school offers human sexuality instruction, the instruction4
must be comprehensive and meet the comprehensive human sexuality5
education content requirements. These requirements must:6
(j) Provide age-appropriate information concerning sections7
18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally8
as "safe haven laws", relating to the safe abandonment RELINQUISHMENT9
of a child to a firefighter at a fire station or to a staff member at a hospital10
or a community clinic emergency center AN AUTHORIZED PERSON OR11
NEWBORN SAFETY DEVICE within the first seventy-two hours SIXTY DAYS12
of the child's life.13
SECTION 6. In Colorado Revised Statutes, 22-25-103, amend14
(3)(n) as follows:15
22-25-103. Definitions. As used in this article 25, unless the16
context otherwise requires:17
(3) "Comprehensive health education" means a planned,18
sequential health program of learning experiences in preschool,19
kindergarten, and grades one through twelve that must include, but is not20
limited to, the following topics:21
(n) If not included in other curricula or programs provided to22
students, age-appropriate information concerning sections 18-6-401 (9)23
and 19-3-304.5, or any successor laws, referred to generally as "safe24
haven laws", relating to the safe abandonment RELINQUISHMENT of a25
child to a firefighter at a fire station, or to a staff member at a hospital or26
a community clinic emergency center AN AUTHORIZED PERSON OR27
HB25-1257
-8- NEWBORN SAFETY DEVICE within the first seventy-two hours SIXTY DAYS1
of the child's life.2
SECTION 7. In Colorado Revised Statutes, 18-6-401, amend3
(9)(a); and repeal (9)(b) as follows:4
18-6-401. Child abuse - definition. (9) (a) If a parent is charged5
with permitting a child to be unreasonably placed in a situation that poses6
a threat of injury to the child's life or health, pursuant to subsection (1)(a)7
of this section, and the child was seventy-two hours SIXTY DAYS old or8
younger at the time of the alleged offense, it is an affirmative defense to9
the charge that the parent safely, reasonably, and knowingly handed10
RELINQUISHED the child over to a firefighter, as defined in section11
18-3-201 (1.5), or to a staff member who engages in the admission, care,12
or treatment of patients at a hospital or community clinic emergency13
center, as defined in subsection (9)(b) of this section, when the firefighter14
is at a fire station, or the staff member is at a hospital or community clinic15
emergency center, as defined in subsection (9)(b) of this section TO AN16
AUTHORIZED PERSON AT AN AUTHORIZED FACILITY OR TO A NEWBORN17
SAFETY DEVICE LOCATED AT AN AUTHORIZED FACILITY PURSUANT TO18
SECTION 19-3-304.5.19
(b) "Community clinic emergency center" means a community20
clinic licensed by the department of public health and environment21
pursuant to section 25-3-101 (2)(a)(I)(B) that:22
(I) Delivers emergency services; and23
(II) Provides emergency care twenty-four hours per day and seven24
days a week throughout the year, except if located in a rural or frontier25
area that does not have the demand to support twenty-four-hour service26
or only operates each year during a specified time period due to seasonal27
HB25-1257
-9- population influx.1
SECTION 8. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly; except4
that, if a referendum petition is filed pursuant to section 1 (3) of article V5
of the state constitution against this act or an item, section, or part of this6
act within such period, then the act, item, section, or part will not take7
effect unless approved by the people at the general election to be held in8
November 2026 and, in such case, will take effect on the date of the9
official declaration of the vote thereon by the governor.10
HB25-1257
-10-