10 | | - | ONCERNING MEASURES TO PREVENT YOUTH FROM RUNNING AWAY FROM |
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11 | | - | OUT |
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12 | | - | -OF-HOME PLACEMENTS , AND, IN CONNECTION THEREWITH , |
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13 | | - | PREVENTING CHILDREN OR YOUTH FROM RUNNING AWAY FROM |
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14 | | - | RESIDENTIAL CHILD CARE FACILITIES |
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15 | | - | . |
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16 | | - | |
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17 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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18 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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19 | | - | finds and declares that: |
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20 | | - | (a) Colorado provides out-of-home care to some of Colorado's most |
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21 | | - | vulnerable youth, including children or youth who are placed in |
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22 | | - | out-of-home placements for their behavioral health needs; |
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23 | | - | (b) Children or youth run away from out-of-home placements each |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. year, but Colorado does not have: |
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32 | | - | (I) A standardized statewide system in place to prevent children or |
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33 | | - | youth from running away; |
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34 | | - | (II) Protocols to actively locate children or youth while they are |
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35 | | - | gone; or |
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36 | | - | (III) A standard process to provide consistent care for children or |
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37 | | - | youth when they return to out-of-home placements; |
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38 | | - | (c) In June 2020, 12-year-old Timothy Montoya ran away from a |
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39 | | - | residential child care facility. While he was away from the residential child |
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40 | | - | care facility, he was hit by a car and killed. |
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41 | | - | (d) In response to Timothy Montoya's death, the Timothy Montoya |
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42 | | - | Task Force to Prevent Children from Running Away from Out-of-Home |
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43 | | - | Placements was formed to analyze the root causes of why children or youth |
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44 | | - | run away from out-of-home placements and to issue recommendations to |
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45 | | - | help improve the system designated to care for children or youth; |
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46 | | - | (e) The Task Force found that there is no cohesive statewide system |
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47 | | - | in place to address the needs of the children or youth who run away from |
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48 | | - | out-of-home placements; |
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49 | | - | (f) To address this problem, the Task Force issued a series of |
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50 | | - | recommendations to develop an appropriate continuum of care for children |
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51 | | - | or youth, beginning when they are admitted into an out-of-home placement |
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52 | | - | and ending after they return to the out-of-home placement after running |
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53 | | - | away; and |
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54 | | - | (g) The Task Force's recommendations to develop an appropriate |
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55 | | - | continuum of care focus on the following areas: |
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56 | | - | (I) Preventing children or youth from running away from |
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57 | | - | out-of-home placements; |
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58 | | - | (II) Responding when children or youth run away from out-of-home |
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59 | | - | placements; and |
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60 | | - | PAGE 2-SENATE BILL 25-151 (III) Ensuring that children or youth who run away receive |
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61 | | - | appropriate medical and mental evaluations and care when they return to the |
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62 | | - | out-of-home placements. |
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63 | | - | (2) (a) The general assembly finds, therefore, that the first step in the |
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64 | | - | foundation of a continuum of care for children or youth who run away from |
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65 | | - | out-of-home placements is to implement the Task Force's recommendation |
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66 | | - | regarding efforts to prevent children or youth from running away, beginning |
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67 | | - | with a focus on residential child care facilities and later expanding efforts |
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68 | | - | to other out-of-home placements. |
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69 | | - | (b) The general assembly further declares that an appropriate |
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70 | | - | continuum of care must be implemented in whole to effectively serve |
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71 | | - | children or youth. |
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72 | | - | SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as |
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73 | | - | follows: |
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74 | | - | 19-3.3-112. Systems and tools to prevent children or youth from |
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75 | | - | running away - residential child care facility - report - definitions. |
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76 | | - | (1) A |
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77 | | - | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES : |
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| 13 | + | ONCERNING MEASURES TO PREVENT YOUTH FROM RUNNING AWAY101 |
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| 14 | + | FROM OUT-OF-HOME PLACEMENTS , AND, IN CONNECTION102 |
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| 15 | + | THEREWITH, PREVENTING CHILDREN OR YOUTH FROM RUNNING103 |
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| 16 | + | AWAY FROM RESIDENTIAL CHILD CARE FACILITIES .104 |
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| 17 | + | Bill Summary |
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| 18 | + | (Note: This summary applies to this bill as introduced and does |
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| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 20 | + | passes third reading in the house of introduction, a bill summary that |
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| 21 | + | applies to the reengrossed version of this bill will be available at |
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| 22 | + | http://leg.colorado.gov |
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| 23 | + | .) |
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| 24 | + | The Timothy Montoya task force (task force): |
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| 25 | + | ! Analyzed the root causes of why a child or youth runs away |
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| 26 | + | from an out-of-home placement; |
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| 27 | + | HOUSE |
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| 28 | + | 3rd Reading Unamended |
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| 29 | + | March 31, 2025 |
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| 30 | + | HOUSE |
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| 31 | + | 2nd Reading Unamended |
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| 32 | + | March 28, 2025 |
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| 33 | + | SENATE |
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| 34 | + | 3rd Reading Unamended |
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| 35 | + | February 26, 2025 |
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| 36 | + | SENATE |
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| 37 | + | Amended 2nd Reading |
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| 38 | + | February 25, 2025 |
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| 39 | + | SENATE SPONSORSHIP |
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| 40 | + | Michaelson Jenet, Amabile, Ball, Bridges, Coleman, Cutter, Exum, Gonzales J., |
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| 41 | + | Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Mullica, Rodriguez, Snyder, Weissman, Winter |
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| 42 | + | F. |
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| 43 | + | HOUSE SPONSORSHIP |
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| 44 | + | Froelich and Gilchrist, Bird, Boesenecker, Brown, Camacho, Espenoza, Hamrick, Lieder, |
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| 45 | + | Lindsay, McCluskie, McCormick, Sirota, Stewart K. |
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| 46 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 47 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 48 | + | Dashes through the words or numbers indicate deletions from existing law. ! Developed consistent, prompt and effective responses to |
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| 49 | + | recover a missing child or youth; |
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| 50 | + | ! Addressed the safety and well-being of a child or youth |
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| 51 | + | upon the child's or youth's return to the out-of-home |
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| 52 | + | placement; and |
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| 53 | + | ! Made recommendations. |
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| 54 | + | The bill implements the task force recommendations that focus on |
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| 55 | + | preventing a child or youth from running away from a residential child |
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| 56 | + | care facility (facility). |
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| 57 | + | The bill requires the office of the child protection ombudsman |
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| 58 | + | (office) to contract with one or more institutions of higher education or |
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| 59 | + | third-party consultants (contractors), on or before July 1, 2025, to: |
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| 60 | + | ! Identify and adapt a runaway risk assessment tool to predict |
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| 61 | + | a child's or youth's risk for running away from a facility; |
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| 62 | + | ! Begin the process of developing a statewide data platform |
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| 63 | + | to collect and store data regarding children or youth who |
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| 64 | + | run away from facilities across the state; and |
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| 65 | + | ! Conduct an inventory survey of the physical infrastructure |
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| 66 | + | of facilities statewide to assess the physical infrastructure |
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| 67 | + | needs of the facilities. |
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| 68 | + | On or before June 1, 2026, the contractors shall submit reports to |
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| 69 | + | the office summarizing the progress and development of the runaway risk |
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| 70 | + | assessment tool, the statewide data platform, and the inventory survey. On |
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| 71 | + | or before July 1, 2026, the office shall submit a report to the health and |
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| 72 | + | human services committees of the house of representatives and the senate, |
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| 73 | + | or their successor committees, summarizing the reports of the contractors. |
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| 74 | + | The bill requires each facility, on or before July 1, 2026, to |
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| 75 | + | develop a policy that outlines how the facility responds to a child or youth |
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| 76 | + | who threatens or attempts to run away from care. The policy must include |
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| 77 | + | whether the facility uses physical restraints. Each facility shall provide a |
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| 78 | + | copy of the policy to parents, legal guardians, or custodians during the |
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| 79 | + | child's or youth's intake at the facility. |
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| 80 | + | When a facility discovers that a child or youth is missing from its |
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| 81 | + | care, the facility shall notify the child's or youth's parent, legal guardian, |
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| 82 | + | or custodian within 24 hours after the discovery of the missing child or |
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| 83 | + | youth. If the facility cannot make initial contact with the child's or youth's |
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| 84 | + | parent, legal guardian, or custodian, the facility must make repeated |
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| 85 | + | efforts to notify the child's or youth's parent, legal guardian, or custodian. |
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| 86 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 87 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 88 | + | finds and declares that:3 |
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| 89 | + | 151-2- (a) Colorado provides out-of-home care to some of Colorado's1 |
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| 90 | + | most vulnerable youth, including children or youth who are placed in2 |
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| 91 | + | out-of-home placements for their behavioral health needs;3 |
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| 92 | + | (b) Children or youth run away from out-of-home placements each4 |
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| 93 | + | year, but Colorado does not have:5 |
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| 94 | + | (I) A standardized statewide system in place to prevent children6 |
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| 95 | + | or youth from running away;7 |
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| 96 | + | (II) Protocols to actively locate children or youth while they are8 |
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| 97 | + | gone; or9 |
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| 98 | + | (III) A standard process to provide consistent care for children or10 |
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| 99 | + | youth when they return to out-of-home placements;11 |
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| 100 | + | (c) In June 2020, 12-year-old Timothy Montoya ran away from a12 |
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| 101 | + | residential child care facility. While he was away from the residential13 |
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| 102 | + | child care facility, he was hit by a car and killed.14 |
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| 103 | + | (d) In response to Timothy Montoya's death, the Timothy15 |
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| 104 | + | Montoya Task Force to Prevent Children from Running Away from16 |
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| 105 | + | Out-of-Home Placements was formed to analyze the root causes of why17 |
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| 106 | + | children or youth run away from out-of-home placements and to issue18 |
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| 107 | + | recommendations to help improve the system designated to care for19 |
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| 108 | + | children or youth;20 |
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| 109 | + | (e) The Task Force found that there is no cohesive statewide21 |
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| 110 | + | system in place to address the needs of the children or youth who run22 |
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| 111 | + | away from out-of-home placements;23 |
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| 112 | + | (f) To address this problem, the Task Force issued a series of24 |
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| 113 | + | recommendations to develop an appropriate continuum of care for25 |
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| 114 | + | children or youth, beginning when they are admitted into an out-of-home26 |
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| 115 | + | placement and ending after they return to the out-of-home placement after27 |
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| 116 | + | 151 |
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| 117 | + | -3- running away; and1 |
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| 118 | + | (g) The Task Force's recommendations to develop an appropriate2 |
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| 119 | + | continuum of care focus on the following areas:3 |
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| 120 | + | (I) Preventing children or youth from running away from4 |
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| 121 | + | out-of-home placements;5 |
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| 122 | + | (II) Responding when children or youth run away from6 |
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| 123 | + | out-of-home placements; and7 |
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| 124 | + | (III) Ensuring that children or youth who run away receive8 |
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| 125 | + | appropriate medical and mental evaluations and care when they return to9 |
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| 126 | + | the out-of-home placements.10 |
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| 127 | + | (2) (a) The general assembly finds, therefore, that the first step in11 |
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| 128 | + | the foundation of a continuum of care for children or youth who run away12 |
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| 129 | + | from out-of-home placements is to implement the Task Force's13 |
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| 130 | + | recommendation regarding efforts to prevent children or youth from14 |
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| 131 | + | running away, beginning with a focus on residential child care facilities15 |
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| 132 | + | and later expanding efforts to other out-of-home placements.16 |
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| 133 | + | (b) The general assembly further declares that an appropriate17 |
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| 134 | + | continuum of care must be implemented in whole to effectively serve18 |
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| 135 | + | children or youth.19 |
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| 136 | + | SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as20 |
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| 137 | + | follows:21 |
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| 138 | + | 19-3.3-112. Systems and tools to prevent children or youth22 |
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| 139 | + | from running away - residential child care facility - report -23 |
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| 140 | + | definitions. (1) A |
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| 141 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT24 |
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| 142 | + | OTHERWISE REQUIRES:25 |
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164 | | - | YOUNG ADULT WHO RESIDED AT A RESIDENTIAL CHILD CARE |
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165 | | - | FACILITY WITHIN THE LAST SEVEN YEARS |
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166 | | - | ; AND |
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167 | | - | (V) COUNTY DEPARTMENTS . |
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168 | | - | (3) W |
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169 | | - | HEN A RESIDENTIAL CHILD CARE FACILITY DISCOVERS THAT A |
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170 | | - | CHILD OR YOUTH IS MISSING FROM ITS CARE |
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171 | | - | , THE RESIDENTIAL CHILD CARE |
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172 | | - | FACILITY SHALL NOTIFY THE CHILD |
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173 | | - | 'S OR YOUTH'S PARENT, LEGAL GUARDIAN, |
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174 | | - | OR CUSTODIAN AND GUARDIAN AD LITEM OR COUNSEL FOR YOUTH WITHIN |
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175 | | - | FOUR HOURS AFTER THE DISCOVERY OF THE MISSING CHILD OR YOUTH |
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176 | | - | . IF THE |
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177 | | - | RESIDENTIAL CHILD CARE FACILITY CANNOT MAKE INITIAL CONTACT WITH |
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178 | | - | THE CHILD |
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179 | | - | 'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN, THE |
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180 | | - | RESIDENTIAL CHILD CARE FACILITY MUST MAKE REPEATED EFFORTS TO |
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181 | | - | NOTIFY THE CHILD |
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182 | | - | 'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN. |
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183 | | - | SECTION 4. Safety clause. The general assembly finds, |
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184 | | - | determines, and declares that this act is necessary for the immediate |
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185 | | - | preservation of the public peace, health, or safety or for appropriations for |
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186 | | - | PAGE 5-SENATE BILL 25-151 the support and maintenance of the departments of the state and state |
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187 | | - | institutions. |
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188 | | - | ____________________________ ____________________________ |
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189 | | - | James Rashad Coleman, Sr. |
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190 | | - | Julie McCluskie |
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191 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
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192 | | - | THE SENATE OF REPRESENTATIVES |
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193 | | - | ____________________________ ____________________________ |
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194 | | - | Esther van Mourik Vanessa Reilly |
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195 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
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196 | | - | THE SENATE OF REPRESENTATIVES |
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197 | | - | APPROVED________________________________________ |
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198 | | - | (Date and Time) |
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199 | | - | _________________________________________ |
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200 | | - | Jared S. Polis |
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201 | | - | GOVERNOR OF THE STATE OF COLORADO |
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202 | | - | PAGE 6-SENATE BILL 25-151 |
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| 222 | + | YOUNG ADULT WHO RESIDED AT A RESIDENTIAL CHILD CARE25 |
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| 223 | + | FACILITY WITHIN THE LAST SEVEN YEARS; AND26 |
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| 224 | + | (V) C |
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| 225 | + | OUNTY DEPARTMENTS .27 |
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| 226 | + | 151 |
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| 227 | + | -6- (3) WHEN A RESIDENTIAL CHILD CARE FACILITY DISCOVERS THAT1 |
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| 228 | + | A CHILD OR YOUTH IS MISSING FROM ITS CARE , THE RESIDENTIAL CHILD2 |
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| 229 | + | CARE FACILITY SHALL NOTIFY THE CHILD 'S OR YOUTH'S PARENT, LEGAL3 |
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| 230 | + | GUARDIAN, OR CUSTODIAN AND GUARDIAN AD LITEM OR COUNSEL FOR4 |
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| 231 | + | YOUTH WITHIN FOUR HOURS AFTER THE DISCOVERY OF THE MISSING CHILD5 |
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| 232 | + | OR YOUTH. IF THE RESIDENTIAL CHILD CARE FACILITY CANNOT MAKE6 |
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| 233 | + | INITIAL CONTACT WITH THE CHILD 'S OR YOUTH'S PARENT, LEGAL7 |
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| 234 | + | GUARDIAN, OR CUSTODIAN, THE RESIDENTIAL CHILD CARE FACILITY MUST8 |
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| 235 | + | MAKE REPEATED EFFORTS TO NOTIFY THE CHILD 'S OR YOUTH'S PARENT,9 |
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| 236 | + | LEGAL GUARDIAN, OR CUSTODIAN.10 |
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| 237 | + | 11 |
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| 238 | + | SECTION 4. Safety clause. The general assembly finds,12 |
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| 239 | + | determines, and declares that this act is necessary for the immediate13 |
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| 240 | + | preservation of the public peace, health, or safety or for appropriations for14 |
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| 241 | + | the support and maintenance of the departments of the state and state15 |
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| 242 | + | institutions.16 |
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| 243 | + | 151 |
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| 244 | + | -7- |
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