Colorado 2025 Regular Session

Colorado Senate Bill SB151 Compare Versions

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1+First Regular Session
2+Seventy-fifth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 25-0344.01 Alana Rosen x2606
18 SENATE BILL 25-151
2-BY SENATOR(S) Michaelson Jenet, Amabile, Ball, Bridges, Cutter, Exum,
3-Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Mullica, Rodriguez,
4-Snyder, Weissman, Winter F., Coleman;
5-also REPRESENTATIVE(S) Froelich and Gilchrist, Bird, Boesenecker, Brown,
6-Camacho, Espenoza, Hamrick, Lieder, Lindsay, McCormick, Sirota, Stewart K.,
7-McCluskie
8-.
9+Senate Committees House Committees
10+Health & Human Services Health & Human Services
11+A BILL FOR AN ACT
912 C
10-ONCERNING MEASURES TO PREVENT YOUTH FROM RUNNING AWAY FROM
11-OUT
12--OF-HOME PLACEMENTS , AND, IN CONNECTION THEREWITH ,
13-PREVENTING CHILDREN OR YOUTH FROM RUNNING AWAY FROM
14-RESIDENTIAL CHILD CARE FACILITIES
15-.
16-
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-finds and declares that:
20-(a) Colorado provides out-of-home care to some of Colorado's most
21-vulnerable youth, including children or youth who are placed in
22-out-of-home placements for their behavioral health needs;
23-(b) Children or youth run away from out-of-home placements each
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. year, but Colorado does not have:
32-(I) A standardized statewide system in place to prevent children or
33-youth from running away;
34-(II) Protocols to actively locate children or youth while they are
35-gone; or
36-(III) A standard process to provide consistent care for children or
37-youth when they return to out-of-home placements;
38-(c) In June 2020, 12-year-old Timothy Montoya ran away from a
39-residential child care facility. While he was away from the residential child
40-care facility, he was hit by a car and killed.
41-(d) In response to Timothy Montoya's death, the Timothy Montoya
42-Task Force to Prevent Children from Running Away from Out-of-Home
43-Placements was formed to analyze the root causes of why children or youth
44-run away from out-of-home placements and to issue recommendations to
45-help improve the system designated to care for children or youth;
46-(e) The Task Force found that there is no cohesive statewide system
47-in place to address the needs of the children or youth who run away from
48-out-of-home placements;
49-(f) To address this problem, the Task Force issued a series of
50-recommendations to develop an appropriate continuum of care for children
51-or youth, beginning when they are admitted into an out-of-home placement
52-and ending after they return to the out-of-home placement after running
53-away; and
54-(g) The Task Force's recommendations to develop an appropriate
55-continuum of care focus on the following areas:
56-(I) Preventing children or youth from running away from
57-out-of-home placements;
58-(II) Responding when children or youth run away from out-of-home
59-placements; and
60-PAGE 2-SENATE BILL 25-151 (III) Ensuring that children or youth who run away receive
61-appropriate medical and mental evaluations and care when they return to the
62-out-of-home placements.
63-(2) (a) The general assembly finds, therefore, that the first step in the
64-foundation of a continuum of care for children or youth who run away from
65-out-of-home placements is to implement the Task Force's recommendation
66-regarding efforts to prevent children or youth from running away, beginning
67-with a focus on residential child care facilities and later expanding efforts
68-to other out-of-home placements.
69-(b) The general assembly further declares that an appropriate
70-continuum of care must be implemented in whole to effectively serve
71-children or youth.
72-SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as
73-follows:
74-19-3.3-112. Systems and tools to prevent children or youth from
75-running away - residential child care facility - report - definitions.
76-(1) A
77-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
13+ONCERNING MEASURES TO PREVENT YOUTH FROM RUNNING AWAY101
14+FROM OUT-OF-HOME PLACEMENTS , AND, IN CONNECTION102
15+THEREWITH, PREVENTING CHILDREN OR YOUTH FROM RUNNING103
16+AWAY FROM RESIDENTIAL CHILD CARE FACILITIES .104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+The Timothy Montoya task force (task force):
25+! Analyzed the root causes of why a child or youth runs away
26+from an out-of-home placement;
27+HOUSE
28+3rd Reading Unamended
29+March 31, 2025
30+HOUSE
31+2nd Reading Unamended
32+March 28, 2025
33+SENATE
34+3rd Reading Unamended
35+February 26, 2025
36+SENATE
37+Amended 2nd Reading
38+February 25, 2025
39+SENATE SPONSORSHIP
40+Michaelson Jenet, Amabile, Ball, Bridges, Coleman, Cutter, Exum, Gonzales J.,
41+Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Mullica, Rodriguez, Snyder, Weissman, Winter
42+F.
43+HOUSE SPONSORSHIP
44+Froelich and Gilchrist, Bird, Boesenecker, Brown, Camacho, Espenoza, Hamrick, Lieder,
45+Lindsay, McCluskie, McCormick, Sirota, Stewart K.
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. ! Developed consistent, prompt and effective responses to
49+recover a missing child or youth;
50+! Addressed the safety and well-being of a child or youth
51+upon the child's or youth's return to the out-of-home
52+placement; and
53+! Made recommendations.
54+The bill implements the task force recommendations that focus on
55+preventing a child or youth from running away from a residential child
56+care facility (facility).
57+The bill requires the office of the child protection ombudsman
58+(office) to contract with one or more institutions of higher education or
59+third-party consultants (contractors), on or before July 1, 2025, to:
60+! Identify and adapt a runaway risk assessment tool to predict
61+a child's or youth's risk for running away from a facility;
62+! Begin the process of developing a statewide data platform
63+to collect and store data regarding children or youth who
64+run away from facilities across the state; and
65+! Conduct an inventory survey of the physical infrastructure
66+of facilities statewide to assess the physical infrastructure
67+needs of the facilities.
68+On or before June 1, 2026, the contractors shall submit reports to
69+the office summarizing the progress and development of the runaway risk
70+assessment tool, the statewide data platform, and the inventory survey. On
71+or before July 1, 2026, the office shall submit a report to the health and
72+human services committees of the house of representatives and the senate,
73+or their successor committees, summarizing the reports of the contractors.
74+The bill requires each facility, on or before July 1, 2026, to
75+develop a policy that outlines how the facility responds to a child or youth
76+who threatens or attempts to run away from care. The policy must include
77+whether the facility uses physical restraints. Each facility shall provide a
78+copy of the policy to parents, legal guardians, or custodians during the
79+child's or youth's intake at the facility.
80+When a facility discovers that a child or youth is missing from its
81+care, the facility shall notify the child's or youth's parent, legal guardian,
82+or custodian within 24 hours after the discovery of the missing child or
83+youth. If the facility cannot make initial contact with the child's or youth's
84+parent, legal guardian, or custodian, the facility must make repeated
85+efforts to notify the child's or youth's parent, legal guardian, or custodian.
86+Be it enacted by the General Assembly of the State of Colorado:1
87+SECTION 1. Legislative declaration. (1) The general assembly2
88+finds and declares that:3
89+151-2- (a) Colorado provides out-of-home care to some of Colorado's1
90+most vulnerable youth, including children or youth who are placed in2
91+out-of-home placements for their behavioral health needs;3
92+(b) Children or youth run away from out-of-home placements each4
93+year, but Colorado does not have:5
94+(I) A standardized statewide system in place to prevent children6
95+or youth from running away;7
96+(II) Protocols to actively locate children or youth while they are8
97+gone; or9
98+(III) A standard process to provide consistent care for children or10
99+youth when they return to out-of-home placements;11
100+(c) In June 2020, 12-year-old Timothy Montoya ran away from a12
101+residential child care facility. While he was away from the residential13
102+child care facility, he was hit by a car and killed.14
103+(d) In response to Timothy Montoya's death, the Timothy15
104+Montoya Task Force to Prevent Children from Running Away from16
105+Out-of-Home Placements was formed to analyze the root causes of why17
106+children or youth run away from out-of-home placements and to issue18
107+recommendations to help improve the system designated to care for19
108+children or youth;20
109+(e) The Task Force found that there is no cohesive statewide21
110+system in place to address the needs of the children or youth who run22
111+away from out-of-home placements;23
112+(f) To address this problem, the Task Force issued a series of24
113+recommendations to develop an appropriate continuum of care for25
114+children or youth, beginning when they are admitted into an out-of-home26
115+placement and ending after they return to the out-of-home placement after27
116+151
117+-3- running away; and1
118+(g) The Task Force's recommendations to develop an appropriate2
119+continuum of care focus on the following areas:3
120+(I) Preventing children or youth from running away from4
121+out-of-home placements;5
122+(II) Responding when children or youth run away from6
123+out-of-home placements; and7
124+(III) Ensuring that children or youth who run away receive8
125+appropriate medical and mental evaluations and care when they return to9
126+the out-of-home placements.10
127+(2) (a) The general assembly finds, therefore, that the first step in11
128+the foundation of a continuum of care for children or youth who run away12
129+from out-of-home placements is to implement the Task Force's13
130+recommendation regarding efforts to prevent children or youth from14
131+running away, beginning with a focus on residential child care facilities15
132+and later expanding efforts to other out-of-home placements.16
133+(b) The general assembly further declares that an appropriate17
134+continuum of care must be implemented in whole to effectively serve18
135+children or youth.19
136+SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as20
137+follows:21
138+19-3.3-112. Systems and tools to prevent children or youth22
139+from running away - residential child care facility - report -23
140+definitions. (1) A
141+S USED IN THIS SECTION, UNLESS THE CONTEXT24
142+OTHERWISE REQUIRES:25
78143 (a) "C
79-HILD OR YOUTH WHO HAS RUN AWAY " MEANS A CHILD OR
80-YOUTH WHO HAS LEFT AND REMAINS AWAY FROM A RESIDENTIAL CHILD
81-CARE FACILITY WITHOUT PERMISSION
82-.
83-(b) "R
84-ESIDENTIAL CHILD CARE FACILITY" HAS THE SAME MEANING AS
85-SET FORTH IN SECTION
86-26-6-903.
144+HILD OR YOUTH WHO HAS RUN AWAY " MEANS A CHILD OR26
145+YOUTH WHO HAS LEFT AND REMAINS AWAY FROM A RESIDENTIAL CHILD27
146+151
147+-4- CARE FACILITY WITHOUT PERMISSION .1
148+ 2
149+(b) "RESIDENTIAL CHILD CARE FACILITY" HAS THE SAME MEANING3
150+AS SET FORTH IN SECTION 26-6-903.4
87151 (2) (a) T
88152 HE OFFICE SHALL CONDUCT A STATEWIDE INVENTORY
89-SURVEY OF THE PHYSICAL INFRASTRUCTURE OF RESIDENTIAL CHILD CARE
90-FACILITIES TO ADDRESS
91-, AT A MINIMUM:
153+5
154+SURVEY OF THE PHYSICAL INFRASTRUCTURE OF RESIDENTIAL CHILD CARE6
155+FACILITIES TO ADDRESS, AT A MINIMUM:7
92156 (I) T
93-HE PHYSICAL INFRASTRUCTURE CURRENTLY IN PLACE TO DETER
94-CHILDREN AND YOUTH FROM RUNNING AWAY
95-; AND
96-(II) THE PHYSICAL INFRASTRUCTURE NEEDED TO DETER CHILDREN
97-AND YOUTH FROM RUNNING AWAY
98-.
157+HE PHYSICAL INFRASTRUCTURE CURRENTLY IN PLACE TO
158+8
159+DETER CHILDREN AND YOUTH FROM RUNNING AWAY ; AND9
160+(II) T
161+HE PHYSICAL INFRASTRUCTURE NEEDED TO DETER CHILDREN
162+10
163+AND YOUTH FROM RUNNING AWAY .11
99164 (b) T
100165 HE OFFICE SHALL CONSULT WITH THE STATE DEPARTMENT TO
101-PAGE 3-SENATE BILL 25-151 DEVELOP THE INVENTORY SURVEY . PHYSICAL INFRASTRUCTURE NEEDS MAY
102-INCLUDE
103-, BUT ARE NOT LIMITED TO, THE USE OF DELAYED EGRESS LOCKS ,
104-ALARMS, FENCING, SIGNS, AND LIGHTING.
166+12
167+DEVELOP THE INVENTORY SURVEY . PHYSICAL INFRASTRUCTURE NEEDS13
168+MAY INCLUDE, BUT ARE NOT LIMITED TO, THE USE OF DELAYED EGRESS14
169+LOCKS, ALARMS, FENCING, SIGNS, AND LIGHTING.15
105170 (3) O
106-N OR BEFORE JULY 1, 2026, THE OFFICE SHALL SUBMIT A REPORT
107-TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
108-REPRESENTATIVES AND THE SENATE
109-, OR THEIR SUCCESSOR COMMITTEES ,
110-THAT SUMMARIZES THE RESULTS OF THE PHYSICAL INFRASTRUCTURE
111-SURVEY OF RESIDENTIAL CHILD CARE FACILITIES CONDUCTED PURSUANT TO
112-SUBSECTION
113- (2)(a) OF THIS SECTION.
114-SECTION 3. In Colorado Revised Statutes, add 26-6-924 as
115-follows:
116-26-6-924. Residential child care facility - notice - policy -
171+N OR BEFORE JULY 1, 2026, THE OFFICE SHALL SUBMIT A
172+16
173+REPORT TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE17
174+OF REPRESENTATIVES AND THE SENATE , OR THEIR SUCCESSOR18
175+COMMITTEES, THAT SUMMARIZES THE RESULTS OF THE PHYSICAL19
176+INFRASTRUCTURE SURVEY OF RESIDENTIAL CHILD CARE FACILITIES20
177+CONDUCTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. 21
178+SECTION 3. In Colorado Revised Statutes, add 26-6-924 as22
179+follows:23
180+26-6-924. Residential child care facility - notice - policy -24
117181 definition. (1) A
118-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
119-REQUIRES
120-:
182+S USED IN THIS SECTION, UNLESS THE CONTEXT25
183+OTHERWISE REQUIRES:26
121184 (a) "C
122-HILD" HAS THE SAME MEANING AS SET FORTH IN SECTION
123-19-1-103.
185+HILD" HAS THE SAME MEANING AS SET FORTH IN SECTION27
186+151
187+-5- 19-1-103.1
124188 (b) "Y
125-OUTH" HAS THE SAME MEANING AS SET FORTH IN SECTION
126-19-1-103.
189+OUTH" HAS THE SAME MEANING AS SET FORTH IN SECTION2
190+19-1-103.3
127191 (2) (a) O
128-N OR BEFORE JULY 1, 2026, EACH RESIDENTIAL CHILD CARE
129-FACILITY IN THE STATE SHALL DEVELOP AN EFFICIENT
130-, WELL-STRUCTURED,
131-AND TRAUMA-INFORMED POLICY THAT OUTLINES HOW THE RESIDENTIAL
132-CHILD CARE FACILITY RESPONDS TO A CHILD OR YOUTH WHO THREATENS OR
133-ATTEMPTS TO RUN AWAY FROM CARE
134-. THE POLICY MUST INCLUDE WHETHER
135-THE RESIDENTIAL CHILD CARE FACILITY USES PHYSICAL RESTRAINTS
136-. THE
137-POLICY MUST INCLUDE ANY OTHER INFORMATION THE STATE DEPARTMENT
138-ADOPTS BY RULE PURSUANT TO SUBSECTION
139- (2)(c) OF THIS SECTION.
192+N OR BEFORE JULY 1, 2026, EACH RESIDENTIAL CHILD4
193+CARE FACILITY IN THE STATE SHALL DEVELOP AN EFFICIENT ,
194+5
195+WELL-STRUCTURED, AND TRAUMA-INFORMED POLICY THAT OUTLINES HOW6
196+THE RESIDENTIAL CHILD CARE FACILITY RESPONDS TO A CHILD OR YOUTH7
197+WHO THREATENS OR ATTEMPTS TO RUN AWAY FROM CARE . THE POLICY8
198+MUST INCLUDE WHETHER THE RESIDENTIAL CHILD CARE FACILITY USES9
199+PHYSICAL RESTRAINTS. THE POLICY MUST INCLUDE ANY OTHER10
200+INFORMATION THE STATE DEPARTMENT ADOPTS BY RULE PURSUANT TO11
201+SUBSECTION (2)(c) OF THIS SECTION.12
140202 (b) E
141-ACH RESIDENTIAL CHILD CARE FACILITY SHALL PROVIDE A COPY
142-OF THE POLICY TO THE CHILD OR YOUTH AND THE CHILD
143-'S OR YOUTH'S
144-PARENT
145-, LEGAL GUARDIAN, OR CUSTODIAN DURING THE CHILD'S OR YOUTH'S
146-INTAKE AT THE RESIDENTIAL CHILD CARE FACILITY
147-.
203+ACH RESIDENTIAL CHILD CARE FACILITY SHALL PROVIDE A13
204+COPY OF THE POLICY TO THE CHILD OR YOUTH AND
205+ THE CHILD'S OR14
206+YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN DURING THE CHILD'S15
207+OR YOUTH'S INTAKE AT THE RESIDENTIAL CHILD CARE FACILITY .16
148208 (c) T
149-HE STATE DEPARTMENT SHALL ADOPT RULES REGARDING
150-ADDITIONAL INFORMATION FOR THE POLICY DESCRIBED IN SUBSECTION
209+HE STATE DEPARTMENT SHALL ADOPT RULES REGARDING17
210+ADDITIONAL INFORMATION FOR THE POLICY DESCRIBED IN SUBSECTION18
151211 (2)(a)
152-PAGE 4-SENATE BILL 25-151 OF THIS SECTION. IN DEVELOPING THE RULES , THE STATE DEPARTMENT
153-SHALL CONSULT
154-:
212+OF THIS SECTION. IN DEVELOPING THE RULES , THE STATE19
213+DEPARTMENT SHALL CONSULT :20
155214 (I) T
156-HE OFFICE OF THE CHILD PROTECTION OMBUDSMAN ;
215+HE OFFICE OF THE CHILD PROTECTION OMBUDSMAN ;21
157216 (II) A
158- DIRECTOR OF A RESIDENTIAL CHILD CARE FACILITY;
217+ DIRECTOR OF A RESIDENTIAL CHILD CARE FACILITY;22
159218 (III) A
160- PARENT OR FAMILY MEMBER OF A CHILD OR YOUTH WHO HAS
161-RUN AWAY FROM A RESIDENTIAL CHILD CARE FACILITY
162-;
219+ PARENT OR FAMILY MEMBER OF A CHILD OR YOUTH WHO23
220+HAS RUN AWAY FROM A RESIDENTIAL CHILD CARE FACILITY ;24
163221 (IV) A
164- YOUNG ADULT WHO RESIDED AT A RESIDENTIAL CHILD CARE
165-FACILITY WITHIN THE LAST SEVEN YEARS
166-; AND
167-(V) COUNTY DEPARTMENTS .
168-(3) W
169-HEN A RESIDENTIAL CHILD CARE FACILITY DISCOVERS THAT A
170-CHILD OR YOUTH IS MISSING FROM ITS CARE
171-, THE RESIDENTIAL CHILD CARE
172-FACILITY SHALL NOTIFY THE CHILD
173-'S OR YOUTH'S PARENT, LEGAL GUARDIAN,
174-OR CUSTODIAN AND GUARDIAN AD LITEM OR COUNSEL FOR YOUTH WITHIN
175-FOUR HOURS AFTER THE DISCOVERY OF THE MISSING CHILD OR YOUTH
176-. IF THE
177-RESIDENTIAL CHILD CARE FACILITY CANNOT MAKE INITIAL CONTACT WITH
178-THE CHILD
179-'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN, THE
180-RESIDENTIAL CHILD CARE FACILITY MUST MAKE REPEATED EFFORTS TO
181-NOTIFY THE CHILD
182-'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN.
183-SECTION 4. Safety clause. The general assembly finds,
184-determines, and declares that this act is necessary for the immediate
185-preservation of the public peace, health, or safety or for appropriations for
186-PAGE 5-SENATE BILL 25-151 the support and maintenance of the departments of the state and state
187-institutions.
188-____________________________ ____________________________
189-James Rashad Coleman, Sr.
190-Julie McCluskie
191-PRESIDENT OF SPEAKER OF THE HOUSE
192-THE SENATE OF REPRESENTATIVES
193-____________________________ ____________________________
194-Esther van Mourik Vanessa Reilly
195-SECRETARY OF CHIEF CLERK OF THE HOUSE
196-THE SENATE OF REPRESENTATIVES
197- APPROVED________________________________________
198- (Date and Time)
199- _________________________________________
200- Jared S. Polis
201- GOVERNOR OF THE STATE OF COLORADO
202-PAGE 6-SENATE BILL 25-151
222+ YOUNG ADULT WHO RESIDED AT A RESIDENTIAL CHILD CARE25
223+FACILITY WITHIN THE LAST SEVEN YEARS; AND26
224+(V) C
225+OUNTY DEPARTMENTS .27
226+151
227+-6- (3) WHEN A RESIDENTIAL CHILD CARE FACILITY DISCOVERS THAT1
228+A CHILD OR YOUTH IS MISSING FROM ITS CARE , THE RESIDENTIAL CHILD2
229+CARE FACILITY SHALL NOTIFY THE CHILD 'S OR YOUTH'S PARENT, LEGAL3
230+GUARDIAN, OR CUSTODIAN AND GUARDIAN AD LITEM OR COUNSEL FOR4
231+YOUTH WITHIN FOUR HOURS AFTER THE DISCOVERY OF THE MISSING CHILD5
232+OR YOUTH. IF THE RESIDENTIAL CHILD CARE FACILITY CANNOT MAKE6
233+INITIAL CONTACT WITH THE CHILD 'S OR YOUTH'S PARENT, LEGAL7
234+GUARDIAN, OR CUSTODIAN, THE RESIDENTIAL CHILD CARE FACILITY MUST8
235+MAKE REPEATED EFFORTS TO NOTIFY THE CHILD 'S OR YOUTH'S PARENT,9
236+LEGAL GUARDIAN, OR CUSTODIAN.10
237+ 11
238+SECTION 4. Safety clause. The general assembly finds,12
239+determines, and declares that this act is necessary for the immediate13
240+preservation of the public peace, health, or safety or for appropriations for14
241+the support and maintenance of the departments of the state and state15
242+institutions.16
243+151
244+-7-