SENATE BILL 25-151
BY SENATOR(S) Michaelson Jenet, Amabile, Ball, Bridges, Cutter, Exum,
Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Mullica, Rodriguez,
Snyder, Weissman, Winter F., Coleman;
also REPRESENTATIVE(S) Froelich and Gilchrist, Bird, Boesenecker, Brown,
Camacho, Espenoza, Hamrick, Lieder, Lindsay, McCormick, Sirota, Stewart K.,
McCluskie
.
C
ONCERNING MEASURES TO PREVENT YOUTH FROM RUNNING AWAY FROM
OUT
-OF-HOME PLACEMENTS , AND, IN CONNECTION THEREWITH ,
PREVENTING CHILDREN OR YOUTH FROM RUNNING AWAY FROM
RESIDENTIAL CHILD CARE FACILITIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Colorado provides out-of-home care to some of Colorado's most
vulnerable youth, including children or youth who are placed in
out-of-home placements for their behavioral health needs;
(b) Children or youth run away from out-of-home placements each
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. year, but Colorado does not have:
(I) A standardized statewide system in place to prevent children or
youth from running away;
(II) Protocols to actively locate children or youth while they are
gone; or
(III) A standard process to provide consistent care for children or
youth when they return to out-of-home placements;
(c) In June 2020, 12-year-old Timothy Montoya ran away from a
residential child care facility. While he was away from the residential child
care facility, he was hit by a car and killed.
(d) In response to Timothy Montoya's death, the Timothy Montoya
Task Force to Prevent Children from Running Away from Out-of-Home
Placements was formed to analyze the root causes of why children or youth
run away from out-of-home placements and to issue recommendations to
help improve the system designated to care for children or youth;
(e) The Task Force found that there is no cohesive statewide system
in place to address the needs of the children or youth who run away from
out-of-home placements;
(f) To address this problem, the Task Force issued a series of
recommendations to develop an appropriate continuum of care for children
or youth, beginning when they are admitted into an out-of-home placement
and ending after they return to the out-of-home placement after running
away; and
(g) The Task Force's recommendations to develop an appropriate
continuum of care focus on the following areas:
(I) Preventing children or youth from running away from
out-of-home placements;
(II) Responding when children or youth run away from out-of-home
placements; and
PAGE 2-SENATE BILL 25-151 (III) Ensuring that children or youth who run away receive
appropriate medical and mental evaluations and care when they return to the
out-of-home placements.
(2) (a) The general assembly finds, therefore, that the first step in the
foundation of a continuum of care for children or youth who run away from
out-of-home placements is to implement the Task Force's recommendation
regarding efforts to prevent children or youth from running away, beginning
with a focus on residential child care facilities and later expanding efforts
to other out-of-home placements.
(b) The general assembly further declares that an appropriate
continuum of care must be implemented in whole to effectively serve
children or youth.
SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as
follows:
19-3.3-112. Systems and tools to prevent children or youth from
running away - residential child care facility - report - definitions.
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
HILD OR YOUTH WHO HAS RUN AWAY " MEANS A CHILD OR
YOUTH WHO HAS LEFT AND REMAINS AWAY FROM A RESIDENTIAL CHILD
CARE FACILITY WITHOUT PERMISSION
.
(b) "R
ESIDENTIAL CHILD CARE FACILITY" HAS THE SAME MEANING AS
SET FORTH IN SECTION
26-6-903.
(2) (a) T
HE OFFICE SHALL CONDUCT A STATEWIDE INVENTORY
SURVEY OF THE PHYSICAL INFRASTRUCTURE OF RESIDENTIAL CHILD CARE
FACILITIES TO ADDRESS
, AT A MINIMUM:
(I) T
HE PHYSICAL INFRASTRUCTURE CURRENTLY IN PLACE TO DETER
CHILDREN AND YOUTH FROM RUNNING AWAY
; AND
(II) THE PHYSICAL INFRASTRUCTURE NEEDED TO DETER CHILDREN
AND YOUTH FROM RUNNING AWAY
.
(b) T
HE OFFICE SHALL CONSULT WITH THE STATE DEPARTMENT TO
PAGE 3-SENATE BILL 25-151 DEVELOP THE INVENTORY SURVEY . PHYSICAL INFRASTRUCTURE NEEDS MAY
INCLUDE
, BUT ARE NOT LIMITED TO, THE USE OF DELAYED EGRESS LOCKS ,
ALARMS, FENCING, SIGNS, AND LIGHTING.
(3) O
N OR BEFORE JULY 1, 2026, THE OFFICE SHALL SUBMIT A REPORT
TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE
, OR THEIR SUCCESSOR COMMITTEES ,
THAT SUMMARIZES THE RESULTS OF THE PHYSICAL INFRASTRUCTURE
SURVEY OF RESIDENTIAL CHILD CARE FACILITIES CONDUCTED PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, add 26-6-924 as
follows:
26-6-924. Residential child care facility - notice - policy -
definition. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
HILD" HAS THE SAME MEANING AS SET FORTH IN SECTION
19-1-103.
(b) "Y
OUTH" HAS THE SAME MEANING AS SET FORTH IN SECTION
19-1-103.
(2) (a) O
N OR BEFORE JULY 1, 2026, EACH RESIDENTIAL CHILD CARE
FACILITY IN THE STATE SHALL DEVELOP AN EFFICIENT
, WELL-STRUCTURED,
AND TRAUMA-INFORMED POLICY THAT OUTLINES HOW THE RESIDENTIAL
CHILD CARE FACILITY RESPONDS TO A CHILD OR YOUTH WHO THREATENS OR
ATTEMPTS TO RUN AWAY FROM CARE
. THE POLICY MUST INCLUDE WHETHER
THE RESIDENTIAL CHILD CARE FACILITY USES PHYSICAL RESTRAINTS
. THE
POLICY MUST INCLUDE ANY OTHER INFORMATION THE STATE DEPARTMENT
ADOPTS BY RULE PURSUANT TO SUBSECTION
(2)(c) OF THIS SECTION.
(b) E
ACH RESIDENTIAL CHILD CARE FACILITY SHALL PROVIDE A COPY
OF THE POLICY TO THE CHILD OR YOUTH AND THE CHILD
'S OR YOUTH'S
PARENT
, LEGAL GUARDIAN, OR CUSTODIAN DURING THE CHILD'S OR YOUTH'S
INTAKE AT THE RESIDENTIAL CHILD CARE FACILITY
.
(c) T
HE STATE DEPARTMENT SHALL ADOPT RULES REGARDING
ADDITIONAL INFORMATION FOR THE POLICY DESCRIBED IN SUBSECTION
(2)(a)
PAGE 4-SENATE BILL 25-151 OF THIS SECTION. IN DEVELOPING THE RULES , THE STATE DEPARTMENT
SHALL CONSULT
:
(I) T
HE OFFICE OF THE CHILD PROTECTION OMBUDSMAN ;
(II) A
DIRECTOR OF A RESIDENTIAL CHILD CARE FACILITY;
(III) A
PARENT OR FAMILY MEMBER OF A CHILD OR YOUTH WHO HAS
RUN AWAY FROM A RESIDENTIAL CHILD CARE FACILITY
;
(IV) A
YOUNG ADULT WHO RESIDED AT A RESIDENTIAL CHILD CARE
FACILITY WITHIN THE LAST SEVEN YEARS
; AND
(V) COUNTY DEPARTMENTS .
(3) W
HEN A RESIDENTIAL CHILD CARE FACILITY DISCOVERS THAT A
CHILD OR YOUTH IS MISSING FROM ITS CARE
, THE RESIDENTIAL CHILD CARE
FACILITY SHALL NOTIFY THE CHILD
'S OR YOUTH'S PARENT, LEGAL GUARDIAN,
OR CUSTODIAN AND GUARDIAN AD LITEM OR COUNSEL FOR YOUTH WITHIN
FOUR HOURS AFTER THE DISCOVERY OF THE MISSING CHILD OR YOUTH
. IF THE
RESIDENTIAL CHILD CARE FACILITY CANNOT MAKE INITIAL CONTACT WITH
THE CHILD
'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN, THE
RESIDENTIAL CHILD CARE FACILITY MUST MAKE REPEATED EFFORTS TO
NOTIFY THE CHILD
'S OR YOUTH'S PARENT, LEGAL GUARDIAN, OR CUSTODIAN.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-SENATE BILL 25-151 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
James Rashad Coleman, Sr.
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 25-151