NOTE:  This bill has been prepared for the signature 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.
      
      
      HOUSE BILL 08-1006
      
      
      BY REPRESENTATIVE(S) Jahn, Borodkin, Butcher, Carroll M., Casso,
      Frangas, Gallegos, Garza-Hicks, Kefalas, Kerr A., Kerr J., King, Labuda,
      Lambert, Levy, Looper, Lundberg, Madden, Marostica, Marshall, Massey,
      McGihon, Merrifield, Mitchell V., Primavera, Rose, Scanlan, Solano,
      Stafford, Stephens, Summers, Todd, Vaad, Weissmann, White, Benefield,
      Green, and Rice;
      also SENATOR(S) Sandoval, Boyd, Gordon, Groff, Hagedorn, Mitchell S.,
      Morse, Romer, Shaffer, Spence, Tapia, Tochtrop, Tupa, and Williams.
      
      
      Concerning visits by children in foster care with their siblings.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Part 1 of article 1 of title 19, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           19-1-128.  Foster care sibling visits - rules.  (1)  If a child in
      foster care and his or her sibling mutually request an
      opportunity to visit each other, the county department that has
      legal custody of the child shall arrange the visit within a
      reasonable amount of time and document the visit.
      
           (2)  If a child in foster care and his or her sibling mutually
      request an opportunity to visit each other on a regular basis, the
      county department that has legal custody of the child shall
      arrange the visits and ensure that the visits occur with sufficient
      frequency and duration to promote continuity in the siblings'
      relationship.
      
           (3)  If, in arranging sibling visits pursuant to this section, a
      county department determines that a requested visit between the
      siblings would not be in the best interests of one or both of the
      siblings, the county department shall deny the request and
      document its reasons for making the determination.  In
      determining whether a requested visit would be in the best
      interests of one or both of the siblings, the county department
      shall ascertain whether there is pending in any jurisdiction a
      criminal action in which either of the siblings is either a victim or
      a witness.  If such a criminal action is pending, the county
      department, before arranging any visit between the siblings, shall
      consult with the district attorney for the jurisdiction in which
      the criminal action is pending to determine whether the requested
      visit may have a detrimental effect upon the prosecution of the
      pending criminal action.
      
           (4)  Nothing in this section shall be construed to require or
      permit a county department to arrange a sibling visit if such visit
      would violate an existing protection order in any case pending in
      this state or any other state.
      
           (5)  As used in this section, "sibling" means:
      
           (a)  A sibling from birth who is descended from one or two
      mutual parents; or
      
           (b)  A stepbrother or former stepbrother or a stepsister or
      former stepsister.
      
           (6)  The state board of human services, created in section
      26-1-107, C.R.S., may promulgate rules for the implementation of
      this section.
      
           SECTION 2.   19-5-101, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           19-5-101.  Termination of the parent-child legal relationship. 
      (3)  A termination by a court of a parent-child legal relationship
      pursuant to proceedings under this section or any section
      described by subsection (1) of this section shall not be deemed to
      terminate a sibling relationship between sibling children who are
      parties to the termination of the parent-child legal relationship.
      
           SECTION 3.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                        Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO