NOTE: The governor signed this measure on 3/22/2012.
      
      
      HOUSE BILL 12-1047
      
      
      BY REPRESENTATIVES Kefalas, Gardner B., Brown, Casso, Court,
      Fields, Fischer, Hamner, Hullinghorst, Kerr A., Labuda, Massey, Peniston,
      Ryden, Schafer S., Singer, Summers, Todd, Vigil, Wilson, Young;
      also SENATORS Newell, Boyd, Jahn.
      
      
      Concerning the waiver of non-safety licensing standards for
           kinship foster care.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 26-6-106, add (6) as
      follows:
      
           26-6-106.  Standards for facilities and agencies - rules. (6) (a)  A
      county director of social services, or his or her designee, may
      approve, at his or her discretion, a waiver of non-safety licensing
      standards for kinship foster care. A waiver may only be approved
      if:
      
           (I)  It concerns non-safety licensing standards, as set forth
      by rule of the state board pursuant to paragraph (d) of this
      subsection (6);
      
           (II)  The safety and well-being of the child or children
      receiving care is not compromised; and
      
           (III)  The waiver request is in writing.
      
           (b)  In addition to an approved waiver of non-safety
      licensing standards, a county director of social services, or his or
      her designee, may limit or restrict a license issued to a kinship
      foster care entity or require that entity to enter into a
      compliance agreement to ensure the safety and well-being of the
      child or children in that entity's care.
      
           (c)  A kinship foster care entity may not appeal a denial of
      a waiver requested pursuant to paragraph (a) of this subsection
      (6).
      
           (d)  The state board shall promulgate rules concerning the
      waiver of non-safety licensing standards for kinship foster care.
      The rules shall include, but need not be limited to, a listing of
      non-safety licensing standards that may not be waived and
      circumstances in which waivers do not apply. The state board
      shall also define by rule the meaning of "kinship foster care" for
      the purposes of this subsection (6).
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO