NOTE: The governor signed this measure on 4/21/2016.
      
      
      HOUSE BILL 16-1316
      
      
      BY REPRESENTATIVE(S) Rosenthal, Fields, Ginal, Kraft-Tharp,
      Primavera, Ryden, Singer, Vigil, Young, Lontine, Windholz;
      also SENATOR(S) Cooke, Heath, Jahn, Kefalas, Lambert,
      Martinez Humenik, Merrifield, Newell, Steadman, Tate, Todd, Woods.
      
      
      Concerning the procedures for changing venue for proceedings
           relating to a child placed in the legal custody of a county
           department of social or human services.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 19-3-201, amend (2);
      and add (1.5) and (2.5) as follows:
      
           19-3-201.  Venue. (1.5)  For purposes of determining proper
      venue, a child who is placed in the legal custody of a county
      department shall be deemed for the entire period of placement to
      reside in the county in which the child's legal parent or guardian
      resides or is located, even if the child is physically residing in a
      foster care or residential facility located in another county. In
      such circumstance, if a child is placed out of the home, the court
      shall not transfer venue pursuant to subsection (2) of this
      section during the period of out-of-home placement to any county
      other than the county in which the child's legal parent or
      guardian resides or is located.
      
           (2)  When proceedings are commenced under this article in a county
      other than that of the child's residence, the court in which proceedings were
      initiated may, on its own motion or on the motion of any interested party,
      transfer the case to the court in the county where the child child's legal
      parent or guardian resides under or is located unless any of the
      following circumstances exist:
      
           (a)  The transfer would not be detrimental to the best interests of the
      child; and
      
           (b)  Adjudication has not taken place or and the case has not been
      continued pursuant to section 19-3-505 (5);
      
           (c)  The legal parent or guardian has a history of frequent
      moves unless there is evidence of stability in the most recent
      move indicating an intent to remain in the new residence for six or
      more months, such as the legal parent or guardian has signed a
      lease whose term is six or more months;
      
           (d)  The case is likely to be closed within three to six
      months;
      
           (e)  The transfer will disrupt continuity or provisions of
      services; or
      
           (f)  The case is an expedited permanency planning case,
      unless the requirements of subsection (3) of this section have been
      met. Pursuant to subsection (3) of this section, the presumption
      that a transfer of the proceedings is not in the child's best
      interest has been rebutted by a preponderance of the evidence.
      
           (2.5)  The county attorney of a county that files a motion
      to change venue pursuant to this section shall immediately
      provide notice of the motion to the proposed receiving county.
      Upon receipt of a motion to change venue, the court shall set a
      hearing to rule on the motion. The requesting county attorney
      shall provide fourteen days written notice of the hearing to the
      office of the county attorney in the proposed receiving county,
      who shall have a right to file responsive pleadings and appear at
      the hearing.
      
           SECTION 2.  In Colorado Revised Statutes, 19-1-103, amend (32)
      (b) as follows:
      
           19-1-103.  Definitions. As used in this title or in the specified
      portion of this title, unless the context otherwise requires:
      
           (32) (b)  "County department" as used in section 19-3-211 and in
      article 3.3 of this title, means a county or a city and county department of
      human or social services.
      
           SECTION 3.  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
      10, 2016, if adjournment sine die is on May 11, 2016); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO