BY REPRESENTATIVES Reeser, K. Alexander, Allen, Chavez, Clarke, Entz, George, Gotlieb, Hagedorn, Keller, Mace, Morrison, Schwarz, Udall, Veiga, and S. Williams;
also SENATORS Wham, Arnold, Bishop, Hernandez, Hopper,
J. Johnson, Linkhart, Martinez, Norton, Pascoe, Phillips,
and Rupert.
CONCERNING HOMELESS YOUTH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 186601,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
186601. Harboring a minor.
(1) (a) A person commits
aiding or harboring a runaway child if he:
(a) Knowingly aids a child in
running away from home by concealing the child's whereabouts without
reporting to the child's parent, legal guardian, or other legal
custodian or to a law enforcement agency within twentyfour
hours;
(b) Knowingly harbors a child
who has run away from home without reporting the child's whereabouts
to the child's parent, legal guardian, or other legal custodian
or to a law enforcement agency within twentyfour hours.
A PERSON COMMITS THE CRIME OF HARBORING A MINOR IF THE PERSON
KNOWINGLY PROVIDES SHELTER TO A MINOR WITHOUT THE CONSENT OF A
PARENT, GUARDIAN, OR CUSTODIAN OF THE MINOR AND IF THE PERSON
INTENTIONALLY:
(I) FAILS TO RELEASE THE MINOR TO A LAW
ENFORCEMENT OFFICER AFTER BEING REQUESTED TO DO SO BY THE OFFICER;
OR
(II) FAILS TO DISCLOSE THE LOCATION OF
THE MINOR TO A LAW ENFORCEMENT OFFICER WHEN REQUESTED TO DO SO,
IF THE PERSON KNOWS THE LOCATION OF THE MINOR AND HAD EITHER TAKEN
THE MINOR TO THAT LOCATION OR HAD ASSISTED THE MINOR IN REACHING
THAT LOCATION; OR
(III) OBSTRUCTS A LAW ENFORCEMENT OFFICER
FROM TAKING THE MINOR INTO CUSTODY; OR
(IV) ASSISTS THE MINOR IN AVOIDING OR
ATTEMPTING TO AVOID THE CUSTODY OF A LAW ENFORCEMENT OFFICER;
OR
(V) FAILS TO NOTIFY THE PARENT, GUARDIAN,
OR CUSTODIAN OF THE MINOR OR A LAW ENFORCEMENT OFFICER THAT THE
MINOR IS BEING SHELTERED WITHIN TWENTYFOUR HOURS AFTER SHELTER
HAS BEEN PROVIDED.
(b) IF THE SHELTER PROVIDED TO THE MINOR
IS BY A LICENSED CHILD CARE FACILITY, INCLUDING A LICENSED HOMELESS
YOUTH SHELTER, THE MINOR, DESPITE THE MINOR'S STATUS, MAY RESIDE
AT SUCH FACILITY OR SHELTER FOR A PERIOD NOT TO EXCEED TWO WEEKS
AFTER THE TIME OF INTAKE, PURSUANT TO THE PROCEDURES SET FORTH
IN ARTICLE 5.7 OF TITLE 26, C.R.S.
(c) IT IS A DEFENSE TO A PROSECUTION UNDER
THIS SECTION THAT THE DEFENDANT HAD CUSTODY OF THE MINOR PURSUANT
TO A COURT ORDER.
(2) For the
purposes of this section: HARBORING
A MINOR IS A CLASS 2 MISDEMEANOR.
(a) "Harbor" means to
keep secreted, cohabit with, or provide shelter for any unmarried
minor without the consent of the parent, legal guardian, or other
person having legal custody of such minor.
(b) "Home" means the
child's place of residence, including the home of any parent,
legal guardian, or other legal custodian, but the term does not
include any facility or residence under the department of human
services;
(c) "Runaway child"
means an unmarried person who is under eighteen years of age and
who has run away from home or is otherwise beyond the control
of the person's parent, legal guardian, or other legal custodian,
but the term does not include a person who is under eighteen years
of age and who is under the legal custody of the department of
human services.
(3) Aiding or harboring a runaway
child is a class 2 misdemeanor.
(4) Nothing in this section shall
be construed to apply to a peace officer acting in his official
capacity.
SECTION 2. Title
26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW ARTICLE to read:
265.7101. Short title.
THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HOMELESS
YOUTH ACT".
265.7102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "COUNTY DEPARTMENT" MEANS
THE COUNTY, CITY AND COUNTY, OR DISTRICT DEPARTMENT OF SOCIAL
SERVICES.
(2) (a) "HOMELESS YOUTH"
MEANS A YOUTH WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT IS LESS
THAN EIGHTEEN YEARS OF AGE AND WHO:
(I) LACKS A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE; OR
(II) HAS A PRIMARY NIGHTTIME RESIDENCE
THAT IS:
(A) A SUPERVISED, PUBLICLY OR PRIVATELY
OPERATED SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ACCOMMODATIONS;
OR
(B) A PUBLIC OR PRIVATE PLACE NOT DESIGNED
FOR, NOR ORDINARILY USED AS, A REGULAR SLEEPING ACCOMMODATION
FOR HUMAN BEINGS.
(b) "HOMELESS YOUTH" SHALL NOT
INCLUDE ANY INDIVIDUAL IMPRISONED OR OTHERWISE DETAINED PURSUANT
TO AN ACT OF CONGRESS OR A STATE LAW.
(3) "HOMELESS YOUTH SHELTER"
MEANS A FACILITY THAT IS LICENSED PURSUANT TO SECTION 266104.
(4) "PARENT" MEANS THE LEGAL
CUSTODIAN OR GUARDIAN OF THE YOUTH.
(5) "YOUTH" OR "CHILD"
MEANS ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT IS LESS
THAN EIGHTEEN YEARS OF AGE.
265.7103. Family reconciliation
services. (1) OUT OF MONEYS
APPROPRIATED TO THE STATE DEPARTMENT FOR FAMILY RECONCILIATION
SERVICES, THE STATE DEPARTMENT MAY ELECT TO CONTRACT DIRECTLY
WITH PRIVATE NONPROFIT ORGANIZATIONS OR ENTITIES FOR THE PROVISION
OF FAMILY INTERVENTION RECONCILIATION SERVICES OR PASS THE MONEYS
TO A COUNTY DEPARTMENT ELECTING TO PROVIDE SUCH SERVICES. IN SUCH
CIRCUMSTANCES, THE COUNTY DEPARTMENT MAY PROVIDE THE FAMILY INTERVENTION
RECONCILIATION SERVICES DIRECTLY OR THE COUNTY DEPARTMENT MAY
CONTRACT WITH PRIVATE NONPROFIT ORGANIZATIONS OR ENTITIES FOR
THE PROVISION OF SUCH SERVICES. THE COUNTY MAY ALSO CONTRACT WITH
PRIVATE NONPROFIT ORGANIZATIONS OR ENTITIES FOR THE PROVISION
OF VOLUNTARY ALTERNATIVE RESIDENCES PURSUANT TO SECTIONS 265.7107
AND 265.7108.
(2) ANY COUNTY DEPARTMENT MAY ELECT TO
ESTABLISH A PROGRAM TO PROVIDE SERVICES CONSISTENT WITH THIS ARTICLE.
IF A COUNTY DEPARTMENT SO ELECTS, IT SHALL NOTIFY THE STATE DEPARTMENT
OF SUCH ACTION, AND ANY HOMELESS YOUTH OR ANY MEMBER OF A FAMILY
THAT IS IN CONFLICT OR IS EXPERIENCING PROBLEMS WITH A HOMELESS
YOUTH MAY REQUEST FAMILY RECONCILIATION SERVICES FROM THE COUNTY
DEPARTMENT. SUCH SERVICES MAY BE PROVIDED TO ALLEVIATE PERSONAL
OR FAMILY SITUATIONS THAT PRESENT A SERIOUS AND IMMINENT THREAT
TO THE HEALTH, SAFETY, OR WELFARE OF THE YOUTH OR FAMILY AND TO
MAINTAIN INTACT FAMILIES WHEREVER POSSIBLE. SERVICES SHALL BE
PROVIDED AT THE DISCRETION OF THE COUNTY DEPARTMENT, WITHIN THE
COUNTY DEPARTMENT'S AVAILABLE RESOURCES.
(3) FAMILY RECONCILIATION SERVICES THAT
MAY BE ESTABLISHED SHALL BE DESIGNED TO DEVELOP SKILLS AND SUPPORT
WITHIN FAMILIES TO RESOLVE PROBLEMS RELATED TO HOMELESS YOUTH
OR FAMILY CONFLICTS AND MAY INCLUDE, BUT ARE NOT LIMITED TO, REFERRAL
SERVICES FOR SUICIDE PREVENTION, FAMILY PRESERVATION SERVICES,
PSYCHIATRIC OR OTHER MEDICAL CARE, OR PSYCHOLOGICAL, WELFARE,
LEGAL, EDUCATIONAL, MEDIATION, OR OTHER SOCIAL SERVICES SUCH AS
TEMPORARY SHELTER OR INDEPENDENT LIVING, AS APPROPRIATE TO THE
NEEDS OF THE YOUTH AND THE FAMILY. COUNTY DEPARTMENTS THAT ELECT
TO PROVIDE FAMILY EDUCATIONAL RECONCILIATION SERVICES SHALL WORK
IN COOPERATION WITH SCHOOL DISTRICT BOARDS OF EDUCATION PROVIDING
EDUCATIONAL SERVICES TO HOMELESS CHILDREN IN ORDER TO JOINTLY
DEVELOP EDUCATIONAL PROGRAMS FOR HOMELESS YOUTH CONSISTENT WITH
SECTION 2233103.5, C.R.S.
265.7104. Taking youth
into custody transporting to residence or child care facility
or homeless youth shelter. (1) A
LAW ENFORCEMENT OFFICER MAY TAKE A YOUTH INTO TEMPORARY CUSTODY
WITHOUT AN ORDER OF THE COURT UNDER THE FOLLOWING CIRCUMSTANCES:
(a) IF A LAW ENFORCEMENT AGENCY HAS BEEN
CONTACTED BY THE YOUTH=S
PARENT AND INFORMED THAT THE YOUTH IS ABSENT FROM PARENTAL CUSTODY
WITHOUT CONSENT; OR
(b) IF AN OFFICER HAS REASONABLE CAUSE
TO BELIEVE, CONSIDERING THE YOUTH'S AGE, THE YOUTH'S LOCATION,
AND THE TIME OF DAY, THAT THE YOUTH IS IN CIRCUMSTANCES THAT CONSTITUTE
A DANGER TO THE YOUTH'S SAFETY.
(2) LAW ENFORCEMENT CUSTODY PURSUANT TO
THIS SECTION SHALL NOT EXTEND BEYOND THE AMOUNT OF TIME REASONABLY
NECESSARY TO TRANSPORT THE YOUTH TO A DESTINATION AUTHORIZED PURSUANT
TO SUBSECTION (4) OF THIS SECTION.
(3) NOTHING IN THIS SECTION SHALL AFFECT
THE AUTHORITY OF A LAW ENFORCEMENT OFFICER TO TAKE A YOUTH INTO
CUSTODY AND FOLLOW THE PROCEDURES ESTABLISHED PURSUANT TO ARTICLE
2 OR 3 OF TITLE 19, C.R.S.
(4) A LAW ENFORCEMENT OFFICER TAKING A
YOUTH INTO CUSTODY PURSUANT TO THIS SECTION SHALL INFORM THE YOUTH
OF THE REASON FOR SUCH CUSTODY AND SHALL COMPLY WITH EITHER OF
THE FOLLOWING:
(a) THE OFFICER SHALL TRANSPORT THE YOUTH
TO THE HOME OF THE YOUTH'S PARENT. THE OFFICER RELEASING THE YOUTH
INTO THE CUSTODY OF THE YOUTH=S
PARENT SHALL INFORM THE PARENT OF THE REASON FOR TAKING THE YOUTH
INTO CUSTODY AND SHALL INFORM THE YOUTH AND THE PARENT OF THE
NATURE AND LOCATION OF ANY FAMILY RECONCILIATION SERVICES AVAILABLE
IN THEIR COMMUNITY.
(b) THE OFFICER SHALL TAKE THE YOUTH TO
A LICENSED CHILD CARE FACILITY OR TO A LICENSED HOMELESS YOUTH
SHELTER IF:
(I) THE YOUTH EVINCES FEAR OR DISTRESS
AT THE PROSPECT OF BEING RETURNED TO THE HOME OF THE YOUTH=S
PARENT;
(II) IT IS NOT PRACTICAL TO TRANSPORT
THE YOUTH TO THE HOME OF THE YOUTH'S PARENT; OR
(III) THERE IS NO PARENT AVAILABLE TO
ACCEPT CUSTODY OF THE YOUTH.
265.7105. Child care facilities
homeless youth shelters authority duties.
(1) LICENSED CHILD CARE FACILITIES AND LICENSED HOMELESS
YOUTH SHELTERS MAY PROVIDE BOTH CRISIS INTERVENTION SERVICES AND
ALTERNATIVE RESIDENTIAL SERVICES TO HOMELESS YOUTH.
(2) ANY YOUTH ADMITTED TO A LICENSED CHILD
CARE FACILITY OR LICENSED HOMELESS YOUTH SHELTER PURSUANT TO THIS
ARTICLE AND WHO IS NOT RETURNED TO THE HOME OF THE YOUTH=S
PARENT OR IS NOT PLACED IN A VOLUNTARY ALTERNATIVE RESIDENTIAL
PLACEMENT PURSUANT TO SECTION 265.7107 SHALL RESIDE
AT A FACILITY OR SHELTER DESCRIBED IN SUBSECTION (1) OF THIS SECTION
FOR A PERIOD NOT TO EXCEED TWO WEEKS FROM THE TIME OF INTAKE EXCEPT
AS OTHERWISE PROVIDED IN THIS ARTICLE. A LICENSED CHILD CARE FACILITY
OR LICENSED HOMELESS YOUTH SHELTER SHALL MAKE A CONCERTED EFFORT
TO ACHIEVE A RECONCILIATION OF THE FAMILY. IF A RECONCILIATION
AND VOLUNTARY RETURN OF THE YOUTH HAVE NOT BEEN ACHIEVED WITHIN
FORTYEIGHT HOURS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
HOLIDAYS, FROM THE TIME OF INTAKE AND THE FACILITY DOES NOT CONSIDER
IT LIKELY THAT RECONCILIATION WILL BE ACHIEVED WITHIN THE TWOWEEK
PERIOD, THEN THE DIRECTOR OF THE FACILITY OR SHELTER, OR OTHER
PERSON IN CHARGE, SHALL PROVIDE THE YOUTH AND THE YOUTH'S PARENT
WITH A STATEMENT IDENTIFYING:
(a) THE AVAILABILITY OF COUNSELING SERVICES;
(b) THE AVAILABILITY OF LONGER TERM RESIDENTIAL
ARRANGEMENTS; AND
(c) THE POSSIBILITY OF REFERRAL TO THE
COUNTY DEPARTMENT.
(3) THE STATE DEPARTMENT SHALL DEVELOP
A WRITTEN STATEMENT OF THE RIGHTS AND COUNSELING SERVICES SET
FORTH IN SUBSECTION (2) OF THIS SECTION AND SHALL DISTRIBUTE THE
STATEMENT TO EACH LAW ENFORCEMENT AGENCY, LICENSED CHILD CARE
FACILITY, AND LICENSED HOMELESS YOUTH SHELTER. EACH LAW ENFORCEMENT
OFFICER TAKING A YOUTH INTO CUSTODY PURSUANT TO THIS ARTICLE SHALL
PROVIDE THE YOUTH AND THE YOUTH'S PARENT WITH A COPY OF THE STATEMENT.
EACH LICENSED CHILD CARE FACILITY AND LICENSED HOMELESS YOUTH
SHELTER SHALL PROVIDE EACH RESIDENT YOUTH AND THE YOUTH'S PARENT
WITH A COPY OF THE STATEMENT.
265.7106. Notification.
(1) ANY PERSON WHO PROVIDES SHELTER TO A YOUTH WITHOUT
THE CONSENT OF THE YOUTH=S
PARENT AND AFTER SAID PERSON KNOWS THAT THE YOUTH IS AWAY FROM
THE HOME OF THE YOUTH=S
PARENT WITHOUT PERMISSION SHALL NOTIFY THE YOUTH=S
PARENT OR A LAW ENFORCEMENT OFFICER THAT THE YOUTH IS BEING SHELTERED
WITHIN TWENTYFOUR HOURS AFTER SHELTER HAS BEEN PROVIDED
AND AFTER ACQUIRING KNOWLEDGE THAT THE YOUTH IS AWAY FROM THE
HOME OF THE YOUTH=S
PARENT WITHOUT PERMISSION.
(2) UPON ADMISSION OF A YOUTH TO A LICENSED
CHILD CARE FACILITY OR LICENSED HOMELESS YOUTH SHELTER PURSUANT
TO THIS ARTICLE, THE FACILITY OR SHELTER SHALL:
(a) IMMEDIATELY NOTIFY THE YOUTH'S PARENT
OF THE YOUTH'S WHEREABOUTS, PHYSICAL AND EMOTIONAL CONDITION,
AND THE CIRCUMSTANCES SURROUNDING THE YOUTH'S PLACEMENT;
(b) NOTIFY THE YOUTH=S
PARENT THAT IT IS THE PARAMOUNT CONCERN OF THE FACILITY OR SHELTER
TO ACHIEVE A RECONCILIATION BETWEEN THE PARENT AND THE YOUTH,
TO REUNIFY THE FAMILY, AND TO INFORM THE PARENT ABOUT THE ALTERNATIVES
THAT ARE AVAILABLE;
(c) ARRANGE TRANSPORTATION FOR THE YOUTH TO THE RESIDENCE OF THE YOUTH=S PARENT WHEN THE YOUTH AND THE PARENT AGREE THAT THE YOUTH SHALL RETURN TO THE HOME OF THE YOUTH=S PARENT. THE PARENT SHALL REIMBURSE THE PARTY WHO PAID FOR THE TRANSPORTATION COSTS TO THE EXTENT OF THE PARENT'S ABILITY.
(d) ARRANGE TRANSPORTATION FOR THE YOUTH
TO AN ALTERNATIVE RESIDENTIAL PLACEMENT FACILITY WHEN THE YOUTH
AND THE YOUTH=S
PARENT AGREE TO SUCH PLACEMENT. THE PARENT SHALL REIMBURSE THE
APPROPRIATE PERSON FOR TRANSPORTATION COSTS TO THE EXTENT OF THE
PARENT'S ABILITY.
265.7107. Voluntary alternative
residence parental agreement. (1) ANY
AVAILABLE FAMILY RECONCILIATION SERVICES SHALL BE PROVIDED TO
A YOUTH AND THE YOUTH'S FAMILY WHEN THE YOUTH VOLUNTARILY RESIDES
ELSEWHERE THAN WITH THE YOUTH'S PARENT. A YOUTH AND THE YOUTH'S
PARENT MAY ENTER INTO AN AGREEMENT FOR A VOLUNTARY ALTERNATIVE
RESIDENCE OUT OF THE HOME. ANY AGREEMENT FOR VOLUNTARY ALTERNATIVE
RESIDENCE SHALL BE IN WRITING SIGNED BY BOTH THE YOUTH AND THE
YOUTH'S PARENT AND MAY INCLUDE, BUT IS NOT LIMITED TO, RESIDENCE
WITH A RELATIVE OR OTHER RESPONSIBLE ADULT, IN A LICENSED CHILD
CARE FACILITY, OR IN A LICENSED HOMELESS YOUTH SHELTER. VOLUNTARY
ALTERNATIVE RESIDENCE MAY CONTINUE AS LONG AS THERE IS AGREEMENT
BETWEEN THE YOUTH AND THE YOUTH=S
PARENT.
(2) AGREEMENTS FOR VOLUNTARY ALTERNATIVE
RESIDENCE PURSUANT TO SUBSECTION (1) OF THIS SECTION MAY INCLUDE
ARRANGEMENTS FOR PAYMENT TO THE PARTY PROVIDING THE RESIDENCE
FOR THE YOUTH OR OTHER RESPONSIBILITIES.
(3) A PERSON ASSUMING RESPONSIBILITY UNDER
THE AGREEMENT FOR THE PROVISION OF A RESIDENCE FOR THE YOUTH SHALL
HAVE THE AUTHORITY TO:
(a) ENROLL THE YOUTH IN THE SCHOOL DISTRICT
IN WHICH THE VOLUNTARY ALTERNATIVE RESIDENCE IS LOCATED; AND
(b) AUTHORIZE AND OBTAIN PREVENTIVE MEDICAL
AND DENTAL CARE AND TREATMENT FOR THE YOUTH.
265.7108. Voluntary alternative
residence lack of parental agreement.
(1) IF THE YOUTH AND THE YOUTH'S PARENT CANNOT AGREE
ON AN INITIAL VOLUNTARY ALTERNATIVE RESIDENCE WITHIN TWO WEEKS
AFTER ADMISSION TO THE ALTERNATIVE OUTOFHOME RESIDENCE,
A REFERRAL TO THE COUNTY DEPARTMENT MAY BE MADE.
(2) THE LICENSED CHILD CARE FACILITY OR
THE LICENSED HOMELESS YOUTH SHELTER TO WHICH THE YOUTH HAS BEEN
ADMITTED MAY ARRANGE FOR THE ESTABLISHMENT OF A SUPERVISED INDEPENDENT
LIVING ARRANGEMENT OR MAY ARRANGE A VOLUNTARY RESIDENTIAL AGREEMENT
BETWEEN THE YOUTH AND A RELATIVE OR OTHER RESPONSIBLE ADULT, A
LICENSED CHILD CARE FACILITY, OR A LICENSED HOMELESS YOUTH SHELTER
IF THE YOUTH HAS BEEN ADMITTED TO A LICENSED CHILD CARE FACILITY
OR LICENSED HOMELESS YOUTH SHELTER AND:
(a) TWO WEEKS HAVE PASSED SINCE ADMISSION;
(b) THE YOUTH'S PARENT CANNOT BE FOUND
AFTER DILIGENT EFFORT BY THE FACILITY OR SHELTER TO LOCATE SUCH
PARENT, THE YOUTH'S PARENT HAS FAILED TO RESPOND TO A NOTICE SENT
BY THE FACILITY OR SHELTER, OR THE YOUTH'S PARENT HAS RENOUNCED
RESPONSIBILITY FOR THE YOUTH; AND
(c) THE YOUTH HAS NO SUITABLE PLACE TO
LIVE OTHER THAN THE HOME OF THE YOUTH'S PARENT.
(3) A SUPERVISED INDEPENDENT LIVING ARRANGEMENT
CAN ONLY BE ESTABLISHED PURSUANT TO SUBSECTION (2) OF THIS SECTION
IF:
(a) THE YOUTH HAS NOT BEEN DEEMED TO BE
DEPENDENT ON CONTROLLED SUBSTANCES OR ALCOHOL AND IS IN NEED OF
TREATMENT;
(b) THE YOUTH IS NOT CURRENTLY DEMONSTRATING
BEHAVIOR THAT POSES A DANGER TO THE YOUTH OR OTHERS;
(c) THE YOUTH IS NOT ENGAGING IN PERSISTENT
HIGHRISK BEHAVIOR THAT RENDERS THE YOUTH INAPPROPRIATE FOR
AN INDEPENDENT LIVING ARRANGEMENT THROUGH A PLACEMENT ALTERNATIVE
COMMISSION PLAN PURSUANT TO SECTION 191116, C.R.S.,
OR FOSTER CARE PLACEMENT THROUGH THE COUNTY DEPARTMENT; AND
(d) THE YOUTH HAS AN ABILITY AND CAPACITY
TO MANAGE HIS OR HER OWN AFFAIRS, DEMONSTRATES EMOTIONAL INDEPENDENCE,
AND HAS THE OPPORTUNITY AND ABILITY TO ACHIEVE FINANCIAL INDEPENDENCE
THROUGH LEGITIMATE ACTIVITIES AND LIFE SKILLS, INCLUDING THE FOLLOWING:
(I) EDUCATIONAL ACCOMPLISHMENTS OR A PLAN
FOR ACHIEVING EDUCATIONAL GOALS;
(II) A VOCATIONAL PLAN OR GOAL; AND
(III) AN OPPORTUNITY OR ABILITY TO ACHIEVE
ADEQUATE HOUSING AND LIVING ARRANGEMENTS APART FROM THE YOUTH'S
PARENT, GUARDIAN, OR CUSTODIAN.
(4) (a) FOR THE PURPOSES OF THIS ARTICLE,
A VOLUNTARY RESIDENTIAL AGREEMENT SHALL NOT REQUIRE THE COUNTY
DEPARTMENT TO ASSUME CUSTODY OF THE YOUTH OR TO EXERCISE ANY PARENTAL
POWER OR CONTROL OVER THE YOUTH OR REQUIRE MEDICAID ASSISTANCE
UNDER ARTICLE 4 OF THIS TITLE.
(b) A PERSON ASSUMING RESPONSIBILITY FOR
THE YOUTH SHALL HAVE THE AUTHORITY TO:
(I) ENROLL THE YOUTH IN THE SCHOOL DISTRICT
IN WHICH THE YOUTH RESIDES, PURSUANT TO THE VOLUNTARY RESIDENTIAL
AGREEMENT; AND
(II) AUTHORIZE AND OBTAIN PREVENTIVE MEDICAL
AND DENTAL CARE AND TREATMENT FOR THE YOUTH.
265.7109. No use of general fund moneys.
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO GENERAL FUND
DOLLARS BE APPROPRIATED FOR THE PURPOSE OF IMPLEMENTING THE REQUIREMENTS
OF THIS SECTION.
SECTION 3. 2233103.5,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2233103.5. Attendance of
homeless children. (1) Nothing
in this article shall be construed to prohibit a child from attending
a public school without the payment of tuition solely because
the child is homeless as defined in section 221102.5.
(2) SCHOOL DISTRICT BOARDS OF EDUCATION
PROVIDING EDUCATIONAL SERVICES TO HOMELESS CHILDREN SHALL WORK
IN COOPERATION WITH ANY COUNTY, ALTERNATIVE OR CHARTER SCHOOL,
CITY AND COUNTY, OR DISTRICT DEPARTMENT OF SOCIAL SERVICES IN
THE DISTRICT IN WHICH A CHILD IS REGISTERED TO ATTEND SCHOOL IN
ORDER TO JOINTLY DEVELOP AN EDUCATIONAL PROGRAM FOR SUCH CHILD
IF THE CHILD IS RECEIVING FAMILY RECONCILIATION SERVICES PURSUANT
TO ARTICLE 5.7 OF TITLE 26, C.R.S.
SECTION 4. 266102,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
266102. Definitions.
As used in this article, unless the context otherwise requires:
(5.1) "HOMELESS YOUTH SHELTER"
MEANS A FACILITY THAT, IN ADDITION TO OTHER SERVICES IT MAY PROVIDE,
PROVIDES SERVICES AND MASS TEMPORARY SHELTER FOR A PERIOD OF THREE
DAYS OR MORE TO YOUTHS WHO ARE AT LEAST FIFTEEN YEARS OF AGE,
OR OLDER, AND WHO OTHERWISE ARE HOMELESS YOUTH AS THAT TERM IS
DEFINED IN SECTION 265.7102 (2).
SECTION 5. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 6. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO