First Regular Session

Sixty-first General Assembly

LLS NO. 97­0074.01 MN HOUSE BILL 97­1107

STATE OF COLORADO

BY REPRESENTATIVE Dean;

also SENATOR Rizzuto.

ENGROSSED

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING OUT­OF­HOME PLACEMENTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the community outreach program in child welfare. Defines the families who may be sponsor families in the community outreach program and exempts them from child care licensing requirements imposed on foster care homes. Requires that the adult members of a sponsor family provide fingerprints to the state department of human services for the purpose of having the Colorado bureau of investigation conduct a criminal background check.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 5 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

26­5­201.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  INCREASING NUMBERS OF CHILDREN IN COLORADO ARE BEING PLACED OUT OF THE HOME;

(b)  OUT­OF­HOME PLACEMENT COSTS CONTINUE TO ESCALATE IN COLORADO;

(c)  MEETING THE NEEDS OF CHILDREN AT RISK OF OUT­OF­HOME PLACEMENT REQUIRES A COMMITMENT TO EFFECTIVE DELIVERY OF CHILD WELFARE SERVICES AT BOTH THE STATE AND LOCAL LEVEL, AS WELL AS AMONG THE RESIDENTS OF THE LOCAL COMMUNITY;

(d)  RESIDENTS OF LOCAL COMMUNITIES, INCLUDING NEIGHBORS, TEACHERS, AND MEMBERS OF LOCAL CHURCH AND CIVIC GROUPS, SHOULD BE PERMITTED TO VOLUNTEER IN A MEANINGFUL WAY TO HELP SUCH CHILDREN;

(e)  THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY ACT OF 1996", PUBLIC LAW 104­193, RECOGNIZES THE NEED FOR INVOLVEMENT OF LOCAL COMMUNITIES IN EFFECTIVE SERVICE DELIVERY OF PUBLIC ASSISTANCE.

(2)  THEREFORE, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IT IS IN THE BEST INTERESTS OF CHILDREN AT IMMINENT RISK OF OUT­OF­HOME PLACEMENT TO IMPLEMENT THE COMMUNITY OUTREACH PROGRAM CREATED IN THIS PART 2.

26­5­202.  Community outreach program ­ created. (1)  THERE IS HEREBY CREATED THE COMMUNITY OUTREACH PROGRAM FOR CHILDREN WHO ARE BEING PLACED OR ARE AT IMMINENT RISK OF BEING PLACED OUT OF THE HOME.

(2)  SERVICES UNDER THE COMMUNITY OUTREACH PROGRAM SHALL CONSIST OF PLACEMENT OF A CHILD OR CHILDREN FROM ONE FAMILY AT A TIME WITH A SPONSOR FAMILY IN THE COMMUNITY UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSECTION (2). A CHILD MAY BE PLACED WITH A SPONSOR FAMILY IN THE COMMUNITY ONLY:

(a)  UPON THE WRITTEN APPROVAL OF THE PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF THE CHILD; AND

(b)  FOR A PERIOD APPROVED BY A COURT OF COMPETENT JURISDICTION OR AGREED UPON BY THE PARENT, LEGAL GUARDIAN, OR CUSTODIAN OF THE CHILD.

(3)  PRIOR TO PLACEMENT OF A CHILD WITH A SPONSOR FAMILY THE COUNTY DEPARTMENT SHALL ASSESS THE APPROPRIATENESS OF THE PLACEMENT OF THE CHILD WITH SUCH SPONSOR FAMILY.

26­5­203.  Sponsor family ­ defined. (1)  AS USED IN THIS PART 2, "SPONSOR FAMILY" MEANS A FAMILY THAT VOLUNTEERS WITH THE BOARD OF COUNTY COMMISSIONERS OR ITS DESIGNEE TO BE AVAILABLE TO FAMILIES OF CHILDREN BEING PLACED OUT OF THE HOME OR AT IMMINENT RISK OF BEING PLACED OUT OF THE HOME.

(2)  PRIOR TO PLACEMENT OF A CHILD WITH A SPONSOR FAMILY, THE MEMBERS OF THE SPONSOR FAMILY SIXTEEN YEARS OF AGE OR OLDER SHALL PROVIDE INFORMATION TO THE COUNTY DEPARTMENT FOR THE PURPOSE OF CONDUCTING A CRIMINAL BACKGROUND CHECK OF EACH PERSON SIXTEEN YEARS OF AGE OR OLDER IN THE SPONSOR FAMILY WITH THE COLORADO BUREAU OF INVESTIGATION.

(3)  SPONSOR FAMILIES SHALL BE EXEMPT FROM ANY LICENSURE AS REQUIRED IN PART 1 OF ARTICLE 6 OF THIS TITLE.

26­5­204.  Reports. (1)  A SPONSOR FAMILY SHALL SUBMIT A REPORT TO THE COUNTY DEPARTMENT FOR EACH MONTH THAT THE SPONSOR FAMILY IS PROVIDING SERVICES UNDER THE COMMUNITY OUTREACH PROGRAM. THE REPORT SHALL IDENTIFY THE TOTAL NUMBER OF CHILDREN SERVED THAT MONTH.

(2)  THE COUNTY DEPARTMENT SHALL REPORT TO THE STATE DEPARTMENT ANNUALLY ON THE FOLLOWING:

(a)  THE NUMBER OF FAMILIES IN THE COUNTY WHO VOLUNTEER TO BE SPONSOR FAMILIES;

(b)  THE NUMBER OF FAMILIES WITH CHILDREN WHO ARE SERVED BY SPONSOR FAMILIES.

26­5­205.  Repeal. THIS PART 2 IS REPEALED, EFFECTIVE JULY 1, 2001.

SECTION 2.  26­6­103 (1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

26­6­103.  Application of part ­ study. (1)  This part 1 shall not apply to:

(i)  A SPONSOR FAMILY PARTICIPATING IN THE COMMUNITY OUTREACH PROGRAM CREATED IN PART 2 OF ARTICLE 5 OF THIS TITLE.

SECTION 3.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to section 1 (3) of article V of the state constitution; 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 the official declaration of the vote thereon by proclamation of the governor.