HOUSE BILL 971293
BY REPRESENTATIVES Epps, K. Alexander, Morrison, and S. Williams;
also SENATOR Powers.
CONCERNING THE PLACEMENT OF CHILDREN IN OUTOFHOME
PLACEMENT FACILITIES WITHIN A SCHOOL DISTRICT.
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, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
191115.5. Placement of
children outofhome legislative declaration.
(1) (a) (I) THE GENERAL ASSEMBLY HEREBY FINDS
THAT THE NUMBER OF CHILDREN IN OUTOFHOME PLACEMENT
HAS INCREASED SIGNIFICANTLY. THE GENERAL ASSEMBLY FURTHER FINDS
THAT THE FACILITY IN WHICH A CHILD IS PLACED OUT OF HOME IS OFTEN
NOT LOCATED IN THE SAME SCHOOL DISTRICT AS THE CHILD'S SCHOOL
DISTRICT OF RESIDENCE. NEVERTHELESS, THE GENERAL ASSEMBLY FINDS
THAT, UNDER THE PROVISIONS OF THE "PUBLIC SCHOOL FINANCE
ACT OF 1994", ARTICLE 54 OF TITLE 22, C.R.S., CHILDREN IN
FOSTER HOME PLACEMENT ARE CONSIDERED RESIDENTS OF THE SCHOOL DISTRICT
IN WHICH THE FOSTER HOME IS LOCATED. ACCORDINGLY, THE SCHOOL DISTRICT
IN WHICH THE CHILD IS PLACED MUST ACCOMMODATE THE CHILD AND PROVIDE
THE CHILD WITH THE NECESSARY EDUCATIONAL SERVICES THAT SERVE THE
CHILD'S BEST INTERESTS WHILE ABSORBING THE COSTS ASSOCIATED WITH
SUCH SERVICES WITHIN THE CONSTRAINTS OF THE SCHOOL DISTRICT'S
EXISTING BUDGET. THE GENERAL ASSEMBLY FINDS THAT IN MANY CIRCUMSTANCES
IT IS NOT POSSIBLE TO MEET THE BEST INTERESTS OF THE CHILD IN
OUTOFHOME PLACEMENT AND THE NEEDS OF OTHER CHILDREN
ENROLLED IN THE SCHOOL DISTRICT WITHIN THE CONFINES OF THE DISTRICT'S
BUDGET.
(II) THE GENERAL ASSEMBLY DETERMINES THAT
THE NUMBER OF CHILDREN IN OUTOFHOME PLACEMENT AND
THE SEVERITY OF THEIR ATTENDANT NEEDS ARE INCREASING. THE ABILITY
TO MEET THE NEEDS OF THE CHILDREN IN OUTOFHOME PLACEMENT
IS FREQUENTLY RESTRICTED BY THE LIMITED RESOURCES AVAILABLE TO
A SCHOOL DISTRICT. FURTHERMORE, THE GENERAL ASSEMBLY FINDS THAT
THERE IS A DISPROPORTIONATELY LARGER NUMBER OF CHILDREN IN OUTOFHOME
PLACEMENT IN SOME SCHOOL DISTRICTS THAN IN OTHERS, THEREBY DIRECTLY
IMPACTING THE ABILITY OF CERTAIN SCHOOL DISTRICTS TO EFFECTIVELY
MANAGE AND FINANCE THE PROVISION OF QUALITY EDUCATIONAL SERVICES
TO ALL STUDENTS IN THOSE DISTRICTS.
(b) THE GENERAL ASSEMBLY THEREFORE DETERMINES
THAT IT WOULD SERVE THE BEST INTERESTS OF ALL CHILDREN ENROLLED
IN A SCHOOL DISTRICT IF THE NUMBER OF CHILDREN PLACED IN OUTOFHOME
PLACEMENT FACILITIES BY COUNTY DEPARTMENTS OF SOCIAL SERVICES
IN EACH OF THE VARIOUS SCHOOL DISTRICTS IS MONITORED SO THAT THE
FINANCIAL IMPACT ON ALL SCHOOL DISTRICTS THROUGHOUT THE STATE
IS MANAGEABLE AND EQUITABLE AND SO THAT THE BEST INTERESTS OF
ALL CHILDREN, WHETHER OR NOT IN OUTOFHOME PLACEMENT,
CAN BE SERVED.
(2) (a) CONTINGENT UPON IMPLEMENTATION
OF THE CHILDREN, YOUTH, AND FAMILIES AUTOMATION PROJECT IN THE
DEPARTMENT OF HUMAN SERVICES, THE DEPARTMENT SHALL MAKE THE FOLLOWING
INFORMATION AVAILABLE TO ALL COUNTY DEPARTMENTS THROUGHOUT THE
STATE:
(I) VACANCIES IN OUTOFHOME
PLACEMENT FACILITIES WITHIN EACH COUNTY;
(II) THE NUMBER OF OUTOFHOME
PLACEMENT CHILDREN ENROLLED IN EACH SCHOOL DISTRICT IN RELATION
TO THE TOTAL NUMBER OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT;
(III) A LIST OF ALL OUTOFHOME
PLACEMENT FACILITIES IN EACH SCHOOL DISTRICT; AND
(IV) TO THE EXTENT KNOWN AND WITHIN AVAILABLE
RESOURCES, A LIST OF THE TYPES OF SERVICES AVAILABLE IN EACH SCHOOL
DISTRICT TO MEET THE SPECIAL NEEDS OF CHILDREN IN OUTOFHOME
PLACEMENT.
(b) IN EVERY PROCEEDING PURSUANT TO THIS
TITLE IN WHICH THE COURT CONTEMPLATES PLACING A CHILD OUT OF HOME,
THE COUNTY DEPARTMENT SHALL MAKE RECOMMENDATIONS TO THE COURT
CONCERNING THE PROPOSED PLACEMENT. SUCH RECOMMENDATIONS SHALL
INCLUDE INFORMATION ABOUT PLACEMENT FACILITIES THAT ARE MOST ABLE
TO SERVE APPROPRIATELY THE BEST INTERESTS OF THE CHILD. IN MAKING
ITS RECOMMENDATIONS TO THE COURT, THE COUNTY DEPARTMENT SHALL
CONSIDER:
(I) THE SPECIAL NEEDS, IF ANY, OF THE
CHILD TO BE PLACED, INCLUDING THE ABILITY OF THE PROPOSED OUTOFHOME
PLACEMENT FACILITY AND THE SCHOOL DISTRICT IN WHICH THE PROPOSED
OUTOFHOME PLACEMENT FACILITY IS LOCATED TO PROVIDE
THE NECESSARY SERVICES TO MEET THOSE NEEDS;
(II) THE PROXIMITY OF THE PROPOSED OUTOFHOME
PLACEMENT FACILITY TO THE CHILD'S PARENTS' HOME, IF PARENTAL RIGHTS
HAVE NOT BEEN TERMINATED;
(III) WHETHER THE PROPOSED PLACEMENT FACILITY
IS IN THE SAME SCHOOL DISTRICT AS THE CHILD'S PARENTS' RESIDENCE;
(IV) IF THE PROPOSED PLACEMENT FACILITY
IS NOT IN THE SAME SCHOOL DISTRICT AS THE CHILD'S PARENTS' RESIDENCE
AND IF THE INFORMATION IS AVAILABLE THROUGH THE CHILDREN, YOUTH,
AND FAMILIES AUTOMATION PROJECT, THE NUMBER OF CHILDREN PLACED
OUT OF HOME BY THE COURT WHO ARE ALREADY ENROLLED IN THE SCHOOL
DISTRICT IN WHICH THE PROPOSED OUTOFHOME PLACEMENT
FACILITY IS LOCATED.
(c) IF THE RECOMMENDATION OF THE COUNTY
DEPARTMENT IS TO PLACE THE CHILD IN A PLACEMENT FACILITY THAT
IS NOT LOCATED IN THE SAME SCHOOL DISTRICT AS THE CHILD'S PARENTS'
RESIDENCE, THE PLACING COUNTY DEPARTMENT SHALL INFORM THE SCHOOL
DISTRICT IN WHICH THE CHILD'S PARENTS RESIDE OF THE RECOMMENDED
PLACEMENT.
(d) IN PLACING A CHILD OUT OF HOME, THE
COURT SHALL CONSIDER THE RECOMMENDATIONS OF THE COUNTY DEPARTMENT
AND ANY INFORMATION IT MAY HAVE CONCERNING WHETHER THE CHILD'S
EDUCATIONAL NEEDS CAN BE MET ADEQUATELY IF THE CHILD IS PLACED
IN AN OUTOFHOME PLACEMENT FACILITY LOCATED IN A SCHOOL
DISTRICT OTHER THAN THE DISTRICT IN WHICH THE CHILD'S PARENTS
RESIDE.
(e) UPON ENTRY OF THE COURT'S ORDER PLACING
A CHILD IN AN OUTOFHOME PLACEMENT FACILITY LOCATED
IN A SCHOOL DISTRICT OTHER THAN THE SCHOOL DISTRICT IN WHICH THE
CHILD'S PARENTS RESIDE, THE COUNTY DEPARTMENT SHALL ADVISE THE
SCHOOL DISTRICT IN WHICH THE CHILD'S PARENTS RESIDE OF THE COURT'S
ORDER.
(f) WHEN A SCHOOL DISTRICT IS ADVISED
BY THE COUNTY DEPARTMENT THAT A CHILD RESIDING IN THAT SCHOOL
DISTRICT IS TO BE PLACED IN AN OUTOFHOME PLACEMENT
FACILITY IN ANOTHER SCHOOL DISTRICT PURSUANT TO A COURT ORDER,
THE SCHOOL DISTRICT SHALL CONTACT THE SCHOOL DISTRICT IN WHICH
THE CHILD IS TO BE PLACED CONCERNING:
(I) THE SPECIAL EDUCATIONAL NEEDS, IF
ANY, OF THE CHILD; AND
(II) THE RESOURCES NECESSARY TO MEET THOSE
SPECIAL NEEDS.
(3) THE STATE BOARD OF EDUCATION SHALL
PROVIDE THE DEPARTMENT OF HUMAN SERVICES WITH ALL AGGREGATE, NONIDENTIFYING
INFORMATION CONCERNING STUDENT ENROLLMENT IN EVERY SCHOOL DISTRICT
IN THE STATE THAT THE DEPARTMENT OF HUMAN SERVICES MAY REQUEST
FOR PURPOSES OF IMPLEMENTING THIS SECTION.
SECTION 2. 191103
(32) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
191103. Definitions.
As used in this title or in the specified portion of this title,
unless the context otherwise requires:
(32) (a) "County department",
as used in THIS ARTICLE AND part 3 of article 3 of this title,
means the county or district department of social services.
SECTION 3. 222106
(1), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY
THE ADDITION OF A NEW PARAGRAPH to read:
222106. State board
duties. (1) It is the duty
of the state board:
(f.7) TO PROVIDE SUCH AGGREGATE, NONIDENTIFYING
INFORMATION CONCERNING STUDENT ENROLLMENT IN EVERY SCHOOL DISTRICT
IN THE STATE THAT THE DEPARTMENT OF HUMAN SERVICES MAY REQUEST
PURSUANT TO SECTION 191115.5, C.R.S.
SECTION 4. Effective
date applicability. This act shall take effect
July 1, 1997, and shall apply to children placed out of home on
or after July 1, 1999.
SECTION 5. 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