First Regular Session
Sixty-first General Assembly
LLS NO. 970675.01D MN
HOUSE BILL 971322
STATE OF COLORADO
BY REPRESENTATIVES Adkins, George, and Reeser;
also SENATORS Hopper and Wham.
REENGROSSED
JUDICIARY
A BILL FOR AN ACT
CONCERNING CHILD WELFARE, AND MAKING AN APPROPRIATION
IN CONNECTION THEREWITH.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Abuse definition. Defines
sexual abuse and emotional abuse. Provides that reasonable parental
discipline includes reasonable corporal punishment.
Appeals. Establishes an
appeals workgroup to consider rule and statutory changes to expedite
appeals in court cases concerning relinquishment, adoption, and
dependency and neglect.
Orders of protection.
Provides that orders of protection concerning the care of the
home may require that the home meet minimum standards of safety
and sanitation.
Bases for finding a child dependent or neglected.
Adds the following bases for finding a child dependent or neglected:
That a child under age 10 committed an act that would be a delinquent
act if the child were 12 years of age or older, and that the child
will lack proper parental care as evidenced by previous incidents
of abuse or neglect of another child or children (the "prospective
harm" basis). Allows for an expedited adjudication and disposition
schedule for "prospective harm" cases.
Venue. Requires written
findings for a change in venue.
Conflict resolution process.
Requires all counties to implement a conflict resolution process.
Establishes the review process for grievances and the required
features of the conflict resolution process.
Notice of rights. Requires
that the notice of rights and remedies to parents contain disclosure
of the conflict resolution process.
Placement criteria. Establishes
placement criteria that shall govern in consideration of the placement
of children out of the home.
Placement reporting. Requires
the county department to report on the number of children who
are placed out of the home, including those placed with relatives.
Evaluation forms. Requires
the preparation and distribution of evaluation forms.
Damages for false reporting.
Allows a court in any action under title 19 or title 14, Colorado
Revised Statutes, to award damages for false reporting of cases
of suspected child abuse and neglect. Requires the referral of
the name of the person making the false report to the district
attorney for possible prosecution.
Selfabuse. Establishes
procedures for the reporting and consideration of cases of selfabusive
children.
Investigations. Requires
an investigation of a report of suspected child abuse or neglect
to consider the credibility of the source or the report.
Interviews. Requires interviews
of a child to be audiotaped or videotaped.
Immunity. Provides an
exception to the immunity for persons reporting and investigating
suspected child abuse and neglect for persons who are convicted
of a misdemeanor for false reporting.
Intervenors. Allows grandparents,
relatives, foster parents, or other interested parties to intervene
as a matter of right following an adjudication with or without
counsel.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 191103 (1), (32), and (103), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended to read:
191103. Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires:
(1) (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title, means an act or omission in one of the following categories that threatens the health or welfare of a child:
(I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence;
(II) Any case
in which a child is subjected to sexual assault or molestation,
sexual exploitation, or prostitution;
ANY CASE IN WHICH A CHILD IS SUBJECTED TO SEXUAL ABUSE. SEXUAL
ABUSE OF A CHILD INCLUDES BUT SHALL NOT BE LIMITED TO ONE OR MORE
OF THE FOLLOWING ACTS:
(A) ANY PENETRATION, HOWEVER SLIGHT, OF THE VAGINA OR ANAL OPENING OF A CHILD BY THE PENIS OF ANOTHER, WHETHER OR NOT THERE IS EMISSION OF SEMEN;
(B) ANY SEXUAL CONTACT BETWEEN THE GENITALS OR ANAL OPENING OF A CHILD AND THE MOUTH OR TONGUE OF ANOTHER PERSON;
(C) ANY INTRUSION BY ONE PERSON INTO THE GENITALS OR ANAL OPENING OF A CHILD, INCLUDING THE USE OF ANY OBJECT FOR THIS PURPOSE; EXCEPT THAT SEXUAL ABUSE DOES NOT INCLUDE ANY ACT INTENDED FOR A VALID MEDICAL PURPOSE;
(D) THE INTENTIONAL TOUCHING OF THE GENITALS OR INTIMATE PARTS, INCLUDING THE BREASTS, GENITAL AREA, GROIN, INNER THIGHS, AND BUTTOCKS, OR THE CLOTHING COVERING THEM, OF EITHER THE CHILD OR THE PERPETRATOR; EXCEPT THAT SEXUAL ABUSE DOES NOT INCLUDE ANY ACT THAT MAY REASONABLY BE CONSTRUED TO BE A NORMAL CARETAKER RESPONSIBILITY, AN INTERACTION WITH OR AFFECTION FOR A CHILD, OR ANY ACT INTENDED FOR A VALID MEDICAL PURPOSE;
(E) THE INTENTIONAL MASTURBATION OF THE PERPETRATOR'S GENITALS IN THE PRESENCE OF A CHILD;
(F) THE INTENTIONAL EXPOSURE OF THE PERPETRATOR'S GENITALS IN THE PRESENCE OF A CHILD OR ANY OTHER SEXUAL ACT INTENTIONALLY PERPETRATED IN THE PRESENCE OF A CHILD, IF THE EXPOSURE OR SEXUAL ACT IS FOR THE PURPOSE OF SEXUAL AROUSAL OR GRATIFICATION, AGGRESSION, DEGRADATION, OR OTHER SIMILAR PURPOSE;
(G) THE SEXUAL EXPLOITATION OF A CHILD, WHICH INCLUDES ALLOWING, ENCOURAGING, OR FORCING A CHILD TO SOLICIT FOR OR ENGAGE IN PROSTITUTION OR ENGAGE IN SEXUAL PERFORMANCE; OR
(H) ANY ACT COMMITTED WITH A CHILD THAT IS DESCRIBED IN TITLE 18, C.R.S., INCLUDING: ADULTERY, AS DESCRIBED IN SECTION 186501, C.R.S.; PROSTITUTION, AS DESCRIBED IN SECTION 187201, C.R.S.; PROSTITUTION WITH KNOWLEDGE OF BEING INFECTED WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME, AS DESCRIBED IN SECTION 187201.7, C.R.S.; SOLICITING FOR PROSTITUTION, AS DESCRIBED IN SECTION 187202, C.R.S.; PATRONIZING A PROSTITUTE, AS DESCRIBED IN SECTION 187205, C.R.S.; PATRONIZING A PROSTITUTE WITH KNOWLEDGE OF BEING INFECTED WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME, AS DESCRIBED IN SECTION 187205.7, C.R.S.; INCEST, AS DESCRIBED IN SECTION 186301, C.R.S.; AND ANY UNLAWFUL SEXUAL OFFENSE, AS DEFINED IN SECTION 183411, C.R.S.;
(III) Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 193103.
(IV) ANY CASE IN WHICH A CHILD IS SUBJECTED TO EMOTIONAL ABUSE. AS USED IN THIS SUBPARAGRAPH (IV), "EMOTIONAL ABUSE" MEANS AN IDENTIFIABLE AND SUBSTANTIAL IMPAIRMENT OF THE CHILD'S INTELLECTUAL OR PSYCHOLOGICAL FUNCTIONING OR DEVELOPMENT OR A SUBSTANTIAL RISK OF IMPAIRMENT OF THE CHILD'S INTELLECTUAL OR PSYCHOLOGICAL FUNCTIONING OR DEVELOPMENT. EMOTIONAL ABUSE SHALL NOT BE CONSTRUED TO INCLUDE RELIGIOUS INSTRUCTION.
(IV) (V) Any
act or omission described in section 193102 (1) (a),
(1) (b), or (1) (c).
(b) In all cases, those investigating reports of child abuse shall take into account accepted childrearing practices of the culture in which the child participates. Nothing in this subsection (1) shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 192502 that are performed by a peace officer, level I, as defined in section 181901 (3) (l), C.R.S., acting in the good faith performance of the officer's duties. A REASONABLE EXERCISE OF PARENTAL DISCIPLINE SHALL BE DEEMED TO INCLUDE THE REASONABLE AND APPROPRIATE USE OF PHYSICAL FORCE UPON A CHILD TO DISCIPLINE THE CHILD OR PROMOTE THE WELFARE OF THE CHILD, AS SUCH PURPOSES ARE RECOGNIZED IN SECTION 181703 (1) (a), C.R.S.
(32) (a) "County
department" as used in part 3
of article 3 of this title, means
the county or district
department of social services OF A COUNTY, CITY AND COUNTY, OR
DISTRICT.
(b) "County department",
as used in section 193211, means a county or a city
and county department of social services.
(103) "State department" as
used in section 193211 and part 3 of article 3 of
this title, means the department
of human services created by section 241120, C.R.S.
SECTION 2. 191109 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended, and the said 191109 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
191109. Appeals. (2) (a) The people of the state of Colorado shall have the same right to appeal questions of law in delinquency cases as exists in criminal cases.
(b) AN ORDER TERMINATING OR REFUSING TO TERMINATE THE LEGAL RELATIONSHIP BETWEEN A PARENT OR PARENTS AND ONE BUT NOT ALL OF THE CHILDREN OF SUCH PARENT OR PARENTS ON A PETITION, OR BETWEEN A CHILD AND ONE BUT NOT BOTH PARENTS OF THE CHILD, SHALL BE A FINAL AND APPEALABLE ORDER.
(c) AN ORDER DECREEING CHILDREN TO BE DEPENDENT OR NEGLECTED SHALL BE A FINAL AND APPEALABLE ORDER AFTER THE ENTRY OF THE DISPOSITION PURSUANT TO SECTION 193508. ANY APPEAL SHALL NOT AFFECT THE JURISDICTION OF THE TRIAL COURT TO ENTER SUCH FURTHER DISPOSITIONAL ORDERS AS THE COURT BELIEVES TO BE IN THE BEST INTERESTS OF THE CHILD.
(3) A WORKGROUP TO CONSIDER NECESSARY CHANGES TO PRACTICES, RULES, AND STATUTES IN ORDER TO ENSURE THAT APPEALS IN CASES CONCERNING RELINQUISHMENT, ADOPTION, AND DEPENDENCY AND NEGLECT BE RESOLVED WITHIN SIX MONTHS AFTER BEING FILED SHALL BE ESTABLISHED. THE WORKGROUP SHALL BE KNOWN AS THE "CHILD WELFARE APPEALS WORKGROUP" AND SHALL BE CREATED IN THE STATE JUDICIAL DEPARTMENT. THE WORKGROUP SHALL SUBMIT A WRITTEN REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 1998, THAT SHALL CONTAIN RECOMMENDATIONS FOR STATUTORY, PRACTICE, AND RULE CHANGES TO EXPEDITE APPEALS AND REQUIRE THEIR RESOLUTION WITHIN SIX MONTHS AFTER FILING.
SECTION 3. 191114 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
191114. Order of protection. (2) The order of protection may require any such person:
(a) To stay away from a child or his OR HER residence;
(b) To permit a parent to visit a child at stated periods;
(c) To abstain from offensive conduct
against a child, his
THE CHILD'S parent or parents, his
THE CHILD'S guardian or legal custodian, or any other person to
whom legal custody of a child has been given;
(d) To give proper attention to the care of the home SO THAT THE HOME MEETS MINIMUM STANDARDS OF SANITATION AND SAFETY;
(e) To cooperate in good faith with an agency:
(I) Which
THAT has been given legal custody of a child;
(II) Which
THAT is providing protective supervision of a child by court order;
or
(III) To which the child has been referred by the court;
(f) To refrain from acts of commission or omission that tend to make a home an improper place for a child;
(g) To perform any legal obligation of support; or
(h) To pay for damages recoverable under the provisions of section 1321107, C.R.S.
SECTION 4. 193102, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193102. Neglected or dependent child. (1) A child is neglected or dependent if:
(a) A parent, guardian, or legal custodian has abandoned the child or has subjected him OR HER to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
(b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
(c) The child's environment is injurious to his OR HER welfare;
(d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his OR HER health, guidance, or wellbeing;
(e) The child is homeless, without proper care, or not domiciled with his OR HER parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
(f) The child has run away from home or is otherwise beyond the control of his OR HER parent, guardian, or legal custodian.
(2) A CHILD IS NEGLECTED OR DEPENDENT IF:
(a) A PARENT, GUARDIAN, OR LEGAL CUSTODIAN HAS SUBJECTED ANOTHER CHILD OR CHILDREN TO AN IDENTIFIABLE PATTERN OF HABITUAL ABUSE; AND
(b) SUCH PARENT, GUARDIAN, OR LEGAL CUSTODIAN HAS BEEN THE RESPONDENT IN ANOTHER PROCEEDING UNDER THIS ARTICLE IN WHICH A COURT HAS ADJUDICATED ANOTHER CHILD TO BE NEGLECTED OR DEPENDENT BASED UPON ALLEGATIONS OF SEXUAL OR PHYSICAL ABUSE, OR A COURT OF COMPETENT JURISDICTION HAS DETERMINED THAT SUCH PARENT'S, GUARDIAN'S, OR LEGAL CUSTODIAN'S ABUSE OR NEGLECT HAS CAUSED THE DEATH OF ANOTHER CHILD.
SECTION 5. 193201, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193201. Venue. (1) All proceedings brought under this article shall be commenced in the county in which the child resides or is present.
(2) (a) When proceedings are commenced
PENDING 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 resides if
adjudication has taken place and it finds that the transfer would
not be detrimental to the best interests of the child; except
that, in a county designated pursuant to section 191123,
if the child is under six years of age at the time a petition
is filed in accordance with section 193501 (2), it
shall be presumed that any transfer of proceedings without good
cause shown that results in a delay in the judicial proceedings
would be detrimental to the child's best interests. Such presumption
may be rebutted by a preponderance of the evidence.
(b) THE COURT SHALL MAKE WRITTEN FINDINGS THAT A CHANGE IN VENUE IS NOT DETRIMENTAL TO THE BEST INTERESTS OF THE CHILD. IF A TRANSFER IS NOT DETRIMENTAL TO THE BEST INTERESTS OF THE CHILD, THE COURT SHALL CONSIDER THE TRANSFER OF ANY DEPENDENCY AND NEGLECT CASE REGARDING THE SAME PARENT TO ANY COUNTY IN WHICH THE TRANSFER IS IN THE BEST INTERESTS OF THE CHILD, INCLUDING THE COUNTY IN WHICH THE ORIGINAL PETITION WAS FILED OR ADJUDICATED. THE COURT SHALL ALSO CONSIDER WHETHER THE CHILD WILL BE ADEQUATELY REPRESENTED AS A RESULT OF THE TRANSFER OF THE PROCEEDING.
(3) When venue is transferred, as set forth in subsection (2) of this section, the court transferring jurisdiction shall transmit all documents and reports, or certified copies thereof, to the receiving court, which court shall proceed with the case as if the petition had been originally filed or adjudication had been originally made in that court.
(4) THE STATE DEPARTMENT SHALL ESTABLISH RULES AND PROCEDURES FOR THE COUNTY DEPARTMENTS TO ENTER INTO AGREEMENTS BETWEEN AND AMONG SUCH COUNTY DEPARTMENTS FOR SERVING CLIENTS IN CONTIGUOUS COUNTIES WHEN SUCH AGREEMENTS SERVE THE BEST INTERESTS OF THE CHILD. SUCH AGREEMENTS SHALL PROVIDE THAT THE COUNTY INITIATING THE TRANSFER MAY CONTINUE TO BE RESPONSIBLE FOR THE COSTS OF PLACEMENT AND SERVICE DELIVERY FOR THE CLIENTS.
SECTION 6. 193211, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
193211. Conflict resolution process rules definitions. (1) (a) ON OR BEFORE JANUARY 1, 1998, THE STATE DEPARTMENT, IN CONJUNCTION WITH THE ATTORNEY GENERAL, SHALL ADOPT RULES CONCERNING THE STATEWIDE IMPLEMENTATION OF A CONFLICT RESOLUTION PROCESS IN EACH COUNTY PURSUANT TO THE PROVISIONS OF THIS SECTION. THE PURPOSE OF SUCH CONFLICT RESOLUTION PROCESS IS TO PROVIDE A FORUM FOR GRIEVANCES CONCERNING THE CONDUCT OF COUNTY DEPARTMENT PERSONNEL IN PERFORMING THEIR DUTIES PURSUANT TO THIS ARTICLE.
(b) A CITIZEN REVIEW PANEL SHALL BE CREATED IN EACH COUNTY. THE MEMBERS OF SUCH CITIZEN REVIEW PANEL SHALL BE APPOINTED BY THE GOVERNING BODY WITHOUT INFLUENCE FROM THE STATE DEPARTMENT OR THE COUNTY DEPARTMENT, BE REPRESENTATIVE OF THE COMMUNITY, HAVE DEMONSTRABLE PERSONAL OR PROFESSIONAL KNOWLEDGE AND EXPERIENCE WITH CHILDREN, AND NOT BE EMPLOYEES OR AGENTS OF THE STATE DEPARTMENT OR ANY COUNTY DEPARTMENT. AT LEAST ONE MEMBER OF THE CITIZEN REVIEW PANEL IN EACH COUNTY SHALL BE THE PARENT OF A MINOR CHILD AT THE TIME OF HIS OR HER APPOINTMENT TO SERVE ON SUCH PANEL.
(c) THE CONFLICT RESOLUTION PROCESS SHALL PROVIDE FOR THE RESOLUTION OF GRIEVANCES AS FOLLOWS:
(I) TRANSMITTAL OF ALL GRIEVANCES TO THE COUNTY DIRECTOR FOR INTERNAL RESOLUTION BY THE COUNTY DEPARTMENT WITHIN TEN WORKING DAYS AFTER RECEIPT OF THE GRIEVANCE;
(II) CLOSURE OF THE GRIEVANCE AND ISSUANCE OF A WRITTEN FINAL DECISION IF THE COUNTY DEPARTMENT HAS RESOLVED THE GRIEVANCE TO THE COMPLAINANT'S SATISFACTION;
(III) REFERRAL OF THE GRIEVANCE TO THE CITIZEN REVIEW PANEL UPON THE REQUEST OF THE COMPLAINANT IF THE COUNTY DEPARTMENT HAS NOT RESOLVED THE GRIEVANCE TO THE COMPLAINANT'S SATISFACTION;
(IV) REVIEW BY THE CITIZEN REVIEW PANEL OF THE GRIEVANCE AND THE COUNTY DEPARTMENT'S PROPOSED RESOLUTION OF THE GRIEVANCE WITHIN THIRTY DAYS AFTER RECEIPT OF THE REFERRAL;
(V) WRITTEN NOTIFICATION BY THE CITIZEN REVIEW PANEL TO THE COMPLAINANT AND THE COUNTY DIRECTOR OF ITS RECOMMENDATION CONCERNING THE GRIEVANCE AND THE BASIS FOR ITS RECOMMENDATION;
(VI) CLOSURE OF THE GRIEVANCE AND ISSUANCE OF A WRITTEN FINAL DECISION BY THE COUNTY DIRECTOR IF THE COUNTY DEPARTMENT AGREES WITH THE RECOMMENDATION OF THE CITIZEN REVIEW PANEL;
(VII) REFERRAL OF A GRIEVANCE TO THE GOVERNING BODY FOR REVIEW IF THE COUNTY DEPARTMENT OR THE COMPLAINANT DISAGREES WITH THE RECOMMENDATION OF THE CITIZEN REVIEW PANEL.
(d) THE GOVERNING BODY SHALL SUBMIT A WRITTEN DECISION CONTAINING ITS RECOMMENDATION AND THE BASIS FOR ITS RECOMMENDATION TO THE COUNTY DIRECTOR AND ANY COUNTY DEPARTMENT EMPLOYEE WHO IS THE SUBJECT OF A GRIEVANCE, AND THE COUNTY DIRECTOR SHALL ISSUE A WRITTEN FINAL DECISION THAT SHALL INCLUDE THE COUNTY DIRECTOR'S PLAN FOR IMPLEMENTATION OF THE RECOMMENDATION OF THE GOVERNING BODY.
(e) ANY RECOMMENDATIONS OF THE CITIZEN REVIEW PANEL AND OF THE GOVERNING BODY SHALL BE LIMITED TO ACTIONS WITHIN THE AUTHORITY OF THE COUNTY DIRECTOR INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS FOR CASE REASSESSMENT, CASE REASSIGNMENT, PERSONNEL TRAINING, AND DISCIPLINARY ACTION CONCERNING A COUNTY DEPARTMENT EMPLOYEE. IF DISCIPLINARY ACTION IS INITIATED AGAINST A COUNTY DEPARTMENT EMPLOYEE AS A RESULT OF RECOMMENDATIONS, THE EMPLOYEE SHALL BE ENTITLED TO THE RIGHTS, INCLUDING PROCEDURAL RIGHTS TO APPEAL, THAT THE EMPLOYEE HAS THROUGH THE MERIT SYSTEM OR OTHER APPLICABLE PERSONNEL SYSTEM UNDER WHICH THE EMPLOYEE IS EMPLOYED.
(f) A CITIZEN REVIEW PANEL AND ANY GOVERNING BODY SHALL HAVE ACCESS TO CHILD ABUSE OR NEGLECT REPORTS AND ANY INFORMATION FROM THE COMPLETE CASE FILE THAT THE GOVERNING BODY BELIEVES IS PERTINENT TO THE GRIEVANCE, WHICH SHALL BE REVIEWED SOLELY FOR THE PURPOSE OF RESOLVING GRIEVANCES PURSUANT TO THE PROVISIONS OF THIS SECTION; EXCEPT THAT ACCESS TO IDENTIFYING INFORMATION CONCERNING ANY PERSON WHO REPORTED CHILD ABUSE OR NEGLECT SHALL NOT BE PROVIDED AND NO PARTICIPANT IN THE CONFLICT RESOLUTION PROCESS SHALL DIVULGE OR MAKE PUBLIC ANY CONFIDENTIAL INFORMATION CONTAINED IN A REPORT OF CHILD ABUSE OR NEGLECT OR IN OTHER CASE FILE RECORDS TO WHICH HE OR SHE HAS BEEN PROVIDED ACCESS.
(g) THE COUNTY DEPARTMENT SHALL PREPARE A FINAL REPORT TO THE CITIZEN REVIEW PANEL WITHIN THIRTY DAYS AFTER THE ISSUANCE OF ANY FINAL DECISION IN THE CONFLICT RESOLUTION PROCESS THAT SHALL INCLUDE THE DISPOSITION OF EACH GRIEVANCE REFERRED TO THE CITIZEN REVIEW PANEL IN A MANNER NOT INCONSISTENT WITH APPLICABLE STATE AND COUNTY PERSONNEL RULES.
(h) THE COMPLAINANT SHALL RECEIVE COPIES OF THE FOLLOWING:
(I) THE WRITTEN DECISION OF THE GOVERNING BODY REQUIRED PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (1);
(II) THE FINAL WRITTEN DECISION OF THE COUNTY DIRECTOR REQUIRED PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (1);
(III) THE FINAL REPORT OF THE COUNTY DEPARTMENT REQUIRED PURSUANT TO PARAGRAPH (g) OF THIS SUBSECTION (1).
(2) THE STATE DEPARTMENT SHALL CREATE A SYSTEM FOR MONITORING COMPLIANCE WITH THIS SECTION THAT SHALL INCLUDE ANNUAL REPORTS PREPARED BY THE COUNTIES AS TO THE GRIEVANCES RECEIVED AND THEIR DISPOSITION. SUCH ANNUAL REPORTS SHALL BE MADE AVAILABLE TO THE CITIZEN REVIEW PANELS AND THE STATE DEPARTMENT AND SHALL BE AVAILABLE FOR PUBLIC REVIEW.
(3) (a) AT THE REQUEST OF THE COMPLAINANT, THE COUNTY DEPARTMENT, OR THE SUBJECT OF THE GRIEVANCE, EACH CITIZEN REVIEW PANEL, AS PART OF ITS REVIEW, MAY TAKE INFORMAL TESTIMONY SUBMITTED VOLUNTARILY AND WITHOUT FEE BY EXPERTS OR OTHER INDIVIDUALS, INCLUDING COUNTY DEPARTMENT PERSONNEL.
(b) EACH CITIZEN REVIEW PANEL MAY REQUEST AND RECEIVE INFORMATION FROM OTHER COUNTIES THAT MAY BE PERTINENT TO THE GRIEVANCE.
(4) EACH COUNTY DEPARTMENT SHALL IMPLEMENT THE CONFLICT RESOLUTION PROCESS NO LATER THAN JANUARY 1, 1998. THE STATE DEPARTMENT SHALL PROMULGATE RULES GOVERNING THE IMPLEMENTATION OF THE PROCESS IN THE FOLLOWING AREAS:
(a) PROCEDURES FOR MAKING RELEVANT INFORMATION CONCERNING THE CONFLICT RESOLUTION PROCESS PUBLIC;
(b) TIME FRAMES FOR THE CITIZEN REVIEW PANEL'S AND THE GOVERNING BODY'S WRITTEN NOTIFICATION OF RECOMMENDATIONS; AND
(c) PROCEDURES FOR PROCESSING GRIEVANCES, FOR DETERMINING IF A GRIEVANCE IS WITHIN THE SCOPE OF THE CONFLICT RESOLUTION PROCESS, AND FOR RECEIVING TESTIMONY AND OTHER INFORMATION FROM THE COMPLAINANT, THE COUNTY DEPARTMENT, AND THE SUBJECT OF THE GRIEVANCE.
(5) (a) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIRECT OR AUTHORIZE ANY PARTICIPANT IN THE CONFLICT RESOLUTION PROCESS TO USE THE PROCESS TO INTERFERE WITH ANY CIVIL OR CRIMINAL INVESTIGATION OR JUDICIAL PROCEEDING, TO SEEK RELIEF FROM ANY COURT ACTION, OR TO SEEK A REMEDY THAT IS WITHIN THE AUTHORITY OF A COURT HAVING JURISDICTION OVER A PENDING PROCEEDING.
(b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (5), A COUNTY DEPARTMENT SHALL NOT BE PRECLUDED FROM PRESENTING ANY RELEVANT EVIDENCE IN A PENDING CIVIL OR CRIMINAL INVESTIGATION OR PROCEEDING THAT THE COUNTY DEPARTMENT HAS OBTAINED IN THE COURSE OF FULFILLING ITS DUTIES IN THE CONFLICT RESOLUTION PROCESS PURSUANT TO THE PROVISIONS OF THIS SECTION.
SECTION 7. 193212 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193212. Notice of rights and remedies for families. (2) The notice prepared pursuant to subsection (1) of this section shall be supplied to all social service and law enforcement agencies in the state and shall be delivered to all parents and families from whom children are removed under court order or by law enforcement personnel, along with a copy of the court order directing removal of the child or children from the home. In addition to the notification on the court order, the informational notice shall contain a statement as to the cause of the removal of the child or children. THE NOTICE SHALL ALSO CONTAIN DISCLOSURE OF THE AVAILABILITY OF THE CONFLICT RESOLUTION PROCESS TO PERSONS WHO ARE THE SUBJECT OF ANY CHILD ABUSE OR NEGLECT REPORT AND TO THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF A CHILD WHO IS THE SUBJECT OF ANY CHILD ABUSE OR NEGLECT REPORT.
SECTION 8. Part 2 of article 3 of title 19, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:
193213. Placement criteria. (1) IN ANY CASE IN WHICH THE COUNTY DEPARTMENT RECOMMENDS PLACEMENT OUT OF THE HOME FOR A CHILD OR IN WHICH A CHILD IS IN OUTOFHOME PLACEMENT, THE COURT, THE GUARDIAN AD LITEM, THE COUNTY DEPARTMENT, ANY CASA VOLUNTEER, AND OTHER PARTIES SHALL CONSIDER THE BEST INTERESTS OF THE CHILD AND SHALL COMPLY WITH THE FOLLOWING PLACEMENT CRITERIA:
(a) PRIOR TO THE CHANGE OF PLACEMENT OF A CHILD, THE COUNTY DEPARTMENT SHALL, TO THE EXTENT POSSIBLE, NOTIFY THE GUARDIAN AD LITEM, ANY CASA VOLUNTEER, AND OTHER PARTIES. IF THE GUARDIAN AD LITEM OR OTHER PARTY DISAGREES WITH THE CHANGE OF PLACEMENT, HE OR SHE MAY SEEK AN EMERGENCY HEARING CONCERNING THE APPROPRIATE PLACEMENT FOR A CHILD. IN AN EMERGENCY, THE COUNTY DEPARTMENT MAY PROCEED TO MAKE THE CHANGE OF PLACEMENT PRIOR TO ANY REQUESTED HEARING.
(b) THE COUNTY DEPARTMENT SHALL INITIATE A SEARCH FOR RELATIVES OF THE CHILD AND SHALL MAKE A GOOD FAITH EFFORT TO COMPLETE THE SEARCH WITHIN SIXTY DAYS AFTER THE OUTOFHOME PLACEMENT OF A CHILD. THE SEARCH SHALL INCLUDE A GOOD FAITH EFFORT TO LOCATE A RELATIVE WHO IS ABLE TO PROVIDE A STABLE AND SAFE ENVIRONMENT FOR THE CHILD. IN SEARCHING FOR A RELATIVE WHO WOULD BE ABLE TO PROVIDE A STABLE AND SAFE ENVIRONMENT FOR THE CHILD, THE COUNTY DEPARTMENT SHALL HAVE AUTHORITY TO COMMUNICATE WITH THE CHILD'S RELATIVES, ONLY TO THE EXTENT NECESSARY TO FACILITATE THE RELATIVE SEARCH, ABOUT THE PENDING CASE. IN MAKING A RECOMMENDATION CONCERNING PLACEMENT OF A CHILD WITH A RELATIVE, THE COUNTY DEPARTMENT MAY CONSIDER WHETHER THE RELATIVE IS ABLE TO PROVIDE AN APPROPRIATE ALTERNATIVE TO FOSTER CARE WHILE SIMULTANEOUSLY SUPPORTING THE PARENTS' EFFORTS TO HAVE THE CHILD RETURNED TO THEIR CUSTODY.
(c) EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, NO CHILD SHALL REMAIN IN AN EMERGENCY, SHORTTERM, OR SHELTER FACILITY FOR MORE THAN SIXTY DAYS, NOR SHALL A CHILD BE MOVED FROM ONE SUCH FACILITY TO ANOTHER, UNLESS ALL REASONABLE EFFORTS TO RETURN THE CHILD TO THE CHILD'S HOME OR TO PLACE THE CHILD IN A MORE PERMANENT SETTING HAVE BEEN EXHAUSTED.
(d) THE COUNTY DEPARTMENT, THE GUARDIAN AD LITEM, AND THE COURT SHALL ARRANGE ADEQUATE PARENTING TIME TO SUSTAIN AND NURTURE FAMILY BONDS. PARENTING TIME SHALL BE SCHEDULED TO COMMENCE WITHIN THREE DAYS AFTER A CHILD IS PLACED IN OUTOFHOME PLACEMENT AND SHALL CONTINUE REGULARLY THEREAFTER, EXCEPT WHEN THE COURT DETERMINES WITH WRITTEN FINDINGS THAT A RESTRICTION OR CESSATION OF PARENTING TIME IS IN THE CHILD'S BEST INTERESTS.
(2) IF A CHILD RUNS AWAY FROM AN OUTOFHOME PLACEMENT, THE PERSON IN CHARGE OF THE PLACEMENT FACILITY, FOSTER PARENT, RELATIVE, OR OTHER PLACEMENT PROVIDER SHALL NOTIFY THE COUNTY DEPARTMENT AS SOON AS POSSIBLE AFTER DISCOVERING THAT THE CHILD HAS RUN AWAY. THE COUNTY DEPARTMENT SHALL NOTIFY THE COURT AND OTHER PARTIES WITHIN TEN DAYS AFTER THE COUNTY DEPARTMENT HAS RECEIVED NOTICE AND TAKE APPROPRIATE STEPS TO LOCATE THE CHILD.
193214. Placement reporting. (1) EACH COUNTY DEPARTMENT SHALL MAINTAIN AND UPDATE ON A MONTHLY BASIS A REPORT OF THE NUMBER OF CHILDREN WHO HAVE BEEN REMOVED FROM THEIR HOMES AND PLACED IN THE TEMPORARY CUSTODY OF THE COUNTY DEPARTMENT FOR THE PRECEDING MONTH. THE REPORT SHALL INDICATE WHETHER A CHILD WHO HAS BEEN PLACED OUT OF THE HOME HAS BEEN PLACED WITH RELATIVES.
(2) THE STATE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 1 OF EACH YEAR THAT COMPILES THE MONTHLY REPORTS OF THE NUMBER OF CHILDREN WHO HAVE BEEN PLACED OUT OF THE HOME IN EACH COUNTY FOR THE PRECEDING YEAR AS REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
193215. Evaluation forms. (1) THE STATE DEPARTMENT SHALL PREPARE AN EVALUATION FORM THAT THE COUNTY DEPARTMENTS SHALL MAKE AVAILABLE TO RESPONDENTS IN A DEPENDENCY AND NEGLECT ACTION. THE PURPOSE OF THE EVALUATION FORM SHALL BE TO SEEK INFORMATION CONCERNING THE MANNER IN WHICH THE COUNTY DEPARTMENT CONDUCTED THE INVESTIGATION AND CASE.
(2) THE COUNTY DEPARTMENT SHALL DISTRIBUTE THE EVALUATION FORMS SIXTY DAYS AFTER THE COMMENCEMENT OF AN INVESTIGATION AND WITHIN THIRTY DAYS AFTER THE CLOSING OF A CASE.
(3) COMPLETED EVALUATION FORMS SHALL BE RETURNED TO THE COUNTY DEPARTMENT WHICH SHALL MAKE THEM AVAILABLE TO THE STATE DEPARTMENT AND THE APPROPRIATE CITIZEN REVIEW PANEL, AND, IN SUMMARY FORM, TO THE MEMBERS OF THE JUDICIARY COMMITTEES OF THE GENERAL ASSEMBLY AND TO ANY OTHER MEMBER OF THE GENERAL ASSEMBLY, UPON REQUEST OF THE MEMBER.
SECTION 9. 193304, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
193304. Persons required to report child abuse or neglect. (5) IN ANY ACTION AUTHORIZED PURSUANT TO THIS TITLE OR TITLE 14, C.R.S., IN WHICH A PARTY MAKES AN ALLEGATION OF CHILD ABUSE OR NEGLECT THAT THE COURT FINDS IS UNFOUNDED AND THE PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, WAS FALSE, THE COURT IN THAT ACTION:
(a) SHALL ORDER THE PARTY ALLEGING CHILD ABUSE OR NEGLECT TO PAY TO THE OTHER PARTY AGAINST WHOM THE ALLEGATIONS ARE DIRECTED REASONABLE ATTORNEY FEES, EVALUATION COSTS, COSTS OF SUPERVISED VISITATION, THERAPY COSTS, AND OTHER COSTS REASONABLY RELATED TO THE UNFOUNDED ALLEGATION OF CHILD ABUSE OR NEGLECT THAT THE PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, WAS FALSE, UNLESS THE COURT MAKES FINDINGS THAT SUCH AN ORDER WOULD BE INAPPROPRIATE DUE TO EXTRAORDINARY CIRCUMSTANCES; AND
(b) SHALL REFER THE NAME OF THE PARTY ALLEGING CHILD ABUSE OR NEGLECT TO THE DISTRICT ATTORNEY FOR AN INVESTIGATION AS TO WHETHER TO CHARGE THE PARTY PURSUANT TO THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION.
SECTION 10. 193307, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
193307. Reporting procedures. (5) (a) THE STATE DEPARTMENT SHALL ESTABLISH RULES AND PROCEDURES FOR THE COUNTY DEPARTMENTS PURSUANT TO WHICH PARENTS, GUARDIANS, OR LEGAL CUSTODIANS MAY REPORT A PATTERN OF SELFABUSE IN A CHILD TO THE COUNTY DEPARTMENT. THE REPORT SHALL DESCRIBE THE NATURE OF THE CHILD'S SELFABUSIVE BEHAVIOR AND THE MEDICAL OR OTHER INTERVENTIONS THAT ADDRESS THE SELFABUSIVE BEHAVIOR. SUCH REPORTING OF A SELFABUSIVE CHILD SHALL BE CORROBORATED IN WRITING ON THE REPORT BY A HEALTH CARE PROVIDER.
(b) IF A COUNTY DEPARTMENT RECEIVES A REPORT OF SUSPECTED ABUSE OR NEGLECT CONCERNING A CHILD ABOUT WHOM A PARENT, GUARDIAN, OR LEGAL CUSTODIAN HAS SUBMITTED A REPORT OF SELFABUSIVE BEHAVIOR PURSUANT TO THIS SUBSECTION (5), THE COUNTY DEPARTMENT SHALL UTILIZE ANY NECESSARY MEDICAL OR BEHAVIORAL EXPERTS TO DETERMINE WHETHER THE CURRENT REPORTED INJURIES ARE CONSISTENT WITH THE PREVIOUSLY REPORTED PATTERN OF SELFABUSE.
(c) AS USED IN THIS SUBSECTION (5), "SELFABUSIVE CHILD" MEANS A CHILD WHO CAUSES OR ATTEMPTS TO CAUSE INJURY TO HIMSELF OR HERSELF BY BITING, SCRATCHING, HITTING, OR OTHERWISE MUTILATING OR INJURING HIS OR HER BODY.
SECTION 11. 193308 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193308. Action upon report of intrafamilial, institutional, or thirdparty abuse child protection team. (2) The investigation, to the extent that it is reasonably possible, shall include:
(a) THE CREDIBILITY OF THE SOURCE OR THE REPORT;
(a) (b) The
nature, extent, and cause of the abuse or neglect;
(b) (c) The
identity of the person responsible for such abuse or neglect;
(c) (d) The
names and conditions of any other children living in the same
place;
(d) (e) The
environment and the relationship of any children therein to the
person responsible for the suspected abuse or neglect;
(e) (f) All
other data deemed pertinent.
SECTION 12. 193308.5, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193308.5. Recorded interviews
of child. (1) (a) Any
interview of a child conducted pursuant to section 193308,
concerning a report of child abuse, may be audiotaped or videotaped.
However, interviews concerning reports of sexual child abuse are
strongly encouraged to be videotaped
SHALL BE VIDEOTAPED OR AUDIOTAPED. Any audiotaped or videotaped
interview shall be conducted by a competent interviewer for the
agency responsible for the investigation in accordance with such
section; except that an interview shall not be videotaped when
doing so is impracticable under the circumstances or will result
in trauma to the child, as determined by the investigating agency.
No more than one videotaped interview shall be required unless
the interviewer or the investigating agency determines that additional
interviews are necessary to complete an investigation. Additional
interviews shall be conducted, to the extent possible, by the
same interviewer. Such recordings shall be preserved as evidence
in the manner and for a period provided by law for maintaining
such evidence. In addition, access to such recordings shall be
subject to the rules of discovery under the Colorado rules of
criminal and civil procedure.
(b) (Deleted by amendment, L.
93, p. 1169, '
2, effective January 1, 1994.)
(c) (b) The
provisions of this subsection (1) shall not apply to a videotaped
deposition taken in accordance with and governed by section 183413,
C.R.S., or section 1325132, C.R.S., and rule 15 (d)
of the Colorado rules of criminal procedure. In addition, this
section shall not
apply to interviews of the child conducted after a dependency
and neglect action or a criminal action has been filed with the
court.
(d) (Deleted by amendment, L.
93, p. 1169, '
2, effective January 1, 1994.)
(e) (I) (c) Any
agency subject to the provisions of this section shall provide
equipment necessary to videotape interviews and shall train persons
responsible for conducting videotaped interviews in accordance
with this section. The agency shall adopt standards for persons
conducting such interviews.
(II) The standards required in
subparagraph (I) of this paragraph (e) shall be adopted on or
before January 1, 1994.
SECTION 13. 193309, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
193309. Immunity from liability persons reporting. (1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 193304 (5), any person, other than the perpetrator, complicator, coconspirator, or accessory, participating in good faith in the making of a report, in the facilitation of the investigation of such a report, or in a judicial proceeding held pursuant to this title, the taking of photographs or X rays, or the placing in temporary protective custody of a child pursuant to section 193405 or otherwise performing his OR HER duties or acting pursuant to this part 3 shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person's behavior was willful, wanton, and malicious. For the purpose of any proceedings, civil or criminal, the good faith of any such person reporting child abuse, any such person taking photographs or X rays, and any such person who has legal authority to place a child in protective custody shall be presumed.
(2) A PERSON WHO IS CONVICTED OF A MISDEMEANOR PURSUANT TO SECTION 193304 (4) SHALL NOT BE IMMUNE FROM LIABILITY UNDER THIS SECTION.
SECTION 14. 193312, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
193312. Court proceedings. (4) IF A REPORT UNDER SECTION 193304 OR 193305 IS BASED SOLELY ON AN ALLEGATION OF EMOTIONAL ABUSE AS DEFINED IN SECTION 191103 (1) (a), IF REQUESTED BY ANY PARTY TO THE PROCEEDING OR UPON ITS OWN MOTION, THE COURT SHALL ORDER A REPORT TO BE PREPARED BY AN INDEPENDENT MENTAL HEALTH CARE PROVIDER. THE INDEPENDENT MENTAL HEALTH CARE PROVIDER SHALL INTERVIEW THE CHILD AND THE ALLEGED PERPETRATOR OF THE ABUSE.
SECTION 15. 193507, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
193507. Dispositional hearing. (5) PARENTS, GRANDPARENTS, RELATIVES, OR FOSTER PARENTS WHO HAVE INFORMATION OR KNOWLEDGE CONCERNING THE CARE AND PROTECTION OF THE CHILD MAY INTERVENE AS A MATTER OF RIGHT FOLLOWING ADJUDICATION WITH OR WITHOUT COUNSEL. OTHER INTERESTED PARTIES, INCLUDING FRIENDS OF THE FAMILY, MAY INTERVENE BY PERMISSION OF THE COURT.
SECTION 16. 193604, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
193604. Criteria for termination. (2.5) IN CONSIDERING THE TERMINATION OF THE PARENTCHILD LEGAL RELATIONSHIP, THE COURT MAY GIVE CONSIDERATION TO PREVIOUS INCIDENTS OF ABUSE OR NEGLECT OF ANOTHER CHILD OR CHILDREN THAT RESULTED IN DEATH TO SUCH OTHER CHILD OR CHILDREN, TERMINATION OF THE PARENTCHILD LEGAL RELATIONSHIP OF SUCH OTHER CHILD OR CHILDREN, OR AN ADJUDICATION OF SUCH OTHER CHILD OR CHILDREN AS DEPENDENT AND NEGLECTED.
SECTION 17. 261111 (2) (r), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:
261111. Activities of the state department under the supervision of the executive director. (2) The state department, under the supervision of the executive director, shall:
(r) Adopt standards for conducting videotaped
child abuse interviews in accordance with section 193308.5
(1) (e) 193308.5 (1)
(c), C.R.S.;
SECTION 18. 22324 (1), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:
22324. Committees of reference program review. (1) Beginning with the second regular session of the sixtyfirst general assembly, the health, environment, welfare, and institutions committees or the judiciary committees, whichever is appropriate as determined by the legislative audit committee, shall review the executive summary prepared by the state auditor's office and submitted to the appropriate legislative committees of reference pursuant to section 23112 (5) concerning the performance of each statefunded or federally funded prevention and intervention program for children and families. Following review, the committee of reference shall make a recommendation to the joint budget committee concerning whether the program should continue to receive state funding. If necessary, the committee of reference shall correspondingly submit a legislative proposal to discontinue statutory authority for a program or service for which funding is recommended to be discontinued. ANY SUCH LEGISLATIVE PROPOSAL SHALL NOT BE SUBJECT TO ANY LEGISLATIVE RULES LIMITING THE NUMBER OF BILLS A MEMBER MAY INTRODUCE. The chairperson of the committee of reference may determine whether to take public testimony concerning the evaluation of any program.
SECTION 19. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of the family issues cash fund established in section 265.3106, Colorado Revised Statutes, not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 1997, the sum of seventyone thousand five hundred fiftyone dollars ($71,551) and 1.2 FTE, or so much thereof as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for allocation to county administration, for the fiscal year beginning July 1, 1997, the sum of three million eleven thousand one hundred seventyfour dollars ($3,011,174) and 80.9 FTE or so much thereof as may be necessary, for the purpose of implementing section 193213(1), Colorado Revised Statutes. Of said sum, two million two hundred fiftyeight thousand three hundred eighty dollars ($2,258,380) shall be from the general fund, six hundred two thousand two hundred thirtyfive dollars ($602,235) shall be from county cash funds exempt, and one hundred fifty thousand five hundred fiftynine dollars ($150,559) shall be from federal funds. Said amount appropriated from the general fund is appropriated pursuant to a final court order for case # 94M1417. This amount is exempt from the statutory limit on state general fund appropriations pursuant to section 2475201.1 (1) (a) (III) (B), Colorado Revised Statutes.
(3) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for allocation to county administration, for the fiscal year beginning July 1, 1997, the sum of fourteen thousand nine hundred thirteen dollars ($14,913) or so much thereof as may be necessary, for the purpose of implementing section 193308.5, Colorado Revised Statutes. Said sum shall be from the family issues cash fund established in section 265.3106, Colorado Revised Statutes.
(4) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for allocation to county administration, for the fiscal year beginning July 1, 1997, the sum of twentyeight thousand two hundred six dollars ($28,206) or so much thereof as may be necessary, for the purpose of implementing section 193215, Colorado Revised Statutes. Of said sum, twentytwo thousand five hundred sixtyfive dollars ($22,565) shall be from the family issues cash fund established in section 265.3106, Colorado Revised Statutes, and five thousand six hundred fortyone dollars ($5,641) shall be from county cash funds exempt.
(5) In addition to any other appropriation, there is hereby appropriated, to the department of human services, for allocation to the executive director's office, for the fiscal year beginning July 1, 1997, the sum of two thousand three hundred eighty dollars ($2,380) or so much thereof as may be necessary, for the purpose of implementing section 193215, Colorado Revised Statutes. Said sum shall be from the family issues cash fund established in section 265.3106, Colorado Revised Statutes.
SECTION 20. Effective date. This act shall take effect July 1, 1997.
SECTION 21. 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.