SENATE BILL 97218
BY SENATORS Rizzuto, Lacy, and Blickensderfer;
also REPRESENTATIVES Adkins, Grampsas, Owen, Romero,
George, Morrison, Nichol, and Reeser.
CONCERNING PUBLICLY FUNDED SERVICES FOR CHILDREN,
AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 265101,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
265101. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Child
welfare services" means the provision of necessary shelter,
sustenance, and guidance to or for children who are or who, if
such services are not provided, are likely to become juvenile
delinquents, as defined in section 191103 (71), C.R.S.,
or neglected or dependent, as defined in section 193102,
C.R.S. "CAPPED ALLOCATION"
MEANS A CAPPED AMOUNT OF FUNDS DISTRIBUTED TO COUNTIES OR A GROUP
OF COUNTIES FOR THE PURPOSE OF PROVIDING CHILD WELFARE SERVICES
AS DEFINED IN SUBSECTION (3) OF THIS SECTION.
(2) "CHILD WELFARE ALLOCATIONS COMMITTEE"
MEANS A COMMITTEE THAT CONSISTS OF FOUR COUNTY COMMISSIONERS APPOINTED
BY A STATEWIDE ASSOCIATION OF COUNTIES AND FOUR MEMBERS APPOINTED
BY THE STATE DEPARTMENT, WHICH COMMITTEE SHALL DEVELOP ITS OWN
ORGANIZATIONAL RULES.
(3) "CHILD WELFARE SERVICES"
MEANS THE PROVISION OF NECESSARY SHELTER, SUSTENANCE, AND GUIDANCE
TO OR FOR CHILDREN WHO ARE OR WHO, IF SUCH SERVICES ARE NOT PROVIDED,
ARE LIKELY TO BECOME NEGLECTED OR DEPENDENT, AS DEFINED IN SECTION
193102, C.R.S. "CHILD WELFARE SERVICES"
INCLUDES BUT IS NOT LIMITED TO:
(a) CHILD PROTECTION;
(b) RISK ASSESSMENT;
(c) PERMANENCY PLANNING;
(d) TREATMENT PLANNING;
(e) CASE MANAGEMENT;
(f) CORE SERVICES, AS DEFINED IN SECTION
193208, C.R.S.;
(g) ADOPTION AND SUBSIDIZED ADOPTION;
(h) EMERGENCY SHELTER;
(i) OUTOFHOME PLACEMENT, INCLUDING
FOSTER CARE;
(j) UTILIZATION REVIEW;
(k) EARLY INTERVENTION AND PREVENTION;
(l) YOUTHINCONFLICT FUNCTIONS;
AND
(m) ADMINISTRATION AND SUPPORT FUNCTIONS.
(4) "COUNTY" MEANS A COUNTY
OR A CITY AND COUNTY OR ANY TWO OR MORE COUNTIES.
(5) "GOVERNING BODY" MEANS THE
BOARD OF COUNTY COMMISSIONERS OF A COUNTY OR THE CITY COUNCIL
AND MAYOR OF A CITY AND COUNTY.
(6) "TARGETED ALLOCATION" MEANS
A FIXED AMOUNT OF FUNDS FROM A CAPPED ALLOCATION TO A GROUP OF
COUNTIES THAT IS DESIGNATED FOR A SPECIFIC COUNTY WITHIN THAT
GROUP OF COUNTIES.
SECTION 2. 265104,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
265104. Funding of child welfare services.
(1) Reimbursement. The state department shall,
within the limits of available appropriations, reimburse the county
departments eighty percent of amounts expended by county departments
for child welfare services, as authorized
by this article UP TO THE AMOUNT
OF THE COUNTY'S ALLOCATION AS DETERMINED PURSUANT TO THE PROVISIONS
OF THIS SECTION.
(2) Parental fees. The fiscal year
beginning July 1, 1990, shall constitute the base fiscal year
for the purpose of computing a base amount of parental fee collections
by each county on behalf of children in foster care. Commencing
with the fiscal year beginning July 1, 1991, any increased amount
of parental fees over and above the base amount shall be retained
by the county that collected such parental fees. Any moneys retained
by each county pursuant to this subsection (2) may be used for
child welfare services directed toward early intervention, placement
prevention, and family preservation, or any other program funded
pursuant to sections 192211, 192212, and
192310, C.R.S.
(3) Allocation formula. (a) FOR
STATE FISCAL YEAR 199798, THE STATE DEPARTMENT, AFTER INPUT
FROM THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL DEVELOP FORMULAS
FOR CAPPED AND TARGETED ALLOCATIONS THAT TAKE INTO ACCOUNT SUCH
FACTORS AS:
(I) COUNTY SPENDING ON CHILD WELFARE SERVICES
IN CALENDAR YEAR 1996;
(II) THE COUNTY'S ALLOCATIONS AND EXPENDITURES
FOR CHILD WELFARE SERVICES IN STATE FISCAL YEARS 199596,
199495, AND 199394 AND A COMPARISON OF THE SPENDING
IN THOSE PRIOR YEARS WITH THE CASELOADS IN THE RESPECTIVE PRIOR
STATE FISCAL YEARS;
(III) THE COUNTY'S CURRENT CHILD WELFARE
CASELOAD; AND
(IV) OTHER FACTORS DETERMINED BY THE STATE
DEPARTMENT AND THE CHILD WELFARE ALLOCATIONS COMMITTEE THAT DIRECTLY
AFFECT THE POPULATION OF CHILDREN IN NEED OF CHILD WELFARE SERVICES
IN A COUNTY.
(b) IN THE EVENT THAT THE STATE DEPARTMENT
AND THE CHILD WELFARE ALLOCATIONS COMMITTEE DO NOT REACH AN AGREEMENT
ON THE ALLOCATION FORMULA ON OR BEFORE JUNE 15, 1997, THE STATE
DEPARTMENT AND THE COMMITTEE SHALL SUBMIT ALTERNATIVES TO THE
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY FROM WHICH SUCH
JOINT BUDGET COMMITTEE SHALL SELECT AN ALLOCATION FORMULA BEFORE
JULY 1, 1997.
(c) THE FORMULAS DEVELOPED BY THE STATE
DEPARTMENT, AFTER INPUT FROM THE CHILD WELFARE ALLOCATIONS COMMITTEE,
SHALL IDENTIFY THE PORTION OF THE AMOUNTS APPROPRIATED FOR CHILD
WELFARE SERVICES THAT SHALL BE ALLOCATED TO THE COUNTIES FOR THE
PROVISION OF CHILD WELFARE SERVICES.
(4) Allocations. (a) FOR
STATE FISCAL YEAR 199798 AND THEREAFTER, ALL COUNTIES SHALL
RECEIVE CAPPED ALLOCATIONS FOR CHILD WELFARE SERVICES. THE COUNTIES
MAY USE CAPPED ALLOCATION MONEYS FOR CHILD WELFARE SERVICES WITHOUT
CATEGORY RESTRICTION IF NOT PROHIBITED BY FEDERAL LAW.
(b) (I) THE STATE DEPARTMENT SHALL
MAKE CAPPED ALLOCATIONS FOR COUNTIES SERVING AT LEAST EIGHTY PERCENT
OF THE TOTAL CHILD WELFARE SERVICES POPULATION.
(II) FOR THE BALANCE OF THE STATE, THE
STATE DEPARTMENT SHALL CREATE ONE CAPPED ALLOCATION. THE STATE
DEPARTMENT SHALL ESTABLISH A TARGETED ALLOCATION FOR EACH COUNTY
IN SUCH GROUP OF COUNTIES DESIGNATED FOR THE PURPOSE OF SUCH CAPPED
ALLOCATION.
(c) THE STATE DEPARTMENT, IN CONSULTATION
WITH THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL ADOPT RULES
FOR WHEN A COUNTY MAY EXCEED ITS CAPPED OR TARGETED ALLOCATION.
(d) THE STATE DEPARTMENT MAY ONLY SEEK
ADDITIONAL FUNDING FROM THE GENERAL ASSEMBLY IN A SUPPLEMENTAL
APPROPRIATIONS BILL BASED UPON CASELOAD GROWTH OR CHANGES IN FEDERAL
LAW OR FEDERAL FUNDING.
(e) A COUNTY'S ALLOCATION MAY BE AMENDED
DUE TO CASELOAD GROWTH OR CHANGES IN FEDERAL LAW OR FEDERAL FUNDING.
(5) Management training. THE STATE
DEPARTMENT SHALL DEVELOP A MANAGEMENT TRAINING PACKAGE TO BE DELIVERED
TO THE COUNTIES NO LATER THAN OCTOBER 1, 1997, THAT SHALL ASSIST
THE COUNTIES IN THE DEVELOPMENT OF MORE EFFECTIVE MANAGEMENT STRATEGIES
FOR THE UTILIZATION OF RESOURCES IN THE DELIVERY OF CHILD WELFARE
SERVICES. THE STATE DEPARTMENT MAY UTILIZE PORTIONS OF THE CHILD
WELFARE ADMINISTRATION APPROPRIATIONS TOWARD THIS END AND IS HEREBY
AUTHORIZED TO PURSUE ANY PRIVATE OR PUBLIC GRANTS TO FUND SUCH
EFFORTS.
(6) ON AND AFTER JULY 1, 1997, A COUNTY
SHALL BE AUTHORIZED TO NEGOTIATE RATES, SERVICES, AND OUTCOMES
WITH PROVIDERS IF THE COUNTY HAS A REQUEST FOR PROPOSAL PROCESS
IN EFFECT FOR SOLICITING BIDS FROM PROVIDERS OR ANOTHER MECHANISM
FOR EVALUATING THE RATES, SERVICES, AND OUTCOMES THAT IT IS NEGOTIATING
WITH SUCH PROVIDERS THAT IS ACCEPTABLE TO THE STATE DEPARTMENT.
SECTION 3. 265105,
Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:
265105. Reimbursement procedure.
Claims for state reimbursement under this article shall be presented
by the county departments to the state department at such times
and in such manner as the state department may prescribe. The
state department shall certify to the controller the amount approved,
specifying the amount to which each
county is entitled OF EACH COUNTY'S
CAPPED OR TARGETED ALLOCATION. The amount so certified shall be
paid from the state treasury, upon the voucher of the state department
and warrant of the controller, to the respective county treasurers
of the counties entitled thereto
SEEKING THE REIMBURSEMENT, from money appropriated to the state
department for the purpose of administering the provisions of
this article.
SECTION 4. Article
5 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as
amended, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS
to read:
265105.3. Federal waivers.
THE STATE DEPARTMENT SHALL PURSUE AS SOON AS POSSIBLE ANY WAIVERS
THAT MAY BE NECESSARY TO IMPLEMENT THIS ARTICLE, INCLUDING BUT
NOT LIMITED TO WAIVERS FOR TITLE IVE FOSTER CARE SERVICES
AND MEDICAID.
265105.5. Pilot programs
authorized repeal. (1) THE
STATE DEPARTMENT MAY ENTER INTO PERFORMANCE CONTRACTS WITH NOT
MORE THAN THREE COUNTIES OR GROUPS OF COUNTIES FOR THE DELIVERY
OF CHILD WELFARE SERVICES. AN INTERESTED COUNTY SHALL APPLY TO
THE STATE DEPARTMENT NOT LATER THAN AUGUST 1, 1997, AND THE IMPLEMENTATION
OF SUCH PILOT PROGRAMS SHALL COMMENCE NOT LATER THAN SEPTEMBER
1, 1997.
(2) A COUNTY THAT ENTERS INTO A PERFORMANCE
CONTRACT WITH THE STATE DEPARTMENT SHALL BE EXEMPT FROM THE RULES
OF THE STATE DEPARTMENT AND STATE BOARD GOVERNING THE DELIVERY
OF CHILD WELFARE SERVICES, AS SUCH EXEMPTIONS ARE IDENTIFIED IN
THE PERFORMANCE CONTRACT.
(3) ANY COUNTY THAT HAS ENTERED INTO A
PERFORMANCE CONTRACT WITH THE STATE DEPARTMENT AND UNDERSPENDS
THE GENERAL FUND PORTION OF ITS CAPPED OR TARGETED ALLOCATION
MAY USE THOSE FUNDS, NOT TO EXCEED FIVE PERCENT OF THE GENERAL
FUND PORTION OF ITS TOTAL CAPPED OR TARGETED ALLOCATION FOR CHILD
WELFARE SERVICES, TO EITHER REDUCE ITS COUNTY SHARE BY THE AMOUNT
OF THE UNDEREXPENDITURE OR SPEND SUCH MONEYS ON ADDITIONAL SERVICES
FOR CHILDREN IN THE COUNTY. ANY BALANCE OF THE GENERAL FUND PORTION
OF ITS CAPPED OR TARGETED ALLOCATION SHALL BE USED FOR ADDITIONAL
SERVICES FOR CHILDREN IN THE COUNTY.
(4) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 1998.
265105.7. Study of managed care.
(1) THE STATE DEPARTMENT, WITH INPUT FROM THE JUDICIAL
DEPARTMENT, THE CHILD WELFARE ALLOCATIONS COMMITTEE, AND THE LEGISLATIVE
OVERSIGHT COMMITTEE CREATED IN SUBSECTION (2) OF THIS SECTION,
SHALL STUDY AND MAKE RECOMMENDATIONS ON THE ADVISABILITY OF IMPLEMENTING
MANAGED CARE ON A STATEWIDE BASIS FOR THE DELIVERY OF CHILD WELFARE
SERVICES.
(2) THERE IS HEREBY CREATED A LEGISLATIVE
OVERSIGHT COMMITTEE THAT SHALL BE KNOWN AS THE "CHILD WELFARE
OVERSIGHT COMMITTEE" AND SHALL CONSIST OF SIX MEMBERS OF
THE GENERAL ASSEMBLY APPOINTED NO LATER THAN JUNE 1, 1997, PURSUANT
TO THE PROVISIONS OF THIS SECTION. THE PRESIDENT OF THE SENATE
SHALL APPOINT TWO MEMBERS OF THE SENATE, AND THE MINORITY LEADER
OF THE SENATE SHALL APPOINT ONE MEMBER OF THE SENATE. THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT TWO MEMBERS OF THE
HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES SHALL APPOINT ONE MEMBER OF THE HOUSE OF REPRESENTATIVES.
(3) THE STUDY SHALL INCLUDE BUT NOT BE
LIMITED TO:
(a) THE DELIVERY OF DELINQUENCY SERVICES
IN THE STATEWIDE SYSTEM OR IN ANOTHER DELIVERY SYSTEM, INCLUDING
HOW TO PROVIDE AND MANAGE SERVICES FOR DELINQUENTS WHO ARE CURRENTLY
SERVED BY THE COUNTY DEPARTMENTS;
(b) THE IMPLEMENTATION OF LEVELS OF CARE
IN CHILD WELFARE AND DELINQUENCY SERVICES;
(c) PERFORMANCEBASED CONTRACTING
IN THE IMPLEMENTATION OF MANAGED CARE;
(d) A METHOD FOR ALLOCATING FUNDS APPROPRIATED
FOR CHILD WELFARE SERVICES, INCLUDING FEDERAL AND STATE GENERAL
FUND MONEYS, TO COUNTIES OR GROUPS OF COUNTIES;
(e) A METHOD FOR DETERMINING THE MAINTENANCE
OF EFFORT REQUIRED FOR EACH COUNTY OR GROUP OF COUNTIES;
(f) THE NEED FOR CREATING A RESERVE AT
THE STATE LEVEL AND THE CRITERIA AND REQUIREMENTS FOR ACCESSING
THE RESERVE;
(g) PROPOSALS FOR THE USES OF ANY SAVINGS
REALIZED TO PROVIDE ADDITIONAL CHILD WELFARE SERVICES, INCLUDING
PREVENTIVE SERVICES SUCH AS THOSE PURSUANT TO HOME VISITATION
PROGRAMS; AND
(h) ANY SUGGESTED LEGISLATION NECESSARY
TO IMPLEMENT THE RECOMMENDATIONS SET FORTH IN THE STUDY.
(4) THE STUDY AND RECOMMENDATIONS FOR
THE IMPLEMENTATION OF THE STATEWIDE MANAGED CARE SYSTEM FOR THE
DELIVERY OF CHILD WELFARE SERVICES SHALL BE SUBMITTED TO THE FOLLOWING
COMMITTEES OF THE GENERAL ASSEMBLY NO LATER THAN JANUARY 1, 1998:
THE HOUSE AND SENATE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS
COMMITTEES, THE HOUSE AND SENATE JUDICIARY COMMITTEES, AND THE
JOINT BUDGET COMMITTEE.
(5) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 1998.
SECTION 5. 192114
(4) and (5), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
are repealed as follows:
192114. Cost of care.
(4) If the court finds,
after a hearing, that the juvenile's parent has made diligent,
good faith efforts to prevent or discourage the juvenile from
engaging in delinquent activity, the court may absolve such parent
of accountability for cost of care under subsection (1) of this
section.
(5) Liability
for cost of care of a juvenile by such juvenile's parent under
subsection (1) of this section shall be limited to a maximum of
ten thousand dollars.
SECTION 6. 191103
(1), (23), (25), and (57), 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;
(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.
(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.
(23) "Citizen review panel",
as used in section 193211, means the panel created
in a county by the board of county commissioners or in a city
and county by the city council that shall review and render
decisions regarding grievances between a complainant and a county
department MAKE RECOMMENDATIONS REGARDING
GRIEVANCES REFERRED TO THE PANEL BY THE COUNTY DIRECTOR PURSUANT
TO THE CONFLICT RESOLUTION PROCESS.
(25) "Complainant", as used
in section 193211, means the
person bringing a grievance against a county department
ANY PERSON WHO WAS THE SUBJECT OF AN INVESTIGATION OF A REPORT
OF CHILD ABUSE OR NEGLECT OR ANY PARENT, GUARDIAN, OR LEGAL CUSTODIAN
OF A CHILD WHO IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT
AND BRINGS A GRIEVANCE AGAINST A COUNTY DEPARTMENT IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 193211.
(57) "Grievance", as used in
section 193211, means any
dispute between a complainant and a county department concerning
such department's response to, investigation of, and recommendations
regarding any report of child abuse and neglect pursuant to the
provisions of article 3 of this title
A DISPUTE BETWEEN A COMPLAINANT AND A COUNTY DEPARTMENT CONCERNING
THE CONDUCT OF COUNTY DEPARTMENT PERSONNEL IN PERFORMING THEIR
DUTIES PURSUANT TO ARTICLE 3 OF THIS TITLE.
SECTION 7. 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 OR MORE OF THE CHILDREN OF SUCH PARENT OR PARENTS ON A PETITION,
OR BETWEEN A CHILD AND ONE OR BOTH PARENTS OF THE CHILD, SHALL
BE A FINAL AND APPEALABLE ORDER.
(c) AN ORDER DECREEING A CHILD TO BE NEGLECTED
OR DEPENDENT 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 8. 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; AND
(c) THE PATTERN OF HABITUAL ABUSE DESCRIBED
IN PARAGRAPH (a) OF THIS SUBSECTION (2) AND THE TYPE OF ABUSE
DESCRIBED IN THE ALLEGATIONS SPECIFIED IN PARAGRAPH (b) OF THIS
SUBSECTION (2) POSE A CURRENT THREAT TO THE CHILD.
SECTION 9. 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 AND CITY AND 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 AND CITY AND 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
AND CITY AND 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 FINAL DECISION.
(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 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 OR COUNTY DEPARTMENT
EMPLOYEE WHO IS THE SUBJECT OF THE GRIEVANCE 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 EACH COUNTY AND CITY AND COUNTY
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 ANY OTHER COUNTY OR CITY AND COUNTY
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 10. 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 11. 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) 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.
(2) IF A CHILD RUNS AWAY FROM AN OUTOFHOME
PLACEMENT FACILITY, 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 OR CITY AND COUNTY FOR THE PRECEDING
YEAR AS REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
SECTION 12. 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 13. 193312,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS 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.
THE COSTS OF THE REPORT SHALL BE SPLIT EQUALLY BETWEEN THE COUNTY
AND THE PARTY REQUESTING THE REPORT, UNLESS THE COURT FINDS THAT
PAYING SUCH COSTS WOULD CAUSE A HARDSHIP TO THE PARTY.
(5) IF A PETITION IS FILED ALLEGING THAT
A CHILD IS NEGLECTED OR DEPENDENT BASED UPON SECTION 193102
(2), THE COUNTY DEPARTMENT SHALL ENGAGE IN CONCURRENT PLANNING
TO EXPEDITE THE PERMANENCY PLANNING PROCESS FOR THE CHILD WHO
IS THE SUBJECT OF SUCH PETITION.
SECTION 14. 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 THE CHILD
IN THEIR CARE FOR MORE THAN THREE MONTHS 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.
SECTION 15. 193508
(1) (e) (I), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
193508. Neglected or dependent
child disposition. (1) When
a child has been adjudicated to be neglected or dependent, the
court may enter a decree of disposition the same day, but in any
event it shall do so within fortyfive days unless the court
finds that the best interests of the child will be served by granting
a delay. 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), the
court shall enter a decree of disposition within thirty days after
the adjudication and shall not grant a delay unless good cause
is shown and unless the court finds that the best interests of
the child will be served by granting the delay. It is the intent
of the general assembly that the dispositional hearing be held
on the same day as the adjudicatory hearing, whenever possible.
If a delay is granted, the court shall set forth the reasons why
a delay is necessary and the minimum amount of time needed to
resolve the reasons for the delay and shall schedule the hearing
at the earliest possible time following the delay. When the decree
does not terminate the parentchild legal relationship, the
court shall approve an appropriate treatment plan that shall include
but not be limited to one or more of the following provisions
of paragraphs (a) to (d) of this subsection (1):
(e) (I) The court shall approve an
appropriate treatment plan involving the child named and each
respondent named and served in the action. However, the court
may find that an appropriate treatment plan cannot be devised
as to a particular respondent because the child has been abandoned
as set forth in subsection (4) of this section and the parents
cannot be located OR BECAUSE THE CHILD HAS BEEN ADJUDICATED AS
NEGLECTED OR DEPENDENT BASED UPON SECTION 193102 (2).
SECTION 16. 193604
(1) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
193604. Criteria for termination.
(1) The court may order a termination of the parentchild
legal relationship upon the finding of any one of the following:
(b) That the child is adjudicated dependent
or neglected and the court has found by clear and convincing evidence
that no appropriate treatment plan can be devised to address the
unfitness of the parent or parents. In making such a determination,
the court shall find one of the following as the basis for unfitness:
(I) Emotional illness, mental illness,
or mental deficiency of the parent of such duration or nature
as to render the parent unlikely within a reasonable time to care
for the ongoing physical, mental, and emotional needs and conditions
of the child;
(II) A single incident resulting in a
gravely disabling injury or disfigurement of the child;
(III) Longterm confinement of the
parent of such duration that the parent is not eligible for parole
for at least six years after the date the child was adjudicated
dependent or neglected or, 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), the longterm confinement of the
parent of such duration that the parent is not eligible for parole
for at least thirtysix months after the date the child was
adjudicated dependent or neglected and the court has found by
clear and convincing evidence that no appropriate treatment plan
can be devised to address the unfitness of the parent or parents;
(IV) Gravely disabling injury or death
of a sibling due to proven parental abuse or neglect;
(V) AN IDENTIFIABLE PATTERN OF HABITUAL
ABUSE TO WHICH ANOTHER CHILD HAS BEEN SUBJECTED AND, AS A RESULT
OF WHICH, A COURT HAS ADJUDICATED ANOTHER CHILD AS NEGLECTED OR
DEPENDENT BASED UPON ALLEGATIONS OF SEXUAL OR PHYSICAL ABUSE,
OR A COURT OF COMPETENT JURISDICTION HAS DETERMINED THAT SUCH
ABUSE HAS CAUSED THE DEATH OF ANOTHER CHILD.
SECTION 17. 191107
(3), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
191107. Social study and
other reports. (3) In any case
where placement out of the home is recommended, the social study
required by subsection (1) of this section shall include THE COST
OF THE RECOMMENDED PLACEMENT AND an evaluation for placement containing
the information required by section 193701 (5). Placement
criteria shall be developed jointly by the department of education
and the department of human services, and, in the case of matters
involving juvenile delinquency, in accordance with the criteria
for the placement of juveniles specified in section 1921602
(1) (a). Such criteria shall be used by the probation department
or agency designated by the court to determine its recommendation
about the need for placement.
SECTION 18. 193508
(5) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
193508. Neglected or dependent
child disposition. (5) (b) If
the court finds that placement out of the home is necessary and
is in the best interests of the child and the community, the court
shall place the child with a relative, including the child's grandparent,
as provided in paragraph (b) of subsection (1) of this section,
if such placement is in the child's best interests. The court
shall place the child in the facility or setting which
THAT most appropriately meets the needs of the child, the family,
and the community. In making its decision as to proper placement,
the court shall utilize the evaluation for placement prepared
pursuant to section 191107. If the court places
the child in a facility located in Colorado other than one recommended
by the evaluation for placement, in a facility located outside
this state in accordance with the evaluation for placement, or
in a facility in which the average monthly cost exceeds the amount
established by the general assembly in the general appropriation
bill, it shall make specific findings of fact, including the monthly
cost of the facility in which such child is placed, relating to
its placement decision. DEVIATES
FROM THE RECOMMENDATIONS OF THE EVALUATION FOR PLACEMENT IN A
MANNER THAT RESULTS IN A DIFFERENCE IN THE COST OF THE DISPOSITION
ORDERED BY THE COURT AND THE COST OF THE DISPOSITION RECOMMENDED
IN THE EVALUATION, THE COURT SHALL MAKE SPECIFIC FINDINGS OF FACT
RELATING TO ITS DECISION, INCLUDING THE MONTHLY COST OF THE PLACEMENT,
IF ORDERED. A copy of such findings shall be sent to the chief
justice of the supreme court, who shall report monthly
ANNUALLY to the joint budget committee and annually to the health,
environment, welfare, and institutions committees of the house
of representatives and senate of the general assembly on such
placements
ORDERS.
SECTION 19. 193701
(6), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
193701. Petition for review
of need for placement. (6) The
petition for review of need for placement shall request the court
to determine, by a preponderance of the evidence, if placement
or continued placement is necessary and is in the best interest
of the child and of the community. If the court makes such a finding,
it shall enter a decree ordering the child's placement out of
the home in the facility or setting which
THAT most appropriately meets the needs of the child, the family,
and the community. In making its decision as to proper placement,
the court shall utilize the evaluation for placement prepared
pursuant to section 191107 or the evaluation for placement
required by subsection (5) of this section, THAT SHALL STATE THE
COST OF RECOMMENDED PLACEMENT. If the evaluation for placement
recommends placement in a facility located in Colorado which can
provide appropriate treatment and which will accept the child,
then the court shall not place the child in a facility outside
this state. If the court places the
child in a facility located in Colorado other than one recommended
by the evaluation for placement, in a facility located outside
this state in accordance with the evaluation for placement, or
in a facility in which the average monthly cost exceeds the amount
established by the general assembly in the general appropriation
bill, it shall make specific findings of fact, including the monthly
cost of the facility in which such child is placed, relating to
its placement decision. DEVIATES
FROM THE RECOMMENDATIONS OF THE EVALUATION FOR PLACEMENT IN A
MANNER THAT RESULTS IN A DIFFERENCE IN THE COST OF THE DISPOSITION
ORDERED BY THE COURT AND THE COST OF THE DISPOSITION RECOMMENDED
IN THE EVALUATION, THE COURT SHALL MAKE SPECIFIC FINDINGS OF FACT
RELATING TO ITS DECISION, INCLUDING THE MONTHLY COST OF THE PLACEMENT,
IF ORDERED. A copy of such findings shall be sent to the chief
justice of the supreme court, who shall report
monthly ANNUALLY to the joint budget
committee and annually to the health, environment, welfare, and
institutions committees of the house of representatives and senate
of the general assembly on such placements
ORDERS. If the court commits the child to the department of human
services, it shall not make a specific placement, nor shall the
provisions of this subsection (6) relating to specific findings
of fact be applicable. If the court makes a finding that continued
placement is not necessary and is not in the best interest of
the child and the community, the court shall dismiss the petition
for review of need for placement and shall order that the child
be returned home. The court may require a continued hearing of
the petition for review of need for placement for a period not
to exceed fourteen days if it finds that the materials submitted
are insufficient to make a finding as provided in this subsection
(6).
SECTION 20. Appropriation.
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 seventeen thousand six hundred fiftythree dollars
($17,653), or so much thereof as may be necessary, for the implementation
of this act.
SECTION 21. Effective date.
This act shall take effect upon passage; except that sections
6 through 19 of this act shall take effect July 1, 1997, and sections
18 and 19 shall apply to dispositional orders entered on or after
said date.
SECTION 22. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO