2023 Colorado Revised Statutes › Title 17 - CORRECTIONS (§§ 17-1-101 — 17-42-105) › MISCELLANEOUS PROVISIONS (§§ 17-42-101 — 17-42-105) › Article 42 - MISCELLANEOUS PROVISIONS (§§ 17-42-101 — 17-42-105) › Section 17-42-105 - [Effective 8/7/2024] Incarcerated parents - notification to court - mittimus - family services coordinator - report - policies

(1)
(a)
Pursuant to section 19-3-502 (5.5)(c), a representative of the facility where the respondent is incarcerated shall, when possible, inform the court not less than seventy-two hours prior to a dependency and neglect proceeding if it cannot facilitate transportation of the respondent to a proceeding. A representative of the facility where the respondent is incarcerated shall inform the court if the respondent refuses transportation and the circumstances of the refusal as soon as practicable.
(b)
If the facility where the respondent is incarcerated cannot facilitate transportation of the respondent to a hearing pursuant to section 19-3-502 (5.5), the facility shall make every reasonable effort to facilitate the respondent's participation at the hearing through audio-visual communication technology, so long as the requirements pursuant to section 19-3-502 (5.5)(b)(I) are satisfied.
(2)
If a person's mittimus contains information indicating that the person is a parent to a child and is a party to an open dependency and neglect proceeding pursuant to article 3 of title 19, the department shall:
(a)
Consider placing the person in a correctional facility that facilitates opportunities for family time at the facility between the child and parent, unless the court determines that family time does not serve the child's best interests, or a protection order prohibits contact between the child and the parent; and
(b)
Notify the county department of human or social services where the dependency and neglect case is filed of the location of the parent's correctional facility and the contact information for the designated individual within the legal services unit not later than fourteen days after the parent's arrival at the facility.
(3)
The department shall ensure children and parents have access to opportunities that facilitate continued relationships between children and their parents who are incarcerated, regardless of whether they are a respondent in a dependency and neglect proceeding. The opportunities must include:
(a)
Events at the facility that are child-focused and are publicized prior to the event;
(b)
Facilitating access to treatment and services to complete any treatment plan for a parent who is a party to a pending dependency and neglect proceeding; and
(c)
Facilitating opportunities for a parent to participate in the parent's child's life through audio-visual communication technology, including school conferences, medical consultations, and celebrations.
(4)
The department shall designate at least one individual within the legal services unit to assist in family services coordination. The individual's duties include the coordination and supervision of the opportunities described in subsection (3) of this section and serving as a liaison between the department, sheriffs, department of human services, county department of human or social services, and agencies concerning matters related to children and their parents who are incarcerated.
(5)
(a)
On or before March 1, 2024, and on or before March 1 each year thereafter, the executive director of the department shall submit a report to the judiciary committees of the senate and house of representatives, or any successor committees, concerning parents who are incarcerated. The department shall cooperate with the state department of human services, county departments of human or social services, and sheriffs as necessary to identify the information required for the report. At a minimum, the report must specify persons incarcerated in department facilities, private correctional facilities under contract with the department, and jails, during the preceding calendar year who were a party to an open dependency and neglect proceeding, in total and disaggregated by race or ethnicity, sex, any known disability, and age.
(b)
On or before March 1, 2024, and on or before March 1 each year thereafter, the department shall make the report publicly available on its website.
(c)
The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of individuals' information.
(d)
Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely.
(6)
The department shall ensure that departmental policies:
(a)
Facilitate communication and family time between children and their parents who are incarcerated in a department facility or a private correctional facility under contract with the department, regardless of whether they are a respondent in a dependency and neglect proceeding. The policies must include the provision of access to a telephone and audio-visual communication technology and access to physical space and resources for in-person family time. The purpose of the policies is to normalize, to the extent possible, the child and parent relationship, to aid and encourage healthy child development, and reduce recidivism and intergenerational incarceration. The policies must consider the benefits to the child through maintaining contact with the child's parent and the parent's willingness and desire to maintain a meaningful relationship with the child, and assist in the reunification of the child and parent, when appropriate. The policies must prioritize access to services provided by the department for parents with open dependency and neglect cases; and
(b)
Are necessary to comply with the requirements of this section.
Amended by 2024 Ch. 155,§ 3, eff. 8/7/2024.
Added by 2023 Ch. 191,§ 10, eff. 1/1/2024.
2024 Ch. 155, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.