2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.5 - Family Preservation (§§ 26-5.5-101 — 26-5.5-106) › Section 26-5.5-104 - Statewide family preservation program - creation - single state agency designated - program criteria established - available services - powers and duties of agencies - local oversight - feasibility report

(1)
The executive directors of the departments of health care policy and financing and human services, through the promulgation of rules, may jointly develop, finance, and implement a statewide family preservation program, which program shall be fully implemented no later than July 1, 1996. The state department is hereby designated as the single state agency to administer the program in accordance with this article and applicable federal law.
(2)
The program shall be implemented as follows:
(a)
No later than January 1, 1996, services aimed at reunification of families shall, within available appropriations, be made available to appropriate families where a child has been placed out of the home;
(b)
No later than July 1, 1996, family preservation services shall, within available appropriations, be available to serve appropriate families who are involved in, or who are at risk of being involved in, the child welfare, mental heath, and juvenile justice systems.
(3)
Family preservation services shall, at a minimum, include the following:
(a)
Screening to determine the appropriateness of providing family preservation services, including intensive services and reunification services, to a family;
(b)
An assessment of the risk to a child and the needs of a child and the child's family, considering any special needs of a child and the cultural background of the family;
(c)
Appropriate intervention to meet the assessed needs of the child and the child's family, taking into account the geographical location of the family and available resources in such locale;
(d)
Referral to community services and support systems; and
(e)
Follow-up care, where appropriate.
(4)
(a)
Intensive services shall be available for an at-risk family in the family home, as deemed necessary by the county department. Intensive services shall include, at a minimum:
(I)
Family preservation services described in subsection (3) of this section; except that the screening of a family for intensive services shall occur within twenty-four hours after referral by the investigating or placement agency to decide the appropriateness of providing intensive services to the family where the child has been determined by the investigating or placement agency to be at imminent risk of out-of-home placement or at risk of continued involvement in the child welfare system;
(II)
Crisis intervention, including in-home counseling, by a case manager or case worker, which intervention shall be available on a twenty-four-hour basis;
(III)
Concentrated assistance in the development and enhancement of parenting skills, stress reduction, and problem-solving from a case manager or case worker; and
(IV)
Individualized and group counseling.
(b)
(Deleted by amendment, L. 2008, p. 11, § 2, effective August 5, 2008.)
(c)
Intensive services shall be available to a family for a child who requires a more restrictive level of care but who may be maintained at a less restrictive out-of-home placement or in his or her own home with services for a period of time as determined by rule of the state department.
(5)
The state department of human services and county departments of human or social services may seek the assistance of any public or private entity in carrying out the duties set forth in this article 5.5. In addition, the state department may contract with any public or private entity in providing the services described in this article 5.5. Priority must be given to vendors who provide the most geographically and culturally relevant services.
(6)
On and after July 1, 1994, the executive director of the state department shall annually evaluate the statewide family preservation program and shall determine the overall effectiveness and cost-efficiency of the program. Notwithstanding section
24-1-136 (11)(a)(I)
, on or before the first day of October of each year, the executive director of the state department shall report such findings and shall make recommended changes, including budgetary changes, to the program to the general assembly, the chief justice of the supreme court, and the governor. In evaluating the program, the executive director of the state department shall consider any recommendations made by the interagency family preservation commission in accordance with section
26-5.5-106
. To the extent changes to the program may be made without requiring statutory amendment, the executive director may implement such changes, including changes recommended by the commission acting in accordance with subsection (7) of this section.
(7)
The inter-agency family preservation commission, established pursuant to section
26-5.5-106
, shall be responsible for providing oversight of the local implementation of the statewide family preservation program. In providing oversight, the commission shall, on and after July 1, 1994, annually evaluate the overall effectiveness and cost-efficiency of the program and shall make recommended changes to the executive director of the state department. The commission shall submit to the executive director of the state department a report of its findings on or before the first day of September of each year.
Amended by 2018 Ch. 38, § 123, eff. 8/8/2018.
Amended by 2017 Ch. 154, § 12, eff. 8/9/2017.
L. 93: Entire article R&RE, p. 2008, § 1, effective July 1. L. 94: IP(4)(a) amended, p. 1055, § 7, effective May 4; (1) and (5) amended, pp. 2634, 2705, §§ 68, 267, effective July 1. L. 2008: (4) amended, p. 11, § 2, effective August 5. L. 2011: (2)(b), IP(4)(a), (4)(a)(I), (4)(a)(II), and (4)(a)(III) amended, (HB 11-1196), ch. 160, pp. 552, 555, §§ 2, 8, effective August 10. L. 2017: (6) amended, (SB 17-234), ch. 154, p. 523, § 12, effective August 9. L. 2018: (5) amended, (SB 18-092), ch. 38, p. 448, § 123, effective August 8.
Amendments to subsection (1) by sections 68 and 267 of House Bill 94-1029 were harmonized.
For the legislative declaration contained in the 1994 act amending subsections (1) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.