reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-101 - Legislative declaration

(1)
The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the "Family First Prevention Services Act", the general assembly finds it is necessary to update current statutes to enable Colorado to provide enhanced support to children, youth, and their families in order to prevent foster care placements.
(2)
It is the intent of the general assembly to treat children and youth in-home or with a kin caregiver when doing so serves the safety, permanent placement, and well-being of the child or youth.
Added by 2019 Ch. 256,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1308), ch. 2456, p. 2456, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-102 - Definitions

As used in this article 5.4, unless the context otherwise requires:
(1)
"Foster care prevention services" means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal "Family First Prevention Services Act" that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.
(2)
"Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act",
42 U.S.C. sec. 672(k)(4)
, and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section
19-1-115(4)(e)(I)
.
(3)
"Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing.
Amended by 2020 Ch. 216,§ 63, eff. 6/30/2020.
Added by 2019 Ch. 256,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1308), ch. 2456, p. 2456, § 1, effective August 2. L. 2020: (2) amended, (HB 20-1402), ch. 1056, p. 1056, § 63, effective June 30.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-103 - Foster care prevention services program - rules

(1)
The state department is authorized to include in the state's five-year Title IV-E prevention plan, as defined in
42 U.S.C. sec. 671
, the establishment and implementation of a foster care prevention services program for families with children and youth who are candidates for foster care but who can safely remain at home or in a kinship placement with receipt of services, including children and youth who, without intervention, risk involvement with the child welfare system as established by rule of the state board. The state department shall promulgate rules setting forth procedures regarding the provision of these services.
(2)
Nothing in this article 5.4 shall prevent the state department from complying with federal requirements for a foster care prevention services program in order for the state to qualify for federal money under the federal "Social Security Act", as amended.
Added by 2019 Ch. 256,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1308), ch. 2457, p. 2457, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-104 - Eligibility requirements - period of eligibility - services available - rules

(1)
Children and youth and their parents, legal custodians, legal guardians, or kin caregivers are eligible for foster care prevention services when their needs for services are directly related to the safety, permanent placement, or well-being of the child or youth, or to prevent the child or youth from entering the foster care system.
(2)
Foster care prevention services may be authorized for up to twelve months per episode of eligibility.
(3)
Foster care prevention services provided pursuant to this article 5.4 must be defined in the child's or youth's prevention plan, as defined through rules promulgated by the state board.
Added by 2019 Ch. 256,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1308), ch. 2457, p. 2457, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-105 - Implementation of article - federal authorization - request for funding

The state department shall implement the provisions of this article 5.4 and the provisions of title 19 and this title 26 executing the utilization of foster care prevention services and qualified residential treatment programs when the federal government approves Colorado's five-year Title IV-E prevention plan, at which time the department may submit a budget request to the joint budget committee for necessary funding to implement the plan.
Added by 2019 Ch. 256,§ 1, eff. 8/2/2019.
L. 2019: Entire article added, (HB 19-1308), ch. 2457, p. 2457, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.4 - FOSTER CARE PREVENTION SERVICES (§§ 26-5.4-101 — 26-5.4-106) › Section 26-5.4-106 - Foster care prevention services - provision of services - rights and remedies - exchange of information

(1)
A county department of human or social services may provide both child welfare and prevention services, including but not limited to foster care prevention services, as defined in section
26-5.4-102
, to a family and its children.
(2)
Nothing in this section affects any existing rights of a child or youth, including those eligible for foster care prevention services, or any existing rights of a parent who is eligible for foster care prevention services.
(3)
An entity providing foster care prevention services shall ensure that all information obtained and exchanged is confidential as required pursuant to federal and state laws regarding confidentiality.
Added by 2020 Ch. 221,§ 7, eff. 7/2/2020.
L. 2020: Entire section added, (SB 20-162), ch. 1091, p. 1091, § 7, effective July 2.
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 26-5.5-101 - Short title

This article shall be known and may be cited as the "Colorado Family Preservation Act".
L. 93: Entire article R&RE, p. 2006, § 1, effective July 1.
This section is similar to former § 26-5.5-101 as it existed prior to 1993.
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 26-5.5-102 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Maintaining a family structure to the greatest degree possible is one of the fundamental goals that all state agencies must observe, and the state's intervention in family dynamics should not exceed that which is necessary to rectify the cause for intervention;
(b)
Out-of-home placement is often the most expensive and disruptive method of providing services to troubled families;
(c)
It is becoming increasingly difficult to attract foster parents for the number of children placed out of the home;
(d)
The principle of appropriate state intervention is a cornerstone of family preservation services. Such services, when properly targeted and administered, provide states with an opportunity to initiate the systemic reform of children, youth, and families public services by providing services that are family-focused, outcome-driven, and cost-efficient.
(e)
Family preservation programs implemented in other states, such as the "homebuilder's" model in the state of Washington, have resulted in improved family-functioning rates. Placement prevention rates of up to eighty-eight percent have been reported in some of the thirty-one states that have initiated some form of a family preservation program.
(f)
A statewide family preservation program may be financed to provide intensive services for families where a child is at risk of an out-of-home placement based on criteria established by the state board of human services and to provide phased-in services aimed at reunifying families where a child has been placed out of the home, where appropriate, by tapping into other available federal funds or through moneys realized from cost avoidance in prevention of placement;
(g)
On the basis of the foregoing, it is appropriate to enact the provisions of this article providing for the implementation of a statewide family preservation program that provides for immediate intensive services for at-risk families and phased-in services aimed at reunifying families, where appropriate, when the targeted families for intensive or reunification services have been served.
(2)
It is the general assembly's intent that the implementation and financing of the statewide family preservation program be consistent with applicable federal mandates, including any federal financial participation requirements, and that the implementation of the program not place this state at risk of losing federal funds received by the state for children, youth, and families services prior to the enactment of this article.
L. 93: Entire article R&RE, p. 2006, § 1, effective July 1. L. 94: (1)(f) amended, p. 1055, § 6, effective May 4. L. 97: (1)(f) amended, p. 1024, § 46, effective August 6.
This section is similar to former § 26-5.5-102 as it existed prior to 1993.
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 26-5.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"At-risk family" means a family unit with a child who meets out-of-home placement criteria as established by the state board or who, without intervention, risks continued involvement with the child welfare system as established by the state board.
(1.5)
Repealed.
(2)
"Family preservation services" means services or assistance that focuses on family strengths and includes services that empower a family by providing alternative problem-solving techniques, child-rearing practices, responses to living situations that create stress upon the family, and resources that are available as support systems for the family. Family preservation services include, but are not limited to services and resources described in section
26-5.5-104
.
(3)
"Intensive services" means immediate, concentrated, and in-home crisis intervention by one or more family development specialists who assist a family in developing strengths to cope with family stress.
L. 93: Entire article R&RE, p. 2007, § 1, effective July 1. L. 94: (1) amended, p. 2705, § 266, effective July 1. L. 2008: Entire section amended, p. 12, § 3, effective August 5. L. 2011: (1) amended and (1.5) repealed, (HB 11-1196), ch. 160, pp. 552, 555, §§ 1, 7, effective August 10.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 26-5.5-105 - Financing of family preservation program

The implementation of the statewide family preservation program shall be subject to the availability of federal financial participation for emergency assistance under Title IV-A of the federal "Social Security Act", other available federal funds, appropriations from the general assembly, and moneys realized from avoiding costs related to out-of-home placements. In addition, the executive director of the state department is hereby authorized to accept any grants, donations, gifts, or contributions from any other private or public entity.
L. 93: Entire article R&RE, p. 2010, § 1, effective July 1; entire section R&RE, p. 2004, § 3, effective July 1. L. 94: Entire section amended, p. 1056, § 8, effective May 4.
This section is similar to former § 26-5.5-105 as it existed prior to 1993.
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 26-5.5-106 - Family preservation commission - establishment or designation - duties

(1)
The governing body of each county or city and county shall establish a family preservation commission for the county or city and county to carry out the duties described in subsection (2) of this section. The commission shall be interdisciplinary and multiagency in composition; except that such commission shall include at least two members from the public at large. The governing body may designate an existing board or group to act as the commission. A group of counties may agree to designate a regional commission to act collectively as the commission for all of such counties. A family preservation commission may be consolidated with other local advisory boards pursuant to section
24-1.7-103
, C.R.S.
(2)
It shall be the duty of each commission established or designated pursuant to subsection (1) of this section to hold periodic meetings and evaluate the family preservation program within the county or city and county, and to identify any recommended changes to such program. On and after July 1, 1994, the commission shall submit an annual report to the executive director of the state department. The report shall consist of an evaluation of the overall effectiveness and cost-efficiency of the program and any recommended changes to such program. The report shall be submitted on or before the first day of September of each year.
L. 93: Entire article R&RE, p. 2011, § 1, effective July 1. L. 97: (1) amended, p. 1191, § 16, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-101 - Short title

This article shall be known and may be cited as the "Homeless Youth Act".
L. 97: Entire article added, p. 977, § 2, effective May 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-102 - [Effective Until 8/7/2024] Definitions

As used in this article 5.7, unless the context otherwise requires:
(1)
"County department" means the county, city and county, or district department of human or social services.
(2)
(a)
"Homeless youth" means a child or youth who is at least eleven years of age but is less than twenty-one years of age and who:
(I)
Lacks a fixed, regular, and adequate nighttime residence; or
(II)
Has a primary nighttime residence that is:
(A)
A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; or
(B)
A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.
(b)
"Homeless youth" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.
(3)
"Homeless youth shelter" means a facility that is licensed pursuant to section
26-6-905
.
(3.5)
"Licensed host family home" means a home that meets the requirements established by the state board by rule pursuant to section
26-6-909 (6)
.
(4)
"Parent" means the legal custodian or guardian of the youth.
(5)
"Youth" or "child" means any person who is at least eleven years of age but is less than twenty-one years of age.
Amended by 2022 Ch. 123, § 101, eff. 7/1/2022.
Amended by 2018 Ch. 38, § 124, eff. 8/8/2018.
L. 97: Entire article added, p. 977, § 2, effective May 22. L. 2011: (2) and (5) amended and (3.5) added, (HB 11 -1079), ch. 83, p. 223, § 1, effective August 10. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 449, § 124, effective August 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-102 - [Effective 8/7/2024] Definitions

As used in this article 5.7, unless the context otherwise requires:
(1)
"County department" means the county, city and county, or district department of human or social services.
(2)
(a)
"Homeless youth" means a child or youth who is at least eleven years of age but is less than twenty-one years of age and who:
(I)
Lacks a fixed, regular, and adequate nighttime residence; or
(II)
Has a primary nighttime residence that is:
(A)
A supervised, publicly or privately operated shelter designed to provide temporary living accommodations; or
(B)
A public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.
(b)
"Homeless youth" shall not include any individual imprisoned or otherwise detained pursuant to an act of congress or a state law.
(3)
"Homeless youth shelter" means a facility that is licensed pursuant to section
26-6-905
.
(3.5)
[Repealed by 2024 Amendment.]
(4)
"Parent" means the legal custodian or guardian of the youth.
(5)
"Youth" or "child" means any person who is at least eleven years of age but is less than twenty-one years of age.
Amended by 2024 Ch. 221,§ 3, eff. 8/7/2024.
Amended by 2022 Ch. 123, § 101, eff. 7/1/2022.
Amended by 2018 Ch. 38, § 124, eff. 8/8/2018.
L. 97: Entire article added, p. 977, § 2, effective May 22. L. 2011: (2) and (5) amended and (3.5) added, (HB 11 -1079), ch. 83, p. 223, § 1, effective August 10. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 449, § 124, effective August 8.
2024 Ch. 221, 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.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-103 - Family reconciliation services

(1)
Out of moneys appropriated to the state department for family reconciliation services, the state department may elect to contract directly with private nonprofit organizations or entities for the provision of family intervention reconciliation services or pass the moneys to a county department electing to provide such services. In such circumstances, the county department may provide the family intervention reconciliation services directly or the county department may contract with private nonprofit organizations or entities for the provision of such services. The county may also contract with private nonprofit organizations or entities for the provision of voluntary alternative residences pursuant to sections
26-5.7-107
and
26-5.7-108
.
(2)
Any county department may elect to establish a program to provide services consistent with this article. If a county department so elects, it shall notify the state department of such action, and any homeless youth or any member of a family that is in conflict or is experiencing problems with a homeless youth may request family reconciliation services from the county department. Such services may be provided to alleviate personal or family situations that present a serious and imminent threat to the health, safety, or welfare of the youth or family and to maintain intact families wherever possible. Services shall be provided at the discretion of the county department, within the county department's available resources.
(3)
Family reconciliation services that may be established shall be designed to develop skills and support within families to resolve problems related to homeless youth or family conflicts and may include, but are not limited to, referral services for suicide prevention, family preservation services, psychiatric or other medical care, or psychological, welfare, legal, educational, mediation, or other social services such as temporary shelter or independent living, as appropriate to the needs of the youth and the family. County departments that elect to provide family educational reconciliation services shall work in cooperation with school district boards of education providing educational services to homeless children in order to jointly develop educational programs for homeless youth consistent with section
22-33-103.5
, C.R.S.
L. 97: Entire article added, p. 977, § 2, effective May 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-104 - Taking youth into custody - transporting to residence or child care facility or homeless youth shelter

(1)
A law enforcement officer may take a youth into temporary custody without an order of the court under the following circumstances:
(a)
If a law enforcement agency has been contacted by the youth's parent and informed that the youth is absent from parental custody without consent; or
(b)
If an officer has reasonable cause to believe, considering the youth's age, the youth's location, and the time of day, that the youth is in circumstances that constitute a danger to the youth's safety.
(2)
Law enforcement custody pursuant to this section shall not extend beyond the amount of time reasonably necessary to transport the youth to a destination authorized pursuant to subsection (4) of this section.
(3)
Nothing in this section shall affect the authority of a law enforcement officer to take a youth into custody and follow the procedures established pursuant to article 2.5 or 3 of title 19, C.R.S.
(4)
A law enforcement officer taking a youth into custody pursuant to this section shall inform the youth of the reason for such custody and shall comply with either of the following:
(a)
The officer shall transport the youth to the home of the youth's parent. The officer releasing the youth into the custody of the youth's parent shall inform the parent of the reason for taking the youth into custody and shall inform the youth and the parent of the nature and location of any family reconciliation services available in their community.
(b)
The officer shall take the youth to a licensed child care facility or to a licensed homeless youth shelter if:
(I)
The youth evinces fear or distress at the prospect of being returned to the home of the youth's parent;
(II)
It is not practical to transport the youth to the home of the youth's parent; or
(III)
There is no parent available to accept custody of the youth.
Amended by 2022 Ch. 421,§67, eff. 8/10/2022.
L. 97: Entire article added, p. 978, § 2, effective May 22.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-106 - Notification

(1)
Any person who provides shelter to a youth without the consent of the youth's parent or legal guardian and after said person knows that the youth is away from the home of the youth's parent or legal guardian without permission shall notify the youth's parent, legal guardian, or a law enforcement officer that the youth is being sheltered within twenty-four hours after shelter has been provided and after acquiring knowledge that the youth is away from the home of the youth's parent or legal guardian without permission. If the youth refuses to provide the shelter with contact information for the youth's parent or legal guardian, the youth's parent or legal guardian is deceased, or the shelter director or other person in charge believes that notifying the parent or legal guardian would not be in the youth's best interest due to an imminent risk of abuse or neglect by the parent or legal guardian, the shelter shall notify the appropriate county department.
(2)
Upon admission of a youth to a licensed child care facility or licensed homeless youth shelter pursuant to this article 5.7, the facility or shelter shall:
(a)
Notify the youth's parent, legal guardian, or appropriate county department of the youth's whereabouts, physical and emotional condition, and the circumstances surrounding the youth's placement within twenty-four hours;
(b)
Notify the youth's parent or legal guardian that it is the paramount concern of the facility or shelter to achieve a reconciliation between the parent or legal guardian and the youth, to reunify the family, and to inform the parent or legal guardian about available alternatives;
(c)
Arrange transportation for the youth to the residence of the youth's parent or legal guardian when the youth and the parent or legal guardian agree that the youth shall return to the home of the youth's parent or legal guardian. The parent or legal guardian shall reimburse the party who paid for the transportation costs to the extent of the parent's or legal guardian's ability.
(d)
Arrange transportation for the youth to an alternative residential placement facility when the youth and the youth's parent or legal guardian agree to such placement. The parent or legal guardian shall reimburse the appropriate person for transportation costs to the extent of the parent's or legal guardian's ability.
Amended by 2020 Ch. 128,§ 3, eff. 9/14/2020.
L. 97: Entire article added, p. 980, § 2, effective May 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-107 - Voluntary alternative residence - parental agreement

(1)
Any available family reconciliation services shall be provided to a youth and the youth's family when the youth voluntarily resides elsewhere than with the youth's parent. A youth and the youth's parent may enter into an agreement for a voluntary alternative residence out of the home. Any agreement for voluntary alternative residence shall be in writing signed by both the youth and the youth's parent and may include, but is not limited to, residence with a relative or other responsible adult, in a licensed child care facility, or in a licensed homeless youth shelter. Voluntary alternative residence may continue as long as there is agreement between the youth and the youth's parent.
(2)
Agreements for voluntary alternative residence pursuant to subsection (1) of this section may include arrangements for payment to the party providing the residence for the youth or other responsibilities.
(3)
A person assuming responsibility under the agreement for the provision of a residence for the youth shall have the authority to:
(a)
Enroll the youth in the school district in which the voluntary alternative residence is located; and
(b)
Authorize and obtain preventive medical and dental care and treatment for the youth.
L. 97: Entire article added, p. 980, § 2, effective May 22.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.7 - HOMELESS YOUTH (§§ 26-5.7-101 — 26-5.7-110) › Section 26-5.7-109 - [Repealed]

L. 97: Entire article added, p. 982, § 2, effective May 22. L. 2007: Entire section repealed, p. 286, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.9 - [Repealed] (§ 26-5.9-101) › Section 26-5.9-101 - to 26-5.9-105 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1230), ch. 170, p. 590, §§ 6, 7, effective July 1.
(1) This article was added in 2004 and was not amended prior to its repeal in 2011. Some sections of this article were relocated to §
24-32-723
. Former C.R.S. section numbers are shown in the editor's note following that section.
(2) Sections 26-5.9-103(2) and 26-5.9-105(3) as amended by House Bill 11-1079 were relocated to §
24-32-723(2) and (4)(c)
, respectively, and harmonized with House Bill 11-1230.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 1 - [Repealed] CHILD CARE LICENSING (§ 26-6-101) › Section 26-6-101 - to 26-6-122 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Entire part renumbered by 2022 Ch. 123, § 3, eff. 7/1/2022.
L. 67: p. 1039, § 3. C.R.S. 1963: § 119-8-1. L. 96: Entire section amended, p. 806, § 2, effective May 23; entire section amended, p. 251, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 2 - [Repealed] (§ 26-6-201) › Section 26-6-201 - to 26-6-206 - [Repealed]

(1) Section 26-6-206 provided for the repeal of this part 2, effective July 1, 1998. (See L. 96, p. 806.)
(2) This part 2 was added in 1996 and was not amended prior to its repeal in 1998. For the text of this part 2 prior to 1998, consult the 1997 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 3 - [Repealed] (§ 26-6-301) › Section 26-6-301 - to 26-6-307 - [Repealed]

(1) Section 26-6-307 provided for the repeal of this part 3, effective July 1, 2007. (See L. 2004, p. 1771.)
(2) This part 3 was added in 2000.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 4 - [Repealed] (§ 26-6-401) › Section 26-6-401 - to 26-6-406 - [Repealed]

(1) Section 26-4-406(2) provided for the repeal of this part 4, effective July 1, 2008. (See L. 2004, p. 542.)
(2) This part 4 was added in 2004.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 5 - [Repealed] (§ 26-6-501) › Section 26-6-501 - to 26-6-506 - [Repealed]

(1) Section 26-4-506 provided for the repeal of this part 5, effective July 1, 2008. (See L. 2007, p. 292.)
(2) This part 5 was added in 2007 and was not amended prior to its repeal in 2008. For the text of this part 5 prior to 2008, consult the 2007 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 6 - [Repealed] (§ 26-6-601) › Section 26-6-601 - to 26-6-606 - [Repealed]

(1) This part 6 was added in 2011 and was not amended prior to its repeal in 2015.
(2) Section 26-6-606 provided for the repeal of this part 6, effective June 30, 2015. (See L. 2011, p. 71.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-701 - Short title

The short title of this part 7 is the "Kyle Forti Act".
Added by 2019 Ch. 265,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2505, p. 2505, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-702 - Definitions

As used in this part 7, unless the context otherwise requires:
(1)
"Approved temporary caregiver" means a person approved by a temporary care assistance program pursuant to this part 7 who is delegated temporary care responsibility of a minor by a parent or guardian through a power of attorney, as described in section
15-14-105
.
(2)
"Temporary care assistance program" means a program operated by a child placement agency that assists a parent or guardian with recruiting and identifying an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney pursuant to section
15-14-105
.
Added by 2019 Ch. 265,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2505, p. 2505, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-703 - Temporary care assistance program permitted

(1)
A child placement agency may operate a temporary care assistance program; except that, prior to July 1, 2021, only a child placement agency that is a nonprofit organization, and that operates a program similar to a temporary care assistance program in thirty or more states, may operate a temporary care assistance program.
(2)
The activities of a temporary care assistance program performed pursuant to this part 7 do not constitute placing a child pursuant to this article 6.
Added by 2019 Ch. 265,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2506, p. 2506, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-705 - Approval of temporary caregiver - background check - training

(1)
A child placement agency operating a temporary care assistance program may approve as a temporary caregiver any person who meets the standards prescribed by the temporary care assistance program and who complies with the requirements established pursuant to this section.
(2)
(a)
A child placement agency operating a temporary care assistance program shall require an applicant to become an approved temporary caregiver and any other person who resides in the applicant's home and is eighteen years of age or older to submit to the following background checks:
(I)
A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation in the same manner as described in section
26-6-912 (1)(a)(I)(B)
;
(II)
A child abuse and neglect background check pursuant to section
19-1-307
; and
(III)
A check against the state's sex offender registry and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if a person is a registered sex offender.
(b)
A child placement agency operating a temporary care assistance program is responsible for the costs arising from any background check performed pursuant to this section. The child placement agency may collect the costs from any person subject to a background check.
(c)
The child placement agency operating a temporary care assistance program shall maintain records of a background check performed pursuant to this section, including the full transcripts of the background check, for a period of not less than five years. The child placement agency shall make the records available to a parent or guardian executing a power of attorney, and any local, state, or federal authority conducting an investigation involving the approved temporary caregiver, the parent or guardian, or the minor.
(d)
A child placement agency operating a temporary care assistance program shall not approve an applicant as an approved temporary caregiver if a background check conducted pursuant to this section discloses a substantiated allegation of child abuse, neglect, or exploitation, or any crime that would disqualify the applicant or any other person who resides in the applicant's home and is eighteen years of age or older from becoming certified or licensed to operate a foster care home in the state.
(3)
A child placement agency operating a temporary care assistance program shall train an approved temporary caregiver in the rights, duties, and limitations associated with providing care for a minor pursuant to this part 7.
Amended by 2022 Ch. 123, § 103, eff. 7/1/2022.
Added by 2019 Ch. 265, § 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2507, p. 2507, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-706 - Rules

(1)
A temporary care assistance program and a temporary care provider are subject to any rule promulgated by the department that is applicable to noncertified kinship care, defined in section
19-1-103
; except that a temporary care assistance program and a temporary care provider are not subject to a rule that is inconsistent with this part 7.
(2)
Except as provided in subsection (1) of this section, a temporary care assistance program and a temporary caregiver are not subject to any rule promulgated by the department for an activity performed pursuant to this part 7.
Amended by 2021 Ch. 136,§129, eff. 10/1/2021.
Added by 2019 Ch. 265,§1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2508, p. 2508, § 1, effective August 2. L. 2021: (1) amended, (SB 21-059), ch. 749, p. 749, § 129, effective October 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 7 - TEMPORARY CARE ASSISTANCE PROGRAM (§§ 26-6-701 — 26-6-707) › Section 26-6-707 - Application of part

(1)
This part 7 applies only when a parent or guardian of a minor delegates any power regarding care, custody, or property of the minor to an approved temporary caregiver with the assistance of a temporary care assistance program pursuant to this part 7. Nothing in this part 7 restricts, abridges, or alters the right of a minor's parent or guardian to provide for the care of the minor by power of attorney pursuant to any other provision of law.
(2)
Nothing in this part 7:
(a)
Relieves the parent of any obligation to support the minor as otherwise provided by law;
(b)
Limits the authority of the court to order a parent to make support payments or reimbursements for medical, behavioral, health, or other care or treatment;
(c)
Abrogates the right of the minor to any benefits provided through public funds for which the minor is otherwise entitled; or
(d)
Limits or prevents the ability of law enforcement or county child welfare agencies to investigate a report of suspected abuse or neglect of a child pursuant to section
19-3-308
.
Added by 2019 Ch. 265,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1142), ch. 2509, p. 2509, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 8 - [Repealed] EMERGENCY RELIEF GRANT PROGRAMS (§ 26-6-801) › Section 26-6-801 - to 26-6-807 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-3-801
to
26.5-3-805
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2021 Ch. 243, § 3, eff. 6/16/2021.
Amended by 2021 Ch. 243, § 2, eff. 6/16/2021.
Amended by 2021 Ch. 243, § 1, eff. 6/16/2021.
Amended by 2021 Ch. 243, § 4, eff. 6/16/2021.
Added by 2020EX1 Ch. 10, § 1, eff. 12/7/2020.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-901 - [Effective Until 9/1/2024] Short title

The short title of this part 9 is the "Foster Care, Residential, Day Treatment, and Agency Licensing Act".
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-901 - [Effective 9/1/2024] Short title

The short title of this part 9 is the "Foster Care, Kinship Foster Care, Residential, Day Treatment, and Child Placement Agency Licensing and Certification Act".
Amended by 2024 Ch. 289,§ 5, eff. 9/1/2024.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-902 - [Effective Until 9/1/2024] Legislative declaration

(1)
The general assembly finds that regulation and licensing of foster care homes, residential and day treatment child care facilities, and child placement agencies contribute to a safe and healthy environment for children and youth. The provision of such an environment affords benefits to children and youth, their families, their communities, and the larger society. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, youth, their families, foster care providers, child placement agencies, and residential and day treatment child care facilities.
(2)
In balancing the needs of children and their families with the needs of child placement agencies and the residential and day treatment child care industry, the general assembly also recognizes the financial demands the department of human services faces in its attempt to ensure a safe and sanitary environment for children of the state of Colorado who are in foster care with child placement agencies or in residential and day treatment child care facilities. In an effort to reduce the risk to children placed outside their homes while recognizing the financial constraints placed on the department, it is the intent of the general assembly that the limited resources available are focused primarily on residential and day treatment child care facilities and agencies that have demonstrated that children in their care may be at higher risk.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-902 - [Effective 9/1/2024] Legislative declaration

(1)
The general assembly finds that:
(a)
The regulation, licensing, and funding of foster care homes, kinship foster care homes, residential and day treatment child care facilities, and child placement agencies contribute to a safe and healthy environment for children and youth;
(b)
The provision of such an environment affords benefits to children and youth, their families, their communities, and the larger society; and
(c)
Supporting families and kin who are willing to care for a child or youth is one of the most important actions the state can take to promote safe and timely reunification, maintain family connections, create as normal of an experience as possible for children and youth who have been removed from their homes, and prevent further long-term incorporation into the child welfare system.
(1.5)
The general assembly intends that those who regulate and fund, and those who are regulated and funded, work together to meet the needs of the children, youth, and their families; foster care providers; kinship foster care providers; child placement agencies; and residential and day treatment child care facilities.
(2)
In balancing the needs of children and their families with the needs of child placement agencies and the residential and day treatment child care industry, the general assembly also recognizes the financial demands the department of human services faces in its attempt to ensure a safe and sanitary environment for children of the state of Colorado who are in foster care with child placement agencies or in residential and day treatment child care facilities. In an effort to reduce the risk to children placed outside their homes while recognizing the financial constraints placed on the department, it is the intent of the general assembly that the limited resources available are focused primarily on residential and day treatment child care facilities and agencies that have demonstrated that children in their care may be at higher risk.
Amended by 2024 Ch. 289,§ 6, eff. 9/1/2024.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-904 - Applicability of part

(1)
This part 9 does not apply to:
(a)
A child care facility that is approved, certified, or licensed by another state agency or by a federal government department or agency that has standards for operation of the facility and inspects or monitors the facility;
(b)
Occasional care of children that has no apparent pattern and occurs with or without compensation;
(c)
Juvenile courts; or
(d)
Nursing homes that have children as residents.
(2)
A licensee or governing body for which the license is suspended pursuant to section
24-4-104
or that has received a final agency action resulting in the revocation of a license issued pursuant to this part 9 is prohibited from operating, except when the children being cared for are related to the caregiver.
Added by 2022 Ch. 123,§17, eff. 7/1/2022.