reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-104 - Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention

(1)
If a county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B.
(2)
If a county director or his or her designee determines that an at-risk adult is being or has been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article
14
of title
15
, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article
14
of title
15
, C.R.S., or for a court order providing for any combination of these actions.
(3)
Any protective services provided pursuant to this section shall include only those services constituting the least restrictive intervention.
Amended by 2016 Ch. 172, § 12, eff. 7/1/2016.
L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, § 12, effective July 1.
This section is similar to former §§ 26-3.1-102 and 26-3.1-103 as they existed prior to 1991.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-105 - [Repealed]

Repealed by 2013 Ch. 233,§16, eff. 5/16/2013.
L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2013: Entire section repealed, (SB 13-111), ch. 233, p. 1128, § 16, effective May 16.
This section was similar to former § 26-3.1-206 as it existed prior to 2012.
For the legislative declaration in the 2013 act repealing this section, see section 1 of chapter 233, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-106 - Training

The general assembly strongly encourages training that focuses on detecting circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult for those persons who are urged by section
26-3.1-102(1)
to report known or suspected mistreatment or self-neglect of an at-risk adult.
Amended by 2016 Ch. 172,§ 13, eff. 7/1/2016.
L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 562, § 13, effective July 1.
This section is similar to former § 26-3.1-207 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-107 - Background check - adult protective services data system check

(1)
Each county department shall require each protective services employee hired on or after May 29, 2012, to complete a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The employee shall pay the cost of the fingerprint-based criminal history record check unless the county department chooses to pay the cost. Upon completion of the fingerprint-based criminal history record check, the Colorado bureau of investigation shall forward the results to the county department. The county department shall require a name-based judicial record check, as defined in section
22-2-119.3(6)(d)
, for an applicant or an employee when the results of a fingerprint-based criminal history record check performed pursuant to this section reveal a record of arrest without a disposition.
(2)
For each adult protective services employee hired on or after January 1, 2019, each county department shall conduct a CAPS check to determine if the person is substantiated in a case of mistreatment of an at-risk adult. The county department shall conduct the CAPS check pursuant to state department rules.
Amended by 2022 Ch. 114,§45, eff. 4/21/2022.
Amended by 2019 Ch. 125,§42, eff. 4/18/2019.
Amended by 2017 Ch. 272,§4, eff. 5/30/2017.
L. 2012: Entire part amended, (SB 12-078), ch. 998, p. 998, § 1, effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 1498, p. 1498, § 4, effective May 31. L. 2019: (1) amended, (HB 19-1166), ch. 554, p. 554, § 42, effective April 18.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-109 - Limitation

Nothing in this article 3.1 means that a person is mistreated or self-neglecting or in need of emergency or protective services for the sole reason that he or she is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of that person's recognized church or religious denomination, nor does anything in this article 3.1 authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such a person.
Amended by 2020 Ch. 265,§ 5, eff. 9/14/2020.
L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, § 1, effective May 29.
This section is similar to former § 26-3.1-106 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 1 - PROTECTIVE SERVICES FOR AT-RISK ADULTS (§§ 26-3.1-101 — 26-3.1-111) › Section 26-3.1-110 - [Repealed]

Added by 2013 Ch. 233,§7, eff. 5/16/2013.
L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1125, § 7, effective May 16.
Subsection (3) provided for the repeal of this section, effective January 1, 2017. (See L. 2013, p. 1125.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 2 - [Repealed] (§ 26-3.1-201) › Section 26-3.1-201 - to 26-3.1-208 - [Repealed]

L. 2012: Entire part repealed, (SB 12-078), ch. 226, p. 998, § 2, effective May 29.
This part 2 was added in 2000. Some sections of this part 2 were relocated to part 1 of this article. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 3.1 - Protective Services for Adults at Risk of Mistreatment or Self-neglect (§§ 26-3.1-101 — 26-3.1-301) › Part 3 - [Repealed] (§ 26-3.1-301) › Section 26-3.1-301 - [Repealed]

Repealed by 2013 Ch. 233,§17, eff. 5/16/2013.
L. 2013: Entire part repealed, (SB 13-111), ch. 233, p. 1128, § 17, effective May 16.
This part 3 was added in 2012 and was not amended prior to its repeal in 2013.
For the legislative declaration in the 2013 act repealing this part 3, see section 1 of chapter 233, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 4 - [Repealed] (§ 26-4-101) › Section 26-4-101 - to 26-4-1408 - [Repealed]

L. 2006: Entire article repealed, p. 1997, § 27, effective July 1.
(1) This article was numbered as article 5 of chapter 119, C.R.S. 1963.
(2) The provisions of this article were relocated to part 2 of article 3 and articles
4
,
5
, and
6
of title
25.5
.
For current provisions concerning the Colorado medical assistance act, see articles 4, 5, and 6 of title 25.5. For current provisions concerning the comprehensive primary and preventive care grant program, see part 2 of article 3 of title 25.5.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 4.5 - [Repealed] (§ 26-4.5-101) › Section 26-4.5-101 - to 26-4.5-404 - [Repealed]

L. 91: Entire article repealed, p. 1853, § 1, effective April 11.
(1) This article was added in 1980.
(2) The provisions of this article were relocated to article
4
of this title prior to its repeal in 2006.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 4.6 - [Repealed] (§ 26-4.6-101) › Section 26-4.6-101 - to 26-4.6-105 - [Repealed]

(1) Section 26-4.6-105 provided for the repeal of this entire article, effective July 1, 1990. (See L. 88, p. 1072.)
(2) This article was added in 1988.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-100.2 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Each year, for a variety of reasons, more than three hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without a permanent home or a stable support network;
(b)
These youth do not have the same safety nets, supportive adults, and support networks as do other youth their age;
(c)
Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of their health needs, and much more;
(d)
Youth in foster care face not only the typical developmental changes and new experiences that are common to youth their age but also the dramatic change from being under the county's care to being on their own, many without any supportive adults or safety net to help them succeed;
(e)
The array of services and supports available to youth while in the foster care system, including housing, food, medical care, and caseworker support, disappear as soon as the youth exits foster care. Additionally, many of these youth are dealing with the long-term consequences of trauma related to the abuse, neglect, removal, and overall lack of resources that they may have experienced.
(f)
By leveraging the expertise of youth who have successfully made the transition to adulthood, as well as experts in the field, many states have developed creative approaches to address the needs of these youth;
(g)
Colorado can start addressing the needs of youth by allowing counties to use existing child welfare money to provide continued supportive services for youth who exit the foster care system; and
(h)
Although existing child welfare money may enable the state to provide services to some youth, it is insufficient to address all the need, nor is it available consistently across the state.
(2)
Therefore, the general assembly determines that by coupling the short-term approach of using existing child welfare money with the creation of a steering committee tasked with developing a long-term implementation plan for services for a successful adulthood for youth who were formerly in the state's foster care system, the state can better meet the needs of youth who are making the transition from the foster care system to successful adulthood.
Added by 2018 Ch. 217,§ 1, eff. 5/18/2018.
L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1388, § 1, effective May 18.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-103 - Coordination with other programs

The program of child welfare services established pursuant to this article shall be coordinated with other social services and assistance payments programs for children of this state and shall be rendered in complement of, and not in duplication of or contrary to, legal processes provided by the "Colorado Children's Code" and services rendered under any public assistance law or other law for the benefit of children, including assistance under the Colorado works program, as described in part 7 of article
2
of this title.
L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-3. L. 97: Entire section amended, p. 1243, § 46, effective July 1.
For the "Colorado Children's Code", see title 19.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105 - 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 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 seeking the reimbursement, from money appropriated to the state department for the purpose of administering the provisions of this article.
L. 73: R&RE, p. 1195, § 3. C.R.S. 1963: § 119-4-5. L. 97: Entire section amended, p. 1429, § 3, effective June 3.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105.3 - 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 IV-E foster care services and medicaid.
L. 97: Entire section added, p. 1429, § 4, effective June 3.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105.4 - [Repealed]

Amended by 2019 Ch. 257,§2, eff. 5/23/2019.
Amended by 2017 Ch. 154,§11, eff. 8/9/2017.
Added by 2013 Ch. 221,§2, eff. 5/14/2013.
L. 2013: Entire section added, (SB 13-231), ch. 1025, p. 1025, § 2, effective May 14. L. 2017: (8)(a) amended, (SB 17-234), ch. 522, p. 522, § 11, effective August 9. L. 2019: (8.5) added and (9) amended, (SB 19-258), ch. 2464, p. 2464, § 2, effective May 23.
Subsection (9) provided for the repeal of this section, effective June 30, 2020. (See L. 2019, p. 2464.)
For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 221, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105.5 - State department integrated care management program - county performance agreements - authorized - performance incentive cash fund created - repeal

(1)
(a)
There is hereby created the state department integrated care management program. In administering the state department integrated care management program, the state department shall develop, by rule, principles of integrated care management and a process to allow counties or groups of counties specified in section
26-5-104 (4)(b)(I)
to participate in the program. Individual counties or groups of counties specified in section
26-5-104 (4)(b)(I)
may participate in the integrated care management program for the delivery of child welfare services.
(b) and (c)
(Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.)
(2)
The state department is hereby authorized to enter into performance agreements with individual counties or groups of counties specified in section
26-5-104 (4)(b)(I)
. A county that enters into a performance agreement 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 agreement.
(3) and (3.2)
Repealed.
(3.5)
Evaluation.
(a)
The state department is authorized to contract for an external evaluation of the performance agreements authorized pursuant to subsection (1) of this section. Any such external evaluation shall include any evaluation that may be required in connection with any waiver authorized pursuant to section
26-5-105.3
. Criteria for and components of the evaluation shall be developed by the state department with input from the counties authorized pursuant to this section.
(b)
(Deleted by amendment, L. 2001, p. 1172, § 9, effective August 8, 2001.)
(c)
This subsection (3.5) is repealed on the date the executive director of the state department notifies the revisor of statutes that the state is no longer participating in the waiver authorized pursuant to Title IV-E of the federal "Social Security Act", as amended.
(3.7)
The state board shall promulgate rules necessary to implement the integrated care management program established pursuant to this section.
(4)
(Deleted by amendment, L. 2002, p. 526, § 1, effective May 24, 2002.)
Amended by 2018 Ch. 216, § 7, eff. 5/18/2018.
L. 97: Entire section added, p. 1430, § 4, effective June 3. L. 98: Entire section amended, p. 708, § 2, effective May 18. L. 2001: (3.5) amended, p. 1172, § 9, effective August 8. L. 2002: Entire section amended, p. 526, § 1, effective May 24. L. 2003: (3.2) amended, p. 387, § 3, effective March 5. L. 2004: (3.2)(c) added, p. 1554, § 2, effective May 28. L. 2018: (3) repealed, (SB 18-254), ch. 216, p. 1384, § 7, effective May 18.
(1) Subsection (3.2)(c) provided for the repeal of subsection (3.2), effective July 1, 2006. (See L. 2004, p. 1554.)
(2) As of publication date, the revisor of statutes has not received the notice referred to in subsection (3.5)(c).
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105.7 - [Repealed]

L. 97: Entire section added, p. 1430, § 4, effective June 3.
Subsection (5) provided for the repeal of this section, effective July 1, 1998. (See L. 97, p. 1430.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-105.8 - [Repealed]

Amended by 2021 Ch. 343, § 4, eff. 6/25/2021.
Added by 2018 Ch. 216, § 8, eff. 5/18/2018.
L. 2018: Entire section added, (SB 18-254), ch. 1384, p. 1384, § 8, effective May 18. L. 2021: (1)(c), (1)(h), and (5) amended and (4.5) added, (SB 21-277), ch. 2239, p. 2239, § 4, effective June 25.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-106 - [Repealed]

L. 73: R&RE, p. 1196, § 3. C.R.S. 1963: § 119-4-6. L. 77: Entire section repealed, p. 1335, § 7, effective 1/1/1978.
For present provision relating to fraudulent acts in obtaining child welfare, see § 26-1-127 .
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-107 - Limitations of article

All child welfare services granted under this article shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1973, and no recipient shall have any claim for compensation or otherwise by reason of his services being affected in any way by any amending or repealing law.
L. 73: R&RE, p. 1196, § 3. C.R.S. 1963: § 119-4-7.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-108 - Developmental assessment - rules

The appropriate county department of human or social services shall refer each child under five years of age who is the subject of a substantiated case of abuse or neglect to the appropriate state or local agency for developmental screening within sixty days after abuse or neglect has been substantiated. The state board shall promulgate rules to implement this section.
Amended by 2018 Ch. 38, § 122, eff. 8/8/2018.
L. 2008: Entire section added, p. 1234, § 4, effective 1/1/2009. L. 2018: Entire section amended, (SB 18-092), ch. 38, p. 448, § 122, effective August 8.
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 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-109 - [Effective Until 8/7/2024] Child welfare training academy established - rules

(1)
There is hereby established within the state department the child welfare training academy, referred to in this section as the "academy", to ensure that certain persons hired to work within child welfare services receive the necessary training to perform the functions of their jobs responsibly and effectively. The state department shall administer the academy in accordance with rules promulgated by the state department pursuant to subsection (2) of this section.
(2)
On or before September 15, 2009, the state department shall promulgate rules for the administration of the academy. The rules shall include:
(a)
Identification of specific job titles within child welfare services that shall be required to attain certification from the academy as a mandatory condition of employment;
(b)
Identification of specific job titles within child welfare services that shall be required to complete ongoing or occasional training from the academy as a mandatory condition of employment;
(c)
Establishment of minimum standards of competence that a person shall be required to demonstrate prior to receiving certification from the academy, which standards of competence shall include, but need not be limited to, a demonstrated ability to perform the duties described in section
19-3-313.5 (2)
, C.R.S.;
(d)
Identification of means by which a person may demonstrate the minimum standards established pursuant to paragraph (c) of this subsection (2); and
(e)
Establishment of alternative methods for attaining certification from the academy for persons who have already successfully completed comparable child welfare training, including a description of child welfare training that shall be deemed to be comparable to the training offered by the academy.
L. 2009: Entire section added, (SB 09 -164), ch. 276, p. 1239, § 2, effective May 19.
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 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-109 - [Effective 8/7/2024] Child welfare training academy established - rules

(1)
There is hereby established within the state department the child welfare training academy, referred to in this section as the "academy", to ensure that certain persons hired to work within child welfare services receive the necessary training to perform the functions of their jobs responsibly and effectively. The state department shall administer the academy in accordance with rules promulgated by the state department pursuant to subsection (2) of this section.
(2)
On or before September 15, 2009, the state department shall promulgate rules for the administration of the academy. The rules shall include:
(a)
Identification of specific job titles within child welfare services that shall be required to attain certification from the academy as a mandatory condition of employment;
(b)
Identification of specific job titles within child welfare services that shall be required to complete ongoing or occasional training from the academy as a mandatory condition of employment;
(c)
Establishment of minimum standards of competence that a person is required to demonstrate prior to receiving certification from the academy. The standards of competence must include, but are not limited to, a demonstrated ability to perform the duties described in section
19-3-313.5 (2)
and a demonstrated understanding of principles and strategies to promote equity, diversity, and inclusion in the child welfare system.
(d)
Identification of means by which a person may demonstrate the minimum standards established pursuant to paragraph (c) of this subsection (2); and
(e)
Establishment of alternative methods for attaining certification from the academy for persons who have already successfully completed comparable child welfare training, including a description of child welfare training that shall be deemed to be comparable to the training offered by the academy.
Amended by 2024 Ch. 453,§ 2, eff. 8/7/2024.
L. 2009: Entire section added, (SB 09 -164), ch. 276, p. 1239, § 2, effective May 19.
2024 Ch. 453, 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.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-112 - [Repealed]

Added by 2015 Ch. 141,§3, eff. 5/1/2015.
L. 2015: Entire section added, (SB 15-242), ch. 141, p. 431, § 3, effective May 1.
Subsection (2) provided for the repeal of this section, effective July 1, 2017. (See L. 2015, p. 431.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-113 - Extended services for former foster care youth

(1)
A county department may coordinate certain services to former foster care youth who request such services in order to support such former foster care youth in becoming self-sufficient adults. This section is not meant to replace services for foster care youth who remain in the custody of a county department. The determination of whether a youth who is in foster care is ready to leave the custody of the county department remains under the jurisdiction of the court.
(2)
A county department may opt to serve former foster care youth who have been in the custody of the division of youth services if such youth are included in the plan for services for a successful adulthood.
(3)
The department of local affairs may assist a county department in securing available housing vouchers through programs offered by the department of local affairs, such as the homeless solutions program, the housing choice voucher program, or any other appropriate supportive housing program for former foster care youth, specifically between the ages of eighteen and twenty-one, who are experiencing homelessness or imminent risk of homelessness. If appropriations are available, the department of local affairs may assist former foster care youth with security deposits related to housing.
(4)
The managed care entity contracted with for the department of health care policy and financing's statewide managed care system shall assist a county department that opts to serve former foster care youth who are enrolled in medicaid.
(5)
State institutions of higher education and community colleges shall work with the county departments to explore ways to support former foster care youth both financially and through other supportive services. This support includes reviewing the ability to provide tuition assistance and other fee waivers to former foster care youth.
(6)
A county department may support former foster care youth pursuant to this section by developing a plan for services for a successful adulthood and transferring an amount of money out of the county's core services funding and into a fund for services for a successful adulthood.
(7)
The state department of human services and the state department of local affairs shall coordinate to implement, administer, and share data, to the extent allowable by law, for the Colorado fostering success voucher program, established pursuant to section
19-7-314.5
. Administration of the voucher program must consider the unique developmental and social needs of youth throughout implementation, including case management, needs, the promulgation of rules, and the creation of policies and procedures for voucher recipients.
Amended by 2023 Ch. 346,§ 5, eff. 6/5/2023.
Added by 2018 Ch. 217, § 3, eff. 5/18/2018.
L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, § 3, effective May 18.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-114 - Former foster care youth steering committee - implementation plan - recommendations - report

(1)
The state department shall establish a former foster care youth steering committee that includes comprehensive and appropriate stakeholder representation from the state and county level. The state department shall convene the committee on or before October 30, 2018. The steering committee shall:
(a)
Develop an implementation plan that allows former foster care youth to receive services for a successful adulthood or assistance in returning to placement, as well as alternatives to returning to placement after reaching eighteen years of age but before reaching twenty-one years of age, or a later age if so recommended by the steering committee, and after the county department's jurisdiction ends;
(b)
Make recommendations relating to the operation, evaluation, and sustainability of the implementation plan. In making its recommendations, the steering committee shall use a consensus-based approach.
(c)
Coordinate with other committees formed by the general assembly that have similar or overlapping jurisdictional tasks or purposes.
(2)
On or before January 1, 2020, the steering committee shall submit a report with its recommendations for an implementation plan to the executive director of the department of human services; the governor; and the joint budget committee, the health and human services committee of the senate, the public health and environment committee of the house of representatives, or any successor committees.
(3)
The implementation plan recommended by the steering committee pursuant to this section is not required to become operational unless adequate state and federal funding is available.
Added by 2018 Ch. 217,§ 3, eff. 5/18/2018.
L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, § 3, effective May 18.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-115 - Acquisition of drivers' licenses by individuals in foster care - immunity from liability - rules

(1)
On and after September 7, 2021, in addition to any other reimbursement for child welfare services described in this article 5, the state department shall reimburse a county department for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is fifteen years of age or older and under twenty-one years of age.
(2)
The state department may seek and accept gifts, grants, and donations from private or public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state.
(3)
(a)
Nothing in this section places any liability on a county department for:
(I)
Contracting with a public or private driving school to provide driving instruction to an individual who is in the custody of the county department; or
(II)
An injury alleged to have occurred while an individual in the custody of the county department received driving instruction from a public or private driving school.
(b)
Nothing in this section waives or limits a county department's governmental immunity, as described in article
10
of title
24
.
(4)
On or before December 1, 2021, the state board shall promulgate rules for the administration of this section.
Added by 2021 Ch. 203,§1, eff. 9/7/2021.
2021 Ch. 203, 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 - Child Welfare Services (§§ 26-5-100.2 — 26-5-119) › Section 26-5-116 - Fostering educational opportunities for youth in foster care program - creation - report

(1)
There is created in the state department the fostering educational opportunities for youth in foster care program, referred to in this section as the "program", to improve educational opportunities for students in out-of-home placements. The program must serve students in grades nine through twelve who are or previously were in out-of-home care, with the option to expand to grades six through eight. The program must be modeled after the Jefferson county pilot program to improve educational outcomes for foster youth described in section
24-37-404
, and, as part of the program, the state department shall continue to administer the pilot program after funding for the pilot program is no longer available. Subject to available funding, the state department shall contract with at least two but no more than five additional school districts to implement the program. The state department shall select the school districts based on district need, local foster care population, and geographic diversity.
(2)
(a)
On July 1, 2023, and each July 1 thereafter, the state department shall publish a report on its website and submit the report to the legislative audit committee of the general assembly, the health and human services and education committees of the senate, the public and behavioral health and human services and education committees of the house of representatives, or any successor committees. The report must include information on program implementation and performance metrics of students identified in the foster care education initiative as described in section
22-32-138(9)
.
(b)
Notwithstanding section
24-1-136(11)(a)(I)
, the requirement to submit the report described in this subsection (2) continues indefinitely.
Added by 2022 Ch. 273,§3, eff. 5/31/2022.
The short title of 2022 Ch. 273 is the "Foster Youth Success Act."
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-101 - Short title

This article shall be known and may be cited as the "Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act".
L. 93: Entire article added, p. 1998, § 1, effective June 9.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The state of Colorado recognizes its obligation to protect and provide for the children in Colorado's child welfare system;
(b)
The children at imminent risk of being placed out of the home are likely to be placed out of the home immediately if intervention services are not made available to such children and their families;
(c)
Community and home-based services are effective in helping to avoid the need to place children out of their homes and to reunite children with their families. However, alternatives to out-of-home placement are available only to a small percentage of children in the state due to insufficient statewide resources.
(d)
Families with children at imminent risk of being placed out of the home are families in crisis and in need of emergency assistance to avoid such placement or to reunite families when an emergency has resulted in an out-of-home placement, which assistance includes, but is not limited to, intensive family preservation services and other services designed to maintain a child at home;
(e)
Federal financial participation is available to provide emergency assistance to needy families with children in the form of intake, assessment, counseling, treatment, and other family preservation services that meet needs of the family which are attributable to the emergency or crisis situation;
(f)
The provision of emergency assistance is likely to reduce the escalating state general fund costs of out-of-home placements, thereby making moneys available for other necessary children and family services or programs; and
(g)
Because the child welfare system is a contributing factor to the state's expenditures, it is important to maximize moneys available to the state for child welfare needs by making service delivery systems family-focused, cost-efficient, and accessible statewide.
(2)
The general assembly further finds and declares that it is therefore appropriate to authorize the implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. In addition, it is appropriate to develop a plan for the use of moneys saved as a result of providing emergency assistance to families.
L. 93: Entire article added, p. 1998, § 1, effective June 9.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
Repealed.
(2)
"At imminent risk of being placed out of the home" means that without intercession a child will be placed out of the home immediately.
(3)
"Emergency assistance program" or "program" means the program for emergency assistance for families with children at imminent risk of out-of-home placement as authorized by this article.
L. 93: Entire article added, p. 1999, § 1, effective June 9. L. 97: (1) repealed, p. 1243, § 47, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-104 - Emergency assistance for families with children at imminent risk of being placed out of the home

(1)
The executive director of the state department is hereby authorized to include in the state temporary assistance for needy families plan the establishment and implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. The purpose of the program shall be to meet the needs of the family in crisis due to the imminent risk of out-of-home placement by providing emergency assistance in the form of intake, assessment, counseling, treatment, and other family preservation services that meet the needs of the family which are attributable to the emergency or crisis situation.
(2)
Nothing in this article shall prevent the state department from complying with federal requirements for a program of emergency assistance in order for the state of Colorado to qualify for federal funds under the federal "Social Security Act" and to use such federal funds for families with children at imminent risk of immediate out-of-home placement and to reunite children with their families, within the limits of available appropriations.
L. 93: Entire article added, p. 1999, § 1, effective June 9. L. 97: Entire section amended, p. 1244, § 48, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-105 - [Effective Until 9/1/2024] Eligibility requirements - period of eligibility - services available

(1)
Families with children at imminent risk of out-of-home placement shall be eligible for emergency assistance. Assistance shall be available to or on behalf of a needy child under twenty-one years of age and any other member of the household in which the child lives if:
(a)
Such child is living with any of the relatives described in section
26-2-103 (4)(a)
in a place of residence maintained by the relative as the relative's own home;
(b)
Such child is without resources immediately accessible to meet the child's needs; and
(c)
The emergency assistance is necessary to avoid destitution or to provide living arrangements for the child in a home.
(2)
Assistance shall be authorized for a family no more than once during a twelve-month period.
(3)
Emergency assistance provided pursuant to this article shall be used for, but shall not be limited to, the following:
(a)
Twenty-four-hour emergency shelter facilities or caretakers for children who must be removed from their homes in emergency situations;
(b)
Counseling, including crisis counseling available by telephone twenty-four hours a day;
(c)
Information referral;
(d)
Intensive family preservation services;
(e)
In-home supportive homemaker services;
(f)
Services used to develop and implement a discrete case plan, as provided by the federal "Social Security Act";
(g)
Day treatment services for children.
L. 93: Entire article added, p. 2000, § 1, effective June 9. L. 97: (3)(f) amended, p. 1244, § 49, effective July 1.
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 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-105 - [Effective 9/1/2024] Eligibility requirements - period of eligibility - services available

(1)
Families with children or youth at imminent risk of out-of-home placement are eligible for emergency assistance. Assistance is available to or on behalf of a needy child or youth who is less than twenty-one years of age and any other member of the household in which the child or youth lives if:
(a)
The child or youth is living with kin, as defined in section 26-6-903, in a place of residence maintained by the kin;
(b)
Such child is without resources immediately accessible to meet the child's needs; and
(c)
The emergency assistance is necessary to avoid destitution or to provide living arrangements for the child in a home.
(2)
Assistance shall be authorized for a family no more than once during a twelve-month period.
(3)
Emergency assistance provided pursuant to this article 5.3 may be used for, but is not limited to:
(a)
Twenty-four-hour emergency shelter facilities or caretakers for children who must be removed from their homes in emergency situations;
(b)
Counseling, including crisis counseling available by telephone twenty-four hours a day;
(c)
Information referral;
(d)
Intensive family preservation services;
(e)
[Repealed by 2024 Amendment.]
(f)
Services used to develop and implement a discrete case plan, as provided by the federal "Social Security Act";
(g)
Day treatment services for children.
(h)
Goods needed for the child's basic care, including beds, clothing, and transportation costs; and
(i)
Limited rental or housing assistance, not to exceed a sixty-day subsidy.
Amended by 2024 Ch. 289,§ 4, eff. 9/1/2024.
L. 93: Entire article added, p. 2000, § 1, effective June 9. L. 97: (3)(f) amended, p. 1244, § 49, effective July 1.
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 5.3 - EMERGENCY ASSISTANCE FOR FAMILIES WITH CHILDREN AT IMMINENT RISK OF OUT-OF-HOME PLACEMENT ACT (§§ 26-5.3-101 — 26-5.3-106) › Section 26-5.3-106 - State's savings - cash fund created - use of money in fund - plan required

(1)
There is hereby created a family issues cash fund. Moneys shall be deposited in the fund as follows:
(a)
Any savings to the general fund realized as a result of federal financial participation available to the state based on the implementation of the emergency assistance program authorized by section
26-5.3-104
;
(b)
Any federal funds earned by the expenditure of moneys deposited in the cash fund.
(c)
Repealed.
(1.5)
All money in the fund is subject to annual appropriation by the general assembly and shall be used for the purposes set forth in the plan for improving the child welfare system in the state, developed in accordance with subsection (2) of this section, for the implementation of the emergency assistance program established pursuant to section
26-5.3-104
and for the family resource center program established pursuant to section
26.5-3-103
. Federal funds received by the state for the emergency assistance program shall be used only for such program and not for any other purpose. In accordance with section
24-36-114
, all interest derived from the deposit and investment of money in the fund must be credited to the general fund. It is the general assembly's intent that no additional state or county general fund money is used to finance the implementation of the plan established in accordance with subsection (2) of this section.
(2)
The state department shall develop a strategic plan for improving the child welfare system in the state and for using the moneys in the family issues cash fund created in subsection (1) of this section. The plan shall specify the source of general fund savings deposited in the cash fund. The plan shall provide that the moneys in the fund shall, at a minimum, be used for the following purposes:
(a)
Repealed.
(b)
The provision of services aimed at reuniting families and avoiding out-of-home placements;
(c)
The provision of support services and programs for children and families aimed at preventing out-of-home placements;
(d)
The examination and assessment of the feasibility and effectiveness of alternative methods for the provision of services and placement procedures for homeless adolescents or adolescents who are at-risk of being placed out of the home;
(e)
The development and implementation of county pilot programs for at-risk children and their families; and
(f)
The provision of an expedited procedure for permanent placement of children five years of age or younger who have been placed out of the home.
(3)
Repealed.
Amended by 2022 Ch. 123, § 100, eff. 7/1/2022.
L. 93: Entire article added, p. 2001, § 1, effective June 9. L. 96: (1)(c) repealed, p. 1476, § 36, effective June 1. L. 97: (1.5) amended, p. 1116, § 5, effective May 28; (2)(a) and (3) repealed, p. 1023, § 45, effective August 6. L. 2001: (1.5) amended, p. 252, § 7, effective March 29.