Text of CO HB 1017 (2024)
Bill of Rights for Foster Youth
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As introduced
23,003 characters
Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0519.01 Jane Ritter x4342
HOUSE BILL 24-1017
House Committees
Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING A BILL OF RIGHTS FOR YOUTH IN FOSTER CARE.
101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill establishes a statutory bill of rights for children and youth
(youth) in foster care in Colorado, including youth participating in the
foster youth in transition program but excluding youth detained by or
committed to the care and physical custody of the division of youth
services. The office of the child's representative shall develop a written
notice of the rights, and a county department of human or social services
shall provide each youth who is 5 years of age or older with the written
notice in the youth's primary language at the time of the youth's initial
HOUSE SPONSORSHIP
Daugherty,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
placement in foster care, at each placement change, and at least annually.
Be it enacted by the General Assembly of the State of Colorado:
1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
2
with amendments, 19-7-101 as follows:
3
19-7-101. Rights of children and youth in foster care - written
4
notice - reporting - legislative declaration. (1) (a) THE GENERAL
5
ASSEMBLY FINDS AND DECLARES THAT:
6
(I) CHILDREN AND YOUTH IN FOSTER CARE ARE TEMPORARILY OR
7
PERMANENTLY SEPARATED FROM THEIR PARENTS AND ARE THE
8
RESPONSIBILITY OF THE STATE OF COLORADO;
9
(II) THESE CHILDREN AND YOUTH ARE IN A UNIQUE SITUATION
10
THAT REQUIRES SPECIAL SAFEGUARDS, MAKING IT VITAL TO ESTABLISH
11
RIGHTS FOR CHILDREN AND YOUTH IN FOSTER CARE;
12
(III) THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
13
SERVICES ADMINISTRATION OF CHILDREN AND FAMILIES HAS STRESSED
14
THAT EVERY CHILD AND YOUTH WHO IS UNABLE TO LIVE WITH THE CHILD'S
15
OR YOUTH'S PARENTS IS ENTITLED TO A SAFE, LOVING, AND AFFIRMING
16
FOSTER CARE PLACEMENT, REGARDLESS OF THE CHILD'S OR YOUTH'S
17
SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION;
18
(IV) APPROXIMATELY THREE THOUSAND SIX HUNDRED CHILDREN
19
OR YOUTH ARE CURRENTLY IN OUT-OF-HOME FOSTER PLACEMENTS IN
20
COLORADO; AND
21
(V) CHILDREN AND YOUTH IN FOSTER CARE, BOTH IN COLORADO
22
AND NATIONWIDE, TEND TO HAVE POORER OUTCOMES THAN OTHER
23
CHILDREN AND YOUTH, INCLUDING:
24
(A) ONE-THIRD OF CHILDREN OR YOUTH IN FOSTER CARE IN
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COLORADO WHO AGE OUT OF FOSTER CARE BECOME HOMELESS WITHIN
1
THREE YEARS;
2
(B) CHILDREN AND YOUTH IN FOSTER CARE IN COLORADO CHANGE
3
SCHOOLS AN AVERAGE OF THREE-AND-ONE-HALF TIMES PER YEAR;
4
(C) APPROXIMATELY THIRTY PERCENT OF YOUTH IN FOSTER CARE
5
IN COLORADO GRADUATE FROM HIGH SCHOOL, COMPARED TO EIGHTY-TWO
6
PERCENT OF THE GENERAL STUDENT POPULATION;
7
(D) IN COLORADO, YOUTH IN FOSTER CARE HAVE LOWER
8
GRADUATION RATES THAN YOUTH EXPERIENCING HOMELESSNESS;
9
(E) NATIONWIDE, MORE THAN HALF OF CHILDREN AND YOUTH IN
10
FOSTER CARE RECEIVE A PSYCHIATRIC OR MENTAL HEALTH DIAGNOSIS,
11
COMPARED TO SIXTEEN AND SIXTY ONE-HUNDREDTHS PERCENT OF
12
INCOME-ELIGIBLE CHILDREN AND YOUTH ON MEDICAID;
13
(F) NATIONWIDE, ONE OUT OF FOUR CHILDREN AND YOUTH IN
14
FOSTER CARE BETWEEN THE AGES OF SIX AND SEVENTEEN ARE
15
ADMINISTERED AT LEAST ONE PSYCHOTROPIC MEDICATION;
16
(G) THIRTY PERCENT OF CHILDREN AND YOUTH IN FOSTER CARE
17
NATIONWIDE IDENTIFY AS LGBTQ+ , AND THESE CHILDREN AND YOUTH
18
HAVE AN ADDITIONAL LAYER OF TRAUMA THAT ACCOMPANIES BEING
19
REJECTED OR MISTREATED BECAUSE OF THEIR SEXUAL ORIENTATION,
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GENDER IDENTITY, OR GENDER EXPRESSION;
21
(H) RESEARCH SHOWS THAT CHILDREN AND YOUTH IN FOSTER
22
CARE WHO IDENTIFY AS LGBTQ+ ARE MORE THAN TWICE AS LIKELY TO
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REPORT BEING TREATED POORLY BY THE FOSTER CARE SYSTEM;
24
(I) APPROXIMATELY TEN PERCENT OF CHILDREN AND YOUTH IN
25
FOSTER CARE NATIONWIDE ARE ENTITLED TO SOCIAL SECURITY BENEFITS,
26
EITHER BECAUSE THEIR PARENT OR PARENTS HAVE DIED OR BECAUSE THEY
27
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HAVE A PHYSICAL OR INTELLECTUAL DISABILITY; AND
1
(J) CHILDREN AND YOUTH WHO ARE IN FOSTER CARE ARE AT AN
2
INCREASED RISK OF INCARCERATION, WITH TWENTY-SIX PERCENT OF
3
YOUTH WHO ARE TWENTY-ONE YEARS OF AGE AND WHO WERE FORMERLY
4
IN FOSTER CARE IN COLORADO HAVING BEEN INCARCERATED WITHIN THE
5
PAST TWO YEARS, WHILE YOUTH WHO ARE TWENTY-ONE YEARS OF AGE
6
AND WHO ARE IN THE GENERAL POPULATION HAVE APPROXIMATELY A
7
SEVENTEEN PERCENT LIKELIHOOD OF HAVING BEEN INCARCERATED IN THE
8
PAST TWO YEARS.
9
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT TO
10
PROTECT THE CHILDREN AND YOUTH WHO ARE THE RESPONSIBILITY OF THE
11
STATE, A STATUTORY BILL OF RIGHTS IS ESTABLISHED FOR THESE
12
CHILDREN AND YOUTH, ALONG WITH A SYSTEM TO NOTIFY CHILDREN AND
13
YOUTH OF THEIR RIGHTS AND A MECHANISM TO ENFORCE THOSE RIGHTS.
14
THE STATUTORY RIGHTS ESTABLISHED IN THIS SECTION ARE NOT INTENDED
15
TO LIMIT OR SUPERSEDE THE CONSTITUTIONAL RIGHTS OF PARENTS, NOR
16
DO THEY LIMIT ANY OTHER CONSTITUTIONAL OR STATUTORY RIGHTS
17
AFFORDED TO CHILDREN AND YOUTH. THIS BILL OF RIGHTS IS INTENDED TO
18
IMPROVE THE HEALTH, WELL-BEING, AND SAFETY OF CHILDREN AND
19
YOUTH IN FOSTER CARE BY DEFINING THE RIGHTS OF CHILDREN AND
20
YOUTH IN FOSTER CARE, CLARIFYING THE AUTHORITY OF THE COURTS TO
21
ENFORCE THESE RIGHTS, AND PROVIDING CHILDREN AND YOUTH WITH
22
NOTICE OF THEIR RIGHTS.
23
(2) A CHILD OR YOUTH IN FOSTER CARE OR PARTICIPATING IN THE
24
FOSTER YOUTH IN TRANSITION PROGRAM, CREATED IN PART 3 OF THIS
25
ARTICLE 7, BUT EXCLUDING A CHILD OR YOUTH DETAINED BY OR
26
COMMITTED TO THE CARE AND PHYSICAL CUSTODY OF THE DIVISION OF
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YOUTH SERVICES IN THE DEPARTMENT OF HUMAN SERVICES, HAS THE
1
FOLLOWING RIGHTS:
2
(a) FAIR AND EQUAL ACCESS, INCLUDING:
3
(I) FREEDOM FROM DISCRIMINATION OR HARASSMENT ON THE
4
BASIS OF ACTUAL OR PERCEIVED RACE OR ANCESTRY, ETHNIC GROUP,
5
NATIONAL ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, GENDER
6
IDENTITY, GENDER EXPRESSION, MENTAL OR PHYSICAL DISABILITY,
7
MARITAL STATUS, FAMILIAL STATUS, SOURCE OF INCOME, MILITARY
8
STATUS, OR HIV STATUS;
9
(II) FREEDOM OF THOUGHT, CONSCIENCE, CULTURAL AND ETHNIC
10
PRACTICE, AND RELIGION, INCLUDING THE RIGHT TO ATTEND OR REFUSE TO
11
ATTEND CULTURAL, ETHNIC, AND RELIGIOUS SERVICES AND ACTIVITIES;
12
(III) EXPRESSION OF THE CHILD'S OR YOUTH'S GENDER IDENTITY
13
AND BE REFERRED TO BY THE CHILD'S OR YOUTH'S PREFERRED NAME AND
14
GENDER PRONOUNS;
15
(IV) FREEDOM FROM THREATS, PUNISHMENT, OR RETALIATION FOR
16
ASKING QUESTIONS, STATING CONCERNS, OR MAKING COMPLAINTS ABOUT
17
A VIOLATION OF THE RIGHTS AND PROTECTIONS ESTABLISHED IN THIS
18
ARTICLE 7;
19
(V) ACCESS TO SERVICES, PLACEMENT, AND STATE AND FEDERAL
20
PROGRAMS AND SERVICES FOR WHICH THE CHILD OR YOUTH IS ELIGIBLE;
21
(VI) DEVELOPMENTALLY APPROPRIATE NOTIFICATION OF ANY
22
BENEFITS FOR WHICH THE CHILD OR YOUTH IS ELIGIBLE OR RECEIVING,
23
INCLUDING
WRITTEN
NOTIFICATION
OF
WHO
IS SERVING AS
24
REPRESENTATIVE PAYEE, WHEN APPLICABLE; AND
25
(VII) IF THERE IS A REPRESENTATIVE PAYEE WHO ACCEPTS
26
PAYMENTS FOR A CHILD OR YOUTH, AN ACCOUNTING OF THE USE OF THOSE
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PAYMENTS WHEN REQUESTED BY THE CHILD OR YOUTH AND ON AN
1
ANNUAL BASIS;
2
(b) APPROPRIATE PLACEMENT AND CARE, INCLUDING:
3
(I) APPROPRIATE ADULT GUIDANCE, SUPPORT, AND SUPERVISION
4
IN A SAFE, HEALTHY, AND COMFORTABLE ENVIRONMENT IN WHICH THE
5
CHILD OR YOUTH IS TREATED WITH FAIRNESS, RESPECT, AND DIGNITY;
6
(II) CONSIDERATION OF THE CHILD'S OR YOUTH'S PREFERENCE
7
REGARDING THE CHILD'S OR YOUTH'S PLACEMENT;
8
(III) FREEDOM FROM PHYSICAL, SEXUAL, EMOTIONAL, OR OTHER
9
ABUSE; CORPORAL PUNISHMENT; NEGLECT; OR ANY OTHER FORM OF
10
INHUMANE TREATMENT, SUCH AS EXPLOITATION OR TRAFFICKING;
11
(IV) PLACEMENT IN THE LEAST RESTRICTIVE SETTING THAT IS
12
APPROPRIATE TO THE CHILD'S OR YOUTH'S NEEDS, AND RECEIPT OF THE
13
SERVICES AND SUPPORTS NECESSARY TO MAINTAIN THAT PLACEMENT;
14
(V) FREEDOM FROM ABANDONMENT OR BEING LOCKED IN A ROOM,
15
BUILDING, OR PREMISES, OR BEING SUBJECTED TO ISOLATION OR OTHER
16
PHYSICAL OR MEDICAL RESTRAINT, UNLESS OTHERWISE AUTHORIZED BY
17
STATUTE;
18
(VI) PLACEMENT WITH A FOSTER CARE PROVIDER WHO IS AWARE
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OF AND UNDERSTANDS THE CHILD'S OR YOUTH'S UNIQUE HISTORY AS IT
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RELATES TO THE CHILD'S OR YOUTH'S CARE AND WHO POSSESSES THE
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APPROPRIATE KNOWLEDGE AND SKILLS TO PROVIDE FOR THE CHILD'S OR
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YOUTH'S NEEDS;
23
(VII) APPLICATION OF THE REASONABLE AND PRUDENT PARENT
24
STANDARD AS REQUIRED BY FEDERAL LAW;
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(VIII) RETURN TO THE CUSTODY OF A PARENT OR LEGAL
26
GUARDIAN, CONSISTENT WITH APPLICABLE LEGAL STANDARDS AND
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CONSIDERING THE PREFERENCES OF THE CHILD OR YOUTH;
1
(IX) TIMELY COURT PROCEEDINGS AND DETERMINATIONS ABOUT
2
THE CHILD'S OR YOUTH'S PLACEMENT;
3
(X) EFFECTIVE CASE MANAGEMENT AND PLANNING THAT
4
PRIORITIZES THE SAFE RETURN OF THE CHILD OR YOUTH TO THE CHILD'S OR
5
YOUTH'S PARENTS, LEGAL GUARDIANS, RELATIVES, OR KIN, OR MOVING
6
THE CHILD OR YOUTH TO OTHER FORMS OF PERMANENT PLACEMENT, IF
7
NECESSARY;
8
(XI) A REQUIREMENT THAT THE REPRESENTATIVE PAYEE FOR THE
9
CHILD OR YOUTH, INCLUDING THE DEPARTMENT OF HUMAN SERVICES IF IT
10
IS ACTING AS THE REPRESENTATIVE PAYEE, USE ANY BENEFITS THE CHILD
11
OR YOUTH RECEIVES TO MEET THE CHILD'S OR YOUTH'S INDIVIDUAL NEEDS
12
AFTER THE REPRESENTATIVE PAYEE MEETS WITH THE CHILD OR YOUTH TO
13
ASCERTAIN THE CHILD'S OR YOUTH'S CURRENT AND FORESEEABLE NEEDS;
14
AND
15
(XII) TIMELY NOTIFICATION TO THE SOCIAL SECURITY
16
ADMINISTRATION TO INITIATE THE TRANSFER OF BENEFITS FROM A
17
REPRESENTATIVE PAYEE WHEN A CHILD OR YOUTH WHO IS RECEIVING
18
BENEFITS LEAVES THE CUSTODY OF THE DEPARTMENT OF HUMAN
19
SERVICES;
20
(c) ACCESS AND COMMUNICATION, IN A SETTING THAT PROVIDES
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PRIVACY FOR IN-PERSON OR OTHER METHODS OF CONTACT, WITH
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PROFESSIONALS AND OTHER SUPPORTS, INCLUDING:
23
(I) PERSONS WORKING ON THE CHILD'S OR YOUTH'S BEHALF,
24
INCLUDING, BUT NOT LIMITED TO, CASEWORKERS, THE CHILD'S OR YOUTH'S
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GUARDIAN AD LITEM OR COUNSEL FOR YOUTH AND THEIR LEGAL TEAMS,
26
FOSTER YOUTH ADVOCATES AND SUPPORTERS, COURT-APPOINTED SPECIAL
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ADVOCATES, EDUCATION RIGHTS HOLDERS, PROBATION OFFICERS, THE
1
CHILD'S OR YOUTH'S CONTACT WITH THE CHILD'S OR YOUTH'S GUARDIAN
2
AD LITEM, COUNSEL FOR YOUTH, OTHER ATTORNEYS, AND MEMBERS OF
3
THE CHILD'S OR YOUTH'S LEGAL TEAM MUST PROTECT THE APPLICABLE
4
LEGAL PRIVILEGES AND CONFIDENTIALITY;
5
(II) THE CHILD'S OR YOUTH'S GUARDIAN AD LITEM OR COUNSEL
6
FOR YOUTH, THE CHILD PROTECTION OMBUDSMAN, COUNTY DEPARTMENTS
7
OF HUMAN OR SOCIAL SERVICES, OR THE DEPARTMENT OF HUMAN
8
SERVICES REGARDING ANY QUESTIONS, CONCERNS, OR VIOLATIONS OF THE
9
RIGHTS AND PROTECTIONS ESTABLISHED IN THIS ARTICLE 7; AND
10
(III) CONNECTIONS TO THE CHILD'S OR YOUTH'S COMMUNITY AND
11
SUPPORTS, INCLUDING COMMUNICATION AND CONTACT WITH PEOPLE
12
OUTSIDE THE FOSTER CARE SYSTEM WHO ARE IMPORTANT TO THE CHILD OR
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YOUTH, UNLESS OTHERWISE LIMITED BY LAW OR COURT ORDER;
14
(d) CONFIDENTIALITY AND PRIVACY, INCLUDING:
15
(I) CONFIDENTIALITY OF ALL JUVENILE COURT RECORDS,
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CONSISTENT WITH EXISTING LAW;
17
(II) FREEDOM FROM UNREASONABLE SEARCHES OF PERSONAL
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BELONGINGS OR OTHER UNREASONABLE INVASIONS OF PRIVACY; AND
19
(III) REASONABLE EXPECTATIONS OF PRIVACY TO MAKE AND
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RECEIVE TELEPHONE CALLS AND SEND AND RECEIVE TEXT MESSAGES,
21
EMAIL, AND POSTAL MAIL;
22
(e) EDUCATION, INCLUDING:
23
(I) RECEIPT OF A FREE AND APPROPRIATE EDUCATION, ACCESS TO
24
TRANSPORTATION TO EDUCATIONAL INSTITUTIONS, AND AN OPPORTUNITY
25
TO PARTICIPATE IN SPORTS AND EXTRACURRICULAR, CULTURAL, PERSONAL
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ENRICHMENT, AND SOCIAL ACTIVITIES CONSISTENT WITH THE CHILD'S OR
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YOUTH'S AGE AND DEVELOPMENTAL LEVEL, INCLUDING ACCESS TO
1
COMPUTER TECHNOLOGY AND THE INTERNET AS NECESSARY FOR THE
2
CHILD'S OR YOUTH'S EDUCATION; AND
3
(II) SCHOOL STABILITY THAT PRESUMES THE CHILD OR YOUTH WILL
4
REMAIN IN THE SCHOOL OF ORIGIN, AS DEFINED IN SECTION 22-32-138, IN
5
WHICH THE CHILD OR YOUTH IS ENROLLED AT THE TIME OF PLACEMENT,
6
UNLESS REMAINING IN THAT SCHOOL IS NOT IN THE CHILD'S OR YOUTH'S
7
BEST INTERESTS;
8
(f) BASIC ESSENTIALS, INCLUDING:
9
(I) ADEQUATE AND APPROPRIATE FOOD, CLOTHING, AND HYGIENE
10
PRODUCTS;
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(II) PERSONAL ALLOWANCE OR EMPLOYMENT OPPORTUNITIES
12
APPROPRIATE TO THE CHILD'S OR YOUTH'S AGE AND DEVELOPMENTAL
13
LEVEL, INCLUDING APPROPRIATE OPPORTUNITIES TO EXPERIENCE THE USE
14
AND VALUE OF MONEY BY MAKING PURCHASES FOR ITEMS ACCORDING TO
15
THE CHILD'S OR YOUTH'S CHOICE; AND
16
(III) PERSONAL BELONGINGS, INCLUDING WEARING THE CHILD'S OR
17
YOUTH'S OWN CLOTHING, HAVING A SAFE PLACE TO STORE PERSONAL
18
BELONGINGS, AND HAVING PERSONAL BELONGINGS TRANSPORTED IN
19
APPROPRIATE LUGGAGE WITH THE CHILD OR YOUTH DURING OR SHORTLY
20
AFTER A CHANGE OF PLACEMENT. PERSONAL BELONGINGS STORED AND
21
TRANSPORTED AFTER A CHANGE OF PLACEMENT MUST BE MAINTAINED IN
22
THE SAME OR BETTER CONDITION.
23
(g) HEALTH CARE, INCLUDING:
24
(I) ADEQUATE AND APPROPRIATE MEDICAL, DENTAL, VISION,
25
MENTAL HEALTH, AND SUBSTANCE USE DISORDER SERVICES;
26
(II) REPRODUCTIVE AND SEXUAL HEALTH CARE CONSISTENT WITH
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COLORADO STATE LAW;
1
(III) FREEDOM FROM THE ADMINISTRATION OF PRESCRIPTION
2
MEDICATION OR OTHER CHEMICAL SUBSTANCES, UNLESS AUTHORIZED BY
3
A PHYSICIAN OR, WHEN NECESSARY, COURT ORDER, AFTER AN
4
INDIVIDUALIZED ASSESSMENT OF THE CHILD OR YOUTH AND WITH THE
5
CHILD'S OR YOUTH'S CONSENT, CONSISTENT WITH COLORADO STATE LAW;
6
AND
7
(IV) ACCESS TO PRESCRIBED MEDICATIONS DURING A PLACEMENT
8
CHANGE OR SIMILAR TRANSITION SO THE CHILD OR YOUTH DOES NOT
9
EXPERIENCE A DISRUPTION IN THE AVAILABILITY OF NECESSARY
10
PRESCRIPTION MEDICATION;
11
(h) PARTICIPATION IN LEGAL PROCEEDINGS AND CASE PLANNING,
12
INCLUDING:
13
(I) APPOINTMENT OF A GUARDIAN AD LITEM OR COUNSEL FOR
14
YOUTH PURSUANT TO SECTIONS 19-3-203 AND 19-7-308;
15
(II) ATTENDING AND FULLY PARTICIPATING IN ALL HEARINGS
16
RELATED TO THE CHILD'S OR YOUTH'S CASE, INCLUDING ACCESS TO
17
APPROPRIATE TRANSPORTATION FOR THE CHILD'S OR YOUTH'S COURT
18
PROCEEDINGS, AND THE OPPORTUNITY TO BE HEARD SEPARATELY WHEN
19
DEEMED NECESSARY BY THE COURT PURSUANT TO SECTION 19-1-106 (5);
20
(III) AT THE CHILD'S OR YOUTH'S REQUEST, ALLOWING CERTAIN
21
PEOPLE TO BE PRESENT FOR THE CHILD'S OR YOUTH'S COURT PROCEEDINGS
22
THAT TAKE PLACE PURSUANT TO SECTION 19-1-106;
23
(IV) CONSULTING WITH THE COURT REGARDING THE CHILD'S OR
24
YOUTH'S PERMANENCY GOALS PURSUANT TO SECTION 19-3-702 (1)(a);
25
(V) AS APPROPRIATE TO A CHILD'S OR YOUTH'S AGE AND
26
DEVELOPMENTAL LEVEL, BEING INFORMED OF AND PARTICIPATING IN THE
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DEVELOPMENT OF THE CHILD'S OR YOUTH'S CASE PLAN, CONSISTENT WITH
1
STATE AND FEDERAL LAW; AND
2
(VI) AS APPROPRIATE TO THE CHILD'S OR YOUTH'S AGE AND
3
DEVELOPMENTAL LEVEL, PARTICIPATION IN AND ACCOMPANIMENT OF
4
SUPPORTS TO MEETINGS ABOUT THE CHILD'S OR YOUTH'S COURT
5
PROCEEDINGS; AND
6
(i) THE NECESSITIES TO BE SELF-SUFFICIENT DURING THE
7
TRANSITION TO ADULTHOOD, INCLUDING:
8
(I) CONSISTENT WITH THE CHILD'S OR YOUTH'S DEVELOPMENTAL
9
LEVEL, ASSISTANCE WITH ESTABLISHING A BANK ACCOUNT, INCLUDING
10
IDENTIFYING INSTITUTIONS WHERE A CHILD OR YOUTH MAY OPEN A BANK
11
ACCOUNT, OBTAINING DOCUMENTS NECESSARY TO OPEN AN ACCOUNT,
12
LEARNING HOW TO SPEND A REASONABLE AMOUNT OF MONEY, AND
13
MANAGING PERSONAL INCOME. THIS SUBSECTION (2)(i)(I) DOES NOT
14
CREATE AN OBLIGATION TO FUND THE CHILD'S OR YOUTH'S BANK
15
ACCOUNT, IF ONE IS CREATED.
16
(II) HAVING ACCESS TO INFORMATION REGARDING THE WORK AND
17
EDUCATIONAL OPTIONS AVAILABLE TO THE CHILD OR YOUTH, INCLUDING,
18
BUT NOT LIMITED TO, INFORMATION REGARDING AVAILABLE FINANCIAL
19
AID AND POSTSECONDARY EDUCATION SUPPORT CONSISTENT WITH STATE
20
LAW;
21
(III) BEING ALLOWED TO WORK AND DEVELOP JOB SKILLS,
22
CONSISTENT WITH STATE LAW AND THE CHILD'S OR YOUTH'S AGE AND
23
DEVELOPMENTAL LEVEL;
24
(IV) OBTAINING OR RECEIVING A FREE ANNUAL CREDIT REPORT
25
FROM THE DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT
26
OF HUMAN OR SOCIAL SERVICES AND THE ADDITIONAL CREDIT-RELATED
27
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AND IDENTITY THEFT PROTECTIONS PROVIDED IN SECTION 19-7-102 IF THE
1
CHILD OR YOUTH IS IN THE LEGAL CUSTODY OF A COUNTY DEPARTMENT OF
2
HUMAN OR SOCIAL SERVICES AND IS FOURTEEN YEARS OF AGE OR OLDER;
3
(V) WHEN THE YOUTH IS EIGHTEEN YEARS OF AGE OR OLDER AND
4
LEAVING FOSTER CARE, BEING PROVIDED WITH THE YOUTH'S BIRTH
5
CERTIFICATE, SOCIAL SECURITY CARD, IMMIGRATION DOCUMENTS, HEALTH
6
INSURANCE INFORMATION, MEDICAL RECORDS, EDUCATION RECORDS,
7
EITHER A DRIVER'S LICENSE OR A STATE-ISSUED IDENTIFICATION CARD,
8
WRITTEN INFORMATION CONCERNING THE YOUTH'S FAMILY HISTORY AND
9
CONTACT INFORMATION FOR SIBLINGS, IF APPROPRIATE, AND PROOF OF
10
FOSTER CARE PURSUANT TO SECTION 19-3-702 (4)(d);
11
(VI) NOTIFYING A YOUTH WHO IS TURNING SIXTEEN YEARS OF AGE
12
OF THE YOUTH'S ELIGIBILITY FOR THE FOSTER YOUTH TRANSITION
13
PROGRAM, CREATED IN PART 3 OF THIS ARTICLE 7; AND
14
(VII) ASSISTING A YOUTH IN APPLYING FOR BENEFITS THE YOUTH
15
IS ELIGIBLE FOR OR CURRENTLY RECEIVING, TO ENSURE THAT BENEFITS
16
CONTINUE ONCE THE YOUTH TURNS EIGHTEEN YEARS OF AGE OR
17
TRANSITIONS OUT OF FOSTER CARE, INCLUDING REDETERMINATION FOR
18
THE PURPOSES OF SOCIAL SECURITY BENEFITS.
19
(3) THE OFFICE OF THE CHILD'S REPRESENTATIVE SHALL DEVELOP
20
A WRITTEN NOTICE OF THE RIGHTS ENUMERATED IN SUBSECTION (2) OF
21
THIS SECTION. THE OFFICE OF THE CHILD'S REPRESENTATIVE SHALL
22
DEVELOP THE NOTICE WITH INPUT FROM YOUTH WITH LIVED EXPERIENCE.
23
THE NOTICE MUST INCLUDE CONTACT INFORMATION FOR:
24
(a) THE CHILD'S OR YOUTH'S APPOINTED ATTORNEY;
25
(b) THE OFFICE OF THE CHILD PROTECTION OMBUDSMAN;
26
(c) THE APPROPRIATE COUNTY DEPARTMENT OF HUMAN OR SOCIAL
27
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SERVICES; AND
1
(d) THE DEPARTMENT OF HUMAN SERVICES.
2
(4) THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
3
SHALL PROVIDE EACH CHILD OR YOUTH WHO IS FIVE YEARS OF AGE OR
4
OLDER WITH THE WRITTEN NOTICE DEVELOPED PURSUANT TO SUBSECTION
5
(3) AT THE TIME OF THE CHILD'S OR YOUTH'S INITIAL PLACEMENT IN
6
FOSTER CARE, AT EACH PLACEMENT CHANGE, AND AT LEAST ANNUALLY.
7
THE NOTICE MUST BE IN THE CHILD'S OR YOUTH'S PRIMARY LANGUAGE.
8
(5) CERTIFIED AND LICENSED FOSTER PLACEMENTS FOR CHILDREN
9
AND YOUTH SHALL POST THE WRITTEN NOTICE ON THE PREMISES IN A
10
PLACE WHERE CHILDREN AND YOUTH HAVE ACCESS. THE DEPARTMENT OF
11
HUMAN SERVICES SHALL ENSURE COMPLIANCE WITH THIS SECTION AS PART
12
OF ITS OVERSIGHT PROCESS OF CERTIFIED AND LICENSED HOMES FOR
13
YOUTH.
14
(6) SUA SPONTE OR UPON MOTION, A JUVENILE COURT MAY ISSUE
15
ANY ORDERS TO ANY PARTY TO ENSURE THE CHILD OR YOUTH IS PROVIDED
16
THE RIGHTS ENUMERATED IN SUBSECTION (2) OF THIS SECTION.
17
(7) A JUVENILE COURT SHALL NOT LIMIT OR DENY THE RIGHTS
18
ENUMERATED IN SUBSECTION (2) OF THIS SECTION UNLESS THE COURT
19
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THERE ARE
20
EXTRAORDINARY CIRCUMSTANCES AND THE LIMITATION OR DENIAL IS
21
NECESSARY FOR THE SAFETY OF THE CHILD OR YOUTH IN FOSTER CARE.
22
THIS SUBSECTION (7) IS APPLICABLE TO ONLY THE RIGHTS ENUMERATED
23
IN THIS SECTION AND DOES NOT ALTER THE HEARING REQUIREMENTS OR
24
STANDARDS OTHERWISE ESTABLISHED IN THIS TITLE 19.
25
(8) THE RIGHTS ENUMERATED IN SUBSECTION (2) OF THIS SECTION
26
ARE A BROAD EXPRESSION OF THE RIGHTS OF CHILDREN AND YOUTH
27
HB24-1017
-13-
RESIDING IN FOSTER CARE AND ARE NOT EXHAUSTIVE OF ALL RIGHTS SET
1
FORTH IN THE UNITED STATES CONSTITUTION AND THE COLORADO
2
CONSTITUTION, FEDERAL AND STATE STATUTES, AND CASE LAW.
3
(9) THE OFFICE OF THE CHILD PROTECTION OMBUDSMAN SHALL
4
INCLUDE IN ITS ANNUAL REPORT THE NUMBER OF COMPLAINTS RECEIVED
5
RELATED TO THE RIGHTS ENUMERATED IN THIS SECTION, INCLUDING THE
6
RIGHTS BEING VIOLATED OR YOUTH BEING UNAWARE OF THE RIGHTS.
7
SECTION 2. In Colorado Revised Statutes, 19-7-102, amend (1)
8
as follows:
9
19-7-102. Protection against identity theft. (1) The court shall
10
ensure that each youth in foster care who is in the legal custody of a
11
county department of human or social services or the department of
12
human services and who is at least sixteen FOURTEEN years of age obtains
13
or receives free annual credit reports from the department of human
14
services or a county department of human or social services. The county
15
department of human or social services or the department of human
16
services shall inform the court with jurisdiction over the youth, if any, of
17
any inaccuracies in a report and refer the matter to a governmental or
18
nonprofit entity on the referral list developed pursuant to subsection (2)
19
of this section for assistance in interpreting and resolving any
20
inaccuracies in a report if the credit report shows evidence of possible
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identity theft. The youth's counsel for youth shall advise the youth of
22
possible consequences of and options to address the possible identity
23
theft, including the right to report the matter to law enforcement and seek
24
possible prosecution of the offender.
25
SECTION 3. Act subject to petition - effective date. This act
26
takes effect at 12:01 a.m. on the day following the expiration of the
27
HB24-1017
-14-
ninety-day period after final adjournment of the general assembly; except
1
that, if a referendum petition is filed pursuant to section 1 (3) of article V
2
of the state constitution against this act or an item, section, or part of this
3
act within such period, then the act, item, section, or part will not take
4
effect unless approved by the people at the general election to be held in
5
November 2024 and, in such case, will take effect on the date of the
6
official declaration of the vote thereon by the governor.
7
HB24-1017
-15-
As enrolled or final
22,212 characters
HOUSE BILL 24-1017
BY REPRESENTATIVE(S) Daugherty and Parenti, Amabile, Bacon,
Boesenecker, Brown, Clifford, deGruy Kennedy, English, Epps, Froelich,
Garcia, Hamrick, Hernandez, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
Marvin, McCormick, McLachlan, Ortiz, Rutinel, Sirota, Story, Titone,
Valdez, Velasco, Vigil, Weissman, Willford, Young;
also SENATOR(S) Zenzinger and Michaelson Jenet, Bridges, Buckner,
Coleman, Cutter, Danielson, Fields, Ginal, Gonzales, Hansen, Hinrichsen,
Jaquez Lewis, Kolker, Marchman, Mullica, Priola, Rodriguez, Sullivan,
Fenberg.
CONCERNING A BILL OF RIGHTS FOR YOUTH IN FOSTER CARE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 19-7-101 as follows:
19-7-101. Rights of children and youth in foster care - written
notice - reporting - legislative declaration. (1) (a) THE GENERAL
ASSEMBLY FINDS AND DECLARES THAT:
(I) CHILDREN AND YOUTH IN FOSTER CARE ARE TEMPORARILY OR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
PERMANENTLY SEPARATED FROM THEIR PARENTS AND ARE THE
RESPONSIBILITY OF THE STATE OF COLORADO;
(II) THESE CHILDREN AND YOUTH ARE IN A UNIQUE SITUATION THAT
REQUIRES SPECIAL SAFEGUARDS, MAKING IT VITAL TO ESTABLISH RIGHTS FOR
CHILDREN AND YOUTH IN FOSTER CARE;
(III) THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES ADMINISTRATION OF CHILDREN AND FAMILIES HAS STRESSED THAT
EVERY CHILD AND YOUTH WHO IS UNABLE TO LIVE WITH THE CHILD'S OR
YOUTH'S PARENTS IS ENTITLED TO A SAFE, LOVING, AND AFFIRMING FOSTER
CARE PLACEMENT, REGARDLESS OF THE CHILD'S OR YOUTH'S SEXUAL
ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION;
(IV) APPROXIMATELY THREE THOUSAND SIX HUNDRED CHILDREN OR
YOUTH ARE CURRENTLY IN OUT-OF-HOME FOSTER PLACEMENTS IN
COLORADO; AND
(V) CHILDREN AND YOUTH IN FOSTER CARE, BOTH IN COLORADO AND
NATIONWIDE, TEND TO HAVE POORER OUTCOMES THAN OTHER CHILDREN
AND YOUTH, INCLUDING:
(A) ONE-THIRD OF CHILDREN OR YOUTH IN FOSTER CARE IN
COLORADO WHO AGE OUT OF FOSTER CARE BECOME HOMELESS WITHIN
THREE YEARS;
(B) CHILDREN AND YOUTH IN FOSTER CARE IN COLORADO CHANGE
SCHOOLS AN AVERAGE OF THREE-AND-ONE-HALF TIMES PER YEAR;
(C) APPROXIMATELY THIRTY PERCENT OF YOUTH IN FOSTER CARE IN
COLORADO GRADUATE FROM HIGH SCHOOL, COMPARED TO EIGHTY-TWO
PERCENT OF THE GENERAL STUDENT POPULATION;
(D) IN COLORADO, YOUTH IN FOSTER CARE HAVE LOWER
GRADUATION RATES THAN YOUTH EXPERIENCING HOMELESSNESS;
(E) NATIONWIDE, MORE THAN HALF OF CHILDREN AND YOUTH IN
FOSTER CARE RECEIVE A PSYCHIATRIC OR MENTAL HEALTH DIAGNOSIS,
COMPARED TO SIXTEEN AND SIXTY ONE-HUNDREDTHS PERCENT OF
INCOME-ELIGIBLE CHILDREN AND YOUTH ON MEDICAID;
PAGE 2-HOUSE BILL 24-1017
(F) NATIONWIDE, ONE OUT OF FOUR CHILDREN AND YOUTH IN FOSTER
CARE BETWEEN THE AGES OF SIX AND SEVENTEEN ARE ADMINISTERED AT
LEAST ONE PSYCHOTROPIC MEDICATION;
(G) THIRTY PERCENT OF CHILDREN AND YOUTH IN FOSTER CARE
NATIONWIDE IDENTIFY AS LGBTQ+ , AND THESE CHILDREN AND YOUTH
HAVE AN ADDITIONAL LAYER OF TRAUMA THAT ACCOMPANIES BEING
REJECTED OR MISTREATED BECAUSE OF THEIR SEXUAL ORIENTATION,
GENDER IDENTITY, OR GENDER EXPRESSION;
(H) RESEARCH SHOWS THAT CHILDREN AND YOUTH IN FOSTER CARE
WHO IDENTIFY AS LGBTQ+ ARE MORE THAN TWICE AS LIKELY TO REPORT
BEING TREATED POORLY BY THE FOSTER CARE SYSTEM;
(I) APPROXIMATELY TEN PERCENT OF CHILDREN AND YOUTH IN
FOSTER CARE NATIONWIDE ARE ENTITLED TO SOCIAL SECURITY BENEFITS,
EITHER BECAUSE THEIR PARENT OR PARENTS HAVE DIED OR BECAUSE THEY
HAVE A PHYSICAL OR INTELLECTUAL DISABILITY; AND
(J) CHILDREN AND YOUTH WHO ARE IN FOSTER CARE ARE AT AN
INCREASED RISK OF INCARCERATION, WITH TWENTY-SIX PERCENT OF YOUTH
WHO ARE TWENTY-ONE YEARS OF AGE AND WHO WERE FORMERLY IN FOSTER
CARE IN COLORADO HAVING BEEN INCARCERATED WITHIN THE PAST TWO
YEARS, WHILE YOUTH WHO ARE TWENTY-ONE YEARS OF AGE AND WHO ARE
IN THE GENERAL POPULATION HAVE APPROXIMATELY A SEVENTEEN PERCENT
LIKELIHOOD OF HAVING BEEN INCARCERATED IN THE PAST TWO YEARS.
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT TO
PROTECT THE CHILDREN AND YOUTH WHO ARE THE RESPONSIBILITY OF THE
STATE, A STATUTORY BILL OF RIGHTS IS ESTABLISHED FOR THESE CHILDREN
AND YOUTH, ALONG WITH A SYSTEM TO NOTIFY CHILDREN AND YOUTH OF
THEIR RIGHTS AND A MECHANISM TO ENFORCE THOSE RIGHTS. THE
STATUTORY RIGHTS ESTABLISHED IN THIS SECTION ARE NOT INTENDED TO
LIMIT OR SUPERSEDE THE CONSTITUTIONAL RIGHTS OF PARENTS, NOR DO
THEY LIMIT ANY OTHER CONSTITUTIONAL OR STATUTORY RIGHTS AFFORDED
TO CHILDREN AND YOUTH. THIS BILL OF RIGHTS IS INTENDED TO IMPROVE
THE HEALTH, WELL-BEING, AND SAFETY OF CHILDREN AND YOUTH IN FOSTER
CARE BY DEFINING THE RIGHTS OF CHILDREN AND YOUTH IN FOSTER CARE,
CLARIFYING THE AUTHORITY OF THE COURTS TO ENFORCE THESE RIGHTS,
AND PROVIDING CHILDREN AND YOUTH WITH NOTICE OF THEIR RIGHTS.
PAGE 3-HOUSE BILL 24-1017
(2) A CHILD OR YOUTH IN FOSTER CARE OR PARTICIPATING IN THE
FOSTER YOUTH IN TRANSITION PROGRAM, CREATED IN PART 3 OF THIS
ARTICLE 7, BUT EXCLUDING A CHILD OR YOUTH DETAINED BY OR COMMITTED
TO THE CARE AND PHYSICAL CUSTODY OF THE DIVISION OF YOUTH SERVICES
IN THE DEPARTMENT OF HUMAN SERVICES, HAS THE FOLLOWING RIGHTS:
(a) FAIR AND EQUAL ACCESS, INCLUDING:
(I) FREEDOM FROM DISCRIMINATION OR HARASSMENT ON THE BASIS
OF ACTUAL OR PERCEIVED RACE OR ANCESTRY, ETHNIC GROUP, NATIONAL
ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER
EXPRESSION, DISABILITY, MARITAL STATUS, FAMILIAL STATUS, SOURCE OF
INCOME, MILITARY STATUS, OR HIV STATUS;
(II) FREEDOM OF THOUGHT, CONSCIENCE, CULTURAL AND ETHNIC
PRACTICE, AND RELIGION, INCLUDING THE RIGHT TO ATTEND OR REFUSE TO
ATTEND CULTURAL, ETHNIC, AND RELIGIOUS SERVICES AND ACTIVITIES;
(III) EXPRESSION OF THE CHILD'S OR YOUTH'S GENDER IDENTITY AND
BE REFERRED TO BY THE CHILD'S OR YOUTH'S PREFERRED NAME AND GENDER
PRONOUNS;
(IV) FREEDOM FROM THREATS, PUNISHMENT, OR RETALIATION FOR
ASKING QUESTIONS, STATING CONCERNS, OR MAKING COMPLAINTS ABOUT A
VIOLATION OF THE RIGHTS AND PROTECTIONS ESTABLISHED IN THIS ARTICLE
7;
(V) ACCESS TO SERVICES, PLACEMENT, AND STATE AND FEDERAL
PROGRAMS AND SERVICES FOR WHICH THE CHILD OR YOUTH IS ELIGIBLE;
(VI) DEVELOPMENTALLY APPROPRIATE NOTIFICATION OF ANY
BENEFITS FOR WHICH THE CHILD OR YOUTH IS ELIGIBLE OR RECEIVING,
INCLUDING WRITTEN NOTIFICATION OF WHO IS SERVING AS REPRESENTATIVE
PAYEE, WHEN APPLICABLE; AND
(VII) IF THERE IS A REPRESENTATIVE PAYEE WHO ACCEPTS
PAYMENTS FOR A CHILD OR YOUTH, AN ACCOUNTING OF THE USE OF THOSE
PAYMENTS WHEN REQUESTED BY THE CHILD OR YOUTH AND ON AN ANNUAL
BASIS;
PAGE 4-HOUSE BILL 24-1017
(b) APPROPRIATE PLACEMENT AND CARE, INCLUDING:
(I) APPROPRIATE ADULT GUIDANCE, SUPPORT, AND SUPERVISION IN
A SAFE, HEALTHY, AND COMFORTABLE ENVIRONMENT IN WHICH THE CHILD
OR YOUTH IS TREATED WITH FAIRNESS, RESPECT, AND DIGNITY;
(II) CONSIDERATION OF THE CHILD'S OR YOUTH'S PREFERENCE
REGARDING THE CHILD'S OR YOUTH'S PLACEMENT;
(III) FREEDOM FROM PHYSICAL, SEXUAL, EMOTIONAL, OR OTHER
ABUSE; CORPORAL PUNISHMENT; NEGLECT; OR ANY OTHER FORM OF
INHUMANE TREATMENT, SUCH AS EXPLOITATION OR TRAFFICKING;
(IV) PLACEMENT IN THE LEAST RESTRICTIVE SETTING THAT IS
APPROPRIATE TO THE CHILD'S OR YOUTH'S NEEDS, AND RECEIPT OF THE
SERVICES AND SUPPORTS NECESSARY TO MAINTAIN THAT PLACEMENT;
(V) FREEDOM FROM ABANDONMENT OR BEING LOCKED IN A ROOM,
BUILDING, OR PREMISES, OR BEING SUBJECTED TO ISOLATION OR OTHER
PHYSICAL OR MEDICAL RESTRAINT, UNLESS OTHERWISE AUTHORIZED BY
STATUTE;
(VI) PLACEMENT WITH A FOSTER CARE PROVIDER WHO IS AWARE OF
AND UNDERSTANDS THE CHILD'S OR YOUTH'S UNIQUE HISTORY AS IT RELATES
TO THE CHILD'S OR YOUTH'S CARE AND WHO POSSESSES THE APPROPRIATE
KNOWLEDGE AND SKILLS TO PROVIDE FOR THE CHILD'S OR YOUTH'S NEEDS;
(VII) APPLICATION OF THE REASONABLE AND PRUDENT PARENT
STANDARD AS REQUIRED BY FEDERAL LAW;
(VIII) RETURN TO THE CUSTODY OF A PARENT OR LEGAL GUARDIAN,
CONSISTENT WITH APPLICABLE LEGAL STANDARDS AND CONSIDERING THE
PREFERENCES OF THE CHILD OR YOUTH;
(IX) TIMELY COURT PROCEEDINGS AND DETERMINATIONS ABOUT THE
CHILD'S OR YOUTH'S PLACEMENT;
(X) EFFECTIVE CASE MANAGEMENT AND PLANNING THAT
PRIORITIZES THE SAFE RETURN OF THE CHILD OR YOUTH TO THE CHILD'S OR
YOUTH'S PARENTS, LEGAL GUARDIANS, RELATIVES, OR KIN, OR MOVING THE
PAGE 5-HOUSE BILL 24-1017
CHILD OR YOUTH TO OTHER FORMS OF PERMANENT PLACEMENT, IF
NECESSARY;
(XI) A REQUIREMENT THAT THE REPRESENTATIVE PAYEE FOR THE
CHILD OR YOUTH, INCLUDING THE DEPARTMENT OF HUMAN SERVICES IF IT IS
ACTING AS THE REPRESENTATIVE PAYEE, USE ANY BENEFITS THE CHILD OR
YOUTH RECEIVES TO MEET THE CHILD'S OR YOUTH'S INDIVIDUAL NEEDS
AFTER THE REPRESENTATIVE PAYEE MEETS WITH THE CHILD OR YOUTH TO
ASCERTAIN THE CHILD'S OR YOUTH'S CURRENT AND FORESEEABLE NEEDS;
AND
(XII) TIMELY
NOTIFICATION
TO
THE
SOCIAL
SECURITY
ADMINISTRATION TO INITIATE THE TRANSFER OF BENEFITS FROM A
REPRESENTATIVE PAYEE WHEN A CHILD OR YOUTH WHO IS RECEIVING
BENEFITS LEAVES THE CUSTODY OF THE DEPARTMENT OF HUMAN SERVICES;
(c) ACCESS AND COMMUNICATION, IN A SETTING THAT PROVIDES
PRIVACY FOR IN-PERSON OR OTHER METHODS OF CONTACT, WITH
PROFESSIONALS AND OTHER SUPPORTS, INCLUDING:
(I) PERSONS WORKING ON THE CHILD'S OR YOUTH'S BEHALF,
INCLUDING, BUT NOT LIMITED TO, CASEWORKERS, THE CHILD'S OR YOUTH'S
GUARDIAN AD LITEM OR COUNSEL FOR YOUTH AND THEIR LEGAL TEAMS,
MENTAL HEALTH PROFESSIONALS, TRIBE, FOSTER YOUTH ADVOCATES AND
SUPPORTERS, COURT-APPOINTED SPECIAL ADVOCATES, EDUCATION RIGHTS
HOLDERS, AND PROBATION OFFICERS. THE CHILD'S OR YOUTH'S CONTACT
WITH THE CHILD'S OR YOUTH'S GUARDIAN AD LITEM, COUNSEL FOR YOUTH,
OTHER ATTORNEYS, AND MEMBERS OF THE CHILD'S OR YOUTH'S LEGAL TEAM
MUST PROTECT THE APPLICABLE LEGAL PRIVILEGES AND CONFIDENTIALITY.
(II) THE CHILD'S OR YOUTH'S GUARDIAN AD LITEM OR COUNSEL FOR
YOUTH, THE CHILD PROTECTION OMBUDSMAN, COUNTY DEPARTMENTS OF
HUMAN OR SOCIAL SERVICES, OR THE DEPARTMENT OF HUMAN SERVICES
REGARDING ANY QUESTIONS, CONCERNS, OR VIOLATIONS OF THE RIGHTS AND
PROTECTIONS ESTABLISHED IN THIS ARTICLE 7; AND
(III) CONNECTIONS TO THE CHILD'S OR YOUTH'S COMMUNITY AND
SUPPORTS, INCLUDING COMMUNICATION AND CONTACT WITH PEOPLE
OUTSIDE THE FOSTER CARE SYSTEM WHO ARE IMPORTANT TO THE CHILD OR
YOUTH, UNLESS OTHERWISE LIMITED BY LAW OR COURT ORDER;
PAGE 6-HOUSE BILL 24-1017
(d) CONFIDENTIALITY AND PRIVACY, INCLUDING:
(I) CONFIDENTIALITY OF ALL JUVENILE COURT RECORDS, CONSISTENT
WITH EXISTING LAW;
(II) FREEDOM FROM UNREASONABLE SEARCHES, LIMITATION OF USE,
OR TAKING OF PERSONAL BELONGINGS OR OTHER UNREASONABLE INVASIONS
OF PRIVACY; AND
(III) REASONABLE EXPECTATIONS OF PRIVACY TO MAKE AND
RECEIVE TELEPHONE CALLS AND SEND AND RECEIVE TEXT MESSAGES, EMAIL,
AND POSTAL MAIL;
(e) EDUCATION, INCLUDING:
(I) RECEIPT OF A FREE AND APPROPRIATE EDUCATION, ACCESS TO
TRANSPORTATION TO EDUCATIONAL INSTITUTIONS, AND AN OPPORTUNITY TO
PARTICIPATE IN SPORTS AND EXTRACURRICULAR, CULTURAL, PERSONAL
ENRICHMENT, AND SOCIAL ACTIVITIES CONSISTENT WITH THE CHILD'S OR
YOUTH'S AGE AND DEVELOPMENTAL LEVEL, INCLUDING ACCESS TO
COMPUTER TECHNOLOGY AND THE INTERNET AS NECESSARY FOR THE CHILD'S
OR YOUTH'S EDUCATION; AND
(II) SCHOOL STABILITY THAT PRESUMES THE CHILD OR YOUTH WILL
REMAIN IN THE SCHOOL OF ORIGIN, AS DEFINED IN SECTION 22-32-138, IN
WHICH THE CHILD OR YOUTH IS ENROLLED AT THE TIME OF PLACEMENT,
UNLESS REMAINING IN THAT SCHOOL IS NOT IN THE CHILD'S OR YOUTH'S BEST
INTERESTS;
(f) BASIC ESSENTIALS, INCLUDING:
(I) ADEQUATE AND GENDER- AND CULTURALLY AFFIRMING FOOD,
CLOTHING, HYGIENE PRODUCTS, AND NECESSARY HYGIENE SERVICES;
(II) PERSONAL ALLOWANCE OR EMPLOYMENT OPPORTUNITIES
APPROPRIATE TO THE CHILD'S OR YOUTH'S AGE AND DEVELOPMENTAL LEVEL,
INCLUDING APPROPRIATE OPPORTUNITIES TO EXPERIENCE THE USE AND
VALUE OF MONEY BY MAKING PURCHASES FOR ITEMS ACCORDING TO THE
CHILD'S OR YOUTH'S CHOICE; AND
PAGE 7-HOUSE BILL 24-1017
(III) PERSONAL BELONGINGS, INCLUDING WEARING THE CHILD'S OR
YOUTH'S OWN CLOTHING, HAVING A SAFE PLACE TO STORE PERSONAL
BELONGINGS, AND HAVING PERSONAL BELONGINGS TRANSPORTED IN
APPROPRIATE LUGGAGE WITH THE CHILD OR YOUTH DURING OR SHORTLY
AFTER A CHANGE OF PLACEMENT. PERSONAL BELONGINGS STORED AND
TRANSPORTED AFTER A CHANGE OF PLACEMENT MUST BE MAINTAINED IN
THE SAME OR BETTER CONDITION.
(g) HEALTH CARE, INCLUDING:
(I) ADEQUATE AND APPROPRIATE MEDICAL, DENTAL, VISION, MENTAL
HEALTH, AND SUBSTANCE USE DISORDER SERVICES;
(II) REPRODUCTIVE AND SEXUAL HEALTH CARE CONSISTENT WITH
COLORADO STATE LAW;
(III) FREEDOM FROM THE ADMINISTRATION OF PRESCRIPTION
MEDICATION OR OTHER CHEMICAL SUBSTANCES, UNLESS AUTHORIZED BY A
PHYSICIAN OR, WHEN NECESSARY, COURT ORDER, AFTER AN INDIVIDUALIZED
ASSESSMENT OF THE CHILD OR YOUTH, INCLUDING A CONSULTATION WITH
THE CHILD OR YOUTH, AND WITH THE CHILD'S OR YOUTH'S CONSENT,
CONSISTENT WITH COLORADO STATE LAW;
(IV) ACCESS TO PRESCRIBED MEDICATIONS DURING A PLACEMENT
CHANGE OR SIMILAR TRANSITION SO THE CHILD OR YOUTH DOES NOT
EXPERIENCE A DISRUPTION IN THE AVAILABILITY OF NECESSARY
PRESCRIPTION MEDICATION; AND
(V) NOTIFICATION OF THE MEDICATIONS THAT WERE PRESCRIBED TO
THE CHILD OR YOUTH AND THE PURPOSE FOR EACH MEDICATION FOR THE
CHILD OR YOUTH;
(h) PARTICIPATION IN LEGAL PROCEEDINGS AND CASE PLANNING,
INCLUDING:
(I) APPOINTMENT OF A GUARDIAN AD LITEM OR COUNSEL FOR YOUTH
PURSUANT TO SECTIONS 19-3-203 AND 19-7-308;
(II) ATTENDING AND FULLY PARTICIPATING IN ALL HEARINGS
RELATED TO THE CHILD'S OR YOUTH'S CASE, INCLUDING ACCESS TO
PAGE 8-HOUSE BILL 24-1017
APPROPRIATE TRANSPORTATION FOR THE CHILD'S OR YOUTH'S COURT
PROCEEDINGS, AND THE OPPORTUNITY TO BE HEARD SEPARATELY WHEN
DEEMED NECESSARY BY THE COURT PURSUANT TO SECTION 19-1-106 (5);
(III) AT THE CHILD'S OR YOUTH'S REQUEST, ALLOWING CERTAIN
PEOPLE TO BE PRESENT FOR THE CHILD'S OR YOUTH'S COURT PROCEEDINGS
THAT TAKE PLACE PURSUANT TO SECTION 19-1-106;
(IV) CONSULTING WITH THE COURT REGARDING THE CHILD'S OR
YOUTH'S PERMANENCY GOALS PURSUANT TO SECTION 19-3-702 (1)(a);
(V) AS APPROPRIATE TO A CHILD'S OR YOUTH'S AGE AND
DEVELOPMENTAL LEVEL, BEING INFORMED OF AND PARTICIPATING IN THE
DEVELOPMENT OF THE CHILD'S OR YOUTH'S CASE PLAN, CONSISTENT WITH
STATE AND FEDERAL LAW; AND
(VI) AS APPROPRIATE TO THE CHILD'S OR YOUTH'S AGE AND
DEVELOPMENTAL LEVEL, PARTICIPATION IN AND ACCOMPANIMENT OF
SUPPORTS TO MEETINGS ABOUT THE CHILD'S OR YOUTH'S COURT
PROCEEDINGS; AND
(i) THE NECESSITIES TO BE SELF-SUFFICIENT DURING THE TRANSITION
TO ADULTHOOD, INCLUDING:
(I) CONSISTENT WITH THE CHILD'S OR YOUTH'S DEVELOPMENTAL
LEVEL, ASSISTANCE WITH ESTABLISHING A BANK ACCOUNT, INCLUDING
IDENTIFYING INSTITUTIONS WHERE A CHILD OR YOUTH MAY OPEN A BANK
ACCOUNT, OBTAINING DOCUMENTS NECESSARY TO OPEN AN ACCOUNT,
LEARNING HOW TO SPEND A REASONABLE AMOUNT OF MONEY, AND
MANAGING PERSONAL INCOME. THIS SUBSECTION (2)(i)(I) DOES NOT CREATE
AN OBLIGATION TO FUND THE CHILD'S OR YOUTH'S BANK ACCOUNT, IF ONE
IS CREATED.
(II) HAVING ACCESS TO INFORMATION REGARDING THE WORK AND
EDUCATIONAL OPTIONS AVAILABLE TO THE CHILD OR YOUTH, INCLUDING,
BUT NOT LIMITED TO, INFORMATION REGARDING AVAILABLE FINANCIAL AID
AND POSTSECONDARY EDUCATION SUPPORT CONSISTENT WITH STATE LAW;
(III) BEING ALLOWED TO WORK AND DEVELOP JOB SKILLS,
CONSISTENT WITH STATE LAW AND THE CHILD'S OR YOUTH'S AGE AND
PAGE 9-HOUSE BILL 24-1017
DEVELOPMENTAL LEVEL;
(IV) OBTAINING OR RECEIVING A FREE ANNUAL CREDIT REPORT FROM
THE DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF
HUMAN OR SOCIAL SERVICES AND THE ADDITIONAL CREDIT-RELATED AND
IDENTITY THEFT PROTECTIONS PROVIDED IN SECTION 19-7-102 IF THE CHILD
OR YOUTH IS IN THE LEGAL CUSTODY OF A COUNTY DEPARTMENT OF HUMAN
OR SOCIAL SERVICES AND IS FOURTEEN YEARS OF AGE OR OLDER;
(V) WHEN THE YOUTH IS EIGHTEEN YEARS OF AGE OR OLDER AND
LEAVING FOSTER CARE, BEING PROVIDED WITH THE YOUTH'S BIRTH
CERTIFICATE, SOCIAL SECURITY CARD, IMMIGRATION DOCUMENTS, HEALTH
INSURANCE INFORMATION, MEDICAL RECORDS, EDUCATION RECORDS, EITHER
A DRIVER'S LICENSE OR A STATE-ISSUED IDENTIFICATION CARD, WRITTEN
INFORMATION CONCERNING THE YOUTH'S FAMILY HISTORY AND CONTACT
INFORMATION FOR SIBLINGS, IF APPROPRIATE, AND PROOF OF FOSTER CARE
PURSUANT TO SECTION 19-3-702 (4)(d);
(VI) NOTIFYING A YOUTH WHO IS TURNING SIXTEEN YEARS OF AGE
OF THE YOUTH'S ELIGIBILITY FOR THE FOSTER YOUTH TRANSITION PROGRAM,
CREATED IN PART 3 OF THIS ARTICLE 7;
(VII) ASSISTING A YOUTH IN APPLYING FOR BENEFITS THE YOUTH IS
ELIGIBLE FOR OR CURRENTLY RECEIVING, TO ENSURE THAT BENEFITS
CONTINUE ONCE THE YOUTH TURNS EIGHTEEN YEARS OF AGE OR
TRANSITIONS OUT OF FOSTER CARE, INCLUDING REDETERMINATION FOR THE
PURPOSES OF SOCIAL SECURITY BENEFITS; AND
(VIII) DRIVING INSTRUCTION FOR YOUTH FIFTEEN YEARS OF AGE AND
OLDER PURSUANT TO SECTION 26-5-115.
(3) THE OFFICE OF THE CHILD'S REPRESENTATIVE SHALL DEVELOP A
WRITTEN NOTICE OF THE RIGHTS ENUMERATED IN SUBSECTION (2) OF THIS
SECTION. THE OFFICE OF THE CHILD'S REPRESENTATIVE SHALL DEVELOP THE
NOTICE WITH INPUT FROM YOUTH WITH LIVED EXPERIENCE. THE NOTICE
MUST INCLUDE CONTACT INFORMATION FOR:
(a) THE CHILD'S OR YOUTH'S APPOINTED ATTORNEY;
(b) THE OFFICE OF THE CHILD PROTECTION OMBUDSMAN;
PAGE 10-HOUSE BILL 24-1017
(c) THE APPROPRIATE COUNTY DEPARTMENT OF HUMAN OR SOCIAL
SERVICES; AND
(d) THE DEPARTMENT OF HUMAN SERVICES.
(4) THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
SHALL PROVIDE EACH CHILD OR YOUTH WHO IS FIVE YEARS OF AGE OR OLDER
WITH THE WRITTEN NOTICE DEVELOPED PURSUANT TO SUBSECTION (3) AT
THE TIME OF THE CHILD'S OR YOUTH'S INITIAL PLACEMENT IN FOSTER CARE,
AT EACH PLACEMENT CHANGE, AND AT LEAST ANNUALLY. THE NOTICE MUST
BE IN THE CHILD'S OR YOUTH'S PRIMARY LANGUAGE.
(5) CERTIFIED AND LICENSED FOSTER PLACEMENTS FOR CHILDREN
AND YOUTH SHALL POST THE WRITTEN NOTICE ON THE PREMISES IN A PLACE
WHERE CHILDREN AND YOUTH HAVE ACCESS. THE DEPARTMENT OF HUMAN
SERVICES SHALL ENSURE COMPLIANCE WITH THIS SECTION AS PART OF ITS
OVERSIGHT PROCESS OF CERTIFIED AND LICENSED HOMES FOR YOUTH.
(6) SUA SPONTE OR UPON MOTION, A JUVENILE COURT MAY ISSUE
ANY ORDERS TO ANY PARTY TO ENSURE THE CHILD OR YOUTH IS PROVIDED
THE RIGHTS ENUMERATED IN SUBSECTION (2) OF THIS SECTION.
(7) A JUVENILE COURT SHALL NOT LIMIT OR DENY THE RIGHTS
ENUMERATED IN SUBSECTION (2) OF THIS SECTION UNLESS THE COURT FINDS
BY CLEAR AND CONVINCING EVIDENCE THAT THERE ARE EXTRAORDINARY
CIRCUMSTANCES AND THE LIMITATION OR DENIAL IS NECESSARY FOR THE
SAFETY OF THE CHILD OR YOUTH IN FOSTER CARE. THIS SUBSECTION (7) IS
APPLICABLE TO ONLY THE RIGHTS ENUMERATED IN THIS SECTION AND DOES
NOT ALTER THE HEARING REQUIREMENTS OR STANDARDS OTHERWISE
ESTABLISHED IN THIS TITLE 19.
(8) THE RIGHTS ENUMERATED IN SUBSECTION (2) OF THIS SECTION
ARE A BROAD EXPRESSION OF THE RIGHTS OF CHILDREN AND YOUTH
RESIDING IN FOSTER CARE AND ARE NOT EXHAUSTIVE OF ALL RIGHTS SET
FORTH IN THE UNITED STATES CONSTITUTION AND THE COLORADO
CONSTITUTION, FEDERAL AND STATE STATUTES, AND CASE LAW.
(9) THE OFFICE OF THE CHILD PROTECTION OMBUDSMAN SHALL
INCLUDE IN ITS ANNUAL REPORT THE NUMBER OF COMPLAINTS RECEIVED
RELATED TO THE RIGHTS ENUMERATED IN THIS SECTION, INCLUDING THE
PAGE 11-HOUSE BILL 24-1017
RIGHTS BEING VIOLATED OR YOUTH BEING UNAWARE OF THE RIGHTS.
SECTION 2. In Colorado Revised Statutes, 19-7-102, amend (1)
as follows:
19-7-102. Protection against identity theft. (1) The court shall
ensure that each youth in foster care who is in the legal custody of a county
department of human or social services or the department of human services
and who is at least sixteen FOURTEEN years of age obtains or receives free
annual credit reports from the department of human services or a county
department of human or social services. The county department of human
or social services or the department of human services shall inform the
court with jurisdiction over the youth, if any, of any inaccuracies in a report
and refer the matter to a governmental or nonprofit entity on the referral list
developed pursuant to subsection (2) of this section for assistance in
interpreting and resolving any inaccuracies in a report if the credit report
shows evidence of possible identity theft. The youth's counsel for youth
shall advise the youth of possible consequences of and options to address
the possible identity theft, including the right to report the matter to law
enforcement and seek possible prosecution of the offender.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
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November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________
____________________________
Julie McCluskie
Steve Fenberg
SPEAKER OF THE HOUSE
PRESIDENT OF
OF REPRESENTATIVES
THE SENATE
____________________________
____________________________
Robin Jones
Cindi L. Markwell
CHIEF CLERK OF THE HOUSE
SECRETARY OF
OF REPRESENTATIVES
THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1017