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Colorado State Foster Parent Association Legislative Report
Submitted by Adoree Blair, Public Policy Chair
The following new bills affecting families and children are bills of which foster parents should be aware:
HB 02-1018 By Rep. Ragsdale - A Bill for an Act Concerning the Establishment of an Exception for Twenty-Four-Hour Child Care Facilities to Information-Posting Requirements: Excepts child placement agencies from the requirement that child care facilities display information regarding the filing of complaints in a prominent and conspicuous location during the hours of operation. Requires such agencies to make the complaint information available for inspection by its patrons, upon request.
HB 1010 Concerning sex offender registration by Rep Anderson and Sen Veiga –
Repeals and reenacts the sex offender registration provisions. Relocates the procedural provisions concerning sex offender registration. Relocates the provisions requiring nursing care facilities to conduct criminal history checks on employees. Reenacts the crime of failure to register as a sex offender. Requires a person to register as a sex offender, on the grounds that the underlying factual basis of the offense of which the person was convicted involved unlawful sexual behavior, only under specified circumstances.
Makes the following changes to the provisions allowing a judge to exempt a person from registration:
• Requires notice of a motion to exempt to the district attorney and the victim;
• Requires the judge to hold a hearing on the motion at which the district attorney and the victim may be heard;
• Expands the standard for granting the exemption to include a finding of no significant risk to the community;
• Raises the maximum age at which a person may qualify to receive an exemption from 13 to 16 years of age;
• Limits the exemption for unlawful sexual contact to apply only if the person has no previous charges for unlawful sexual behavior and the offenses charged are first offenses;
• Adds indecent exposure to the crimes for which a person may receive an exemption.
HB 1019 - A BILL FOR AN ACT Concerning DNA testing of all felons. Expands DNA testing requirements to apply to all adults convicted of a felony who are in custody or who are on parole or probation. Extends DNA testing requirements to apply to all juveniles who are adjudicated for an offense that would constitute a felony if committed by an adult and, as a result, are committed to the department of human services or placed on probation or under supervision. Allows the Colorado bureau of investigation to store the biological substance to be tested until sufficient appropriations are made for chemical testing.
SENATE BILL 20, A BILL FOR AN ACT Concerning a prohibition against the examination of confidential communications made by a minor child to a parent and, in connection therewith, creating exceptions to the prohibition. Prevents a minor child or a minor child's parent from being examined as a witness regarding a confidential communication made by the minor child to the parent. Exempts the privilege in the following cases: Actions between parents or between a parent and minor child;
• A proceeding to commit the minor child or parent;
• Guardianship or conservatorship proceedings for either the parent or minor child because of mental or physical disability;
• Criminal actions involving the parent and minor child;
• An action involving termination of the parent‑child legal relationship;
• Any action or proceeding involving child abuse, dependency or neglect, abandonment, or non‑support by a parent.
Defines "minor child" as any person under the age of 22.
SENATE BILL 40 BY SENATOR PASCOE AND REP. STAFFORD, A BILL FOR AN ACT Concerning the safety of children's products. Prohibits anyone from placing an unsafe children's product in the stream of commerce on or after July 1, 2002. Requires a manufacturer to warn consumers about any recalled unsafe children's product for a 5‑year period by posting specific recall information on the manufacturer's website. Requires a manufacturer to affix labels with recall and repair information to repaired, recalled children's products and to the containers in which they are sold. Requires a manufacturer to affix a label to all children's products describing the use limitations and potential risks to a child if such limitations are not followed.
Prohibits a child care facility from having unsafe children's products on its premises on or after July 1, 2002. Requires a child care facility to keep a file about all recalled children's products that is accessible to parents and facility staff members. Allows the department of human services to deny, revoke, suspend, or make probationary a child care facility license or assess a fine if a child care facility does not comply with such requirements.
Allows a parent or guardian of a child injured as a result of an unsafe children's product to bring an action against a responsible party who is noncompliant with the "Children's Product Safety Act of 2002" ("Act"). Imposes a class 3 misdemeanor penalty for noncompliance with certain provisions of the Act.
SENATE BILL 48 BY SEN. HANNA - A BILL FOR AN ACT Concerning cruelty to animals, and making an Appropriation in connection therewith. Declares that the intent of the general assembly is to enact comprehensive legislation to address animal cruelty and its associated problems. Changes the penalty for a second or subsequent conviction for cruelty to animals from a misdemeanor to a felony. Creates the felony offense of aggravated cruelty to animals and enhances the punishment for a second or subsequent conviction. Increases the amounts of mandatory fines for animal cruelty convictions. Requires the court to issue a mandatory restraining order in animal cruelty cases. Replaces anger management treatment programs for animal cruelty offenders with treatment programs concerning animal abuse and animal cruelty prevention. Requires, rather than permits, offenders to complete such programs under most circumstances. Requires the court to impose certain conditions if an animal cruelty offender is sentenced to probation. Specifies the formula to be used to calculate restitution in animal cruelty cases.
Creates the state registry for animal cruelty offenders ("registry"). Requires the Colorado bureau of investigation to maintain the registry, to post an internet link to the registry, and to periodically distribute copies of the registry to each sheriff. Requires the registry to be open for public inspection.
Requires in all instances that adults arrested pending investigation of animal cruelty charges be fingerprinted and photographed. Reiterates the requirement for fingerprinting juveniles under certain circumstances.
Creates a compulsory counseling program for children at least 7 but younger than 10 years of age who have committed certain acts of animal cruelty, but who are ineligible to be prosecuted as juveniles. Requires the parents of such children to participate in the program. Involves the county attorney with the administration and judicial enforcement of the program. Empowers a court before which an enforcement proceeding is brought to enter sanctions for neglect or refusal to complete compulsory counseling. Makes conforming amendments to the provisions for sentencing juvenile delinquents adjudicated for animal cruelty offenses.
Makes a statutory 5‑year appropriation.
HB 1018 BY REP. RAGSDALE - A BILL FOR AN ACT ABOUT 24-HOUR CHILD CARE FACILITIES
Excepts child placement agencies from the requirement that child care facilities display information regarding the filing of complaints in a prominent and conspicuous location during the hours of operation. Requires such agencies to make the complaint information available for inspection by its patrons, upon request.
HB 1022 BY REP. JOHNSON AND SEN. LINKHART - A BILL FOR AN ACT Concerning annual redeterminations of adoption assistance for children with special needs.
Eliminates an annual redetermination of the need for subsidized adoption assistance to adoptive parents of children with special needs that is not required under the federal adoption assistance program created in 42 U.S.C.A. § 673.
HB 1046 BY REP. WILLIAMS AND SENATOR ISGAR - A BILL FOR AN ACT Concerning statutory changes to enhance consistent compliance with the federal "Indian Child Welfare Act" statewide. - Recognizes Colorado's commitment to consistent application of and compliance with the federal "Indian Child Welfare Act" ("act") statewide. Requires the petition in those types of cases to which the act applies, including certain juvenile delinquency proceedings, dependency or neglect proceedings, termination of parental rights proceedings, and adoption proceedings, to include a statement concerning the efforts made to determine whether the child who is the subject of the proceeding is an Indian child, and, if so, the identity of the Indian child's tribe. If so identified, requires the petitioning party to send notice of the proceeding to the Indian child's tribe by certified mail, return receipt requested, and to attach the postal receipt to the petition. Requires the court in those cases in which the petition does not disclose whether or not the subject child is an Indian child, to inquire of the parties at the first hearing whether the child is an Indian child and, if so, whether the parties have complied with the procedural requirements set forth in the act.
Encourages the state department and the county departments of social services to work cooperatively in exchanging information they may have about Indian tribes outside the state of Colorado.
Directs that the informational notice of rights and remedies for families required to be prepared by the state department of human services in dependency or neglect cases be in writing and include a notification of rights of parents and legal guardians of Indian children, pursuant to the act.
Defines certain terms.
HB 1070 BY REP. GROFF - A BILL FOR AN ACT Concerning the use of child passenger restraints in motor vehicles.
Declares that motor vehicle accidents are a leading cause of death and that children are particularly at risk because many ride without the use of a proper restraint system. Declares that the use of specific restraint systems are the surest way to protect children and adults from injuries and deaths resulting from motor vehicle accidents.
Requires every child under the age of 16 years to be properly restrained while riding in a motor vehicle. Requires the following:
• A rear‑facing infant car seat for a child less than one year of age or less than 20 pounds.
• A forward‑facing car seat for a child one year of age or older, but less than 4 years of age, or who weighs less than 40 pounds, but at least 20 pounds.
• A child booster seat for a child less than 8 years of age, but at least 4 years of age, or who weighs at least 40 pounds, but is less than 56 inches tall.
• A safety belt for a child who is 8 years of age or older but less than 16 years of age and is 56 inches tall or more.
Requires every child under 12 years of age to ride in the back seat of a motor vehicle unless there is no back seat available or if the passenger air bag is deactivated or not present.
Defines terms.
HB 1101 BY REP. T WILLIAMS AND SEN. GORDON - A BILL FOR AN ACT Concerning family‑friendly courts, and making an appropriation therefor. "Family‑friendly Courts Act" to provide state funding to implement a 3‑year pilot, family‑friendly court program ("program") through the Tony Grampsas youth services program. Specifies that the purpose of the program is to establish or enhance existing family‑friendly court programs in judicial districts throughout the state to provide quality child care services in or near courthouses and to serve as clearinghouses of information and resource referrals. Specifies that to be eligible for funding for the provision of family‑friendly court programs through the Tony Grampsas youth services program, a judicial district shall apply to the Tony Grampsas youth services board ("board") in accordance with specified timelines and guidelines. Directs the state court administrator to announce to all judicial districts the availability of grants for the establishment or enhancement of family‑friendly court programs.
Identifies the duties of the judicial districts that are selected by the board for the provision of family‑friendly court services. Specifies the information and resource referrals that the family‑friendly court services shall make available to patrons of the program.
Authorizes judicial districts and the executive director of the department of public health and environment to accept private and public funds, grants, gifts, and donations for the purpose of implementing the program. Creates the family‑friendly court program cash fund for such moneys and any moneys that may be appropriated to the fund directly by the general assembly. Specifies that family‑friendly court programs may also be funded using federal child care development fund moneys appropriated by the general assembly specifically for the program and provided through grants by the board to judicial districts seeking to implement family‑friendly court programs. Specifies that, on and after July 1, 2002, a portion of the moneys received from certain court docket fees shall also be credited to the family‑friendly court program cash fund for grants by the board through the Tony Grampsas youth services program.
Authorizes the executive director of the department of labor and employment to make grants to judicial districts for family‑friendly court programs that will, in addition to providing child care services in or near courthouses, provide information and resource referrals consistent with the "Displaced Homemakers Act" to displaced homemakers attending court proceedings and related court meetings.
Authorizes revenue received pursuant to the domestic abuse voluntary contribution from individual taxpayers to be used for the program.
Makes an appropriation to the department of public health and environment from the family‑friendly court program cash fund. Makes an appropriation to the department of human services from the federal child care development funds and further appropriates such moneys to the department of public health and environment as cash funds exempt received from the department of human services.
Repeals the program effective July 1, 2005.
Makes conforming amendments.
HB 1129 BY REP. TOCHTROP - A BILL FOR AN ACT Concerning the distribution of food coupons redeemable at farmers' markets to women, infants, and children program participants. Requires the state board of health ("board") to promulgate rules to implement, conditioned on the receipt of gifts, grants, or donations sufficient to provide for the required state match and administrative expenses, a farmers' market nutrition program to distribute women, infants, and children program ("W.I.C. program") food coupons, redeemable only at farmers' markets, to eligible participants of the W.I.C. program. Allows the board to limit the geographic areas in which the farmers' market nutrition program will be implemented and to determine which W.I.C. program participants are eligible for the farmers' market nutrition program. Allows the executive director of the department of public health and environment to accept and expend moneys from gifts, grants, and donations for purposes of providing the state match for the farmers' market nutrition program and to administer the program. Creates the farmers' market nutrition program cash fund.
Repeals the farmers' market nutrition program in 4 years if the program has never been implemented due to the fact that insufficient gifts, grants, or donations were received for the required state match and administrative expenses.
HB 1128 BY REP. SALIMAN, SEN. LINKHART - A BILL FOR AN ACT Concerning the provision of child welfare services, and making an appropriation therefor. Expands the county performance agreement program ("program") of the state department of human services ("state department") to enable the state department to enter into performance agreements with any county or group of counties for the delivery of child welfare services. Creates the performance incentive cash fund ("cash fund"). States that any balance of the general fund portion of a county's capped or targeted allocation for child welfare services shall be transferred to the cash fund rather than used for additional services for children in the county. Requires the general assembly to appropriate annually moneys from the cash fund to the state department for the executive director of the state department to provide financial incentives to any county that has met or exceeded specified requirements of its performance agreement. Requires the incentives allocated by the executive director of the state department to any county or group of counties to be used for family stabilization services. Authorizes the executive director of the state department to accept and expend grants, gifts, or donations for the purposes of the program. Requires all investment earnings derived from the deposit and investment of moneys in the cash fund to remain in the cash fund. Specifies that on and after July 1, 2002, a portion of the moneys deposited into the family stabilization services fund and unexpended capped funds related to funding of child welfare services shall be credited to the cash fund.
Repeals the program 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.
Makes conforming amendments.
Makes an appropriation.
HB 1155 BY REP. CLAPP AND SEN OWEN - A BILL FOR AN ACT Concerning the coverage of pregnant women under the children's basic health plan, and making an appropriation therefor. Adds prenatal care and postpartum care to the children's basic health plan for pregnant women who are not eligible for medicaid. Covers pregnant women whose income is greater than the income level for the baby and kid care program (133% of the federal poverty level) up to the income level for the children's basic health plan (185% of the federal poverty level). Covers postpartum care for 60 days after the birth of the child. Provides that, upon birth, the child is automatically enrolled in the children's basic health plan. Exempts a pregnant woman from paying the annual enrollment fee for the children's basic health plan.
Makes conforming amendments.
Makes an appropriation to implement the act.
HB 1159 BY REP. BERRY AND SEN. REEVES - A BILL FOR AN ACT Concerning the creation of the office of homeless youth services. Creates the "Colorado Homeless Youth Services Act". Creates the office of homeless youth services ("office") in the division of prevention and intervention services for children and youth in the department of public health and environment to provide information, coordination, and support services to public and private entities serving the homeless youth of Colorado. Strongly encourages the office to work with the executive directors or the designees of the executive directors of the Colorado departments of corrections, education, health care policy and financing, higher education, human services, local affairs, natural resources, public safety, transportation, and public health and environment, the judicial department, private nonprofit and not‑for‑profit organizations, appropriate federal departments, and other key stakeholders in the community in performing the duties of the office. Specifies the minimum duties of the office, including the following:
• To provide information, coordination, and support services as may be necessary to reduce needless expenditures of overlapping services, and to improve the quality of services provided to homeless youth;
• To identify procedural and substantive obstacles to the provision of services, and to make recommendations concerning procedural, regulatory, or statutory changes necessary to remove such obstacles;
• To develop, maintain, and make available a clearinghouse of information concerning all available services for the homeless youth population in Colorado;
• To develop, maintain, and make available a list of all rights and organizations that may be relevant to the homeless youth population in Colorado, including, but not limited to, a listing of legal, educational, and victims' rights and organizations related thereto;
• To develop, maintain, and make available a list of all current funding sources for homeless youth services and programs in Colorado;
• To work with entities to identify issues concerning sharing of information in providing services to homeless youth and to facilitate resolution of such issues;
• To examine the federal definition of "status offender" and make legislative recommendations concerning the ramifications of defining this term in Colorado statute;
• On or before January 15, 2003, and on or before January 15, 2004, to submit a written report, which may be submitted electronically, to the governor and to the general assembly concerning the performance of the office of homeless youth services; and
• On or before January 15, 2005, and annually thereafter, to report the activities of the office at a public meeting with the members of the health, environment, welfare, and institutions committee of the house of representatives and the health, environment, children and families committee of the senate.
HB 1168 BY REP S. WILLIAMS AND SEN. EPPS - A BILL FOR AN ACT Concerning the availability of a notation indicating adoption when a new birth certificate is issued.
When a new certificate of birth is issued pursuant to an adoption, requires the state registrar to mark it with the words "issued pursuant to adoption" if requested by an adoptive parent or the adopted person.
HB 1177 BY HEFLEY - A BILL FOR AN ACT Concerning the administration of certain medications in family child care homes. Exempts the administration of routine medications to children cared for in family child care homes from the statutory requirements that nursing tasks be delegated by registered nurses.
Permits child care providers to administer routine medications to children cared for in family child care homes, subject to the following conditions:
• The parent has daily contact with the child care provider that administers the medication;
• The child care provider has completed a medication administration instructional program approved by the department of human services;
• Medications are administered in compliance with rules promulgated by the state board of human services;
• For unit dose epinephrine, a written protocol for determining the need for administration and demonstration of an emergency need for such administration are required; and
• For a nebulized inhaled medication, a written protocol for determining the need for administration is required.
Directs the state board of human services to promulgate rules regarding such administration of routine medications. Conforms nursing regulatory statutes to permit the administration of medications by child care providers in family child care homes.
HB 1181 BY REP. ROMANOFF - A BILL FOR AN ACT Concerning statutory modifications related to the education of homeless children to comply with federal law. Defines residency as it pertains to a homeless child, and authorizes a child who seeks shelter or is located in one school district to be considered a resident of another school district under certain circumstances. Authorizes the school district where a homeless child seeks shelter or is located and the child's school of origin to determine the best interests of the child concerning identification of residency for purposes of school attendance. Requires the department of education to develop an appeal process for resolution of disputes concerning residency of a homeless child. Requires the school selected for the homeless child to attend to enroll the homeless child immediately and obtain records and immunizations necessary for attendance. Requires the board of education of each school district in the state to designate one or more employees to act as a homeless child liaison. Specifies duties of the homeless child liaison.
Under certain circumstances, requires the affected school districts to agree upon a method to apportion cost and responsibility for the transportation of a homeless child to the school district where the child is attending or, in the alternative, to share equally in the cost.
Clarifies the definition of "homeless child". Requires the boards of education of each school district to adopt specific policies related to homeless children.
HB 1196 BY REP. BOYD - A BILL FOR AN ACT Concerning child welfare service rates. Requires the department of human services ("department") and county departments of social services ("county departments") to annually pass through the entire portion of treatment and room and board rate increases for child welfare services appropriated by the general assembly to the providers of these services. Requires the department to make necessary changes to ensure that cost reporting requirements for child welfare service providers ("providers") are instructive so that the department receives consistent and uniform cost reports from providers. Authorizes the department to annually adjust base room and board provider rates. Requires the department, on or before December 1, 2002, to develop a rate setting methodology for providers that utilizes the providers' cost reports and adjusts for the levels of service provided. Requires the department to establish an appeals process for rate disputes. Requires the department to report on the new rate setting methodology, implementation, and potential costs by a specified date and to implement this new rate methodology in fiscal year 2004‑05.
HB 1195 BY REP. ROMANOFF AND SEN. ANDERSON - A BILL FOR AN ACT Concerning the Colorado preschool program. Expands the Colorado preschool program ("state preschool program") to include 3‑year‑old children who meet specified criteria. Allows a school district to count a single pupil who participates in a full day of preschool activities as two half‑day pupils.
Makes a conforming amendment.
To view the bills in entirety, please click on the General Assembly home page, http://www.state.co.us/gov_dir/stateleg.html and follow directions to either a House bill (HB) or Senate bill (SB). If you would like to have your say about a certain bill, follow the same page to the Senate or House calendar, and keep track of when they are appearing in committee so you can speak. You may also call me with specific questions or help. My phone is 303 798 3881, and I will get back to you as soon as I am able. My email is
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Please also be aware that we are working on introduction of two bills about foster children and foster parents. They will be posted here as soon as they are introduced.
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