HB 1314 — Family Stability & Kinship Care

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.

CCONCERNING ONCERNING INCREASING FAMILY STABILITYSTABILITY, ,AND, AND , IN CONNECTION THEREWITHTHEREWITH, , PRIORITIZING KINSHIP PLACEMENTS IN CERTAIN CIRCUMSTANCES AND FACILITATING GRANDPARENT CONTACTCONTACT. .

Be it enacted by the GeneralGeneralAssembly Assemblyofthe of the State ofofColorado: Colorado:

(1)( 1) The general assembly finds and declares that:

(a) PlacingachildorPlacing youtha child oryouth who has been removed fromtheirfrom their home in safe kinship care settings promotes familystability,family stability, speeds permanency, and yields better long-term outcomes, which may include safe and timely reunification ofofa a child or youth with their parent;

Similarly, post-adoption contact between a child and a grandparent can be ________ Capital letters or bold & italic numbers indicate new material added to existing law;

dashes through words or numbers indicate deletionsdeletionsfrom from existing law andandsuch such material is notnotpart part of the act.

an ongoing source ofofsupport, support, stability, and affection.

(2) The general assembly finds, therefore, that targeted legislative reforms to prioritize kinship placements and preserve grandparent-grandchildrelationshipswillpromotethestability,safety,andgrandparent-grandchild well-beingrelationships ofwill children,promote the stability, safety, and well-being ofchildren, youth, and families throughout the state.

(a) "Grandparent"meansapersonwhois"Grandparent" ORmeans ,IFTHECHILDapersonwho SFATHERis OR, IFTHECHILD'S FATHER OR MOTHER IS DECEASEDDECEASED, ,WASWAS the parent ofofa a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage;

except that "grandparent" does not include the parent of a child's legal father or mother whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104 (1)(d).(l)(d).

(b) "Great-grandparent" means a person who is OR,IFOR, IF THE CHILDCHILD'S S FATHER OR MOTHER OR GRANDPARENT IS DECEASEDDECEASED, ,WASw AS the grandparent ofofa a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage;

except that "great-grandparent" does not include the grandparent ofofa a child's legal father or mother whose parental rights have been terminated in accordance with sections 19-5-101 and 19-1-104 (1)(d).(l)(d).

Temporarycustody-hearing-timelimits-restrictionTemporarycustody-hearing- time limits -restriction - rules.

(3.6) (a) (IV) The court shall order a county department of human or social services to exercise due diligenceNDdiligencAND DOCUMENT ITS DILIGENT PAGE 2-HOUSE BILL 26-1314 EFFORTSEFFORTSto to contact all grandparents and other adult relatives and identified kin within thirty days after the removal ofofthe the child or youth and to inform them about placement possibilities for the child or youth, unless the court determines there is good cause not to contact or good cause to delay contactingthechild'soryouth'srelativesandkin,including,butnotlimitedcontactingthe child's oryouth's relatives and kin, including, but not limited to, family or domestic violence.

(V) (A) The court shall give preference to giving temporary placementtoachild'splacementto a child's or youth's relative or kinwhoiscapable,willing,andkin who is capable, willing, and available for care.

giving primarypdmary considerationconsideiation to the child's or01 youth's mental, physical, and emotional needs, including the child's or youth's preferenceregardingplacement.Pptefetence LACEMENTOFTHECHILDORYOUTHWITHIegatding THEplacement. RELATIVE OR KIN IS PRESUMED TO BE IN THE BEST INTERESTS OF THE CHILD OR YOUTH .

TPLACEMENTOFTHECHILDORYOUTHWITH HE PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCERELATIVE ,GIVINGORKIN PRIMARYIS CONSIDERATIONPRESUMED TO THEBE CHILDINTHE SBEST ORINTERESTS YOUTHOFTHE S MENTAL ,PHYSICAL ,AND EMOTIONAL NEEDS , INCLUDING THE CHILD 'S OR YOUTHYOUTH. 'S PREFERENCE REGARDING PLACEMENT .

THE PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OFTHE EVIDENCE, GIVING PRIMARY CONSIDERATION TO THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS, INCLUDINGTHECHILD'SORYOUTH'SPREFERENCEREGARDINGPLACEMENT.

The court may place or continue custodywiththecountydepartmentofcustody humanorsocialwith the county department ofhuman or social services if thecourtissatisfiedfromtheinformationpresentedatthehearingthatsuchthe THEcourt custodyisis satisfied from the informationpresented at the hearingthatsuch THEcustody is appropriate and in the child's or youth's best interests, or the court may enter such other orders as are appropriate.

(B) The court may authorize the county department of human or social services with custody of a child or youth to place the child or youth with a relative or kin without the necessity for a hearing if a county department of human or social services locates a capable and willing relative or kin who is available to care for the child or youth and the guardian ad litem!item ofofthe the child or youth concurs that the placement is in the best interests of the child or youth.

If the county department of human or social services places a child or youth with a relative or kin without a hearingpursuanttothissubsection(3.6)(a)(V)hearingpursuantto SUBSECTIONthis (3.6)(a)(V)(B),subsection (3.6)(a)(V) SUBSECTION(3.6)(a)(V)(B), the county department of human or social services shall fully inform the courtofthedetailsconcerningthechild'soryouth'splacementontherecordcourt ofthe details concerningthe child's oryouth'splacementonthe record at the next hearing.

If the court enters an order removing a child or youth from the home or continuing a child or youth in a placement out of the PAGE 3-HOUSE3-HOUSEBILL BILL 26-1314 home, the court shall make the findings required pursuant to section 19-1-115 (6) ififsTHE such findings are warranted by the evidence.

Safety clause.clauseThe general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofthe public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

TheJ general~ assembly-\::: finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________v ____________________________~ ~ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________APPROVED (DateoV''(Y\o~o(li1J\Ml andIt+ Time)2 _________________________________________0 Jared2 S.0M /I:

PolisoOlil~ GOVERNOR(Date OFand THETime) STATE) TATE OF COLORADO PAGE 4-HOUSE BILL 26-1314