HB 1298 — Background Checks for Child Welfare Placements
Last action — Governor Signed
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced February 25, 2026. Enacted.
Signed by Governor Jared Polis (Democratic) on June 04, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
30 sponsors
3 primary, 27 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (13 D · 4 R) — cross-party backing.
-
Cleared a recorded vote
Passed 7 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill allows background checks for caregivers of youth involved in child welfare.
The act provides county human services departments the authority to conduct fingerprint-based criminal background checks for individuals caring for child-welfare-involved youth. It allocates federal funds to implement these checks.
What this means for you
- Families: Families seeking out-of-home care for their children can expect a safer vetting process for caregivers.
Summary
The act gives county departments of human or social services and the Colorado department of human services (department) the statutory authority needed to conduct the required fingerprint-based criminal history record checks for individuals who provide out-of-home care for child-welfare-involved youth in accordance with the federal bureau of investigation's standards. For the 2026-27 state fiscal year, the general assembly anticipates that the department will receive $350,000 in federal funds to implement the act, and $350,000 is appropriated to the office of the governor for use by the office of information technology to implement the act. The $350,000 appropriation is from reappropriated funds received from the department.(Note: This summary applies to this bill as enacted.)
Bill Text
What changed in the latest version
194 added · 202 removedPlain-language change summary
The bill updates the language regarding child placement agencies, clarifying that a private entity acting as a child placement agency is not authorized to conduct criminal background checks unless specifically allowed. Additionally, it specifies that the definitions and requirements for foster care homes and kinship foster care homes apply only to those certified by county departments or licensed child placement agencies. These changes matter because they clarify the roles and responsibilities of child placement agencies in ensuring the safety of children under their care.
NOTE:HOUSE BILL 26-1298 BY REPRESENTATIVE(S) Rydin and Kettie, Boesenecker, Camacho, Clifford, Duran, Flanell, Gilchrist, Gonzalez R., Jackson, Joseph, Lieder, Lindsay, Nguyen, Richardson, Ricks, Rutinel;
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.
HOUSE BILL 26-1298 BY REPRESENTATIVE(S) Rydin and Keltie, Boesenecker, Camacho, Clifford, Duran, Flanell, Gilchrist, Gonzalez R., Jackson, Joseph, Lieder, Lindsay, Nguyen, Richardson, Ricks, Rutinel;
CCONCERNING ONCERNING THE AUTHORITY FOR CRIMINAL BACKGROUND CHECKS FOR CHILD WELFARE OUTOUT-OF-HOME -OF -HOME PLACEMENT PROVIDERSPROVIDERS, ,AND, ANDIN ,IN CONNECTION THEREWITHTHEREWITH, ,MAKINGMAKING AN APPROPRIATIONAPPROPRIATION. .
Be it enacted by the General Assembly ofofthe the State ofofColorado: Colorado:
(6) "Child placement agency" or "agency" means a corporation, partnership,association,firm,agency,institution,orpersonunrelatedtothepartnership, association, firm, agency, institution, orpersonunrelatedtothe child being placed, who places, facilitates placement for a fee, or arranges ________ 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.
for placement for care of a child under eighteen years of ageOLDage withOLDwith a family,person,orinstitution.Achildplacementagencymayplace,facilitatefamily, person, orinstitution.Achildplacementagencymayplace, facilitate placement, or arrange for the placement of a child for the purpose of adoption, foster care, treatment foster care, or therapeutic foster care.
As A PRIVATE ENTITYENTITY, , A CHILD PLACEMENT AGENCY IS NOT AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAUOFINVESTIGATIONBUREAUOFINVESTIGATION. .
The natural parents or guardian ofofa a child who place the child for care with a facility licensed as a familychildfamily child care home or child care center, as defined in section 26.5-5-303, are not a child placement agency.
(6.5) "C"COUNTY OUNTYDEPARTMENT" DEPARTMENT " MEANS THE COUNTY OR DISTRICT DEPARTMENTDEPARTMENTOFHUMANORSOCIALSERVICES. OF HUMAN OR SOCIAL SERVICES .
In Colorado Revised Statutes, 26-6-910, amend (1), (2),(5)introductoryportion,(5)(a)introductoryportion,(5)(b),(5)(e),(5.5),(2), (5) introductoryportion,(5)(a) introductoryportion,(5)(b),(5)(e), (5.5), (6)(a), (8)(a), and (8)(b) introductory portion;
andandadd add (5)(f), (5.3), and (8)(c) as follows:
Certification and annualrecertificationoffostercareannual recertification offoster care homes and kinship foster care homes by county departments and licensed child placement agencies - background and reference check requirements - rules - definition.
(1) This section applies to foster careeethomes homeAAFOSTERCAREHOME, FOSTERincludingkinship CAREfoster HOMEeatehomesAKINSHIPFOSTERCAREHOME, ,certified includingkinshipfostercarehomes AKINSHIPFOSTERCAREHOME ,certified by county departments or01 licensed child placement agencies AACOUNTY COUNTY DEPARTMENT OR A LICENSED CHILD PLACEMENT AGENCYAGENCY. .
Except as otherwise provided in subsection (4) ofofthis this section, this section does not applytoapply fosterto caref-osteI homesea1ehomes AAFOSTERCAREHOMEthat FOSTERare CAREISlicensed HOMEby thatthe arIS licensed bythe state department pursuant to the requirements ofofsection section 26-6-905 and that do DOES not receive money from the counties or01 children placed by the counties AACOUNTYORACHILDORYOUTHPLACEDBYACOUNTY. COUNTY OR A CHILD OR YOUTH PLACED BY A COUNTY .
A PAGE 2-HOUSE BILL 26-1298 certificate is considered a license for the purpose ofofthis this part 9, including, butnotlimitedto,theinvestigationandcriminalhistorybackgroundchecksbutnot limitedto, the investigation andcriminal history background checks required pursuant to this section, and section 26-6-912, OR SECTION 19-3-406 (5) SPECIFIC TO A KINSHIP FOSTER CARE HOMEHOME. .
Each certificate mustbeintheformprescribedandprovidedbythestatedepartment,certifymust thatthepersonoperatingthefostercarehomeisasuitablepersontooperatebe inthe form prescribed andprovidedbythe state department, certify thattheperson operatingthe foster carehome is asuitablepersonto operate a foster care home or kinship foster care home or provide care for a child OR YOUTHYOUTH, , and contain any other information that the state department requires.
(5) Prior to issuing a certificate or01 a recertificationn1ecertification to an applicant to operate a foster care home or A kinship foster care home, a county departmentorachildplacementagencylicensedpursuanttotheprovisionsdepartment or a child placement agency licensedpursuantto the provisions of this part 9 shall conduct the following background checks AND FINGERPRINTFINGERPRINT-BASED BASED CRIMINAL HISTORY RECORD CHECKS for the applicant for a certificate, a person employed by the applicant, or a person who resides at the facility or the home:
(a) AAN N INITIAL SUBMISSION OF a fingerprint-based criminal history recordcheckthroughtheColoradobureauofinvestigationrecord FORACHECKOFcheckthrough the Colorado bureau ofinvestigation FORACHECK OF STATE RECORDSRECORDS, ,and andTHEREAFTERTHEREAFTER A SUBMISSION TO the federal bureau of investigation FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK to determine ififthe the applicant, employee, or apersonwhoresidesatthefacilityaperson who resides at the facility or theFOSTERthe FOSTER CARE home has been convicted of:
(b) A check ofofthe the ICON system at the statestatejudicial judicial department to determine the status or disposition ofofany anycriminalcriminal charges brought against the applicant, the employee, or a person who resides at the facility or the home that were identified by the fingerprint-based criminal history record checkthroughtheColoradobureauofcheckthrough investigation.andthefederalbureauthe ofColorado investigation;bureau ofinvestigation.
and the federal buteau of investigation, (e) When the results ofofa a fingerprint-based criminal history record check or any other record check performed pursuant to this subsection (5) revealarecordofarrestwithoutadisposition,thecountydepartment,reveal STATEarecordofarrestwithoutadisposition, DEPARTMENTthecountydepartment, ,STATE DEPARTMENT, or licensed child placement agency shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
RESULTS RECEIVED BY THE STATE DEPARTMENT FROM PAGE 3-HOUSE BILL 26-1298 THE FEDERAL BUREAU OF INVESTIGATION THAT REQUIRE ADDITIONAL INVESTIGATIONDUETOARECORDOFARRESTWITHOUTADISPOSITIONMUSTINVESTIGATION DUETO A RECORD OF ARREST WITHOUT A DISPOSITION MUST ONLY BE DISCLOSED TO AND DISCUSSED WITH THE SUBJECT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKCHECK. .
ALL JUDICIAL RECORD INFORMATION RECEIVED AS A RESULT OF THE FURTHER INVESTIGATION MUST BE KEPT CONFIDENTIAL AND NOT SHARED WITH A LICENSED CHILD PLACEMENT AGENCY OR WITH A PERSON NOT AUTHORIZED TO RECEIVE CRIMINAL JUSTICE INFORMATIONINFORMATION. .
THE CHILD PLACEMENT AGENCY OR NONNON-AUTHORIZED -AUTHORIZED PERSON MUST ONLY RECEIVE INFORMATION PROVIDED IN THE GENERAL INFORMATION LETTER CONTAINING ELIGIBILITY STATUSSTATUS. .
(f) A FINGERPRINTFINGERPRINT-BASED BASED CRIMINAL HISTORY RECORD CHECK THROUGH THE CCOLORADO OLORADO BUREAU OF INVESTIGATION AND THE FEDERAL BUREAUOFINVESTIGATIONTODETERMINEIFTHEAPPLICANTBUREAUOFINVESTIGATIONTODETERMINEIFTHEAPPLICANT,EMPLOYEE,OR ,EMPLOYEE ,OR A PERSON WHO RESIDES IN THE KINSHIP FOSTER CARE HOME HAS BEEN CONVICTED OF ANY OFFENSE DESCRIBED IN SECTION 19-3-406 (5),AS "CONVICTION"CONVICTION" "ISIS DEFINED IN SECTIO19-3-406 (12).
(5.3) (a)(a)THE TE COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED AS A RESULT OF A FINGERPRINTFINGERPRINT-BASED -BASED CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANTPURSUANTTO TO THIS SECTION ONLY TO THE COUNTY DEPARTMENT OR STATE DEPARTMENTDEPARTMENT, ,ANDAND THE USE AND HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINALJUSTICECRIMINAL INFORMATIONSERVICESSECURITYPOLICYANDFEDERALJUSTICE BUREAUOFINVESTIGATIONINFORMATION 'SREQUIREMENTSSURROUNDINGTHEHANDLINGSERVICES OFCRIMINALHISTORYRECORDCHECKINFORMATIONSECURITY .APOLICY FINGERPRINT-BASEDAND CRIMINALHISTORYRECORDCHECKCONDUCTEDPURSUANTTOTHISSECTIONFEDERAL ISBUREAU FOROF CHILDINVESTIGATION'S PLACEMENTREQUIREMENTS ONLY.SURROUNDINGTHE HANDLING OFCRIMINALHISTORY RECORD CHECK INFORMATION.
APRIVATEA ENTITYFINGERPRINT-BASED ISCRIMINALHISTORYRECORD NEVERCHECKCONDUCTED AUTHORIZEDPURSUANTTOTHIS TORECEIVECRIMINALHISTORYRECORDCHECKINFORMATIONSECTION .INFORMATION REGARDING THE RESULT OF THE FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION ANDRELEASEDTOFACILITY ,AGENCY ,ORCOUNTYDEPARTMENTSTAFFNOT AUTHORIZEDTORECEIVE CRIMINALHISTORYRECORDCHECKINFORMATION MUST DISCLOSE ONLYWHETHERTHE APPLICANT IS ELIGIBLE OR INELIGIBLE, OR THAT THE INVESTIGATION IS INCONCLUSIV,WITH A FURTHER REQUEST FOR THECHILD APPLICANTPLACEMENT TOONLY. CONTACT THE STATE DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.
(b) A SPRIVATE AENTITY PRIVATEIS ENTITY,ANEVER CHILDAUTHORIZED PLACEMENTTORECEIVECRIMINALHISTORYRECORDCHECKINFORMATION.INFORMATION AGENCYREGARDING ISTHE NOTRESULT PAGEOF 4-HOUSETHE BILLFINGERPRINT-BASED 26-1298CRIMINAL HISTORY RECORD CHECK RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO FACILITY, AGENCY, OR COUNTY DEPARTMENT STAFFNOT AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD CHECK INFORMATION FROMMUST THEDISCLOSE FEDERALONLY BUREAUWHETHERTHE OFAPPLICANT IS ELIGIBLE OR INELIGIBLE, OR THAT THE INVESTIGATION .IS INCONCLUSIVE, WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.
(5.5)(b) PriorAS toA issuingPRIVATE aENTITY, certificateA orCHILD subsequentPLACEMENT certificatenAGENCY applicantIS toNOT operatePAGE a4-HOUSE kinshipBILL foster26-1298 careAUTHORIZED homeTO pursuantRECEIVE toCRIMINAL thisHISTORY partRECORD 9INFORMATION andFROM rulespromulgatedTHE ADOPTEDFEDERAL bythestateboard,acountydepartment,BUREAU STATEOF DEPARTMENTINVESTIGATION. ,orachildplacementagencyshallconductafingerprint-based criminalhistoryrecordcheckthroughtheColoradobureauof investigation pursuant to section 19-3-406 or 26-6-910.
The(5.5) Prior to issuing a certificate01 subsequent certificate to an applicant shallto pay,operate unlessa otherwisepaidbyacountydepartmentkinship ORACHILDPLACEMENTAGENCYfoster ,thecare costsassociatedwiththefingerprint-basedcriminalhistoryrecordchecktohome pursuant to this part 9 and rules ptomulgatcd ADOPTED by the state board, a county departmentSTATE DEPARTMENT, orachildplacementagencyshall conductafingerprint-based criminal history record checkthrough the Colorado bureau ofofinvestigation investigation.pursuant to section 19-3-406 or 26-6-910.
(6)The Aapplicant county department or a child placement agency licensed pursuant to this part 9 shall notpay, issueunless aotherwisepaidbyacounty certificatedepartment toORACHILD operate,PLACEMENTAGENCY' orthe acosts recertificationtooperate,afostercarehomeorkinshipfostercarehomeandassociated shallwith revoke or suspend a certificate if the applicantfingerprint-based forcriminal thehistory certificate,record acheckto person employed bythe applicant, or a person who resides at the facilityorColorado home:bureau ofinvestigation.
(a)(6) HasA beencounty convicteddepartment ofor anya ofchild theplacement crimesagency listedlicensed inpursuant subsectionto (5)(a)ofthissectionFORAFOSTERCAREHOMEthis ,ORHASBEENCONVICTEDOFpart ANY9 CRIMEshall LISTEDnot INissue SECTIONa 19-3-406certificate (5)to FORoperate, Aor KINSHIPa FOSTERrecertificationto CAREoperate, HOMEa ,asverifiedthroughafingerprint-basedcriminalhistoryrecordcheck,foster acarehomeorkinship name-basedfoster judicialcarehomeand recordshall check,revoke or suspend a certificate if necessary,the andapplicant for the certificate, a checkperson ofemployed by the ICONapplicant, systemor aperson who resides at the statefacility judicialor department;home:
(8)(a)(a) Theconvictionsidentifiedinsubsections(5)(a)and(6)(a)ofHas thisbeen section,NDconvicted of any of the crimes listed in subsection (5)(a) ofthis sectionFORAFOSTERCAREHOME,ORHAS BEEN CONVICTEDOF ANY CRIME LISTED IN SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE HOMEHOME, ,as mustverifiedthroughafingerprint-based becriminalhistoryrecordcheck, determined~ accordingname-basedjudicial torecord thecheck, recordsifnecessary, ofand thea Coloradocheck bureauofthe ofICON investigationorthefederalbureauofsystem investigationandtheICONsystematat the statestatejudicial judicialdepartment; department.
(8) (a) The screeningconvictions requestidentified in Coloradosubsections (5)(a) and (6)(a) of this section,AND IN SECTION 19-3-406 FOR A KINSHIP FOSTER CARE HOME, must be madedetermined pursuantaccording to sectionthe 19-1-307records (2)(k.5),of rulesthe promulgatedColorado bythebureau stateof boardinvestigation pursuantorthe tofederal sectionbureau 19-3-313.5,ofinvestigation and 42the U.S.C.ICON system at the state judicial department.
The screening request in Colorado must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C.
A certified copy ofofthe the judgment of a court of competentcompetentjurisdiction jurisdiction of the conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence ofofa a conviction or agreement.
(b) ThecountydepartmentorlicensedchildplacementagencyshallThe county department or licensed childplacement agency shall PAGE 5-HOUSE BILL 26-1298 not issue a certificate to operate a foster care homehor orakinship aroster kinship foster care home ifi f the state department or the countydepartmentcounty department has a certified court order from another state indicating that the person applying for the certificate:
(c) TTHE HE COUNTY DEPARTMENT OR LICENSED CHILD PLACEMENT AGENCY SHALL NOT ISSUE A CERTIFICATE TO OPERATE A KINSHIP FOSTER CARE HOME IF THE STATE DEPARTMENT OR COUNTY DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE PERSONPERSONAPPLYING APPLYINGFORTHE FORCERTIFICATE: THE CERTIFICATE :
Show all 76 changed lines (36 more)
(I) HHAS AS BEEN CONVICTED OF FELONY CHILD ABUSE OR ANY UNLAWFUL SEXUAL OFFENSEOFFENSEAGAINST AGAINST A CHILD UNDERUNDERA A LAW OF ANOTHER STATE OR THE UUNITED NITEDSTATES, STATES , THE ELEMENTS OF WHICH ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES DESCRIBED IN SECTION 19-3-406 (5);OR (II) HHAS AS ENTERED INTO A DEFERRED JUDGMENT OR DEFERRED PROSECUTIONPROSECUTIONAGREEMENT AGREEMENT IN ANOTHER STATE AS TOTOFELONY FELONY CHILD ABUSE ORORANY ANY SEXUAL OFFENSE AGAINST A CHILDCHILD, ,THETHE ELEMENTS OF WHICH ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES DESCRIBED IN SECTION 19-3-406 (5).
In Colorado Revised Statutes, 26-6-912, amend (1)(a)(I)(A),(l)(a)(I)(A), (1)(a)(I)(B),(l)(a)(I)(B), (1)(c)(I)(l)(c)(I) introductory portion, and (1)(c)(I)(A);(l)(c)(I)(A);
and repeal (1)(e)(l)(e) as follows:
(1)(1)(a) (a) (I) (A) The state department shall investigate and pass on eachapplicationforissuanceofeach alicense,each application for aissuance permanento fa license, each application for apermanent or time-limited license following the issuance ofo f a probationary or provisionallicense,andeachapplicationforrenewalofalicensetooperateprovisional license, and each application for renewal o falicense to operate a facility or an agency prior to granting the license or renewal.
As part ofo f the investigation, the state department shall require each individual, including but not limited toetthe applicant,applicant,an an owner, an employee, a newly hired employee, a licensee, and an adult who is eighteen years ofoageOLD age or older and resides in the licensed facility, to obtain a fingerprint-based criminal historyrecordhistory record check byreviewingby anyrecordreviewing any record that is used to assist PAGE 6-HOUSE BILL 26-1298 the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-905 (8), SECTION 19-3-406 (5) REGARDING KINSHIP FOSTER CARE HOMESCERTIFIEDPURSUANTTOSECTIONHOMESCERTIFIEDPURSUANTTOSECTION26-6-910, 26-6-910,oranyotherfelony.Toranyotherfelony. HE C OLORADOBUREAUOFINVESTIGATIONSHALLSENDRECORDSOBTAINEDAS ARESULTOFAFINGERPRINT -BASEDCRIMINALHISTORYRECORDCHECKONLY TO THE STATE DEPARTMENT , AND THE USE AND HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY .
NFORMATION REGARDING THE RESULTCOLORADOBUREAUOFINVESTIGATIONSHALLSENDRECORDSOBTAINEDAS OFARESULTOFAFINGERPRINT-BASEDCRIMINALHISTORYRECORDCHECKONLY TO THE FINGERPRINTSTATE -BASEDDEPARTMENT, CRIMINALAND HISTORY RECORD CHECK RECEIVEDFROMTHEFEDERALBUREAUOFINVESTIGATIONANDRELEASEDTO A FACILITY OR AN AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANTUSE ISAND ELIGIBLEHANDLING OROF INELIGIBLE OR THAT THE INVESTIGATIONINFORMATION ISMUST INCONCLUSIVECOMPLY , WITH A FURTHER REQUEST FOR THE APPLICANTFEDERAL TOCRIMINAL CONTACTJUSTICE THEINFORMATIONSERVICESSECURITYPOLICY. STATE DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS .
TheINFORMATIONREGARDINGTHE stateRESULT boardOF shallTHE promulgateADOPTFINGERPRINT-BASED rulesCRIMINAL thatHISTORY defineRECORD andCHECK identifyRECEIVEDFROMTHEFEDERALBUREAUOFINVESTIGATIONANDRELEASEDTO whatAFACILITYORANAGENCYMUSTDISCLOSEONLYWHETHERTHEAPPLICANT theISELIGIBLEORINELIGIBLEORTHATTHEINVESTIGATIONISINCONCLUSIVE, criminalWITH historyA recordFURTHER checkREQUEST entails.FORTHE APPLICANT TO CONTACT THE STATE DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.
(B)The Rules promulgated ADOPTED bythe state board pursuantshall topromulgate thisADOPT subsectionrules (1)(a)(I)that mustdefine requireand theidentify fingerprint-basedwhat criminalthe history record check in all circumstances, other than those identified in subsection (1)(a)(I)(C) of this section, to include a fingerprint-based criminal history record check usingentails. the records of the Colorado bureau of investigation and the federal bureau of investigation and to apply to any new owner,ew applicant, newly hired employee, new licensee, or individual who begins residinginthelicensedfacility.Aspartoftheinvestigation,therecordsand reports of child abuse or neglect maintained by the state department must be accessed to determine whether the owner,applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of childabuseorneglect.Informationismadeavailablepursuanttosection 19-1-307(2)(j)andrulespromulgated ADOPTED bythestateboardpursuant to section 19-3-313.5 (4).
Except(B) asRules providedpromulgated inADOPTEDby subsectionthe (1)(a)(I)(C)state ofboardpursuant to this section,subsection any(l)(a)(I) changemust require the fingerprint-based criminal history record check in ownershipall ofcircumstances, aotherthan licensedthose facilityidentified orin agencysubsection or(l)(a)(l)(C) additionofthis ofsection, to include a newfingerprint-based residentcriminal adulthistory orrecord newlycheck hiredusing employeethe torecords ofthe Colorado bureau ofinvestigation and the licensedfederal facilitybureau requiresof ainvestigation and to apply to any new investigationowner, asnew providedapplicant, innewly thishired section.employee, new licensee, or individual who begins residing inthe licensed facility.
(c)(I)As Forallapplicantsapplyingtobeafostercarehomeorkinshippartofthe fosterinvestigation, carethe home,records regardlessand ofreports reimbursement,ofchild abuse or neglect maintained by the countystate department ormust childplacementagencyshallrequireeachadultwhoiseighteenyearsofagebe PAGEaccessed 7-HOUSEto BILLdetermine 26-1298whether OLDthe orowner, olderapplicant, andemployee, newly hired employee, licensee, or individual who resides in the homelicensed tofacility obtainbeing ainvestigated fingerprint-basedhas criminalhistoryrecordcheckthroughtheColoradobureauofinvestigationbeen andfound theto federalbe bureauresponsible ofin investigation.a confirmed report ofchild abuse orneglect.
TheInformation applicantismade mustavailablepursuant provideto thesection countydepartment19-1-307 or(2)(i) child placement agencywiththeaddresses where the applicant and anyrules adultpromulgatedADOPTEDbythe residingstate inboardpursuant theto homesection have19-3-313.5 lived(4). in the preceding fiveyears,includingaddressesfromotherstates.Thecountydepartmentor thechildplacementagencyshallconductthefollowingbackgroundchecks of the applicant or an adult residing in the home:
(A)Except Aas fingerprint-basedprovided criminalin historyrecordsubsection check(l)(a)(l)(C) toof determinethis ifsection, theany applicantchange orin adultownership residingof ina thelicensed homefacility hasor beenagency convictedor ofaddition any of thea crimesnew listedresident inadult sectionor 26-6-910newly (5)(a)FORhired Aemployee FOSTERto CAREthe HOMElicensed ORfacility SECTIONrequires 19-3-406a (5)new FORinvestigation Aas KINSHIPprovided FOSTERin CAREthis HOMEsection. ;
(e)(c) Notwithstanding(I) anyprovisionForall ofapplicants thisapplyingto partbe 9a tofoster thecare contrary,home orkinship foster care home, regardless ofreimbursement, the statecounty department mayor enterchildplacementagencyshallrequireeachadultwho intoiseighteenyears anofage interagencyPAGE agreement7-HOUSE BILL 26-1298 OLD or older and who resides in the home to obtain a memorandumfingerprint-based ofcriminal understanding,history orrecord both,checkthrough asthe necessaryColorado tobureau completeofinvestigation and the criminalhistoryrecordchecksandotherbackgroundchecksrequiredinthisfederal section.bureau of investigation.
The applicant must provide the county department or childplacement agency with the addresses where the applicant and any adult residing in the home have lived in the preceding five years, including addresses from otherstates.
The county department or the childplacementagency shall conductthe following background checks ofthe applicant or an adult residing in the home:
(A) A fingerprint-based criminal history record check to determine ifthe applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-910 (5)(a)FOR A FOSTER CARE HOME OR SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE HOME;
(e) Notwithstanding any pmvision ofthis part 9 to the contrary, the state department niay enter into an interageney agrcement 01 a memorandum of understanding, 01 both, as necessary to complete the eriminalhistory Ieeo1dcheeks andother backg1oundcheeks Iequited inthis section.
In Colorado Revised Statutes, 26-6-905, amend (1)(b),(l)(b), (8)(a)(I) introductory portion, (8)(b), and (10) as follows:
(1) (b) A person operating a foster care home or kinship foster care homeisnotrequiredtoobtainalicensefromthestatedepartmenttooperatehome is notrequiredto obtain a license from the state departmentto operate the foster care home or kinship foster care home if the person holds a certificate issued pursuant to section 26-6-910 to operate the home from a county department or a child placement agency licensed under PURSUANT TO the provisions ofofthis this part 9.
A certificate is considered a license for the purpose ofofthis this part 9, including, but not limited, to the investigation and criminal history background checks required under PURSUANT TO sections 19-3-406, 26-6-910, and 26-6-912.
(8) (a) (I) The state department shall not issue a license to operate aresidentialordaytreatmentchildcarefacilityorachildplacementagency,aresidential ordaytreatmentchildcare facility orachildplacementagency, and any license or certificate issued prior to August 7, 2006, is revoked or suspended if the applicant for the license or certificate, an affiliate of the PAGE 8-HOUSE BILL 26-1298 applicant,apersonemployedbytheapplicant,orapersonwhoresideswithapplicant, aperson employedbythe applicant, orapersonwho resides with the applicant atatthe thefacility facilityhashas been convicted ofOFFENSEofANYOFFENSEDESCRIBED DESCRIBED IN SECTION 19-3-406 (5)OR(5)OR: :
(b) (I) The department shall determine the convictions identified in subsection(8)(a)ofthissectionORSECTIONsubsection 19-3-406(8)(a) FORAKINSHIPFOSTERofthis sectionORSECTION19-3-406FORAKINSHIPFOSTER CARE HOME according to the records of the Colorado bureau of investigation,theICONsystematthestatejudicialdepartment,oranyotherinvestigation, the ICONsystematthe statejudicialdepartment, orany other source, as set forth in section 26-6-912 (1)(a)(II).(l)(a)(II).
A certified copy ofofthe the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferreddefen·ed adjudication agreement is prima facie evidence ofofthe the conviction or agreement.
(II) A license or certificate to operate a residential or daytreatmentday treatment child care facility, foster care home, or childchildplacement placementagency agencyshallshall not be issued ififthe the state department has a certified court order from another state indicating that the person applying for the license or certificate has been convicted of child abuse or any unlawful sexual offense against a child under a law ofofany any other state or the United States or the state department hasacertifiedcourtorderfromanotherstatethatthepersonapplyingforthehas acertifiedcourtorderfrom anotherstatethatthepersonapplyingforthe license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child.
(III)(Ill) AICENSEORCERTIFICATETOOPERATEAKINSHIPFOSTERCAREALICENSEORCERTIFICATETOOPERATEAKINSHIPFOSTERCARE HOMEHOMESHALLNOTBEISSUEDIFTHESTATE SHALLDEPARTMENTHASACERTIFIED NOT BE ISSUED IF THE STATE DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE PERSON APPLYING FOR THE LICENSE OR CERTIFICATE HAS BEEN CONVICTED OF FELONYCHILDABUSEORANYUNLAWFULSEXUALOFFENSEAGAINSTACHILD UNDERUNDERALAWOFANYOTHERSTATEORTHEUNITEDSTATESORTHESTATE ADEPARTMENTHASACERTIFIEDCOURTORDERFROMANOTHERSTATETHAT LAW OF ANY OTHER STATE OR THE U NITED STATES OR THE STATE DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER STATE THAT THEPERSONAPPLYINGFORTHELICENSEORCERTIFICATEHASENTEREDINTO A DEFERRED JUDGMENT OR A DEFERRED PROSECUTION AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE OR ANY OTHER SEXUAL OFFENSE AGAINST A CHILDCHILD. .
(10) The state department shall not issue a license to operate a residential or day treatment child care facility, foster care home,IPhome, FOSTERKINSHIP CAREFOSTERCAREHOME, HOME , or child placement agency ififthe the person applying for PAGE 9-HOUSE BILL 26-1298 the license or an affiliate of the applicant, a person employed by the applicant,orapersonwhoresideswiththeapplicantatthefacilityhasbeenapplicant, orapersonwho resides with the applicant atthe facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, ififthe the court enters, pursuant to part 3 ororpart part 4 ofofarticle article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically findingthatthementalincompetencyorinsanityisofsuchadegreethatthefinding thatthe mental incompetency or insanity is ofsuch a degree thatthe applicant is incapable ofofoperating operating a residential or daytreatmentday treatment child care facility, foster care home,INSHIPhome,KINSHIP FOSTER CARE HOMEHOME, , or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.
Appropriation.(1)Appropriation. Forthe2026-27statefiscalyear, thegeneralassemblyanticipatesthatthedepartmentofhumanserviceswill receive $350,000 in federal funds to implement this act.
( 1) Forthe 2026-27 state fiscal year, the general assembly anticipates thatthe departmentofhuman services will receive $350,000 in federal funds to implement this act.
(2) Forthe2026-27statefiscalyear,$350,000isappropriatedtotheForthe officeof2026-27 thegovernorforusebythestate officeoffiscal informationtechnology.Thisyear, appropriationisfromreappropriatedfundsreceivedfromthedepartmentof$350,000 humanservicesundersection(1)is ofappropriated thisto section.the office ofthe governor for use by the office ofinformation technology.
ToThis implementappropriation thisis act,from thereappropriated officefunds mayreceived usefrom thisthe appropriationdepartmentof tohuman provide information technology services forunder thesection department(1) ofofthis humansection. services.
To implement this act, the office may use this appropriation to provide information technology services for the department ofhuman services.
The general assembly finds, determines, and declares that this act is necessary for the immediate preservation ofofthe the public peace, health, or safety or for appropriations for PAGE 10-HOUSEIO-HOUSE BILL 26-1298 the support and maintenance of the departments of the state and state institutions.
____________________________J ____________________________u Juliel 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 (Date'9 andT Time)b _________________________________________~ JaredU S..\.J j\,\,\.(.
Polis< GOVERNOR. OF THE STATE OF COLORADO PAGE 11-HOUSE BILL 26-1298
P ~o...\"'2,'."?or~ (Date and Time) OF COLORADO PAGE II-HOUSE BILL 26-1298
Show all 76 changed rows (36 more)
View plain text versions (7)
Action History
-
Governor Signed
-
Signed by the Speaker of the House
-
Signed by the President of the Senate
-
Sent to the Governor
-
Senate Third Reading Passed - No Amendments
-
Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
-
Senate Second Reading Special Order - Passed - No Amendments
-
Senate Committee on Health & Human Services Refer Unamended to Appropriations
-
Introduced In Senate - Assigned to Health & Human Services
-
House Third Reading Passed - No Amendments
-
House Third Reading Laid Over Daily - No Amendments
-
House Committee on Appropriations Refer Amended to House Committee of the Whole
-
House Second Reading Special Order - Passed with Amendments - Committee, Floor
-
House Committee on Health & Human Services Refer Amended to Appropriations
-
Introduced In House - Assigned to Health & Human Services
Sponsors
- K. Wallace · Cosponsor
- M. Snyder · Cosponsor
- R. Rodriguez · Cosponsor
- J. Marchman · Cosponsor
- W. Lindstedt · Cosponsor
- C. Kolker · Cosponsor
- C. Kipp · Cosponsor
- I. Jodeh · Cosponsor
- J. Gonzales · Cosponsor
- T. Exum · Cosponsor
- J. Danielson · Cosponsor
- J. Coleman · Cosponsor
- Naquetta Ricks · Cosponsor
- Manny Rutinel · Cosponsor
- L. Cutter · Primary
- Rebecca Keltie · Primary
- Gretchen Rydin · Primary
- Andrew Boesenecker · Cosponsor
- Sean Camacho · Cosponsor
- Monica Duran · Cosponsor
- Ava Flanell · Cosponsor
- Lindsay Gilchrist · Cosponsor
- Ryan Gonzalez · Cosponsor
- Junie Joseph · Cosponsor
- Sheila Lieder · Cosponsor
- Mandy Lindsay · Cosponsor
- Kenny Nguyen · Cosponsor
- Chris Richardson · Cosponsor
- Chad Clifford · Cosponsor
- Jamie Jackson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 27 co-sponsors · 71 not signed on
Sponsors (3)
- L. Cutter
- Rebecca Keltie Republican
- Gretchen Rydin Democrat
Co-sponsors (27)
- K. Wallace
- M. Snyder
- R. Rodriguez
- J. Marchman
- W. Lindstedt
- C. Kolker
- C. Kipp
- I. Jodeh
- J. Gonzales
- T. Exum
- J. Danielson
- J. Coleman
- Naquetta Ricks Democrat
- Manny Rutinel Democrat
- Andrew Boesenecker Democrat
- Sean Camacho Democrat
- Monica Duran Democrat
- Ava Flanell Republican
- Lindsay Gilchrist Democrat
- Ryan Gonzalez Republican
- Junie Joseph Democrat
- Sheila Lieder Democrat
- Mandy Lindsay Democrat
- Kenny Nguyen Democrat
- Chris Richardson Republican
- Chad Clifford Democrat
- Jamie Jackson Democrat
Not signed on (71)
71 members have not signed on to this bill.
Show all 71 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 0 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Gonzales J. | — | Yea |
| Pelton B. | — | Yea |
| Pelton R. | — | Yea |
| President | — | Yea |
| Adrienne Benavidez | — | Yea |
| Cathy Kipp | Democrat | Yea |
| Chris Kolker | Democrat | Yea |
| Dylan Roberts | Democrat | Yea |
| Iman Jodeh | Democrat | Yea |
| James Coleman | Democrat | Yea |
| Janice Marchman | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Jessie Danielson | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Katie Wallace | Democrat | Yea |
| Kyle Mullica | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Marc Snyder | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Mike Weissman | Democrat | Yea |
| Nick Hinrichsen | Democrat | Yea |
| Robert Rodriguez | Democrat | Yea |
| Tom Sullivan | Democrat | Yea |
| Tony Exum | Democrat | Yea |
| William Lindstedt | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Janice Rich | Republican | Yea |
| John Carson | Republican | Yea |
| Larry Liston | Republican | Yea |
| Lisa Frizell | Republican | Yea |
| Lynda Zamora Wilson | Republican | Yea |
| Marc Catlin | Republican | Yea |
| Mark Baisley | Republican | Yea |
| Scott Bright | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Chris Kolker | Democrat | Yea |
| Jeff Bridges | Democrat | Yea |
| Judy Amabile | Democrat | Yea |
| Julie Gonzales | Democrat | Yea |
| Barbara Kirkmeyer | Republican | Yea |
| Byron Pelton | Republican | Yea |
| Cleave Simpson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Iman Jodeh | Democrat | Yea |
| Lindsey Daugherty | Democrat | Yea |
| Lisa Cutter | Democrat | Yea |
| Matt Ball | Democrat | Yea |
| Tony Exum | Democrat | Not Voting |
| Janice Rich | Republican | Yea |
| Mark Baisley | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Andrew Boesenecker | Democrat | Yea |
| Brianna Titone | Democrat | Yea |
| Elizabeth Velasco | Democrat | Yea |
| Emily Sirota | Democrat | Yea |
| Junie Joseph | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Kyle Brown | Democrat | Yea |
| Yara Zokaie | Democrat | Yea |
| Matt Soper | Republican | Yea |
| Rick Taggart | Republican | Yea |
| Scott Bottoms | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 8 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eliza Hamrick | Democrat | Yea |
| Gretchen Rydin | Democrat | Yea |
| Karen McCormick | Democrat | Yea |
| Katie Stewart | Democrat | Yea |
| Lindsay Gilchrist | Democrat | Yea |
| Lisa Feret | Democrat | Yea |
| Regina English | Democrat | Yea |
| Sheila Lieder | Democrat | Yea |
| Brandi Bradley | Republican | Yea |
| Carlos Barron | Republican | Yea |
| Dan Woog | Republican | Yea |
| Dusty Johnson | Republican | Yea |
| Mary Bradfield | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1298 do?
- The act gives county departments of human or social services and the Colorado department of human services (department) the statutory authority needed to conduct the required fingerprint-based criminal history record checks for individuals who provide out-of-home care for child-welfare-involved youth in accordance with the federal bureau of investigation's standards. For the 2026-27 state fiscal year, the general assembly anticipates that the department will receive $350,000 in federal funds to implement the act, and $350,000 is appropriated to the office of the governor for use by the office of information technology to implement the act. The $350,000 appropriation is from reappropriated funds received from the department.(Note: This summary applies to this bill as enacted.)
- Who sponsors HB 1298?
- HB 1298 is sponsored by K. Wallace, M. Snyder, R. Rodriguez, J. Marchman, W. Lindstedt, C. Kolker, C. Kipp, I. Jodeh, J. Gonzales, T. Exum, J. Danielson, J. Coleman, Naquetta Ricks (Democrat), Manny Rutinel (Democrat), L. Cutter, Rebecca Keltie (Republican), Gretchen Rydin (Democrat), Andrew Boesenecker (Democrat), Sean Camacho (Democrat), Monica Duran (Democrat), Ava Flanell (Republican), Lindsay Gilchrist (Democrat), Ryan Gonzalez (Republican), Junie Joseph (Democrat), Sheila Lieder (Democrat), Mandy Lindsay (Democrat), Kenny Nguyen (Democrat), Chris Richardson (Republican), Chad Clifford (Democrat), and Jamie Jackson (Democrat).
- What is the current status of HB 1298?
- This bill has been enacted into law. Introduced February 25, 2026. Enacted.
- Where can I track HB 1298?
- Track HB 1298 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 1298
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 1298
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →