HB 1024 — Raising Age of Voluntary Relinquishment of Child

SecondHOUSE RegularBILL Session26-1024 Seventy-fifthBY GeneralREPRESENTATIVE(S) AssemblyKeltie STATEand OFRydin, COLORADOBarron, REREVISEDBottoms, ThisBradley, VersionBrooks, IncludesCaldwell, AllCamacho, AmendmentsDeGraaf, AdoptedDuran, inEnglish, theFeret, SecondFlanell, HouseGarcia LLSSander, NO.Gonzalez R., Lieder, Lindsay, Luck, Richardson, Slaugh, Suckla, Weinberg;

26-0084.01also ShelbySENATOR(S) RossFrizell x4510and HOUSEMarchman, BILLCarson, 26-1024Cutter, HOUSEExum, SPONSORSHIPGonzales KeltieandRydin,J., Barron,Bottoms,Bradley,Brooks,Caldwell,Camacho,DeGraaf,Duran,Hinrichsen, English,Jodeh, Feret, Flanell, Garcia Sander, Gonzalez R., Lieder, Lindsay, Luck, Richardson, Slaugh, Suckla, Weinberg SENATE SPONSORSHIP Frizell and Marchman, Carson,Coleman,Cutter,Exum,GonzalesJ.,Hinrichsen,Jodeh, Kipp, Mullica, Pelton R., Zamora WilsonWilson, eColeman. n e 6 E a 0 A U , N g l S d ip House Committees Senate Committees e A Health & Human Services Health & Human Services R r e A BILL FOR AN ACT n 6 m 0 C ONCERNING RAISING THE AGE OF A CHILD WHO MAY BE T n , N U 3 VOLUNTARILYRELINQUISHEDFROMSEVENTY -TWOHOURSOLD E i c S a a TO THIRTY DAYS OLD OR YOUNGER .

RC MONCERNING nRAISING BillTHE SummaryAGE eOF (Note:A CHILD WHO MAY BE VOLUNTARILY RELINQUISHEDFROMSEVENTY -TWOHOURSOLDTOTHIRTYDAYSOLD OR YOUNGER .

ThisBe summaryit appliesenacted toby this bill as introduced and does n 2 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 2 E n 6 passes third reading in the houseGeneral Assembly of introduction, a bill summary that U U 2 applies to the reengrossedState version of thisColorado: bill will be available at O i a H a r http://leg.colorado.gov.) R e r F Under current law, a parent can voluntarily relinquish their child to a firefighter or hospital or community clinic emergency center staff member if the child is less than 72 hours old.

The bill allows a parent to g 6 voluntarily relinquish their child if the child is 30 days old or younger.

d 0 E e , S R 2 U d r H 2 u Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

e b Capital letters or bold & italic numbers indicate new material to be added to existing law.n F Dashes through the words or numbers indicate deletions from existing law.

e A Be it enacted by the General Assembly of the State of Colorado:

Emergency possession of certain relinquished children -rules- rules - legislative declaration - definitions.

(1) If aaparentvoluntarilydeliversachildtoafirefighter,asdefined parent voluntarily delivers a child to a firefighter, as defined in section 18-3-201 (1.5), or a staff member who engagesengagesinthe inadmission, the________ admission,care,ortreatmentofpatientsatahospitalorcommunityclinicCapital emergencyletters center, as defined in subsection (9) of this section, when the firefighter is at a fire station or thebold staff& memberitalic isnumbers atindicate anew hospitalmaterial oradded communityto clinicexisting emergencylaw; center, as defined in subsection (9) of this section, the firefighter or staff member of the hospital or community clinic emergency center shall, without a court order, take temporary physical custody of the child if:

(a)dashes Thethrough childwords isor seventy-twonumbers hoursRTYindicate DAYSdeletions oldfrom orexisting younger;law and such material is not part of the act.

andcare, (5.5)or THESTATEDEPARTMENTSHALLADOPTRULESESTABLISHINGtreatment Aof PROCESSpatients FORat EITHERa PARENThospital OFor Acommunity CHILDclinic WHOemergency WAScenter, SURRENDEREDas PURSUANTdefined TOin THISsubsection SECTION(9) TOof REUNIFYthis WITHsection, THEwhen CHILD.the firefighter is at a fire station or the staff member is at a hospital or community clinic emergencycenter,asdefinedinsubsection(9)ofthissection,thefirefighter orstaffmemberofthehospitalorcommunityclinicemergencycentershall, without a court order, take temporary physical custody of the child if:

(a) Thechildisseventy-twohours THIRTYDAYS oldoryounger;and (5.5) THE STATE DEPARTMENT SHALL ADOPT RULES ESTABLISHING A PROCESS FOR EITHER PARENT OF A CHILD WHO WAS SURRENDERED PURSUANT TO THIS SECTION 2.TO REUNIFY WITH THE CHILD .

InSECTION2. Colorado Revised Statutes, 18-6-401, amend (9)(a) as follows:

InColoradoRevisedStatutes,18-6-401,amend(9)(a) as follows:

(9) (a) If a parent is charged with permitting a child to be unreasonablyunreasonablyplaced placed in a situation that poses a threat of injuryinjuryto to the child's lifelifeorhealth,pursuanttosubsection(1)(a)ofthissection,andthechildwas or health, pursuant tosubsection(1)(a)of this section, and the child was seventy-two hoursHIRTYhours THIRTY DAYS old or younger at the time of -2- 1024 the alleged offense, it is an affirmative defense to the charge that the parent safely, reasonably,reasonably,andknowinglyhandedthechildovertoafirefighter,asdefined andin knowinglysection handed18-3-201 the(1.5), childor over to a firefighter,asdefinedinsection18-3-201(1.5),ortoastaffmemberwhostaff member who engages in the admission, care, or treatment of patients at a hospital or community clinic emergencyemergencycenter, center, as defined in subsection (9)(b) of this section, when the firefighter is at a fire station, or the staff member is at a hospital or communitycommunityclinic clinicemergencycenter, emergency center, as defined in subsection (9)(b) of this section.

SECTIONSECTION3. 3.

InInColoradoRevisedStatutes,22-1-128,amend(6)(j) Colorado Revised Statutes, 22-1-128, amend (6)(j) as follows:

However, if a school district, board of cooperative services, charter school, or institute charterschooloffershumansexualityinstruction,theinstructionmustbecharter school offers human sexuality instruction, the instruction must be PAGE 2-HOUSE BILL 26-1024 comprehensive and meet the comprehensive human sexuality education content requirements.

(j) Provide age-appropriate information concerning sections 18-6-401(9)and19-3-304.5,oranysuccessorlaws,referredtogenerally18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighterfirefighteratafirestationortoastaff atmemberatahospitaloracommunity a fire station or to a staff member at a hospital or a community clinic emergencyemergencycenter center within the first seventy-two hours THIRTYTHIRTYDAYS DAYS of the child's life.

-3- 1024 As used in this article 25, unless the context otherwise requires:

(3) "Comprehensive health education" means a planned,planned,sequential sequential health program of learning experiences in preschool, kindergarten, and grades one throughtwelvethatmustinclude,butisnotthrough twelve that must include, but is not limited to, the following topics:

(n) If not included in other curricula or programs provided to students,students,age-appropriateinformationconcerningsections18-6-401(9)and age-appropriate information concerning sections 18-6-401 (9) and 19-3-304.5, or any successor laws, referred to generally as "safe haven laws", relating to the safe abandonment of a child to a firefighter at a fire station, or to a staff member at a hospital or a communitycommunityclinic clinicemergency emergencycenter,center, within the first seventy-twohoursRTYDAYSseventy-two hoursTHIRTY DAYS of the child's life.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(Augustninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate 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 approvedPAGE by3-HOUSE theBILL people26-1024 atapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-4-____________________________ 1024____________________________ Julie McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik 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 4-HOUSE BILL 26-1024