Struck = removed from the bill ยท
added = the amendment's new text.
FirstHB1219_S_JUD.001 RegularNOT SessionAMENDED Seventy-secondSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes15, All2019 AmendmentsChair Adoptedof inCommittee theDate HouseCommittee ofon IntroductionJudiciary. LLS NO.
19-0933.01After Michaelconsideration Dohron x4347the HOUSEmerits, BILLthe 19-1219Committee HOUSErecommends SPONSORSHIPthe Gonzales-Gutierrez,following: Becker, Beckman, Bird, Buckner, Buentello, Caraveo, Coleman, Cutter,Duran,Esgar,Exum,Froelich,Galindo,Gray,Herod,Hooton,Jackson,JaquezLewis, Kennedy,Kipp,Lontine,McCluskie,McKean,McLachlan,MichaelsonJenet,Singer,Sirota, Snyder, Soper, Sullivan, Tipper, Titone, Valdez A., Weissman SENATE SPONSORSHIP Crowder, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING MODERNIZATION OF THE PERMANENCY HEARING STATUTES .
BillHB19-1219 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar.
This** summary*** applies** to*** this** bill*HB1219_S_JUD.001* as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n 9 passes third reading in the house of introduction, a bill summary that m 0 applies to the reengrossed version of this bill will be available at E n , U U 2 http://leg.colorado.gov.) O i h H a a Thebillrepealsandreenactstheprovisionsrelatedtochildwelfare R M r permanency hearings to reorganize the statutes and use consistent 3 terminologyrelatedtopermanencyhearings.Thebillclarifiestheburden of proof at permanency hearings.
The bill includes recent federal law changes.
i 9 a 0 E e , U d 2 O 2 h Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.M Dashes through the words indicate deletions from existing statute.
e A Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
InColoradoRevisedStatutes,repealandreenact, with amendments, 19-3-702 as follows:
19-3-702.
Permanency hearing.
(1) (a) IORDER TO PROVIDE STABLE PERMANENTHOMESFOREVERYCHILDORYOUTHPLACEDOUTOF THE HOME ,IN AS SHORT A TIME AS POSSI,A COURT SHALL CONDUCT A PERMANENCY PLANNING HEARING .
THE COURT SHALL HOLD THE PERMANENCY PLANNING HEARING AS SOON AS POSSIBLE FOLLOWING THE INITIAL DISPOSITIONAL HEARING PURSUANT TO THIS ARTIC3;EXCEPT THAT THE PERMANENCY PLANNING HEARING MUST BE HELD NO LATER THAN NINETY DAYS AFTER THE INITIAL DECREE OF DISPOSITI.
AFTER THE INITIAL PERMANENCY PLANNING HEARING,THE COURT SHALL HOLD ADDITIONAL HEARINGS AT LEAST EVERY SIX MONTHS WHILE THE CASE REMAINS OPEN OR MORE OFTEN IN THE DISCRETION OF THE COURT,OR UPON THE MOTION OF ANY PARTY .
WHEN POSSIBLE,THE PERMANENCY PLANNINGHEARINGMUSTBECOMBINEDWITHTHEIN PERSONSIX -MONTH REVIEW AS PROVIDED FOR IN SECTION19-1-115 (4)(cOR SUBSECTION (6)(a)OF THIS SECTION.
THE COURT SHALL HOLD ALL PERMANENCY PLANNINGHEARINGSINPERSON ,PROVIDEPROPERNOTICETOALLPARTIES , AND PROVIDE ALL PARTIES THE OPPORTUNITY TO BE HEAR.
HE COURT SHALL CONSULT WITH THE CHILD OR YOUTH IN A DEVELOPMENTALLY APPROPRIATEMANNERREGARDINGTHECHILD SORYOUTH SPERMANENCY GOAL .
(b) I THE COURT FINDS THAT REASONABLE EFFORTS TO REUNIFY THE CHILD OR YOUTH AND THE PARENT ARE NOT REQUIRED PURSUANT TO SECTION 19-1-115 (7OR IF THERE IS A FINDING THAT NO APPROPRIATE -2- 1219 TREATMENT PLAN CAN BE DEVISED PURSUANT TO SECTION 19-3-508 (1)(d)(I),HE COURT SHALL HOLD A PERMANENCY PLANNING HEARING WITHIN THIRTY DAYS AFTER THE FINDING .
F THE COURT FINDS THAT REASONABLEEFFORTSTOREUNIFYTHECHILDORYOUTHANDTHEPARENT ARE NOT REQUIRED AND A MOTION FOR TERMINATION HAS BEEN FILED PURSUANT TO SECTION 19-3-602,THE PERMANENCY PLANNING HEARING ANDTHEHEARINGONTHEMOTIONFORTERMINATIONMAYBECOMBINED , AND THE COURT SHALL MAKE ALL DETERMINATIONS REQUIRED AT BOTH HEARINGS IN THE COMBINED HEARING.
(2) (a) WHEN THE COURT SCHEDULES A PERMANENCY PLANNING HEARING PURSUANT TO THIS SECTION, THE COURT OR DESIGNEE OF THE COURT SHALL PROMPTLY ISSUE A NOTICE STATING THE PURPOSE OF THE HEARING .
THE NOTICE MUST SET FORTH THE CONSTITUTIONAL AND STATUTORY RIGHTS OF THE CHILDS OR YOUTH S PARENTS OR GUARDIAN ANDTHESTATUTORYRIGHTSOFTHECHILDORYOUTH .THENOTICEOFTHE HEARING MUST COMPLY WITH THE REQUIREMENTS STATED IN SECTION 19-3-502(7)ANDMUSTBESENTTOPARENTSORGUARDIANS ,PLACEMENT PROVIDERS ,AND NAMED CHILDREN OR YOUTH .
(b) THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALLPROPOSE APERMANENCYPLANFOREACHCHILDORYOUTH ,WHICH PLANMUSTBECOMPLETEDANDSUBMITTEDTOTHECOURTINTHEFAMILY SERVICES PLAN NO LATER THAN FIVE DAYS IN ADVANCE OF THE PERMANENCY PLANNING HEARING .
(3) AT ANY PERMANENCY PLANNING HEARING ,THE COURT SHALL FIRST DETERMINE IF THE CHILD OR YOUTH SHOULD BE RETURNED TO THE CHILD'S OR YOUTH'S PARENT,NAMED GUARDIAN ,OR LEGAL CUSTODIAN AND ,IF APPLICABL,THE DATE ON WHICH THE CHILD OR YOUTH MUST BE -3- 1219 RETURNED .
F THE CHILD OR YOUTH CANNOT BE RETURNED HOME ,THE COURT SHALL ALSO DETERMINE WHETHER REASONABLE EFFORTS HAVE BEEN MADE TO FIND A SAFE AND STABLE PERMANENT HOME FOR THE CHILDORYOUTH .THECOURTSHALLNOTDELAYPERMANENCYPLANNING BY CONSIDERING THE PLACEMENT OF CHILDREN OR YOUTH TOGETHER AS ASIBLINGGROUP .A T ANY PERMANENCY PLANNING HEARING,THE COURT SHALL MAKE THE FOLLOWING DETERMINATIONS ,WHEN APPLICABLE:
(a) WHETHERPROCEDURALSAFEGUARDSTOPRESERVEPARENTAL RIGHTS HAVE BEEN APPLIED IN CONNECTION WITH ANY CHANGE IN THE CHILD'S OR YOUTH'S PLACEMENT OR ANY DETERMINATION AFFECTING PARENTAL VISITATION OF THE CHILD OR YOU;H (b) W HETHER REASONABLE EFFORTS HAVE BEEN MADE TO FINALIZE THE PERMANENCY GOAL;
(c) WHETHER ONGOING EFFORTS HAVE BEEN MADE TO IDENTIFY KIN AND RELATIVES THAT ARE AVAILABLE TO BE A PERMANENT PLACEMENT FOR THE CHILD OR YOUTH;
(d) WHEN THE CHILD OR YOUTH RESIDES IN A PLACEMENT OUT OF STATE, WHETHER THE OUT OF-STATE PLACEMENT CONTINUES TO BE APPROPRIATE AND IN THE BEST INTERESTS OF THE CHILD OR YO;TH (e) WHETHERACHILDORYOUTHWHOISFOURTEENYEARSOFAGE OR OLDER IS RECEIVING TRANSITION SERVICES TO SUCCESSFUL ADULTHOOD ,REGARDLESS OF HIS OR HER PERMANENCY GOA;AND (f) WHETHER THE CURRENT PLACEMENT OF THE CHILD OR YOUTH COULD BE A PERMANENT PLACEMENT ,IF NECESSARY.
(4) (a) I THE CHILD OR YOUTH CANNOT BE RETURNED TO THE PHYSICAL CUSTODY OF THE CHILD 'S OR YOUTH S PARENT OR LEGAL GUARDIAN ON THE DATE OF THE HEARINGTHE COURT SHALL ENTER ONE -4- 1219 OR MORE OF THE FOLLOWING PERMANENCY GOALS , OF WHICH SUBSECTIONS (4)(a)(TO (4)(a)(VOFTHISSECTIONMAYBEADOPTEDAS CONCURRENT GOALS PURSUANT TO SECTION 19-3-508 (7):
(I) RETURN HOME;
(II) AOPTION WITH A RELATIVE;
(III) PRMANENT PLACEMENT WITH A RELATIVE THROUGH LEGAL GUARDIANSHIP OR ALLOCATION OF PARENTAL RESPONSIBILITI;S (IV) ADOPTION WITH A NONRELATIVE;
(V) P ERMANENT PLACEMENT WITH A NONRELATIVE THROUGH LEGAL GUARDIANSHIP OR ALLOCATION OF PARENTAL RESPONSIBILITI;S (VI) (A) OTHER PLANNED PERMANENT LIVING ARRANGEMENTS EITHER THROUGH EMANCIPATION OR LONG TERM FOSTER CARE.
(B) O THER PLANNED PERMANENT LIVING ARRANGEMENTS MAY ONLY BE USED AS A PERMANENCY GOAL FOR CHILDREN OR YOUTH IN EXCEPTIONALCIRCUMSTANCESFORCHILDRENSIXTEENYEARSOFAGEOR OLDERWHOHAVECO -OCCURRINGCOMPLEXCONDITIONSTHATPRECLUDE THEIR RETURN HOME , THEIR ADOPTION OR LEGAL GUARDIANSHIP ,OR ALLOCATION OF PARENTAL RESPONSIBILITIES;OR FOR CHILDREN AND YOUTH WHO ARE IN THE UNACCOMPANIED REFUGEE MINOR PROGRAM , REGARDLESS OF THEIR AGE.
(C) O THER PLANNED PERMANENT LIVING ARRANGEMENTS MAY NOT BE USED AS A CONCURRENT GOAL.
(D) THE COURT SHALL ASK THE CHILD OR YOUTH ABOUT HIS OR HER DESIRED PERMANENCY OUTCOME WHEN CONSIDERING OTHER PLANNED PERMANENT LIVING ARRANGEMENTS .
(b) (I) THE DEPARTMENT SHALL DOCUMENT IN THE FAMILY SERVICES PLAN THE COMPELLING REASONS WHY IT IS NOT IN THE BEST -5- 1219 INTEREST OF THE CHILD OR YOUTH TO RETURN HOME , BE PLACED FOR ADOPTION ,BEPLACEDWITHALEGALGUARDIAN ORBEPLACEDWITHAFIT AND WILLING RELATIVE .
N ADDITION , THE DEPARTMENT SHALL DOCUMENT INTENSIVE ,ONGOING ,ANDUNSUCCESSFULEFFORTS MADE TO RETURN THE CHILD OR YOUTH HOME OR TO A SECURE PLACEMENT WITH A FIT AND WILLING RELATIVE ,INCLUDING ADULT SIBLINGS ;A LEGAL GUARDIAN ;OR AN ADOPTIVE PARENT,INCLUDING EFFORTS THAT UTILIZE SEARCHTECHNOLOGYTHATINCLUDESSOCIALMEDIATOFINDBIOLOGICAL FAMILY MEMBERS FOR THE CHILDREN OR YOUTH .
(II) TEDEPARTMENTSHALLDOCUMENTINTHEFAMILYSERVICES PLAN AND THE COURT SHALL REVIEW WHETHER THE CHILD 'S OR YOUTHS PLACEMENT IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD AND WHETHER THE CHILD OR YOUTH HAS REGULAR ,ONGOING OPPORTUNITIES TO ENGAGE IN AGE-APPROPRIATE ACTIVITIE.
(c) P RIOR TO CLOSING A CASE BEFORE A CHILD'S EIGHTEENTH BIRTHDAY ,THECOURTORTHECHILD 'SGUARDIANADLITEMSHALLNOTIFY THE CHILD THAT HE OR SHE WILL LOSE THE RIGHT TO RECEIVE MEDICAID UNTIL THE MAXIMUM AGE PROVIDED BY FEDERAL LAW IF THE CASE IS CLOSED PRIOR TO THE CHILDS EIGHTEENTH BIRTHDAY .
(d) EVERY CHILD WHO ISEIGHTEENYEARSOFAGE OR OLDER WHO ISLEAVINGFOSTERORKINSHIPCAREMUSTBEPROVIDEDWITHHISORHER BIRTH CERTIFICATE , SOCIAL SECURITY CARD , HEALTH INSURANCE INFORMATION , MEDICAL RECORDS , EITHER A DRIVERS LICENSE OR STATE ISSUED IDENTIFICATION CARD,AND PROOF OF FOSTER CARE.
(e) IF THE COURT FINDS THAT THERE IS NOT A SUBSTANTIAL PROBABILITYTHATTHECHILDORYOUTHWILLBERETURNEDTOAPARENT OR LEGAL GUARDIAN WITHIN SIX MONTHS AND THE CHILD OR YOUTH -6- 1219 APPEARS TO BE ADOPTABLE AND MEETS THE CRITERIA FOR ADOPTION IN SECTION 19-5-203THECOURTMAYORDERTHECOUNTYDEPARTMENTOF HUMAN OR SOCIAL SERVICES TO SHOW CAUSE WHY IT SHOULD NOT FILE A MOTION TO TERMINATE THE PARENT CHILD LEGAL RELATIONSHIP PURSUANTTOPART 6OFTHISARTICLE 3.CAUSEMAYINCLUDE ,BUTISNOT LIMITED TO,ANY OF THE FOLLOWING CONDITIONS:
(I) TE PARENT OR LEGAL GUARDIAN HAS MAINTAINED REGULAR PARENTING TIME AND CONTACT WITH THE CHILD OR YOUTH ,AND THE CHILDORYOUTHWOULDBENEFITFROMCONTINUINGTHISRELATIONSHIP ;
(II) ACHILDWHOISTWELVEYEARSOFAGE OROLDEROBJECTSTO TERMINATION OF THE PARENT-CHILD LEGAL RELATIONSHI;
(III) HE CHILD'S FOSTER PARENTS ARE UNABLE TO ADOPT THE CHILDBECAUSEOFEXCEPTIONALCIRCUMSTANCESTHATDONOTINCLUDE AN UNWILLINGNESS TO ACCEPT LEGAL RESPONSIBILITY FOR THE CHIL.
T HE FOSTERPARENTSMUST BE WILLINGANDCAPABLE OFPROVIDINGTHE CHILD WITH A STABLE AND PERMANENT ENVIRONMENT ,AND IT MUST BE SHOWN THAT REMOVAL OF THE CHILD FROM THE PHYSICAL CUSTODY OF HIS ORHERFOSTERPARENTS WOULDBESERIOUSLYDETRIMENTALTOTHE EMOTIONAL WELL -BEING OF THE CHIL;OR (IV) THE CRITERIA FOR TERMINATION IN SECTI19-3-604HAVE NOT YET BEEN MET.
(5) FOR A CHILD OR YOUTH IN A CASE DESIGNATED PURSUANT TO SECTION 19-1-123ONLY :
(a) A PERMANENT HOME IS THE PLACE IN WHICH THE CHILD OR YOUTH MAY RESIDE IF THE CHILD OR YOUTH IS UNABLE TO RETURN HOME TO A PARENT OR LEGAL GUARDIAN .
F THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT A PERMANENT HOME IS NOT -7- 1219 CURRENTLYAVAILABLEORTHATTHECHILD 'SORYOUTH 'SCURRENTNEEDS ORSITUATIONPROHIBITPLACEMENT ,THECOURTMUSTBESHOWNANDTHE COURT MUST FIND THAT REASONABLE EFFORTS ,AS DEFINED IN SECTION 19-1-103(89)WEREMADETOFINDTHECHILDORYOUTHANAPPROPRIATE PERMANENT HOME AND SUCH A HOME IS NOT CURRENTLY AVAILABLE OR THAT ACHILD SORYOUTH SNEEDSORSITUATIONPROHIBIT THE CHILDOR YOUTH FROM A SUCCESSFUL PLACEMENT IN A PERMANENT HOME .
(b) R EGARDLESS OF ANY PERMANENT HOME FINDINGS MADE PURSUANT TO THIS SECTIO,REASONABLE EFFORTS SHALL CONTINUE TO BE MADE TO RETURN THE CHILD OR YOUTH HOME UNLESSTHE COURT HAS PREVIOUSLY FOUND OR FINDS THAT REUNIFICATION IS NOT AN OPTION PURSUANT TO SECTION 19-1-115 (7).
NY FINDINGS BY THE COURT REGARDING A PERMANENT HOME SHALL NOT DELAY OR INTERFERE WITH REUNIFICATION OF A CHILD OR YOUTH WITH A PARENT OR LEGAL GUARDIAN .
(c) AT A PERMANENCY PLANNING HEARING THAT OCCURS IMMEDIATELY PRIOR TO TWELVE MONTHS AFTER THE ORIGINAL PLACEMENTOFTHECHILDORYOUTHOUTOFTHEHOME THECOURTSHALL MAKE A FINDING IDENTIFYING WHETHER THE CHILD OR YOUTH IS IN A PLACEMENT THAT CAN PROVIDE LEGAL PERMANENCY .
THE COURT MUST MAKE THIS FINDING TO ENSURE THAT A CHILD OR YOUTH WHO HAS BEEN REMOVED FROM HIS OR HER HOME IS PLACED IN A PERMANENT HOME AS EXPEDITIOUSLY AS POSSIBL.
(d) T HE COURT SHALL REVIEW THE CASE AT A PERMANENCY PLANNINGHEARINGATLEASTEVERYSIXMONTHSUNTILTHECOURTFINDS THAT THE CHILD OR YOUTH IS IN A PERMANENT HO.THE PERMANENCY PLANNINGHEARINGSSHALLCONTINUE ASLONGASTHECOURT ISUNABLE -8- 1219 TO FIND THAT THE CHILD OR YOUTH IS IN A PERMANENT HOM.
AT EACH HEARING ,THE COURT MUST BE PROVIDED EVIDENCE THAT A CHILD OR YOUTH IS IN A PERMANENT HOME OR THAT REASONABLE EFFORTS ,AS DEFINED IN SECTION19-1-103 (89)CONTINUE TO BE MADE TO FIND THE CHILD OR YOUTH AN APPROPRIATE PERMANENT HOME AND SUCH A HOME IS NOT CURRENTLY AVAILABLE OR THAT A CHILDS OR YOUTH'S NEEDS OR SITUATIONPROHIBITTHECHILDORYOUTHFROMSUCCESSFULPLACEMENT IN A PERMANENT HOME .
(e) ATEACHPERMANENCYPLANNINGHEARING ,THECASEWORKER AND THE CHILD S OR YOUTH'S GUARDIAN AD LITEM SHALL PROVIDE THE COURT WITH A WRITTEN OR VERBAL REPORT SPECIFYING WHAT EFFORTS HAVE BEEN MADE TO IDENTIFY A PERMANENT HOME FOR THE CHILD OR YOUTH AND WHAT SERVICES HAVE BEEN PROVIDED TO THE CHILD OR YOUTH TO FACILITATE IDENTIFICATION OF A PERMANENT HOME.
(f) IN DETERMINING WHETHER A CHILD OR YOUTH IS IN A PERMANENT HOME ,THE COURT SHALL CONSIDER PLACEMENT OF THE CHILDREN OR YOUTH TOGETHER AS A SIBLING GROUP PURSUANT TO SECTION 19-3-213.
(6) FAPLACEMENTCHANGEISCONTESTEDBYANAMEDPARTYOR CHILD OR YOUTH AND THE CHILD OR YOUTH IS NOT REUNIFYING WITH A PARENTORLEGALGUARDIAN ,THECOURTSHALLCONSIDERALLPERTINENT INFORMATION ,INCLUDING THE CHILDS OR YOUTH S WISHES,RELATED TO MODIFYINGTHEPLACEMENTOFTHECHILDORYOUTHPRIORTOREMOVING THE CHILD OR YOUTH FROM HIS OR HER PLACEMENT,AND INCLUDING THE FOLLOWING :
(a) AN INDIVIDUALIZED ASSESSMENT OF THE CHIL'S OR YOUTHS NEEDS CREATED PURSUANT TO T ITLEIV-E OF THE FEDERAL "SOCIAL -9- 1219 S ECURITY ACT", AS AMENDED , AND REGULATIONS PROMULGATED THEREUNDER ,AS AMENDED ;
(b) WHETHER THE CHILD S OR YOUTH S PLACEMENT AT THE TIME OFTHE HEARING IS ASAFE ANDPOTENTIALLY PERMANENT HOME FOR THE CHILD OR YOUTH ;
(c) THE CHILDS OR YOUTH S ACTUAL AGE AND DEVELOPMENTAL STAGE AND ,IN CONSIDERATION OF THIS INFORMATION ,THE CHILDS OR YOUTH S ATTACHMENT NEEDS ;
(d) W HETHER THE CHILD OR YOUTH HAS SIGNIFICANT PSYCHOLOGICAL TIES TO A PERSON WHO COULD PROVIDE A PERMANENT HOME FOR THE CHILD OR YOUTH ,INCLUDING A RELATIVE ,AND ,IF SO, WHETHERTHISPERSONMAINTAINEDCONTACTWITHTHECHILDORYOUTH DURING THE CHILD S OR YOUTH S PLACEMENT OUT OF THE HOME ;
(e) WHETHERAPERSONWHOCOULDPROVIDEAPERMANENTHOME FORTHECHILDORYOUTHISWILLINGTOMAINTAINAPPROPRIATECONTACT AFTER AN ADOPTION OF THE CHILD OR YOUTH WITH THE CHILD S OR YOUTH S RELATIVES, PARTICULARLY SIBLING RELATIVES , WHEN SUCH CONTACT IS SAFE,REASONABLE ,AND APPROPRIATE ;
(f) WHETHERAPERSONWHOCOULDPROVIDEAPERMANENTHOME FORTHE CHILDORYOUTHISAWAREOFTHECHILD SORYOUTH SCULTURE AND IS WILLING TO PROVIDE THE CHILD OR YOUTH WITH POSITIVE TIES TO HIS OR HER CULTURE ;
(g) TECHILD 'SORYOUTH SMEDICAL PHYSICAL ,EMOTIONAL ,OR OTHER SPECIFIC NEEDS,AND WHETHER A PERSON WHO COULD PROVIDE A PERMANENT PLACEMENT FOR THE CHILD OR YOUTH IS ABLE TO MEET THE CHILD S OR YOUTH S NEEDS;AND (h) THE CHILD'S OR YOUTH S ATTACHMENT TO THE CHILD S OR -10- 1219 YOUTH 'S CAREGIVER AT THE TIME OF THE HEARING AND THE POSSIBLE EFFECTS ON THE CHILD S OR YOUTH S EMOTIONAL WELL -BEING IF THE CHILD OR YOUTH IS REMOVED FROM THE CAREGIVER S HOME .
SECTION 2.
In Colorado Revised Statutes, add 19-3-702.5 as follows:
19-3-702.5.
Periodic reviews.
(1) T COURT SHALL CONDUCT A PERIODIC REVIEW AT LEAST EVERY SIX MONTHS AND,AT THE PERIODIC REVIEW ,SHALL DETERMINE THE FOLLOWING :
(a) W HETHER THE CHILD'S OR YOUTH'S SAFETY IS PROTECTED IN THE PLACEMENT ;
(b) W HETHER REASONABLE EFFORTS HAVE BEEN MADE TO FIND SAFE AND PERMANENT PLACEMENT FOR THE CHILD OR YOUTH ;
(c) THE CONTINUING NECESSITY FOR AND THE APPROPRIATENESS OF THE CHILDS OR YOUTH S PLACEMENT ;
(d) THEEXTENTOFCOMPLIANCEWITHTHEINDIVIDUALCASEPLAN PURSUANT TO SECTION 19-3-209,AND THE EXTENT OF PROGRESS THAT HAS BEEN MADE TOWARD ALLEVIATING OR MITIGATING THE CAUSES NECESSITATING PLACEMENT OUT OF THE HOME ;
(e) A LIKELYTIME FRAME IN WHICH THE CHILDORYOUTHWILLBE RETURNED TO A PARENT OR LEGAL GUARDIAN OR BE IN A SAFE AND PERMANENT HOME ;AND (f) I THE CHILD OR YOUTH IS NOT LIKELY TO BE RETURNED TO A PARENT OR LEGAL GUARDIAN WITHIN SIX MONTHS ,A FINDING ABOUT WHETHER THE CHILD OR YOUTH IS IN A POTENTIAL PERMANENT PLACEMENT AND IF NOT ,A LIKELY TIME FRAME WHEN HE OR SHE WILL BE IN A SAFE AND PERMANENT HOME .
SECTION 3.
In Colorado Revised Statutes, repeal 19-3-703.
-11- 1219 SECTION 4.
In Colorado Revised Statutes, 19-1-115, amend (4)(c) and (6.7) as follows:
19-1-115.
Legalcustody-guardianship-placementoutofthe home - petition for review for need of placement.
(4) (c) The court shall review any decree or, if there is no objection by any party to the action, the court may, in its discretion, require an administrative review by the state department of human services of any decree entered in accordance with this subsection (4) each six months after the initial reviewprovidedinparagraph(a)ofthissubsection(4)SUBSECTION (4)(a) OFTHISSECTION .Intheeventthatanadministrativereviewisordered,all counsel of record shallST be notified and may appear at said review.
Periodic reviews shaMUST include the determinations and projections required in section 19-3-702 (6)TION 19-3-702.5.
(6.7) Any time the court enters an order related to out-of-home placement pursuant to paragraphs (a), (b), and (c) of subsection (6) SUBSECTIONS (6)(a), (6)(AND (6)(cOFTHISSECTION or paragraph (b) of subsection (6.5)BSECTION (6.5)(b) of this section;
paragraph (f) of subsection (8)SUBSECTION (8)(f) of this section;
section 19-2-508 (3)(a)(VII)(A) and (3)(a)(VII)(B);
section 19-2-906.5 (1)(a), (1)(b), and (3)(a)(III);orsection19-3-702(3.5)(b)and(6)(a)(II)IONS 19-3-702 (3)(b)AND 19-3-702.5 (1)(b), the order shISeffective as of the date the findings were made by the court, notwithstanding the date that a writtenordermaybesignedbythecourt.Writtenordersenteredpursuant to paragraphs (a), (b), and (c) of subsection (6)ECTIONS (6)(a), (6)(b),AND (6)(c)OF THIS SECTIOor paragraph (b) of subsection (6.5) SUBSECTION (6.5)(b) of this section;
paragraph (f) of subsection (8) SUBSECTION (8)(f) of this section;
section 19-2-508 (3)(a)(VII)(A) and -12- 1219 (3)(a)(VII)(B);section19-2-906.5(1)(a),(1)(b),and(3)(a)(III);orsection 19-3-702 (3.5)(b) and (6)(a)(II) shallTIONS 19-3-702 (3)(b)AND 19-3-702.5(1)(b)MUST state"theeffectivedateofthisorderis"andshall MUST not use the words "nunc pro tunc".
SECTION 5.
In Colorado Revised Statutes, amend 19-3-104 as follows:
19-3-104.
Hearings - procedure.
Except for proceedings held pursuant to section 19-3-70Any hearing conducted pursuant to this articleARTICLE 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of age at the time a petition is filed in accordance with section 19-3-501 (2) shallot be delayed or continued unless good cause is shown and unless the court finds that the best interests of the child will be served by granting a delay or continuance.
Whenever any such delay or continuance is granted, the court shall set forth the specific reasons necessitating the delay or continuanceandshallschedulethematterwithinthirtydaysafterthedate of granting the delay or continuance.
If appropriate, in any hearing conducted pursuant to this articleTICLE 3 in a county designated pursuant to section 19-1-123 regarding a child who is under six years of ageatthetimeapetitionisfiledinaccordancewithsection19-3-501(2), the court shall include all other children residing in the same household whose placement is subject to determination pursuant to this article ARTICLE 3.
SECTION 6.
In Colorado Revised Statutes, 19-7-101, amend (1)(p) as follows:
19-7-101.
Legislative declaration.
(1) The general assembly findsanddeclaresthatyouthinfostercare,excludingthoseinthecustody -13- 1219 of the division of youth services or a state hospital for persons with mental health disorders, should enjoy the following:
(p) Consulting with the court conducting the youth's permanency hearing,inanage-appropriatemanner,regardingtheyouth'spermanency plan, pursuant to section 19-3-702 (3.7)ION19-3-702 (1)(a);
SECTION 7.
In Colorado Revised Statutes, 26-5-110, amend (2)(b) introductory portion, (2)(b)(II), and (2)(b)(III) as follows:
26-5-110.
Guardianship assistance program - legislative declaration - eligibility - rules.
(2) There is established a guardianship assistance program in the state department, referred to in this section as the"program".Assistancefromtheprogramisavailablewhenacourthas determined that adoption and reunification with the child's or children's parent or legal guardian are not appropriate permanency options for the child or children.
Program assistance is available in the following situations:
(b) To a certified foster parent or parents who do not otherwise qualify for the program pursuant to paragraph (a) of this subsection (2) SUBSECTION (2)(a) if:
(II) The dependency and neglect court finds that the child or children have a substantial psychological tie to the certified foster parent or parents, such that it would be seriously detrimental to the child's or children's emotional well-being to remove the child or children fromthe certified foster parent's or parents' care, as described in section 19-3-702 (5)(a)(III) and (5)(b), C.R.S.ION 19-3-702 (4)(e)(III);
(III) Adoption and reunification are not appropriate permanency options for the child or children, and the dependency and neglect court finds,pursuanttosection19-3-702(5)(a)(III),C.R.S.,TION 19-3-702 -14- 1219 (4)(e)(III) that the child's or children's certified foster parent or parents areunabletoadoptthechildbecauseofexceptionalcircumstances,which do not include an unwillingness to accept legal responsibility for the child,buttheyarewillingandcapableofprovidingthechildwithastable and permanent environment;
SECTION 8.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 2, 2019, if adjournment sine die is on May 3, 2019);
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 November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-15- 1219