Struck = removed from the bill ยท
added = the amendment's new text.
FirstHB1142_S_APP.003 RegularNOT SessionAMENDED Seventy-secondSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes30, All2019 AmendmentsChair Adoptedof inCommittee theDate HouseCommittee ofon IntroductionAppropriations. LLS NO.
19-0040.02After Conradconsideration Imelon x2313the HOUSEmerits, BILLthe 19-1142Committee HOUSErecommends SPONSORSHIPthe Ransomfollowing: and Singer, Arndt, Baisley, Becker, Beckman, Benavidez, Bird, Bockenfeld, Buck, Buckner, Buentello, Caraveo, Carver, Catlin, Coleman, Cutter, Duran, Esgar, Exum, Froelich, Galindo, Garnett, Geitner, Gonzales-Gutierrez, Gray, Hansen, Herod, Hooton, Humphrey,Jackson,JaquezLewis,Kennedy,Kipp,Landgraf,Larson,Lewis,Liston,Lontine, McCluskie,McKean,McLachlan,Melton,MichaelsonJenet,Mullica,Neville,Pelton,Rich, Roberts, Saine, Sandridge, Sirota, Snyder, Sullivan, Tipper, Titone, Valdez A., Valdez D., Van Winkle, Weissman, Will, Williams D., Wilson SENATE SPONSORSHIP Moreno and Smallwood, House Committees Senate Committees Public Health Care & Human Services Finance Appropriations A BILL FOR AN ACT C ONCERNING CREATING AN OPTION FOR PARENTS WHO SEEK TO VOLUNTARILYDELEGATECERTAINPARENTALRESPONSIBILITIES TO A SAFE FAMILY FOR A LIMITED PERIOD OF TIME WITHOUT RELINQUISHING LEGAL CUSTODY OF THEIR CHILD , AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
nHB19-1142 Billbe Summaryreferred dto 9the eCommittee 0of Sthe dWhole ,with (Note:favorable recommendation and with a recommendation that it be placed on the consent calendar.
This** summary*** applies** to*** this** bill*HB1142_S_APP.003* as introduced and does O 3 2 H e r notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill n A passes third reading in the house of introduction, a bill summary that e applies to the reengrossed version of this bill will be available at A http://leg.colorado.gov.) g Undercurrentlaw,aparentorguardianofaminororincapacitated d 1 person maydelegate to another person power regarding care, custody, or E e 2 U R 5 O n i Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H d p Capital letters or bold & italic numbers indicate new material to be added to existing statude.
Dashes through the words indicate deletions from existing statute.
e m A property of the minor or ward for up to 12 months by executing a power of attorney.
The bill permits a parent or guardian to use the assistance of a temporary care assistance program operated by a qualified nonprofit organization to identify an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney.
The bill limits the duration of a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver to 6 months, though the parent or guardian can elect to execute subsequent powers of attorney up to the maximum 12 months.
The 12-month restriction does not apply to deployed or active duty military members.
The bill clarifies that such a power of attorneycan be revoked at any time and does not change legal rights or obligations existing pursuant to a court order.
The minor must be returned to the custody of the parent or guardian within 48 hours after termination of the power of attorney.
A temporarycare assistance program is permitted to approve as a temporary caregiver any person who:
! Meets the standards prescribed by the temporary care assistance program;
! Satisfactorilycompletes required criminal and child abuse and neglect background checks and sex offender registration checks;
and ! Receives training conducted by the temporary care assistance program.
The department of human services may investigate a temporary careassistanceprogramtoensureitiscomplyingwiththerequirementto conduct background checks on temporary caregivers.
The department may assess a fine of $1,000 for each violation of the requirement.
Employees of qualified nonprofit organizations are mandatory reporters of child abuse and neglect.
A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not constitute child abuse or neglect, constitute placing the minor into foster care, or relieve parents, guardians, or minors of rights and obligations pursuant to court orders.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add part 7 to article 6 of title 26 as follows:
PART 7 -2- 1142 TEMPORARY CARE ASSISTANCE PROGRAM 26-6-701.
Short titleHE SHORT TITLE OF THIS PAR7 IS THE "K YLEFORTI ACT".
26-6-702.
Definitions.
S USED IN THIS PART7,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(1) "APPROVED TEMPORARY CAREGIVER " MEANS A PERSON APPROVED BY A TEMPORARY CARE ASSISTANCE PROGRAM PURSUANT TO THIS PART7WHO IS DELEGATED TEMPORARY CARE RESPONSIBILITY OF A MINOR BY A PARENT OR GUARDIAN THROUGH A POWER OF ATTORNEY,AS DESCRIBED IN SECTION15-14-105.
(2) "EMPORARYCAREASSISTANCEPROGRAM "MEANSAPROGRAM OPERATED BY A CHILD PLACEMENT AGENCY THAT ASSISTS A PARENT OR GUARDIANWITHRECRUITINGANDIDENTIFYINGANAPPROPRIATEANDSAFE APPROVED TEMPORARY CAREGIVER TO WHOM THE PARENT ORGUARDIAN CANCHOOSETODELEGATETEMPORARYCARERESPONSIBILITYOFAMINOR THROUGH A POWER OF ATTORNEY PURSUANT TO SECTION 15-14-105.
26-6-703.
Temporary care assistance program permitted.
(1) A CHILD PLACEMENT AGENCY MAY OPERATE A TEMPORARY CARE ASSISTANCE PROGRAM ;EXCEPT THAT ,PRIOR TOJULY 1, 2021,ONLY A CHILD PLACEMENT AGENCY THAT IS A NONPROFIT ORGANIZATION, AND THATOPERATESAPROGRAMSIMILARTOATEMPORARYCAREASSISTANCE PROGRAMINTHIRTYORMORESTATES ,MAYOPERATEATEMPORARYCARE ASSISTANCE PROGRAM .
(2) TEACTIVITIESOFATEMPORARYCAREASSISTANCEPROGRAM PERFORMED PURSUANT TO THIS PART 7 DO NOT CONSTITUTE PLACING A CHILD PURSUANT TO THIS ARTICL6.
-3- 1142 26-6-704.
Temporarycareassistanceprogram-limitationson duration of delegation - approved temporary caregiver.
(1) (a) PARENT OR GUARDIAN OF A MINOR MAY USE THE ASSISTANCE OF A TEMPORARY CARE ASSISTANCE PROGRAM TO IDENTIFY AN APPROVED TEMPORARY CAREGIVER TO DELEGATE ANY POWER REGARDING CARE , CUSTODY ,OR PROPERTY OF THE MINO,EXCEPT THE POWER TO CONSENT TOMARRIAGEORADOPTION ,BYAPOWEROFATTORNEY ASDESCRIBEDIN SECTION 15-14-105.
(II) A TEMPORARY CARE ASSISTANCE PROGRAM MUST MAKE DILIGENT EFFORTS TO NOTIFY ANY PARENT OR GUARDIAN IDENTIFIED BY THE DELEGATING PARENT AS HAVING PARENTAL RIGHTS OR LEGAL DECISION-MAKING AUTHORITY REGARDING THE MINOR'S CARE.
(III) APARENT WHO IS NAMED AS A RESPONDENT IN AN OPEN DEPENDENCY AND NEGLECT CASE MAY NOT USE THE ASSISTANCE OF A TEMPORARY CARE ASSISTANCE PROGRAM ,AS DESCRIBED IN THIS PAR7.
(b) (I)NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW ,A POWEROFATTORNEYTHATDELEGATESTEMPORARYCARERESPONSIBILITY OFAMINORTOANAPPROVEDTEMPORARYCAREGIVERMUSTNOTEXCEED SIX MONTHS ,EXCEPT AS PROVIDED IN SUBSECTION (1)(b)(IIOF THIS SECTION.
(II) APERSON WHO IS DEPLOYED BY OR CALLED TO ACTIVE DUTY IN THE UNITED STATES MILITARY MAY EXCEED THE TIME LIMIT DESCRIBED IN SUBSECTION(1)(b)(OF THIS SECTIO;EXCEPT THAT THE TOTAL LENGTH OF A DELEGATION OF POWER MADE TO AN APPROVED TEMPORARYCAREGIVERBYAPERSONWHOISDEPLOYEDBYORCALLEDTO ACTIVE DUTY IN THEU NITED STATES MILITARY MUST NOT BE LONGER THANTHEENDOFTHEMEMBER SDEPLOYMENTORCALLTOACTIVEDUTY , -4- 1142 PLUS THIRTY DAYS.
(c) THEPARENTORGUARDIANOFTHEMINORHASTHEAUTHORITY TO REVOKE A POWER OF ATTORNEY THAT DELEGATES TEMPORARY CARE RESPONSIBILITYOFAMINORTOANAPPROVEDTEMPORARYCAREGIVERAT ANY TIME .
UPON EXPIRATION OR REVOCATION OF THE POWER OF ATTORNEY , THE MINOR MUST BE RETURNED TO THE CUSTODY OF THE PARENTORGUARDIANASSOONASREASONABLYPOSSIBLE ,BUTNOLATER THAN FORTY -EIGHT HOURS AFTER SUCH EXPIRATION,REVOCATION ,OR OTHER TERMINATION .
(d) A POWER OF ATTORNEY THAT DELEGATES TEMPORARY CARE RESPONSIBILITY OF A MINOR TO AN APPROVED TEMPORARY CAREGIVER DOES NOT :
(I) CHANGE PARENTAL RIGHTS,LEGAL RIGHTS,OBLIGATIONS OR OTHERAUTHORITYESTABLISHEDBYANEXISTINGCOURTORDERANDDOES NOTDEPRIVEAPARENTORGUARDIANOFRIGHTS ,OBLIGATIONS,OROTHER AUTHORITY RELATING TO THE CUSTODY ,VISITATION,OR SUPPORT OF A MINOR ;
(II) CONSTITUTE CHILD ABUSE OR NEGLECT , AS DEFINED IN SECTION 19-1-103 (1OR (III) RESULT IN A CHILD BEING NEGLECTED OR DEPENDEN, AS DESCRIBEDINSECTION 19-3-102,UNLESSTHEPARENTORGUARDIANFAILS TO MAKE CONTACT ,EXECUTE A NEW POWER OF ATTORNEY ,OR RETAKE CUSTODY WITHIN SEVENTY -TWO HOURS AFTER AN EXPIRED POWER OF ATTORNEY ,OR AFTER THE TOTAL TIME LIMIT DESCRIBED IN SUBSECTION (1)(b)OF THIS SECTION HAS ELAPS.D (2) (a) A APPROVED TEMPORARY CAREGIVER SHALL EXERCISE PARENTAL OR LEGAL AUTHORITY ON A CONTINUOUS BASIS AND WITHOUT -5- 1142 COMPENSATION FOR THE INTENDED DURATION OF THE POWER OF ATTORNEY .
(b) (I) AMINOR SUBJECT TO THE POWER OF ATTORNEY THAT DELEGATES TEMPORARY CARE RESPONSIBILITY OF THE MINOR TO AN APPROVED TEMPORARY CAREGIVER IS NOT DEEMED PLACED IN A FOSTER CARE HOME ,AS DEFINED IN SECTIO26-6-102 (14)AND THE APPROVED TEMPORARY CAREGIVER IS NOT DEEMED TO BE PROVIDING FOSTER CARE NOR BE SUBJECT TO THE LICENSING REQUIREMENTS OF FOSTER CA.E (II) N OTHING IN THIS SECTION DISQUALIFIES AN APPROVED TEMPORARYCAREGIVERFROMBEINGORBECOMINGAFOSTERCAREHOME CERTIFIEDBYACOUNTYDEPARTMENTORPRIVATEAGENCYPURSUANTTO SECTION 26-6-106.3.
(c) ANYPERIODOFTIMEDURINGWHICHAMINORRESIDESWITHAN APPROVED TEMPORARY CAREGIVER PURSUANT TO AN UNEXPIRED AND VALIDPOWEROFATTORNEYIS NOT INCLUDED INDETERMININGWHETHER THE MINOR HAS RESIDED WITH THE APPROVED TEMPORARY CAREGIVER FOR THE MINIMUM PERIOD REQUIRED FOR A PERSON TO BE CONSIDERED A PERSON OTHER THAN A PARENT WHO HAS HAD THE PHYSICAL CARE OF A CHILD FOR THE PURPOSES OF SECTIO14-10-123.
26-6-705.
Approval of temporary caregiver - background check - training.
(1) A CHILD PLACEMENT AGENCY OPERATING A TEMPORARYCAREASSISTANCEPROGRAMMAYAPPROVEASATEMPORARY CAREGIVERANYPERSONWHOMEETSTHESTANDARDSPRESCRIBEDBYTHE TEMPORARY CARE ASSISTANCE PROGRAM AND WHO COMPLIES WITH THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTIO.
(2) (a) ACHILD PLACEMENT AGENCY OPERATING A TEMPORARY CAREASSISTANCEPROGRAMSHALLREQUIREANAPPLICANTTOBECOMEAN -6- 1142 APPROVEDTEMPORARYCAREGIVERANDANYOTHERPERSONWHORESIDES IN THE APPLICAN'S HOME AND IS EIGHTEEN YEARS OF AGE OR OLDER TO SUBMIT TO THE FOLLOWING BACKGROUND CHECKS :
(I) A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK THROUGH THE C OLORADO BUREAU OF INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION IN THE SAME MANNER AS DESCRIBED IN SECTION 26-6-107 (1)(a)(I)(C).
(II) CHILDABUSEANDNEGLECTBACKGROUNDCHECKPURSUANT TO SECTION19-1-307;AND (III) AHECKAGAINSTTHESTATE 'SSEXOFFENDERREGISTRYAND AGAINSTTHENATIONALSEXOFFENDERPUBLICWEBSITEOPERATEDBYTHE U NITED STATES DEPARTMENT OF JUSTICE THAT CHECKS NAMES AND ADDRESSESINTHE REGISTRIESANDTHEINTERACTIVEDATABASESYSTEM FOR C OLORADO TO DETERMINE IF A PERSON IS A REGISTERED SEX OFFENDER .
(b) ACHILDPLACEMENTAGENCYOPERATINGATEMPORARYCARE ASSISTANCEPROGRAMISRESPONSIBLEFORTHECOSTSARISINGFROMANY BACKGROUNDCHECKPERFORMEDPURSUANTTOTHISSECTION .THECHILD PLACEMENT AGENCY MAY COLLECT THE COSTS FROM ANY PERSON SUBJECT TO A BACKGROUND CHECK .
(c) THE CHILD PLACEMENT AGENCY OPERATING A TEMPORARY CARE ASSISTANCE PROGRAM SHALL MAINTAIN RECORDS OF A BACKGROUNDCHECKPERFORMEDPURSUANTTOTHISSECTION ,INCLUDING THE FULL TRANSCRIPTS OF THE BACKGROUND CHECK ,FOR A PERIOD OF NOTLESSTHANFIVEYEARS .THECHILDPLACEMENTAGENCYSHALLMAKE THE RECORDS AVAILABLE TO A PARENT OR GUARDIAN EXECUTING A POWER OF ATTORNEY ,AND ANY LOCAL ,STATE,OR FEDERAL AUTHORITY -7- 1142 CONDUCTING AN INVESTIGATION INVOLVINGTHE APPROVEDTEMPORARY CAREGIVER ,THE PARENT OR GUARDIAN,OR THE MINOR.
(d) ACHILDPLACEMENTAGENCYOPERATINGATEMPORARYCARE ASSISTANCE PROGRAM SHALL NOT APPROVE AN APPLICANT AS AN APPROVEDTEMPORARYCAREGIVERIFABACKGROUNDCHECKCONDUCTED PURSUANTTOTHISSECTIONDISCLOSESASUBSTANTIATEDALLEGATIONOF CHILD ABUSE,NEGLECT ,OR EXPLOITATION,OR ANY CRIME THAT WOULD DISQUALIFY THE APPLICANT OR ANY OTHER PERSON WHO RESIDES IN THE APPLICANT'S HOME AND IS EIGHTEEN YEARS OF AGE OR OLDER FROM BECOMING CERTIFIED OR LICENSED TO OPERATE A FOSTER CARE HOME IN THE STATE.
(3) ACHILDPLACEMENTAGENCYOPERATINGATEMPORARYCARE ASSISTANCE PROGRAM SHALL TRAIN AN APPROVED TEMPORARY CAREGIVER IN THE RIGHT,DUTIES,AND LIMITATIONS ASSOCIATED WITH PROVIDING CARE FOR A MINOR PURSUANT TO THIS PAR7.
26-6-706.
Rules.(1) TEMPORARYCARE ASSISTANCE PROGRAM AND A TEMPORARY CARE PROVIDER ARE SUBJECT TO ANY RULE PROMULGATED BY THE DEPARTMENT THAT IS APPLICABLE TO NONCERTIFIED KINSHIP CARE, DEFINED IN SECTION 19-1-103 (78.7);
EXCEPT THAT A TEMPORARY CARE ASSISTANCE PROGRAM AND A TEMPORARY CARE PROVIDER ARE NOT SUBJECT TO SUCH A RULE THAT IS INCONSISTENT WITH THIS PAR7.
(2) EXCEPT AS PROVIDED IN SUBSECTIO(1)OF THIS SECTIO,A TEMPORARYCARE ASSISTANCE PROGRAMANDATEMPORARYCAREGIVER ARE NOT SUBJECT TO ANY RULE PROMULGATEDBYTHE DEPARTMENT FOR AN ACTIVITY PERFORMED PURSUANT TO THIS PAR7.
-8- 1142 26-6-707.
Application of part.
(1HIS PART7APPLIES ONLY WHEN A PARENT OR GUARDIAN OF A MINOR DELEGATES ANY POWER REGARDING CARE ,CUSTODY , OR PROPERTY OF THE MINOR TO AN APPROVED TEMPORARY CAREGIVER WITH THE ASSISTANCE OF A TEMPORARY CARE ASSISTANCE PROGRAM PURSUANT TO THIS PART 7.
N OTHING IN THIS PA7TRESTRICTSABRIDGES ,OR ALTERS THE RIGHT OF AMINOR SPARENTORGUARDIANTOPROVIDEFORTHECAREOFTHEMINOR BY POWER OF ATTORNEY PURSUANT TO ANY OTHER PROVISION OF LAW.
(2) NOTHING IN THIS PAR7:
(a) RELIEVES THE PARENT OF ANY OBLIGATION TO SUPPORT THE MINOR AS OTHERWISE PROVIDED BY LAW;
(b) LIMITSTHEAUTHORITYOFTHE COURT TOORDERAPARENT TO MAKE SUPPORT PAYMENTS OR REIMBURSEMENTS FOR MEDICAL , BEHAVIORAL ,HEALTH ,OR OTHER CARE OR TREATMENT;
(c) A BROGATES THE RIGHT OF THE MINOR TO ANY BENEFITS PROVIDED THROUGH PUBLIC FUNDS FOR WHICH THE MINOR IS OTHERWISE ENTITLED;OR (d) LIMITS OR PREVENTS THE ABILITY OF LAW ENFORCEMENT OR COUNTY CHILD WELFARE AGENCIES TO INVESTIGATE A REPORT OF SUSPECTED ABUSE OR NEGLECT OF A CHILD PURSUANT TO SECTION 19-3-308.
SECTION 2.
In Colorado Revised Statutes, 19-1-307, add (2)(j.8) as follows:
19-1-307.
Dependency and neglect records and information - access-fee-rules-recordsand reports fund - misuse ofinformation - penalty - adult protective services data system check.
(2) Records and reports - access to certain persons-agencies.Exceptasotherwise -9- 1142 providedinsection19-1-303,onlythefollowingpersonsoragenciesshall have access to child abuse or neglect records and reports:
(j.8) TSTATEDEPARTMENTOFHUMANSERVICESINVESTIGATING ANY PERSON REQUIRED TO SUBMIT TO A BACKGROUND CHECK PURSUANT TO SECTION 26-6-705 (2)WHEN THE PERSON HAS GIVEN WRITTEN AUTHORIZATION TO THE STATE DEPARTMENT OF HUMAN SERVICES TO CHECK RECORDS OR REPORTS OF CHILD ABUSE OR NEGLEC;
9 SECTION 3.
Appropriation.
For the 2019-20 state fiscal year, $14,093 is appropriated to the department of human services for use by the division of child welfare.
This appropriation is fromthe general fund and is based on an assumption that the division will require an additional 0.3 FTE.
To implement this act, the division may use this appropriation for administration.
SECTION 4.
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.
-10- 1142