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Colorado2026Enacted

HB26-1298

Background Checks for Child Welfare Placements

Last scannedAug 24, 2026, 8:22 AM

In one sentence

This law gives state and county agencies the legal power to run fingerprint-based criminal background checks on people who care for children in foster homes.

What it does

  • Gives county departments of human or social services and the Colorado Department of Human Services authority to conduct required fingerprint-based criminal history record checks.
  • Requires these agencies to check state records through the Colorado Bureau of Investigation and national records through the FBI for applicants, employees, and residents of foster care homes.
  • States that private child placement agencies are not authorized to receive detailed criminal history reports directly from the federal government.
  • Limits what information private agencies can see, allowing them only a general letter stating if an applicant is eligible or ineligible.
  • Requires additional name-based judicial record checks if a fingerprint check shows an arrest with no final court decision.

Who it affects

  • County departments of human or social services
  • The Colorado Department of Human Services
  • People applying to operate foster care homes or kinship foster care homes certified by county departments or licensed child placement agencies
  • Employees and residents living in these foster care facilities

Limits and unknowns

  • The law does not apply to foster homes licensed directly by the state department that do not receive county money or place children from counties.
  • Private agencies cannot see specific details of criminal records, only a general eligibility status letter.
  • The effective date for when these rules begin is not listed in the provided text.

Plain language

Terms to know

Kinship Foster Care Home
A home where a child lives with relatives, certified to provide foster care.
Child Placement Agency
A private organization that arranges for children to live in families but cannot receive federal criminal records directly.
Fingerprint-Based Criminal History Record Check
An official background check using fingerprints to search state and national databases for past crimes.

Official record

Sources

Validated

Official 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.)

Official activity

Bill history

  1. Governor SignedGovernor
  2. Sent to the GovernorGovernor
  3. Signed by the President of the SenateSenate
  4. Signed by the Speaker of the HouseHouse
  5. Senate Third Reading Passed - No AmendmentsSenate
  6. Senate Second Reading Special Order - Passed - No AmendmentsSenate
  7. Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the WholeSenate
  8. Senate Committee on Health & Human Services Refer Unamended to AppropriationsSenate
  9. Introduced In Senate - Assigned to Health & Human ServicesSenate
  10. House Third Reading Passed - No AmendmentsHouse
  11. House Third Reading Laid Over Daily - No AmendmentsHouse
  12. House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
  13. House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
  14. House Committee on Health & Human Services Refer Amended to AppropriationsHouse
  15. Introduced In House - Assigned to Health & Human ServicesHouse

Changes

Amendments

3 stored

J.001

This amendment adds funding details to the bill by setting aside $350,000 in federal money for human services and moving that same amount to the governor's office to pay for computer technology needed to run background checks.

L.001

This amendment clarifies that private child placement agencies cannot get FBI criminal history records and defines what a county department is.

L.002

This amendment removes a specific phrase from the bill that previously defined who must undergo background checks.