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HOUSE BILL 26-1024
BY REPRESENTATIVE(S) Keltie and Rydin, Barron, Bottoms, Bradley,
Brooks, Caldwell, Camacho, DeGraaf, Duran, English, Feret, Flanell,
Garcia Sander, Gonzalez R., Lieder, Lindsay, Luck, Richardson, Slaugh,
Suckla, Weinberg;
also SENATOR(S) Frizell and Marchman, Carson, Cutter, Exum,
Gonzales J., Hinrichsen, Jodeh, Kipp, Mullica, Pelton R., Zamora Wilson,
Coleman.
CONCERNING RAISING THE AGE OF A CHILD WHO MAY BE VOLUNTARILY
RELINQUISHED FROM SEVENTY-TWO HOURS OLD TO THIRTY DAYS OLD
OR YOUNGER.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 19-3-304.5, amend
(1)(a); and add (5.5) as follows:
19-3-304.5. Emergency possession of certain relinquished
children - rules - legislative declaration - definitions.
(1) If a parent voluntarily delivers a child to a firefighter, as defined
in section 18-3-201 (1.5), or a staff member who engages in the admission,
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
care, or treatment of patients at a hospital or community clinic emergency
center, as defined in subsection (9) of this section, when the firefighter is
at a fire station or the staff member is at a hospital or community clinic
emergency 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) The child is seventy-two hours THIRTY DAYS old or younger; 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 TO REUNIFY WITH THE CHILD.
SECTION 2. In Colorado Revised Statutes, 18-6-401, amend (9)(a)
as follows:
18-6-401. Child abuse - definition.
(9) (a) If a parent is charged with permitting a child to be
unreasonably placed in a situation that poses a threat of injury to the child's
life or health, pursuant to subsection (1)(a) of this section, and the child was
seventy-two hours THIRTY DAYS old or younger at the time of the alleged
offense, it is an affirmative defense to the charge that the parent safely,
reasonably, and knowingly handed the child over to a firefighter, as defined
in section 18-3-201 (1.5), or to a staff member who engages in the
admission, care, or treatment of patients at a hospital or community clinic
emergency 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
community clinic emergency center, as defined in subsection (9)(b) of this
section.
SECTION 3. In Colorado Revised Statutes, 22-1-128, amend (6)(j)
as follows:
22-1-128. Comprehensive human sexuality education -
guidelines and content standards - legislative declaration - definitions.
(6) Human sexuality instruction is not required. However, if a
school district, board of cooperative services, charter school, or institute
charter school offers human sexuality instruction, the instruction must be
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comprehensive and meet the comprehensive human sexuality education
content requirements. These requirements must:
(j) Provide 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 community
clinic emergency center within the first seventy-two hours THIRTY DAYS of
the child's life.
SECTION 4. In Colorado Revised Statutes, 22-25-103, amend
(3)(n) as follows:
22-25-103. Definitions.
As used in this article 25, unless the context otherwise requires:
(3) "Comprehensive health education" means a planned, sequential
health program of learning experiences in preschool, kindergarten, and
grades one through twelve that must include, but is not limited to, the
following topics:
(n) If not included in other curricula or programs provided to
students, 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 community clinic emergency
center, within the first seventy-two hours THIRTY DAYS of the child's life.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); 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
PAGE 3-HOUSE BILL 26-1024
approved by the people at 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.
____________________________ ____________________________
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
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