Background Checks for Child Welfare Placements

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 26-0821.01 Lindy Schaible x4215 HOUSE BILL 26-1298
House Committees Senate Committees
Health & Human Services
Appropriations
A BILL FOR AN ACT
CONCERNING THE AUTHORITY FOR CRIMINAL BACKGROUND CHECKS101
FOR CHILD WELFARE OUT -OF-HOME PLACEMENT PROVIDERS,102
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, background checks are required for all
individuals who provide out-of-home care for child-welfare-involved
youth. Current law does not comply with the federal bureau of
investigation's (FBI) standards for background checks, and the FBI
granted Colorado a temporary grace period to allow Colorado to perform
HOUSE
Amended 2nd Reading
April 17, 2026
HOUSE SPONSORSHIP
Rydin and Keltie,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
these background checks through the FBI. The temporary grace period
ends May 2026.
The bill revises statutory provisions to give counties and the
Colorado department of human services the statutory authority needed to
conduct the required background checks in accordance with the FBI's
standards.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26-6-903, amend (6);2
and add (6.5) as follows:3
26-6-903. Definitions.4
As used in this part 9, unless the context otherwise requires:5
(6) "Child placement agency" or "agency" means a corporation,6
partnership, association, firm, agency, institution, or person unrelated to7
the child being placed, who places, facilitates placement for a fee, or8
arranges for placement for care of a child under eighteen years of age OLD9
with a family, person, or institution. A child placement agency may place,10
facilitate pl acement, or arrange for the placement of a child for the11
purpose of adoption, foster care, treatment foster care, or therapeutic12
foster care. AS A PRIVATE ENTITY, A CHILD PLACEMENT AGENCY IS NOT13
AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM14
THE FEDERAL BUREAU OF INVESTIGATION. The natural parents or guardian15
of a child who place the child for care with a facility licensed as a family16
child care home or child care center, as defined in section 26.5-5-303, are17
not a child placement agency.18
(6.5) "COUNTY DEPARTMENT" MEANS THE COUNTY OR DISTRICT19
DEPARTMENT OF HUMAN OR SOCIAL SERVICES.20
SECTION 2. In Colorado Revised Statutes, 26-6-910, amend (1),21
(2), (5) introductory portion, (5)(a) introductory portion, (5)(b), (5)(e),22
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(5.5), (6)(a), (8)(a), and (8)(b) introductory portion; and add (5)(f), (5.3),1
and (8)(c) as follows:2
26-6-910. Certification and annual recertification of foster3
care homes and kinship foster care homes by county departments4
and licensed child placement agencies - background and reference5
check requirements - rules - definition.6
(1) This section applies to foster care homes A FOSTER CARE7
HOME, including kinship foster care homes A KINSHIP FOSTER CARE HOME,8
certified by county departments or licensed child placement agencies A9
COUNTY DEPARTMENT OR A LICENSED CHILD PLACEMENT AGENCY. Except10
as otherwise provided in subsection (4) of this section, this section does11
not apply to foster care homes A FOSTER CARE HOME that are IS licensed12
by the state department pursuant to the requirements of section 26-6-90513
and that do DOES not receive money from the counties or children placed14
by the counties A COUNTY OR A CHILD OR YOUTH PLACED BY A COUNTY.15
A foster care home licensed by the state department must undergo all of16
the background checks and requirements set forth in section 26-6-905 or17
as otherwise stated in this part 9.18
(2) A person operating a foster care home or kinship foster care19
home shall obtain a certificate to operate the home from a county20
department or a child placement agency licensed pursuant to this part 9.21
A certificate is considered a license for the purpose of this part 9,22
including, but not limited to, the investigation and criminal history23
background checks required pursuant to this section, and section24
26-6-912, OR SECTION 19-3-406 (5) SPECIFIC TO A KINSHIP FOSTER CARE25
HOME. Each certificate must be in the form prescribed and provided by26
the state department, certify that the person operating the foster care home27
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is a suitable person to operate a foster care home or kinship foster care1
home or provide care for a child OR YOUTH , and contain any other2
information that the state department requires. A child placement agency3
issuing or renewing any such THE certificate shall notify the state4
department about the certification in a method and time frame as set by5
rule adopted by the state board.6
(5) Prior to issuing a certificate or a recertification to an applicant7
to operate a foster care home or A kinship foster care home, a county8
department or a child placement agency licensed pursuant to the9
provisions of this part 9 shall conduct the following background checks10
AND FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECKS for the11
applicant for a certificate, a person employed by the applicant, or a person12
who resides at the facility or the home:13
(a) AN INITIAL SUBMISSION OF a fingerprint-based criminal history14
record check through the Colorado bureau of investigation FOR A CHECK15
OF STATE RECORDS, and THEREAFTER A SUBMISSION TO the federal bureau16
of investigation FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK to17
determine if the applicant, employee, or a person who resides at the18
facility or the FOSTER CARE home has been convicted of:19
(b) A check of the ICON system at the state judicial department20
to determine the status or disposition of any criminal charges brought21
against the applicant, the employee, or a person who resides at the facility22
or the home that were identified by the fingerprint-based criminal history23
record check through the Colorado bureau of investigation. and the24
federal bureau of investigation;25
(e) When the results of a fingerprint-based criminal history record26
check or any other record check performed pursuant to this subsection (5)27
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reveal a record of arrest without a disposition, the county department,1
STATE DEPARTMENT, or licensed child placement agency shall require the2
person to submit to a name-based judicial record check, as defined in3
section 22-2-119.3 (6)(d). RESULTS RECEIVED BY THE STATE DEPARTMENT4
FROM THE FEDERAL BUREAU OF INVESTIGATION THAT REQUIRE5
ADDITIONAL INVESTIGATION DUE TO A RECORD OF ARREST WITHOUT A6
DISPOSITION MUST ONLY BE DISCLOSED TO AND DISCUSSED WITH THE7
SUBJECT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.8
ALL JUDICIAL RECORD INFORMATION RECEIVED AS A RESULT OF THE9
FURTHER INVESTIGATION MUST BE KEPT CONFIDENTIAL AND NOT SHARED10
WITH A LICENSED CHILD PLACEMENT AGENCY OR WITH A PERSON NOT11
AUTHORIZED TO RECEIVE CRIMINAL JUSTICE INFORMATION . THE CHILD12
PLACEMENT AGENCY OR NON-AUTHORIZED PERSON MUST ONLY RECEIVE13
INFORMATION PROVIDED IN THE GENERAL INFORMATION LETTER14
CONTAINING ELIGIBILITY STATUS.15
(f) A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK16
THROUGH THE COLORADO BUREAU OF INVESTIGATION AND THE FEDERAL17
BUREAU OF INVESTIGATION TO DETERMINE IF THE APPLICANT, EMPLOYEE,18
OR A PERSON WHO RESIDES IN THE KINSHIP FOSTER CARE HOME HAS BEEN19
CONVICTED OF ANY OFFENSE DESCRIBED IN SECTION 19-3-406 (5), AS20
"CONVICTION" IS DEFINED IN SECTION 19-3-406 (12).21
(5.3) (a) THE COLORADO BUREAU OF INVESTIGATION SHALL SEND22
RECORDS OBTAINED AS A RESULT OF A FINGERPRINT -BASED CRIMINAL23
HISTORY RECORD CHECK CONDUCTED PURSUANT TO THIS SECTION ONLY24
TO THE COUNTY DEPARTMENT OR STATE DEPARTMENT, AND THE USE AND25
HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL26
CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY AND27
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FEDERAL BUREAU OF INVESTIGATION'S REQUIREMENTS SURROUNDING THE1
HANDLING OF CRIMINAL HISTORY RECORD CHECK INFORMATION . A2
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK CONDUCTED3
PURSUANT TO THIS SECTION IS FOR CHILD PLACEMENT ONLY . A PRIVATE4
ENTITY IS NEVER AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD5
CHECK INFORMATION . INFORMATION REGARDING THE RESULT OF THE6
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RECEIVED FROM7
THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO FACILITY ,8
AGENCY, OR COUNTY DEPARTMENT STAFF NOT AUTHORIZED TO RECEIVE9
CRIMINAL HISTORY RECORD CHECK INFORMATION MUST DISCLOSE ONLY10
WHETHER THE APPLICANT IS ELIGIBLE OR INELIGIBLE , OR THAT THE11
INVESTIGATION IS INCONCLUSIVE , WITH A FURTHER REQUEST FOR THE12
APPLICANT TO CONTACT THE STATE DEPARTMENT TO PROVIDE FURTHER13
INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.14
(b) AS A PRIVATE ENTITY , A CHILD PLACEMENT AGENCY IS NOT15
AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM16
THE FEDERAL BUREAU OF INVESTIGATION.17
(5.5) Prior to issuing a certificate or subsequent certificate to an18
applicant to operate a kinship foster care home pursuant to this part 9 and19
rules promulgated ADOPTED by the state board, a county department,20
STATE DEPARTMENT , or a child placement ag ency shall conduct a21
fingerprint-based criminal history record check through the Colorado22
bureau of investigation pursuant to section 19-3-406 or 26-6-910. The23
applicant shall pay, unless otherwise paid by a county department OR A24
CHILD PLACEMENT AGENCY , the costs associated with the25
fingerprint-based criminal history record check to the Colorado bureau of26
investigation.27
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(6) A county department or a child placement agency licensed1
pursuant to this part 9 shall not issue a certificate to operate, or a2
recertification to operate, a foster care home or kinship foster care home3
and shall revoke or suspend a certificate if the applicant for the4
certificate, a person employed by the applicant, or a person who resides5
at the facility or home:6
(a) Has been convicted of any of the crimes listed in subsection7
(5)(a) of this section FOR A FOSTER CARE HOME, OR HAS BEEN CONVICTED8
OF ANY CRIME LISTED IN SECTION 19-3-406 (5) FOR A KINSHIP FOSTER9
CARE HOME , as verified through a fingerprint-based criminal history10
record check, a name-based judicial record check, if necessary, and a11
check of the ICON system at the state judicial department;12
(8) (a) The convictions identified in subsections (5)(a) and (6)(a)13
of this section, AND IN SECTION 19-3-406 FOR A KINSHIP FOSTER CARE14
HOME, must be determined according to the records of the Colorado15
bureau of investigation or the federal bureau of investigation and the16
ICON system at the state judicial department. The screening request in17
Colorado must be made pursuant to section 19-1-307 (2)(k.5), rules18
promulgated by the state board pursuant to section 19-3-313.5, and 4219
U.S.C. sec. 671 (a)(20). A certified copy of the judgment of a court of20
competent jurisdiction of the conviction, deferred judgment and sentence21
agreement, deferred prosecution agreement, or deferred adjudication22
agreement is prima facie evidence of a conviction or agreement.23
(b) The county department or licensed child placement agency24
shall not issue a certificate to operate a foster care home or a kinship25
foster care home if the state department or the county department has a26
certified court order from another state indicating that the person applying27
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for the certificate:1
(c) T HE COUNTY DEPARTMENT OR LICENSED CHILD PLACEMENT2
AGENCY SHALL NOT ISSUE A CERTIFICATE TO OPERATE A KINSHIP FOSTER3
CARE HOME IF THE STATE DEPARTMENT OR COUNTY DEPARTMENT HAS A4
CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE5
PERSON APPLYING FOR THE CERTIFICATE:6
(I) H AS BEEN CONVICTED OF FELONY CHILD ABUSE OR ANY7
UNLAWFUL SEXUAL OFFENSE AGAINST A CHILD UNDER A LAW OF ANOTHER8
STATE OR THE UNITED STATES, THE ELEMENTS OF WHICH ARE9
SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES10
DESCRIBED IN SECTION 19-3-406 (5); OR11
(II) H AS ENTERED INTO A DEFERRED JUDGMENT OR DEFERRED12
PROSECUTION AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE13
OR ANY SEXUAL OFFENSE AGAINST A CHILD, THE ELEMENTS OF WHICH ARE14
SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES15
DESCRIBED IN SECTION 19-3-406 (5).16
SECTION 3. In Colorado Revised Statutes, 26-6-912, amend17
(1)(a)(I)(A), (1)(a)(I)(B), (1)(c)(I) introductory portion, and (1)(c)(I)(A);18
and repeal (1)(e) as follows:19
26-6-912. Investigations and inspections - local authority -20
reports - rules.21
(1) (a) (I) (A) The state department shall investigate and pass on22
each application for issuance of a license, each application for a23
permanent or time-limited license following the issuance of a24
probationary or provisional license, and each application for renewal of25
a license to operate a facility or an agency prior to granting the license or26
renewal. As part of the investigation, the state department shall require27
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each individual, including but not limited to the applicant, an owner, an1
employee, a newly hired employee, a licensee, and an adult who is2
eighteen years of age OLD or older and resides in the licensed facility, to3
obtain a fingerprint-based criminal history record check by reviewing any4
record that is used to assist the state department in ascertaining whether5
the person being investigated has been convicted of any of the criminal6
offenses specified in section 26-6-905 (8), SECTION 19-3-406 (5)7
REGARDING KINSHIP FOSTER CARE HOMES CERTIFIED PURSUANT TO8
SECTION 26-6-910, or any other felony. T HE COLORADO BUREAU OF9
INVESTIGATION SHALL SEND RECORDS OBTAINED AS A RESULT OF A10
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ONLY TO THE11
STATE DEPARTMENT, AND THE USE AND HANDLING OF THE INFORMATION12
MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE INFORMATION13
SERVICES SECURITY POLICY . INFORMATION REGARDING THE RESULT OF14
THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RECEIVED15
FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO A16
FACILITY OR AN AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT17
IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,18
WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE19
DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL20
ELIGIBILITY STATUS. The state board shall promulgate ADOPT rules that21
define and identify what the criminal history record check entails.22
(B) Rules promulgated ADOPTED by the state board pursuant to23
this subsection (1)(a)(I) must require the fingerprint-based criminal24
history record check in all circumstances, other than those identified in25
subsection (1)(a)(I)(C) of this section, to include a fingerprint-based26
criminal history record check using the records of the Colorado bureau of27
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investigation and the federal bureau of investigation and to apply to any1
new owner, new applicant, newly hired employee, new licensee, or2
individual who begins residing in the licensed facility. As part of the3
investigation, the records and reports of child abuse or neglect maintained4
by the state department must be accessed to determine whether the owner,5
applicant, employee, newly hired employee, licensee, or individual who6
resides in the licensed facility being investigated has been found to be7
responsible in a confirmed report of child abuse or neglect. Information8
is made available pursuant to section 19-1-307 (2)(j) and rules9
promulgated ADOPTED by the state board pursuant to section 19-3-313.510
(4). Except as provided in subsection (1)(a)(I)(C) of this section, any11
change in ownership of a licensed facility or agency or addition of a new12
resident adult or newly hired employee to the licensed facility requires a13
new investigation as provided in this section.14
(c) (I) For all applicants applying to be a foster care home or15
kinship foster care home, regardless of reimbursement, the county16
department or child placement agency shall require each adult who is17
eighteen years of age OLD or older and who resides in the home to obtain18
a fingerprint-based criminal history record check through the Colorado19
bureau of investigation and the federal bureau of investigation. The20
applicant must provide the county department or child placement agency21
with the addresses where the applicant and any adult residing in the home22
have lived in the preceding five years, including addresses from other23
states. The county department or the child placement agency shall24
conduct the following background checks of the applicant or an adult25
residing in the home:26
(A) A fingerprint-based criminal history record check to27
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determine if the applicant or adult residing in the home has been1
convicted of any of the crimes listed in section 26-6-910 (5)(a) FOR A2
FOSTER CARE HOME OR SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE3
HOME;4
(e) Notwithstanding any provision of this part 9 to the contrary,5
the state department may enter into an interagency agreement or a6
memorandum of understanding, or both, as necessary to complete the7
criminal history record checks and other background checks required in8
this section.9
SECTION 4. In Colorado Revised Statutes, 26-6-905, amend10
(1)(b), (8)(a)(I) introductory portion, (8)(b), and (10) as follows:11
26-6-905. Licenses - out-of-state notices and consent -12
demonstration pilot program - report - rules - definition.13
(1) (b) A person operating a foster care home or kinship foster14
care home is not required to obtain a license from the state department to15
operate the foster care home or kinship foster care home if the person16
holds a certificate issued pursuant to section 26-6-910 to operate the17
home from a county department or a child placement agency licensed18
under PURSUANT TO the provisions of this part 9. A certificate is19
considered a license for the purpose of this part 9, including, but not20
limited, to the investigation and criminal history background checks21
required under PURSUANT TO sections 19-3-406, 26-6-910, and 26-6-912.22
(8) (a) (I) The state department shall not issue a license to operate23
a residential or day treatment child care facility or a child placement24
agency, and any license or certificate issued prior to August 7, 2006, is25
revoked or suspended if the applicant for the license or certificate, an26
affiliate of the applicant, a person employed by the applicant, or a person27
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who resides with the applicant at the facility has been convicted of ANY1
OFFENSE DESCRIBED IN SECTION 19-3-406 (5) OR:2
(b) (I) The department shall determine the convictions identified3
in subsection (8)(a) of this section OR SECTION 19-3-406 FOR A KINSHIP4
FOSTER CARE HOME according to the records of the Colorado bureau of5
investigation, the ICON system at the state judicial department, or any6
other source, as set forth in section 26-6-912 (1)(a)(II). A certified copy7
of the judgment of a court of competent jurisdiction of a conviction,8
deferred judgment and sentence agreement, deferred prosecution9
agreement, or deferred adjudication agreement is prima facie evidence of10
the conviction or agreement.11
(II) A license or certificate to operate a residential or day12
treatment child care facility, foster care home, or child placement agency13
shall not be issued if the state department has a certified court order from14
another state indicating that the person applying for the license or15
certificate has been convicted of child abuse or any unlawful sexual16
offense against a child under a law of any other state or the United States17
or the state department has a certified court order from another state that18
the person applying for the license or certificate has entered into a19
deferred judgment or deferred prosecution agreement in another state as20
to child abuse or any sexual offense against a child.21
(III) A LICENSE OR CERTIFICATE TO OPERATE A KINSHIP FOSTER22
CARE HOME SHALL NOT BE ISSUED IF THE STATE DEPARTMENT HAS A23
CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE24
PERSON APPLYING FOR THE LICENSE OR CERTIFICATE HAS BEEN CONVICTED25
OF FELONY CHILD ABUSE OR ANY UNLAWFUL SEXUAL OFFENSE AGAINST A26
CHILD UNDER A LAW OF ANY OTHER STATE OR THE UNITED STATES OR THE27
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STATE DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER1
STATE THAT THE PERSON APPLYING FOR THE LICENSE OR CERTIFICATE HAS2
ENTERED INTO A DEFERRED JUDGMENT OR A DEFERRED PROSECUTION3
AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE OR ANY4
OTHER SEXUAL OFFENSE AGAINST A CHILD.5
(10) The state department shall not issue a license to operate a6
residential or day treatment child care facility, foster care home, KINSHIP7
FOSTER CARE HOME, or child placement agency if the person applying for8
the license or an affiliate of the applicant, a person employed by the9
applicant, or a person who resides with the applicant at the facility has10
been determined to be insane or mentally incompetent by a court of11
competent jurisdiction and, if the court enters, pursuant to part 3 or part12
4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order13
specifically finding that the mental incompetency or insanity is of such a14
degree that the applicant is incapable of operating a residential or day15
treatment child care facility, foster care home, KINSHIP FOSTER CARE16
HOME, or child placement agency, the record of such determination and17
entry of such order being conclusive evidence thereof.18
SECTION 5. Appropriation. (1) For the 2026-27 state fiscal19
year, the general assembly anticipates that the department of human20
services will receive $350,000 in federal funds to implement this act. This21
figure is subject to the "(I)" notation as defined in the annual general22
appropriation act for the same fiscal year.23
(2) For the 2026-27 state fiscal year, $350,000 is appropriated to24
the office of the governor for use by the office of information technology.25
This appropriation is from reappropriated funds received from the26
department of human services under section (1) of this section. To27
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implement this act, the office may use this appropriation to provide1
information technology services for the department of human services.2
SECTION 6. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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