Read the full stored bill text
HOUSE BILL 26-1298
BY REPRESENTATIVE(S) Rydin and Kettie, Boesenecker, Camacho,
Clifford, Duran, Flanell, Gilchrist, Gonzalez R., Jackson, Joseph, Lieder,
Lindsay, Nguyen, Richardson, Ricks, Rutinel;
also SENATOR(S) Cutter, Danielson, Exum, Gonzales J., Jodeh, Kipp,
Kolker, Lindstedt, Marchman, Rodriguez, Snyder, Wallace, Coleman.
CONCERNING THE AUTHORITY FOR CRIMINAL BACKGROUND CHECKS FOR
CHILD WELFARE OUT-OF-HOME PLACEMENT PROVIDERS, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 26-6-903, amend (6);
and add (6.5) as follows:
26-6-903. Definitions.
As used in this part 9, unless the context otherwise requires:
(6) "Child placement agency" or "agency" means a corporation,
partnership, association, firm, agency, institution, or person unrelated to the
child being placed, who places, facilitates placement for a fee, or arranges
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.
for placement for care of a child under eighteen years of age OLD with a
family, person, or institution. A child placement agency may place, facilitate
placement, or arrange for the placement of a child for the purpose of
adoption, foster care, treatment foster care, or therapeutic foster care. As A
PRIVATE ENTITY, A CHILD PLACEMENT AGENCY IS NOT AUTHORIZED TO
RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL
BUREAU OF INVESTIGATION. The natural parents or guardian of a child who
place the child for care with a facility licensed as a family child care home
or child care center, as defined in section 26.5-5-303, are not a child
placement agency.
(6.5) "COUNTY DEPARTMENT" MEANS THE COUNTY OR DISTRICT
DEPARTMENT OF HUMAN OR SOCIAL SERVICES.
SECTION 2. In Colorado Revised Statutes, 26-6-910, amend (1),
(2), (5) introductory portion, (5)(a) introductory portion, (5)(b), (5)(e), (5.5),
(6)(a), (8)(a), and (8)(b) introductory portion; and add (5)(f), (5.3), and
(8)(c) as follows:
26-6-910. Certification and annual recertification of foster care
homes and kinship foster care homes by county departments and
licensed child placement agencies - background and reference check
requirements -rules -definition.
( 1) This section applies to foster eat e homes A FOSTER CARE HOME,
including kinship foster eat e homes A KINSHIP FOSTER CARE HOME, certified
by county departments 01 licensed child placement agencies A COUNTY
DEPARTMENT OR A LICENSED CHILD PLACEMENT AGENCY. Except as
otherwise provided in subsection ( 4) of this section, this section does not
apply to f-osteI ea1e homes A FOSTER CARE HOME that are IS licensed by the
state department pursuant to the requirements of section 26-6-905 and that
do DOES not receive money from the counties 01 children placed by the
counties A COUNTY OR A CHILD OR YOUTH PLACED BY A COUNTY. A foster
care home licensed by the state department must undergo all of the
background checks and requirements set forth in section 26-6-905 or as
otherwise stated in this part 9.
(2) A person operating a foster care home or kinship foster care
home shall obtain a certificate to operate the home from a county
department or a child placement agency licensed pursuant to this part 9. A
PAGE 2-HOUSE BILL 26-1298
certificate is considered a license for the purpose of this part 9, including,
but not limited to, the investigation and criminal history background checks
required pursuant to this section, and section 26-6-912, OR SECTION
19-3-406 (5) SPECIFIC TO A KINSHIP FOSTER CARE HOME. Each certificate
must be in the form prescribed and provided by the state department, certify
that the person operating the foster care home is a suitable person to operate
a foster care home or kinship foster care home or provide care for a child
OR YOUTH, and contain any other information that the state department
requires. A child placement agency issuing or renewing any such THE
certificate shall notify the state department about the certification in a
method and time frame as set by rule adopted by the state board.
(5) Prior to issuing a certificate 01 a 1ecertification to an applicant
to operate a foster care home or A kinship foster care home, a county
department or a child placement agency licensed pursuant to the provisions
of this part 9 shall conduct the following background checks AND
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS for the applicant
for a certificate, a person employed by the applicant, or a person who
resides at the facility or the home:
(a) AN INITIAL SUBMISSION OF a fingerprint-based criminal history
record check through the Colorado bureau of investigation FOR A CHECK OF
STATE RECORDS, and THEREAFTER A SUBMISSION TO the federal bureau of
investigation FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK to
determine if the applicant, employee, or a person who resides at the facility
or the FOSTER CARE home has been convicted of:
(b) A check of the I CON system at the state judicial department to
determine the status or disposition of any criminal charges brought against
the applicant, the employee, or a person who resides at the facility or the
home that were identified by the fingerprint-based criminal history record
check through the Colorado bureau of investigation. and the federal buteau
of investigation,
(e) When the results of a fingerprint-based criminal history record
check or any other record check performed pursuant to this subsection ( 5)
reveal a record of arrest without a disposition, the county department, ST A TE
DEPARTMENT, or licensed child placement agency shall require the person
to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d). RESULTS RECEIVED BY THE STATE DEPARTMENT FROM
PAGE 3-HOUSE BILL 26-1298
THE FEDERAL BUREAU OF INVESTIGATION THAT REQUIRE ADDITIONAL
INVESTIGATION DUE TO A RECORD OF ARREST WITHOUT A DISPOSITION MUST
ONLY BE DISCLOSED TO AND DISCUSSED WITH THE SUBJECT OF THE
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. ALL JUDICIAL
RECORD INFORMATION RECEIVED AS A RESULT OF THE FURTHER
INVESTIGATION MUST BE KEPT CONFIDENTIAL AND NOT SHARED WITH A
LICENSED CHILD PLACEMENT AGENCY OR WITH A PERSON NOT AUTHORIZED
TO RECEIVE CRIMINAL JUSTICE INFORMATION. THE CHILD PLACEMENT
AGENCY OR NON-AUTHORIZED PERSON MUST ONLY RECEIVE INFORMATION
PROVIDED IN THE GENERAL INFORMATION LETTER CONTAINING ELIGIBILITY
STATUS.
(f) A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
THROUGH THE COLORADO BUREAU OF INVESTIGATION AND THE FEDERAL
BUREAUOFINVESTIGATIONTODETERMINEIFTHEAPPLICANT,EMPLOYEE,OR
A PERSON WHO RESIDES IN THE KINSHIP FOSTER CARE HOME HAS BEEN
CONVICTED OF ANY OFFENSE DESCRIBED IN SECTION 19-3-406 (5), AS
"CONVICTION" IS DEFINED IN SECTION 19-3-406 (12).
(5.3) (a) THE COLORADO BUREAU OF INVESTIGATION SHALL SEND
RECORDS OBTAINED AS A RESULT OF A FINGERPRINT-BASED CRIMINAL
HISTORY RECORD CHECK CONDUCTED PURSUANT TO THIS SECTION ONLY TO
THE COUNTY DEPARTMENT OR STATE DEPARTMENT, AND THE USE AND
HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL
CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY AND FEDERAL
BUREAU OF INVESTIGATION'S REQUIREMENTS SURROUNDING THE HANDLING
OF CRIMINAL HISTORY RECORD CHECK INFORMATION. A FINGERPRINT-BASED
CRIMINAL HISTORY RECORD CHECK CONDUCTED PURSUANT TO THIS SECTION
IS FOR CHILD PLACEMENT ONLY. A PRIVATE ENTITY IS NEVER AUTHORIZED
TORECEIVECRIMINALHISTORYRECORDCHECKINFORMATION.INFORMATION
REGARDING THE RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY
RECORD CHECK RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION
AND RELEASED TO FACILITY, AGENCY, OR COUNTY DEPARTMENT STAFF NOT
AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD CHECK INFORMATION
MUST DISCLOSE ONLY WHETHER THE APPLICANT IS ELIGIBLE OR INELIGIBLE,
OR THAT THE INVESTIGATION IS INCONCLUSIVE, WITH A FURTHER REQUEST
FOR THE APPLICANT TO CONT ACT THE ST A TE DEPARTMENT TO PROVIDE
FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.
(b) AS A PRIVATE ENTITY, A CHILD PLACEMENT AGENCY IS NOT
PAGE 4-HOUSE BILL 26-1298
AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM
THE FEDERAL BUREAU OF INVESTIGATION.
(5.5) Prior to issuing a certificate 01 subsequent certificate to an
applicant to operate a kinship foster care home pursuant to this part 9 and
rules pt omulgatcd ADOPTED by the state board, a county department, ST A TE
DEPARTMENT, or a child placement agency shall conduct a fingerprint-based
criminal history record check through the Colorado bureau ofinvestigation
pursuant to section 19-3-406 or 26-6-910. The applicant shall pay, unless
otherwise paid by a county department OR A CHILD PLACEMENT AGENCY' the
costs associated with the fingerprint-based criminal history record check to
the Colorado bureau of investigation.
(6) A county department or a child placement agency licensed
pursuant to this part 9 shall not issue a certificate to operate, or a
recertification to operate, a foster care home or kinship foster care home and
shall revoke or suspend a certificate if the applicant for the certificate, a
person employed by the applicant, or a person who resides at the facility or
home:
(a) Has been convicted of any of the crimes listed in subsection
(5)(a) of this section FORAFOSTERCAREHOME,ORHAS BEEN CONVICTED OF
ANY CRIME LISTED IN SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE
HOME, as verified through a fingerprint-based criminal history record check,
~ name-based judicial record check, if necessary, and a check of the ICON
system at the state judicial department;
(8) (a) The convictions identified in subsections (5)(a) and (6)(a) of
this section, AND IN SECTION 19-3-406 FOR A KINSHIP FOSTER CARE HOME,
must be determined according to the records of the Colorado bureau of
investigation or the federal bureau of investigation and the I CON system at
the state judicial department. The screening request in Colorado must be
made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state
board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20). A
certified copy of the judgment of a court of competent jurisdiction of the
conviction, deferred judgment and sentence agreement, deferred
prosecution agreement, or deferred adjudication agreement is prima facie
evidence of a conviction or agreement.
(b) The county department or licensed child placement agency shall
PAGE 5-HOUSE BILL 26-1298
not issue a certificate to operate a foster care home or a kinship roster care
home if the state department or the county department has a certified court
order from another state indicating that the person applying for the
certificate:
(c) THE COUNTY DEPARTMENT OR LICENSED CHILD PLACEMENT
AGENCY SHALL NOT ISSUE A CERTIFICATE TO OPERA TE A KINSHIP FOSTER
CARE HOME IF THE STATE DEPARTMENT OR COUNTY DEPARTMENT HAS A
CERTIFIED COURT ORDER FROM ANOTHER ST A TE INDICATING THAT THE
PERSON APPL YING FOR THE CERTIFICATE:
(I) HAS BEEN CONVICTED OF FELONY CHILD ABUSE OR ANY
UNLAWFUL SEXUAL OFFENSE AGAINST A CHILD UNDER A LAW OF ANOTHER
STATE OR THE UNITED STATES, THE ELEMENTS OF WHICH ARE
SUB ST ANTIALL Y SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES
DESCRIBED IN SECTION 19-3-406 (5); OR
(II) HAS ENTERED INTO A DEFERRED JUDGMENT OR DEFERRED
PROSECUTION AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE
OR ANY SEXUAL OFFENSE AGAINST A CHILD, THE ELEMENTS OF WHICH ARE
SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES
DESCRIBED IN SECTION 19-3-406 (5).
SECTION 3. In Colorado Revised Statutes, 26-6-912, amend
(l)(a)(I)(A), (l)(a)(I)(B), (l)(c)(I) introductory portion, and (l)(c)(I)(A);
and repeal (l)(e) as follows:
26-6-912. Investigations and inspections - local authority -
reports -rules.
(1) (a) (I) (A) The state department shall investigate and pass on
each application for issuance of a license, each application for a permanent
or time-limited license following the issuance of a probationary or
provisional license, and each application for renewal of a license to operate
a facility or an agency prior to granting the license or renewal. As part of
the investigation, the state department shall require each individual,
including but not limited to the applicant, an owner, an employee, a newly
hired employee, a licensee, and an adult who is eighteen years of age OLD
or older and resides in the licensed facility, to obtain a fingerprint-based
criminal history record check by reviewing any record that is used to assist
PAGE 6-HOUSE BILL 26-1298
the state department in ascertaining whether the person being investigated
has been convicted of any of the criminal offenses specified in section
26-6-905 (8), SECTION 19-3-406 (5) REGARDING KINSHIP FOSTER CARE
HOMES CERTIFIED PURSUANT TO SECTION 26-6-910, or any other felony. THE
COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED AS
A RESULT OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK ONLY
TO THE STATE DEPARTMENT, AND THE USE AND HANDLING OF THE
INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE
INFORMATION SERVICES SECURITY POLICY. INFORMATION REGARDING THE
RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO
A FACILITY OR AN AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT
IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,
WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE
DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL
ELIGIBILITY STATUS. The state board shall promulgate ADOPT rules that
define and identify what the criminal history record check entails.
(B) Rules promulgated ADOPTED by the state board pursuant to this
subsection (l)(a)(I) must require the fingerprint-based criminal history
record check in all circumstances, other than those identified in subsection
(l)(a)(l)(C) of this section, to include a fingerprint-based criminal history
record check using the records of the Colorado bureau of investigation and
the federal bureau of investigation and to apply to any new owner, new
applicant, newly hired employee, new licensee, or individual who begins
residing in the licensed facility. As part of the investigation, the records and
reports of child abuse or neglect maintained by the state department must
be accessed to determine whether the owner, applicant, employee, newly
hired employee, licensee, or individual who resides in the licensed facility
being investigated has been found to be responsible in a confirmed report
of child abuse or neglect. Information is made available pursuant to section
19-1-307 (2)(i) and rules promulgated ADOPTED by the state board pursuant
to section 19-3-313.5 (4). Except as provided in subsection (l)(a)(l)(C) of
this section, any change in ownership of a licensed facility or agency or
addition of a new resident adult or newly hired employee to the licensed
facility requires a new investigation as provided in this section.
( c) (I) For all applicants applying to be a foster care home or kinship
foster care home, regardless of reimbursement, the county department or
child placement agency shall require each adult who is eighteen years of age
PAGE 7-HOUSE BILL 26-1298
OLD or older and who resides in the home to obtain a fingerprint-based
criminal history record check through the Colorado bureau of investigation
and the federal bureau of investigation. The applicant must provide the
county department or child placement agency with the addresses where the
applicant and any adult residing in the home have lived in the preceding
five years, including addresses from other states. The county department or
the child placement agency shall conduct the following background checks
of the applicant or an adult residing in the home:
(A) A fingerprint-based criminal history record check to determine
if the applicant or adult residing in the home has been convicted of any of
the crimes listed in section 26-6-910 (5)(a) FOR A FOSTER CARE HOME OR
SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE HOME;
(e) Notwithstanding any pm vision of this part 9 to the contrary, the
state department niay enter into an interageney agr cement 01 a
memorandum of under standing, 01 both, as necessary to complete the
er iminal history I eeo1 d cheeks and other backg1 ound cheeks I equit ed in this
section.
SECTION 4. In Colorado Revised Statutes, 26-6-905, amend
(l)(b), (8)(a)(I) introductory portion, (8)(b), and (10) as follows:
26-6-905. Licenses - out-of-state notices and consent -
demonstration pilot program -report - rules -definition.
( 1) (b) A person operating a foster care home or kinship foster care
home is not required to obtain a license from the state department to operate
the foster care home or kinship foster care home if the person holds a
certificate issued pursuant to section 26-6-910 to operate the home from a
county department or a child placement agency licensed under PURSUANT
TO the provisions of this part 9. A certificate is considered a license for the
purpose of this part 9, including, but not limited, to the investigation and
criminal history background checks required under PURSUANT TO sections
19-3-406, 26-6-910, and 26-6-912.
(8) (a) (I) The state department shall not issue a license to operate
a residential or day treatment child care facility or a child placement agency,
and any license or certificate issued prior to August 7, 2006, is revoked or
suspended if the applicant for the license or certificate, an affiliate of the
PAGE 8-HOUSE BILL 26-1298
applicant, a person employed by the applicant, or a person who resides with
the applicant at the facility has been convicted of ANY OFFENSE DESCRIBED
IN SECTION 19-3-406 (5) OR:
(b) (I) The department shall determine the convictions identified in
subsection (8)( a) of this section OR SECTION 19-3-406 FORA KINSHIP FOSTER
CARE HOME according to the records of the Colorado bureau of
investigation, the ICON system at the state judicial department, or any other
source, as set forth in section 26-6-912 (l)(a)(II). A certified copy of the
judgment of a court of competent jurisdiction of a conviction, deferred
judgment and sentence agreement, deferred prosecution agreement, or
defen·ed adjudication agreement is prima facie evidence of the conviction
or agreement.
(II) A license or certificate to operate a residential or day treatment
child care facility, foster care home, or child placement agency shall not be
issued if the state department has a certified court order from another state
indicating that the person applying for the license or certificate has been
convicted of child abuse or any unlawful sexual offense against a child
under a law of any other state or the United States or the state department
has a certified court order from another state that the person applying for the
license or certificate has entered into a deferred judgment or deferred
prosecution agreement in another state as to child abuse or any sexual
offense against a child.
(Ill) A LICENSE OR CERTIFICATE TO OPERA TE A KINSHIP FOSTER CARE
HOME SHALL NOT BE ISSUED IF THE STATE DEPARTMENT HAS A CERTIFIED
COURT ORDER FROM ANOTHER STATE INDICATING THAT THE PERSON
APPL YING FOR THE LICENSE OR CERTIFICATE HAS BEEN CONVICTED OF
FELONY CHILD ABUSE OR ANY UNLAWFUL SEXUAL OFFENSE AGAINST A CHILD
UNDER A LAW OF ANY OTHER STATE OR THE UNITED STATES OR THE STATE
DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER ST A TE THAT
THE PERSON APPL YING FOR THE LICENSE OR CERTIFICATE HAS ENTERED INTO
A DEFERRED JUDGMENT OR A DEFERRED PROSECUTION AGREEMENT IN
ANOTHER STATE AS TO FELONY CHILD ABUSE OR ANY OTHER SEXUAL
OFFENSE AGAINST A CHILD.
( 10) The state department shall not issue a license to operate a
residential or day treatment child care facility, foster care home, KINSHIP
FOSTER CARE HOME, or child placement agency if the person applying for
PAGE 9-HOUSE BILL 26-1298
the license or an affiliate of the applicant, a person employed by the
applicant, or a person who resides with the applicant at the facility has been
determined to be insane or mentally incompetent by a court of competent
jurisdiction and, if the court enters, pursuant to part 3 or part 4 of article 14
of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically
finding that the mental incompetency or insanity is of such a degree that the
applicant is incapable of operating a residential or day treatment child care
facility, foster care home, KINSHIP FOSTER CARE HOME, or child placement
agency, the record of such determination and entry of such order being
conclusive evidence thereof.
SECTION 5. Appropriation. ( 1) For the 2026-27 state fiscal year,
the general assembly anticipates that the department of human services will
receive $350,000 in federal funds to implement this act. This figure is
subject to the "(I)" notation as defined in the annual general appropriation
act for the same fiscal year.
(2) For the 2026-27 state fiscal year, $350,000 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
human services under section (1) of this section. To implement this act, the
office may use this appropriation to provide information technology
services for the department of human services.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE IO-HOUSE BILL 26-1298
the support and maintenance of the departments of the state and state
institutions.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED '9h Tb~U.\.J j\,\,\.(. 4-t" <.P~ o...+ \"'2,'."?or~
(Date and Time)
OF COLORADO
PAGE I I-HOUSE BILL 26-1298