Background Checks for Child Welfare Placements

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0821.01 Lindy Schaible x4215 HOUSE BILL 26-1298
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING THE AUTHORITY FOR CRIMINAL BACKGROUND CHECKS101
FOR CHILD WELFARE OUT-OF-HOME PLACEMENT PROVIDERS.102
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
these background checks through the FBI. The temporary grace period
HOUSE SPONSORSHIP
Rydin and Keltie,
SENATE SPONSORSHIP
(None),
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.
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, 26-6-910, amend (1),2
(2), (5) introductory portion, (5)(a) introductory portion, (5)(b), (5)(e),3
(5.5), (6)(a), (8)(a), and (8)(b) introductory portion; and add (5)(f), (5.3),4
and (8)(c) as follows:5
26-6-910. Certification and annual recertification of foster6
care homes and kinship foster care homes by county departments7
and licensed child placement agencies - background and reference8
check requirements - rules - definition.9
(1) This section applies to foster care homes A FOSTER CARE10
HOME, including kinship foster care homes A KINSHIP FOSTER CARE HOME,11
certified by county departments or licensed child placement agencies A12
COUNTY DEPARTMENT OR A LICENSED CHILD PLACEMENT AGENCY. Except13
as otherwise provided in subsection (4) of this section, this section does14
not apply to foster care homes A FOSTER CARE HOME that are IS licensed15
by the state department pursuant to the requirements of section 26-6-90516
and that do DOES not receive money from the counties or children placed17
by the counties A COUNTY OR A CHILD OR YOUTH PLACED BY A COUNTY.18
A foster care home licensed by the state department must undergo all of19
the background checks and requirements set forth in section 26-6-905 or20
as otherwise stated in this part 9.21
(2) A person operating a foster care home or kinship foster care22
home shall obtain a certificate to operate the home from a county23
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department or a child placement agency licensed pursuant to this part 9.1
A certificate is considered a license for the purpose of this part 9,2
including, but not limited to, the investigation and criminal history3
background checks required pursuant to this section, and section4
26-6-912, OR SECTION 19-3-406 (5) SPECIFIC TO A KINSHIP FOSTER CARE5
HOME. Each certificate must be in the form prescribed and provided by6
the state department, certify that the person operating the foster care home7
is a suitable person to operate a foster care home or kinship foster care8
home or provide care for a child OR YOUTH , and contain any other9
information that the state department requires. A child placement agency10
issuing or renewing any such THE certificate shall notify the state11
department about the certification in a method and time frame as set by12
rule adopted by the state board.13
(5) Prior to issuing a certificate or a recertification to an applicant14
to operate a foster care home or A kinship foster care home, a county15
department or a child placement agency licensed pursuant to the16
provisions of this part 9 shall conduct the following background checks17
AND FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECKS for the18
applicant for a certificate, a person employed by the applicant, or a person19
who resides at the facility or the home, AND ALL APPLICANTS WHO ARE TO20
BE SUBJECTED TO A NATIONAL CRIMINAL HISTORY BACKGROUND CHECK:21
(a) AN INITIAL SUBMISSION OF a fingerprint-based criminal history22
record check through the Colorado bureau of investigation FOR A CHECK23
OF STATE RECORDS, and THEREAFTER A SUBMISSION TO the federal bureau24
of investigation FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK to25
determine if the applicant, employee, or a person who resides at the26
facility or the FOSTER CARE home has been convicted of:27
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(b) A check of the ICON system at the state judicial department1
to determine the status or disposition of any criminal charges brought2
against the applicant, the employee, or a person who resides at the facility3
or the home that were identified by the fingerprint-based criminal history4
record check through the Colorado bureau of investigation. and the5
federal bureau of investigation; INFORMATION REGARDING THE RESULT OF6
THE FINGERPRINT -BASED CRIMINAL HISTORY RECEIVED FROM THE7
COLORADO BUREAU OF INVESTIGATION MAY BE RELEASED TO A FACILITY8
OR AN AGENCY AS ALLOWED BY THE "COLORADO OPEN RECORDS ACT",9
PART 2 OF ARTICLE 72 OF TITLE 24.10
(e) When the results of a fingerprint-based criminal history record11
check or any other record check performed pursuant to this subsection (5)12
reveal a record of arrest without a disposition, the county department,13
STATE DEPARTMENT, or licensed child placement agency shall require the14
person to submit to a name-based judicial record check, as defined in15
section 22-2-119.3 (6)(d), AND IN COMPLIANCE WITH PUB.L. 92-544.16
RESULTS RECEIVED BY THE STATE DEPARTMENT FROM THE FEDERAL17
BUREAU OF INVESTIGATION THAT REQUIRE ADDITIONAL INVESTIGATION18
DUE TO A RECORD OF ARREST WITHOUT A DISPOSITION MUST ONLY BE19
DISCLOSED TO AND DISCUSSED WITH THE SUBJECT OF THE20
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . ALL JUDICIAL21
RECORD INFORMATION RECEIVED AS A RESULT OF THE FURTHER22
INVESTIGATION MUST BE KEPT CONFIDENTIAL AND NOT SHARED WITH A23
LICENSED CHILD PLACEMENT AGENCY OR WITH A PERSON NOT AUTHORIZED24
TO RECEIVE CRIMINAL JUSTICE INFORMATION . THE CHILD PLACEMENT25
AGENCY OR NON-AUTHORIZED PERSON MUST ONLY RECEIVE INFORMATION26
PROVIDED IN THE GENERAL INFORMATION LETTER CONTAINING ELIGIBILITY27
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STATUS.1
(f) A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK2
THROUGH THE COLORADO BUREAU OF INVESTIGATION AND THE FEDERAL3
BUREAU OF INVESTIGATION TO DETERMINE IF THE APPLICANT, EMPLOYEE,4
OR A PERSON WHO RESIDES IN THE KINSHIP FOSTER CARE HOME HAS BEEN5
CONVICTED OF ANY OFFENSE DESCRIBED IN SECTION 19-3-406 (5), AS6
"CONVICTION" IS DEFINED IN SECTION 19-3-406 (12).7
(5.3) (a) THE COLORADO BUREAU OF INVESTIGATION SHALL SEND8
RECORDS OBTAINED AS A RESULT OF A FINGERPRINT -BASED CRIMINAL9
HISTORY RECORD CHECK CONDUCTED PURSUANT TO THIS SECTION ONLY10
TO THE COUNTY DEPARTMENT OR STATE DEPARTMENT, AND THE USE AND11
HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL12
CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY AND13
FEDERAL BUREAU OF INVESTIGATION'S REQUIREMENTS SURROUNDING THE14
HANDLING OF CRIMINAL HISTORY RECORD CHECK INFORMATION . A15
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK CONDUCTED16
PURSUANT TO THIS SECTION IS FOR CHILD PLACEMENT ONLY . A PRIVATE17
ENTITY IS NEVER AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD18
CHECK INFORMATION . INFORMATION REGARDING THE RESULT OF THE19
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK RECEIVED FROM20
THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO FACILITY ,21
AGENCY, OR COUNTY DEPARTMENT STAFF NOT AUTHORIZED TO RECEIVE22
CRIMINAL HISTORY RECORD CHECK INFORMATION MUST DISCLOSE ONLY23
WHETHER THE APPLICANT IS ELIGIBLE OR INELIGIBLE , OR THAT THE24
INVESTIGATION IS INCONCLUSIVE , WITH A FURTHER REQUEST FOR THE25
APPLICANT TO CONTACT THE STATE DEPARTMENT TO PROVIDE FURTHER26
INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS.27
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(b) AS A PRIVATE ENTITY , A CHILD PLACEMENT AGENCY IS NOT1
AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FROM2
THE FEDERAL BUREAU OF INVESTIGATION.3
(5.5) Prior to issuing a certificate or subsequent certificate to an4
applicant to operate a kinship foster care home pursuant to this part 9 and5
rules promulgated ADOPTED by the state board, a county department,6
STATE DEPARTMENT , or a child placement agency shall conduct a7
fingerprint-based criminal history record check through the Colorado8
bureau of investigation pursuant to section 19-3-406 or 26-6-910. The9
applicant shall pay, unless otherwise paid by a county department OR A10
CHILD PLACEMENT AGENCY , the costs associated with the11
fingerprint-based criminal history record check to the Colorado bureau of12
investigation.13
(6) A county department or a child placement agency licensed14
pursuant to this part 9 shall not issue a certificate to operate, or a15
recertification to operate, a foster care home or kinship foster care home16
and shall revoke or suspend a certificate if the applicant for the17
certificate, a person employed by the applicant, or a person who resides18
at the facility or home:19
(a) Has been convicted of any of the crimes listed in subsection20
(5)(a) of this section FOR A FOSTER CARE HOME, OR HAS BEEN CONVICTED21
OF ANY CRIME LISTED IN SECTION 19-3-406 (5) FOR A KINSHIP FOSTER22
CARE HOME , as verified through a fingerprint-based criminal history23
record check, a name-based judicial record check, if necessary, and a24
check of the ICON system at the state judicial department;25
(8) (a) The convictions identified in subsections (5)(a) and (6)(a)26
of this section, AND IN SECTION 19-3-406 FOR A KINSHIP FOSTER CARE27
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HOME, must be determined according to the records of the Colorado1
bureau of investigation or the federal bureau of investigation and the2
ICON system at the state judicial department. The screening request in3
Colorado must be made pursuant to section 19-1-307 (2)(k.5), rules4
promulgated by the state board pursuant to section 19-3-313.5, and 425
U.S.C. sec. 671 (a)(20). A certified copy of the judgment of a court of6
competent jurisdiction of the conviction, deferred judgment and sentence7
agreement, deferred prosecution agreement, or deferred adjudication8
agreement is prima facie evidence of a conviction or agreement.9
(b) The county department or licensed child placement agency10
shall not issue a certificate to operate a foster care home or a kinship11
foster care home if the state department or the county department has a12
certified court order from another state indicating that the person applying13
for the certificate:14
(c) T HE COUNTY DEPARTMENT OR LICENSED CHILD PLACEMENT15
AGENCY SHALL NOT ISSUE A CERTIFICATE TO OPERATE A KINSHIP FOSTER16
CARE HOME IF THE STATE DEPARTMENT OR COUNTY DEPARTMENT HAS A17
CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE18
PERSON APPLYING FOR THE CERTIFICATE:19
(I) H AS BEEN CONVICTED OF FELONY CHILD ABUSE OR ANY20
UNLAWFUL SEXUAL OFFENSE AGAINST A CHILD UNDER A LAW OF ANOTHER21
STATE OR THE UNITED STATES, THE ELEMENTS OF WHICH ARE22
SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES23
DESCRIBED IN SECTION 19-3-406 (5); OR24
(II) H AS ENTERED INTO A DEFERRED JUDGMENT OR DEFERRED25
PROSECUTION AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE26
OR ANY SEXUAL OFFENSE AGAINST A CHILD, THE ELEMENTS OF WHICH ARE27
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SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY OF THE OFFENSES1
DESCRIBED IN SECTION 19-3-406 (5).2
SECTION 2. In Colorado Revised Statutes, 26-6-912, amend3
(1)(a)(I)(A), (1)(a)(I)(B), (1)(c)(I) introductory portion, and (1)(c)(I)(A);4
and repeal (1)(e) as follows:5
26-6-912. Investigations and inspections - local authority -6
reports - rules.7
(1) (a) (I) (A) The state department shall investigate and pass on8
each application for issuance of a license, each application for a9
permanent or time-limited license following the issuance of a10
probationary or provisional license, and each application for renewal of11
a license to operate a facility or an agency prior to granting the license or12
renewal. As part of the investigation, the state department shall require13
each individual, including but not limited to the applicant, an owner, an14
employee, a newly hired employee, a licensee, ANY INDIVIDUAL WHO HAS15
DIRECT CONTACT WITH A CHILD OR A YOUTH OR IS ASSOCIATED WITH THE16
LICENSE, and an adult who is eighteen years of age OLD or older and17
resides in the licensed facility, to obtain a fingerprint-based criminal18
history record check by reviewing any record that is used to assist the19
state department in ascertaining whether the person being investigated has20
been convicted of any of the criminal offenses specified in section21
26-6-905 (8), SECTION 19-3-406 (5) REGARDING KINSHIP FOSTER CARE22
HOMES CERTIFIED PURSUANT TO SECTION 26-6-910, or any other felony.23
THE COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS24
OBTAINED AS A RESULT OF A FINGERPRINT -BASED CRIMINAL HISTORY25
RECORD CHECK ONLY TO THE STATE DEPARTMENT , AND THE USE AND26
HANDLING OF THE INFORMATION MUST COMPLY WITH THE FEDERAL27
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CRIMINAL JUSTICE INFORMATION SERVICES SECURITY POLICY .1
INFORMATION REGARDING THE RESULT OF THE FINGERPRINT -BASED2
CRIMINAL HISTORY RECORD CHECK RECEIVED FROM THE FEDERAL BUREAU3
OF INVESTIGATION AND RELEASED TO A FACILITY OR AN AGENCY MUST4
DISCLOSE ONLY WHETHER THE APPLICANT IS ELIGIBLE OR INELIGIBLE OR5
THAT THE INVESTIGATION IS INCONCLUSIVE , WITH A FURTHER REQUEST6
FOR THE APPLICANT TO CONTACT THE STATE DEPARTMENT TO PROVIDE7
FURTHER INFORMATION TO DETERMINE FINAL ELIGIBILITY STATUS . The8
state board shall promulgate ADOPT rules that define and identify what the9
criminal history record check entails.10
(B) Rules promulgated ADOPTED by the state board pursuant to11
this subsection (1)(a)(I) must require the fingerprint-based criminal12
history record check in all circumstances, other than those identified in13
subsection (1)(a)(I)(C) of this section, to include a fingerprint-based14
criminal history record check using the records of the Colorado bureau of15
investigation and the federal bureau of investigation and to apply to any16
new owner, new applicant, newly hired employee, new licensee, or17
individual who begins residing in the licensed facility, AND ANY18
INDIVIDUAL WHO HAS DIRECT CONTACT WITH A CHILD OR A YOUTH OR IS19
ASSOCIATED WITH THE LICENSE. As part of the investigation, the records20
and reports of child abuse or neglect maintained by the state department21
must be accessed to determine whether the owner, applicant, employee,22
newly hired employee, licensee, AND ANY INDIVIDUAL WHO HAS DIRECT23
CONTACT WITH A CHILD OR A YOUTH OR IS ASSOCIATED WITH THE LICENSE,24
or individual who resides in the licensed facility being investigated has25
been found to be responsible in a confirmed report of child abuse or26
neglect. Information is made available pursuant to section 19-1-307 (2)(j)27
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and rules promulgated ADOPTED by the state board pursuant to section1
19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(C) of this2
section, any change in ownership of a licensed facility or agency or3
addition of a new resident adult or newly hired employee to the licensed4
facility requires a new investigation as provided in this section.5
(c) (I) For all applicants applying to be a foster care home or6
kinship foster care home, regardless of reimbursement, the county7
department or child placement agency shall require each adult who is8
eighteen years of age OLD or older and who resides in the home to obtain9
a fingerprint-based criminal history record check through the Colorado10
bureau of investigation and the federal bureau of investigation. The11
applicant must provide the county department or child placement agency12
with the addresses where the applicant and any adult residing in the home13
have lived in the preceding five years, including addresses from other14
states. The county department or the child placement agency shall15
conduct the following background checks of the applicant or an adult16
residing in the home:17
(A) A fingerprint-based criminal history record check to18
determine if the applicant or adult residing in the home has been19
convicted of any of the crimes listed in section 26-6-910 (5)(a) FOR A20
FOSTER CARE HOME OR SECTION 19-3-406 (5) FOR A KINSHIP FOSTER CARE21
HOME;22
(e) Notwithstanding any provision of this part 9 to the contrary,23
the state department may enter into an interagency agreement or a24
memorandum of understanding, or both, as necessary to complete the25
criminal history record checks and other background checks required in26
this section.27
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SECTION 3. In Colorado Revised Statutes, 26-6-905, amend1
(1)(b), (8)(a)(I) introductory portion, (8)(b), and (10) as follows:2
26-6-905. Licenses - out-of-state notices and consent -3
demonstration pilot program - report - rules - definition.4
(1) (b) A person operating a foster care home or kinship foster5
care home is not required to obtain a license from the state department to6
operate the foster care home or kinship foster care home if the person7
holds a certificate issued pursuant to section 26-6-910 to operate the8
home from a county department or a child placement agency licensed9
under PURSUANT TO the provisions of this part 9. A certificate is10
considered a license for the purpose of this part 9, including, but not11
limited, to the investigation and criminal history background checks12
required under PURSUANT TO sections 19-3-406, 26-6-910, and 26-6-912.13
(8) (a) (I) The state department shall not issue a license to operate14
a residential or day treatment child care facility or a child placement15
agency, and any license or certificate issued prior to August 7, 2006, is16
revoked or suspended if the applicant for the license or certificate, an17
affiliate of the applicant, a person employed by the applicant, or a person18
who resides with the applicant at the facility has been convicted of ANY19
OFFENSE DESCRIBED IN SECTION 19-3-406 (5) OR:20
(b) (I) The department shall determine the convictions identified21
in subsection (8)(a) of this section OR SECTION 19-3-406 FOR A KINSHIP22
FOSTER CARE HOME according to the records of the Colorado bureau of23
investigation, the ICON system at the state judicial department, or any24
other source, as set forth in section 26-6-912 (1)(a)(II). A certified copy25
of the judgment of a court of competent jurisdiction of a conviction,26
deferred judgment and sentence agreement, deferred prosecution27
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agreement, or deferred adjudication agreement is prima facie evidence of1
the conviction or agreement.2
(II) A license or certificate to operate a residential or day3
treatment child care facility, foster care home, or child placement agency4
shall not be issued if the state department has a certified court order from5
another state indicating that the person applying for the license or6
certificate has been convicted of child abuse or any unlawful sexual7
offense against a child under a law of any other state or the United States8
or the state department has a certified court order from another state that9
the person applying for the license or certificate has entered into a10
deferred judgment or deferred prosecution agreement in another state as11
to child abuse or any sexual offense against a child.12
(III) A LICENSE OR CERTIFICATE TO OPERATE A KINSHIP FOSTER13
CARE HOME SHALL NOT BE ISSUED IF THE STATE DEPARTMENT HAS A14
CERTIFIED COURT ORDER FROM ANOTHER STATE INDICATING THAT THE15
PERSON APPLYING FOR THE LICENSE OR CERTIFICATE HAS BEEN CONVICTED16
OF FELONY CHILD ABUSE OR ANY UNLAWFUL SEXUAL OFFENSE AGAINST A17
CHILD UNDER A LAW OF ANY OTHER STATE OR THE UNITED STATES OR THE18
STATE DEPARTMENT HAS A CERTIFIED COURT ORDER FROM ANOTHER19
STATE THAT THE PERSON APPLYING FOR THE LICENSE OR CERTIFICATE HAS20
ENTERED INTO A DEFERRED JUDGMENT OR A DEFERRED PROSECUTION21
AGREEMENT IN ANOTHER STATE AS TO FELONY CHILD ABUSE OR ANY22
OTHER SEXUAL OFFENSE AGAINST A CHILD.23
(10) The state department shall not issue a license to operate a24
residential or day treatment child care facility, foster care home, KINSHIP25
FOSTER CARE HOME, or child placement agency if the person applying for26
the license or an affiliate of the applicant, a person employed by the27
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applicant, or a person who resides with the applicant at the facility has1
been determined to be insane or mentally incompetent by a court of2
competent jurisdiction and, if the court enters, pursuant to part 3 or part3
4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order4
specifically finding that the mental incompetency or insanity is of such a5
degree that the applicant is incapable of operating a residential or day6
treatment child care facility, foster care home, KINSHIP FOSTER CARE7
HOME, or child placement agency, the record of such determination and8
entry of such order being conclusive evidence thereof.9
SECTION 4. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
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