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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0703.01 Anna Petrini x5497 HOUSE BILL 26-1314
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING INCREASING FAMILY STABILITY , AND, IN CONNECTION101
THEREWITH, ADDING OPTIONS AND REQUIREMENTS FOR COURT102
ORDERS IN PARENTING TIME DISPUTES , PRIORITIZING KINSHIP103
PLACEMENTS IN CERTAIN CIRCUMSTANCES , FACILITATING104
POST-ADOPTION GRANDPARENT CONTACT , AND CREATING A105
FOSTER CARE PREVENTION SERVICES PILOT PROGRAM.106
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.)
In disputes concerning parenting time, the bill adds payment of a
HOUSE SPONSORSHIP
English,
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.
monetary penalty to the aggrieved party, community service, and the use
of court-approved parenting time tracking or communication tools to the
list of orders a court may issue to address noncompliance with an existing
parenting time order. The bill clarifies that orders in these disputes must
be proportionate to the frequency and severity of intentional
noncompliance.
The bill requires the state department of human services, in
coordination with the county departments of human or social services
(county departments) and their delegate child support enforcement units,
to develop protocols for referring a noncustodial parent who is in
compliance with a child support obligation to supervised or facilitated
family-time services.
When a child or youth is removed from the home, the bill requires
the court to prioritize the child's or youth's temporary placement with a
relative or kin, unless the court finds by a preponderance of the evidence
that temporary placement with the relative or kin is not in the best
interests of the child. The bill authorizes modified safety and suitability
assessments and a one-time placement stipend for approved emergency
placement kinship caregivers under certain circumstances.
The bill requires a court, before entering a final adoption decree,
to make written findings regarding any existing grandparent-grandchild
relationship. The court may order a post-adoption contact agreement
(agreement) granting reasonable contact or family time to the
grandparent. The bill specifies procedures for the denial, modification,
enforcement, or termination of the agreement.
The bill creates the foster care prevention services pilot program,
which allows participating county departments to implement expedited
kinship placement approval pathways, kinship navigator programs,
one-time placement stipends for approved emergency placement kinship
caregivers, and tools for tracking family time.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Placing a child or youth who has been removed from their4
home in safe kinship care settings promotes family stability, speeds5
permanency, and yields better long-term outcomes, which may include6
safe and timely reunification of a child or youth with their parent;7
(b) Kinship care providers play a critical role in securing child and8
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youth well-being, contributing to a sense of continuity and normalcy.1
Similarly, post-adoption contact between a child and a grandparent can2
be an ongoing source of support, stability, and affection.3
(c) Practical, child-centered enforcement of court orders when a4
parent violates parenting time orders must be proportionate to the5
frequency and severity of the noncompliance; and6
(d) Creating pathways for parents who are in compliance with7
child support obligations to access safe, supervised or facilitated family8
time services helps maintain vital family connections.9
(2) The general assembly finds, therefore, that targeted legislative10
reforms to prioritize and direct resources toward kinship placements,11
preserve post-adoption grandparent-grandchild relationships, strengthen12
parenting time enforcement tools, and coordinate access to family time13
services will promote the stability, safety, and well-being of children,14
youth, and families throughout the state.15
SECTION 2. In Colorado Revised Statutes, 14-10-129.5, amend16
(2) introductory portion, (2)(a), and (2)(e); and add (2)(b.9), (2)(c.5), and17
(2)(c.7), as follows:18
14-10-129.5. Disputes concerning parenting time - definition.19
(2) After the hearing, if a court finds that a parent has not20
complied with the parenting time order or schedule and has21
INTENTIONALLY violated the court order, the court, in the best interests of22
the child AND IN PROPORTION TO THE FREQUENCY AND SEVERITY OF THE23
NONCOMPLIANCE, shall issue an order that may include, but not be limited24
to, one or more of the following orders:25
(a) An order imposing additional terms and conditions that are26
consistent with the court's previous order; except that the court shall27
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separate the issues of child support and parenting time and shall not1
condition child support upon parenting time, THOUGH THE COURT MAY,2
CONSISTENT WITH SECTION 14-14-104 (4), CONSIDER CHILD SUPPORT3
COMPLIANCE WHEN FASHIONING REMEDIES PURSUANT TO THIS SUBSECTION4
(2);5
(b.9) A N ORDER REQUIRING THE PARTIES TO USE A6
COURT-APPROVED TOOL FOR TRACKING PARENTING TIME OR FACILITATING7
ELECTRONIC COMMUNICATION BETWEEN THE PARTIES;8
(c.5) A N ORDER REQUIRING THE PARENT WHO HAS FAILED TO9
PROVIDE COURT-ORDERED PARENTING TIME TO PAY A MONETARY PENALTY10
TO THE AGGRIEVED PARTY;11
(c.7) A N ORDER REQUIRING THE PARENT WHO HAS FAILED TO12
PROVIDE COURT -ORDERED PARENTING TIME TO PERFORM COMMUNITY13
SERVICE;14
(e) An F OLLOWING CONSIDERATION OF LESS RESTRICTIVE15
REMEDIES, AN order SUPPORTED BY WRITTEN FINDINGS finding the parent16
who did not comply with the parenting time schedule in contempt of court17
and imposing a fine or jail sentence;18
SECTION 3. In Colorado Revised Statutes, add 14-14-114 as19
follows:20
14-14-114. Family time services and child support21
coordination - definition.22
(1) T HE STATE DEPARTMENT OF HUMAN SERVICES , IN23
COORDINATION WITH THE COUNTY DEPARTMENTS OF HUMAN OR SOCIAL24
SERVICES AND THEIR DELEGATE CHILD SUPPORT ENFORCEMENT UNITS ,25
SHALL DEVELOP PROTOCOLS FOR REFERRING A NONCUSTODIAL PARENT26
WHO IS IN COMPLIANCE WITH A CHILD SUPPORT OBLIGATION TO27
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SUPERVISED OR FACILITATED FAMILY -TIME SERVICES IN ACCORDANCE1
WITH THE REQUIREMENTS OF SECTIONS 14-10-124, 14-10-129, 14-14-1042
(4), AND 19-3-217.3
(2) A S USED IN THIS SECTION , "COMPLIANCE WITH A CHILD4
SUPPORT OBLIGATION " MEANS MAKING ORDERED PAYMENTS FOR THE5
APPLICABLE TAX YEAR.6
(3) N OTHING IN THIS SECTION CREATES A PARENTAL RIGHT TO7
FAMILY TIME THAT SUPERCEDES A COURT'S DETERMINATION OF THE BEST8
INTERESTS OF THE CHILD WITH RESPECT TO FAMILY TIME.9
SECTION 4. In Colorado Revised Statutes, 19-3-403, amend10
(3.6)(a)(IV) introductory portion, (3.6)(a)(V), and (9) as follows:11
19-3-403. Temporary custody - hearing - time limits -12
restriction - rules.13
(3.6) (a) (IV) The court shall order a county department of human14
or social services to exercise due diligence AND DOCUMENT ITS ACTIVE15
EFFORTS to contact all grandparents and other adult relatives and16
identified kin within thirty days after the removal of the child or youth17
and to inform them about placement possibilities for the child or youth,18
unless the court determines there is good cause not to contact or good19
cause to delay contacting the child's or youth's relatives and kin,20
including, but not limited to, family or domestic violence.21
(V) (A) The court shall give preference to giving temporary22
placement to a child's or youth's relative or kin who is capable, willing,23
and available for care, giving primary consideration to the child's or24
youth's mental, physical, and emotional needs, including the child's or25
youth's preference regarding placement, UNLESS THE COURT FINDS BY A26
PREPONDERANCE OF THE EVIDENCE THAT TEMPORARY PLACEMENT WITH27
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THE RELATIVE OR KIN IS NOT IN THE BEST INTERESTS OF THE CHILD OR1
YOUTH. The court shall also find that there is no suitable birth or adoptive2
parent available, with due diligence having been exercised in attempting3
to locate any such THE birth or adoptive parent. A parent's objection to4
placement with a particular relative or kin is not alone sufficient to show5
that the proposed placement would hinder reunification. The court may6
place or continue custody with the county department of human or social7
services if the court is satisfied from the information presented at the8
hearing that such THE custody is appropriate and in the child's or youth's9
best interests, or the court may enter such other orders as are appropriate.10
(B) The court may authorize the county department of human or11
social services with custody of a child or youth to place the child or youth12
with a relative or kin without the necessity for a h earing if a county13
department of human or social services locates a capable and willing14
relative or kin who is available to care for the child or youth and the15
guardian ad litem of the child or youth concurs that the placement is in16
the best interests of the child or youth. If the county department of human17
or social services places a child or youth with a relative or kin without a18
hearing pursuant to this subsection (3.6)(a)(V) SUBSECTION19
(3.6)(a)(V)(B), the county department of human or social services shall20
fully inform the court of the details concerning the child's or youth's21
placement on the record at the next hearing. If the court enters an order22
removing a child or youth from the home or continuing a child or youth23
in a placement out of the home, the court shall make the findings required24
pursuant to section 19-1-115 (6) if such THE findings are warranted by the25
evidence.26
(C) IF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES27
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PLACES A CHILD OR YOUTH WITH A RELATIVE OR KIN WITHOUT A HEARING1
PURSUANT TO SUBSECTION (3.6)(a)(V)(B) OF THIS SECTION, THE COUNTY2
DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL COMPLETE A3
MODIFIED SAFETY AND SUITABILITY ASSESSMENT FOR THE PLACEMENT4
WITHIN FOURTEEN DAYS AFTER THE COUNTY DEPARTMENT HAS IDENTIFIED5
A RELATIVE OR KIN WHO IS CAPABLE, WILLING, AND AVAILABLE FOR CARE,6
INCLUDING A FINGERPRINT -BASED CRIMINAL HISTORY RECORD CHECK7
PURSUANT TO SECTION 19-3-406. THE COUNTY DEPARTMENT OF HUMAN8
OR SOCIAL SERVICES MAY PERMIT CONTINUED TEMPORARY PLACEMENT9
WITH A RELATIVE OR KIN, PENDING CERTIFICATION AS A KINSHIP FOSTER10
HOME. IF NINETY DAYS HAVE ELAPSED SINCE REMOVAL AND THE RELATIVE11
OR KIN IS NOT PURSUING CERTIFICATION AS A KINSHIP FOSTER HOME, THE12
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES SHALL EVALUATE13
ALTERNATIVE PLACEMENTS.14
(9) If the sole issue preventing an emergency placement of a child15
with a relative or kin is a lack of resources, the county department shall16
use reasonable efforts to assist the relative or kin with obtaining the17
necessary items within existing available resources. S UBJECT TO THE18
AVAILABILITY OF EXISTING RESOURCES AND IN PROPORTION TO THE NEEDS19
OF AN APPROVED EMERGENCY PLACEMENT KINSHIP CAREGIVER ,20
REASONABLE EFFORTS MUST INCLUDE A ONE -TIME PLACEMENT STIPEND21
FOR THE APPROVED EMERGENCY PLACEMENT KINSHIP CAREGIVER.22
SECTION 5. In Colorado Revised Statutes, 19-5-208, add23
(4.5)(i) as follows:24
19-5-208. Petition for adoption - open adoption - post-adoption25
contact agreement.26
(4.5) (i) BEFORE ENTERING A FINAL ADOPTION DECREE, THE COURT27
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SHALL MAKE WRITTEN FINDINGS REGARDING ANY EXISTING RELATIONSHIP1
BETWEEN THE CHILD AND A GRANDPARENT OF THE CHILD .2
NOTWITHSTANDING ANY PROVISION OF THIS SUBSECTION (4.5) TO THE3
CONTRARY, UNLESS THE COURT FINDS BY CLEAR AND CONVINCING4
EVIDENCE THAT CONTINUED CONTACT WITH A GRANDPARENT IS5
DETRIMENTAL TO THE CHILD'S BEST INTERESTS, THE COURT MAY, WITHOUT6
A REQUEST FROM THE PETITIONER , ORDER A POST -ADOPTION CONTACT7
AGREEMENT GRANTING REASONABLE CONTACT OR FAMILY TIME TO THE8
GRANDPARENT. THE COURT MUST CONSIDER THE PETITIONER 'S AND9
CHILD'S WISHES WITH RESPECT TO A GRANDPARENT 'S POST -ADOPTION10
CONTACT AGREEMENT.11
SECTION 6. In Colorado Revised Statutes, 19-5-217, add (9) as12
follows:13
19-5-217. Enfo rcement or termination of post-adoption14
contact agreement.15
(9) T HE COURT SHALL MAKE SPECIFIC FINDINGS IF THE COURT16
DENIES, LIMITS , OR TERMINATES A GRANDPARENT 'S POST -ADOPTION17
CONTACT AGREEMENT ORDERED PURSUANT TO SECTION 19-5-208 (4.5)(i).18
SPECIFIC FINDINGS MUST ADDRESS HOW THE COURT 'S DECISION ALIGNS19
WITH THE BEST INTERESTS OF THE ADOPTED CHILD , INCLUDING THE20
CHILD'S EMOTIONAL , PHYSICAL , AND DEVELOPMENTAL NEEDS AND21
WELL-BEING; RELEVANT CHANGES IN CIRCUMSTANCES; AND THE EXPRESS22
WISHES OF THE ADOPTED CHILD REGARDING CONTACT WITH THE23
GRANDPARENT.24
SECTION 7. In Colorado Revised Statutes, add 26-5.4-107 as25
follows:26
26-5.4-107. Foster care prevention services pilot program -27
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rules.1
(1) O N OR AFTER JULY 1, 2027, THE FOSTER CARE PREVENTION2
SERVICES PILOT PROGRAM, REFERRED TO IN THIS SECTION AS THE "PILOT",3
IS CREATED IN THE STATE DEPARTMENT . THE PILOT ALLOWS A COUNTY4
DEPARTMENT THAT IS PARTICIPATING IN THE PILOT PURSUANT TO THIS5
SECTION AND RULES ADOPTED BY THE STATE DEPARTMENT TO IMPLEMENT6
EXPEDITED KINSHIP ASSESSMENTS AND TEMPORARY KINSHIP PLACEMENT7
APPROVAL PATHWAYS PURSUANT TO SECTION 19-3-403 (3.6), KINSHIP8
NAVIGATOR PROGRAMS, ONE-TIME PLACEMENT STIPENDS FOR APPROVED9
EMERGENCY PLACEMENT KINSHIP CAREGIVERS PURSUANT TO SECTION10
19-3-403 (9), AND TOOLS FOR TRACKING FAMILY TIME PURSUANT TO11
SECTION 14-10-129 (2)(b.9).12
(2) T HE STATE DEPARTMENT SHALL SELECT THREE COUNTY13
DEPARTMENTS TO PARTICIPATE IN THE PILOT. TWO OF THE PARTICIPATING14
COUNTY DEPARTMENTS MUST SERVE A COUNTY OR CITY AND COUNTY15
WITH A POPULATION OF MORE THAN SEVEN HUNDRED THOUSAND PERSONS16
ACCORDING TO THE LAST PRECEDING FEDERAL CENSUS . ONE OF THE17
PARTICIPATING COUNTY DEPARTMENTS MUST SERVE A COUNTY OR CITY18
AND COUNTY WITH A POPULATION OF MORE THAN ONE HUNDRED SIXTY19
THOUSAND PERSONS BUT FEWER THAN THREE HUNDRED THOUSAND20
PERSONS ACCORDING TO THE LAST PRECEDING FEDERAL CENSUS.21
(3) T HE STATE DEPARTMENT MAY ADOPT RULES FOR THE22
IMPLEMENTATION OF THIS SECTION. THE RULES MUST INCLUDE A PROCESS23
AND DEADLINES FOR COUNTIES TO APPLY TO PARTICIPATE IN THE PILOT24
AND FOR THE STATE DEPARTMENT TO SELECT PARTICIPATING COUNTIES.25
(4) T HE STATE DEPARTMENT IS AUTHORIZED TO SEEK , ACCEPT,26
AND EXPEND GIFTS , GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC27
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SOURCES FOR THE PURPOSES OF THIS SECTION.1
(5) (a) T HE STATE DEPARTMENT SHALL EVALUATE THE PILOT 'S2
SUCCESS OR FAILURE , INCLUDING A CONSIDERATION OF THE PILOT 'S3
EFFECTIVENESS IN ACHIEVING OUTCOMES OVER A TWELVE-MONTH PERIOD.4
(b) AS NECESSARY TO CONDUCT THE EVALUATION AND COMPLETE5
THE REPORTS REQUIRED PURSUANT TO THIS SUBSECTION (5), EACH6
PARTICIPATING COUNTY DEPARTMENT SHALL SUBMIT TO THE STATE7
DEPARTMENT A REPORT CONCERNING THE PARTICIPATING COUNTY8
DEPARTMENT'S ADMINISTRATION AND UTILIZATION OF THE PILOT . THE9
REPORT MUST INCLUDE RELEVANT DATA FROM THE PARTICIPATING10
COUNTY AS REQUIRED BY THE STATE DEPARTMENT TO EVALUATE THE11
PILOT AND TO PREPARE ITS REPORT TO THE GENERAL ASSEMBLY PURSUANT12
TO SUBSECTION (5)(c) OF THIS SECTION . THE DATA MUST INCLUDE13
INFORMATION ON THE NUMBER , TYPE , AND COSTS OF KINSHIP CARE14
PLACEMENTS, THE LENGTH OF TIME BETWEEN REMOVAL AND KINSHIP CARE15
PLACEMENTS, THE NUMBER OF DAYS A CHILD OR YOUTH SPENDS IN16
OUT-OF-HOME PLACEMENT WITH NON -KIN PRIOR TO KINSHIP CARE17
PLACEMENT, FAMILY TIME COMPLIANCE RATES , AND PERMANENCY18
OUTCOMES FOR:19
(I) A CHILD OR YOUTH WHOSE INITIAL OUT-OF-HOME PLACEMENT20
IS WITH NON -KIN AND WHO IS LATER MOVED TO A KINSHIP CARE21
PLACEMENT; AND22
(II) A CHILD OR YOUTH WHO IS PLACED DIRECTLY IN KINSHIP CARE.23
(c) IN JANUARY 2029, THE STATE DEPARTMENT SHALL REPORT ON24
THE IMPLEMENTATION AND EFFECT OF THE PILOT TO THE HEALTH AND25
HUMAN SERVICES COMMITTEES OF THE SENATE AND THE HOUSE OF26
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES , AS PART OF ITS27
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"SMART ACT" PRESENTATION REQUIRED PURSUANT TO SECTION 2-7-203.1
THE REPORT MUST INCLUDE, AT A MINIMUM:2
(I) A DESCRIPTION OF THE PILOT 'S COSTS, OUTCOMES, AND ANY3
SPECIFIC PROBLEMS THAT THE STATE DEPARTMENT OR ANY PARTICIPATING4
COUNTY DEPARTMENT ENCOUNTERED DURING THE ADMINISTRATION OF5
THE PILOT , ALONG WITH RECOMMENDATIONS THAT THE STATE6
DEPARTMENT HAS FOR LEGISLATION TO ADDRESS THE PROBLEMS; AND7
(II) A RECOMMENDATION BY THE STATE DEPARTMENT REGARDING8
WHETHER THE GENERAL ASSEMBLY SHOULD REPEAL THE PILOT, CONTINUE9
THE PILOT FOR A SPECIFIED TIME PERIOD , OR ESTABLISH THE PILOT10
STATEWIDE ON A PERMANENT BASIS.11
SECTION 8. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
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