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HOUSE BILL 26-1314
BY REPRESENTATIVE(S) English, Bacon, Duran, Joseph, Lieder;
also SENATOR(S) Exum, Benavidez, Cutter, Daugherty, Gonzales J.,
Hinrichsen, Kolker, Marchman, Mullica, Roberts, Snyder, Wallace,
Coleman.
CONCERNING INCREASING FAMILY STABILITY, AND, IN CONNECTION
THEREWITH, PRIORITIZING KINSHIP PLACEMENTS IN CERTAIN
CIRCUMSTANCES AND F AC I LIT A TING GRANDPARENT CONT ACT.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. ( 1) The general assembly
finds and declares that:
(a) Placing a child or youth who has been removed from their home
in safe kinship care settings promotes family stability, speeds permanency,
and yields better long-term outcomes, which may include safe and timely
reunification of a child or youth with their parent; and
(b) Kinship care providers play a critical role in securing child and
youth well-being, contributing to a sense of continuity and normalcy.
Similarly, post-adoption contact between a child and a grandparent can be
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.
an ongoing source of support, stability, and affection.
(2) The general assembly finds, therefore, that targeted legislative
reforms to prioritize kinship placements and preserve
grandparent-grandchild relationships will promote the stability, safety, and
well-being of children, youth, and families throughout the state.
SECTION 2. In Colorado Revised Statutes, 14-10-124.4, amend
(2)(a) and (2)(b) as follows:
14-10-124.4. Family time for grandparents or
great-grandparents -legislative declaration -definitions.
(2) As used in this section, unless the context otherwise requires:
(a) "Grandparent" means a person who is OR, IF THE CHILD'S FATHER
OR MOTHER IS DECEASED, WAS the parent of a child's father or mother, who
is related to the child by blood, in whole or by half, adoption, or marriage;
except that "grandparent" does not include the parent of a child's legal
father or mother whose parental rights have been terminated in accordance
with sections 19-5-101 and 19-1-104 (l)(d).
(b) "Great-grandparent" means a person who is OR, IF THE CHILD'S
FATHER OR MOTHER OR GRANDPARENT IS DECEASED, w AS the grandparent
of a child's father or mother, who is related to the child by blood, in whole
or by half, adoption, or marriage; except that "great-grandparent" does not
include the grandparent of a child's legal father or mother whose parental
rights have been terminated in accordance with sections 19-5-101 and
19-1-104 (l)(d).
SECTION 3. In Colorado Revised Statutes, repeal 19-1-117. 7.
SECTION 4. In Colorado Revised Statutes, 19-3-403, amend
(3.6)(a)(IV) introductory portion and (3.6)(a)(V) as follows:
19-3-403. Temporary custody-hearing-time limits -restriction
-rules.
(3.6) (a) (IV) The court shall order a county department of human
or social services to exercise due diligence AND DOCUMENT ITS DILIGENT
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EFFORTS to contact all grandparents and other adult relatives and identified
kin within thirty days after the removal of the child or youth and to inform
them about placement possibilities for the child or youth, unless the court
determines there is good cause not to contact or good cause to delay
contacting the child's or youth's relatives and kin, including, but not limited
to, family or domestic violence.
(V) (A) The court shall give preference to giving temporary
placement to a child's or youth's relative or kin who is capable, willing, and
available for care. giving pdmary consideiation to the child's 01 youth's
mental, physical, and emotional needs, including the child's or youth's
pt efet ence I egat ding placement. PLACEMENT OF THE CHILD OR YOUTH WITH
THE RELATIVE OR KIN IS PRESUMED TO BE IN THE BEST INTERESTS OF THE
CHILD OR YOUTH. THE PRESUMPTION MAY BE REBUTTED BY A
PREPONDERANCE OF THE EVIDENCE, GIVING PRIMARY CONSIDERATION TO
THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS,
INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT.
The court shall also find that there is no suitable birth or adoptive parent
available, with due diligence having been exercised in attempting to locate
any such THE birth or adoptive parent. A parent's objection to placement
with a particular relative or kin is not alone sufficient to show that the
proposed placement would hinder reunification. The court may place or
continue custody with the county department of human or social services if
the court is satisfied from the information presented at the hearing that such
THE custody is appropriate and in the child's or youth's best interests, or the
court may enter such other orders as are appropriate.
(B) The court may authorize the county department of human or
social services with custody of a child or youth to place the child or youth
with a relative or kin without the necessity for a hearing if a county
department of human or social services locates a capable and willing
relative or kin who is available to care for the child or youth and the
guardian ad !item of the child or youth concurs that the placement is in the
best interests of the child or youth. If the county department of human or
social services places a child or youth with a relative or kin without a
hearing pursuant to this subsection (3. 6)(a)(V) SUBSECTION (3. 6 )( a )(V)(B ),
the county department of human or social services shall fully inform the
court of the details concerning the child's or youth's placement on the record
at the next hearing. If the court enters an order removing a child or youth
from the home or continuing a child or youth in a placement out of the
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home, the court shall make the findings required pursuant to section
19-1-115 ( 6) if sueh THE findings are warranted by the evidence.
SECTION 5. 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
the support and maintenance of the departments of the state and state
institutions.
J~-\:::
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 oV' '(Y\ o~o(li1i J\Ml It+ 2020 M /I: oOlil~
(Date and Time)
)
TATE OF COLORADO
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