(1) The court shall ensure that each youth in foster care who is in the legal custody of a county department of human or social services or the department of human services and who is at least fourteen years of age obtains or receives free annual credit reports from the department of human services or a county department of human or social services. The county department of human or social services or the department of human services shall inform the court with jurisdiction over the youth, if any, of any inaccuracies in a report and refer the matter to a governmental or nonprofit entity on the referral list developed pursuant to subsection (2) of this section for assistance in interpreting and resolving any inaccuracies in a report if the credit report shows evidence of possible identity theft. The youth's counsel for youth shall advise the youth of possible consequences of and options to address the possible identity theft, including the right to report the matter to law enforcement and seek possible prosecution of the offender.
(2) (a) On or before July 31, 2012, the department of human services shall develop, in consultation with county departments of human or social services, a referral list of governmental and nonprofit entities that are authorized to assist a youth in foster care who has found evidence of possible identity theft on his or her credit report. An entity on the referral list developed pursuant to this subsection (2) is authorized to take any necessary remedial actions to clear the youth's credit record and shall report the results of its actions to the department of human services or the county department of human or social services with legal custody of the youth.
(b) In compiling the referral list pursuant to subsection (2)(a) of this section, the state department of human services, and any county departments of human or social services consulted therein, are not subject to liability pursuant to the extent provided by article 10 of title 24.
Source: L. 2011: Entire article added, (SB 11-120), ch. 102, p. 322, � 1, effective August 10. L. 2013: (1) and (2)(a) amended, (SB 13-047), ch. 359, p. 2107, � 1, effective May 28. L. 2018: (2)(b) amended, (SB 18-092), ch. 38, p. 434, � 80, effective August 8. L. 2022: (1) amended, (HB 22-1038), ch. 92, p. 444, � 31, effective January 9, 2023. L. 2024: (1) amended, (HB 24-1017), ch. 122, p. 406, � 2, effective August 7.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.
19-7-103. Access to extracurricular activities - legislative declaration - rules. (1) The general assembly finds and declares that it is important for youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, to have increased access to normative, developmentally appropriate extracurricular activities to help prepare them for independence. Foster parents and group home parents or group center administrators shall make a reasonable effort to allow a youth in their care to participate in extracurricular, cultural, educational, work-related, and personal enrichment activities. The department of human services shall promulgate rules for the implementation of this section. The rules must address policies, including but not limited to waiver of any fingerprint-based criminal history records checks for community entities, excluding all individuals required to obtain a fingerprint-based criminal history records check pursuant to section 26-6-912 or 26.5-5-316, providing extracurricular activities and guidelines for determining in what situations it is appropriate to waive fingerprint-based criminal history records checks, to allow youth in foster care, excluding those in the custody of the division of youth services or a state mental hospital, who are twelve years of age and older to participate in age-appropriate extracurricular enrichment, social activities, and activities designed to assist those youth to make the transition to independence, build life skills, and enhance opportunities to make positive connections.
(2) If the state department of human services or a county department of human or social services waives the fingerprint-based criminal history record checks pursuant to subsection (1) of this section, the state department of human services or county department of human or social services are not subject to liability pursuant to the extent provided by article 10 of title 24.
Source: L. 2011: Entire article added, (SB 11-120), ch. 102, p. 322, � 1, effective August 10. L. 2017: (1) amended, (HB 17-1329), ch. 381, p. 1979, � 45, effective June 6. L. 2018: (2) amended, (SB 18-092), ch. 38, p. 434, � 81, effective August 8. L. 2022: (1) amended, (HB 22-1295), ch. 123, p. 837, � 45, effective July 1.
Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
19-7-104. Subjects included within training for certified foster parents and kinship foster care - rules. (1) Rules promulgated by the state department of human services that prescribe training for foster care parents prior to placement of a child or youth must include training on the following subjects:
(a) The effects of child abuse and neglect on child development;
(b) Health issues in foster care, including health services available to children and youth in foster care;
(c) The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth;
(d) The rights of siblings in foster care, as set forth in section 19-7-203; and
(e) Understanding the role of a child welfare education liaison, as described in section 22-32-138 (2).
(2) Rules promulgated by the state department of human services that prescribe post-placement annual training for foster care parents must include training on the following subjects:
(a) Health issues in foster care;
(b) The importance of child and youth self-esteem;
(c) Emancipation and independent living skills, as appropriate;
(d) The rights of siblings in foster care, as set forth in section 19-7-203; and
(e) The right of a child or youth in foster care to have fair and equal access to all available services, placement, care, treatment, and benefits, and not be subjected to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth.
(3) Nothing in this section precludes the state department of human services or a county department of human or social services from requiring foster parent training in excess of the requirements in this section.
(4) The state department of human services may promulgate rules to modify the requirements of this section for kinship foster care homes, including training topics for kinship foster care certification.
Source: L. 2021: Entire section added, (HB 21-1072), ch. 43, p. 184, � 2, effective April 19. L. 2024: (4) added, (SB 24-008), ch. 289, p. 1932, � 3, effective September 1.
19-7-105. Federal benefits for children and youth in foster care - rules - definitions - legislative intent - legislative declaration. (1) (a) The general assembly finds and declares that:
(I) The federal government provides various benefits and resources to promote the well-being, education, health, and safety of children or youth in foster care;
(II) In addition to their needs and circumstances making them eligible for benefits, children or youth in foster care often face significant challenges, including instability in living arrangements, lack of financial resources, and limited access to long-term care and support;
(III) Individualized allocation of federal benefits is critical for addressing the specific needs and circumstances of each child or youth in foster care, providing them with the resources necessary to promote health, education, and long-term success; and
(IV) Individualized allocation of federal benefits is consistent with the policy of the state of Colorado to prioritize the needs of children or youth in foster care, particularly their financial security and independence, as they transition to adulthood or reunification with families.
(b) The general assembly further declares its intent to ensure that federal benefits provided to children or youth in foster care are set aside specifically for the use of individual children or youth in foster care, thereby:
(I) Enabling children or youth in foster care to access benefits directly for their personal care, education, and welfare;
(II) Helping to mitigate the effects of instability by giving children or youth in foster care access to the resources they need to thrive in their current foster care environment or transition to independence; and
(III) Providing transparency and accountability in the use of federal benefits, ensuring that children or youth in foster care receive the full support intended for their unique needs.
(c) It is the intent of the general assembly that federal benefits are not generalized or pooled for institutional purposes, but are individually allocated and protected for the direct use of each child or youth in the foster care system. Individual allocation and protection of federal survivor benefits is the first step toward addressing this issue more broadly. Therefore, it is further the intent of the general assembly that:
(I) Federal survivor benefits, which are the legal entitlement of individual children and youth, not be used to cover the costs of care for children or youth in foster care;
(II) Federal survivor benefit funds be managed and distributed with oversight to ensure that they are used solely for the benefit and advancement of an individual child or youth's well-being and development; and
(III) Federal survivor benefit resources be allocated to prioritize the personal rights and needs of individual children or youth in foster care, affording them the opportunities and stability necessary to succeed, regardless of their status in the foster care system.
(2) As used in this section, unless the context otherwise requires:
(a) Federal survivor benefits means survivor benefits that are administered by the United States social security administration, veterans benefits administration, or the railroad retirement board and that are based on the eligibility of an insured parent.
(b) Interested party means a child or youth; the child's or youth's counsel for youth; a parent and the parent's counsel, unless parental rights have been terminated or there is a court order restricting access; the individual with whom the child or youth is currently placed; the guardian ad litem; or other party who may have information about the child's or youth's eligibility for or receipt of federal survivor benefits.
(3) (a) Beginning on or before July 1, 2027, within ninety days after a county department assumes legal custody of or authority over a child or youth, if the county department establishes that the child or youth has a deceased parent, the county department shall determine whether the child or youth may be eligible to receive federal survivor benefits.
(b) Beginning on or before July 1, 2027, if a county department makes an initial determination that the child or youth is not likely to be eligible for federal survivor benefits, the county department shall annually review the case of the child or youth to determine whether circumstances have changed to make the child or youth eligible for federal survivor benefits.
(c) In conducting an initial benefit eligibility determination or an annual review pursuant to this subsection (3), the county department shall consult with interested parties as necessary to assess the child's or youth's eligibility for federal survivor benefits and to determine, in accordance with applicable federal law, the most likely, appropriate representative payee or fiduciary.
(d) If the county department determines that the child or youth may be eligible to receive federal survivor benefits, and that the county department is the most appropriate representative payee or fiduciary, then the county department shall, in compliance with all applicable federal rules and regulations, apply for the federal survivor benefits on behalf of the child or youth. If the county department determines that the child or youth may be eligible for federal survivor benefits but that the county department is not the most appropriate representative payee or fiduciary, the county department shall provide information to the prospective representative payee or fiduciary that the county department has identified about how to apply for federal survivor benefits on behalf of the child or youth and how to become the child's or youth's representative payee or fiduciary.
(e) Following a denial of federal survivor benefits or other adverse benefit eligibility determination, the county department shall consult with interested parties and determine whether there are grounds to appeal. If there are grounds to appeal, the county department shall appeal the denial or adverse determination.
(f) If a child or youth in noncertified kinship care may be eligible for federal survivor benefits, the county department shall provide the noncertified kinship caregiver with information about how to apply for federal survivor benefits on behalf of the child or youth.
(4) If the county department becomes the representative payee or fiduciary for a child's or youth's federal survivor benefits, the county department shall annually reassess, in consultation with interested parties, whether a candidate other than the county department would be a preferable representative payee or fiduciary.
(5) (a) Beginning on or before July 1, 2027, if a county department is the representative payee or fiduciary for a child or youth, the county department shall:
(I) Not use any federal survivor benefits of a child or youth to pay for or reimburse the county department for care or services for the child or youth, including, but not limited to, foster care maintenance expenses as defined in the federal Social Security Act, 42 U.S.C. sec. 675 (4)(A), and cost of care as defined in section 19-1-103.
(II) Establish and maintain, consistent with federal and state asset and resource limits, an account for deposit of the federal survivor benefits of a child or youth. The account may be an individual account or an approved collective account, if the representative payee maintains a separate ledger and accounting records for each child or youth beneficiary of an approved collective account. The contents of the account, including applicable interest or earnings, must be saved for the individual child or youth.
(III) Provide an annual accounting of the accumulation of the child's or youth's federal survivor benefits to the child or youth and the legal representative of the child or youth. The annual accounting information must include:
(A) The amount and source of federal survivor benefits collected by the county department and credited to the account maintained on behalf of the child or youth;
(B) The balance of the account maintained on behalf of the child or youth; and
(C) Information regarding the child's or youth's accounts and earnings related to those accounts, if applicable, and any additional assets and resources, including benefits, insurance, cash assets, trust accounts, and earnings, if the assets or resources are controlled by the county department.
(b) If a county department is not the representative payee or fiduciary for a child's or youth's federal survivor benefits, the county department is not responsible for establishing or maintaining an account for deposit of the federal survivor benefits of the child or youth or providing related accounting information pursuant to subsection (5)(a) of this section.
(c) This section does not prevent or limit a court from ordering or a county department from voluntarily undertaking the conservation of federal survivor benefits for a child or youth or from using, in accordance with applicable federal and state law, the federal survivor benefits for purposes other than the cost of care.
(6) (a) The county department shall provide timely, developmentally appropriate notice to the parties, unless prevented by a court order, of:
(I) Submission of an application for federal survivor benefits on behalf of a child or youth;
(II) Submission of a request for the county department to become the representative payee or fiduciary for the child's or youth's federal survivor benefits and identification of the representative payee or fiduciary ultimately selected;
(III) Receipt by the county department of a federal agency's decision regarding federal survivor benefits, including denial, termination, or reduction of federal survivor benefits;
(IV) A decision by the county department about whether or not to appeal an adverse determination, including the outcome of any appeal filed; and
(V) The establishment of a special account or trust on behalf of the child or youth.
(b) The notice must state that interested parties may submit information relevant to the selection of a representative payee or fiduciary for the child or youth, and that an individual may have the right to contest the selection of a representative payee or fiduciary before the relevant federal agency, including the social security administration or veterans administration.
(7) Once a child who is receiving federal survivor benefits leaves foster care, the county department shall release, pursuant to the requirements of the funding source, any funds that have accumulated in an account that the county department has established or maintains for deposit of the federal survivor benefits of the child or youth.
(8) On or before January 1, 2027, the department of human services, in consultation with interested stakeholders, including, but not limited to, county departments, organizations that advocate on behalf of youth in foster care, organizations that represent court-appointed special advocates, organizations that advocate on behalf of disability rights, the office of respondent parents' counsel, and the office of the child's representative, shall adopt rules consistent with applicable state and federal law for the implementation of this section. The rules must include guidance to the county departments on:
(a) Screening processes for identifying whether a child or youth is already receiving federal survivor benefits or may be eligible to receive federal survivor benefits and screening processes for subsequent annual eligibility reviews;
(b) Best practices for consulting with the child or youth or other interested parties who may have information about the child's or youth's receipt of or eligibility for federal survivor benefits;
(c) The application process for federal survivor benefits for each child or youth, who, pursuant to screening, is likely to be determined eligible for federal survivor benefits;
(d) The process for making a determination about whether it is appropriate to challenge a benefit denial or other adverse determination;
(e) The process for providing information to a noncertified kinship caregiver about applying for federal survivor benefits on behalf of a child or youth;
(f) The process for identifying, pursuant to applicable federal guidelines, an appropriate representative payee or fiduciary for a child or youth;
(g) The process for establishing and maintaining an account for deposit and accumulation of the federal survivor benefits of a child or youth while in the legal custody or under the legal authority of the county department and for providing related accounting information annually;
(h) Specifications for providing required notices regarding federal survivor benefit applications, applications for a county department to become a representative payee or fiduciary, receipt of decisions regarding federal survivor benefit eligibility, appeals of denials, and establishment of accounts; and
(i) Informing a child or youth about rights and responsibilities regarding the continued receipt of federal benefits, the sources of assistance that may be available for resolving related problems, and the process for transferring accumulated federal survivor benefits.
(9) The department of human services shall provide technical assistance and guidance to the county departments about how the county departments shall address saving federal survivor benefits in the best interests of a child or youth.
Source: L. 2025: Entire section added, (HB 25-1271), ch. 262, p. 1339, � 1, effective May 28.