(1) There is hereby established within the state department the child welfare training academy, referred to in this section as the academy, to ensure that certain persons hired to work within child welfare services receive the necessary training to perform the functions of their jobs responsibly and effectively. The state department shall administer the academy in accordance with rules promulgated by the state department pursuant to subsection (2) of this section.
(2) On or before September 15, 2009, the state department shall promulgate rules for the administration of the academy. The rules must include:
(a) Identification of specific job titles within child welfare services that shall be required to attain certification from the academy as a mandatory condition of employment;
(b) Identification of specific job titles within child welfare services that shall be required to complete ongoing or occasional training from the academy as a mandatory condition of employment;
(c) Establishment of minimum standards of competence that a person is required to demonstrate prior to receiving certification from the academy. The standards of competence must include, but are not limited to, a demonstrated ability to perform the duties described in section 19-3-313.5 (2) and a demonstrated understanding of principles and strategies to promote equity, diversity, and inclusion in the child welfare system.
(d) Identification of means by which a person may demonstrate the minimum standards established pursuant to paragraph (c) of this subsection (2); and
(e) Establishment of alternative methods for attaining certification from the academy for persons who have already successfully completed comparable child welfare training, including a description of child welfare training that shall be deemed to be comparable to the training offered by the academy.
Source: L. 2009: Entire section added, (SB 09-164), ch. 276, p. 1239, � 2, effective May 19. L. 2024: IP(2) and (2)(c) amended, (SB 24-200), ch. 453, p. 3146, � 2, effective August 7.
Cross references: For the legislative declaration in SB 24-200, see section 1 of chapter 453, Session Laws of Colorado 2024.
26-5-110. Guardianship assistance program - legislative intent - eligibility - reporting - rules - definition. (1) The general assembly declares that:
(a) The state of Colorado has a strong interest in providing permanency options to children who are part of the foster care system;
(b) Children and youth in the child welfare system are better served when family ties are preserved and strengthened because permanent family connections are critical to a child's overall well-being and development;
(c) The general assembly has established through past legislation a statutory preference for placement with relatives and kin at all stages of a child welfare case;
(d) To help support permanency with family and kin relationships when adoption and reunification are either unavailable or not appropriate permanency options for the child, the general assembly created the Relative Guardianship Assistance Program in 2010, as authorized by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Pub. L. 110-351;
(e) The state of Colorado has a strong interest in providing permanency options to children who are part of the traditional foster care system and who are not otherwise able to be placed with relatives or kin;
(f) It is appropriate to further the goal of permanency by passing legislation to provide financial assistance for the care of children, when it is in accordance with federal law, to relatives, kin, and foster parents who have a significant relationship with the child, as outlined in statute, and who have assumed legal guardianship or allocation of parental responsibilities of children who they previously cared for as certified foster parents through the federal Title IV-E Adoption and Guardianship Assistance Program, 42 U.S.C. sec. 673 (d); and
(g) It is therefore the intent of the general assembly that the state guardianship assistance program will be utilized to enhance family preservation and provide a permanency option for children who have developed a significant relationship with their foster parent caregiver when reunification and adoption are either unavailable or not appropriate permanency options for the child, and provide stability in safe and stable placements with relatives, kin, and foster parent caregivers in circumstances set forth in this legislation.
(2) The guardianship assistance program is established in the state department. Assistance from the program is available when a court has determined that adoption and reunification with a child's or children's parent or legal guardian are not appropriate permanency options for the child or children. Program assistance is available in the following situations:
(a) To relatives, kin, and persons ascribed by the family as having a family-like relationship with the child or children and who:
(I) Are committed to the child's or children's permanency;
(II) Were the certified foster parent or parents of the child or children for a minimum of six consecutive months at the time they assumed guardianship or allocation of parental responsibilities; and
(III) Have assumed legal guardianship of or allocation of parental responsibilities for the child or children; or
(b) To a certified foster parent or parents who do not otherwise qualify for the program pursuant to subsection (2)(a) of this section if:
(I) The child or children in the certified foster parent's or parents' care are twelve years of age or older, or if at least one of the children in the sibling group is eleven years of age or younger and has an older sibling who receives assistance from the program;
(II) The dependency and neglect court finds that the child or children have a substantial psychological tie to the certified foster parent or parents, such that it would be seriously detrimental to the child's or children's emotional well-being to remove the child or children from the certified foster parent's or parents' care, as described in section 19-3-702 (4)(e)(III);
(III) Adoption and reunification are not appropriate permanency options for the child or children, and the dependency and neglect court finds, pursuant to section 19-3-702 (4)(e)(III) that the child's or children's certified foster parent or parents are unable to adopt the child because of exceptional circumstances, which do not include an unwillingness to accept legal responsibility for the child, but they are willing and capable of providing the child with a stable and permanent environment;
(IV) The certified foster parent or parents of the child or children have cared for the child or children for a minimum of twelve months; and
(V) The certified foster parent or parents have assumed legal guardianship of or allocation of parental responsibilities for the child or children with the child's or children's consent who are twelve years of age or older.
(3) The state department shall promulgate rules that comply with the provisions of 42 U.S.C. sec. 673 (d) for the implementation of this section for situations where a child or children have been removed from the home through a judicial determination that continuation in the home would not be in the best interest of the child or children, and that reunification and adoption are not appropriate permanency options for the child or children.
(4) On or before January 2, 2025, and every January 2 thereafter, the state department shall report to the joint budget committee data on actual program caseload and expenditures for the prior year as well as projected program caseload and expenditures for the current year. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4) continues indefinitely.
(5) It is the general assembly's intent that the program operate as an entitlement program and, pursuant to section 24-75-109 (1)(b), the state department is authorized to overexpend its appropriation to allow for reimbursement of ninety percent of counties' costs.
(6) As used in this section, unless the context otherwise requires, program means the guardianship assistance program established in subsection (1) of this section.
Source: L. 2009: Entire section added, (SB 09-245), ch. 436, p. 2424, � 2, effective June 4. L. 2012: Entire section amended, (SB 12-066), ch. 86, p. 284, � 1, effective August 8. L. 2016: Entire section R&RE, (HB 16-1448), ch. 359, p. 1496, � 1, effective October 1. L. 2019: IP(2)(b), (2)(b)(II), and (2)(b)(III) amended, (HB 19-1219), ch. 237, p. 2356, � 7, effective August 2. L. 2024: IP(2) amended and (4) to (6) added, (HB 24-1408), ch. 134, p. 500, � 3, effective April 29.
26-5-111. Statewide child abuse reporting hotline system - child abuse hotline steering committee - screening questions for hotline system operators and county departments - rules on consistent processes in response to reports and inquiries for information - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that the purpose of enacting this section is to:
(I) Create, based on recommendations of a steering committee with broad representation, a statewide child abuse reporting hotline system to serve as a direct, immediate, and efficient route to the applicable entity responsible for accepting the report and to the applicable entity responsible for responding to an inquiry and that is available twenty-four hours a day, seven days a week; and
(II) Authorize rule-making by the state board to ensure that there are standards for the consistent screening, assessment, and decision-making in response to reports of known or suspected child abuse and neglect and to inquiries made to a county department or to the hotline system.
(b) The general assembly declares that the hotline system to be developed as outlined in this section enhances the current child welfare system. The hotline system is intended to provide an additional option for the public to make an initial report of suspected or known child abuse or neglect or making an inquiry. The county department will retain screening responsibilities, unless the board of county commissioners of the county department has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director.
(2) As used in this section, unless the context otherwise requires:
(a) Child abuse reporting hotline system or the hotline system means the uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S., or to the applicable entity responsible for responding to an inquiry and that is advertised to the public as a place for reporting known or suspected child abuse or neglect or for making inquiries.
(a.5) Coercion means compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has the right or privilege to engage.
(a.6) Domestic violence, commonly known as intimate partner violence, means a pattern of violent behavior or an act, attempted act, or perceived threat of violence, stalking, harassment, or coercion that is committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.
(b) Information and referral means an initial contact from the public which does not constitute a report of abuse or neglect but is an inquiry and the response to the inquiry, as defined in rule.
(c) Inquiry means a request for information or for specific services.
(d) Mandatory reporter means a person who is required to report child abuse or neglect pursuant to section 19-3-304, C.R.S.
(e) Report means an initial report of known or suspected child abuse or neglect.
(3) (a) The state department shall develop a child abuse hotline steering committee, including state, county, and comprehensive and appropriate stakeholder representation. The state department shall appoint a person to the steering committee who is a primary provider of emergency fire fighting services, law enforcement, ambulance, emergency medical, or other emergency services and who is familiar with the emergency telephone system that uses the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations. The steering committee is expected to develop an implementation plan for a statewide child abuse reporting hotline system, which is advertised to the public and to mandatory reporters, and to make recommendations for rules relating to the operation of the hotline system and relating to consistent practices for responding to reports and inquiries. The purpose of the hotline system is to provide a direct, immediate, and efficient route to the entity responsible for accepting a report pursuant to section 19-3-307, C.R.S. The public may also contact the hotline system for inquiries. The hotline system must operate twenty-four hours a day, seven days a week. The hotline may consist of multiple methods of communication, as prescribed by rules of the state board. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director, who shall provide the report to the state board. The hotline system shall be operational and publicized statewide no later than January 1, 2015.
(b) With the express written consent of the board of county commissioners of a county, a county department may request that the state department assist that county with the taking of calls or initial contacts from the public of reports of possible child abuse or neglect or of inquiries. The executive director of the state department must approve this arrangement in writing.
(c) Based upon the recommendations of the child abuse hotline steering committee, the state department shall establish a statewide child abuse reporting hotline system.
(3.5) (a) The state department shall develop and implement a consistent screening process for a county department to follow, whenever possible, while responding to a report or inquiry submitted to the statewide child abuse reporting hotline system. The screening process must include questions about domestic violence or intimate partner violence.
(b) The state department shall develop and implement a disclosure procedure that notifies callers to the statewide child abuse reporting hotline system that calls are recorded.
(3.7) (a) The state department shall review the screening process used by county departments and hotline system operators to:
(I) Determine race; ethnicity; disability status; LGBTQ identity, if applicable; and English proficiency in a screening report and recommend a process for improving the accuracy of determining this demographic information, which must include opportunities to update the information in TRAILS, as defined in section 26-5-118;
(II) Understand the types of questions asked during the screening process to determine demographic information and recommend questions that reflect best practices and cultural competency; and
(III) Understand the sequence of questions asked during the screening process to determine demographic information and recommend a sequence of questions that better reflects best practices.
(b) The state department shall implement the recommended best practices described in subsection (3.7)(a) of this section.
(4) The state board is authorized to adopt rules, based upon the recommendations of the child abuse hotline steering committee, and may revise rules, as necessary, including but not limited to the following:
(a) The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for accepting reports pursuant to section 19-3-307, C.R.S., or to the applicable entity to respond to an inquiry, including but not limited to a single statewide toll-free telephone number, and including technologies for language translation and for communicating with people who are deaf or have hearing impairments, such as telecommunications devices for the deaf (TDD) or text telephone services (TTY), with flexibility to adapt the methods to changing and emerging technologies as appropriate;
(b) The operation of the hotline system, including the central record keeping and tracking of reports and inquiries statewide, and a requirement that the record keeping and tracking of reports and inquiries be accessible to all counties through the state's case management system;
(c) Rules governing the standards and steps for information and referral and how an inquiry is routed to the applicable entity responsible for responding to an inquiry;
(d) How an initial report to the hotline system is directly routed to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S.;
(e) A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and such arrangement must be approved by the executive director;
(f) A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;
(g) Standardized training and certification standards for all staff prior to taking reports and inquiries;
(h) A consistent screening process with criteria and steps for the county department to follow in responding to a report or inquiry that is consistent with the process set forth in subsections (3.5)(a) and (3.7)(a) of this section;
(i) Rules establishing a consistent decision-making process with criteria and steps for the county department to follow when deciding how to act on a report or inquiry or when to take no action on a report or inquiry; and
(j) A disclosure procedure that notifies callers to the hotline system that calls are recorded that is consistent with the procedure set forth in subsection (3.5)(b) of this section.
(5) The state department shall submit periodic reports to the appropriate legislative committee pursuant to the requirements of part 2 of article 7 of title 2, C.R.S., pertaining to the implementation or operation of the hotline system, the progress of implementing the hotline system, the outcomes from the operation of the hotline system, and the outcomes from the adoption of rules and practices for consistent screening, assessment, and decision-making for reports of known or suspected child abuse and neglect and for inquiries.
Source: L. 2013: Entire section added, (HB 13-1271), ch. 219, p. 1018, � 1, effective May 14. L. 2024: (2)(a.5), (2)(a.6), (3.5), (3.7), and (4)(j) added and (4)(h) and (4)(i) amended, (HB 24-1046), ch. 262, p. 1731, � 3, effective May 28.
Cross references: For the legislative declaration in HB 24-1046, see section 1 of chapter 262, Session Laws of Colorado 2024.