(1) A county department may coordinate certain services to former foster care youth who request such services in order to support such former foster care youth in becoming self-sufficient adults. This section is not meant to replace services for foster care youth who remain in the custody of a county department. The determination of whether a youth who is in foster care is ready to leave the custody of the county department remains under the jurisdiction of the court.
(2) A county department may opt to serve former foster care youth who have been in the custody of the division of youth services if such youth are included in the plan for services for a successful adulthood.
(3) The department of local affairs may assist a county department in securing available housing vouchers through programs offered by the department of local affairs, such as the homeless solutions program, the housing choice voucher program, or any other appropriate supportive housing program for former foster care youth, specifically between the ages of eighteen and twenty-one, who are experiencing homelessness or imminent risk of homelessness. If appropriations are available, the department of local affairs may assist former foster care youth with security deposits related to housing.
(4) The managed care entity contracted with for the department of health care policy and financing's statewide managed care system shall assist a county department that opts to serve former foster care youth who are enrolled in medicaid.
(5) State institutions of higher education and community colleges shall work with the county departments to explore ways to support former foster care youth both financially and through other supportive services. This support includes reviewing the ability to provide tuition assistance and other fee waivers to former foster care youth.
(6) A county department may support former foster care youth pursuant to this section by developing a plan for services for a successful adulthood and transferring an amount of money out of the county's core services funding and into a fund for services for a successful adulthood.
(7) The state department of human services and the state department of local affairs shall coordinate to implement, administer, and share data, to the extent allowable by law, for the Colorado fostering success voucher program, established pursuant to section 19-7-314.5. Administration of the voucher program must consider the unique developmental and social needs of youth throughout implementation, including case management, needs, the promulgation of rules, and the creation of policies and procedures for voucher recipients.
Source: L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, � 3, effective May 18. L. 2023: (7) added, (SB 23-082), ch. 346, p. 2077, � 5, effective June 5.
26-5-114. Former foster care youth steering committee - implementation plan - recommendations - report. (1) The state department shall establish a former foster care youth steering committee that includes comprehensive and appropriate stakeholder representation from the state and county level. The state department shall convene the committee on or before October 30, 2018. The steering committee shall:
(a) Develop an implementation plan that allows former foster care youth to receive services for a successful adulthood or assistance in returning to placement, as well as alternatives to returning to placement after reaching eighteen years of age but before reaching twenty-one years of age, or a later age if so recommended by the steering committee, and after the county department's jurisdiction ends;
(b) Make recommendations relating to the operation, evaluation, and sustainability of the implementation plan. In making its recommendations, the steering committee shall use a consensus-based approach.
(c) Coordinate with other committees formed by the general assembly that have similar or overlapping jurisdictional tasks or purposes.
(2) On or before January 1, 2020, the steering committee shall submit a report with its recommendations for an implementation plan to the executive director of the department of human services; the governor; and the joint budget committee, the health and human services committee of the senate, the public health and environment committee of the house of representatives, or any successor committees.
(3) The implementation plan recommended by the steering committee pursuant to this section is not required to become operational unless adequate state and federal funding is available.
Source: L. 2018: Entire section added, (HB 18-1319), ch. 217, p. 1390, � 3, effective May 18.
26-5-115. Acquisition of driver's licenses by individuals in foster care - immunity from liability - rules. (1) On and after September 7, 2021, in addition to any other reimbursement for child welfare services described in this article 5, the state department shall reimburse a county department for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is fifteen years of age or older and under twenty-one years of age.
(2) The state department may seek and accept gifts, grants, and donations from private or public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state.
(3) (a) Nothing in this section places any liability on a county department for:
(I) Contracting with a public or private driving school to provide driving instruction to an individual who is in the custody of the county department; or
(II) An injury alleged to have occurred while an individual in the custody of the county department received driving instruction from a public or private driving school.
(b) Nothing in this section waives or limits a county department's governmental immunity, as described in article 10 of title 24.
(4) On or before December 1, 2021, the state board shall promulgate rules for the administration of this section.
Source: L. 2021: Entire section added, (HB 21-1084), ch. 203, p. 1068, � 1, effective September 7.
26-5-116. Fostering educational opportunities for youth in foster care program - creation - report. (1) There is created in the state department the fostering educational opportunities for youth in foster care program, referred to in this section as the program, to improve educational opportunities for students in out-of-home placements. The program must serve students in grades nine through twelve who are or previously were in out-of-home care, with the option to expand to grades six through eight. The program must be modeled after the Jefferson county pilot program to improve educational outcomes for foster youth described in section 24-37-404, and, as part of the program, the state department shall continue to administer the pilot program after funding for the pilot program is no longer available. Subject to available funding, the state department shall contract with at least two but no more than five additional school districts to implement the program. The state department shall select the school districts based on district need, local foster care population, and geographic diversity.
(2) (a) On July 1, 2023, and each July 1 thereafter, the state department shall publish a report on its website and submit the report to the legislative audit committee of the general assembly, the health and human services and education committees of the senate, the public and behavioral health and human services and education committees of the house of representatives, or any successor committees. The report must include information on program implementation and performance metrics of students identified in the foster care education initiative as described in section 22-32-138 (9).
(b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (2) continues indefinitely.
Source: L. 2022: Entire section added, (HB 22-1374), ch. 273, p. 1970, � 3, effective May 31.
Cross references: For the short title (the Foster Care Youth Success Act) in HB 22-1374, see section 1 of chapter 273, Session Laws of Colorado 2022.
26-5-117. Out-of-home placement for children and youth with mental or behavioral needs - funding - report - rules - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) The COVID-19 pandemic has lead to an emergency need for increased placements for children and youth with behavioral or mental health needs, including those involved with the child welfare system; and
(II) As the state works to transition to the critical requirements of the federal Family First Prevention Services Act, it must ensure a smooth transition by helping existing residential child care facilities transition to qualified residential treatment programs or psychiatric residential treatment facilities.
(b) Therefore, the general assembly declares that the state should provide resources to qualified residential treatment programs, psychiatric residential treatment facilities, or therapeutic foster care providers to address this emergency situation and ensure there are high-quality providers available to meet these needs.
(2) (a) The state department shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility. Any such licensed provider shall meet the requirements of a qualified residential treatment program, as defined in section 26-5.4-102; a psychiatric residential treatment facility, as defined in section 25.5-4-103 (19.5); treatment foster care; or therapeutic foster care.
(a.5) (I) No later than July 1, 2023, the state department, in collaboration with the department of health care policy and financing and other relevant stakeholders, including stakeholders that represent individuals with intellectual and developmental disabilities, shall form a working group to make recommendations about developing an incentive funding pool pilot program to incentivize residential treatment providers to accept and treat children and youth who are under twenty-one years of age and have high-acuity behavioral health needs or other common barriers to appropriate treatment and placement, including the presence of co-occurring disabilities.
(II) In developing the incentive funding pool, the state department may consider providing an enhanced payment, in addition to any daily bed rate authorized and paid for by public funding, and authorizing the funding pool to be used to extend and expand access to care pursuant to subsection (2)(b)(I) of this section.
(III) No later than October 1, 2023, the working group shall submit its recommendations to the joint budget committee.
(b) (I) Beginning July 1, 2022, the state department shall provide ongoing operational support for psychiatric residential treatment facilities, therapeutic foster care, treatment foster care, and qualified residential treatment programs as described in subsection (2)(a) of this section.
(II) Repealed.
(III) The use of money appropriated pursuant to this subsection (2) must conform with the allowable purposes set forth in the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(IV) This subsection (2)(b) is repealed, effective September 1, 2027.
(c) The state department and any person who receives money from the state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(d) No later than January 1, 2025, and subject to available appropriations, the state department shall expand the number of treatment beds available under the program created pursuant to subsection (2)(a) of this section.
(3) Repealed.
(4) (a) The state department shall contract with licensed providers for the delivery of services to children and youth who are determined eligible for and placed in the program. A provider that contracts with the state department shall not:
(I) Deny admittance of a child or youth if the child or youth otherwise meets the eligibility criteria for the program; or
(II) Discharge a child or youth based on the severity or complexity of the child's or youth's physical, behavioral, or mental health needs; except that the state department may arrange for the placement of a child or youth with an alternate contracted provider if the placement with the alternate provider is better suited to deliver services that meet the needs of the child or youth.
(b) The state department shall reimburse a provider directly for the costs associated with the placement of a child or youth in the program for the duration of the treatment, including the costs the provider demonstrates are necessary in order for the provider to operate continuously during this period.
(c) The state department shall coordinate with the department of health care policy and financing to support continuity of care and payment for services for any children or youth placed in the program.
(d) The state department shall reimburse the provider one hundred percent of the cost of unutilized beds in the program to ensure available space for emergency residential out-of-home placements.
(5) (a) A hospital, health-care provider, provider of case management services, school district, managed care entity, or state or county department of human or social services may refer a family for the placement of a child or youth in the program. The entity referring a child or youth for placement in the program shall submit or assist the family with submitting an application to the state department for review. The state department shall consider each application as space becomes available. The state department shall approve admissions into the program and determine admission and discharge criteria for placement.
(b) The state department shall develop a discharge plan for each child or youth placed in the program. The plan must include the eligible period of placement of the child or youth and must identify the entity that will be responsible for the placement costs if the child or youth remains with the provider beyond the date of eligibility identified in the plan.
(c) The entity or family that places the child or youth in the program retains the right to remove the child or youth from the program any time prior to the discharge date specified by the state department.
(6) As used in this section, unless the context otherwise requires:
(a) Family advocate means a parent or primary caregiver who:
(I) Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;
(II) Has raised or cared for a child or adolescent with a mental health or co-occurring disorder; and
(III) Has worked with multiple agencies and providers, such as mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.
(b) Family systems navigator means an individual who:
(I) Has been trained in a system-of-care approach to assist families in accessing and receiving services and supports;
(II) Has the skills, experience, and knowledge to work with children and youth with mental health or co-occurring disorders; and
(III) Has worked with multiple agencies and providers, including mental health, physical health, substance abuse, juvenile justice, developmental disabilities, education, and other state and local service systems.
(7) to (9) Repealed.
(10) The state department shall analyze the location of existing capacity of specialized foster care settings across the state, where gaps exist, and barriers to expanding specialized foster care settings and provide recommendations to achieve network adequacy of specialized foster care supports statewide.
(11) (a) Subject to available appropriations, the state department and the behavioral health administration shall increase the minimum reimbursement rates paid to qualified residential treatment programs for the purpose of aligning room and board payments across payer sources.
(b) The behavioral health administration shall reimburse qualified residential treatment program providers for the cost of room and board pursuant to subsection (11)(a) of this section for children and youth who are eligible for the state medical assistance program but not in the custody of a county child welfare agency.
(12) No later than December 31, 2025, and subject to available appropriations, the state department shall contract with one or more third-party vendors to implement a pilot program to assess the needs of, and provide short-term residential services for, juvenile justice-involved youth who do not meet the criteria for detention pursuant to sections 19-2.5-303 and 19-2.5-304.
(13) (a) No later than September 15, 2024, and subject to available appropriations, the state department shall contract with additional licensed providers for the delivery of services to children and youth who are determined eligible for and placed in the program created pursuant to subsection (2)(a) of this section.
(b) To the extent such data is available, the state department shall base its efforts to contract with additional licensed providers on an analysis of the Colorado child and adolescent needs and strengths data from independent assessments for children and youth who are boarding in a hospital, in a stopgap county department of human or social services office or hotel, or in a detention setting, and who are involved with the state-level multi-agency child and youth consultant team because they were denied care from a residential child care provider. Any information received and analyzed pursuant to this subsection (13)(b) must be de-identified and aggregated to maintain confidentiality and privacy of each child and youth.
Source: L. 2022: Entire section added, (HB 22-1283), ch. 185, p. 1240, � 2, effective May 18; (2)(a), (2)(b)(I), (2)(b)(II), (2)(c), IP(4)(a), (4)(a)(II), (4)(b), (4)(c), (4)(d), (5), (6), and (8) amended and (7) repealed, (HB 22-1278), ch. 222, p. 1584, � 214, effective July 1. L. 2023: (2)(a), (2)(b)(I), (2)(c), IP(4)(a), (4)(a)(II), (4)(b), (4)(c), (4)(d), (5), and (8) amended and (2)(b)(II) repealed, (HB 23-1236), ch. 206, p. 1055, � 16, effective May 16; (2)(a.5) added, (HB 23-1269), ch. 377, p. 2263, � 3, effective June 5. L. 2024: (2)(b)(III) amended, (HB 24-1466), ch. 429, p. 2943, � 32, effective June 5; (2)(d) and (10) to (13) added and (8) and (9) repealed, (HB 24-1038), ch. 459, p. 3179, � 3, effective June 6.
Editor's note: This section is similar to former � 27-60-113 as it existed prior to 2022.
Cross references: For the legislative declaration in HB 22-1283, see section 1 of chapter 185, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
26-5-118. Audit of child welfare system tools - Colorado family safety assessment - Colorado family risk assessment - domestic violence - intimate partner violence - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) 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.
(b) Colorado family risk assessment means a systematic collection and analysis of information entered into TRAILS to determine the likelihood of future maltreatment of a child or youth.
(c) Colorado family safety assessment means a systematic collection of information entered into TRAILS on family circumstances to determine whether a child is in current or impending danger and to assist with informed and reliable decision-making to mitigate safety concerns.
(d) 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.
(e) TRAILS means the statewide comprehensive child welfare case management system.
(2) (a) (I) No later than January 15, 2025, the office of the child protection ombudsman, established in section 19-3.3-102, shall select and contract with a third-party evaluator to conduct an audit on the:
(A) Colorado family safety assessment; and
(B) Colorado family risk assessment.
(II) The third-party evaluator shall create a report summarizing the results of the audit.
(b) In conducting an audit of the Colorado family risk assessment, the third-party evaluator, at a minimum, shall:
(I) Identify tools and resources to ensure the assessment is carried out consistently;
(II) Identify gaps and solutions to enable caseworkers to complete the assessment in real time while in the field;
(III) Examine the impacts of geography when using the assessment;
(IV) Examine the impacts of race and ethnicity when using the assessment and how they impact communities that are over-represented in the child welfare system;
(V) Evaluate and recommend best practices for sharing the assessment with families, legal professionals, and the judicial branch;
(VI) Evaluate and recommend best practices for training on the assessment; and
(VII) Examine the assessment for domestic violence or intimate partner violence and recommend best practices.
(c) In conducting an audit of the Colorado family safety assessment, the third party, at a minimum, shall:
(I) Examine the issues set forth in subsections (2)(b)(I) to (2)(b)(VII) of this section;
(II) Study the inter-rater reliability of the Colorado family safety assessment; and
(III) Study the required documentation for the planning and removal of the child from the child's primary caregiver.
(3) On or before March 1, 2026, the office of the child protection ombudsman shall submit the report described in subsection (2)(a)(II) of this section to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate.
Source: L. 2024: Entire section added, (HB 24-1046), ch. 262, p. 1732, � 4, effective May 28.
Cross references: For the legislative declaration in HB 24-1046, see section 1 of chapter 262, Session Laws of Colorado 2024.
26-5-119. Equity, diversity, and inclusion in child welfare system - data collection - assessment - resource and training expansion - reporting - definitions. (1) To promote equity, diversity, and inclusion in the child welfare system; expand access to culturally and linguistically appropriate service providers; and enhance equity training for child welfare staff and entities, the state department shall, as soon as practicable but no later than June 30, 2025, and each June 30 thereafter, work with county departments and other child welfare stakeholders, including stakeholders directly impacted by or involved in the child welfare system, to update the existing annual departmental equity, diversity, and inclusion report that is available on the state department's website. Notwithstanding section 24-1-136 (11)(a)(I), the state department shall submit the report to the senate health and human services committee and house health and human services committee, or their successor committees, beginning September 2025 and each subsequent year. Updates must:
(a) Use aggregated and de-identified data from the statewide comprehensive child welfare case management system, as well as other state and national child welfare clearinghouses, as appropriate. The updated report must include, at a minimum, an analysis of the disproportionalities and disparities impacting different demographic groups of children and youth and their families at key decision points in the child welfare system. The demographic data analyzed pursuant to this subsection (1)(a) must include, if available, but is not limited to:
(I) Race;
(II) Ethnicity;
(III) Language;
(IV) Gender expression;
(V) Disability status;
(VI) Sexual orientation;
(VII) National origin; and
(VIII) Income;
(b) Identify additional necessary demographic or other data about children, families, and people working in the child welfare system that is not currently collected in the statewide comprehensive child welfare case management system, the child welfare worker training system, or other components and data systems of the child welfare system, and, in collaboration with counties, determine internal or external processes and make recommendations for improving data collection and reporting statewide;
(c) Provide, in collaboration with counties, an updated report on the state's progress in addressing data collection and data entry challenges in the statewide comprehensive child welfare case management system to ensure accurate reporting of demographic data; and
(d) Provide, in collaboration with counties, an updated report on the state's progress in training child welfare staff on:
(I) Protocols for requesting demographic information from children and youth and their families;
(II) Improvements to the statewide comprehensive child welfare case management system for accurate reporting of client responses consistent with national best practices for data collection of demographic information; and
(III) Improvements to practices for families to self-report demographic information to counties;
(e) In partnership with the office of the child protection ombudsman, created in section 19-3.3-102, report on any efforts to implement the recommendations from the mandatory reporter task force final report, pursuant to section 19-3-304.2 (10), on training mandatory reporters how to decrease the disproportionate impacts and disparities that impact the child welfare system; and
(f) Report on the state's progress in training the child welfare workforce in reducing bias and in promoting equity, diversity, and inclusion, and on progress in the training's alignment with current research and best practices in promoting equity, diversity, and inclusion pursuant to subsection (2) of this section.
(2) (a) The state department shall strengthen equity, diversity, and inclusion training for child welfare staff to ensure all children and families are equitably served by the child welfare system. Equity, diversity, and inclusion training must be provided as a component of the required annual child welfare work training for child welfare workers, and equity, diversity, and inclusion training must be included with the training with the child welfare training academy for new child welfare staff established in section 26-5-109.
(b) County and state child welfare workers, supervisors, and directors shall participate in the training provided pursuant to this subsection (2) to promote equity, diversity, and inclusion. Qualified trainers with experience in promoting and teaching principles and strategies of equity, diversity, and inclusion in child welfare must provide the training. Training topics may include, but are not limited to:
(I) The historical inequities in Colorado's child welfare and education systems;
(II) Implicit and explicit bias;
(III) Reading data addressing disproportionalities;
(IV) Addressing disproportionalities in child welfare systems;
(V) Identifying and defeating bias;
(VI) Effective communication on racial and ethnic identity with families to collect data and provide culturally and linguistically appropriate services; and
(VII) How to positively engage families in decision-making to better support families of varying backgrounds.
(c) The training must be evaluated for its impact and outcomes, including, but not limited to, the training's impact in reducing bias among participants, improving positive family engagement, and increasing family engagement in decision-making.
(d) The state department shall consider providing equity, diversity, and inclusion training to other entities and agencies involved in child welfare matters to ensure proficiency in addressing disparities and disproportionality in the state's child welfare system.
(3) Any changes to the child welfare allocations funding model established in section 26-5-103.7 must consider resources to improve equitable outcomes.
(4) For the purposes of this section, unless the context otherwise requires:
(a) Disparity means a situation in which inequitable outcomes are experienced by one racial, ethnic, or other demographic group as compared to another racial, ethnic, or other demographic group at the same decision-making point in time.
(b) Disproportionality means a situation in which the proportion of one group in the child welfare population is either proportionately overrepresented or underrepresented when compared to the general population.
(c) Equity means a point when all people achieve equal outcomes, are treated fairly and justly, and when demographic factors do not determine or influence child welfare outcomes.
(d) Key decision points include, but are not limited to, a child's or youth's referral, assessment, founded report, entry into foster care, time during foster care, and exit from foster care.
Source: L. 2024: Entire section added, (SB 24-200), ch. 453, p. 3146, � 3, effective August 7.
Cross references: For the legislative declaration in SB 24-200, see section 1 of chapter 453, Session Laws of Colorado 2024.