SB 24-202

Senate Bill 24-202 changes how child support fees are handled for children in foster care. Instead of requiring parents to pay a fee through a court order, the bill allows social services agencies to decide when and if such fees should be charged based on new rules set by the state board. It also limits the assignment of child support payments to cover only current costs rather than past expenses. This bill was signed into law on May 22, 2024, and took effect immediately on that same day.

Official Summary

Current Colorado law requires that a decree providing for placement of a child with a public agency be accompanied by a court order that obligates the child's parent to pay a fee, based on the parent's ability to pay. The fee covers the costs of a guardian ad litem and of providing for residential care of the child. The act removes the requirement for a court order obligating a child's parent to pay the fee for residential child care and guardian ad litem costs. Instead, the act authorizes a delegate child support enforcement unit to impose a fee only when a county child welfare unit determines a referral is appropriate in accordance with rules promulgated by the state board of human services (state board). The act removes the requirements that this fee be based on a parent's ability to pay and that the fee cover the cost of a guardian ad litem. Current Colorado law assigns child support by operation of law to the state department of human services to reimburse county, state, and federal out-of-home placement costs when a child is placed in foster care. The act limits assignments to current, rather than previously accrued, child support obligations. The act grants a delegate child support enforcement unit discretion to enforce a child support obligation when a county child welfare unit determines a referral is appropriate in accordance with rules promulgated by the state board. APPROVED by Governor May 22, 2024 EFFECTIVE May 22, 2024(Note: This summary applies to this bill as enacted.)

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