HB 23-1043

House Bill 23-1043, which has been approved by the governor and will take effect on August 7, 2023, clarifies how Colorado's county departments of human or social services and local law enforcement agencies should handle emergency placements of children with relatives or close family members. The bill requires initial background checks before placing a child in an emergency situation and more thorough fingerprint-based checks within two weeks to ensure the safety of the child. If these checks reveal certain criminal convictions, the placement can be denied or removed unless a court reviews it and decides otherwise. This law aims to protect children while allowing for placements with relatives when appropriate.

Official Summary

The act clarifies the procedures for emergency and nonemergency continuing placement of a child or youth that a county department of human or social services (county department) or a local law enforcement agency (law enforcement) with custody of the child or youth shall follow before making the emergency or nonemergency continuing placement of a child or youth with a relative or kin. For emergency placements, the county department or law enforcement shall perform an initial criminal history record check (initial check) on the relative or kin and any adult who resides at the home (adults) using Colorado and federal databases. If the initial check reveals certain criminal convictions, the county department or law enforcement shall not place the child or youth in that home on an emergency basis. If the initial check does not reflect certain criminal convictions on the part of the adults, the child or youth may be placed in the home on an emergency basis. If the child or youth has been placed with a relative or kin on an emergency basis, the adults shall, no more than 14 days after the placement, submit a complete set of fingerprints to the county department or another designated third party to conduct a state and national fingerprint-based criminal history record check. If the results of the fingerprint-based criminal history record check reveal a felony conviction, the child or youth must be immediately removed from the placement unless there is a motion regarding placement pending before the court. A court may review the placement and affirm or deny placement of the child or youth with the relative or kin. The act sets forth the criminal offenses or other matters that qualify for the denial of placement of a child or youth with the relative or kin. A county department may make a placement with a relative or kin who would otherwise be disqualified if such placement conforms with rules promulgated by the state board of human services or if a court affirms the placement. The state board of human services is granted authority to promulgate rules concerning emergency and nonemergency, continuing placement of children and youth with relatives or kin. APPROVED by Governor March 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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