Amendments for SB20-106

Senate Journal, February 20
After consideration on the merits, the Committee recommends that SB20-106 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. In Colorado Revised Statutes, 26-5-101, add
(3)(q) as follows:
26-5-101. Definitions. As used in this article 5, unless the context
otherwise requires:
(3) "Child welfare services" means the provision of necessary
shelter, sustenance, and guidance to or for children who are or who, if
such services are not provided, are likely to become neglected or
dependent, as defined in section 19-3-102. "Child welfare services"
includes but is not limited to:
(q) SERVICES THAT ADDRESS ABUSE, NEGLECT, AND
YOUTH-IN-CONFLICT ISSUES FOR RUNAWAY, HOMELESS, AND
UNACCOMPANIED YOUTH, AS DEFINED IN RULES PROMULGATED BY THE
STATE DEPARTMENT PURSUANT TO SECTIONS 26-5-102 AND 26-5.7-105.
SECTION 2. In Colorado Revised Statutes, amend 26-5.7-105
as follows:
26-5.7-105. Child care facilities - homeless youth shelters -
authority - duties - rules. (1) Licensed child care facilities, licensed
homeless youth shelters, and licensed host family homes may provide
both SHELTER AND crisis intervention, services FAMILY RECONCILIATION,
and alternative residential services to homeless youth. HOMELESS YOUTH
WHO ARE FIFTEEN YEARS OF AGE OR OLDER MAY CONSENT, IN WRITING,
TO RECEIVE SUCH SHELTER AND SERVICES WITHOUT PARENTAL CONSENT
WHEN IN ACCORDANCE WITH RULES PROMULGATED BY THE STATE
DEPARTMENT PURSUANT TO SUBSECTION (8) OF THIS SECTION.
(2) Any youth admitted to a licensed child care facility, licensed
homeless youth shelter, or licensed host family home pursuant to this
article ARTICLE 5.7 and who is not returned to the home of the youth's
parent OR LEGAL GUARDIAN or is not placed in a voluntary alternative
residential placement pursuant to section 26-5.7-107 shall reside at a
facility, shelter, or licensed host family home described in subsection (1)
of this section for a period not to exceed twenty-one days from the time
of intake except as otherwise provided in this article ARTICLE 5.7. A
licensed child care facility, licensed homeless youth shelter, or a licensed
host family home shall make a concerted effort to achieve a
reconciliation of the family. If a reconciliation and voluntary return of the
youth have not been achieved within forty-eight SEVENTY-TWO hours
excluding Saturdays, Sundays, and legal holidays, from the time of intake
and the director of the facility or shelter, or other person in charge, does
not consider it likely that reconciliation will be achieved within the
twenty-one-day period, then the director of the facility or shelter, or other
person in charge, shall provide the youth and the youth's parent OR LEGAL
GUARDIAN with a statement identifying:
(a) The availability of counseling services;
(b) The availability of longer term residential arrangements; and
(c) The possibility of referral to the county department.
(3) The state department shall develop a written statement of the
rights and counseling services set forth in subsection (2) of this section
and shall distribute the statement to each law enforcement agency,
licensed child care facility, licensed homeless youth shelter, and licensed
host family home. Each law enforcement officer taking a youth into
custody pursuant to this article ARTICLE 5.7 shall provide the youth and
the youth's parent OR LEGAL GUARDIAN with a copy of the statement.
Each licensed child care facility, licensed homeless youth shelter, and
licensed host family home shall provide each resident youth and the
youth's parent OR LEGAL GUARDIAN with a copy of the statement.
(4) When a youth under fifteen years of age is admitted to a
licensed child care facility, licensed homeless youth shelter, or licensed
host family home, the director of the facility, shelter, or other person in
charge shall notify the county department of the county of residence of
the parents of the youth within seventy-two hours of the youth's
admission.
(5) If the director of the facility, shelter, or other person in charge
determines that a referral for additional services needs to be made, the
director or other person in charge shall make the referral to the
APPROPRIATE county of residence of the parents of the youth
DEPARTMENT, NOTIFY THE COUNTY DEPARTMENT OF THE FACILITY'S
RELATIONSHIP TO THE YOUTH PURSUANT TO SECTION 19-1-307 (2)(e.5)(I),
AND NOTIFY THE COUNTY DEPARTMENT OF THE DATE WHEN THE
TWENTY-ONE-DAY SHELTER TIME PERIOD WILL EXPIRE.
(6) A licensed foster care home approved as a licensed host
family home shall not accept a homeless youth for placement under this
section if there are any foster children currently placed in the home.
(7) If a youth who is at least eleven years of age but less than
fifteen years of age has been served up to twenty-one days and returns
again to the licensed child care facility, licensed homeless youth shelter,
or licensed host family home after leaving the facility, shelter, or host
home, the director of the licensed child care facility or licensed homeless
youth shelter or other person in charge shall make a referral for services
to the county of residence of the parents of the youth DEPARTMENT.
(8) THE STATE DEPARTMENT SHALL PROMULGATE RULES FOR THE
IMPLEMENTATION OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, amend 26-5.7-106
as follows:
26-5.7-106. Notification. (1) Any person who provides shelter
to a youth without the consent of the youth's parent OR LEGAL GUARDIAN
and after said person knows that the youth is away from the home of the
youth's parent OR LEGAL GUARDIAN without permission shall notify the
youth's parent, LEGAL GUARDIAN, or a law enforcement officer that the
youth is being sheltered within twenty-four hours after shelter has been
provided and after acquiring knowledge that the youth is away from the
home of the youth's parent OR LEGAL GUARDIAN without permission. IF
THE YOUTH REFUSES TO PROVIDE THE SHELTER WITH CONTACT
INFORMATION FOR THE YOUTH'S PARENT OR LEGAL GUARDIAN, THE
YOUTH'S PARENT OR LEGAL GUARDIAN IS DECEASED, OR THE SHELTER
DIRECTOR OR OTHER PERSON IN CHARGE BELIEVES THAT NOTIFYING THE
PARENT OR LEGAL GUARDIAN WOULD NOT BE IN THE YOUTH'S BEST
INTEREST DUE TO AN IMMINENT RISK OF ABUSE OR NEGLECT BY THE
PARENT OR LEGAL GUARDIAN, THE SHELTER SHALL NOTIFY THE
APPROPRIATE COUNTY DEPARTMENT.
(2) Upon admission of a youth to a licensed child care facility or
licensed homeless youth shelter pursuant to this article ARTICLE 5.7, the
facility or shelter shall:
(a) Immediately Notify the youth's parent, LEGAL GUARDIAN, OR
APPROPRIATE COUNTY DEPARTMENT of the youth's whereabouts, physical
and emotional condition, and the circumstances surrounding the youth's
placement WITHIN TWENTY-FOUR HOURS;
(b) Notify the youth's parent OR LEGAL GUARDIAN that it is the
paramount concern of the facility or shelter to achieve a reconciliation
between the parent OR LEGAL GUARDIAN and the youth, to reunify the
family, and to inform the parent OR LEGAL GUARDIAN about the
AVAILABLE alternatives; that are available;
(c) Arrange transportation for the youth to the residence of the
youth's parent OR LEGAL GUARDIAN when the youth and the parent OR
LEGAL GUARDIAN agree that the youth shall return to the home of the
youth's parent OR LEGAL GUARDIAN. The parent OR LEGAL GUARDIAN
shall reimburse the party who paid for the transportation costs to the
extent of the parent's OR LEGAL GUARDIAN'S ability.
(d) Arrange transportation for the youth to an alternative
residential placement facility when the youth and the youth's parent OR
LEGAL GUARDIAN agree to such placement. The parent OR LEGAL
GUARDIAN shall reimburse the appropriate person for transportation costs
to the extent of the parent's OR LEGAL GUARDIAN'S ability.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 5, 2020, if adjournment sine die is on May 6, 2020); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2020 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.".


Local
Government

House Journal, March 12
11 SB20-106 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend reengrossed bill, page 6, strike lines 17 through 26 and substitute:
16 "SECTION 4. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, or safety.".
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