A Bill for an Act
Page 1, Line 101Concerning measures to support children in out-of-home
Page 1, Line 102placements in family-based settings through the
Page 1, Line 103creation of placement transition plans.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires the department of human services (department) to develop and adopt a placement transition plan (plan) template that outlines how a county or district department of human or social services (county department) will transition a child from one out-of-home placement in a foster care home, kinship foster care home, or non-certified kinship care home (placement) to another or back to the child's home. The purpose of the plan is to create consistency in transitioning children from one placement to another and to prevent children from experiencing unnecessary or abrupt placement changes that affect their well-being or sense of security.
The plan, at a minimum, must include:
- A determination of pre-transition logistics to adequately prepare for the child's new placement;
- A framework for pre-transition communications between the county department caseworker and individuals who are directly involved in the transition to ensure the transition is child-centered, trauma-informed, and in compliance with the rights of children and youth in foster care;
- A timeline to transition the child to a new placement;
- A plan to physically move the child to the new placement; and
- A framework for post-transition communications.
The department, within existing resources, shall create a training on the importance of plans that is recorded and made available on a training system that can be accessed statewide. The training must focus on plans and individuals who have lived experience with placement transitions.
Newly employed county caseworkers must complete the training within the first year of employment as a county caseworker. All caseworkers must complete this training every 3 years. A foster care, kinship foster care, or non-certified kinship care provider (provider) may complete the training and may receive support from the department or the county department to improve the provider's skills in transitioning a child in the provider's care from one placement to another.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 19-3-213.5 as follows:
Page 2, Line 319-3-213.5. Placement transition plans - out-of-home
Page 2, Line 4placements in family-based settings - training - rules - definitions.
Page 2, Line 5(1) As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) "Individualized placement transition plan" means a
Page 3, Line 1plan developed pursuant to subsection (2)(a) of this section to
Page 3, Line 2prevent children in placements in foster care homes, kinship
Page 3, Line 3foster care homes, or non-certified kinship care homes from
Page 3, Line 4experiencing unnecessary or abrupt placement changes after a
Page 3, Line 5decision has been made by the county department, by the court, or by agreement between parties for a change of placement.
Page 3, Line 6(b) "Placement" means placement in a foster care home or
Page 3, Line 7a kinship foster care home, as both are defined in section 26-6-903, or a non-certified kinship care home.
Page 3, Line 9(c) "Provider" means a foster care parent or a relative or
Page 3, Line 10kin who provides kinship foster care and who is certified to
Page 3, Line 11operate a kinship foster care home pursuant to section 26-6-910.
Page 3, Line 12"Provider" also includes a relative or kin who provides
Page 3, Line 13non-certified kinship care, as defined in section 26-6-903, to a child.
Page 3, Line 14(2) (a) (I) On or before July 1, 2026, absent an emergency
Page 3, Line 15placement change, a county department child welfare
Page 3, Line 16caseworker shall create an individualized placement transition
Page 3, Line 17plan for a child any time the child is moved from one placement
Page 3, Line 18in a foster care home, kinship foster care home, or non-certified
Page 3, Line 19kinship care home to another or is moved from any placement
Page 3, Line 20back to the child's home. An individualized placement transition
Page 3, Line 21plan must prioritize the mental, emotional, and physical needs
Page 3, Line 22of the child while considering the needs of the parents, current
Page 3, Line 23providers, and future providers, as the needs of the parents,
Page 3, Line 24current providers, and future providers relate to the care of
Page 4, Line 1the child. The county department child welfare caseworker
Page 4, Line 2shall document the individualized placement transition plan in the state automated case management system.
Page 4, Line 4(II) The individualized placement transition plan must be
Page 4, Line 5developed in a meeting with all parties to the case, the current
Page 4, Line 6and prospective providers, and the child if it is appropriate to the
Page 4, Line 7child's age or developmental level. If a party or provider does
Page 4, Line 8not agree to participate in the meeting, the party or provider
Page 4, Line 9waives their right to weigh in on the placement transition plan.
Page 4, Line 10If all parties and providers agree that a meeting is not required, the meeting may be waived.
Page 4, Line 11(III) If a sibling group is moved from a placement together,
Page 4, Line 12the county department child welfare caseworker may develop
Page 4, Line 13one individualized placement transition plan for the sibling
Page 4, Line 14group as long as the plan takes into account the individualized needs of each child.
Page 4, Line 15(IV) The individualized placement transition plan must
Page 4, Line 16not be used to slow down the return of a child to the child's
Page 4, Line 17home.The court may order a specific date for completion of the
Page 4, Line 18individualized placement transition plan to ensure that an
Page 4, Line 19agreed upon or court-ordered change in placement is not
Page 4, Line 20delayed due to the requirement to complete an individualized placement transition plan.
Page 4, Line 22(b) A county department's individualized placement
Page 4, Line 23transition plan created pursuant to subsection(2)(a)(I)of this
Page 5, Line 1section does not override a court order for the placement of a
Page 5, Line 2child.The court may order an individualized placement
Page 5, Line 3transition plan for a child who is moved to a new placement as a result of the court's order.
Page 5, Line 4(3) An individualized placement transition plan must include, but not be limited to:
Page 5, Line 5(a) Pre-transition logistics to adequately prepare for the child's new placement, which include:
Page 5, Line 6(I) Identifying individuals responsible for each element of the individualized placement transition plan;
Page 5, Line 7(II) Determining the time frames for the impending placement change;
Page 5, Line 8(III) Identifying opportunities for the child to visit or contact the future provider prior to the transition;
Page 5, Line 9(IV) Identifying opportunities prior to the transition for the child to spend time with connections that may be lost;
Page 5, Line 10(V) Identifying opportunities the child may have to
Page 5, Line 11maintain contact with the current provider with primary
Page 5, Line 12consideration to the mental, emotional, and physical needs of
Page 5, Line 13the child and taking into consideration the preferences of the child and the future provider;
Page 5, Line 14(VI) Determining, when applicable, how a child will
Page 5, Line 15maintain connections with siblings when siblings are not placed together, as set forth in section 19-7-204;
Page 5, Line 16(VII) Ensuring the child has their belongings and current
Page 5, Line 17medications, that the child's belongings are carefully packed in
Page 5, Line 18appropriate luggage to avoid damage, and that there is
Page 6, Line 1transportation of the child's belongings to the placement, as described in section 19-7-101;
Page 6, Line 2(VIII) Providing the child's records and information, as
Page 6, Line 3described in section 19-3-210.5 (1)(i), to the future provider,
Page 6, Line 4subject to any privilege or confidentiality standard recognized or governed by state or federal law;
Page 6, Line 5(IX) Sharing information between the current provider
Page 6, Line 6and the future provider upon the consent of both providers and the child;
Page 6, Line 7(X) Identifying whether the child's current health care
Page 6, Line 8and mental health services will continue or transition to new providers;
Page 6, Line 9(XI) Communicating the individualized placement transition plan with the child in an age-appropriate manner;
Page 6, Line 10(XII) Planning to physically move the child to the new
Page 6, Line 11placement by someone known to the child, to the extent possible; and
Page 6, Line 12(XIII) Supporting a child who is found to be an Indian child
Page 6, Line 13to maintain or develop connections with the child's tribe
Page 6, Line 14pursuant to the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901, et seq.
Page 6, Line 15(b) A plan for pre-transition and post-transition
Page 6, Line 16communications between individuals who have relevant
Page 6, Line 17information for the transition. The pre-transition and
Page 6, Line 18post-transition communications must be child-centered,
Page 6, Line 19trauma-informed, and in compliance with the rights of children
Page 6, Line 20and youth in foster care, as described in section 19-7-101.
Page 7, Line 1(c) A timeline to transition the child to a new placement, which must include:
Page 7, Line 2(I) Notifying the child, current provider, and future
Page 7, Line 3provider before the move so the child may spend time with the
Page 7, Line 4future provider or spend time with service providers, school
Page 7, Line 5supports, or other connections who may be lost after the move; and
Page 7, Line 6(II) Establishing an alternative timeline, if necessary, that allows a child to move immediately if:
Page 7, Line 7(A) There are safety concerns for the child's physical or emotional safety in the current placement;
Page 7, Line 8(B) The current provider gives notice that they can no
Page 7, Line 9longer care for the child and the transition timeline must be shortened;
Page 7, Line 10(C) The child requests an immediate move to a new
Page 7, Line 11placement, which must remain confidential from the current provider; or
Page 7, Line 12(D) The court orders a change in placement to occur sooner than a transition plan would allow;
Page 7, Line 13(d) A plan to physically move the child to the new placement, which must include:
Page 7, Line 14(I) Moving the child to the new placement by someone known to the child, to the extent practicable; and
Page 7, Line 15(II) Notifying the previous provider that the child arrived safely to the new placement;
Page 7, Line 16(e) A framework for a county department child welfare
Page 8, Line 1caseworker's post-transition communications, which must include:
Page 8, Line 2(I) Providing a status update on the child to the previous
Page 8, Line 3provider, unless there is a safety concern in providing a status
Page 8, Line 4update to the previous provider, a party objects to sharing
Page 8, Line 5confidential information, or a court order prohibits the release of information to the previous provider; and
Page 8, Line 6(II) Communicating with the current provider and
Page 8, Line 7previous provider, if requested by the previous provider prior to
Page 8, Line 8the transition, to determine how the transition went and if the current provider or previous provider needs any support.
Page 8, Line 9(4) (a) The department, within existing resources, shall
Page 8, Line 10create a training on the importance of placement transition
Page 8, Line 11plans that is recorded and made available on a training system
Page 8, Line 12that can be accessed statewide. The training must focus on
Page 8, Line 13placement transition plans and on individuals who have lived
Page 8, Line 14experience with placement transitions, including an emphasis on individuals who experienced placement transitions.
Page 8, Line 15(b) (I) New county department child welfare caseworkers
Page 8, Line 16must complete the training described in subsection (4)(a) of this
Page 8, Line 17section within the first year of employment as a county department child welfare caseworker.
Page 8, Line 18(II) All county department child welfare caseworkers
Page 8, Line 19may complete the training described in subsection (4)(a) of this section every three years.
Page 8, Line 20(c) A provider may complete the training on placement
Page 8, Line 21transition plans described in subsection (4)(a) of this section and
Page 9, Line 1may receive support from the department or the county
Page 9, Line 2department pursuant to section 19-3-210.5 (1)(c) to improve the
Page 9, Line 3provider's skills in transitioning a child in the provider's care from one placement to another.
Page 9, Line 4(5) This section does not alter state law criteria that
Page 9, Line 5determines placement changes for a child or that returns a child to a parent's custody.
Page 9, Line 6(6) The department may adopt rules for purposes of this section.
Page 9, Line 7SECTION 2. In Colorado Revised Statutes, 19-3-213, amend (1) introductory portion and (1)(a) as follows:
Page 9, Line 819-3-213. Placement criteria. (1) In
anyPage 9, Line 9county department recommends placement out of the home for a child or
Page 9, Line 10in which a child is in out-of-home placement, the court, the guardian ad
Page 9, Line 11litem, the county department,
anyPage 9, Line 12shall consider the best interests of the child and shall comply with the following placement criteria:
Page 9, Line 13(a) Prior to the change of placement of a child, the county
Page 9, Line 14department shall, to the extent possible, notify the guardian ad litem or
Page 9, Line 15counsel for youth,
anyanyPage 9, Line 16party disagrees with the change of placement, the party may seek an
Page 9, Line 17emergency hearing concerning the appropriate placement for
aPage 9, Line 18In an emergency, the county department may proceed to make the change
Page 9, Line 19of placement prior to
anyPage 9, Line 20creating an individualized placement transition plan, as
Page 9, Line 21described in section 19-3-213.5 (2)(a). Absent an emergency
Page 9, Line 22placement change, prior to the change of placement of a child,
Page 10, Line 1the county department shall create an individualized placement transition plan, as described in section 19-3-213.5 (2)(a).
Page 10, Line 2SECTION 3. Safety clause. The general assembly finds,
Page 10, Line 3determines, and declares that this act is necessary for the immediate
Page 10, Line 4preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 5the support and maintenance of the departments of the state and state institutions.