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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Individualized placement transition plan" means a
Page 2, Line 6plan developed pursuant to subsection (2)(a) of this section to
Page 3, Line 1prevent children in placements in foster care homes, kinship
Page 3, Line 2foster care homes, or non-certified kinship care homes from
Page 3, Line 3experiencing unnecessary or abrupt placement changes after a
Page 3, Line 4decision has been made by the county department, by the court, or by agreement between parties for a change of placement.
Page 3, Line 5(b) "Placement" means placement in a foster care home or
Page 3, Line 6a kinship foster care home, as both are defined in section 26-6-903, or a non-certified kinship care home.
Page 3, Line 8(c) "Provider" means a foster care parent or a relative or
Page 3, Line 9kin who provides kinship foster care and who is certified to
Page 3, Line 10operate a kinship foster care home pursuant to section 26-6-910.
Page 3, Line 11"Provider" also includes a relative or kin who provides
Page 3, Line 12non-certified kinship care, as defined in section 26-6-903, to a child.
Page 3, Line 13(2) (a) (I) On or before July 1, 2026, absent an emergency
Page 3, Line 14placement change, a county department child welfare
Page 3, Line 15caseworker shall create an individualized placement transition
Page 3, Line 16plan for a child any time the child is moved from one placement
Page 3, Line 17in a foster care home, kinship foster care home, or non-certified
Page 3, Line 18kinship care home to another or is moved from any placement
Page 3, Line 19back to the child's home. An individualized placement transition
Page 3, Line 20plan must prioritize the mental, emotional, and physical needs
Page 3, Line 21of the child while considering the needs of the parents, current
Page 3, Line 22providers, and future providers, as the needs of the parents,
Page 3, Line 23current providers, and future providers relate to the care of
Page 3, Line 24the child. The county department child welfare caseworker
Page 4, Line 1shall document the individualized placement transition plan in the state automated case management system.
Page 4, Line 3(II) The individualized placement transition plan must be
Page 4, Line 4developed in a meeting with all parties to the case, the current
Page 4, Line 5and prospective providers, and the child if it is appropriate to the
Page 4, Line 6child's age or developmental level. If a party or provider does
Page 4, Line 7not agree to participate in the meeting, the party or provider
Page 4, Line 8waives their right to weigh in on the placement transition plan.
Page 4, Line 9If all parties and providers agree that a meeting is not required, the meeting may be waived.
Page 4, Line 10(III) If a sibling group is moved from a placement together,
Page 4, Line 11the county department child welfare caseworker may develop
Page 4, Line 12one individualized placement transition plan for the sibling
Page 4, Line 13group as long as the plan takes into account the individualized needs of each child.
Page 4, Line 14(IV) The individualized placement transition plan must
Page 4, Line 15not be used to slow down the return of a child to the child's
Page 4, Line 16home.The court may order a specific date for completion of the
Page 4, Line 17individualized placement transition plan to ensure that an
Page 4, Line 18agreed upon or court-ordered change in placement is not
Page 4, Line 19delayed due to the requirement to complete an individualized placement transition plan.
Page 4, Line 21(b) A county department's individualized placement
Page 4, Line 22transition plan created pursuant to subsection(2)(a)(I)of this
Page 4, Line 23section does not override a court order for the placement of a
Page 5, Line 1child.The court may order an individualized placement
Page 5, Line 2transition plan for a child who is moved to a new placement as a result of the court's order.
Page 5, Line 3(3) An individualized placement transition plan must include, but not be limited to:
Page 5, Line 4(a) Pre-transition logistics to adequately prepare for the child's new placement, which include:
Page 5, Line 5(I) Identifying individuals responsible for each element of the individualized placement transition plan;
Page 5, Line 6(II) Determining the time frames for the impending placement change;
Page 5, Line 7(III) Identifying opportunities for the child to visit or contact the future provider prior to the transition;
Page 5, Line 8(IV) Identifying opportunities the child may have to
Page 5, Line 9maintain contact with the current provider with primary
Page 5, Line 10consideration to the mental, emotional, and physical needs of
Page 5, Line 11the child and taking into consideration the preferences of the child and the future provider;
Page 5, Line 12(V) Determining, when applicable, how a child will
Page 5, Line 13maintain connections with siblings when siblings are not placed together, as set forth in section 19-7-204;
Page 5, Line 14(VI) Ensuring the child has their belongings and current
Page 5, Line 15medications, that the child's belongings are carefully packed in
Page 5, Line 16appropriate luggage to avoid damage, and that there is
Page 5, Line 17transportation of the child's belongings to the placement, as described in section 19-7-101;
Page 5, Line 18(VII) Providing the child's records and information, as
Page 6, Line 1described in section 19-3-210.5 (1)(i), to the future provider,
Page 6, Line 2subject to any privilege or confidentiality standard recognized or governed by state or federal law;
Page 6, Line 3(VIII) Sharing information between the current provider and the future provider upon the consent of both providers;
Page 6, Line 4(IX) Identifying whether the child's current health care
Page 6, Line 5and mental health services will continue or transition to new providers;
Page 6, Line 6(X) Communicating the individualized placement transition plan with the child in an age-appropriate manner;
Page 6, Line 7(XI) Planning to physically move the child to the new placement; and
Page 6, Line 8(XII) Supporting a child who is found to be an Indian child
Page 6, Line 9to maintain or develop connections with the child's tribe
Page 6, Line 10pursuant to the federal "Indian Child Welfare Act of 1978", 25 U.S.C. sec. 1901, et seq.
Page 6, Line 11(b) A plan for pre-transition communications between
Page 6, Line 12individuals who have relevant information for the transition.
Page 6, Line 13The pre-transition communications must be child-centered,
Page 6, Line 14trauma-informed, and in compliance with the rights of children and youth in foster care, as described in section 19-7-101.
Page 6, Line 16(c) A timeline to transition the child to a new placement, which must include:
Page 6, Line 17(I) Notifying the child, current provider, and future
Page 6, Line 18provider before the move so the child may spend time with the
Page 6, Line 19future provider or spend time with service providers, school
Page 7, Line 1supports, or other connections who may be lost after the move; and
Page 7, Line 2(II) Establishing an alternative timeline, if necessary, that allows a child to move immediately if:
Page 7, Line 3(A) There are safety concerns for the child's physical or emotional safety in the current placement;
Page 7, Line 4(B) The current provider gives notice that they can no
Page 7, Line 5longer care for the child and the transition timeline must be shortened;
Page 7, Line 6(C) The child requests an immediate move to a new
Page 7, Line 7placement, which must remain confidential from the current provider; or
Page 7, Line 8(D) The court orders a change in placement to occur sooner than a transition plan would allow;
Page 7, Line 9(d) A plan to physically move the child to the new placement, which must include:
Page 7, Line 10(I) Moving the child to the new placement by someone known to the child, to the extent practicable; and
Page 7, Line 11(II) Notifying the previous provider that the child arrived safely to the new placement;
Page 7, Line 12(e) A framework for a county department child welfare
Page 7, Line 13caseworker's post-transition communications, which must include:
Page 7, Line 14(I) Providing a status update on the child to the previous
Page 7, Line 15provider, unless there is a safety concern in providing a status
Page 7, Line 16update to the previous provider, a party objects to sharing
Page 7, Line 17confidential information, or a court order prohibits the release of information to the previous provider; and
Page 8, Line 1(II) Communicating with the current provider and
Page 8, Line 2previous provider, if requested by the previous provider prior to
Page 8, Line 3the transition, to determine how the transition went and if the current provider or previous provider needs any support.
Page 8, Line 4(4) (a) The department, within existing resources, shall
Page 8, Line 5create a training on the importance of placement transition
Page 8, Line 6plans that is recorded and made available on a training system
Page 8, Line 7that can be accessed statewide. The training must focus on
Page 8, Line 8placement transition plans and on individuals who have lived
Page 8, Line 9experience with placement transitions, including an emphasis on individuals who experienced placement transitions.
Page 8, Line 10(b) (I) New county department child welfare caseworkers
Page 8, Line 11must complete the training described in subsection (4)(a) of this
Page 8, Line 12section within the first year of employment as a county department child welfare caseworker.
Page 8, Line 13(II) All county department child welfare caseworkers
Page 8, Line 14may complete the training described in subsection (4)(a) of this section every three years.
Page 8, Line 15(c) A provider may complete the training on placement
Page 8, Line 16transition plans described in subsection (4)(a) of this section and
Page 8, Line 17may receive support from the department or the county
Page 8, Line 18department pursuant to section 19-3-210.5 (1)(c) to improve the
Page 8, Line 19provider's skills in transitioning a child in the provider's care from one placement to another.
Page 8, Line 20(5) This section does not alter state law criteria that
Page 8, Line 21determines placement changes for a child or that returns a child to a parent's custody.
Page 9, Line 1SECTION 2. In Colorado Revised Statutes, 19-3-213, amend (1) introductory portion and (1)(a) as follows:
Page 9, Line 219-3-213. Placement criteria. (1) In
anyPage 9, Line 3county department recommends placement out of the home for a child or
Page 9, Line 4in which a child is in out-of-home placement, the court, the guardian ad
Page 9, Line 5litem, the county department,
anyPage 9, Line 6shall consider the best interests of the child and shall comply with the following placement criteria:
Page 9, Line 7(a) Prior to the change of placement of a child, the county
Page 9, Line 8department shall, to the extent possible, notify the guardian ad litem or
Page 9, Line 9counsel for youth,
anyanyPage 9, Line 10party disagrees with the change of placement, the party may seek an
Page 9, Line 11emergency hearing concerning the appropriate placement for
aPage 9, Line 12In an emergency, the county department may proceed to make the change
Page 9, Line 13of placement prior to
anyPage 9, Line 14creating an individualized placement transition plan, as
Page 9, Line 15described in section 19-3-213.5 (2)(a). Absent an emergency
Page 9, Line 16placement change, prior to the change of placement of a child,
Page 9, Line 17the county department shall create an individualized placement transition plan, as described in section 19-3-213.5 (2)(a).
Page 9, Line 18SECTION 3. Safety clause. The general assembly finds,
Page 9, Line 19determines, and declares that this act is necessary for the immediate
Page 9, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 21the support and maintenance of the departments of the state and state institutions.