A Bill for an Act
Page 1, Line 101Concerning measures to prevent youth from running away
Page 1, Line 102from out-of-home placements, and, in connection
Page 1, Line 103therewith, preventing children or youth from running
Page 1, Line 104away from residential child care facilities.
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 Timothy Montoya task force (task force):
- Analyzed the root causes of why a child or youth runs away from an out-of-home placement;
- Developed consistent, prompt and effective responses to recover a missing child or youth;
- Addressed the safety and well-being of a child or youth upon the child's or youth's return to the out-of-home placement; and
- Made recommendations.
- Identify and adapt a runaway risk assessment tool to predict a child's or youth's risk for running away from a facility;
- Begin the process of developing a statewide data platform to collect and store data regarding children or youth who run away from facilities across the state; and
- Conduct an inventory survey of the physical infrastructure of facilities statewide to assess the physical infrastructure needs of the facilities.
The bill implements the task force recommendations that focus on preventing a child or youth from running away from a residential child care facility (facility).
The bill requires the office of the child protection ombudsman (office) to contract with one or more institutions of higher education or third-party consultants (contractors), on or before July 1, 2025, to:
On or before June 1, 2026, the contractors shall submit reports to the office summarizing the progress and development of the runaway risk assessment tool, the statewide data platform, and the inventory survey. On or before July 1, 2026, the office shall submit a report to the health and human services committees of the house of representatives and the senate, or their successor committees, summarizing the reports of the contractors.
The bill requires each facility, on or before July 1, 2026, to develop a policy that outlines how the facility responds to a child or youth who threatens or attempts to run away from care. The policy must include whether the facility uses physical restraints. Each facility shall provide a copy of the policy to parents, legal guardians, or custodians during the child's or youth's intake at the facility.
When a facility discovers that a child or youth is missing from its care, the facility shall notify the child's or youth's parent, legal guardian, or custodian within 24 hours after the discovery of the missing child or youth. If the facility cannot make initial contact with the child's or youth's parent, legal guardian, or custodian, the facility must make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that:
Page 3, Line 1(a) Colorado provides out-of-home care to some of Colorado's
Page 3, Line 2most vulnerable youth, including children or youth who are placed in out-of-home placements for their behavioral health needs;
Page 3, Line 3(b) Children or youth run away from out-of-home placements each year, but Colorado does not have:
Page 3, Line 4(I) A standardized statewide system in place to prevent children or youth from running away;
Page 3, Line 5(II) Protocols to actively locate children or youth while they are gone; or
Page 3, Line 6(III) A standard process to provide consistent care for children or youth when they return to out-of-home placements;
Page 3, Line 7(c) In June 2020, 12-year-old Timothy Montoya ran away from a
Page 3, Line 8residential child care facility. While he was away from the residential child care facility, he was hit by a car and killed.
Page 3, Line 9(d) In response to Timothy Montoya's death, the Timothy
Page 3, Line 10Montoya Task Force to Prevent Children from Running Away from
Page 3, Line 11Out-of-Home Placements was formed to analyze the root causes of why
Page 3, Line 12children or youth run away from out-of-home placements and to issue
Page 3, Line 13recommendations to help improve the system designated to care for children or youth;
Page 3, Line 14(e) The Task Force found that there is no cohesive statewide
Page 3, Line 15system in place to address the needs of the children or youth who run away from out-of-home placements;
Page 3, Line 16(f) To address this problem, the Task Force issued a series of
Page 3, Line 17recommendations to develop an appropriate continuum of care for
Page 3, Line 18children or youth, beginning when they are admitted into an out-of-home
Page 3, Line 19placement and ending after they return to the out-of-home placement after running away; and
Page 4, Line 1(g) The Task Force's recommendations to develop an appropriate continuum of care focus on the following areas:
Page 4, Line 2(I) Preventing children or youth from running away from out-of-home placements;
Page 4, Line 3(II) Responding when children or youth run away from out-of-home placements; and
Page 4, Line 4(III) Ensuring that children or youth who run away receive
Page 4, Line 5appropriate medical and mental evaluations and care when they return to the out-of-home placements.
Page 4, Line 6(2) (a) The general assembly finds, therefore, that the first step in
Page 4, Line 7the foundation of a continuum of care for children or youth who run away
Page 4, Line 8from out-of-home placements is to implement the Task Force's
Page 4, Line 9recommendation regarding efforts to prevent children or youth from
Page 4, Line 10running away, beginning with a focus on residential child care facilities and later expanding efforts to other out-of-home placements.
Page 4, Line 11(b) The general assembly further declares that an appropriate
Page 4, Line 12continuum of care must be implemented in whole to effectively serve children or youth.
Page 4, Line 13SECTION 2. In Colorado Revised Statutes, add 19-3.3-112 as follows:
Page 4, Line 1419-3.3-112. Systems and tools to prevent children or youth
Page 4, Line 15from running away - residential child care facility - report -
Page 4, Line 16definitions. (1) As used in this section, unless the context otherwise requires:
Page 4, Line 17(a) "Child or youth who has run away" means a child or
Page 4, Line 18youth who has left and remains away from a residential child care facility without permission.
Page 5, Line 2(b) "Residential child care facility" has the same meaning as set forth in section 26-6-903.
Page 5, Line 3(2) (a) The office shall conduct a statewide inventory
Page 5, Line 4survey of the physical infrastructure of residential child care facilities to address, at a minimum:
Page 5, Line 5(I) The physical infrastructure currently in place to deter children and youth from running away; and
Page 5, Line 6(II) The physical infrastructure needed to deter children and youth from running away.
Page 5, Line 7(b) The office shall consult with the state department to
Page 5, Line 8develop the inventory survey. Physical infrastructure needs
Page 5, Line 9may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.
Page 5, Line 10(3) On or before July 1, 2026, the office shall submit a
Page 5, Line 11report to the health and human services committee of the house
Page 5, Line 12of representatives and the senate, or their successor
Page 5, Line 13committees, that summarizes the results of the physical
Page 5, Line 14infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section.
Page 5, Line 15SECTION 3. In Colorado Revised Statutes, add 26-6-924 as follows:
Page 5, Line 1626-6-924. Residential child care facility - notice - policy -
Page 5, Line 17definition. (1) As used in this section, unless the context otherwise requires:
Page 5, Line 18(a) "Child" has the same meaning as set forth in section 19-1-103.
Page 6, Line 1(b) "Youth" has the same meaning as set forth in section 19-1-103.
Page 6, Line 2(2) (a) On or before July 1, 2026, each residential child
Page 6, Line 3care facility in the state shall develop an efficient,
Page 6, Line 4well-structured, and trauma-informed policy that outlines how
Page 6, Line 5the residential child care facility responds to a child or youth
Page 6, Line 6who threatens or attempts to run away from care. The policy
Page 6, Line 7must include whether the residential child care facility uses
Page 6, Line 8physical restraints. The policy must include any other
Page 6, Line 9information the state department adopts by rule pursuant to subsection (2)(c) of this section.
Page 6, Line 10(b) Each residential child care facility shall provide a
Page 6, Line 11copy of the policy to the child or youth and the child's or
Page 6, Line 12youth's parent, legal guardian, or custodian during the child's or youth's intake at the residential child care facility.
Page 6, Line 13(c) The state department shall adopt rules regarding
Page 6, Line 14additional information for the policy described in subsection
Page 6, Line 15(2)(a) of this section. In developing the rules, the state department shall consult:
Page 6, Line 16(I) The office of the child protection ombudsman;
(II) A director of a residential child care facility;
Page 6, Line 17(III) A parent or family member of a child or youth who has run away from a residential child care facility;
Page 6, Line 18(IV) A young adult who resided at a residential child care facility within the last seven years; and
Page 6, Line 19(V) County departments.
Page 7, Line 1(3) When a residential child care facility discovers that
Page 7, Line 2a child or youth is missing from its care, the residential child
Page 7, Line 3care facility shall notify the child's or youth's parent, legal
Page 7, Line 4guardian, or custodian and guardian ad litem or counsel for
Page 7, Line 5youth within four hours after the discovery of the missing child
Page 7, Line 6or youth. If the residential child care facility cannot make
Page 7, Line 7initial contact with the child's or youth's parent, legal
Page 7, Line 8guardian, or custodian, the residential child care facility must
Page 7, Line 9make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian.
Page 7, Line 11SECTION 4. Safety clause. The general assembly finds,
Page 7, Line 12determines, and declares that this act is necessary for the immediate
Page 7, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 14the support and maintenance of the departments of the state and state institutions.