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 - data system -
Page 4, Line 16reports - definitions. (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 1(b) "Institution of higher education" means a
Page 5, Line 2postsecondary institution that contracts with the office to
Page 5, Line 3develop systems or tools to provide support to children or youth who run away from care.
Page 5, Line 4(c) "Residential child care facility" has the same meaning as set forth in section 26-6-903.
Page 5, Line 5(d) "Statewide data platform" or "data platform" means
Page 5, Line 6the statewide data platform described in subsection (3) of this section.
Page 5, Line 7(e) "Third-party consultant" or "consultant" means a
Page 5, Line 8third-party consultant who contracts with the office to
Page 5, Line 9develop systems or tools to provide support to children or youth who run away from care.
Page 5, Line 10(2) (a) On or before July 1, 2025, the office shall contract
Page 5, Line 11with an institution of higher education or a third-party consultant to:
Page 5, Line 12(I) Review national literature on runaway risk
Page 5, Line 13assessment tools and engage stakeholders to understand
Page 5, Line 14runaway risk assessment protocols for different types of residential child care facilities; and
Page 5, Line 15(II) Select one or more existing runaway risk assessment
Page 5, Line 16tools reviewed in subsection (2)(a)(I) of this section to adapt for
Page 5, Line 17use in the state, including adapting the administrative functions
Page 5, Line 18of the tool for the needs of the state agency that will
Page 5, Line 19administer the tool. To adapt the runaway risk assessment tool
Page 5, Line 20for use in the state, the institution of higher education or
Page 6, Line 1consultant shall engage, at a minimum, with the following stakeholders:
Page 6, Line 2(A) A representative of the division of child welfare
Page 6, Line 3within the state department, as selected by the executive director of the state department;
Page 6, Line 4(B) A director of a residential child care facility, as selected by the office;
Page 6, Line 5(C) A parent or family member of a child or youth who has
Page 6, Line 6run away from a residential child care facility, as selected by the office; and
Page 6, Line 7(D) A young adult who resided at a residential child care facility within the last seven years, as selected by the office.
Page 6, Line 8(b) As part of the runaway risk assessment tool, the
Page 6, Line 9institution of higher education or third-party consultant shall
Page 6, Line 10develop a standard set of post-run questions pertaining to a child's or youth's experience.
Page 6, Line 11(c) On or before June 1, 2026, the institution of higher
Page 6, Line 12education or consultant shall provide a report to the office on
Page 6, Line 13how the runaway risk assessment tool was developed and
Page 6, Line 14recommendations for how the runaway risk assessment tool is implemented and used.
Page 6, Line 15(3) (a) On or before July 1, 2025, the office shall contract
Page 6, Line 16with an institution of higher education or a consultant to begin
Page 6, Line 17the process of developing a statewide data platform to collect
Page 6, Line 18and store data regarding children or youth who run away from residential child care facilities across the state.
Page 6, Line 19(b) In developing the data platform, the institution of higher education or consultant shall, at a minimum:
Page 7, Line 1(I) Identify potential users of the data platform;
Page 7, Line 2(II) Create a fictional user to help develop permissions to the data platform;
Page 7, Line 3(III) Identify data elements;
Page 7, Line 4(IV) Use the fictional user created in subsection (3)(b)(II) of this section to add, edit, and view data on the data platform;
Page 7, Line 5(V) Recommend who has authority to enter data, validate data, and retrieve data;
Page 7, Line 6(VI) Assess the quality of data that currently exists in
Page 7, Line 7data platforms in the department, law enforcement agencies, county departments, and other applicable state agency offices;
Page 7, Line 8(VII) Engage with relevant information technology
Page 7, Line 9professionals to understand how to share routinely collected data on the data platform;
Page 7, Line 10(VIII) Create a step-by-step description of the data
Page 7, Line 11platform software from the perspective of the potential users described in subsection (3)(b)(I) of this section; and
Page 7, Line 12(IX) Consult with the following stakeholders:
Page 7, Line 13(A) A representative of the division of child welfare
Page 7, Line 14within the state department, as selected by the executive director of the state department;
Page 7, Line 15(B) A director of a residential child care facility, as selected by the office;
Page 7, Line 16(C) A parent or family member of a child or youth who has
Page 7, Line 17run away from a residential child care facility, as selected by
Page 7, Line 18the office; and
Page 8, Line 1(D) A young adult who resided at a residential child care facility within the last seven years, as selected by the office.
Page 8, Line 2(c) On or before June 1, 2026, the institution of higher
Page 8, Line 3education or consultant shall submit a report to the office
Page 8, Line 4summarizing the progress and development of the data platform.
Page 8, Line 5(4) (a) On or before July 1, 2025, the office shall contract
Page 8, Line 6with an institution of higher education or a consultant to
Page 8, Line 7develop and conduct an inventory survey of the physical
Page 8, Line 8infrastructure of residential child care facilities statewide to
Page 8, Line 9assess the physical infrastructure needs of the residential child
Page 8, Line 10care facilities. The institution of higher education or
Page 8, Line 11consultant shall consult with the state department to develop
Page 8, Line 12the inventory survey. Physical infrastructure needs may
Page 8, Line 13include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.
Page 8, Line 14(b) On or before June 1, 2026, the institution of higher
Page 8, Line 15education or consultant shall submit a report to the office
Page 8, Line 16summarizing the results of the survey described in subsection(4)(a) of this section.
Page 8, Line 17(5) The institution of higher education or consultant
Page 8, Line 18selected pursuant to subsections (2), (3), and (4) of this section may be the same institution of higher education or consultant.
Page 8, Line 19(6) On or before July 1, 2026, the office shall submit a
Page 8, Line 20report to the health and human services committee of the house
Page 8, Line 21of representatives and the senate, or their successor
Page 8, Line 22committees, that summarizes the reports submitted by the institution of higher education or consultant on the:
Page 9, Line 1(a) Development of the runaway risk assessment tool described in subsection (2)(c) of this section;
Page 9, Line 2(b) Progress of the data platform described in subsection (3)(c) of this section; and
Page 9, Line 3(c) Results of the physical infrastructure survey of
Page 9, Line 4residential child care facilities described in subsection (4)(b) of this section.
Page 9, Line 5SECTION 3. In Colorado Revised Statutes, add 26-6-924 as follows:
Page 9, Line 626-6-924. Residential child care facility - notice - policy -
Page 9, Line 7definition. (1) As used in this section, unless the context otherwise requires:
Page 9, Line 8(a) "Child" has the same meaning as set forth in section 19-1-103.
Page 9, Line 9(b) "Youth" has the same meaning as set forth in section 19-1-103.
Page 9, Line 10(2) (a) On or before July 1, 2026, each residential child
Page 9, Line 11care facility in the state shall develop a policy that outlines
Page 9, Line 12how the residential child care facility responds to a child or
Page 9, Line 13youth who threatens or attempts to run away from care. The
Page 9, Line 14policy must include whether the residential child care facility
Page 9, Line 15uses physical restraints. The policy must include any other
Page 9, Line 16information the state department adopts by rule pursuant to subsection (2)(c) of this section.
Page 9, Line 17(b) Each residential child care facility shall provide a
Page 9, Line 18copy of the policy to the child's or youth's parent, legal
Page 10, Line 1guardian, or custodian during the child's or youth's intake at the residential child care facility.
Page 10, Line 2(c) The state department shall adopt rules regarding
Page 10, Line 3additional information for the policy described in subsection
Page 10, Line 4(2)(a) of this section. In developing the rules, the state department shall consult:
Page 10, Line 5(I) The office of the child protection ombudsman;
(II) A director of a residential child care facility;
Page 10, Line 6(III) A parent or family member of a child or youth who has run away from a residential child care facility;
Page 10, Line 7(IV) A young adult who resided at a residential child care facility within the last seven years; and
Page 10, Line 8(V) County departments.
Page 10, Line 9(3) When a residential child care facility discovers that
Page 10, Line 10a child or youth is missing from its care, the residential child
Page 10, Line 11care facility shall notify the child's or youth's parent, legal
Page 10, Line 12guardian, or custodian within twenty-four hours after the
Page 10, Line 13discovery of the missing child or youth. If the residential child
Page 10, Line 14care facility cannot make initial contact with the child's or
Page 10, Line 15youth's parent, legal guardian, or custodian, the residential
Page 10, Line 16child care facility must make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian.
Page 10, Line 17(4) On or after January 1, 2027, each residential child
Page 10, Line 18care facility shall use the runaway risk assessment tool described in section 19-3.3-112 (2).
Page 10, Line 19SECTION 4. Safety clause. The general assembly finds,
Page 10, Line 20determines, and declares that this act is necessary for the immediate
Page 11, Line 1preservation of the public peace, health, or safety or for appropriations for
Page 11, Line 2the support and maintenance of the departments of the state and state institutions.