House Bill 25-1200 Introduced

A Bill for an Act

• Page 1, Line 101Concerning modifications to the office of the child

• Page 1, Line 102protection ombudsman.

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 reorganizes and updates statutes pertaining to the duties of the office of the child protection ombudsman (office) and the child protection ombudsman (ombudsman).

The bill:

• Clarifies when the ombudsman may receive and conduct an independent and impartial investigation of complaints concerning child protection services;
• Reorganizes statutes that pertain to when an ombudsman investigates a complaint;
• Reorganizes statutes that pertain to the ombudsman's duties;
• Reorganizes and creates a new provision that pertains to the office's access to information necessary to conduct an independent review of a complaint;
• Reorganizes and creates a new provision focused on the office's and ombudsman's duty to confidentiality; and
• Provides the office access to residential child care facilities and facilities established and operated by the department of human services (facilities). The office may only access facilities in coordination with the facility directors in response to a request from a child or youth residing in the facility; in response to a request from a child's or youth's family member, caregiver, or other concerned individual; or to distribute materials created by the office informing children or youth on how to access the office, the office's services, and how to file a complaint with the office.

• 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 19-3.3-101.5 as follows:

• Page 2, Line 319-3.3-101.5.  Definitions.As used in this article 3.3, unless the context otherwise requires:

• Page 2, Line 4(1)  "Complaint" means a report or complaint relating to

• Page 2, Line 5an action, inaction, or decision of a public agency or a provider

• Page 2, Line 6that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.

• Page 2, Line 7(2)  "Facility" means a facility established and operated by the state department pursuant to section 19-2.5-1502.

• Page 2, Line 8(3)  "Office" means the office of the child protection ombudsman established in section 19-3.3-102.

• Page 2, Line 9(4)  "Ombudsman" means the director of the office and a person appointed to serve as the child protection ombudsman.

• Page 3, Line 1(5)  "State-licensed residential child care facility" has the same meaning as set forth in section 26-6-903.

• Page 3, Line 2SECTION 2.  In Colorado Revised Statutes, 19-3.3-102, amend (1)(a) and (3)(a)(I) as follows:

• Page 3, Line 319-3.3-102.  Office of the child protection ombudsman

• Page 3, Line 4established - child protection ombudsman advisory board -

• Page 3, Line 5qualifications of ombudsman - duties. (1) (a)  The independent office

• Page 3, Line 6of the child protection ombudsman referred to in this article 3.3 as the

• Page 3, Line 7"office", is established in the judicial department as an independent

• Page 3, Line 8agency for the purpose of ensuring the greatest protections for the children of Colorado.

• Page 3, Line 9(3)  The board has the following duties and responsibilities:

• Page 3, Line 10(a)  To oversee the following personnel decisions related to the ombudsman:

• Page 3, Line 11(I)  To appoint a person to serve as the child protection

• Page 3, Line 12ombudsman and director of the office. referred to in this article 3.3 as the

• Page 3, Line 13"ombudsman". The board may also discharge an acting ombudsman for

• Page 3, Line 14cause. A two-thirds majority vote is required to hire or discharge the

• Page 3, Line 15ombudsman. The general assembly shall set the ombudsman's

• Page 3, Line 16compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

• Page 3, Line 17SECTION 3.  In Colorado Revised Statutes, amend 19-3.3-103 as follows:

• Page 3, Line 1819-3.3-103.  Office of the child protection ombudsman - duties

• Page 3, Line 19- access to information - confidentiality - testimony - judicial review

• Page 3, Line 20- definitions. (1)  The ombudsman has the following duties, at a minimum:

• Page 4, Line 1(a) (I) (A)  To receive complaints concerning child protection

• Page 4, Line 2services. For the purposes of this section, "complaint" means any report

• Page 4, Line 3or complaint made by or on behalf of a child relating to any action,

• Page 4, Line 4inaction, or decision of any public agency or any provider that receives

• Page 4, Line 5public money that may adversely affect the safety, permanency, or

• Page 4, Line 6well-being of the child. The ombudsman may, independently and

• Page 4, Line 7impartially, investigate a complaint, which may include complaints about

• Page 4, Line 8an incident of egregious abuse or neglect or near fatality, as described in

• Page 4, Line 9section 26-1-139, or fatality of a child, as described in part 20.5 of title 25

• Page 4, Line 10and section 26-1-139. The ombudsman may seek resolution of a

• Page 4, Line 11complaint, which may include but need not be limited to referring a

• Page 4, Line 12complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint.

• Page 4, Line 13(B)  The ombudsman shall treat all complaints received pursuant

• Page 4, Line 14to subsection (1)(a)(I)(A) of this section as confidential, including the

• Page 4, Line 15identities of complainants and individuals from whom information is

• Page 4, Line 16acquired; except that disclosures may be permitted if the ombudsman

• Page 4, Line 17deems it necessary to enable the ombudsman to perform the ombudsman's

• Page 4, Line 18duties and to support any recommendations resulting from an

• Page 4, Line 19investigation. Records relating to complaints received by the office and

• Page 4, Line 20the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 4, Line 21(C)  The ombudsman and any employee or person acting on behalf

• Page 4, Line 22of the ombudsman shall not be compelled to provide oral and written

• Page 4, Line 23testimony in a civil or criminal proceeding in which the ombudsman is

• Page 4, Line 24not a legal party. Information, records, or documents requested and

• Page 5, Line 1reviewed by the ombudsman pursuant to this section are not subject to a

• Page 5, Line 2subpoena issued to the ombudsman, discovery from the ombudsman, or

• Page 5, Line 3introduction into evidence through the ombudsman in a civil or criminal

• Page 5, Line 4proceeding in which the ombudsman is not a legal party. Nothing in this

• Page 5, Line 5subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a

• Page 5, Line 6civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

• Page 5, Line 7(II) (A)  In investigating a complaint, the ombudsman has the

• Page 5, Line 8authority to request, access, and review any information, records, or

• Page 5, Line 9documents, including records of third parties, that the ombudsman deems

• Page 5, Line 10necessary to conduct a thorough and independent review of a complaint

• Page 5, Line 11so long as either the state department or a county department would be entitled to access or receive such information, records, or documents.

• Page 5, Line 12(B)  In the course of investigating a complaint pursuant to

• Page 5, Line 13subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 5, Line 14near fatality, or incident of egregious abuse or neglect against a child, as

• Page 5, Line 15defined in section 26-1-139 (2), upon request, the state department of

• Page 5, Line 16human services' child fatality review team, pursuant to section 26-1-139

• Page 5, Line 17(5)(e), shall provide the ombudsman the final confidential, case-specific review report.

• Page 5, Line 18(C)  In the course of investigating a complaint pursuant to

• Page 5, Line 19subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 5, Line 20upon request, the department of public health and environment's child

• Page 5, Line 21fatality prevention review team, pursuant to section 25-20.5-405, shall

• Page 5, Line 22provide the ombudsman with the nonidentifying case review findings and recommendations.

• Page 5, Line 23(D)  The ombudsman must have access to all information, records,

• Page 6, Line 1or documents described in subsection (1)(a)(II)(A) of this section created

• Page 6, Line 2in an investigation of an event or incident described in subsection

• Page 6, Line 3(1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the

• Page 6, Line 4state from any entity, including but not limited to a coroner's office, law

• Page 6, Line 5enforcement agency, hospital, court, the office of state registrar of vital

• Page 6, Line 6statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

• Page 6, Line 7(E)  The ombudsman shall request, review, and receive copies of

• Page 6, Line 8records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and

• Page 6, Line 9(1)(a)(II)(C) of this section without cost if electronic records are not available.

• Page 6, Line 10(F)  Nothing in the provisions of subsection (1)(a)(II)(A),

• Page 6, Line 11(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the

• Page 6, Line 12ombudsman for purposes of investigating a complaint pursuant to subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section.

• Page 6, Line 13(III)  The ombudsman shall refer any complaints relating to the

• Page 6, Line 14judicial department and judicial proceedings, including but not limited to

• Page 6, Line 15complaints concerning the conduct of judicial officers or attorneys of

• Page 6, Line 16record, judicial determinations, and court processes and procedures to the appropriate entity or agency within the judicial department.

• Page 6, Line 17(a)  To receive and conduct an independent and impartial

• Page 6, Line 18investigation of complaints concerning child protection services, including:

• Page 6, Line 19(I)  Complaints made by or on behalf of a child;

• Page 6, Line 20(II)  Complaints made by or on behalf of a child's or youth's family, caregiver, or other concerned individual;

• Page 6, Line 21(III)  Complaints made by or on behalf of a child or youth

• Page 7, Line 1pursuant to sections 19-2.5-1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);

• Page 7, Line 2(IV)  Complaints about an incident of egregious abuse or

• Page 7, Line 3neglect; near fatality, as described in section 26-1-139; or a

• Page 7, Line 4fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

• Page 7, Line 5(V)  Complaints concerning systemic issues, including, but

• Page 7, Line 6not limited to, statutory, budgetary, regulatory, and

• Page 7, Line 7administrative issues affecting the safety of and outcomes for

• Page 7, Line 8children, youth, and families receiving child protection services in Colorado; and

• Page 7, Line 9(VI)  Complaints raised by members of the community relating to child protection policies or procedures.

• Page 7, Line 10(a.5)  (b) (I)  Notwithstanding any provision of this section to the

• Page 7, Line 11contrary, the ombudsman may self-initiate an independent and impartial

• Page 7, Line 12investigation and ongoing review of the safety and well-being of an

• Page 7, Line 13unaccompanied immigrant child who lives in a state-licensed residential

• Page 7, Line 14child care facility, as defined in section 26-6-903, and who is in the

• Page 7, Line 15custody of the office of refugee resettlement of the federal department of

• Page 7, Line 16health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The

• Page 7, Line 17ombudsman may seek resolution of such investigation and ongoing

• Page 7, Line 18review, which may include, but need not be limited to, referring an

• Page 7, Line 19investigation and ongoing review to the state department or appropriate

• Page 7, Line 20agency or entity and making a recommendation for action relating to an investigation and ongoing review.

• Page 7, Line 21(II) (A)  In self-initiating an investigation and ongoing review of

• Page 7, Line 22the safety and well-being of an unaccompanied immigrant child who lives

• Page 8, Line 1in a state-licensed residential child care facility, the ombudsman has the

• Page 8, Line 2authority to request, review, and receive copies of any information,

• Page 8, Line 3records, or documents, including records of third parties, that the

• Page 8, Line 4ombudsman deems necessary to conduct a thorough and independent

• Page 8, Line 5investigation and ongoing review as described in subsection (1)(a.5)(I) subsection (1)(b)(I) of this section, without cost to the ombudsman.

• Page 8, Line 6(B)  A state-licensed residential child care facility shall notify the

• Page 8, Line 7ombudsman and the state department within three days after the arrival of an each unaccompanied immigrant child.

• Page 8, Line 8(C)  The ombudsman may create and distribute outreach materials

• Page 8, Line 9to a state-licensed residential child care facility and to individuals who may have regular contact with an unaccompanied immigrant child.

• Page 8, Line 10(III)  As used in this subsection (1)(a.5) subsection (1)(b),

• Page 8, Line 11"unaccompanied immigrant child" means a child under the age of

• Page 8, Line 12eighteen years, without lawful immigration status in the United States,

• Page 8, Line 13who has been designated an unaccompanied child and transferred to the

• Page 8, Line 14custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

• Page 8, Line 15(b)  To evaluate and make a recommendation to the executive

• Page 8, Line 16director and any appropriate agency or entity for the creation of a

• Page 8, Line 17statewide grievance policy that is accessible by children and families within the child protection system and that is transparent and accountable;

• Page 8, Line 18(2) (a)  In investigating a complaint described in subsection (1)(a) of this section, the ombudsman shall:

• Page 8, Line 19(I)  Request, access, and review any information,

• Page 8, Line 20documents, or records, including records of third parties, the

• Page 8, Line 21ombudsman deems necessary to conduct an independent and

• Page 9, Line 1impartial investigation of complaints pursuant to section 19-3.3-103.4;

• Page 9, Line 2(II)  Seek resolution of a complaint, which may include, but

• Page 9, Line 3is not limited to, referring a complaint to the state department

• Page 9, Line 4or appropriate agency or entity and making a recommendation for action relating to a complaint; and

• Page 9, Line 5(III)  Refer any complaints relating to the judicial

• Page 9, Line 6department and judicial proceedings, including, but not limited

• Page 9, Line 7to, complaints concerning the conduct of judicial officers or

• Page 9, Line 8attorneys of record, judicial determinations, and court

• Page 9, Line 9processes and procedures, to the appropriate agency or entity.

• Page 9, Line 10Nothing in this section grants the office the authority to access

• Page 9, Line 11information, records, or documents to investigate a complaint

• Page 9, Line 12made in regards to the provision of legal services by an independent judicial agency or its contractors.

• Page 9, Line 13(b)  The ombudsman may decline to investigate a complaint

• Page 9, Line 14or continue an investigation. If the ombudsman declines to

• Page 9, Line 15investigate a complaint or continue an investigation, the office

• Page 9, Line 16shall notify the complainant of the decision and the reason for the ombudsman's actions.

• Page 9, Line 17(3)  In addition to the duties described in subsection (1)(a) of this section, the ombudsman has the following duties:

• Page 9, Line 18(c)  (a)  To report, as required by the provisions of section

• Page 9, Line 1919-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office;

• Page 9, Line 20(d)  (b)  To review the memorandum of understanding between the

• Page 9, Line 21office and the judicial department and renegotiate such memorandum of

• Page 10, Line 1understanding at any time as the office and the judicial department mutually deem appropriate;

• Page 10, Line 2(e)  (c)  To act on behalf of the office and serve as signator for the office;

• Page 10, Line 3(f)  (d)  To ensure accountability and consistency in the operating

• Page 10, Line 4policies and procedures, including reasonable rules to administer the

• Page 10, Line 5provisions of this article article 3.3 and any other standards of conduct and reporting requirements as provided by law; and

• Page 10, Line 6(g)  (e)  To serve or designate a person to serve on the youth

• Page 10, Line 7restraint and seclusion working group pursuant to section 26-20-110 (1)(i);

• Page 10, Line 8(2)  The ombudsman has the following powers, at a minimum:

• Page 10, Line 9(a)  To review issues raised by members of the community relating

• Page 10, Line 10to child protection policies or procedures and make recommendations to the appropriate agency or entity concerning those issues;

• Page 10, Line 11(b)  (f)  To review and evaluate the effectiveness and efficiency of

• Page 10, Line 12any existing grievance resolution mechanisms and to make

• Page 10, Line 13recommendations to the general assembly, executive director, and any

• Page 10, Line 14appropriate agency or entity for the improvement of the grievance resolution mechanisms;

• Page 10, Line 15(c)  (g)  To help educate the public concerning issues and

• Page 10, Line 16recommendations the ombudsman identifies, including on child

• Page 10, Line 17maltreatment and the role of the community in strengthening families and keeping children safe;

• Page 10, Line 18(d)  (h)  To promote best practices and effective programs relating

• Page 10, Line 19to a publicly funded child protection system and to work collaboratively

• Page 10, Line 20with county departments, when appropriate, regarding improvement of processes; and

• Page 11, Line 1(e)  (i)  To recommend to the general assembly, the executive

• Page 11, Line 2director, and any appropriate agency or entity statutory, budgetary,

• Page 11, Line 3regulatory, and administrative changes, including systemic changes, to

• Page 11, Line 4improve the safety of and promote better outcomes for children and

• Page 11, Line 5families receiving child protection services in Colorado.

• Page 11, Line 6Recommendations may address issues the ombudsman identifies

• Page 11, Line 7during the course of an investigation of complaints, as described

• Page 11, Line 8in subsection (1)(a) of this section. The ombudsman's

• Page 11, Line 9recommendations are subject to public disclosure pursuant to article 72 of title 24.and

• Page 11, Line 10(f)  To request, access, and review information, records, or documents received pursuant to subsection (1)(a)(II) of this section.

• Page 11, Line 11(3)  The ombudsman, employees of the office, and any persons

• Page 11, Line 12acting on behalf of the office shall comply with all state and federal

• Page 11, Line 13confidentiality laws that govern the department of early childhood, the

• Page 11, Line 14state department, or a county department with respect to the treatment of

• Page 11, Line 15confidential information or records and the disclosure of such information and records.

• Page 11, Line 16(4)  Nothing in this article shall be construed to direct or authorize

• Page 11, Line 17article 3.3 directs or authorizes the ombudsman to intervene in any

• Page 11, Line 18criminal or civil judicial proceeding or to interfere in a criminal investigation.

• Page 11, Line 19(5)  In the performance of the ombudsman's duties, the

• Page 11, Line 20ombudsman shall act independently of any public agency or provider

• Page 11, Line 21that receives public money and that may adversely affect the

• Page 11, Line 22safety, permanency, or well-being of a child or youth, including

• Page 12, Line 1the division within the department of early childhood that is responsible

• Page 12, Line 2for child care, of the divisions within the state department that are

• Page 12, Line 3responsible for child welfare or youth services, of the county departments

• Page 12, Line 4of human or social services, and of all judicial and independent

• Page 12, Line 5agencies. including, but not limited to, the office of the child's

• Page 12, Line 6representative, the office of the respondent parents' counsel, the office of

• Page 12, Line 7state public defender, the office of alternate defense counsel, and the

• Page 12, Line 8office of attorney regulation counsel. Any recommendations made by the

• Page 12, Line 9ombudsman or positions taken by the ombudsman do not reflect those of

• Page 12, Line 10any public agency, including the department of early childhood, state

• Page 12, Line 11department, judicial department and independent agencies, or county departments of human or social services.

• Page 12, Line 12SECTION 4.  In Colorado Revised Statutes, add with amended and relocated provisions 19-3.3-103.4 and 19-3.3-103.5 as follows:

• Page 12, Line 1319-3.3-103.4.  Office of the child protection ombudsman -

• Page 12, Line 14access to information. (1) (a) [Formerly 19-3.3-103 (1)(a)(II)(A)] In

• Page 12, Line 15investigating a complaint, the ombudsman office has the authority to

• Page 12, Line 16request, access, and review any information, records, or documents,

• Page 12, Line 17including records of third parties, that the ombudsman office deems

• Page 12, Line 18necessary to conduct a thorough and independent review of a complaint

• Page 12, Line 19so long as or event described in section 19-3.3-103 (1)(a). In the

• Page 12, Line 20investigation of a complaint or event described in section

• Page 12, Line 2119-3.3-103 (1)(a) that occurs in the state, the office must have

• Page 12, Line 22access to information, records, or documents that either the state

• Page 12, Line 23department or a county department would be entitled to access or receive. such information, records, or documents.

• Page 12, Line 24(b) [Formerly 19-3.3-103 (1)(a)(II)(D)] The ombudsman office

• Page 13, Line 1must have access to all information, records, or documents described in

• Page 13, Line 2subsection (1)(a)(II)(A) of this section created in an investigation of an

• Page 13, Line 3event or incident described in subsection (1)(a)(II)(A), (1)(a)(II)(B), or

• Page 13, Line 4(1)(a)(II)(C) of this section that the office deems necessary to

• Page 13, Line 5conduct a thorough and independent review of a complaint or

• Page 13, Line 6event described in section 19-3.3-103 (1)(a) occurring in the state

• Page 13, Line 7from any entity, including, but not limited to, a coroner's office, law

• Page 13, Line 8enforcement agency, hospital, court, the office of state registrar of vital

• Page 13, Line 9statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

• Page 13, Line 10(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of

• Page 13, Line 11investigating a complaint pursuant to subsection (1)(a)(I)(A) of this

• Page 13, Line 12section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 13, Line 13fatality, near fatality, or incident of egregious abuse or neglect against a

• Page 13, Line 14child, as defined in section 26-1-139 (2), upon request, the state

• Page 13, Line 15department of human services' child fatality review team, pursuant to

• Page 13, Line 16section 26-1-139 (5)(e), shall provide the ombudsman office the final confidential, case-specific review report.

• Page 13, Line 17(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of

• Page 13, Line 18investigating a complaint pursuant to subsection (1)(a)(I)(A) of this

• Page 13, Line 19section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 13, Line 20fatality, upon request, the department of public health and environment's

• Page 13, Line 21child fatality prevention review team, pursuant to section 25-20.5-405,

• Page 13, Line 22shall provide the ombudsman office with the nonidentifying case review findings and recommendations.

• Page 13, Line 23(2) (a)  The state department shall ensure the office has

• Page 13, Line 24unrestricted access to TRAILS, as defined in section 26-5-118.

• Page 14, Line 1(b)  The state department shall ensure the office has

• Page 14, Line 2access to the child welfare training academy established in section 26-5-109.

• Page 14, Line 3(3) [Formerly 19-3.3-103 (1)(a)(II)(E)] The ombudsman office

• Page 14, Line 4shall request, review, and receive copies of records as described in

• Page 14, Line 5subsections (1)(a)(II)(A), (1)(a)(II)(B), and (1)(a)(II)(C) subsection (1) of this section without cost if electronic records are not available.

• Page 14, Line 6(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions

• Page 14, Line 7of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section

• Page 14, Line 8grants subpoena power to the ombudsman, employees of the office,

• Page 14, Line 9and any other person acting on behalf of the office for purposes

• Page 14, Line 10of investigating a complaint pursuant to subsection (1)(a)(II)(A),

• Page 14, Line 11(1)(a)(II)(B), or (1)(a)(II)(C) of this section described in section 19-3.3-103 (1)(a).

• Page 14, Line 1219-3.3-103.5.  Office of the child protection ombudsman -

• Page 14, Line 13confidentiality. (1)  The ombudsman, employees of the office, and

• Page 14, Line 14any person acting on behalf of the office shall comply with all

• Page 14, Line 15state and federal confidentiality laws that govern the

• Page 14, Line 16department of early childhood, the state department, or a

• Page 14, Line 17county department with respect to the treatment of

• Page 14, Line 18confidential information or records and the disclosure of such information and records.

• Page 14, Line 19(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman

• Page 14, Line 20office shall treat all complaints received pursuant to subsection

• Page 14, Line 21(1)(a)(I)(A) of this section section 19-3.3-103 (1)(a) as confidential,

• Page 14, Line 22including the identities of complainants and individuals from whom

• Page 14, Line 23information is acquired; except that disclosures may be permitted if the

• Page 15, Line 1ombudsman deems it necessary to enable the ombudsman to perform the

• Page 15, Line 2ombudsman's duties and to support any recommendations resulting from

• Page 15, Line 3an investigation. Records relating to complaints received by the office

• Page 15, Line 4and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 15, Line 5(b)  Records relating to complaints received by the office

• Page 15, Line 6and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 15, Line 7(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any

• Page 15, Line 8employee or person acting on behalf of the ombudsman shall not be

• Page 15, Line 9compelled to provide oral and written testimony in a civil or criminal

• Page 15, Line 10proceeding in which the ombudsman is not a legal party. Information,

• Page 15, Line 11records, or documents requested and reviewed by the ombudsman

• Page 15, Line 12pursuant to this section are not subject to a subpoena issued to the

• Page 15, Line 13ombudsman, discovery from the ombudsman, or introduction into

• Page 15, Line 14evidence through the ombudsman in a civil or criminal proceeding in

• Page 15, Line 15which the ombudsman is not a legal party. Nothing in this subsection

• Page 15, Line 16(1)(a)(I)(C) subsection (2)(a) restricts or limits the right to discover or

• Page 15, Line 17use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

• Page 15, Line 18SECTION 5.  In Colorado Revised Statutes, add 19-3.3-112 as follows:

• Page 15, Line 1919-3.3-112.  Office of the child protection ombudsman - access

• Page 15, Line 20to state-licensed residential child care facilities and facilities -

• Page 15, Line 21education of children and youth in state-licensed residential child

• Page 15, Line 22care facilities and facilities. (1) (a)  A state-licensed residential

• Page 15, Line 23child care facility and a facility shall provide physical access

• Page 16, Line 1to its facility pursuant to this subsection (1)(a). The office may

• Page 16, Line 2only access a state-licensed residential child care facility or a facility in coordination with the facility directors:

• Page 16, Line 3(I)  In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;

• Page 16, Line 4(II)  In response to a request from a child's or youth's family member, caregiver, or other concerned individual; or

• Page 16, Line 5(III)  To distribute materials pursuant to subsection (2)(a) of this section.

• Page 16, Line 6(b)  A state-licensed residential child care facility or

• Page 16, Line 7facility shall not deny the office access to the state-licensed

• Page 16, Line 8residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.

• Page 16, Line 9(c)  Dependent upon available resources and at the

• Page 16, Line 10discretion of the ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

• Page 16, Line 11(d)  Upon a child's or youth's request, the state-licensed

• Page 16, Line 12residential child care facility or facility shall provide a private

• Page 16, Line 13and confidential space for the child or youth to meet with the

• Page 16, Line 14ombudsman, an office employee, or a person acting on behalf of the ombudsman.

• Page 16, Line 15(e)  The ombudsman, an employee of the office, or a person

• Page 16, Line 16acting on behalf of the ombudsman is subject to the protocol

• Page 16, Line 17and policies of each state-licensed residential child care facility and facility.

• Page 16, Line 18(2) (a)  The office shall create and distribute outreach

• Page 16, Line 19materials to state-licensed residential child care facilities and

• Page 17, Line 1facilities. The materials must contain information on how to

• Page 17, Line 2access the office, the office's services, and how to file a complaint with the office.

• Page 17, Line 3(b)  Each state-licensed residential child care facility and

• Page 17, Line 4facility shall display the materials described in subsection (2)(a)

• Page 17, Line 5of this section in a location visible to children or youth

• Page 17, Line 6receiving services from the residential child care facility or facility.

• Page 17, Line 7(c)  The office shall supply the materials described in

• Page 17, Line 8subsection (2)(a) of this section at the office's expense. The office

• Page 17, Line 9shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

• Page 17, Line 10(d)  The office shall coordinate with each state-licensed

• Page 17, Line 11residential child care facility and facility to provide in-person

• Page 17, Line 12educational courses to children and youth residing in the

• Page 17, Line 13facilities on how to access the office, the office's services, and how to file a complaint with the office.

• Page 17, Line 14(3)  The office and each state-licensed residential child

• Page 17, Line 15care facility or facility shall operate pursuant to a

• Page 17, Line 16memorandum of understanding between the office and each

• Page 17, Line 17residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

• Page 17, Line 18(a)  The office provides each state-licensed residential

• Page 17, Line 19child care facility or facility with notice of a child's or youth's

• Page 17, Line 20request to visit with the ombudsman within forty-eight business hours after receiving the request;

• Page 17, Line 21(b)  The state-licensed residential child care facility or

• Page 18, Line 1facility provides the ombudsman access to a facility and a

• Page 18, Line 2private, confidential space to meet with a child or youth within

• Page 18, Line 3five business days after the office receives the child's or youth's request to meet;

• Page 18, Line 4(c)  The office provides the state-licensed residential child

• Page 18, Line 5care facility or facility with notice at least five business days

• Page 18, Line 6before the office would like to enter the state-licensed

• Page 18, Line 7residential child care facility or facility to distribute materials pursuant to subsection (2)(a) of this section;

• Page 18, Line 8(d)  The state-licensed residential child care facility or

• Page 18, Line 9facility provides the office with proof that the materials

• Page 18, Line 10described in subsection (2)(a) of this section are displayed in a

• Page 18, Line 11location visible to children or youth as required pursuant to this section; and

• Page 18, Line 12(e)  Certain processes occur to provide a child or youth a

• Page 18, Line 13confidential, virtual meeting to meet with the ombudsman, an employee of the office, or a person acting on behalf of the office.

• Page 18, Line 14(4)  This section does not grant the office authority to conduct activities described in part 9 of article 6 of title 26.

• Page 18, Line 15SECTION 6.  In Colorado Revised Statutes, 19-3.3-108, add (1)(d) as follows:

• Page 18, Line 1619-3.3-108.  Office of the child protection ombudsman - annual

• Page 18, Line 17report. (1)  On or before September 1 of each year, commencing with the

• Page 18, Line 18September 1 following the first fiscal year in which the office was

• Page 18, Line 19established, the ombudsman shall prepare a written report that must

• Page 18, Line 20include, but need not be limited to, information from the preceding fiscal

• Page 18, Line 21year and any recommendations concerning the following:

• Page 19, Line 1(d)  Updates on outreach efforts to state-licensed

• Page 19, Line 2residential child care facilities and facilities established and

• Page 19, Line 3operated by the department of human services as described in section 19-3.3-112 (2)(c).

• Page 19, Line 4SECTION 7.  In Colorado Revised Statutes, 19-3.1-101, amend (3)(a) introductory portion as follows:

• Page 19, Line 519-3.1-101.  Petition for dependency order for unaccompanied

• Page 19, Line 6children or youth in federal custody - definition. (3) (a)  The court

• Page 19, Line 7shall schedule a hearing within thirty-five days after the petition is filed,

• Page 19, Line 8unless a motion is made for a forthwith hearing because the child is

• Page 19, Line 9approaching eighteen years of age or other emergent circumstances, in

• Page 19, Line 10which case the court shall schedule the hearing within seven days. If the

• Page 19, Line 11court finds the statements in the petition are supported by a

• Page 19, Line 12preponderance of the evidence, the court shall declare the child dependent

• Page 19, Line 13on the court. A child declared dependent pursuant to this section may be

• Page 19, Line 14eligible for oversight and services by the office of the child protection

• Page 19, Line 15ombudsman pursuant to section 19-3.3-103 (1)(a.5) as described in

• Page 19, Line 16section 19-3.3-103 (1)(b). Upon request, the court may also issue an

• Page 19, Line 17order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including:

• Page 19, Line 18SECTION 8.  In Colorado Revised Statutes, 25-20.5-405, amend (2)(d) as follows:

• Page 19, Line 1925-20.5-405.  Local review teams - duties - authority. (2)  With

• Page 19, Line 20respect to each child fatality reviewed, the local or regional review team shall:

• Page 19, Line 21(d)  Report case review findings, as appropriate, to public and

• Page 19, Line 22private agencies that have responsibilities for children, including the

• Page 20, Line 1office of the child protection ombudsman pursuant to section as

• Page 20, Line 2described insections 19-3.3-103 and 19-3.3-103.4, and make

• Page 20, Line 3prevention recommendations to these agencies that may help to reduce the number of child fatalities;

• Page 20, Line 4SECTION 9.  In Colorado Revised Statutes, 25-20.5-408, amend (2)(c)(I) as follows:

• Page 20, Line 525-20.5-408.  Access to records. (2)  Public access to records

• Page 20, Line 6and information. (c)  Release of information. (I)  Members of the state

• Page 20, Line 7review team, members of the local or regional review teams, a person

• Page 20, Line 8who attends a review team meeting, and a person who presents

• Page 20, Line 9information to a review team may release information to governmental

• Page 20, Line 10agencies as necessary to fulfill the requirements of this part 4, including

• Page 20, Line 11section 25-20.5-405 (2)(d) and section 19-3.3-103 (1)(a)(II)(D) section 19-3.3-103.4 (1)(b).

• Page 20, Line 12SECTION 10.  In Colorado Revised Statutes, 26-1-139, amend (5)(e) as follows:

• Page 20, Line 1326-1-139.  Child fatality and near fatality prevention - process

• Page 20, Line 14- department of human services child fatality review team - reporting

• Page 20, Line 15- rules - legislative declaration - definitions. (5) (e)  The team shall

• Page 20, Line 16provide the final confidential, case-specific review report to the executive

• Page 20, Line 17director, the director for any county or community agency referenced in

• Page 20, Line 18the report, the county board of human services of any county department

• Page 20, Line 19with previous involvement, as defined in subsection (2)(c) of this section,

• Page 20, Line 20the legislative members of the team appointed pursuant to subsection

• Page 20, Line 21(6)(f) of this section, the department of public health and environment,

• Page 20, Line 22and the office of the child protection ombudsman pursuant to section

• Page 20, Line 2319-3.3-103 (1)(a)(II)(B) as described in section 19-3.3-103.4 (1)(c)(I).

• Page 21, Line 1SECTION 11.  In Colorado Revised Statutes, 26-20-110, amend (1)(i) as follows:

• Page 21, Line 226-20-110.  Youth restraint and seclusion working group -

• Page 21, Line 3membership - purpose - repeal. (1)  There is established within the

• Page 21, Line 4division of youth services a youth restraint and seclusion working group,

• Page 21, Line 5referred to in this section as the "working group". The working group consists of:

• Page 21, Line 6(i)  The child protection ombudsman or his or her the child

• Page 21, Line 7protection ombudsman's designee pursuant to section 19-3.3-103 (1)(g) as described in section 19-3.3-103 (3)(e); and

• Page 21, Line 8SECTION 12.  In Colorado Revised Statutes, 27-50-108, amend (4)(c) as follows:

• Page 21, Line 927-50-108.  Systemwide behavioral health grievance system.

• Page 21, Line 10(4)  On or before July 1, 2024, the BHA and state agencies shall execute

• Page 21, Line 11formal data-sharing agreements addressing data sharing consistent with

• Page 21, Line 12state and federal requirements, cooperation between the BHA and state

• Page 21, Line 13agencies, and any other provisions necessary to implement this section.

• Page 21, Line 14At a minimum, the BHA and the following entities shall execute such agreements:

• Page 21, Line 15(c)  The child protection ombudsman, appointed pursuant to

• Page 21, Line 16section 19-3.3-103 section 19-3.3-102 (3)(a)(I). All data released by the

• Page 21, Line 17ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3) section 19-3.3-103.5 (1) and (2).

• Page 21, Line 18SECTION 13.  Act subject to petition - effective date. This act

• Page 21, Line 19takes effect at 12:01 a.m. on the day following the expiration of the

• Page 21, Line 20ninety-day period after final adjournment of the general assembly; except

• Page 21, Line 21that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 22, Line 1of the state constitution against this act or an item, section, or part of this

• Page 22, Line 2act within such period, then the act, item, section, or part will not take

• Page 22, Line 3effect unless approved by the people at the general election to be held in

• Page 22, Line 4November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.