House Bill 25-1200 Revised

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)  "Board" means the child protection ombudsman board established pursuant to section 19-3.3-102 (2)(a).

• Page 2, Line 5(2)  "Complaint" means a report or complaint relating to

• Page 2, Line 6an action, inaction, or decision of a public agency or a provider

• Page 2, Line 7that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.

• Page 2, Line 8(3)  "Facility" means a facility established and operated by the state department pursuant to section 19-2.5-1502.

• Page 2, Line 9(4)  "Office" means the office of the child protection ombudsman established pursuant to section 19-3.3-102 (1)(a).

• Page 3, Line 1(5)  "Ombudsman" means the child protection ombudsman

• Page 3, Line 2and director of the office appointed pursuant to section 19-3.3-102 (3)(a)(I).

• Page 3, Line 3(6)  "Personnel files" has the same meaning as set forth in section 24-72-202.

• Page 3, Line 4(7)  "State-licensed residential child care facility" has the same meaning as set forth in section 26-6-903.

• Page 3, Line 5(8)  "Work product" has the same meaning as set forth in section 24-72-202.

• Page 3, Line 6SECTION 2.  In Colorado Revised Statutes, 19-3.3-102, amend(1)(a), (2)(a), and (3)(a)(I) as follows:

• Page 3, Line 719-3.3-102.  Office of the child protection ombudsman

• Page 3, Line 8established - child protection ombudsman advisory board -

• Page 3, Line 9qualifications of ombudsman - duties. (1) (a)  The independent office

• Page 3, Line 10of the child protection ombudsman referred to in this article 3.3 as the

• Page 3, Line 11"office", is established in the judicial department as an independent

• Page 3, Line 12agency for the purpose of ensuring the greatest protections for the children of Colorado.

• Page 3, Line 13(2) (a)  There is established an independent, nonpartisan child

• Page 3, Line 14protection ombudsman board. referred to in this article 3.3 as the "board".

• Page 3, Line 15The board consists of twelve members and, to the extent practicable, must

• Page 3, Line 16include persons from throughout the state and persons with disabilities

• Page 3, Line 17and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.

• Page 3, Line 18(3)  The board has the following duties and responsibilities:

• Page 3, Line 19(a)  To oversee the following personnel decisions related to the ombudsman:

• Page 4, Line 1(I)  To appoint a person to serve as the child protection

• Page 4, Line 2ombudsman and director of the office. referred to in this article 3.3 as the

• Page 4, Line 3"ombudsman". The board may also discharge an acting ombudsman for

• Page 4, Line 4cause. A two-thirds majority vote is required to hire or discharge the

• Page 4, Line 5ombudsman. The general assembly shall set the ombudsman's

• Page 4, Line 6compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

• Page 4, Line 7SECTION 3.  In Colorado Revised Statutes, amend 19-3.3-103 as follows:

• Page 4, Line 819-3.3-103.  Office of the child protection ombudsman - duties

• Page 4, Line 9- access to information - confidentiality - testimony - judicial review

• Page 4, Line 10- definitions. (1)  The ombudsman has the following duties, at a minimum:

• Page 4, Line 11(a) (I) (A)  To receive complaints concerning child protection

• Page 4, Line 12services. For the purposes of this section, "complaint" means any report

• Page 4, Line 13or complaint made by or on behalf of a child relating to any action,

• Page 4, Line 14inaction, or decision of any public agency or any provider that receives

• Page 4, Line 15public money that may adversely affect the safety, permanency, or

• Page 4, Line 16well-being of the child. The ombudsman may, independently and

• Page 4, Line 17impartially, investigate a complaint, which may include complaints about

• Page 4, Line 18an incident of egregious abuse or neglect or near fatality, as described in

• Page 4, Line 19section 26-1-139, or fatality of a child, as described in part 20.5 of title 25

• Page 4, Line 20and section 26-1-139. The ombudsman may seek resolution of a

• Page 4, Line 21complaint, which may include but need not be limited to referring a

• Page 4, Line 22complaint to the state department or appropriate agency or entity and

• Page 4, Line 23making a recommendation for action relating to a complaint.

• Page 5, Line 1(B)  The ombudsman shall treat all complaints received pursuant

• Page 5, Line 2to subsection (1)(a)(I)(A) of this section as confidential, including the

• Page 5, Line 3identities of complainants and individuals from whom information is

• Page 5, Line 4acquired; except that disclosures may be permitted if the ombudsman

• Page 5, Line 5deems it necessary to enable the ombudsman to perform the ombudsman's

• Page 5, Line 6duties and to support any recommendations resulting from an

• Page 5, Line 7investigation. Records relating to complaints received by the office and

• Page 5, Line 8the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 5, Line 9(C)  The ombudsman and any employee or person acting on behalf

• Page 5, Line 10of the ombudsman shall not be compelled to provide oral and written

• Page 5, Line 11testimony in a civil or criminal proceeding in which the ombudsman is

• Page 5, Line 12not a legal party. Information, records, or documents requested and

• Page 5, Line 13reviewed by the ombudsman pursuant to this section are not subject to a

• Page 5, Line 14subpoena issued to the ombudsman, discovery from the ombudsman, or

• Page 5, Line 15introduction into evidence through the ombudsman in a civil or criminal

• Page 5, Line 16proceeding in which the ombudsman is not a legal party. Nothing in this

• Page 5, Line 17subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a

• Page 5, Line 18civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

• Page 5, Line 19(II) (A)  In investigating a complaint, the ombudsman has the

• Page 5, Line 20authority to request, access, and review any information, records, or

• Page 5, Line 21documents, including records of third parties, that the ombudsman deems

• Page 5, Line 22necessary to conduct a thorough and independent review of a complaint

• Page 5, Line 23so 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 24(B)  In the course of investigating a complaint pursuant to

• Page 6, Line 1subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 6, Line 2near fatality, or incident of egregious abuse or neglect against a child, as

• Page 6, Line 3defined in section 26-1-139 (2), upon request, the state department of

• Page 6, Line 4human services' child fatality review team, pursuant to section 26-1-139

• Page 6, Line 5(5)(e), shall provide the ombudsman the final confidential, case-specific review report.

• Page 6, Line 6(C)  In the course of investigating a complaint pursuant to

• Page 6, Line 7subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 6, Line 8upon request, the department of public health and environment's child

• Page 6, Line 9fatality prevention review team, pursuant to section 25-20.5-405, shall

• Page 6, Line 10provide the ombudsman with the nonidentifying case review findings and recommendations.

• Page 6, Line 11(D)  The ombudsman must have access to all information, records,

• Page 6, Line 12or documents described in subsection (1)(a)(II)(A) of this section created

• Page 6, Line 13in an investigation of an event or incident described in subsection

• Page 6, Line 14(1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section occurring in the

• Page 6, Line 15state from any entity, including but not limited to a coroner's office, law

• Page 6, Line 16enforcement agency, hospital, court, the office of state registrar of vital

• Page 6, Line 17statistics 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 18(E)  The ombudsman shall request, review, and receive copies of

• Page 6, Line 19records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and

• Page 6, Line 20(1)(a)(II)(C) of this section without cost if electronic records are not available.

• Page 6, Line 21(F)  Nothing in the provisions of subsection (1)(a)(II)(A),

• Page 6, Line 22(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the

• Page 6, Line 23ombudsman 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 7, Line 1(III)  The ombudsman shall refer any complaints relating to the

• Page 7, Line 2judicial department and judicial proceedings, including but not limited to

• Page 7, Line 3complaints concerning the conduct of judicial officers or attorneys of

• Page 7, Line 4record, judicial determinations, and court processes and procedures to the appropriate entity or agency within the judicial department.

• Page 7, Line 5(a)  To receive and conduct an independent and impartial

• Page 7, Line 6investigation of complaints concerning child protection services, including:

• Page 7, Line 7(I)  Complaints made by or on behalf of a child;

• Page 7, Line 8(II)  Complaints made by or on behalf of a child's or youth's family, caregiver, or other concerned individual;

• Page 7, Line 9(III)  Complaints made by or on behalf of a child or youth

• Page 7, Line 10pursuant to sections 19-2.5-1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);

• Page 7, Line 11(IV)  Complaints about an incident of egregious abuse or

• Page 7, Line 12neglect; near fatality, as described in section 26-1-139; or a

• Page 7, Line 13fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

• Page 7, Line 14(V)  Complaints concerning systemic issues, including, but

• Page 7, Line 15not limited to, statutory, budgetary, regulatory, and

• Page 7, Line 16administrative issues affecting the safety of and outcomes for

• Page 7, Line 17children, youth, and families receiving child protection services in Colorado; and

• Page 7, Line 18(VI)  Complaints raised by members of the community relating to child protection policies or procedures.

• Page 7, Line 19(a.5)  (b) (I)  Notwithstanding any provision of this section to the

• Page 8, Line 1contrary, the ombudsman may self-initiate an independent and impartial

• Page 8, Line 2investigation and ongoing review of the safety and well-being of an

• Page 8, Line 3unaccompanied immigrant child who lives in a state-licensed residential

• Page 8, Line 4child care facility, as defined in section 26-6-903, and who is in the

• Page 8, Line 5custody of the office of refugee resettlement of the federal department of

• Page 8, Line 6health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The

• Page 8, Line 7ombudsman may seek resolution of such investigation and ongoing

• Page 8, Line 8review, which may include, but need not be limited to, referring an

• Page 8, Line 9investigation and ongoing review to the state department or appropriate

• Page 8, Line 10agency or entity and making a recommendation for action relating to an investigation and ongoing review.

• Page 8, Line 11(II) (A)  In self-initiating an investigation and ongoing review of

• Page 8, Line 12the safety and well-being of an unaccompanied immigrant child who lives

• Page 8, Line 13in a state-licensed residential child care facility, the ombudsman has the

• Page 8, Line 14authority to request, review, and receive copies of any information,

• Page 8, Line 15records, or documents, including records of third parties, that the

• Page 8, Line 16ombudsman deems necessary to conduct a thorough and independent

• Page 8, Line 17investigation 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 18(B)  A state-licensed residential child care facility shall notify the

• Page 8, Line 19ombudsman and the state department within three days after the arrival of an each unaccompanied immigrant child.

• Page 8, Line 20(C)  The ombudsman may create and distribute outreach materials

• Page 8, Line 21to a state-licensed residential child care facility and to individuals who may have regular contact with an unaccompanied immigrant child.

• Page 8, Line 22(III)  As used in this subsection (1)(a.5) subsection (1)(b),

• Page 8, Line 23"unaccompanied immigrant child" means a child under the age of

• Page 9, Line 1eighteen years, without lawful immigration status in the United States,

• Page 9, Line 2who has been designated an unaccompanied child and transferred to the

• Page 9, Line 3custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

• Page 9, Line 4(b)  To evaluate and make a recommendation to the executive

• Page 9, Line 5director and any appropriate agency or entity for the creation of a

• Page 9, Line 6statewide grievance policy that is accessible by children and families within the child protection system and that is transparent and accountable;

• Page 9, Line 7(2) (a)  In investigating a complaint described in subsection (1)(a) of this section, the ombudsman shall:

• Page 9, Line 8(I)  Request, access, and review any information,

• Page 9, Line 9documents, or records, including records of third parties, the

• Page 9, Line 10ombudsman deems necessary to conduct an independent and

• Page 9, Line 11impartial investigation of complaints pursuant to section 19-3.3-103.4;

• Page 9, Line 12(II)  Seek resolution of a complaint, which may include, but

• Page 9, Line 13is not limited to, referring a complaint to the state department

• Page 9, Line 14or appropriate agency or entity and making a recommendation for action relating to a complaint; and

• Page 9, Line 15(III)  Refer any complaints relating to the judicial

• Page 9, Line 16department and judicial proceedings, including, but not limited

• Page 9, Line 17to, complaints concerning the conduct of judicial officers or

• Page 9, Line 18attorneys of record, judicial determinations, and court

• Page 9, Line 19processes and procedures, to the appropriate agency or entity.

• Page 9, Line 20Nothing in this section grants the office the authority to access

• Page 9, Line 21information, records, or documents to investigate a complaint

• Page 9, Line 22made in regards to the provision of legal services by an independent judicial agency or its contractors.

• Page 10, Line 1(b) (I)  Notwithstanding subsection (2)(a)(I) of this section to the contrary, the ombudsman shall not have access to:

• Page 10, Line 2(A)  Personnel files;

• (B)  Work product;

• Page 10, Line 3(C)  Information, documents, or records that may be

• Page 10, Line 4protected by an agency's or entity's attorney-client privilege; or

• Page 10, Line 5(D)  Information, documents, or records that may be protected by an agency's deliberative process privilege.

• Page 10, Line 6(II)  If an agency or entity withholds information,

• Page 10, Line 7documents, or records described in subsection (2)(b)(I) of this

• Page 10, Line 8section from the ombudsman, the agency or entity shall

• Page 10, Line 9communicate to the ombudsman that the information,

• Page 10, Line 10documents, or records were withheld and the reasons for withholding the information, documents, or records.

• Page 10, Line 11(c)  The ombudsman may decline to investigate a complaint

• Page 10, Line 12or continue an investigation. If the ombudsman declines to

• Page 10, Line 13investigate a complaint or continue an investigation, the office

• Page 10, Line 14shall notify the complainant of the decision and the reason for the ombudsman's actions.

• Page 10, Line 15(3)  In addition to the duties described in subsection (1)(a) of this section, the ombudsman has the following duties:

• Page 10, Line 16(c)  (a)  To report, as required by the provisions of section

• Page 10, Line 1719-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office;

• Page 10, Line 18(d)  (b)  To review the memorandum of understanding between the

• Page 11, Line 1office and the judicial department and renegotiate such memorandum of

• Page 11, Line 2understanding at any time as the office and the judicial department mutually deem appropriate;

• Page 11, Line 3(e)  (c)  To act on behalf of the office and serve as signator for the office;

• Page 11, Line 4(f)  (d)  To ensure accountability and consistency in the operating

• Page 11, Line 5policies and procedures, including reasonable rules to administer the

• Page 11, Line 6provisions of this article article 3.3 and any other standards of conduct and reporting requirements as provided by law; and

• Page 11, Line 7(g)  (e)  To serve or designate a person to serve on the youth

• Page 11, Line 8restraint and seclusion working group pursuant to section 26-20-110 (1)(i);

• Page 11, Line 9(2)  The ombudsman has the following powers, at a minimum:

• Page 11, Line 10(a)  To review issues raised by members of the community relating

• Page 11, Line 11to child protection policies or procedures and make recommendations to the appropriate agency or entity concerning those issues;

• Page 11, Line 12(b)  (f)  To review and evaluate the effectiveness and efficiency of

• Page 11, Line 13any existing grievance resolution mechanisms and to make

• Page 11, Line 14recommendations to the general assembly, executive director, and any

• Page 11, Line 15appropriate agency or entity for the improvement of the grievance resolution mechanisms;

• Page 11, Line 16(c)  (g)  To help educate the public concerning issues and

• Page 11, Line 17recommendations the ombudsman identifies, including on child

• Page 11, Line 18maltreatment and the role of the community in strengthening families and keeping children safe;

• Page 11, Line 19(d)  (h)  To promote best practices and effective programs relating

• Page 11, Line 20to a publicly funded child protection system and to work collaboratively

• Page 12, Line 1with county departments, when appropriate, regarding improvement of processes; and

• Page 12, Line 2(e)  (i)  To recommend to the general assembly, the executive

• Page 12, Line 3director, and any appropriate agency or entity statutory, budgetary,

• Page 12, Line 4regulatory, and administrative changes, including systemic changes, to

• Page 12, Line 5improve the safety of and promote better outcomes for children and

• Page 12, Line 6families receiving child protection services in Colorado.

• Page 12, Line 7Recommendations may address issues the ombudsman identifies

• Page 12, Line 8during the course of an investigation of complaints, as described

• Page 12, Line 9in subsection (1)(a) of this section. The ombudsman's

• Page 12, Line 10recommendations are subject to public disclosure pursuant to article 72 of title 24.and

• Page 12, Line 11(f)  To request, access, and review information, records, or documents received pursuant to subsection (1)(a)(II) of this section.

• Page 12, Line 12(3)  The ombudsman, employees of the office, and any persons

• Page 12, Line 13acting on behalf of the office shall comply with all state and federal

• Page 12, Line 14confidentiality laws that govern the department of early childhood, the

• Page 12, Line 15state department, or a county department with respect to the treatment of

• Page 12, Line 16confidential information or records and the disclosure of such information and records.

• Page 12, Line 17(4)  Nothing in this article shall be construed to direct or authorize

• Page 12, Line 18article 3.3 directs or authorizes the ombudsman to intervene in any

• Page 12, Line 19criminal or civil judicial proceeding or to interfere in a criminal investigation.

• Page 12, Line 20(5)  In the performance of the ombudsman's duties, the

• Page 12, Line 21ombudsman shall act independently of any public agency or provider

• Page 12, Line 22that receives public money and that may adversely affect the

• Page 13, Line 1safety, permanency, or well-being of a child or youth, including

• Page 13, Line 2the division within the department of early childhood that is responsible

• Page 13, Line 3for child care, of the divisions within the state department that are

• Page 13, Line 4responsible for child welfare or youth services, of the county departments

• Page 13, Line 5of human or social services, and of all judicial and independent

• Page 13, Line 6agencies. including, but not limited to, the office of the child's

• Page 13, Line 7representative, the office of the respondent parents' counsel, the office of

• Page 13, Line 8state public defender, the office of alternate defense counsel, and the

• Page 13, Line 9office of attorney regulation counsel. Any recommendations made by the

• Page 13, Line 10ombudsman or positions taken by the ombudsman do not reflect those of

• Page 13, Line 11any public agency, including the department of early childhood, state

• Page 13, Line 12department, judicial department and independent agencies, or county departments of human or social services.

• Page 13, Line 13SECTION 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 13, Line 1419-3.3-103.4.  Office of the child protection ombudsman -

• Page 13, Line 15access to information. (1) (a) (I) [Formerly 19-3.3-103 (1)(a)(II)(A)] In

• Page 13, Line 16investigating a complaint, the ombudsman office has the authority to

• Page 13, Line 17request, access, and review any information, records, or documents,

• Page 13, Line 18including records of third parties, that the ombudsman office deems

• Page 13, Line 19necessary to conduct a thorough and independent review of a complaint

• Page 13, Line 20so long as or event described in section 19-3.3-103 (1)(a). In the

• Page 13, Line 21investigation of a complaint or event described in section

• Page 13, Line 2219-3.3-103 (1)(a) that occurs in the state, the office must have

• Page 13, Line 23access to information, records, or documents that either the state

• Page 13, Line 24department, the department of early childhood, or a county

• Page 13, Line 25department would be entitled to access or receive. such information, records, or documents.

• Page 14, Line 1(II)  The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I).

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

• Page 14, Line 3office must have access to all information, records, or documents

• Page 14, Line 4described in subsection (1)(a)(II)(A) of this section created in an

• Page 14, Line 5investigation of an event or incident described in subsection (1)(a)(II)(A),

• Page 14, Line 6(1)(a)(II)(B), or (1)(a)(II)(C) of this section that the office deems

• Page 14, Line 7necessary to conduct a thorough and independent review of a

• Page 14, Line 8complaint or event described in section 19-3.3-103 (1)(a) occurring

• Page 14, Line 9in the state from any entity, including, but not limited to, a coroner's

• Page 14, Line 10office, law enforcement agency, hospital, court, the office of state

• Page 14, Line 11registrar of vital statistics described in section 25-2-103, and a

• Page 14, Line 12state-licensed out-of-home placement provider, as defined in section 26-5-104.

• Page 14, Line 13(II)  The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I).

• Page 14, Line 14(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of

• Page 14, Line 15investigating a complaint pursuant to subsection (1)(a)(I)(A) of this

• Page 14, Line 16section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 14, Line 17fatality, near fatality, or incident of egregious abuse or neglect against a

• Page 14, Line 18child, as defined in section 26-1-139 (2), upon request, the state

• Page 14, Line 19department of human services' child fatality review team, pursuant to

• Page 14, Line 20section 26-1-139 (5)(e), shall provide the ombudsman office the final confidential, case-specific review report.

• Page 14, Line 21(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of

• Page 14, Line 22investigating a complaint pursuant to subsection (1)(a)(I)(A) of this

• Page 15, Line 1section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 15, Line 2fatality, upon request, the department of public health and environment's

• Page 15, Line 3child fatality prevention review team, pursuant to section 25-20.5-405,

• Page 15, Line 4shall provide the ombudsman office with the nonidentifying case review findings and recommendations.

• Page 15, Line 5(2) (a)  The state department shall ensure the office has unrestricted access to TRAILS, as defined in section 26-5-118.

• Page 15, Line 6(b)  For educational purposes, the state department shall

• Page 15, Line 7ensure office employees are permitted to attend the child welfare training academy established in section 26-5-109.

• Page 15, Line 8(3) [Formerly 19-3.3-103 (1)(a)(II)(E)] The ombudsman office

• Page 15, Line 9shall request, review, and receive copies of records as described in

• Page 15, Line 10subsections (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 15, Line 11(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions

• Page 15, Line 12of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section

• Page 15, Line 13grants subpoena power to the ombudsman, employees of the office,

• Page 15, Line 14and any other person acting on behalf of the office for purposes

• Page 15, Line 15of investigating a complaint pursuant to subsection (1)(a)(II)(A),

• Page 15, Line 16(1)(a)(II)(B), or (1)(a)(II)(C) of this section described in section 19-3.3-103 (1)(a).

• Page 15, Line 1719-3.3-103.5.  Office of the child protection ombudsman -

• Page 15, Line 18confidentiality. (1)  The ombudsman, employees of the office, and

• Page 15, Line 19any person acting on behalf of the office shall comply with all

• Page 15, Line 20state and federal confidentiality laws that govern the

• Page 15, Line 21department of early childhood, the state department, or a

• Page 15, Line 22county department with respect to the treatment of

• Page 16, Line 1confidential information or records and the disclosure of such information and records.

• Page 16, Line 2(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman

• Page 16, Line 3office shall treat all complaints received pursuant to subsection

• Page 16, Line 4(1)(a)(I)(A) of this section section 19-3.3-103 (1)(a) as confidential,

• Page 16, Line 5including the identities of complainants and individuals from whom

• Page 16, Line 6information is acquired; except that disclosures may be permitted if the

• Page 16, Line 7ombudsman deems it necessary to enable the ombudsman to perform the

• Page 16, Line 8ombudsman's duties and to support any recommendations resulting from

• Page 16, Line 9an investigation. Records relating to complaints received by the office

• Page 16, Line 10and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 16, Line 11(b)  Records relating to complaints received by the office

• Page 16, Line 12and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 16, Line 13(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any

• Page 16, Line 14employee or person acting on behalf of the ombudsman shall not be

• Page 16, Line 15compelled to provide oral and written testimony in a civil or criminal

• Page 16, Line 16proceeding in which the ombudsman is not a legal party. Information,

• Page 16, Line 17records, or documents requested and reviewed by the ombudsman

• Page 16, Line 18pursuant to this section are not subject to a subpoena issued to the

• Page 16, Line 19ombudsman, discovery from the ombudsman, or introduction into

• Page 16, Line 20evidence through the ombudsman in a civil or criminal proceeding in

• Page 16, Line 21which the ombudsman is not a legal party. Nothing in this subsection

• Page 16, Line 22(1)(a)(I)(C) subsection (2)(a) restricts or limits the right to discover or

• Page 16, Line 23use in a civil or criminal action evidence that is discoverable independent

• Page 16, Line 24of the proceedings of the ombudsman.

• Page 17, Line 1SECTION 5.  In Colorado Revised Statutes, add 19-3.3-112 as follows:

• Page 17, Line 219-3.3-112.  Office of the child protection ombudsman - access

• Page 17, Line 3to state-licensed residential child care facilities and facilities -

• Page 17, Line 4education of children and youth in state-licensed residential child

• Page 17, Line 5care facilities and facilities. (1) (a)  A state-licensed residential

• Page 17, Line 6child care facility and a facility shall provide physical access

• Page 17, Line 7to its facility pursuant to this subsection (1)(a). The office may

• Page 17, Line 8only access a state-licensed residential child care facility or a facility in coordination with the facility directors:

• Page 17, Line 9(I)  In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;

• Page 17, Line 10(II)  In response to a request from a child's or youth's family member, caregiver, or other concerned individual; or

• Page 17, Line 11(III)  To distribute materials pursuant to subsection (2)(a) of this section.

• Page 17, Line 12(b)  A state-licensed residential child care facility or

• Page 17, Line 13facility shall not deny the office access to the state-licensed

• Page 17, Line 14residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.

• Page 17, Line 15(c)  Dependent upon available resources and at the

• Page 17, Line 16discretion of the ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

• Page 17, Line 17(d)  Upon a child's or youth's request, the state-licensed

• Page 17, Line 18residential child care facility or facility shall provide a private

• Page 17, Line 19and confidential space for the child or youth to meet with the

• Page 17, Line 20ombudsman, an office employee, or a person acting on behalf of the ombudsman.

• Page 18, Line 1(e)  The ombudsman, an employee of the office, or a person

• Page 18, Line 2acting on behalf of the ombudsman is subject to the protocol

• Page 18, Line 3and policies of each state-licensed residential child care facility and facility.

• Page 18, Line 4(2) (a)  The office shall create and distribute outreach

• Page 18, Line 5materials to state-licensed residential child care facilities and

• Page 18, Line 6facilities. The materials must contain information on how to

• Page 18, Line 7access the office, the office's services, and how to file a complaint with the office.

• Page 18, Line 8(b)  Each state-licensed residential child care facility and

• Page 18, Line 9facility shall display the materials described in subsection (2)(a)

• Page 18, Line 10of this section in a location visible to children or youth

• Page 18, Line 11receiving services from the residential child care facility or facility.

• Page 18, Line 12(c)  The office shall supply the materials described in

• Page 18, Line 13subsection (2)(a) of this section at the office's expense. The office

• Page 18, Line 14shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

• Page 18, Line 15(d)  The office shall coordinate with each state-licensed

• Page 18, Line 16residential child care facility and facility to provide in-person

• Page 18, Line 17educational courses to children and youth residing in the

• Page 18, Line 18facilities on how to access the office, the office's services, and how to file a complaint with the office.

• Page 18, Line 19(3)  The office and each state-licensed residential child

• Page 18, Line 20care facility or facility shall operate pursuant to a

• Page 18, Line 21memorandum of understanding between the office and each

• Page 19, Line 1residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

• Page 19, Line 2(a)  The office provides each state-licensed residential

• Page 19, Line 3child care facility or facility with notice of a child's or youth's

• Page 19, Line 4request to visit with the ombudsman within forty-eight business hours after receiving the request;

• Page 19, Line 5(b)  The state-licensed residential child care facility or

• Page 19, Line 6facility provides the ombudsman access to a facility and a

• Page 19, Line 7private, confidential space to meet with a child or youth within

• Page 19, Line 8five business days after the office receives the child's or youth's request to meet;

• Page 19, Line 9(c)  The office provides the state-licensed residential child

• Page 19, Line 10care facility or facility with notice at least five business days

• Page 19, Line 11before the office would like to enter the state-licensed

• Page 19, Line 12residential child care facility or facility to distribute materials pursuant to subsection (2)(a) of this section;

• Page 19, Line 13(d)  The state-licensed residential child care facility or

• Page 19, Line 14facility provides the office with proof that the materials

• Page 19, Line 15described in subsection (2)(a) of this section are displayed in a

• Page 19, Line 16location visible to children or youth as required pursuant to this section; and

• Page 19, Line 17(e)  Certain processes occur to provide a child or youth a

• Page 19, Line 18confidential, virtual meeting to meet with the ombudsman, an employee of the office, or a person acting on behalf of the office.

• Page 19, Line 19(4)  This section does not grant the office authority to conduct activities described in part 9 of article 6 of title 26.

• Page 19, Line 20SECTION 6.  In Colorado Revised Statutes, 19-3.3-108, add (1)(d) as follows:

• Page 20, Line 119-3.3-108.  Office of the child protection ombudsman - annual

• Page 20, Line 2report. (1)  On or before September 1 of each year, commencing with the

• Page 20, Line 3September 1 following the first fiscal year in which the office was

• Page 20, Line 4established, the ombudsman shall prepare a written report that must

• Page 20, Line 5include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:

• Page 20, Line 6(d)  Updates on outreach efforts to state-licensed

• Page 20, Line 7residential child care facilities and facilities established and

• Page 20, Line 8operated by the department of human services as described in section 19-3.3-112 (2)(c).

• Page 20, Line 9SECTION 7.  In Colorado Revised Statutes, 19-3.1-101, amend (3)(a) introductory portion as follows:

• Page 20, Line 1019-3.1-101.  Petition for dependency order for unaccompanied

• Page 20, Line 11children or youth in federal custody - definition. (3) (a)  The court

• Page 20, Line 12shall schedule a hearing within thirty-five days after the petition is filed,

• Page 20, Line 13unless a motion is made for a forthwith hearing because the child is

• Page 20, Line 14approaching eighteen years of age or other emergent circumstances, in

• Page 20, Line 15which case the court shall schedule the hearing within seven days. If the

• Page 20, Line 16court finds the statements in the petition are supported by a

• Page 20, Line 17preponderance of the evidence, the court shall declare the child dependent

• Page 20, Line 18on the court. A child declared dependent pursuant to this section may be

• Page 20, Line 19eligible for oversight and services by the office of the child protection

• Page 20, Line 20ombudsman pursuant to section 19-3.3-103 (1)(a.5) as described in

• Page 20, Line 21section 19-3.3-103 (1)(b). Upon request, the court may also issue an

• Page 20, Line 22order establishing the child's eligibility for classification as a special

• Page 20, Line 23immigrant juvenile under federal law, including:

• Page 21, Line 1SECTION 8.  In Colorado Revised Statutes, 25-20.5-405, amend (2)(d) as follows:

• Page 21, Line 225-20.5-405.  Local review teams - duties - authority. (2)  With

• Page 21, Line 3respect to each child fatality reviewed, the local or regional review team shall:

• Page 21, Line 4(d)  Report case review findings, as appropriate, to public and

• Page 21, Line 5private agencies that have responsibilities for children, including the

• Page 21, Line 6office of the child protection ombudsman pursuant to section as

• Page 21, Line 7described insections 19-3.3-103 and 19-3.3-103.4, and make

• Page 21, Line 8prevention recommendations to these agencies that may help to reduce the number of child fatalities;

• Page 21, Line 9SECTION 9.  In Colorado Revised Statutes, 25-20.5-408, amend (2)(c)(I) as follows:

• Page 21, Line 1025-20.5-408.  Access to records. (2)  Public access to records

• Page 21, Line 11and information. (c)  Release of information. (I)  Members of the state

• Page 21, Line 12review team, members of the local or regional review teams, a person

• Page 21, Line 13who attends a review team meeting, and a person who presents

• Page 21, Line 14information to a review team may release information to governmental

• Page 21, Line 15agencies as necessary to fulfill the requirements of this part 4, including

• Page 21, Line 16section 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 21, Line 17SECTION 10.  In Colorado Revised Statutes, 26-1-139, amend (5)(e) as follows:

• Page 21, Line 1826-1-139.  Child fatality and near fatality prevention - process

• Page 21, Line 19- department of human services child fatality review team - reporting

• Page 21, Line 20- rules - legislative declaration - definitions. (5) (e)  The team shall

• Page 21, Line 21provide the final confidential, case-specific review report to the executive

• Page 22, Line 1director, the director for any county or community agency referenced in

• Page 22, Line 2the report, the county board of human services of any county department

• Page 22, Line 3with previous involvement, as defined in subsection (2)(c) of this section,

• Page 22, Line 4the legislative members of the team appointed pursuant to subsection

• Page 22, Line 5(6)(f) of this section, the department of public health and environment,

• Page 22, Line 6and the office of the child protection ombudsman pursuant to section 19-3.3-103 (1)(a)(II)(B) as described in section 19-3.3-103.4 (1)(c)(I).

• Page 22, Line 7SECTION 11.  In Colorado Revised Statutes, 26-20-110, amend (1)(i) as follows:

• Page 22, Line 826-20-110.  Youth restraint and seclusion working group -

• Page 22, Line 9membership - purpose - repeal. (1)  There is established within the

• Page 22, Line 10division of youth services a youth restraint and seclusion working group,

• Page 22, Line 11referred to in this section as the "working group". The working group consists of:

• Page 22, Line 12(i)  The child protection ombudsman or his or her the child

• Page 22, Line 13protection ombudsman's designee pursuant to section 19-3.3-103 (1)(g) as described in section 19-3.3-103 (3)(e); and

• Page 22, Line 14SECTION 12.  In Colorado Revised Statutes, 27-50-108, amend (4)(c) as follows:

• Page 22, Line 1527-50-108.  Systemwide behavioral health grievance system.

• Page 22, Line 16(4)  On or before July 1, 2024, the BHA and state agencies shall execute

• Page 22, Line 17formal data-sharing agreements addressing data sharing consistent with

• Page 22, Line 18state and federal requirements, cooperation between the BHA and state

• Page 22, Line 19agencies, and any other provisions necessary to implement this section.

• Page 22, Line 20At a minimum, the BHA and the following entities shall execute such agreements:

• Page 22, Line 21(c)  The child protection ombudsman, appointed pursuant to

• Page 23, Line 1section 19-3.3-103 section 19-3.3-102 (3)(a)(I). All data released by the

• Page 23, Line 2ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3) section 19-3.3-103.5 (1) and (2).

• Page 23, Line 3SECTION 13.  Act subject to petition - effective date. This act

• Page 23, Line 4takes effect at 12:01 a.m. on the day following the expiration of the

• Page 23, Line 5ninety-day period after final adjournment of the general assembly; except

• Page 23, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 23, Line 7of the state constitution against this act or an item, section, or part of this

• Page 23, Line 8act within such period, then the act, item, section, or part will not take

• Page 23, Line 9effect unless approved by the people at the general election to be held in

• Page 23, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.