A Bill for an Act
Page 1, Line 101Concerning measures to support children in out-of-home
Page 1, Line 102placements in family-based settings through the
Page 1, Line 103creation of placement transition plans.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires the department of human services (department) to develop and adopt a placement transition plan (plan) template that outlines how a county or district department of human or social services (county department) will transition a child from one out-of-home placement in a foster care home, kinship foster care home, or non-certified kinship care home (placement) to another or back to the child's home. The purpose of the plan is to create consistency in transitioning children from one placement to another and to prevent children from experiencing unnecessary or abrupt placement changes that affect their well-being or sense of security.
The plan, at a minimum, must include:
- A determination of pre-transition logistics to adequately prepare for the child's new placement;
- A framework for pre-transition communications between the county department caseworker and individuals who are directly involved in the transition to ensure the transition is child-centered, trauma-informed, and in compliance with the rights of children and youth in foster care;
- A timeline to transition the child to a new placement;
- A plan to physically move the child to the new placement; and
- A framework for post-transition communications.
The department, within existing resources, shall create a training on the importance of plans that is recorded and made available on a training system that can be accessed statewide. The training must focus on plans and individuals who have lived experience with placement transitions.
Newly employed county caseworkers must complete the training within the first year of employment as a county caseworker. All caseworkers must complete this training every 3 years. A foster care, kinship foster care, or non-certified kinship care provider (provider) may complete the training and may receive support from the department or the county department to improve the provider's skills in transitioning a child in the provider's care from one placement to another.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 19-3-213.5 as follows:
Page 2, Line 319-3-213.5. Placement transition plans - out-of-home
Page 2, Line 4placements in family-based settings - training - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Placement" means placement in a foster care home or
Page 2, Line 6a kinship foster care home, as both are defined in section 26-6-903, or a non-certified kinship care home.
Page 3, Line 1(b) "Placement transition plan" means a plan developed
Page 3, Line 2pursuant to subsection (2)(a) of this section to prevent children
Page 3, Line 3in placements in foster care homes, kinship foster care homes, or
Page 3, Line 4non-certified kinship care homes from experiencing unnecessary
Page 3, Line 5or abrupt placement changes after a decision has been made by
Page 3, Line 6the county department, by the court, or by agreement between parties for a change of placement.
Page 3, Line 7(c) "Provider" means a foster care parent or a relative or
Page 3, Line 8kin who provides kinship foster care and who is certified to
Page 3, Line 9operate a kinship foster care home pursuant to section 26-6-910.
Page 3, Line 10"Provider" also includes a relative or kin who provides
Page 3, Line 11non-certified kinship care, as defined in section 26-6-903, to a child who is in the legal custody of the county department.
Page 3, Line 12(2) (a) On or before July 1, 2026, the department shall
Page 3, Line 13develop and adopt a placement transition plan template that
Page 3, Line 14outlines how the county department will transition a child
Page 3, Line 15from one placement to another and that will be used to develop
Page 3, Line 16individual placement transition plans when a decision has been
Page 3, Line 17made by the county department, by the court, or by agreement
Page 3, Line 18between parties to move the child to a new placement. The
Page 3, Line 19purpose of an individual placement transition plan is to create
Page 3, Line 20consistency in transitioning children from one placement to
Page 3, Line 21another and to prevent children from experiencing unnecessary
Page 3, Line 22or abrupt placement changes that affect their well-being or
Page 3, Line 23sense of security. An individual placement transition plan must
Page 3, Line 24prioritize the needs of the child while considering the needs of the parents, current providers, and future providers.
Page 4, Line 1(b) (I) A county department caseworker shall create an
Page 4, Line 2individual placement transition plan for a child any time the
Page 4, Line 3child is moved from one placement in a foster care home, kinship
Page 4, Line 4foster care home, or non-certified kinship care home to another or is moved from any placement back to the child's home.
Page 4, Line 5(II) The individual placement transition plan must not be used to slow down the return of a child to the child's home.
Page 4, Line 6(c) The county department may indicate in TRAILS, as defined in section 26-5-118 (1), that a plan was created.
Page 4, Line 7(d) A county department's individual placement transition
Page 4, Line 8plan created pursuant to subsection (2)(b) of this section does not override a court order for the placement of a child.
Page 4, Line 9(3) An individual placement transition plan, at a minimum, must include:
Page 4, Line 10(a) A determination of pre-transition logistics to
Page 4, Line 11adequately prepare for the child's new placement, including, but not limited to:
Page 4, Line 12(I) The reasons for a placement change;
Page 4, Line 13(II) The number of placement changes the child has already experienced;
Page 4, Line 14(III) The time frame for the impending placement change;
Page 4, Line 15(IV) The opportunities for the child to visit or contact the future provider prior to the transition;
Page 4, Line 16(V) The opportunities the child may have to maintain
Page 4, Line 17contact with the current provider or other individuals with
Page 4, Line 18whom the child has a significant relationship;
Page 5, Line 1(VI) How the transition will be managed, including, but not limited to:
Page 5, Line 2(A) Ensuring the child has their possessions;
Page 5, Line 3(B) Providing records and documents to the future provider; and
Page 5, Line 4(C) Sharing information between the current provider and the future provider;
Page 5, Line 5(VII) Whether the child will continue to be served by
Page 5, Line 6current health-care providers, mental health providers, and
Page 5, Line 7social services providers, and, if not, who will provide these
Page 5, Line 8services and how the transition will be managed to ensure continuity of care;
Page 5, Line 9(VIII) How the county department caseworker plans to
Page 5, Line 10ensure the placement transition plan is implemented as designed
Page 5, Line 11and how any necessary adjustments will occur and be communicated;
Page 5, Line 12(IX) Who may communicate with the child about the
Page 5, Line 13transition and how communication with the child regarding the transition will be handled; and
Page 5, Line 14(X) Who may communicate to the current provider or
Page 5, Line 15future provider to ensure that the providers do not disparage any of the child's previous, current, or future providers;
Page 5, Line 16(b) A framework for pre-transition communications
Page 5, Line 17between the county department caseworker and individuals who
Page 5, Line 18are directly involved in the transition to ensure the transition
Page 5, Line 19is child-centered, trauma-informed, and in compliance with the
Page 5, Line 20rights of children and youth in foster care, as described in
Page 6, Line 1section 19-7-101. The individuals who must be involved in the pre-transition communications, whenever possible, include:
Page 6, Line 2(I) The child's parent;
(II) The child's provider;
Page 6, Line 3(III) The child's attorney;
Page 6, Line 4(IV) The court-appointed special advocate, if the child has been appointed one;
Page 6, Line 5(V) The child, if the child is twelve years of age or older;
Page 6, Line 6(VI) Individuals important to the child who will be
Page 6, Line 7involved in the transition or may be helpful in making the transition successful; and
Page 6, Line 8(VII) Current service providers, as appropriate. Service
Page 6, Line 9providers may include medical providers, mental health providers, or educators.
Page 6, Line 10(c) A timeline to transition the child to a new placement, which must include:
Page 6, Line 11(I) Notifying the child, current provider, and future
Page 6, Line 12provider at least seven days before the move so the child may
Page 6, Line 13spend time with the future provider or spend time with service
Page 6, Line 14providers, school supports, or other connections who may be lost after the move; and
Page 6, Line 15(II) Establishing an alternative timeline, if necessary, that allows a child to move immediately if:
Page 6, Line 16(A) There are safety concerns for the child's physical or emotional safety in the current placement;
Page 6, Line 17(B) The current provider gives notice that they can no
Page 6, Line 18longer care for the child and the transition timeline must be shortened;
Page 7, Line 1(C) The child requests an immediate move to a new placement; or
Page 7, Line 2(D) The court orders a change in placement to occur sooner than a transition plan would allow;
Page 7, Line 3(d) A plan to physically move the child to the new placement, which must include:
Page 7, Line 4(I) Moving the child to the new placement by someone known to the child, to the extent practicable; and
Page 7, Line 5(II) Notifying the previous provider that the child arrived safely to the new placement;
Page 7, Line 6(e) A framework for post-transition communications, which must include:
Page 7, Line 7(I) Providing a status update on the child to the previous
Page 7, Line 8provider within a week after the transition, unless there is a
Page 7, Line 9safety concern in providing a status update to the previous
Page 7, Line 10provider, a party objects to sharing confidential information, or
Page 7, Line 11a court order prohibits the release of information to the previous provider; and
Page 7, Line 12(II) Communicating with the current provider and
Page 7, Line 13previous provider, if requested by the previous provider prior to
Page 7, Line 14the transition, to determine how the transition went and if the
Page 7, Line 15current provider or previous provider needs any support within a week after the transition.
Page 7, Line 16(4) (a) The department, within existing resources, shall
Page 7, Line 17create a training on the importance of placement transition
Page 7, Line 18plans that is recorded and made available on a training system
Page 8, Line 1that can be accessed statewide. The training must focus on
Page 8, Line 2placement transition plans and on individuals who have lived experience with placement transitions.
Page 8, Line 3(b) (I) Newly employed county caseworkers must complete
Page 8, Line 4the training described in subsection (4)(a) of this section within the first year of employment as a county caseworker.
Page 8, Line 5(II) All county caseworkers must complete the training described in subsection (4)(a) of this section every three years.
Page 8, Line 6(c) A provider may complete the training on placement
Page 8, Line 7transition plans described in subsection (4)(a) of this section and
Page 8, Line 8may receive support from the department or the county
Page 8, Line 9department pursuant to section 19-3-210.5 (1)(c) to improve the
Page 8, Line 10provider's skills in transitioning a child in the provider's care from one placement to another.
Page 8, Line 11(5) This section does not alter state law criteria that
Page 8, Line 12determines placement changes for a child or that returns a child to a parent's custody.
Page 8, Line 13SECTION 2. In Colorado Revised Statutes, 19-3-213, amend (1) introductory portion and (1)(a) as follows:
Page 8, Line 1419-3-213. Placement criteria. (1) In
anyPage 8, Line 15county department recommends placement out of the home for a child or
Page 8, Line 16in which a child is in out-of-home placement, the court, the guardian ad
Page 8, Line 17litem, the county department,
anyPage 8, Line 18shall consider the best interests of the child and shall comply with the following placement criteria:
Page 8, Line 19(a) Prior to the change of placement of a child, the county
Page 8, Line 20department shall, to the extent possible, notify the guardian ad litem or
Page 9, Line 1counsel for youth,
anyanyPage 9, Line 2party disagrees with the change of placement, the party may seek an
Page 9, Line 3emergency hearing concerning the appropriate placement for
aPage 9, Line 4In an emergency, the county department may proceed to make the change
Page 9, Line 5of placement prior to
anyPage 9, Line 6placement of a child, the county department shall create an
Page 9, Line 7individual placement transition plan, as described in section
Page 9, Line 819-3-213.5 (2)(b), for a change of placement of a child from a
Page 9, Line 9foster care home, kinship foster care home, or non-certified
Page 9, Line 10kinship care home to another, or a move from a foster care home,
Page 9, Line 11kinship foster care home, or non-certified kinship care home to the child's home.
Page 9, Line 12SECTION 3. Safety clause. The general assembly finds,
Page 9, Line 13determines, and declares that this act is necessary for the immediate
Page 9, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 15the support and maintenance of the departments of the state and state institutions.