House Bill 25-1200 Engrossed

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)  "Personnel files" has the same meaning as set forth in section 24-72-202.

• Page 3, Line 2(6)  "State-licensed residential child care facility" has the same meaning as set forth in section 26-6-903.

• Page 3, Line 3(7)  "Work product" has the same meaning as set forth in section 24-72-202.

• Page 3, Line 4SECTION 2.  In Colorado Revised Statutes, 19-3.3-102, amend (1)(a) and (3)(a)(I) as follows:

• Page 3, Line 519-3.3-102.  Office of the child protection ombudsman

• Page 3, Line 6established - child protection ombudsman advisory board -

• Page 3, Line 7qualifications of ombudsman - duties. (1) (a)  The independent office

• Page 3, Line 8of the child protection ombudsman referred to in this article 3.3 as the

• Page 3, Line 9"office", is established in the judicial department as an independent

• Page 3, Line 10agency for the purpose of ensuring the greatest protections for the children of Colorado.

• Page 3, Line 11(3)  The board has the following duties and responsibilities:

• Page 3, Line 12(a)  To oversee the following personnel decisions related to the ombudsman:

• Page 3, Line 13(I)  To appoint a person to serve as the child protection

• Page 3, Line 14ombudsman and director of the office. referred to in this article 3.3 as the

• Page 3, Line 15"ombudsman". The board may also discharge an acting ombudsman for

• Page 3, Line 16cause. A two-thirds majority vote is required to hire or discharge the

• Page 3, Line 17ombudsman. The general assembly shall set the ombudsman's

• Page 3, Line 18compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

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

• Page 4, Line 119-3.3-103.  Office of the child protection ombudsman - duties

• Page 4, Line 2- access to information - confidentiality - testimony - judicial review

• Page 4, Line 3- definitions. (1)  The ombudsman has the following duties, at a minimum:

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

• Page 4, Line 5services. For the purposes of this section, "complaint" means any report

• Page 4, Line 6or complaint made by or on behalf of a child relating to any action,

• Page 4, Line 7inaction, or decision of any public agency or any provider that receives

• Page 4, Line 8public money that may adversely affect the safety, permanency, or

• Page 4, Line 9well-being of the child. The ombudsman may, independently and

• Page 4, Line 10impartially, investigate a complaint, which may include complaints about

• Page 4, Line 11an incident of egregious abuse or neglect or near fatality, as described in

• Page 4, Line 12section 26-1-139, or fatality of a child, as described in part 20.5 of title 25

• Page 4, Line 13and section 26-1-139. The ombudsman may seek resolution of a

• Page 4, Line 14complaint, which may include but need not be limited to referring a

• Page 4, Line 15complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint.

• Page 4, Line 16(B)  The ombudsman shall treat all complaints received pursuant

• Page 4, Line 17to subsection (1)(a)(I)(A) of this section as confidential, including the

• Page 4, Line 18identities of complainants and individuals from whom information is

• Page 4, Line 19acquired; except that disclosures may be permitted if the ombudsman

• Page 4, Line 20deems it necessary to enable the ombudsman to perform the ombudsman's

• Page 4, Line 21duties and to support any recommendations resulting from an

• Page 4, Line 22investigation. Records relating to complaints received by the office and

• Page 4, Line 23the investigation of complaints are exempt from public disclosure

• Page 4, Line 24pursuant to article 72 of title 24.

• Page 5, Line 1(C)  The ombudsman and any employee or person acting on behalf

• Page 5, Line 2of the ombudsman shall not be compelled to provide oral and written

• Page 5, Line 3testimony in a civil or criminal proceeding in which the ombudsman is

• Page 5, Line 4not a legal party. Information, records, or documents requested and

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

• Page 5, Line 6subpoena issued to the ombudsman, discovery from the ombudsman, or

• Page 5, Line 7introduction into evidence through the ombudsman in a civil or criminal

• Page 5, Line 8proceeding in which the ombudsman is not a legal party. Nothing in this

• Page 5, Line 9subsection (1)(a)(I)(C) restricts or limits the right to discover or use in a

• Page 5, Line 10civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

• Page 5, Line 11(II) (A)  In investigating a complaint, the ombudsman has the

• Page 5, Line 12authority to request, access, and review any information, records, or

• Page 5, Line 13documents, including records of third parties, that the ombudsman deems

• Page 5, Line 14necessary to conduct a thorough and independent review of a complaint

• Page 5, Line 15so 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 16(B)  In the course of investigating a complaint pursuant to

• Page 5, Line 17subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 5, Line 18near fatality, or incident of egregious abuse or neglect against a child, as

• Page 5, Line 19defined in section 26-1-139 (2), upon request, the state department of

• Page 5, Line 20human services' child fatality review team, pursuant to section 26-1-139

• Page 5, Line 21(5)(e), shall provide the ombudsman the final confidential, case-specific review report.

• Page 5, Line 22(C)  In the course of investigating a complaint pursuant to

• Page 5, Line 23subsection (1)(a)(I)(A) of this section that is related to a child fatality,

• Page 5, Line 24upon request, the department of public health and environment's child

• Page 6, Line 1fatality prevention review team, pursuant to section 25-20.5-405, shall

• Page 6, Line 2provide the ombudsman with the nonidentifying case review findings and recommendations.

• Page 6, Line 3(D)  The ombudsman must have access to all information, records,

• Page 6, Line 4or documents described in subsection (1)(a)(II)(A) of this section created

• Page 6, Line 5in an investigation of an event or incident described in subsection

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

• Page 6, Line 7state from any entity, including but not limited to a coroner's office, law

• Page 6, Line 8enforcement agency, hospital, court, the office of state registrar of vital

• Page 6, 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 6, Line 10(E)  The ombudsman shall request, review, and receive copies of

• Page 6, Line 11records as described in subsections (1)(a)(II)(A), (1)(a)(II)(B), and

• Page 6, Line 12(1)(a)(II)(C) of this section without cost if electronic records are not available.

• Page 6, Line 13(F)  Nothing in the provisions of subsection (1)(a)(II)(A),

• Page 6, Line 14(1)(a)(II)(B), or (1)(a)(II)(C) of this section grants subpoena power to the

• Page 6, Line 15ombudsman 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 16(III)  The ombudsman shall refer any complaints relating to the

• Page 6, Line 17judicial department and judicial proceedings, including but not limited to

• Page 6, Line 18complaints concerning the conduct of judicial officers or attorneys of

• Page 6, Line 19record, judicial determinations, and court processes and procedures to the appropriate entity or agency within the judicial department.

• Page 6, Line 20(a)  To receive and conduct an independent and impartial

• Page 6, Line 21investigation of complaints concerning child protection

• Page 6, Line 22services, including:

• (I)  Complaints made by or on behalf of a child;

• Page 7, Line 1(II)  Complaints made by or on behalf of a child's or youth's family, caregiver, or other concerned individual;

• Page 7, Line 2(III)  Complaints made by or on behalf of a child or youth

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

• Page 7, Line 4(IV)  Complaints about an incident of egregious abuse or

• Page 7, Line 5neglect; near fatality, as described in section 26-1-139; or a

• Page 7, Line 6fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

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

• Page 7, Line 8not limited to, statutory, budgetary, regulatory, and

• Page 7, Line 9administrative issues affecting the safety of and outcomes for

• Page 7, Line 10children, youth, and families receiving child protection services in Colorado; and

• Page 7, Line 11(VI)  Complaints raised by members of the community relating to child protection policies or procedures.

• Page 7, Line 12(a.5)  (b) (I)  Notwithstanding any provision of this section to the

• Page 7, Line 13contrary, the ombudsman may self-initiate an independent and impartial

• Page 7, Line 14investigation and ongoing review of the safety and well-being of an

• Page 7, Line 15unaccompanied immigrant child who lives in a state-licensed residential

• Page 7, Line 16child care facility, as defined in section 26-6-903, and who is in the

• Page 7, Line 17custody of the office of refugee resettlement of the federal department of

• Page 7, Line 18health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The

• Page 7, Line 19ombudsman may seek resolution of such investigation and ongoing

• Page 7, Line 20review, which may include, but need not be limited to, referring an

• Page 7, Line 21investigation and ongoing review to the state department or appropriate

• Page 8, Line 1agency or entity and making a recommendation for action relating to an investigation and ongoing review.

• Page 8, Line 2(II) (A)  In self-initiating an investigation and ongoing review of

• Page 8, Line 3the safety and well-being of an unaccompanied immigrant child who lives

• Page 8, Line 4in a state-licensed residential child care facility, the ombudsman has the

• Page 8, Line 5authority to request, review, and receive copies of any information,

• Page 8, Line 6records, or documents, including records of third parties, that the

• Page 8, Line 7ombudsman deems necessary to conduct a thorough and independent

• Page 8, Line 8investigation 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 9(B)  A state-licensed residential child care facility shall notify the

• Page 8, Line 10ombudsman and the state department within three days after the arrival of an each unaccompanied immigrant child.

• Page 8, Line 11(C)  The ombudsman may create and distribute outreach materials

• Page 8, Line 12to a state-licensed residential child care facility and to individuals who may have regular contact with an unaccompanied immigrant child.

• Page 8, Line 13(III)  As used in this subsection (1)(a.5) subsection (1)(b),

• Page 8, Line 14"unaccompanied immigrant child" means a child under the age of

• Page 8, Line 15eighteen years, without lawful immigration status in the United States,

• Page 8, Line 16who has been designated an unaccompanied child and transferred to the

• Page 8, Line 17custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

• Page 8, Line 18(b)  To evaluate and make a recommendation to the executive

• Page 8, Line 19director and any appropriate agency or entity for the creation of a

• Page 8, Line 20statewide grievance policy that is accessible by children and families within the child protection system and that is transparent and accountable;

• Page 8, Line 21(2) (a)  In investigating a complaint described in subsection (1)(a) of this section, the ombudsman shall:

• Page 9, Line 1(I)  Request, access, and review any information,

• Page 9, Line 2documents, or records, including records of third parties, the

• Page 9, Line 3ombudsman deems necessary to conduct an independent and

• Page 9, Line 4impartial investigation of complaints pursuant to section 19-3.3-103.4;

• Page 9, Line 5(II)  Seek resolution of a complaint, which may include, but

• Page 9, Line 6is not limited to, referring a complaint to the state department

• Page 9, Line 7or appropriate agency or entity and making a recommendation for action relating to a complaint; and

• Page 9, Line 8(III)  Refer any complaints relating to the judicial

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

• Page 9, Line 10to, complaints concerning the conduct of judicial officers or

• Page 9, Line 11attorneys of record, judicial determinations, and court

• Page 9, Line 12processes and procedures, to the appropriate agency or entity.

• Page 9, Line 13Nothing in this section grants the office the authority to access

• Page 9, Line 14information, records, or documents to investigate a complaint

• Page 9, Line 15made in regards to the provision of legal services by an independent judicial agency or its contractors.

• Page 9, Line 16(b) (I)  Notwithstanding subsection (2)(a)(I) of this section to the contrary, the ombudsman shall not have access to:

• Page 9, Line 17(A)  Personnel files;

• (B)  Work product;

• Page 9, Line 18(C)  Information, documents, or records that may be

• Page 9, Line 19protected by an agency's or entity's attorney-client privilege; or

• Page 9, Line 20(D)  Information, documents, or records that may be protected by an agency's deliberative process privilege.

• Page 10, Line 1(II)  If an agency or entity withholds information,

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

• Page 10, Line 3section from the ombudsman, the agency or entity shall

• Page 10, Line 4communicate to the ombudsman that the information,

• Page 10, Line 5documents, or records were withheld and the reasons for withholding the information, documents, or records.

• Page 10, Line 6(c)  The ombudsman may decline to investigate a complaint

• Page 10, Line 7or continue an investigation. If the ombudsman declines to

• Page 10, Line 8investigate a complaint or continue an investigation, the office

• Page 10, Line 9shall notify the complainant of the decision and the reason for the ombudsman's actions.

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

• Page 10, Line 11(c)  (a)  To report, as required by the provisions of section

• Page 10, Line 1219-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office;

• Page 10, Line 13(d)  (b)  To review the memorandum of understanding between the

• Page 10, Line 14office and the judicial department and renegotiate such memorandum of

• Page 10, Line 15understanding at any time as the office and the judicial department mutually deem appropriate;

• Page 10, Line 16(e)  (c)  To act on behalf of the office and serve as signator for the office;

• Page 10, Line 17(f)  (d)  To ensure accountability and consistency in the operating

• Page 10, Line 18policies and procedures, including reasonable rules to administer the

• Page 10, Line 19provisions of this article article 3.3 and any other standards of conduct

• Page 10, Line 20and reporting requirements as provided by law; and

• Page 11, Line 1(g)  (e)  To serve or designate a person to serve on the youth

• Page 11, Line 2restraint and seclusion working group pursuant to section 26-20-110 (1)(i);

• Page 11, Line 3(2)  The ombudsman has the following powers, at a minimum:

• Page 11, Line 4(a)  To review issues raised by members of the community relating

• Page 11, Line 5to child protection policies or procedures and make recommendations to the appropriate agency or entity concerning those issues;

• Page 11, Line 6(b)  (f)  To review and evaluate the effectiveness and efficiency of

• Page 11, Line 7any existing grievance resolution mechanisms and to make

• Page 11, Line 8recommendations to the general assembly, executive director, and any

• Page 11, Line 9appropriate agency or entity for the improvement of the grievance resolution mechanisms;

• Page 11, Line 10(c)  (g)  To help educate the public concerning issues and

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

• Page 11, Line 12maltreatment and the role of the community in strengthening families and keeping children safe;

• Page 11, Line 13(d)  (h)  To promote best practices and effective programs relating

• Page 11, Line 14to a publicly funded child protection system and to work collaboratively

• Page 11, Line 15with county departments, when appropriate, regarding improvement of processes; and

• Page 11, Line 16(e)  (i)  To recommend to the general assembly, the executive

• Page 11, Line 17director, and any appropriate agency or entity statutory, budgetary,

• Page 11, Line 18regulatory, and administrative changes, including systemic changes, to

• Page 11, Line 19improve the safety of and promote better outcomes for children and

• Page 11, Line 20families receiving child protection services in Colorado.

• Page 11, Line 21Recommendations may address issues the ombudsman identifies

• Page 11, Line 22during the course of an investigation of complaints, as described

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

• Page 12, Line 2recommendations are subject to public disclosure pursuant to article 72 of title 24.and

• Page 12, Line 3(f)  To request, access, and review information, records, or documents received pursuant to subsection (1)(a)(II) of this section.

• Page 12, Line 4(3)  The ombudsman, employees of the office, and any persons

• Page 12, Line 5acting on behalf of the office shall comply with all state and federal

• Page 12, Line 6confidentiality laws that govern the department of early childhood, the

• Page 12, Line 7state department, or a county department with respect to the treatment of

• Page 12, Line 8confidential information or records and the disclosure of such information and records.

• Page 12, Line 9(4)  Nothing in this article shall be construed to direct or authorize

• Page 12, Line 10article 3.3 directs or authorizes the ombudsman to intervene in any

• Page 12, Line 11criminal or civil judicial proceeding or to interfere in a criminal investigation.

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

• Page 12, Line 13ombudsman shall act independently of any public agency or provider

• Page 12, Line 14that receives public money and that may adversely affect the

• Page 12, Line 15safety, permanency, or well-being of a child or youth, including

• Page 12, Line 16the division within the department of early childhood that is responsible

• Page 12, Line 17for child care, of the divisions within the state department that are

• Page 12, Line 18responsible for child welfare or youth services, of the county departments

• Page 12, Line 19of human or social services, and of all judicial and independent

• Page 12, Line 20agencies. including, but not limited to, the office of the child's

• Page 12, Line 21representative, the office of the respondent parents' counsel, the office of

• Page 12, Line 22state public defender, the office of alternate defense counsel, and the

• Page 12, Line 23office of attorney regulation counsel. Any recommendations made by the

• Page 13, Line 1ombudsman or positions taken by the ombudsman do not reflect those of

• Page 13, Line 2any public agency, including the department of early childhood, state

• Page 13, Line 3department, judicial department and independent agencies, or county departments of human or social services.

• Page 13, Line 4SECTION 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 519-3.3-103.4.  Office of the child protection ombudsman -

• Page 13, Line 6access to information. (1) (a) (I) [Formerly 19-3.3-103 (1)(a)(II)(A)] In

• Page 13, Line 7investigating a complaint, the ombudsman office has the authority to

• Page 13, Line 8request, access, and review any information, records, or documents,

• Page 13, Line 9including records of third parties, that the ombudsman office deems

• Page 13, Line 10necessary to conduct a thorough and independent review of a complaint

• Page 13, Line 11so long as or event described in section 19-3.3-103 (1)(a). In the

• Page 13, Line 12investigation of a complaint or event described in section

• Page 13, Line 1319-3.3-103 (1)(a) that occurs in the state, the office must have

• Page 13, Line 14access to information, records, or documents that either the state

• Page 13, Line 15department or a county department would be entitled to access or receive. such information, records, or documents.

• Page 13, Line 16(II)  The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I).

• Page 13, Line 17(b) (I) [Formerly 19-3.3-103 (1)(a)(II)(D)] The ombudsman

• Page 13, Line 18office must have access to all information, records, or documents

• Page 13, Line 19described in subsection (1)(a)(II)(A) of this section created in an

• Page 13, Line 20investigation of an event or incident described in subsection (1)(a)(II)(A),

• Page 13, Line 21(1)(a)(II)(B), or (1)(a)(II)(C) of this section that the office deems

• Page 13, Line 22necessary to conduct a thorough and independent review of a

• Page 13, Line 23complaint or event described in section 19-3.3-103 (1)(a) occurring

• Page 14, Line 1in the state from any entity, including, but not limited to, a coroner's

• Page 14, Line 2office, law enforcement agency, hospital, court, the office of state

• Page 14, Line 3registrar of vital statistics described in section 25-2-103, and a

• Page 14, Line 4state-licensed out-of-home placement provider, as defined in section 26-5-104.

• Page 14, Line 5(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 6(c) (I) [Formerly 19-3.3-103 (1)(a)(II)(B)] In the course of

• Page 14, Line 7investigating a complaint pursuant to subsection (1)(a)(I)(A) of this

• Page 14, Line 8section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 14, Line 9fatality, near fatality, or incident of egregious abuse or neglect against a

• Page 14, Line 10child, as defined in section 26-1-139 (2), upon request, the state

• Page 14, Line 11department of human services' child fatality review team, pursuant to

• Page 14, Line 12section 26-1-139 (5)(e), shall provide the ombudsman office the final confidential, case-specific review report.

• Page 14, Line 13(II) [Formerly 19-3.3-103 (1)(a)(II)(C)] In the course of

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

• Page 14, Line 15section described in section 19-3.3-103 (1)(a) that is related to a child

• Page 14, Line 16fatality, upon request, the department of public health and environment's

• Page 14, Line 17child fatality prevention review team, pursuant to section 25-20.5-405,

• Page 14, Line 18shall provide the ombudsman office with the nonidentifying case review findings and recommendations.

• Page 14, Line 19(2) (a)  The state department shall ensure the office has unrestricted access to TRAILS, as defined in section 26-5-118.

• Page 14, Line 20(b)  For educational purposes, the state department shall

• Page 14, Line 21ensure office employees are permitted to attend the child

• Page 14, Line 22welfare training academy established in section 26-5-109.

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

• Page 15, Line 2shall request, review, and receive copies of records as described in

• Page 15, Line 3subsections (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 4(4) [Formerly 19-3.3-103 (1)(a)(II)(F)] Nothing in the provisions

• Page 15, Line 5of subsection (1)(a)(II)(A), (1)(a)(II)(B), or (1)(a)(II)(C) of this section

• Page 15, Line 6grants subpoena power to the ombudsman, employees of the office,

• Page 15, Line 7and any other person acting on behalf of the office for purposes

• Page 15, Line 8of investigating a complaint pursuant to subsection (1)(a)(II)(A),

• Page 15, Line 9(1)(a)(II)(B), or (1)(a)(II)(C) of this section described in section 19-3.3-103 (1)(a).

• Page 15, Line 1019-3.3-103.5.  Office of the child protection ombudsman -

• Page 15, Line 11confidentiality. (1)  The ombudsman, employees of the office, and

• Page 15, Line 12any person acting on behalf of the office shall comply with all

• Page 15, Line 13state and federal confidentiality laws that govern the

• Page 15, Line 14department of early childhood, the state department, or a

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

• Page 15, Line 16confidential information or records and the disclosure of such information and records.

• Page 15, Line 17(2) (a) [Formerly 19-3.3-103 (1)(a)(I)(B)] The ombudsman

• Page 15, Line 18office shall treat all complaints received pursuant to subsection

• Page 15, Line 19(1)(a)(I)(A) of this section section 19-3.3-103 (1)(a) as confidential,

• Page 15, Line 20including the identities of complainants and individuals from whom

• Page 15, Line 21information is acquired; except that disclosures may be permitted if the

• Page 15, Line 22ombudsman deems it necessary to enable the ombudsman to perform the

• Page 15, Line 23ombudsman's duties and to support any recommendations resulting from

• Page 15, Line 24an investigation. Records relating to complaints received by the office

• Page 16, Line 1and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 16, Line 2(b)  Records relating to complaints received by the office

• Page 16, Line 3and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

• Page 16, Line 4(c) [Formerly 19-3.3-103 (1)(a)(I)(C)] The ombudsman and any

• Page 16, Line 5employee or person acting on behalf of the ombudsman shall not be

• Page 16, Line 6compelled to provide oral and written testimony in a civil or criminal

• Page 16, Line 7proceeding in which the ombudsman is not a legal party. Information,

• Page 16, Line 8records, or documents requested and reviewed by the ombudsman

• Page 16, Line 9pursuant to this section are not subject to a subpoena issued to the

• Page 16, Line 10ombudsman, discovery from the ombudsman, or introduction into

• Page 16, Line 11evidence through the ombudsman in a civil or criminal proceeding in

• Page 16, Line 12which the ombudsman is not a legal party. Nothing in this subsection

• Page 16, Line 13(1)(a)(I)(C) subsection (2)(a) restricts or limits the right to discover or

• Page 16, Line 14use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

• Page 16, Line 15SECTION 5.  In Colorado Revised Statutes, add 19-3.3-112 as follows:

• Page 16, Line 1619-3.3-112.  Office of the child protection ombudsman - access

• Page 16, Line 17to state-licensed residential child care facilities and facilities -

• Page 16, Line 18education of children and youth in state-licensed residential child

• Page 16, Line 19care facilities and facilities. (1) (a)  A state-licensed residential

• Page 16, Line 20child care facility and a facility shall provide physical access

• Page 16, Line 21to its facility pursuant to this subsection (1)(a). The office may

• Page 16, Line 22only access a state-licensed residential child care facility or

• Page 16, Line 23a facility in coordination with the facility directors:

• Page 17, Line 1(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 2(II)  In response to a request from a child's or youth's family member, caregiver, or other concerned individual; or

• Page 17, Line 3(III)  To distribute materials pursuant to subsection (2)(a) of this section.

• Page 17, Line 4(b)  A state-licensed residential child care facility or

• Page 17, Line 5facility shall not deny the office access to the state-licensed

• Page 17, Line 6residential 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 7(c)  Dependent upon available resources and at the

• Page 17, Line 8discretion of the ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

• Page 17, Line 9(d)  Upon a child's or youth's request, the state-licensed

• Page 17, Line 10residential child care facility or facility shall provide a private

• Page 17, Line 11and confidential space for the child or youth to meet with the

• Page 17, Line 12ombudsman, an office employee, or a person acting on behalf of the ombudsman.

• Page 17, Line 13(e)  The ombudsman, an employee of the office, or a person

• Page 17, Line 14acting on behalf of the ombudsman is subject to the protocol

• Page 17, Line 15and policies of each state-licensed residential child care facility and facility.

• Page 17, Line 16(2) (a)  The office shall create and distribute outreach

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

• Page 17, Line 18facilities. The materials must contain information on how to

• Page 17, Line 19access the office, the office's services, and how to file a

• Page 17, Line 20complaint with the office.

• Page 18, Line 1(b)  Each state-licensed residential child care facility and

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

• Page 18, Line 3of this section in a location visible to children or youth

• Page 18, Line 4receiving services from the residential child care facility or facility.

• Page 18, Line 5(c)  The office shall supply the materials described in

• Page 18, Line 6subsection (2)(a) of this section at the office's expense. The office

• Page 18, Line 7shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

• Page 18, Line 8(d)  The office shall coordinate with each state-licensed

• Page 18, Line 9residential child care facility and facility to provide in-person

• Page 18, Line 10educational courses to children and youth residing in the

• Page 18, Line 11facilities on how to access the office, the office's services, and how to file a complaint with the office.

• Page 18, Line 12(3)  The office and each state-licensed residential child

• Page 18, Line 13care facility or facility shall operate pursuant to a

• Page 18, Line 14memorandum of understanding between the office and each

• Page 18, Line 15residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

• Page 18, Line 16(a)  The office provides each state-licensed residential

• Page 18, Line 17child care facility or facility with notice of a child's or youth's

• Page 18, Line 18request to visit with the ombudsman within forty-eight business hours after receiving the request;

• Page 18, Line 19(b)  The state-licensed residential child care facility or

• Page 18, Line 20facility provides the ombudsman access to a facility and a

• Page 18, Line 21private, confidential space to meet with a child or youth within

• Page 18, Line 22five business days after the office receives the child's or youth's request to meet;

• Page 19, Line 1(c)  The office provides the state-licensed residential child

• Page 19, Line 2care facility or facility with notice at least five business days

• Page 19, Line 3before the office would like to enter the state-licensed

• Page 19, Line 4residential child care facility or facility to distribute materials pursuant to subsection (2)(a) of this section;

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

• Page 19, Line 6facility provides the office with proof that the materials

• Page 19, Line 7described in subsection (2)(a) of this section are displayed in a

• Page 19, Line 8location visible to children or youth as required pursuant to this section; and

• Page 19, Line 9(e)  Certain processes occur to provide a child or youth a

• Page 19, Line 10confidential, virtual meeting to meet with the ombudsman, an employee of the office, or a person acting on behalf of the office.

• Page 19, Line 11(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 12SECTION 6.  In Colorado Revised Statutes, 19-3.3-108, add (1)(d) as follows:

• Page 19, Line 1319-3.3-108.  Office of the child protection ombudsman - annual

• Page 19, Line 14report. (1)  On or before September 1 of each year, commencing with the

• Page 19, Line 15September 1 following the first fiscal year in which the office was

• Page 19, Line 16established, the ombudsman shall prepare a written report that must

• Page 19, Line 17include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:

• Page 19, Line 18(d)  Updates on outreach efforts to state-licensed

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

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

• Page 20, Line 1SECTION 7.  In Colorado Revised Statutes, 19-3.1-101, amend (3)(a) introductory portion as follows:

• Page 20, Line 219-3.1-101.  Petition for dependency order for unaccompanied

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

• Page 20, Line 4shall schedule a hearing within thirty-five days after the petition is filed,

• Page 20, Line 5unless a motion is made for a forthwith hearing because the child is

• Page 20, Line 6approaching eighteen years of age or other emergent circumstances, in

• Page 20, Line 7which case the court shall schedule the hearing within seven days. If the

• Page 20, Line 8court finds the statements in the petition are supported by a

• Page 20, Line 9preponderance of the evidence, the court shall declare the child dependent

• Page 20, Line 10on the court. A child declared dependent pursuant to this section may be

• Page 20, Line 11eligible for oversight and services by the office of the child protection

• Page 20, Line 12ombudsman pursuant to section 19-3.3-103 (1)(a.5) as described in

• Page 20, Line 13section 19-3.3-103 (1)(b). Upon request, the court may also issue an

• Page 20, Line 14order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including:

• Page 20, Line 15SECTION 8.  In Colorado Revised Statutes, 25-20.5-405, amend (2)(d) as follows:

• Page 20, Line 1625-20.5-405.  Local review teams - duties - authority. (2)  With

• Page 20, Line 17respect to each child fatality reviewed, the local or regional review team shall:

• Page 20, Line 18(d)  Report case review findings, as appropriate, to public and

• Page 20, Line 19private agencies that have responsibilities for children, including the

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

• Page 20, Line 21described insections 19-3.3-103 and 19-3.3-103.4, and make

• Page 20, Line 22prevention recommendations to these agencies that may help to reduce the number of child fatalities;

• Page 21, Line 1SECTION 9.  In Colorado Revised Statutes, 25-20.5-408, amend (2)(c)(I) as follows:

• Page 21, Line 225-20.5-408.  Access to records. (2)  Public access to records

• Page 21, Line 3and information. (c)  Release of information. (I)  Members of the state

• Page 21, Line 4review team, members of the local or regional review teams, a person

• Page 21, Line 5who attends a review team meeting, and a person who presents

• Page 21, Line 6information to a review team may release information to governmental

• Page 21, Line 7agencies as necessary to fulfill the requirements of this part 4, including

• Page 21, Line 8section 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 9SECTION 10.  In Colorado Revised Statutes, 26-1-139, amend (5)(e) as follows:

• Page 21, Line 1026-1-139.  Child fatality and near fatality prevention - process

• Page 21, Line 11- department of human services child fatality review team - reporting

• Page 21, Line 12- rules - legislative declaration - definitions. (5) (e)  The team shall

• Page 21, Line 13provide the final confidential, case-specific review report to the executive

• Page 21, Line 14director, the director for any county or community agency referenced in

• Page 21, Line 15the report, the county board of human services of any county department

• Page 21, Line 16with previous involvement, as defined in subsection (2)(c) of this section,

• Page 21, Line 17the legislative members of the team appointed pursuant to subsection

• Page 21, Line 18(6)(f) of this section, the department of public health and environment,

• Page 21, Line 19and 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 21, Line 20SECTION 11.  In Colorado Revised Statutes, 26-20-110, amend (1)(i) as follows:

• Page 21, Line 2126-20-110.  Youth restraint and seclusion working group -

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

• Page 22, Line 2division of youth services a youth restraint and seclusion working group,

• Page 22, Line 3referred to in this section as the "working group". The working group consists of:

• Page 22, Line 4(i)  The child protection ombudsman or his or her the child

• Page 22, Line 5protection 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 6SECTION 12.  In Colorado Revised Statutes, 27-50-108, amend (4)(c) as follows:

• Page 22, Line 727-50-108.  Systemwide behavioral health grievance system.

• Page 22, Line 8(4)  On or before July 1, 2024, the BHA and state agencies shall execute

• Page 22, Line 9formal data-sharing agreements addressing data sharing consistent with

• Page 22, Line 10state and federal requirements, cooperation between the BHA and state

• Page 22, Line 11agencies, and any other provisions necessary to implement this section.

• Page 22, Line 12At a minimum, the BHA and the following entities shall execute such agreements:

• Page 22, Line 13(c)  The child protection ombudsman, appointed pursuant to

• Page 22, Line 14section 19-3.3-103 section 19-3.3-102 (3)(a)(I). All data released by the

• Page 22, Line 15ombudsman shall comply with section 19-3.3-103 (1)(a)(I)(B) and (3) section 19-3.3-103.5 (1) and (2).

• Page 22, Line 16SECTION 13.  Act subject to petition - effective date. This act

• Page 22, Line 17takes effect at 12:01 a.m. on the day following the expiration of the

• Page 22, Line 18ninety-day period after final adjournment of the general assembly; except

• Page 22, Line 19that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 22, Line 20of the state constitution against this act or an item, section, or part of this

• Page 22, Line 21act within such period, then the act, item, section, or part will not take

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

• Page 23, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.