Digest of Bills - 2006

CHILDREN AND DOMESTIC MATTERS

S.B. 06-45 Child care - exempt family child care home providers - fingerprint-based criminal history records check - issuance and renewal of contracts - appropriation. Requires a person who provides child care through a family child care home that is exempt from licensing ("exempt provider") for a child whose care is funded in part or in whole with child care assistance program moneys ("program moneys") to undergo a fingerprint-based criminal history records check ("FCC"). Mandates an FCC for each adult who resides in the family child care home. Requires that the FCC for an exempt provider or adult living in the family child care home to be conducted by the Colorado bureau of investigation if the individual has resided in Colorado for more than 2 years. For an exempt provider or adult living in the family child care home who has resided in Colorado for less than 2 years, the Colorado bureau of investigation additionally shall conduct a federal bureau of investigation FCC.

Makes the submittal of fingerprints by such a provider or adult mandatory for the issuance or renewal of a contract involving program moneys. Requires a new FCC upon the addition of a new adult residing in the family child care home. Mandates that each applicant pay a fee for processing the FCC at the time of application.

Stipulates that a contract involving program moneys shall not be issued or renewed if an applicant has been convicted of child abuse, a crime of violence, or certain other felony offenses. Further stipulates that a contract for program moneys shall not be issued or renewed if an applicant has been determined to be insane or mentally incompetent or has a pattern of misdemeanor convictions occurring within 10 years preceding the application. Requires an applicant to sign an attestation stating that he or she has not been determined to be insane or mentally incompetent.

Provides for a period of conditional operation pending receipt of the results of the FCC, including provisional payment of program moneys if there is an existing contract. Authorizes the state board of human services to promulgate rules regarding collection of fees for FCCs, and authorizes the department of human services to collect fees.

For the 2006-07 fiscal year, appropriates $37,134 and 1.0 FTE out of the child care licensing cash fund to the department of human services, division of child care, for the implementation of the act. For the 2006-07 fiscal year, appropriates $38,873 and 1.0 FTE out of the child care licensing cash fund to the department of human services, executive director's office, for allocation to the criminal background check unit of the office of performance improvement for the implementation of the act. For the 2006-07 fiscal year, appropriates $182,099 and 2.0 FTE to the department of public safety, Colorado bureau of investigation, for the Colorado crime information center, for fingerprint-processing services related to the implementation of the act.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

S.B. 06-108 Juvenile parole - early discharge - special achievement. Allows the juvenile parole board to discharge a juvenile from parole prior to completion of the 6-month mandatory period of parole upon finding conditions of special achievement by the juvenile. Mandates certain achievements that shall be included in the conditions of special achievement.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

H.B. 06-1058 Crimes against children surcharge - fund - distribution - appropriation.Creates a schedule of surcharges to be paid by offenders who commit crimes against children. Creates the child abuse investigation surcharge fund ("fund") that is subject to annual appropriation by the general assembly to the division of criminal justice in the department of public safety ("DCJ"). Directs DCJ to use moneys from the fund to support training and enhanced services in programs that coordinate a multi-disciplinary team response for child sexual abuse intervention. Requires a program receiving the moneys to have a signed interagency agreement and protocol with law enforcement agencies, the district attorney's office, the county department of social services, and the county department of human services in the jurisdiction where the program operates and requires that the program be accredited.

Appropriates from the fund $187,000 and 0.5 FTE to the department of public safety for the implementation of the act.

APPROVED by Governor June 7, 2006
EFFECTIVE July 1, 2006

H.B. 06-1071 Juvenile hearings - county department intervention - county department appeal. Authorizes a county department of human services to intervene in a delinquency case in which the county department has custody of a child. Allows a county department of human services to seek district court review of a magistrate decision. Repeals some changes made in the act on July 1, 2007.

APPROVED by Governor April 18, 2006
PORTIONS EFFECTIVE April 18, 2006
PORTIONS EFFECTIVE July 1, 2007

H.B. 06-1112 Juvenile detention - conforming changes to federal law. Removes the phrase "physically secure" from the definition of "temporary holding facility". Defines "status offense" as it is defined in federal law. Clarifies that juveniles held in adult facilities shall be segregated by sight and sound. Creates a civil penalty for a jailer who violates the sight and sound provisions. Prohibits a juvenile court from ordering a juvenile to enter an adult facility as a disposition for an offense or as a means of modifying the juvenile offender's behavior. Prohibits a juvenile alleged to have committed a status offense or convicted of a status offense from being held in a secure setting. Requires a juvenile court to follow C.R.J.P. rule 3.8 in truancy cases. Compels the division of criminal justice in the department of public safety to inspect juvenile facilities, jails, and lockups, and collect data on juveniles in juvenile facilities.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

H.B. 06-1123 Taking minor into custody - runaway - parent reports runaway. Requires law enforcement officers to take a child into temporary custody without a court order when reasonable grounds exist to believe a child is a runaway and the child's parent or guardian has reported the runaway to a law enforcement agency.

APPROVED by Governor April 5, 2006
EFFECTIVE April 5, 2006

H.B. 06-1267 Child support enforcement - emancipation - paternity - calculation of wage.Clarifies language to specify that a child support obligation does not terminate until the last or only child emancipates. Disallows genetic tests to determine paternity after entry of the final order establishing paternity, rather than after entry of the final decree of dissolution. Adds language to the uniform parentage act to allow a personal representative of the estate or a relative of a deceased alleged parent to be named as a party in a paternity action. Removes the requirement that a child support obligor's social security number appear on child support notices. Allows, rather than requires, imputation of minimum wage for a 40-hour-work week to parents when a child support order is established or modified.

APPROVED by Governor April 18, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1344 Domestic partnerships - licenses - benefits, protections and responsibilities of domestic partners - referred measure - appropriations. Authorizes the issuance of licenses and certificates for domestic partnerships between same-sex couples by a county clerk and recorder. Authorizes certain persons to certify a domestic partnership. Directs that no priest, minister, rabbi, or other official of a religious institution or denomination shall be required to certify any domestic partnership in violation of his or her right to free exercise of religion. Specifies the criteria for a valid domestic partnership.

Directs the executive director of the department of public health and environment and the state registrar of vital statistics to issue forms necessary to implement the act. Requires a county clerk and recorder to submit records of registered domestic partnerships to the office of vital statistics. Authorizes a county clerk and recorder to collect a $7 fee for a domestic partnership license. Authorizes the collection of an additional fee to be set by the state registrar of vital statistics, which shall be credited to the vital statistics records cash fund.

Provides that domestic partners may receive benefits, protections, and responsibilities under the law as are granted to spouses, including the following:

● Responsibility for financial support of a domestic partner;

● Laws relating to the transfer of real or personal property to a domestic partner;

● The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;

● Prohibitions against discrimination based upon spousal status;

● The ability to inherit real and personal property from a domestic partner under the probate code;

● Priority for appointment as a conservator, guardian, or personal representative;

● Survivor benefits under and inclusion in workers' compensation laws;

● The ability to adopt a child of a domestic partner;

● The ability to insure a domestic partner under group benefit plans for state employees;

● The ability to designate a domestic partner as a beneficiary under the state public employees retirement system;

● Survivor benefits under local government firefighter and police pensions;

● Protections and coverage under domestic abuse and domestic violence laws;

● Victims' compensation rights;

● Protections and responsibilities relating to emergency and nonemergency medical care and treatment and hospital visitation;

● The ability to file a complaint about the care or treatment of a domestic partner in a nursing home;

● Protections and responsibilities to make decisions regarding a domestic partner's terminal care or medical treatment and decisions relating to medical decisions, medical durable power of attorney documents, or advance medical directives;

● Rights concerning the disposition of a domestic partner's last remains;

● The right to make decisions regarding anatomical gifts;

● Eligibility for family leave benefits;

● Eligibility for public assistance benefits;

● A privilege from providing compelled testimony against a domestic partner and evidentiary privileges for domestic partners;

● The right to apply for emergency or involuntary commitment of a domestic partner;

● Rights to claim a homestead exemption;

● The ability to protect exempt property from attachment, execution, or garnishment;

● Dependent coverage under life insurance and health insurance policies.

Provides the same process for dissolution, legal separation, or declaration of invalidity of a domestic partnership as provided is in the law for the dissolution, legal separation, and declaration of invalidity of a marriage.

States that the act shall not be construed to create a marriage between the parties to a domestic partnership, create or recognize a legal status similar to marriage, or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. States that, notwithstanding any provision of law to the contrary, nothing in the act shall be interpreted to require a child placement agency to place a child for adoption with domestic partners if the child placement agency objects to such placement on the basis of religious beliefs. States that nothing in the act shall be construed to permit the filing of a joint income tax return by the parties to a domestic partnership.

Prohibits a custodian of records from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a domestic partnership license of any person, except that a district court may order the custodian to permit inspection of the license application for a domestic partnership upon a showing of good cause.

Refers the question of enacting a domestic partnership law to the electors of Colorado at the next general election. Authorizes the general assembly to enact implementing legislation if the measure is adopted by the electors.

For the fiscal year beginning July 1, 2006, appropriates the following:

$24,167 and 0.5 FTE to the department of regulatory agencies to be allocated to the Colorado civil rights division for the implementation of the act;

$33,885 to the department of regulatory agencies to be allocated to the executive director's office for the implementation of the act;

$33,885 and 0.2 FTE to the department of law for the provision of legal services to the department of regulatory agencies from the department of law. Specifies that the sum shall be from cash funds exempt received from the department of regulatory agencies out of the appropriation made to the department of regulatory agencies by the act.

REFERRED MEASURE November 2006
NOTE: This act will be submitted to a vote of the people at the November 2006 general election.

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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