Digest of Bills - 2007

CHILDREN AND DOMESTIC MATTERS

S.B. 07-15 Dissolution of marriage - child support. Reorganizes section 14-10-115, Colorado Revised Statutes, concerning child support without making substantive changes.

APPROVED by Governor March 16, 2007
EFFECTIVE March 16, 2007

S.B. 07-18 Expedited child relinquishment procedures - clarification. Specifies that the juvenile court may terminate the parent-child legal relationship in expedited relinquishment proceedings.

Requires a child placement agency to provide information concerning the status of the court case, the case number, and the court in which the case was filed, if known by the agency, to a birth parent or possible birth parent ("parent") who contacts the agency after the notification procedures have been followed by the agency and the time for response by the parent has expired.

Requires a child placement agency to give notice to a parent in a manner appropriate under the Colorado rules of juvenile procedure for the service of process. Clarifies which notice provisions are used for a person identified as a possible birth parent for the filing of a petition for termination of the parent-child legal relationship. Clarifies that, under certain circumstances, a court may enter an order terminating the parent-child legal relationship without a hearing. Clarifies that, under certain circumstances, a court may terminate the parent-child legal relationship without the birth parent joining in the petition.

APPROVED by Governor March 16, 2007
EFFECTIVE July 1, 2007

S.B. 07-226 Placement of children outside of the home - compliance with changes in federal law - appropriations. To comply with the federal "Safe and Timely Interstate Placement of Foster Children Act of 2006":

         Requires a court to consider both in-state and out-of-state placement options for a child;

         Specifies persons who have a right to be heard in court proceedings;

         Allows a county completing an interstate home study in a timely fashion to receive federal incentive moneys.

To comply with the federal "Child and Family Services Improvement Act of 2006", requires a court to consult with a child, in an age-appropriate manner, regarding the child's permanency plan.

To comply with the federal "Adam Walsh Child Protection and Safety Act of 2006":

         Requires national fingerprint-based criminal history record checks;

      Prior to placement of a child in a home, requires a check to determine if any adult residing in a foster, kinship, or adoptive home has been found to be responsible in a confirmed report of child abuse or neglect in any state in which the adult has resided during the preceding 5 years;

         Allows other states to access Colorado's child abuse and neglect records;

         Requires the department of human services, in accordance with rules of the state board of human services, to provide notice of the fee for accessing records.

To comply with federal regulations, requires a relative or other person who accepts a child for placement in his or her home to report to a local law enforcement agency within a certain time period for the purpose of providing fingerprints for a criminal history records check. Requires the appropriate agency to remove the child from the home if fingerprints are not provided in a timely manner.

For the 2007-08 fiscal year:

         Appropriates $79,772 to the Colorado bureau of investigation in the department of public safety for pass-through fees associated with federal records checks; and

         Appropriates $142,562 to the division of child welfare in the department of human services for implementation of the act.

APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007

H.B. 07-1090 Adoption - investigations by licensed child placement agencies - prospective adoptive parents with felony convictions. Allows a licensed child placement agency to conduct an investigation of a prospective adoptive parent whose fingerprint-based criminal history records check reveals a conviction of a felony or misdemeanor at least 10 years prior to the application for adoption. Prohibits a child from being placed in the prospective adoptive parent's home pending the outcome of the investigation and the court's ruling on the petition for adoption. Creates a series of conditions that, if met, allow a person convicted of a felony offense to adopt a child. Sets forth certain classes of felony offenses that permanently exclude the person from adopting a child.

APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007

H.B. 07-1129 Restorative justice - consideration of restorative justice programs - coordinating council. Encourages each local juvenile services planning committee to consider restorative justice programs when developing its resources plan. Creates the restorative justice coordinating council in the judicial department to provide assistance and education related to restorative justice programs. Directs the Tony Grampsas youth services board to consider in the grant award process whether a grant program applicant includes restorative justice components.

APPROVED by Governor March 29, 2007
EFFECTIVE March 29, 2007

H.B. 07-1161 Juvenile detention - local risk assessment training - repeal. Subject to available resources, requires local juvenile screening teams to be trained in the use of the risk assessment tool used by the division of youth corrections in the department of human services. Repeals the requirement July 1, 2010.

APPROVED by Governor May 23, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1181 Crimes against children - child abuse investigation surcharge fund. Clarifies provisions relating to the child abuse investigation surcharge fund ("fund"). Requires the division of criminal justice in the department of public safety ("division") to establish guidelines for the distribution of moneys from the fund, including accountability and performance standards for programs that receive moneys from the fund. Allows the organization that distributes moneys from the fund to use a portion of the moneys for training and technical assistance, and requires the organization to report annually to the division. Requires programs that receive moneys from the fund to satisfy the accountability and performance standards established by the division.

APPROVED by Governor April 16, 2007
EFFECTIVE April 16, 2007

H.B. 07-1248 Colorado student before-and-after-school project - eligibility - fund - appropriation. Creates the Colorado student before-and-after-school project ("project") within the Tony Grampsas youth services program to provide funding for before-and-after-school programs primarily for youth enrolled in grades 6 through 8. Describes the types of before-and-after-school programs that qualify for funding. Directs the Tony Grampsas youth services board to award the grants using the existing application and award process.

Creates the Colorado student before-and-after-school program fund ("fund"). Appropriates $300,000 to the department of public health and environment, prevention services division, prevention partnerships, Tony Grampsas youth services program for the Colorado student before-and-after-school project.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

H.B. 07-1255 Uniform child abduction prevention act. Enables a court in a child-custody proceeding to issue an abduction prevention order with provisions the court determines necessary to protect the safety of the child after it finds evidence of a credible risk that a party will abduct a child to another state or a foreign jurisdiction. Lists the possible risk factors associated with child abduction and the safeguards that may be included in a prevention order to reduce the risk of abduction. Allows a party to obtain a court order directing law enforcement to take physical custody of the child if the court determines that the wrongful abduction of the child is imminent. Establishes the duration of the abduction prevention order. Incorporates the jurisdictional rules and the rules relating to cooperation and communication between courts as provided in the "Uniform Child Custody Jurisdiction and Enforcement Act".

APPROVED by Governor May 14, 2007
EFFECTIVE May 14, 2007

H.B. 07-1330 Adoption - second parent adoption. Allows a child to be adopted by a specified second adult parent upon the written and verified consent of the child's sole legal parent if the child has no other legal parent. Allows the use of the same home study report in cases where the sole legal parent adopted the child within 6 months prior to the second adoption and the second adult parent was included in that home study report.

APPROVED by Governor May 14, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

 

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


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