C.R.S. Section 19-1-115.5
Placement of children out of home

  • legislative declaration
(1)(a)(I) The general assembly hereby finds that the number of children in out-of-home placement has increased significantly. The general assembly further finds that the facility in which a child is placed out of home is often not located in the same school district as the child’s school district of residence. Nevertheless, the general assembly finds that, under the provisions of the “Public School Finance Act of 1994”, article 54 of title 22, C.R.S., children in foster home placement are considered residents of the school district in which the foster home is located. Accordingly, the school district in which the child is placed must accommodate the child and provide the child with the necessary educational services that serve the child’s best interests while absorbing the costs associated with such services within the constraints of the school district’s existing budget. The general assembly finds that in many circumstances it is not possible to meet the best interests of the child in out-of-home placement and the needs of other children enrolled in the school district within the confines of the district’s budget.

(II)

The general assembly determines that the number of children in out-of-home placement and the severity of their attendant needs are increasing. The ability to meet the needs of the children in out-of-home placement is frequently restricted by the limited resources available to a school district. Furthermore, the general assembly finds that there is a disproportionately larger number of children in out-of-home placement in some school districts than in others, thereby directly impacting the ability of certain school districts to effectively manage and finance the provision of quality educational services to all students in those districts.

(b)

The general assembly therefore determines that it would serve the best interests of all children enrolled in a school district if the number of children placed in out-of-home placement facilities by county departments of human or social services in each of the various school districts is monitored so that the financial impact on all school districts throughout the state is manageable and equitable and so that the best interests of all children, whether or not in out-of-home placement, can be served.

(2)

Intentionally left blank —Ed.

(a)

Contingent upon implementation of the children, youth, and families automation project in the department of human services, the department shall make the following information available to all county departments throughout the state:

(I)

Vacancies in out-of-home placement facilities within each county;

(II)

The number of out-of-home placement children enrolled in each school district in relation to the total number of students enrolled in the school district;

(III)

A list of all out-of-home placement facilities in each school district; and

(IV)

To the extent known and within available resources, a list of the types of services available in each school district to meet the special needs of children in out-of-home placement.

(b)

In every proceeding pursuant to this title in which the court contemplates placing a child out of home, the county department shall make recommendations to the court concerning the proposed placement. Such recommendations shall include information about placement facilities that are most able to serve appropriately the best interests of the child. In making its recommendations to the court, the county department shall consider:

(I)

The special needs, if any, of the child to be placed, including the ability of the proposed out-of-home placement facility and the school district in which the proposed out-of-home placement facility is located to provide the necessary services to meet those needs;

(II)

The proximity of the proposed out-of-home placement facility to the child’s parents’ home, if parental rights have not been terminated;

(III)

Whether the proposed placement facility is in the same school district as the child’s parents’ residence;

(IV)

If the proposed placement facility is not in the same school district as the child’s parents’ residence and if the information is available through the children, youth, and families automation project, the number of children placed out of home by the court who are already enrolled in the school district in which the proposed out-of-home placement facility is located.

(c)

If the recommendation of the county department is to place the child in a placement facility that is not located in the same school district as the child’s parents’ residence, the placing county department shall inform the school district in which the child’s parents reside of the recommended placement.

(d)

In placing a child out of home, the court shall consider the recommendations of the county department and any information it may have concerning whether the child’s educational needs can be met adequately if the child is placed in an out-of-home placement facility located in a school district other than the district in which the child’s parents reside.

(e)

Upon entry of the court’s order placing a child in an out-of-home placement facility located in a school district other than the school district in which the child’s parents reside, the county department shall advise the school district in which the child’s parents reside of the court’s order.

(f)

When a school district is advised by the county department that a child residing in that school district is to be placed in an out-of-home placement facility in another school district pursuant to a court order, the school district shall contact the school district in which the child is to be placed concerning:

(I)

The special educational needs, if any, of the child; and

(II)

The resources necessary to meet those special needs.

(3)

The state board of education shall provide the department of human services with all aggregate, nonidentifying information concerning student enrollment in every school district in the state that the department of human services may request for purposes of implementing this section.

Source: Section 19-1-115.5 — Placement of children out of home - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑1‑101
Short title 19‑1‑102
Legislative declaration 19‑1‑103
Definitions 19‑1‑104
Jurisdiction 19‑1‑105
Right to counsel and jury trial 19‑1‑106
Hearings - procedure - record 19‑1‑107
Social study and other reports 19‑1‑108
Magistrates - qualifications - duties 19‑1‑109
Appeals - child welfare appeals workgroup - created - reports 19‑1‑110
Previous orders and decrees - force and effect 19‑1‑111
Appointment of guardian ad litem 19‑1‑111.5
Court-appointed special advocate 19‑1‑112
Search warrants for the protection of children 19‑1‑113
Emergency protection orders 19‑1‑114
Order of protection 19‑1‑115
Legal custody - guardianship - placement out of the home - petition for review for need of placement 19‑1‑115.3
Missing children and youth from out-of-home placement - required reporting to law enforcement 19‑1‑115.5
Placement of children out of home - legislative declaration 19‑1‑115.7
Foster care prevention services - provision of services - rights and remedies - exchange of information 19‑1‑116
Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system 19‑1‑117.7
Requests for placement - legal custody by grandparents 19‑1‑123
Expedited procedures for permanent placement - children under the age of six years - designated counties 19‑1‑124
Providers of children’s services using federal or state moneys - use of state accounting standards 19‑1‑125
Family stabilization services 19‑1‑126
Compliance with the federal “Indian Child Welfare Act of 1978” 19‑1‑127
Responsibility for placement and care 19‑1‑129
Department - research authorized - prenatal substance exposure - newborn and family outcomes - report 19‑1‑130
Access to services related to out-of-home placement - definitions 19‑1‑131
Children of parents who are incarcerated - rules 19‑1‑201
Legislative intent 19‑1‑202
Creation of CASA programs 19‑1‑203
Program director 19‑1‑204
Training requirements 19‑1‑205
Selection of CASA volunteers 19‑1‑206
Appointment of CASA volunteers 19‑1‑207
Restrictions 19‑1‑208
Duties of CASA volunteer 19‑1‑209
Role and responsibilities of guardians ad litem - other parties 19‑1‑210
Access to information 19‑1‑211
Confidentiality 19‑1‑212
Liability 19‑1‑213
State CASA entity - duties - state court administrator duties - state court-appointed special advocate fund - definitions 19‑1‑301
Short title 19‑1‑302
Legislative declaration 19‑1‑303
General provisions - delinquency and dependency and neglect cases - exchange of information - civil penalty - rules - definitions 19‑1‑304
Juvenile delinquency records - division of youth services critical incident information - definitions 19‑1‑305
Operation of juvenile facilities 19‑1‑306
Expungement of juvenile delinquent records - definition 19‑1‑307
Dependency and neglect records and information - access - fee - records and reports fund - misuse of information - penalty - adult protective services data system check - rules 19‑1‑308
Parentage information 19‑1‑309
Relinquishments and adoption information 19‑1‑309.3
Exchange of information for child support purposes - process 19‑1‑309.5
Adoptive family resource registry
Green check means up to date. Up to date

Current through Fall 2024

§ 19-1-115.5’s source at colorado​.gov