C.R.S. Section 19-1-130
Access to services related to out-of-home placement

  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Gender expression” means a person’s way of reflecting and expressing their gender to the outside world, typically demonstrated through appearance, dress, and behavior.

(b)

“Gender identity” means a person’s innate sense of the person’s own gender, which may or may not correspond with the person’s sex as assigned at birth.

(c)

“Placement-related service” means any program, benefit, or service related to out-of-home placement, including adoption, kinship care, foster care homes, and private child placement, or a benefit or service described in title 26 that is related to out-of-home placement, provided by the state department of human services, a county department of human or social services, a child placement agency, or any other such entity, or a contractor or subcontractor that provides such program, benefit, or service on behalf of the state department of human services, a county department of human or social services, a child placement agency, or any other such entity. Placement-related services may include, but are not limited to, pursuing adoption or any other child placement; providing early intervention services, out-of-home placement prevention services, or family preservation services; or any service related to licensing or training for child care centers, adoptive or foster parents, or kinship care. The state department of human services, a county department of human or social services, a child placement agency, or any other such entity is not required to contract with or access a placement-related service outside the current placement-related services that are utilized by that specific entity.

(d)

“Service provider” means the state department of human services, a county department of human or social services, or a child placement agency. “Service provider” includes a contractor or subcontractor that provides placement-related services on a service provider’s behalf.

(2)

A service provider that receives state money to provide placement-related services shall provide to each individual, family, or other service provider requesting services, including a service provider under investigation by the state department of human services or its designee for a violation of this section, fair and equal access to all available placement-related services offered by the service provider. Service providers that provide specialized placement-related services to specific populations are not required to provide services outside the scope of their specialized service or their specific population if the specialization serves a specific treatment-related purpose.

(3)

In addition to any restrictions set forth in section 24-34-805 (2)(b), a service provider that receives state money to provide placement-related services shall not:

(a)

Deny any person the opportunity to become an adoptive or a foster parent solely on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the person or a member of the person’s household. Any denial to care for a specific child or youth that includes one of these factors as the basis for the denial must be documented, must have a clear nexus to the ability to meet the needs of the child or youth, and the denial to care must not be detrimental to the health or welfare of the child or youth.

(b)

Delay or deny the placement of a child or youth for adoption or into foster care on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth;

(c)

Require different or additional screenings, processes, or procedures for adoptive or foster placement decisions solely on the basis of the following, unless such screenings, processes, or procedures are necessary to determine if the placement is detrimental to the health or welfare of the child or youth:

(I)

A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the prospective adoptive or foster parent; or

(II)

A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth involved; or

(d)

Subject a child or youth in foster care or an individual, family, or other service provider to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, when providing any placement-related service.

(4)

Intentionally left blank —Ed.

(a)

A service provider shall provide placement-related services in a manner that is culturally responsive to the complex social identity of the individual receiving such services. Complex social identities include but are not limited to race, ethnicity, nationality, age, religion, sex, sexual orientation, gender identity, gender expression, socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. Nothing in this subsection (4) may be used to cause the delay or denial of an out-of-home placement of a child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.

(b)

The state department of human services shall determine whether placement-related services are provided in a manner that is culturally responsive to the complex social identity of the individual receiving such services.

(5)

Nothing in this section diminishes the protections afforded to a parent, prospective parent, child, or youth with a disability, as described in sections 19-3-208, 19-5-100.2, and 24-34-805.

Source: Section 19-1-130 — Access to services related to out-of-home placement - definitions, 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

§ 19-1-130’s source at colorado​.gov