C.R.S. Section 19-3-208
Services

  • county required to provide
  • out-of-home placement options
  • rules
  • definitions

(1)

Each county or city and county shall provide a set of services, as defined in subsection (2) of this section, to children who are in out-of-home placement or meet the social services out-of-home placement criteria and to their families in the state of Colorado eligible for such services as determined necessary by an assessment and a case plan. A county or city and county may enter into an agreement with any other county, city and county, or group of counties to share in the provision of these services. Each county, city and county, or group of counties may enter into contracts with private entities for the provision of these services. Each county or city and county shall have a process in place whereby services can readily be accessed by children and families determined to be in need of such services described in subsection (2) of this section. For the purposes of this subsection (1), the requirements of providing services or a process shall be made available based upon the state’s capacity to increase federal funding or any other moneys appropriated for these services.

(1.5)

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

(a)

“School of origin” has the same meaning as provided in section 22-32-138.

(b)

“Student in out-of-home placement” has the same meaning as provided in section 22-32-138.

(2)

Intentionally left blank —Ed.

(a)

“Services” shall be designed to accomplish the following goals:

(I)

Promote the immediate health, safety, and well-being of children eligible for these services based upon the case assessment and individual case plan;

(II)

Reduce the risk of future maltreatment of children who have previously been abused or neglected and protect the siblings of such children and other children who are members of the same household who may be subjected to maltreatment;

(III)

Avoid the unnecessary placement of children into foster care resulting from child abuse and neglect, voluntary decisions by families, or the commission of status offenses;

(IV)

Facilitate, if appropriate, the speedy reunification of parents with any of their children who have been placed in out-of-home placement;

(V)

Ensure that the placement of a child is neither delayed nor denied due to consideration of the race, color, or national origin of the child or any other person unless such consideration is permitted pursuant to federal law; and

(VI)

Promote the best interests of the child.

(b)

The following services must be available and provided, as determined necessary and appropriate by individual case plans:

(I)

Screening; assessments, including those required by the federal “Family First Prevention Services Act” of 2018, Titles IV-B and IV-E of the federal “Social Security Act”, as amended; and individual case plans;

(II)

Home-based family and crisis counseling;

(III)

Information and referral services to available public and private assistance resources;

(IV)

Family time services for parents with children or youth in out-of-home placement;

(V)

Placement services including foster care and emergency shelter; and

(VI)

Services including but not limited to transportation and case planning, as necessary for a student in out-of-home placement to remain in his or her school of origin, unless the county department determines that remaining in the school of origin is not in the student’s best interest.
(c)(Deleted by amendment, L. 94, p. 1054, § 4, effective May 4, 1994.)(d) The following services must be made available and provided based upon the state’s capacity to increase federal funding or any other money appropriated for these services and as determined necessary and appropriate by individual case plans:

(I)

Transportation to these services when other appropriate transportation is not available;

(II)

Child care as needed according to a case plan, when other child care is not available;

(III)

In-home supportive homemaker services;

(IV)

Diagnostic, mental health, and health-care services;

(V)

Drug and alcohol treatment services;

(VI)

After care services to prevent a return to out-of-home placement;

(VII)

Family support services while a child is in out-of-home placement including home-based services, family counseling, and placement alternative services;

(VIII)

Financial services in order to prevent placement;

(IX)

Family preservation services, which are brief, comprehensive, and intensive services provided to prevent the out-of-home placement of children or to promote the safe return of children to the home; and

(X)

Foster care prevention services.

(d.5)

On or before January 1, 2022, the department of human services, in cooperation with county departments of human or social services, shall analyze necessary data to assess and determine the number of placements necessary for each level of care for children or youth who are in out-of-home placements.

(d.7)

On or before July 1, 2022, the department of human services, in consultation with the department of health care policy and financing, shall develop and implement a plan to build capacity and develop appropriate and available out-of-home placement options for each necessary level of care in the state in order to serve the number of children and youth who require a given level of care.

(e)

The department of human services may promulgate such rules and regulations as are necessary to implement the provision of services pursuant to this article.

(f)

It is the intent of the general assembly to use existing general fund moneys which have serviced the programs described in this subsection (2) to access federal funds.

(g)

Services provided pursuant to this section are required to meet the provisions of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(3)

Intentionally left blank —Ed.

(a)

The state board of human services shall promulgate rules creating a standard and deliberate process for determining, in coordination with the education provider, parents, if appropriate, guardian ad litem or counsel for youth, and the child, whether it is in the best interest of a child in out-of-home placement to remain in the child’s school of origin when the child is placed in out-of-home placement or experiences a change in placement.

(b)

Each county department of human or social services shall coordinate with school districts and the state charter school institute to establish systems-level plans for how necessary transportation to a school of origin will be provided, arranged, and funded for the duration of a child or youth’s time as a student in out-of-home placement, including the equitable allocation of costs.

(c)

The department of human services shall provide technical assistance and compliance monitoring for the county departments of human or social services to ensure that county departments of human or social services are properly implementing this subsection (3), including administering funds to allow students in out-of-home placement to remain in their schools of origin, with transportation provided.

(d)

Any state funds expended pursuant to this section for children eligible under Title IV-E of the federal “Social Security Act”, as amended, shall be counted to satisfy matching requirements for federal funds received pursuant to that act.

(e)

The department shall convene a working group within six months after the effective date of this subsection (3)(e), including the department of education, county departments of human and social services, representatives from the special education directors, and other appropriate school district representatives, to identify issues related to foster youth education, transportation, and stability, as described in this subsection (3), and together, prior to the 2025 regular legislative session, develop written recommendations to the general assembly regarding any regulatory or statutory changes that may be required.

Source: Section 19-3-208 — Services - county required to provide - out-of-home placement options - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑3‑100.5
Legislative declarations - reasonable efforts - movement of children and sibling groups
19‑3‑102
Neglected or dependent child
19‑3‑103
Child not neglected - when
19‑3‑104
Hearings - procedure
19‑3‑201
Venue
19‑3‑201.5
Change of venue - county department and county attorney responsibilities - rules
19‑3‑202
Right to counsel and jury trial
19‑3‑203
Right to guardian ad litem and counsel for youth
19‑3‑205
Continuing jurisdiction
19‑3‑206
Representation of petitioner
19‑3‑207
Inadmissibility of certain evidence
19‑3‑208
Services - county required to provide - out-of-home placement options - rules - definitions
19‑3‑209
Individual case plan - required
19‑3‑210.5
Foster parents’ bill of rights
19‑3‑211
Conflict resolution process - rules - definitions
19‑3‑212
Notice of rights and remedies for families
19‑3‑213
Placement criteria
19‑3‑214
Placement reporting
19‑3‑215
Foster care - capacity may be exceeded for sibling groups
19‑3‑216
Rules
19‑3‑217
Family time upon removal - rules
19‑3‑301
Short title
19‑3‑302
Legislative declaration
19‑3‑304
Persons required to report child abuse or neglect
19‑3‑304.2
Mandatory reporter task force - creation - reporting - definitions - repeal
19‑3‑304.3
Domestic abuse task force - creation - best practices and training for recognition of domestic abuse as child abuse or neglect - policies and procedures - rules
19‑3‑304.5
Emergency possession of certain abandoned children - definition
19‑3‑305
Required report of postmortem investigation
19‑3‑306
Evidence of abuse - color photographs and X rays
19‑3‑307
Reporting procedures
19‑3‑308
Action upon report of intrafamilial, institutional, or third-party abuse - investigations - child protection team - rules - report
19‑3‑308.3
Differential response program for child abuse or neglect cases of low or moderate risk - rules - evaluation
19‑3‑308.5
Recorded interviews of child
19‑3‑309
Immunity from liability - persons reporting
19‑3‑309.5
Preconfirmation safety plan agreement - first-time minor incidents of child abuse or neglect - rules
19‑3‑310
Child abuse and child neglect diversion program
19‑3‑311
Evidence not privileged
19‑3‑312
Court proceedings
19‑3‑313.5
State department duties - reports of child abuse or neglect - training of county departments - rules - notice and appeal process - confidentiality
19‑3‑315
Federal funds
19‑3‑317
Screening tool - human trafficking
19‑3‑401
Taking children into custody
19‑3‑402
Duty of officer - notification - release or detention
19‑3‑403
Temporary custody - hearing - time limits - restriction - rules
19‑3‑403.5
Temporary shelter
19‑3‑404
Temporary shelter - child’s home
19‑3‑405
Temporary protective custody
19‑3‑406
Relatives or kin as providers of emergency, nonemergency, or continued placement for children or youth - initial criminal history record check - fingerprint-based criminal history record check - criteria for disqualification - use of criminal justice records - rules - definitions
19‑3‑500.2
Legislative declaration
19‑3‑501
Petition initiation - preliminary investigation - informal adjustment
19‑3‑502
Petition form and content - limitations on claims in dependency or neglect actions
19‑3‑503
Summons - issuance - contents - service
19‑3‑504
Contempt - warrant
19‑3‑505
Adjudicatory hearing - findings - adjudication
19‑3‑506
Child with a mental health disorder or an intellectual and developmental disability - procedure
19‑3‑507
Dispositional hearing - rules
19‑3‑508
Neglected or dependent child or youth - disposition - concurrent planning - definition
19‑3‑601
Short title
19‑3‑602
Motion for termination - separate hearing - right to counsel - no jury trial
19‑3‑603
Notice - abandonment
19‑3‑604
Criteria for termination
19‑3‑605
Request for placement with family members
19‑3‑606
Review of child’s disposition following termination of the parent-child legal relationship
19‑3‑607
Expert testimony
19‑3‑608
Effect of decree
19‑3‑609
Appeals - time requirements
19‑3‑610
Budgetary allocation for expenses
19‑3‑612
Reinstatement of the parent-child legal relationship - circumstances - petition - hearings - legislative declaration
19‑3‑702
Permanency hearing
19‑3‑702.5
Periodic reviews
19‑3‑704
Youth with disabilities - incapacitated persons
19‑3‑705
Transition hearing
19‑3‑901
Legislative declaration
19‑3‑902
Definitions
19‑3‑903
Task force on high-quality parenting time - creation - steering committee - membership
19‑3‑904
Task force - purposes - issues to study - written reports
19‑3‑905
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 19-3-208’s source at colorado​.gov