Transition hearing

19-3-705. Transition hearing. (1) When a youth turns eighteen years of age while the youth is a named child or is a youth in a dependency and neglect case open through this article 3, the court shall hold a transition hearing within thirty-five days after the youth's eighteenth birthday. The purpose of the transition hearing is to determine whether the youth will opt into the foster youth in transition program, established in section 19-7-303, or, alternatively, choose to emancipate. (2) At least seven days prior to a transition hearing, a county department shall file a report with the court that includes: (a) A description of the county department's reasonable efforts toward achieving the youth's permanency goals and a successful transition to adulthood; (b) An affirmation that the county department has provided the youth with all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the youth's family history and contact information for siblings, if available and appropriate; (c) An affirmation that the county department has informed the youth, in a developmentally appropriate manner, of the benefits and options available to the youth by participating in the foster youth in transition program created in section 19-7-303 and the voluntary nature of that program; and (d) A statement of whether the youth has made a preliminary decision whether to emancipate or to enter the foster youth in transition program created in section 19-7-303 and either or both of the following: (I) If it is anticipated that the youth will choose to emancipate, the report must include a copy of the youth's emancipation transition plan executed pursuant to section 19-7-310, finalized no more than ninety days prior to the youth's transition; or (II) If it is anticipated that the youth will choose to enter the foster youth in transition program created in section 19-7-303, the county department shall file a petition pursuant to section 19-7-307. (3) The court shall advise the youth that: (a) Except as provided in section 19-3-704, the youth has the right to choose whether to emancipate or to voluntarily continue receiving services through the foster youth in transition program created in section 19-7-303; (b) To participate in the foster youth in transition program created in section 19-7-303, the youth must enter into a voluntary services agreement with the county department. The transition program provides the youth with access to financial support with housing and other services, as outlined in section 19-7-305. (c) Services provided through the foster youth in transition program created in section 19-7-303 are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304; (d) If the youth chooses to emancipate but later decides support is needed, the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth's twenty-first birthday or such greater age of foster care eligibility as required by federal law; and (e) The youth has the right to counsel, who shall represent the youth throughout the youth's participation in the foster youth transition program. The court shall advise the youth that the current emancipation transition hearing may be continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation. The court shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and if the youth is ready to make a decision at the current time or, alternatively, if the youth would like to request a continuance of up to one hundred nineteen days. (4) Prior to a youth emancipating, the court shall: (a) Review the youth's emancipation transition plan executed pursuant to section 19-7-310 and consult with the youth on readiness for emancipation; (b) Determine whether the county department has made reasonable efforts toward the youth's permanency goal and a successful transition to adulthood; (c) Determine whether the youth has been provided with all necessary records and documents described in subsection (2)(b) of this section; and (d) Determine whether the youth has been enrolled in medicaid and advise the youth on the youth's eligibility for former foster care medicaid up to twenty-six years of age pursuant to section 26-5-113 and of the necessity of keeping the youth's contact information up to date. (5) With the youth's consent, the court may continue the emancipation transition hearing for up to one hundred nineteen days to allow time to improve the youth's emancipation transition plan, gather necessary documents and records, or for any other reason necessary to allow the youth a successful transition to adulthood. (6) If a youth is opting into the foster youth in transition program created in section 19-7-303 and a petition has been filed pursuant to section 19-7-307, the court shall dismiss the case pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3, leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of article 7 of this title 19. Such an action must not result in an interruption in case management services, housing, medicaid coverage, or in foster care maintenance payments. Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, � 7, effective June 25. L. 2022: (1) and (5) amended, (HB 22-1245), ch. 88, p. 418, � 5, effective August 10; (3)(e) amended, (HB 22-1038), ch. 92, p. 442, � 27, effective January 9, 2023. Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. PART 8 TASK FORCE ON THE COLLECTION AND SECURITY OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT 19-3-801 to 19-3-805. (Repealed) Editor's note: (1) This part 8 was added in 2016 and was not amended prior to its repeal in 2019. For the text of this part 8 prior to its repeal in 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 19-3-805 provided for the repeal of this part 8, effective July 1, 2019. (See L. 2016, p. 1043.) PART 9 TASK FORCE ON HIGH-QUALITY PARENTING TIME Editor's note: (1) This part 9 was added in 2021. For amendments to this part 9 prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 19-3-905 provided for the repeal of this part 9, effective July 1, 2025. (See L. 2023, p. 1685.) 19-3-901 to 19-3-905. (Repealed) ARTICLE 3.1 Dependency Proceedings for Unaccompanied Children or Youth in Federal Custody 19-3.1-101. Petition for dependency order for unaccompanied children or youth in federal custody - definition. (1) When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section 19-1-103 (1)(a) or subjected to the parental actions and omissions listed in section 19-3-102, that child may file a petition for a dependency order pursuant to this section with the juvenile court in the judicial district where the child is housed. (2) (a) The petition must: (I) Set forth the facts that bring the child under the court's jurisdiction pursuant to subsection (1) of this section; (II) State the child's name, age, and country of birth; and (III) Identify the facility in Colorado where the child is housed in the custody of the federal office of refugee resettlement. (b) The statements in the petition may be made upon information and belief. (c) The petition must not name the child's parent as a respondent. The petition must state clearly that parental rights may not be terminated through proceedings under this section. (3) (a) The court shall schedule a hearing within thirty-five days after the petition is filed, unless a motion is made for a forthwith hearing because the child is approaching eighteen years of age or other emergent circumstances, in which case the court shall schedule the hearing within seven days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent pursuant to this section may be eligible for oversight and services by the office of the child protection ombudsman as described in section 19-3.3-103 (1)(b). Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including: (I) Declaring the child dependent; (II) Determining that reunification of the child with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (3)(a)(II), abandonment includes, but is not limited to, the death of one or both parents. (III) Determining that it is not in the best interests of the child to be returned to the child's or parents' previous country of nationality or country of last habitual residence. (b) The order may be entered at any time following the filing of the petition or at the hearing. (4) The court shall not alter the child's custody status or placement unless the federal department of health and human services provides specific consent. (5) The court may retain jurisdiction over the child until the child reaches eighteen years of age or until further order of the court. (6) For purposes of this section, dependent on the court means a youth is under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1)(a); and the youth is in need of oversight and supportive services as determined by the court. Source: L. 2022: Entire article added, (HB 22-1319), ch. 391, p. 2770, � 1, effective June 7. L. 2024: (3) amended, (SB 24-119), ch. 33, p. 103, � 5, effective August 7. L. 2025: IP(3)(a) amended, (HB 25-1200), ch. 270, p. 1396, � 7, effective August 6. ARTICLE 3.3 Office of the Child Protection Ombudsman 19-3.3-101. Legislative declaration. (1) The general assembly finds and declares that: (a) Child abuse and neglect is a serious and reprehensible problem in society; (b) The protection of children from abuse and neglect by applying prevention measures and observing best practices in treating children who are abused and neglected must be one of Colorado's highest public policy priorities; (c) The child protection system must protect and serve Colorado's children in a manner that keeps them safe and healthy and promotes their well-being; (d) The children and families served by the child protection system, as well as the public, must have a high level of confidence that the system will act in a child's best interests and will respond to the child's needs in a timely and professional manner; (e) To engender this high level of confidence in the child protection system, it is important that children and families who become involved in the system, mandatory reporters, and the general public have a well-publicized, easily accessible, and transparent grievance process for voicing concerns regarding the child protection system along with the expectation that those concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and (f) To improve child protection outcomes and to foster best practices, there must be effective accountability mechanisms, including the review and evaluation of concerns voiced by children and families, mandatory reporters, persons involved in the child protection system, and members of the general public, that provide policymakers with the information necessary to formulate systemic changes, where appropriate. (2) The general assembly further finds and declares that the establishment of the office of the child protection ombudsman will: (a) Improve accountability and transparency in the child protection system and promote better outcomes for children and families involved in the child protection system; and (b) Allow families, concerned citizens, mandatory reporters, employees of the state department and county departments, and other professionals who work with children and families to voice their concerns, without fear of reprisal, about the response by the child protection system to children experiencing, or at risk of experiencing, child maltreatment. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 974, � 1, effective May 14. L. 2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, � 14, effective June 2. 19-3.3-101.5. Definitions. As used in this article 3.3, unless the context otherwise requires: (1) Board means the child protection ombudsman board established pursuant to section 19-3.3-102 (2)(a). (2) Complaint means a report or complaint relating to an action, inaction, or decision of a public agency or a provider that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth. (3) Facility means a facility established and operated by the state department pursuant to section 19-2.5-1502. (4) Office means the office of the child protection ombudsman established pursuant to section 19-3.3-102 (1)(a). (5) Ombudsman means the child protection ombudsman and director of the office appointed pursuant to section 19-3.3-102 (3)(a)(I). (6) Personnel files has the same meaning as set forth in section 24-72-202. (7) State-licensed residential child care facility has the same meaning as set forth in section 26-6-903. (8) Work product has the same meaning as set forth in section 24-72-202. Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2046, � 78, effective August 6; entire section added, (HB 25-1200), ch. 270, p. 1386, � 1, effective August 6. Editor's note: This section added by SB 25-275 and HB 25-1200 was harmonized, resulting in the renumbering of subsections (2) and (3) in SB 25-275 to subsections (4) and (5), respectively. 19-3.3-102. Office of the child protection ombudsman established - child protection ombudsman advisory board - qualifications of ombudsman - duties. (1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado. (a.5) The office and the judicial department shall operate pursuant to a memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum: (I) A requirement that the office has its own personnel rules; (II) A requirement that the ombudsman has independent hiring and termination authority over office employees; (III) A requirement that the office must follow judicial fiscal rules; (IV) A requirement that the office of the state court administrator shall offer the office of the child protection ombudsman limited support with respect to: (A) to (F) Repealed. (G) Office space, facilities, and technical support limited to the building that houses the office of the state court administrator; and (V) Any other provisions regarding administrative support that will help maintain the independence of the office. (VI) Repealed. (b) The office and the related child protection ombudsman board, established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman. (c) The office shall work cooperatively with the child protection ombudsman board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado. (2) (a) There is established an independent, nonpartisan child protection ombudsman board. The board consists of twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience. (b) The board members must be appointed as follows: (I) The chief justice of the Colorado supreme court shall appoint: (A) An individual with experience as a respondent parents' counsel; (B) An individual with experience defending juveniles in court proceedings; (C) An individual with legal experience in dependency and neglect cases; and (D) An individual with experience in criminal justice involving children and youth. (II) The governor shall appoint: (A) An individual with previous professional experience with a rural county human or social services agency or a rural private child welfare advocacy agency; (B) An individual with previous professional experience with the department of human services; (C) An individual with previous professional experience with an urban human or social services agency or an urban private child welfare agency; and (D) An individual with experience in primary or secondary education. (III) The president and minority leader of the senate shall appoint: (A) An individual who was formerly a child in the foster care system; and (B) An individual with professional experience as a county and community child protection advocate; and (IV) The speaker and the minority leader of the house of representatives shall appoint: (A) A current or former foster parent; and (B) A health-care professional with previous experience with child abuse and neglect cases. (c) Board members shall serve for terms of four years; except that the terms shall be staggered so that no more than six members' terms expire in the same year. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term. (d) The board shall meet a minimum of two times per year and additionally as needed. At least one meeting per year must be held outside of the Denver metropolitan area. (e) Board members shall serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties. (f) Expenses incurred for the board must be paid from the general operating budget of the office of the child protection ombudsman. (3) The board has the following duties and responsibilities: (a) To oversee the following personnel decisions related to the ombudsman: (I) To appoint a person to serve as the child protection ombudsman and director of the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment. (II) Filling a vacancy in the ombudsman position; (III) Evaluating the ombudsman's performance as determined necessary based on feedback received related to the ombudsman; and (IV) Developing a public complaint process related to the ombudsman's performance; (b) To oversee and advise the ombudsman on the strategic direction of the office and its mission and to help promote the use, engagement, and access to the office; (c) To work cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system; (d) to (g) (Deleted by amendment, L. 2016.) (h) To promote the mission of the office to the public; and (i) To provide assistance, as practicable and as requested by the ombudsman, to facilitate the statutory intent of this article. (4) Meetings of the board are subject to the provisions of section 24-6-402, C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal Child Abuse Prevention and Treatment Act, Pub.L. 93-247, and state privacy laws. (5) The records of the board and the office are subject to the provisions of part 2 of article 72 of title 24, C.R.S. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 975, � 1, effective May 14. L. 2014: (2)(a) amended, (SB 14-201), ch. 280, p. 1137, � 2, effective May 29. L. 2015: Entire section R&RE, (SB 15-204), ch. 264, p. 1022, � 1, effective June 2. L. 2016: (3) amended and (1)(a.5) added, (SB 16-013), ch. 102, p. 292, � 1, effective April 15. L. 2022: (1)(a), (2)(a), IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22-013), ch. 2, p. 26, � 32, effective February 25. L. 2023: (1)(a.5)(VI) added, (SB 23-228), ch. 96, p. 362, � 4, effective April 20. L. 2025: (1)(a), (2)(a), and (3)(a)(I) amended, (SB 25-275), ch. 377, p. 2046, � 79, effective August 6; (1)(a), (2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, � 2, effective August 6. Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections (1)(a.5)(IV)(A) to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.) 19-3.3-103. Office of the child protection ombudsman - duties - access to information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum: (a) To receive and conduct an independent and impartial investigation of complaints concerning child protection services, including: (I) Complaints made by or on behalf of a child; (II) Complaints made by or on behalf of a child's or youth's family, caregiver, or other concerned individual; (III) Complaints made by or on behalf of a child or youth pursuant to sections 19-2.5- 1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II); (IV) Complaints about an incident of egregious abuse or neglect; near fatality, as described in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26-1-139; (V) Complaints concerning systemic issues, including, but not limited to, statutory, budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children, youth, and families receiving child protection services in Colorado; and (VI) Complaints raised by members of the community relating to child protection policies or procedures. (b) (I) Notwithstanding any provision of this section to the contrary, the ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review. (II) (A) In self-initiating an investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(b)(I) of this section, without cost to the ombudsman. (B) A state-licensed residential child care facility shall notify the ombudsman and the state department within three days after the arrival of each unaccompanied immigrant child. (C) The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular contact with an unaccompanied immigrant child. (III) As used in this subsection (1)(b), unaccompanied immigrant child means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law. (2) (a) In investigating a complaint described in subsection (1)(a) of this section, the ombudsman shall: (I) Request, access, and review any information, documents, or records, including records of third parties, the ombudsman deems necessary to conduct an independent and impartial investigation of complaints pursuant to section 19-3.3-103.4; (II) Seek resolution of a complaint, which may include, but is not limited to, referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint; and (III) Refer any complaints relating to the judicial department and judicial proceedings, including, but not limited to, complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures, to the appropriate agency or entity. Nothing in this section grants the office the authority to access information, records, or documents to investigate a complaint made in regard to the provision of legal services by an independent judicial agency or its contractors. (b) (I) Notwithstanding subsection (2)(a)(I) of this section to the contrary, the ombudsman shall not have access to: (A) Personnel files; (B) Work product; (C) Information, documents, or records that may be protected by an agency's or entity's attorney-client privilege; or (D) Information, documents, or records that may be protected by an agency's deliberative process privilege. (II) If an agency or entity withholds information, documents, or records described in subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate to the ombudsman that the information, documents, or records were withheld and the reasons for withholding the information, documents, or records. (c) The ombudsman may decline to investigate a complaint or continue an investigation. If the ombudsman declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the decision and the reason for the ombudsman's actions. (3) In addition to the duties described in subsection (1)(a) of this section, the ombudsman has the following duties: (a) To report, as required by section 19-3.3-108, concerning the actions of the ombudsman related to the goals and duties of the office; (b) To review the memorandum of understanding between the office and the judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate; (c) To act on behalf of the office and serve as signator for the office; (d) To ensure accountability and consistency in the operating policies and procedures, including reasonable rules to administer the provisions of this article 3.3 and any other standards of conduct and reporting requirements as provided by law; (e) To serve or designate a person to serve on the youth restraint and seclusion working group pursuant to section 26-20-110 (1)(i); (f) To review and evaluate the effectiveness and efficiency of any existing grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms; (g) To help educate the public concerning issues and recommendations the ombudsman identifies, including on child maltreatment and the role of the community in strengthening families and keeping children safe; (h) To promote best practices and effective programs relating to a publicly funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes; and (i) To recommend to the general assembly, the executive director, and any appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado. Recommendations may address issues the ombudsman identifies during the course of an investigation of complaints, as described in subsection (1)(a) of this section. The ombudsman's recommendations are subject to public disclosure pursuant to article 72 of title 24. (4) Nothing in this article 3.3 directs or authorizes the ombudsman to intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation. (5) In the performance of the ombudsman's duties, the ombudsman shall act independently of any public agency or provider that receives public money and that may adversely affect the safety, permanency, or well-being of a child or youth, including the division within the department of early childhood that is responsible for child care, the divisions within the state department that are responsible for child welfare or youth services, the county departments of human or social services, and all judicial and independent agencies. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of any public agency, including the department of early childhood, state department, judicial department and independent agencies, or county departments of human or social services. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 976, � 1, effective May 14. L. 2014: IP(1) and IP(2) amended, (SB 14-201), ch. 280, p. 1137, � 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15-204), ch. 264, pp. 1026, 1031, �� 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added, (SB 16-013), ch. 102, p. 294, � 2, effective April 15. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1978, � 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added, (HB 18-1010), ch. 25, p. 283, � 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added, (HB 21-1272), ch. 324, p. 1984, � 1, effective June 24; (1)(a.5) added, (HB 21-1313), ch. 416, p. 2768, � 1, effective July 2. L. 2022: (1)(a)(II)(D), (1)(a.5)(I), (3), and (5) amended, (HB 22-1295), ch. 123, p. 836, � 42, effective July 1. L. 2025: Entire section amended, (HB 25-1200), ch. 270, p. 1387, � 3, effective August 6. 19-3.3-103.4. Office of the child protection ombudsman - access to information. (1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive. (II) The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I). (b) (I) The office must have access to all information, records, or documents that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104. (II) The ombudsman shall not have access to information, documents, or records described in section 19-3.3-103 (2)(b)(I). (c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report. (II) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations. (2) (a) The state department shall ensure the office has unrestricted access to TRAILS, as defined in section 26-5-118. (b) For educational purposes, the state department shall ensure office employees are permitted to attend the child welfare training academy established in section 26-5-109. (3) The office shall request, review, and receive copies of records as described in subsection (1) of this section without cost if electronic records are not available. (4) Nothing in this section grants subpoena power to the ombudsman, employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a). Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4, effective August 6. Editor's note: Several provisions of this section are similar to former � 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the comparative tables located in the back of the index. 19-3.3-103.5. Office of the child protection ombudsman - confidentiality. (1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records. (2) (a) The office shall treat all complaints received pursuant to section 19-3.3-103 (1)(a) as confidential, including the identities of complainants and individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation. (b) Records relating to complaints received by the office and the investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24. (c) The ombudsman and any employee or person acting on behalf of the ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman. Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4, effective August 6. Editor's note: Subsections (2)(a) and (2)(c) are similar to former � 19-3.3-103 (1)(a)(I)(B) and (1)(a)(I)(C), respectively, as they existed prior to 2025. 19-3.3-104. Qualified immunity. The ombudsman and employees or persons acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including but not limited to issuing reports or recommendations; except that nothing in this section shall be construed to protect such persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1, effective May 14. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, � 16, effective June 2. 19-3.3-105. Advisory work group - development of plan for autonomy and accountability - repeal. (Repealed) Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1, effective May 14. L. 2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, � 1, effective May 29. Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2016. (See L. 2014, p. 1135.) 19-3.3-106. Award of contract - extension - repeal. (Repealed) Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 979, � 1, effective May 14. L. 2014: (1)(a) amended, (SB 14-201), ch. 280, p. 1137, � 4, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1027, � 3, effective June 2. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2016. (See L. 2015, p. 1027.) 19-3.3-107. Child protection ombudsman program fund - created - repeal. (Repealed) Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1, effective May 14. L. 2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, � 4, effective June 2. Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2016. (See L. 2015, p. 1027.) 19-3.3-108. Office of the child protection ombudsman - annual report. (1) On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following: (a) Actions taken by the ombudsman relating to the duties of the office set forth in section 19-3.3-103; (b) Statutory, regulatory, budgetary, or administrative changes relating to child protection, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child welfare services in Colorado; (c) Results of the ombudsman's self-initiated investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who is housed in a state-licensed residential child care facility, as described in section 19-3.3-103. (d) Updates on outreach efforts to state-licensed residential child care facilities and facilities established and operated by the department of human services as described in section 19-3.3-113 (2)(c). (2) Notwithstanding section 24-1-136 (11)(a)(I), the ombudsman shall distribute the written report to the governor, the chief justice, the board, and the general assembly. The ombudsman shall present the report to the health and human services committees of the house of representatives and of the senate, or any successor committees. (3) The ombudsman shall post the annual report on the office of the child protection ombudsman's website and the general assembly's website. (4) The ombudsman shall present or communicate quarterly updates to the board on the activities of the office. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1, effective May 14. L. 2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, �� 7, 5, effective June 2. L. 2016: (2) amended and (4) added, (SB 16-013), ch. 102, p. 295, � 3, effective April 15. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, � 6, effective August 9. L. 2021: IP(1) amended and (1)(c) added, (HB 21-1313), ch. 416, p. 2769, � 2, effective July 2. L. 2025: (1)(d) added, (HB 25-1200), ch. 270, p. 1396, � 6, effective August 6. 19-3.3-109. Review by the state auditor's office. At the discretion of the legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office. Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, � 1, effective May 14. L. 2014: Entire section amended, (SB 14-201), ch. 280, p. 1138, � 5, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1028, � 8, effective June 2. L. 2016: Entire section amended, (SB 16-013), ch. 102, p. 295, � 4, effective April 15. 19-3.3-110. Funding recommendations. The ombudsman shall make funding recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determines appropriate, for the operation of the office. Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, � 6, effective June 2. 19-3.3-111. Task force to prevent youth from running from out-of-home placement - creation - membership - duties - report - definitions - repeal. (Repealed) Source: L. 2022: Entire section added, (HB 22-1375), ch. 384, p. 2742, � 1, effective June 7. L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23-1301), ch. 303, p. 1822, � 24, effective August 7. Editor's note: Subsection (8) provided for the repeal of this section, effective June 30, 2025. (See L. 2022, p. 2742.) 19-3.3-112. Systems and tools to prevent children or youth from running away - residential child care facility - report - definitions. (1) As used in this section, unless the context otherwise requires: (a) Child or youth who has run away means a child or youth who has left and remains away from a residential child care facility without permission. (b) Residential child care facility has the same meaning as set forth in section 26-6-903. (2) (a) The office shall conduct a statewide inventory survey of the physical infrastructure of residential child care facilities to address, at a minimum: (I) The physical infrastructure currently in place to deter children and youth from running away; and (II) The physical infrastructure needed to deter children and youth from running away. (b) The office shall consult with the state department to develop the inventory survey. Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting. (3) On or before July 1, 2026, the office shall submit a report to the health and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the physical infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section. Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, � 2, effective April 10. Cross references: For the legislative declaration in SB 25-151, see section 1 of chapter 70, Session Laws of Colorado 2025. 19-3.3-113. Office of the child protection ombudsman - access to state-licensed residential child care facilities and facilities - education of children and youth in state-licensed residential child care facilities and facilities. (1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors: (I) In response to a request from a child or youth residing in the state-licensed residential child care facility or facility; (II) In response to a request from a child's or youth's family member, caregiver, or other concerned individual; or (III) To distribute materials pursuant to subsection (2)(a) of this section. (b) A state-licensed residential child care facility or facility shall not deny the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103. (c) Dependent upon available resources and at the discretion of the ombudsman, the office may meet with the child or youth via a confidential, virtual meeting. (d) Upon a child's or youth's request, the state-licensed residential child care facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman. (e) The ombudsman, an employee of the office, or a person acting on behalf of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility. (2) (a) The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain information on how to access the office, the office's services, and how to file a complaint with the office. (b) Each state-licensed residential child care facility and facility shall display the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility. (c) The office shall supply the materials described in subsection (2)(a) of this section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108. (d) The office shall coordinate with each state-licensed residential child care facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office. (3) The office and each state-licensed residential child care facility or facility shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that: (a) The office provides each state-licensed residential child care facility or facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request; (b) The state-licensed residential child care facility or facility provides the ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet; (c) The office provides the state-licensed residential child care facility or facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials p