| Notice Filed with SOS |
01/31/2025 |
| Rule |
ProposedRuleAttach2025-00028.docx
|
| Statutory Authority |
§ 26-1-107 (5)(b),C.R.S.; § 26-1-109 (3), C.R.S.; 26-1-111, C.R.S.; § 26-5-102(1)(a), C.R.S. |
| Description of Subjects/Issues |
The Colorado Department of Human Services’ Division of Child Welfare is updating Volume 7
administrative rule to align with the requirements of HB23-1157 regarding unregulated custody transfer (UCT), which was passed in the 2023 legislative session. Provisions of Part 2 of the Act outlining prohibited custody transfer and county departments of human services’ authority were effective upon signature on April 17, 2023. |
| Purpose/Objective of Rule |
The Colorado Department of Human Services’ Division of Child Welfare is updating Volume 7 administrative rules to align with the requirements of HB23-1157 regarding unregulated custody transfer (UCT). The statute intends to protect children/youth from unregulated custody transfers or re-homing without adequate oversight and support national policy, as well as other states’ laws. These situations can expose vulnerable children/youth who have already been adopted to further trauma and instability; the children/youth may be placed with individuals that have not been appropriately assessed or completed background checks, posing safety concerns; the children/youth are outside the purview of county departments and the courts; they may experience further abuse and/or neglect; and children/youth are at risk of repeated unregulated custody transfers. The revised rule will implement the requirements of HB23-1157, including the definition of Unregulated Custody Transfers to benefit county departments in their work. |
| Basis And Purpose |
BasisAndPurposeAttachment2025-00028.pdf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2025-00028.pdf
|
| Comments |
CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Please check here for
any updates on location/connection: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB23-1157
|
| Hearing Date |
03/07/2025 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street, Denver, CO 80203 |
| Contact Name |
Holly Yanker Harris |
| Contact Title |
Intake and Assessment Administrator |
| Contact Telephone |
720.636.5456 |
| Contact email |
holly.harris-yanker@state.co.us |