(1) To realize a
vision of greater youth success and safer Colorado communities, the state's policy
is that a youth detained or committed to the care and physical custody of a facility,
as described in section 19-2.5-1502 (1), has the right to:
(a) Be treated with dignity;
(b) Be free to practice the youth's religious faith, provided that the practices
or activities do not pose a threat to the safety, order, or security of the juvenile
facility;
(c) Be free from discrimination on the basis of race, color, religion, sex,
pregnancy, disability, age, marital status, ethnicity, national origin, gender
orientation, or sexual identity;
(d) Receive reasonable accommodations related to a disability;
(e) Vote if the youth has the legal right to do so; and
(f) Be free from corporal punishment; harassment; mental or physical abuse;
intimidation; property damage; humiliation; or interference with the normal bodily
functions of eating, sleeping, or using the bathroom.
(2) In addition to the other rights granted pursuant to this section, a youth
detained or committed to the care and physical custody of a juvenile facility
operated by the department of human services has the right to:
(a) Have reasonable access to media and information about the world
outside the facility, both locally and nationally;
(b) Review the youth's own record, as allowed by law;
(c) Have reasonable access to phone calls to approved friends, family, and
other supports;
(d) Exercise physically on a daily basis, in accordance with the youth's
preferences, if reasonable and practicable;
(e) Be informed of facility rules within twenty-four hours after the youth's
placement in the facility and have the same rules available on the division of youth
services' website, at the juvenile facility, and upon request to the youth's parent or
legal guardian;
(f) Be free from mandatory unpaid work outside of basic youth
responsibilities such as daily clean-up and maintenance of living areas; and
(g) Live in a trauma-responsive environment informed by trauma-informed
practices.
(3) In addition to the other rights granted pursuant to this section, a youth
detained or committed to the care and physical custody of a juvenile facility
operated by the department of human services has the following rights related to
medical care:
(a) Access to a health-care provider within seventy-two hours after a request
for care, or sooner if the circumstances warrant, to assess the need for medically
necessary care;
(b) Access to behavioral health services within seventy-two hours after a
request for care, or sooner if the circumstances warrant, to assess the need for
medically necessary care;
(c) Under the direction of a division of youth services qualified health-care
provider, access to necessary and appropriate medications, including medications
for substance withdrawal and medication-assisted treatment;
(d) The right to refuse the administration of any pharmaceutical product;
(e) Access to health care related to pregnancy and reproductive health,
including prenatal, perinatal, and postnatal care;
(f) The rights provided to a pregnant or postpartum juvenile pursuant to
section 19-2.5-1118.5, including, but not limited to, the right to access a pregnancy
test and keep the results confidential; the right to have the pregnancy and
postpartum periods considered in seeking a stay of execution of sentence; and a
consideration of sentence reduction;
(g) Freedom from leg and waist restraints while pregnant and immediately
after delivery; and
(h) Access to gender-affirming care.
(4) In addition to the other rights granted pursuant to this section, a youth
detained or committed to the care and physical custody of a juvenile facility
operated by the department of human services has the following rights related to
legal issues:
(a) Access to the youth's legal representative, unencumbered access to
courts, confidential phone calls and visits with the youth's legal counsel, and the
timely delivery of letters to the youth's legal counsel;
(b) Unimpeded phone access to the office of the child protection
ombudsman hotline and the agency designated pursuant to the federal Protection
and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. sec. 10801 et seq.,
as amended, as the state's protection and advocacy system;
(c) The right to file a grievance with staff or a complaint with the office of
the child protection ombudsman or the agency designated pursuant to the federal
Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. sec.
10801 et seq., as amended, as the state's protection and advocacy system and not
to be subject to punishment or retaliation as a result;
(d) The right to file a grievance in accordance with the division of youth
services' policies if the youth feels any of the rights accorded to the youth pursuant
to this section have been violated and not to be subject to punishment or retaliation
as a result; and
(e) The right to due process in a disciplinary proceeding.
(5) In addition to the other rights granted pursuant to this section, a youth
detained or committed to the care and physical custody of a juvenile facility
operated by the department of human services has the following rights:
(a) To not be placed in housing units solely allocated to groups of youth
based on the youth's sexual orientation or status as a transgender, non-binary, or
intersex youth;
(b) Freedom from searches that are intended solely to determine the youth's
physical anatomy;
(c) After review and approval, use of the youth's preferred name and gender,
even if not legally updated;
(d) The provision of clothing that fits appropriately; is in accordance with the
youth's gender identity; and ensures the youth's safety, dignity, and comfort;
(e) Freedom of expression, provided the expression does not interfere with
the rights or safety of others or the safety of the facility;
(f) Personal appearance of the youth's choosing, including facial and head
hair, regardless of the youth's gender or gender identity, if it does not interfere with
safety and allows for reasonable identification by staff;
(g) Participation in all activities, regardless of the youth's gender identity,
unless the activity is a gender-responsive program and the facility director
determines that participants of differing genders would be disruptive to the group;
(h) Searches that take into account the youth's privacy and dignity and
access to written policies concerning who may perform searches at any time,
including policies on cross-gender searches of transgender youth;
(i) After review and approval, an intake and search with an employee
matching the youth's gender identity;
(j) Completion of a form with the youth upon intake that details the youth's
gender identity;
(k) Confidentiality concerning the youth's gender identity and medical and
mental health history, in accordance with existing law; and
(l) Access to separate showers and bathrooms consistent with the youth's
gender identity.
(6) In addition to the other rights granted pursuant to this section, a youth
detained or committed to the care and physical custody of a juvenile facility
operated by the department of human services has the following rights related to
education:
(a) Access to grade-level work and transferable credit for educational
courses that will count toward a diploma, whether the youth is from a facility
operated by the department of human services or a public school;
(b) The opportunity to take classes, to the extent feasible, that prepare the
youth for the youth's desired future, including courses required for college
admission, if that is the youth's goal;
(c) If the youth is committed to the care and physical custody of the
department of human services and has obtained a GED or a high school diploma,
access to post-secondary education;
(d) The full, fair, and equal opportunity to participate, to the extent feasible,
in educational and vocational programs, including a school-to-work alliance
program, if eligible. Before the department of human services may deny a youth the
right to educational or vocational services, the department of human services shall
present substantial evidence to justify the denial of this right.
(e) For a youth with a disability recognized by section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. sec. 794, as amended; the federal
Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as
amended; or Colorado's Exceptional Children's Educational Act, article 20 of title
22, access to a free and appropriate public education.
(7) The department of human services shall update the handbook used by
the division of youth services to include the bill of rights set forth in subsections (1)
to (6) of this section. The division of youth services shall ensure that every youth
who is committed to the care and physical custody of the department of human
services receives a copy of the handbook, including the bill of rights.