§ 19-7-204 — Foster care sibling family time - contact plan - rules - definition

Colorado § 19-7-204

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Youth in Foster Care

Text

(1) The department of human services shall provide information on sibling contact
in the family time plan for a youth. In doing so, the department shall ask the youth
about the youth's wishes as to sibling contact.

(2) As written in the family time plan, the department shall, if it is in the best
interests of each sibling:

(a) Promote frequent contact between siblings in foster care, which may
include telephone calls, text messages, social media, video calls, and in-person
family time;

(b) Clarify that sibling contact should not be limited in time or duration to
periods of parental contact;

(c) Clarify that restriction of sibling family time should not be a consequence
for behavioral problems. Family time should only be restricted if contrary to the
best interests of a sibling.

(d) Ensure timing and regularly scheduled sibling family time are outlined in
case plans based on individual circumstances and needs of the youth.

(3) If a youth in foster care requests an opportunity for family time with a
sibling, the county department that has legal custody of the youth shall arrange the
family time within a reasonable amount of time and document the family time.

(4) If a youth in foster care requests an opportunity for family time with a
sibling on a regular basis, the county department that has legal custody of the
youth shall arrange the family time and ensure that the family time occurs with
sufficient frequency and duration to promote continuity in the siblings' relationship.

(5) If, in arranging sibling family time pursuant to this section, a county
department determines requested family time between the siblings would not be in
the best interests of one or both of the siblings, the county department shall deny
the request, document its reasons for making the determination, and provide the
siblings with an explanation for the denial, as permitted under state and federal
law. In determining whether requested family time would be in the best interests of
one or both of the siblings, the county department shall determine whether there is
pending in any jurisdiction a criminal action in which either of the siblings is either a
victim or a witness. If such a criminal action is pending, the county department,
before arranging any family time between the siblings, shall consult with the
district attorney for the jurisdiction in which the criminal action is pending to
determine whether the requested family time may have a detrimental effect upon
the prosecution of the pending criminal action.

(6) Nothing in this section requires or permits a county department to
arrange sibling family time if such visit would violate an existing protection order in
any case pending in this state or any other state.

(7) As used in this section, sibling means:

(a) A biological sibling;

(b) A step-sibling or former step-sibling; or

(c) An adoptive sibling.

(8) The state board of human services, created in section 26-1-107, may
promulgate rules for the implementation of this section.

Legislative History

Source: L. 2019: Entire part added with relocations, (HB 19-1288), ch. 216, p. 2236, � 2, effective August 2. L. 2023: (1), IP(2), (2)(a), (2)(c), (2)(d), (3), (4), (5), and (6) amended, (HB 23-1027), ch. 284, p. 1686, � 26, effective June 1.