§ 26-1-136.8 — Custody of a person with the capacity for pregnancy

Colorado § 26-1-136.8

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Department of Human Services

Text

(1) A
state department facility that has in its custody a person who is capable of
pregnancy shall:

(a) Train the facility's staff to ensure that a pregnant person receives safe
and respectful treatment;

(b) Develop administrative policies to ensure a trauma-informed standard of
care is integrated with current practices to promote the health and safety of a
pregnant person;

(c) Provide each pregnant person, during the person's pregnancy and
through the person's postpartum period, with access to:

(I) Perinatal health-care providers with perinatal experience; and

(II) Healthy foods and information on nutrition, recommended activity levels,
safety measures, and supplies, including menstrual products as required in section
26-1-136.5, and breast pumps approved by the executive director or the executive
director's designee;

(d) Provide counseling and treatment for pregnant people who have suffered
from:

(I) A diagnosed behavioral, mental health, or substance use disorder;

(II) Trauma or violence, including domestic violence;

(III) Human immunodeficiency virus;

(IV) Sexual abuse;

(V) Pregnancy loss or infant loss; or

(VI) Chronic conditions;

(e) Provide evidence-based pregnancy and childbirth education, parenting
support, and other relevant forms of health literacy;

(f) Develop administrative policies to identify and offer opportunities for
postpartum persons to maintain contact with the person's newborn child to
promote bonding, including enhanced visitation policies, access to facility nursery
programs, and breastfeeding support, when appropriate;

(f.5) Develop administrative policies, including a system for human milk
storage, to ensure a newborn can receive the human milk that the newborn's
postpartum parent has pumped for the newborn's nourishment;

(g) In accordance with the requirements of the federal Health Insurance
Portability and Accountability Act of 1996, as amended, Pub.L. 104-191, transfer
health records to community providers if a pregnant person exits the facility during
the person's pregnancy or during the person's postpartum period;

(h) Connect a person exiting the facility during the person's pregnancy or
postpartum period to community-based resources, such as referrals to health-care
providers, substance use disorder treatment, and social services that address social
determinants of maternal health;

(i) Establish partnerships with local public entities, private community
entities, community-based organizations, Indian tribes and tribal organizations as
defined in the federal Indian Self-Determination and Education Assistance Act, 25
U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the
federal Indian Health Care Improvement Act, 25 U.S.C. sec. 1603, as amended;
and

(j) Notwithstanding section 24-1-136 (11)(a)(I), by February 15, 2022, and by
February 15 each year thereafter, report to the judiciary committees of the senate
and house of representatives, or their successor committees, on the number of
births by pregnant people who are in the custody of the facility, including the
location of the births, that occurred in the prior calendar year.

Legislative History

Source: L. 2021: Entire section added, (SB 21-193), ch. 433, p. 2865, � 9, effective September 7. L. 2024: (1)(f.5) added, (HB 24-1459), ch. 426, p. 2916, � 5, effective June 5.