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Protecting Youth and Families: A 2024 Legislative Update from The Harris Law Firm

HELPING FAMILIES ACROSS COLORADO FOR MORE THAN 30 YEARS

The Child and Family Advocacy Department at The Harris Law Firm assisted with and tracked several child and family-related bills during Colorado’s 2024 legislative session, which concluded on May 8th. The Child and Family Advocacy Coordinating Attorney, Tiffany Pelham Webb, testified at the State Capitol in support of three bills, and against one bill where she requested amendments.

Ms. Pelham Webb testified virtually before the Senate Health and Human Services Committee on May 2, 2024 in support of House Bill 24-1038- High Acuity Crisis for Children and Youth. This bill “requires the department of health care policy and financing, in collaboration with the behavioral health administration (BHA) and the department of human services, to develop a system of care for children and youth who are less than 21 years of age and who have complex behavioral health needs.” Ms. Pelham Webb has seen from her prior work as a GAL in delinquency and crossover dependency and neglect cases how crucial it is for youth with high acuity behavioral health needs to have access to the services and level of care that they need to treat trauma and mental health needs. This bill had bipartisan sponsorship in both the House and Senate, and successfully passed through both chambers. This bill was sent to Governor Polis for his signature on May 15, 2024.

Ms. Pelham Webb testified in person before the Senate Health and Human Services Committee on April 11, 2024 in support of House Bill 24-1170- Rights for Youth Division of Youth Services Facilities. This bill “establishes in statute a bill of rights for youth who are the responsibility of the department of human services (department), whether the youth is detained or committed to the care and physical custody of a juvenile facility operated by the department.” Ms. Pelham Webb focused her testimony on the rights of youth to receive behavioral health services and trauma-informed care while in DYS facilities. Ms. Pelham Webb testified that these rights would not only be in the best interest of youth themselves, but also in the best interest of the community, as these initiatives would support the rehabilitation of youth. This bill successfully passed through both chambers and was sent to the governor for his signature on May 28, 2024.

Ms. Pelham Webb testified before Senate Health and Human Services Committee on February 22, 2024 and provided written testimony for the House Health and Human Services Committee on May 2, 2024 in support of Senate Bill 24-059 Children’s Behavioral Health Statewide System of Care. This bill sought to create a standardized system of tiered care coordination with a single point of access to address the spectrum of behavioral health needs of children and youth in Colorado, irrespective of insurance and income. Through her testimony, Ms. Pelham Webb compared her experiences as a child advocacy attorney in New Jersey, where such a system existed, and as a child advocacy attorney in Colorado where such a system did not exist. She testified that she personally witnessed Colorado children suffer harms as a result of this lack of a system. This bill had bipartisan sponsorship in both the House and the Senate. It passed unanimously through the Senate Health and Human Services Committee on February 22, 2024, but lost on a vote of 6-7 in the House Committee of Health and Human Services on May 2, 2024. However, a recent settlement in a Colorado case through an organization called Speak Our Minds will address some of these issues and assist youth in obtaining preventative mental health treatment. Ms. Pelham Webb plans to engage in the process of stakeholder involvement as a child advocate in the implementation of this settlement agreement.

Finally, Ms. Pelham Webb testified in person before the House Committee of Health and Human Services on April 16, 2024 in an amend position on Senate Bill 24-125 Interstate Compact for the Placement of Children (or ICPC). While Ms. Pelham Webb appreciates that this bill will help expedite out-of-state placement of children to safe and appropriate relatives or non-custodial parents in dependency and neglect proceedings, she is concerned that this bill could also arbitrarily rule out some appropriate relatives or non-custodial parents and she requested amendments through her testimony to address this issue. The bill unanimously passed through both chambers without those amendments and was signed by Governor Polis on May 24, 2024. However, this bill will not take effect in Colorado until several more states sign on to this new ICPC language, which could potentially take several more years.

In addition to testifying and engaging with agencies on bills, Ms. Pelham Webb and the Child and Family Advocacy Department also tracked several bills highly relevant to children and families this legislative session. These bills include:

  • HB-24-1017: Bill of Rights for Foster Youth. This bill for children established a statutory bill of rights for youth in foster care and youth in the foster youth in transition program. This bill passed and was signed into law on April 24, 2024.
  • HB-24-1063: Addressing Abbreviated School Days (concerning addressing the effect of abbreviated school days on children with disabilities in public schools). This bill passed and was sent to the governor for his signature on May 28, 2024. 
  • HB-24-1350: Parental Responsibilities Proceedings Child Safety. This bill passed with several amendments and was sent to the governor for his signature on May 28, 2024. 
  • HB-24-1167: Prohibit Student Seclusion (in schools). This bill did not pass and was postponed indefinitely. 
  • HB-24-1122: Protection Orders for Victims of Crimes (concerning civil protection orders for victims of domestic-related crimes). This bill passed and was sent to Governor Polis for his signature on May 3, 2024. Please also see our prior blog post about this bill.
  • SB-24-006: Pretrial Diversion Programs (Concerning considering factors related to the capability to participate in the judicial process in determining whether to place a person into a pretrial diversion program). This bill created a “Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems,” passed, and was signed into law on March 22, 2024.
  • HB-24-1216: Supports for Youth in Juvenile Justice System. This bill addressing education for youth in the juvenile justice system passed and was signed into law by Governor Polis on May 31, 2024.

Lastly, with the support of the Child and Family Advocacy Department at The Harris Law Firm, Ms. Pelham Webb continued her work assisting with implementation of House Bill 22-1283, Section 5, The Andy Campos-Padilla Act, which allocated funding for youth residential substance abuse treatment.