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

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

(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.

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.

Editor's note: This section is similar to former § 19-1-128 as it existed prior to 2019.

Cross references: For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.

ANNOTATION

This section does not broaden a juvenile court's personal jurisdiction to include nondependent siblings of a youth in foster care or require the siblings to attend therapeutic visitation with the youth. In re People in Interest of S.A., 2022 CO 27, 511 P.3d 597.

PART 3

FOSTER YOUTH IN TRANSITION PROGRAM