Colorado § 26-20-110 - Youth restraint and seclusion working group - membership - purpose - repeal.

§ 26-20-110. Youth restraint and seclusion working group - membership - purpose - repeal.

(1) There is established within the division of youth services a youth restraint and seclusion working group, referred to in this section as the "working group". The working group consists of:

(a) The director of the office of children, youth, and families in the division of child welfare within the state department, or his or her designee. The director shall convene the working group and serve as chair.

(b) The director of the division of youth services, or his or her designee;

(c) The director of behavioral health within the division of youth services, or his or her designee;

(d) The commissioner of the behavioral health administration in the state department, or the commissioner's designee;

(e) An employee of the division of youth services who is a representative of an organization in Colorado that exists for the purpose of dealing with the state as an employer concerning issues of mutual concern between employees and the state, as appointed by the governor;

(f) Two representatives from nonprofit advocacy groups that work to restrict restraint or seclusion for youth or that represent children within the custody of the division of youth services, one who is appointed by the speaker of the house of representatives and one who is appointed by the president of the senate;

(g) Two experts independent from the division of youth services with expertise in adolescent development, adolescent brain development, trauma-responsive care of juveniles, positive behavior incentives in a juvenile correctional setting, evidence-based de-escalation techniques, or the negative effects of seclusion on the adolescent brain. The minority leader of the house of representatives shall appoint one expert and the minority leader of the senate shall appoint the other expert.

(h) A person who does not work for the department or for the division of youth services and who has worked as a staff member or as a senior executive in youth corrections and who has experience working to establish a rehabilitative and therapeutic culture in one or more juvenile justice facilities, to be appointed by the governor or his or her designee.

(i) The child protection ombudsman or the child protection ombudsman's designee as described in section 19-3.3-103 (3)(e); and

(j) A parent of a person who was once committed to the custody of the division of youth services, to be appointed by the state public defender.

(2) The working group shall advise the division of youth services concerning policies, procedures, and best practices related to restraint and seclusion and alternatives to restraint and seclusion.

(3) The working group shall monitor the division of youth services' use of confinement for administrative purposes. The division of youth services shall share with the working group, on an ongoing basis, available data regarding time spent in confinement by youths for administrative reasons, as described in section 26-20-104.5 (3), in any secure state-operated and state-owned facility. If necessary, the working group may make recommendations to the division of youth services and to the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, about the use of confinement for administrative purposes.

(4) The working group may request, on a semiannual basis, information and data from the state department on the status of the division of youth services' work related to the restraint and seclusion of youths in their care and custody.

(5) The chair of the working group shall convene the working group's first meeting no later than August 1, 2016. The working group must meet at least semi-annually thereafter. The chair shall schedule and convene subsequent meetings.

(6) The chair shall provide the working group with semiannual updates on the division of youth services' policies related to restraint and seclusion and alternatives to restraint and seclusion.

(7) (a) This section is repealed, effective September 1, 2034.

(b) Prior to the repeal, the working group shall be reviewed as provided in section 2-3-1203.

Source: L. 2016: Entire section added, (HB 16-1328), ch. 345, p. 1407, § 9, effective June 10. L. 2017: (1), (2), (3), (4), and (6) amended, (HB 17-1329), ch. 381, p. 1964, § 5, effective June 6. L. 2018: (1)(g) amended and (1)(i) and (1)(j) added, (HB 18-1010), ch. 25, p. 283, § 3, effective March 7. L. 2022: (1)(d) amended, (HB 22-1278), ch. 222, p. 1519, § 86, effective July 1. L. 2024: (7) amended, (HB 24-1277), ch. 118, p. 386, § 1, effective August 7. L. 2025: (1)(i) amended, (HB 25-1200), ch. 270, p. 1397, § 11, effective August 6.