2020 Colorado Revised Statutes
Title 19 - Children's Code
Article 7. Youth in Foster Care
Section 19-7-101. Legislative declaration.

(1) The general assembly finds and declares that youth in foster care, excluding those in the custody of the division of youth services or a state hospital for persons with mental health disorders, should enjoy the following:

1. Receiving appropriate and reasonable adult guidance, support, and supervision in asafe, healthy, and comfortable environment where he or she is treated with respect and dignity;

2. Being free from physical, sexual, emotional, or other abuse or corporal punishment;

3. Receiving adequate and healthy food, adequate clothing, and an adequate allowance,as appropriate;

4. Receiving medical, dental, vision, and mental health services as needed;

5. Being free of the administration of prescription medication or other chemical substances, unless authorized by a physician;

6. Being free to contact those persons working on his or her behalf, including but notlimited to, case workers, attorneys, foster youth advocates and supporters, court-appointed special advocates, and probation officers;

7. Being free to contact the child protection ombudsman, county department of humanor social services, or the state department of human services regarding any questions, concerns, or violations of the rights set forth in this article 7, and to speak to representatives of those offices privately, and being free from threats or punishment for making complaints;

8. As appropriate, making and receiving confidential telephone calls and sending andreceiving unopened mail in accordance with his or her permanency goals;

9. Being free to attend religious services and activities;

10. Being allowed to maintain an emancipation bank account and manage personal income, consistent with the youth's age and developmental level, unless prohibited by his or her case plan;

11. Being free from being abandoned or locked in a room;

12. Receiving an appropriate education, having access to transportation, and participatingin extracurricular, cultural, and personal enrichment activities consistent with the youth's age and developmental level;

13. As appropriate, being free to work and develop job skills that are in accordance withhis or her permanency goals;

14. As appropriate, being free to have social contacts with people outside the foster caresystem, such as teachers, church members, mentors, and friends in accordance with his or her permanency goals;

15. Being free to attend independent living classes if he or she meets program and agerequirements;

16. Consulting with the court conducting the youth's permanency hearing, in an ageappropriate manner, regarding the youth's permanency plan, pursuant to section 19-3-702 (1)(a);

17. Having a safe place to store personal belongings;

18. As appropriate to his or her age and developmental level, being allowed to participatein and review his or her own case plan, if he or she is twelve years of age or older, and to receive information about his or her out-of-home placement and case plan, including being informed of any changes to the case plan;

19. Confidentiality of all juvenile court records, consistent with existing law;

20. Having fair and equal access to available services, placement, care, treatment, andbenefits based on his or her treatment plan and not being subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group, national origin, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status;

21. At sixteen years of age or older, having access to existing information regarding theeducational options available to him or her, including, but not limited to, the course work necessary for vocational and postsecondary educational programs, and information regarding financial aid available for postsecondary education;

22. Having school stability that presumes the youth will remain in the school in which heor she is enrolled at the time of placement, unless remaining in that school is not in his or her best interests;

23. Remaining in the custody of his or her parent or legal guardian unless his or herwelfare and safety or the protection of the public would be otherwise endangered and, in either case, the right that the court proceed with all possible speed to a legal determination that will serve his or her best interests pursuant to section 19-1-102;

24. Being placed in a home where the foster caregiver is aware of and understands theyouth's unique history as it relates to his or her care;

25. Receiving effective case management and planning that will prioritize the safe returnof the youth to his or her family or move the youth on to other forms of permanent placement;

26. As appropriate to the youth's developmental level and if he or she is twelve years ofage or older, being involved in meetings at which decisions are made about his or her future and having the child welfare agency bring together his or her family group and other supporters to decision-making meetings at which the group creates a plan for the youth's future;

27. Placement in the least restrictive setting appropriate to the youth's needs;(bb) Having a guardian ad litem appointed to represent the youth's best interests; and (cc) Living with or being visited by his or her siblings.

(2) The general assembly further declares that subsection (1) of this section represents guidelines to promote the physical, mental, social, and emotional development of youth in foster care and to prepare them for a successful transition back into their families or the community. The application of these guidelines may be limited to reasonable periods during the day or restricted according to the routine of foster care homes to ensure the protection of children and foster families.

Source: L. 2011: Entire article added, (SB 11-120), ch. 102, p. 319, § 1, effective August 10. L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1677, § 41, effective August 7. L. 2015: (2) amended, (SB 15-087), ch. 263, p. 1020, § 14, effective June 2. L. 2017: IP(1) amended, (HB 17-1329), ch. 381, p. 1978, § 44, effective June 6. L. 2018: IP(1) and (1)(g) amended, (SB 18092), ch. 38, p. 433, § 79, effective August 8. L. 2019: (1)(p) amended, (HB 19-1219), ch. 237, p. 2356, § 6, effective August 2.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.