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55096737D1B6AF388725825F006CDFEF Hearing Summary


Date Mar 29, 2018      
Location SCR 354

HB18-1104 - Referred to the Committee of the Whole

01:49:13 PM  

Senators Moreno and Lambert, co-prime sponsors, presented House Bill 18-1104.  The bill establishes procedural safeguards for parents with disabilities in the context of child welfare, foster care, family law, guardianship, and adoption.  Under the bill, a parent's disability cannot be a basis for denying or restricting temporary custody, foster care, guardianship, participation in adoption, or to restrict a parent's responsibility in domestic relations or dependency or neglect proceedings, unless a detrimental impact on the child can be shown.  The bill shifts the burden of proof to the party that alleges that a parent's disability will have a detrimental effect on a child.  If the burden of proof standard is met, the parent must be given the chance to alleviate concerns through the implementation of supportive parenting services.  Any treatment plan must provide reasonable accommodations, as defined by the Americans with Disability Act of 1990, for the disability to allow for the greatest opportunity for successful completion.  If a court determines that the right of a parent with disabilities to parenting time, parental responsibilities, foster care, guardianship, or adoption should be denied or limited, it must make specific written findings of fact that reasonable accommodations will not reduce the negative impacts on the child.

01:59:56 PM  
Senator Moreno responded to questions.
02:04:19 PM  

Carrie Ann Lucas, representing herself, testified in support of the bill and provided a handout to the committee [Attachment C].

02:06:49 PM  

Linda Skaflen, The Arc of Adams County, testified in support of the bill and provided a handout to the committee [Attachement D].

02:08:32 PM  

Ashley Chase, Office of the Child's Representative, testified in support of the bill.

02:10:22 PM  

Chris Parsons, National Federation of the Blind of Colorado (NFB), testified in support of the bill.

02:12:41 PM  

Ms. Chase and Ms. Lucas responded to questions from the committee.

02:16:53 PM  

Scott LaBarre, NFB, testified in support of the bill and provided a handout to the committee [Attachment E].

02:21:55 PM  

Jeffrey Black, representing himself, testified in support of the bill.

02:25:31 PM  

Ruchi Kapoor, Office of Respondent Parents' Counsel, testified in support of the bill.

02:29:41 PM  

Senator Lambert made closing comments.

02:30:49 PM  
Senator Moreno made closing comments.
02:31:07 PM  
Senators Lambert and Moreno responded to questions.
02:33:22 PM  

Ms. Lucas returned to the table to respond to questions about the bill.  Committee discussion followed.

02:40:06 PM
Motion Refer House Bill 18-1104 to the Committee of the Whole.
Moved Martinez Humenik
Aguilar Yes
Crowder Yes
Kefalas Yes
Martinez Humenik Yes
Smallwood Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details