s_hhs_2016a_2016-03-24t13:30:26z6 Hearing Summary

Date: 03/24/2016

04:52 PM -- HB 16-1316



Senator Cooke, bill sponsor, presented House Bill 16-1316. The bill amends the Colorado Children's Code to clarify the procedures for determining proper venue in dependency and neglect cases. Specifically, the bill states that a child who is placed in the legal custody of a county department shall be deemed, for the entire period of the placement, to reside in the county in which the child's legal parent or guardian resides or is located. This applies even if the child physically resides in an out-of-home placement located in another county. When proceedings begin in a county other than the child's county of residence, the court may transfer the case to the county where the child's parent or legal guardian resides, unless:

• the legal parent or guardian has a history of frequent moves, unless there is evidence of stability and the intent to remain in the new residence for six or more months;
• the transfer of venue will disrupt continuity of care or provision of services;
• the case is not likely to close within three to six months; and
• the case is an expedited permanency planning case for a child under six years of age, unless it has been proven that a transfer of the proceedings is in the child's best interest.

The bill also sets forth procedures for holding hearings related to venue change requests and requires that the county attorney in the receiving county be notified that a motion to change venue has been filed. The county attorney in the proposed receiving county may file responsive pleadings and appear at the hearing set by the court.





04:54 PM -- Steve Moreno, Weld County Commissioner, testified in support of the bill.



04:56 PM -- Barbara Kirkmeyer, Weld County Commission, testified in support of the bill.



04:58 PM



Senator Cooke made closing comments and discussed amendment L.001 (Attachment F).



160324 AttachF.pdf

05:03 PM



Senator Lundberg adjourned the meeting.