Concerning the authority for criminal background checks for child welfare out-of-home placement providers, and, in connection therewith, making an appropriation.
Summary
HB26-1298 updates Colorado law governing background checks for child welfare out-of-home placement providers, including foster care homes and kinship foster care homes certified by county departments or licensed child placement agencies. The bill is aimed at bringing state procedures into compliance with FBI criminal history record check standards before the temporary federal grace period expires in May 2026. It gives county departments and the Colorado Department of Human Services clearer statutory authority to obtain and process fingerprint-based checks through both the Colorado Bureau of Investigation and the FBI.
The bill also revises related licensing and certification provisions to align the screening rules for foster care and kinship foster care homes, including checks for certain disqualifying offenses, review of judicial records when arrests lack dispositions, and restrictions on how criminal history information may be shared. It adds confidentiality and handling requirements so that FBI-derived information is disclosed only to authorized state or county officials, with private child placement agencies receiving only eligibility determinations rather than raw criminal history data. The bill includes a $350,000 federal-funds appropriation for implementation and an equal reappropriation to the Office of Information Technology for related services.
Impact
HB26-1298 amends multiple sections of Title 26 governing child care and child placement licensing, especially sections 26-6-903, 26-6-910, 26-6-912, and 26-6-905. It expands and clarifies the authority of county departments and the state department to conduct fingerprint-based criminal background checks, sets confidentiality rules for FBI information, and updates disqualifying criteria for foster care and kinship foster care providers. The bill also creates a new statutory definition for county department and adds specific provisions for kinship foster care homes, including cross-state conviction and deferred judgment standards. In addition to the legal changes, it appropriates federal funds to support implementation and IT services.
Sentiment
The overall sentiment appears supportive and administrative rather than controversial. The bill was signed by the governor, and the text frames it as a necessary compliance measure to preserve the state’s ability to conduct required background checks under FBI standards. The absence of recorded committee testimony or votes in the provided materials suggests the measure moved without visible public opposition in the available record.
Contention
The main policy issue is not whether background checks should exist, but who may access and handle FBI criminal history information and how the state can lawfully share it. The bill explicitly limits private child placement agencies from receiving FBI criminal history record information, reserving that access to the state and county departments, which may affect agency workflows and information-sharing practices. Another point of potential concern is the expansion and clarification of disqualifying offenses and cross-state conviction standards for kinship foster care homes, which could narrow eligibility for some applicants. No specific opposing stakeholders or formal objections are reflected in the provided transcripts or vote history.