SIGNED! Bill of Rights for Foster Youth Becomes Law

HB24-1017 establishes critical statutory rights for foster youth, including freedom from discrimination and harassment and access to basic care

DENVER, CO – Legislation that establishes a Bill of Rights for Foster Youth was signed into law today.

Sponsored by Reps. Lindsey Daugherty, D-Arvada, and Jennifer Parenti, D-Erie, and Senators Rachel Zenzinger, D-Arvada, and Dafna Michaelson Jenet, D-Commerce City, HB24-1017 outlines critical rights to empower and protect foster youth, including freedom from discrimination, harassment, access to basic care, gender identity and expression, and cultural or religious expression.

“To empower our foster youth, we need to establish in statute their freedoms and rights,” said Daugherty. “This law protects our youth’s access to the personal care and education they deserve and the freedom to express themselves and not be discriminated against. I’m extremely proud of the role our foster youth played in crafting this legislation which is an important step toward giving them the tools they need to not only succeed, but thrive.”

“Children and youth who are placed in the foster care system face a number of significant challenges, which is why we must ensure their rights and freedoms are protected,” Zenzinger said. “This new law guarantees Colorado’s youth have access to basic care and education so that they can live safely and securely while temporarily separated from their parents or families. What’s more, enshrining these rights in law will help ensure that foster youth in Colorado will not only be supported during a difficult time, but can continue to grow and thrive in a manner similar to their peers who are not in the child welfare system.”

“Through my experience as a foster parent, I understand the sacred trust that must exist between the youth in our system and their host families in order to have the best outcomes for everyone involved,” said Parenti. “This law is about ensuring foster youth have full knowledge of their rights and the resources available to support them.  We’re helping empower the most vulnerable kids in our communities to be treated with respect, dignity, and understanding.”

“Our foster youth are extraordinarily vulnerable and we must do more to ensure they fully understand and take advantage of the rights provided to them,” said Michaelson Jenet. “This new law will empower our foster youth, ensure they can access critical services and care, and help them live safer, more secure lives.”

HB24-1017 establishes critical statutory rights for youth living in foster care, requires county human service departments to provide written notice to foster youth about their rights, and clarifies the enforcement of these rights. The rights of foster care youth include:

• Access to education, basic essentials, and health care;

• The right to confidentiality and privacy;

• Freedom from discrimination or harassment;

• Freedom of thought, cultural and ethnic practice, and religion;

• Freedom to express gender identity;

• Freedom from threats, punishment, retaliation for asking questions, stating concerns, or making complaints about violations of their rights;

• Access to services, placements, and programs they are eligible for and notification of the benefits they are eligible for;

• The ability to request information on how payments are used by individuals who accepted payments for the youth;

• The right to receive appropriate placement and care, including being placed in a safe environment that is free of abuse, having their preferences regarding placement considered, and having providers who are aware of their history;

• The right to timely court proceedings and effective case management;

• The right to a timely notification to the Social Security Administration to initiate the transfer of benefits from providers to youth who are leaving the custody of the department;

• The right to access and communicate privately with caseworkers, legal representatives, advocates, probation officers, and other professionals;

• The ability to participate in legal proceedings and case planning; and 

• Access to certain necessities and support that will allow them to be self-sufficient in their transition to adulthood.

The rights listed above will apply to foster youth including those who are ages 18 to 21 and participating in the Foster Youth in Transition Program. HB24-1071 also requires that foster youth five years old and older receive written notice about their rights at their initial placement in foster care and that the written notice of rights in the youth’s primary language is updated at least annually, including if there is a new placement change.