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Abuse of Youth In Custody Subcommittee

The Abuse of Youth in Custody Subcommittee was seated by the Commission in September 2018 and concluded its meetings in March 2019. The Commission approved the final recommendation (FY19-AYIC #01, see Recommendations) from the Subcommittee at the June 2019 Commission meeting and submitted a report to the General Assembly (see, Mandates).

This Subcommittee was seated in response to a mandate by the Colorado General Assembly through House Bill 2018-1346 (Concerning child abuse related to youth who are under the continuing jurisdiction of the court in an out-of-home placement when they are younger than twenty-one years of age).The Subcommittee studied whether existing criminal statutes address abuse of a child or youth in facilities operated by the Colorado Department of Human Services (see the definition of "facility" in HB18-1346) and reported its findings to the Commission. The Commission submitted a final report to the General Assembly by July 1, 2019.

No Further Meetings

No further meetings.

For information, contact Laurence Lucero at laurence.lucero@state.co.us.

Subcommittee Members

The members of this Subcommittee were appointed by the CCJJ Chair and Vice-Chair to represent the agencies implied by the legislative mandate. The names, agencies and affiliations of members are provided below.

Name Affiliation
Joe Thome, Chair / CCJJ Division of Criminal Justice, CO Department of Public Safety
Blake Harrison District Attorney's Office representative - 2nd J.D. (Denver)
Effie Seibold Public Defender's Office representative
Natasha Mitchell Child Protection Ombudsman representative
Anders Jacobson CDHS, Division of Youth Services representative
Gretchen Russo CDHS, Judicial and Legislative Administrator
Joseph Brozek CDHS, Division of Child Welfare (Institutional Abuse Review Team representative)
Staff: Laurence Lucero (laurence.lucero@state.co.us)
CCJJ- Commission members
J.D.- Judicial District
Former Members
Name Affiliation
Tony Gherardini / CCJJ CO Department of Human Services (CDHS) representative
Subgroups

The Abuse of Youth in Custody Subcommittee established no study groups.

Materials

The Abuse of Youth in Custody Subcommittee materials.
(Minutes of the Subcommittee meetings may be found below under "Previous Meetings.")

House Bill 2018 - 1346
pdf icon HB18-1346
Mandate
To study whether existing criminal statutes address abuse of a child or youth in a facility and issue corresponding recommendations concerning any identified gaps in law that may need to be addressed. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the judiciary and the public health care and human services committees of the house of representatives and the judiciary and the health and human services committees of the senate, or any successor committees.
Proposed Work Plan  
October 2018 - March 2019
April 15, 2019
April 30, 2019
May 10, 2019
May 30, 2019
June 14, 2019
June 30, 2019
- Legal/statutory analysis, monthly Subcommittee meetings
- Draft report for Subcommittee review
- Draft report completed
- Present preview of Subcommittee findings to CCJJ
- Subcommittee finalizes report
- Final report presented to CCJJ
- Report completed and submitted to the General Assembly
Commission Response

Recommendation:

pdf icon FY19-AYIC 01
Recommendation Description
The statute (§19-3-304, C.R.S.) modified by H.B. 2018-1346 that obligates certain professionals to report child abuse/neglect to child protective services or law enforcement applies only to youth up to the age of 18. The subcommittee decided that, given the age range in the new definition of institutional abuse, an important gap exists in the protection of youth in facilities who are not covered by the current mandatory reporting statute. Therefore, the Subcommittee presented a recommendation to CCJJ, which approved the recommendation memo that was forwarded to the General Assembly.
Previous Meetings
Date Time Location Minutes
Tuesday, March 14, 2019 CANCELED
Tuesday, March 5, 2019 1:00-3:00pm 3rd Floor Meeting Room
Colorado Department of Public Safety
710 Kipling St., Lakewood, CO 80215
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Thursday, February 14, 2019 Meeting postponed to March 5, 2019
Thursday, January 17, 2019 1:30-3:00pm 4th Floor Training Room
Colorado Department of Public Safety
700 Kipling, Lakewood, CO 80215
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Thursday, December 20, 2018 1:30-3:00pm 3rd Floor Meeting Room
Colorado Department of Public Safety
710 Kipling St., Lakewood, CO 80215
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Thursday, November 15, 2018 1:30-3:00pm 4th Floor Training Room
Colorado Department of Public Safety
700 Kipling St., Lakewood, CO 80215
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Thursday, October 18, 2018 CANCELED
Thursday, September 27, 2018 1:30-3:00pm 4th Floor Training Room
Colorado Department of Public Safety
700 Kipling, Lakewood, CO 80215
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