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
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No further meetings.
For information, contact Laurence Lucero at laurence.lucero@state.co.us. - Subcommittee Members
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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 DistrictFormer Members Name Affiliation Tony Gherardini / CCJJ CO Department of Human Services (CDHS) representative - Subgroups
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The Abuse of Youth in Custody Subcommittee established no study groups.
- Materials
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The Abuse of Youth in Custody Subcommittee materials.
(Minutes of the Subcommittee meetings may be found below under "Previous Meetings.")House Bill 2018 - 1346
HB18-1346Mandate
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 AssemblyCommission Response
Recommendation:
FY19-AYIC 01Recommendation Description
The statute (ยง19-3-304, 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