SB 25-151

Abstract

The Timothy Montoya task force (task force): Analyzed the root causes of why a child or youth runs away from an out-of-home placement; Developed consistent, prompt, and effective responses to recover a missing child or youth; Addressed the safety and well-being of a child or youth upon the child's or youth's return to the out-of-home placement; and Made recommendations. The act implements the task force recommendations that focus on preventing a child or youth from running away from a residential child care facility (facility). The act requires the office of the child protection ombudsman (office) to conduct a statewide inventory survey (survey) of facilities to address: The physical infrastructure currently in place to deter children and youth from running away; and The physical infrastructure needed to deter children and youth from running away. The office shall consult with the department of human services to develop the survey. On or before July 1, 2026, the office shall submit a report to the health and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the survey. The act requires each facility, on or before July 1, 2026, to develop an efficient, well-structured, and trauma-informed policy that outlines how the facility responds to a child or youth who threatens or attempts to run away from care. The policy must include whether the facility uses physical restraints. Each facility shall provide a copy of the policy to the child or youth and the child's or youth's parent, legal guardian, or custodian during the child's or youth's intake at the facility. When a facility discovers that a child or youth is missing from its care, the facility shall notify the child's or youth's parent, legal guardian, or custodian and the guardian ad litem or counsel for youth within 4 hours after the discovery of the missing child or youth. If the facility cannot make initial contact with the child's or youth's parent, legal guardian, or custodian, the facility must make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian. (Note: This summary applies to this bill as enacted.)