C.R.S. § 26-5.3-101 Short title
26-5.3-101. Short title. This article shall be known and may be cited as the "Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act".
Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act
C.R.S. tit. 26, art. 5.3
in effectC.R.S. § 26-5.3-102 Legislative declaration
26-5.3-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The state of Colorado recognizes its obligation to protect and provide for the children in Colorado's child welfare system;
(b) The children at imminent risk of being placed out of the home are likely to be placed out of the home immediately if intervention services are not made available to such children and their families;
(c) Community and home-based services are effective in helping to avoid the need to place children out of their homes and to reunite children with their families. However, alternatives to out-of-home placement are available only to a small percentage of children in the state due to insufficient statewide resources.
(d) Families with children at imminent risk of being placed out of the home are families in crisis and in need of emergency assistance to avoid such placement or to reunite families when an emergency has resulted in an out-of-home placement, which assistance includes, but is not limited to, intensive family preservation services and other services designed to maintain a child at home;
(e) Federal financial participation is available to provide emergency assistance to needy families with children in the form of intake, assessment, counseling, treatment, and other family preservation services that meet needs of the family which are attributable to the emergency or crisis situation;
(f) The provision of emergency assistance is likely to reduce the escalating state general fund costs of out-of-home placements, thereby making moneys available for other necessary children and family services or programs; and
(g) Because the child welfare system is a contributing factor to the state's expenditures, it is important to maximize moneys available to the state for child welfare needs by making service delivery systems family-focused, cost-efficient, and accessible statewide.
(2) The general assembly further finds and declares that it is therefore appropriate to authorize the implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. In addition, it is appropriate to develop a plan for the use of moneys saved as a result of providing emergency assistance to families.
C.R.S. § 26-5.3-103 Definitions
26-5.3-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Repealed.
(2) "At imminent risk of being placed out of the home" means that without intercession a child will be placed out of the home immediately.
(3) "Emergency assistance program" or "program" means the program for emergency assistance for families with children at imminent risk of out-of-home placement as authorized by this article.
C.R.S. § 26-5.3-104 Emergency assistance for families with children at imminent risk of being placed out of the home
26-5.3-104. Emergency assistance for families with children at imminent risk of being placed out of the home. (1) The executive director of the state department is hereby authorized to include in the state temporary assistance for needy families plan the establishment and implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. The purpose of the program shall be to meet the needs of the family in crisis due to the imminent risk of out-of-home placement by providing emergency assistance in the form of intake, assessment, counseling, treatment, and other family preservation services that meet the needs of the family which are attributable to the emergency or crisis situation.
(2) Nothing in this article shall prevent the state department from complying with federal requirements for a program of emergency assistance in order for the state of Colorado to qualify for federal funds under the federal "Social Security Act" and to use such federal funds for families with children at imminent risk of immediate out-of-home placement and to reunite children with their families, within the limits of available appropriations.
C.R.S. § 26-5.3-105 Eligibility requirements - period of eligibility - services available
26-5.3-105. Eligibility requirements - period of eligibility - services available. (1) Families with children or youth at imminent risk of out-of-home placement are eligible for emergency assistance. Assistance is available to or on behalf of a needy child or youth who is less than twenty-one years of age and any other member of the household in which the child or youth lives if:
(a) The child or youth is living with kin, as defined in section 26-6-903, in a place of residence maintained by the kin;
(b) Such child is without resources immediately accessible to meet the child's needs; and
(c) The emergency assistance is necessary to avoid destitution or to provide living arrangements for the child in a home.
(2) Assistance shall be authorized for a family no more than once during a twelve-month period.
(3) Emergency assistance provided pursuant to this article 5.3 may be used for, but is not limited to:
(a) Twenty-four-hour emergency shelter facilities or caretakers for children who must be removed from their homes in emergency situations;
(b) Counseling, including crisis counseling available by telephone twenty-four hours a day;
(c) Information referral;
(d) Intensive family preservation services;
(e) Repealed.
(f) Services used to develop and implement a discrete case plan, as provided by the federal "Social Security Act";
(g) Day treatment services for children.
(h) Goods needed for the child's basic care, including beds, clothing, and transportation costs; and
(i) Limited rental or housing assistance, not to exceed a sixty-day subsidy.
C.R.S. § 26-5.3-106 State's savings - cash fund created - use of money in fund - plan required
26-5.3-106. State's savings - cash fund created - use of money in fund - plan required. (1) There is hereby created a family issues cash fund. Moneys shall be deposited in the fund as follows:
(a) Any savings to the general fund realized as a result of federal financial participation available to the state based on the implementation of the emergency assistance program authorized by section 26-5.3-104;
(b) Any federal funds earned by the expenditure of moneys deposited in the cash fund.
(c) Repealed.
(1.5) All money in the fund is subject to annual appropriation by the general assembly and shall be used for the purposes set forth in the plan for improving the child welfare system in the state, developed in accordance with subsection (2) of this section, for the implementation of the emergency assistance program established pursuant to section 26-5.3-104 and for the family resource center program established pursuant to section 26.5-3-103. Federal funds received by the state for the emergency assistance program shall be used only for such program and not for any other purpose. In accordance with section 24-36-114, all interest derived from the deposit and investment of money in the fund must be credited to the general fund. It is the general assembly's intent that no additional state or county general fund money is used to finance the implementation of the plan established in accordance with subsection (2) of this section.
(2) The state department shall develop a strategic plan for improving the child welfare system in the state and for using the moneys in the family issues cash fund created in subsection (1) of this section. The plan shall specify the source of general fund savings deposited in the cash fund. The plan shall provide that the moneys in the fund shall, at a minimum, be used for the following purposes:
(a) Repealed.
(b) The provision of services aimed at reuniting families and avoiding out-of-home placements;
(c) The provision of support services and programs for children and families aimed at preventing out-of-home placements;
(d) The examination and assessment of the feasibility and effectiveness of alternative methods for the provision of services and placement procedures for homeless adolescents or adolescents who are at-risk of being placed out of the home;
(e) The development and implementation of county pilot programs for at-risk children and their families; and
(f) The provision of an expedited procedure for permanent placement of children five years of age or younger who have been placed out of the home.
(3) Repealed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026