Lawmakers debate consent and safety clause in collaborative management bill; HB10‑35 passes

The House passed House Bill 10‑35 after extended floor debate that centered on two contested issues: (1) language allowing written consent to share records and whether a "child" (as defined in discussion) should be able to provide written consent, and (2) whether the bill should include a safety clause or a petition clause.

Representative Paschal, sponsor of the bill, said the bill clarifies what can be shared with courts and expands the list of entities eligible to enter memoranda of understanding with collaborative management teams. "The collaborative management program is a program, with a multidisciplinary team that will intervene if a child is considered to be an at risk youth," Paschal said, noting the program is run by the Colorado Department of Human Services and is opt‑in for counties.

Floor debate focused heavily on a committee amendment that, as adopted in committee, replaced a clause that would have allowed written consent by the child, youth, or family with language specifying parental or legal guardian written consent. Representative Bradley and other members urged a further cleanup amendment to ensure minors could not sign away medical records, arguing that children under common developmental ages could not give informed written consent. Bradley said, "A 4 year old cannot provide written consent for their records," and urged removing problematic language.

Sponsors and supporters said the bill updates existing program authorities and that the amendment adopted in committee restored parental consent in practice. Several members debated the safety clause: Representative Soper and others outlined constitutional differences between a safety clause (which limits referendum) and a petition clause (which allows a 90‑day referendum opportunity). Some members urged use of the petition clause to allow public referendum; others argued the safety clause was appropriate to prevent gaps in services for vulnerable families. On the floor, amendment attempts to change the clause (including L003 and L002 in committee and the Bradley Amendment in Committee of the Whole) failed at recorded votes; the committee report and the bill later passed on the floor.

The transcript records strong parental‑rights framing from multiple members and procedural back‑and‑forth; sponsors repeatedly said they worked with tribal leaders and stakeholders. The bill passed the House as presented by voice vote on the floor in the excerpted record.