Senate panel advances bill to simplify access to DHS child‑welfare records for adults who were subjects of reports

The Senate Judiciary Committee on March 30 advanced House Bill 12‑34, a bipartisan measure sponsors described as a "common‑sense" update to how people who were subjects of child abuse and neglect reports can access their Department of Human Services (DHS) records when they reach adulthood.

Sponsor Sen. Wallace told the committee the bill "simply allows the use of standard release forms, bringing these DHS records in line with other private records," and that it removes confusing statutory language that in some readings could prevent adults from accessing their own records. The sponsor also said the bill removes a criminal provision a federal court had identified as unconstitutional and modernizes a separate provision.

Katie Hecker, youth justice attorney at the Office of the Child's Representative, said the bill helps youth "access their own stories so that they can better tell that story to others," while preserving existing privacy protections. Shermy Houston, who testified from lived experience in foster care, said she was told obtaining her foster‑care records from Boulder County could cost approximately $4,000, a barrier she called "deeply discouraging."

James Karbach of the Office of the State Public Defender explained the bill's work on statutory cleanup and constitutional risk. He described Peck v. McCann, a federal case that found parts of the old statute overbroad, and said the bill narrows the criminal language to focus on prohibiting disclosure of identifying information while allowing lawful use of records in litigation. "We rework the crime to be constitutional," he said, noting that the revised penalty structure was made consistent with other statutes.

Witnesses from the Office of Respondent Parents' Counsel and defense organizations supported the bill, saying it addresses long‑standing practical problems — including situations in which agencies would hand records to parents rather than directly to child clients or their attorneys, complicating defense work.

Senator Wallace moved the bill to the Committee of the Whole with a favorable recommendation; the panel voted 6‑0 with one member excused to advance HB12‑34.