B23 777

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Author: Mendelson

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Second Regular Session

Seventy-second General Assembly

STATE OF COLORADO

INTRODUCED

SENATE SPONSORSHIP

Rankin and Moreno,

HOUSE SPONSORSHIP

Gonzales-Gutierrez,

Judiciary

A BILL FOR AN ACT

101CONCERNING UPDATING COLORADO'S STATUTORY PROVISIONS

102RELATED TO FOSTER CARE PREVENTION SERVICES IN THE

103CONTEXT OF THE FEDERAL "FAMILY FIRST PREVENTION

104SERVICES ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including:

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

!Updating the definition of "kin" to ensure that kin are eligible for prevention services;

!Updating the definition of "qualified individual" to clarify eligibility;

!Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division;

!Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements;

!Adding information about prevention services and the authority of county departments of human and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies;

!Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements;

!Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement;

!Setting a new requirement that residential child care facilities must renew licenses annually; and

!Requiring the existing delivery of child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.

1Be it enacted by the General Assembly of the State of Colorado:

2SECTION 1. In Colorado Revised Statutes, 19-1-102, amend

3(1.9) as follows:

419-1-102. Legislative declaration. (1.9) The federal "Family 5 First Prevention Services Act" was enacted on February 9, 2018. In order 6 to comply with the provisions of the federal "Family First Prevention 7 Services Act", the general assembly finds that it is necessary to update

1current statutes to enable Colorado to provide enhanced support to

2 children, JUVENILES,OR youth, and their families in order to prevent foster 3 care placements. The state department shall implement the updated 4 provisions in sections 19-1-103, 19-1-115, 19-3-208, and 19-3-308 THIS

5TITLE 19 utilizing foster care prevention services and qualified residential

6 treatment programs when the federal government approves Colorado's 7 five-year Title IV-E prevention plan, and subject to available general fund 8 appropriations or federal funding.

9SECTION 2. In Colorado Revised Statutes, 19-1-103, amend

10(71.3) and (87.7) as follows:

1119-1-103. Definitions. As used in this title 19 or in the specified

12portion of this title 19, unless the context otherwise requires:

13(71.3) "Kin" for purposes of a "kinship foster care home" or for

14purposes of "noncertified kinship care", may be a relative of the child, a

15person ascribed by the family as having a family-like relationship with the

16child, or a person that has a prior significant relationship with the child.

17These relationships take into account cultural values and continuity of

18significant relationships with the child.

19(87.7) "Qualified individual" means a trained professional or

20licensed clinician, as defined in the federal "Family First Prevention

21Services Act". "QUALIFIED INDIVIDUAL" MUST BE APPROVED TO SERVE AS

22A QUALIFIED INDIVIDUAL ACCORDING TO THE STATE PLAN AND APPLIES

23ONLY TO A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12;

24A PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

25CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

26PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

27PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

1INDIVIDUAL" MUST NOT BE AN INTERESTED PARTY OR PARTICIPANT IN THE

2JUVENILE COURT PROCEEDING AND MUST BE FREE OF ANY PERSONAL OR

3BUSINESS RELATIONSHIP THAT WOULD CAUSE A CONFLICT OF INTEREST IN

4 EVALUATING THE CHILD, JUVENILE, OR YOUTH AND MAKING

5RECOMMENDATIONS CONCERNING THE CHILD'S, JUVENILE'S, OR YOUTH'S

6PLACEMENT AND THERAPEUTIC NEEDS.

7SECTION 3. In Colorado Revised Statutes, 19-1-115, amend

8(4)(e) introductory portion, (4)(e)(II), and (4)(f); and add (4)(g) as

9 follows:

1019-1-115. Legal custody - guardianship - placement out of the

11home - petition for review for need of placement. (4) (e) Whenever a

12child is placed in a qualified residential treatment program, a family or

13juvenile court, or, if there is no objection, the administrative review

14division of the department of human services, shall, within sixty days

15WITHIN SIXTY DAYS AFTER AN INITIAL PLACEMENT OF A CHILD, JUVENILE,

16OR YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM,OR WITHIN

17THIRTY DAYS AFTER THE PLACEMENT IF THE QUALIFIED INDIVIDUAL DOES

18NOT SUPPORT THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM LEVEL

19OF CARE OR THE CHILD, JUVENILE, OR YOUTH, GUARDIAN AD LITEM, OR

20ANY PARTY OBJECTS TO THE PLACEMENT, A JUVENILE COURT SHALL:

21(II) Determine whether the needs of the child, JUVENILE, OR

22YOUTH can be met through placement with a parent, legal guardian, legal

23custodian, kin caregiver, or in a foster care home, or whether placement

24of the child, JUVENILE, OR YOUTH in a qualified residential treatment

25program provides the most effective and appropriate level of care for the

26child, JUVENILE, OR YOUTH in the least restrictive environment, and

27whether that placement is consistent with the short- and long-term goals,

1including mental, behavioral, and physical health goals, for the child,

2 JUVENILE, OR YOUTH as specified in the permanency plan for the child, 3 JUVENILE, OR YOUTH or as outlined in the family services plan; and

4(f) As long as a child, JUVENILE, OR YOUTH remains in a qualified

5 residential treatment program, the county department shall submit

6evidence: at each review and each permanency hearing held with respect

7 to the child:

8(I) Demonstrating that ongoing assessment of the strengths and 9 needs of the child, JUVENILE, OR YOUTH continues to support the

10determination that the needs of the child, JUVENILE, OR YOUTH cannot be

11met through placement with a parent, legal guardian, legal custodian, kin

12caregiver, or in a foster family home; and that the placement in a qualified

13residential treatment program provides the most effective and appropriate

14level of care for the child, JUVENILE, OR YOUTH in the least restrictive

15environment; and that the placement is consistent with the short- and

16long-term goals for the child, JUVENILE, OR YOUTH as specified in the

17permanency plan for the child, JUVENILE, OR YOUTH, or as outlined in the

18family services plan;

19(II) Documenting the specific treatment or service needs that will

20be met for the child, JUVENILE, OR YOUTH in the placement and the length

21of time the child, JUVENILE, OR YOUTH is expected to need treatment or

22services; and

23(III) Documenting the efforts made by the county DEPARTMENT

24to prepare the child, JUVENILE, OR YOUTH to return home or to be placed

25with a fit and willing kin caregiver, a legal guardian, legal custodian, or

26an adoptive parent, or in a foster family.

27(g) THE EVIDENCE REQUIRED PURSUANT TO SUBSECTION (4)(f) OF

1THIS SECTION MUST BE SUBMITTED AT EACH SUBSEQUENT REVIEW AND

2EACH SUBSEQUENT PERMANENCY HEARING HELD CONCERNING THE CHILD,

3 JUVENILE, OR YOUTH. THE EVIDENCE MUST NOT BE SUBMITTED LESS

4FREQUENTLY THAN EVERY NINETY DAYS DURING THE DURATION OF THE

5PLACEMENT OF THE CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED

6RESIDENTIAL TREATMENT PROGRAM. THE EVIDENCE MUST BE SUBMITTED

7TO THE COURT OR TO THE ADMINISTRATIVE REVIEW DIVISION OF THE

8STATE DEPARTMENT OF HUMAN SERVICES IF PARTIES CONSENT TO THE

9LATTER. THE COURT, OR THE ADMINISTRATIVE REVIEW DIVISION OF THE

10STATE DEPARTMENT OF HUMAN SERVICES, SHALL REVIEW THE EVIDENCE

11SUBMITTED PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION AT EACH

12SUBSEQUENT PERMANENCY AND STATUS REVIEW HEARING AT LEAST

13EVERY NINETY DAYS DURING THE DURATION OF THE PLACEMENT OF THE

14CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT

15PROGRAM.

16SECTION 4. In Colorado Revised Statutes, add 19-1-115.7 as

17follows:

1819-1-115.7. Foster care prevention services - provision of

19services - rights and remedies - exchange of information. (1) A

20COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

21CHILD WELFARE PREVENTION SERVICES AND FOSTER CARE PREVENTION

22SERVICES, AS DEFINED IN SECTION 19-1-103 (51.7), TO FAMILIES, KIN

23CAREGIVERS, CHILDREN, JUVENILES, AND YOUTH.

24(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP

25A DETAILED NOTICE OF RIGHTS AND REMEDIES APPLICABLE TO PREVENTION

26SERVICES AND A PLAN FOR DISSEMINATING THE NOTICE OF RIGHTS AND

27REMEDIES TO AFFECTED PARTIES.

1(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

2A CHILD, JUVENILE, OR YOUTH OR A PARENT OR LEGAL GUARDIAN.

3(4) (a) WHEN PREVENTION SERVICES INFORMATION IS EXCHANGED

4BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND SERVICE

5PROVIDERS TO ALLOW FOR THE PROVISION OF PREVENTION SERVICES,SUCH

6INFORMATION IS CONFIDENTIAL AND NOT AVAILABLE TO THE PUBLIC. ALL

7ENTITIES PROVIDING PREVENTION SERVICES SHALL ENSURE THAT ALL

8INFORMATION OBTAINED AND EXCHANGED IS CONFIDENTIAL AS REQUIRED

9PURSUANT TO THIS SECTION, SECTIONS 19-1-103 AND 19-1-307, AND ANY

10OTHER APPLICABLE STATE OR FEDERAL LAW.

11(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

12SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

13SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

14TO THE PUBLIC.

15SECTION 5. In Colorado Revised Statutes, 19-2-906, add (5) as

16follows:

1719-2-906. Sentencing hearing. (5) IF THE SENTENCE IS A

18COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES, THE COURT

19SHALL MAKE A FINDING THAT SUCH COMMITMENT IS NOT THE RESULT OF

20A LACK OF AN AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM

21PLACEMENT.

22SECTION 6. In Colorado Revised Statutes, 19-2-907, amend

23(5)(a) as follows:

2419-2-907. Sentencing schedule - options. (5) (a) Except as

25otherwise provided in section 19-2-601 for an aggravated juvenile

26offender, if the court finds that placement out of the home is necessary

27and is in the best interests of the juvenile and the community, AND IF THE

1PLACEMENT IS A COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES

2AND SUCH COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT, the court

4shall place the juvenile, following the criteria established pursuant to

5 section 19-2-212, in the facility or setting that most appropriately meets 6 the needs of the juvenile, the juvenile's family, and the community. In 7 making its decision as to proper placement, the court shall utilize the 8 evaluation for placement prepared pursuant to section 19-1-107 or the 9 evaluation for placement required by section 19-1-115 (8)(e). Any

10placement recommendation in the evaluation prepared by the county

11department of human or social services must be accorded great weight as

12the placement that most appropriately meets the needs of the juvenile, the

13juvenile's family, and the community. A recommendation prepared by the

14county department of human or social services must set forth specific

15facts and reasons for the placement recommendation. If the evaluation for

16placement recommends placement in a facility located in Colorado that

17can provide appropriate treatment and that will accept the juvenile, then

18the court shall not place the juvenile in a facility outside this state. If the

19court places the juvenile in a facility located in Colorado other than one

20recommended by the evaluation for placement, in a facility located

21outside this state in accordance with the evaluation for placement, or in

22a facility in which the average monthly cost exceeds the amount

23established by the general assembly in the general appropriation bill, it

24shall make specific findings of fact, including the monthly cost of the

25facility in which such juvenile is placed, relating to its placement

26decision. A copy of such findings must be sent to the chief justice of the

27supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I),

1report monthly to the joint budget committee and annually to the house

2 and senate committees on health and human services, or any successor 3 committees, on such placements. If the court commits the juvenile to the

4 state department of human services, it shall not make a specific

5placement, nor are the provisions of this subsection (5) relating to specific

6 findings of fact applicable.

7SECTION 7. In Colorado Revised Statutes, 19-2-909, amend

8(1)(a) as follows:

919-2-909. Sentencing - commitment to the department of

10human services. (1) (a) Except as otherwise provided in sections

1119-2-601 and 19-2-921 for an aggravated juvenile offender, the court may

12commit a juvenile to the department of human services for a determinate

13period of up to two years if the juvenile is adjudicated for an offense that

14would constitute a felony or a misdemeanor if committed by an adult;

15except that, if the juvenile is younger than twelve years of age and is not

16adjudicated AS an aggravated juvenile offender, the court may commit the

17juvenile to the department of human services only if the juvenile is

18adjudicated for an offense that would constitute a class 1, class 2, or class

193 felony if committed by an adult. WHEN SENTENCING A JUVENILE TO THE

20DEPARTMENT OF HUMAN SERVICES, THE COURT SHALL MAKE A FINDING

21THAT THE COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

22QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

23SECTION 8. In Colorado Revised Statutes, 19-2-921, amend

24(1.5)(a) introductory portion; and add (1.5)(a)(III) as follows:

2519-2-921. Commitment to department of human services.

26(1.5) (a) When a court commits a juvenile to the state department of

27human services pursuant to the provisions of this article THIS ARTICLE 2,

1the court shall make the following specific determinations:

2(III) WHETHER PLACEMENT OF THE JUVENILE WITH THE

3DEPARTMENT OF HUMAN SERVICES IS THE RESULT OF A LACK OF AN

4AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

5SECTION 9. In Colorado Revised Statutes, 19-3-508, amend

6(5)(b)(I); and add (5)(b)(I.5) as follows:

7 19-3-508. Neglected or dependent child - disposition -

8concurrent planning. (5) (b) (I) If the court finds that placement out of

9 the home is necessary and is in the best interests of the child, and the

10community, the court shall place the child with a relative, including the

11child's grandparent, as provided in paragraph (b) of subsection (1)

12SUBSECTION (1)(b) of this section, if such placement is in the child's best

13interests. The court shall place the child in the facility or setting that most

14appropriately meets the needs of the child AND the family. and the

15community. FOR ALL PLACEMENTS OTHER THAN QUALIFIED RESIDENTIAL

16TREATMENT PROGRAMS, in making its decision as to proper placement,

17the court shall utilize the evaluation for placement prepared pursuant to

18section 19-1-107. If the court deviates from the recommendations of the

19A COUNTY DEPARTMENT'S evaluation for placement in a manner that

20results in a difference in the cost of the disposition ordered by the court

21and the cost of the disposition recommended in the evaluation, the court

22shall make specific findings of fact relating to its decision, including the

23monthly cost of the placement, if ordered. A copy of such findings shall

24MUST be sent to the chief justice of the supreme court, who shall report

25annually to the joint budget committee and annually to the health,

26environment, welfare, and institutions committees, OR ANY SUCCESSOR

27COMMITTEES, of the house of representatives and senate of the general

1assembly on such orders.

2(I.5) IN MAKING A DECISION AS TO PROPER PLACEMENT IN A

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL

4CONSIDER THE ASSESSMENT PROVIDED BY THE QUALIFIED INDIVIDUAL, AS

5DESCRIBED IN SECTION 19-1-115 (4)(e), AND SHALL GIVE GREAT WEIGHT

6TO THE RECOMMENDATION IN THE ASSESSMENT WHEN MAKING A

7QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT DECISION. AN

8ASSESSMENT PREPARED BY THE QUALIFIED INDIVIDUAL MUST IDENTIFY

9WHETHER A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS THE MOST

10EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE

11CHILD OR YOUTH. THE ASSESSMENT MUST ALSO IDENTIFY CHILD- OR

12YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

13YOUTH AND THE FAMILY. IF THE COURT DEVIATES FROM THE QUALIFIED

14INDIVIDUAL'S ASSESSMENT AND RECOMMENDATION, THE COURT SHALL

15MAKE SPECIFIC FINDINGS OF FACT REGARDING THE MOST EFFECTIVE,

16APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE CHILD OR

17YOUTH AND WHETHER THE PLACEMENT IS CONSISTENT WITH CHILD- OR

18YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

19YOUTH AND THE FAMILY. WHEN MAKING SUCH FINDINGS OF FACT, THE

20COURT SHALL CONSIDER ALL RELEVANT INFORMATION, INCLUDING:

21(A) WHETHER THE PROTOCOL FOR THE QUALIFIED RESIDENTIAL

22TREATMENT PROGRAM ASSESSMENT WAS FOLLOWED;

23(B) THE STRENGTHS AND SPECIFIC TREATMENT OR SERVICES NEEDS

24OF THE CHILD OR YOUTH AND THE FAMILY;

25(C) THE EXPECTED LENGTH OF STAY; AND

26(D) THE PLACEMENT PREFERENCE OF THE CHILD OR YOUTH AND

27THE FAMILY.

1SECTION 10. In Colorado Revised Statutes, 26-5-104, amend

2(7)(a); and add (1)(c), (1)(d), (1)(e), (1)(f), and (g) as follows:

326-5-104. Funding of child welfare services provider contracts

4- funding mechanism review - fund - report - rules - definitions -

5repeal. (1) Reimbursement. (c) ON OR BEFORE JULY 31, 2020, THE

6DELIVERY OF CHILD WELFARE SERVICES TASK FORCE, ESTABLISHED

7PURSUANT TO SECTION 26-5-105.8, SHALL MAKE RECOMMENDATIONS

8CONCERNING THE PROVISIONS OF SECTION 26-5-105.8 (1)(b).

9(d) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, THE

10STATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE PURSUANT

11TO SUBSECTION (1)(c) OF THIS SECTION, SHALL ESTABLISH A NEW

12REIMBURSEMENT RATE FOR OUT-OF-HOME PLACEMENTS THAT DO NOT

13MEET THE CRITERIA OF THE FEDERAL "FAMILY FIRST PREVENTION

14SERVICES ACT" THAT REIMBURSES COUNTY DEPARTMENTS AT A RATE

15THAT IS LOWER THAN THE RATE ESTABLISHED PURSUANT TO SUBSECTION

16 (1)(a) OF THIS SECTION, BUT NO LESS THAN A FIFTY PERCENT

17REIMBURSEMENT TO THE COUNTY DEPARTMENTS ON OR BEFORE

18DECEMBER 30, 2020.

19(e) IF THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE

20DOES NOT MAKE THE RECOMMENDATIONS REQUIRED PURSUANT TO

21SUBSECTION (1)(d) OF THIS SECTION, ON OR BEFORE JANUARY 1, 2021, THE

22STATE SHALL ESTABLISH NEW REIMBURSEMENT RATES THAT MEET THE

23CRITERIA DESCRIBED IN SUBSECTION (1)(d) OF THIS SECTION.

24(f) IN MAKING ITS RECOMMENDATIONS CONCERNING THE

25REIMBURSEMENT RATES PURSUANT TO SUBSECTION (1)(c) OF THIS

26SECTION, THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE SHALL

27CONSIDER THE IMPACT OF THE INSTITUTE FOR MENTAL DISEASE

1DESIGNATION ON QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR

2RESIDENTIAL CHILD CARE FACILITIES.

3(g) THIS SECTION GOES INTO EFFECT WHEN THE FEDERAL

4GOVERNMENT APPROVES COLORADO'S FIVE-YEAR TITLE IV-EPREVENTION

5PLAN.

6(7) Close-out process for county allocations. (a) (I) There is 7 created in the state treasury the child welfare prevention and intervention 8 services cash fund, referred to in this subsection (7) as the "fund". The

9 following two THREE special accounts are created in the fund:

10(A) The small- and medium-sized counties account, referred to in

11this subsection (7) as the "small- and medium-sized account"; and

12(B) The all-counties account, referred to in this subsection (7) as

13the "all-counties account"; AND

14(C) THE STATEWIDE CAPACITY BUILDING ACCOUNT, REFERRED TO

15IN THIS SUBSECTION (7) AS THE "CAPACITY BUILDING ACCOUNT".

16(II) The state department is authorized to accept gifts, grants, and

17donations, which must be transferred to the fund and credited to the

18all-counties account within the fund.

19(III) In addition to transfers credited to the all-counties account

20within the fund pursuant to subsection (7)(a.6) of this section, the general

21assembly may directly appropriate general fund money to the fund. If the

22general assembly makes a direct appropriation of general fund money to

23the fund, the money must be credited to the all-counties account OR THE

24CAPACITY BUILDING ACCOUNT within the fund. The state department, in

25consultation with the counties, shall determine the allocation of any

26money credited to the all-counties account within the fund, which money

27may be allocated to all counties, regardless of size.

1(IV) The state department, in consultation with counties, shall

2 allocate all money from the fund to increase local child welfare

3prevention and intervention services capacity, which allocations must be

4 used by a county for the delivery of child welfare prevention and 5 intervention services that have been approved by the state department.

6(V) The state department shall work collaboratively with the state 7 board of human services to promulgate rules concerning the allocation 8 and use of money from the fund.

9(VI) IN ADDITION TO ANY GENERAL FUND MONEY APPROPRIATED

10BY THE GENERAL ASSEMBLY, ALL FEDERAL REVENUE RECEIVED PURSUANT

11TO THE FEDERAL "FAMILY FIRST TRANSITION ACT" MUST BE DEPOSITED

12IN THE CAPACITY BUILDING ACCOUNT.

14ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

15ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

16A MINIMUM, THE FOLLOWING PURPOSES:

17(A) CAPACITY MAPPING OF EXISTING CHILD WELFARE SERVICES,

18INCLUDING PLACEMENT AVAILABILITY,MENTAL AND BEHAVIORAL HEALTH

19SERVICES,PREVENTION SERVICES THAT MEET THE FEDERAL "FAMILY FIRST

20PREVENTION SERVICES ACT", AND OTHER PREVENTION SERVICES;

21(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

22EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(d) AND

23(1)(e) OF THIS SECTION TO BECOME A PROVIDER WHO IS ELIGIBLE FOR

24HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

25SECTION OR THAT MEETS A DEMONSTRATED NEED FOR SERVICES IN THE

26STATE; AND

27(C) ADDITIONAL SUPPORT FOR FOSTER PARENT RECRUITMENT AND

1 RETENTION, INCLUDING SUPPORT FOR HARD-TO-SERVE CHILDREN,

2JUVENILES, AND YOUTH.

4ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

5ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

6A MINIMUM, THE FOLLOWING PURPOSES:

7(A) CAPACITY MAPPING OF CHILD WELFARE SERVICES, INCLUDING

8PLACEMENT AVAILABILITY, MENTAL AND BEHAVIORAL HEALTH SERVICES,

9 AND OTHER PREVENTION SERVICES; AND

10(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

11EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(c) AND

12(1)(d) OF THIS SECTION TO OBTAIN A LICENSURE TYPE THAT IS ELIGIBLE

13FOR HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

14SECTION.

15SECTION 11. In Colorado Revised Statutes, add 26-5.4-106 as

16follows:

1726-5.4-106. Foster care prevention services - provision of

18services - rights and remedies - exchange of information. (1) A

19COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

20CHILD WELFARE AND FOSTER CARE PREVENTION SERVICES, AS DEFINED IN

21SECTION 26-5.4-102, TO A FAMILY AND ITS CHILDREN.

22(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP,

23WITH THE ASSISTANCE OF THE ATTORNEY GENERAL, A DETAILED NOTICE

24OF RIGHTS AND REMEDIES FOR FAMILIES WHEN FOSTER CARE PREVENTION

25SERVICES ARE PROVIDED.

26(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

27A CHILD OR YOUTH, INCLUDING THOSE ELIGIBLE FOR FOSTER CARE

1PREVENTION SERVICES, OR ANY EXISTING RIGHTS OF A PARENT WHO IS

2ELIGIBLE FOR FOSTER CARE PREVENTION SERVICES.

3(4) (a) AN ENTITY PROVIDING FOSTER CARE PREVENTION SERVICES

4SHALL ENSURE THAT ALL INFORMATION OBTAINED AND EXCHANGED IS

5CONFIDENTIAL AS REQUIRED PURSUANT TO FEDERAL AND STATE LAWS

6REGARDING CONFIDENTIALITY.

7(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

8SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

9SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

10TO THE PUBLIC.

11SECTION 12. In Colorado Revised Statutes, 26-6-102, amend

12(19), (33), and (36)(a); and add (30.3) as follows:

1326-6-102. Definitions. As used in this article 6, unless the context

14otherwise requires:

15(19) "Kin" for purposes of a "kinship foster care home", may be

16a relative of the child, a person ascribed by the family as having a

17family-like relationship with the child, or a person that has a prior

18significant relationship with the child. These relationships take into

19account cultural values and continuity of significant relationships with the

20child.

21(30.3) "QUALIFIED INDIVIDUAL"MEANS A TRAINED PROFESSIONAL

22OR LICENSED CLINICIAN, AS DEFINED IN THE FEDERAL "FAMILY FIRST

23PREVENTION SERVICES ACT". "QUALIFIED INDIVIDUAL" APPLIES ONLY TO

24A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12; A

25PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

26CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

27PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

1PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

2INDIVIDUAL" MUST NOT BE CONNECTED TO OR AFFILIATED WITH THE CHILD

3WELFARE DIVISION OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL

4SERVICES, ANY PARTY OR SPECIAL RESPONDENT TO THE JUVENILE COURT

5PROCEEDING,OR ANY PLACEMENT SETTING IN WHICH CHILDREN OR YOUTH

6ARE PLACED BY THE STATE.

7(33) "Residential child care facility" means a facility licensed by 8 the state department pursuant to this part 1 to provide twenty-four-hour 9 group care and treatment for five or more children operated under private,

10public, or nonprofit sponsorship. "Residential child care facility" includes

11community-based residential child care facilities, qualified residential

12treatment programs, as defined in section 26-5.4-102 (2), shelter facilities,

13and therapeutic residential child care facilities as defined in rule by the

14state board, and psychiatric residential treatment facilities as defined in

15section 25.5-4-103 (19.5). A residential child care facility may be eligible

16for designation by the executive director of the state department pursuant

17to article 65 of title 27. A CHILD WHO IS ADMITTED TO A RESIDENTIAL

18CHILD CARE FACILITY MUST BE:

19(a) FIVE YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN YEARS

20OF AGE;

21(b) LESS THAN TWENTY-ONE YEARS OF AGE AND PLACED BY COURT

22ORDER PRIOR TO THEIR EIGHTEENTH BIRTHDAY; OR

23(c) ACCOMPANIED BY A PARENT IF LESS THAN FIVE YEARS OF AGE.

24(36) (a) "Specialized group facility" means a facility sponsored

25and supervised by a county department or a licensed child placement

26agency for the purpose of providing twenty-four-hour care for three or

27more children, but fewer than twelve children, whose special needs can

1best be met through the medium of a small group. and who are: A CHILD

2WHO IS ADMITTED TO A RESIDENTIAL CHILD CARE FACILITY MUST BE:

3(I) At least three SEVEN years of age or older but less than 4 eighteen years of age; or

5(II) Less than twenty-one years of age and who are placed by 6 court order prior to their eighteenth birthday. OR VOLUNTARY PLACEMENT;

7OR

8(III) ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IF LESS

9THAN SEVEN YEARS OF AGE.

10SECTION 13. In Colorado Revised Statutes, 26-6-104, add

11(1)(c)(III) as follows:

1226-6-104. Licenses - out-of-state notices and consent -

13demonstration pilot program - definition - rules. (1) (c) (III) ON AND

14AFTER JULY 1, 2021, ALL RESIDENTIAL CHILD CARE FACILITIES MUST BE

15LICENSED ANNUALLY. THE STATE BOARD SHALL PROMULGATE RULES

16SPECIFYING THE PROCEDURAL REQUIREMENTS ASSOCIATED WITH THE

17LICENSE RENEWAL FOR RESIDENTIAL CHILD CARE FACILITIES. THE RULES

18MUST INCLUDE A REQUIREMENT THAT THE STATE DEPARTMENT CONDUCT

19ASSESSMENTS OF THE RESIDENTIAL CHILD CARE FACILITY.

20SECTION 14. Safety clause. The general assembly hereby finds,

21determines, and declares that this act is necessary for the immediate

22preservation of the public peace, health, or safety.

B23 777

Version: Introduction
Author: Mendelson

Created by BCL easyConverter SDK 5 (HTML Version)

Second Regular Session

Seventy-second General Assembly

STATE OF COLORADO

INTRODUCED

SENATE SPONSORSHIP

Rankin and Moreno,

HOUSE SPONSORSHIP

Gonzales-Gutierrez,

Judiciary

A BILL FOR AN ACT

101CONCERNING UPDATING COLORADO'S STATUTORY PROVISIONS

102RELATED TO FOSTER CARE PREVENTION SERVICES IN THE

103CONTEXT OF THE FEDERAL "FAMILY FIRST PREVENTION

104SERVICES ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including:

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

!Updating the definition of "kin" to ensure that kin are eligible for prevention services;

!Updating the definition of "qualified individual" to clarify eligibility;

!Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division;

!Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements;

!Adding information about prevention services and the authority of county departments of human and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies;

!Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements;

!Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement;

!Setting a new requirement that residential child care facilities must renew licenses annually; and

!Requiring the existing delivery of child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.

1Be it enacted by the General Assembly of the State of Colorado:

2SECTION 1. In Colorado Revised Statutes, 19-1-102, amend

3(1.9) as follows:

419-1-102. Legislative declaration. (1.9) The federal "Family 5 First Prevention Services Act" was enacted on February 9, 2018. In order 6 to comply with the provisions of the federal "Family First Prevention 7 Services Act", the general assembly finds that it is necessary to update

1current statutes to enable Colorado to provide enhanced support to

2 children, JUVENILES,OR youth, and their families in order to prevent foster 3 care placements. The state department shall implement the updated 4 provisions in sections 19-1-103, 19-1-115, 19-3-208, and 19-3-308 THIS

5TITLE 19 utilizing foster care prevention services and qualified residential

6 treatment programs when the federal government approves Colorado's 7 five-year Title IV-E prevention plan, and subject to available general fund 8 appropriations or federal funding.

9SECTION 2. In Colorado Revised Statutes, 19-1-103, amend

10(71.3) and (87.7) as follows:

1119-1-103. Definitions. As used in this title 19 or in the specified

12portion of this title 19, unless the context otherwise requires:

13(71.3) "Kin" for purposes of a "kinship foster care home" or for

14purposes of "noncertified kinship care", may be a relative of the child, a

15person ascribed by the family as having a family-like relationship with the

16child, or a person that has a prior significant relationship with the child.

17These relationships take into account cultural values and continuity of

18significant relationships with the child.

19(87.7) "Qualified individual" means a trained professional or

20licensed clinician, as defined in the federal "Family First Prevention

21Services Act". "QUALIFIED INDIVIDUAL" MUST BE APPROVED TO SERVE AS

22A QUALIFIED INDIVIDUAL ACCORDING TO THE STATE PLAN AND APPLIES

23ONLY TO A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12;

24A PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

25CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

26PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

27PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

1INDIVIDUAL" MUST NOT BE AN INTERESTED PARTY OR PARTICIPANT IN THE

2JUVENILE COURT PROCEEDING AND MUST BE FREE OF ANY PERSONAL OR

3BUSINESS RELATIONSHIP THAT WOULD CAUSE A CONFLICT OF INTEREST IN

4 EVALUATING THE CHILD, JUVENILE, OR YOUTH AND MAKING

5RECOMMENDATIONS CONCERNING THE CHILD'S, JUVENILE'S, OR YOUTH'S

6PLACEMENT AND THERAPEUTIC NEEDS.

7SECTION 3. In Colorado Revised Statutes, 19-1-115, amend

8(4)(e) introductory portion, (4)(e)(II), and (4)(f); and add (4)(g) as

9 follows:

1019-1-115. Legal custody - guardianship - placement out of the

11home - petition for review for need of placement. (4) (e) Whenever a

12child is placed in a qualified residential treatment program, a family or

13juvenile court, or, if there is no objection, the administrative review

14division of the department of human services, shall, within sixty days

15WITHIN SIXTY DAYS AFTER AN INITIAL PLACEMENT OF A CHILD, JUVENILE,

16OR YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM,OR WITHIN

17THIRTY DAYS AFTER THE PLACEMENT IF THE QUALIFIED INDIVIDUAL DOES

18NOT SUPPORT THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM LEVEL

19OF CARE OR THE CHILD, JUVENILE, OR YOUTH, GUARDIAN AD LITEM, OR

20ANY PARTY OBJECTS TO THE PLACEMENT, A JUVENILE COURT SHALL:

21(II) Determine whether the needs of the child, JUVENILE, OR

22YOUTH can be met through placement with a parent, legal guardian, legal

23custodian, kin caregiver, or in a foster care home, or whether placement

24of the child, JUVENILE, OR YOUTH in a qualified residential treatment

25program provides the most effective and appropriate level of care for the

26child, JUVENILE, OR YOUTH in the least restrictive environment, and

27whether that placement is consistent with the short- and long-term goals,

1including mental, behavioral, and physical health goals, for the child,

2 JUVENILE, OR YOUTH as specified in the permanency plan for the child, 3 JUVENILE, OR YOUTH or as outlined in the family services plan; and

4(f) As long as a child, JUVENILE, OR YOUTH remains in a qualified

5 residential treatment program, the county department shall submit

6evidence: at each review and each permanency hearing held with respect

7 to the child:

8(I) Demonstrating that ongoing assessment of the strengths and 9 needs of the child, JUVENILE, OR YOUTH continues to support the

10determination that the needs of the child, JUVENILE, OR YOUTH cannot be

11met through placement with a parent, legal guardian, legal custodian, kin

12caregiver, or in a foster family home; and that the placement in a qualified

13residential treatment program provides the most effective and appropriate

14level of care for the child, JUVENILE, OR YOUTH in the least restrictive

15environment; and that the placement is consistent with the short- and

16long-term goals for the child, JUVENILE, OR YOUTH as specified in the

17permanency plan for the child, JUVENILE, OR YOUTH, or as outlined in the

18family services plan;

19(II) Documenting the specific treatment or service needs that will

20be met for the child, JUVENILE, OR YOUTH in the placement and the length

21of time the child, JUVENILE, OR YOUTH is expected to need treatment or

22services; and

23(III) Documenting the efforts made by the county DEPARTMENT

24to prepare the child, JUVENILE, OR YOUTH to return home or to be placed

25with a fit and willing kin caregiver, a legal guardian, legal custodian, or

26an adoptive parent, or in a foster family.

27(g) THE EVIDENCE REQUIRED PURSUANT TO SUBSECTION (4)(f) OF

1THIS SECTION MUST BE SUBMITTED AT EACH SUBSEQUENT REVIEW AND

2EACH SUBSEQUENT PERMANENCY HEARING HELD CONCERNING THE CHILD,

3 JUVENILE, OR YOUTH. THE EVIDENCE MUST NOT BE SUBMITTED LESS

4FREQUENTLY THAN EVERY NINETY DAYS DURING THE DURATION OF THE

5PLACEMENT OF THE CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED

6RESIDENTIAL TREATMENT PROGRAM. THE EVIDENCE MUST BE SUBMITTED

7TO THE COURT OR TO THE ADMINISTRATIVE REVIEW DIVISION OF THE

8STATE DEPARTMENT OF HUMAN SERVICES IF PARTIES CONSENT TO THE

9LATTER. THE COURT, OR THE ADMINISTRATIVE REVIEW DIVISION OF THE

10STATE DEPARTMENT OF HUMAN SERVICES, SHALL REVIEW THE EVIDENCE

11SUBMITTED PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION AT EACH

12SUBSEQUENT PERMANENCY AND STATUS REVIEW HEARING AT LEAST

13EVERY NINETY DAYS DURING THE DURATION OF THE PLACEMENT OF THE

14CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT

15PROGRAM.

16SECTION 4. In Colorado Revised Statutes, add 19-1-115.7 as

17follows:

1819-1-115.7. Foster care prevention services - provision of

19services - rights and remedies - exchange of information. (1) A

20COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

21CHILD WELFARE PREVENTION SERVICES AND FOSTER CARE PREVENTION

22SERVICES, AS DEFINED IN SECTION 19-1-103 (51.7), TO FAMILIES, KIN

23CAREGIVERS, CHILDREN, JUVENILES, AND YOUTH.

24(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP

25A DETAILED NOTICE OF RIGHTS AND REMEDIES APPLICABLE TO PREVENTION

26SERVICES AND A PLAN FOR DISSEMINATING THE NOTICE OF RIGHTS AND

27REMEDIES TO AFFECTED PARTIES.

1(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

2A CHILD, JUVENILE, OR YOUTH OR A PARENT OR LEGAL GUARDIAN.

3(4) (a) WHEN PREVENTION SERVICES INFORMATION IS EXCHANGED

4BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND SERVICE

5PROVIDERS TO ALLOW FOR THE PROVISION OF PREVENTION SERVICES,SUCH

6INFORMATION IS CONFIDENTIAL AND NOT AVAILABLE TO THE PUBLIC. ALL

7ENTITIES PROVIDING PREVENTION SERVICES SHALL ENSURE THAT ALL

8INFORMATION OBTAINED AND EXCHANGED IS CONFIDENTIAL AS REQUIRED

9PURSUANT TO THIS SECTION, SECTIONS 19-1-103 AND 19-1-307, AND ANY

10OTHER APPLICABLE STATE OR FEDERAL LAW.

11(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

12SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

13SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

14TO THE PUBLIC.

15SECTION 5. In Colorado Revised Statutes, 19-2-906, add (5) as

16follows:

1719-2-906. Sentencing hearing. (5) IF THE SENTENCE IS A

18COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES, THE COURT

19SHALL MAKE A FINDING THAT SUCH COMMITMENT IS NOT THE RESULT OF

20A LACK OF AN AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM

21PLACEMENT.

22SECTION 6. In Colorado Revised Statutes, 19-2-907, amend

23(5)(a) as follows:

2419-2-907. Sentencing schedule - options. (5) (a) Except as

25otherwise provided in section 19-2-601 for an aggravated juvenile

26offender, if the court finds that placement out of the home is necessary

27and is in the best interests of the juvenile and the community, AND IF THE

1PLACEMENT IS A COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES

2AND SUCH COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT, the court

4shall place the juvenile, following the criteria established pursuant to

5 section 19-2-212, in the facility or setting that most appropriately meets 6 the needs of the juvenile, the juvenile's family, and the community. In 7 making its decision as to proper placement, the court shall utilize the 8 evaluation for placement prepared pursuant to section 19-1-107 or the 9 evaluation for placement required by section 19-1-115 (8)(e). Any

10placement recommendation in the evaluation prepared by the county

11department of human or social services must be accorded great weight as

12the placement that most appropriately meets the needs of the juvenile, the

13juvenile's family, and the community. A recommendation prepared by the

14county department of human or social services must set forth specific

15facts and reasons for the placement recommendation. If the evaluation for

16placement recommends placement in a facility located in Colorado that

17can provide appropriate treatment and that will accept the juvenile, then

18the court shall not place the juvenile in a facility outside this state. If the

19court places the juvenile in a facility located in Colorado other than one

20recommended by the evaluation for placement, in a facility located

21outside this state in accordance with the evaluation for placement, or in

22a facility in which the average monthly cost exceeds the amount

23established by the general assembly in the general appropriation bill, it

24shall make specific findings of fact, including the monthly cost of the

25facility in which such juvenile is placed, relating to its placement

26decision. A copy of such findings must be sent to the chief justice of the

27supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I),

1report monthly to the joint budget committee and annually to the house

2 and senate committees on health and human services, or any successor 3 committees, on such placements. If the court commits the juvenile to the

4 state department of human services, it shall not make a specific

5placement, nor are the provisions of this subsection (5) relating to specific

6 findings of fact applicable.

7SECTION 7. In Colorado Revised Statutes, 19-2-909, amend

8(1)(a) as follows:

919-2-909. Sentencing - commitment to the department of

10human services. (1) (a) Except as otherwise provided in sections

1119-2-601 and 19-2-921 for an aggravated juvenile offender, the court may

12commit a juvenile to the department of human services for a determinate

13period of up to two years if the juvenile is adjudicated for an offense that

14would constitute a felony or a misdemeanor if committed by an adult;

15except that, if the juvenile is younger than twelve years of age and is not

16adjudicated AS an aggravated juvenile offender, the court may commit the

17juvenile to the department of human services only if the juvenile is

18adjudicated for an offense that would constitute a class 1, class 2, or class

193 felony if committed by an adult. WHEN SENTENCING A JUVENILE TO THE

20DEPARTMENT OF HUMAN SERVICES, THE COURT SHALL MAKE A FINDING

21THAT THE COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

22QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

23SECTION 8. In Colorado Revised Statutes, 19-2-921, amend

24(1.5)(a) introductory portion; and add (1.5)(a)(III) as follows:

2519-2-921. Commitment to department of human services.

26(1.5) (a) When a court commits a juvenile to the state department of

27human services pursuant to the provisions of this article THIS ARTICLE 2,

1the court shall make the following specific determinations:

2(III) WHETHER PLACEMENT OF THE JUVENILE WITH THE

3DEPARTMENT OF HUMAN SERVICES IS THE RESULT OF A LACK OF AN

4AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

5SECTION 9. In Colorado Revised Statutes, 19-3-508, amend

6(5)(b)(I); and add (5)(b)(I.5) as follows:

7 19-3-508. Neglected or dependent child - disposition -

8concurrent planning. (5) (b) (I) If the court finds that placement out of

9 the home is necessary and is in the best interests of the child, and the

10community, the court shall place the child with a relative, including the

11child's grandparent, as provided in paragraph (b) of subsection (1)

12SUBSECTION (1)(b) of this section, if such placement is in the child's best

13interests. The court shall place the child in the facility or setting that most

14appropriately meets the needs of the child AND the family. and the

15community. FOR ALL PLACEMENTS OTHER THAN QUALIFIED RESIDENTIAL

16TREATMENT PROGRAMS, in making its decision as to proper placement,

17the court shall utilize the evaluation for placement prepared pursuant to

18section 19-1-107. If the court deviates from the recommendations of the

19A COUNTY DEPARTMENT'S evaluation for placement in a manner that

20results in a difference in the cost of the disposition ordered by the court

21and the cost of the disposition recommended in the evaluation, the court

22shall make specific findings of fact relating to its decision, including the

23monthly cost of the placement, if ordered. A copy of such findings shall

24MUST be sent to the chief justice of the supreme court, who shall report

25annually to the joint budget committee and annually to the health,

26environment, welfare, and institutions committees, OR ANY SUCCESSOR

27COMMITTEES, of the house of representatives and senate of the general

1assembly on such orders.

2(I.5) IN MAKING A DECISION AS TO PROPER PLACEMENT IN A

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL

4CONSIDER THE ASSESSMENT PROVIDED BY THE QUALIFIED INDIVIDUAL, AS

5DESCRIBED IN SECTION 19-1-115 (4)(e), AND SHALL GIVE GREAT WEIGHT

6TO THE RECOMMENDATION IN THE ASSESSMENT WHEN MAKING A

7QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT DECISION. AN

8ASSESSMENT PREPARED BY THE QUALIFIED INDIVIDUAL MUST IDENTIFY

9WHETHER A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS THE MOST

10EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE

11CHILD OR YOUTH. THE ASSESSMENT MUST ALSO IDENTIFY CHILD- OR

12YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

13YOUTH AND THE FAMILY. IF THE COURT DEVIATES FROM THE QUALIFIED

14INDIVIDUAL'S ASSESSMENT AND RECOMMENDATION, THE COURT SHALL

15MAKE SPECIFIC FINDINGS OF FACT REGARDING THE MOST EFFECTIVE,

16APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE CHILD OR

17YOUTH AND WHETHER THE PLACEMENT IS CONSISTENT WITH CHILD- OR

18YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

19YOUTH AND THE FAMILY. WHEN MAKING SUCH FINDINGS OF FACT, THE

20COURT SHALL CONSIDER ALL RELEVANT INFORMATION, INCLUDING:

21(A) WHETHER THE PROTOCOL FOR THE QUALIFIED RESIDENTIAL

22TREATMENT PROGRAM ASSESSMENT WAS FOLLOWED;

23(B) THE STRENGTHS AND SPECIFIC TREATMENT OR SERVICES NEEDS

24OF THE CHILD OR YOUTH AND THE FAMILY;

25(C) THE EXPECTED LENGTH OF STAY; AND

26(D) THE PLACEMENT PREFERENCE OF THE CHILD OR YOUTH AND

27THE FAMILY.

1SECTION 10. In Colorado Revised Statutes, 26-5-104, amend

2(7)(a); and add (1)(c), (1)(d), (1)(e), (1)(f), and (g) as follows:

326-5-104. Funding of child welfare services provider contracts

4- funding mechanism review - fund - report - rules - definitions -

5repeal. (1) Reimbursement. (c) ON OR BEFORE JULY 31, 2020, THE

6DELIVERY OF CHILD WELFARE SERVICES TASK FORCE, ESTABLISHED

7PURSUANT TO SECTION 26-5-105.8, SHALL MAKE RECOMMENDATIONS

8CONCERNING THE PROVISIONS OF SECTION 26-5-105.8 (1)(b).

9(d) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, THE

10STATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE PURSUANT

11TO SUBSECTION (1)(c) OF THIS SECTION, SHALL ESTABLISH A NEW

12REIMBURSEMENT RATE FOR OUT-OF-HOME PLACEMENTS THAT DO NOT

13MEET THE CRITERIA OF THE FEDERAL "FAMILY FIRST PREVENTION

14SERVICES ACT" THAT REIMBURSES COUNTY DEPARTMENTS AT A RATE

15THAT IS LOWER THAN THE RATE ESTABLISHED PURSUANT TO SUBSECTION

16 (1)(a) OF THIS SECTION, BUT NO LESS THAN A FIFTY PERCENT

17REIMBURSEMENT TO THE COUNTY DEPARTMENTS ON OR BEFORE

18DECEMBER 30, 2020.

19(e) IF THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE

20DOES NOT MAKE THE RECOMMENDATIONS REQUIRED PURSUANT TO

21SUBSECTION (1)(d) OF THIS SECTION, ON OR BEFORE JANUARY 1, 2021, THE

22STATE SHALL ESTABLISH NEW REIMBURSEMENT RATES THAT MEET THE

23CRITERIA DESCRIBED IN SUBSECTION (1)(d) OF THIS SECTION.

24(f) IN MAKING ITS RECOMMENDATIONS CONCERNING THE

25REIMBURSEMENT RATES PURSUANT TO SUBSECTION (1)(c) OF THIS

26SECTION, THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE SHALL

27CONSIDER THE IMPACT OF THE INSTITUTE FOR MENTAL DISEASE

1DESIGNATION ON QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR

2RESIDENTIAL CHILD CARE FACILITIES.

3(g) THIS SECTION GOES INTO EFFECT WHEN THE FEDERAL

4GOVERNMENT APPROVES COLORADO'S FIVE-YEAR TITLE IV-EPREVENTION

5PLAN.

6(7) Close-out process for county allocations. (a) (I) There is 7 created in the state treasury the child welfare prevention and intervention 8 services cash fund, referred to in this subsection (7) as the "fund". The

9 following two THREE special accounts are created in the fund:

10(A) The small- and medium-sized counties account, referred to in

11this subsection (7) as the "small- and medium-sized account"; and

12(B) The all-counties account, referred to in this subsection (7) as

13the "all-counties account"; AND

14(C) THE STATEWIDE CAPACITY BUILDING ACCOUNT, REFERRED TO

15IN THIS SUBSECTION (7) AS THE "CAPACITY BUILDING ACCOUNT".

16(II) The state department is authorized to accept gifts, grants, and

17donations, which must be transferred to the fund and credited to the

18all-counties account within the fund.

19(III) In addition to transfers credited to the all-counties account

20within the fund pursuant to subsection (7)(a.6) of this section, the general

21assembly may directly appropriate general fund money to the fund. If the

22general assembly makes a direct appropriation of general fund money to

23the fund, the money must be credited to the all-counties account OR THE

24CAPACITY BUILDING ACCOUNT within the fund. The state department, in

25consultation with the counties, shall determine the allocation of any

26money credited to the all-counties account within the fund, which money

27may be allocated to all counties, regardless of size.

1(IV) The state department, in consultation with counties, shall

2 allocate all money from the fund to increase local child welfare

3prevention and intervention services capacity, which allocations must be

4 used by a county for the delivery of child welfare prevention and 5 intervention services that have been approved by the state department.

6(V) The state department shall work collaboratively with the state 7 board of human services to promulgate rules concerning the allocation 8 and use of money from the fund.

9(VI) IN ADDITION TO ANY GENERAL FUND MONEY APPROPRIATED

10BY THE GENERAL ASSEMBLY, ALL FEDERAL REVENUE RECEIVED PURSUANT

11TO THE FEDERAL "FAMILY FIRST TRANSITION ACT" MUST BE DEPOSITED

12IN THE CAPACITY BUILDING ACCOUNT.

14ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

15ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

16A MINIMUM, THE FOLLOWING PURPOSES:

17(A) CAPACITY MAPPING OF EXISTING CHILD WELFARE SERVICES,

18INCLUDING PLACEMENT AVAILABILITY,MENTAL AND BEHAVIORAL HEALTH

19SERVICES,PREVENTION SERVICES THAT MEET THE FEDERAL "FAMILY FIRST

20PREVENTION SERVICES ACT", AND OTHER PREVENTION SERVICES;

21(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

22EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(d) AND

23(1)(e) OF THIS SECTION TO BECOME A PROVIDER WHO IS ELIGIBLE FOR

24HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

25SECTION OR THAT MEETS A DEMONSTRATED NEED FOR SERVICES IN THE

26STATE; AND

27(C) ADDITIONAL SUPPORT FOR FOSTER PARENT RECRUITMENT AND

1 RETENTION, INCLUDING SUPPORT FOR HARD-TO-SERVE CHILDREN,

2JUVENILES, AND YOUTH.

4ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

5ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

6A MINIMUM, THE FOLLOWING PURPOSES:

7(A) CAPACITY MAPPING OF CHILD WELFARE SERVICES, INCLUDING

8PLACEMENT AVAILABILITY, MENTAL AND BEHAVIORAL HEALTH SERVICES,

9 AND OTHER PREVENTION SERVICES; AND

10(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

11EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(c) AND

12(1)(d) OF THIS SECTION TO OBTAIN A LICENSURE TYPE THAT IS ELIGIBLE

13FOR HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

14SECTION.

15SECTION 11. In Colorado Revised Statutes, add 26-5.4-106 as

16follows:

1726-5.4-106. Foster care prevention services - provision of

18services - rights and remedies - exchange of information. (1) A

19COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

20CHILD WELFARE AND FOSTER CARE PREVENTION SERVICES, AS DEFINED IN

21SECTION 26-5.4-102, TO A FAMILY AND ITS CHILDREN.

22(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP,

23WITH THE ASSISTANCE OF THE ATTORNEY GENERAL, A DETAILED NOTICE

24OF RIGHTS AND REMEDIES FOR FAMILIES WHEN FOSTER CARE PREVENTION

25SERVICES ARE PROVIDED.

26(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

27A CHILD OR YOUTH, INCLUDING THOSE ELIGIBLE FOR FOSTER CARE

1PREVENTION SERVICES, OR ANY EXISTING RIGHTS OF A PARENT WHO IS

2ELIGIBLE FOR FOSTER CARE PREVENTION SERVICES.

3(4) (a) AN ENTITY PROVIDING FOSTER CARE PREVENTION SERVICES

4SHALL ENSURE THAT ALL INFORMATION OBTAINED AND EXCHANGED IS

5CONFIDENTIAL AS REQUIRED PURSUANT TO FEDERAL AND STATE LAWS

6REGARDING CONFIDENTIALITY.

7(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

8SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

9SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

10TO THE PUBLIC.

11SECTION 12. In Colorado Revised Statutes, 26-6-102, amend

12(19), (33), and (36)(a); and add (30.3) as follows:

1326-6-102. Definitions. As used in this article 6, unless the context

14otherwise requires:

15(19) "Kin" for purposes of a "kinship foster care home", may be

16a relative of the child, a person ascribed by the family as having a

17family-like relationship with the child, or a person that has a prior

18significant relationship with the child. These relationships take into

19account cultural values and continuity of significant relationships with the

20child.

21(30.3) "QUALIFIED INDIVIDUAL"MEANS A TRAINED PROFESSIONAL

22OR LICENSED CLINICIAN, AS DEFINED IN THE FEDERAL "FAMILY FIRST

23PREVENTION SERVICES ACT". "QUALIFIED INDIVIDUAL" APPLIES ONLY TO

24A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12; A

25PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

26CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

27PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

1PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

2INDIVIDUAL" MUST NOT BE CONNECTED TO OR AFFILIATED WITH THE CHILD

3WELFARE DIVISION OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL

4SERVICES, ANY PARTY OR SPECIAL RESPONDENT TO THE JUVENILE COURT

5PROCEEDING,OR ANY PLACEMENT SETTING IN WHICH CHILDREN OR YOUTH

6ARE PLACED BY THE STATE.

7(33) "Residential child care facility" means a facility licensed by 8 the state department pursuant to this part 1 to provide twenty-four-hour 9 group care and treatment for five or more children operated under private,

10public, or nonprofit sponsorship. "Residential child care facility" includes

11community-based residential child care facilities, qualified residential

12treatment programs, as defined in section 26-5.4-102 (2), shelter facilities,

13and therapeutic residential child care facilities as defined in rule by the

14state board, and psychiatric residential treatment facilities as defined in

15section 25.5-4-103 (19.5). A residential child care facility may be eligible

16for designation by the executive director of the state department pursuant

17to article 65 of title 27. A CHILD WHO IS ADMITTED TO A RESIDENTIAL

18CHILD CARE FACILITY MUST BE:

19(a) FIVE YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN YEARS

20OF AGE;

21(b) LESS THAN TWENTY-ONE YEARS OF AGE AND PLACED BY COURT

22ORDER PRIOR TO THEIR EIGHTEENTH BIRTHDAY; OR

23(c) ACCOMPANIED BY A PARENT IF LESS THAN FIVE YEARS OF AGE.

24(36) (a) "Specialized group facility" means a facility sponsored

25and supervised by a county department or a licensed child placement

26agency for the purpose of providing twenty-four-hour care for three or

27more children, but fewer than twelve children, whose special needs can

1best be met through the medium of a small group. and who are: A CHILD

2WHO IS ADMITTED TO A RESIDENTIAL CHILD CARE FACILITY MUST BE:

3(I) At least three SEVEN years of age or older but less than 4 eighteen years of age; or

5(II) Less than twenty-one years of age and who are placed by 6 court order prior to their eighteenth birthday. OR VOLUNTARY PLACEMENT;

7OR

8(III) ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IF LESS

9THAN SEVEN YEARS OF AGE.

10SECTION 13. In Colorado Revised Statutes, 26-6-104, add

11(1)(c)(III) as follows:

1226-6-104. Licenses - out-of-state notices and consent -

13demonstration pilot program - definition - rules. (1) (c) (III) ON AND

14AFTER JULY 1, 2021, ALL RESIDENTIAL CHILD CARE FACILITIES MUST BE

15LICENSED ANNUALLY. THE STATE BOARD SHALL PROMULGATE RULES

16SPECIFYING THE PROCEDURAL REQUIREMENTS ASSOCIATED WITH THE

17LICENSE RENEWAL FOR RESIDENTIAL CHILD CARE FACILITIES. THE RULES

18MUST INCLUDE A REQUIREMENT THAT THE STATE DEPARTMENT CONDUCT

19ASSESSMENTS OF THE RESIDENTIAL CHILD CARE FACILITY.

20SECTION 14. Safety clause. The general assembly hereby finds,

21determines, and declares that this act is necessary for the immediate

22preservation of the public peace, health, or safety.

B23 777

Version: Introduction
Author: Mendelson

Created by BCL easyConverter SDK 5 (HTML Version)

Second Regular Session

Seventy-second General Assembly

STATE OF COLORADO

INTRODUCED

SENATE SPONSORSHIP

Rankin and Moreno,

HOUSE SPONSORSHIP

Gonzales-Gutierrez,

Judiciary

A BILL FOR AN ACT

101CONCERNING UPDATING COLORADO'S STATUTORY PROVISIONS

102RELATED TO FOSTER CARE PREVENTION SERVICES IN THE

103CONTEXT OF THE FEDERAL "FAMILY FIRST PREVENTION

104SERVICES ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including:

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

!Updating the definition of "kin" to ensure that kin are eligible for prevention services;

!Updating the definition of "qualified individual" to clarify eligibility;

!Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division;

!Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements;

!Adding information about prevention services and the authority of county departments of human and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies;

!Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements;

!Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement;

!Setting a new requirement that residential child care facilities must renew licenses annually; and

!Requiring the existing delivery of child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.

1Be it enacted by the General Assembly of the State of Colorado:

2SECTION 1. In Colorado Revised Statutes, 19-1-102, amend

3(1.9) as follows:

419-1-102. Legislative declaration. (1.9) The federal "Family 5 First Prevention Services Act" was enacted on February 9, 2018. In order 6 to comply with the provisions of the federal "Family First Prevention 7 Services Act", the general assembly finds that it is necessary to update

1current statutes to enable Colorado to provide enhanced support to

2 children, JUVENILES,OR youth, and their families in order to prevent foster 3 care placements. The state department shall implement the updated 4 provisions in sections 19-1-103, 19-1-115, 19-3-208, and 19-3-308 THIS

5TITLE 19 utilizing foster care prevention services and qualified residential

6 treatment programs when the federal government approves Colorado's 7 five-year Title IV-E prevention plan, and subject to available general fund 8 appropriations or federal funding.

9SECTION 2. In Colorado Revised Statutes, 19-1-103, amend

10(71.3) and (87.7) as follows:

1119-1-103. Definitions. As used in this title 19 or in the specified

12portion of this title 19, unless the context otherwise requires:

13(71.3) "Kin" for purposes of a "kinship foster care home" or for

14purposes of "noncertified kinship care", may be a relative of the child, a

15person ascribed by the family as having a family-like relationship with the

16child, or a person that has a prior significant relationship with the child.

17These relationships take into account cultural values and continuity of

18significant relationships with the child.

19(87.7) "Qualified individual" means a trained professional or

20licensed clinician, as defined in the federal "Family First Prevention

21Services Act". "QUALIFIED INDIVIDUAL" MUST BE APPROVED TO SERVE AS

22A QUALIFIED INDIVIDUAL ACCORDING TO THE STATE PLAN AND APPLIES

23ONLY TO A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12;

24A PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

25CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

26PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

27PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

1INDIVIDUAL" MUST NOT BE AN INTERESTED PARTY OR PARTICIPANT IN THE

2JUVENILE COURT PROCEEDING AND MUST BE FREE OF ANY PERSONAL OR

3BUSINESS RELATIONSHIP THAT WOULD CAUSE A CONFLICT OF INTEREST IN

4 EVALUATING THE CHILD, JUVENILE, OR YOUTH AND MAKING

5RECOMMENDATIONS CONCERNING THE CHILD'S, JUVENILE'S, OR YOUTH'S

6PLACEMENT AND THERAPEUTIC NEEDS.

7SECTION 3. In Colorado Revised Statutes, 19-1-115, amend

8(4)(e) introductory portion, (4)(e)(II), and (4)(f); and add (4)(g) as

9 follows:

1019-1-115. Legal custody - guardianship - placement out of the

11home - petition for review for need of placement. (4) (e) Whenever a

12child is placed in a qualified residential treatment program, a family or

13juvenile court, or, if there is no objection, the administrative review

14division of the department of human services, shall, within sixty days

15WITHIN SIXTY DAYS AFTER AN INITIAL PLACEMENT OF A CHILD, JUVENILE,

16OR YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM,OR WITHIN

17THIRTY DAYS AFTER THE PLACEMENT IF THE QUALIFIED INDIVIDUAL DOES

18NOT SUPPORT THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM LEVEL

19OF CARE OR THE CHILD, JUVENILE, OR YOUTH, GUARDIAN AD LITEM, OR

20ANY PARTY OBJECTS TO THE PLACEMENT, A JUVENILE COURT SHALL:

21(II) Determine whether the needs of the child, JUVENILE, OR

22YOUTH can be met through placement with a parent, legal guardian, legal

23custodian, kin caregiver, or in a foster care home, or whether placement

24of the child, JUVENILE, OR YOUTH in a qualified residential treatment

25program provides the most effective and appropriate level of care for the

26child, JUVENILE, OR YOUTH in the least restrictive environment, and

27whether that placement is consistent with the short- and long-term goals,

1including mental, behavioral, and physical health goals, for the child,

2 JUVENILE, OR YOUTH as specified in the permanency plan for the child, 3 JUVENILE, OR YOUTH or as outlined in the family services plan; and

4(f) As long as a child, JUVENILE, OR YOUTH remains in a qualified

5 residential treatment program, the county department shall submit

6evidence: at each review and each permanency hearing held with respect

7 to the child:

8(I) Demonstrating that ongoing assessment of the strengths and 9 needs of the child, JUVENILE, OR YOUTH continues to support the

10determination that the needs of the child, JUVENILE, OR YOUTH cannot be

11met through placement with a parent, legal guardian, legal custodian, kin

12caregiver, or in a foster family home; and that the placement in a qualified

13residential treatment program provides the most effective and appropriate

14level of care for the child, JUVENILE, OR YOUTH in the least restrictive

15environment; and that the placement is consistent with the short- and

16long-term goals for the child, JUVENILE, OR YOUTH as specified in the

17permanency plan for the child, JUVENILE, OR YOUTH, or as outlined in the

18family services plan;

19(II) Documenting the specific treatment or service needs that will

20be met for the child, JUVENILE, OR YOUTH in the placement and the length

21of time the child, JUVENILE, OR YOUTH is expected to need treatment or

22services; and

23(III) Documenting the efforts made by the county DEPARTMENT

24to prepare the child, JUVENILE, OR YOUTH to return home or to be placed

25with a fit and willing kin caregiver, a legal guardian, legal custodian, or

26an adoptive parent, or in a foster family.

27(g) THE EVIDENCE REQUIRED PURSUANT TO SUBSECTION (4)(f) OF

1THIS SECTION MUST BE SUBMITTED AT EACH SUBSEQUENT REVIEW AND

2EACH SUBSEQUENT PERMANENCY HEARING HELD CONCERNING THE CHILD,

3 JUVENILE, OR YOUTH. THE EVIDENCE MUST NOT BE SUBMITTED LESS

4FREQUENTLY THAN EVERY NINETY DAYS DURING THE DURATION OF THE

5PLACEMENT OF THE CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED

6RESIDENTIAL TREATMENT PROGRAM. THE EVIDENCE MUST BE SUBMITTED

7TO THE COURT OR TO THE ADMINISTRATIVE REVIEW DIVISION OF THE

8STATE DEPARTMENT OF HUMAN SERVICES IF PARTIES CONSENT TO THE

9LATTER. THE COURT, OR THE ADMINISTRATIVE REVIEW DIVISION OF THE

10STATE DEPARTMENT OF HUMAN SERVICES, SHALL REVIEW THE EVIDENCE

11SUBMITTED PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION AT EACH

12SUBSEQUENT PERMANENCY AND STATUS REVIEW HEARING AT LEAST

13EVERY NINETY DAYS DURING THE DURATION OF THE PLACEMENT OF THE

14CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT

15PROGRAM.

16SECTION 4. In Colorado Revised Statutes, add 19-1-115.7 as

17follows:

1819-1-115.7. Foster care prevention services - provision of

19services - rights and remedies - exchange of information. (1) A

20COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

21CHILD WELFARE PREVENTION SERVICES AND FOSTER CARE PREVENTION

22SERVICES, AS DEFINED IN SECTION 19-1-103 (51.7), TO FAMILIES, KIN

23CAREGIVERS, CHILDREN, JUVENILES, AND YOUTH.

24(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP

25A DETAILED NOTICE OF RIGHTS AND REMEDIES APPLICABLE TO PREVENTION

26SERVICES AND A PLAN FOR DISSEMINATING THE NOTICE OF RIGHTS AND

27REMEDIES TO AFFECTED PARTIES.

1(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

2A CHILD, JUVENILE, OR YOUTH OR A PARENT OR LEGAL GUARDIAN.

3(4) (a) WHEN PREVENTION SERVICES INFORMATION IS EXCHANGED

4BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND SERVICE

5PROVIDERS TO ALLOW FOR THE PROVISION OF PREVENTION SERVICES,SUCH

6INFORMATION IS CONFIDENTIAL AND NOT AVAILABLE TO THE PUBLIC. ALL

7ENTITIES PROVIDING PREVENTION SERVICES SHALL ENSURE THAT ALL

8INFORMATION OBTAINED AND EXCHANGED IS CONFIDENTIAL AS REQUIRED

9PURSUANT TO THIS SECTION, SECTIONS 19-1-103 AND 19-1-307, AND ANY

10OTHER APPLICABLE STATE OR FEDERAL LAW.

11(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

12SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

13SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

14TO THE PUBLIC.

15SECTION 5. In Colorado Revised Statutes, 19-2-906, add (5) as

16follows:

1719-2-906. Sentencing hearing. (5) IF THE SENTENCE IS A

18COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES, THE COURT

19SHALL MAKE A FINDING THAT SUCH COMMITMENT IS NOT THE RESULT OF

20A LACK OF AN AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM

21PLACEMENT.

22SECTION 6. In Colorado Revised Statutes, 19-2-907, amend

23(5)(a) as follows:

2419-2-907. Sentencing schedule - options. (5) (a) Except as

25otherwise provided in section 19-2-601 for an aggravated juvenile

26offender, if the court finds that placement out of the home is necessary

27and is in the best interests of the juvenile and the community, AND IF THE

1PLACEMENT IS A COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES

2AND SUCH COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT, the court

4shall place the juvenile, following the criteria established pursuant to

5 section 19-2-212, in the facility or setting that most appropriately meets 6 the needs of the juvenile, the juvenile's family, and the community. In 7 making its decision as to proper placement, the court shall utilize the 8 evaluation for placement prepared pursuant to section 19-1-107 or the 9 evaluation for placement required by section 19-1-115 (8)(e). Any

10placement recommendation in the evaluation prepared by the county

11department of human or social services must be accorded great weight as

12the placement that most appropriately meets the needs of the juvenile, the

13juvenile's family, and the community. A recommendation prepared by the

14county department of human or social services must set forth specific

15facts and reasons for the placement recommendation. If the evaluation for

16placement recommends placement in a facility located in Colorado that

17can provide appropriate treatment and that will accept the juvenile, then

18the court shall not place the juvenile in a facility outside this state. If the

19court places the juvenile in a facility located in Colorado other than one

20recommended by the evaluation for placement, in a facility located

21outside this state in accordance with the evaluation for placement, or in

22a facility in which the average monthly cost exceeds the amount

23established by the general assembly in the general appropriation bill, it

24shall make specific findings of fact, including the monthly cost of the

25facility in which such juvenile is placed, relating to its placement

26decision. A copy of such findings must be sent to the chief justice of the

27supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I),

1report monthly to the joint budget committee and annually to the house

2 and senate committees on health and human services, or any successor 3 committees, on such placements. If the court commits the juvenile to the

4 state department of human services, it shall not make a specific

5placement, nor are the provisions of this subsection (5) relating to specific

6 findings of fact applicable.

7SECTION 7. In Colorado Revised Statutes, 19-2-909, amend

8(1)(a) as follows:

919-2-909. Sentencing - commitment to the department of

10human services. (1) (a) Except as otherwise provided in sections

1119-2-601 and 19-2-921 for an aggravated juvenile offender, the court may

12commit a juvenile to the department of human services for a determinate

13period of up to two years if the juvenile is adjudicated for an offense that

14would constitute a felony or a misdemeanor if committed by an adult;

15except that, if the juvenile is younger than twelve years of age and is not

16adjudicated AS an aggravated juvenile offender, the court may commit the

17juvenile to the department of human services only if the juvenile is

18adjudicated for an offense that would constitute a class 1, class 2, or class

193 felony if committed by an adult. WHEN SENTENCING A JUVENILE TO THE

20DEPARTMENT OF HUMAN SERVICES, THE COURT SHALL MAKE A FINDING

21THAT THE COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

22QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

23SECTION 8. In Colorado Revised Statutes, 19-2-921, amend

24(1.5)(a) introductory portion; and add (1.5)(a)(III) as follows:

2519-2-921. Commitment to department of human services.

26(1.5) (a) When a court commits a juvenile to the state department of

27human services pursuant to the provisions of this article THIS ARTICLE 2,

1the court shall make the following specific determinations:

2(III) WHETHER PLACEMENT OF THE JUVENILE WITH THE

3DEPARTMENT OF HUMAN SERVICES IS THE RESULT OF A LACK OF AN

4AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

5SECTION 9. In Colorado Revised Statutes, 19-3-508, amend

6(5)(b)(I); and add (5)(b)(I.5) as follows:

7 19-3-508. Neglected or dependent child - disposition -

8concurrent planning. (5) (b) (I) If the court finds that placement out of

9 the home is necessary and is in the best interests of the child, and the

10community, the court shall place the child with a relative, including the

11child's grandparent, as provided in paragraph (b) of subsection (1)

12SUBSECTION (1)(b) of this section, if such placement is in the child's best

13interests. The court shall place the child in the facility or setting that most

14appropriately meets the needs of the child AND the family. and the

15community. FOR ALL PLACEMENTS OTHER THAN QUALIFIED RESIDENTIAL

16TREATMENT PROGRAMS, in making its decision as to proper placement,

17the court shall utilize the evaluation for placement prepared pursuant to

18section 19-1-107. If the court deviates from the recommendations of the

19A COUNTY DEPARTMENT'S evaluation for placement in a manner that

20results in a difference in the cost of the disposition ordered by the court

21and the cost of the disposition recommended in the evaluation, the court

22shall make specific findings of fact relating to its decision, including the

23monthly cost of the placement, if ordered. A copy of such findings shall

24MUST be sent to the chief justice of the supreme court, who shall report

25annually to the joint budget committee and annually to the health,

26environment, welfare, and institutions committees, OR ANY SUCCESSOR

27COMMITTEES, of the house of representatives and senate of the general

1assembly on such orders.

2(I.5) IN MAKING A DECISION AS TO PROPER PLACEMENT IN A

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL

4CONSIDER THE ASSESSMENT PROVIDED BY THE QUALIFIED INDIVIDUAL, AS

5DESCRIBED IN SECTION 19-1-115 (4)(e), AND SHALL GIVE GREAT WEIGHT

6TO THE RECOMMENDATION IN THE ASSESSMENT WHEN MAKING A

7QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT DECISION. AN

8ASSESSMENT PREPARED BY THE QUALIFIED INDIVIDUAL MUST IDENTIFY

9WHETHER A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS THE MOST

10EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE

11CHILD OR YOUTH. THE ASSESSMENT MUST ALSO IDENTIFY CHILD- OR

12YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

13YOUTH AND THE FAMILY. IF THE COURT DEVIATES FROM THE QUALIFIED

14INDIVIDUAL'S ASSESSMENT AND RECOMMENDATION, THE COURT SHALL

15MAKE SPECIFIC FINDINGS OF FACT REGARDING THE MOST EFFECTIVE,

16APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE CHILD OR

17YOUTH AND WHETHER THE PLACEMENT IS CONSISTENT WITH CHILD- OR

18YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

19YOUTH AND THE FAMILY. WHEN MAKING SUCH FINDINGS OF FACT, THE

20COURT SHALL CONSIDER ALL RELEVANT INFORMATION, INCLUDING:

21(A) WHETHER THE PROTOCOL FOR THE QUALIFIED RESIDENTIAL

22TREATMENT PROGRAM ASSESSMENT WAS FOLLOWED;

23(B) THE STRENGTHS AND SPECIFIC TREATMENT OR SERVICES NEEDS

24OF THE CHILD OR YOUTH AND THE FAMILY;

25(C) THE EXPECTED LENGTH OF STAY; AND

26(D) THE PLACEMENT PREFERENCE OF THE CHILD OR YOUTH AND

27THE FAMILY.

1SECTION 10. In Colorado Revised Statutes, 26-5-104, amend

2(7)(a); and add (1)(c), (1)(d), (1)(e), (1)(f), and (g) as follows:

326-5-104. Funding of child welfare services provider contracts

4- funding mechanism review - fund - report - rules - definitions -

5repeal. (1) Reimbursement. (c) ON OR BEFORE JULY 31, 2020, THE

6DELIVERY OF CHILD WELFARE SERVICES TASK FORCE, ESTABLISHED

7PURSUANT TO SECTION 26-5-105.8, SHALL MAKE RECOMMENDATIONS

8CONCERNING THE PROVISIONS OF SECTION 26-5-105.8 (1)(b).

9(d) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, THE

10STATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE PURSUANT

11TO SUBSECTION (1)(c) OF THIS SECTION, SHALL ESTABLISH A NEW

12REIMBURSEMENT RATE FOR OUT-OF-HOME PLACEMENTS THAT DO NOT

13MEET THE CRITERIA OF THE FEDERAL "FAMILY FIRST PREVENTION

14SERVICES ACT" THAT REIMBURSES COUNTY DEPARTMENTS AT A RATE

15THAT IS LOWER THAN THE RATE ESTABLISHED PURSUANT TO SUBSECTION

16 (1)(a) OF THIS SECTION, BUT NO LESS THAN A FIFTY PERCENT

17REIMBURSEMENT TO THE COUNTY DEPARTMENTS ON OR BEFORE

18DECEMBER 30, 2020.

19(e) IF THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE

20DOES NOT MAKE THE RECOMMENDATIONS REQUIRED PURSUANT TO

21SUBSECTION (1)(d) OF THIS SECTION, ON OR BEFORE JANUARY 1, 2021, THE

22STATE SHALL ESTABLISH NEW REIMBURSEMENT RATES THAT MEET THE

23CRITERIA DESCRIBED IN SUBSECTION (1)(d) OF THIS SECTION.

24(f) IN MAKING ITS RECOMMENDATIONS CONCERNING THE

25REIMBURSEMENT RATES PURSUANT TO SUBSECTION (1)(c) OF THIS

26SECTION, THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE SHALL

27CONSIDER THE IMPACT OF THE INSTITUTE FOR MENTAL DISEASE

1DESIGNATION ON QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR

2RESIDENTIAL CHILD CARE FACILITIES.

3(g) THIS SECTION GOES INTO EFFECT WHEN THE FEDERAL

4GOVERNMENT APPROVES COLORADO'S FIVE-YEAR TITLE IV-EPREVENTION

5PLAN.

6(7) Close-out process for county allocations. (a) (I) There is 7 created in the state treasury the child welfare prevention and intervention 8 services cash fund, referred to in this subsection (7) as the "fund". The

9 following two THREE special accounts are created in the fund:

10(A) The small- and medium-sized counties account, referred to in

11this subsection (7) as the "small- and medium-sized account"; and

12(B) The all-counties account, referred to in this subsection (7) as

13the "all-counties account"; AND

14(C) THE STATEWIDE CAPACITY BUILDING ACCOUNT, REFERRED TO

15IN THIS SUBSECTION (7) AS THE "CAPACITY BUILDING ACCOUNT".

16(II) The state department is authorized to accept gifts, grants, and

17donations, which must be transferred to the fund and credited to the

18all-counties account within the fund.

19(III) In addition to transfers credited to the all-counties account

20within the fund pursuant to subsection (7)(a.6) of this section, the general

21assembly may directly appropriate general fund money to the fund. If the

22general assembly makes a direct appropriation of general fund money to

23the fund, the money must be credited to the all-counties account OR THE

24CAPACITY BUILDING ACCOUNT within the fund. The state department, in

25consultation with the counties, shall determine the allocation of any

26money credited to the all-counties account within the fund, which money

27may be allocated to all counties, regardless of size.

1(IV) The state department, in consultation with counties, shall

2 allocate all money from the fund to increase local child welfare

3prevention and intervention services capacity, which allocations must be

4 used by a county for the delivery of child welfare prevention and 5 intervention services that have been approved by the state department.

6(V) The state department shall work collaboratively with the state 7 board of human services to promulgate rules concerning the allocation 8 and use of money from the fund.

9(VI) IN ADDITION TO ANY GENERAL FUND MONEY APPROPRIATED

10BY THE GENERAL ASSEMBLY, ALL FEDERAL REVENUE RECEIVED PURSUANT

11TO THE FEDERAL "FAMILY FIRST TRANSITION ACT" MUST BE DEPOSITED

12IN THE CAPACITY BUILDING ACCOUNT.

14ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

15ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

16A MINIMUM, THE FOLLOWING PURPOSES:

17(A) CAPACITY MAPPING OF EXISTING CHILD WELFARE SERVICES,

18INCLUDING PLACEMENT AVAILABILITY,MENTAL AND BEHAVIORAL HEALTH

19SERVICES,PREVENTION SERVICES THAT MEET THE FEDERAL "FAMILY FIRST

20PREVENTION SERVICES ACT", AND OTHER PREVENTION SERVICES;

21(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

22EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(d) AND

23(1)(e) OF THIS SECTION TO BECOME A PROVIDER WHO IS ELIGIBLE FOR

24HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

25SECTION OR THAT MEETS A DEMONSTRATED NEED FOR SERVICES IN THE

26STATE; AND

27(C) ADDITIONAL SUPPORT FOR FOSTER PARENT RECRUITMENT AND

1 RETENTION, INCLUDING SUPPORT FOR HARD-TO-SERVE CHILDREN,

2JUVENILES, AND YOUTH.

4ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

5ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

6A MINIMUM, THE FOLLOWING PURPOSES:

7(A) CAPACITY MAPPING OF CHILD WELFARE SERVICES, INCLUDING

8PLACEMENT AVAILABILITY, MENTAL AND BEHAVIORAL HEALTH SERVICES,

9 AND OTHER PREVENTION SERVICES; AND

10(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

11EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(c) AND

12(1)(d) OF THIS SECTION TO OBTAIN A LICENSURE TYPE THAT IS ELIGIBLE

13FOR HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

14SECTION.

15SECTION 11. In Colorado Revised Statutes, add 26-5.4-106 as

16follows:

1726-5.4-106. Foster care prevention services - provision of

18services - rights and remedies - exchange of information. (1) A

19COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

20CHILD WELFARE AND FOSTER CARE PREVENTION SERVICES, AS DEFINED IN

21SECTION 26-5.4-102, TO A FAMILY AND ITS CHILDREN.

22(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP,

23WITH THE ASSISTANCE OF THE ATTORNEY GENERAL, A DETAILED NOTICE

24OF RIGHTS AND REMEDIES FOR FAMILIES WHEN FOSTER CARE PREVENTION

25SERVICES ARE PROVIDED.

26(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

27A CHILD OR YOUTH, INCLUDING THOSE ELIGIBLE FOR FOSTER CARE

1PREVENTION SERVICES, OR ANY EXISTING RIGHTS OF A PARENT WHO IS

2ELIGIBLE FOR FOSTER CARE PREVENTION SERVICES.

3(4) (a) AN ENTITY PROVIDING FOSTER CARE PREVENTION SERVICES

4SHALL ENSURE THAT ALL INFORMATION OBTAINED AND EXCHANGED IS

5CONFIDENTIAL AS REQUIRED PURSUANT TO FEDERAL AND STATE LAWS

6REGARDING CONFIDENTIALITY.

7(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

8SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

9SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

10TO THE PUBLIC.

11SECTION 12. In Colorado Revised Statutes, 26-6-102, amend

12(19), (33), and (36)(a); and add (30.3) as follows:

1326-6-102. Definitions. As used in this article 6, unless the context

14otherwise requires:

15(19) "Kin" for purposes of a "kinship foster care home", may be

16a relative of the child, a person ascribed by the family as having a

17family-like relationship with the child, or a person that has a prior

18significant relationship with the child. These relationships take into

19account cultural values and continuity of significant relationships with the

20child.

21(30.3) "QUALIFIED INDIVIDUAL"MEANS A TRAINED PROFESSIONAL

22OR LICENSED CLINICIAN, AS DEFINED IN THE FEDERAL "FAMILY FIRST

23PREVENTION SERVICES ACT". "QUALIFIED INDIVIDUAL" APPLIES ONLY TO

24A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12; A

25PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

26CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

27PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

1PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

2INDIVIDUAL" MUST NOT BE CONNECTED TO OR AFFILIATED WITH THE CHILD

3WELFARE DIVISION OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL

4SERVICES, ANY PARTY OR SPECIAL RESPONDENT TO THE JUVENILE COURT

5PROCEEDING,OR ANY PLACEMENT SETTING IN WHICH CHILDREN OR YOUTH

6ARE PLACED BY THE STATE.

7(33) "Residential child care facility" means a facility licensed by 8 the state department pursuant to this part 1 to provide twenty-four-hour 9 group care and treatment for five or more children operated under private,

10public, or nonprofit sponsorship. "Residential child care facility" includes

11community-based residential child care facilities, qualified residential

12treatment programs, as defined in section 26-5.4-102 (2), shelter facilities,

13and therapeutic residential child care facilities as defined in rule by the

14state board, and psychiatric residential treatment facilities as defined in

15section 25.5-4-103 (19.5). A residential child care facility may be eligible

16for designation by the executive director of the state department pursuant

17to article 65 of title 27. A CHILD WHO IS ADMITTED TO A RESIDENTIAL

18CHILD CARE FACILITY MUST BE:

19(a) FIVE YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN YEARS

20OF AGE;

21(b) LESS THAN TWENTY-ONE YEARS OF AGE AND PLACED BY COURT

22ORDER PRIOR TO THEIR EIGHTEENTH BIRTHDAY; OR

23(c) ACCOMPANIED BY A PARENT IF LESS THAN FIVE YEARS OF AGE.

24(36) (a) "Specialized group facility" means a facility sponsored

25and supervised by a county department or a licensed child placement

26agency for the purpose of providing twenty-four-hour care for three or

27more children, but fewer than twelve children, whose special needs can

1best be met through the medium of a small group. and who are: A CHILD

2WHO IS ADMITTED TO A RESIDENTIAL CHILD CARE FACILITY MUST BE:

3(I) At least three SEVEN years of age or older but less than 4 eighteen years of age; or

5(II) Less than twenty-one years of age and who are placed by 6 court order prior to their eighteenth birthday. OR VOLUNTARY PLACEMENT;

7OR

8(III) ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IF LESS

9THAN SEVEN YEARS OF AGE.

10SECTION 13. In Colorado Revised Statutes, 26-6-104, add

11(1)(c)(III) as follows:

1226-6-104. Licenses - out-of-state notices and consent -

13demonstration pilot program - definition - rules. (1) (c) (III) ON AND

14AFTER JULY 1, 2021, ALL RESIDENTIAL CHILD CARE FACILITIES MUST BE

15LICENSED ANNUALLY. THE STATE BOARD SHALL PROMULGATE RULES

16SPECIFYING THE PROCEDURAL REQUIREMENTS ASSOCIATED WITH THE

17LICENSE RENEWAL FOR RESIDENTIAL CHILD CARE FACILITIES. THE RULES

18MUST INCLUDE A REQUIREMENT THAT THE STATE DEPARTMENT CONDUCT

19ASSESSMENTS OF THE RESIDENTIAL CHILD CARE FACILITY.

20SECTION 14. Safety clause. The general assembly hereby finds,

21determines, and declares that this act is necessary for the immediate

22preservation of the public peace, health, or safety.

B23 777

Version: Introduction
Author: Mendelson

Created by BCL easyConverter SDK 5 (HTML Version)

Second Regular Session

Seventy-second General Assembly

STATE OF COLORADO

INTRODUCED

SENATE SPONSORSHIP

Rankin and Moreno,

HOUSE SPONSORSHIP

Gonzales-Gutierrez,

Judiciary

A BILL FOR AN ACT

101CONCERNING UPDATING COLORADO'S STATUTORY PROVISIONS

102RELATED TO FOSTER CARE PREVENTION SERVICES IN THE

103CONTEXT OF THE FEDERAL "FAMILY FIRST PREVENTION

104SERVICES ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including:

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

!Updating the definition of "kin" to ensure that kin are eligible for prevention services;

!Updating the definition of "qualified individual" to clarify eligibility;

!Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division;

!Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements;

!Adding information about prevention services and the authority of county departments of human and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies;

!Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements;

!Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement;

!Setting a new requirement that residential child care facilities must renew licenses annually; and

!Requiring the existing delivery of child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.

1Be it enacted by the General Assembly of the State of Colorado:

2SECTION 1. In Colorado Revised Statutes, 19-1-102, amend

3(1.9) as follows:

419-1-102. Legislative declaration. (1.9) The federal "Family 5 First Prevention Services Act" was enacted on February 9, 2018. In order 6 to comply with the provisions of the federal "Family First Prevention 7 Services Act", the general assembly finds that it is necessary to update

1current statutes to enable Colorado to provide enhanced support to

2 children, JUVENILES,OR youth, and their families in order to prevent foster 3 care placements. The state department shall implement the updated 4 provisions in sections 19-1-103, 19-1-115, 19-3-208, and 19-3-308 THIS

5TITLE 19 utilizing foster care prevention services and qualified residential

6 treatment programs when the federal government approves Colorado's 7 five-year Title IV-E prevention plan, and subject to available general fund 8 appropriations or federal funding.

9SECTION 2. In Colorado Revised Statutes, 19-1-103, amend

10(71.3) and (87.7) as follows:

1119-1-103. Definitions. As used in this title 19 or in the specified

12portion of this title 19, unless the context otherwise requires:

13(71.3) "Kin" for purposes of a "kinship foster care home" or for

14purposes of "noncertified kinship care", may be a relative of the child, a

15person ascribed by the family as having a family-like relationship with the

16child, or a person that has a prior significant relationship with the child.

17These relationships take into account cultural values and continuity of

18significant relationships with the child.

19(87.7) "Qualified individual" means a trained professional or

20licensed clinician, as defined in the federal "Family First Prevention

21Services Act". "QUALIFIED INDIVIDUAL" MUST BE APPROVED TO SERVE AS

22A QUALIFIED INDIVIDUAL ACCORDING TO THE STATE PLAN AND APPLIES

23ONLY TO A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12;

24A PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

25CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

26PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

27PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

1INDIVIDUAL" MUST NOT BE AN INTERESTED PARTY OR PARTICIPANT IN THE

2JUVENILE COURT PROCEEDING AND MUST BE FREE OF ANY PERSONAL OR

3BUSINESS RELATIONSHIP THAT WOULD CAUSE A CONFLICT OF INTEREST IN

4 EVALUATING THE CHILD, JUVENILE, OR YOUTH AND MAKING

5RECOMMENDATIONS CONCERNING THE CHILD'S, JUVENILE'S, OR YOUTH'S

6PLACEMENT AND THERAPEUTIC NEEDS.

7SECTION 3. In Colorado Revised Statutes, 19-1-115, amend

8(4)(e) introductory portion, (4)(e)(II), and (4)(f); and add (4)(g) as

9 follows:

1019-1-115. Legal custody - guardianship - placement out of the

11home - petition for review for need of placement. (4) (e) Whenever a

12child is placed in a qualified residential treatment program, a family or

13juvenile court, or, if there is no objection, the administrative review

14division of the department of human services, shall, within sixty days

15WITHIN SIXTY DAYS AFTER AN INITIAL PLACEMENT OF A CHILD, JUVENILE,

16OR YOUTH IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM,OR WITHIN

17THIRTY DAYS AFTER THE PLACEMENT IF THE QUALIFIED INDIVIDUAL DOES

18NOT SUPPORT THE QUALIFIED RESIDENTIAL TREATMENT PROGRAM LEVEL

19OF CARE OR THE CHILD, JUVENILE, OR YOUTH, GUARDIAN AD LITEM, OR

20ANY PARTY OBJECTS TO THE PLACEMENT, A JUVENILE COURT SHALL:

21(II) Determine whether the needs of the child, JUVENILE, OR

22YOUTH can be met through placement with a parent, legal guardian, legal

23custodian, kin caregiver, or in a foster care home, or whether placement

24of the child, JUVENILE, OR YOUTH in a qualified residential treatment

25program provides the most effective and appropriate level of care for the

26child, JUVENILE, OR YOUTH in the least restrictive environment, and

27whether that placement is consistent with the short- and long-term goals,

1including mental, behavioral, and physical health goals, for the child,

2 JUVENILE, OR YOUTH as specified in the permanency plan for the child, 3 JUVENILE, OR YOUTH or as outlined in the family services plan; and

4(f) As long as a child, JUVENILE, OR YOUTH remains in a qualified

5 residential treatment program, the county department shall submit

6evidence: at each review and each permanency hearing held with respect

7 to the child:

8(I) Demonstrating that ongoing assessment of the strengths and 9 needs of the child, JUVENILE, OR YOUTH continues to support the

10determination that the needs of the child, JUVENILE, OR YOUTH cannot be

11met through placement with a parent, legal guardian, legal custodian, kin

12caregiver, or in a foster family home; and that the placement in a qualified

13residential treatment program provides the most effective and appropriate

14level of care for the child, JUVENILE, OR YOUTH in the least restrictive

15environment; and that the placement is consistent with the short- and

16long-term goals for the child, JUVENILE, OR YOUTH as specified in the

17permanency plan for the child, JUVENILE, OR YOUTH, or as outlined in the

18family services plan;

19(II) Documenting the specific treatment or service needs that will

20be met for the child, JUVENILE, OR YOUTH in the placement and the length

21of time the child, JUVENILE, OR YOUTH is expected to need treatment or

22services; and

23(III) Documenting the efforts made by the county DEPARTMENT

24to prepare the child, JUVENILE, OR YOUTH to return home or to be placed

25with a fit and willing kin caregiver, a legal guardian, legal custodian, or

26an adoptive parent, or in a foster family.

27(g) THE EVIDENCE REQUIRED PURSUANT TO SUBSECTION (4)(f) OF

1THIS SECTION MUST BE SUBMITTED AT EACH SUBSEQUENT REVIEW AND

2EACH SUBSEQUENT PERMANENCY HEARING HELD CONCERNING THE CHILD,

3 JUVENILE, OR YOUTH. THE EVIDENCE MUST NOT BE SUBMITTED LESS

4FREQUENTLY THAN EVERY NINETY DAYS DURING THE DURATION OF THE

5PLACEMENT OF THE CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED

6RESIDENTIAL TREATMENT PROGRAM. THE EVIDENCE MUST BE SUBMITTED

7TO THE COURT OR TO THE ADMINISTRATIVE REVIEW DIVISION OF THE

8STATE DEPARTMENT OF HUMAN SERVICES IF PARTIES CONSENT TO THE

9LATTER. THE COURT, OR THE ADMINISTRATIVE REVIEW DIVISION OF THE

10STATE DEPARTMENT OF HUMAN SERVICES, SHALL REVIEW THE EVIDENCE

11SUBMITTED PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION AT EACH

12SUBSEQUENT PERMANENCY AND STATUS REVIEW HEARING AT LEAST

13EVERY NINETY DAYS DURING THE DURATION OF THE PLACEMENT OF THE

14CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT

15PROGRAM.

16SECTION 4. In Colorado Revised Statutes, add 19-1-115.7 as

17follows:

1819-1-115.7. Foster care prevention services - provision of

19services - rights and remedies - exchange of information. (1) A

20COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

21CHILD WELFARE PREVENTION SERVICES AND FOSTER CARE PREVENTION

22SERVICES, AS DEFINED IN SECTION 19-1-103 (51.7), TO FAMILIES, KIN

23CAREGIVERS, CHILDREN, JUVENILES, AND YOUTH.

24(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP

25A DETAILED NOTICE OF RIGHTS AND REMEDIES APPLICABLE TO PREVENTION

26SERVICES AND A PLAN FOR DISSEMINATING THE NOTICE OF RIGHTS AND

27REMEDIES TO AFFECTED PARTIES.

1(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

2A CHILD, JUVENILE, OR YOUTH OR A PARENT OR LEGAL GUARDIAN.

3(4) (a) WHEN PREVENTION SERVICES INFORMATION IS EXCHANGED

4BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND SERVICE

5PROVIDERS TO ALLOW FOR THE PROVISION OF PREVENTION SERVICES,SUCH

6INFORMATION IS CONFIDENTIAL AND NOT AVAILABLE TO THE PUBLIC. ALL

7ENTITIES PROVIDING PREVENTION SERVICES SHALL ENSURE THAT ALL

8INFORMATION OBTAINED AND EXCHANGED IS CONFIDENTIAL AS REQUIRED

9PURSUANT TO THIS SECTION, SECTIONS 19-1-103 AND 19-1-307, AND ANY

10OTHER APPLICABLE STATE OR FEDERAL LAW.

11(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

12SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

13SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

14TO THE PUBLIC.

15SECTION 5. In Colorado Revised Statutes, 19-2-906, add (5) as

16follows:

1719-2-906. Sentencing hearing. (5) IF THE SENTENCE IS A

18COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES, THE COURT

19SHALL MAKE A FINDING THAT SUCH COMMITMENT IS NOT THE RESULT OF

20A LACK OF AN AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM

21PLACEMENT.

22SECTION 6. In Colorado Revised Statutes, 19-2-907, amend

23(5)(a) as follows:

2419-2-907. Sentencing schedule - options. (5) (a) Except as

25otherwise provided in section 19-2-601 for an aggravated juvenile

26offender, if the court finds that placement out of the home is necessary

27and is in the best interests of the juvenile and the community, AND IF THE

1PLACEMENT IS A COMMITMENT TO THE DEPARTMENT OF HUMAN SERVICES

2AND SUCH COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT, the court

4shall place the juvenile, following the criteria established pursuant to

5 section 19-2-212, in the facility or setting that most appropriately meets 6 the needs of the juvenile, the juvenile's family, and the community. In 7 making its decision as to proper placement, the court shall utilize the 8 evaluation for placement prepared pursuant to section 19-1-107 or the 9 evaluation for placement required by section 19-1-115 (8)(e). Any

10placement recommendation in the evaluation prepared by the county

11department of human or social services must be accorded great weight as

12the placement that most appropriately meets the needs of the juvenile, the

13juvenile's family, and the community. A recommendation prepared by the

14county department of human or social services must set forth specific

15facts and reasons for the placement recommendation. If the evaluation for

16placement recommends placement in a facility located in Colorado that

17can provide appropriate treatment and that will accept the juvenile, then

18the court shall not place the juvenile in a facility outside this state. If the

19court places the juvenile in a facility located in Colorado other than one

20recommended by the evaluation for placement, in a facility located

21outside this state in accordance with the evaluation for placement, or in

22a facility in which the average monthly cost exceeds the amount

23established by the general assembly in the general appropriation bill, it

24shall make specific findings of fact, including the monthly cost of the

25facility in which such juvenile is placed, relating to its placement

26decision. A copy of such findings must be sent to the chief justice of the

27supreme court, who shall, notwithstanding section 24-1-136 (11)(a)(I),

1report monthly to the joint budget committee and annually to the house

2 and senate committees on health and human services, or any successor 3 committees, on such placements. If the court commits the juvenile to the

4 state department of human services, it shall not make a specific

5placement, nor are the provisions of this subsection (5) relating to specific

6 findings of fact applicable.

7SECTION 7. In Colorado Revised Statutes, 19-2-909, amend

8(1)(a) as follows:

919-2-909. Sentencing - commitment to the department of

10human services. (1) (a) Except as otherwise provided in sections

1119-2-601 and 19-2-921 for an aggravated juvenile offender, the court may

12commit a juvenile to the department of human services for a determinate

13period of up to two years if the juvenile is adjudicated for an offense that

14would constitute a felony or a misdemeanor if committed by an adult;

15except that, if the juvenile is younger than twelve years of age and is not

16adjudicated AS an aggravated juvenile offender, the court may commit the

17juvenile to the department of human services only if the juvenile is

18adjudicated for an offense that would constitute a class 1, class 2, or class

193 felony if committed by an adult. WHEN SENTENCING A JUVENILE TO THE

20DEPARTMENT OF HUMAN SERVICES, THE COURT SHALL MAKE A FINDING

21THAT THE COMMITMENT IS NOT THE RESULT OF A LACK OF AN AVAILABLE

22QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

23SECTION 8. In Colorado Revised Statutes, 19-2-921, amend

24(1.5)(a) introductory portion; and add (1.5)(a)(III) as follows:

2519-2-921. Commitment to department of human services.

26(1.5) (a) When a court commits a juvenile to the state department of

27human services pursuant to the provisions of this article THIS ARTICLE 2,

1the court shall make the following specific determinations:

2(III) WHETHER PLACEMENT OF THE JUVENILE WITH THE

3DEPARTMENT OF HUMAN SERVICES IS THE RESULT OF A LACK OF AN

4AVAILABLE QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT.

5SECTION 9. In Colorado Revised Statutes, 19-3-508, amend

6(5)(b)(I); and add (5)(b)(I.5) as follows:

7 19-3-508. Neglected or dependent child - disposition -

8concurrent planning. (5) (b) (I) If the court finds that placement out of

9 the home is necessary and is in the best interests of the child, and the

10community, the court shall place the child with a relative, including the

11child's grandparent, as provided in paragraph (b) of subsection (1)

12SUBSECTION (1)(b) of this section, if such placement is in the child's best

13interests. The court shall place the child in the facility or setting that most

14appropriately meets the needs of the child AND the family. and the

15community. FOR ALL PLACEMENTS OTHER THAN QUALIFIED RESIDENTIAL

16TREATMENT PROGRAMS, in making its decision as to proper placement,

17the court shall utilize the evaluation for placement prepared pursuant to

18section 19-1-107. If the court deviates from the recommendations of the

19A COUNTY DEPARTMENT'S evaluation for placement in a manner that

20results in a difference in the cost of the disposition ordered by the court

21and the cost of the disposition recommended in the evaluation, the court

22shall make specific findings of fact relating to its decision, including the

23monthly cost of the placement, if ordered. A copy of such findings shall

24MUST be sent to the chief justice of the supreme court, who shall report

25annually to the joint budget committee and annually to the health,

26environment, welfare, and institutions committees, OR ANY SUCCESSOR

27COMMITTEES, of the house of representatives and senate of the general

1assembly on such orders.

2(I.5) IN MAKING A DECISION AS TO PROPER PLACEMENT IN A

3QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL

4CONSIDER THE ASSESSMENT PROVIDED BY THE QUALIFIED INDIVIDUAL, AS

5DESCRIBED IN SECTION 19-1-115 (4)(e), AND SHALL GIVE GREAT WEIGHT

6TO THE RECOMMENDATION IN THE ASSESSMENT WHEN MAKING A

7QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT DECISION. AN

8ASSESSMENT PREPARED BY THE QUALIFIED INDIVIDUAL MUST IDENTIFY

9WHETHER A QUALIFIED RESIDENTIAL TREATMENT PROGRAM IS THE MOST

10EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE

11CHILD OR YOUTH. THE ASSESSMENT MUST ALSO IDENTIFY CHILD- OR

12YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

13YOUTH AND THE FAMILY. IF THE COURT DEVIATES FROM THE QUALIFIED

14INDIVIDUAL'S ASSESSMENT AND RECOMMENDATION, THE COURT SHALL

15MAKE SPECIFIC FINDINGS OF FACT REGARDING THE MOST EFFECTIVE,

16APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE CHILD OR

17YOUTH AND WHETHER THE PLACEMENT IS CONSISTENT WITH CHILD- OR

18YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE CHILD OR

19YOUTH AND THE FAMILY. WHEN MAKING SUCH FINDINGS OF FACT, THE

20COURT SHALL CONSIDER ALL RELEVANT INFORMATION, INCLUDING:

21(A) WHETHER THE PROTOCOL FOR THE QUALIFIED RESIDENTIAL

22TREATMENT PROGRAM ASSESSMENT WAS FOLLOWED;

23(B) THE STRENGTHS AND SPECIFIC TREATMENT OR SERVICES NEEDS

24OF THE CHILD OR YOUTH AND THE FAMILY;

25(C) THE EXPECTED LENGTH OF STAY; AND

26(D) THE PLACEMENT PREFERENCE OF THE CHILD OR YOUTH AND

27THE FAMILY.

1SECTION 10. In Colorado Revised Statutes, 26-5-104, amend

2(7)(a); and add (1)(c), (1)(d), (1)(e), (1)(f), and (g) as follows:

326-5-104. Funding of child welfare services provider contracts

4- funding mechanism review - fund - report - rules - definitions -

5repeal. (1) Reimbursement. (c) ON OR BEFORE JULY 31, 2020, THE

6DELIVERY OF CHILD WELFARE SERVICES TASK FORCE, ESTABLISHED

7PURSUANT TO SECTION 26-5-105.8, SHALL MAKE RECOMMENDATIONS

8CONCERNING THE PROVISIONS OF SECTION 26-5-105.8 (1)(b).

9(d) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, THE

10STATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE PURSUANT

11TO SUBSECTION (1)(c) OF THIS SECTION, SHALL ESTABLISH A NEW

12REIMBURSEMENT RATE FOR OUT-OF-HOME PLACEMENTS THAT DO NOT

13MEET THE CRITERIA OF THE FEDERAL "FAMILY FIRST PREVENTION

14SERVICES ACT" THAT REIMBURSES COUNTY DEPARTMENTS AT A RATE

15THAT IS LOWER THAN THE RATE ESTABLISHED PURSUANT TO SUBSECTION

16 (1)(a) OF THIS SECTION, BUT NO LESS THAN A FIFTY PERCENT

17REIMBURSEMENT TO THE COUNTY DEPARTMENTS ON OR BEFORE

18DECEMBER 30, 2020.

19(e) IF THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE

20DOES NOT MAKE THE RECOMMENDATIONS REQUIRED PURSUANT TO

21SUBSECTION (1)(d) OF THIS SECTION, ON OR BEFORE JANUARY 1, 2021, THE

22STATE SHALL ESTABLISH NEW REIMBURSEMENT RATES THAT MEET THE

23CRITERIA DESCRIBED IN SUBSECTION (1)(d) OF THIS SECTION.

24(f) IN MAKING ITS RECOMMENDATIONS CONCERNING THE

25REIMBURSEMENT RATES PURSUANT TO SUBSECTION (1)(c) OF THIS

26SECTION, THE DELIVERY OF CHILD WELFARE SERVICES TASK FORCE SHALL

27CONSIDER THE IMPACT OF THE INSTITUTE FOR MENTAL DISEASE

1DESIGNATION ON QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR

2RESIDENTIAL CHILD CARE FACILITIES.

3(g) THIS SECTION GOES INTO EFFECT WHEN THE FEDERAL

4GOVERNMENT APPROVES COLORADO'S FIVE-YEAR TITLE IV-EPREVENTION

5PLAN.

6(7) Close-out process for county allocations. (a) (I) There is 7 created in the state treasury the child welfare prevention and intervention 8 services cash fund, referred to in this subsection (7) as the "fund". The

9 following two THREE special accounts are created in the fund:

10(A) The small- and medium-sized counties account, referred to in

11this subsection (7) as the "small- and medium-sized account"; and

12(B) The all-counties account, referred to in this subsection (7) as

13the "all-counties account"; AND

14(C) THE STATEWIDE CAPACITY BUILDING ACCOUNT, REFERRED TO

15IN THIS SUBSECTION (7) AS THE "CAPACITY BUILDING ACCOUNT".

16(II) The state department is authorized to accept gifts, grants, and

17donations, which must be transferred to the fund and credited to the

18all-counties account within the fund.

19(III) In addition to transfers credited to the all-counties account

20within the fund pursuant to subsection (7)(a.6) of this section, the general

21assembly may directly appropriate general fund money to the fund. If the

22general assembly makes a direct appropriation of general fund money to

23the fund, the money must be credited to the all-counties account OR THE

24CAPACITY BUILDING ACCOUNT within the fund. The state department, in

25consultation with the counties, shall determine the allocation of any

26money credited to the all-counties account within the fund, which money

27may be allocated to all counties, regardless of size.

1(IV) The state department, in consultation with counties, shall

2 allocate all money from the fund to increase local child welfare

3prevention and intervention services capacity, which allocations must be

4 used by a county for the delivery of child welfare prevention and 5 intervention services that have been approved by the state department.

6(V) The state department shall work collaboratively with the state 7 board of human services to promulgate rules concerning the allocation 8 and use of money from the fund.

9(VI) IN ADDITION TO ANY GENERAL FUND MONEY APPROPRIATED

10BY THE GENERAL ASSEMBLY, ALL FEDERAL REVENUE RECEIVED PURSUANT

11TO THE FEDERAL "FAMILY FIRST TRANSITION ACT" MUST BE DEPOSITED

12IN THE CAPACITY BUILDING ACCOUNT.

14ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

15ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

16A MINIMUM, THE FOLLOWING PURPOSES:

17(A) CAPACITY MAPPING OF EXISTING CHILD WELFARE SERVICES,

18INCLUDING PLACEMENT AVAILABILITY,MENTAL AND BEHAVIORAL HEALTH

19SERVICES,PREVENTION SERVICES THAT MEET THE FEDERAL "FAMILY FIRST

20PREVENTION SERVICES ACT", AND OTHER PREVENTION SERVICES;

21(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

22EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(d) AND

23(1)(e) OF THIS SECTION TO BECOME A PROVIDER WHO IS ELIGIBLE FOR

24HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

25SECTION OR THAT MEETS A DEMONSTRATED NEED FOR SERVICES IN THE

26STATE; AND

27(C) ADDITIONAL SUPPORT FOR FOSTER PARENT RECRUITMENT AND

1 RETENTION, INCLUDING SUPPORT FOR HARD-TO-SERVE CHILDREN,

2JUVENILES, AND YOUTH.

4ALLOCATION OF ANY MONEY CREDITED TO THE CAPACITY BUILDING

5ACCOUNT WITHIN THE FUND, WHICH MUST BE USED BY THE STATE FOR, AT

6A MINIMUM, THE FOLLOWING PURPOSES:

7(A) CAPACITY MAPPING OF CHILD WELFARE SERVICES, INCLUDING

8PLACEMENT AVAILABILITY, MENTAL AND BEHAVIORAL HEALTH SERVICES,

9 AND OTHER PREVENTION SERVICES; AND

10(B) SUPPORTING TRANSITION PROVIDERS WHO ARE INELIGIBLE FOR

11EIGHTY PERCENT REIMBURSEMENT PURSUANT TO SUBSECTIONS (1)(c) AND

12(1)(d) OF THIS SECTION TO OBTAIN A LICENSURE TYPE THAT IS ELIGIBLE

13FOR HIGHER REIMBURSEMENT PURSUANT TO SUBSECTION (1)(a) OF THIS

14SECTION.

15SECTION 11. In Colorado Revised Statutes, add 26-5.4-106 as

16follows:

1726-5.4-106. Foster care prevention services - provision of

18services - rights and remedies - exchange of information. (1) A

19COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES MAY PROVIDE BOTH

20CHILD WELFARE AND FOSTER CARE PREVENTION SERVICES, AS DEFINED IN

21SECTION 26-5.4-102, TO A FAMILY AND ITS CHILDREN.

22(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP,

23WITH THE ASSISTANCE OF THE ATTORNEY GENERAL, A DETAILED NOTICE

24OF RIGHTS AND REMEDIES FOR FAMILIES WHEN FOSTER CARE PREVENTION

25SERVICES ARE PROVIDED.

26(3) NOTHING IN THIS SECTION AFFECTS ANY EXISTING RIGHTS OF

27A CHILD OR YOUTH, INCLUDING THOSE ELIGIBLE FOR FOSTER CARE

1PREVENTION SERVICES, OR ANY EXISTING RIGHTS OF A PARENT WHO IS

2ELIGIBLE FOR FOSTER CARE PREVENTION SERVICES.

3(4) (a) AN ENTITY PROVIDING FOSTER CARE PREVENTION SERVICES

4SHALL ENSURE THAT ALL INFORMATION OBTAINED AND EXCHANGED IS

5CONFIDENTIAL AS REQUIRED PURSUANT TO FEDERAL AND STATE LAWS

6REGARDING CONFIDENTIALITY.

7(b) REFERRAL INFORMATION EXCHANGED FOR PROVISION OF

8SERVICES BETWEEN STATE AGENCIES, COUNTY DEPARTMENTS, AND

9SERVICE PROVIDERS IS CONSIDERED CONFIDENTIAL AND IS NOT AVAILABLE

10TO THE PUBLIC.

11SECTION 12. In Colorado Revised Statutes, 26-6-102, amend

12(19), (33), and (36)(a); and add (30.3) as follows:

1326-6-102. Definitions. As used in this article 6, unless the context

14otherwise requires:

15(19) "Kin" for purposes of a "kinship foster care home", may be

16a relative of the child, a person ascribed by the family as having a

17family-like relationship with the child, or a person that has a prior

18significant relationship with the child. These relationships take into

19account cultural values and continuity of significant relationships with the

20child.

21(30.3) "QUALIFIED INDIVIDUAL"MEANS A TRAINED PROFESSIONAL

22OR LICENSED CLINICIAN, AS DEFINED IN THE FEDERAL "FAMILY FIRST

23PREVENTION SERVICES ACT". "QUALIFIED INDIVIDUAL" APPLIES ONLY TO

24A PHYSICIAN LICENSED PURSUANT TO ARTICLE 240 OF TITLE 12; A

25PSYCHOLOGIST LICENSED PURSUANT TO SECTION 12-255-111; OR A

26CLINICAL SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST,

27PROFESSIONAL COUNSELOR, OR ADDICTION COUNSELOR LICENSED

1PURSUANT TO PART 4, 5, 6, OR 8 OF ARTICLE 245 OF TITLE 12. "QUALIFIED

2INDIVIDUAL" MUST NOT BE CONNECTED TO OR AFFILIATED WITH THE CHILD

3WELFARE DIVISION OF THE COUNTY DEPARTMENT OF HUMAN OR SOCIAL

4SERVICES, ANY PARTY OR SPECIAL RESPONDENT TO THE JUVENILE COURT

5PROCEEDING,OR ANY PLACEMENT SETTING IN WHICH CHILDREN OR YOUTH

6ARE PLACED BY THE STATE.

7(33) "Residential child care facility" means a facility licensed by 8 the state department pursuant to this part 1 to provide twenty-four-hour 9 group care and treatment for five or more children operated under private,

10public, or nonprofit sponsorship. "Residential child care facility" includes

11community-based residential child care facilities, qualified residential

12treatment programs, as defined in section 26-5.4-102 (2), shelter facilities,

13and therapeutic residential child care facilities as defined in rule by the

14state board, and psychiatric residential treatment facilities as defined in

15section 25.5-4-103 (19.5). A residential child care facility may be eligible

16for designation by the executive director of the state department pursuant

17to article 65 of title 27. A CHILD WHO IS ADMITTED TO A RESIDENTIAL

18CHILD CARE FACILITY MUST BE:

19(a) FIVE YEARS OF AGE OR OLDER BUT LESS THAN EIGHTEEN YEARS

20OF AGE;

21(b) LESS THAN TWENTY-ONE YEARS OF AGE AND PLACED BY COURT

22ORDER PRIOR TO THEIR EIGHTEENTH BIRTHDAY; OR

23(c) ACCOMPANIED BY A PARENT IF LESS THAN FIVE YEARS OF AGE.

24(36) (a) "Specialized group facility" means a facility sponsored

25and supervised by a county department or a licensed child placement

26agency for the purpose of providing twenty-four-hour care for three or

27more children, but fewer than twelve children, whose special needs can

1best be met through the medium of a small group. and who are: A CHILD

2WHO IS ADMITTED TO A RESIDENTIAL CHILD CARE FACILITY MUST BE:

3(I) At least three SEVEN years of age or older but less than 4 eighteen years of age; or

5(II) Less than twenty-one years of age and who are placed by 6 court order prior to their eighteenth birthday. OR VOLUNTARY PLACEMENT;

7OR

8(III) ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN IF LESS

9THAN SEVEN YEARS OF AGE.

10SECTION 13. In Colorado Revised Statutes, 26-6-104, add

11(1)(c)(III) as follows:

1226-6-104. Licenses - out-of-state notices and consent -

13demonstration pilot program - definition - rules. (1) (c) (III) ON AND

14AFTER JULY 1, 2021, ALL RESIDENTIAL CHILD CARE FACILITIES MUST BE

15LICENSED ANNUALLY. THE STATE BOARD SHALL PROMULGATE RULES

16SPECIFYING THE PROCEDURAL REQUIREMENTS ASSOCIATED WITH THE

17LICENSE RENEWAL FOR RESIDENTIAL CHILD CARE FACILITIES. THE RULES

18MUST INCLUDE A REQUIREMENT THAT THE STATE DEPARTMENT CONDUCT

19ASSESSMENTS OF THE RESIDENTIAL CHILD CARE FACILITY.

20SECTION 14. Safety clause. The general assembly hereby finds,

21determines, and declares that this act is necessary for the immediate

22preservation of the public peace, health, or safety.