House Committee on Health and Human Services (03/22/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/22/2010	ATTENDANCE

Time:	01:30 PM to 02:46 PM	Acree	X
		Apuan	X
Place:	LSB A	Gerou	X
		Kefalas	X
This Meeting was called to order by		Kerr J.	X
	Representative Riesberg	Primavera	X
		Roberts	X
This Report was prepared by		Swalm	X
	Kelly Stapleton	Tyler	X
		Gagliardi	X
		Riesberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Briefing from the DHS SB10-152		- Amended, Referred to the Committee of the Whole

01:31 PM -- Briefing from the Department of Human Services Concerning the Finalization of the 2008 Child Fatality Review Reports

Executive Director Karen Beye of the Department of Human Services introduced herself to the committee. Executive Director Beye provided a packet of information regarding the finalization of the 2008 Child Fatality Review Reports (Attachment A). Ms. Beye explained that the department finished the 2008 child fatality review reports, but the final reports were not physically sent to the corresponding counties. She explained that in 2008, there were 11 fatality review reports which were reviewed by the Division of Child Welfare. Of those, all eleven reviews were completed. She stated that one review was sent upon completion to the county and the other ten were completed, but not mailed to the county departments upon completion. Ms. Beye apologized to the committee for not having the reports physically sent to the corresponding county. She stated that of the fatality reviews completed, six established policy findings to be addressed, and the other five did not identify any policy findings. She indicated to the committee that the six policy reviews identified that the county departments had implemented actions to address the policy findings reported. Some of the changes included training for all county child protection supervisors, creation of an instruction manual, and training of all staff to obtain greater consistency in the referral screening process. She stated that children were not more vulnerable because the final reports were not submitted and again offered her sincere apology for the lapse in policy procedure.

01:40 PM

Ms. Beye spoke to some of the recommendations of the Child Welfare Action Committee that was established in 2008 by executive order from the Governor. She spoke to several pieces of legislation recommended by the committee that are making their way through the General Assembly. She stated that the package of bills will improve and add to the high functioning of the child welfare system. In response to Representative Gagliardi's question, Ms. Beye stated that there were 15 child fatality review reports completed in 2009. The committee discussed the procedure regarding fatality review reports.

02:07 PM -- Senate Bill 10-152

Representative Gagliardi presented Senate Bill 10-152 which requires that county departments of human services provide follow-up information to mandatory reporters who report a case of child abuse or neglect. Representative Gagliardi spoke to the specifics of the information the bill requires to be provided to mandatory reporters. A handout in support of the bill was provided to the committee (Attachment B).

02:10 PM -- Dan Makelky, Division of Child Welfare, Colorado Department of Human Services, spoke in support of the bill. He stated that the bill ensures consistency regarding the information that is shared with the department. He stated that the bill sets a standard of what information is shared.

02:17 PM -- Dr. Kathryn Wells, American Academy of Pediatrics, introduced herself and stated that she is a pediatric physician that specializes in child abuse. She spoke in support of the bill. Dr. Wells stated that she sat on the Child Welfare Action Committee. She stated it is important for mandatory reporters to receive information from the department.

02:20 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in support of the bill. He stated that mandatory reporters are typically directly involved with the children they report on and its important to have a collaborative process for all involved.

02:22 PM -- Pat Ratliff, Colorado Counties Inc., spoke in support of the bill. Ms. Ratliff spoke in support of amendment L.003 (Attachment C). She stated that the amendment removes clergy and victims' advocates from the bill as mandatory reporters that may receive follow-up information concerning a case of child abuse. She stated that the bill leaves the traditional eleven mandatory reporters in the bill. She explained that victim's advocates typically do not have on-going professional relationships with the children they come in contact with which is one of the criteria of a mandatory reporter under state law. She stated that mandatory reporters have a legal obligation to report instances of abuse and that clergy and victims' advocates are not bound by this legal obligation.

02:37 PM -- Erin Jemison, Colorado Coalition Against Sexual Assault, spoke in opposition to amendment L.003. She stated that victims' advocates are considered mandatory reporters under state law. She stated that many times they do have an on-going professional relationship with the victims of abuse.

02:40 PM -- Amendment L.003 was not offered, instead amendment L.002 was offered. The amendment does not remove either clergy or victims' advocates as mandatory reporters that may receive follow-up information.


BILL:	SB10-152
TIME:	02:42:50 PM
MOVED:	Gagliardi
MOTION:	Moved to adopt prepared amendment L.002 (Attachment D). The motion was passed without objection.
SECONDED:	Kerr J.
		VOTE
	Acree
	Apuan
	Gerou
	Kefalas
	Kerr J.
	Primavera
	Roberts
	Swalm
	Tyler
	Gagliardi
	Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-152
TIME:	02:44:11 PM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 10-152, as amended, to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:	Apuan
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Primavera	Yes
	Roberts	Yes
	Swalm	Yes
	Tyler	Excused
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:45 PM

The committee adjourned.