House Committee on Health and Human Services (04/15/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	04/15/2010	ATTENDANCE

Time:	01:32 PM to 05:57 PM	Acree	X
		Apuan	*
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:
SB10-153 SB10-171 SB10-169		Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Appropriations

01:32 PM -- Senate Bill 10-153

Representative Frangas presented Senate Bill 10-153 which creates the Behavioral Health Transformation Council, which is an advisory council to the governor and his cabinet. The bill requires the governor to designate one department to act as the lead agency to facilitate the council's work. The lead department will determine membership, tenure, and operation of the council. The bill stipulates the make-up of the council and the duties of the council. A fact sheet on the bill was distributed to the committee (Attachment A). Representative Frangas stated that the bill codifies a policy direction concerning the coordination of behavioral health services in Colorado. He stated that the bill aims at coordinating continuous and comprehensive services for individuals who suffer from behavioral health issues. Committee members discussed the intention of the bill.

01:45 PM -- Joscelyn Gay, Deputy Executive Director, Office of Behavioral Health, Colorado Department of Human Services, spoke in support of the bill. She stated that several stakeholders have participated in discussions in creating the bill. Ms. Gay discussed the behavioral health system in Colorado. She outlined the core membership of the Behavioral Health Transformation Council and its intended goals. Ms. Gay further discussed the bill. Committee members discussed the necessity of putting the council into statute. Discussion ensured regarding the recommendations from the Behavioral Health Care Task Force.

02:27 PM -- Thomas H. Dillingham, Executive Director, Colorado Federation of Families for Children's Mental Illness, spoke in support of the bill. He spoke to the difficulties individuals face in trying to figure out how the behavioral health system works. He spoke to the need for the various stakeholders to come together and figure out the best delivery system.

02:34 PM -- Rich Gebhardt, Legislative Council, Signal Behavioral Health, spoke in support of the bill.
02:47 PM

Representative Frangas provided concluding remarks on the bill.


BILL:	SB10-153
TIME:	02:54:53 PM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 10-153 to the Committee of the Whole. The motion passed on a 8-3 roll call vote.
SECONDED:	Primavera
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	No
	Kefalas	Yes
	Kerr J.	Yes
	Primavera	Yes
	Roberts	No
	Swalm	No
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:57 PM -- Senate Bill 10-171

Representative Gagliardi presented Senate Bill 10-171 which requires the Department of Human Services (DHS) to establish and administer a Child Protection Ombudsman Program by contract with a public agency or private nonprofit organization. The program is required to receive and review complaints, investigate and resolve cases when appropriate, evaluate and make recommendations for the creation of a statewide grievance policy, make recommendations to improve the child welfare system, promote best practice, and provide a report to the Governor and the General Assembly concerning its activities. Representative Gagliardi provided a definition of ombudsman to the committee. She stated that the bill is not about counties or the state, but it's about the children. A fact sheet on the bill was provided to the committee (Attachment B).

03:02 PM -- Debbie Stafford, former member of the General Assembly and member of the Child Action Welfare Action Committee, spoke in support of the bill. Ms. Stafford provided her written testimony to the committee (Attachment C). She provided a personal story of an individual going through the child welfare system. She suggested that oversight of the newly created ombudsman program could be placed under the authority of the Attorney General's office or the Department of Public Safety. She stated that she does not support the program being under the authority of the DHS. She spoke to the tensions between county departments of human services and the DHS. The written testimony of Ken and Lois Helvie was provided to the committee (Attachment D).

03:13 PM -- Adoree Blair, children's advocate, spoke in support of the bill. She spoke to how the child welfare system is currently administered. She stated that she supports the state administering the child welfare system. Representative Roberts asked why there was need for both the Office of the Children's Representative (OCR) and an ombudsman program. Ms. Blair responded that even with the OCR, there are still problems in the system and that children fall through the cracks. Ms. Blair stated that despite the OCR, or other systems in place, an ombudsman program is still necessary. She spoke to the barriers in the current system and stated that the ombudsman has the advantage of reviewing the entire system.

03:29 PM -- Kelly Paulsen, parent of foster children, introduced herself and stated that she has cared for 13 children in her home in Eagle County. She relayed a personal story about one of the children that she cared for. She highlighted her frustration about not having one designated entity or person to discuss issues with the child welfare system. Discussion ensued regarding how to address the problems with the child welfare system.

03:49 PM -- Cindy Sovine-Miller, Foster Care Adoption Agencies of Colorado, spoke in support of the bill. She stated that there is lack of oversight in the system. She stated there are a number of issues that continue to fall between the cracks and that an ombudsman program would address those concerns.

03:54 PM -- Pat Ratliff, Colorado Counties Inc., testified in support of the bill. She stated that the guardian ad litem (GAL) is the safety net for child involved in the child welfare system. She spoke to the various stakeholders who determine the placement of children at risk. She stated that a judge has the ultimate decision on where a child is placed. She stated that child placement agencies are certified by the state, not the counties. She spoke to the goal of reunification between a child and his or her biological parents only in situations where it is safe. She commented that there is a healthy tension between GALs and the county departments of human services. Ms. Ratliff spoke to the recent implementation of the child welfare training academy, stating it has improved the system. Ms. Ratliff responded to Representative Gerou's comment about the effectiveness in reducing child fatalities by stating that other states that have implemented an ombudsman program have not reduced child fatalities but they have improved communication and feedback which has improved the overall system. She indicated that the ombudsman will be a resource to the counties. She stated that the individuals who do not know where to file a complaint against the department may use the ombudsman.

04:18 PM -- Lloyd Malone, Director, Division of Child Welfare, Colorado Department of Human Services, testified in support of the bill. He referred to a chart concerning the creation of the child protection ombudsman program (Attachment E). Representative Roberts expressed her concern that the ombudsman program has not been shown to decrease child fatalities. He responded that an independent office will provide hope to foster care parents who are frustrated with the department.

04:33 PM -- Shari Shink, Rocky Mountain Children's Law Center, spoke in support of the bill. Ms. Shink described some of the child fatalities in Colorado. She suggested that if there had been an ombudsman, individuals who suspected abuse could have called the ombudsman to investigate some of these instances. She spoke to the process in which the ombudsman program may be funded. She concurred with Pat Ratliff's testimony that the ombudsman will be a valuable resource to the counties. She described ombudsman programs in other states. Ms. Shink stated that the child welfare system has been underfunded for some time.

04:47 PM

The committee took a brief recess.

04:55 PM

The committee reconvened. John Faught, President of the Board, Kempe Children's Foundation, spoke in support of the bill. He spoke to the Child Welfare Action Committee (CWAC) and their activities. He stated that the CWAC looked at other states and reviewed their best practices. He stressed that the ombudsman program would serve as an additional safety net for children.

05:03 PM -- Frank Bennett, Colorado Coalition of Adoptive Families, testified in support of the bill. He stated that the advantage of the ombudsman program would be its broad oversight capabilities. He stated the current system is lacking such broad review.

05:06 PM -- Gerianne Muniz, representing herself, spoke in support of the bill. She relayed a personal story regarding her experience with her grandson who is in the child welfare system. Juan Martinez, son of Gerianne Muniz, commented on his mother's story regarding her grandson.

05:23 PM -- Carla Bennett, League of Women Voters, spoke in support of the bill.

05:25 PM -- Linda Weinerman, Executive Director, Office of the Child's Representative (OCR), introduced herself and described the OCR. She stated that the OCR has been charged with being an independent advocate for children involved in the child welfare system. She stated that there are questions about where an individual or family may go to file a complaint against county departments of human services. She stated that the OCR is in support of the bill. In responding to Representative Primavera's question regarding whether the OCR could provide oversight of the contract, Ms. Weinerman stated that it would be inappropriate for the OCR to manage the contract in her opinion.

05:31 PM

Representative Gagliardi provided concluding remarks to the bill. She spoke to amendment L.006 (Attachment F).


BILL:	SB10-171
TIME:	05:36:00 PM
MOVED:	Gagliardi
MOTION:	Moved to adopt prepared amendment L.006 (Attachment F). Brita Darling, Office of Legislative Legal Services, explained the amendment to the committee. The motion passed without objection.
SECONDED:	Kefalas
		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

05:39 PM

Janis Baron, Colorado Legislative Council staff, spoke to the bill's fiscal note dated April 15, 2010.


BILL:	SB10-171
TIME:	05:43:35 PM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 10-171 to the Committee on Appropriations. The motion passed on a 11-0 roll call vote.
SECONDED:	Kefalas
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Primavera	Yes
	Roberts	Yes
	Swalm	Yes
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:50 PM -- Senate Bill 10-169

Representative Riesberg presented Senate Bill 10-169 which allows funds in the Hospital Provider Fee Cash Fund to offset General Fund appropriations to the Medicaid program in FY 2009-10 and FY 2010-11. Representative Riesberg provided an explanation of the bill.


BILL:	SB10-169
TIME:	05:54:52 PM
MOVED:	Riesberg
MOTION:	Move to refer Senate Bill 10-169 to the Committee on Appropriations. The motion passed on a 7-4 roll call vote.
SECONDED:	Apuan
		VOTE
	Acree	Yes
	Apuan	Yes
	Gerou	No
	Kefalas	Yes
	Kerr J.	No
	Primavera	Yes
	Roberts	No
	Swalm	No
	Tyler	Yes
	Gagliardi	Yes
	Riesberg	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:56 PM

The committee adjourned.