Date: 03/19/2015

Final
BILL SUMMARY for SB15-204

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Votes: View--> Action Taken:
Refer Senate Bill 15-204 to the Committee on ApproPASS



01:52 PM -- SB 15-204

Senator Newell and Senator Lundberg presented Senate Bill 15-204, concerning the independent functioning of the Office of the Child Protection Ombudsman (OCPO). Under current law, the OCPO operates via a contract with the Department of Human Services (DHS) and is located within a nonprofit organization. This bill creates the OCPO as an agency of the General Assembly and forms the Nonpartisan Child Protection Ombudsman Board (the board) to oversee its operations. The board has at least 13 members appointed by the Chief Justice of the Colorado Supreme Court, the Governor, and the leadership of the General Assembly according to specific criteria. Board members serve four-year terms and are not compensated, except that they may be reimbursed for actual and reasonable expenses. The bill specifies the duties of the board, including hiring and discharging the ombudsman, providing fiscal oversight of the office, and assisting the OCPO to enter into a memorandum of understanding with the DHS and county departments of human services. The board must meet at least twice per year and members are reimbursed for expenses out of the operational budget of the OCPO.

Senator Lundberg addressed concerns about locating the OCPO in the legislative branch. Committee discussion followed.


02:02 PM -- Julie Krow, DHS, spoke in opposition to the bill. She provided a historical perspective of how the ombudsman office was establish by the legislature with the consensuses of all stakeholders. She told the committee that DHS believes that the current structure of the OCPO works, and she provided examples about how the office interacts with DHS. Ms. Krow responded to committee questions about the current relationship between DHS and OCPO, how the structure would change if OCPO was moved out of DHS, and whether the move would limit OCPO's access to DHS. Committee discussion ensued regarding these concerns.


02:16 PM

Ms. Krow continued to respond to committee concerns. Committee discussion followed about transparency and accountable in the child welfare system.


02:22 PM -- Pat Ratliff, Colorado Counties, Inc. (CCI), stated that CCI does not have an official opinion on the bill. She expressed concern about moving the OCPO to the legislative branch, and she discussed her concern about the challenges the OCPO may encounter being part of the legislative branch.


02:33 PM -- Marilee McWilliams, Arapahoe County Attorney's Office, spoke in opposition to the bill. She expressed her point of view that the OCPO should be able to evaluate the child welfare system in its entirety. Ms. McWilliams responded to committee questions.


02:40 PM -- Stephanie Villafuerte, Rocky Mountain Children's Law Center, spoke in support of the bill. She spoke about public access to the OCPO and the conflict of interest she believes exists as a result of OCPO being under DHS.


02:48 PM -- Linda Weinerman, Office of the Child's Representative, spoke in support of the bill and expressed concern that the OCPO cannot truly be independent as long as it is under DHS. She discussed the number of child welfare cases that are handled within the DHS child welfare system that do not involve the courts. She also discussed the public perception that the OCPO is not going to review concerns about child welfare cases fairly since it is part of DHS.


02:55 PM -- Peg Rudden, CASA Advocates for Children, spoke in support of the bill. She spoke about the difficulty children in the child welfare system experience when they have concerns about the system and how their case is being handled.


02:58 PM -- Tori Black, representing herself, spoke in support of the bill. She told the committee that although the OCPO works for the children in the child welfare system, these children do not have access to the OCPO. She explained that foster children are often suspect of DHS and may not be comfortable going to DHS about complaints and concerns. She stated that often a child's complaint stops at the case worker level and is never fully addressed. She also stated that more information about the role of the OCPO needs to be available to families who are in the child welfare system.


03:05 PM -- Kendall Marlowe, National Association of Counsel For Children, spoke in support of the bill and about his experience as an attorney who represents abused and neglected children. He discussed his concern that the OCPO should be addressing systemic changes within the child welfare system.


03:11 PM -- Carla Bennett, Colorado League of Women Voters and Colorado Coalition of Adoptive Families, spoke in support of the bill.


03:16 PM -- Mary Lewis, Aurora Public Schools Board of Education, spoke in support of the bill. She told the committee about her involvement in the creation of the legislation that established the OCPO.


03:18 PM -- Dennis Goodwin, OCPO, responded to committee questions and told the committee that the bill represents stability and sustainability for the OCPO. He stated that the partnerships that the office has developed will be maintained regardless where the OCPO is located.


03:20 PM -- Sabrina Byrnes, OCPO, responded to committee questions and discussed the number of calls and the nature of the calls that the OCPO receives.


03:23 PM -- Aubrey Shomo, representing herself, spoke in support of the bill and about state regulations governing the child welfare system.


03:29 PM

Senator Lundberg and Senator Newell made closing comments on the bill. Committee members commented on the bill.

BILL:SB15-204
TIME: 03:32:19 PM
MOVED:Newell
MOTION:Refer Senate Bill 15-204 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Martinez Humenik
Yes
Newell
Yes
Crowder
Yes
Lundberg
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:33 PM

The committee adjourned.