FIRST Conference Committee on HB05-1141 (04/07/2005)

STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON HB05-1141

Date:	04/07/2005	ATTENDANCE

Time:	08:33 AM to 09:12 AM	Carroll M.	*
		Shaffer	*
Place:	HCR 0109	McGihon	X
		Owen	X
This Meeting was called to order by		Tochtrop	X
Representative Harvey		Harvey	X
This Report was prepared by
Jennifer Moe

08:33 AM

Representative Harvey, prime House sponsor, called the conference committee to order. Attendance was taken and a quorum was present. Representative Harvey stated his desire for the conference committee to hear from witnesses and have a policy discussion on the bill.

The following people testified on the bill:

08:35 AM -- Judge Karen Ashby, Denver Juvenile Court, representing herself, stated her concerns with the reengrossed bill. She said that, under current law, the court is able to terminate parental rights if a mother tests positive for controlled substances, or to address a mother's substance abuse problem with a treatment plan. She explained the current court procedures related to this issue, and noted potential problems the reengrossed bill might create. Representative McGihon asked for clarification, and Judge Ashby agreed that with the new language added to the definitions of "abuse" and "dependency and neglect" in Sections 19-1-103 and 19-3-102, the language added under Section 19-3-604 (1) (b) (VIII) is unnecessary. Senator Tochtrop asked about the impact of termination of parental rights on children and the state's foster care system. Judge Ashby responded that sometimes there are positive effects on children who are removed from the home of a substance abusers and sometimes there are negative effects on these children.

08:45 AM -- Dr. Pam Gillen, representing the University of Colorado Health Sciences Center, Fetal Alcohol Syndrome Prevention Program, cited data indicating that when pregnant women with substance abuse problems lose their parental rights, there is an increase in subsequent pregnancies and children who are born with fetal alcohol syndrome. Representative McGihon commented and asked about the impact of the reengrossed bill on adoption, particularly the language in Section 19-3-604 (1) (b) (VIII). Dr. Gillen indicated that mothers who are substance abusers go underground or discontinue prenatal care when they are penalized for their addiction by losing their parental rights.

08:51 AM -- Ms. Theresa Spahn, representing the Office of the Child's Representative, pointed to the high success rate of a drug court in Colorado Springs for mothers designated as the least likely to succeed in treatment, stating that the program allows the mother to get treatment and keeps the children in the home. She noted that among participants there have been no failures after the cases are closed. Ms. Spahn also commented, among other things, on the need to not give up on mothers with substance addictions, and suggested why some mothers may fail to complete a treatment plan.

08:55 AM -- Judge Brian Boatright, First Judicial District, representing the Lieutenant Governor's Commission on Adoption, affirmed Judge Ashby's concerns but made a distinction about his position on the bill: when pregnant women are using controlled substances in their third trimester, it is a serious enough offense to warrant termination of parental rights, particularly after repeated failures with treatment plans. He stated that until these women are faced with the prospect of termination of parental rights, they do not seek a treatment plan, and indicated that the commission's purpose through the bill is to get the women into treatment earlier, since lack of a treatment plan would qualify them for termination. Representative McGihon requested clarification, and Judge Boatright said that the definitions in Sections 19-1-103 and 19-3-102 bring pregnant women who are substance abusers into the court system, while the proposed language in Section 19-3-604 (1) (b) (VIII) creates additional criteria for determining whether or not they are a fit parent. He indicated that courts do not need the latter language in order to terminate parental rights. Discussion ensued regarding this issue. Representative Harvey later asked how the court handles women who refuse to take a drug test in a hospital.

09:10 AM -- Ms. Tanya Marrs, Labor and Delivery Nurse, representing Rose Medical Center, described the drug test consent process and her concerns with the reengrossed bill.

09:11 AM

Representative Harvey closed public testimony.


BILL:	HB05-1141
TIME:	09:11:50 AM
MOVED:	McGihon
MOTION:	Adopt the rerevised bill (Attachment A). The motion carried on a vote of 5-1.
SECONDED:
		VOTE
	Carroll M.	Yes
	Shaffer	Yes
	McGihon	Yes
	Owen	Yes
	Tochtrop	Yes
	Harvey	No
Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:12 AM

The conference committee adjourned.