NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 09-030
      
      
      BY SENATOR(S) Keller, Boyd, Foster, Gibbs, Hodge, Hudak, Morse,
      Newell, Shaffer B., Tochtrop, Williams;
      also REPRESENTATIVE(S) Schafer S., Apuan, Casso, Court, Fischer,
      Frangas, Gerou, Green, Hullinghorst, Kefalas, Labuda, McGihon,
      Merrifield, Nikkel, Primavera, Priola, Ryden, Solano, Todd, Vigil.
      
      
      Concerning the "Child Mental Health Treatment Act".
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  27-10.3-103 (1), Colorado Revised Statutes, is
      amended, and the said 27-10.3-103 is further amended BY THE
      ADDITION OF A NEW SUBSECTION, to read:
      
           27-10.3-103.  Definitions.  As used in this article, unless the context
      otherwise requires:
      
           (1)  "Child at risk of out-of-home placement" means a child who,
      although not otherwise categorically eligible for medicaid, meets the
      following criteria:
      
           (a)  Has been diagnosed as having a mental illness, as defined in
      section 27-10-102 (8.5);
      
           (b)  Requires a level of care that is provided in a residential child
      care facility pursuant to section 25.5-5-306, C.R.S., or that is provided
      through in-home or community-based programs and who, without such
      care, is at risk of out-of-home placement;
      
           (c)  If determined to be in need of placement in a residential child
      care facility, is determined to be eligible for supplemental security income;
      and
      
           (d)  For whom it is inappropriate or unwarranted to file an action in
      dependency or neglect pursuant to article 3 of title 19, C.R.S. "Behavioral
      health organization" shall have the same meaning as provided in
      section 25.5-5-403 (1), C.R.S.
      
           (1.5)  "Child at risk of out-of-home placement" means a child
      who, although not otherwise categorically eligible for medicaid,
      meets the following criteria:
      
           (a)  Has been diagnosed as having a mental illness, as defined
      in section 27-10-102 (8.5);
      
           (b)  Requires a level of care that is provided in a residential
      child care facility pursuant to section 25.5-5-306, C.R.S., or that
      is provided through in-home or community-based programs and
      who, without such care, is at risk of out-of-home placement;
      
           (c)  If determined to be in need of placement in a residential
      child care facility, is determined to be eligible for supplemental
      security income; and
      
           (d)  For whom it is inappropriate or unwarranted to file an
      action in dependency or neglect pursuant to article 3 of title 19,
      C.R.S.
      
           SECTION 2.  The introductory portion to 27-10.3-105 (1), Colorado
      Revised Statutes, is amended, and the said 27-10.3-105 is further amended
      BY THE ADDITION OF A NEW SUBSECTION, to read:
      
           27-10.3-105.  Monitoring - report.  (1)  On or before September 1,
      2004 2009, and by September 1 of each year thereafter, each community
      mental health agency center shall report to the state department the
      following information, and each behavioral health organization, for
      those children eligible to receive medicaid benefits whose parent
      or legal guardian requests residential treatment, shall report to
      the department of health care policy and financing the following
      information:
      
           (3)  On or before October 1, 2009, and on or before October
      1 of each year thereafter, the department of health care policy
      and financing shall provide to the state department the
      information received from behavioral health organizations
      pursuant to subsection (1) of this section.
      
           SECTION 3.  27-10.3-106 (1), Colorado Revised Statutes, is
      amended to read:
      
           27-10.3-106.  Funding - rules.  (1)  In order to make mental health
      treatment available, it is the intent of the general assembly that mental
      health treatment provided pursuant to this article to each child described in
      section 27-10.3-103 (1) (1.5) be provided by mental health agencies.
      
           SECTION 4.  27-10.3-108, Colorado Revised Statutes, is amended
      to read:
      
           27-10.3-108.  Repeal of article.  This article is repealed, effective
      July 1, 2009 2019.
      
           SECTION 5.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO