HOUSE 3rd Reading Unamended March 25, 2015 HOUSE Amended 2nd Reading March 24, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0100.01 Debbie Haskins x2045 HOUSE BILL 15-1097 HOUSE SPONSORSHIP McCann, Ginal, Lontine, Ryden SENATE SPONSORSHIP Newell, House Committees Senate Committees Public Health Care & Human Services Appropriations A BILL FOR AN ACT Concerning fetal alcohol spectrum disorders, and, in connection therewith, recreating the fetal alcohol spectrum disorders commission as a commission under the department of human services, continuing the commission, authorizing the preliminary screening of juveniles in the juvenile justice system for possible exposure to fetal alcohol, and making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill extends the automatic repeal date for the fetal alcohol spectrum disorders (FASD) commission until June 30, 2020. The FASD commission was originally created in the executive branch as a temporary commission. The bill dissolves the temporary commission and recreates the commission as a type 2 agency in the department of human services (department) and allocates it to the unit that administers behavioral health programs and services. The executive director of the department may appoint members to the FASD commission who have previously served on the FASD commission. The FASD commission is directed to expand the distribution and promotion of health warning signs and other materials about the harms caused to fetuses from pregnant women drinking alcohol. As recommended by the FASD commission in its 2013 and 2014 annual reports, the bill amends the "Colorado Children's Code" to add to the presentence investigation of a juvenile in the juvenile justice system some preliminary screening about whether the mother of the juvenile drank during the pregnancy and whether the juvenile should be evaluated for fetal alcohol spectrum disorders. As recommended by the FASD commission in its 2014 annual report, the bill amends the "Colorado Children's Code" to add to the screening and assessments of a child in the dependency and neglect system consideration of whether the child was prenatally exposed to alcohol. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 27-80-116 (1) (d) and (4) as follows: 27-80-116. Fetal alcohol spectrum disorders - legislative declaration - health warning signs - commission - repeal. (1) The general assembly hereby finds and declares that: (d) A survey performed in 2006 2011 by the Colorado department of public health and environment, using the Colorado pregnancy risk assessment system, estimated that eleven and two-tenths ten and one-tenths percent of women in Colorado said that they drank alcohol during the last three months of their pregnancy; and (4) (a) There is hereby created the fetal alcohol spectrum disorders commission, referred to in this section as the "commission". The commission is was initially created as a temporary commission under section 22 of article IV of the state constitution. On July 1, 2015, the temporary commission is dissolved, and the commission is created as a type 2 agency and shall exercise its powers and perform its duties and functions as if it were transferred by a type 2 transfer to the department of human services and allocated to the unit in the department of human services that administers behavioral health programs and services. The commission shall be composed of no more than twelve members. On or before August 30, 2009, July 30, 2015, the executive director, in consultation with a nonprofit organization that works with FASD issues, shall appoint the commission members with the goal of selecting a broad representation of individuals working in the field of FASD. The executive director may appoint members to the commission who have previously served on the temporary commission. The commission shall include representation from the following areas and groups in any combination the executive director deems appropriate: (I) Pediatrics; (II) Family physicians; (III) Child development programs that work with special needs children; (IV) The department of public health and environment; (V) The juvenile justice system; (VI) Preschool, elementary, secondary, and higher education; (VII) Parents, foster parents, or legal guardians of children or adults affected by FASD; (VIII) The developmentally disabled community; (IX) Speech, language, and occupational therapy; (X) The department of education; and (XI) A representative of a trade association that represents licensed beverage retailers in Colorado. (b) The commission shall meet at least once on or before September 30, 2009 a year and as called by the chairperson. At its first meeting held on or after August 30, 2015, the commission shall elect by a majority vote a chairperson from among the commission members who shall act as the presiding officer of the commission, determine a meeting schedule, and develop a list of priorities. Commission members shall serve without compensation or reimbursement of expenses. (c) The commission shall develop a distribute and promote the use of health warning sign signs and other informational materials in community locations and for use by persons licensed pursuant to section 12-47-401 (1) (h) to (1) (t), C.R.S., to sell malt, vinous, and spirituous liquors or licensed pursuant to section 12-46-104 (1) (c), C.R.S., to sell fermented malt beverages. and a plan The commission shall develop plans for making the sign signs and other informational materials available on-line to such licensed persons and other interested parties. At a minimum, the health warning sign shall read as follows: HEALTH WARNING DRINKING ANY ALCOHOLIC BEVERAGE DURING PREGNANCY MAY CAUSE BIRTH DEFECTS. (d) On or before December 1, 2009 November 1, 2015, and as needed thereafter, the commission shall make recommendations to the unit and to the health and human services committees of the senate and the house of representatives, or any successor committees. The commission's recommendations shall address the prevention of and education about FASD and any other FASD-related issues. The commission shall evaluate continually assess the use of the health warning signs developed pursuant to paragraph (c) of this subsection (4), the response by licensed persons, as described in paragraph (c) of this subsection (4), to the signs, and other materials and the response by women and patrons to the signs the public to messages about the harm from drinking during pregnancy. The commission shall make recommendations to the unit and to the health and human services committees of the senate and the house of representatives, or any successor committees, on the most effective use of the warning signs and shall also recommend the most effective use of other written and electronic informational materials. in the future. (e) This subsection (4) is repealed, effective June 30, 2015 2020. SECTION 2. In Colorado Revised Statutes, 19-2-905, amend (1) (a) (VII) as follows: 19-2-905. Presentence investigation. (1) (a) Prior to the sentencing hearing, the juvenile probation department for the judicial district in which the juvenile is adjudicated shall conduct a presentence investigation unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The presentence investigation shall take into consideration and build on the intake assessment performed by the screening team. The presentence investigation may address, but is not limited to, the following: (VII) The juvenile's family, including whether the mother drank alcoholic beverages during the pregnancy and whether the juvenile should be evaluated for fetal alcohol spectrum disorders; SECTION 3. In Colorado Revised Statutes, 24-1-120, amend (6) (d) as follows: 24-1-120. Department of human services - creation - repeal. (6) The department shall consist of the following divisions and units: (d) (I) The unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, created pursuant to article 80 of title 27, C.R.S. The unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, and its powers, duties, and functions, including the powers, duties, and functions relating to the alcohol and drug driving safety program specified in section 42-4-1301.3, C.R.S., are transferred by a type 2 transfer to the department of human services. (II) (A) The fetal alcohol spectrum disorders commission, created in section 27-80-116, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of human services and allocated to the unit in the department of human services that administers behavioral health programs and services. (B) This subparagraph (II) is repealed, effective June 30, 2020. SECTION 4. Appropriation. (1) For the 2015-16 state fiscal year, $16,013 is appropriated to the department of human services. This appropriation is from the general fund and is based on an assumption that the department will require an additional 0.2 FTE. To implement this act, the department may use this appropriation as follows: Behavioral health services, community behavioral health administration Personal services $9,413 (0.2 FTE) Operating expenses $6,600 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.