Colorado Legislative Council Staff

STATE

REVISED CONDITIONAL FISCAL NOTE

(replaces Fiscal Note dated February 2, 1998)

General Fund Expenditure Impact

TITLE:            CONCERNING PROCEDURES RELATED TO ADOPTION.

Summary of Legislation

            The amended bill includes a number of provisions related to adoption. Like the original fiscal note, this revised fiscal note addresses only those provisions which pose a conditional fiscal impact:

            •   Section 19-1-103. Definitions. (85.5) (a) (b). Defines “Post-Adoption Record” to mean the record maintained separate and apart from the adoption record by the Department of Human Services, a licensed child placement agency, or a licensed clinical social worker and which record contains information about the adoptee or the legal or biological relative of the adoptee subsequent to the completion of an adoption proceeding. Identifies the types of information the post-adoption record may contain: written inquiries from persons requesting access to records; search efforts of the confidential intermediary; responses to search efforts by the persons sought; updated medical information; plus any personal identifying information.

            •   Section 19-5-304. Confidential intermediaries - confidential intermediary services. Allows confidential intermediaries to inspect post-adoption records.

            •   Section 19-5-305. Access to adoption records - contact. Allows confidential intermediaries access to post-adoption records under certain conditions.

            •   Section 19-5-306. Access to medical information. Allows confidential intermediaries access to post-adoption records medical information under certain conditions.

            The bill includes an effective date of July 1, 1998.

State Expenditures

            Department of Human Services (DHS). Currently DHS does not maintain separate post-adoption records. Although the bill does not direct the department to maintain post-adoption records, the practical effect may result in DHS creating post-adoption records when information is received. Thus, the costs noted for creating and maintaining post-adoption records are identified as conditional. The fiscal note is predicated on the assumptions noted on page 3. DHS costs to create and maintain a post-adoption records system are estimated at $25,840 for FY 1998-99. Costs in FY 1998-99 include $16,640 for 1,040 contractual personal services hours at a rate of $16 per hour, and a one-time need of $9,200 for 184 hours of computer programming at a rate of $50 per hour. FY 1999-00 costs are for ongoing contractual personal services of $16,640.

            Section 19-5-307. Public Information Campaign. The bill requires the executive directors of the Department of Human Services and the Department of Public Health and Environment (DPHE) to develop and implement a public information campaign about the existence and availability of the confidential intermediary process. DPHE indicates that it currently provides information brochures/packets to child placement agencies and these can be easily modified to include information on the confidential intermediary process. Additionally, DPHE has both experience and expertise in public service campaigns and announcements. DPHE indicates that this campaign can be implemented with existing operating appropriations at a nominal cost. Thus, this provision of the bill is assessed as having no fiscal impact.

Spending Authority

            For FY 1998-99, the Department of Human Services should receive an appropriation of $25,480 General Fund.

Departments Contacted

            Human Services

            Judicial

            Public Health and Environment

FACTS AND ASSUMPTIONS

Assumptions

1.      Post-adoption records will be set up only for those adoptions where the child was in the custody of and finalized by the county departments of social services.

2.      Post-adoption records will be set up when the adoptee, or legal or biological relative of the adoptee contacts DHS with information for the record.

3.      Of the 20,000 adoptions finalized by the county departments, 10 percent (2,000) will require a post-adoption record, with 3 contacts per case.

4.      Post-adoption record information will be entered in a computer system.

5.      Development of a computerized record will require modification of existing computer systems (184 hours billed at $50/hour = $9,200).

6.      Staff will read closed microfilm adoption records to obtain required minimum information on the adoptee and his/her legal or biological relatives for inclusion in the post-adoption record requiring an estimated 45 minutes (locating, recording, removing, reconciling, then adding information into the computerized system).

7.      DHS will contract for 20 hours per week to perform functions related to post-adoption records.