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Second Regular Session
Sixty-first General Assembly
LLS NO. 980270.01D MN/JAP
HOUSE BILL 981406
STATE OF COLORADO
BY REPRESENTATIVE Adkins;
also SENATOR Reeves.
A BILL FOR AN ACT
CONCERNING THE WELFARE OF CHILDREN.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Provides that if the child welfare allocations committee and the state department of human services fail to agree on the allocation formula for any state fiscal year by June 15 of such year, the joint budget committee of the general assembly shall select an allocation formula from among alternatives submitted to the joint budget committee. (Pages 34.)
Requires the state department of human services, in conjunction with the judicial department, to report on the status of youth offenders who receive services in the child welfare and youth corrections systems during state fiscal year 199899. The report shall be submitted to the general assembly, the governor, and the chief justice of the Colorado Supreme Court no later than December 31, 1999. (Page 4.)
Allows a court to appoint a guardian ad litem or a CASA volunteer to act as a surrogate parent for the purposes of participating in the development of a child's individual educational program. (Page 7.)
Allows for the exemption of a student from all or part of the health education program of a school district upon the request of the parent or guardian, and deletes specific reasons for the exemption. (Pages 89.)
Requires the local board of education to provide written notice to the parents or guardians of each child in the school in which a teacher or other licensed person is employed concerning the arrest of such teacher or other person for a crime involving unlawful sexual behavior or unlawful behavior involving children. Provides that the required notice shall include the name of the person who is the subject of the notice and the crime or crimes for which he or she has been arrested. (Page 9.)
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 191115 (1) (a), Colorado Revised Statutes, is amended to read:
191115. Legal custody
guardianship placement out of the home.
(1) (a) In awarding legal custody of a child
pursuant to the provisions of this title, the court may, if in
the best interests of the child, give preference to the child's
grandparent who is appropriate, capable, willing, and available
to care for the child, if the court finds that there is no suitable
natural or adoptive parent available, with due diligence having
been exercised in attempting to locate any such natural or adoptive
parent. Any individual, agency, or institution vested by the court
with legal custody of a child shall have the rights and duties
(18) SECTION 191103
SECTION 2. 191116 (1), Colorado Revised Statutes, is amended to read:
191116. Funding alternatives to placement out of the home. (1) The state department of human services shall reimburse allowable expenses to county departments of social services for foster care AT EIGHTY PERCENT OF SUCH EXPENSES UP TO A COUNTY'S CAPPED ALLOCATION PURSUANT TO SECTION 265104, C.R.S. The state DEPARTMENT OF HUMAN SERVICES' budget request for foster care shall be based upon the actual aggregate expenditure of federal, state, and local funds of all counties during the preceding twentyfour months on foster care. Special purpose funds, not to exceed five percent of the total appropriation for foster care, shall be retained by the STATE department of human services for purposes of meeting emergencies and contingencies in individual counties. The amount thus reimbursed to each county shall represent EIGHTY PERCENT OF the total expenditure by an individual county for foster care and for alternative services provided in conformance with the plan prepared and approved pursuant to paragraph (b) of subsection (2) and subsection (4) of this section
.SECTION 3. 265101 (2), Colorado Revised Statutes, is amended to read:
265101. Definitions. As used in this article, unless the context otherwise requires:
(2) "Child welfare allocations committee"
means a committee that consists of four county commissioners appointed
by a statewide association of counties and four members appointed
by the state department,
ONE OF WHICH REPRESENTS A COUNTY THAT IS NOT REPRESENTED BY A
STATEWIDE ASSOCIATION OF COUNTIES. THE committee shall develop
its own organizational rules.
SECTION 4. 265104 (3), Colorado Revised Statutes, is REPEALED AND REENACTED WITH AMENDMENTS to read:
265104. Funding of child welfare services. (3) Allocation formula. (a) FOR STATE FISCAL YEAR 199798 AND THEREAFTER, THE STATE DEPARTMENT, WITH THE INPUT OF THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL DEVELOP FORMULAS FOR CAPPED AND TARGETED ALLOCATIONS FOR THE COUNTIES THAT TAKE INTO ACCOUNT SUCH FACTORS AS:
(I) A COUNTY'S ALLOCATIONS AND EXPENDITURES FOR CHILD WELFARE SERVICES IN THE THREE PRIOR STATE FISCAL YEARS AND A COMPARISON OF THE SPENDING IN THOSE PRIOR STATE FISCAL YEARS WITH THE CASELOADS IN THE RESPECTIVE PRIOR STATE FISCAL YEARS;
(II) A COUNTY'S CURRENT CHILD WELFARE CASELOAD; AND
(III) OTHER FACTORS DETERMINED BY THE STATE DEPARTMENT AND THE CHILD WELFARE ALLOCATIONS COMMITTEE THAT DIRECTLY AFFECT THE POPULATION OF CHILDREN IN NEED OF CHILD WELFARE SERVICES IN A COUNTY.
(b) THE FORMULAS FOR CAPPED AND TARGETED ALLOCATIONS DEVELOPED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (3) SHALL INCLUDE A METHOD FOR REWARDING A COUNTY THAT HAS DEMONSTRATED ITS ABILITY TO LIMIT OR REDUCE OUTOFHOME PLACEMENT COSTS.
(c) IN THE EVENT THAT THE STATE DEPARTMENT AND THE CHILD WELFARE ALLOCATIONS COMMITTEE DO NOT REACH AN AGREEMENT ON THE ALLOCATION FORMULA ON OR BEFORE JUNE 15 OF ANY STATE FISCAL YEAR, THE STATE DEPARTMENT AND THE CHILD WELFARE ALLOCATIONS COMMITTEE SHALL SUBMIT ALTERNATIVES TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY, FROM WHICH THE JOINT BUDGET COMMITTEE SHALL SELECT AN ALLOCATION FORMULA BEFORE JULY 1 OF THE STATE FISCAL YEAR.
(d) THE FORMULAS DEVELOPED BY THE STATE DEPARTMENT, WITH THE INPUT OF THE CHILD WELFARE ALLOCATIONS COMMITTEE, SHALL IDENTIFY THE PORTION OF THE AMOUNTS APPROPRIATED FOR CHILD WELFARE SERVICES THAT SHALL BE ALLOCATED TO THE COUNTIES FOR THE PROVISION OF CHILD WELFARE SERVICES.
SECTION 5. Part 2 of article 2 title 19, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
192213. Report on services. THE STATE DEPARTMENT, IN CONJUNCTION WITH THE JUDICIAL DEPARTMENT, SHALL REPORT ON THE STATUS OF YOUTH OFFENDERS WHO RECEIVE SERVICES IN THE CHILD WELFARE AND YOUTH CORRECTIONS SYSTEMS DURING STATE FISCAL YEAR 199899. THE DEPARTMENTS SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT NO LATER THAN DECEMBER 31, 1999. THE REPORT SHALL INCLUDE INFORMATION ON THE FILING OF CHARGES, ADJUDICATIONS, AND FINAL DISPOSITIONS FOR THE YOUTH BEING TRACKED.
SECTION 6. 237103 (1) (a), Colorado Revised Statutes, is amended to read:
237103. Presumptions and rules for determination of status. (1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:
(a) The domicile of an unemancipated minor
is that of the parent with whom he OR SHE resides or, if there
is a guardian of his OR HER person, that of such guardian, but
only if the court appointing such guardian (who has legal custody
of the minor child as defined in
191103 (18), C.R.S. SECTION
191103 (73), C.R.S.) certifies that the primary purpose
of such appointment is not to qualify such unemancipated minor
as a resident of this state and that his OR HER parents, if living,
do not provide substantial support to the minor child;
SECTION 7. 192907 (5) (a), Colorado Revised Statutes, is amended to read:
192907. Sentencing schedule
options. (5) (a) Except
as otherwise provided in section 192601 for an aggravated
juvenile offender, if the court finds that placement out of the
home is necessary and is in the best interests of the juvenile
and the community, the court shall place the juvenile, following
the criteria established pursuant to section 192212,
in the facility or setting that most appropriately meets the needs
of the juvenile, the juvenile's family, and the community. In
making its decision as to proper placement, the court shall utilize
the evaluation for placement prepared pursuant to section 191107
or the evaluation for placement required by section 193701
(5). Any placement recommendation in the evaluation prepared
by the county department of social services shall be accorded
great weight as the placement that most appropriately meets the
needs of the juvenile, the juvenile's family, and the community.
Any deviation from such recommendation shall be supported by
specific findings on the record of the case detailing the specific
extraordinary circumstances that constitute the reasons for deviations
from the placement recommendation of the county department of
social services. Such recommendation prepared by the county department
of social services shall set forth specific facts and reasons
for the placement recommendation. If the evaluation for placement
recommends placement in a facility located in Colorado that can
provide appropriate treatment and that will accept the juvenile,
then the court shall not place the juvenile in a facility outside
this state. If the court
juvenile in a facility located in Colorado other than one recommended
by the evaluation for placement, in a facility located outside
this state in accordance with the evaluation for placement, or
in a facility in which the average monthly cost exceeds the amount
established by the general assembly in the general appropriation
bill, it shall make specific findings of fact, including the monthly
cost of the facility in which such juvenile is placed, relating
to its placement decision. DEVIATES
FROM THE RECOMMENDATIONS OF THE EVALUATION FOR PLACEMENT IN A
MANNER THAT RESULTS IN A DIFFERENCE IN THE COST OF THE DISPOSITION
ORDERED BY THE COURT AND THE COST OF THE DISPOSITION RECOMMENDED
IN THE EVALUATION, THE COURT SHALL MAKE SPECIFIC FINDINGS OF FACT
RELATING TO ITS DECISION, INCLUDING THE MONTHLY COST OF THE PLACEMENT,
IF ORDERED. A copy of such findings shall be sent to the chief
justice of the supreme court, who shall report monthly
ANNUALLY to the joint budget committee and annually to the house
and senate committees on health, environment, welfare, and institutions
on such placements
ORDERS. If the court commits the juvenile to the department of
human services, it shall not make a specific placement, nor shall
the provisions of this subsection (5) relating to specific findings
of fact be applicable.
SECTION 8. 191111 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
191111. Appointment of guardian ad litem. (2) The court may appoint a guardian ad litem in the following cases:
(d) TO ACT ON BEHALF OF THE CHILD'S PARENT OR GUARDIAN IN THE DEVELOPMENT OF AN INDIVIDUAL EDUCATIONAL PROGRAM PURSUANT TO THE PROVISIONS OF ARTICLE 20 OF TITLE 22, C.R.S., IF SUCH CHILD HAS BEEN PLACED OUT OF THE HOME.
SECTION 9. 2220108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2220108. Determination of disability enrollment. (10) (a) IF A CHILD HAS BEEN PLACED OUT OF THE HOME AND SUCH CHILD'S PARENT OR GUARDIAN IS UNABLE OR UNWILLING TO PARTICIPATE IN THE DEVELOPMENT OF THE CHILD'S INDIVIDUAL EDUCATIONAL PROGRAM PURSUANT TO THE PROVISIONS OF THIS SECTION, THE SCHOOL DISTRICT SHALL SEEK THE APPOINTMENT OF A GUARDIAN AD LITEM PURSUANT TO THE PROVISIONS OF SECTION 191111 (2) (d), C.R.S., AND SUCH GUARDIAN AD LITEM SHALL ACT FOR THE PARENT OR GUARDIAN PURSUANT TO THE PROVISIONS OF THIS SECTION.
(b) AS USED IN THIS SECTION, "PARENT" AND "GUARDIAN" SHALL INCLUDE A GUARDIAN AD LITEM APPOINTED PURSUANT TO THE PROVISIONS OF THIS SECTION.
SECTION 10. 2225110 (2) (b), Colorado Revised Statutes, is amended to read:
2225110. Funding of existing programs operation of other health education programs. (2) Nothing in this article shall be interpreted to require a school district or board of cooperative services to establish a local comprehensive health education program nor shall it be interpreted to prevent a school district or board of cooperative services from offering a health education program which is not operated under the requirements of this article; except that any school district or board of cooperative services offering such a health education program shall:
(b) Establish a procedure to exempt a
student, upon request of the parent or guardian of such student,
a specific portion
ALL OR PART of the health education program. on
the grounds that it is contrary to the religious beliefs and teachings
of the student or the student's parent or guardian.
SECTION 11. 193211 (1) (b), Colorado Revised Statutes, is amended to read:
193211. Conflict resolution process rules definitions. (1) (b) A citizen review panel shall be created in each county and city and county. ANY GROUP OF COUNTIES MAY JOINTLY ESTABLISH A CITIZEN REVIEW PANEL. The members of such citizen review panel shall be appointed by the governing body without influence from the state department or the county department, be representative of the community, have demonstrable personal or professional knowledge and experience with children, and not be employees or agents of the state department or any county department. At least one member of the citizen review panel in each county and city and county shall be the parent of a minor child at the time of his or her appointment to serve on such panel.
SECTION 12. 264527 (1), Colorado Revised Statutes, is amended to read:
264527. Residential child health care waiver program. (1) The department of health care policy and financing, in cooperation with the department of human services, shall implement a program concerning residential child health care under this article to provide services to medicaideligible children residing in residential child care facilities, AS DEFINED IN SECTION 266102 (8), C.R.S., and children placed through county departments of social services in licensed or certified outofhome placement facilities in addition to residential child care facilities. Children with developmental disabilities, as defined in section 2710.5102 (11), C.R.S., who are placed in such facilities shall meet the outofhome placement criteria described in section 191107, C.R.S., and shall be neglected or dependent as described in section 193102, C.R.S. The medical services board shall establish the type of rehabilitative or medical assistance services to be provided under the program as described in subsection (3) of this section, to the extent such services are costefficient, and the recipient eligibility criteria that may include, but are not limited to, a medical necessity determination and a financial eligibility determination.
SECTION 13. 266102 (8), Colorado Revised Statutes, is amended to read:
266102. Definitions. As used in this article, unless the context otherwise requires:
(8) "Residential child care facility" means a facility licensed by the department pursuant to this part 1 to provide twentyfourhour group care and treatment for five or more children operated under private, PUBLIC, or nonprofit sponsorship. A residential child care facility may be eligible for designation by the executive director of the department of human services pursuant to article 10 of title 27, C.R.S.
SECTION 14. Effective date. This act shall take effect July 1, 1998.
SECTION 15. 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.