SENATE BILL 98165
BY SENATORS Reeves, Hernandez, Hopper, Martinez, Norton, Rupert, Tebedo, Weddig, and Wham;
also REPRESENTATIVES Adkins, Dyer, Reeser, and S. Williams.
CONCERNING PILOT SITES FOR PERFORMANCE CONTRACTING
IN CHILD WELFARE, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 265102,
Colorado Revised Statutes, is amended to read:
265102. Provision of child
welfare services system reform goals.
(1) (a) The state department shall adopt rules
and regulations
to establish a program of child welfare services, administered
by the state department or supervised by the state department
and administered by the county departments, and, where applicable,
in accordance with the conditions accompanying available federal
funds for such purpose. Said rules and
regulations shall establish a fee
based upon the child support guidelines set forth in section 1410115,
C.R.S., requiring those persons legally responsible for the child
to pay for all or a portion of the services provided under this
article.
(b) Upon appropriate request and within
available appropriations, child welfare services shall be provided
for any child residing or present in the state of Colorado who
is in need of such services. Foster care fees shall be considered
child support obligations, and all remedies for the enforcement
and collection of child support shall apply. Foster care fees
established pursuant to section 1410115, C.R.S., may
be collected pursuant to the administrative procedures to establish
child support enforcement set forth in article 13.5 of this title.
Due process is guaranteed in all actions regarding any such administrative
process concerning foster care fees, and a court hearing of the
matter before the district court may be obtained in the manner
prescribed in section 2613.5105. Nothing contained
in article 13.5 of this title shall be construed to deprive a
court of competent jurisdiction from determining the duty of support
of any obligor against whom an administrative order is issued
pursuant to this article.
(2) REFORMS IN CHILD WELFARE AND RELATED
DELIVERY SYSTEMS SHALL BE DIRECTED AT THE FOLLOWING OBJECTIVES:
(a) MORE EFFICIENT AND RESPONSIVE SERVICE
SYSTEMS FOR CHILDREN, YOUTH, AND FAMILIES;
(b) INCREASED FLEXIBILITY AND COLLABORATION
ACROSS MULTIPLE AGENCIES AND FUNDING STREAMS TO MORE APPROPRIATELY
MEET CONSUMER NEEDS AND AVOID COST SHIFTING BETWEEN SYSTEMS;
(c) ENCOURAGEMENT AND AUTHORIZATION FOR
A TRULY INTEGRATED SERVICE SYSTEM THAT INCORPORATES BLENDED FUNDING
AND ADMINISTRATION;
(d) FOCUS ON QUALITY AND OUTCOMEDRIVEN
SERVICES WITH ACCOUNTABILITY FOR AN ENTIRE ARRAY OF SERVICES THAT
FAMILIES NEED, RATHER THAN FORCING FAMILIES TO BE TRANSFERRED
FROM AGENCY TO AGENCY;
(e) DEVELOPMENT OF DATA SYSTEMS TO SUPPORT
THESE GOALS AND TO ALLOW ADMINISTRATORS AND POLICY MAKERS TO BETTER
MANAGE AND EVALUATE;
(f) AUTHORITY AND INCENTIVES FOR CREATIVE
SOLUTIONS AT THE LOCAL LEVEL THAT ARE NOT BOUND BY THE CONSTRAINTS
OF CURRENT AGENCY BARRIERS AND CATEGORICAL FUNDING STREAMS, INCLUDING
AUTHORITY FOR LOCAL POLICY MAKERS TO CREATE NEW ENTITIES INCORPORATING
BLENDED FUNDING AND ADMINISTRATION;
(g) SUCCESSFUL TRAINING EFFORTS DIRECTED
AT COUNTY STAFF, JUDGES, COURT STAFF, PROVIDERS, PARENTS, AND
FAMILIES AND OTHER APPROPRIATE ENTITIES THAT ARE INVOLVED IN MANAGED
CARE SERVICE SYSTEMS. NOTWITHSTANDING ANY LIMITATION OF THE "M"
NOTATION OF THE APPROPRIATION IN THE ANNUAL APPROPRIATION ACT
FOR CHILD WELFARE SERVICES, THE STATE DEPARTMENT IS AUTHORIZED
TO EXPEND ANY ADDITIONAL FEDERAL OR PRIVATE FUNDING THAT MAY BE
AVAILABLE TO SUPPORT THE TRAINING EFFORTS IDENTIFIED IN THIS SUBSECTION
(2).
SECTION 2. 265105.5,
Colorado Revised Statutes, is amended to read:
265105.5. Pilot programs
county performance agreements
state department certificate program authorized
repeal. (1) (a) The state department
may enter into performance contracts
AGREEMENTS with not more than three counties or groups of counties
for the delivery of child welfare services. An interested county
shall apply to the state department not later than August 1, 1997,
and the implementation of such pilot programs shall commence not
later than September 1, 1997.
(b) IN ADDITION TO THE PILOT PROGRAMS
AUTHORIZED PURSUANT TO THE PROVISIONS OF PARAGRAPH (a) OF THIS
SUBSECTION (1), ANY INTERESTED COUNTY OR GROUP OF INTERESTED COUNTIES
MAY APPLY TO THE STATE DEPARTMENT TO BE CONSIDERED AS ADDITIONAL
PILOT SITES. ON OR BEFORE AUGUST 1, 1998, THE STATE DEPARTMENT
SHALL SELECT UP TO THREE SUCH ADDITIONAL PILOT SITES IN WHICH
THE COUNTIES IN SUCH SITES SHALL ENTER INTO PERFORMANCE AGREEMENTS
FOR THE DELIVERY OF CHILD WELFARE SERVICES. THE IMPLEMENTATION
OF THE PERFORMANCE AGREEMENTS WITH THESE ADDITIONAL COUNTIES SHALL
COMMENCE ON OR BEFORE JANUARY 1, 1999. THE STATE DEPARTMENT SHALL
GIVE PREFERENCE TO ANY COUNTY THAT APPLIED TO BE CONSIDERED FOR
THE PILOT PROGRAM PURSUANT TO THE PROVISIONS OF PARAGRAPH (a)
OF THIS SUBSECTION (1) AND REAPPLIES PURSUANT TO THE PROVISIONS
OF THIS PARAGRAPH (b). THE STATE DEPARTMENT SHALL ENCOURAGE THE
ESTABLISHMENT OF ONE MULTICOUNTY RURAL PILOT SITE.
(c) NO LATER THAN JUNE 30, 1999, THE STATE
DEPARTMENT SHALL START TO NEGOTIATE WITH ANY COUNTY THAT IS INTERESTED
IN DELIVERING CHILD WELFARE SERVICES PURSUANT TO A PERFORMANCE
AGREEMENT AS PROVIDED IN THIS SECTION. IMPLEMENTATION OF A PERFORMANCE
AGREEMENT SYSTEM IN SUCH COUNTY SHALL BE COMMENCED ON OR AFTER
JULY 1, 2000.
(2) A county that enters into a performance
contract
AGREEMENT with the state department shall be exempt from the rules
of the state department and state board governing the delivery
of child welfare services, as such exemptions are identified in
the performance contract
AGREEMENT.
(3) Any county that has entered into a
performance contract
AGREEMENT with the state department and underspends the general
fund portion of its capped or targeted allocation may use those
funds, not to exceed five percent of the general fund portion
of its total capped or targeted allocation for child welfare services,
to either reduce its county share by the amount of the underexpenditure
or spend such moneys on additional services for children in the
county. Any balance of the general fund portion of its capped
or targeted allocation shall be used for additional services for
children in the county.
(3.5) Evaluation. (a) THE
STATE DEPARTMENT IS AUTHORIZED TO CONTRACT FOR AN EXTERNAL EVALUATION
OF THE PERFORMANCE AGREEMENTS AUTHORIZED PURSUANT TO PARAGRAPHS
(a) AND (b) OF SUBSECTION (1) OF THIS SECTION. ANY SUCH EXTERNAL
EVALUATION SHALL INCLUDE ANY EVALUATION THAT MAY BE REQUIRED IN
CONNECTION WITH ANY WAIVER AUTHORIZED PURSUANT TO SECTION 265105.3.
CRITERIA FOR AND COMPONENTS OF THE EVALUATION SHALL BE DEVELOPED
BY THE STATE DEPARTMENT WITH INPUT FROM THE PILOT COUNTIES AUTHORIZED
PURSUANT TO THIS SECTION. THE ENTITY THAT THE STATE DEPARTMENT
SELECTS TO PERFORM THE EVALUATION SHALL COMPLETE A PROGRESS REPORT
ON THE EVALUATION NO LATER THAN JULY 1, 2000, AND SHALL PROVIDE
COPIES OF ITS REPORT TO THE GOVERNOR, THE GENERAL ASSEMBLY, AND
THE CHIEF JUSTICE OF THE SUPREME COURT.
(b) THE STATE DEPARTMENT, WITH INPUT FROM
THE COUNTIES, SHALL DEVELOP RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION
OF SYSTEM REFORMS FOR THE DELIVERY OF CHILD WELFARE SERVICES.
THE PLAN SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY AND THE CHIEF
JUSTICE OF THE SUPREME COURT NO LATER THAN DECEMBER 1, 2000.
FURTHER STATEWIDE IMPLEMENTATION OF SYSTEMS REFORMS SHALL BE BASED
UPON THE RECOMMENDATIONS OF THIS REPORT.
(4) This section is repealed, effective
July 1, 1998
2002.
SECTION 3. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the family issues cash fund created in section
265.3106, Colorado Revised Statutes, not otherwise
appropriated, to the department of human services, for allocation
to the children, youth, and families division, for the fiscal
year beginning July 1, 1998, the sum of two hundred and fifty
thousand dollars ($250,000), with spending authority for matching
federal IVE waiver funds, or so much thereof as may be necessary,
for the implementation of this act.
SECTION 4. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO