Colorado Legislative Council Staff

STATE

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0176

Rep. Keller

Sen. Wham

Date:

Bill Status:

Fiscal Analyst:

January 23, 1999

House Judiciary

Janis Baron (303-866-4784)

 

TITLE:            CONCERNING IMPLEMENTATION OF THE FEDERAL "ADOPTION AND SAFE FAMILIES ACT OF 1997".



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund


 


 

State Expenditures

General Fund

Federal Fund


$ 274,308

13,262


$ 407,911

12,577

FTE Position Change

1.0 FTE

1.0 FTE

Other State Impact: None

Effective Date: July 1, 1999, and shall apply to juveniles sentence to community placement on or after that date.

Appropriation Summary for FY 1999-2000:

Department of Human Services

    Total$ 66,310

    General Fund53,048

    Federal Funds13,262

    FTE1.0

Judicial — General Fund$ 221,260

Local Government Impact: None



Summary of Legislation


            The bill clarifies the federal requirements of the "Adoption and Safe Families Act of 1997". This fiscal note is limited to a discussion of that provision in the bill which creates a fiscal impact.

  

               Section 19-2-906.5 — Orders - community placement - reasonable efforts required - reviews. The bill would clarifyClarifies that, in the context of juvenile justice, "reasonable efforts" be made by the court to avoid placing a child outside the home. When a juvenile delinquent is removed from the home, the court order is required to have reasonable efforts findings. In the event a juvenile is placed out of the home, the court shall hold a hearing to review any order of community placement six months after the initial review (currently required 90 days after placement). The court may require the Department of Human Services (DHS) to conduct an administrative hearing to review the order. Issues to be addressed at the six-month hearing include, but are not limited to, the juvenile's safety, the necessity of continued out-of-home placement, case plan compliance and projected dates for the juvenile to be returned home or placed in another type of living situation. If a juvenile delinquent is in a community placement for twelve months or longer, the court shall conduct a permanency hearing or require DHS to conduct a permanency hearing. Issues to be addressed at the twelve-month permanency hearing include, but are not limited to, the juvenile's safety, the necessity of continued out-of-home placement, case plan compliance and projected dates for the juvenile to be returned home or placed in another type of living situation.



State Expenditures


            Department of Human Services — $66,310 in FY 1999-00. DHS will require an additional 1.0 FTE and associated operating expenses to review Division of Youth Corrections community placements. It is assumed that DHS, foster care review staff, will be responsible for reviewing juvenile delinquent cases required to have placement (6-month) and permanency (12-month) hearings to comply with federal law. DHS indicates that 1.0 FTE additional review will be assigned to an estimated 450 cases annually. Costs for FY 2000-01 are estimated at $62,884. Federal funds are available to offset 20 percent of the total cost.


            Judicial — $221,260 in FY 1999-00. It is estimated that the court will increase the number of guardian ad litem (GAL) appointments to comply with the federally-required court responsibilities. Although some judicial districts currently appoint GALs to address the juvenile's safety, bests interest of the community, the juvenile's compliance with disposition and treatment plan, and the permanency needs of the juvenile, the bill requires the court to actively address and make finding regarding reasonable efforts and permanency for juvenile delinquents. Thus, it is anticipated that GAL appointments will increase to ensure that these requirements are met. It is estimated that there will be 598 new appointments in FY 1999-00 at a cost of $370 per case (598 x $370 = $221,260). Costs for FY 2000-01 are estimated at $357,604. These costs reflect continuing GAL oversight for the 598 cases appointed in FY 1999-00 at a second year cost of $228 per appointment (598 x $228 = $136,344); plus 598 new appointments at $370 per case (598 x $370 = $221,260).



State Appropriations


            The fiscal note indicates that for FY 1999-00, the Department of Human Services should receive an appropriation for $66,310 and 1.0 FTE. Of the total appropriation, $53,048 is General Fund and $13,262 is federal funds. Additionally, the Judicial Department should receive an appropriation for $221,260 General Fund.



Departments Contacted


            Human Services                   Judicial