First Regular Session
Sixty-second General Assembly
LLS NO. 99-0060.01 Jennifer Gilroy SENATE BILL 99-023
STATE OF COLORADO
BY SENATOR Arnold;
also REPRESENTATIVE Keller.
REENGROSSED
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING THE CIRCUMVENTION OF DEPENDENCY AND NEGLECT ACTION
102 REQUIREMENTS FOR THE PROVISION OF MENTAL HEALTH SERVICES
103 TO CHILDREN AT RISK OF OUT-OF-HOME {PLACEMENT, AND MAKING
104 AN APPROPRIATION IN CONNECTION THEREWITH.}
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the "Child Residential Treatment Act". Directs the state
department of human services to establish a child residential treatment
program in mental health services for the purpose of providing, upon the
request of a child's parent or legal guardian, residential treatment services
and intensive family treatment services to any child who is at risk of
out-of-home placement. Defines "at risk of out-of-home placement as
being a child who is beyond the control of his or her parents but who is
not a mentally ill person or appropriately the subject of an action in
dependency and neglect.
Directs that, under the program, community mental health centers
shall provide up to a maximum of 10 days residential mental health
services to children at risk of out-of-home placement. Specifies that such
services shall include crisis stabilization and development of a
rehabilitation plan. Also provides for subsequent follow-up, in-home
family treatment, or family preservation services. Establishes an annual
cap for the residential and follow-up services.
Directs the state board of human services to promulgate rules
implementing the "Child Residential Treatment Act", including the
designation of methods for determining eligibility for services and
assessing the child, identification of the type of services to be provided
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
to the child and his or her family, determination of the annual cap for
voluntary services for each county and city and county, and creation of
a statewide means by which to assess the effectiveness of the intervention
at a later date.
1 Be it enacted by the General Assembly of the State of Colorado:
2 { SECTION 1. Title 19, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 7
5 Short-term Out-of-home and
6 Family Preservation Treatment Act
7 19-7-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
8 BE CITED AS THE "SHORT-TERM OUT-OF-HOME AND FAMILY
9 PRESERVATION TREATMENT ACT".
10 19-7-102. Legislative declaration. (1) THE GENERAL ASSEMBLY
11 FINDS THAT MANY PARENTS IN COLORADO HAVE EXPERIENCED
12 CHALLENGING CIRCUMSTANCES BECAUSE THEIR CHILDREN HAVE
13 DEMONSTRATED OUT-OF-CONTROL BEHAVIOR SUCH AS TRUANCY, THREATS
14 OF VIOLENCE, OR CHEMICAL DEPENDENCY OR THEIR CHILDREN ARE
15 HOMELESS OR HAVE RUN AWAY FROM HOME. MANY TIMES PARENTS HAVE
16 BECOME INCREASINGLY FRUSTRATED IN THEIR ATTEMPTS TO NAVIGATE
17 THE VARIOUS GOVERNMENTAL SYSTEMS INCLUDING CHILD WELFARE,
18 MENTAL HEALTH, LAW ENFORCEMENT, JUVENILE JUSTICE, EDUCATION, AND
19 YOUTH CORRECTIONS IN AN ATTEMPT TO FIND HELP FOR THEIR CHILDREN.
20 FREQUENTLY IN THESE SITUATIONS AN ACTION IN DEPENDENCY OR
21 NEGLECT UNDER ARTICLE 3 OF THIS TITLE OR DELINQUENCY UNDER
22 ARTICLE 2 OF THIS TITLE, MAY NOT BE APPROPRIATE OR WARRANTED. IN
Page 3
1 ADDITION, THE CHILD MAY NOT HAVE A MENTAL ILLNESS DIAGNOSIS THAT
2 WOULD ENABLE THE CHILD TO MEET ELIGIBILITY REQUIREMENTS FOR
3 MEDICAID FUNDED SERVICES THROUGH THE MENTAL HEALTH SYSTEM.
4 ALTHOUGH APPROPRIATE SERVICES, INCLUDING OUT-OF-HOME SERVICES,
5 THAT MAY OTHERWISE BENEFIT THE CHILD MAY BE AVAILABLE THROUGH
6 THE STATE, COUNTY DEPARTMENT OF SOCIAL SERVICES, COMMUNITY
7 MENTAL HEALTH CENTERS, OR OTHER COMMUNITY AGENCIES, THE PARENT
8 IS OFTEN PRECLUDED FROM OBTAINING THE APPROPRIATE SERVICES
9 WITHOUT THE FILING OF AN ACTION IN DEPENDENCY OR NEGLECT OR
10 DELINQUENCY, WHICH SOME FAMILIES FIND UNDESIRABLE AND
11 STIGMATIZING.
12 (2) THE GENERAL ASSEMBLY FINDS THAT IT IS DESIRABLE TO
13 ASSIST CHILDREN EXPERIENCING SUCH DIFFICULT CIRCUMSTANCES AS
14 THOSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND SUCH
15 CHILDREN'S FAMILIES. ACCORDINGLY, THE GENERAL ASSEMBLY
16 DETERMINES THAT IT IS APPROPRIATE TO ADOPT A PROGRAM PURSUANT TO
17 WHICH MENTAL HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION
18 19-1-103 (77.3), WOULD BE PROVIDED TO ELIGIBLE CHILDREN WHO ARE
19 DEMONSTRATING OUT-OF-CONTROL BEHAVIOR AND TO SUCH CHILDREN'S
20 FAMILIES WHEN THE PARENTS OR LEGAL GUARDIANS REQUEST TREATMENT
21 SERVICES, INCLUDING SHORT-TERM OUT-OF-HOME PLACEMENT.
22 19-7-103. Short-term out-of-home placement and family
23 preservation treatment program - creation. (1) THE STATE
24 DEPARTMENT IS HEREBY DIRECTED TO ESTABLISH A SHORT-TERM
25 OUT-OF-HOME PLACEMENT AND FAMILY PRESERVATION TREATMENT
26 PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE MENTAL
Page 4
1 HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION 19-1-103 (77.3),
2 INCLUDING SHORT-TERM OUT-OF-HOME PLACEMENT SERVICES, AND
3 FAMILY PRESERVATION TREATMENT SERVICES TO ELIGIBLE CHILDREN WHO
4 ARE AT RISK OF OUT-OF-HOME PLACEMENT AND WHO MEET THE CRITERIA
5 ESTABLISHED BY THE STATE BOARD AND TO SUCH CHILDREN'S FAMILIES.
6 SUCH SERVICES SHALL BE PROVIDED TO ELIGIBLE CHILDREN AND THEIR
7 FAMILIES, SUBJECT TO AVAILABLE APPROPRIATIONS, UPON THE REQUEST OF
8 THE CHILD'S PARENT OR LEGAL GUARDIAN.
9 (2) (a) PURSUANT TO THE RULES OF THE STATE BOARD, THE STATE
10 DEPARTMENT SHALL ALLOCATE TO THE GOVERNING BODY OF EACH
11 COUNTY OR CITY AND COUNTY THE
12 MONEYS APPROPRIATED FOR THE IMPLEMENTATION OF THIS ARTICLE.
13 (b) THE GOVERNING BODY OF EACH COUNTY OR CITY AND COUNTY,
14 ALONE OR IN COMBINATION WITH ANY OTHER GOVERNING BODY, SHALL
15 CONTRACT WITH APPROPRIATE SERVICE PROVIDERS IN THE COMMUNITY
16 FOR THE PROVISION OF MENTAL HEALTH SERVICES, AS THAT TERM IS
17 DEFINED IN SECTION 19-1-103 (77.3), AND FAMILY PRESERVATION
18 TREATMENT SERVICES FOR CHILDREN WHO MEET THE CRITERIA FOR
19 SERVICES AS DEVELOPED BY RULE OF THE STATE BOARD PURSUANT TO
20 SECTION 19-7-104 AND SUCH CHILDREN'S FAMILIES IN ORDER TO ACHIEVE
21 CRISIS STABILIZATION IN THAT FAMILY. IN ADDITION TO ANY OTHER
22 COUNTY MONEYS THAT A GOVERNING BODY OR GROUP OF GOVERNING
23 BODIES MAY ELECT TO APPLY TO THE IMPLEMENTATION OF THIS ARTICLE,
24 A GOVERNING BODY OR GROUP OF GOVERNING BODIES MAY NOT EXPEND
25 MORE THAN THE AMOUNT OF MONEYS ALLOCATED TO THE GOVERNING
26 BODY OR THE COMBINED AMOUNT OF MONEYS ALLOCATED TO THE GROUP
Page 5
1 OF GOVERNING BODIES FOR THE IMPLEMENTATION OF THIS ARTICLE IN ANY
2 FISCAL YEAR.
3 (3) EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES
4 SHALL REPORT TO THE STATE DEPARTMENT AS PRESCRIBED BY RULE OF
5 THE STATE BOARD PURSUANT TO SECTION 19-7-104.
6 (4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE AN
7 ENTITLEMENT PROGRAM FOR CHILDREN OR THEIR FAMILIES.
8 (5) NOTHING IN THIS ARTICLE SHALL REQUIRE A GOVERNING BODY
9 OR GROUP OF GOVERNING BODIES OPERATING A CHILD WELFARE MANAGED
10 CARE PILOT SITE PURSUANT TO SECTION 26-5-105.5, C.R.S., TO CHANGE OR
11 MODIFY SUCH PROGRAM OR FUNDING IN SUCH PROGRAM IN ORDER TO
12 IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
13 19-7-104. Rules. (1) THE STATE BOARD SHALL PROMULGATE
14 RULES IMPLEMENTING THE PROGRAM. THE RULES SHALL INCLUDE, BUT
15 SHALL NOT BE LIMITED TO, THE FOLLOWING:
16 (a) THE CRITERIA THAT A CHILD SHALL MEET IN ORDER TO BE
17 ELIGIBLE TO RECEIVE MENTAL HEALTH SERVICES FROM A SERVICE
18 PROVIDER SELECTED BY A GOVERNING BODY OR GROUP OF GOVERNING
19 BODIES TO PROVIDE MENTAL HEALTH SERVICES AND FAMILY
20 PRESERVATION TREATMENT SERVICES PURSUANT TO THIS ARTICLE, WHICH
21 CRITERIA MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
22 (I) THE AGE OF THE CHILD;
23 (II) THE BEHAVIOR OF THE CHILD, INCLUDING CONSISTENT ACTING
24 OUT IN AN INAPPROPRIATE MANNER OR BEHAVIOR THAT PLACES THE CHILD
25 BEYOND THE CONTROL OF THE CHILD'S PARENT OR GUARDIAN; OR
26 (III) SUCH OTHER BEHAVIOR THAT WOULD DEMONSTRATE THAT
Page 6
1 CHILD MENTAL HEALTH SERVICES AND FAMILY PRESERVATION TREATMENT
2 SERVICES MAY BE INDICATED;
3 (b) THE TYPE OF MENTAL HEALTH SERVICES AND FAMILY
4 PRESERVATION TREATMENT SERVICES TO BE PROVIDED PURSUANT TO THIS
5 ARTICLE;
6 (c) THE METHOD OR FORMULA TO BE USED TO ALLOCATE FUNDS TO
7 THE VARIOUS GOVERNING BODIES FOR THE PROVISION OF MENTAL HEALTH
8 SERVICES AND FAMILY PRESERVATION TREATMENT SERVICES PURSUANT TO
9 THIS ARTICLE;
10 (d) THE IDENTIFICATION OF A SINGLE, STATEWIDE PROCEDURE BY
11 WHICH EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES, SHALL
12 REPORT ANNUALLY TO THE STATE DEPARTMENT CONCERNING THE NUMBER
13 OF FAMILIES SERVED, THE TYPE OF SERVICES PROVIDED, AND THE NUMBER
14 OF FAMILIES THAT THE GOVERNING BODY WAS UNABLE TO SERVE AND THE
15 BASIS THEREFOR.
16 19-7-105. Service fee for mental health services and family
17 preservation services. (1) IF THE PARENT OR LEGAL GUARDIAN OF THE
18 CHILD RECEIVING SERVICES PURSUANT TO THIS ARTICLE HAS PRIVATE
19 INSURANCE THAT WILL COVER ALL OR A PORTION OF THE COSTS
20 ASSOCIATED WITH THE SERVICES DESCRIBED IN THIS ARTICLE, THEN THAT
21 RESOURCE SHALL BE USED FIRST TO PAY FOR SUCH SERVICES.
22 (2) (a) IF THE CHILD OR FAMILY BEING PROVIDED SERVICES
23 PURSUANT TO THIS ARTICLE IS NOT COVERED BY PRIVATE INSURANCE OR
24 IF THE PRIVATE INSURANCE DOES NOT COVER THE ENTIRE COST OF THE
25 SERVICES AND IF THE CHILD OR FAMILY IS NOT ELIGIBLE FOR FEDERAL
26 MEDICAID OR IF FEDERAL MEDICAID FUNDING DOES NOT COVER THE ENTIRE
Page 7
1 COST OF THE SERVICES, THEN THE SERVICE AGENCY SHALL ASSESS SERVICE
2 FEES.
3 (b) THE STATE BOARD SHALL ADOPT RULES TO ESTABLISH SERVICE
4 FEES BASED UPON THE CHILD SUPPORT GUIDELINES SET FORTH IN SECTION
5 14-10-115, C.R.S., REQUIRING THOSE PERSONS LEGALLY RESPONSIBLE FOR
6 THE CHILD TO PAY FOR ALL OR A PORTION OF THE SERVICES PROVIDED
7 UNDER THIS ARTICLE. THE STATE BOARD IS AUTHORIZED TO PROMULGATE
8 RULES TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE RELATING TO THE
9 ALLOCATION OF FUNDS FOR THE DELIVERY OF MENTAL HEALTH SERVICES.
10 SECTION 2. 19-1-103 (54), (102), and (103), Colorado Revised
11 Statutes, are amended, and the said 19-1-103 is further amended BY THE
12 ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
13 19-1-103. Definitions. As used in this title or in the specified
14 portion of this title, unless the context otherwise requires:
15 (11.5) "AT RISK OF OUT-OF-HOME PLACEMENT", AS USED IN
16 ARTICLE 7 OF THIS TITLE, MEANS CIRCUMSTANCES UNDER WHICH A CHILD
17 WHO IS NOT A MENTALLY ILL PERSON, AS DEFINED IN SECTION 27-10-102
18 (7), C.R.S., AND FOR WHOM IT MAY NOT BE APPROPRIATE OR WARRANTED
19 TO FILE AN ACTION IN DEPENDENCY OR NEGLECT PURSUANT TO ARTICLE 3
20 OF THIS TITLE OR A DELINQUENCY ACTION PURSUANT TO ARTICLE 2 OF THIS
21 TITLE, BUT WHO IS BEYOND THE CONTROL OF HIS OR HER PARENT OR
22 GUARDIAN AND MAY BE:
23 (a) A CHRONIC RUNAWAY;
24 (b) A CHRONIC TRUANT;
25 (c) HOMELESS; OR
26 (d) CHEMICALLY DEPENDENT.
Page 8
1 (54) "Governing body", as used in section 19-3-211 AND AS USED
2 IN ARTICLE 7 OF THIS TITLE, means the board of county commissioners of
3 a county or the city council of a city and county.
4 (77.3) "MENTAL HEALTH SERVICES", AS USED IN ARTICLE 7 OF THIS
5 TITLE, MEANS APPROPRIATE SERVICES DIRECTED TOWARD FAMILY
6 STABILITY AND FAMILY PRESERVATION, INCLUDING IN-HOME AND
7 SHORT-TERM OUT-OF-HOME SERVICES OR ANY OF THOSE SERVICES DEFINED
8 IN SECTION 26-5-101 (3), C.R.S., PROVIDED TO A CHILD WHO IS AT RISK OF
9 OUT-OF-HOME PLACEMENT, AS THAT TERM IS DEFINED IN SUBSECTION
10 (11.5) OF THIS SECTION AND WHO MEETS THE CRITERIA SPECIFIED IN
11 SECTION 19-7-104.
12 (86.5) "PROGRAM", AS USED IN ARTICLE 7 OF THIS TITLE, MEANS
13 THE SHORT-TERM OUT-OF-HOME AND FAMILY PRESERVATION TREATMENT
14 PROGRAM ESTABLISHED IN A COUNTY OR GROUP OF COUNTIES PURSUANT
15 TO SECTION 19-7-103.
16 (95.5) "SERVICE PROVIDER", AS USED IN ARTICLE 7 OF THIS TITLE,
17 MEANS PUBLIC OR PRIVATE AGENCIES THAT ARE DETERMINED BY A
18 GOVERNING BODY, AS THAT TERM IS DEFINED IN SUBSECTION (54) OF THIS
19 SECTION, TO BE QUALIFIED TO PROVIDE THE SERVICES DESCRIBED IN
20 ARTICLE 7 OF THIS TITLE.
21 (102) "State board", as used in part 3 of article 3 of this title AND
22 AS USED IN ARTICLE 7 OF THIS TITLE, means the state board of human
23 services.
24 (103) "State department", as used in section 19-3-211, and part 3
25 of article 3 of this title, AND ARTICLE 7 OF THIS TITLE, means the
26 department of human services created by section 24-1-120, C.R.S.
Page 9
1 SECTION 3. Appropriation - adjustment in 1999 long bill. (1)
2 In addition to any other appropriation, there is hereby appropriated, out
3 of any moneys in the general fund not otherwise appropriated, to the
4 department of human services, for the fiscal year beginning July 1, 1999,
5 the sum of one million eight hundred fifty-seven thousand nine hundred
6 dollars ($1,857,900), or so much thereof as may be necessary, for the
7 implementation of this act.
8 (2) For the implementation of this act, appropriations made in the
9 annual general appropriations act for the fiscal year beginning July 1,
10 1999, shall be adjusted as follows:
11 (a) The general fund appropriation to the capital construction fund
12 outlined in section 3 (1) (f) is reduced by one million eight hundred fifty-seven thousand nine hundred dollars ($1,857,900).
13 (b) The capital construction fund exempt appropriation to the
14 department of transportation, construction projects, is reduced by
15 $1,857,900 dollars ($1,857,900).
16 SECTION 4. Safety clause. The general assembly hereby finds,
17 determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.}