Date: 03/19/2009

Final
BILL SUMMARY for HB09-1306

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Moved to adopt prepared amendment L.001 (Attachmen
Moved to adopt prepared amendment L.002 (Attachmen
Moved to postpone House Bill 09-1306 indefinitely.
Moved to refer House Bill 09-1306, as amended, to 		Pass Without Objection
Pass Without Objection
PASS
FAIL



03:44 PM -- The committee took a brief recess.

03:53 PM -- House Bill 09-1306

The committee reconvened. Representative Nikkel presented House Bill 09-1306, which sets forth procedures for reporting incidents of abuse or neglect at juvenile detention facilities operated by the Department of Human Services (DHS). The bill requires the DHS to establish a telephone hotline for juveniles and their families to call to report injuries or abuse. Representative Nikkel discussed her concern with the fiscal note. She spoke to amendments L.001 and L.002 (Attachments H and I respectively). She stated that amendment L.001 will reduce the fiscal note. Representative Nikkel provided a packet of information to the committee including:

09HouseHHS0319AttachH.pdf 09HouseHHS0319AttachI.pdf

04:06 PM -- John Gomez, Division of Youth Corrections, Colorado Department of Human Services, testified in opposition to the bill. Mr. Gomez referred to a chart which provides a side by side comparison between requirements that are currently in statute or in rule versus requirements under the bill (Attachment O). He stated that many of provisions that are in the bill are already in statute. He stated that when staff become hesitant to intervene when a violent situation occurs, it can then become a serious situation. He stated that the bill poses too many unintended consequences. He emphasized that the facilities in question are not child care facilities, but juvenile detention centers. He stated that children in youth detention centers are ordered by the court to detention, which indicates that they are a danger to their environment.

09HouseHHS0319AttachO.pdf

04:30 PM

 Mr. Gomez stated the Division of Youth Corrections staff have been authorized by the General Assembly to use reasonable force. He stated that if that authority is eroded, the youth could be put in more dangerous situations. He also stated that the Division of Youth staff do not carry weapons. A statement from the DHS in opposition to the bill was provided to the committee (Attachment P). Mr. Gomez acknowledged that the DHS is performing a systemic review of the child welfare system. He stated that the committee should wait for the recommendations of that review before implementing a significant change in law. Mr. Gomez responded to committee questions.

09HouseHHS0319AttachP.pdf

04:45 PM

Mr. Gomez explained to the committee the procedures in place when dealing with a potentially violent youth in a detention center. He explained that the youths are permitted to submit grievances to a number of people. Mr. Gomez responded to Representative Kefalas's question regarding how the division deals with a situation when a child does not feel safe to speak. He stated that the division has trained staff that know what to look for and that the staff is also provided on-going training.

05:10 PM -- Dr. Skip Barber, Director, Colorado Association of Family and Children Agencies, spoke in opposition to the bill. He stated that the youths in the detention centers frequently file reports alleging abuse. He stated that law enforcement keeps detailed records of these reports. He stated that the bill states that 'any injury incurred must be reported.' He stated that provision will cause a serious impact on the number of staff required to treat these children. He stated that the Child Welfare Action Committee is about a month away from making recommendations to the General Assembly and Governor regarding the child welfare system. He stated one of the potential recommendations is to create an office that would deal with appeals of alleged abuse complaints. He stated that after working in the state system for over 30 years, the system works and does self-report regarding alleged abuse. He reiterated that the bill duplicates many provisions already in statute.

05:20 PM -- Anders Jacobson, Director, Lookout Mountain Youth Services, Division of Youth Corrections, Department of Human Services, spoke in opposition to the bill. Mr. Jacobson stated that safety of the youth is the upmost importance to him as the director of a youth detention facility. He stated that the provisions in the bill will decrease the working relationship between the staff at the detention facility and the police department. He stated it would undermine the processes in place to deal with reporting of alleged abuse. He stated that in fifteen years in which he has worked in the system, it has worked effectively. He concurred with Mr. Gomez's testimony regarding the training of the staff in dealing with juvenile offenders. He stated that the bill would create an "us" versus "them" mentality and would not add to the therapeutic environment of the facility.

05:36 PM -- Ann Freeman, Regional Director of the Southern Region of the Colorado Youth Detention Centers, Division of Youth Corrections, Department of Human Services, testified in opposition to the bill. She described the population that is detained in the youth correction system. She stated that the bill does not add to the environment which has been established and would be a detriment to the gains made in the youth corrections facility. She stated that the installation of the hotline as proposed in the bill could be a significant danger to staff. She also said that if a child in a facility knows that if they make a report, the police will be called in, the police come in and take control of the situation. Ms. Freeman stated this will completely undermine the staff and their authority in these facilities. She also commented that the children in these facilities often do not want to change or to learn how to make different decisions.

05:56 PM -- Daryl Hollingsworth, Captain, Golden Police Department, Colorado Association of Chiefs of Police (CACP), and Guy Garner, police detective, Golden Police Department, spoke in opposition to the bill. Captain Hollingsworth stated that the bill is too broad as it is written. Captain Hollingsworth stated that police Detective Garner spends approximately 25 percent of his time addressing issues at the Lookout Mountain Youth Services detention center in Golden. He stated that if the bill passes, police Detective Garner would most likely spend all of his time at the facility, plus another detective would most likely be needed. Police Detective Garner stated that the police department is stretched to the limit at this time and asked the committee to take that into consideration.

06:13 PM -- George Kennedy, Deputy Executive Director, Office of Children, Youth, and Families, Department of Human Services, spoke in opposition to the bill. He acknowledged the spirit of the bill, but stated that he does not believe that the bill will accomplish increasing the protection of the youth currently detained in these facilities. Representative Kefalas encouraged Mr. Kennedy to open the process up to more transparency. Mr. Kennedy stated that he is open to discussion and welcomes any suggestions. He also reiterated that the Child Welfare Action Committee will be making recommendations to the General Assembly regarding the entire child welfare system, which includes the Division of Youth Corrections. Mr. Kennedy responded to committee questions.

06:34 PM -- John Malloy, representing himself, spoke in support of the bill. Mr. Malloy stated that he is a former correctional officer supervisor at the Platte Valley Youth Services Center. He provided a statement to the committee regarding his experience at Platte Valley Youth Services Center (Attachment Q). He stated that he believes the bill will improve the process of investigating and ensuring that residents have the opportunity to make allegations of abuse without interference from the staff members that may be abusing them. Committee members asked several questions of Mr. Malloy regarding his experience at Platte Valley Youth Services Center.

09HouseHHS0319AttachQ.pdf

06:55 PM

Representative Nikkel gave concluding remarks regarding the bill. She addressed comments related to the hotline and reiterated the bill's provisions concerning the hotline. She stated that the division appears to be scared of the potential of change, but encouraged the committee to read the intent of the bill. She stated that there has been a culture and pattern of abuse and that it is the General Assembly's responsibility to end it.
BILL:HB09-1306
TIME: 07:02:44 PM
MOVED:Nikkel
MOTION:Moved to adopt prepared amendment L.001 (Attachment H). Representative Nikkel stated that the amendment removes references to "injury" and replaces them with "child abuse and neglect". The motion passed without objection.
SECONDED:Green
VOTE
Acree
Fischer
Gerou
Green
Kefalas
Kerr J.
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1306
TIME: 07:03:54 PM
MOVED:Nikkel
MOTION:Moved to adopt prepared amendment L.002 (Attachment I). Representative Nikkel explained the amendment. The motion passed without objection.
SECONDED:Acree
VOTE
Acree
Fischer
Gerou
Green
Kefalas
Kerr J.
Nikkel
Primavera
Swalm
Gagliardi
Riesberg
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB09-1306
TIME: 07:05:52 PM
MOVED:Nikkel
MOTION:Moved to refer House Bill 09-1306, as amended, to the Committee on Appropriations. The motion failed on a vote of 3-8.
SECONDED:Kerr J.
VOTE
Acree
No
Fischer
No
Gerou
No
Green
No
Kefalas
Yes
Kerr J.
Yes
Nikkel
Yes
Primavera
No
Swalm
No
Gagliardi
No
Riesberg
No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1306
TIME: 07:21:07 PM
MOVED:Fischer
MOTION:Moved to postpone House Bill 09-1306 indefinitely. The motion passed on a 6-5 roll call vote.
SECONDED:Gagliardi
VOTE
Acree
No
Fischer
Yes
Gerou
Yes
Green
No
Kefalas
Yes
Kerr J.
No
Nikkel
No
Primavera
No
Swalm
Yes
Gagliardi
Yes
Riesberg
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:22 PM

The committee adjourned.