Digest of Bills - 2015 HUMAN SERVICES - SOCIAL SERVICES

Digest of Bills - 2015

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HUMAN SERVICES - SOCIAL SERVICES

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S.B. 15-12 Colorado works program - child support pass through to assistance recipients - appropriation.Pursuant to the Colorado works program, while a recipient is receiving assistance, the recipient must assign to the department of human services (state department) his or her right to receive child support for purposes of reimbursing the state for the assistance paid to the recipient. Effective January 1, 2017, upon the state department's notification that the relevant human services case management systems, including the automated child support enforcement system and the Colorado benefits management system, are capable of managing the distribution process for the pass-through, the act requires the state department to pass through to the recipient current child support collected by the state department pursuant to the assignment.

The act requires the state department to annually report to the joint budget committee the amount of child support passed through to recipients. Further, the amount of the child support pass-through will not be included in income for purposes of calculating the amount of the applicant's or participant's basic cash assistance payment; however, the child support payments, with applicable disregards, are considered income for purposes of determining eligibility.

The general assembly may appropriate to the state department moneys sufficient to reimburse the counties for fifty percent of child support collections and the federal government for its share of child support collections. In any fiscal year in which the general assembly does not appropriate the full amount necessary to reimburse the county for the pass-through, the county is not required to, but may, implement the child support pass-through.

The act appropriates $315,509 in general fund moneys to the state department for changes to the automated child support enforcement system and for implementation contractor costs. In addition, the act anticipates that the state department will receive $553,386 in federal funds for use by the office of self sufficiency. The federal funds will be used for the same purposes as the general funds.

APPROVED by Governor June 5, 2015
EFFECTIVE August 5, 2015

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 15-65 Use of electronic benefit cards - prohibited locations. Federal law requires states to prevent recipients of public benefits from using electronic benefits transfer cards (EBT cards) at liquor stores, gambling establishments, and adult-oriented entertainment establishments. Current Colorado statutes prohibit the use of EBT cards by recipients at automated teller machines (ATM) in liquor stores, gambling establishments, and firearms dealers. The act extends the Colorado prohibitions to establishments licensed to sell marijuana or marijuana-infused products and to adult-oriented entertainment establishments.

The act requires the owner of an ATM to reprogram the machine to allow recipients to use the machine when it is moved from a prohibited location.

APPROVED by Governor May 1, 2015
EFFECTIVE May 1, 2015

S.B. 15-87 Foster care - emergency placement - placement with noncertified kin - criminal background checks and other background checks - rules. A county department of human services or of social services (county department) or child placement agency is required to perform and document that the following 5 types of background checks have been performed of the applicant, an employee, or any adult residing in the foster care home prior to placing a child in a foster care home and when certifying or recertifying the applicant or operator of a foster care home:

• A fingerprint-based criminal history record check with the CBI;
• A fingerprint-based criminal history record check with the FBI;
• A comparison check of the criminal history records on the state judicial department's ICON system;
• A check that the individual is not a registered sex offender on the state's sex offender registry or in another state as checked on the national sex offender public registry operated by the U.S. department of justice; and
• A check through the state department of human services' automated database system that the individual has not been identified as having a finding of child abuse or neglect.

These background checks must be performed for any adult residing in the foster care home, not just those who reside in the home and are acting as a caregiver for the child.

The act revises the definition of "foster care" to clarify that it includes a kinship foster care home. The act defines "kin", "kinship foster care home", and "noncertified kinship care". The act revises the definition of "county department" to reflect that county departments are referred to as county departments of human or social services. The act repeals the definition of salaried foster parent related to a pilot program repealed in 2009.

The act amends the existing list of disqualifying criminal offenses for persons providing foster care or other types of out-of-home placement to include any offense involving unlawful sexual behavior, not just felony offenses.

The state board of human services (state board) shall adopt rules governing the background checks and documentation for foster care homes and concerning what the county department or child placement agency must do if a disqualifying factor or problem is found from the background checks. The rules must also specify sanctions that the state department of human services (state department) may place upon a county department or child placement agency that fails to perform or document background checks for foster care homes.

The act requires the county department to share with the guardian ad litem the reports of fingerprint-based criminal history record checks from the CBI and the FBI if the court orders the county department to share that information with the guardian ad litem.

The act clarifies what background checks are required and the sequence of steps for background checks when a child is taken into temporary custody and placed with a relative in emergency placement. The county department or a local law enforcement agency must immediately perform the initial criminal history record check prior to placing the child in temporary custody with the relative. The local law enforcement agency is required to immediately provide the county department with a verbal response regarding the person's criminal history based on the initial criminal history record check. The child may not be placed with the relative if the initial criminal history record check reflects a criminal history of committing certain disqualifying crimes. If the relative has not been disqualified as an emergency placement, then the relative shall report to a local law enforcement agency, or to the county department, if the county department has a fingerprint machine, to submit fingerprints for a fingerprint-based criminal history record check used to determine if the child may remain in that emergency placement. The county department is required to confirm within 15 days that the relative has self-reported to a law enforcement agency to obtain a fingerprint-based criminal history record check. If the relative is found to have committed certain crimes, the county department or law enforcement agency must remove the child from the relative's care.

If the relative was not disqualified as a continued emergency placement after the fingerprint-based criminal history record check, the bill requires the county department to conduct the following background checks of the relative and of any person residing with the relative:

• A check of the judicial department's ICON system to determine the status or disposition of any criminal charges;
• A check of the state department's automated database to determine if the person has been identified as having a finding of child abuse or neglect and whether such finding presents an unsafe placement for the child; and
• A check of the state sex offender registry and the national sex offender public registry to see if the person is a registered sex offender.

If information is found from the additional background checks of the relative that indicate that continued placement with the relative would no longer be safe for the child, the county department is required to remove the child from that placement.

The county department is required to request that a local law enforcement agency perform a fingerprint-based criminal history record check of any person residing in the home. The local law enforcement agency is required to provide the results of the criminal history record checks within 48 hours. If the fingerprint-based criminal history record check indicates that a person residing in the home has committed certain disqualifying crimes or the other background checks raise issues about the safety of the child in the home, the county department shall evaluate the continued placement of the child in the home and develop a plan to address the issues within 14 days. The county department shall remedy the situation as quickly as possible and no later than 2 weeks after placement. The state board shall promulgate rules to address child safety and what must be considered in the evaluation.

The county department does not need to repeat fingerprint-based criminal history record checks of relatives or other persons residing in the home if those checks have been performed within the preceding 3 months; except that the county department shall repeat the other background checks and contact local law enforcement to verify if there were any new charges for offenses filed against the relative or other persons residing in the home. The county department may also request flagging of the fingerprints and automatic notification of new arrests when the person is also applying for foster care certification.

A county department is required to conduct background checks for a relative who is providing noncertified kinship care when the placement with a relative is not an emergency placement. A county department shall not place a child in noncertified kinship care if the kin or an adult who resides with the kin at the home:

• Has been convicted of certain disqualifying criminal offenses;
• Is a registered sex offender in the state sex offender registry or national sex offender registry; or
• Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and that finding has been determined to present an unsafe placement for the child.

However, a county department may make a placement with noncertified kin that would otherwise be disqualified or allow continued placement with noncertified kin if an adult residing in the home would otherwise be disqualified if such placement occurs according to rules on reviewing placement and addressing safety issues promulgated by the state board or if there is county-initiated court involvement and an order of the court affirming placement of the child with the kin.

The state board shall adopt rules on reviewing the placement of children in noncertified kinship care, including rules requiring the performance and documentation of criminal background checks and other background checks of relatives and residents in the home, reviewing placement and addressing safety issue when there are disqualifying factors or safety issues, and identifying alternative remedies to removal of the child from the placement.

The court is directed to inquire whether there is documentation that a foster care provider or family member who is seeking to care for a child and any person residing with the foster care provider or family member have had the required criminal and other background checks when a child is in out-of-home placement and the court is placing a child in the legal custody of a family member or, after termination of the parent-child legal relationship, when the court is placing the child in the legal custody of a county department for placement in a foster care home, or when a family member requests that a child be placed with the family member.

APPROVED by Governor June 2, 2015
EFFECTIVE June 2, 2015

S.B. 15-178 Colorado commission for the deaf and hard of hearing - membership - duties - terms of office - continuation under sunset law. In accordance with the recommendation of the department of regulatory agencies contained in its sunset review, the act continues the Colorado commission for the deaf and hard of hearing for 9 years, until 2024. In addition, the act:

• Requires the commission to report to the general assembly annually, on or before September 1 of each year, with recommendations for administrative and legislative changes that would benefit the deaf and hard of hearing community;
• Limits the terms of commissioners to 2 consecutive 4-year terms;
• Repeals the requirement for senate confirmation of commissioner appointments;
• Clarifies that the commission also serves persons who are deaf-blind;
• Changes the membership of the commission to add a commissioner who is deaf-blind in place of the existing position for a member of the public; and
• Makes technical changes to the commission's enabling statute to remove obsolete or conflicting language.

APPROVED by Governor May 1, 2015
EFFECTIVE July 1, 2015

S.B. 15-204 Child protection services - abuse and neglect - office of the child protection ombudsman - appropriation. Currently, the office of the child protection ombudsman (office) operates within the department of human services (department), with the administration of the program and office awarded by the department through a contract. The act removes the office from the department and establishes it within judicial department as an independent agency. An independent nonpartisan child protection ombudsman board (board) is established and membership criteria set forth.

The board's duties include overseeing personnel decisions related to the child protection ombudsman (ombudsman); ensuring accountability and consistency in the operating policies and procedures for the office; working cooperatively with the ombudsman to provide fiscal oversight for the office; assisting with the memorandum of understanding, to be signed no later than November 1, 2015, between the office and the department; and collaborating with the judicial department and the office on the creation of an administrative memorandum of understanding between the judicial department and the office, to be signed no later than November 1, 2015, with an effective date of no later than January 1, 2016.

The current contract under which the office operates may be extended until December 31, 2015, and may be revoked earlier upon the agreement of all parties, but no sooner than the effective date of the memorandum of understanding between the judicial department and the office.

The office is given the authority to make direct funding recommendations to the joint budget committee of the general assembly for the office's operations. The office is required to submit its own annual SMART performance report to the general assembly.

For the 2015-16 state fiscal year, $351,086 is appropriated to the judicial department for an additional 2.2 FTE for administrative matters related to the office, capital and infrastructure maintenance related to the office, and actual operations of the office.

APPROVED by Governor June 2, 2015
EFFECTIVE June 2, 2015

S.B. 15-240 Individuals with disabilities - independent living centers - funding. The act instructs the state department of human services to promulgate a rule for the distribution of state moneys to independent living centers.

APPROVED by Governor May 1, 2015
EFFECTIVE May 1, 2015

S.B. 15-241 Collaborative management of multi-agency services program - appropriation. With respect to collaborative management of multi-agency services provided to children and families (program), the act:

• Clarifies that children or families do not need to be in the child welfare or foster care system to receive services under the program;
• Clarifies that the department of human services (department) is responsible for ensuring statewide consistency relating to the requirements for program memoranda of understanding;
• Clarifies the definition of the target population for the program;
• Requires the department and specified persons to develop performance measures for the system of collaborative management, which measures may be modified biennially;
• Requires parties to a program memorandum of understanding to identify performance measures, report to the department concerning those measures, and participate in an annual program evaluation of their success in meeting the identified performance measures;
• Clarifies that incentive funding is provided to parties to a memorandum of understanding who have successfully met or exceeded the identified performance measures as reported to the department;
• Removes references to "elements of collaborative management"; and
• Authorizes the department to use general fund moneys for program incentives.

The act appropriates $1,856,635 to the department for use by the division of child welfare for implementation of the program, administration, program incentives, and annual program evaluations.

APPROVED by Governor May 1, 2015
EFFECTIVE May 1, 2015

S.B. 15-242 Child welfare - staffing - funding - allocation formula - appropriation. The act directs the child welfare allocations committee (committee) to develop a formula to allocate additional funding (allocation) to counties in addition to the child welfare block grant for the specific purpose of hiring new child welfare staff at the county level. Any county receiving such an allocation shall continue to fund any child welfare staff existing as of January 1, 2015, through its child welfare block grant. Each county that receives an allocation shall provide a 10% match to state and federal moneys; except that a county that qualifies as tier 1 or tier 2 for purposes of the county tax base relief fund shall be funded at 100% of state and federal funds provided.

The state department of human services (department) is authorized and required to contract for an external study concerning the child welfare caseload by county. The results of the study shall be provided to the committee, which shall modify the formula as necessary after receiving the results of the child welfare caseload study.

The act appropriates $6,320,443 to the department to implement the act.

APPROVED by Governor May 1, 2015
EFFECTIVE May 1, 2015

S.B. 15-243 Medicaid - regional centers - prohibition on transfer of state-operated beds. The act prohibits the department of human services (department) from closing or selling, prior to May 16, 2016, state-operated beds licensed pursuant to the Medicaid home- and community-based services for individuals with developmental disabilities waiver. Further, individuals transitioned to the community unsuccessfully within the preceding six months must be permitted to return to a state-operated regional center, and the department shall maintain an adequate number of beds at the regional centers for these individuals.

APPROVED by Governor May 1, 2015
EFFECTIVE August 5, 2015

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 15-1078 Child welfare - missing children - report to law enforcement.The act requires the state department of human services or a county department of human or social services that has legal custody of a child or youth to report the child's or youth's disappearance to the National Center for Missing and Exploited Children and to law enforcement immediately, or no later than 24 hours after learning of the disappearance. Law enforcement authorities shall notify the Colorado bureau of investigation for transmission to the federal bureau of investigation for entry into the national crime information center database.

APPROVED by Governor March 20, 2015
EFFECTIVE January 1, 2016

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 15-1188 Vocational rehabilitation. The act addresses concerns identified by a recent audit of the state vocational rehabilitation program for persons with disabilities (program). Several areas of statute are repealed because they did not comply with federal regulations. The act clarifies that the program does not entitle an eligible person with a disability to unlimited services from the program. Numerous duties are statutorily assigned to the state department of human services, including the responsibility to complete a comprehensive assessment and develop employment outcomes or goals, including time frames, for each person with a disability receiving services; the requirement to develop a fee schedule for goods and services; and the requirement to close the record of services in a timely manner for a person with a disability after he or she has achieved his or her employment outcomes or goals. The state department of human services shall also establish a review process to allow for exceptions to the new requirements in unique cases. Language concerning recovery of state moneys for vocational rehabilitation services received through misrepresentation, fraud, collusion, or criminal conduct is added to statute.

APPROVED by Governor March 30, 2015
EFFECTIVE March 30, 2015

H.B. 15-1248 Screening foster care parents - child placement agencies - access to reports of child abuse and neglect - appropriation. The act allows a designated person at each child placement agency, in accordance with certain conditions outlined in the act, to access records and reports of child abuse or neglect (TRAILS system) for the purpose of screening current or prospective foster parents, any adult residing in the home of a current or prospective foster parent, and specialized group facilities. The department of human services shall monitor the child placement agencies' access to TRAILS to ensure compliance with statute.

The act appropriates $37,138 to the department of human services for use by the division of child welfare to monitor TRAILS usage by child placement agencies and for information technology services for TRAILS.

APPROVED by Governor June 5, 2015
EFFECTIVE July 1, 2015

H.B. 15-1255 Electronic benefit transfer cards - reports on improper use - rules for prohibited establishments. The act requires the department of human services (department) and the department of revenue to submit reports to specified committees of the general assembly on improper use of electronic benefits transfer cards (EBT cards) at certain prohibited locations.

The act requires the department to adopt rules enforcing the prohibition against the use of EBT cards at prohibited establishments, including increasing penalties for repeated violations.

The act requires the department of revenue to promulgate rules for establishments regulated by the department of revenue:

• Requiring the operators of establishments in which EBT cards are prohibited and in which an automated teller machine (ATM) is located to post a sign notifying users that they are prohibited from accessing benefits with an EBT card at the ATM. The bill specifies a statement that must appear on the sign.
• Requiring operators of such establishments to take measures to prevent clients from using EBT cards at ATMs in their establishments;
• Establishing methods to enforce measures by operators to prohibit clients from using an ATM at prohibited locations, including increasing penalties; and
• Exempting an establishment from the above requirements if it provides to the department of revenue a statement from the owner or operator of each ATM in the establishment that the ATM will not accept EBT cards, but authorizing the department of revenue to impose sanctions for unauthorized use.

APPROVED by Governor May 1, 2015
EFFECTIVE May 1, 2015

NOTE: Certain sections of the act are contingent on whether or not Senate Bill 15-065 becomes law. Senate Bill 15-065 was signed by the governor May 1, 2015.

H.B. 15-1358 Child abuse or neglect - differential response program. The differential response pilot program for child abuse or neglect cases of low or moderate risk was created in 2010 and scheduled for repeal on July 1, 2015. The act establishes the pilot program as a permanent program by removing the repeal. Participation in the program by county departments of human or social services is voluntary. The reporting requirements for the pilot program are repealed.

APPROVED by Governor May 14, 2015
EFFECTIVE May 14, 2015

H.B. 15-1365 Tony Grampsas youth services program - membership. The act adds 2 youth members to the Tony Grampsas youth services board and allows the youth members to receive a per diem compensation for their service.

APPROVED by Governor May 29, 2015
EFFECTIVE August 5, 2015

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 15-1370 Records - county human or social services departments - access by county auditor. Access to or publication of certain records containing personal identifying information that are held by a county department of human or social services is prohibited or limited under current law. This includes county department records relating to public assistance and welfare, at-risk adults, and child abuse and neglect. The state department of human services also has authority to establish rules restricting the use and disclosure of this information.

The act requires a county department of human or social services to provide an auditor who is conducting a financial or performance audit of the county department access to these records, including any personal identifying information necessary to achieve the purposes of the audit. The authorization applies to an auditor retained by a county or authorized pursuant to a county charter or ordinance.

The act prohibits an auditor from disclosing or releasing to any person or in an audit report any information, including personal identifying information, that is obtained pursuant to a county department audit and required to be kept confidential by law. A person who unlawfully releases this confidential information is subject to the applicable criminal penalty.

APPROVED by Governor June 5, 2015

EFFECTIVE June 5, 2015

Digest of Bills - 2014 HUMAN SERVICES - SOCIAL SERVICES

Digest of Bills - 2014

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HUMAN SERVICES - SOCIAL SERVICES

S.B. 14-3 Child care - child care assistance program - cliff effect pilot program - appropriation. The act makes several changes to the statute that created a pilot program to address the cliff effect that occurs when working parents in the Colorado child care assistance program (CCCAP) receive a minor increase in their income that makes them ineligible for child care assistance and the increase in wages is not enough to cover the costs for child care without the child care assistance. The cliff effect pilot program was designed to allow families to remain in the CCCAP program notwithstanding the increase in income. The changes to the statute governing the pilot program include:

• Extending the duration of the cliff effect pilot program;
• Allowing counties to limit participation in the pilot program to a reasonable percentage of their CCCAP caseload instead of having to cover all of their CCCAP caseload;
• Allowing counties to limit participation in the pilot program to families who enter CCCAP with children who are 36 months of age or younger;
• Allowing counties to have more flexibility in designing a pilot program that best addresses their specific community needs;
• Clarifying the data collection and reporting responsibilities of the county departments of human services and the department of human services (department) about the pilot program.

A county department selected to participate in the pilot program may apply for a grant through a grant program funded through the newly created Colorado child care assistance cliff effect pilot program fund (fund). Grant moneys may be used at the county's discretion for administrative costs and the costs of providing continued benefits to families participating in the pilot program. The state department may adopt rules as necessary concerning the application process for the grant program.

The cliff effect program is repealed, effective July 1, 2020.

The department is directed to report annually about CCCAP and the results of the pilot program to the public health care and human services committee of the house of representatives and to the health and human services committee of the senate, or any successor committees. The act lists the items that should be included in the annual report.

For the 2014-15 fiscal year, the act appropriates:

• $1,200,000 to the fund for the implementation of the fund;
• $1,200,000 from the fund to the department of human services; and
• $69,453 and 1.0 FTE to the department of human services for implementation of the cliff effect pilot program.

APPROVED by Governor May 22, 2014
EFFECTIVE May 22, 2014

S.B. 14-12 Aid to the needy disabled - increase in assistance payment - pilot program - rules - appropriations.The act requires the department of human services (department), by rule, to increase the assistance payment under the program for aid to the needy disabled to an amount equal to the amount of the payment for the 2013-14 state fiscal year increased by 10%. For state fiscal years 2015-16 through 2018-19, subject to available appropriations, the department is encouraged to restore the assistance payment to the state fiscal year 2006-07 level and to adjust the assistance payment for increases in the cost of living.

The act permits the department to promulgate rules describing the conditions under which a county department may waive the requirement that a person apply for federal supplemental security income benefits prior to receiving aid to the needy disabled assistance payments.

The act creates the federal supplemental security income application assistance pilot program (pilot program) in the department to assist persons applying for the program for aid to the needy disabled in completing federal applications for supplemental security income benefits and social security disability insurance benefits. The department shall award a competitive contract to a nonprofit organization to implement the pilot program. The pilot program repeals in 2 years.

The act amends the state supplemental security income stabilization fund to require that an amount not exceeding 20% of the total appropriation for the applicable fiscal year in the annual general appropriations act for the program for aid to the needy disabled remain in the stabilization fund at the end of the fiscal year.

The act makes the following appropriations to implement the act:

• Decreases the appropriation in the 2014 long bill to the controlled maintenance trust fund by $1,240,067;
• $1,495,144 to the department, for the program for aid to the needy disabled and the pilot program and reappropriated funds for modifications to the Colorado benefits management system;
• $4,697 to the department of health care policy and financing for modifications to the Colorado benefits management system; and
• $13,764 to the office of state planning and budgeting for information technology out of reappropriated funds from the department.

APPROVED by Governor May 22, 2014
EFFECTIVE August 6, 2014

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 14-1015 Transitional job program - appropriation. Current law directs the department of human services (department) to administer a transitional jobs program (program) through December 30, 2014. The act extends the program through June 30, 2017, but prohibits offering new transitional jobs after December 31, 2016.

The act authorizes $800,000 of the appropriation for the program in 2013-14 to be carried forward to 2014-15 and appropriates an additional $395,270 to the department for the 2014-15 fiscal year.

APPROVED by Governor May 15, 2014
EFFECTIVE August 6, 2014

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 14-1317 Child care - Colorado child care assistance program - rules - appropriation. The act makes several modifications to the Colorado child care assistance program (program), including:

• The state department of human services (state department) shall establish provider rates for each county every other year;
• The state-established provider reimbursement rates must include a system of tiered reimbursement for providers that enroll children in the program;
• After notice to the state department, a county may opt out of the state-established provider reimbursement rates and negotiate its own rates with providers, so long as the county-established provider reimbursement rates include a system of tiered reimbursement for providers that enroll children in the program;
• Subject to available appropriations, the state department shall conduct a study to examine private payment tuition rates and how those rates compare to the program rates set by the state and the counties and whether those rates achieve the federal requirement of equal access. The study must also examine reasons why licensed providers choose to limit or deny access to program-subsidized families.
• Subject to available appropriations, counties are directed to provide child care assistance to a person or family whose income is not more than 165% of the federal poverty level;
• The board shall adopt new rules for determining the amount of copayment a participant in the program must pay. The rules must include a provision that for a family living at 100% of the federal poverty level, the copayment must be restricted to 1% of the family's gross annual income.
• The rules concerning participant copayment must also establish a tiered copayment schedule that increases the copayment gradually as the participant's income approaches self-sufficiency income levels. The participant's income should reflect an average of income over time to account for variations in wages, work schedules, or seasonal employment.
• A county shall set the exit-income-eligibility threshold at a level higher than the entry-income-eligibility level, at an income level needed for a family of the size receiving the child care assistance to achieve a self-sufficiency standard of living in that county, at a level not to exceed 85% of the state median income for a family of the same size, and in a manner so that a family does not lose child care assistance due to a modest increase in the parents' income above their entry-income-eligibility level;
• In current rule, a participant in the program who loses employment can remain in the program for only 30 days while actively searching for employment. The act increases that time to at least 60 days, assuming all other eligibility criteria are met.
• The act creates a new eligibility activity by allowing a parent who is not employed but who is either enrolled in a postsecondary or workforce training program to participate in the program for up to 2 years that he or she is enrolled in the postsecondary or workforce training program;
• A county may give priority for services to a working family over a family enrolled in postsecondary education or workforce training;
• The act makes it a statutory requirement that the hours for the provision of child care services through the program must not be directly linked to a participant's employment, education, or workforce training schedule, and the number of hours authorized for child care should be based on the number of hours the parent is participating in an eligible activity and the child's needs for care;
• The act requires a county to allow for presumptive eligibility of a participant for at least 30 days while awaiting verification of an application to the program;
• To the extent practicable, and with certain exceptions, the duration of a child care authorization notice for a child enrolled in the program must be the same as the child care eligibility period for the child's family;
• Income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a family may provide evidence of up to 12 of the most recent months of income if it more accurately reflects the family's current income level;
• Counties are given the authority to develop a voucher system for relative or unlicensed child care for families enrolled in the program;
• Counties are given permission to use their program allocations to provide direct contracts or grants to early care and education providers for a county-determined number of program slots for a 12-month period to increase the supply and improve the quality and continuity of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods;
• Counties are required to provide participants and child care providers with at least 45 days' notice prior to the effective date of any change in income-eligibility levels;
• Counties are required to post eligibility, authorization, and administration policies and procedures so they are easily accessible to a layperson;
• Administrative changes in the act include allowing a county to use eligibility determination information from other public assistance programs and systems to determine program eligibility, allowing a child care provider to accept a participant's program application and submit it to the county on behalf of the family seeking enrollment in the program, and requiring each county to maintain a current and accurate program waiting list;
• Counties shall reimburse providers, separate from regular reimbursement rates according to the following schedule: for providers in the first level of the state department's quality-rating and improvement system (system) for no fewer than 6 absences or holidays per year; for providers in the second level of the system for no fewer than 10 absences or holidays per year; and for providers in the top 3 levels of the system for no fewer than 15 absences or holidays per year; and
• The state department is directed to prepare an annual report on the program.

The act appropriates $9,922,744 to the state department to implement the act and $44,529 to the department of health care policy and financing for charges to the Colorado benefits management system.

APPROVED by Governor May 22, 2014
EFFECTIVE May 22, 2014

H.B. 14-1358 Medicaid - home- and community-based services - in-home support services - continuation of program. The act continues in-home support services until September 1, 2019, and requires a review of the program by the department of regulatory agencies prior to repeal.

The act permits persons who are participating in the spinal cord injury waiver program to receive in-home support services.

APPROVED by Governor May 22, 2014
EFFECTIVE August 6, 2014

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

Session Laws of Colorado Digest of Bills General Assembly

Digest of Bills - 2013 HUMAN SERVICES - SOCIAL SERVICES

Digest of Bills - 2013

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HUMAN SERVICES - SOCIAL SERVICES

S.B. 13-47 Youth in foster care - identity theft protections - appropriation. The act amends the statute for protection of youth in foster care against identity theft by:

• Removing the exclusion of youth who are in the custody of the division of youth corrections or a state mental hospital;
• Expanding the ages of the youth covered to any youth who is at least 16 years of age or older and in foster care; and
• Requiring the department of human services or a county department of human or social services to obtain annual credit reports rather than a single report.

The act appropriates the sum of $24,334 out of the general fund to the department of human services for the implementation of the act.

APPROVED by Governor May 28, 2013

EFFECTIVE May 28, 2013

S.B. 13-111 Wrongs to at-risk adults - mandatory reports of abuse and exploitation of at-risk elders - penalties - appropriation.Current law states that specified professionals who have reasonable cause to believe that a person 18 years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs (at-risk adult) should report that fact to a county department of social services (county department) or a local law enforcement agency.

Under the act, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who willfully fails to report and a person who submits a false report commit a class 3 misdemeanor.

The act specifies the duties of law enforcement agencies upon receipt of a report. The act establishes certain civil immunity and does not establish a duty or standard of care.

The act adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters.

A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft.

The act requires the peace officers standards and training board to establish a training curriculum on at-risk elders and requires law enforcement agencies to employ at least one peace officer who has completed the training.

On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the senate; the health, insurance, and environment committee of the house of representatives; and the public health care and human services committee of the house of representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders.

The act directs the department of human services to implement a program to generate awareness of mistreatment of at-risk adults and statutory provisions

Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The act changes this definition to raise the minimum age of 60 years of age to 70 years of age.

The act repeals provisions concerning protection against financial exploitation of at-risk adults and the elder abuse task force.

The act appropriates $3,171,208 to the department of human services.

APPROVED by Governor May 16, 2013

EFFECTIVE May 16, 2013

S.B. 13-231 Title IV-E waiver demonstration project - cash fund - rule-making authority.The act creates the Title IV-E waiver demonstration project (project) in the department of human services (department). The department is authorized to enter into performance agreements with individual counties or groups of counties for the purpose of the project. The act creates the Title IV-E waiver demonstration project cash fund to defray costs associated with complying with performance agreements. The state board of human services is authorized to promulgate rules for the implementation of the project and is required to submit a report on the outcomes of the project.

APPROVED by Governor May 14, 2013

EFFECTIVE May 14, 2013

S.B. 13-255 Child fatality review teams - duties - appropriation. The act requires county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team.

It details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE.

The act revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams and adds a definition of a "local or regional review team".

It amends the membership of CDPHE's state-level child fatality prevention review team (CDPHE state review team) to include a member from the office of Colorado's child protection ombudsman and to make numerous currently nonvoting positions into voting positions. The act tasks the CDPHE state review team with the following duties:

• To conduct an individual case-specific review of every child abuse or neglect fatality in Colorado, if a local or regional review team has not conducted such a review;
• To conduct a review of systemic child welfare issues;
• To utilize a child fatalities data-collection system;
• To collaborate with the Colorado department of human services child fatality review team (CDHS review team) to make joint recommendations for the prevention of child abuse and neglect fatalities;
• To work directly with professionals who have information regarding the cause or circumstances leading to a child's fatality;
• Subject to available appropriations, to administer moneys to county and district public health agencies to support local and regional review teams;
• To provide training and technical assistance to local and regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations, as well as strategies for convening a local or regional review team, establishing methods of notification after a child fatality, and strategies to address conflicts of interest; and
• To provide an annual data report to local and regional review teams.

Prior to the act, the CDHS review team is required to conduct an in-depth case review after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect (incident) when the child or family has had previous involvement with the state or county within the previous 2 years. The act changes that time frame to 3 years.

The CDHS review team is given the additional duty to make annual policy recommendations that address systems involved with children and to follow up on specific system recommendations. The CDHS review team is required to make annual reports to both the public and the legislature concerning such recommendations.

Prior to the act, the CDHS review team was required to complete a draft, confidential, case-specific review report and submit the draft to any county department of social services with previous involvement with the child or family related to the incident within 30 days. That 30-day period is extended to 55 days.

Language is added to ensure that any information released to the public by the CDHS review team is not contrary to the best interests of the child who is the subject of the report, or his or her siblings, is in the public's interest, and is consistent with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010".

The act appropriates $456,966 and 4.0 FTE to the department of public health and environment and $63,755 and 1.0 FTE to the department of human services from the general fund for costs related to the implementation of the child fatality review teams in each department.

APPROVED by Governor May 14, 2013

EFFECTIVE May 14, 2013

H.B. 13-1055 Works program - redetermination of eligibility. The act removes the requirement that annual redetermination of eligibility for the Colorado works program be done in person and allows the department to use other methods to determine continued eligibility for the program.

APPROVED by Governor March 8, 2013

EFFECTIVE August 7, 2013

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 13-1084 Child care licensing - issuance of a new FEIN to a licensee - treatment as a renewal. When a child care center or similar entity previously licensed under the "Child Care Licensing Act" is issued a new federal employee identification number (FEIN), the state department of human services is required to treat the licensee's status as a renewal instead of requiring submission of an original application when:

• The reason for the new FEIN is solely due to a change in the corporate structure;
• Either the management or governing body of the entity remains the same as originally licensed; and
• The facility or facilities are the same as those originally licensed.

In that circumstance, only newly hired employees shall be required to undergo criminal background checks.

APPROVED by Governor March 15, 2013

EFFECTIVE August 7, 2013

NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 13-1087 Child welfare allocation committee - works allocation committee - membership. The act increases the membership of the child welfare allocation committee and the works allocation committee to 11 members each and allocates the appointment of members between a statewide association of counties and the state department of human services.

APPROVED by Governor March 15, 2013

EFFECTIVE March 15, 2013

H.B. 13-1117 Child development programs - alignment - early childhood leadership council - transfer of programs to department of human services - appropriation. The act states the general assembly's finding that it is in the state's best interest for a specific office within the department of human services (department) to administer early childhood programs. The department has the responsibility to administer early childhood programs and to assist the state board of human services in awarding grants. Participation in any early childhood program is voluntary and is not intended to interfere with parental rights.

The act moves the early childhood leadership council (ECLC) from the governor's office to the department. The overall ECLC membership is reduced from 35 to 20 members by removing representatives of the office of information technology, the office of economic development, the state workforce development council, and the legislature. The reconstituted ECLC includes representatives from the local public health community. The ECLC's duties are changed to include more advising and monitoring of efforts around early childhood programs. The ECLC was scheduled to repeal July 1, 2013; this date is extended to September 1, 2018.

The act relocates several boards and programs from the department of public health and environment to the department of human services without substantive change:

• The nurse home visitation program;
• The Tony Grampsas youth services program, the Colorado youth mentoring services program, the Colorado student dropout prevention and intervention program, and the Colorado student before-and-after-school project;
• The Colorado Children's Trust Fund and its board; and
• The family resource center program.

The act adjusts the general appropriations act for the 2013-14 budget year by moving appropriations from the department of public health and environment to the department of human services based on the transfer of the programs.

APPROVED by Governor May 7, 2013

EFFECTIVE July 1, 2013

H.B. 13-1271 Child welfare - child abuse reporting hotline system - steering committee - implementation - rules on consistent screening, assessment, and decision-making in response to reports of child abuse and neglect and to inquiries made to county departments and to the hotline system - appropriations. The act authorizes the creation of a child abuse reporting hotline system (hotline system) that provides a uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report about possible child abuse or neglect and that is advertised to the public as a place for reporting known or suspected child abuse or neglect (report) or for making a request for information or services (an inquiry). The hotline system will be developed through a statewide child abuse hotline steering committee (steering committee) that includes state, county, and comprehensive and appropriate stakeholder representation. The state department of human services (state department) is required to appoint a person to the steering committee who is a primary provider of emergency services and is familiar with the emergency telephone system that uses the single 3-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations.

The act declares that the purpose of the hotline system is to enhance the current child welfare system and to provide an additional option for the public to make an initial report or inquiry. A county department of social services (county department) will retain screening responsibilities, unless the board of county commissioners of that county has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the state department.

The steering committee will develop an implementation plan for the hotline system to be advertised to the public and make recommendations for rules relating to the hotline system and providing consistent practices in response to reports and inquiries. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director of the state department, who shall provide the report to the state board of human services (state board).

The hotline system will provide some method of contact to the public that is available 24 hours a day, 7 days a week. The hotline system shall be operational and publicized to the public statewide no later than January 1, 2015.

With the express written consent of the board of county commissioners, a county department may request that the state department assist that county department with taking reports of possible child abuse and neglect and inquiries from the public. The executive director must approve of this arrangement in writing.

The state board is given rule-making authority to adopt rules, based upon the recommendations of the steering committee, governing the following:

• The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for taking a report or responding to an inquiry, including but not limited to a single statewide toll-free telephone number, and including technologies for language translation and for communicating with people who are deaf or have hearing impairments, with flexibility to adapt the methods to changing and emerging technologies as appropriate;
• The operation of the hotline system, including the central record-keeping and tracking of reports and inquiries statewide, and a requirement that record-keeping and tracking of reports and inquiries be accessible to all counties;
• Standards and steps for information and referral (instances where there is no report of abuse or neglect but the person contacting the county department or the hotline system is making an inquiry);
• How an initial contact to the hotline system is directly routed to the applicable entity responsible for taking a report or responding to an inquiry;
• A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours, subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and that the arrangement must be approved by the executive director;
• A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;
• Standardized training and certification standards for all staff prior to receiving reports and inquiries;
• A consistent screening process with criteria and steps for the county department to respond to a report or inquiry;
• A consistent decision-making process with criteria and steps for a county department to follow when deciding how to act on a report or inquiry and when to take no action on a report or inquiry.

The state department will make periodic reports about the hotline system and the adoption of rules to the appropriate legislative committee of the general assembly.

The act appropriates $200,000 to the department of human services for fiscal year 2012-13 to implement the act. The act appropriates $529,800 to the department of human services for fiscal year 2013-14 to obtain computer center services to implement the act.

APPROVED by Governor May 14, 2013

EFFECTIVE May 14, 2013

Session Laws of Colorado Digest of Bills General Assembly