Thursday, August 27, 2015

Digest of Bills - 2012 HUMAN SERVICES - SOCIAL SERVICES



Digest of Bills - 2012 HUMAN SERVICES - SOCIAL SERVICES


child care assistance program - pilot program to address the "cliff effect" - repeal. This act creates a pilot program to study whether a different approach to the Colorado child care assistance program can address the "cliff effect" that occurs when an increase in a working parent's income makes the parent ineligible for child care assistance and the increase in wages is not enough to cover the costs of child care without the assistance. County departments of social services may apply to the executive director of the department of human services (department) or a designee to participate in the pilot program. Under the pilot program, instead of discontinuing child care assistance, the county department will continue to provide child care assistance to the parent for a period of up to 2 years after the parent's income exceeds the county-adopted eligibility level and the parent will pay a series of incremental increases in the portion of the parental share of the child care. The executive director or his or her designee may select up to 10 counties varying in size, population, and demographic composition to participate in the pilot program.


Each county department participating in the pilot program shall set its own parental fee schedule for the parent's share of the child care and may consult with the department on setting the parental fee schedule. A family that receives child care assistance during the extended 2-year period is required to report any income changes during the 2-year period and is subject to a redetermination of eligibility after the first 12 months.


A county is encouraged to create public and private partnerships with nonprofit organizations and businesses to find innovative ways to supplement its child care assistance program.


Each participating county will collect data on the pilot program and assist the department in evaluating the pilot program. The department will compile data on the pilot program and submit a report on or before October 1, 2015, to the house health and environment committee and to the senate health and human services committee. The pilot program is repealed on July 1, 2016.


APPROVED by Governor April 13, 2012
EFFECTIVE April 13, 2012






S.B. 12-33 Child abuse and neglect - child fatality review team. The act defines the terms "near fatalities" and "incidents of egregious abuse or neglect" and adds the review of those events to the responsibilities of the department of human services child fatality review team. Counties are required to notify the department of human services (department) of any suspicious near fatality or incident of egregious abuse or neglect. The department is required to promulgate rules concerning confidential information for different types of incidents. The department is required to disclose to the public within set time frames the receipt of information concerning child fatalities, near fatalities, or incidents of egregious abuse or neglect. The information to be included in the executive summary report posted on the department's web site is detailed and clarified, including confidentiality concerns.


APPROVED by Governor April 12, 2012
EFFECTIVE April 12, 2012






S.B. 12-42 Child support collection - data collection - asset seizure. The act authorizes the state department of human services (department) to identify for another state, upon request and through a data match system (system), any assets owned by a person who owes child support in another state. The department is further authorized to seize such assets through levy or other appropriate processes.


The department and financial institutions are required to enter into agreements to implement the system. The data match required through the system shall be conducted quarterly.


APPROVED by Governor March 19, 2012
EFFECTIVE March 19, 2012






S.B. 12-43 Children's resident camps - ages of children. The act raises the upper age limit in the child care licensing statute for attending a children's resident camp from younger than 17 years of age to include children who are younger than 19 years of age and to include a person who is 19 or 20 years of age if, within 6 months prior to attending the children's resident camp, the person has attended or has graduated from high school. 


APPROVED by Governor March 9, 2012
EFFECTIVE March 9, 2012






S.B. 12-78 Protective services for at-risk adults - elder abuse task force. The act amends statutory provisions concerning the mistreatment, self-neglect, and exploitation of at-risk adults. Each county department shall require each protective services employee to complete a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation.


The elder abuse task force (task force) is created to: 
Study the problem of mistreatment and exploitation of at-risk adults; and 
Prepare certain recommendations for the consideration of the general assembly, including but not limited to recommendations concerning how to require certain persons, on and after September 1, 2013, to report known or suspected mistreatment or exploitation of at-risk elderly adults. 


All appointments to the task force shall be made on or before June 15, 2012. The task force shall submit a written report of its findings and recommendations to the health and human services committee of the senate and to the health and environment committee of the house of representatives on or before December 1, 2012. The task force is repealed, effective November 2, 2013.


APPROVED by Governor May 29, 2012
EFFECTIVE May 29, 2012






S.B. 12-113 Public assistance recoveries - state's share. The act clarifies that the amount of the state's share of recoveries for public assistance paid for child support and maintenance that is redirected to the counties will be specified in a footnote in the annual general appropriations act.


APPROVED by Governor March 19, 2012
EFFECTIVE July 1, 2012






H.B. 12-1047 Foster care - kinship foster care - licensing standards. The act allows a county director of social services, or his or her designee, to waive certain non-safety licensing standards for kinship foster care if certain conditions are met and to limit or restrict a license for kinship foster care. The state board of human services is directed to promulgate rules to define "kinship foster care" and for the waiver of certain non-safety licensing standards for kinship foster care.


APPROVED by Governor March 22, 2012
EFFECTIVE August 8, 2012


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






H.B. 12-1177 Home care allowance grant program - rules - report - appropriation - repeal. Effective January 1, 2012, persons were prohibited from receiving both home care allowance benefits and benefits under a home- and community-based waiver. The act establishes a new grant program (program) in the department of human services (department) to provide to certain individuals with developmental disabilities receiving benefits under either the home- and community-based supported living services or the children's extensive support waiver a home care allowance benefit consistent with benefits received by persons under the home care allowance program. The grants may be made retroactive to January 1, 2012. The act authorizes the state board of human services to adopt rules to implement the program.


The act directs the department to submit a written report to certain committees of the general assembly on the program and to solicit feedback from individuals receiving grants under the program and from their families.


The program is repealed, effective July 1, 2017, unless extended by the general assembly.


The act reduces the appropriation to the department of human services in the 2011 general appropriation (Senate Bill 11-209) for home health care by $469,612 and appropriates $469,612 for the new grant program.


APPROVED by Governor March 22, 2012
EFFECTIVE March 22, 2012






H.B. 12-1228 Licensing - neighborhood youth organizations. The act expands the list of methods by which a neighborhood youth organization that is seeking to obtain a license can satisfy the requirements of criminal history background checks for its employees and volunteers. Each acceptable method must be able to determine whether the person being investigated has been convicted of felony child abuse or a felony offense involving unlawful sexual behavior. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.


APPROVED by Governor April 23, 2012
EFFECTIVE April 23, 2012






H.B. 12-1326 Services for elderly - recommend increase in old age pension - reinstate dental program - use unused money from senior homestead exemption to increase services - appropriations. The Colorado constitution specifies that the award under the old age pension program shall be $100 per month and authorizes the state board of human services (state board) to adjust the award to more than $100 per month if living costs have changed. The state board has adopted rules that set the monthly standard assistance at $699. The act encourages the state board to raise the monthly standard assistance for the old age pension to $725.


A program for dental care for persons eligible for the old age pension is expanded to include persons who are qualified medicare beneficiaries who are not eligible for long-term care services.


The act directs that moneys unused from the amount estimated for the senior property tax exemption be transferred into a new account in the older Coloradans cash fund for distribution to area agencies on aging to provide additional senior services.


The act increases the estimate of expenditures from the old age pension cash fund to pay for the recommended increase in the old age pension assistance. The act appropriates $3,022,800 and 1.0 FTE to the department of public health and environment to reinstate the dental assistance program for seniors.


APPROVED by Governor May 22, 2012
EFFECTIVE May 22, 2012






H.B. 12-1341 Colorado works - long-term works reserve - repeal statewide strategic use fund. The act provides for the reversion of unencumbered and unexpended funds in the Colorado works statewide strategic use fund on December 30, 2012, to the Colorado long-term works reserve and repeals the statewide strategic use fund and the strategic allocation committee, effective April 1, 2013.


APPROVED by Governor May 3, 2012
EFFECTIVE May 3, 2012






H.B. 12-1342 Work therapy program - fund - appropriation. The act creates the work therapy program to provide training and employment opportunities for persons at certain facilities operated by the department of human services. The act establishes a fund to receive payments under the program.


The act appropriates $467,116 and 1.5 FTE from the work therapy cash fund to the department of human services for allocation to the work therapy program for expenses related to the implementation of the act.


APPROVED by Governor May 3, 2012
EFFECTIVE May 3, 2012



















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