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