CAFCA Public Policy Committee Minutes

February 7, 2006

Present: Ann Moore (Arapahoe House), Megan Aldritt (Catholic Charities), Arnie Goldstein (Excelsior YC), Cindy Landsberg (CBR/Youth Connect), Brian Brant (CWLA), Jerry Yager (Denver Children’s Home), Fofi Mendez (Mendez Steadman), Skip Barber (CCM/Coalition of Accredited Agencies), Susannah Carroll, Katie Mason & Peg Long (CAFCA)

The meeting was called to order at 12:10 pm and introductions were completed.

Legislative Luncheon Update

Katie reported that 40 legislators and 30 CAFCA members have RSVP’d to attend the luncheon. Reminder cards will be placed on every legislator’s desk. The cut-off date for RSVPs is Monday the 13^th.  A hot Italian buffet will be served. Members are asked to arrive between 11:00-11:30 a.m. Barring party caucuses or committee hearings that run over, legislators should arrive around noon. Members will be asked to escort legislators to the tables.  The agenda will include recognition of CAFCA members and legislators, a pitch to support specific bills followed by a tribute to Senator Norma Anderson.

CPA Network Legislative Update

We had hoped to discuss the Network’s opposition to CAFCA's salaried foster parent bill, but Bob Tiernan was unable to attend due to another urgent matter.

CDHS Supplemental Budget Request

Fofi reviewed the CDHS child welfare/DYC supplemental budget request delivered to the JBC on 1/24/06. It includes $19M in general fund for the new TRCCF program. Counties are to be held harmless for the last 6 months of 2006 as their fiscal year is the calendar year and the state’s is July-June. The county share of TRCCF has not yet been determined but we understand that CDHS-county negotiations continue. We have also received clarification that the PRTF program is considered a new federal mandate and the funding of this program will be exempt from the 6% TABOR limit.

2006 Legislative Session

Peg reminded committee members that the Friday 8:00 a.m. bill review meetings at Mendez Steadman are open to all CAFCA members. The majority of bills have been introduced, so we anticipate meeting only the next two Fridays.

HB 1207, Salaried Foster Parent - this CAFCA bill defines a “salaried foster parent” and exempts  a salaried foster parent from the statutory conflict of interest provision that prohibits a CPA from certifying an employee as a foster parent. The CPA Network has expressed opposition to this bill but has not communicated to us their specific objections.

Child Care Licensing bill (not yet introduced) – CAFCA is participating in this CDHS omnibus bill that cleans up a number of provisions in the Child Care Licensing Act. At CAFCA’s request, language that permits a family day care home to also hold a foster care license has been added, as has language distinguishing a cradle care home from traditional foster care.

JBC Child Welfare Budget bill (not yet introduced) – it is anticipated that the JBC will carry the appropriations bill that incorporates all needed changes related to the redesign of the RTC program. Contents will include: a statutory definition of PRTFs and authority for HCPF to promulgate PRTF rules, the addition of Treatment Residential Child Care Facilities (TRCCFs) to the Child Care Licensing Act, identification of the county share of TRCCF placement costs, and authority for CDHS to submit supplemental budget requests in state fiscal years 2006-07 and 2007-08 for increased funding not related to caseload increases. 

Other Bills of Note

HB 1070 Juvenile Justice Family Advocates – creates demonstration programs, based on the system of care model, to involve Mental Health, Youth Corrections, family members and others involved in the treatment of juveniles involved with the justice system and who have mental health issues.

HB 1123 Runaway Misdemeanor Crime – creates a new class 2 misdemeanor for a child who voluntarily leaves his/her home without the consent of the parent and does not return or make contact with the parents within 6 hours of leaving. This bill has been pulled by the sponsor and is likely to die.

HB 1145 Colo. Meth Legislative Task Force – creates a state task force of interdisciplinary members and a legislative oversight committee to make recommendations for legislation related to the methamphetamine epidemic in Colorado. It also restricts the amount of meth precursors, e.g., Sudafed, that can be purchased at one time and requires such precursors to be in a locked location within the retail establishment.

HB 1151 Felony Child Abuse – creates and defines the crime of felony child abuse to include severe emotional abuse. CAFCA has recommended amendments to this bill, which is slated for hearing on 2/9.

HB 1271 Treatment Foster Care – defines “treatment foster care” and lowers the minimum number of individuals from 5 to 3 to qualify as a specialized group home. CAFCA is still analyzing this bill for impact, but has researched the definition of treatment foster care as used by the Foster Family Treatment Association. 

HB 1277 Mental Health – cleans up various sections of the 27-10 statute and increases the required length of time for keeping records.

SB 043 – requires HCPF to seek a waiver to permit the provision of home health services through the use of telemedicine. CAFCA is seeking an amendment that would expand the language to include all Medicaid providers in the waiver. (See also SB 165 which has similar provisions.)

SB 122 – creates an adolescent substance abuse prevention fund and directs fines for underage drinking offenses to the fund.

Rules Update

CDHS has issued proposed Volume VII rules for TRCCFs in the areas of RCCF general guidelines, Quality Standards and Client Rights. Comments are due to Dana Andrews by 2/8, with final rules sent to the CDHS administrative review process 2/22.

Old Business – None.

New Business – The group discussed the RTC redesign issue of an insufficient number of licensed therapists as of 7/1/06 in order to treat children and be eligible for Medicaid match. It would do our children a real disservice to change therapists simply because the therapist is not licensed. By the same token, CAFCA supports the expansion of the pool of licensed therapists. Approximately 50% of all masters level therapists currently working in RTCs are licensed. An estimated 25% have, or are very close to having, the required number of hours of post-degree supervised practice experience to take the licensing exam. Providers currently advertising for licensed therapists only are receiving few applications. Peg suggested exploring the possibility of a bill that would create a type of provisional license that would expire at the earlier of successful passage of the licensing exam or a specified period of time, e.g., 12 months. If such a bill were effective for 3-5 years and would then sunset, providers would have the incentive to get all their therapists licensed and would have sufficient time to do so. The sunset provision might allow CDHS to gradually reduce the portion of general funding that is attributed to covering the services of unlicensed therapists for therapies that cannot be billed to Medicaid fee for service. Peg broached this subject in general with CDHS, with the Department responding that we could go ahead with drafting a bill and CDHS would let us know where it stands. The group decided CAFCA should move forward with this. Fofi suggested that we see if it is possible to fold this into the JBC bill that addresses creation of the TRCCF.

Meeting adjourned at 1:40 p.m.

Respectfully submitted,

Peg Long