CAFCA  BRIEF UPDATE

January 26, 2004
Legislative Edition

The truth is that there is nothing noble in being superior to somebody else.  The only real nobility is in being superior to your former self.-Whitney Young, Civil Rights Leader

Below are summaries of just a few of the 29 bills we are following thus far. New bills will continue to be introduced through roughly mid-February.

HB 1064   Defining Child as Dependent or Neglected (Rep. Tochtrop/Sen. Jones)
This bill repeals the provision in the Dependency and Neglect statutes that allows the court to find a child dependent and neglected on the grounds that the child is beyond the control of the parent(s) or is a runaway.  CAFCA actively opposes this bill and met with other child advocates, county representatives and the bill sponsor to discuss the negative impact on children and youth if this provision were to be deleted.  The bill sponsor agreed to postpone the bill indefinitely (PI). She will work with the counties to address the real problem, which is that judges are ordering them to file         D & N petitions without statutory authority to do so.

HB 1104 Educator Licensure (Rep. King)
This bill codifies CDE certification requirements and brings Colorado into compliance with the No Child Left Behind Act.  It also requires those teachers on Temporary Teaching Endorsements to complete their coursework within 3 years of initiation or lose TTE status. CAFCA is passively supporting this bill.

HB 1108  Inadmissibility of Confidential Communications by Juveniles (Rep. McFayden)
Makes privileged any communications between a professional and a juvenile involved in a dependency and neglect that is court ordered into treatment.  Prohibits the professional from disclosing any statements in any criminal or juvenile delinquency case without the juvenile's consent.  Makes an exemption for future misconduct. CAFCA believes this defeats the nature of the juvenile system, which is focused on the ability of one to change and grow through rehabilitation and treatment.  Without sufficient information, the court and others involved in juvenile delinquency proceeding may not craft the best treatment program for a youth.              

HB111   Extend Child Care Facilities Tax Credit (Rep. Hefley/Sen. Taylor)
This bill clarifies that all childcare facilities as defined in C.R.S. 26-6-303(2), including RTCs & CPAs, are entitled to offer their donors a tax deduction and a tax credit for donations. It also extends the tax credit, which expires 12-31-04, to 2010. CAFCA is actively supporting this bill and has already testified in the House Finance Committee.

HB1149   Use of Criminal Records Info. in Adoption (Rep. Jahn)
Provides that the court shall not grant a decree of final adoption if the court finds the prospective adoptive parent has committed a felony domestic violence or drug related offense within 5-year period. CAFCA is working with State Judicial and the sponsor on amendments.

HB1186  Limit Damages for Child Welfare Services (Rep. Stafford/ Sen. Johnson)
This bill limits the amount of damages in a civil suit against a child welfare nonprofits contracting with CDHS to $150,000 for a single occurrence injury and $600,000 for multiple person injuries. Exempt from these limits are acts or omissions that constitute gross negligence or reckless or willful, and wanton conduct or intentional misconduct.

HB1200   M.O.U.s For Multi--Agency Services (Rep. Clapp & Sen. Anderson)
Requires counties by July 2006 to enter into MOUs with representatives of judicial, youth corrections, human services, health departments, community mental health centers and MHASAs to promote a collaborative system, allow for flexibility within the system, and receive recommendations from private and non-profit sectors.  Authorizes the administrative agencies to grant waivers that may be necessary to promote the system.  Requires reports to the EDs of each of the participating departments in the MOU, the general assembly and the governor.  Requires specified directors to meet and identify barriers to the collaborative effort and effectuate solutions.  Creates the performance-based collaborative management incentive fund to allocate start-up funds to parties of the MOU. CAFCA is analyzing this bill but does support a system of care/funding.

HB1216   Notice in Expedited Relinquishments (Rep. Rhodes & Sen. Dyer)
This CAFCA bill amends the Expedited Voluntary Relinquishment statute we passed last year to bring it into compliance with a May 2003 Colorado Court of Appeals opinion regarding when a petition can be filed in juvenile court permitting notice to be published.

SB029   Care Planning for Medically Fragile (Sen. Windels & Rep. Jahn)
Requires a plan for respite care if the caretaker of an eligible person is unable to provide care due to an emergency or unforeseen situation.  Eligible persons are developmentally disabled, elderly, traumatic brain injury, children receiving personal assistance services and family support, a person receiving services from a private duty nurse, persons eligible for long-term care services, and those eligible for family support services.  Changes the definition of medical foster care to include children dependent on tracheotomy tubes. CAFCA is currently reviewing this bill and has not taken a position on it.       

SB065   Child Mental Health Treatment Act (Sen. Keller & Rep. Larson)
Continues monitoring and reporting requirements related to the "Child Mental Health Treatment Act" & extends the repeal to 2009.  Creates the child mental health treatment fund and authorizes any portion of the services not covered by the family's share, Medicaid, or private insurance to be paid for from the fund.  Identifies a funding source from reversions of unexpended tobacco settlement funds in the Fitzsimons trust fund or, alternatively, from reversions in the Tony Grampsas Youth Services Program.  The trust fund cannot exceed $1.6 million. CAFCA is actively supporting this bill, which amends HB 99-1116.

SB117   Removal of Newborn Child (Sen. Sandoval & Rep. Cloer)
Prohibits law enforcement from removing a newborn from custody without a court order finding that an emergency situation exists and the newborn is seriously endangered.  Does not require a court order if the newborn is affected by an illegal substance or exhibits withdrawal from an illegal substance or the parent or parents are mentally ill and a danger to themselves or others.   Requires law enforcement that removes a child from custody to provide verbal or written notice in a language the parents understand. Despite amendments, CAFCA still has some concerns.