The CAFCA Brief UpdateCAFCA  BRIEF UPDATE

February 2004

REMINDER: GENERAL MEMBERSHIP MEETING THIS FRIDAY, February 20th 9:30 a.m. at FAMILY TREE, 3805 Marshall St., Suite 100, Wheat Ridge.  Come find out what the Online Child Welfare Directory is and how you can participate.

CAFCA Committee Notes

Minutes of the various CAFCA member committees are sent to committee members.  If you would like minutes of meetings but aren’t currently receiving them, please let Peg or Mary know. 

Adoption:  The committee is developing goals for the year that will include review of a possible Putative Father Registry and training for agencies on the Expedited Relinquishment process. The committee will also be meeting with Dana Andrews of CDHS regarding rules. 

Foster Care:  The committee continues to hold CAFCA-county meetings. The training sub-committee has obtained discounts for CAFCA members and foster parents at state-sponsored training; and links will be created on the various websites (including CAFCA’s) to inform foster parents and staff about training opportunities. Another sub-committee is reviewing the possibility of creating professional foster parents similar to the work that is being done at the Hull House in Illinois. Theresa Spahn, Office of Child’s Representative (GALs and CASAs) will speak at an upcoming meeting about the role of GALs and how to establish better working relationships among all parties.  Andrew asked about the difference between CASAs and GALs and the interaction between all parties.  

CTS:  The committee is focusing on the proposed changes for CDHS reporting and rate setting processes and would like to take a more proactive approach to these. Members are also analyzing the process that CDHS has proposed for FY 2004-05 rates. Policy Studies Inc. has released its report on the RTC program in Colorado.  Peg can obtain copies for members at a cost of $12 from PSI.  The study does point out that the reimbursement rates do not cover agencies’ costs and this practice might result in reduced services and fewer providers.  

Public Policy:  See the Executive Director’s Legislative Report below for bills CAFCA is following and activity on these. Members are reminded that they can access the latest Mendez Steadman bills summaries by going to the CAFCA website, under current legislation for more information.  Remember to invite your legislators and to attend the March 3, 2004 legislative lunch to be preceded by a special general membership meeting.  

Membership/Communications:  The committee is currently studying the admission of for profits and the proposed changes to the bylaws. The Bawmann Group sent a survey to CAFCA member EDs about the possible admission of for-profits and will report the aggregated responses at the February 19th meeting. The bylaws change to be voted on at the Amrch 3rd meeting would permit up to two people from the same agency to serve on the board of directors.  

From the Executive Director:

During the month of February I typically spend 2-10 hours a day on legislative matters.  This includes reviewing and evaluating bills and amendments; conducting research and preparing testimony; helping our members with their testimony; working with our lobbyist, bill sponsors and stakeholders regarding bills and amendments that we support or oppose; and sitting in committee rooms waiting to testify.  As a result, the day-to-day operations of both CAFCA and The Association occasionally take a backseat. Mary and I do our best to make sure that member concerns are promptly addressed during this time.  Please let us know if you feel your concerns have not been adequately addressed during this period.

Every bill goes through 2-3 readings on the floor of each house, where amendments may be added.  Bills are updated online at the end of each day.  The current status of every bill can be checked by going to the general assembly web site: www.leg.state.co.us. Click on either House bills or Senate bills.  Click on the bill series containing the bill number of your interest, then click GO.  Scroll down to the bill number you are interested in and click on the pdf file. Tomorrow is the House deadline for new bills. The Senate’s deadline was last week.  Everything that follows is considered a “late” bill and must have approval of the house or senate chair before it can be introduced.

To date, I have reviewed more than 70 bills, and CAFCA is tracking approximately 50 of these. Below is an update on selected bills we are actively supporting or opposing.  You will hear more about these and other bills at the March 3rd membership meeting and legislative lunch.  Don’t forget to invite your legislators and to RSVP yourself for this event.

HB 1064   Defining Child as Dependent or Neglected (Rep. Tochtrop/Sen. Jones)

This bill would have repealed 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 in concert with a number of other bill opponents successfully killed this bill.  We are thankful to Rep. Tochtrop who agreed to postpone indefinitely (“PI) this bill and look for a better way to address some counties concerns about being ordered to file Dependency and Neglect petitions.

HB 1108  Inadmissibility of Confidential Communications by Juveniles (Rep. McFayden)

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 members have divided opinions about this bill with respect to offense specific treatment, so we have taken a monitor stance only.         

HB111   Extend Child Care Facilities Tax Credit (Rep. Hefley/Sen. Taylor)             

This bill has been amended to exclude child care facilities that serve children over the age of 12, but does grandfather in those agencies that offered the credit to their donors prior to January 1, 2004.  The credit is extended to 2010 under the current version of the bill. CAFCA testified in favor of this bill, but the Dept. of Revenue keeps chipping away at it.

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 testified in favor of this bill with amendments requested by state judicial.

HB1186  Limit on Damages for Child Welfare Services (Rep. Stafford/ Sen. Johnson)  

This bill would have limited 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 were acts or omissions that constitute gross negligence or reckless or willful, and wanton conduct or intentional misconduct. The sponsor pulled the bill following significant opposition from the Office of Child’s Representative, the Colorado Trial Lawyers, and several others groups.  Arnie Goldstein has been working with me on the background research, which indicates that this bill would not really help providers lower their liability insurance premiums because it is the professional liability premiums that have skyrocketed and the only area covered by the caps was ordinary negligence.

HB 1191 and 1196 (Rep. Stengel/Rep. S. Williams)

Both of these bills provide greater access to the Sex Offender Registry by eliminating the “need to know” provisions and by permitting release of information to non-residents. One bill permits publication of this information “in any medium deemed reasonable” by law enforcement.  We have raised significant concerns about the lack of language regarding the treatment of juvenile sex offenders in both of these bills.  Senator Norma Anderson has also introduced a senate bill.  We are working with all bill sponsors to give juveniles greater protection from release of this information.

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 and testified in favor of the bill with recommended amendments. 

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. It has passed the House on 3rd reading with no amendments.

HB 1264 Medicaid Provider Billing Cycles (Rep. Young/Sen. Teck)

This bill prohibits HCPF from interrupting its normal payment cycle absent a sufficient showing to the JBC that is does not have the cash available to make those payments.  This addresses the postponement of RTC payments for the last two weeks in June 2003 into the next fiscal year.

HB 1265 Medicaid Mental Health Services (Rep. Witwer/Sen.Reeves)

This bill repeals and reenacts certain statutory sections of the community mental health services program and transfers the administration of community mental health services from CDHS to HCPF. It exempts those receiving services under the Goebel deinstitutionalization case. We have had much discussion with the JBC mental health analyst and the bill sponsor, who repeatedly assure us that this bill does not address or encompass RTCs.  We are still working on obtaining an amendment to clarify this.

HB 1271 Dedicated Family Homes Pilot program (Rep. Clapp)

Using private grants and donations, this bill would establish a pilot project to secure slots in family homes to allow a child whose adoption or placement fails to return to the same home. It creates incentives for such providers by allowing payments toward mortgages and other expenses. We have significant concerns about this bill, but did testify in favor of it after the sponsor agreed to nearly all of our amendments. 

HB 1272 Citizen review of Child Abuse Findings (Rep. T. Williams)

This follow-up bill to Rep. Williams bill in 2003, which abolished the registry, would establish citizen review panels at the county level to review confirmed county reports of child abuse or neglect.  The bill was amended in committee to apply only to acts deemed minor abuse or neglect. These reviews would occur prior to entry of person’s name in the Trails database.  CAFCA objects to the inconsistency that occurs from county to county in the current investigative process and does not believe a county-level citizen review panel would be immune from that consistency.  Our preference is for a state-level review process prior to placement of a name in Trails.  Under the new regulations, even an expungement would leave a person’s name in the database; the name just would not be released for background or employment check purposes.

HB 1284 Audits of Medicaid Providers (Rep. White/Sen. Dyer)

This bill established procedures that HCPF must follow when conducting audits of Medicaid providers.  CAFCA was involved in bringing and drafting this bill.  It addresses the audit/recovery process and requires HCPF to identify and apply and underpayments found during the audit process.  HCPF has put an $8 million fiscal note on this bill for a variety for reasons.  We are working with the bill sponsor to amend the pieces HCPF claims are driving this fiscal note.

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. However, the funds identified for it will likely be confiscated, so we are trying to hold onto just one year’s worth of funding and a one-year extension of the program.

SB 137 (Sen. S. Johnson/Rep. Rhodes)

This bill allows foster parents who seek notice of hearings to given that information and to be allowed to appear and be heard at any court hearing.  It also prohibits the release of personally identifiable information about the foster parents to family members of those involved in the D 7 N petition.  CAFCA support this bill and the important role that foster parents should be allowed to take on behalf of children in their care.

We are also tracking a special needs school voucher bill that excludes facility schools and a statewide chartering authority bill that exempts districts smaller than 3,000 and contains other provisions that may be of interest to facility schools and the facility schools task force.

Other News of Note:

Grants Got You Down?

If you have trouble finding the time to write grants, or find that you are being turned down more often than not, CAFCA can recommend the services of a grant writer/trainer/consultant. We have worked with Kim Jacques, who is an experienced grant write of federal grants as well as the Colorado common grant application.  Her work is excellent!  If you need assistance, please contact Kim at 303 394-3813. 

Interested in establishing an endowment or growing your existing endowment?

LMC Community Foundation has announced a new $1 million endowment challenge program for which all Metro Denver 501(c)(3) organizations may apply.  The application is available from their website at: www.llmccf.org. The deadline for applications is Friday, April 16, 2004. Successful applicants will be notified the week of May 17, 2004. Organizations accepted must attend an orientation during the week of May 24, 2004. during the period of June 1, 2004 and July 29, 2005, LMC Community Foundation will match funds contributed to a participating organization’s permanent endowment fund established with LMCCF.

Upcoming Training Opportunities:

“Criminal Thinkers”
Wednesday March 10th 8:30 AM - Noon
Come and learn about the criminal mind and its relationship to irresponsible behaviors.  Practical strategies and techniques will be presented as tools in confronting and effectively managing individuals with predatory behaviors. 

“Methamphetamine and its effects on Children”
Wednesday April 14th 12:30 PM – 4:30 PM
This workshop will include:

Save the Date:
Annual Educational Conference
June 11th  - Regis University

More information can be found at the CAFCA website at www.cafca.net - to go the Upcoming Events / Training page.