Provides that if the mental health agency, in assessing the child, determines that there may be dependency or neglect issues involved that may warrant an investigation by the county department of social services, the mental health agency shall immediately contact the county department. Directs the mental health agency, the county department, and the family to meet within 10 days after the referral to the county. Upon referral, directs the county department to conduct an assessment to determine whether a dependency or neglect action is warranted. Directs the county department, upon determination that there may be mental health issues involved, to meet with a representative of the mental health agency and the family. Directs the county department, in conjunction with the mental health agency, to determine whether mental health services or county services are more appropriate.
Requires the mental health agencies to monitor certain information about services provided and to report to the department of human services by September 1, 2002. Requires the department of human services to report such information in aggregate to the general assembly by December 1, 2002.
Identifies the funding for such mental health services, including private insurance, federal medicaid funding, service fees based on a sliding scale, and the general fund. Directs the state board of human services, in consultation with the department of health care policy and financing, to promulgate rules implementing a sliding scale for the payment of mental health treatment services.
Directs the department of human services to utilize, when appropriate, the established mental health and grievance processes to assure parents access to mental health services. Directs the state board of human services to promulgate rules to assure that a dispute resolution process is available for disputes between county departments of social services and mental health agencies.
Repeals the "Child Mental Health Treatment Act", effective July 1, 2003.
Appropriates $226,545 to the department of human services for implementation of the act. Adjusts the general fund appropriation to the capital construction fund made in the annual general appropriations act $226,545.
APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999
H.B. 99-1223 Employment of personnel working with vulnerable persons - background checks - consumer-directed attendant support pilot program exception - appropriation. Requires the department of human services ("department") to conduct criminal background checks for any state personnel system employee who is hired for a position in which the person would have direct contact with vulnerable persons. Makes the criminal background checks and employment disqualification requirements in the act apply to state employees who work directly with mentally ill persons and developmentally disabled persons receiving services in state-operated facilities pursuant to title 27, C.R.S., persons receiving vocational rehabilitation services from the department, persons residing in state veterans nursing homes, persons receiving services provided directly by the department in a state-operated facility or in a vulnerable person's home or residence, and juveniles in the custody of the division of youth corrections in the department.
Requires the executive director of the department or his or her designee to designate those contract positions that involve direct contact with vulnerable persons that will be subject to criminal background checks and the requirements of the act. Directs that any contract made by the department with a person for a designated contract position shall include terms and conditions similar to those imposed on state employees, including criminal background checks, self-reporting requirements, and suspension and termination for persons who commit disqualifying criminal offenses.
Disqualifies a person from employment in a position involving direct contact with vulnerable persons either as an employee or as a contracting employee if a criminal background check indicates that the person was convicted of, adjudicated for, pled guilty to, or received a deferred judgment, sentence, or adjudication for a specified disqualifying felony offense. Mandates that a person who is so disqualified shall not be hired or retained by the department or contracted with or continued in a contract position that has been designated as involving direct contact with vulnerable persons.
Disqualifies a person from employment involving direct contact with vulnerable persons either as an employee or as a contracting employee if the person has been convicted of certain misdemeanor offenses within 10 years prior to application, but allows the person to request a reconsideration of disqualification and a review of whether the person poses a risk of harm to vulnerable persons. Sets forth the standards for such a review.
If the person was adjudicated a juvenile delinquent as a result of commission of the disqualifying offense and more than 7 years have passed since the commission of the offense, allows the person to request a reconsideration of disqualification and a review of whether the person poses a risk of harm to vulnerable persons.
Permits a person to request a review of the disqualification if there is a mistake of fact involving the person's identity.
Makes the disqualification provision an exception to the statute that prohibits denying public employment based upon a conviction of a felony or other offense involving moral turpitude. Declares that for purposes of terminating employees in the state personnel system who are convicted of criminal conduct, the disqualifying offenses specified in the act are offenses that involve moral turpitude.
Requires an employee in a position involving direct contact with vulnerable persons to report to his or her supervisor if he or she is arrested, charged with, or served a summons for an offense that disqualifies the employee from employment. States that the employee may be terminated from employment if the employee fails to make such a report. Mandates that the department or any facility operated by the department advise its employees and contracting employees in writing of the self-reporting requirement. Requires the department to suspend the employee until the criminal charges are resolved or administrative action is completed if the offense involves a disqualifying felony offense. Provides that an employee who is charged with a disqualifying misdemeanor offense may be suspended at the discretion of the department until the criminal charges are resolved or administrative action is completed. Requires the employee to be terminated if he or she is convicted of or pleads guilty to a disqualifying offense. States that nothing in the act shall preclude the department or the director of any facility operated by the department from adopting a policy regarding self-reporting of arrests or a policy regarding disqualification from employment that includes offenses other than the disqualifying offenses set forth in the act.
Excludes a person hired by an individual in the consumer-directed attendant support pilot program from complying with the requirements for certification as a nurse aide.
Applies the criminal background checks, self-reporting requirements, and disqualification provisions to persons hired by or entering into new contracts with the department on or after July 1, 1999, and to persons hired by or who have contracted with the department prior to July 1, 1999, who commit disqualifying criminal offenses on or after July 1, 1999.
Appropriates $21,112 and 0.1 FTE to the department of public safety, Colorado bureau of investigation, from cash funds received from the department of human services for criminal background checks.
APPROVED by Governor May 24, 1999
EFFECTIVE July 1, 1999
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