States that a county's cost savings shall not be the basis of an adjustment to the formula for developing such county's capped or targeted allocation. Defines therapeutic services.
Adds the following to the list of standards to be prescribed by rule for child care facilities and agencies: Minimum hours of training for foster parents, including 27 hours for initial training, 20 hours per year of continuing training for foster care parents, and 12 additional hours per year for foster parents providing therapeutic services; and initial and ongoing training of foster care service providers. Permits an altered schedule for hours of training for emergency placements. Permits a child placement agency to certify the home of a relative of a child placed therein as a foster home upon request of a county department of social services ("county department").
Permits a county department, at its own expense, to review its child welfare caseload and to seek retroactive reimbursement pursuant to federal law. Provides that any moneys received shall be divided equally between the state department of human services ("state department") and the county seeking the reimbursement. Conforms the statute regarding eligibility for Title IV-E foster care funding to other state law.
Directs the state department to compare child placement agency expenditures for foster care to county department expenditures and to provide those comparisons to county departments at least annually. Expands the definition of "affiliate of the licensee" to include any executive, officer, board member, or employee of a licensee, as well as a relative of a licensee that provides child care or is involved in the operations at the facility. Clarifies that the foster home certification process includes other resident adults acting as care givers. Permits the state department to deny an application for a child placement agency license if the applicant is a relative affiliate of a licensee and the licensee was the subject of a negative licensing action or is the subject of a pending investigation.
Requires, on and after July 1, 2002, and subject to implementation of the "TRAILS" computer system, annual recertification of foster care homes with on-site visits and inspections of sleeping areas. Requires, from July 1, 2002, to January 1, 2004, and subject to implementation of the "TRAILS" computer system, annual licensing of child placement agencies that certify foster care homes with assessments by the state department. Permits, on and after January 1, 2004, and subject to functionality of the "TRAILS" computer system, the state department to implement a schedule for relicensing that is risk-based, where low-risk child placement agencies would renew licenses less frequently.
Prohibits licensing or certification of a child care facility if the applicant was convicted of a felony involving assault, battery, or a drug-related offense within the 5 years preceding the application.
Prohibits licensing or certification of a child care facility if the applicant, affiliate, employee, or resident:
Clarifies that each applicant, employee, or resident adult of a child care facility who has resided in Colorado fewer than 2 years shall obtain a fingerprint-based criminal history background check through the Federal Bureau of Investigation.
Authorizes the state department to require a county department to remove a foster child, if, after an inspection, the state department determines that the child:
Permits a county department to immediately revoke the certification of a county-certified foster care home if either of the above conditions exists, but requires the county department to conduct a due process hearing within 5 days after such revocation.
Directs the state department to revoke the license of a child care facility if the licensee, an affiliate, an employee, or a resident has been determined to be insane or mentally incompetent.
Requires a county department with substantiated evidence of a violation of statute or rule by a child placement agency to communicate such violation to the state department and to identify whether it is requesting an investigation. Requires the state department to investigate, if requested, and to report its findings to the county department. Requires the state department to provide access to the results of an investigation or negative licensing action to county departments and affected child placement agencies.
APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001
S.B. 01-14 Foster care - audit - study of accreditation standards - revocation of certificates - investigations - reports of child abuse. Requires the state auditor's office to conduct a follow-up audit of the state foster care program by August 1, 2002. Directs the state auditor's office to provide copies of the audit report to the legislative audit committee, House health, environment, welfare and institutions committee, Senate health, environment, children and families committee, and to the executive director of the department of human services.
Conforms the statute regarding eligibility for Title IV-E foster care funding to other state law. Expands the definition of "affiliate of the licensee" to include any executive, officer, board member, or employee of a licensee. Encourages the department of human services ("state department") to examine and report to the general assembly on the benefits of licensing private, non-profit child placement agencies dedicated to serving the special needs of foster care children.
Adds to the list of offenses for which the state department cannot issue a license or certificate to operate a family child care home, foster care home, child care center, residential child care facility, or a child placement agency any felony involving physical assault, battery, or a drug-related offense within the preceding 5 years. Requires each application for licensing or certification of a foster care home to provide notice that the applicant may be subject to immediate revocation or other negative licensing action.
Authorizes a county department of social services ("county department") to immediately revoke the certification of a county-certified foster care home when the county department has reason to believe that a child is subject to an immediate and direct threat to the child's safety and welfare or that a substantial violation of a fundamental standard of care warrants immediate action. Requires the county department to conduct a due process hearing within 5 days after such action.
Directs the state department to revoke the license of a child care facility if the licensee, an affiliate, an employee, or a resident adult has been determined to be insane or mentally incompetent.
Requires the state department to study standards for quality and performance for foster care based upon national standards and to study accreditation standards for county departments and child placement agencies with respect to foster care services. Requires the state department to submit its report to the House health, environment, welfare and institutions committee and to the Senate health, environment, children and families committee on or before July 1, 2002.
Requires a county department with substantiated evidence of a violation of statute or rule by a child placement agency to communicate such violation to the state department and to identify whether it is requesting an investigation. Requires the state department to investigate, if requested, and to report its findings to the county department. Requires the state department to provide access to the results of an investigation or negative licensing action to county departments.
Requires a county department that reasonably believes a criminal act of abuse or neglect of a child in foster care has occurred to transmit a written report of child abuse or neglect to the district attorney's office and to the local law enforcement agency.
APPROVED by Governor June 1, 2001
EFFECTIVE June 1, 2001
S.B. 01-32 Criminal background checks - child care providers - dual checks - forwarding information - appropriations. Encourages state criminal justice agencies to:
Directs the Colorado bureau of investigation ("CBI") to require uniform identifiers that exist on or after the effective date of the act in state-wide arrest information sent to CBI. Requires the transmittal of such information to the CBI within 72 hours after receipt by the law enforcement entity. Requires the CBI to forward background check information to the judicial department's integrated Colorado on-line network ("ICON system") system within 24 hours after receiving it.
Requires the use of both CBI records and the ICON system in conducting criminal background checks on child care providers licensed pursuant to state law. Clarifies that each applicant for a child care license shall undergo a fingerprint-based criminal history background check through the CBI; except that each provider who has resided in Colorado less than 2 years will receive a fingerprint background check through the Federal Bureau of Investigation.
Appropriates $95,658 and 2.5 FTE to the department of human services to implement the act, $76,526 of which is federal funds and $19,132 of which is from savings due to the passage of Senate Bill 01-077. Appropriates $323,238 and 1.5 FTE to the department of public safety from cash funds to implement the act.
APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001
NOTE: Senate Bill 01-077 was signed by the Governor May 30, 2001, and the fiscal estimate shows sufficient
general fund savings.
S.B. 01-78 Nursing facilities - consumer satisfaction - creation of the resident-centered quality improvement program - creation of working group - appropriation. Requires the department of public health and environment ("department") to develop and implement a consumer satisfaction survey to evaluate the quality of care and quality of life in nursing facilities. Requires the survey to be easy to understand and to protect the confidentiality of the participants in the survey. Requires the department to implement the survey on or before July 1, 2002. Exempts private-pay nursing facilities from participation in the survey.
Requires the department to respond within 5 working days to complaints from residents and residents' family members or representatives. States that the department must update the complainant every 14 days for the first 60 days after the complaint was received and, if the complaint is not resolved within the first 60 days, every 30 days after that until the investigation is resolved and a report is finalized.
Authorizes the department of health care policy and financing ("state department") to research and develop a nonmonetary incentive program for nursing facilities for the purpose of encouraging improvement in the quality of care.
Establishes a resident-centered quality improvement program ("resident program") to improve the quality of life in nursing facilities through resident participation. Requires the state department to issue incentive payment programs to nursing facilities that develop proposals that meet criteria developed by the state department. Allows 50% of the moneys from the quality of care incentive payment program ("quality program") to be used for the resident program. Requires evaluations of each approved resident program proposal on at least an annual basis.
Establishes additional standards for the state department to consider when issuing incentive payments under the quality program.
Creates a 12-member working group in the department of health care policy and financing to develop a detailed proposal to reform the current survey and certification process for nursing facilities to on that increases the focus on continuous performance improvement. Directs the working group to present a detailed proposal, along with proposed legislation, to the general assembly on or before December 1, 2001.
Appropriates $98,004 and 1.0 FTE to the department of health care policy and financing and $36,043 and 0.7 FTE to the department of public health and environment for the implementation of the act. Allocates $182,051 in federal funds to the department of health care policy and financing for the implementation of the act. Makes adjustments to the 2001 long bill for the implementation of the act.
APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001
S.B. 01-114 AIDS drug assistance program - income eligibility. Repeals the income eligibility requirement of 185% of the federal poverty level for the AIDS drug assistance program (ADAP). Specifies that an individual must meet income eligibility requirements as determined by the department of public health and environment in consultation with the subcommittee of the advisory group on AIDS policy. Requires the department, in consultation with the subcommittee, to implement a policy of giving preference to applicants of lower income for enrollment into the program if it is determined that the ADAP is reaching the program's fiscal limitations.
Makes the provisions of the act applicable to applications for services under the AIDS drug assistance program made on or after July 1, 2001.
APPROVED by Governor April 12, 2001
EFFECTIVE April 12, 2001
S.B. 01-150 Individual development accounts - eligibility - maximum amount of charitable contribution - administrative fees. Requires that an individual who is eligible for participation in the individual development account (IDA) program shall be a United States citizen who legally resides in Colorado. Allows IDA participants to save amounts greater than the amount that may be matched by a charitable donor, but the IDA participant is responsible for any state or federal income tax. Clarifies that the designated nonprofit organization administering the tax credit is responsible for providing information to the charitable donors of the amount that may be claimed for the tax credit. Clarifies the amount of the fee to be assessed for administrative expenses by the designated nonprofit for administering the IDA program.
APPROVED by Governor April 19, 2001
EFFECTIVE April 19, 2001
S.B. 01-169 Colorado existing industry program - Colorado works program. Allows up to 50% of all moneys available for the Colorado customized training program to be transferred to the Colorado existing industry program at the discretion of the state board for community colleges and occupational education. Requires the board to consider the retention and expansion of existing business and industry when it makes the funding decisions.
Requires the state department of human services to provide data that is gathered on behalf of each county that participates in the Colorado works program to the general assembly. Stipulates that the data shall be provided on a quarterly basis and shall include employment- and training-related performance measures for the Colorado works program. Does not require counties to provide additional systems to gather data, but requires the state department of human services to work with the Colorado office of workforce development to gather the data. Requires that the data be provided to the state auditor's office on at least an annual basis as part of the Colorado works program audit.
APPROVED by Governor April 19, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 01-206 Periodic reports to the general assembly - sunset review - repeal. Eliminates existing requirements for the following reports to the general assembly:
Sends annual savings reports identifying efficiencies and consolidations that produce savings in the budget of the department of health care policy and financing to the house HEWI and the senate HECFA committees in addition to the joint budget committee.
Eliminates obsolete provisions.
APPROVED by Governor June 5, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 01-211 Study of foster care alternatives - report - repeal. Directs the department of human services ("department") to conduct a study of foster care alternatives, including prevention of out-of-home placement, family preservation services, and other innovative approaches to foster care. Requires the department to examine alternatives that are in the best interests of the child being placed, that avoid disruption to existing sibling groups, and that foster stability, familiarity, and security. Directs the department to limit the focus of such examination to children 10 years of age or younger. Requires the department to report its findings and recommendations to the general assembly on or before March 15, 2002, which may include a recommendation for a pilot program. Authorizes the executive director of the department to receive private funds for implementation of the act. Repeals the act, effective March 16, 2002.
APPROVED by Governor May 31, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 01-221 Child care licensing - definition of "affiliate of a licensee" - relative affiliates. Amends the definition of an "affiliate of a licensee" to include relatives of a licensee who provide care to children at the licensee's facility or who are otherwise involved in the management or operations of the facility and to include any executive, officer, member of the governing board, or employee of a licensee.
Authorizes the state department of human services to deny an application for a license to operate a child care facility if the applicant is a relative affiliate of a licensee who is the subject of a previous negative licensing action or the subject of a pending investigation that may result in a negative licensing action.
Applies to applications for child care licenses made on or after July 1, 2001.
APPROVED by Governor May 18, 2001
EFFECTIVE July 1, 2001
H.B. 01-1004 Colorado works - earnings income disregard. Increases the amount of income earned that is disregarded for purposes of continued eligibility for the Colorado works program. Provides for an income disregard of two-thirds of gross income for 12 cumulative months. After the receipt of 12 cumulative months of disregard, allows for an income disregard based upon the income disregard formula set forth in rules based on the old AFDC program ($30 plus 1/3 of the gross income for 4 consecutive months, then $30 for 8 calendar months). Allows a county that operates a manual or electronic system for increasing income disregards that was in place as of December 31, 2000, the option of continuing to use its income disregard formula or following the new income disregard formula.
APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001
H.B. 01-1022 Transitional medicaid - county duties - reporting assistance. Requires county departments of social services to assist families in completing the reporting requirements for transitional medicaid, which shall include informing 1931 medicaid recipients of the transitional medicaid eligibility requirements and the required reporting calendar.
APPROVED by Governor May 31, 2001
EFFECTIVE July 1, 2001
H.B. 01-1048 Colorado works - eligibility and benefits for half siblings. Requires the state board of human services to promulgate rules to provide that half siblings who reside in the same household not be required to be counted in the same assistance unit for purposes of eligibility and benefits under the Colorado works program if at least one of the half siblings is receiving child support.
APPROVED by Governor March 21, 2001
EFFECTIVE March 21, 2001
H.B. 01-1053 Residential facilities - terminology. Changes residential facility terminology in various statutory provisions to make the definitions uniform.
APPROVED by Governor March 21, 2001
EFFECTIVE March 21, 2001
H.B. 01-1079 Older Coloradans program - area agencies on aging - administrative expenses - reports - extension of funding - appropriation. Prohibits any area agency on aging from using more than 10% the moneys received from the older Coloradans program ("program") on administrative expenses. On or before January 1, 2001, requires each area agency on aging to submit to the state office on aging in the department of human services ("state office") a report detailing the use of moneys received from the program. On or before February 1, 2002, directs the state office to submit a compilation of the agency reports to the health, environment, children and families committee of the senate and the health, environment, welfare, and institutions committee of the house of representatives.
Continues for one year the allocation of $3,000,000 from sales and use tax receipts to the older Coloradans fund.
Appropriates $3,000,000 from the older Coloradans cash fund to the department of human services for the implementation of the older Coloradans program.
APPROVED by Governor June 6, 2001
EFFECTIVE June 6, 2001
H.B. 01-1080 Health care task force - innovative housing options for older people. Requires the Colorado health care task force to study innovative options for housing, home and community-based services, and assisted living services for older people who can no longer live independently in their communities and possible funding sources for these levels of care. Requires the Colorado health care task force to consider the implementation of both short-range and long-range recommendations on rate disparity and shortfalls within long-term care made by the task force created in footnote 50a of the 2000 general appropriations act. Requires the task force to make recommendations to the general assembly for consideration during the 2002 regular legislative session.
APPROVED by Governor March 20, 2001
EFFECTIVE March 20, 2001
H.B. 01-1096 Child care assistance program - supplement - evaluation. To enable participants in the child care assistance program to select from a broader range of child care providers, authorizes a county to allow a recipient of child care assistance to supplement the amount of child care assistance funding he or she receives. Requires a child care provider to be approved by the county in order to be eligible to receive supplemental payments. States that such supplement shall be in addition to the recipient's required parental share of child care, if any, but prohibits a recipient from paying a supplement that exceeds 10% of the recipient's gross income. Authorizes a county-approved child care provider to charge the recipient more than the rate such provider negotiated with the county, but prohibits the county-approved child care provider from charging the recipient more than its standard rate.
Requires such county-approved child care providers to report certain information to the county each month. Requires a county that allows a recipient of child care assistance to supplement the amount of child care assistance funding he or she receives to annually evaluate the effect of permitting such supplement, if any, on the accessibility and affordability of child care to the recipients of the Colorado child care assistance program. Requires a county to submit any such evaluation to the state department of human services on an annual basis commencing July 1, 2002.
VETOED by Governor June 5, 2001
H.B. 01-1152 Home care allowance - personal care services - cap on service units per year. Identifies a cap for home care allowance of 429 service units per year for a member of the eligible person's family. Changes the cap for personal care services grants from $5,000 per family per year to the equivalent of 444 service units per year for a member of the eligible person's family.
APPROVED by Governor March 23, 2001
EFFECTIVE March 23, 2001
H.B. 01-1169 Colorado works - community resources investments. Authorizes counties to use block grant moneys from the Colorado works program to invest in community resources designed to assist applicants or participants under the Colorado works program. Authorizes applicants or participants to receive benefits or services from a community resource without applying for assistance, participating in diversion, or completing an individual responsibility contract.
Requires the state board of human services to establish standards and procedures through rules for the use of county block grant moneys for community resource investments, including contracting procedures. Requires counties to adopt official written policies regarding the types of community resources in which counties are investing, the purposes of such investments, the income eligibility standards, and dispute resolution processes. States that a county shall use block grant moneys in accordance with federal and state laws and regulations. States that a county shall not be authorized to use funds for community resources for the purpose of supplanting funds. States that nothing in the law shall preclude a household from applying for and receiving basic cash assistance.
APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001
H.B. 01-1199 School-based health services - administrative costs - limitations - appropriations. Limits the total allowable state administrative costs for contracts related to the provision of health services by school districts to 10% of the total annual amount of federal funds for such contracts, as reflected in the annual general appropriation bill.
Adjusts appropriations made in the 2001 long bill as follows: Moves $293,237 of anticipated federal funds from the line item for public school health services to the line item for medical programs administration within the department of health care policy and financing; and decreases the cash funds exempt appropriation to the department of education, assistance to public schools, grant programs and other distributions, Senate Bill 97-101 public school health services by $293,237.
APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001
H.B. 01-1234 Colorado works - exit and follow-up interviews - extension of welfare oversight committee. Encourages county departments of social services to conduct exit interviews and follow-up interviews upon case closure, with participants of Colorado works, including those who are or have been receiving a state diversion grant or a county diversion grant. States that such interviews shall be for the purpose of providing information and offering assistance to participants with applications for or continuance of assistance under medicaid, food stamps, child care assistance, the earned income tax credit, or other programs.
Requires the state auditor's office, as part of its ongoing evaluation of Colorado works, to evaluate the results and effectiveness of such interviews and include its findings in a report to the legislative welfare oversight committee.
Extends the legislative welfare oversight committee until July 1, 2004.
APPROVED by Governor May 30, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 01-1264 Child support enforcement - attachment of workers' compensation - child support commission - inclusion of noncustodial parents under Colorado works - treatment of non-IV-D payments as unclaimed property - appropriation. Makes the following changes for the purposes of improving enforcement of child support obligations:
Increases the number of members on the child support commission from 15 to 21, and specifies the composition of the commission. States that the judicial department is responsible for promulgating and updating child support guideline forms, schedules, and instructions.
Clarifies the confidentiality of public assistance records for child support establishment purposes.
Expands eligibility under the Colorado works program to include noncustodial parents. Directs the state board of human services to adopt rules to allow a noncustodial parent to receive services, other than basic cash assistance, at a county's option and in accordance with the county's plan. States that such assistance shall be intended to promote sustainable employment for the noncustodial parent and enable such parent to pay child support. States that provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent.
States that any non-IV-D child support payments in the family support registry fund that are undeliverable after 2 years shall be considered unclaimed property for purposes of the "Unclaimed Property Act" and shall be reported to the administrator of the unclaimed property program for purposes of locating the payee. Requires the department of human services to specify the amount of money that is unclaimed and provide sufficient identifying information to allow the administrator to locate the payee.
Adjusts the appropriations to the department of human services in the general appropriation act.
APPROVED by Governor May 31, 2001
EFFECTIVE May 31, 2001
H.B. 01-1265 Family resource centers - services - grants for continued operation. Changes the statutory reference for "family development centers" to "family resource centers".
Expands the definition of an "at-risk neighborhood" served by family resource centers to include urban or rural neighborhoods or communities. Includes services to vulnerable families, individuals, children, and youth in communities in addition to serving those families who live in at-risk neighborhoods. Directs family resource centers to provide services to assist families in working toward greater self-reliance or in achieving self-sufficiency. Directs family resource centers to assist individuals and families in applying for the children's basic health plan or for medical assistance benefits.
Authorizes the division of prevention and intervention in the department of public health and environment to make grants to family resource centers for the continued operation of a center.
APPROVED by Governor March 29, 2001
EFFECTIVE March 29, 2001
H.B. 01-1289 Child care licensing - inapplicability - facilities - report - appropriation. Adds to the list of child care services to which the "Child Care Licensing Act" does not apply, those services provided by a facility that operates in connection with a church, shopping center, or business where children are cared for during short periods of time while parents or persons in charge of such children are working on the premises of such business. Defines "short periods of time" as fewer than 3 hours in any 24-hour period. Specifies that a facility that has received a negative licensing action is prohibited from operating as a facility to which the "Child Care Licensing Act" does not apply. Requires the department of human services to examine the safety of child care in facilities to which the "Child Care Licensing Act" does not apply and to report such findings to the general assembly no later than October 1, 2002.
Appropriates $25,000 from the child care development fund to the department of human services, division of child care, for the implementation of the act.
APPROVED by Governor June 1, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
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