Children And Domestic Matters - Digest of Bills

Digest of Bills - 2004

CHILDREN AND DOMESTIC MATTERS

S.B. 04-64 Child support - calculation of extraordinary medical expenses - liens on property - family support registry - Colorado Child Support Enforcement Act - assignment of rights by public assistance and foster care assistance recipients - access to identifying information - workers' compensation insurance benefits - inmate bank accounts - financial institution data match. Amends the "Uniform Dissolution of Marriage Act" as follows:

● Clarifies that the term "year", when used to determine the time frame for extraordinary medical expenses, means "calendar year".

● Clarifies that liens on personal and real property for child support remain in effect for the earlier of 12 years or until all past-due amounts are paid and may be extended or renewed indefinitely beyond 12 years by rerecording the lien every 12 years.

Conforms the definition of "family support registry" in the "Colorado Child Support Enforcement Procedures Act" to the authority vested in the registry in the "Colorado Child Support Enforcement Act" by including spousal maintenance payments among the types of payments that the family support registry is authorized to receive, process, and disburse and for which it is authorized to maintain records.

Clarifies that the assignment of rights to child support that a Colorado works program applicant makes to the state department of human services continues until the amount of the cost of assistance that was provided is recovered.

Makes the following changes to the "Colorado Child Support Enforcement Act":

● Based upon a sworn statement that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, requires such information to be sealed and not disclosed to the other party or to the public until there is a hearing on the matter and the court determines that the disclosure would be in the interest of justice.

● Conforms provisions concerning the assignment of rights in foster care cases with federal statute by providing that the assignment of rights to child support in foster care cases in which the children are not eligible for Title IV-E assistance shall continue until the foster care maintenance costs have been reimbursed in full. In foster care cases in which the children are eligible for Title IV-E assistance identifies the applicable criteria for assignment of rights.

● Requires the notice of administrative lien and attachment issued by the state child support enforcement agency to any person, insurance company, or agency providing workers' compensation insurance benefits to state the percentage of workers' compensation insurance benefits or the actual amount of such benefits to be withheld.

● When attaching an inmate's bank account, specifies that the amount withheld each month not be less than 50% of the total amount the executive director of the department of corrections is authorized to withhold for restitution and other costs, surcharges, and fees associated with the criminal case and child support, and authorizes the delegate child support enforcement unit to serve the notice of administrative lien and attachment on the department of corrections either by electronic means or by first-class mail.

● Specifies that the frequency with which financial institutions are to report certain data to the state department of human services for child support enforcement purposes is at least semiannually. Directs that service of a notice of lien or levy be made by first class mail, and permits such notice to also be made, by registered or certified mail, return receipt requested, the cost for which may be withheld by the financial institution or state entity from the obligor parent's account.

APPROVED by Governor April 8, 2004
EFFECTIVE July 1, 2004

S.B. 04-117 Temporary protective custody - newborn children - court orders required - exceptions. Prohibits a law enforcement officer from removing a newborn child who is not in a hospital setting from the custody of his or her parents for a period of longer than 24 hours without a court order containing findings that an emergency situation exists and the newborn child is seriously endangered. Prohibits a law enforcement officer from removing a newborn child who is in a hospital setting from the custody of his or her parents without a court order, but authorizes such a child to be detained in a hospital by a law enforcement officer upon the recommendation of a county department of social services ("county department"), a physician, a registered nurse, a licensed practical nurse, or a physician's assistant, while the court order is being pursued. Makes exceptions to these requirements for a court order when the child is identified as being affected by illegal substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure; when the child has no available birth parent due to mental illness or grave disability of the child's only identifiable birth parent or both birth parents; or when the child is subject to an environment exposing the child to a laboratory for manufacturing controlled substances.

Requires a law enforcement officer who removes a newborn child from the custody of his or her parents to provide certain verbal and written notices directly to the newborn child's identifiable birth parent or parents, in a language that the birth parent or parents understand, at the time of the newborn child's removal. If a newborn child is taken into temporary protective custody, allows the county department to contact the child's birth parent or parents to obtain the names of relatives or other members of the parent's or parents' community who could care for the child until a court hearing. If the birth parent or parents are not United States citizens, allows the county department to contact the parent's or parents' government of origin regarding the situation.

APPROVED by Governor April 13, 2004
EFFECTIVE July 1, 2004

S.B. 04-137 Foster parents - notice - administrative review - court hearing - identifying information - written consent. Requires a county department of social services ("county department") to provide a foster parent, a pre-adoptive parent, or a relative providing care for a child, with notice of any administrative review of the child's case. Upon written request, requires the county department to provide notice of a court hearing to the foster parent, pre-adoptive parent, or relative. Permits the caseworker to provide the notice. Specifies that the notice shall include, at a minimum:

● The child's court case number;

● The date and time of the next court hearing; and

● The name of the magistrate or judge and the court division to which the case has been assigned.

Upon the written request of a foster parent, prohibits employees of the state department of human services and county departments, and other individuals with a need to know, from releasing personally identifiable information about a foster parent, other than the foster parent's first name, to any adult member of the foster child's family without the express written consent of the foster parent. Specifies the content of the written consent. Requires the consent for each foster child, unless the foster children are members of a sibling group. Clarifies that the civil penalty for a violation of confidentiality does not apply to any foster child or siblings of the foster child.

APPROVED by Governor May 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1061 Child abuse reports - recorded interviews of children - child advocacy center memorandums of understanding - standards. Authorizes a child advocacy center that has a memorandum of understanding with an agency responsible for investigating a report of child abuse to conduct an audiotaped or videotaped interview of a child concerning a report of child abuse for purposes of the child abuse investigation. Defines "child advocacy center", in part, to mean a center that provides a comprehensive multi-disciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. Authorizes an agency responsible for investigating a report of child abuse to enter into a memorandum of understanding with a child advocacy center for the use of equipment necessary to videotape or audiotape interviews of a child. Exempts investigating agencies from being required to train employees of a child advocacy center to conduct videotaped interviews, but requires agencies that enter into memorandums of understanding with child advocacy centers that employ interviewers to assure that the interviewers meet training standards adopted for persons conducting interviews.

APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004

H.B. 04-1108 Inadmissible evidence - juvenile proceedings - statements during professional court-ordered treatment. Makes a juvenile's statements to a professional made in the course of the treatment ordered by the court in a dependency or neglect action confidential. Prohibits a professional providing court-ordered treatment to a juvenile from disclosing the juvenile's statements in a criminal or juvenile delinquency case against the juvenile without the juvenile's consent. Specifies that the privilege shall not apply to statements made about future misconduct.

APPROVED by Governor April 5, 2004
EFFECTIVE April 5, 2004

H.B. 04-1149 Petition for adoption - disclosure of criminal convictions. Adds certain misdemeanors, domestic-violence-related crimes, and the crime of violation of a protection order to the list of crimes the conviction of which must be disclosed in an adoption petition by the prospective adoptive parent.

APPROVED by Governor April 7, 2004
EFFECTIVE July 1, 2004

H.B. 04-1153 Landlords and tenants - residential rental and lease agreements - protection of victims of domestic violence. Prohibits a landlord from including in a residential rental or lease agreement a provision authorizing the landlord to terminate the agreement or to impose a penalty on the tenant on the basis of calls made by the tenant for peace officer or other emergency assistance in response to a domestic violence or domestic abuse situation. States that a tenant may not waive his or her right to call for police or other emergency assistance.

APPROVED by Governor April 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1216 Relinquishment of parent-child legal relationship - expedited process - notice. Eliminates the authority of a county department of social services or licensed child placement agency assisting a relinquishing parent with the relinquishment procedures in an expedited relinquishment case to serve notice on the other birth parent prior to the birth of the child who is to be relinquished.

APPROVED by Governor April 5, 2004
EFFECTIVE April 5, 2004

H.B. 04-1254 Abuse or neglect - sexual abuse - child care centers - family child care homes - investigation - notice to parents - uninvolved students - determination - written basis - deadline. Requires the state department of human services ("state department") to adopt rules that specify that, prior to notice of an investigation of institutional abuse being sent to the parents or guardians of children in child care centers or family child care homes who are uninvolved with the incident that prompted the investigation, the state department or the county department of social services ("county department") shall ensure that:

● The incident is at the level of a medium, severe, or fatal incident of abuse or neglect or involves sexual abuse;

● The state department or county department has determined whether the notice to the parents or guardians of uninvolved students is essential to the investigation or is necessary for the safety of the children in the facility;

● The state department or county department has stated in writing the basis for the determination and a supervisor has provided written approval of the determination.

Requires the notice of investigation to be sent to the parents or guardians within 72 hours after the determination is made.

APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004

H.B. 04-1304 Revised interstate compact on juveniles - adoption. Adopts the revised interstate compact on juveniles ("compact") and authorizes the governor to execute the compact on behalf of the state. Provides a uniform process for supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control. Prohibits the compact administrator or controller from paying an assessment or fee for the compact prior to July 1, 2006.

APPROVED by Governor April 26, 2004
EFFECTIVE April 26, 2004

H.B. 04-1343 Out-of-home placement - specified court orders - prohibition - nunc pro tunc. For specified court orders issued on and after July 1, 2004, that contain findings and determinations required pursuant to federal law for establishing a child's eligibility under Title IV-E of the federal "Social Security Act", as amended, precludes the court from entering the orders nunc pro tunc. On and after July 1, 2004, requires such specified court orders to state, "the effective date of this order is".

APPROVED by Governor April 7, 2004
EFFECTIVE July 1, 2004

H.B. 04-1370 County department authority - safety plan agreements - first-time minor incidents of child abuse. For reports of known or suspected child abuse or neglect made to a county department of social services ("county department") or a local law enforcement agency on and after July 1, 2004, authorizes a county department and a person who is believed to be responsible for the abuse or neglect of a child ("person") as a result of an investigation of a report of known or suspected child abuse or neglect ("report") to agree to defer the filing of a confirmed report of child abuse or neglect with the department of human services and enter into a safety plan agreement in the following circumstances:

● When the person has had no previous allegation of abuse or neglect investigated;

● When the child abuse or neglect that the person is believed to be responsible for is at the level of a minor incident of abuse or neglect, as defined by rule of the state board of human services;

● When the person and the county department decide on a mutually agreeable method for resolving the issues related to the report; and

● When the method for resolving the issues related to the report can be completed within 60 days after the report is made to the county department or the local law enforcement agency.

If the person completes the safety plan agreement, prohibits a county department from filing a confirmed report related to the incident. If the person does not complete the safety plan agreement, requires the county department to file a confirmed report of child abuse or neglect related to the incident. Establishes that participation in a safety plan agreement is voluntary and that there is no right on behalf of a person to enter into a safety plan agreement. Specifies that county departments are not required to expend moneys to provide services to a person for the purpose of entering into a safety plan agreement. Requires the state board of human services to promulgate rules related to safety plan agreements.

APPROVED by Governor April 21, 2004
EFFECTIVE July 1, 2004

H.B. 04-1451 Collaborative management authority - services to children and families - memorandums of understanding - minimum requirements - reports - review - cash fund - incentives. Authorizes each county department of social services ("county department") and local representatives of judicial districts, health departments, school districts, each community mental health center, and each mental health assessment and service agency to enter into a memorandum of understanding ("MOU") to promote a collaborative system of local-level interagency oversight and to establish individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. Encourages these agencies to enter into MOUs by region, but allows flexibility. Recommends that the agencies seek input, support, and collaboration from key stakeholders in the private and non-profit sectors, as well as from parent advocacy or family advocacy organizations. Specifies minimum requirements of each MOU. Authorizes departments and agencies that provide oversight to the parties to the MOU to issue waivers of state rules necessary for effective implementation of the MOUs that would not compromise the safety of children.

On or before January 1, 2007, and by each January 1 thereafter, requires each interagency oversight group to provide a report to the executive director of each department or agency that is a party to any MOU entered into pursuant to this act.

Requires specified executive directors, a director of a county department of social services, a director of a local mental health center, a superintendent of a school, a representative from a statewide parent advocacy or family advocacy organization, and a member of the judiciary to meet at least annually with the governor to review the reports prepared by the interagency oversight groups to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers.

Creates the performance-based collaborative management incentive cash fund ("fund") on July 1, 2005, and requires the executive director of the department of human services to allocate the moneys in the fund to provide incentives to parties to an MOU who have agreed to performance-based collaborative management, who have met or exceeded performance measures specified by the state department human services, and who have successfully implemented elements of collaborative management as specified by the state board of human services. On July 1, 2005, transfers specified moneys from the family stabilization services fund to the fund. On and after July 1, 2006, transfers moneys in the performance incentive cash fund, remaining moneys in the family stabilization services fund, and moneys received through civil docket fees to the fund.

APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004