Human Services Social Services - Digest of Bills

Digest of Bills - 2007

HUMAN SERVICES - SOCIAL SERVICES

S.B. 07-5 Colorado works - repeal of obsolete audit provision. Repeals an obsolete provision in the Colorado works program statute that refers to an audit evaluation that was eliminated after the legislative oversight committee was repealed in 2004.

BECAME LAW March 17, 2007
APPROVED by Governor March 19, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-12 Child care - exempt family child care home providers - fingerprint-based criminal history records check. Requires a person who provides child care through a family child care home that is exempt from licensing ("exempt family child care home provider") for a child whose care is funded in part or in whole from publicly funded state child care assistance programs to undergo a fingerprint-based criminal history records check ("FCC"). Applies to exempt family child care home providers who receive payments directly from county departments based on contracts or other payment agreements for funding on behalf of the child under a publicly funded state child care assistance program.

Allows an exempt family child care home provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation to continue to receive moneys under the Colorado child care assistance program pending the receipt of the results of the FCC.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

S.B. 07-14 State and veterans nursing homes - operational expenses and capital improvement. Directs the general assembly to appropriate moneys to the central fund for state nursing homes. Directs the department of human services to use the moneys appropriated for operational expenses for and capital improvements to state nursing homes.

APPROVED by Governor May 25, 2007
EFFECTIVE July 1, 2007

S.B. 07-33 Adoption - special needs or at-risk adoptions - cost of care. Defines "cost of care" for a child placed out of the home as including any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.

Restricts the cost of care for an adoptive family who receives an approved adoption assistance subsidy to the amount of the adoption assistance payment.

Transfers language that addresses petitions for placement of a child out of the home for longer than ninety days out of the dependency and neglect section of statute into the statutory sections on legal guardianship and custody.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

S.B. 07-64 Child care - task force on foster care and permanence - repeal. Establishes a task force to address problems in the state's child foster care and adoption systems. Specifies membership of the task force and issues the task force shall consider. Directs the task force to report to the governor, the chief justice of the Colorado supreme court, and the judiciary and health and human services committees of the general assembly by May 31, 2008. Requires the task force to meet monthly until it submits its report. Repeals the task force July 1, 2008.

APPROVED by Governor March 30, 2007
EFFECTIVE March 30, 2007

S.B. 07-128 Homeless youth shelters - use of general fund moneys. Repeals the prohibition against using general fund moneys to implement the "Homeless Youth Act".

APPROVED by Governor March 29, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-132 Mental health services - repeal Geobel provision. Repeals the provision stating that the department of human services shall administer mental health services pursuant to a lawsuit.

APPROVED by Governor April 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-212 Public services short-term child care facilities - regulation - exemption from immunization requirements. Allows a public services short-term child care facility to operate subject to specified requirements in lieu of licensure on the same basis as a guest child care facility. Defines a public services short-term child care facility as a child care facility operated on a limited basis by a county department of social services or a court to provide child care for parents doing business with the county department or court. Lists the requirements the public services short-term child care facility shall meet, including fire and safety inspections, retention of records, fingerprint-based criminal history record checks for supervisory and other employees, and maximum employee-to-child ratios. Also requires the public services short-term child care facility to ensure that at least one employee is on duty at the facility who holds a current first aid and safety certificate.

Exempts a public services short-term child care facility and a guest child care facility from the statutory requirements pertaining to immunization records.

APPROVED by Governor May 14, 2007
EFFECTIVE May 14, 2007

S.B. 07-224 At-risk adult protection teams. Requires a county or a contiguous group of counties in which a minimum number of reports of mistreatment or self-neglect of at-risk adults are filed to establish an at-risk adult protection team. Specifies duties of the at-risk adult protection team.

APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007

S.B. 07-225 Colorado works - work participation rates - strategies. Directs counties and the department of human services ("state department") to adopt strategies to increase the work participation rates of persons in the Colorado works program. Identifies potential strategies. Directs the state department to develop and provide technical assistance on strategies to counties. Requires counties to submit annual reports to the state department and the state department to submit annual reports to specified committees of the general assembly.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

S.B. 07-252 Family resource centers - funding. Removes the prohibition against direct general fund appropriations by the general assembly to the family resource center program. Allows counties flexibility in administration of county-controlled funds by clarifying that a family resource center is allowed to accept and spend contract funds.

APPROVED by Governor May 30, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1025 Child welfare services - funding. Requires the department of human services ("department") to review rates, services, and outcomes negotiated by counties with providers. Requires the department to promulgate rules governing how counties may negotiate rates, services, and outcomes with providers. Requires a county that negotiates or renegotiates rates, services, and outcomes with providers to include as part of the negotiations or renegotiations cost of living adjustments and provider rate increases approved by the general assembly. Requires the department to review the rate-setting process every 2 years.

APPROVED by Governor April 26, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1062 Early childhood education and care - early childhood councils - early childhood advisory team - funding - voluntary child care credentialing system - evaluation - early childhood cash fund - analysis of child care assistance program funds and policies - appropriation. Repeals the pilot program for community consolidated child care services ("pilot program"), and establishes a statewide system of early childhood councils ("councils") that incorporates existing pilot program councils with newly designated councils.

Directs the various participating counties to designate a convening entity for each council, and requires the convening entity to approve council members. Creates an application process to receive designation as a council. Outlines the essential community representation on a council, as well as suggested participation.

Sets forth the duties of the councils, including but not limited to increasing and sustaining the quality, accessibility, capacity, and affordability of early childhood services for children 5 years of age or younger and their parents.

Outlines the application process for funding for a council. Allows a council to request from the state department of human services ("department") a waiver of any rule that would prevent it from implementing council projects.

Creates the early childhood council advisory team ("advisory team") in the office of the lieutenant governor, and outlines its membership and functions. Directs the department to develop and maintain a statewide voluntary child care credentialing system that shall include, but need not be limited to, the councils. Directs the department, together with the advisory team, to contract with a third party to prepare an independent evaluation of the statewide system of early childhood councils to determine its effectiveness in serving children and families.

Creates the early childhood cash fund. Authorizes and directs the office of the state auditor to conduct a performance audit of the use of moneys from the child care assistance program. Defines areas to be assessed and reports to be made based on findings.

Makes the following appropriations for the 2007-08 fiscal year:

● Appropriates $1,022,168 from the general fund to the early childhood cash fund and further appropriates those moneys to the department of human services, division of child care.

● Appropriates to the department of human services, division of child care, $1,022,169, from federal child care development funds, and 1.0 FTE.

● Appropriates to the department of education $1,912,051 and 1.0 FTE from cash funds exempt received from the department of human services out of the appropriations made in sections (1) and (2) above.

● Appropriates to the governor-lieutenant, governor-state planning and budgeting, office of the lieutenant governor, $80,543 and 1.0 FTE from cash funds exempt received from the department of human services out of the appropriation made in section (2) above.

● Adjusts the annual general appropriation act for the fiscal year beginning July 1, 2007, by decreasing by $2,044,337 the appropriation to the department of human services, division of child care, for the child care assistance program.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1211 State and veterans nursing homes - board of commissioners - created - repeal. Creates the board of commissioners of state and veterans nursing homes in the department of human services ("board"). Specifies the functions and membership of the board and how members are appointed. Specifies the powers and duties of the board. Clarifies that the creation of the board shall not be construed to abridge, amend, or supersede any provision of a contractual agreement that the department of human services has entered into with any of the state and veterans nursing homes. Repeals the board in 2017 following sunset review.

APPROVED by Governor April 9, 2007
EFFECTIVE July 1, 2007

H.B. 07-1212 State and veterans nursing homes - local advisory boards - repeal. Requires the state board of human services, with input from the division within the department of human services that is responsible for state and veterans nursing homes, to promulgate rules concerning the creation and operation of local advisory boards at certain state and veterans nursing homes. Specifies the membership of the local advisory boards. Repeals the local advisory boards in 2017 following sunset review.

APPROVED by Governor March 29, 2007
EFFECTIVE July 1, 2007

H.B. 07-1274 Individuals who are blind or visually impaired - commission - appropriation. Creates the Colorado commission for individuals who are blind or visually impaired ("commission") within the department of human services. Specifies the membership of the commission.

Requires the commission to:

● Make recommendations concerning the provision of vocational rehabilitation services, job placement services, and vocational training for individuals who are blind or visually impaired;

● Make recommendations concerning the provision of independent living services for individuals who are blind or visually impaired;

● Make recommendations concerning responsibilities for establishing and carrying out a business enterprise program for individuals who are blind or visually impaired;

● Serve as a liaison between the blind and visually impaired community and the general assembly, the governor, and Colorado state departments and agencies;

● Serve as an information resource to the state and the blind and visually impaired community; and

● Make recommendations concerning responsibilities for developing and administering any other program that will further the provision of services to individuals who are blind or visually impaired.

Sets the procedures for operation of the commission and appointment of its members. Authorizes the commission to issue a report with recommended legislation to the general assembly and the governor. Provides for review of the commission prior to its repeal, effective July 1, 2012.

For the 2007-08 fiscal year, appropriates $95,152 from the Colorado disabled telephone users cash fund to the department of regulatory agencies, public utilities commission, and further appropriates the moneys to the department of human services, for allocation to the division of vocational rehabilitation for the implementation of the act.

APPROVED by Governor May 24, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1324 Older Americans act programs - accumulated interest from older Coloradans cash fund - appropriation. States that a restriction that requires appropriating moneys from the older Coloradans cash fund as a whole does not apply to appropriations of accumulated interest from that fund.

Appropriates $40,000 to the department of human services from the older Coloradans cash fund for older Americans act programs. Specifies that the department of human services is expected to receive an additional $680,000 in federal funds for the implementation of the act.

APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007

H.B. 07-1349 County department of social services - emancipated child - adjustments to income of responsible parent - health care insurance - parentage and support proceedings - collection of fee from obligee - review of child support order - withholding and reporting gambling winnings - appropriations. Modifies circumstances in which the attorney for a county department of social services ("county department") may enter an appearance in a dissolution proceeding. Specifies 2 situations in which a child is considered emancipated for purposes of determining when child support terminates. Modifies the calculation of certain adjustments to the income of a parent responsible for child support.

Specifies that, if a spouse of a parent provides health care insurance for the parent's child, a credit on the child support worksheet shall be given to the parent in the same manner as if the premium were paid by the parent. Specifies that the right to require a hearing before a judge does not apply to parentage proceedings or support proceedings held pursuant to the children's code. Specifies that contested final orders in those proceedings regarding the allocation of parental responsibilities may be heard by the juvenile court magistrate with the consent of the parties. Requires a county department to collect a fee from an obligee that never received public assistance, once $500 in support has been received.

Requires a party to provide financial information when requesting a review of a current child support order. Requires the delegate child support enforcement unit, if the obligee is receiving temporary assistance to needy families, to review a child support order every 36 months. Specifies the content required for the notice of review of a current child support order. Modifies the requirements for conducting the review. Requires the delegate child support enforcement unit to include a child support guideline worksheet with the review results and to provide the parties with the supporting financial documentation used to calculate the monthly support obligation.

Modifies the time frames applicable to challenges of the review results. Specifies notice and procedures on completion of the challenge. Replaces the requirement to send the national medical support notice to the obligor with an additional advisement of rights.

Permits an obligor or obligee to file a written request for review of an administrative child support order with the delegate child support enforcement unit. Requires the requesting party to submit financial information with the request. Requires the delegate child support enforcement unit to review and grant or deny each request received. Specifies the requirements for notice and review of an administrative child support order.

Creates the "Gambling Payment Intercept Act" ("act"). Applies certain moneys won in limited gaming and pari-mutuel wagering by a parent subject to a child support order to the parent's outstanding support obligation. Requires the department of revenue to create and maintain a registry for the purpose of registering information concerning the gambling winnings of parents with outstanding child support obligations. Requires the department of human services to certify to the registry operator information regarding each child support obligor with an outstanding child support obligation. Requires certain licensed gambling establishments ("licensee") to report gambling winnings information to the registry operator, and permits the licensee to pay winnings to the winner if the winner is not listed in the registry. If the winner is listed in the registry, requires the licensee to withhold payment of winnings in the amount of the winner's child support obligation. Requires the licensee to send withheld amounts to the registry operator, and directs the registry operator to forward withheld amounts to the department of human services for processing.

Specifies that a licensee that refuses to comply with the provisions concerning the withholding and reporting of gambling winnings shall be subject to administrative sanctions. Specifies that a licensee that makes a payment to a winner in violation of the provisions shall not be liable to the person to whom the winner owes the child support obligation. Immunizes a licensee from civil and criminal liability for acting in compliance with the reporting provisions.

Permits the department of revenue to contract with a private entity for the creation and maintenance of the registry. Permits the department of revenue to enter into a memorandum of understanding with the department of human services to implement the act. Requires the department of revenue to promulgate rules to implement the act and to enable a licensee to retain a portion of a withheld payment to cover the licensee's costs of compliance, which amount shall be added to the winner's outstanding child support obligation. Repeals the act if, within 12 months beginning July 1, 2008, there is no winner identified as listed in the registry to whom payment would be payable by a licensee.

For the 2007-08 fiscal year, appropriates $40,440 to the department of human services for the implementation of the act, and appropriates $2,575 to the department of revenue, taxpayer service division, for the implementation of the act.

APPROVED by Governor May 31, 2007
PORTIONS EFFECTIVE May 31, 2007
PORTIONS EFFECTIVE October 1, 2007
PORTIONS EFFECTIVE January 1, 2008
PORTIONS EFFECTIVE July 1, 2008