Bill Tracker

The bill permits adoptive parents who are parties to an adoption
assistance agreement (agreement) to pay for services or items from a
provider that is not enrolled in the medical assistance program. These

services or items would otherwise be reimbursable under the medical
assistance program pursuant to the terms of the agreement. The adoptive
parents must determine if the special needs of the child or youth require
items or services from the provider and must enter into a documented
agreement with the provider in which the adoptive parents agree to bear
the cost of the items or services.

Monitor & ensure amendment is added. 

This bill allows adoptive parents to pay for services/supports that are not covered by insurance or Medicaid. On the surface, it doesn't seem like there would be an impact but it's possible that adoptive parents will come back to the counties and ask for reimbursement of those outside expenses. We think there’s a need for some limiting language that the families can't use these expenses as a reason to ask for more money from the counties.  CDHS has said that they will be asking for an amendment along these lines.

Support

Monitor

The bill requires a provider of services related to child and youth
out-of-home placement (service provider) to provide fair and equal access
to all available programs, benefits, and services offered by the service
provider. Services related to out-of-home placement must be provided in
a manner that is culturally responsive to the complex social identity of the
youth receiving such services.

A service provider is prohibited from denying any person the
opportunity to become an adoptive or a foster parent, or delaying or
denying the placement of a child for adoption or into foster care, on the
basis of the real or perceived disability, race, creed, religion, color, sex,
sexual orientation, gender identity, gender expression, marital status,
national origin, ancestry, or any communicable disease, including HIV,
of the prospective adoptive or foster parent or the child.
The bill requires that foster parent training include instruction on
the right of a foster child to have fair and equal access to all available
services and other health and educational services available to foster
children.

Support

This bill is intended to ensure equal access to out-of-home services/placement/educational settings, specific to each child’s cultural and identity needs, and specifically calls out discrimination against potential foster and adoptive families. We serve many children who are in our custody and in the custody of kin, some of whom are legally free and are in need of foster care and adoption. The needs are unique to each child. A few other counties are concerned and we are working with others on amendments. 

Proposed amendment “cannot make a decision solely on the basis or race etc.” 

Amdts  will also be added re: ensuring this does not require limited service providers from having to provide a service they do not.

Support

Support

The bill requires the state department of human services (state
department) to reimburse a county or district department of human or
social services (county department) for costs paid by the county
department to a public or private driving school for the provision of
driving instruction to an individual in the custody of the county

department who is 15 to 20 years of age.
The bill states that it does not waive or limit a county department's
governmental immunity or place any liability on a county department for:
  • Contracting with a driving school to provide driving
instruction to an individual who is in the custody of the
county department; or
  • An injury alleged to have occurred while an individual in
the custody of the county department received driving
instruction.
The bill requires the state board of human services to promulgate
rules on or before December 1, 2021, to administer the new requirements.
The bill states that:
  • A guardian ad litem, an official of a county department, or
an official of the division of youth services in the state
department who signs a minor's application for an
instruction permit or a minor driver's license but does not
sign an affidavit of liability does not impute liability on
themselves, on the county, or on the state for any damages
caused by the negligence or willful misconduct of the
applicant; and
  • An individual who is in the custody of the state department
or a county department who does not possess all of the
required documents to apply for an instruction permit or a
minor driver's license may be eligible for exception
processing pursuant to rules of the department of revenue.
The bill requires the executive director of the department of
revenue to promulgate rules on or before November 1, 2021, establishing,
to the extent permissible under federal law, forms of documentation that
are acceptable for the purpose of allowing individuals who are in the
custody of the state department or a county department to verify their
legal residence in the United States, establish identity, and satisfy any
other prerequisites for the acquisition of an instruction permit or a minor
driver's license.

Support

The bill requires the state reimburse the county for driving classes and instruction.  This bill removes some of the barriers for youth in care to get a driver’s license.     It further describes when and when the county is not liable for accidents caused by the youth.   Jefferson County already has a set process for approving youth in custody to get their license so it really doesn’t affect us, but we do support this.

Support

Support

The bill creates the foster youth in transition program (transition
program) in the state department of human services (state department) to
be implemented in county departments of human or social services
(county departments) throughout the state. The purpose of the transition
program is to allow foster youth who meet eligibility criteria to
voluntarily continue to receive certain child welfare services (services) up

until the last day of the month of the youth's twenty-first birthday, or such
greater age of foster care eligibility as required by federal law. Services
provided through the transition program must be client-directed and
developmentally appropriate as set forth in and agreed to through a
voluntary services agreement (agreement) developed and entered into
between the youth and county department.
The bill sets forth the eligibility criteria a youth must meet in order
to voluntarily participate in the transition program. A youth who is no
longer under the jurisdiction of the juvenile court and thinks he or she is
eligible for the transition program may make a written request to the
juvenile court (court) or county department where the youth resides. The
county department shall make a determination of eligibility. If the youth
is eligible, the county department shall explain the requirements and
benefits of the transition program to the youth and, with the youth,
develop an agreement that must be provided to the juvenile court together
with a petition to renew jurisdiction with the juvenile court.
The bill describes the services and supports that will be made
available to a youth through the transition program, including assistance
with enrolling in medicaid; assistance with securing appropriate housing;
and providing case management services, such as developing a roadmap
to success, obtaining employment, obtaining critical documents and
records, and accessing information about relatives and siblings, if
available and appropriate.
The bill sets forth the form and content required for a petition to
bring the youth under the juvenile court's jurisdiction. Upon receipt of
informed, written consent of the youth, a person may be named as a
special respondent in a case brought pursuant to the transition program.
A youth participating in the transition program must be appointed
counsel from a list of attorneys approved by the office of the child's
representative. If the youth is 18 years of age or older and, due to
diminished capacity, needs a guardian ad litem, one may also be
appointed.
Procedures for emancipation discharge and transition hearings
(hearing) are described in the bill, including a requirement to have a
personalized emancipation transition plan finalized for the youth no more
than 90 days prior to a hearing. The county department shall file a report
with the court at least 7 days prior to a transition hearing that includes
relevant details concerning a youth's status and plans to either emancipate
or enter the youth in transition program. With the youth's consent and in
certain circumstances, the court may continue a transition hearing for up
to 119 days.
The court shall hold periodic reviews of the youth's case at least
every 6 months to ensure that the transition program is providing the
youth with the necessary services to help the youth move toward
permanency and a successful transition to adulthood. The bill sets forth
procedures for the periodic reviews. The bill grants continuing
jurisdiction in a youth's case to the juvenile court under certain situations.
The bill creates the foster youth successful transition to adulthood
grant program (grant program) and associated advisory board (advisory
board). The purpose of the grant program is to support eligible youth to
successful transition into adulthood. Youth are eligible for services from
recipients of grants from the grant program if they are between the ages
of 18 and 23, were in foster care or adjudicated dependent and neglected,
and are participating voluntarily. The advisory board shall meet at least
2 times per year, and the bill outlines membership.
The state department is directed to promulgate rules for the
implementation of the transition program.
The bill makes conforming amendments.

Monitor

The bill creates the foster youth in transition program in CDHS to be implemented by county HS depts. It will allow foster youth who meet eligibility criteria to voluntarily continue to receive certain child welfare services thru the age of 21 (such as Medicaid, housing, case mgmt., employment etc.) – a population they haven't served before and will create a new court process for these types of cases. Services provided through the transition program are agreed to through a voluntary services agreement developed and entered into between the youth and county department. 

The bill creates the foster youth successful transition to adulthood grant program, what is now Chafee, to support eligible youth to successful transition into adulthood. Youth are eligible for services from recipients of grants from the grant program if they are between the ages of 18 and 23, were in foster care or adjudicated dependent and neglected, and are participating voluntarily.
Concerns include the number of youth who might request to return to child welfare for services and placement is unknown.   The impact on county child welfare programs could be significant, legal expenditures for filing, case worker support for case management and placement services.  This is also a unique skill set that the entirely of child welfare caseworkers do not readily have.   The addition of a workforce trained to youth needs would be needed to produce the outcomes the bill seeks.

Monitor; seek amendments

Monitor; Seek amendments

The bill creates certain rights for foster parents. The rights do not
apply to persons against whom criminal charges have been filed for child
abuse, an unlawful sexual offense, or any felony.

Oppose unless amended

This bill expands the participation and rights of foster parents to participate in D&N cases and related decision making on the cases, and would be a big impact to our practice, as it would allow/require foster parents to be almost equal decision makers on a case to the professionals and actual parties to the case. A detailed list of concerns was shared with the CHSDA legislative group. This bill should be amended/changed to just require CDHS to put out a notice of foster parent rights as they exist in statute, regulation, and case law now.  From a fiscal impact, if foster parents are given these expanded rights, it may result in increased litigation costs.

Monitor; seek amendments

Oppose unless amended

The bill addresses multiple recommendations from the Colorado
behavioral health task force (task force), created in 2019, related to the
creation of a behavioral health administration (BHA). The BHA would
be a single state agency to lead, promote, and administer the state's
behavioral health priorities.

The bill requires the department of human services (department)
to submit a plan for the creation and establishment of the BHA on or
before November 1, 2021, to the joint budget committee and on or before
January 30, 2022, to the department's committees of reference. The bill
outlines what the plan must, at a minimum, include. The essential duties
of the BHA, once established, are set forth.
A timeline is described for the establishment of the BHA in the
department and for a future determination of what state department, if
different than the department of human services, the BHA will exist.

Monitor with amendments

This bill creates a single state agency Behavioral Health Administration based on recommendations from the CO behavioral health task force.  It will lead, promote and administer the state’s behavioral health priorities.  We like this bill if it will truly provide easy access to services.  Positive that it integrates physical and behavioral health. Tight deadlines to accomplish much in the bill. 

Support

Support

Current law does not expressly recognize domestic abuse as a form
of child abuse or neglect. The bill adds domestic abuse, when a child's
parent, legal guardian, or custodian exposes a child to their perpetration

of domestic abuse, to the definition of child abuse or neglect.
Under current law, child welfare caseworkers do not have
established training policies or assessment procedures to identify and
assess situations when a child's parent, legal guardian, or custodian
exposes a child to their perpetration of domestic abuse. The bill requires
the department of human services to promulgate rules to implement
assessment policies, procedures, and training for child welfare
caseworkers to recognize and assess situations when a child's parent, legal
guardian, or custodian exposes a child to their perpetration of domestic
abuse.

Support

This bill creates a new category of abuse/neglect of domestic violence.  We have had the CAO at the table on the development of the language of the bill and can live with its current form. 

(We do believe this concept currently exists under the umbrella of “injurious environment”, and that child welfare already has the authority - and actively practices - involvement with families when children are exposed to domestic violence.  We disagree that child welfare does not have policies/procedures/training for caseworkers to recognize and assess domestic violence situations’ these policies/procedures/training already exist within the current child welfare system. The Safety Assessment currently addresses concerns of domestic violence and has a specified category to identify when these concerns are present with the family dynamics.  There is currently extensive training available regarding domestic violence including this being present in the fundamentals training.)  We anticipate rule changes from the legislation.

Support

Support

With respect to a hearing in dependency and neglect for a child
under 6 years of age, the bill states that a court may find good cause for
granting a delay or continuance if there is evidence that in-person
visitation or services were significantly delayed or interrupted by a public
health emergency.
When a child is taken into the custody of a county department of

human or social services (county department) for allegations of neglect
or for other reasons, the bill requires the court to enter temporary
visitation orders with the child's parent if such orders are in the child's
best interests. The bill sets forth the contents of those orders, including
the minimum frequency and level of supervision of the visits. The court
shall order ongoing, in-person visitation unless it finds that in-person
visitation would endanger the child's health or welfare. Within 30 days
after the initial hearing, the county department shall make
recommendations to the court concerning ongoing visitation between the
parent and child and between the child and the child's siblings. A parent
is entitled to a hearing prior to an ongoing reduction in, suspension of, or
increase in the level of supervision, including a change from in-person
visitation to virtual visitation. The bill requires the court to enter visitation
orders consistent with the bill in various phases of the court proceedings.
The bill sets forth requirements for an open adoption in Colorado,
including provisions for entering into post-adoption contact agreements
between a child and the child's birth parent or parents, a birth relative, or
an Indian tribe if the child is a member. A post-adoption contact
agreement may include provisions for contact, visitation, or the exchange
of information. If a child is 12 years of age or older, the court shall not
order a post-adoption contact agreement unless the child consents to all
terms of the contact agreement. The bill includes provisions for the
enforcement, modification, and termination of a post-adoption contact
agreement.

Oppose unless amended

This bill attempts to do 3 separate, unrelated things related to child abuse and neglect cases.  1. allow courts to exceed the timelines for D&N cases when there’s a public health crisis.  2. outlines with a great deal of specificity what visitation between parents and children should look like in child abuse and neglect cases.  3.   Allow for open adoption contracts to be done in Colorado.

The main area of concern is with the visitation section.  It imposes a lot of requirements on child welfare to provide additional reports to the court and imposes much stricter oversight and timelines by the court around visitation.  This is an important area that probably should have more oversight in law but it’s not something that can be thrown together in a couple weeks.

Support

Support

Under existing law, certain residential landlords must give 10 days'
notice to tenants prior to starting eviction proceedings for failure to pay
rent or for a first or subsequent violation of any other condition or
covenant other than a substantial violation. The bill requires landlords to
give 14 days' notice in those situations.
Under existing law, the clerk of the court or the attorney for the

plaintiff may issue a summons to a defendant in an eviction action. The
bill requires that the clerk of the court issue the summons in a residential
eviction action. The bill extends the period for which the summons must
be issued from 7 days before the court appearance to 14 days before the
court appearance.
Under existing law, in certain circumstances, a person may serve
a notice to quit or summons to the tenant by posting a copy of the notice
or summons and the complaint in a conspicuous place upon the premises
and a person may serve a notice to quit by leaving it with a member of the
tenant's family who is at least 15 years old. The bill removes those
provisions for service in residential tenancy actions and requires that the
notice to quit or summons be served in the same manner as any other civil
action.
Under existing law, if a landlord wins judgment in an eviction
action, the court cannot issue a writ of restitution, which directs the
county sheriff to assist the landlord in removing the tenant, until 48 hours
after judgment. The bill extends the period for residential evictions to 14
days after judgment.
The bill prohibits residential landlords from increasing rent more
than one time in a 12-month period of tenancy.
The bill extends the notice period for nonpayment of rent for a
home owner in a mobile home park from 10 days to 14 days.
Under existing law, for a tenancy of one month or longer but less
than 6 months in which there is no written agreement between the
landlord and tenant, a landlord must give 21 days' written notice to the
tenant prior to increasing the rent. For a residential tenancy, the bill
extends the notice period to 60 days and makes it apply to a tenancy of
any duration without a written agreement. The bill prohibits a landlord
from terminating a residential tenancy in which there is no written
agreement with the primary purpose of increasing a tenant's rent without
providing 60 days' notice.

Actively Support

This bill introduces several protections for renters facing eviction including: 1. extends the time of eviction notice from 10 days to 14 days; 2. extends the requirement of a court appearance from 7 days to 14 days; 3. extending the time of the actual eviction from the property (if the landlord wins the judgement) from 48 hours to 14 days. Additionally this provides for general renter protections on rent increases and notices: 1. landlords may not increase rent more than one time in a 12 month period; 2. renters with a lease agreement must be given 60 day notice of increase; 3. for month to month renters landlords are required to provide 21 day notice of increase; 4. landlords without lease agreement wanting to terminate the tenancy for the purposes of increasing rent must provide 60 day notice. 

CO has very limited renter protections; landlords are able to evict people for numerous reasons that are often no fault of the renter. This bill is a good start at providing better protections for residents we serve. Greater notice requirements such as those in this bill, as well as eviction timelines enable a better opportunity to locate additional housing OR correct prior errors with the landlord.  Many assistance programs take a some time to navigate and receive payment at no fault of the requestor. This would help prevent homelessness in some cases, ultimately lowering costs for service providers serving homeless populations.

update from BCC: Cmmr. TKT would welcome discussing with staff the issues around the bill and how it might be amendable.

Monitor

Legislative Audit Committee. The bill authorizes the department
of human services (state department) to disclose the results of a CAPS
check without a court order to:
  • The department of regulatory agencies (DORA) for the
purpose of a regulatory investigation; or
  • The court if an individual is petitioning the court for

conservatorship or guardianship of an at-risk adult.
The bill requires an employer and an employee to provide, upon
request of the county department of human or social services and for the
purposes of an investigation into an allegation of mistreatment, access to
the professional license number issued by DORA for the employee who,
as a result of the investigation, is substantiated in a case of mistreatment
of an at-risk adult.
Current law requires the state department to promulgate rules to
establish a process at the state level by which a person who is
substantiated in a case of mistreatment of an at-risk adult may appeal the
finding to the state department. The bill requires the state department to
promulgate rules to address the process to share information on the
outcome of an appeal with DORA if DORA requests information for the
purpose of a regulatory investigation. Appeal information is confidential
and used only for the regulatory investigation.
Beginning January 1, 2022, prior to appointing a person as a
conservator or guardian of an at-risk adult, the court that receives a filing
of a petition for conservatorship or guardianship shall request a CAPS
check by the state department, and the state department shall provide the
results of a CAPS check to the court, to determine if the person is
substantiated in a case of mistreatment of an at-risk adult.
The bill requires the state department to promulgate rules that
address:
  • The process for the state department to notify DORA when
a professional regulated by DORA is substantiated in a case
of mistreatment of an at-risk adult; and
  • The information that will be made available to DORA for
the purpose of conducting a regulatory investigation.
A person who may be appointed as a conservator or guardian of an
at-risk adult who knowingly provides inaccurate information to the court
for a CAPS check commits a class 1 misdemeanor.
Beginning January 1, 2022, prior to appointing a person as a
conservator or guardian of an at-risk adult, the court shall request a CAPS
check by the state department to determine if the person is substantiated
in a case of mistreatment of an at-risk adult. Within 7 calendar days after
the date of the court's request, if the person has been substantiated in a
case of mistreatment of an at-risk adult, the state department shall provide
the court with information concerning the mistreatment, unless the
finding was expunged through a successful appeal to the state department.
The bill requires the state department to notify DORA within 10
calendar days after a substantiated finding of mistreatment by a
professional regulated by DORA. Any information provided to DORA is
confidential.
The bill requires a licensee, certificate holder, or registrant
substantiated in a case of mistreatment of an at-risk adult to provide the
person's professional license number to county adult protective services.

Support

This bill authorizes the sharing of adult protection abuse registry (CAPS) checks and the results from them with DORA or the courts when someone is applying for guardianship in an adult protection case.

Certain employers are required to run a CAPS check prior to hiring someone who will be providing direct care to at risk adults.  The check identifies if the person has been substantiated in an APS case of causing harm to an at-risk adult.  DORA maintains licensure for certain professionals that might be required to have a license - such as a therapist - for example. Sharing the results of a CAPS check is important because by notifying DORA it allows them to address the concerns at the licensure level, thus, keeping the person from being able to secure future employment using their license. It helps keep the at-risk adult safe if there are findings about individuals who work in facilities and have licenses. 

The other provision requires the courts to run CAPS checks to see if people have findings before they are given guardianship of our clients.  This also keeps our clients safe and promotes the least restrictive option for guardianship by a family/relative.

Support

The bill creates the tenants' rent payment information pilot
program (pilot program) and directs the Colorado housing and finance
authority (authority) to contract with a third party to administer the pilot
program in accordance with rules promulgated by the authority.
The administrator shall recruit no more than 10 landlords to

participate in the pilot program. A tenant may participate in the pilot
program only if the tenant elects to participate and completes a financial
education course.
On or before January 1, 2024, the authority, in consultation with
the administrator, shall submit to applicable legislative committees of
reference a report concerning the pilot program.
The pilot program is repealed, effective June 1, 2024.

Support

This bill creates a tenant information pilot program. Colorado Housing Finance Authority will receive more funds to contract with a third party to administer the program. They will recruit no more than 10 landlords. Tenants will only participate if they choose to AND complete a financial education course first; approx.. 100 tenants will be recruited. This will allow rental tenants to establish good credit by having rent payments reported to the credit bureaus as agreed under the pilot program. Renters often have more limited options to establish good credit history which ultimately hinders their ability to pursue the purchase of a house. Homeownership is a significant factor in reducing poverty rates.

Support

Current law provides for the establishment of a single entry point
system that consists of single entry point agencies throughout the state for
the purpose of enabling persons 18 years of age or older in need of

long-term care to access appropriate long-term care services.
The bill requires the state board of the department of health care
policy and financing (department) to adopt rules providing for the
establishment of a redesigned case management system (system), no later
than July 1, 2024, that consists of case management agencies throughout
the state for the purpose of enabling individuals in need of long-term care
to access appropriate long-term services and supports. No later than
December 31, 2021, the department shall work with stakeholders to
develop a timeline for the implementation of the system. No later than
December 31, 2022, the department shall issue a competitive solicitation
in order to select case management agencies for the system.
The bill makes conforming amendments to replace the terms
community-centered board and single entry point agency with case
management agency.

Monitor closely

This bill requires HCPF to develop rules to provide a new redesigned case management system for long-term care services by July 1, 2024. It establishes that by 12/31/2021, HCPF will develop a timeline for implementation of this new system and by 12/31/2022, HCPF will issue a competitive solicitation to select case management agencies for the new system.

This bill will directly and significantly impact our Single Entry Point case management services unit. We will need to determine our interest and ability to provide case management services as determined within the parameters of the competitive solicitation.  If the county elects to no longer provide case management services as a result, or if we are not awarded a contract, then we will be required to cease service provision of, and transition case management services for, approximately 2400 Jefferson County residents who receive long term care services.

The competitive solicitation process is the beginning of many questions - if Jefferson County is not awarded a contract, we will lose not only current revenue of approximately $3.5 million dollars, but jobs as well. It is unknown at this time the approximate cost of providing case management services under the guidelines of the new case management system. It is also unknown about what the regions will look like, which could be vastly different from our service area for our SEP now. If we are awarded a contract under this new redesign, it will most likely need to expand into the work currently done by DDRC now.  We are actively talking with DDRC, which is a CCB (Community Centered Board) and will effectively be dissolved in statute under this bill.  The difference between us and DDRC is that our SEP manages a certain set of Medicaid ‘waivers’ which support individuals with need, and DDRC manages other Medicaid ‘waivers’ that more closely target individuals with IDD diagnoses.  This bill will collapse that world, so promises to radically change how the structure of entities (SEPs & CCBs) look when delivering these services. 

Monitor Closely

Under current law, adults and juveniles can file motions for relief
from collateral consequences. The bill states that a motion can be filed
related to convictions retroactively.
The bill allows the state public defender and the office of alternate
defense counsel to seek and accept gifts, grants, and donations for the
purposes of representing defendants in record sealing proceedings.

The bill creates an automatic sealing process for arrest records
when no criminal charges are filed. For arrest records on or after January
1, 2022, the Colorado bureau of investigation (CBI) shall seal arrest
records in its custody and control after a year has passed without the filing
of criminal charges. For arrest records before January 1, 2022, CBI shall
seal arrest records for:
  • Felonies with a 3-year statute of limitations if 3 years has
passed since the date of arrest without the filing of charges;
and
  • Misdemeanors, traffic misdemeanors, petty offenses, or
municipal violations with an 18-month statute of
limitations or less if 18 months has passed since the date of
arrest without the filing of charges.
Felony arrest records with a statute of limitations of longer than 3
years or with no statute of limitation are not eligible for automatic sealing.
Under current law misdemeanor offenses ineligible for sealing are
eligible if the district attorney consents to the sealing or if the court finds,
by clear and convincing evidence, that the petitioner's need for sealing of
the record is significant and substantial, the passage of time is such that
the petitioner is no longer a threat to public safety, and the public
disclosure of the record is no longer necessary to protect or inform the
public. The bill adds drug level 1 felonies, class 4, class 5, or class 6
felonies, or unclassified felonies that are not a crimes of violence to those
offenses eligible.
The bill creates a process for a person with multiple conviction
records that are eligible for sealing due to an intervening conviction to
petition the court in a civil proceeding to have the records sealed. The
district attorney has an opportunity to object, and if the district attorney
objects, the court sets the matter for hearing to determine whether to seal
the records.
The bill allows a person who receives a full pardon to have his or
her conviction record sealed.
The bill creates a process to automatically seal drug convictions.
The state court administrator (administrator) shall compile a list of drug
convictions that are eligible for sealing under current law, and:
  • If the drug conviction is for a petty offense or
misdemeanor, that 7 years have past since the disposition
of the case; or
  • If the drug conviction is for a felony, that at least 10 years
have past since the disposition of the case.
After the administrator compiles the list, the administrator shall
send the list to the Colorado bureau of investigation (bureau) for review
and the bureau shall remove any convictions in which the identity of the
defendant is unverifiable or convictions in the which defendant had
another conviction during the waiting period. The bureau shall send its
list to each district attorney in the state. The district attorney shall remove
any convictions in which a condition of a plea was that the defendant
agreed to not have the case sealed and convictions in which the defendant
has pending criminal charges. Each district attorney shall send its
amended list to the administrator. The administrator shall compile each
of the lists into one list and sort the convictions by judicial district.
If the chief judge of a judicial district authorizes the administrator
to issue sealing orders, the administrator shall issue sealing orders based
on the list received from the district attorneys. If the chief judge of a
judicial district does not authorize the administrator to issue sealing
orders, the district attorney shall send the list to the chief judge for the
judicial district and the courts of that judicial district shall enter sealing
orders based on the list received.
The administrator shall develop a website that allows defendants
to confidentially determine whether his or her conviction has been sealed
and information about how to receive a copy of the sealing order.

Monitor

The bill creates an automatic sealing process for arrest records when no criminal charges are filed. I appreciate the sealing of arrest records when charges have not been filed.  This appears to not align with 7.304.21 D (6) (b) as this section does not have time frames related to convictions of certain crimes (although I would love to see some time frames for some of these).  12 CCR 2509-1 is referenced in rule.  This also does not align with licensing rules and caseworker background checks (Section 26-6-104(7).  I assume that Jennifer M is reviewing related to these issues. From a race, equity and disproportionality perspective, I can see many benefits to this.  How will individuals know of this possibility?

We believe that if this legislation is passed that statutes related to background checks for placement with kin will need to be updated along with licensing rules and caseworker background checks

The bill requires that family child care homes be classified as
residences for purposes of licensure and local regulations, including
zoning, land use development, fire and life safety, and building codes.
The bill also adds a provision stating that whenever the state department
of human services reviews and rewrites its rules concerning child care

agencies or facilities, it shall seek advice from the department of public
safety when such rules relate to specific types of child care agencies or
facilities.

Support

The intent is to address the shortage of family care homes and infant care throughout Colorado. The bill requires family child care homes to be classified as "residences", which would help mitgate conflicting state licensing guidelines and local regulations, including those across jurisdictions. (i.e. zoning and building codes.)    

It will help support the availability/accessibility of affordable, quality childcare for our customers, employees, and residents in Jeffco and across the state by: 1) Reducing costs and administrative challenges, which will help providers, as small businesses, to start, sustain and hopefully enhance their operations; 2) With reduced costs, providers may be able to offer more affordable rates to families; and 3) Could also result in more home providers becoming licensed, increasing the quality/safety of the child care setting.  

From HS standpoint  we would Support - because of increased accessibility/availability of affordable child care which supports a healthy economy. 

Support with amendments

Support

The bill prohibits a legal entity that targets products or services to
people in Colorado (covered entity) from collecting, storing, or using
biometric identifiers of a Colorado consumer unless it:
  • Provides the consumer with information about what
biometric identifiers are collected;
  • Obtains the consent of the consumer to the collection,

storage, or use of the biometric identifiers; and
  • Informs the consumer that the consumer can revoke
consent at any time and how to do so.
If a consumer revokes consent to collect, store, or use biometric
identifiers, the covered entity is required to cease collection within 30
days and to delete or destroy any biometric identifiers it has stored. A
violation of the bill's requirements is an unfair or deceptive trade practice.
A governmental entity is prohibited from acquiring, possessing, or
using biometric identifiers or a biometric surveillance system unless
authorized by statute. A governmental entity is prohibited from selling,
releasing, or publicly disclosing biometric identifiers or information from
a biometric surveillance system in its possession and from buying or
otherwise receiving such information from a third party, unless:
  • The sale, disclosure, or receipt of the information is
necessary to comply with a court order or rule or with state
or federal law; or
  • The person who is the subject of the information consents
in writing.
An individual can bring a private right of action against a governmental
entity that violates the bill's requirements. Upon a finding of a violation,
a court can award actual damages, punitive or exemplary damages,
reasonable attorney fees and costs, and other relief.
Biometric identifier is defined to include a retina or iris scan, a
voice print, a face print, a fingerprint or palm print, or any other unique
identifying information based on an individual's immutable
characteristics.

Actively oppose unless amended

The first part of the bill prohibits business from collecting biometric data from consumers without consent. The second part prohibits governmental entities from acquiring, possessing, using, or disclosing biometric data except as expressly authorized under very limited circumstances.  Impact on County - Governmental entities are generally prohibited from acquiring, possessing, using, or disclosing biometric data.  Biometric data is defined to include a  “voice print” and a “face print” derived from a photograph. These terms are not further defined, and arguably include any photo of a person’s face, video, or audio recording. 

The County obtains this information in many ways, just some of which are: hearings, employee photos, during investigations (internal investigations, fraud investigations), via security cameras, and via law enforcement cameras and recordings. Biometric data cannot be used in court proceedings or in administrative or disciplinary proceedings unless specifically excepted. The County’s immunity is waived and it would be subject to lawsuits for damages, punitive damages, and attorneys fees if it violated the restrictions.nnThe bill should be amended to be inapplicable to governmental entities. Alternatively, at a minimum, the definition of “biometric data” should be limited to expressly exclude the various types of data used by the County.

Eric Butler will work on amendments to the bill.

Oppose unless amended

The bill updates various provisions of the Colorado Children's
Trust Fund Act, including renaming it the Colorado Child Abuse
Prevention Trust Fund Act (act). Changes include:
  • Expanding the membership of the Colorado child abuse
prevention board (board) from the current 9 members to 17
members;

  • Expanding the powers and duties of the board to include
advising and making recommendations to the governor,
state agencies, and other entities regarding child
maltreatment prevention; developing strategies to decrease
the incidences of child maltreatment and other adverse
childhood experiences; and implementing and monitoring
the ongoing development of local child maltreatment
prevention plans throughout the state; and
  • Extending the repeal of the act from 2022 to 2027.

The bill creates the stimulus investments in reskilling, upskilling,
and next-skilling workers program (program) as an initiative of the state
work force development council (state council) to facilitate training for

unemployed and underemployed workers in the state during times of
substantial unemployment, defined as a statewide unemployment rate that
exceeds 4%. The bill appropriates $25 million for the program and directs
the state council to use the money to support individuals in need of:
  • Reskilling, which supports unemployed and
underemployed workers to change industries in order to
return to work or obtain more appropriate work based on
their skills;
  • Upskilling, which assists workers in increasing skill levels
to retain or advance in their employment; or
  • Next-skilling, which supports workers in developing
future-ready skills necessary for employment in the
twenty-first century.
The state council, in collaboration with the department of labor
and employment, is directed to allocate funding to local work force
development areas and to develop a grant program to award grants to
other partners to provide reskilling, upskilling, and next-skilling supports
to eligible individuals for up to 13 months.
Starting in 2022, as part of the Colorado talent report, the state
council is directed to report on the activities and outcomes resulting from
the program. The program repeals on June 30, 2024.

Support

This bill directs funding to the public workforce system to support the recovery needs of local communities. Funds will be allocated directly to workforce centers to support upskilling, reskilling and next-skilling of the local workforce.  This bill will infuse funds directly into the workforce center allowing us to immediately serve Jeffco residents beyond what the federal allocations allow for. This bill also helps fund staffing needs that will be required to serve more job seekers and businesses.

The bill allocates $25 million, the majority of which will go to the workforce centers. Some of the money will be competitive grants for community based non-profits demonstrating strong employment outcomes.

Support

The bill appropriates money to the department of human services
(department) in order to seek a 50% match from the federal government

for the Colorado employment first program within the supplemental
assistance nutrition program. The bill requires the department to direct
county departments and any third-party partners to prioritize any state or
federal money received to fund employment support and job retention
services and to support work-based learning opportunities for Colorado
employment first participants. Any remaining money may be used to
initiate and enhance current and additional state- or county-initiated
third-party partnerships.

Support

The bill provides additional State funds to assist counties with the EF program and customers participating through the EF program.  Customers applying for benefits should be able to receive additional work, education and job retention supports through the EF program with the additional funding.  For Jeffco specifically, we have been looking at ways to increase outreach and engagement with SNAP participants for EF and this funding has potential to assist in these efforts. Long-term, ongoing initiatives like this for EF will assist folks in increasing their own capital, which results in less dependency on economic support programs like SNAP.

There is a 50% match required by the counties.  The bill allows for counties to use a portion of the allocation for administrative costs.

The fiscal impact would be limited to the 50% match that the county would be responsible for when utilizing these funds.  The EF program is currently trending to underspend its’ EF allocation and the $241,459 of budgeted county dollars.  If this legislation were to pass, there would be sufficient funding to cover the 50% match required when expending these funds.

Support

The bill exempts an employee or person acting on behalf of the
office of the child protection ombudsman (ombudsman) from testifying
in a civil or criminal proceeding in which the ombudsman is not a legal
party. The bill prohibits information, documents, and reports requested
and reviewed by the ombudsman from being subpoenaed in a civil or

criminal proceeding in which the ombudsman is not a legal party.
The bill authorizes the ombudsman to receive information, records,
or documents related to a critical incident, incident of egregious abuse or
neglect, near fatality, or fatality of a child during the course of an
investigation of a complaint. The department of public health and
environment's child fatality prevention review team shall provide the
ombudsman the nonidentifying case review findings and
recommendations related to an investigation of a complaint. The
department of human services' child fatality review team shall provide the
ombudsman the final confidential, case-specific review report related to
an investigation of a complaint. The bill also requires the department of
human services' division of youth services to provide the ombudsman
information, records, and documents related to a critical incident. If
electronic copies are not available, the ombudsman shall access, review,
and receive copies of documents without cost to the ombudsman.

Monitor

This bill exempts the Child Protection Ombudsman Office from testifying in legal proceedings and prevents documents requested by the Child Protection Office Ombudsman Office from being subpoenaed in a civil or criminal proceeding in which the Ombudsman Office is not a legal party. It also requires the Child Protection Ombudsman to receive information and reports related to critical incidents with DYS, fatal, near fatal and egregious harm with child welfare and from public health in which the Child Protection Ombudsman is investigating a complaint. This bill would prevent community members from requesting Jeffco CYFAP documents from the Child Protection Ombudsman. (Individuals should request those documents from the agency that created those documents.) Confidential reports would also be made available to the Child Protection Ombudsman; however this office already has access to Trails and sits on the State CFRT.

Support

Monitor

Current law does not include the definitions public assistance
and medical assistance relating to death reimbursements for funeral,
cremation, and burial expenses for deceased public assistance or medical
assistance recipients. The bill adds the definitions public assistance and
medical assistance to clarify who qualifies as a public assistance or
medical assistance recipient. Current law authorizes death

reimbursements for a person who has applied or was eligible for public
benefits. The bill requires the person to be receiving the public benefits.

Support

The bill provides definitions for public and medical assistance for the purposes of deceased recipients of public benefits. In Jeffco, our Community Assistance Division has established programs specific to providing funeral cost assistance for those individuals who were receiving public assistance or medical assistance benefits prior to their death.  This bill just brings clarity to the statute, underscoring what we already do in practice. 

Support

Support

The bill requires the department of public health and environment

(department) to implement the community behavioral health disaster
preparedness and response program (program) using existing initiatives
and activities to ensure that behavioral health is adequately represented
within disaster preparedness and response efforts across the state. The
program is intended to enhance, support, and formalize behavioral health
disaster preparedness and response activities conducted by community
behavioral health organizations.
The bill requires the department to promulgate rules as necessary
for the oversight and management of the program; work collaboratively
with community behavioral heath organizations; create, define, and
publish eligibility criteria for community behavioral health organizations
to participate in the program; and provide funding to community
behavioral health organizations on an annual or as-needed basis for the
activities the organizations conduct.

Monitor/Seek amendments

Support (County is tracking)

Effective July 1, 2022, the bill creates the department of early
childhood (new department) to:
  • Provide early childhood opportunities;
  • Coordinate the availability of early childhood programs and
services throughout Colorado;

  • Establish state and community partnerships for a mixed
delivery of child care and early childhood programs
through school- and community-based providers;
  • Prioritize the interests and input of children, parents,
providers, and the community in designing and delivering
early childhood services and programs;
  • Prioritize the equitable delivery of resources and supports
for early childhood; and
  • Unify the administration of early childhood programs and
services.
The bill moves the early childhood leadership commission
(commission) to the new department, effective July 1, 2022.
The bill creates a transition working group (working group)
consisting of the co-chairs of the commission and representatives of
certain state agencies and the governor's office, and directs the co-chairs
of the commission to convene a transition advisory group (advisory
group). The bill directs the working group, working with a consultant and
with the advice of the advisory group, to develop a transition plan (plan)
for the coordination and administration of early childhood services and
programs by the new department and the departments of education,
human services, and public health and environment, including, to the
extent necessary, the transition of existing programs and services to the
new department. The bill includes specific requirements for the plan. The
governor's office must submit the plan to the joint budget committee as
part of the governor's 2022 budget request, and the working group must
submit the plan to the commission for approval. As soon as practicable
after the plan is approved, the governor's office must submit the approved
plan to the joint budget committee with any necessary budget request
amendments. The working group must submit the approved plan to other
committees of the general assembly by November 15, 2021, and must
meet with the early childhood and school readiness legislative
commission by December 1, 2021, to present the plan.
The bill also directs the working group, working with the
consultant and with the advice of the advisory group, to develop
recommendations for a new voluntary, universal preschool program
(recommendations) to be funded partially by the recently increased sales
tax on tobacco and operated by the new department beginning in the
2023-24 school year. The bill specifies requirements that the new
preschool program must meet. The working group must submit the
recommendations to the commission for approval and must then submit
the recommendations to the joint budget committee and other committees
of the general assembly by January 15, 2022.
The bill requires the governor's office to contract with one or more
private entities to consult with the working group in developing and
implementing the plan and in developing the recommendations and to
analyze the current use of existing early childhood programs in the state.

Monitor

This bill creates a new Cabinet Level state Department of Early Childhood.  It is aims to coordinate and unify the administration of, and the availability of early childhood programs and services throughout the state.  It will focus on community partnerships for a mixed delivery of child care and early child hood programs through school- and community-based providers. It aims to prioritize interests and input from children, parents, providers and the community in the design of early childhood services and programs, and aims to do so in an equitable way. The bill moves the Early Childhood Leadership Commission to the new dept.  It creates a transition working group, and directs the co-chairs of the commission to convene a transition advisory group. Additionally, the bill authorizes the development of a new voluntary, universal preschool program to be partially funded by the recently increased sales tax on tobacco (Prop EE), in the 2023-24 school year.

Counties have concerns about how the funding will be directed.  How will this impact CCAP? How will this impact the Colorado Preschool Fund, which funds some of Head Start’s programming? How will this impact Head Start? Other concerns: need to look at adverse childhood experiences (ACEs); where’s the emphasis on prevention & intervention? There is concern that the bill is very learning and education-focused; from the HS standpoint we wish to look more holistically at the whole family perspective. We have had one meeting with proponents of the bill but many questions remain unanswered.

support w/amendments

Monitor

The bill:
  • Exempts conviction records of mental health providers
from the Colorado Open Records Act if the conviction
records meet specified criteria;
  • Allows a licensed, registered, or certified mental health
provider to petition the applicable board to have a letter of
admonition issued by the board sealed and made
confidential except under certain circumstances. Each
board has the sole discretion to determine whether to
approve or deny the petition and the board's determination
is final.
  • Specifies criteria that a board must consider when making
its determination;
  • Provides exceptions as to when a board may unseal or
share a letter of admonition;
  • Specifies title use restrictions for certified addiction
specialists, certified addiction technicians, and addiction
counselor candidates;
  • Establishes supervision privileges for licensed and certified
addiction counselors; and
  • Clarifies the education and hours of practice required to be
certified or licensed as an addiction counselor and the
scope of practice of licensed addiction counselors.

Monitor

bill was heard in committee on 5/11.  Sections 1 and 3 were removed via amendment, which renders this bill back to a true cleanup bill in this area.  We no longer have any concerns.

This bill allows criminal convictions (including felonies) and letters of admonition that negatively affected their licensure to be withheld from CORA requests, and allows practitioners to avoid disclosing such things in applications or to other boards, if these meet certain criteria.  This could create a situation in which we hire or contract with a practitioner who is not required to disclose disciplinary actions and felony convictions that would otherwise require mandatory disclosure and may disqualify that person from working with us or our clients. This seems to place us in a position of liability, should something go wrong in the future.

No Position

Under current law, courts may assess administrative fees, costs,
and surcharges in juvenile delinquency cases when juveniles have been
charged with or adjudicated of certain crimes. The bill removes the
following costs and fees that a juvenile or a juvenile's parent or legal
guardian must pay:
  • Cost of care for a juvenile sentenced to a placement out of

the home or granted probation as a result of an
adjudication, deferral of adjudication, or direct filing in or
transfer to district court;
  • Costs of prosecution, the amount of the cost of care, and
any fine imposed upon a juvenile who is adjudicated a
juvenile delinquent;
  • Fees for applying for court-appointed counsel and costs of
the representation when a juvenile's parent, guardian, or
legal custodian is determined not to be indigent;
  • Costs and surcharges levied on criminal actions and traffic
offenses paid into the court district's crime victim
compensation fund and the victims and witnesses
assistance and law enforcement fund;
  • Surcharges paid into the sex offender surcharge fund by
juveniles adjudicated, or who receive a deferred
adjudication, for commission of a sex offense;
  • Cost of the juvenile's medical care in the youthful offender
system;
  • Cost of collecting and testing biological samples from
juveniles sentenced to the youthful offender system;
  • Time payment and late penalty fees assessed when a
juvenile does not pay fines, fees, costs, surcharges, or other
monetary assessments in criminal cases;
  • Fees related to participating in restorative justice practices;
  • Costs and surcharges related to impaired driving; and
  • The fee assessed on persons required to perform
community or useful public service.
Any outstanding balances of the fees, costs, and surcharges
repealed in the bill are unenforceable and not collectable. Within 6
months after the bill goes into effect, the court is required to vacate the
portion of a court order that imposes the costs.

Monitor

Under current law, courts may assess administrative fees, costs, and surcharges in juvenile delinquency cases when juveniles have been charged with or adjudicated of certain crimes. The bill removes many of the various costs and fees that a juvenile or a juvenile's parent or legal guardian must pay. Counties, in child welfare, collect some fees through court orders when youth are placed.  We are not concerned about the revenue from these fees but the accountability factor for parents; some parents if not for the fees they must pay, would leave their children with HS and never return for them. So we are concerned that the ability to collect these fees is preserved.  A stakeholder meeting was held with the proponents on 5/18 and it appears that the bill as written will not take this mechanism away.  There is one other concern – being led by the state – that federal funds and the regulations around them require for child support and child welfare that the ability to collect these fees is preserved; otherwise the federal funds would be in jeopardy.  The state is researching this and may ask for an amendment.

Support

The bill allows the state department of human services (state
department), along with the child care allocation workgroup, to consider
a utilization factor. This utilization factor would enable the state
department to consider the volume of the eligible population and the
service delivery cost to each county department of human or social
services (county department) when allocating and distributing money for

the Colorado child care assistance program (CCCAP). The bill further
allows a county department to set its own eligibility levels for CCCAP,
expressed as a percentage of the federal poverty level.

seek amendments, then Monitor 

This bill creates the inclusion of a utilization factor in the CCAP allocation methodology. It says the allocation (block grant) must be based on a county's percentage of financially eligible children and 3 years of utilization data for families under the 185% FPL level (utilization factor), multiplied by an appropriate reimbursement rate.   Additionally, it gives counties that meet/exceed statewide eligibility expectations some flexibility in determining their income levels. (ie 185% FPL cap)

This bill puts into statute the requirement that counties' service delivery costs be considered in the utilization factor.  Service delivery costs are all costs that are not provider payments, so counties with higher service delivery costs could disproportionally benefit from this proposed methodology.  It sounds if there may be some amendments to change the language to just adding “a utilization factor” without it being so specific, something we would like to see.

The second part of the bill could allow Jeffco more flexibility in establishing the income eligibility level; counties can do this now. There may also be an amendment here to give greater flexibility, which we would support.

Support

Support

The bill makes conforming amendments and includes a cleanup of
the main definition section for title 19 to reflect changes made through

the reorganization of article 2 of title 19.

Support if amended

This bill is intended to make Title 19 more user-friendly by updating definitions and sections. Our agency’s work is governed by Title 19, and Article 2 pertains to youth who have JJ involvement and who may be crossover youth as well. The way the bill is currently drafted, some defns were removed from the general part of the Children’s Code and need to be re-added (they are utilized in the abuse/neglect section of the Children’s Code.)  Meeting on 2/22 to add these amendments back in. 

BCC update: TKT could be helpful as a member of the Juvenile Justice Commission 

Support if amended

The bill prohibits the imposition of secured monetary or property
conditions on a bond for juveniles charged with or accused of committing
a delinquent act.
The bill reduces the juvenile detention bed cap from 327 beds to
188 beds beginning in fiscal year 2021-22.

Oppose Reduction of Detention Bed Counts; No Position on PR bonds

The bill prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act. The bill reduces the juvenile detention bed cap from 327 beds to 188 beds beginning in fiscal year 2021-22.

Regarding lowering the detention bed count, many major legislative and social issues make it unwise to make changes to the detention bed caps. No valid data exists showing that Juvenile Justice reform has really affected the detention capacity state wide since it began.  We do not know what we need because this entire year was an anomaly. I don’t disagree that we can probably lower the number of detention beds at some point, but it seems ill advised to do so now when the JJ bill and COVID are interacting to give a  false understanding of need.   I worry we will be forced into more Emergency Release situations where either the community or more likely the youth will be at risk.  

Four amendments offered—1. Workgroup requested by counties; 2. Amend bed cap to 215; 3. Clarify that beds can be borrowed from anywhere in the state; 4.  CDAC requested—60 days speedy trial remains in effect for those kept in detention.   Counties worked closely with the ACLU and got to agreement.

3.17.2021 – the DA is talking to bill sponsors about a bond issue for 18 year olds; she’s okay w/215 bill cap, but there is concern about the concession of abolishing the catchment areas for beds.  This is a concern to watch for as we move forward from the passage of this legislation.

Support

Reluctant Support

Under existing law, the statute of limitations to bring a civil claim
based on sexual assault or a sexual offense against a child is 6 years, but
the statute is tolled when the victim is a person under disability or is in a

special relationship with the perpetrator of the assault. The bill defines
sexual misconduct and removes the limitation on bringing a civil claim
based on sexual misconduct, including derivative claims and claims
brought against a person or entity that is not the perpetrator of the sexual
misconduct. The statutory period to commence a civil action described in
the bill applies to a cause of action that accrues on or after January 1,
2022, or a cause of action accruing prior to January 1, 2022, so long as
the applicable statute of limitations has not yet run as of January 1, 2022.
The bill removes the provision that a plaintiff who is a victim of
a series of sexual assaults does not need to establish which act in the
series caused the plaintiff's injuries.
Under existing law, the filing of a claim alleging sexual
misconduct by a person under disability is deemed a limited waiver of the
doctor- or psychologist-patient privilege. The bill eliminates the limited
waiver.
Under existing law, a plaintiff who brings a civil action alleging
sexual misconduct 15 years or more after the plaintiff turns 18 is limited
to recovering only certain damages. The bill eliminates this restriction.
Under existing law, a victim who is a person under disability or is
in a special relationship with the perpetrator of the assault may not bring
an action against a defendant who is deceased or incapacitated. The bill
eliminates this restriction.
Under existing law, a claim for negligence in the practice of
medicine that is based on a sexual assault is exempt from the statute of
limitations for claims involving sexual assault and instead is subject to the
same limitation as any other claim for negligence in the practice of
medicine. The bill removes this exemption.

Deborah Churchill is tracking.

Monitor

The bill allows an adult with a disability (adult) to enter into a
supported decision-making agreement (agreement) with a member of the
supportive community. Under the agreement, the adult authorizes the

member of the supportive community to do any of the following:
  • Provide supported decision-making, including assistance in
understanding the options, responsibilities, and
consequences of the adult's life decisions, without making
those decisions on behalf of the adult;
  • Assist the adult in accessing, collecting, obtaining, and
understanding information that is relevant to a given life
decision from any person; and
  • Assist the adult in communicating the adult's decisions to
appropriate persons when expressly authorized by the adult.
The agreement may be in any form but is only valid if it contains
certain information and is signed by the adult and the member of the
supportive community in the presence of 2 or more attesting witnesses
who are 18 years of age or older, or a notary public.
The bill requires any person who receives the original or a copy of
the agreement to rely on the agreement. A person is not subject to
criminal and civil liability and does not engage in professional
misconduct for an act or omission if the act or omission is done in good
faith and in reliance on an agreement.

Monitor

Not sure why this bill is needed.  APS already looks at least restrictive and self-determination which is a part of supportive decision making.  These advocates exist through ARC and IDD individuals have the right to have an advocate with them anyway.  There are concerns that this person may have an undue influence on the individual with no oversight.  This individual does not require any background checks or minimum qualifications or oversight by the court.   This person could be used to interfere in APS investigations and is viewed as a deterrent to guardianship.

This bill provides IDD adults with a formal advocate to understand complex decision making.  This person is not allowed to make decisions on the person’s behalf.

APS already considers “least restrictive” and self-determination, which is a part of supportive decision making.  These advocates exist through ARC, and IDD individuals already have the right to have an advocate with them.  There are concerns that this person may have an undue influence on the individual with no oversight.  This individual does not require any background checks or minimum qualifications or oversight by the court.   This person could be used to interfere in APS investigations and is viewed as a deterrent to guardianship.

Monitor

The bill creates a statutory cause of action for a victim of sexual
misconduct when the victim was a minor against the actor who committed
the sexual misconduct and against an organization that operates or
manages a youth program if the sexual misconduct occurred while the
victim was participating in a youth program.
The victim may bring the claim against the organization if the

organization knew or should have known of a risk of sexual misconduct
against minors participating in the program and the organization did not
take action to address the risks or warn participants of the risk. The victim
may bring a claim against a public employee or public entity that operates
a youth program, including an educational entity operating an educational
program or a district preschool program.
The cause of action applies retroactively and is available to a
victim of sexual misconduct that occurred before, on, or after January 1,
2022. A person may not waive the right to bring a civil action, and any
purported waiver is void as against public policy.
A court or jury shall not allocate any damages awarded in the civil
action in any proportion against the victim of the sexual misconduct. A
victim may be awarded treble damages under certain circumstances.

Deborah Churchill is tracking.

Oppose unless Significantly Amended

Monitor

The bill amends provisions concerning students in out-of-home
placement that mandate cooperation between schools and county
departments of human or social services (county departments) relating to
education. Specifically, the bill:
  • Amends the definition of student in out-of-home

placement to align with those students in custody of
county departments;
  • Streamlines billing practices for transportation services
provided to students in out-of-home placement by requiring
the use of invoices and forms approved by both the
department of education and the state department of human
services; and
  • Authorizes school districts and the state charter school
institute establishing transportation plans with county
departments, as required by law, to establish transportation
plans by region or through a board of cooperative services.

Monitor

The bill amends provisions concerning students in out-of-home placement that mandate cooperation between schools and county human services relating to education and transportation of those students. This bill will create consistent procedures between schools and county departments related to billing for transportation. For Jeffco, this is not an issue as we have a good working relationship with Jeffco Schools; nevertheless having consistent forms may be useful.

Support

Monitor

Current law allows for only one type of response for a county
department of human or social services (county department) to follow
after a report of mistreatment or self-neglect of an at-risk adult, regardless

of the level of risk reported. That type of response requires a full
investigation, including unannounced initial in-person interviews, and a
finding by the county department.
The bill creates, on or after January 1, 2022, an alternative
response pilot program (pilot) that a participating county department can
utilize when it receives a report, related to an at-risk adult, of
mistreatment or self-neglect, (report) and the report has identified the risk
as lower risk, as defined by rules promulgated by the state department of
human services (state department).
The state department shall select a maximum of 15 rural and urban
county departments to participate in the pilot. Upon receipt of a report, a
participating county department will not make a finding nor will it be
required to complete unannounced initial in-person interviews, so long as
the report has identified the risk as lower risk, as defined by rule of the
state department. If, upon further review, the participating county
department determines the situation is more severe, it shall revert to the
process that is currently set forth in law for investigating a report.
The state department shall provide initial training on the pilot to
participating county departments, as well as ongoing technical assistance.
The state department shall promulgate rules for the implementation
and administration of the pilot. The rules must include, at a minimum, a
description of the risk levels and the parameters around unannounced
initial in-person interviews.
The state department shall contract with a third-party evaluator to
evaluate the pilot's success or failure, including a consideration of the
pilot's effectiveness in achieving outcomes over a 2-year period.
Each participating county department shall submit a report to the
state department, as necessary, regarding the county department's use of
the pilot and any data required by the state department to effectively
evaluate the pilot.
The state department shall submit a summary report to the health
and human services committee of the senate and the public and
behavioral health and human services committee of the house of
representatives as part of its State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act presentations
in January 2025 and January 2026.
The pilot is repealed, effective July 1, 2027.

Actively support

This bill allows for a less restrictive, more collaborative, and person-centered approach in how Adult Protective Services (APS) works with clients in situations that have lower to moderate risk allegations. It is modelled after the child welfare alternative response program and focuses on inherent strengths in families; it has shown to have better outcomes than the current one-size-fits all approach. The bill limits to pilot program to a maximum of 15 counties.  It allows caseworkers to call first before meeting with clients rather than showing up unannounced. It does not require findings to be entered when the risk is low.  It allows natural supports to stay in place that would otherwise be impacted by findings.  And still, it preserves a traditional response for situations involving serious concerns and allegations in facilities.  Both responses maintain the focus on assessing for a client’s safety and taking active steps to address any safety concerns.  This allows us to respect the individual client’s wishes and focus on inherent strengths within a system as a foundation for any future interventions. We support this fundamental shift in the way we practice to a more strengths based, person centered approach with our clients and their supports. 

Support

Actively support

In 2019, the Colorado general assembly enacted, and the governor
subsequently signed into law, the Canadian prescription drug importation

program (program) in the department of health care policy and financing
(department). The bill states that the department may expand the program
to allow a manufacturer, wholesale distributor, or pharmacy from a nation
other than Canada to export prescription drugs into the state under the
program if certain conditions are met.
If, upon the satisfaction of these conditions, the department
decides to expand the program, the executive director of the department
shall notify the president of the senate, the speaker of the house of
representatives, and specified legislative committees, of the department's
intent to do so. The executive director shall provide the notice at least 30
days before the program is expanded, and the notice may include any
recommendations of the department for legislation to amend the program
to reflect its expansion.

Support

This bill creates a new opportunity for competitive pricing of medications by allowing other countries, along with Canada, to import medications into the United States. This bill is a step in a larger process; federal action is needed also. Increasing competition for prescriptions would help many of the customers we serve in Human Services.  Many are not eligible for Medicaid but still impacted by high medical costs; by adding this tool to the toolbox it would help not only many JeffCo residents, but also many whom we serve.

The bill requires the state department of human services
(department) to establish a veteran suicide prevention pilot program (pilot
program) to reduce the suicide rate and suicidal ideation among veterans
by providing no-cost, stigma-free, confidential, and effective behavioral
health treatment for post-9/11 veterans and their families. The department
is permitted to enter into an agreement with a nonprofit organization to

administer the pilot program. The department is required to include
information about the pilot program in its annual report to the general
assembly. The pilot program is repealed June 30, 2025.

Support

This bill establishes a pilot program in El Paso County to reduce the suicide rate for post 9/11 veterans by providing free health treatment for the veterans and their families.  The program may be expanded to additional areas.  Jeffco could benefit if it expands because our VSOs would have an additional resource for their suicidal veterans to be able to access; they have definitely seen an increase in suicidal vets. It would provide a much needed resource for veterans in Jefferson County to call a specific number to receive help for suicidal ideations.

Support

Section 1 of the bill titles the bill the Behavioral Health Recovery
Act of 2021.
Section 2 of the bill continues the requirement that a podiatrist
must adhere to the limitations on prescribing opioids.
Sections 3 and 4 of the bill continue the funding for the
medication-assisted treatment expansion pilot program (pilot program) for

the 2020-21 through 2022-23 state fiscal years and repeal the pilot
program on June 30, 2023.
Section 5 of the bill expands the Colorado state university
AgrAbility project (project) by providing funding for the project's rural
rehabilitation specialists to provide information, services, and
research-based, stress-assistance information, education, suicide
prevention training, and referrals to behavioral health-care services to
farmers, ranchers, agricultural workers, and their families to mitigate
incidences of harmful responses to stress experienced by these
individuals.
Section 6 of the bill appropriates money to the department of
public health and environment to address behavioral health disorders
through public health prevention and intervention and to work with
community partners to address behavioral health, mental health, and
substance use priorities throughout the state.
Section 7 of the bill continuously appropriates money to the harm
reduction grant program.
Section 8 of the bill requires a managed care organization (MCO)
to notify a person's provider of approval of authorization of services no
later than 24 hours after the submission of the request for services. The
initial authorization for intensive residential treatment must be no less
than 7 days, and the initial authorization for transitional residential
treatment must be no less than 14 days. The initial authorization period
may be longer if the MCO does not have sufficient information from the
person's provider. MCOs shall continually authorize services in
accordance with the person's provider if the MCO's determination
conflicts with the provider's recommendation. MCOs shall provide
specific justification for each denial of continued authorization for all 6
dimensions in the most recent edition of The ASAM Criteria for
Addictive, Substance-related, and Co-occuring Conditions.
Section 9 of the bill requires the state medical assistance program
(medicaid) to include screening for perinatal mood and anxiety disorders
for each child enrolled in medicaid in accordance with the health
resources and services administration guidelines. The screening must be
made available to any person, regardless of whether the person is enrolled
in medicaid, so long as the person's child is enrolled in medicaid.
Section 10 of the bill requires the department of human services
to develop a statewide data collection and information system to analyze
implementation data and selected outcomes to identify areas for
improvement, promote accountability, and provide insights to continually
improve child and program outcomes.
Section 11 of the bill requires the department of human services,
in collaboration with the department of agriculture, to contract with a
nonprofit organization primarily focused on serving agricultural and rural
communities in Colorado to provide vouchers to individuals living in
rural and frontier communities in need of behavioral health-care services.
Section 12 of the bill requires the center for research into
substance use disorder prevention, treatment, and recovery support
strategies to engage in community engagement activities to address
substance use prevention, harm reduction, criminal justice response,
treatment, and recovery.
Section 13 of the bill continues the building substance use disorder
treatment capacity in underserved communities grant program.
Section 14 of the bill requires the perinatal substance use data
linkage project to utilize data from multiple state-administered data
sources when examining certain issues related to pregnant and postpartum
women with substance use disorders and their infants.
Section 15 of the bill requires the office of behavioral health to use
a competitive selection process to select a recovery residence certifying
body to certify recovery residences and educate and train recovery
residence owners and staff on industry best practices.
Section 16 of the bill requires the office of behavioral health to
establish a program to provide temporary financial housing assistance to
individuals with a substance use disorder who have no supportive housing
options when the individual is transitioning out of a residential treatment
setting and into recovery or receiving treatment for the individual's
substance use disorder.
Section 16 of the bill also creates the recovery support services
grant program for the purpose of providing recovery-oriented services to
individuals with a substance use and co-occurring mental health disorder.
Section 17 of the bill continues the appropriation to the maternal
and child health pilot program.
Section 18 of the bill continues the program to increase public
awareness concerning the safe use, storage, and disposal of opioids and
the availability of nalaxone and other drugs used to block the effects of
an opioid overdose.
Section 19 of the bill continues the harm reduction grant program
and the maternal and child health pilot program.
Section 20 of the bill appropriates money to various state
departments for certain programs.

Monitor

This bill allocates funding to Colorado State University to implement and administer a “medication as treatment” (MAT) expansion pilot program and provides funding for the university to expand its rehabilitation and psychoeducation programming for rural farmers/ranchers/farm workers with disabilities. Additionally, it provides mandates for the managed care organizations (MCOs) in notifying providers of authorizations for inpatient and other substance use disorder (SUD) services and sets minimum initial and continuing authorization standards (at least 7 days for inpatient and 14 days for sober living). It mandates behavioral health needs screening for all children enrolled in medical care assistance and outlines the requirements for data collection and impact studies related to this. It provides vouchers for related services in rural areas. This bill provides temporary financial assistance for housing for behavioral health clients and navigation through resources for these clients and offers a lot of focus on recovery programming.

We have many families who require behavioral health, SUD’s and MAT services. We also have issues with service authorizations and availability for these services.  This will put some standards in for authorization; the consistency it provides is important for families.  We thinK this is essentially re-implementing many cuts the JBC was forced to make last year.  There are 20 sections to this bill, and upwards of $35 million appropriated through the bill.  This is carried by Sen. Pettersen & Rep. Kennedy. 

Monitor

The bill requires, whenever possible, that a report of known or
suspected child abuse or neglect made by a public school official or
employee includes information as to whether the child who is the subject
of the report has an individualized education program (IEP), as defined
in statute.

Unless the child is in imminent danger of child abuse or neglect,
prior to reporting the suspected child abuse or neglect, a public school
official or employee shall request an immediate advisory meeting
concerning the child with a least one person who is a primary teacher or
special education teacher of the child, if applicable, to share information
concerning the child and any IEP or safety plan for the child. Public
school officials or employees are encouraged to provide a child's IEP with
any report of suspected child abuse or neglect made by a public school
official or employee.
The bill authorizes the state board of human services to adopt rules
to include a notation or flag in a report or inquiry that the child who is the
subject of the report or inquiry has been identified as a child who is
neuroatypical.

Oppose

This bill requires the school to hold an internal meeting prior to making a report of suspected abuse/neglect if a child has an IEP, unless the child is in imminent danger.  The bill also “encourages” the school to provide the Division with a copy of the IEP when making a report of suspected abuse/neglect and inform the Division about the IEP in the report. Finally, it requires CDHS to track referrals where the child is "neuroatypical." 

There are concerns because this bill is asking the school staff to identify what imminent danger means, which is not currently in their scope.  The requirement for the school to hold a meeting prior to reporting could also lead to the school completing portions of an assessment prior to reporting the concern of abuse/neglect.  This bill could also  cause a delay in mandated reporters making a report of abuse/neglect.  The school should not assess, but just report and we assess. 

It would be helpful to have copies of IEPs when working with child/ren and families.  There could be concerns about the HIPPA information in some of the documentation that would be outside of the relevancy of our child welfare concerns and scope.  Possible fiscal impact in that page 4 line 4 creates a rule making process and requires counties to document if a child is neuroatypical. (This term is not defined in statute.*)  This would be additional workload and then if we need to document, it needs reporting; this increases costs to adjust Trails to capture this information. 

*“’Neurotypical’ is a newer term used to describe individuals of typical developmental, intellectual, and cognitive abilities. In other words, it is not used to describe individuals who have autism or another developmental difference. Individuals who live with autism, are on the spectrum, or who have other developmental differences are referred to as ‘neurodiverse.’” – from Healthline.com.

Opposes

Oppose

The bill eliminates duplicate facility inspections for a child care
center that provides child care exclusively to school-age children on the
property of a school district, charter school, or institute charter school if
a satisfactory inspection was completed within the preceding 12 months.
The bill requires the state board of human services (state board) to
prescribe rules that eliminate duplicate or conflicting requirements
relating to health and safety requirements and inspections for programs
that operate on school property.

The state board shall prescribe rules applicable to a child care
center to require the department of human services to accept as
satisfactory a signed affidavit affirming compliance with record keeping
and document retention requirements.
The bill provides for staffing flexibility during emergency
situations, so long as certain minimum staffing requirements are satisfied.

Monitor, seek amendments

This bill proposes to align various rules of school-based child care programs with education guidelines pertaining to duplicate/conflicting rules, inspections, prescribed medication possession/administration and supervision by a non-qualified caregiver during emergency type situations.  Many of our customers/employees utilize school-based child care programs. These changes could positively impact the availability/accessibility of these programs.  

Proposed Amendments: Sec. 4 of the bill (page 6, lines 4-24) outlines ‘staffing during emergency situations.’  It appears that this section does not apply just to child care centers on school property serving school-aged children, as nominally defined earlier in the bill on page 4, lines 17-22, but that it could apply to all child care centers, wherever located and with whomever served.  Staff is interested in seeking an amendment to make this emergency procedure apply only to the child care centers on school property of which it seems most of this bill is addressing, as staff feel the emergency staffing procedures outlined on page 6 would not be in the best interest of most child care centers. 

Head Start is also concerned about the language in this bill being too broad.

Amend

The bill addresses the following items related to landlord and
tenant rights in residential rental agreements:
  • When a landlord removes or excludes a tenant from a
dwelling without resorting to proper court procedures, it is
an unfair or deceptive trade practice for the purposes of the
Colorado Consumer Protection Act;

  • After a complaint is filed by a landlord, the clerk of the
court or the attorney for the plaintiff shall issue a summons,
including information concerning filing an answer and
legal aid. A court shall not enter a default writ of restitution
before the close of business on the date upon which an
appearance is due.
  • Provides additional details regarding the defendant's
answer, including that a defendant does not waive any
defense related to proper notice by filing an answer; that
the court shall set a date for trial no sooner than 7 days
after the answer is filed, unless the defendant agrees to
waive this provision and schedule the trial for an earlier
date; and in the time after an answer is filed and before a
trial occurs, the court shall order that the landlord provide
any documentation related to the tenancy or the current
action that the defendant requests;
  • Repeals language requiring the defendant, in an appeal
from a judgment of a county court, to deposit with the court
the amount of rent found due;
  • When a court has issued a writ of restitution in a residential
forcible entry and wrongful detainer (FED) proceeding, a
tenant may pay any rent that is still owed to the landlord at
any point up to 48 hours after a court has ordered a writ of
restitution;
  • Eliminates the bond requirement for the warranty of
habitability and allows the tenant to assert an alleged
breach of the warranty of habitability as an affirmative
defense;
  • Establishes allowable court procedures and remedies in
cases of an alleged breach of warranty of habitability;
  • Bans liquidated damage clauses that assign a cost to a party
stemming from a rental violation or an eviction action;
  • Prohibits rental agreements that contain one-way
fee-shifting clauses that award attorney fees and court costs
only to one party; and
  • Guarantees parties to a residential FED dispute the right to
a trial by jury.
The bill prohibits a landlord of a mobile home park or a residential
premises (landlord) from:
  • Charging a tenant or mobile home owner (tenant) a late fee
for late payment of rent unless the rent payment is late by
at least 14 calendar days;
  • Charging a tenant a late fee in an amount that exceeds the
greater of:
  • $20; or
  • 2.5% of the amount of the rent obligation that
remains past due;
  • Requiring a tenant to pay a late fee unless the late fee is
disclosed in the rental agreement;
  • Removing, excluding, or initiating eviction procedures
against a tenant solely as a result of the tenant's failure to
pay one or more late fees;
  • Terminating a tenancy or other estate at will or a lease in a
mobile home park because the tenant fails to pay one or
more late fees to the landlord;
  • Imposing a late fee on a tenant for the late payment or
nonpayment of any portion of the rent that a rent subsidy
provider, rather than the tenant, is responsible for paying;
  • Imposing a late fee more than once for each late payment;
  • Requiring a tenant to pay interest on late fees;
  • Recouping any amount of a late fee from a rent payment
made by a tenant; or
  • Charging a tenant a late fee unless the landlord provided
the tenant written notice of the late fee within 180 days
after the date upon which the rent payment was due.
A landlord who commits a violation must pay a $20 penalty to an
aggrieved tenant for each violation. Otherwise, a landlord who commits
a violation has 7 days to cure the violation, which 7 days begins when the
landlord receives notice of the violation. If a landlord fails to timely cure
a violation, the tenant may bring a civil action to seek one or more of the
following remedies:
  • Compensatory damages for injury or loss suffered;
  • A penalty of at least $500 but not more than $2,000 for
each violation, payable to the tenant;
  • Costs, including reasonable attorney fees if the tenant is the
prevailing party; and
  • Other equitable relief the court finds appropriate.
The attorney general may investigate and prosecute alleged
violations. A violation that is not timely cured or that was committed by
a landlord in bad faith is an unfair or deceptive trade practice for the
purposes of the Colorado Consumer Protection Act.

Support

This bill makes a series of changes to landlord tenant dispute proceedings and fees.  The legislation provides for some tenant protections, particularly on fees that can be charged and what rights tenants have to claim damages due to poor upkeep of property by the landlord etc.

The bill establishes rules regarding late fees charged to tenants or mobile home owners by certain landlords. The bill:

· limits the amount a landlord may charge;

· establishes a grace period for late rent payments;

· prohibits a landlord from initiating eviction procedures on the sole basis of failure to pay late fees

· exempts the portion of rent paid by a rent subsidy provider from late fees; and

· requires that any late fees be disclosed in the rental agreement.

The bill also limits how late fees may be recouped. Late fees cannot be recouped from rent payments, they cannot accrue interest, and no more than one late fee may be applied to an overdue payment of rent unless the total of the fees is within the legal limit.

Court procedures. In current law, a defendant to a forcible entry and detainer action is required to appear in court at a time between 7 and 14 days from the issuance of a summons. The bill specifies what the summons must contain, including a list of available resources for obtaining legal aid and rental assistance, as provided by the Department of Local Affairs (DOLA). The bill also forbids the court from entering a default judgment for possession before the close of business on the date when the appearance is due. The bill exempts the requirement that a tenant deposit with the court the amount of rent due in an appeal for a tenant found to be indigent, and it permits the tenant to fulfill a notice of nonpayment until a judge issues a judgment for possession and directs the court to vacate the judgment and dismiss the action with prejudice in such a case. The bill also exempts the bond requirement for the warranty of habitability for a tenant found to be indigent and allows a tenant to assert an alleged breach of the warranty of habitability as an affirmative defense. If a tenant prevails in a judgment of breach of warranty of habitability, the court determines a reduced rental value and denies possession to the landlord, pending the tenant’s payment of rent due at the reduced rate, which the bill permits to be paid to the court or to the landlord.

Monitor for now

The bill repeals existing provisions that require a person to
demonstrate the person's lawful presence in the United States to be
eligible for certain public benefits and requires that lawful presence is not
a requirement of eligibility for state or local public benefits, as defined by
8 U.S.C. sec. 1621.
The bill amends statutory provisions that still require lawful

presence to clarify acceptable documents to demonstrate eligibility. The
general assembly shall not allocate additional funding to any state or local
public benefit program for this purpose for fiscal year 2021-22. However,
starting for fiscal year 2022-23, any additional funding required for a state
or local public benefit program for this purpose is subject to the standard
budget process for the applicable program.
Current law prohibits a state agency or political subdivision from
entering into or renewing a public contract with a contractor who
knowingly employs or contracts persons who are undocumented. The bill
repeals that requirement and associated statutory provisions.
Current law requires that state agencies and local governments use
secure and verifiable identity documents when providing services or
issuing official documents. The bill repeals that requirement and
associated statutory provisions.

The bill repeals existing provisions that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and requires that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by
8 U.S.C. sec. 1621.

8 U.S.C. sec. 1621 says:

(c)“State or local public benefit” defined

(1)Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term “State or local public benefit” means—

(A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and

(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government . . . .

And here’s the last part:

(3) Such term does not include any Federal public benefit under section 1611(c) of this title.

The bill states that, “notwithstanding any law to the contrary, pursuant to 8 U.S.C. 1621(d), on or after July 1, 2021, lawful presence is not a requirement of eligibility. 

This bill would negate 26-2-111.8(2)(b) in the Old Age Pension (OAP) statute. Colorado is one of a few states that have an OAP program (enshrined in the CO Constitution). Jefferson County investigated an OAP fraud case – where the fraud took place from 2001-2008 – and prosecuted it.  The fraud turned on the fact that lawful presence was not required, and the defendant used this loophole to commit over $1 million in fraud. Jefferson County successfully passed HB10-1384 which aligned eligibility for this program with federal laws that require an individual be in the United States for at least five years before being eligible for OAP.   This proposed legislation would turn back that law and open the door again to potentially fraudulent behavior. 

Several other programs such as Aid to the Needy Disabled (AND), Home Care Allowance, Child Support, and Aid to the Blind, are state funded; this change would allow more to access these programs.   We would anticipate impact to staffing, and costs to re-tool state computer systems. 

Regarding child support, the bill would put Colorado out of compliance with federal rules that require enforcement mechanisms for both a) licenses (drivers, professional, etc.) and b) periodic or lump sum payments (including unemployment compensation).

We may also see increase in use of our General Assistance line item that is funded by the county General Fund. If this bill were to pass it has potential for more individuals and families to possibly utilize this funding source for rent and other needs. 

The bill cites about 162,000 people in Colorado who could be eligible (page 3, line 12).  Roughly assuming we have 10% of that population, a potential 16,200 people in Jeffco would be newly eligible for 'state and local' benefits. It would be difficult to estimate how many of those would actually apply, as data from the American Immigrant Council suggests that even this population may have varied and different needs; one cannot assume all would apply. 

Monitor, seek amendments

The bill addresses concerns related to child care facilities that are
operating without a valid license or are exempt from licensure, including:
  • Adding a requirement for the state department of human
services (department) to include complaints and
cease-and-desist orders that have been issued against a
child care facility (facility) on the department's child care
provider website that is accessible to the public;
  • Allowing the department or a county department of human

or social services (county department) to apply for an
injunction if a person is operating a facility that is either
required to be licensed but is in violation of any of the
requirements of such license or is exempt from licensure
but has received one or more cease-and-desist orders from
the department or a county department;
  • Establishing that a person operating a facility, whether
licensed or exempt from licensure, that has received a
cease-and-desist order from the department or a county
department and who fails to cure the violation cited by the
department or a county department in the allotted period is
guilty of a petty offense;
  • Revising and increasing the language related to civil
penalties and fines for persons operating a facility, whether
licensed or exempt from licensure; and
  • Clarifying that those petty offenses count toward the
withholding of Colorado child care assistance program
money for family child care home providers.
In honor and memory of Elle Matthews, the bill names section
26-6-112 of the Colorado Revised Statutes the Elle Matthews Act for
Increased Safety in Child Care.

Support with amendments

This bill allows for public notice on the state’s website of unlicensed child care providers or exempt providers that have been served cease and desist orders by the State.  It allows the state department or county department to apply for an injunction if unlicensed or exempt providers have been provided a cease and desist letter.  It also provides stiff penalties for anyone who continues to operate after having received an injunction.

This bill directly impacts our clients and the citizens of Jefferson County as it provides a resource for families to identify concerning providers.  JCHS has had several investigations in the past of providers where the concerns are significant and directly relate to child safety, and then the same provider is investigated shortly after for similar concerns.  The parents of these children are desperate for child care in general, especially inexpensive child care, but would never want to put their child in an unsafe situation and have requested this exact service so that they can make better informed decisions.  There have also been circumstances where county child welfare has determined the facility is unsafe, and then contacted State licensing to take immediate actions to get injunctions.  Allowing for counties to apply directly for this injunction could be a benefit in these extreme cases.  However, we have never encountered a situation where we have contacted State licensing and they have not taken swift action.  I also find benefit to the stiff penalties.  As previously stated we have investigated providers with significant safety concerns that have children back in their home or facility the day after having received a cease and desist letter.  I think these stiffer penalties would serve as a deterrent for these circumstances.

Existing language in statute, and some new language in the bill, allows CDHS OR a county to file an injunction against a child care provider; in the case of a county through the county attorney’s office.  Traditionally the state has been the enforcer of legal actions regarding child care providers whether or not they are licensed or exempt. Many county directors were unaware of the option for counties to file such legal actions, and feel this could create liability for a county. There is a movement to see amendments drafted to remove this power from counties supported by many directors.

This law is in honor and support of Elle Matthews.  Although she did not die in a facility in Jefferson County, there have been other children who have.  Although I do not think this law would prevent all future deaths in these types of care, this would provide families with additional resources to help make informed decisions about their child care.

Support with amendments

The bill appropriates money to the department of higher education
for the Colorado opportunity scholarship initiative's displaced workers
grant.

Support

The bill appropriates additional money into a displaced workers grant  that is a part of the Colorado Opportunity Scholarship Initiative.  It is for students in higher education that have been displaced due to COVID-19 have not yet earned a credential, or individuals displaced by COVID who need to upskill to receive a credential. The purpose is to support approximately 3000 residents with upskilling so they can return to the workforce (it appropriates $15 million in State GF.)  (Zenzinger; in Approps.)

The bill creates 4 new grant programs to increase capacity for early
childhood care and education, improve recruitment and retention rates for
early childhood educators (educators), and improve salaries for educators.
Specifically, the bill creates the following programs:
  • The employer-based child care facility grant program;

  • The early care and education recruitment and retention
grant and scholarship program;
  • The child care teacher salary grant program; and
  • The community innovation and resilience for care and
learning equity (CIRCLE) grant program.
The bill also eliminates the repeal dates for the child care
sustainability grant program and the emerging and expanding child care
grant program.
The bill appropriates money for the grant programs from the
general fund as well as from federal funds from the child care
development fund.

Support

This bill creates and appropriates funding for four new grant programs to increase early childhood care/education and improve recruitment, retention and salaries of early childhood educators:

• The employer-based child care facility grant program;
• The early care and education recruitment and retention grant and scholarship program;
• The child care teacher salary grant program; and
• The community innovation and resilience for care and learning equity (CIRCLE) grant program.

This legislation could result in significant improvements in the accessibility, availability and affordability of high quality childhood care/education for our customers, employees and residents in Jeffco. The bill will also help providers to provide high quality child care and livable wages to their employees. There is no direct fiscal impact.

Support

The bill allows the division of housing within the department of
local affairs to use the housing development grant fund for rental
assistance, tenancy support service programs, and awarding grants and
loans for the purchase of underutilized hotels, underutilized motels, and
other underutilized properties. The bill expands those who are eligible to

benefit from the rental assistance and tenancy support programs to
include individuals experiencing homelessness.
The bill also transfers $15 million from the general fund to the
housing development grant fund for the funding of rental assistance and
tenancy support programs for individuals experiencing homelessness
related to underutilized hotels, underutilized motels, and other
underutilized properties, and the awarding of grants and loans for the
purchase of underutilized hotels, underutilized motels, and other
underutilized properties.
Finally, the bill requires the department of local affairs, during its
annual report to the assigned committee of reference, to report on the
rental and tenancy support service programs provided by the division of
housing for individuals experiencing homelessness related to
underutilized hotels, underutilized motels, and other underutilized
properties and the grants and loans awarded by the division in relation to
the rental, acquisition, or renovation of underutilized hotels, underutilized
motels, and other underutilized properties.

Support

This bill allows DOLA’s Div. of Housing to use the housing development grant fund for rental assistance, tenancy support programs, as well as awarding grants and loans for the purchase of underutilized motels/hotels to support housing models including those that support individuals experiencing homelessness.

This bill could provide grant opportunities for Jeffco or Jeffco organizations to pursue the purchase of underutilized motels that could be converted to safer housing options for Jeffco residents/families experiencing homelessness, while working with navigators to identify more permanent housing solutions. Currently in Jeffco we use motels as a stop gap as families/individuals stabilize. Funding to convert these properties to safer options would enhance the navigation services currently provided and ensure a faster stabilization of individuals and families.  The bill transfers $15M from state general fund to the housing development grant fund. Not yet scheduled; in LG (Pettersen). 

Support

For each of the 2021-22, 2022-23, and 2023-24 state fiscal years,
the bill requires the general assembly to appropriate $21,090,149 to the
department of public health and environment as follows:
  • $10,000,000 for distributions to local public health
agencies; and
  • $11,090,149 for disease control and public health response.

Support

Support (County is tracking)

Joint Budget Committee. The bill creates a work group that is
tasked with developing a sustainable model that is not embedded in the
child welfare system to better serve students. The bill outlines
membership in the work group, duties of the work group, and reporting
requirements for the work group and commissioner of education.

The bill requires, in state fiscal year 2021-22 only, and within
available appropriations, that the department of education distribute
supplemental payments to facility schools approved by the department as
of October 1, 2021. The supplemental payments must be above and
beyond the current daily per pupil revenue rate as established for the
2021-22 state fiscal year.

Support

Joint Budget Committee. The bill requires county departments
of human or social services to apply for the children's habilitation
residential program (CHRP) waiver for children with intellectual and
developmental disabilities who are referred for placement in the program
and show proof of enrollment or denial of eligibility to the department of

human services when they apply for placement in CHRP. The bill does
not guarantee a placement if the child is enrolled in CHRP.

Support

Support

Joint Budget Committee. The bill requires the state department
of human services (state department), beginning in state fiscal year
2024-25, to use the child welfare allocations funding model (funding
model) to determine the capped and targeted allocations for child welfare
services and the funding required for adoption and relative guardianship

subsidies, the independent living program, additional county child welfare
staff, and family and children's programs.
The funding model determines the appropriate level of funding
required to fully meet all state and federal requirements concerning the
comprehensive delivery of child welfare services. The bill clarifies what
must be included in the funding model and requires the state department
and the child welfare allocations committee to annually submit a report
on the funding model to the joint budget committee.
The department is required to enter into a 3-year agreement with
an outside entity to annually modify the funding model based on
recommendations from the child welfare allocations committee and
evaluations and deliver the results of the model each year. The bill
requires a child welfare workload study to inform the funding model. To
maintain the integrity of the data used in the funding model, the child
welfare allocations committee shall annually examine county practices
regarding data collection and financial management, an evaluation group
annually evaluates the funding model, and, every 3 years, an outside
evaluating entity conducts a comprehensive evaluation of the
implementation of the funding model.

Support

Support

Joint Budget Committee. The bill makes several changes to the
current child welfare system, including:
  • Ensuring that out-of-home placements in the division of
youth services align with the requirements of the federal
Family First Prevention Services Act to qualify for Title

IV-E reimbursement for such placements;
  • Ensuring appropriate capacity for out-of-home placements
in Colorado;
  • Authorizing a county to negotiate rates above the base
anchor rates established by the state department with
licensed out-of-home placement providers serving children
in higher acuity cases;
  • Requiring the department of human services (department)
to contract with a vendor to update the existing actuarial
analysis to include division of youth services out-of-home
placement providers and new out-of-home placement
provider options under federal law, and to update and fully
implement the existing rate methodology with the updated
provider rates by September 30, 2021;
  • Commencing with the 2022-23 fiscal year, requiring the
department to contract with an independent vendor every
3 years to conduct a new actuarial analysis of all provider
rates for licensed out-of-home placement providers,
including the division of youth services providers, to
update the rate-setting methodology to reflect the new
actuarial analysis, and to implement any adjusted provider
rates by July 1, 2024, and by July 1 of each fiscal year
immediately following the fiscal year in which a new
actuarial analysis results in adjusted rates; and
  • Requiring the use of a portion of the federal Family First
Transition and Support Act funding to be used to support
the transition of current providers to a placement option
that meets the needs of the child or youth and maximizes
federal Title IV-E and medicaid reimbursements.
The bill appropriates $250,000 to the department for use by the
child welfare division for provider rate actuarial services.

Monitor; seek amendments

Joint Budget Committee. The bill directs the department of
health care policy and financing (department) to develop a spending plan
(spending plan) for using enhanced, one-time federal matching money

received pursuant to the American Rescue Plan Act of 2021 (federal
act) to enhance, expand, and strengthen Medicaid-eligible home- and
community-based services for older adults and people with disabilities.
The department shall develop a proposed spending plan
considering feedback from providers, medical assistance recipients, and
advocates consistent with federal guidance on allowable uses of the
federal act funding. Money from the federal act may be used for home-
and community-based services, as defined in the federal act, including
home health services, personal care services, PACE services, waiver
services, case management services, and rehabilitative services. The
department must develop the spending plan in accordance with federal act
guidance. The bill specifies possible components of the spending plan.
As soon as practicable after federal guidance is received, the
department shall submit the proposed spending plan to the joint budget
committee of the general assembly for approval. The joint budget
committee may reject or approve the spending plan and may make
recommendations for modifications to the spending plan. If the spending
plan is rejected, the department shall submit a new spending plan as soon
as possible. The department shall not implement the spending plan unless
the spending plan is approved by the joint budget committee.
The bill transfers $225,735,015 from the general fund to a cash
fund created in the bill. The money in the cash fund is appropriated to the
state department for the fiscal year commencing on July 1, 2021, for
expenditures identified in the spending plan approved by the joint budget
committee; except that the spending authority expires if a supplemental
appropriation bill is enacted. During the next legislative session, the joint
budget committee shall introduce a supplemental appropriation bill for
the amount of the expenditures authorized. For fiscal years commencing
on and after July 1, 2021, the general assembly may also appropriate
money from the fund for purposes authorized under the federal act.
Money in the fund may be used for the department's reasonable and
necessary administrative expenses.
The bill requires the department to submit expenditure reports with
additional information specified in the bill concerning the use of the
money received pursuant to the federal act.
The bill repeals the statutory provisions in 2025.
The bill appropriates money to the department to administer the
appropriations and adjusts the 2020 and 2021 long bill appropriations to
reflect federal funding not already accounted for in the long bills.

Monitor closely

HCPF is developing a spending plan for ARPA funds to enhance, expand and strengthen Medicaid HCBS services. The allowable uses are very broad and the first deadline is 6/12; money to be spent by 2024.  Expenditures could be retroactive, such as provider rate increases, and total estimated funds across the state are $995 million due to an enhanced match scheme.  This could potentially impact our LTSS team in human services, depending on what the state decides to do with the funding; there is a survey out that staff is filling out and utilizing to give feedback. Many organizations and advocacy groups are also giving input on where they think HCPF should apply the funds.  

As part of the federal American Rescue Plan Act of 2021
(federal act), the state will receive $3,828,761,790, and $380 million of
that money will be used for transportation infrastructure. Section 1 of the

bill creates the American Rescue Plan Act of 2021 cash fund (fund) and
requires the state treasurer to deposit $3,448,761,790, which is the
balance of the federal funds after the transportation infrastructure use, in
the fund.
The general assembly may transfer money from the fund to another
cash fund that is established for the purpose of using the money from the
federal coronavirus state fiscal recovery fund, and the act establishes
requirements for this type of cash fund or one that includes any
subsequent transfers or appropriations (recipient fund). If there is any
money remaining in the fund after the legislatively authorized transfers
during the 2021 legislative session, then the governor is authorized to
allocate up to $300 million for the purposes permitted under the federal
act, and the money is continuously appropriated to the departments the
governor designates.
In order to ensure proper accounting for and compliance with the
federal act, if a recipient fund has money from other sources, then the
state controller shall establish an identical, companion fund that only
includes the federal funds from the federal act.
Money in the fund or a recipient fund must be expended or
obligated by December 31, 2024, and any money obligated by December
31, 2024, must be expended by December 31, 2026. The state treasurer
is required to transfer the unused and unobligated amounts in the fund as
of December 31, 2024, to the unemployment compensation fund. A
department is prohibited from using any money from the fund or a
recipient fund for any purpose prohibited under the federal act, and
transfers from the fund to the general fund are prohibited.
The state controller is required to provide the secretary of the
treasury of the United States with the periodic reports about the state's use
of the money from the fund or a recipient fund. Departments and persons
receiving money from departments are required to comply with any
reporting record-keeping requirements established by the state controller
and the office of state planning and budgeting (office) and with any
program evaluation requirements established by the office. The office is
required to provide the joint budget committee with a yearly performance
report, which includes the information the state controller provides to the
secretary.
Sections 2 and 3 modify existing federal funds reporting
requirements so that, like the reporting on the money from the recipient
funds, the joint budget committee receives an annual report instead of
quarterly reports. In addition, the state controller is required to make the
report instead of the office, and the information required to be submitted
is modified.

As part of the federal American Rescue Plan Act of 2021, the state will receive $3,828,761,790, and $380 million of that money will be used for transportation infrastructure. This bill creates the cash fund and requires the state treasurer to deposit the remaining balance in the fund.

Money in the fund must be spent or a course of action must be decided by December 31, 2024, and any money not yet spent by December 31, 2024, must be spent by December 31, 2026. 

The bill creates the revenue loss restoration cash fund (fund). The
state treasurer is required to transfer $1 billion from the American

Rescue Plan Act of 2021 cash fund to the fund. This amount represents
a portion of the money that the state receives from the federal coronavirus
state fiscal recovery fund that represents the state's revenue loss as
calculated under United States department of treasury guidelines.
The general assembly may appropriate or transfer money from the
fund to a department for the provision of government services, including
kindergarten through twelfth grade public education, housing, state
employees, asset maintenance, seniors, criminal justice, state parks,
agriculture, and transportation infrastructure. On and after January 1,
2022, the general assembly may only appropriate money from the fund
through the annual general appropriation act or a supplemental
appropriation act.
The bill allocates the money over 3 fiscal years, as follows:
  • $357 million for the fiscal year 2021-22;
  • $333 million for the fiscal year 2022-23; and
  • $310 million for the fiscal year 2023-24.

The bill creates a new fund. The state treasurer is required to transfer $1 billion, which represents the amount of revenue lost due to Covid, from the American Rescue Plan Act of 2021 cash fund to this fund. 

The general assembly may appropriate or transfer money from the fund to a department for the provision of government services, including K-12 public education, housing, state employees, asset maintenance, seniors, criminal justice, state parks, agriculture, and transportation infrastructure. 

The bill allocates the money over 3 fiscal years, as follows:

• $357 million for the fiscal year 2021-22;
• $333 million for the fiscal year 2022-23; and
• $310 million for the fiscal year 2023-24.
  
  

   

The bill creates the area agency on aging grant program (grant
program) in the department of human service's state office on aging (state

office). The purpose of the grant program is to assist and support the
health, well-being, and security of older Coloradans.
The bill requires the state office and the area agency on aging to
collaborate and establish criteria for the following:
  • Adopting the policies and procedures for the administration
of the grant program;
  • Establishing and publishing criteria for the grant program;
and
  • Creating application procedures by which eligible
organizations may apply for and receive money from the
grant program.

This bill provides $15 million of General Fund money for an area agency on aging grant program in CDHS to help respond to the amplified need for community-based services that has been driven by COVID.

The bill requires the state office and the area agency on aging to collaborate and establish criteria for the following:

• Adopting the policies and procedures for the administration of the grant program;
• Establishing and publishing criteria for the grant program; and
• Creating application procedures by which eligible organizations may apply for and receive money from the grant program.

The bill creates the economic recovery and relief cash fund (fund)
which consists of money deposited in the fund from the American
Rescue Plan Act of 2021 cash fund. To respond to the public health
emergency with respect to COVID-19 or its negative economic impacts,
the bill allows the general assembly to appropriate or transfer money for
specified uses.
The bill transfers $40 million to the Colorado economic
development fund for the Colorado office of economic development to
use $10 million of the appropriated money to incentivize small businesses
to locate in rural Colorado and for the location neutral employment
incentive program which provides incremental cash incentives per remote
employee per year for up to 5 years to small businesses that hire new
employees in designated rural areas of the state. The bill specifies that the
remaining appropriated money must be used, subject to the fund
requirements, to provide grants to small businesses or to undertake any
other economic development activity in response to the negative
economic impacts of the COVID-19 pandemic.
The bill requires the executive committee of the legislative council
to create a task force to meet during the 2021 legislative interim and issue
a report with recommendations to the general assembly and the governor
on policies that use money from the fund to provide a stimulative effect
to the state's economy, necessary relief for Coloradans, or that address
emerging economic disparities resulting from the pandemic.

The bill creates the economic recovery and relief cash fund which consists of money deposited in the fund from the American Rescue Plan Act of 2021 fund. The bill allows the general assembly to appropriate or transfer money for specified uses to help combat the negative economic affects of Covid.

The bill transfers $40 million to the Colorado economic development fund for the Colorado office of economic development to use $10 million of the appropriated money to incentivize small businesses to locate in rural Colorado, among other uses.

The federal government enacted the American Rescue Plan Act
of 2021, Pub.L. 117-2, as the act may be subsequently amended, (federal
act) to provide support to state, local, and tribal governments in
responding to the impact of the COVID-19 public health emergency and
to assist them in their efforts to contain the effects of the COVID-19
public health emergency on their communities, residents, and businesses.
As part of the federal act, the state will receive $3,828,761,790
from the federal coronavirus state fiscal recovery fund to be used for
specific purposes identified in the federal act. The bill allocates a total of
$15 million to be appropriated for victim's services programs and
purposes related to populations who have been disproportionately
negatively affected by the COVID-19 public health emergency, including
those affected by domestic violence and sexual assault. The money will
be appropriated from the economic recovery and relief cash fund using
money from the federal coronavirus state fiscal recovery fund. All money
appropriated through the bill must conform with the eligible uses set forth
in the federal act.
The bill appropriates money to the following entities:
  • The forensic nurse examiner telehealth program;
  • The victims and witnesses assistance and law enforcement
fund;
  • The address confidentiality program fund; and
  • The Colorado domestic abuse program fund for the funding
of domestic violence programs.

The bill allocates a total of $15 million from the American Rescue Plan Act of 2021 to be appropriated for victim's services programs and purposes related to populations who have been disproportionately negatively affected by the COVID-19 public health emergency, including those affected by domestic violence, sexual assault, and violence generally.

The bill appropriates money to the following entities:

• The forensic nurse examiner telehealth program;
• The state and local victims and witnesses assistance and law enforcement funds;
• The state crime victims compensation program;
• The address confidentiality program fund; and
• The Colorado domestic abuse program fund for the funding of domestic violence programs.