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Public Policy Report April, 2003
Submitted by Adoree Blair, Public Policy Chair
Many foster parents are beginning to see changes in reimbursement and adoption subsidies due to the budget crisis. We are likely to see many more as the Joint Budget Committee has met and come to more cuts to balance NEXT year’s budget. That budget is being battled daily on the Senate floor, after which it will be sent to the House.
I have been invited to be on the committee deciding the fate of EPP, and will report on that as we work through changes. The first meeting is this week (4-11). I reported to the State Board of the Colorado Department of Human Services on 4-4 about how difficult it is for CPAs, with their shoestring budgets, to continue to pay increased licensing fees and stay in business. I reminded the board that half of all of our foster parents are CPA licensed, and need to retain their CPAs in order to care for our children.
Please remind all of your organizations to turn out on 4-22 to attend the One Colorado Town Hall Meeting at the Colorado History Museum adjacent to Denver Library. Parking catty-corner from the library is one dollar. Meeting is from 6 to 8 p.m. Sen. Moe Keller is the spokesperson. We need stories on the “face of budget cuts.” If your family is being negatively affected by budget cuts, we need for you or someone similarly affected to speak for a few moments about this!
Bills of interest that we have been following and which have been reported as to their content in February’s report, are: (New legislative action is typed in bold.)
HB 1286 –Acceleration of the Process for Terminating the Parent-Child Relationship of children under one one year of age, and, in connection therewith, expediting the voluntary relinquishment process” by Reps Hefley and Clapp, Romanoff: This is the bill I talked about in the meeting Saturday. It allows some relinquishing parents to be able to relinquish more quickly, without a court hearing, and to be able to notice the other parent, giving him an opportunity to ask for a court hearing, or have his rights terminated if he chooses not to ask for that hearing. It is a way of getting relinquishing parents through the process more quickly if they need that, in order to keep the “agony of the wait” from stretching on and on. It will probably be used in just a handful of the cases of relinquishment. This bill passed through the process and is waiting signature by the Governor.
HB 1211 – This bill, mistakenly numbered “HB1213” in the February report, is one that eliminates the old Central Registry system. This is being done because a state audit revealed that much of the information in the registry is inaccurate and some that should be in the records are not in the records. Since it is so flawed, the information will be thrown out and a new record of those who commit child abuse will be entered on the TRAILS system. Some advocates feel that the old records should be saved at least on archives systems – however, this will probably still create problems about who can access that information. This bill went to conference committee, and back to the House floor where it is waiting its final reading to concur with amendments.
HB 1024 by Rep Jahn “…Making Modifications to Certain Statutes Affecting Child Placement Agencies…” This bill has been amended very extensively, and is sitting waiting hearing in Appropriations. It has some difficultly ahead due to its fiscal note.
HB 1037, “Concerning the Reporting of Child Abuse or Neglect.” By Rep Romanoff and Senator Arnold: This bill clarifies in statute that social workers and other persons licensed to care for children are mandated reporters. This bill has been signed into law by the governor.
HB1004 by Rep. Rhodes, “…Amendment of the Crime of Child Abuse to Include Actions Related to the Manufacture of a Controlled Substance in the Presence of a Child, and Making an Appropriation…” This bill increases the penalty for manufacturing controlled substances or possession of methamphetamine precursors with the intent to manufacture in the presence of a child to a class 3 Felony. This bill was, amazingly, funded in Appropriations, and is on its way to the Senate.
HB 1081 by Rep. Coleman and Sen. Takis, “Limiting Foster Care Abuses” – This bill requires that any relative of any county department cannot operate a foster home licensed by that county; requires that no person who is a relative of any officer, governing board member, or employee of a CPA cannot operate a foster home licensed by that CPA; requires that no board member, officer, owner, employee, etc., of a CPA cannot own any shares or interest in any property that will operate as a foster care home for that CPA; gives the state authority to deny, revoke or suspend the licenses of any CPA or county that violates this law. Allows counties to receive monies back from CPAs that have violated the terms of this law. Added an amendment specifying an appeal of these recovered dollars for the CPAs. This bill has been sent to the Governor’s desk for signature.
SB 23 by Keller and Hefley, “Concerning the Creation of Time Lines for Terminating the Parent-Child Legal Relationship of Certain Children.” This bill requires that cases that are being terminated under EPP time lines be set for hearing within 90 days of the motion for termination. The fiscal note may drive this time-line back to 120 days, but Senator Keller is keeping it as tight as possible. This bill has been through the process and is back in the Senate awaiting its final reading before going to the Governor. It was amended in the House to reflect a better explanation of the full rights and remedies explained to biological parents when they first enter the D&N system.
HB 1144 by Rep. Groff, “The Exemption of Two-Point Lap Belt Restraint systems From certain Certain Child Restraint System Requirements.” This bill amends the law to take effect in Aug, 2003, that required children less than 55 inches tall and less than 6 years of age (more than four) to sit in both an approved safety seat and lap belt, to require just the lap belt. This bill has been signed by the Governor into law, so the new child safety seat requirements due to take place in August are no longer in effect.
HB 1149 by Rep. Cloer, “…Making False Statements…Regarding the Dependency or Neglect of a Child.” This bill makes it a Class 1 misdemeanor if any employee of human services makes a statement or writes a statement they know is false, concerning the D&N case of a child, whether in a meeting, in paperwork, or in the court. This bill is waiting passage out of the Senate Judiciary committee.
HB 1169 – “Meth Lab/Child Abuse” by Rep. Jahn, Sen. Arnold: This bill makes it a crime of child abuse to manufacture methamphetamines in a residence where a child resides, or to possess the precursors for such manufacturing within a house where a child resides. This bill has been sent to the Governor for signature.
HB 1172 by Rep. Clapp and Sen. Dyer – “Prohibiting Schools from Recommending Drugs” – This bill requires each school board to promulgate rules requiring school personnel to refrain from either recommending or requiring children to take psychotropic drugs. This bill is waiting for its final hearing in the Senate.
HB1176 By Rep. Lee and Sen. Evans – Requires the courts to report to the Colo. Dep’t. of Education any school employee who is convicted of domestic violence, incest when the child victim is under age 10, or felony of such employee. This bill passed through Education committee, amended and is still waiting a hearing in Appropriations.
HJR 1006 (House Joint Resolution) “Foster Child’s Bill of Rights” by Rep. Borodkin and Sen. Takis. The contents of the draft of this resolution were sent to the CSFPA Board for comment and input before the session began. Only some of this commentary was incorporated into the resolution. The resolution will not become law, but will be sent to Marva Livingston Hammons, county department directors, and Peg Long, director of CAFCA. This bill was postponed indefinitely (killed for this session) by the House HEWI committee.
SB 72 By Sen. Arnold, Rep. Marshall – “Sex Offender Information through Schools” – Requires each school in the state, at the beginning of the year, to give parents information about how to access the sex offender registry in their area. Directs the state sex offenders Management Board to develop materials to educate parents, and give them to the school board so that they can be available at the schools. This bill has been signed into law by the Governor.
SB 82 by Sen. Linkhart, Rep. Stafford “…Child Placement in D&N Actions” – This is a bill we’ve brought for three years to the legislature. It addresses children’s attachment issues and touts upfront kinship provider care, but brings children’s attachment issues to the fore at the end of the case, and prevents children’s attachments being broken, and subsequent damage. This bill was passed with amendments through the Senate Veterans and Military Affairs Committee and is in Appropriations (although its fiscal note has been removed.) This bill passed through Appropriations and is on its way to the Senate floor. On the House floor, it may face an uphill battle. We need help! Let me know if you can call your Representative and ask them to support this bill!
SB 83 by Sens. Keller and Arnold, and Rep. Romanoff – “Intermediate Care for Children” – this bill extends the program created by SB 116 years ago that provides mental health care to adopted children, so that they don’t have to be relinquished in order to receive mental health care. This bill is waiting for its Senate hearing before HEWI. Unfortunately, it has a fiscal note.
You can follow legislation by going to the General Assembly web site at http://www.state.co.us/gov_dir/stateleg.html. Or you can call me with questions at 303 798 3881 or email me at
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