Colorado State Foster Parent Association
Public Policy Report
February 1, 2004
Submitted by Adoree Blair, Public Policy Chair


As of the first of Feb., please be aware of the following bills. This report is contains an addendum and updates from the January. report. (Please watch this site for updates about every two weeks through February, and periodically thereafter through the first part of May.)

Hours Bills:

HB 1016 by Rep. Johnson and Sen. S Johnson – This bill adds promotion of obscenity to minors to the charges that require sex offender registration. This bill has passed through Judiciary committee and has been sent to Appropriations.

HB 1036 by Rep. S Williams and Sen. Arnold – Requires youth drivers to drive without minor passengers until they have had a license for 6 months, unless one of the passengers is 21, the youth passengers are members of the immediate family, or there is an emergency. This bill has been assigned to the State, Veterans and Military Affairs Committee.

HB 1060 by Rep. Lundberg – This brings in federal guidelines so that a child’s legal caregiver is informed of all the constitutional rights he or she has, and what rights the child has, when a child is taken from that home. I am trying to determine if this includes foster parents. This bill passed through House HEWI and has been sent to Appropriations. It has a fiscal note to pay for staff training and tweaks to the computer system.

HB 1061 by Rep. Berry – This allows Child Advocacy Centers to videotape interviews with children who have been abused and/or neglected, and sets the guidelines for the consistency of the interviews. Hopefully, this method will cut down on the amount of interviews a child is required to go through.

HB 1064 by Rep. Tochtrop – This repeals the requirements that a D&N should be filed when a child is a runaway or beyond control of the parents. This bill has been postponed indefinitely (killed) by its sponsor due to her concerns about children receiving services.

HB 1078 by Rep. Harvey – This bill limits the ability of entities to display sexually explicit materials where a child might view them, and puts penalties in place for such display. This bill has been greatly amended, and has passed through the House and is on its way to the State, Veteran’s and Military Affairs Committee in the Senate.

HB 1083 by Rep. Sinclair – If a father tests DNA-negatively as the father of a child for whom he has been paying child support, the court must stop mandating the payments at the tested father’s request. This bill is waiting hearing before the IT House Committee.

HB 1105 – By Rep. Madden – This bill moves same-sex partner parent adoptions to the same requirements that are now needing to be met for stepparent adoptions. This bill was killed by the House IT Committee.

HB 1108 by Rep. McFayden – This bill requires court-ordered treatment providers providing services to D&N youth to keep all statements made by the youth confidential unless such statements provide information about future misconduct. This bill is waiting for its 2nd reading on the House Floor after passing through committee.

HB 1137 by Rep. Frangas – Makes it illegal for schools to use a signed confession by a student that could result in the student’s expulsion unless there is a parent present, or – the parent and child have signed a waiver for this requirement, or – a responsible adult acting as a parent is accompanying the child, or – the child misrepresents what is going on and the school acts in good faith despite the child’s untruthfulness. This bill waits for its committee hearing.

HB 1149 by Rep. Cheri Jahn – This bill requires that adoption petitions be denied to potential adoptive parents who have committed a felony (convicted of) concerning drug use, domestic violence or violation of a protection order, within the past five years at a minimum. This bill has been amended and waits its House Judiciary hearing.

HB 1158 by Rep. Madden – This bill limits the availability of “junk foods” in children’s schools in the state by limiting the time they can be purchased or consumed to after the lunch hours. This bill was killed in House Education Committee.

HB 1179 by Rep. Decker – Requires persons purchasing drugs that are methamphetamine precursor drugs to have their identification checked by the clerk at the store where the precursors are purchased. In addition, requires that the store keep a record of who purchased them and have that available to law enforcement. Waits for its House HEWI hearing.

HB 1180 by S Williams and Sandoval – Requires every school district to have a kindergarten program available. This bill waits its committee hearing.

HB 1182 by Rep Cloer, Sen Hillman – Requires property owners whose property has been used for a methamphetamine lab to clean up the property to certain standards. Limits liability to these property owners of the standards for cleanup have been met. Waits its hearing in House HEWI.

HB 1186 by Rep. Stafford, Sen. Johnson – Limits lawsuit damages against a CPA or Residential Treatment Center to $150,000.00 unless there was willful, wanton, reckless or outrageous conduct by an employee that brought about the lawsuit. This bill waits its House HEWI hearing.

HB 1196 by S Williams and Arnold – This bill takes away the “need to know” requirements that prohibit law enforcement from releasing sex offender information to an inquiring party. Waits hearing before House Local Government Committee.

HB 1200 by Rep. Clapp, Sen Anderson – This bill requires all agencies serving families and children with child welfare services to collaborate and share services so that we see less duplication of services, but more services available to more families. Creates an oversight board that reviews reports about how this collaborative effort is going. This bill waits its House HEWI hearing.

HB 1217 by Rep. Lee and Senator Arnold – This bill requires schools to give the parents of children attending the school a sample list of 4 to 6 questions the parents could ask regarding the performance of the schools, based on CSAP scoring. It requires the schools to notify the parents of other services available to their child, depending on the academic performance of the student. Schools report back to the governor about how this program is working. Waiting House committee hearing.

New House Bills as of 12-1-04:

HB 1254 by Rep. Welker- This bill eliminates the requirement that the parents of a child be informed when a child care home or facility is investigated for abuse or neglect. Also, requires that any facility paid with government funding in whole or part for the children’s care have all employees fingerprinted and CBI checked, with a 6-month grace period to work before the results are returned.

HB 1260 by Mc Fayden- – Requires the State Dep’t of Education to study the effect, on the education of children, of their parents being incarcerated, and to report back on these effects to the General Assembly by 2005.

HB 1261 by Weins and Kester – Allows state and other funding for kindergarten students only if those students are five years of age by July 1 of the budget year.

HB 1265 by The Joint Budget Committee Members – Transfers responsibility of Medicaid Mental Health Services from the Department of Human Services to The Department of Health Care Policy and Financing, and makes provisions about who shall be treatment providers under this new package (limits ability to choose mental health providers by the client.)

HB 1271 by Rep. Clapp – This bill creates Dedicated Foster Homes, subject to available money. For foster children ages 6 to 18, seeks house parents who will commit to care for a group of specific children until those children reach the age of 18, and accept those children back into the home even if they have exited the system. Subject to available money, offers inducements to foster parents to do this work, including tax breaks, help with mortgages, lost wages pay-back, etc.

HB 1272 by Rep. T Williams – This bill creates Citizen Review Panels in each county to review findings of child abuse or neglect, at the request of the person who is allegedly responsible for the abuse/neglect. Creates authority to release the investigative paperwork and findings to this panel, if requested.

HB 1277 by Hefley and Cairns – This bill changes the Child Care Commission to the School Readiness Commission and expands its duties to represent the name change.

Senate Bills:

SB 28 by Hagedorn and Larsen – This bill mandates that the Dep.t of Health Care Policy and Financing shall seek federal approval to treat Native Americans for substance abuse. Waiting its hearing before Appropriations from the HEWI committee, where it passed.

SB 29 by Sen. Windels and Rep Jahn – This bill amends the definition of medically fragile foster children to include those on tracheotomy tubes. It also requires any planning entity working with medical homes for individuals to plan for respite care for those medically fragile individuals, and notify the caregivers of such respite plans, so they can be used in an emergency. Awaiting its Senate HEWI Hearing.

SB 34 by Sen. Evans – This bill allows counties to designate certain streets in their areas as “play streets” and provides law enforcement authority to ticket parents who do not supervise their children when the children are utilizing those play streets. Passed through HEWI committee; waiting its 2nd reading on Senate floor.

SB 37 by Sens Anderson and Windels and Rep Stafford – This bill creates a legislative oversight committee that establishes a process to examine the treatment of individuals who have mental illness and are also involved in the criminal or juvenile justice system. Also creates a task force to begin examining the issues. This bill also creates a report system back to the legislature with recommended legislative changes. Passed through committee, waiting in Appropriations for a hearing.

SB 55 by Hagedorn and Carroll – This bill requires each police department to train its officers in Hate Crime and its control, and to submit an annual report to CBS’s crime labs. Waiting for its Senate Judiciary hearing.

SB 58 by Sandoval and Briggs – Creates a “Kids First” license plate for purchase in the state. Funds from this program will go to a children’s injury prevention program. Waiting hearing in Appropriations.

SB 65 by Keller and Coleman – This bill extends the mental health treatment of children without filing a D&N on the parents – it extends the program begun by Sen. Keller years ago, until 2009. Waiting to be heard in Senate HEWI.

SB 83 by Sandoval – Requires that schools with an 85% or more population of at-risk students (defined as various social and academic risk factors) be designated an alternate school if so requested. Provides accountability reporting procedures. Waiting Senate Education hearing.

SB 95 by Veiga and Mitchell – Requires the state to issue and file a certificate of stillbirth for parents of stillborn babies. Extends time for filing such certificates. Waiting for House HEWI hearing.

SB 117 by Sandoval – This bill was created for the case of the Native American infant who was taken at birth, and, if passed, will be called “The Sunshine Gates Act.” It requires that newborns not be taken from their parents without a court order by police, unless the police have a court order or unless the child tests positive for drugs or displays drug withdrawal symptoms, or the child’s parents or parent are unavailable or so mentally ill they cannot care for the child. Requires that the parents be given notice about their rights and what is going on, and that this be given in a language they can understand, even if an interpreter needs to be called in. This bill is waiting some amending on the Senate floor and is being watched very carefully by many advocacy groups.

SB 120 by Stafford and Hillman – Designates churches as being able to provide public service jobs, and designates the property used in providing these jobs continue to receive a religious tax exemption. Has passed its second reading on the Senate floor.

SB 122 by Sen. Reeves and Rep Hefley – This bill repeals the duties and roles of Magistrates in family law. Will be heard by Senate Judiciary Committee.

SB 136 by Arnold and King – This bill requires schools to offer remedial help to students who are failing, and to provide that help until they perform satisfactorily. Waiting its committee hearing.

SB 137 by Johnson and Rhodes – This bill requires that foster parents receive notice about upcoming hearings concerning their foster child, and that they be able to be heard at such hearings. In addition, this bill asks that all foster parent identifying information remain confidential from adult biological relatives of foster children unless the foster parent gives consent for such information to be shared. This bill is an effort of CSFPA. Waiting its Senate HEWI hearing.

SB 139 by Windels and Andrews – This bill requires health care providers to remind parents when their children are overdue for immunizations, unless there is a shortage of immunizations. Waiting for its Senate HEWI hearing.

New Senate Bills as of 2-1-04:

SB 154 by Evans and Lee: Provides for a new group of information about judges’ performance, to be used when evaluation judges for retention, expanding information about the courts.

SB 173 by Keller and Stafford: This bill creates new Mental Health Districts that will coordinate, and put forth tax initiatives to pay for, mental health services for residents in that district, and their family members.

To find out more about these bills, or to read them, or follow their progress, go to
http://www.leg.state.co.us/  HB is a House Bill, and SB is a Senate bill. If you have questions or concerns you can contact me at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   You may also leave questions at 303 798 3881, although please be patient, as I have a very busy phone.
 

 

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