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Colorado State Foster Parent Association May, 2003 Public Policy Report (Submitted by Adoree Blair)
Many foster parents are beginning to see changes in reimbursement and adoption subsidies due to the budget crisis Please let Deborah Cave at COCAF (COCAF.org) know if you are having subsidy difficulties, especially if your adoption subsidy is IV-E eligible, or if your subsidy is being reduced without a hearing or fair notice.
The 2003 legislative session ended on May 7. It was the most difficult session I have seen. The budget crisis caused emotions to run high, and unfortunately, was not addressed adequately by legislators. Some courageous legislators attempted to pass legislation that would have tweaked TABOR so that we could begin to recover from the recession; however, those bills were killed by the House State Veterans and Military Affairs Committee. Until the budget problems (including TABOR) are addressed, we will not see relief in funding for families and children, or recovery of our economy.
Bills of interest that we have been following and which have been reported as to their content in April’s report, are: (New legislative action is typed in bold.)
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. It is in the Governor’s hands for signature.
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 brings the counties up to the same standards to be measured as those which CPAs are measured. It passed through the Senate and is awaiting signature by the Governor. It was amended in the Senate to put on the Amber Alert legislation needed to enact that fine program in our state with full funding.
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.
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.
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 died in the Senate and the sponsor promises to revive it next session.
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. This bill barely squeaked by in the final day of the session.
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 was killed in Appropriations.
HB 1211 – This bill, mistakenly 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 has been signed into law by the Governor.
HB 1286 –Acceleration of the Process for Terminating the Parent-Child Relationship of children under 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 has been signed into law by the Governor.
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 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 signed into law by the Governor.
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 killed by the House State Veterans and Military Affairs Committee.
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 was funded by Appropriations and actually passed both houses, which is amazing, given its fiscal note. It has been sent to the Governor for signature.
At the end of the year, the Senate introduced a late bill, SB 314, which was about sibling placement. It was a “bad” bill, in that it ordered that siblings be placed together unless very high levels of proof made that not good for children. We were able to amend it so that it was not so bad for children, but what remains is threatening to some foster children. The bill passed both houses and is on its way to the Governor for signature. The problem it creates is that it still demands siblings be placed together all the way through the process (so clear to adoption) unless levels of proof show this is not good for children. What will happen is that sometimes, the easiest thing will be done, and that will be that children who have not been placed as siblings, and have grown attached to other caregivers who are capable and willing to raise those children, will be torn from attached caregivers and given to a family who will raise the whole sibling group. Please be aware of this bill, as it has great potential to harm children.
The bills that were “good solutions to the budget crunch” were by Sens Tupa, Teck, Gordon and Isgar and Reps Stengel, Weddig and Plant. None have survived. We need to call our legislators and ask that they support legislation that changes TABOR so that we can recover from this economic crisis. If you do not know who your Representative and Senator are, please go to the website below and click on the “Who are My Elected Officials?” at the left-hand side of the page and this will find your elected state people through your zip code.
You can follow legislation by going to the General Assembly web site at ttp://www.state.co.us/gov_dir/stateleg.html Or you can call me with questions or email me at 303 798 3881 or
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