Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0805.01 Jane Ritter x4342
HOUSE BILL 22-1283
House Committees Senate Committees
Public & Behavioral Health & Human Services
A BILL FOR AN ACT
C
ONCERNING ENHANCED RESIDENTIA L SERVICES FOR PERSONS WITH101
BEHAVIORAL HEALTH NEEDS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill implements the recommendations of the behavioral health
transformational task force concerning youth and family residential care.
Specifically, the bill:
! Creates in-home and residential respite care in 10-12
regions of the state for children and families;
! Provides operational support for psychiatric residential
HOUSE SPONSORSHIP
Michaelson Jenet and Bradfield, Amabile, Gonzales-Gutierrez
SENATE SPONSORSHIP
Buckner and Priola,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. treatment facilities and qualified residential treatment
programs for youth; and
! Provides funds to build and staff a neuro-psych facility at
the Colorado mental health institute at Fort Logan.
The bill requires the general assembly to appropriate money from
the behavioral and mental health cash fund to the department of human
services to implement the provisions of the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) During the COVID-19 pandemic, children and youth faced4
unprecedented behavioral health challenges;5
(b) During this unprecedented time, children, youth, and their6
families may have lost access to, or needed increased availability of,7
behavioral and mental health care;8
(c) Since the COVID-19 pandemic began, rates of psychological9
distress among youth have increased, including symptoms of anxiety,10
depression, and other behavioral and mental health disorders;11
(d) Additional in-home and residential respite care services and12
facilities for children and families must be created in ten to twelve13
regions of the state to meet the increased need;14
(e) Funding for additional operational support is critical for15
psychiatric residential treatment facilities and qualified residential16
treatment programs for youth across the state;17
(f) It is crucial to begin the process of building and staffing a18
neuro-psych facility with a capacity of up to sixteen beds for youth less19
than twenty-one years of age at the Colorado mental health institute at20
Fort Logan; and21
(g) The federal government enacted the "American Rescue Plan22
HB22-1283-2- Act of 2021" to provide support to state, local, and tribal governments in1
responding to the impact of the COVID-19 pandemic.2
(2) The general assembly further declares that:3
(a) Children, youth, and families have been disproportionately4
impacted by the COVID-19 pandemic and its negative public health5
impacts, especially the behavioral health of children, youth, and families.6
The programs and services funded by the federal money in this act are7
appropriate uses of the money transferred to Colorado under the8
"American Rescue Plan Act". This money will expand access to9
evidence-based treatment for behavioral health services, including10
additional in-home and residential respite care; operational support that11
is critical for psychiatric residential treatment facilities and qualified12
residential treatment programs for youth across the state; and building and13
staffing a neuro-psych facility with a capacity of up to sixteen beds for14
youth less than twenty-one years of age at the Colorado mental health15
institute at Fort Logan; and16
(b) The services described in this act are critical government17
services.18
SECTION 2. In Colorado Revised Statutes, 27-60-103, add (1.5)19
as follows:20
27-60-103. Behavioral health crisis response system - services21
- request for proposals - criteria - reporting - rules - definition -22
repeal. (1.5) (a) B
EGINNING JANUARY 1, 2023, THE STATE DEPARTMENT23
SHALL CREATE IN-HOME AND RESIDENTIAL RESPITE CARE SERVICES AND24
FACILITIES FOR CHILDREN AND FAMILIES IN TEN TO TWELVE REGIONS OF25
THE STATE, AS DETERMINED BY THE STATE DEPARTMENT AND A26
COMMITTEE OF INTERESTED STAKEHOLDERS .27
HB22-1283
-3- (b) (I) FOR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY1
SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH2
CASH FUND PURSUANT TO SECTION 24-75-230 TO THE STATE DEPARTMENT3
TO FUND IN-HOME AND RESIDENTIAL RESPITE CARE ACROSS THE STATE AS4
DESCRIBED IN THIS SUBSECTION (1.5).5
(II) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (1.5) MUST6
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL7
"A
MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY8
BE SUBSEQUENTLY AMENDED . THE STATE DEPARTMENT SHALL EITHER9
SPEND OR OBLIGATE SUCH APPROPRIATION PRIOR TO DECEMBER 30, 2024,10
AND EXPEND THE APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.11
(III) T
HIS SUBSECTION (1.5)(b) IS REPEALED, EFFECTIVE12
S
EPTEMBER 1, 2027.13
(c) (I) F
OR THE PURPOSES OF THIS SUBSECTION (1.5), RESPITE CARE14
IS PROVIDED IN A FOSTER CARE HOME, OTHER THAN THE CURRENT FOSTER15
CARE HOME WHERE THE CHILD OR YOUTH IN FOSTER CARE RESIDES .16
R
ESPITE CARE IS USED TO ALLOW THE FOSTER PARENT A TEMPORARY17
BREAK FROM PROVIDING CARE. RESPITE CARE IS ALSO USED WHEN A CHILD18
OR YOUTH IN FOSTER CARE NEEDS A TEMPORARY BREAK FROM THE CHILD 'S19
OR YOUTH'S CURRENT FOSTER CARE HOME .20
(II) A
NON-EMERGENCY RESPITE CARE OCCASION MAY NOT21
EXCEED THIRTY CALENDAR DAYS , WITH A MAXIMUM OF SIXTY DAYS PER22
CALENDAR YEAR; EXCEPT THAT THE CERTIFYING AGENCY , CASEWORKER,23
AND GUARDIAN AD LITEM MAY APPROVE EXCEPTIONS IN EXCESS OF SIXTY24
DAYS PER YEAR.25
(III) N
ON-EMERGENCY RESPITE CARE MAY NOT EXCEED THE26
IDENTIFIED CAPACITY OF THE RESPITE FOSTER CARE HOME .27
HB22-1283
-4- (IV) A SIBLING GROUP MAY BE CONSIDERED A SINGLE PLACEMENT1
FOR RESPITE CARE.2
(V) S
PACE REQUIREMENTS FOR RESPITE CARE SPECIFIED BY RULE3
APPLY.4
(VI) E
MERGENCY RESPITE CARE THAT CAUSES THE FOSTER CARE5
HOME TO EXCEED THE IDENTIFIED CAPACITY MUST NOT OCCUR FOR MORE6
THAN SEVEN CONSECUTIVE DAYS PER MONTH AND MUST NOT EXCEED7
TWENTY-EIGHT DAYS IN A CALENDAR YEAR . THE RESPITE FOSTER CARE8
HOME MAY NOT EXCEED MORE THAN TWO CHILDREN OR YOUTH IN FOSTER9
CARE ABOVE THE HOME'S IDENTIFIED CAPACITY AND AGE RANGE .10
(VII) T
HE RESPITE FOSTER CARE HOME MUST BE IN COMPLIANCE11
WITH ALL OTHER APPLICABLE RULES REGULATING FOSTER CARE HOMES .12
(d) T
HE STATE DEPARTMENT AND ANY PERSON THAT RECEIVES13
MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE14
COMPLIANCE, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION15
REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND16
BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION17
24-75-226
(5).18
SECTION 3. In Colorado Revised Statutes, 27-60-113, amend19
(2), (3), (7) introductory portion, and (9) as follows:20
27-60-113. Out-of-home placement for children and youth21
with mental or behavioral needs - report - rules - funding - legislative22
declaration - repeal. (2) (a) On or before August 1, 2021, the state23
department shall develop a program to provide emergency resources to24
licensed providers to help remove barriers such providers face in serving25
children and youth whose behavioral or mental health needs require26
services and treatment in a residential child care facility. Any such27
HB22-1283
-5- licensed provider shall meet the requirements of a qualified residential1
treatment program, as defined in section 26-5.4-102, a psychiatric2
residential treatment facility, as defined in section 26-5.4-103 (19.5), or3
therapeutic foster care, as defined in section 26-6-102 (39).4
(b) (I) B
EGINNING JULY 1, 2022, THE STATE DEPARTMENT SHALL5
PROVIDE OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL6
TREATMENT FACILITIES FOR YOUTH AND QUALIFIED RESIDENTIAL7
TREATMENT PROGRAMS FOR YOUTH ACROSS THE STATE .8
(II) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL ASSEMBLY9
SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND MENTAL HEALTH10
CASH FUND PURSUANT TO SECTION 24-75-230 TO THE STATE DEPARTMENT11
TO FUND OPERATIONAL SUPPORT FOR PSYCHIATRIC RESIDENTIAL12
TREATMENT FACILITIES FOR YOUTH AND QUALIFIED RESIDENTIAL13
TREATMENT PROGRAMS FOR YOUTH ACROSS THE STATE AS DESCRIBED IN14
THIS SUBSECTION (2).15
(III) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST16
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL17
"A
MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY18
BE SUBSEQUENTLY AMENDED . THE STATE DEPARTMENT SHALL EITHER19
SPEND OR OBLIGATE SUCH APPROPRIATION PRIOR TO DECEMBER 30, 2024,20
AND EXPEND THE APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.21
(IV) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE SEPTEMBER22
1,
2027.23
(c) T
HE STATE DEPARTMENT AND ANY PERSON THAT RECEIVES24
MONEY FROM THE STATE DEPARTMENT SHALL COMPLY WITH THE25
COMPLIANCE, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION26
REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND27
HB22-1283
-6- BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION1
24-75-226
(5).2
(3) The state department may promulgate rules concerning the3
placement of a child or youth in the program. The rules may address4
quality assurance monitoring, admissions, discharge planning, appropriate5
length of stay, an appeals process for children and youth who are6
determined ineligible for the program, and compliance with applicable7
federal law, including the federal "Family First Prevention Services Act"8
AND WAIVERS FOR CERTAIN REQUIREMENTS OF SUCH ACT ; except that rules9
concerning the placement of a child or youth who is not in the custody of10
a state or county department of human or social services shall
MUST not11
inappropriately apply compliance with such act.12
(7) No later than November 1, 2022, 2023, and 2024 ON OR13
BEFORE NOVEMBER 1, 2023, AND EVERY NOVEMBER 1 THEREAFTER, the14
state department shall submit a written report to the house of15
representatives public and behavioral health and human services16
committee, the senate health and human services committee, or their17
successor committees, and the joint budget committee. At a minimum, the18
report must include:19
(9) This section is repealed, effective July 1, 2025 JULY 1, 2028.20
SECTION 4. In Colorado Revised Statutes, add 27-94-107 as21
follows:22
27-94-107. Youth neuro-psych facility at the center - funding23
- repeal. (1) B
EGINNING JULY 1, 2022, THE DEPARTMENT OF HUMAN24
SERVICES SHALL BEGIN THE PROCESS OF BUILDING AND STAFFING A25
NEURO-PSYCH FACILITY AT THE CENTER . THE NEURO-PSYCH FACILITY26
MUST HAVE A CAPACITY OF UP TO SIXTEEN RESIDENTIAL BEDS FOR YOUTH27
HB22-1283
-7- WHO ARE LESS THAN TWENTY -ONE YEARS OF AGE.1
(2) (a) (I) F
OR THE 2022-23 BUDGET YEAR, THE GENERAL2
ASSEMBLY SHALL APPROPRIATE MONEY FROM THE BEHAVIORAL AND3
MENTAL HEALTH CASH FUND PURSUANT TO SECTION 24-75-230 TO THE4
DEPARTMENT OF HUMAN SERVICES TO FUND OPERATIONAL SUPPORT FOR5
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES FOR YOUTH AND6
QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR YOUTH ACROSS THE7
STATE AS DESCRIBED IN THIS SUBSECTION (2).8
(II) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (2) MUST9
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL10
"A
MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS THE ACT MAY11
BE SUBSEQUENTLY AMENDED . THE DEPARTMENT OF HUMAN SERVICES12
SHALL EITHER SPEND OR OBLIGATE SUCH APPROPRIATION PRIOR TO13
D
ECEMBER 30, 2024, AND EXPEND THE APPROPRIATION ON OR BEFORE14
D
ECEMBER 31, 2026.15
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1,16
2027.17
(3) T
HE DEPARTMENT OF HUMAN SERVICES AND ANY PERSON THAT18
RECEIVES MONEY FROM THE DEPARTMENT OF HUMAN SERVICES SHALL19
COMPLY WITH THE COMPLIANCE , REPORTING, RECORD-KEEPING, AND20
PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF21
STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN22
ACCORDANCE WITH SECTION 24-75-226 (5).23
SECTION 5. Safety clause. The general assembly hereby finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety.26
HB22-1283
-8-