Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0974.02 Jane Ritter x4342 HOUSE BILL 22-1369 House Committees Senate Committees Public & Behavioral Health & Human Services Appropriations A BILL FOR AN ACT C ONCERNING SUPPORT FOR CHILDREN 'S MENTAL HEALTH PROGRAMS,101 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.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 directs the department of early childhood to contract with a Colorado-based nonprofit entity to provide children's mental health programs. Be it enacted by the General Assembly of the State of Colorado:1 HOUSE 3rd Reading Unamended April 28, 2022 HOUSE Amended 2nd Reading April 27, 2022 HOUSE SPONSORSHIP Sirota and Pelton, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo, Catlin, Cutter, Duran, Esgar, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet, Ortiz, Ricks, Roberts, Titone, Valdez D., Van Beber, Weissman SENATE SPONSORSHIP Story and Sonnenberg, 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. SECTION 1. In Colorado Revised Statutes, add 26.5-1-105 as1 follows:2 26.5-1-105. Children's mental health program - appropriation3 - legislative declaration - definitions - repeal. (1) (a) T HE GENERAL4 ASSEMBLY FINDS AND DECLARES THAT :5 (I) N EUROBIOLOGICAL RESEARCH CONFIRMS THAT STRESSFUL6 EXPERIENCES EARLY IN LIFE CAN HAVE PROFOUND AND DESTRUCTIVE7 IMPACTS ON THE ARCHITECTURE OF THE BRAIN ;8 (II) A DDITIONAL SCIENTIFIC RESEARCH HAS SHOWN , HOWEVER,9 THAT RESPONSIVE, NURTURING RELATIONSHIPS BETWEEN YOUNG10 CHILDREN AND THEIR CAREGIVERS THAT LEAD TO SECURE ATTACHMENT11 SERVE AS POWERFUL, PROTECTIVE BUFFERS TO STRESSFUL EXPERIENCES12 EARLY IN LIFE;13 (III) P ROVIDING AN EVIDENCE-BASED, TWO-GENERATION, AND14 HOME-BASED PREVENTION AND EARLY INTERVENTION MENTAL HEALTH15 PROGRAM CAN PREVENT OR AMEL IORATE THE DAMAGE CAUSED BY16 STRESSFUL EXPERIENCES; AND17 (IV) I T IS POSSIBLE TO DECREASE THE STRESS EXPERIENCED BY18 FAMILIES BY CONNECTING FAMILY MEMBERS TO NEEDED SERVICES19 THROUGH INTENSIVE CARE COORDINATION . BY PROVIDING20 PSYCHOTHERAPY TO A CAREGIVER AND CHILD TOGETHER , IT IS POSSIBLE21 TO REPAIR THE IMPACT OF STRESS ON THE CHILD AND STRENGTHEN THE22 CAREGIVING RELATIONSHIP.23 (b) T HE GENERAL ASSEMBLY FINDS, THEREFORE, THAT:24 (I) G IVEN THE HARMFUL CONSEQUENCES OF THE ECONOMIC25 DISRUPTIONS RESULTING FROM AND EXACERBATED BY THE COVID-1926 PUBLIC HEALTH EMERGENCY , IT IS IN THE BEST INTEREST OF THE STATE TO27 1369 -2- AUTHORIZE THE DEPARTMENT OF EARLY CHILDHOOD TO CONTRACT WITH1 A NONPROFIT ENTITY TO PROVIDE EVIDENCE -BASED, TWO-GENERATION,2 AND HOME-BASED PREVENTION AND EARLY INTERVENTION CHILDREN 'S3 MENTAL HEALTH PROGRAMS ; AND4 (II) T HE PURPOSE OF CHILDREN'S MENTAL HEALTH PROGRAMS IS TO5 ENHANCE THE MENTAL HEALTH AND DEVELOPMENT OF CAREGIVERS AND6 YOUNG CHILDREN. CHILDREN'S MENTAL HEALTH PROGRAMS MUST7 COMBINE COMPREHENSIVE , COORDINATED SERVICES AND8 PSYCHOTHERAPEUTIC INTERVENTION FOR CAREGIVERS AND CHILDREN ,9 INCREASE ADULT SELF-REGULATION AND EXECUTIVE FUNCTIONING , AND10 RESULT IN LONG-TERM POSITIVE OUTCOMES FOR CHILDREN AND FAMILIES .11 (c) I T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE12 DEPARTMENT AND A NONPROFIT ENTITY WORK COLLABORATIVELY TO13 SHARE INFORMATION AS NECESSARY TO PROMOTE EFFICIENT AND14 EFFECTIVE IMPLEMENTATION OF THE CHILDREN 'S MENTAL HEALTH15 PROGRAMS IN COLORADO.16 (d) T HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT17 CONTRACTING WITH A NONPROFIT ENTITY TO PROVIDE CHILDREN 'S18 MENTAL HEALTH PROGRAMS CONSTITUTES CRITICAL GOVERNMENT19 SERVICES.20 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21 REQUIRES:22 (a) "C HILDREN'S MENTAL HEALTH PROGRAM " MEANS AN23 EVIDENCE-BASED, TWO-GENERATION, AND HOME-BASED PREVENTION AND24 EARLY INTERVENTION PROGRAM FOR FAMILIES WITH CHILDREN FROM25 PRENATAL TO SIX YEARS OF AGE WHO ARE EXPERIENCING CHRONIC STRESS26 AND TRAUMA. A CHILDREN'S MENTAL HEALTH PROGRAM MUST BE PROVEN27 1369 -3- TO SIGNIFICANTLY IMPROVE CHILD EMOTIONAL AND BEHAVIORAL HEALTH ,1 CHILD LANGUAGE DEVELOPMENT , AND CAREGIVER MENTAL HEALTH , AS2 WELL AS DECREASE CHILD ABUSE AND NEGLECT , RESULTING IN3 LONG-TERM POSITIVE OUTCOMES FOR CHILDREN AND FAMILIES .4 (b) "E NTITY" MEANS A COLORADO-BASED NONPROFIT5 ORGANIZATION.6 (3) (a) O N OR BEFORE NOVEMBER 1, 2022, THE DEPARTMENT7 SHALL CONTRACT WITH A COLORADO-BASED NONPROFIT ENTITY TO8 PROVIDE CHILDREN'S MENTAL HEALTH PROGRAMS . THE ENTITY MUST9 HAVE PREVIOUS AND CURRENT EXPERIENCE SERVING THE TARGET10 DEMOGRAPHIC USING A CURRICULUM THAT :11 (I) I NCLUDES COMPONENTS THAT PROVIDE FOR INTERVENING WITH12 FAMILIES WITH YOUNG CHILDREN WHO ARE EXPERIENCING CHRONIC13 STRESS AND TRAUMA. THE CURRICULUM MUST CONNECT THE FAMILIES TO14 NEEDED SERVICES THROUGH INTENSIVE CARE COORDINATION WHILE ALSO15 PROVIDING PSYCHOTHERAPY FOR THE CHILD AND PARENT OR GUARDIAN .16 (II) H AS BEEN PREVIOUSLY IMPLEMENTED WITH SUCCESS BY17 PROVIDERS IN COLORADO.18 (b) T HE ENTITY WITH WHICH THE DEPARTMENT CONTRACTS SHALL :19 (I) P ERFORM COMMUNITY IMPLEMENTATION READINESS20 ASSESSMENTS AND PROVIDE TRAINING , COACHING, AND MONITORING FOR21 THE IMPLEMENTATION OF CHILDREN 'S MENTAL HEALTH PROGRAMS ;22 (II) P ROVIDE ONGOING QUALITY ASSESSMENTS AND IMPROVEMENT23 RECOMMENDATIONS TO ENSURE HIGH -QUALITY IMPLEMENTATION AND24 SUSTAINABILITY OF CHILDREN'S MENTAL HEALTH PROGRAMS ;25 (III) P ROVIDE THE DEPARTMENT WITH SITE -SPECIFIC AND26 STATEWIDE PROCESS AND OUTCOME EVALUATIONS OF CHILDREN 'S MENTAL27 1369 -4- HEALTH PROGRAMS; AND1 (IV) A NNUALLY PREPARE AND SUBMIT TO THE DEPARTMENT AND2 THE BEHAVIORAL HEALTH ADMINISTRATION AN EVALUATION OF THE3 OUTCOMES OF ALL OF THE CHILDREN 'S MENTAL HEALTH PROGRAMS4 IMPLEMENTED.5 (4) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL6 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS TO THE7 DEPARTMENT FOR THE PURPOSES OF IMPLEMENTING THIS SECTION FROM8 THE ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN SECTION9 24-75-228. THE DEPARTMENT IS AUTHORIZED TO EXPEND UP TO FIVE10 PERCENT TO PAY THE COSTS INCURRED IN IMPLEMENTING THIS SECTION ,11 INCLUDING THE COSTS INCURRED IN CONTRACTING WITH A NONPROFIT12 ENTITY.13 (b) M ONEY SPENT PURSUANT TO THIS SUBSECTION (4) MUST14 CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL15 "A MERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED.16 T HE DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH17 APPROPRIATION PRIOR TO DECEMBER 30, 2024, AND EXPEND THE18 APPROPRIATION ON OR BEFORE DECEMBER 31, 2026.19 (c) T HIS SUBSECTION (4) IS REPEALED, EFFECTIVE SEPTEMBER 1,20 2027.21 (5) T HE DEPARTMENT AND THE CONTRACTED ENTITY SHALL22 COMPLY WITH THE COMPLIANCE , REPORTING, RECORD-KEEPING, AND23 PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF24 STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN25 ACCORDANCE WITH SECTION 24-75-226 (5).26 SECTION 2. Appropriation. For the 2022-23 state fiscal year,27 1369 -5- $2,000,000 is appropriated to the department of early childhood for use1 by the community and family support division. This appropriation is from2 the economic recovery and relief cash fund created in section 24-75-228,3 C.R.S., is of money the state received from the federal coronavirus state4 fiscal recovery fund, and is based on an assumption that the department5 will require an additional 0.3 FTE. To implement this act, the division6 may use this appropriation for the children's mental health program7 authorized in section 26.5-1-105, C.R.S. Any money appropriated in this8 section not expended prior to July 1, 2023, is further appropriated to the9 division from July 1, 2023, through December 30, 2024, for the same10 purpose.11 SECTION 3. Safety clause. The general assembly hereby finds,12 determines, and declares that this act is necessary for the immediate13 preservation of the public peace, health, or safety.14 1369 -6-