HOUSE BILL 22-1369
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Story and Sonnenberg, Buckner, Coram, Donovan,
Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Pettersen, Priola,
Rankin, Rodriguez, Simpson, Smallwood, Winter, Zenzinger, Fenberg.
C
ONCERNING SUPPORT FOR CHILDREN 'S MENTAL HEALTH PROGRAMS , AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 26.5-1-113 as
follows:
26.5-1-113. Children's mental health program - appropriation -
legislative declaration - definitions - repeal. (1) (a) T
HE GENERAL
ASSEMBLY FINDS AND DECLARES THAT
:
(I) N
EUROBIOLOGICAL RESEARCH CONFIRMS THAT STRESSFUL
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. EXPERIENCES EARLY IN LIFE CAN HAVE PROFOUND AND DESTRUCTIVE
IMPACTS ON THE ARCHITECTURE OF THE BRAIN
;
(II) A
DDITIONAL SCIENTIFIC RESEARCH HAS SHOWN , HOWEVER, THAT
RESPONSIVE
, NURTURING RELATIONSHIPS BETWEEN YOUNG CHILDREN AND
THEIR CAREGIVERS THAT LEAD TO SECURE ATTACHMENT SERVE AS
POWERFUL
, PROTECTIVE BUFFERS TO STRESSFUL EXPERIENCES EARLY IN LIFE;
(III) P
ROVIDING AN EVIDENCE -BASED, TWO-GENERATION, AND
HOME
-BASED PREVENTION AND EARLY INTERVENTION MENTAL HEALTH
PROGRAM CAN PREVENT OR AMEL IORATE THE DAMAGE CAUSED BY
STRESSFUL EXPERIENCES
; AND
(IV) IT IS POSSIBLE TO DECREASE THE STRESS EXPERIENCED BY
FAMILIES BY CONNECTING FAMILY MEMBERS TO NEEDED SERVICES THROUGH
INTENSIVE CARE COORDINATION
. BY PROVIDING PSYCHOTHERAPY TO A
CAREGIVER AND CHILD TOGETHER
, IT IS POSSIBLE TO REPAIR THE IMPACT OF
STRESS ON THE CHILD AND STRENGTHEN THE CAREGIVING RELATIONSHIP
.
(b) T
HE GENERAL ASSEMBLY FINDS, THEREFORE, THAT:
(I) G
IVEN THE HARMFUL CONSEQUENCES OF THE ECONOMIC
DISRUPTIONS RESULTING FROM AND EXACERBATED BY THE
COVID-19
PUBLIC HEALTH EMERGENCY , IT IS IN THE BEST INTEREST OF THE STATE TO
AUTHORIZE THE DEPARTMENT OF EARLY CHILDHOOD TO CONTRACT WITH A
NONPROFIT ENTITY TO PROVIDE EVIDENCE
-BASED, TWO-GENERATION, AND
HOME
-BASED PREVENTION AND EARLY INTERVENTION CHILDREN 'S MENTAL
HEALTH PROGRAMS
; AND
(II) THE PURPOSE OF CHILDREN'S MENTAL HEALTH PROGRAMS IS TO
ENHANCE THE MENTAL HEALTH AND DEVELOPMENT OF CAREGIVERS AND
YOUNG CHILDREN
. CHILDREN'S MENTAL HEALTH PROGRAMS MUST COMBINE
COMPREHENSIVE
, COORDINATED SERVICES AND PSYCHOTHERAPEUTIC
INTERVENTION FOR CAREGIVERS AND CHILDREN
, INCREASE ADULT
SELF
-REGULATION AND EXECUTIVE FUNCTIONING , AND RESULT IN
LONG
-TERM POSITIVE OUTCOMES FOR CHILDREN AND FAMILIES .
(c) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
DEPARTMENT AND A NONPROFIT ENTITY WORK COLLABORATIVELY TO SHARE
INFORMATION AS NECESSARY TO PROMOTE EFFICIENT AND EFFECTIVE
PAGE 2-HOUSE BILL 22-1369 IMPLEMENTATION OF THE CHILDREN 'S MENTAL HEALTH PROGRAMS IN
COLORADO.
(d) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
CONTRACTING WITH A NONPROFIT ENTITY TO PROVIDE CHILDREN
'S MENTAL
HEALTH PROGRAMS CONSTITUTES CRITICAL GOVERNMENT SERVICES
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
HILDREN'S MENTAL HEALTH PROGRAM " MEANS AN
EVIDENCE
-BASED, TWO-GENERATION, AND HOME-BASED PREVENTION AND
EARLY INTERVENTION PROGRAM FOR FAMILIES WITH CHILDREN FROM
PRENATAL TO SIX YEARS OF AGE WHO ARE EXPERIENCING CHRONIC STRESS
AND TRAUMA
. A CHILDREN'S MENTAL HEALTH PROGRAM MUST BE PROVEN
TO SIGNIFICANTLY IMPROVE CHILD EMOTIONAL AND BEHAVIORAL HEALTH
,
CHILD LANGUAGE DEVELOPMENT , AND CAREGIVER MENTAL HEALTH , AS
WELL AS DECREASE CHILD ABUSE AND NEGLECT
, RESULTING IN LONG-TERM
POSITIVE OUTCOMES FOR CHILDREN AND FAMILIES
.
(b) "E
NTITY" MEANS A COLORADO-BASED NONPROFIT
ORGANIZATION
.
(3) (a) O
N OR BEFORE NOVEMBER 1, 2022, THE DEPARTMENT SHALL
CONTRACT WITH A
COLORADO-BASED NONPROFIT ENTITY TO PROVIDE
CHILDREN
'S MENTAL HEALTH PROGRAMS . THE ENTITY MUST HAVE PREVIOUS
AND CURRENT EXPERIENCE SERVING THE TARGET DEMOGRAPHIC USING A
CURRICULUM THAT
:
(I) I
NCLUDES COMPONENTS THAT PROVIDE FOR INTERVENING WITH
FAMILIES WITH YOUNG CHILDREN WHO ARE EXPERIENCING CHRONIC STRESS
AND TRAUMA
. THE CURRICULUM MUST CONNECT THE FAMILIES TO NEEDED
SERVICES THROUGH INTENSIVE CARE COORDINATION WHILE ALSO PROVIDING
PSYCHOTHERAPY FOR THE CHILD AND PARENT OR GUARDIAN
.
(II) H
AS BEEN PREVIOUSLY IMPLEMENTED WITH SUCCESS BY
PROVIDERS IN
COLORADO.
(b) T
HE ENTITY WITH WHICH THE DEPARTMENT CONTRACTS SHALL :
PAGE 3-HOUSE BILL 22-1369 (I) PERFORM COMMUNITY IMPLEMENTATION READINESS
ASSESSMENTS AND PROVIDE TRAINING
, COACHING, AND MONITORING FOR
THE IMPLEMENTATION OF CHILDREN
'S MENTAL HEALTH PROGRAMS ;
(II) P
ROVIDE ONGOING QUALITY ASSESSMENTS AND IMPROVEMENT
RECOMMENDATIONS TO ENSURE HIGH
-QUALITY IMPLEMENTATION AND
SUSTAINABILITY OF CHILDREN
'S MENTAL HEALTH PROGRAMS ;
(III) P
ROVIDE THE DEPARTMENT WITH SITE-SPECIFIC AND STATEWIDE
PROCESS AND OUTCOME EVALUATIONS OF CHILDREN
'S MENTAL HEALTH
PROGRAMS
; AND
(IV) ANNUALLY PREPARE AND SUBMIT TO THE DEPARTMENT AND
THE BEHAVIORAL HEALTH ADMINISTRATION AN EVALUATION OF THE
OUTCOMES OF ALL OF THE CHILDREN
'S MENTAL HEALTH PROGRAMS
IMPLEMENTED
.
(4) (a) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS TO THE DEPARTMENT
FOR THE PURPOSES OF IMPLEMENTING THIS SECTION FROM THE ECONOMIC
RECOVERY AND RELIEF CASH FUND CREATED IN SECTION
24-75-228. THE
DEPARTMENT IS AUTHORIZED TO EXPEND UP TO FIVE PERCENT TO PAY THE
COSTS INCURRED IN IMPLEMENTING THIS SECTION
, INCLUDING THE COSTS
INCURRED IN CONTRACTING WITH A NONPROFIT ENTITY
.
(b) M
ONEY SPENT PURSUANT TO THIS SUBSECTION (4) MUST
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE
DEPARTMENT SHALL EITHER SPEND OR OBLIGATE SUCH APPROPRIATION
PRIOR TO
DECEMBER 30, 2024, AND EXPEND THE APPROPRIATION ON OR
BEFORE
DECEMBER 31, 2026.
(c) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2027.
(5) T
HE DEPARTMENT AND THE CONTRACTED ENTITY SHALL COMPLY
WITH THE COMPLIANCE
, REPORTING, RECORD-KEEPING, AND PROGRAM
EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE
PLANNING AND BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE
WITH SECTION
24-75-226 (5).
PAGE 4-HOUSE BILL 22-1369 SECTION 2. Appropriation. For the 2022-23 state fiscal year,
$2,000,000 is appropriated to the department of early childhood for use by
the community and family support division. This appropriation is from the
economic recovery and relief cash fund created in section 24-75-228,
C.R.S., is of money the state received from the federal coronavirus state
fiscal recovery fund, and is based on an assumption that the department will
require an additional 0.3 FTE. To implement this act, the division may use
this appropriation for the children's mental health program authorized in
section 26.5-1-113, C.R.S. Any money appropriated in this section not
expended prior to July 1, 2023, is further appropriated to the division from
July 1, 2023, through December 30, 2024, for the same purpose.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 5-HOUSE BILL 22-1369 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1369