HOUSE BILL 23-1249
BY REPRESENTATIVE(S) Armagost and Gonzales-Gutierrez, Amabile,
Bacon, Boesenecker, Bradfield, deGruy Kennedy, Duran, Epps, Garcia,
Jodeh, Joseph, Lindstedt, Mabrey, Martinez, Ortiz, Sharbini, Velasco, Vigil,
Woodrow, Brown, Dickson, English, Froelich, Herod, Kipp, Lindsay,
Michaelson Jenet, Parenti, Ricks, Sirota, Story, Weissman, Willford,
Hamrick, Lieder, Marshall, Soper, Titone, McCluskie;
also SENATOR(S) Simpson and Coleman, Gonzales, Hinrichsen, Moreno,
Bridges, Buckner, Cutter, Danielson, Exum, Fields, Hansen, Jaquez Lewis,
Kolker, Marchman, Priola, Rodriguez, Winter F., Fenberg.
C
ONCERNING MEASURES TO IMPROVE OUTCOMES FOR YOUNG CHILDREN BY
REPLACING JUSTICE INVOLVEMENT WITH COMMUNITY
-BASED
SERVICES
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Providing developmentally appropriate services to young
children to address the underlying causes of problematic behaviors prevents
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. future youth misbehavior, thereby reducing recidivism in both adolescence
and adulthood, which leads to safer communities;
(b) Behavioral health programs, schools, child welfare services, and
other community-based programs and services are better equipped than the
juvenile justice system to identify and address the needs of young children
and to provide developmentally appropriate services to improve community
safety and reduce the risk that young children commit future crimes as
adults;
(c) Ensuring that community-based programs outside of the juvenile
justice system are funded to serve young children at risk of involvement
with the juvenile justice system, or who are currently facing delinquency
charges, reduces the negative impacts for young children and their
communities;
(d) Colorado has an existing system of local collaborative
management programs that can be improved to ensure young children
receive appropriate services outside of the juvenile justice system, which
will improve outcomes for young children and make communities safer;
(e) Serving young children through local collaborative management
programs reduces future victimization. Young children in the juvenile
justice system are at a higher risk of becoming victims of violence within
the justice system.
(f) A community-based alternative to serve young children is more
equitable. Young children of color are more likely to be referred to the
juvenile justice system and detained in juvenile justice facilities than White
young children.
(g) Additional data collection regarding how children are currently
served inside and outside the juvenile justice system is necessary to ensure
community-based programs outside the juvenile justice system continue to
effectively serve children.
(2) Therefore, the general assembly declares its intent to empower
community-based responses in the health, education, and child welfare
systems to serve children, including children who are under thirteen years
of age, instead of the juvenile justice system.
PAGE 2-HOUSE BILL 23-1249 SECTION 2. In Colorado Revised Statutes, 19-2.5-1404, amend
(3)(b)(IX) and (3)(b)(X); and add (3)(b)(XI), (3)(b)(XII), (3)(b)(XIII),
(3)(b)(XIV), and (3)(f) as follows:
19-2.5-1404. Working group for criteria for placement of
juvenile offenders - establishment of formula - review of criteria -
report. (3) (b) On or before July 1, 2023, and on or before July 1 each year
thereafter, the department of human services shall submit a report to the
working group, the judiciary committees of the senate and the house of
representatives, or any successor committees, and the health and human
services committee of the senate and the public and behavioral health and
human services committee of the house of representatives, or any successor
committees, including:
(IX) An analysis of the number of alleged and adjudicated juvenile
offenders who are served by county human services
departments through
their child welfare systems and the impact on those county departments; and
(X) The recommendations of the working group made pursuant to
subsection (3)(a)(III) of this section. THE NUMBER OF YOUTH, BY AGE AND
BY JUDICIAL DISTRICT
, WHO AT THE TIME THEY RECEIVED SERVICES FROM A
COUNTY DEPARTMENT
, INCLUDING, BUT NOT LIMITED TO , SERVICES
RECEIVED THROUGH PREVENTION SERVICES
, AN ASSESSMENT, OR AN OPEN
DEPENDENCY AND NEGLECT CASE
, EITHER:
(A) H
AD AN OPEN DELINQUENCY CASE IN A DISTRICT COURT ;
(B) W
ERE ON JUVENILE PROBATION; OR
(C) HAD A JUVENILE DEFERRED SENTENCE ;
(XI) T
HE NUMBER OF YOUTH, BY AGE AND BY JUDICIAL DISTRICT,
WHO AT THE TIME THEY WERE PLACED IN OUT -OF-HOME PLACEMENT BY A
COUNTY DEPARTMENT
, EITHER:
(A) H
AD AN OPEN DELINQUENCY CASE IN A DISTRICT COURT ;
(B) W
ERE ON JUVENILE PROBATION; OR
(C) HAD A JUVENILE DEFERRED SENTENCE ;
PAGE 3-HOUSE BILL 23-1249 (XIII) THE AGE, RACE, GENDER, AND DISABILITY STATUS FOR THE
CHILDREN DESCRIBED IN SUBSECTIONS
(3)(b)(X), (3)(b)(XI), AND
(3)(b)(XII) OF THIS SECTION; AND
(XIV) THE RECOMMENDATIONS OF THE WORKING GROUP MADE
PURSUANT TO SUBSECTION
(3)(a)(III) OF THIS SECTION.
(f) I
F THE DEPARTMENT IS UNABLE TO PROVIDE ANY OF THE DATA
REQUIRED IN THE ANNUAL REPORT PURSUANT TO SUBSECTION
(3)(b) OF THIS
SECTION
, THE DEPARTMENT SHALL INCLUDE IN THE REPORT ITS PLAN TO
COLLECT AND REPORT ON THE DATA THAT IS CURRENTLY UNAVAILABLE IN
THE FOLLOWING YEAR
. THE DEPARTMENT SHALL REPORT THE MISSING DATA
THE FOLLOWING YEAR
.
SECTION 3. In Colorado Revised Statutes, 24-1.9-102, amend
(2)(d) and (2)(f); and repeal (2)(i) as follows:
24-1.9-102. Memorandum of understanding - local-level
interagency oversight groups - individualized service and support
teams - coordination of services for children and families -
requirements - waiver. (2) (d) Creation of an oversight group. The
memorandum of understanding shall
MUST create a local-level interagency
oversight group and identify the oversight group's membership
requirements, procedures for selection of officers, procedures for resolving
disputes by a majority vote of those members authorized to vote, and
procedures for establishing any necessary subcommittees of the interagency
oversight group. Each interagency oversight group shall
MUST include a
local representative of each party to the memorandum of understanding
specified in paragraphs (a) and (a.5) of subsection (1)
SUBSECTIONS (1)(a)
AND (1)(a.5) of this section, each of whom shall be IS a voting member of
the interagency oversight group. In addition, the interagency oversight
group may include, but is not limited to, the following advisory nonvoting
members:
(I) Representatives of interested local private sector entities; and
(II) Family members or caregivers of children who would benefit
from integrated multi-agency services or current or previous consumers of
integrated multi-agency services;
AND
PAGE 4-HOUSE BILL 23-1249 (III) REPRESENTATIVES OR PRACTITIONERS FROM LOCAL , REGIONAL,
OR STATEWIDE RESTORATIVE JUSTICE PROGRAMS .
(f) Authorization to create individualized service and support
teams. The memorandum of understanding shall MUST include
authorization for the interagency oversight group to establish individualized
service and support teams to develop a service and support plan and to
provide services to children and families. who would benefit from
integrated multi-agency services.
(i) Performance-based measures. The department of human
services and the persons specified in section 24-1.9-103 (2)(b) shall develop
performance measures for the system of collaborative management, which
measures may be modified biennially to ensure that the measures remain
valid. The memorandum of understanding must identify performance
measures developed pursuant to this paragraph (i). If the parties to the
memorandum of understanding meet the identified performance measures,
the memorandum of understanding must require the interagency oversight
group to create a procedure, subject to the approval of the head or director
of each agency or department specified in paragraphs (a) and (a.5) of
subsection (1) of this section, to allow any incentive moneys received by the
department of human services and allocated pursuant to section 24-1.9-104
to be reinvested by the parties to the memorandum of understanding to
provide appropriate services to children and families who would benefit
from integrated multi-agency services, as such population is defined by the
memorandum of understanding pursuant to paragraph (c) of this subsection
(2). The parties to a memorandum of understanding shall report annually to
the department of human services on the performance measures identified
in the parties' memorandum of understanding pursuant to this paragraph (i).
SECTION 4. In Colorado Revised Statutes, add 24-1.9-102.3 as
follows:
24-1.9-102.3. Duties of individualized service and support teams.
(1) A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM , AS DESCRIBED IN
SECTION
24-1.9-102, MUST CREATE ONE OR MORE INDIVIDUALIZED SERVICE
AND SUPPORT TEAMS
. AN INDIVIDUALIZED SERVICE AND SUPPORT TEAM MAY
REFER A CHILD TO SERVICES AND MAY ESTABLISH A SERVICE AND SUPPORT
PLAN FOR A CHILD AFTER MEETING WITH THE CHILD
, THE CHILD'S FAMILY,
AND ANY OTHER RELEVANT PARTY OR COMMUNITY PARTNERS .
PAGE 5-HOUSE BILL 23-1249 (2) THE INFORMATION FORM FOR CHILDREN CREATED IN SECTION
24-1.9-102.7, OR ANY OTHER FORM CREATED BY THE LOCAL COLLABORATIVE
MANAGEMENT PROGRAM
, MAY BE USED BY MULTIPLE AGENCIES TO REFER A
CHILD TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM IN
ACCORDANCE WITH THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM
'S
MEMORANDUM OF UNDERSTANDING
. SUCH AGENCIES INCLUDE, BUT ARE NOT
LIMITED TO
:
(a) L
AW ENFORCEMENT;
(b) A
DISTRICT ATTORNEY;
(c) A
SCHOOL;
(d) A
FAMILY RESOURCE CENTER;
(e) A
CHILD ADVOCACY CENTER; AND
(f) A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES .
(3) O
NLY THE FOLLOWING PERSONS OR AGENCIES HAVE ACCESS TO
RECORDS CREATED BY AN INDIVIDUALIZED SERVICE AND SUPPORT TEAM
,
INCLUDING SERVICE AND SUPPORT PLANS :
(a) T
HE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES WHEN
INVESTIGATING A REPORT OF A KNOWN OR SUSPECTED INCIDENT OF CHILD
ABUSE OR NEGLECT OR PROVIDING SERVICES FOR A CHILD OR FAMILY WHO
IS THE SUBJECT OF THE REPORT
;
(b) A
N AGENCY WITH LEGAL RESPONSIBILITY OR AUTHORIZATION TO
CARE FOR
, TREAT, OR SUPERVISE A CHILD WHO IS THE SUBJECT OF THE
RECORD
;
(c) A
PARENT, LEGAL GUARDIAN OR CUSTODIAN , OR OTHER PERSON
RESPONSIBLE FOR THE HEALTH OR WELFARE OF A CHILD NAMED IN A RECORD
,
OR THE ASSIGNED DESIGNEE OF ANY SUCH PERSON ACTING BY AND THROUGH
A VALIDLY EXECUTED POWER OF ATTORNEY
;
(d) T
HE CHILD NAMED IN THE RECORD AND THE CHILD 'S GUARDIAN
AD LITEM OR COUNSEL FOR YOUTH
;
PAGE 6-HOUSE BILL 23-1249 (e) (I) A SERVICE PROVIDER WHO IS AND CONTINUES TO BE
OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE CARE OF THE CHILD
WHO IS THE SUBJECT OF THE RECORD
, BUT ONLY WITH REGARD TO
INFORMATION THAT THE SERVICE PROVIDER HAS A NEED TO KNOW IN ORDER
TO FULFILL THE SERVICE PROVIDER
'S PROFESSIONAL, OFFICIAL, AND ONGOING
ROLE
, INCLUDING:
(A) H
OSPITAL PERSONNEL ENGAGED IN THE ADMISSION , CARE, OR
TREATMENT OF THE CHILD
;
(B) M
ENTAL HEALTH PROFESSIONALS ;
(C) P
HYSICIANS OR SURGEONS, INCLUDING PHYSICIANS IN TRAINING;
(D) R
EGISTERED NURSES OR LICENSED PRACTICAL NURSES ;
(E) D
ENTISTS;
(F) P
SYCHOLOGISTS LICENSED PURSUANT TO PART 3 OF ARTICLE 245
OF TITLE 12;
(G) U
NLICENSED PSYCHOTHERAPISTS ;
(H) P
ROFESSIONAL COUNSELORS LICENSED PURSUANT TO PART 6 OF
ARTICLE
245 OF TITLE 12;
(I) M
ARRIAGE AND FAMILY THERAPISTS LICENSED PURSUANT TO
PART
5 OF ARTICLE 245 OF TITLE 12;
(J) P
UBLIC OR PRIVATE SCHOOL OFFICIALS OR EMPLOYEES ;
(K) S
OCIAL WORKERS LICENSED PURSUANT TO PART 4 OF ARTICLE
245 OF TITLE 12 OR INDIVIDUALS EMPLOYED BY AN AGENCY THAT IS
LICENSED OR CERTIFIED PURSUANT TO PART
9 OF ARTICLE 6 OF TITLE 26 OR
PART
3 OF ARTICLE 5 OF TITLE 26.5;
(L) V
ICTIM'S ADVOCATES, AS DEFINED IN SECTION 13-90-107
(1)(k)(II);
(M) C
LERGY MEMBERS , AS DEFINED IN SECTION 19-3-304
PAGE 7-HOUSE BILL 23-1249 (2)(aa)(III); OR
(N) EDUCATORS PROVIDING SERVICES THROUGH THE FEDERAL
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN
, INFANTS, AND
CHILDREN
, AS PROVIDED FOR IN 42 U.S.C. SEC. 1786.
(II) I
NFORMATION DISCLOSED TO A SERVICE PROVIDER PURSUANT TO
THIS SUBSECTION
(3)(e) IS CONFIDENTIAL AND SHALL NOT BE DISCLOSED BY
THE SERVICE PROVIDER TO ANY OTHER PERSON
, EXCEPT AS PROVIDED BY
LAW
.
(4) I
NFORMATION DISCLOSED PURSUANT TO SUBSECTION (3) OF THIS
SECTION MUST NOT INCLUDE THE CONTACT INFORMATION OF A VICTIM
, OR
ANY IDENTIFYING INFORMATION OF A VICTIM
, UNLESS THE VICTIM CONSENTS
TO SHARING INFORMATION
.
(5) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY
, A CHILD'S RECORDS, STATEMENTS, OR HISTORY WITH THE LOCAL
COLLABORATIVE MANAGEMENT PROGRAM ARE NOT
, WITHOUT THE CHILD'S
CONSENT
, ADMISSIBLE AS EVIDENCE IN ANY ADJUDICATORY OR CRIMINAL
HEARING IN WHICH THE CHILD IS ACCUSED AND ARE NOT SUBJECT TO
SUBPOENA IN ANY ADJUDICATORY OR CRIMINAL HEARING IN WHICH THE
JUVENILE IS ACCUSED
. THIS SUBSECTION (5) DOES NOT SUPERCEDE ANY
OBLIGATIONS AND DUTIES OF ANY MANDATORY REPORTER PURSUANT TO
SECTION
19-3-304.
SECTION 5. In Colorado Revised Statutes, amend 24-1.9-102.5
as follows:
24-1.9-102.5. Evaluation. The department of human services shall
ensure that an annual external evaluation of the statewide program and each
county or regional program is conducted by an independent outside entity.
The department may contract with the outside entity to conduct an external
evaluation of those counties that opted not to participate in the collaborative
management program. The department of human services shall utilize
moneys
MONEY in the performance-based collaborative management
incentive cash fund created in section 24-1.9-104, or any general fund
moneys MONEY appropriated for this purpose, for annual external
evaluations of the counties participating in memorandums of understanding
pursuant to section 24-1.9-102, also known as the
LOCAL collaborative
PAGE 8-HOUSE BILL 23-1249 management program, as well as external evaluations as determined by the
department of human services of those counties that opted to not participate
in the collaborative management program. The annual external evaluation
must include any evaluation that may be required in connection with a
waiver authorized pursuant to section 24-1.9-102 (4). and an evaluation of
whether the parties to a collaborative management program have
successfully met or exceeded the performance measures identified in the
parties' memorandum of understanding pursuant to section 24-1.9-102.
(2)(i). Each county participating in the LOCAL collaborative management
program shall participate fully in the annual external evaluation.
SECTION 6. In Colorado Revised Statutes, amend 24-1.9-102.7
as follows:
24-1.9-102.7. Technical assistance. (1) The department of human
services shall develop and implement training for counties participating in
or interested in participating in
the LOCAL collaborative management
program. The department of human services shall utilize moneys MONEY in
the performance-based collaborative management incentive cash fund
created in section 24-1.9-104, or any general fund moneys MONEY
appropriated for this purpose, to develop and implement training for counties. The training shall
MUST identify management strategies to
collaborate effectively and efficiently to share resources or to manage and
integrate the treatment and services provided to children and families
receiving collaborative management services pursuant to this article
ARTICLE 1.9, AND STRATEGIES TO ADDRESS THE NEEDS OF CHILDREN WHO
WOULD BENEFIT FROM INTEGRATED MULTI
-AGENCY SERVICES, INCLUDING
CHILDREN WHO HAVE HAD CONTACT WITH LAW ENFORCEMENT OR ARE AT
RISK OF INVOLVEMENT WITH THE JUVENILE JUSTICE SYSTEM
. IN DEVELOPING
SERVICES TO SUPPORT VICTIMS
, THE DEPARTMENT OF HUMAN SERVICES
SHALL CONSULT WITH THE DEPARTMENT OF PUBLIC SAFETY AND THE
DISTRICT ATTORNEYS
. IN DEVELOPING THE TRAINING AND STRATEGIES TO
INTEGRATE TREATMENT AND SERVICES FOR CHILDREN WHO HAVE ENGAGED
IN BEHAVIOR IN WHICH THE UNDERLYING FACTUAL BASIS INVOLVES
UNLAWFUL SEXUAL BEHAVIOR
, THE DEPARTMENT OF HUMAN SERVICES
SHALL CONSULT WITH THE SEX OFFENDER MANAGEMENT BOARD CREATED
PURSUANT TO SECTION
16-11.7-103. IN DEVELOPING THE TRAINING AND
OVERSIGHT
, THE DEPARTMENT OF HUMAN SERVICES SHALL CONSIDER THE
REPORT FROM THE PRE
-ADOLESCENT SERVICES TASK FORCE CREATED IN
SECTION
19-3-304.4.
PAGE 9-HOUSE BILL 23-1249 (2) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF HUMAN
SERVICES SHALL CREATE A MODEL INFORMATION FORM FOR CHILDREN FOR
A PARTY TO USE TO REFER A CHILD TO A LOCAL COLLABORATIVE
MANAGEMENT PROGRAM FOR ASSESSMENT AND SERVICES
.
SECTION 7. In Colorado Revised Statutes, 24-1.9-103, amend
(1)(a), (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI); and add (1)(b.5),
(1)(b.7), (1)(b.8), and (1)(b.9) as follows:
24-1.9-103. Reports - executive director review. (1) Commencing
January 1, 2007, and on or before each January 1 thereafter, each
interagency oversight group shall provide a report to the executive director
of each department and agency that is a party to any memorandum of
understanding entered into that includes:
(a) The number of children and families served through the
local-level
individualized service and support teams and A DESCRIPTION OF
THE RECOMMENDED SERVICES
; the outcomes of the services provided,
including
THE NUMBER, AGE, RACE, GENDER, AND, IF KNOWN, THE
DISABILITY STATUS OF THE CHILDREN SERVED
; A DESCRIPTION OF THE
OUTCOMES FOR CHILDREN SERVED
; AND a description of any reduction in
duplication or fragmentation of services provided and a description of any
significant improvement in outcomes for children and families;
(b.5) T
HE NUMBER OF CHILDREN AND FAMILIES WHO WERE REFERRED
TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND DID NOT RECEIVE
RECOMMENDED SERVICES
, INCLUDING A DESCRIPTION OF THE SERVICES THAT
WERE RECOMMENDED BUT NOT PROVIDED
; A DESCRIPTION OF THE BARRIERS
TO PROVIDING SUCH SERVICES
; AND THE AGE, RACE, GENDER, AND, IF
KNOWN
, THE DISABILITY STATUS OF THE CHILDREN;
(b.7) T
HE NUMBER OF CHILDREN , BY AGE, SERVED BY A LOCAL
COLLABORATIVE MANAGEMENT PROGRAM
, WHO WERE REFERRED BY THE
JUVENILE JUSTICE SYSTEM
;
(b.8) T
HE NUMBER OF CHILDREN, BY AGE, WHO WERE SERVED BY A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM
, WHO WERE REFERRED BY
A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
, INCLUDING
REFERRALS THROUGH A DEPENDENCY AND NEGLECT CASE
;
PAGE 10-HOUSE BILL 23-1249 (b.9) THE NUMBER OF CHILDREN, BY AGE, WHO WERE SERVED BY A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND WHO IDENTIFIED
THEMSELVES TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM AS
:
(I) A
NAMED VICTIM IN A CRIMINAL PROTECTION ORDER PURSUANT
TO SECTION
18-1-1001 OR IN A JUVENILE DELINQUENCY OR CRIMINAL CASE;
(II) A
RECIPIENT OF VICTIM COMPENSATION PURSUANT TO PART 4.1
OF THIS TITLE 24; OR
(III) A PROTECTED PARTY IN A PROTECTION ORDER PURSUANT TO
PART
14 OF TITLE 13, SECTION 19-2-707 AS IT EXISTED PRIOR TO ITS REPEAL
IN
2021, OR SECTION 18-1-1001;
(c) An accounting of moneys
MONEY that were WAS reinvested in
additional services provided to children or families who would benefit from
integrated multi-agency services due to cost-savings that may have resulted;
or due to meeting or exceeding performance measures identified in the
memorandum of understanding pursuant to section 24-1.9-102 (2)(i);
(2) (b) The following persons or their designees shall attend the
annual meeting required pursuant to subsection (2)(a) of this section:
(II) A superintendent of a school district that has entered into a
memorandum of understanding, and has met or exceeded the performance
measures identified in the memorandum of understanding pursuant to
section 24-1.9-102 (2)(i), as such superintendent is selected by the
commissioner of education;
(III) A director of a county department of human or social services
that has entered into a memorandum of understanding, and has met or
exceeded the performance measures identified in the memorandum of
understanding pursuant to section 24-1.9-102 (2)(i), as such director is
selected by the executive director of the state department of human services;
(VI) A director of a local mental health center that has entered into
a memorandum of understanding, and has met or exceeded the performance
measures identified in the memorandum of understanding pursuant to
section 24-1.9-102 (2)(i), as such director is selected by the executive
director of the department of human services;
PAGE 11-HOUSE BILL 23-1249 SECTION 8. In Colorado Revised Statutes, amend 24-1.9-104 as
follows:
24-1.9-104. Cash fund - creation - grants, gifts, and donations.
(1) On July 1, 2005, there shall be IS created in the state treasury the
performance-based collaborative management incentive cash fund, which
shall be IS referred to in this section as the "fund". The moneys MONEY in
the fund shall be IS subject to annual appropriation by the general assembly
to the department of human services for state fiscal year 2005-06 and each
fiscal year thereafter. The fund shall consist
CONSISTS of moneys MONEY
received from docket fees in civil actions and transferred as specified in section 13-32-101. (5)(a)(II), C.R.S.
(1.5) ON JULY 1, 2023, AND ANNUALLY THEREAFTER , THE GENERAL
ASSEMBLY SHALL APPROPRIATE MONEY TO THE FUND TO SERVE CHILDREN
WHO WOULD BENEFIT FROM INTEGRATED MULTI
-AGENCY SERVICES,
INCLUDING CHILDREN WHO HAVE HAD CONTACT WITH LAW ENFORCEMENT
OR WHO ARE AT RISK OF INVOLVEMENT WITH THE JUVENILE JUSTICE SYSTEM
.
(2) The executive director of the department of human services is
authorized to accept and expend on behalf of the state any grants, gifts, or
donations from any private or public source for the purposes of this section.
All private and public funds received through grants, gifts, or donations
shall
MUST be transmitted to the state treasurer, who shall credit the same
to the fund in addition to moneys MONEY credited pursuant to subsection (1)
of this section and any moneys MONEY that may be appropriated to the fund
directly by the general assembly. All investment earnings derived from the
deposit and investment of moneys
MONEY in the fund shall remain REMAINS
in the fund and shall not be transferred DOES NOT TRANSFER or revert to the
general fund of the state or any other fund at the end of any fiscal year.
(2.5) Notwithstanding any provision of this section to the contrary,
on June 1, 2009, the state treasurer shall deduct three hundred thousand
dollars from the fund and transfer such sum to the general fund.
(3) (a) On and after July 1, 2005, the executive director of the
department of human services shall allocate the moneys
MONEY in the fund,
and any general fund moneys MONEY appropriated for this purpose, to
provide incentives to parties to a memorandum of understanding who have
agreed to performance-based collaborative management pursuant to section
PAGE 12-HOUSE BILL 23-1249 24-1.9-102. (2)(i) and who, based upon the annual report to the department
of human services pursuant to section 24-1.9-102 (2)(i), have successfully
met or exceeded the performance measures identified in the parties'
memorandum of understanding pursuant to section 24-1.9-102 (2)(i). The
incentives shall be used to provide services to children and families who
would benefit from integrated multi-agency services, as such population is
defined by the memorandum of understanding pursuant to section
24-1.9-102 (2)(c). THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
HUMAN SERVICES SHALL
:
(I) B
EGINNING JULY 1, 2023, DISTRIBUTE ADDITIONAL FUNDS
APPROPRIATED FOR THE
2023-24 STATE FISCAL YEAR TO THE FUND TO
EXISTING COLLABORATIVE MANAGEMENT PROGRAMS PURSUANT TO THE
FUNDING FORMULA IN PLACE ON
JUNE 30, 2023;
(II) B
EGINNING JULY 1, 2024, PROVIDE AN ANNUAL SUM TO EACH
LOCAL COLLABORATIVE MANAGEMENT PROGRAM TO PROVIDE SERVICES TO
CHILDREN WHO WOULD BENEFIT FROM INTEGRATED MULTI
-AGENCY
SERVICES
, INCLUDING CHILDREN WHO HAVE HAD CONTACT WITH LAW
ENFORCEMENT OR WHO ARE AT RISK OF INVOLVEMENT WITH THE JUVENILE
JUSTICE SYSTEM
. FOR THE 2024-25 STATE FISCAL YEAR AND EACH STATE
FISCAL YEAR THEREAFTER
, THE AMOUNT OF THE SUM PROVIDED TO EACH
LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST BE DETERMINED
THROUGH A FUNDING FORMULA THAT CONSIDERS
:
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND
THE CHILD
'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND
(C) THE NUMBER OF CHILDREN IN THE POPULATION TO BE SERVED ,
AS DEFINED BY THE MEMORANDUM OF UNDERSTANDING PURSUANT TO
SECTION
24-1.9-102, IN EACH COUNTY OR REGION.
(a.5) On and after July 1, 2008, the executive director of the
department of human services is authorized to allocate moneys
MONEY in
the fund, and any general fund moneys MONEY appropriated for this
purpose, to be used to cover the direct and indirect costs of the external
evaluation of the performance-based
collaborative management program
described in section 24-1.9-102 and the technical assistance and training for
PAGE 13-HOUSE BILL 23-1249 counties as described in section 24-1.9-102.7.
(b) For purposes of allocating incentive moneys MONEY pursuant to
this subsection (3), the executive director of the department of human
services shall submit an accounting of moneys
MONEY in the fund, available
for incentives, and any general fund moneys MONEY appropriated for this
purpose, and a proposal for the allocation of incentive moneys MONEY to the
state board of human services for review and approval prior to the
allocation of the moneys
MONEY. The state board of human services shall
approve the proposal not later than thirty days after receipt of the proposal
from the executive director of the department of human services.
SECTION 9. In Colorado Revised Statutes, add 24-1.9-105 as
follows:
24-1.9-105. Funding for future local collaborative management
programs. (1) F
OR STATE FISCAL YEAR 2023-24, THE GENERAL ASSEMBLY
SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE GENERAL FUND TO
THE DEPARTMENT OF HUMAN SERVICES TO BE USED TO ASSIST INTERESTED
COUNTIES THAT DO NOT ALREADY OPERATE A LOCAL COLLABORATIVE
MANAGEMENT PROGRAM WITH ESTABLISHING A LOCAL COLLABORATIVE
MANAGEMENT PROGRAM OR JOINING AN EXISTING LOCAL COLLABORATIVE
MANAGEMENT PROGRAM
. THE DEPARTMENT OF HUMAN SERVICES SHALL
DETERMINE THE AMOUNT THAT IS DI STRIBUTED TO A COUNTY FOR THIS
PURPOSE
.
(2) A
LL UNEXPENDED OR UNENCUMBERED MONEY THAT REMAINS AT
THE END OF STATE FISCAL YEAR
2023-24 SHALL REVERT TO THE
COLLABORATIVE MANAGEMENT CASH FUND CREATED IN SECTION
24-1.9-104.
SECTION 10. In Colorado Revised Statutes, 27-50-403, amend
(2)(f) as follows:
27-50-403. Behavioral health administrative services
organizations - contract requirements - individual access - care
coordination. (2) A behavioral health administrative services organization
shall:
(f) Require collaboration with all local law enforcement and county
PAGE 14-HOUSE BILL 23-1249 agencies in the service area, including county departments of human or
social services
AND LOCAL COLLABORATIVE MANAGEMENT PROGRAMS
WITHIN THE SERVICE AREA
;
SECTION 11. In Colorado Revised Statutes, 27-50-404, amend (3)
as follows:
27-50-404. Care coordination - responsibilities of behavioral
health administrative services organizations - coordination with
managed care entities. (3) A behavioral health administrative services
organization shall ensure care coordination services through its network and
include local partners, when appropriate, such as counties and school
districts COUNTIES, SCHOOL DISTRICTS, AND LOCAL COLLABORATIVE
MANAGEMENT PROGRAMS
.
SECTION 12. In Colorado Revised Statutes, add 20-1-115 as
follows:
20-1-115. Reporting of children in diversion programs. (1) O
N
OR BEFORE
JULY 1, 2024, AND EACH JULY 1 THEREAFTER, THE DISTRICT
ATTORNEY OF EACH JUDICIAL DISTRICT SHALL SUBMIT A REPORT
, EITHER
INDIVIDUALLY OR THROUGH THE
COLORADO DISTRICT ATTORNEYS' COUNCIL,
TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE
SENATE JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , THAT
INCLUDES THE FOLLOWING FROM THE PREVIOUS TWELVE MONTHS IN THE
JUDICIAL DISTRICT
:
(a) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
UNDER THIRTEEN YEARS OF AGE WHO WERE OFFERED AN OPPORTUNITY TO
PARTICIPATE IN A DIVERSION PROGRAM BUT DECLINED TO PARTICIPATE
;
(b) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
UNDER THIRTEEN YEARS OF AGE WHO PARTICIPATED IN A DIVERSION
PROGRAM
;
(c) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
UNDER THIRTEEN YEARS OF AGE WHO WERE CHARGED WITH AN OFFENSE IN
A JUVENILE PROCEEDING AS A CONSEQUENCE OF FAILING TO SUCCESSFULLY
COMPLETE A DIVERSION PROGRAM
; AND
PAGE 15-HOUSE BILL 23-1249 (d) THE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
UNDER THIRTEEN YEARS OF AGE WHO ENTER INTO A DIVERSION PROGRAM
AND
, AT THE TIME OF ENTRY INTO THE DIVERSION PROGRAM OR DURING
PARTICIPATION IN THE DIVERSION PROGRAM
, ARE KNOWN TO THE DIVERSION
PROGRAM OR DISTRICT ATTORNEY
'S OFFICE TO RECEIVE SERVICES FROM A
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
, INCLUDING SERVICES
PROVIDED THROUGH PREVENTION PROGRAMS
, ASSESSMENT, A DEPARTMENT
OF HUMAN SERVICES CASE WITHOUT COURT INVOLVEMENT
, OR A
DEPENDENCY AND NEGLECT CASE
;
SECTION 13. Appropriation. (1) For the 2023-24 state fiscal year,
$2,257,411 is appropriated to the department of human services for use by
the division of child welfare. This appropriation is from the general fund.
To implement this act, the division may use the appropriation as follows:
(a) $257,411 for collaborative management program administration
and evaluation, which amount is based on an assumption that the division
will require an additional 1.0 FTE; and
(b) $2,000,000 to be distributed pursuant to section 24-1.9-105,
C.R.S.
(2) For the 2023-24 state fiscal year, $1,165,039 is appropriated to
the collaborative management cash fund created in section 24-1.9-104 (1),
C.R.S. This appropriation is from the general fund. The department of
human services is responsible for the accounting related to this
appropriation.
(3) For the 2023-24 state fiscal year, $1,165,039 is appropriated to
the department of human services for use by the division of child welfare
for distribution to existing collaborative management programs pursuant to
section 24-1.9-104, C.R.S. This appropriation is from reappropriated funds
in the collaborative management cash fund under subsection (2) of this
section.
SECTION 14. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
PAGE 16-HOUSE BILL 23-1249 within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie 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 17-HOUSE BILL 23-1249