First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0634.01 Chelsea Princell x4335
HOUSE BILL 23-1249
House Committees Senate Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE OUTCOMES FOR YOUNG101
CHILDREN BY REPLACING JUSTICE INVOLVEMENT WITH102
COMMUNITY -BASED
SERVICES, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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
.)
Under current law, counties are permitted to form a local
collaborative management program to provide services to youth. The bill
requires every county to participate in a local collaborative management
SENATE
Amended 2nd Reading
May 7, 2023
HOUSE
3rd Reading Unamended
April 17, 2023
HOUSE
Amended 2nd Reading
April 15, 2023
HOUSE SPONSORSHIP
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
SENATE SPONSORSHIP
Simpson and Coleman, Gonzales, Hinrichsen, Moreno
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. program and requires the local collaborative management program to
serve children 10 to 12 years of age and to form a service and support
team to create service and support plans for children 10 to 12 years of
age.
The bill provides an appropriation for local collaborative
management programs and requires the department of human services to
provide technical assistance to the programs.
The bill changes the minimum age of a child who is subject to the
juvenile court's jurisdiction. Under current law, children who are 10 years
of age or older can be prosecuted in juvenile court. The bill removes
children who are 10 to 12 years of age from the juvenile court's
jurisdiction and increases the age for prosecution in juvenile court to 13
years of age; except in the case of a homicide, then the juvenile court's
jurisdiction extends to children who are 10 to 12 years of age.
The bill clarifies that children who are 10 to12 years of age may
be taken into temporary custody by law enforcement for safety.
The bill provides that when children who are 10 to 12 years of age
have contact with law enforcement, law enforcement will complete a
form to refer the child to the local collaborative management program.
The local collaborative management program's individualized service and
support team is required to complete an initial plan for every child who
is referred, which may find that no services are needed, that one or more
specific services are needed and can be provided without an
individualized service and support team meeting, or that an individualized
service and support team meeting is required to develop a service and
support plan for the child and family. Victims have the right to be
informed and provide input to the plan.
The individualized service and support team is required to hold a
meeting and develop an individualized service and support plan for every
child who is 10 to 12 years of age who allegedly engaged in behavior that
would constitute a crime of violence or felony sex offense. The county
department of human or social services is required to attend the meeting
if the behavior would constitute a felony sex offense. The county
department of human or social services is required to make a
determination as to whether the department of human services will
provide prevention and intervention services or conduct a formal
assessment, investigate, provide services, or open a case.
The bill clarifies that victims of actions by children who are 10 to
12 years of age are still able to access existing victim services and
compensation. The bill provides that victims shall receive a free copy of
the form completed by law enforcement, which can be used to request
victim's compensation.
The bill provides that a minor child, or a parent or guardian
seeking relief on behalf of a minor child, shall not pay a fee to seek a
protection order. Courts that issue protection orders shall provide
1249
-2- assistance to individuals in completing judicial forms to obtain a
protection order. The bill changes the minimum age that a person can be
held in custody for contempt of court for failing to comply with a
protection order to a person who is 13 years of age. A child who is 10 to
12 years of age who fails to comply with a protection order may be court
ordered to participate in a collaborative management program.
The bill changes the minimum age of a county court's concurrent
original jurisdiction with the district court in criminal actions that
constitute misdemeanors or petty offenses to 13 years of age.
The bill changes the minimum age to be charged by a municipal
court for a municipal offense to 13 years of age.
Under current law, a juvenile court may transfer a child to district
court for adult criminal proceedings under certain conditions. The bill
eliminates the ability for the juvenile court to transfer children who are 12
or 13 years of age to the district court. For a child who is 14 years of age
or older, the bill changes the current authority of the juvenile court to
transfer the child's case for any delinquent act that constitutes any felony
to only any delinquent act that constitutes a class 1 or class 2 felony or a
crime of violence.
The bill extends certain sentencing protections that are currently
provided to children who are 10 or 11 years of age to children who are 13
or 14 years of age.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly
2
finds and declares that:3
(a) Providing developmentally appropriate services to young4
children to address the underlying causes of problematic behaviors5
prevents future youth misbehavior, thereby reducing recidivism in both6
adolescence and adulthood, which leads to safer communities;7
(b) Behavioral health programs, schools, child welfare services,8
and other community-based programs and services are better equipped9
than the juvenile justice system to identify and address the needs of young10
children and to provide developmentally appropriate services to improve11
community safety and reduce the risk that young children commit future12
crimes as adults;13
1249-3- (c) Ensuring that community-based programs outside of the1
juvenile justice system are funded to serve young children at risk of2
involvement with the juvenile justice system, or who are currently facing3
delinquency charges, reduces the negative impacts for young children and4
their communities;5
(d) Colorado has an existing system of local collaborative6
management programs that can be improved to ensure young children7
receive appropriate services outside of the juvenile justice system, which8
will improve outcomes for young children and make communities safer;9
(e) Serving young children through local collaborative10
management programs reduces future victimization. Young children in11
the juvenile justice system are at a higher risk of becoming victims of12
violence within the justice system.13
(f) A community-based alternative to serve young children is more14
equitable. Young children of color are more likely to be referred to the15
juvenile justice system and detained in juvenile justice facilities than16
White young children.17
(g) Additional data collection regarding how children are currently18
served inside and outside the juvenile justice system is necessary to19
ensure community-based programs outside the juvenile justice system20
continue to effectively serve children.21
(2) Therefore, the general assembly declares its intent to empower22
community-based responses in the health, education, and child welfare23
systems to serve children, including children who are under thirteen years24
of age, instead of the juvenile justice system.25
SECTION 2. In Colorado Revised Statutes, 19-2.5-1404, amend26
(3)(b)(IX) and (3)(b)(X); and add (3)(b)(XI), (3)(b)(XII), (3)(b)(XIII),27
1249
-4- (3)(b)(XIV), and (3)(d) as follows:1
19-2.5-1404. Working group for criteria for placement of2
juvenile offenders - establishment of formula - review of criteria -3
report. (3) (b) On or before July 1, 2023, and on or before July 1 each4
year thereafter, the department of human services shall submit a report to5
the working group, the judiciary committees of the senate and the house6
of representatives, or any successor committees, and the health and7
human services committee of the senate and the public and behavioral8
health and human services committee of the house of representatives, or9
any successor committees, including:10
(IX) An analysis of the number of alleged and adjudicated11
juvenile offenders who are served by county human services departments12
through their child welfare systems and the impact on those county13
departments; and14
(X) The recommendations of the working group made pursuant15
to subsection (3)(a)(III) of this section. THE NUMBER OF YOUTH, BY AGE16
AND BY JUDICIAL DISTRICT, WHO AT THE TIME THEY RECEIVED SERVICES17
FROM A COUNTY DEPARTMENT , INCLUDING, BUT NOT LIMITED TO ,18
SERVICES RECEIVED THROUGH PREVENTION SERVICES , AN ASSESSMENT, OR19
AN OPEN DEPENDENCY AND NEGLECT CASE , EITHER:20
(A) H
AD AN OPEN DELINQUENCY CASE IN A DISTRICT COURT ;
21
(B) W
ERE ON JUVENILE PROBATION; OR
22
(C) H
AD A JUVENILE DEFERRED SENTENCE ;
23
(XI) T
HE NUMBER OF YOUTH, BY AGE AND BY JUDICIAL DISTRICT,
24
WHO AT THE TIME THEY WERE PLACED IN OUT -OF-HOME PLACEMENT BY A25
COUNTY DEPARTMENT , EITHER:26
(A) H
AD AN OPEN DELINQUENCY CASE IN A DISTRICT COURT ;
27
1249
-5- (B) WERE ON JUVENILE PROBATION; OR1
(C) H
AD A JUVENILE DEFERRED SENTENCE ;
2
(XIII) T
HE AGE, RACE, GENDER, AND DISABILITY STATUS FOR THE
3
CHILDREN DESCRIBED IN SUBSECTIONS (3)(b)(X), (3)(b)(XI), AND4
(3)(b)(XII)
OF THIS SECTION; AND
5
(XIV) T
HE RECOMMENDATIONS OF THE WORKING GROUP MADE
6
PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION.7
(d) I
F THE DEPARTMENT IS UNABLE TO PROVIDE ANY OF THE DATA
8
REQUIRED IN THE ANNUAL REPORT PURSUANT TO SUBSECTION (3)(b) OF9
THIS SECTION, THE DEPARTMENT SHALL INCLUDE IN THE REPORT ITS PLAN10
TO COLLECT AND REPORT ON THE DATA THAT IS CURRENTLY UNAVAILABLE11
IN THE FOLLOWING YEAR. THE DEPARTMENT SHALL REPORT THE MISSING12
DATA THE FOLLOWING YEAR .13
SECTION 3. In Colorado Revised Statutes, 24-1.9-102, amend14
(2)(d) and (2)(f); and repeal (2)(i) as follows:15
24-1.9-102. Memorandum of understanding - local-level16
interagency oversight groups - individualized service and support17
teams - coordination of services for children and families -18
requirements - waiver. (2) (d) Creation of an oversight group. The19
memorandum of understanding shall MUST create a local-level20
interagency oversight group and identify the oversight group's21
membership requirements, procedures for selection of officers,22
procedures for resolving disputes by a majority vote of those members23
authorized to vote, and procedures for establishing any necessary24
subcommittees of the interagency oversight group. Each interagency25
oversight group shall MUST include a local representative of each party to26
the memorandum of understanding specified in paragraphs (a) and (a.5)27
1249
-6- of subsection (1) SUBSECTIONS (1)(a) AND (1)(a.5) of this section, each of1
whom shall be IS a voting member of the interagency oversight group. In2
addition, the interagency oversight group may include, but is not limited3
to, the following advisory nonvoting members:4
(I) Representatives of interested local private sector entities; and5
(II) Family members or caregivers of children who would benefit6
from integrated multi-agency services or current or previous consumers7
of integrated multi-agency services;
AND
8
(III) R
EPRESENTATIVES OR PRACTITIONERS FROM LOCAL ,
9
REGIONAL, OR STATEWIDE RESTORATIVE JUSTICE PROGRAMS .10
(f) Authorization to create individualized service and support11
teams. The memorandum of understanding shall MUST include12
authorization for the interagency oversight group to establish13
individualized service and support teams to develop a service and support14
plan and to provide services to children and families. who would benefit15
from integrated multi-agency services.16
(i) Performance-based measures. The department of human17
services and the persons specified in section 24-1.9-103 (2)(b) shall18
develop performance measures for the system of collaborative19
management, which measures may be modified biennially to ensure that20
the measures remain valid. The memorandum of understanding must21
identify performance measures developed pursuant to this paragraph (i).22
If the parties to the memorandum of understanding meet the identified23
performance measures, the memorandum of understanding must require24
the interagency oversight group to create a procedure, subject to the25
approval of the head or director of each agency or department specified26
in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any27
1249
-7- incentive moneys received by the department of human services and1
allocated pursuant to section 24-1.9-104 to be reinvested by the parties to2
the memorandum of understanding to provide appropriate services to3
children and families who would benefit from integrated multi-agency4
services, as such population is defined by the memorandum of5
understanding pursuant to paragraph (c) of this subsection (2). The parties6
to a memorandum of understanding shall report annually to the7
department of human services on the performance measures identified in8
the parties' memorandum of understanding pursuant to this paragraph (i).9
SECTION 4. In Colorado Revised Statutes, add 24-1.9-102.3 as10
follows:11
24-1.9-102.3. Duties of individualized service and support12
teams. (1) A
LOCAL COLLABORATIVE MANAGEMENT PROGRAM , AS
13
DESCRIBED IN SECTION 24-1.9-102, MUST CREATE ONE OR MORE14
INDIVIDUALIZED SERVICE AND SUPPORT TEAMS . AN INDIVIDUALIZED15
SERVICE AND SUPPORT TEAM MAY REFER A CHILD TO SERVICES AND MAY16
ESTABLISH A SERVICE AND SUPPORT PLAN FOR A CHILD AFTER MEETING17
WITH THE CHILD, THE CHILD'S FAMILY, AND ANY OTHER RELEVANT PARTY18
OR COMMUNITY PARTNERS .19
(2) T
HE INFORMATION FORM FOR CHILDREN CREATED IN SECTION
20
24-1.9-102.7,
OR ANY OTHER FORM CREATED BY THE LOCAL
21
COLLABORATIVE MANAGEMENT PROGRAM , MAY BE USED BY MULTIPLE22
AGENCIES TO REFER A CHILD TO A LOCAL COLLABORATIVE MANAGEMENT23
PROGRAM IN ACCORDANCE WITH THE LOCAL COLLABORATIVE24
MANAGEMENT PROGRAM 'S MEMORANDUM OF UNDERSTANDING . SUCH25
AGENCIES INCLUDE, BUT ARE NOT LIMITED TO:26
(a) L
AW ENFORCEMENT;
27
1249
-8- (b) A DISTRICT ATTORNEY;1
(c) A
SCHOOL;
2
(d) A
FAMILY RESOURCE CENTER;
3
(e) A
CHILD ADVOCACY CENTER; AND
4
(f) A
COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES .
5
(3) O
NLY THE FOLLOWING PERSONS OR AGENCIES HAVE ACCESS TO
6
RECORDS CREATED BY AN INDIVIDUALIZED SERVICE AND SUPPORT TEAM ,7
INCLUDING SERVICE AND SUPPORT PLANS :8
(a) T
HE COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES
9
WHEN INVESTIGATING A REPORT OF A KNOWN OR SUSPECTED INCIDENT OF10
CHILD ABUSE OR NEGLECT OR PROVIDING SERVICES FOR A CHILD OR11
FAMILY WHO IS THE SUBJECT OF THE REPORT ;12
(b) A
N AGENCY WITH LEGAL RESPONSIBILITY OR AUTHORIZATION
13
TO CARE FOR, TREAT, OR SUPERVISE A CHILD WHO IS THE SUBJECT OF THE14
RECORD;15
(c) A
PARENT, LEGAL GUARDIAN OR CUSTODIAN, OR OTHER PERSON
16
RESPONSIBLE FOR THE HEALTH OR WELFARE OF A CHILD NAMED IN A17
RECORD, OR THE ASSIGNED DESIGNEE OF ANY SUCH PERSON ACTING BY18
AND THROUGH A VALIDLY EXECUTED POWER OF ATTORNEY ;19
(d) T
HE CHILD NAMED IN THE RECORD AND THE CHILD 'S GUARDIAN
20
AD LITEM OR COUNSEL FOR YOUTH ;21
(e) (I) A
SERVICE PROVIDER WHO IS AND CONTINUES TO BE
22
OFFICIALLY AND PROFESSIONALLY INVOLVED IN THE CARE OF THE CHILD23
WHO IS THE SUBJECT OF THE RECORD , BUT ONLY WITH REGARD TO24
INFORMATION THAT THE SERVICE PROVIDER HAS A NEED TO KNOW IN25
ORDER TO FULFILL THE SERVICE PROVIDER'S PROFESSIONAL, OFFICIAL, AND26
ONGOING ROLE, INCLUDING:27
1249
-9- (A) HOSPITAL PERSONNEL ENGAGED IN THE ADMISSION , CARE, OR1
TREATMENT OF THE CHILD;2
(B) M
ENTAL HEALTH PROFESSIONALS ;
3
(C) P
HYSICIANS OR SURGEONS , INCLUDING PHYSICIANS IN
4
TRAINING;5
(D) R
EGISTERED NURSES OR LICENSED PRACTICAL NURSES ;
6
(E) D
ENTISTS;
7
(F) P
SYCHOLOGISTS LICENSED PURSUANT TO PART 3 OF ARTICLE
8
245
OF TITLE 12;
9
(G) U
NLICENSED PSYCHOTHERAPISTS ;
10
(H) P
ROFESSIONAL COUNSELORS LICENSED PURSUANT TO PART 6
11
OF ARTICLE 245 OF TITLE 12;12
(I) M
ARRIAGE AND FAMILY THERAPISTS LICENSED PURSUANT TO
13
PART 5 OF ARTICLE 245 OF TITLE 12;14
(J) P
UBLIC OR PRIVATE SCHOOL OFFICIALS OR EMPLOYEES ;
15
(K) S
OCIAL WORKERS LICENSED PURSUANT TO PART 4 OF ARTICLE
16
245
OF TITLE 12 OR INDIVIDUALS EMPLOYED BY AN AGENCY THAT IS
17
LICENSED OR CERTIFIED PURSUANT TO PART 9 OF ARTICLE 6 OF TITLE 26 OR18
PART 3 OF ARTICLE 5 OF TITLE 26.5;19
(L) V
ICTIM'S ADVOCATES, AS DEFINED IN SECTION 13-90-107
20
(1)(k)(II);21
(M) C
LERGY MEMBERS, AS DEFINED IN SECTION 19-3-304
22
(2)(aa)(III);
OR
23
(N) E
DUCATORS PROVIDING SERVICES THROUGH THE FEDERAL
24
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN , INFANTS, AND25
CHILDREN, AS PROVIDED FOR IN 42 U.S.C. SEC. 1786.26
(II) I
NFORMATION DISCLOSED TO A SERVICE PROVIDER PURSUANT
27
1249
-10- TO THIS SUBSECTION (3)(e) IS CONFIDENTIAL AND SHALL NOT BE1
DISCLOSED BY THE SERVICE PROVIDER TO ANY OTHER PERSON , EXCEPT AS2
PROVIDED BY LAW.3
(4) I
NFORMATION DISCLOSED PURSUANT TO SUBSECTION (3) OF
4
THIS SECTION MUST NOT INCLUDE THE CONTACT INFORMATION OF A5
VICTIM, OR ANY IDENTIFYING INFORMATION OF A VICTIM , UNLESS THE6
VICTIM CONSENTS TO SHARING INFORMATION .7
(5) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
8
CONTRARY, A CHILD'S RECORDS, STATEMENTS, OR HISTORY WITH THE9
LOCAL COLLABORATIVE MANAGEMENT PROGRAM ARE NOT , WITHOUT THE10
CHILD'S CONSENT, ADMISSIBLE AS EVIDENCE IN ANY ADJUDICATORY OR11
CRIMINAL HEARING IN WHICH THE CHILD IS ACCUSED AND ARE NOT12
SUBJECT TO SUBPOENA IN ANY ADJUDICATORY OR CRIMINAL HEARING IN13
WHICH THE JUVENILE IS ACCUSED . THIS SUBSECTION (5) DOES NOT14
SUPERCEDE ANY OBLIGATIONS AND DUTIES OF ANY MANDATORY15
REPORTER PURSUANT TO SECTION 19-3-304. 16
SECTION 5. In Colorado Revised Statutes, amend 24-1.9-102.517
as follows:18
24-1.9-102.5. Evaluation. The department of human services19
shall ensure that an annual external evaluation of the statewide program20
and each county or regional program is conducted by an independent21
outside entity. The department may contract with the outside entity to22
conduct an external evaluation of those counties that opted not to23
participate in the collaborative management program. The department of24
human services shall utilize moneys MONEY in the performance-based25
collaborative management incentive cash fund created in section26
24-1.9-104, or any general fund moneys MONEY appropriated for this27
1249
-11- purpose, for annual external evaluations of the counties participating in1
memorandums of understanding pursuant to section 24-1.9-102, also2
known as the
LOCAL collaborative management program, as well as
3
external evaluations as determined by the department of human services4
of those counties that opted to not participate in the collaborative5
management program. The annual external evaluation must include any6
evaluation that may be required in connection with a waiver authorized7
pursuant to section 24-1.9-102 (4). and an evaluation of whether the8
parties to a collaborative management program have successfully met or9
exceeded the performance measures identified in the parties'10
memorandum of understanding pursuant to section 24-1.9-102. (2)(i).11
Each county participating in the
LOCAL collaborative management
12
program shall participate fully in the annual external evaluation.13
SECTION 6. In Colorado Revised Statutes, amend 24-1.9-102.714
as follows:15
24-1.9-102.7. Technical assistance. (1) The department of16
human services shall develop and implement training for counties17
participating in or interested in participating in the LOCAL collaborative18
management program. The department of human services shall utilize19
moneys MONEY in the performance-based collaborative management20
incentive cash fund created in section 24-1.9-104, or any general fund21
moneys MONEY appropriated for this purpose, to develop and implement22
training for counties. The training shall MUST identify management23
strategies to collaborate effectively and efficiently to share resources or24
to manage and integrate the treatment and services provided to children25
and families receiving collaborative management services pursuant to this26
article ARTICLE 1.9, AND STRATEGIES TO ADDRESS THE NEEDS OF27
1249
-12- CHILDREN WHO WOULD BENEFIT FROM INTEGRATED MULTI -AGENCY1
SERVICES, INCLUDING CHILDREN WHO HAVE HAD CONTACT WITH LAW2
ENFORCEMENT OR ARE AT RISK OF INVOLVEMENT WITH THE JUVENILE3
JUSTICE SYSTEM. IN DEVELOPING SERVICES TO SUPPORT VICTIMS , THE4
DEPARTMENT OF HUMAN SERVICES SHALL CONSULT WITH THE5
DEPARTMENT OF PUBLIC SAFETY AND THE DISTRICT ATTORNEYS . IN6
DEVELOPING THE TRAINING AND STRATEGIES TO INTEGRATE TREATMENT7
AND SERVICES FOR CHILDREN WHO HAVE ENGAGED IN BEHAVIOR IN WHICH8
THE UNDERLYING FACTUAL BASIS INVOLVES UNLAWFUL SEXUAL9
BEHAVIOR, THE DEPARTMENT OF HUMAN SERVICES SHALL CONSULT WITH10
THE SEX OFFENDER MANAGEMENT BOARD CREATED PURSUANT TO SECTION11
16-11.7-103.
IN DEVELOPING THE TRAINING AND OVERSIGHT , THE
12
DEPARTMENT OF HUMAN SERVICES SHALL CONSIDER THE REPORT FROM13
THE PRE-ADOLESCENT SERVICES TASK FORCE CREATED IN SECTION14
19-3-304.4.15
(2) O
N OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT OF
16
HUMAN SERVICES SHALL CREATE A MODEL INFORMATION FORM FOR17
CHILDREN FOR A PARTY TO USE TO REFER A CHILD TO A LOCAL18
COLLABORATIVE MANAGEMENT PROGRAM FOR ASSESSMENT AND19
SERVICES.20
SECTION 7. In Colorado Revised Statutes, 24-1.9-103, amend21
(1)(a), (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI); and add (1)(b.5),22
(1)(b.7), (1)(b.8), and (1)(b.9) as follows:23
24-1.9-103. Reports - executive director review.24
(1) Commencing January 1, 2007, and on or before each January 125
thereafter, each interagency oversight group shall provide a report to the26
executive director of each department and agency that is a party to any27
1249
-13- memorandum of understanding entered into that includes:1
(a) The number of children and families served through the2
local-level individualized service and support teams and A DESCRIPTION3
OF THE RECOMMENDED SERVICES ; the outcomes of the services provided,4
including
THE NUMBER, AGE, RACE, GENDER, AND, IF KNOWN, THE
5
DISABILITY STATUS OF THE CHILDREN SERVED ; A DESCRIPTION OF THE6
OUTCOMES FOR CHILDREN SERVED ; AND a description of any reduction in7
duplication or fragmentation of services provided and a description of any8
significant improvement in outcomes for children and families;9
(b.5) T
HE NUMBER OF CHILDREN AND FAMILIES WHO WERE
10
REFERRED TO A LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND DID11
NOT RECEIVE RECOMMENDED SERVICES , INCLUDING A DESCRIPTION OF THE12
SERVICES THAT WERE RECOMMENDED BUT NOT PROVIDED ; A DESCRIPTION13
OF THE BARRIERS TO PROVIDING SUCH SERVICES ; AND THE AGE, RACE,14
GENDER, AND, IF KNOWN, THE DISABILITY STATUS OF THE CHILDREN;15
(b.7) T
HE NUMBER OF CHILDREN, BY AGE, SERVED BY A LOCAL
16
COLLABORATIVE MANAGEMENT PROGRAM , WHO WERE REFERRED BY THE17
JUVENILE JUSTICE SYSTEM;18
(b.8) T
HE NUMBER OF CHILDREN, BY AGE, WHO WERE SERVED BY
19
A LOCAL COLLABORATIVE MANAGEMENT PROGRAM , WHO WERE REFERRED20
BY A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES , INCLUDING21
REFERRALS THROUGH A DEPENDENCY AND NEGLECT CASE ;22
(b.9) T
HE NUMBER OF CHILDREN, BY AGE, WHO WERE SERVED BY
23
A LOCAL COLLABORATIVE MANAGEMENT PROGRAM AND WHO IDENTIFIED24
THEMSELVES TO THE LOCAL COLLABORATIVE MANAGEMENT PROGRAM AS : 25
(I) A
NAMED VICTIM IN A CRIMINAL PROTECTION ORDER PURSUANT
26
TO SECTION 18-1-1001 OR IN A JUVENILE DELINQUENCY OR CRIMINAL27
1249
-14- CASE;1
(II) A
RECIPIENT OF VICTIM COMPENSATION PURSUANT TO PART 4.1
2
OF THIS TITLE 24; OR3
(III) A
PROTECTED PARTY IN A PROTECTION ORDER PURSUANT TO
4
PART 14 OF TITLE 13, SECTION 19-2-707 AS IT EXISTED PRIOR TO ITS5
REPEAL IN 2021, OR SECTION 18-1-1001;6
(c) An accounting of moneys MONEY that were WAS reinvested in7
additional services provided to children or families who would benefit8
from integrated multi-agency services due to cost-savings that may have9
resulted; or due to meeting or exceeding performance measures identified10
in the memorandum of understanding pursuant to section 24-1.9-10211
(2)(i);12
(2) (b) The following persons or their designees shall attend the13
annual meeting required pursuant to subsection (2)(a) of this section:14
(II) A superintendent of a school district that has entered into a15
memorandum of understanding, and has met or exceeded the performance16
measures identified in the memorandum of understanding pursuant to17
section 24-1.9-102 (2)(i), as such superintendent is selected by the18
commissioner of education;19
(III) A director of a county department of human or social services20
that has entered into a memorandum of understanding, and has met or21
exceeded the performance measures identified in the memorandum of22
understanding pursuant to section 24-1.9-102 (2)(i), as such director is23
selected by the executive director of the state department of human24
services;25
(VI) A director of a local mental health center that has entered26
into a memorandum of understanding, and has met or exceeded the27
1249
-15- performance measures identified in the memorandum of understanding1
pursuant to section 24-1.9-102 (2)(i), as such director is selected by the2
executive director of the department of human services;3
SECTION 8. In Colorado Revised Statutes, amend 24-1.9-1044
as follows:5
24-1.9-104. Cash fund - creation - grants, gifts, and donations.6
(1) On July 1, 2005, there shall be IS created in the state treasury the7
performance-based collaborative management incentive cash fund, which8
shall be IS referred to in this section as the "fund". The moneys MONEY in9
the fund shall be IS subject to annual appropriation by the general10
assembly to the department of human services for state fiscal year11
2005-06 and each fiscal year thereafter. The fund shall consist CONSISTS12
of moneys MONEY received from docket fees in civil actions and13
transferred as specified in section 13-32-101. (5)(a)(II), C.R.S.14
(1.5) O
N JULY 1, 2023, AND ANNUALLY THEREAFTER , THE
15
GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE FUND TO SERVE16
CHILDREN WHO WOULD BENEFIT FROM INTEGRATED MULTI -AGENCY17
SERVICES, INCLUDING CHILDREN WHO HAVE HAD CONTACT WITH LAW18
ENFORCEMENT OR WHO ARE AT RISK OF INVOLVEMENT WITH THE JUVENILE19
JUSTICE SYSTEM.20
(2) The executive director of the department of human services is21
authorized to accept and expend on behalf of the state any grants, gifts,22
or donations from any private or public source for the purposes of this23
section. All private and public funds received through grants, gifts, or24
donations shall MUST be transmitted to the state treasurer, who shall credit25
the same to the fund in addition to moneys MONEY credited pursuant to26
subsection (1) of this section and any moneys MONEY that may be27
1249
-16- appropriated to the fund directly by the general assembly. All investment1
earnings derived from the deposit and investment of moneys MONEY in2
the fund shall remain REMAINS in the fund and shall not be transferred3
DOES NOT TRANSFER or revert to the general fund of the state or any other4
fund at the end of any fiscal year.5
(2.5) Notwithstanding any provision of this section to the6
contrary, on June 1, 2009, the state treasurer shall deduct three hundred7
thousand dollars from the fund and transfer such sum to the general fund.8
(3) (a) On and after July 1, 2005, the executive director of the9
department of human services shall allocate the moneys MONEY in the10
fund, and any general fund moneys MONEY appropriated for this purpose,11
to provide incentives to parties to a memorandum of understanding who12
have agreed to performance-based collaborative management pursuant to13
section 24-1.9-102. (2)(i) and who, based upon the annual report to the14
department of human services pursuant to section 24-1.9-102 (2)(i), have15
successfully met or exceeded the performance measures identified in the16
parties' memorandum of understanding pursuant to section 24-1.9-10217
(2)(i). The incentives shall be used to provide services to children and18
families who would benefit from integrated multi-agency services, as19
such population is defined by the memorandum of understanding pursuant20
to section 24-1.9-102 (2)(c). THE EXECUTIVE DIRECTOR OF THE21
DEPARTMENT OF HUMAN SERVICES SHALL :22
(I)
BEGINNING JULY 1, 2023, DISTRIBUTE ADDITIONAL FUNDS
23
APPROPRIATED FOR THE 2023-24 STATE FISCAL YEAR TO THE FUND TO24
EXISTING COLLABORATIVE MANAGEMENT PROGRAMS PURSUANT TO THE25
FUNDING FORMULA IN PLACE ON JUNE 30, 2023;26
(II) B
EGINNING JULY 1, 2024, PROVIDE AN ANNUAL SUM TO EACH
27
1249
-17- LOCAL COLLABORATIVE MANAGEMENT PROGRAM TO PROVIDE SERVICES1
TO CHILDREN WHO WOULD BENEFIT FROM INTEGRATED MULTI -AGENCY2
SERVICES, INCLUDING CHILDREN WHO HAVE HAD CONTACT WITH LAW3
ENFORCEMENT OR WHO ARE AT RISK OF INVOLVEMENT WITH THE JUVENILE4
JUSTICE SYSTEM. FOR THE 2024-25 STATE FISCAL YEAR AND EACH STATE5
FISCAL YEAR THEREAFTER, THE AMOUNT OF THE SUM PROVIDED TO EACH6
LOCAL COLLABORATIVE MANAGEMENT PROGRAM MUST BE DETERMINED7
THROUGH A FUNDING FORMULA THAT CONSIDERS :8
(A) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;
9
(B) T
HE NEED FOR A BASE OF RESOURCES TO DIRECT A CHILD AND
10
THE CHILD'S FAMILY MEMBERS TO APPROPRIATE SERVICES ; AND11
(C) T
HE NUMBER OF CHILDREN IN THE POPULATION TO BE SERVED ,
12
AS DEFINED BY THE MEMORANDUM OF UNDERSTANDING PURSUANT TO13
SECTION 24-1.9-102, IN EACH COUNTY OR REGION.14
(a.5) On and after July 1, 2008, the executive director of the15
department of human services is authorized to allocate moneys MONEY in16
the fund, and any general fund moneys MONEY appropriated for this17
purpose, to be used to cover the direct and indirect costs of the external18
evaluation of the performance-based collaborative management program19
described in section 24-1.9-102 and the technical assistance and training20
for counties as described in section 24-1.9-102.7.21
(b) For purposes of allocating incentive moneys MONEY pursuant22
to this subsection (3), the executive director of the department of human23
services shall submit an accounting of moneys MONEY in the fund,24
available for incentives, and any general fund moneys MONEY25
appropriated for this purpose, and a proposal for the allocation of26
incentive moneys MONEY to the state board of human services for review27
1249
-18- and approval prior to the allocation of the moneys MONEY. The state1
board of human services shall approve the proposal not later than thirty2
days after receipt of the proposal from the executive director of the3
department of human services.4
SECTION 9. In Colorado Revised Statutes, add 24-1.9-105 as5
follows:6
24-1.9-105. Funding for future local collaborative7
management programs. (1) F
OR STATE FISCAL YEAR 2023-24, THE
8
GENERAL ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS FROM9
THE GENERAL FUND TO THE DEPARTMENT OF HUMAN SERVICES TO BE USED10
TO ASSIST INTERESTED COUNTIES THAT DO NOT ALREADY OPERATE A11
LOCAL COLLABORATIVE MANAGEMENT PROGRAM WITH ESTABLISHING A12
LOCAL COLLABORATIVE MANAGEMENT PROGRAM OR JOINING AN EXISTING13
LOCAL COLLABORATIVE MANAGEMENT PROGRAM . THE DEPARTMENT OF14
HUMAN SERVICES SHALL DETERMINE THE AMOUNT THAT IS DISTRIBUTED15
TO A COUNTY FOR THIS PURPOSE.16
(2) A
LL UNEXPENDED OR UNENCUMBERED MONEY THAT REMAINS
17
AT THE END OF STATE FISCAL YEAR 2023-24 SHALL REVERT TO THE18
COLLABORATIVE MANAGEMENT CASH FUND CREATED IN SECTION19
24-1.9-104.20
SECTION 10. In Colorado Revised Statutes, 27-50-403, amend21
(2)(f) as follows:22
27-50-403. Behavioral health administrative services23
organizations - contract requirements - individual access - care24
coordination. (2) A behavioral health administrative services25
organization shall:26
(f) Require collaboration with all local law enforcement and27
1249
-19- county agencies in the service area, including county departments of1
human or social services
AND LOCAL COLLABORATIVE MANAGEMENT
2
PROGRAMS WITHIN THE SERVICE AREA ;3
SECTION 11. In Colorado Revised Statutes, 27-50-404, amend4
(3) as follows:5
27-50-404. Care coordination - responsibilities of behavioral6
health administrative services organizations - coordination with7
managed care entities. (3) A behavioral health administrative services8
organization shall ensure care coordination services through its network9
and include local partners, when appropriate, such as counties and school10
districts COUNTIES, SCHOOL DISTRICTS, AND LOCAL COLLABORATIVE11
MANAGEMENT PROGRAMS .12
SECTION 12. In Colorado Revised Statutes, add 20-1-115 as13
follows: 14
20-1-115. Reporting of children in diversion programs. (1) O
N
15
OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER, THE DISTRICT16
ATTORNEY OF EACH JUDICIAL DISTRICT SHALL SUBMIT A REPORT , EITHER17
INDIVIDUALLY OR THROUGH THE COLORADO DISTRICT ATTORNEYS '18
COUNCIL, TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMI TTEE AND19
THE SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,20
THAT INCLUDES THE FOLLOWING FROM THE PREVIOUS TWELVE MONTHS IN21
THE JUDICIAL DISTRICT:22
(a) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
23
UNDER THIRTEEN YEARS OF AGE WHO WERE OFFERED AN OPPORTUNITY TO24
PARTICIPATE IN A DIVERSION PROGRAM BUT DECLINED TO PARTICIPATE ;25
(b) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
26
UNDER THIRTEEN YEARS OF AGE WHO PARTICIPATED IN A DIVERSION27
1249
-20- PROGRAM;1
(c)
THE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
2
UNDER THIRTEEN YEARS OF AGE WHO WERE CHARGED WITH AN OFFENSE3
IN A JUVENILE PROCEEDING AS A CONSEQUENCE OF FAILING TO4
SUCCESSFULLY COMPLETE A DIVERSION PROGRAM ; AND5
(d) T
HE NUMBER OF CHILDREN TEN YEARS OF AGE OR OLDER BUT
6
UNDER THIRTEEN YEARS OF AGE WHO ENTER INTO A DIVERSION PROGRAM7
AND, AT THE TIME OF ENTRY INTO THE DIVERSION PROGRAM OR DURING8
PARTICIPATION IN THE DIVERSION PROGRAM , ARE KNOWN TO THE9
DIVERSION PROGRAM OR DISTRICT ATTORNEY 'S OFFICE TO RECEIVE10
SERVICES FROM A COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ,11
INCLUDING SERVICES PROVIDED THROUGH PREVENTION PROGRAMS ,12
ASSESSMENT, A DEPARTMENT OF HUMAN SERVICES CASE WITHOUT COURT13
INVOLVEMENT, OR A DEPENDENCY AND NEGLECT CASE ;14
SECTION 13. Appropriation. (1) For the 2023-24 state fiscal15
year, $2,257,411 is appropriated to the department of human services for16
use by the division of child welfare. This appropriation is from the17
general fund. To implement this act, the division may use the18
appropriation as follows:19
(a) $257,411 for collaborative management program20
administration and evaluation, which amount is based on an assumption21
that the division will require an additional 1.0 FTE; and22
(b) $2,000,000 to be distributed pursuant to section 24-1.9-105,23
C.R.S.24
(2) For the 2023-24 state fiscal year, $1,165,039 is appropriated25
to the collaborative management cash fund created in section 24-1.9-10426
(1), C.R.S. This appropriation is from the general fund. The department27
1249
-21- of human services is responsible for the accounting related to this1
appropriation.2
(3) For the 2023-24 state fiscal year, $1,165,039 is appropriated3
to the department of human services for use by the division of child4
welfare for distribution to existing collaborative management programs5
pursuant to section 24-1.9-104, C.R.S. This appropriation is from6
reappropriated funds in the collaborative management cash fund under7
subsection (2) of this section.8
SECTION 14. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2024 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
1249
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