Page 1
February 9, 2023 SB 23-039
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0252
Sen. Buckner
Rep. Amabile
Date:
Bill Status:
Fiscal Analyst:
February 9, 2023
Senate Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: REDUCE CHILD & INCARCERATED PARENT SEPARATION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill makes several changes to the dependency and neglect process for parents
who are incarcerated in a state prison or local jail. Starting in FY 2023-24, the bill
increases state and local expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $60,747 to multiple state
agencies.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 23-039
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures General Fund $56,266 $101,285
Federal Funds $4,481 $2,808
Centrally Appropriated $8,675 $21,918
Total Expenditures $69,422 $126,011
Total FTE 0.5 FTE 1.3 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $8,440 $15,193
Page 2
February 9, 2023 SB 23-039
Summary of Legislation
The bill makes several changes to the dependency and neglect process for parents who are
incarcerated in a state or local facility, as described below.
Rights for parents who are incarcerated and going through dependency and neglect. The bill
establishes several requirements for parents who are incarcerated during dependency and neglect
hearings, including having an attorney be appointed and having the right to attend and fully
participate in all proceedings either in person or virtually. The bill requires the Colorado Department
of Human Services (CDHS) to makes rules to facilitate communication and family time between
children and parents who are incarcerated.
Dispositional hearings and treatment plans. Prior to the dispositional hearing, a case worker must
submit a report detailing services and treatment available to an incarcerated parent, as well as
opportunities for family time at the facility in which the parent is incarcerated. The county department
must also make reasonable efforts to involve the parent in planning services, if the report finds the
child is eligible for services. The bill also outlines what needs to be included in a treatment plan for
an incarcerated parent, and how to amend the plan if the parent becomes incarcerated after the
dispositional hearing.
Permanent placements. If an incarcerated parent has maintained a meaningful and safe relationship
with the child, the court must consider permanent placement that permits the parent to maintain a
relationship with the child, including transferring the parent to another facility. The bill specifies what
the court must consider when deciding if the parent has a meaningful and safe relationship.
Termination of parental relationship. The bill makes several changes to when an incarcerated parent
can have their parental relationship terminated. First, the bill removes the provision that the court
may terminate the parent-child relationship because an appropriate treatment plan cannot be devised
due to the long term confinement of the parent. If the reason for adjudication is because a parent has
not reasonably complied with a treatment plan, the bill requires the court to also consider the
limitations caused by incarceration. Finally, the bill allows a county department of human services to
not file a motion to terminate the parent-child legal relationship if it can show that a parent who is
incarcerated has a meaningful and safe relationship with the child while incarcerated, detained, or
deported.
Criminal justice requirements. During a criminal trial, the bill requires a presentence report and the
mittimus to include whether the person is a respondent to a dependency and neglect proceeding.
Finally, the bill requires the Department of Corrections (DOC) to: inform the court if the department
cannot facilitate a parent’s transportation to a dependency and neglect hearing, requiring the parent
to attend virtually; consider placing a person in a facility that facilitates opportunities for family time
and notify the county of the location of that facility; develop opportunities to facilitate continued
family relationships designed to mitigate trauma; designate an employee to serve as a family service
coordinator; submit a report about incarcerated parents; and develop policies for communication and
family time between the parent and child conducted both in-person and virtually.
Page 3
February 9, 2023 SB 23-039
Assumptions
The fiscal note assumes that 35 parents within the DOC will participate in remote dependency and
neglect hearings, based on the following assumptions:
of the 2,762 dependency and neglect cases filed per year, 25 percent of them will include parents
who are incarcerated (691 parents);
of those 691 parents who are incarcerated, 25 percent of them currently do not participate in a
hearing and could under the bill (173 parents);
of those 173 parents, 40 percent of them are incarcerated in the DOC; and
of those 69 parents within the DOC, half of them will choose not to participate in a dependency
and neglect hearing.
State Expenditures
The bill increases state General Fund expenditures by $69,422 in FY 2023-24 and $126,011 in FY 2024-25
in the Judicial Department, CDHS, and the DOC as shown in Table 2 and detailed below.
Table 2
Expenditures Under SB 23-039
FY 2023-24 FY 2024-25
Judicial Department
Personal Services $7,425 $17,821
Centrally Appropriated Costs
1
$1,798 $4,973
FTE – Personal Services 0.1 FTE 0.3 FTE
Judicial Subtotal $9,223 $22,794
Department of Human Services
Facilitator $10,800 $21,600
Computer Programming $8,792 -
DHS Subtotal $19,592 $21,600
Department of Corrections
Personal Services $26,385 $63,322
Operating Expenses $675 $1,350
Capital Outlay Costs $6,670 -
Centrally Appropriated Costs
1
$6,877 $16,945
FTE – Personal Services 0.4 FTE 1.0 FTE
DOC Subtotal $40,607 $81,617
Total $69,422 $126,011
Total FTE 0.5 FTE 1.3 FTE
1
Centrally appropriated costs are not included in the bill's appropriation. Page 4
February 9, 2023 SB 23-039
Judicial Department. Starting in FY 2023-24, the Judicial Department requires 0.3 FTE to
communicate with county departments of human services, the DOC, and counsel to collect treatment
plans, report on parent’s compliance, report on whether there is a safe and meaningful relationship,
and report on opportunities for family time. The fiscal note assumes this work will take 15 minutes
per hearing. Staffing costs are shown in Table 2 and assume a January 1, 2024, start date.
Independent judicial agencies. Starting in FY 2023-24, expenditures in the Office of Respondent
Parents’ Counsel (ORPC) and the Office of the Child’s Representative (OCR) will increase to the extent
there are more or longer dependency and neglect hearings. In addition, if additional incarcerated
parents are appointed an attorney from the ORPC, expenditures in the ORPC will increase. For
informational purposes, the ORPC and OCR contract with attorneys at a rate of $85 per hour. The
fiscal note assumes that this caseload increase can be accomplished within existing appropriations
Department of Human Services. Expenditures in the DHS will increase by about $20,000 in
FY 2023-24 and $22,000 in FY 2024-25 to hire a facilitator and to update “TRAILS,” its child welfare
data system, as described below.
Facilitator. From FY 2023-24 through FY 2025-26, expenditures in the DHS will increase to
contract with a facilitator to help promulgate rules around family visits in incarcerated settings.
The fiscal note assumes rulemaking will involve larger stakeholder groups including
representatives from state and private correctional facilities, local jails, and county social workers.
The fiscal note assumes a cost of $200 per month, 9 hours each month, for 24 months. Roughly
13 percent of this cost will be paid with federal funds.
TRAILS upgrades. In FY 2023-24 through FY 2024-25, expenditures in the DHS will increase to
add an indicator to TRAILS that shows if a parent is incarcerated. This indicator will generate a
reminder to the caseworkers that a new treatment plan is required. TRAILS modifications are
estimated at 56 hours at $157 per hour with 65 percent coming from General Fund and 35 percent
coming from federal funds.
Department of Corrections. Starting in FY 2023-24, the DOC will require 1.0 FTE to serve as a family
coordinator, as required by the bill. Costs associated with the family coordinator include personal
services, operating expenses, and capital outlay costs. First-year costs are prorated for a January 1,
2024, start date and the General Fund pay date shift.
In addition to the FTE, workload in the DOC will increase to manage an increase in dependency and
neglect hearing participation. Since the fiscal note estimates the bill will impact approximately
35 inmates, it assumes this workload can be accomplished within existing resources. Hearing
participation is expected to take place remotely through virtual meetings hosted by the Judicial
Department. For informational purposes, the DOC is not expected to have funding for its virtual
meeting licenses for which federal funding lapses on June 30, 2023. If virtual options are not available
or not supported, the DOC will have additional costs to transport parents to court hearings. Finally,
DOC’s existing visitation facilities are assumed to be suitable for family time.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2. Page 5
February 9, 2023 SB 23-039
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
Local Government
Starting in FY 2023-24, expenditures in county departments of human services and county jails will
increase as described below.
County caseworker impact. Expenditures in county departments of human services will increase for
county caseworkers to submit a report detailing services and treatment available in the facility and
opportunities for family time, to make reasonable efforts to involve parent in planning services, to
include additional information in the treatment plan, to coordinate additional family time for parents
incarcerated, and to accommodate and transport any children to a facility for in-person family time.
For informational purposes, according to a caseworker workload study, currently it is estimated that
having a parent incarcerated adds from 70 minutes to 160 minutes of case work per month depending
on the county.
Local jails. The bill will increase expenditures in county jails to make any necessary modifications to
allow for family visits, and to transport any parents (both incarcerated in jail or the DOC) to court
hearings.
Effective Date
The bill takes effect January 1, 2024.
State Appropriations
For FY 2023-24, the bill requires a total appropriation of $60,747 including:
$7,425 from the General Fund to the Judicial Department and 0.1 FTE;
$19,592 to the Department of Human Services, of which $15,111 is from the General Fund and
$4,481 is from federal funds; and
$33,730 from the General Fund to the Department of Corrections and 0.4 FTE.
State and Local Government Contacts
Corrections Counties Human Services
Information Technology Judicial Law
Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.