Amendments for SB20-162

Senate Journal, March 12
After consideration on the merits, the Committee recommends that SB20-162 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 5, strike "foster care" and substitute
"foster care".

Page 3, line 22, strike "PLAN AND APPLIES" and substitute "PLAN.".

Page 3, strike lines 23 through 27 and substitute ""QUALIFIED".

Page 4, line 6, strike "NEEDS." and substitute "NEEDS ACCORDING TO THE
FEDERAL TITLE IV-E STATE PLAN. THE STATE DEPARTMENT MAY SEEK A
WAIVER FOR THESE REQUIREMENTS IN ACCORDANCE WITH 42 U.S.C.
SECTION 675a.".

Page 4, line 8, before "as" insert "and (4)(h)".

Page 4, line 15, strike "INITIAL" and substitute "NEW".

Page 4, line 17, strike "PLACEMENT IF" and substitute "RECOMMENDATION
THAT".

Page 4, line 20, after "COURT" insert "OR THE ADMINISTRATIVE REVIEW
DIVISION OF THE STATE DEPARTMENT WHEN A JUVENILE HAS BEEN
COMMITTED TO THE DIVISION OF YOUTH SERVICES".

Page 6, strike lines 9 and 10 and substitute "LATTER. THE COURT SHALL
REVIEW THE EVIDENCE".

Page 6, line 15, after the period add "IF THE PARTIES CONSENT TO A
REVIEW BY THE ADMINISTRATIVE REVIEW DIVISION, ALL COUNSEL OF
RECORD MUST BE NOTIFIED AND MAY APPEAR AT THE REVIEW. THE
ADMINISTRATIVE REVIEW DIVISION SHALL REVIEW THE EVIDENCE
SUBMITTED PURSUANT TO SUBSECTION (4)(f) OF THIS SECTION AT LEAST
EVERY NINETY DAYS DURING THE DURATION OF THE PLACEMENT OF THE
CHILD, JUVENILE, OR YOUTH IN THE QUALIFIED RESIDENTIAL TREATMENT
PROGRAM.
(h) IN MAKING A DECISION AS TO PROPER PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM, THE COURT SHALL
CONSIDER THE ASSESSMENT PROVIDED BY THE QUALIFIED INDIVIDUAL, AS
DESCRIBED IN SUBSECTION (4)(e) OF THIS SECTION, AND SHALL GIVE
GREAT WEIGHT TO THE RECOMMENDATION IN THE ASSESSMENT WHEN
MAKING A QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENT
DECISION. AN ASSESSMENT PREPARED BY THE QUALIFIED INDIVIDUAL
MUST IDENTIFY WHETHER A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM IS THE MOST EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE
PLACEMENT FOR THE CHILD OR YOUTH. THE ASSESSMENT MUST ALSO
IDENTIFY CHILD- OR YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR
THE CHILD OR YOUTH AND THE FAMILY. IF THE COURT DEVIATES FROM
THE QUALIFIED INDIVIDUAL'S ASSESSMENT AND RECOMMENDATION, THE
COURT SHALL MAKE SPECIFIC FINDINGS OF FACT REGARDING THE MOST
EFFECTIVE, APPROPRIATE, AND LEAST RESTRICTIVE PLACEMENT FOR THE
CHILD OR YOUTH AND WHETHER THE PLACEMENT IS CONSISTENT WITH
CHILD- OR YOUTH-SPECIFIC SHORT- AND LONG-TERM GOALS FOR THE
CHILD OR YOUTH AND THE FAMILY. WHEN MAKING SUCH FINDINGS OF
FACT, THE COURT SHALL CONSIDER ALL RELEVANT INFORMATION,
INCLUDING:
(I) WHETHER THE PROTOCOL FOR THE QUALIFIED RESIDENTIAL
TREATMENT PROGRAM ASSESSMENT WAS FOLLOWED;
(II) THE STRENGTHS AND SPECIFIC TREATMENT OR SERVICE NEEDS
OF THE CHILD OR YOUTH AND THE FAMILY;
(III) THE EXPECTED LENGTH OF STAY; AND
(IV) THE PLACEMENT PREFERENCE OF THE CHILD OR YOUTH AND
THE FAMILY.".

Page 6, strike line 21 and substitute "CHILD WELFARE AND PREVENTION
SERVICES, INCLUDING BUT NOT LIMITED TO FOSTER CARE PREVENTION".

Page 6, strike lines 24 through 27.

Page 7, line 1, strike "(3)" and substitute "(2)".

Page 7, line 3 strike "(4) (a)" and substitute "(3)".

Page 7, line 6, strike "ALL" and substitute "ANY".

Page 7, strike lines 11 through 14.

Page 10, strike lines 5 through 27.

Strike page 11.

Renumber succeeding sections accordingly.

Page 12, line 1, strike "amend".

Page 12, strike line 2 and substitute "add (1)(c), (1)(d), and (1)(e) as
follows:".

Page 12, strike lines 9 through 27 and substitute:
"(d) IN MAKING ITS RECOMMENDATIONS PURSUANT TO
SUBSECTION (1)(c) OF THIS SECTION, THE DELIVERY OF CHILD WELFARE
SERVICES TASK FORCE SHALL CONSIDER:
(I) THE IMPACT OF THE INSTITUTE FOR MENTAL DISEASE
DESIGNATION ON QUALIFIED RESIDENTIAL TREATMENT PROGRAMS FOR
RESIDENTIAL CHILD CARE FACILITIES; AND
(II) THE CAPACITY OF EXISTING CHILD WELFARE SERVICES,
INCLUDING PLACEMENT AVAILABILITY, MENTAL AND BEHAVIORAL
HEALTH SERVICES, PREVENTION SERVICES THROUGH THE FEDERAL
"FAMILY FIRST PREVENTION SERVICES ACT", AND OTHER PREVENTION
SERVICES.
(e) THE STATE DEPARTMENT SHALL SUBMIT A REPORT TO THE
JOINT BUDGET COMMITTEE ON OR BEFORE SEPTEMBER 1, 2020. THE
REPORT MUST INCLUDE THE RECOMMENDATIONS REQUIRED PURSUANT TO
SUBSECTION (1)(c) OF THIS SECTION.".

Strike pages 13 and 14.

Page 15, strike lines 1 through 14.

Page 15, line 20, strike "FOSTER CARE" and before "AS" insert
"INCLUDING BUT NOT LIMITED TO FOSTER CARE PREVENTION SERVICES,".

Page 15, strike lines 22 through 25.

Page 15, line 26, strike "(3)" and substitute "(2)".

Page 16, line 3, strike "(4) (a)" and substitute "(3)".

Page 16, strike lines 7 through 10.

Page 16, strike lines 21 through 27.

Page 17, strike lines 1 through 6 and substitute:

"(30.3) "QUALIFIED INDIVIDUAL" MEANS A TRAINED
PROFESSIONAL OR LICENSED CLINICIAN, AS DEFINED IN THE FEDERAL
"FAMILY FIRST PREVENTION SERVICES ACT". "QUALIFIED INDIVIDUAL"
MUST BE APPROVED TO SERVE AS A QUALIFIED INDIVIDUAL ACCORDING TO
THE STATE PLAN. "QUALIFIED INDIVIDUAL" MUST NOT BE AN INTERESTED
PARTY OR PARTICIPANT IN THE JUVENILE COURT PROCEEDING AND MUST
BE FREE OF ANY PERSONAL OR BUSINESS RELATIONSHIP THAT WOULD
CAUSE A CONFLICT OF INTEREST IN EVALUATING THE CHILD, JUVENILE, OR
YOUTH AND MAKING RECOMMENDATIONS CONCERNING THE CHILD'S,
JUVENILE'S, OR YOUTH'S PLACEMENT AND THERAPEUTIC NEEDS,
ACCORDING TO THE FEDERAL TITLE IV-E STATE PLAN. THE STATE
DEPARTMENT MAY SEEK A WAIVER FOR THESE REQUIREMENTS IN
ACCORDANCE WITH 42 U.S.C. SECTION 675a.".

Page 17, line 20, after the semicolon add "OR".

Page 17, line 22, after "ORDER" insert "OR VOLUNTARY PLACEMENT".

Page 18, line 2, strike "RESIDENTIAL CHILD CARE" and substitute
"SPECIALIZED GROUP".

Senate Journal, June 9
After consideration on the merits, the Committee recommends that SB20-162 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend the Judiciary Committee Report, dated March 11, 2020, page 1,
strike line 6 and substitute "FEDERAL TITLE IV-E STATE PLAN OR ANY
WAIVER".

Page 1 of the report, line 7, strike "WAIVER FOR THESE REQUIREMENTS".

Page 1 of the report, line 8, strike "SECTION" and substitute "SEC.".

Page 1 of the report, line 10, strike ""INITIAL" and substitute "NEW"." and
substitute ""INITIAL"".

Page 1 of the report, strike lines 11 and 12 and substitute "Page 4, line
17, strike "THE PLACEMENT IF" and substitute "A PLACEMENT WHEN"".

Page 1 of the report, line 15, strike "SERVICES"." and substitute
"SERVICES AND THE COURT NO LONGER HAS ONGOING JURISDICTION,"".

Page 5 of the bill, line 3, strike "plan;" and substitute "plan PLAN OR
DIVISION OF YOUTH SERVICES PLAN;".

Page 5 of the bill, line 5, after "department" insert "OR THE DIVISION OF
YOUTH SERVICES".

Page 2 of the report, line 3, strike "ALL COUNSEL" and substitute
"ATTORNEYS".

Page 2 of the report, line 11, after "COURT" insert "OR THE
ADMINISTRATIVE REVIEW DIVISION".

Page 2 of the report, line 12, strike "INDIVIDUAL," and substitute
"INDIVIDUAL AND THE MOST RECENT ASSESSMENT,".

Page 2 of the report, line 21, after "COURT" insert "COURT OR
ADMINISTRATIVE REVIEW DIVISION".

Page 7 of the bill, strike lines 15 through 27.

Strike page 8 of the bill.

Page 9 of the bill, strike lines 1 through 22.

Renumber succeeding sections accordingly.

Page 10 of the bill, strike lines 2 through 4 and substitute:
"(III) TO ASSIST IN THE EVALUATION OF THE IMPACT OF
COLORADO'S IMPLEMENTATION OF THE FEDERAL "FAMILY FIRST
PREVENTION SERVICES ACT" ON THE STATE'S JUVENILE JUSTICE SYSTEM
AND MAKE A FINDING OF WHETHER THE LACK OF AVAILABLE AND
APPROPRIATE CONGREGATE CARE PLACEMENTS IS A CONTRIBUTING
FACTOR IN COMMITTING A JUVENILE TO THE DIVISION OF YOUTH
SERVICES.".

Page 12 of the bill, line 5, strike "JULY 31," and substitute "DECEMBER
15,".

Page 3 of the report, line 23, strike "SEPTEMBER 1, 2020." and substitute
"JANUARY 15, 2021.".

Page 4 of the report, line 17, strike "PLAN. THE STATE" and substitute
"PLAN OR ANY WAIVER IN".

Page 4 of the report, strike line 18.

Page 4 of the report, line 19, strike "SECTION" and substitute "SEC.".

Page 4 of the report, strike line 21.

Page 17 of the bill, strike line 22 and substitute "ORDER OR VOLUNTARY
PLACEMENT; OR".

Page 18 of the bill, after line 19, insert:

"SECTION 14. Appropriation - adjustments to 2020 long bill.
(1) To implement this act, appropriations made in the annual general
appropriation act for the 2020-21 state fiscal year to the department of
human services for use by the executive director's office for employment
and regulatory affairs are adjusted as follows:
(a) The general fund appropriation is decreased by $936,412; and
(b) The reappropriated funds appropriation from departmental
indirect cost recoveries is increased by $936,412.
SECTION 15. Appropriation. (1) For the 2020-21 state fiscal
year, $546,652 is appropriated to the department of human services. This
appropriation is from the general fund and is based on an assumption that
the department will require an additional 1.7 FTE. To implement this act,
the department may use this appropriation as follows:
Executive director's office, general administration
Legal services $38,376
Executive director's office, special purpose
Administrative review unit $131,249 (1.3
FTE)
Office of information technology services, information
technology
Colorado trails $157,463
Division of child welfare
Administration $219,564 (0.4 FTE)
(2) For the 2020-21 state fiscal year, the general assembly
anticipates that the department of human services will receive $91,039
in federal funds to implement this act. This figure is subject to the "(I)"
notation as defined in the annual general appropriation act for the same
fiscal year and is to be used as follows:
Office of information technology services, information
technology
Colorado trails $84,787
Division of child welfare
Administration $6,252
(3) For the 2020-21 state fiscal year, $242,250 is appropriated to
the office of the governor for use by the office of information
technology. This appropriation is from reappropriated funds received
from the department of human services under subsection (1) of this
section. To implement this act, the office may use this appropriation to
provide information technology services for the department of human
services.
(4) For the 2020-21 state fiscal year, $38,376 is appropriated to
the department of law. This appropriation is from reappropriated funds
received from the department of human services under subsection (1) of
this section and is based on an assumption that the department of law will
require an additional 0.2 FTE. To implement this act, the department of
law may use this appropriation to provide legal services for the
department of human services.
SECTION 16. Appropriation. (1) For the 2020-21 state fiscal
year, $211,200 is appropriated to the judicial department for use by the
office of the child's representative. This appropriation is from the general
fund. To implement this act, the office may use this appropriation for
personal services.
(2) For the 2020-21 state fiscal year, $178,560 is appropriated to
the judicial department for use by the respondent parents' counsel. This
appropriation is from the general fund. To implement this act, the office
may use this appropriation for personal services.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "ACT." and substitute "ACT, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations