2007 Legislative Update2007 Legislative UpdateJuvenile Law SectionJuvenile Law Section

September 19, 2007September 19, 2007

Alicia Davis, J.D.Alicia Davis, J.D.

Court Programs ManagerCourt Programs Manager

Maureen Leif, J.D.Maureen Leif, J.D.

CSE CoordinatorCSE Coordinator

FUNDING OF CHILD WELFARE FUNDING OF CHILD WELFARE SERVICES (HB 1025, Jahn) SERVICES (HB 1025, Jahn)

CDHS is to promulgate rules by which CDHS is to promulgate rules by which counties review and negotiate rates, counties review and negotiate rates, services, and outcomes of service services, and outcomes of service providers by 1/1/08. providers by 1/1/08.

Intended to standardize services statewide. Intended to standardize services statewide.

By 7/1/08, CDHS to review methodologies. By 7/1/08, CDHS to review methodologies. Cost of living adjustments.Cost of living adjustments. Counties retain the right to negotiate for Counties retain the right to negotiate for

rates with child placement agencies. rates with child placement agencies.

Adoption by a Person Convicted Adoption by a Person Convicted of a Felony Offense of a Felony Offense (HB 1090, T. Carroll/Boyd)(HB 1090, T. Carroll/Boyd)

Intended to open up pool of Intended to open up pool of applicants. applicants.

Court retains discretion to Court retains discretion to approve if BIC.approve if BIC.

Child may not be placed in the Child may not be placed in the prospective parents’ home prospective parents’ home pending the outcome of the pending the outcome of the investigation. investigation.

Adoption by a Person Convicted Adoption by a Person Convicted of a Felony Offense of a Felony Offense (HB 1090, T. Carroll/Boyd)(HB 1090, T. Carroll/Boyd)

LCPA can conduct an investigation if LCPA can conduct an investigation if Felony or MISD 10 years prior to Felony or MISD 10 years prior to application EXCEPTapplication EXCEPT Felony child abuse, crime of violence or Felony child abuse, crime of violence or

unlawful sexual behavior;unlawful sexual behavior; Felony 5 years or less for assault, Felony 5 years or less for assault,

battery or drugs;battery or drugs; Felony 10 years or less for DV under Felony 10 years or less for DV under

18-6-800.3. 18-6-800.3.

Restorative Justice Programs (HB Restorative Justice Programs (HB 1129, Merrifield and Others)1129, Merrifield and Others)

Local JD services planning Local JD services planning committees should really think committees should really think about restorative justice when about restorative justice when creating new programs in the creating new programs in the JD. JD.

RJ Coordinating Council to RJ Coordinating Council to provide assistance and provide assistance and education within SCAO. education within SCAO.

Training for Juvenile Risk Training for Juvenile Risk Assessment (HB 1161, Labuda)Assessment (HB 1161, Labuda) 19-2-508(3.5)(a) Subject to receiving sufficient gifts, 19-2-508(3.5)(a) Subject to receiving sufficient gifts,

grants, donations, or other sources of revenue to grants, donations, or other sources of revenue to cover the cost of the training, the division of youth cover the cost of the training, the division of youth corrections in the department of human services corrections in the department of human services shall shall train the local screening team in the train the local screening team in the administration of the juvenile risk assessment administration of the juvenile risk assessment instrumentinstrument. The screening team shall utilize the . The screening team shall utilize the information obtained from the juvenile risk information obtained from the juvenile risk assessment instrument with juveniles to determine assessment instrument with juveniles to determine who shall be released from detentionwho shall be released from detention. This . This subsection (3.5) applies to a juvenile who meets the subsection (3.5) applies to a juvenile who meets the criteria for participation in a local preadjudication criteria for participation in a local preadjudication program or a juvenile who is waiting for a court program or a juvenile who is waiting for a court hearing if the juvenile is held pending a hearing on hearing if the juvenile is held pending a hearing on the petition. the petition.

22ndnd Parent Adoption (HB 1330, Parent Adoption (HB 1330, Madden/Veiga)Madden/Veiga)

Allows Parent 2 to adopt if Allows Parent 2 to adopt if SLParent 1 gives written, SLParent 1 gives written, verified consent.verified consent.

If SLParent 1 adopted less than If SLParent 1 adopted less than 6 months prior, you don’t need 6 months prior, you don’t need to re-do the home study. to re-do the home study.

Forms on the Judicial WebsiteForms on the Judicial Website

22ndnd Parent Adoption (HB 1330, Parent Adoption (HB 1330, Madden/Veiga)Madden/Veiga) Full name and address of Sole Legal Parent: Full name and address of Sole Legal Parent: The person named above is the Sole Legal Parent The person named above is the Sole Legal Parent

because:because: The other parent relinquished parental rights to the child in The other parent relinquished parental rights to the child in

_________________________ (county/state) _________________________ (county/state) __________________ (case number) on __________________ (case number) on __________________ (date).__________________ (date).

The other parent’s rights are terminated in The other parent’s rights are terminated in _________________________ (county/state) _________________________ (county/state) _____________________ (case number) on _____________________ (case number) on __________________ (date).__________________ (date).

The person named above adopted the child as a single The person named above adopted the child as a single parent in ____________________________ (county/state) parent in ____________________________ (county/state) ________________________ (case number) on ________________________ (case number) on _____________________ (date). _____________________ (date).

The other parent died on ___________________ (date).The other parent died on ___________________ (date). The child was conceived by assisted reproductive means The child was conceived by assisted reproductive means

and no other legal parent exists pursuant to §19-4-106, and no other legal parent exists pursuant to §19-4-106, C.R.S. C.R.S.

The written consent of the Sole Legal Parent is attached.The written consent of the Sole Legal Parent is attached.

Concerning Child Concerning Child SupportSupport

(HB 1349, Kefalas/Ward)(HB 1349, Kefalas/Ward)

Medicaid Eligibility for Persons in Medicaid Eligibility for Persons in Foster Care Foster Care (SB 2, Sandoval/Stafford) (SB 2, Sandoval/Stafford) Allows persons younger than 21 who were in f/c Allows persons younger than 21 who were in f/c

and turned 18 or emancipated to continue to be and turned 18 or emancipated to continue to be eligible for medicaid.eligible for medicaid.

25.5-5-201: Subject to the availability of federal 25.5-5-201: Subject to the availability of federal financial aid funds, the following are the individuals financial aid funds, the following are the individuals or groups that Colorado has selected as optional or groups that Colorado has selected as optional groups to receive medical assistance pursuant to groups to receive medical assistance pursuant to this article and articles 4 and 6 of this title. . . this article and articles 4 and 6 of this title. . .

. . . (n) Individuals under the age of twenty-one . . . (n) Individuals under the age of twenty-one years eligible for medical assistance pursuant to years eligible for medical assistance pursuant to section 25.5-5-101 (1)(e)section 25.5-5-101 (1)(e) immediately prior to immediately prior to attaining the age of eighteen years or otherwise attaining the age of eighteen years or otherwise becoming emancipated. becoming emancipated.

Advisory Board on Competency Advisory Board on Competency Evaluations (SB 3, Kester) Evaluations (SB 3, Kester)

To study and recommend To study and recommend standards regarding training, standards regarding training, education and experience for education and experience for psychiatrists/psychologists who psychiatrists/psychologists who perform competency perform competency evaluations. evaluations.

Report by 1/30/08 then rules Report by 1/30/08 then rules promulgated. promulgated.

Child Support Child Support Recodification Recodification

SB 15, BoydSB 15, Boyd

Compulsory Education (SB Compulsory Education (SB 16, Tapia/Butcher) 16, Tapia/Butcher)

Minimum age is 6 except for Minimum age is 6 except for home-schooled kids.home-schooled kids.

Notice of Anticipated Expedited Notice of Anticipated Expedited Relinquishment (SB 18, Sandoval) Relinquishment (SB 18, Sandoval)

20052005 Notice on behalf Notice on behalf

of parent filing an of parent filing an expedited expedited relinquishment. relinquishment.

Notice prior to or Notice prior to or after filing of the after filing of the petition, but not petition, but not more than 60 more than 60 days prior to days prior to anticipated birthanticipated birth

20072007 No requirement No requirement

to respond if to respond if petition has been petition has been

filed, filed, 20 days have 20 days have

passed, and passed, and LCPA has filed LCPA has filed

administrative administrative notice. notice.

Adoption of High-Risk Adoption of High-Risk Children (SB 33, Brophy) Children (SB 33, Brophy) Provides that cost of care shall not exceed adoption Provides that cost of care shall not exceed adoption

subsidy.subsidy. 19-1-103(30) "Cost of care" means the cost to the 19-1-103(30) "Cost of care" means the cost to the

department or the county for a child placed out of department or the county for a child placed out of the home or charged with the custody of the the home or charged with the custody of the juvenile for providing juvenile for providing room, board, clothing, room, board, clothing, education, medical care, and other normal living education, medical care, and other normal living expenses for a child placed out of the homeexpenses for a child placed out of the home or or to a juvenile sentenced to a placement out of the to a juvenile sentenced to a placement out of the home, as determined by the court. home, as determined by the court.

As used in this title, "cost of care" As used in this title, "cost of care" also includes also includes any costs associated with maintenance of a any costs associated with maintenance of a juvenile in a home detention program, juvenile in a home detention program, supervision of probationsupervision of probation when the juvenile is when the juvenile is granted probation, or supervision of parole when granted probation, or supervision of parole when the juvenile is placed on parole. the juvenile is placed on parole.

School District Employees School District Employees in Truancy Proceedings in Truancy Proceedings

(SB 50, Renfroe)(SB 50, Renfroe)

Foster Care Task Force Foster Care Task Force (SB 64, Keller) (SB 64, Keller)

Task Force to study and made Task Force to study and made recommendations re: adoption recommendations re: adoption and F/Cand F/C

Report to the Governor, CJ, Report to the Governor, CJ, Judiciary and Human Services Judiciary and Human Services Committees by 12/31/07Committees by 12/31/07

Sheri Danz!!!! Sheri Danz!!!!

Compliance with Federal Law on Compliance with Federal Law on Placement of Children Placement of Children (SB 226, Boyd and many more)(SB 226, Boyd and many more) Complies with Federal lawComplies with Federal law Requires ICPC study; court must consider Requires ICPC study; court must consider

out of state placements.out of state placements. Requires notice in all hearings to juvenile, Requires notice in all hearings to juvenile,

f/c, pre-adopts and relative care givers.f/c, pre-adopts and relative care givers. F/C, pre-adopts and relative care givers F/C, pre-adopts and relative care givers

have a right to be heard at all hearings. have a right to be heard at all hearings. Requires kids to participate in development Requires kids to participate in development

of their PP in an age-appropriate manner.of their PP in an age-appropriate manner. Requires national fingerprint-based criminal Requires national fingerprint-based criminal

history checks. history checks.

Electronic Access to ICON Electronic Access to ICON (SB 262, Shaffer) (SB 262, Shaffer) § 19-1-303§ 19-1-303(1)(a) The judicial department or any (1)(a) The judicial department or any

agency that performs duties and functions under agency that performs duties and functions under this title with respect to juvenile delinquency or this title with respect to juvenile delinquency or dependency and neglect cases or any other dependency and neglect cases or any other provisions of this title may exchange information, to provisions of this title may exchange information, to the extent necessary, for the acquisition, provision, the extent necessary, for the acquisition, provision, oversight, or referral of services and support with oversight, or referral of services and support with the judicial department or any other agency or the judicial department or any other agency or individual that performs duties and functions under individual that performs duties and functions under this title with respect to such cases. In order to this title with respect to such cases. In order to receive such information, the judicial department or receive such information, the judicial department or the agency shall have a need to know for purposes the agency shall have a need to know for purposes of investigations and case management in the of investigations and case management in the administration of their respective programs. administration of their respective programs.

Electronic Access to ICON Electronic Access to ICON (SB 262, Shaffer) (SB 262, Shaffer) § 19-1-303§ 19-1-303(8) Notwithstanding any provision of law to the (8) Notwithstanding any provision of law to the

contrary, criminal justice agencies shall have contrary, criminal justice agencies shall have statewide statewide electronic read-only access to the name index and register electronic read-only access to the name index and register of actions for dependency and neglect cases of actions for dependency and neglect cases of the judicial of the judicial department. Any information obtained pursuant to this subsection department. Any information obtained pursuant to this subsection (8) shall be subject to the rules of confidentiality set forth in this (8) shall be subject to the rules of confidentiality set forth in this part 3.part 3.

(9) (9) County departments as defined in County departments as defined in section 19-1-103(32)section 19-1-103(32) and the office of the state public defender, created in and the office of the state public defender, created in section 21-1-101, C.R.Ssection 21-1-101, C.R.S., shall have statewide electronic read-., shall have statewide electronic read-only access to the name index and register of actions of the only access to the name index and register of actions of the judicial department for juvenile delinquencyjudicial department for juvenile delinquency proceedings. Any proceedings. Any information obtained pursuant to this subsection (9) shall be information obtained pursuant to this subsection (9) shall be subject to the rules of confidentiality set forth in this part 3.subject to the rules of confidentiality set forth in this part 3.

By 12/1/07, Task Force to report recommendations on By 12/1/07, Task Force to report recommendations on access to information.access to information.

Sheri Danz!!!! Sheri Danz!!!!

Legislative ProcessLegislative Process