2007 Legislative Update Juvenile Law Section September 19, 2007

1. 2007 Legislative UpdateJuvenile Law SectionSeptember 19, 2007 Alicia Davis, J.D. Court Programs Manager Maureen Leif, J.D. CSE Coordinator

2. FUNDING OF CHILD WELFARE SERVICES (HB 1025, Jahn) • CDHS is to promulgate rules by which counties review and negotiate rates, services, and outcomes of service providers by 1/1/08. • Intended to standardize services statewide. • By 7/1/08, CDHS to review methodologies. • Cost of living adjustments. • Counties retain the right to negotiate for rates with child placement agencies.

3. Adoption by a Person Convicted of a Felony Offense (HB 1090, T. Carroll/Boyd) • Intended to open up pool of applicants. • Court retains discretion to approve if BIC. • Child may not be placed in the prospective parents’ home pending the outcome of the investigation.

4. Adoption by a Person Convicted of a Felony Offense (HB 1090, T. Carroll/Boyd) • LCPA can conduct an investigation if Felony or MISD 10 years prior to application EXCEPT • Felony child abuse, crime of violence or unlawful sexual behavior; • Felony 5 years or less for assault, battery or drugs; • Felony 10 years or less for DV under 18-6-800.3.

5. Restorative Justice Programs (HB 1129, Merrifield and Others) • Local JD services planning committees should really think about restorative justice when creating new programs in the JD. • RJ Coordinating Council to provide assistance and education within SCAO.

6. Training for Juvenile Risk Assessment (HB 1161, Labuda) • 19-2-508(3.5)(a) Subject to receiving sufficient gifts, grants, donations, or other sources of revenue to cover the cost of the training, the division of youth corrections in the department of human services shall train the local screening team in the administration of the juvenile risk assessment instrument. The screening team shall utilize the information obtained from the juvenile risk assessment instrument with juveniles to determine who shall be released from detention. This subsection (3.5) applies to a juvenile who meets the criteria for participation in a local preadjudication program or a juvenile who is waiting for a court hearing if the juvenile is held pending a hearing on the petition.

7. 2nd Parent Adoption (HB 1330, Madden/Veiga) • Allows Parent 2 to adopt if SLParent 1 gives written, verified consent. • If SLParent 1 adopted less than 6 months prior, you don’t need to re-do the home study. • Forms on the Judicial Website

8. 2nd Parent Adoption (HB 1330, Madden/Veiga) • Full name and address of Sole Legal Parent: • The person named above is the Sole Legal Parent because: • The other parent relinquished parental rights to the child in _________________________ (county/state) __________________ (case number) on __________________ (date). • The other parent’s rights are terminated in _________________________ (county/state) _____________________ (case number) on __________________ (date). • The person named above adopted the child as a single parent in ____________________________ (county/state) ________________________ (case number) on _____________________ (date). • The other parent died on ___________________ (date). • The child was conceived by assisted reproductive means and no other legal parent exists pursuant to §19-4-106, C.R.S. • The written consent of the Sole Legal Parent is attached.

9. Concerning Child Support (HB 1349, Kefalas/Ward)

10. Medicaid Eligibility for Persons in Foster Care (SB 2, Sandoval/Stafford) • Allows persons younger than 21 who were in f/c and turned 18 or emancipated to continue to be eligible for medicaid. • 25.5-5-201: Subject to the availability of federal financial aid funds, the following are the individuals or groups that Colorado has selected as optional groups to receive medical assistance pursuant to this article and articles 4 and 6 of this title. . . • . . . (n) Individuals under the age of twenty-one years eligible for medical assistance pursuant to section 25.5-5-101 (1)(e) immediately prior to attaining the age of eighteen years or otherwise becoming emancipated.

11. Advisory Board on Competency Evaluations (SB 3, Kester) • To study and recommend standards regarding training, education and experience for psychiatrists/psychologists who perform competency evaluations. • Report by 1/30/08 then rules promulgated.

12. Child Support Recodification SB 15, Boyd

13. Compulsory Education (SB 16, Tapia/Butcher) • Minimum age is 6 except for home-schooled kids.

14. 2005 Notice on behalf of parent filing an expedited relinquishment. Notice prior to or after filing of the petition, but not more than 60 days prior to anticipated birth 2007 No requirement to respond if petition has been filed, 20 days have passed, and LCPA has filed administrative notice. Notice of Anticipated Expedited Relinquishment (SB 18, Sandoval)

15. Adoption of High-Risk Children (SB 33, Brophy) • Provides that cost of care shall not exceed adoption subsidy. • 19-1-103(30) "Cost of care" means the cost to the department or the county for a child placed out of the home or charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home or to a juvenile sentenced to a placement out of the home, as determined by the court. • As used in this title, "cost of care" also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.

16. School District Employees in Truancy Proceedings (SB 50, Renfroe)

17. Foster Care Task Force (SB 64, Keller) • Task Force to study and made recommendations re: adoption and F/C • Report to the Governor, CJ, Judiciary and Human Services Committees by 12/31/07 • Sheri Danz!!!!

18. Compliance with Federal Law on Placement of Children (SB 226, Boyd and many more) • Complies with Federal law • Requires ICPC study; court must consider out of state placements. • Requires notice in all hearings to juvenile, 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. • Requires kids to participate in development of their PP in an age-appropriate manner. • Requires national fingerprint-based criminal history checks.

19. Electronic Access to ICON (SB 262, Shaffer) • § 19-1-303(1)(a) The judicial department or any agency that performs duties and functions under this title with respect to juvenile delinquency or dependency and neglect cases or any other provisions of this title may exchange information, to the extent necessary, for the acquisition, provision, oversight, or referral of services and support with the judicial department or any other agency or individual that performs duties and functions under this title with respect to such cases. In order to receive such information, the judicial department or the agency shall have a need to know for purposes of investigations and case management in the administration of their respective programs.

20. Electronic Access to ICON (SB 262, Shaffer) • § 19-1-303(8) Notwithstanding any provision of law to the contrary, criminal justice agencies shall have statewide electronic read-only access to the name index and register of actions for dependency and neglect cases of the judicial department. Any information obtained pursuant to this subsection (8) shall be subject to the rules of confidentiality set forth in this part 3.(9) County departments as defined in section 19-1-103(32) and the office of the state public defender, created in section 21-1-101, C.R.S., shall have statewide electronic read-only access to the name index and register of actions of the judicial department for juvenile delinquency proceedings. Any information obtained pursuant to this subsection (9) shall be subject to the rules of confidentiality set forth in this part 3. • By 12/1/07, Task Force to report recommendations on access to information. • Sheri Danz!!!!

21. Legislative Process