Rep. Dafna Michaelson Jenet

Current law does not expressly recognize domestic abuse as a form of child abuse or neglect. The act establishes a domestic abuse task force (task force) that will develop a statutory definition for the Colorado Children's Code to define "domestic abuse". The statutory definition should recognize the impact domestic abuse may have on the emotional and developmental well-being of a child. The task force shall review recommendations from the department of human services' domestic violence program and child welfare workgroup (workgroup) to develop the statutory definition. The act requires the department of human services (department) to report the recommended definition to committees of the general assembly no later than December 2022.Under current law, child welfare caseworkers do not have established training policies or assessment procedures to identify and assess situations when a child's parent, legal guardian, or custodian exposes a child to their perpetration of domestic abuse. The act requires the department to promulgate rules based on recommendations from the workgroup to create, implement, and update assessment policies, procedures, and training standards for child welfare caseworkers to recognize, respond to, and assess child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver, the abusive parent, and cultural considerations.For the 2021-22 state fiscal year, $22,500 is appropriated from the general fund to the department of human services for use by the division of child welfare for administration.(Note: This summary applies to this bill as enacted.)

The act repeals a requirement that the state auditor conduct audits of the portion of the limited gaming fund that is transferred to the state historical fund for the preservation and restoration of the cities of Central, Black Hawk, and Cripple Creek.(Note: This summary applies to this bill as enacted.)

Under current law, the Colorado state fair authority (authority) and its board of commissioners are required to publish an annual report each year by October 31 and to distribute the report to the governor and the members of the legislative committees with jurisdiction over agricultural matters. The act changes the annual reporting deadline to January 31 or 10 days after the legislative audit committee releases the authority's financial audit, whichever is later, and requires that the report be submitted to all members of the general assembly.(Note: This summary applies to this bill as enacted.)

The act authorizes the department of human services (state department) to disclose the results of a CAPS check without a court order to:A health oversight agency within the department of regulatory agencies (DORA), or a regulator within such a health oversight agency, for the purpose of a regulatory investigation; or The court if an individual is petitioning the court for conservatorship or guardianship of an at-risk adult. The act requires an employer and a current or former employee to provide, upon request of a county department of human or social services and for the purposes of an investigation into an allegation of mistreatment, the professional license number issued by DORA for the employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult.Current law requires the state department to promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. The act requires the state department to promulgate rules to address the process to share information on the outcome of an appeal with a health oversight agency within DORA, or a regulator within such health oversight agency, if the health oversight agency or its regulator requests information for the purpose of a regulatory investigation. Appeal information is confidential and used only for the regulatory investigation.Beginning January 1, 2022, the state department shall provide the court the results of a CAPS check, upon the court's request, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.The act requires the state department to promulgate rules that address:The process for the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency when a professional regulated by a regulator within such health oversight agency is substantiated in a case of mistreatment of an at-risk adult; and The information that will be made available to a health oversight agency within DORA or a regulator within such health oversight agency for the purpose of conducting a regulatory investigation. A person who may be appointed as a conservator or guardian of an at-risk adult who knowingly provides inaccurate information to the court for a CAPS check commits a class 1 misdemeanor.Beginning January 1, 2022, prior to appointing a person as a conservator or guardian of an at-risk adult, the court shall request a CAPS check by the state department to determine if the person is substantiated in a case of mistreatment of an at-risk adult. Within 7 calendar days after the date of the court's request, if the person has been substantiated in a case of mistreatment of an at-risk adult, the state department shall provide the court with information concerning the mistreatment, unless the finding was expunged through a successful appeal to the state department. The state department shall disclose to the court that the person substantiated in a case of mistreatment of an at-risk adult has the right to initiate an appeal of the substantiated finding within the time frame set forth in state department rules. If the appeal is active, the state department shall inform the court that such appeal is active. The court shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value. Nothing delays or precludes the court's appointment of an emergency guardian or conservator of an at-risk adult, regardless of the timing of the state department's notification of the CAPS check results.The act requires the state department to notify the court within 7 calendar days after a substantiated finding of mistreatment by a person appointed as a conservator or guardian for an at-risk adult is subsequently entered into CAPS.The act requires the state department to notify a health oversight agency within DORA or a regulator within such health oversight agency within 10 calendar days after a substantiated finding of mistreatment by a professional regulated by DORA. Any information provided to a health oversight agency is confidential. A health oversight agency shall have the discretion to consider the results of the CAPS check and determine the weight of the information and its probative value.The act requires a licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult to provide the person's professional license number to county adult protective services.(Note: This summary applies to this bill as enacted.)

The act modifies monthly financial reporting requirements for the department of transportation to:Require the department to include in the monthly report that it submits to the state controller: Sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget to actual report for all budget lines within the annual general appropriations act; and Any additional information that is deemed reasonable and necessary by the controller; and Require the department to submit a monthly budget report to the transportation commission of the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and to make each report publicly available on the department's website.(Note: This summary applies to this bill as enacted.)

The act makes several changes and clarifications to current juvenile diversion programs (diversion), including:Clarifying the division of criminal justice in the department of public safety's (division) authority over all programs funded with diversion money; Clarifying that diversion funding may be allocated to entities other than district attorneys' offices; Requiring eligibility criteria for diversion be made public; Establishing that a juvenile is eligible to divert if the juvenile meets the eligibility criteria; Clarifying that an approved validated assessment tool may be used for decisions on the length of supervision and necessary services; Clarifying that a risk screening tool is to be used to inform the level and intensity of supervision; Establishing a clear process for data collection so the division can properly evaluate its diversion programs; and Creating a clearer process and role for the division in the allocation process.(Note: This summary applies to this bill as enacted.)

The act amends provisions concerning students in out-of-home placement that mandate cooperation between schools and county departments of human or social services (county departments) relating to education. Specifically, the act:Amends the definition of "student in out-of-home placement" to align with those students in custody of county departments; Streamlines billing practices for transportation services provided to students in out-of-home placement by requiring the use of invoices and forms approved by both the department of education and the state department of human services; and Authorizes school districts and the state charter school institute in establishing transportation plans with county departments, as required by law, to establish transportation plans by region or through a board of cooperative services.(Note: This summary applies to this bill as enacted.)

The act expands the community transition specialist program (program) by redefining "high-risk individual" to allow more individuals to access program services. The act also expands facilities that can access program services.(Note: This summary applies to this bill as enacted.)

Under current law, if the Colorado educational and cultural facilities authority has issued qualified charter school bonds for a charter school that fails to immediately restore its qualified charter school debt service reserve fund (reserve fund) to the applicable reserve fund requirement, the general assembly may, but is not required to, appropriate money to restore any or all reserve fund requirements for an aggregate outstanding principal amount of bonds not to exceed $500 million. The act increases the cap for the aggregate outstanding principal amount of qualified charter school bonds for which the general assembly may restore reserve fund requirements to $750 million.(Note: This summary applies to this bill as enacted.)