The act requires the department of health care policy and financing to analyze how directed payment authority can be used as part of a comprehensive plan to facilitate an adequate network of services for children and youth by requiring each managed care entity to pay no less than state department-established fee schedule rates for services needed to promote clinical stabilization. The act creates the high-acuity treatment and services cash fund (cash fund). The act authorizes the department of human services (CDHS) to retain any unspent money appropriated in fiscal year 2022-23 and 2023-24 from the general fund for counties during the initial allocations for the administration of child welfare services, core services, or child welfare staffing. On June 30, 2023, and June 30, 2024, the act requires the state treasurer to transfer any money retained to the cash fund. The act requires CDHS to expend money from the cash fund to provide additional resources to licensed providers to help remove barriers that providers face in serving children and youth whose behavioral or mental health needs require services and treatment that exceed capacity of the established daily rates. The cash fund repeals July 1, 2025. No later than July 1, 2023, the act requires CDHS to form a working group to make recommendations about developing an incentive funding pool pilot program to incentivize residential treatment providers to accept and treat children and youth who have high-acuity behavioral health needs to appropriate treatment and placement. The act requires the behavioral health administration (BHA) to consult with a working group to help develop the performance monitoring system framework that addresses the minimum performance standards for treatment of children and youth, which must include measures of accountability for children and youth who are boarding or in extended stay . Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, the act requires each hospital to report information to the BHA on the total number of children and youth patients who were boarding or had extended stay in the previous quarter; if known, how many children and youth who were boarding or had extended stay and were in county custody at the time; and, for patients who were discharged during the quarter, where the patients were discharged to. Beginning September 1, 2023, and each quarter thereafter until October 1, 2024, the act requires CDHS to report information to the BHA on the total number of children and youth in the custody of, or who had involvement with, a county department of human or social services who spent time at least overnight in a hotel or a county department office as a stopgap setting. No later than September 1, 2023, and each quarter thereafter until October 1, 2024, the act requires the BHA to report aggregated and de-identified information submitted to the BHA to the working group. The act requires CDHS to develop a capacity plan for whenever a residential treatment facility for children and youth closes or has a substantial change in operation. The act appropriates $5,900,000 from the cash fund to CDHS for use by the division of child welfare for high-acuity treatment services. Any money remaining from the appropriation prior to July 1, 2024, is further appropriated to CDHS for fiscal year 2024-25. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
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Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate wage complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The act changes these authorizations to requirements and further requires the director to create and administer a complaint mediation process by July 1, 2024. Additionally, the act requires the director to: Investigate complaints or other leads concerning employer violations of wage inequity; Upon finding a violation, order compliance and relief; and Promulgate rules to enforce the act. The act also requires an employer to: For each job opportunity, follow specific guidelines for posting the opportunity and provide specific information to employees regarding the compensation, benefits, and date that the application window is anticipated to close; and Make reasonable efforts to make known information regarding the candidate who is selected for the job opportunity. For positions with career progression, the act requires an employer to disclose and make available to all eligible employees the requirements for the career progression. $412,438 is appropriated from the general fund to implement the act. Of that sum, $292,590 is appropriated to the department of labor and employment and $119,848 is appropriated to the department of personnel. APPROVED by Governor June 5, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)
The act establishes several measures that protect the best interests of a child or youth and that will not hinder reunification with the child's or youth's family when the child or youth has been temporarily placed outside the family home with a relative or kin (relative), including: Permitting a relative to appeal when denied placement of the child or youth with the relative; Requiring the department of human services (department), to use reasonable efforts to help a relative whose barrier to caring for the child or youth is a lack of resources; Amending the court's advisement to the parent so it is consistent with changes to statute; Specifying what information should be included in a notice to relatives when the child or youth has been removed from the child's or youth's home; Requiring that courts give preference to a relative unless placement with that relative would negatively affect the child's or youth's mental, physical, or emotional needs, or hinder reunification with the child's or youth's family; Providing options for a relative to be allowed to participate in a child's or youth's care and planning; Creating a rebuttable presumption that placement with a relative is in the child's or youth's best interest. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child's or youth's mental, physical, and emotional needs, including the child's or youth's preference regarding placement. Requiring that caseworkers inform the court of efforts to identify and place a child or youth with a relative. Foster parents who have the child or youth in their care for 12 months or more may intervene, as a matter of right, with or without counsel, following adjudication. The purpose of intervention is to provide knowledge or information concerning the care and protection of the child or youth, including the child's or youth's mental, physical, and emotional needs. For the 2023-24 state fiscal year: $13,879 is appropriated to the department of human services from the general fund for use by the division of child welfare for Colorado TRAILS for the implementation of this act; and The general assembly anticipates that the department of human services will receive $7,473 in federal funds for use by the division of child welfare to assist in the implementation of this act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act designates Lunar New Year Day as an observed, but not a legal, state holiday that may be observed on the first Friday in February in each year. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires that the department of human services (department) add to its report information on the number of youth who at the time they received services from the county department of human or social services (county department) or were placed in out-of-home placement by a county department had an open delinquency case in a district court, were on juvenile probation, or had a juvenile deferred sentence. The act repeals the requirement to created performance measures for local collaborative management programs. The act requires a local collaborative management program to create one or more individualized service and support teams which may refer a child to services and establish a service and support plan for a child in need of services. The act requires the department to create an information form to be used by certain agencies and individuals to refer a child to a local collaborative management program for services. The act delineates who has access to the records created by an individualized service and support team. The act requires the department to include strategies for children who would benefit from integrated multi-agency services in its training for counties participating in a local collaborative management program. The act requires each interagency oversight group to add to its report to the executive director of each department and agency that is a party to a memorandum of understanding certain demographic, status, and referral information on children and families served and referred to services through a local collaborative management program. On July 1, 2023 and annually thereafter, the act requires the general assembly to appropriate money to the collaborative management cash fund (fund) to serve children who would benefit from integrated multi-agency services. Beginning July 1, 2024, the act requires the executive director of the department to provide an annual sum to each local collaborative management program to provide services to children who would benefit from integrated multi-agency services based on a funding formula that takes into account the amount of available funds, the need for a base of resources to direct a child and family members to appropriate services, and the number of children in the population to be served. On or before July 1, 2024, a local collaborative management program nd each July 1 thereafter, the act requires the district attorney of each judicial district to submit a report to the house of representatives judiciary committee and the senate judiciary committee that includes information on children who are offered an opportunity to participate in a diversion program. The act appropriates $2,257,411 from the general fund to the department for use by the division of child welfare. From this appropriation, $257,411 must be used for collaborative management program administration and evaluation and $2,000,000 must be used to assist interested counties that do not already operate a local collaborative management program with establishing a local collaborative management program or joining an existing local collaborative management program. The act further appropriates $1,165,039 from the general fund to the fund for use by the division of child welfare for distribution to existing local collaborative management programs. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act clarifies the school expulsion hearing (hearing) process, including the following: A school district has the burden of proving by a preponderance of the evidence that a student violated state law and the school district's policy; A school district is required to provide all supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least 2 business days in which school is in session prior to the hearing; and Hearing officers are required to consider specific factors at the conclusion of a hearing including the age of the student, disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention could properly address the violation. A hearing officer must not have a conflict of interest with a student under consideration for expulsion or denial of admission or any alleged victim. A school district must ensure that hearing officers receive training on how to serve impartially. The act requires the department of education (department), on or before June 30, 2024, to create and maintain the online training program for expulsion hearing officers. Beginning January 1, 2025, hearing officers are required to complete initial and ongoing training. The training program must include information on: Child and adolescent brain development; Restorative justice; Alternatives to expulsion; Trauma-informed practices; Conflict and bias in discipline, suspension, and expulsion; and The requirements and implementation of applicable federal and state laws. School districts, district charter schools authorized to expel or suspend students, or the state charter school institute may develop and provide their own training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program. The act requires the board of education of each school district to adopt a policy that a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. The act clarifies the judicial proceedings process available to a student or the student's parents, guardians, or legal custodians to set aside the school district board of education's decision to expel or deny admission to the student. The act appropriates $162,720 from the general fund to the department for hearing officer training and support. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment; The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation; Conditions exist constituting grounds for a no-fault eviction. The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement. The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; or Occupancy of the residential premises assumed by the landlord or a family member of the landlord; Expiration of time-limited housing operated by a mission-driven organization; and Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises. With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; or An individual with a disability. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant. A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are: When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The bill eliminates these provisions. Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Senate Judiciary Committee. The bill continues the Colorado commission on criminal and juvenile justice (commission) until September 1, 2028 2024 . The bill amends the legislative findings and declaration for the commission. The bill amends the commission membership as follows: Replaces the executive director of the department of human services, or the executive director's designee, with the commissioner of the behavioral health administration, or the commissioner's designee; Replaces the executive director of the department of higher education, or the executive director's designee, with a representative of higher education with expertise in criminal justice; Eliminates an expert in juvenile justice issues; Adds a second criminal defense attorney, and requires that one must be from a rural judicial district; Severs one existing position for a community corrections provider, community corrections board member, or a behavioral, mental health, or substance use disorder treatment provider into 2 positions: One for a behavioral, mental health, or substance use disorder treatment provider and one who represents a community corrections provider or a community corrections board; and Eliminates the 2 at-large members and substitutes one member who works with a community-based reentry program. The bill amends the commission's mission and duties. The bill requires the division of criminal justice (division) to provide a translator to provide oral translation in the Spanish language for every meeting and written translation into Spanish of every publicly available document. The division is required, upon request, to provide a translator to provide oral translation or written translation of a publicly available document in a requested language. The bill requires the commission to provide the opportunity for all members or interested persons to provide topics for study to be submitted to the governor. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July 1, 2025 2026, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is: Under 18 years of age; or 18 years of age or older and incapable of self-care because of a mental or physical disability. The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025 2026, and by August 31 of each year thereafter. The bill appropriates $655,530 to the department of labor and employment for the 2023-24 state fiscal year to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires a school district to implement additional procedural safeguards for an expulsion hearing (hearing). A school district is required to provide all records that the school district intends to use as supporting evidence in a hearing to the student or the student's parent, guardian, or legal custodian at least 5 business days prior to the hearing. If a school district intends to present written statements or oral testimony from witnesses during the hearing, the student and the student's parent, guardian, or legal custodian must be notified at least 5 business days prior to the hearing of the contents of the written statement or oral testimony provided to the school district. The student and the student's parent, guardian, or legal custodian have the right to cross-examine adverse witnesses who provide a written statement or oral testimony to the school district. During the hearing, the school district has the burden of presenting clear and convincing evidence to demonstrate that the student violated state law and the school district's policy, and that excluding the student from the learning environment through expulsion or denial of admission is necessary. Following the hearing, the executive officer or designee acting as a hearing officer is required to report findings of fact, findings regarding mitigating factors, and recommendations. Current law permits a student to be suspended, expelled, or denied admission for behavior on or off school property that is detrimental to the welfare or safety of other students or school personnel. The bill requires a school district or enrolling school district to demonstrate that a student's behavior off school grounds poses an imminent threat to other students or school personnel by establishing a direct and substantial nexus between the student's alleged conduct committed off school grounds and the risk of physical harm to other students or school personnel. Behavior that occurs off school grounds that results in delinquency or criminal charges and is unrelated to a school-sponsored event is not automatic grounds for suspension, expulsion, or denial of admission. For a hearing concerning a student whose alleged conduct occurred off school grounds, the executive officer or designee acting as a hearing officer is required to report findings of fact that establish a direct and substantial nexus between the student's behavior and the risk of physical harm to other students and school personnel. Current law allows a school district board of education (board) to delegate its power to its executive officer or to a designee who serves as a hearing officer to expel or deny admission to a student. The bill requires the individual who serves as the board's hearing officer to agree to recusal if a conflict of interest occurs that interferes with the individual's duty to act as an impartial hearing officer. An executive officer, a designee, or any individual acting as a hearing officer is also required to participate in an annual training on state and federal school discipline laws. (Note: This summary applies to this bill as introduced.)